Illinois 2023-2024 Regular Session

Illinois House Bill HB2285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0303
2	1		HB2285 EnrolledLRB103 26209 AMQ 52568 b HB2285 Enrolled LRB103 26209 AMQ 52568 b
3	2		HB2285 Enrolled LRB103 26209 AMQ 52568 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Health Care Worker Background Check Act is
8		-	amended by changing Section 15 as follows:
9		-	(225 ILCS 46/15)
10		-	Sec. 15. Definitions. In this Act:
11		-	"Applicant" means an individual enrolling in a training
12		-	program, seeking employment, whether paid or on a volunteer
13		-	basis, with a health care employer who has received a bona fide
14		-	conditional offer of employment.
15		-	"Conditional offer of employment" means a bona fide offer
16		-	of employment by a health care employer to an applicant, which
17		-	is contingent upon the receipt of a report from the Department
18		-	of Public Health indicating that the applicant does not have a
19		-	record of conviction of any of the criminal offenses
20		-	enumerated in Section 25.
21		-	"Department" means the Department of Public Health.
22		-	"Direct care" means the provision of nursing care or
23		-	assistance with feeding, dressing, movement, bathing,
24		-	toileting, or other personal needs, including home services as
25		-	defined in the Home Health, Home Services, and Home Nursing
26		-	Agency Licensing Act. The entity responsible for inspecting
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Health Care Worker Background Check Act is
	7	+	5 amended by changing Section 15 as follows:
	8	+	6 (225 ILCS 46/15)
	9	+	7 Sec. 15. Definitions. In this Act:
	10	+	8 "Applicant" means an individual enrolling in a training
	11	+	9 program, seeking employment, whether paid or on a volunteer
	12	+	10 basis, with a health care employer who has received a bona fide
	13	+	11 conditional offer of employment.
	14	+	12 "Conditional offer of employment" means a bona fide offer
	15	+	13 of employment by a health care employer to an applicant, which
	16	+	14 is contingent upon the receipt of a report from the Department
	17	+	15 of Public Health indicating that the applicant does not have a
	18	+	16 record of conviction of any of the criminal offenses
	19	+	17 enumerated in Section 25.
	20	+	18 "Department" means the Department of Public Health.
	21	+	19 "Direct care" means the provision of nursing care or
	22	+	20 assistance with feeding, dressing, movement, bathing,
	23	+	21 toileting, or other personal needs, including home services as
	24	+	22 defined in the Home Health, Home Services, and Home Nursing
	25	+	23 Agency Licensing Act. The entity responsible for inspecting
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28	27
29	28
30	29		HB2285 Enrolled LRB103 26209 AMQ 52568 b
31	30
32	31
33		-	and licensing, certifying, or registering the health care
34		-	employer may, by administrative rule, prescribe guidelines for
35		-	interpreting this definition with regard to the health care
36		-	employers that it licenses.
37		-	"Director" means the Director of Public Health.
38		-	"Disqualifying offenses" means those offenses set forth in
39		-	Section 25 of this Act.
40		-	"Employee" means any individual hired, employed, or
41		-	retained, whether paid or on a volunteer basis, to which this
42		-	Act applies.
43		-	"Finding" means the Department's determination of whether
44		-	an allegation is verified and substantiated.
45		-	"Fingerprint-based criminal history records check" means a
46		-	livescan fingerprint-based criminal history records check
47		-	submitted as a fee applicant inquiry in the form and manner
48		-	prescribed by the Illinois State Police.
49		-	"Health care employer" means:
50		-	(1) the owner or licensee of any of the following:
51		-	(i) a community living facility, as defined in the
52		-	Community Living Facilities Licensing Act;
53		-	(ii) a life care facility, as defined in the Life
54		-	Care Facilities Act;
55		-	(iii) a long-term care facility;
56		-	(iv) a home health agency, home services agency,
57		-	or home nursing agency as defined in the Home Health,
58		-	Home Services, and Home Nursing Agency Licensing Act;
	32	+	HB2285 Enrolled- 2 -LRB103 26209 AMQ 52568 b HB2285 Enrolled - 2 - LRB103 26209 AMQ 52568 b
	33	+	HB2285 Enrolled - 2 - LRB103 26209 AMQ 52568 b
	34	+	1 and licensing, certifying, or registering the health care
	35	+	2 employer may, by administrative rule, prescribe guidelines for
	36	+	3 interpreting this definition with regard to the health care
	37	+	4 employers that it licenses.
	38	+	5 "Director" means the Director of Public Health.
	39	+	6 "Disqualifying offenses" means those offenses set forth in
	40	+	7 Section 25 of this Act.
	41	+	8 "Employee" means any individual hired, employed, or
	42	+	9 retained, whether paid or on a volunteer basis, to which this
	43	+	10 Act applies.
	44	+	11 "Finding" means the Department's determination of whether
	45	+	12 an allegation is verified and substantiated.
	46	+	13 "Fingerprint-based criminal history records check" means a
	47	+	14 livescan fingerprint-based criminal history records check
	48	+	15 submitted as a fee applicant inquiry in the form and manner
	49	+	16 prescribed by the Illinois State Police.
	50	+	17 "Health care employer" means:
	51	+	18 (1) the owner or licensee of any of the following:
	52	+	19 (i) a community living facility, as defined in the
	53	+	20 Community Living Facilities Licensing Act;
	54	+	21 (ii) a life care facility, as defined in the Life
	55	+	22 Care Facilities Act;
	56	+	23 (iii) a long-term care facility;
	57	+	24 (iv) a home health agency, home services agency,
	58	+	25 or home nursing agency as defined in the Home Health,
	59	+	26 Home Services, and Home Nursing Agency Licensing Act;
59	60
60	61
61		-	(v) a hospice care program or volunteer hospice
62		-	program, as defined in the Hospice Program Licensing
63		-	Act;
64		-	(vi) a hospital, as defined in the Hospital
65		-	Licensing Act;
66		-	(vii) (blank);
67		-	(viii) a nurse agency, as defined in the Nurse
68		-	Agency Licensing Act;
69		-	(ix) a respite care provider, as defined in the
70		-	Respite Program Act;
71		-	(ix-a) an establishment licensed under the
72		-	Assisted Living and Shared Housing Act;
73		-	(x) a supportive living program, as defined in the
74		-	Illinois Public Aid Code;
75		-	(xi) early childhood intervention programs as
76		-	described in 59 Ill. Adm. Code 121;
77		-	(xii) the University of Illinois Hospital,
78		-	Chicago;
79		-	(xiii) programs funded by the Department on Aging
80		-	through the Community Care Program;
81		-	(xiv) programs certified to participate in the
82		-	Supportive Living Program authorized pursuant to
83		-	Section 5-5.01a of the Illinois Public Aid Code;
84		-	(xv) programs listed by the Emergency Medical
85		-	Services (EMS) Systems Act as Freestanding Emergency
86		-	Centers;
87	62
88	63
89		-	(xvi) locations licensed under the Alternative
90		-	Health Care Delivery Act;
91		-	(2) a day training program certified by the Department
92		-	of Human Services;
93		-	(3) a community integrated living arrangement operated
94		-	by a community mental health and developmental service
95		-	agency, as defined in the Community-Integrated Living
96		-	Arrangements Licensure and Certification Act;
97		-	(4) the State Long Term Care Ombudsman Program,
98		-	including any regional long term care ombudsman programs
99		-	under Section 4.04 of the Illinois Act on the Aging, only
100		-	for the purpose of securing background checks; or
101		-	(5) the Department of Corrections or a third-party
102		-	vendor employing certified nursing assistants working with
103		-	the Department of Corrections; or .
104		-	(6) a financial management services entity contracted
105		-	with the Department of Human Services, Division of
106		-	Developmental Disabilities, which is not the employer of
107		-	personal support workers but supports individuals
108		-	receiving participant directed services, to administer the
109		-	individuals' employer authority. A financial management
110		-	services entity assists participants in completing
111		-	background check requirements, collecting and processing
112		-	time sheets for support workers, and processing payroll,
113		-	withholding, filing, and payment of applicable federal,
114		-	State, and local employment-related taxes and insurance.
	64	+
	65	+	HB2285 Enrolled - 2 - LRB103 26209 AMQ 52568 b
115	66
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117		-	"Initiate" means obtaining from a student, applicant, or
118		-	employee his or her social security number, demographics, a
119		-	disclosure statement, and an authorization for the Department
120		-	of Public Health or its designee to request a
121		-	fingerprint-based criminal history records check; transmitting
122		-	this information electronically to the Department of Public
123		-	Health; conducting Internet searches on certain web sites,
124		-	including without limitation the Illinois Sex Offender
125		-	Registry, the Department of Corrections' Sex Offender Search
126		-	Engine, the Department of Corrections' Inmate Search Engine,
127		-	the Department of Corrections Wanted Fugitives Search Engine,
128		-	the National Sex Offender Public Registry, and the List of
129		-	Excluded Individuals and Entities database on the website of
130		-	the Health and Human Services Office of Inspector General to
131		-	determine if the applicant has been adjudicated a sex
132		-	offender, has been a prison inmate, or has committed Medicare
133		-	or Medicaid fraud, or conducting similar searches as defined
134		-	by rule; and having the student, applicant, or employee's
135		-	fingerprints collected and transmitted electronically to the
136		-	Illinois State Police.
137		-	"Livescan vendor" means an entity whose equipment has been
138		-	certified by the Illinois State Police to collect an
139		-	individual's demographics and inkless fingerprints and, in a
140		-	manner prescribed by the Illinois State Police and the
141		-	Department of Public Health, electronically transmit the
142		-	fingerprints and required data to the Illinois State Police
	68	+	HB2285 Enrolled- 3 -LRB103 26209 AMQ 52568 b HB2285 Enrolled - 3 - LRB103 26209 AMQ 52568 b
	69	+	HB2285 Enrolled - 3 - LRB103 26209 AMQ 52568 b
	70	+	1 (v) a hospice care program or volunteer hospice
	71	+	2 program, as defined in the Hospice Program Licensing
	72	+	3 Act;
	73	+	4 (vi) a hospital, as defined in the Hospital
	74	+	5 Licensing Act;
	75	+	6 (vii) (blank);
	76	+	7 (viii) a nurse agency, as defined in the Nurse
	77	+	8 Agency Licensing Act;
	78	+	9 (ix) a respite care provider, as defined in the
	79	+	10 Respite Program Act;
	80	+	11 (ix-a) an establishment licensed under the
	81	+	12 Assisted Living and Shared Housing Act;
	82	+	13 (x) a supportive living program, as defined in the
	83	+	14 Illinois Public Aid Code;
	84	+	15 (xi) early childhood intervention programs as
	85	+	16 described in 59 Ill. Adm. Code 121;
	86	+	17 (xii) the University of Illinois Hospital,
	87	+	18 Chicago;
	88	+	19 (xiii) programs funded by the Department on Aging
	89	+	20 through the Community Care Program;
	90	+	21 (xiv) programs certified to participate in the
	91	+	22 Supportive Living Program authorized pursuant to
	92	+	23 Section 5-5.01a of the Illinois Public Aid Code;
	93	+	24 (xv) programs listed by the Emergency Medical
	94	+	25 Services (EMS) Systems Act as Freestanding Emergency
	95	+	26 Centers;
143	96
144	97
145		-	and a daily file of required data to the Department of Public
146		-	Health. The Department of Public Health shall negotiate a
147		-	contract with one or more vendors that effectively demonstrate
148		-	that the vendor has 2 or more years of experience transmitting
149		-	fingerprints electronically to the Illinois State Police and
150		-	that the vendor can successfully transmit the required data in
151		-	a manner prescribed by the Department of Public Health. Vendor
152		-	authorization may be further defined by administrative rule.
153		-	"Long-term care facility" means a facility licensed by the
154		-	State or certified under federal law as a long-term care
155		-	facility, including without limitation facilities licensed
156		-	under the Nursing Home Care Act, the Specialized Mental Health
157		-	Rehabilitation Act of 2013, the ID/DD Community Care Act, or
158		-	the MC/DD Act, a supportive living facility, an assisted
159		-	living establishment, or a shared housing establishment or
160		-	registered as a board and care home.
161		-	"Resident" means a person, individual, or patient under
162		-	the direct care of a health care employer or who has been
163		-	provided goods or services by a health care employer.
164		-	(Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21;
165		-	102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff.
166		-	5-13-22.)
	98	+
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	100	+
	101	+	HB2285 Enrolled - 3 - LRB103 26209 AMQ 52568 b
	102	+
	103	+
	104	+	HB2285 Enrolled- 4 -LRB103 26209 AMQ 52568 b HB2285 Enrolled - 4 - LRB103 26209 AMQ 52568 b
	105	+	HB2285 Enrolled - 4 - LRB103 26209 AMQ 52568 b
	106	+	1 (xvi) locations licensed under the Alternative
	107	+	2 Health Care Delivery Act;
	108	+	3 (2) a day training program certified by the Department
	109	+	4 of Human Services;
	110	+	5 (3) a community integrated living arrangement operated
	111	+	6 by a community mental health and developmental service
	112	+	7 agency, as defined in the Community-Integrated Living
	113	+	8 Arrangements Licensure and Certification Act;
	114	+	9 (4) the State Long Term Care Ombudsman Program,
	115	+	10 including any regional long term care ombudsman programs
	116	+	11 under Section 4.04 of the Illinois Act on the Aging, only
	117	+	12 for the purpose of securing background checks; or
	118	+	13 (5) the Department of Corrections or a third-party
	119	+	14 vendor employing certified nursing assistants working with
	120	+	15 the Department of Corrections; or .
	121	+	16 (6) a financial management services entity contracted
	122	+	17 with the Department of Human Services, Division of
	123	+	18 Developmental Disabilities, which is not the employer of
	124	+	19 personal support workers but supports individuals
	125	+	20 receiving participant directed services, to administer the
	126	+	21 individuals' employer authority. A financial management
	127	+	22 services entity assists participants in completing
	128	+	23 background check requirements, collecting and processing
	129	+	24 time sheets for support workers, and processing payroll,
	130	+	25 withholding, filing, and payment of applicable federal,
	131	+	26 State, and local employment-related taxes and insurance.
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB2285 Enrolled - 4 - LRB103 26209 AMQ 52568 b
	138	+
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	140	+	HB2285 Enrolled- 5 -LRB103 26209 AMQ 52568 b HB2285 Enrolled - 5 - LRB103 26209 AMQ 52568 b
	141	+	HB2285 Enrolled - 5 - LRB103 26209 AMQ 52568 b
	142	+	1 "Initiate" means obtaining from a student, applicant, or
	143	+	2 employee his or her social security number, demographics, a
	144	+	3 disclosure statement, and an authorization for the Department
	145	+	4 of Public Health or its designee to request a
	146	+	5 fingerprint-based criminal history records check; transmitting
	147	+	6 this information electronically to the Department of Public
	148	+	7 Health; conducting Internet searches on certain web sites,
	149	+	8 including without limitation the Illinois Sex Offender
	150	+	9 Registry, the Department of Corrections' Sex Offender Search
	151	+	10 Engine, the Department of Corrections' Inmate Search Engine,
	152	+	11 the Department of Corrections Wanted Fugitives Search Engine,
	153	+	12 the National Sex Offender Public Registry, and the List of
	154	+	13 Excluded Individuals and Entities database on the website of
	155	+	14 the Health and Human Services Office of Inspector General to
	156	+	15 determine if the applicant has been adjudicated a sex
	157	+	16 offender, has been a prison inmate, or has committed Medicare
	158	+	17 or Medicaid fraud, or conducting similar searches as defined
	159	+	18 by rule; and having the student, applicant, or employee's
	160	+	19 fingerprints collected and transmitted electronically to the
	161	+	20 Illinois State Police.
	162	+	21 "Livescan vendor" means an entity whose equipment has been
	163	+	22 certified by the Illinois State Police to collect an
	164	+	23 individual's demographics and inkless fingerprints and, in a
	165	+	24 manner prescribed by the Illinois State Police and the
	166	+	25 Department of Public Health, electronically transmit the
	167	+	26 fingerprints and required data to the Illinois State Police
	168	+
	169	+
	170	+
	171	+
	172	+
	173	+	HB2285 Enrolled - 5 - LRB103 26209 AMQ 52568 b
	174	+
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	177	+	HB2285 Enrolled - 6 - LRB103 26209 AMQ 52568 b
	178	+	1 and a daily file of required data to the Department of Public
	179	+	2 Health. The Department of Public Health shall negotiate a
	180	+	3 contract with one or more vendors that effectively demonstrate
	181	+	4 that the vendor has 2 or more years of experience transmitting
	182	+	5 fingerprints electronically to the Illinois State Police and
	183	+	6 that the vendor can successfully transmit the required data in
	184	+	7 a manner prescribed by the Department of Public Health. Vendor
	185	+	8 authorization may be further defined by administrative rule.
	186	+	9 "Long-term care facility" means a facility licensed by the
	187	+	10 State or certified under federal law as a long-term care
	188	+	11 facility, including without limitation facilities licensed
	189	+	12 under the Nursing Home Care Act, the Specialized Mental Health
	190	+	13 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
	191	+	14 the MC/DD Act, a supportive living facility, an assisted
	192	+	15 living establishment, or a shared housing establishment or
	193	+	16 registered as a board and care home.
	194	+	17 "Resident" means a person, individual, or patient under
	195	+	18 the direct care of a health care employer or who has been
	196	+	19 provided goods or services by a health care employer.
	197	+	20 (Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21;
	198	+	21 102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff.
	199	+	22 5-13-22.)
	200	+
	201	+
	202	+
	203	+
	204	+
	205	+	HB2285 Enrolled - 6 - LRB103 26209 AMQ 52568 b