Illinois 2023-2024 Regular Session

Illinois House Bill HB2453 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2453 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 225 ILCS 46/25 225 ILCS 46/65 735 ILCS 5/Art. VIII Pt. 30 heading new735 ILCS 5/8-3001 new Amends the Health Care Worker Background Check Act. Provides that a health care employer or long-term care facility may hire, employ, or retain any individual in a position involving direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of residents, who has been convicted of committing or attempting to commit one or more specified offenses, either within 5, 10, or 25 years after the date of conviction, only with a waiver. Provides that the Health Care Worker Task Force shall include: 2 individuals with a criminal record who work with a community organization that works with people with criminal records; an individual from a legal services agency that represents people with criminal records; an individual from an organization that advocates for improved opportunity for people with criminal records; and a representative from a provider that helps connect people with criminal records with employment. Provides that on or before January 1, 2025, the Task Force shall issue recommendations to the Department of Public Health. Provides that beginning January 1, 2024, the Task Force shall make recommendations to the Department regarding connecting people with criminal records to employment with work in the health care industry. Provides that on or before January 1 of each year, the Department shall report to the Task Force, the Governor, and both houses of the General Assembly specified information for the previous fiscal year. Makes conforming changes to the Code of Civil Procedure. LRB103 28583 AMQ 54964 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2453 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 225 ILCS 46/25 225 ILCS 46/65 735 ILCS 5/Art. VIII Pt. 30 heading new735 ILCS 5/8-3001 new 225 ILCS 46/25 225 ILCS 46/65 735 ILCS 5/Art. VIII Pt. 30 heading new 735 ILCS 5/8-3001 new Amends the Health Care Worker Background Check Act. Provides that a health care employer or long-term care facility may hire, employ, or retain any individual in a position involving direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of residents, who has been convicted of committing or attempting to commit one or more specified offenses, either within 5, 10, or 25 years after the date of conviction, only with a waiver. Provides that the Health Care Worker Task Force shall include: 2 individuals with a criminal record who work with a community organization that works with people with criminal records; an individual from a legal services agency that represents people with criminal records; an individual from an organization that advocates for improved opportunity for people with criminal records; and a representative from a provider that helps connect people with criminal records with employment. Provides that on or before January 1, 2025, the Task Force shall issue recommendations to the Department of Public Health. Provides that beginning January 1, 2024, the Task Force shall make recommendations to the Department regarding connecting people with criminal records to employment with work in the health care industry. Provides that on or before January 1 of each year, the Department shall report to the Task Force, the Governor, and both houses of the General Assembly specified information for the previous fiscal year. Makes conforming changes to the Code of Civil Procedure. LRB103 28583 AMQ 54964 b LRB103 28583 AMQ 54964 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2453 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 46/25 225 ILCS 46/65 735 ILCS 5/Art. VIII Pt. 30 heading new735 ILCS 5/8-3001 new 225 ILCS 46/25 225 ILCS 46/65 735 ILCS 5/Art. VIII Pt. 30 heading new 735 ILCS 5/8-3001 new
4	4	225 ILCS 46/25
5	5	225 ILCS 46/65
6	6	735 ILCS 5/Art. VIII Pt. 30 heading new
7	7	735 ILCS 5/8-3001 new
8	8	Amends the Health Care Worker Background Check Act. Provides that a health care employer or long-term care facility may hire, employ, or retain any individual in a position involving direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of residents, who has been convicted of committing or attempting to commit one or more specified offenses, either within 5, 10, or 25 years after the date of conviction, only with a waiver. Provides that the Health Care Worker Task Force shall include: 2 individuals with a criminal record who work with a community organization that works with people with criminal records; an individual from a legal services agency that represents people with criminal records; an individual from an organization that advocates for improved opportunity for people with criminal records; and a representative from a provider that helps connect people with criminal records with employment. Provides that on or before January 1, 2025, the Task Force shall issue recommendations to the Department of Public Health. Provides that beginning January 1, 2024, the Task Force shall make recommendations to the Department regarding connecting people with criminal records to employment with work in the health care industry. Provides that on or before January 1 of each year, the Department shall report to the Task Force, the Governor, and both houses of the General Assembly specified information for the previous fiscal year. Makes conforming changes to the Code of Civil Procedure.
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14	14	1 AN ACT concerning regulation.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Health Care Worker Background Check Act is
18	18	5 amended by changing Sections 25 and 65 as follows:
19	19	6 (225 ILCS 46/25)
20	20	7 Sec. 25. Hiring of people with criminal records by health
21	21	8 care employers and long-term care facilities.
22	22	9 (a) A health care employer or long-term care facility may
23	23	10 hire, employ, or retain any individual in a position involving
24	24	11 direct care for clients, patients, or residents, or access to
25	25	12 the living quarters or the financial, medical, or personal
26	26	13 records of clients, patients, or residents, who has been
27	27	14 convicted of committing or attempting to commit one or more of
28	28	15 the following offenses described in this subsection, within 5
29	29	16 years after the date of conviction, only with a waiver
30	30	17 described in Section 40: those defined in Sections 8-1(b),
31	31	18 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2,
32	32	19 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7,
33	33	20 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1,
34	34	21 11-9.2, 11-9.3, 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B,
35	35	22 11-20.3, 12-1, 12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4,
36	36	23 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2453 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
41	41	225 ILCS 46/25 225 ILCS 46/65 735 ILCS 5/Art. VIII Pt. 30 heading new735 ILCS 5/8-3001 new 225 ILCS 46/25 225 ILCS 46/65 735 ILCS 5/Art. VIII Pt. 30 heading new 735 ILCS 5/8-3001 new
42	42	225 ILCS 46/25
43	43	225 ILCS 46/65
44	44	735 ILCS 5/Art. VIII Pt. 30 heading new
45	45	735 ILCS 5/8-3001 new
46	46	Amends the Health Care Worker Background Check Act. Provides that a health care employer or long-term care facility may hire, employ, or retain any individual in a position involving direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of residents, who has been convicted of committing or attempting to commit one or more specified offenses, either within 5, 10, or 25 years after the date of conviction, only with a waiver. Provides that the Health Care Worker Task Force shall include: 2 individuals with a criminal record who work with a community organization that works with people with criminal records; an individual from a legal services agency that represents people with criminal records; an individual from an organization that advocates for improved opportunity for people with criminal records; and a representative from a provider that helps connect people with criminal records with employment. Provides that on or before January 1, 2025, the Task Force shall issue recommendations to the Department of Public Health. Provides that beginning January 1, 2024, the Task Force shall make recommendations to the Department regarding connecting people with criminal records to employment with work in the health care industry. Provides that on or before January 1 of each year, the Department shall report to the Task Force, the Governor, and both houses of the General Assembly specified information for the previous fiscal year. Makes conforming changes to the Code of Civil Procedure.
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49	49	A BILL FOR
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55	55	225 ILCS 46/25
56	56	225 ILCS 46/65
57	57	735 ILCS 5/Art. VIII Pt. 30 heading new
58	58	735 ILCS 5/8-3001 new
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77	77	1 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19,
78	78	2 12-20.5, 12-21, 12-21.5, 12-21.6, 12-32, 12-33, 12C-5, 12C-10,
79	79	3 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3,
80	80	4 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1, 24-1,
81	81	5 24-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or subdivision
82	82	6 (a)(4) of Section 11-14.4, or in subsection (a) of Section
83	83	7 12-3 or subsection (a) or (b) of Section 12-4.4a, of the
84	84	8 Criminal Code of 1961 or the Criminal Code of 2012; those
85	85	9 provided in Section 4 of the Wrongs to Children Act; those
86	86	10 provided in Section 53 of the Criminal Jurisprudence Act;
87	87	11 those defined in subsection (c), (d), (e), (f), or (g) of
88	88	12 Section 5 or Section 5.1, 5.2, 7, or 9 of the Cannabis Control
89	89	13 Act; those defined in the Methamphetamine Control and
90	90	14 Community Protection Act; those defined in Sections 401,
91	91	15 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
92	92	16 Controlled Substances Act; or subsection (a) of Section 3.01,
93	93	17 Section 3.02, or Section 3.03 of the Humane Care for Animals
94	94	18 Act.
95	95	19 (1) a misdemeanor offense defined in Section 16-1 or
96	96	20 16-25 of the Criminal Code of 2012; or
97	97	21 (2) an offense defined in Section 16-2, 17-33, 17-34,
98	98	22 17-36, 17-44, 19-4, or in subsection (a) of Section 12-3
99	99	23 of the Criminal Code of 2012.
100	100	24 If more than 5 years have passed since the date of the last
101	101	25 conviction for an offense described in this subsection, the
102	102	26 applicant shall be deemed eligible for hire without a waiver
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113	113	1 for that offense.
114	114	2 (a-1) A health care employer or long-term care facility
115	115	3 may hire, employ, or retain any individual in a position
116	116	4 involving direct care for clients, patients, or residents, or
117	117	5 access to the living quarters or the financial, medical, or
118	118	6 personal records of clients, patients, or residents, who has
119	119	7 been convicted of committing or attempting to commit one or
120	120	8 more of the following offenses described in this subsection,
121	121	9 within 10 years after the date of conviction, only with a
122	122	10 waiver described in Section 40: those offenses defined in
123	123	11 Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
124	124	12 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
125	125	13 24-3.2, or 24-3.3, or subsection (b) of Section 17-32,
126	126	14 subsection (b) of Section 18-1, or subsection (b) of Section
127	127	15 20-1, of the Criminal Code of 1961 or the Criminal Code of
128	128	16 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
129	129	17 and Debit Card Act; or Section 11-9.1A of the Criminal Code of
130	130	18 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
131	131	19 to Children Act; or (ii) violated Section 50-50 of the Nurse
132	132	20 Practice Act.
133	133	21 (1) an offense defined in Section 12-1, 12-2, or
134	134	22 12-3.2 or a felony offense described in Section 12-2,
135	135	23 12-3.2, 16-1, or 16-25 of the Criminal Code of 1961 or the
136	136	24 Criminal Code of 2012; or
137	137	25 (2) an offense described in Section 12-3.3, 12-4.5,
138	138	26 12-7.4, 16-30, 17-3, 18-1, 18-3, 19-1, 19-3, 19-6, 20-1,
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149	149	1 or 20-1.1, or subsection (b) of Section 20-1 of the
150	150	2 Criminal Code of 1961 or the Criminal Code of 2012.
151	151	3 If more than 10 years have passed since the date of the
152	152	4 last conviction for an offense described in this subsection,
153	153	5 the applicant shall be deemed eligible for hire without a
154	154	6 waiver for that offense.
155	155	7 A health care employer is not required to retain an
156	156	8 individual in a position with duties involving direct care for
157	157	9 clients, patients, or residents, and no long-term care
158	158	10 facility is required to retain an individual in a position
159	159	11 with duties that involve or may involve contact with residents
160	160	12 or access to the living quarters or the financial, medical, or
161	161	13 personal records of residents, who has been convicted of
162	162	14 committing or attempting to commit one or more of the offenses
163	163	15 enumerated in this subsection.
164	164	16 (a-2) A health care employer or long-term care facility
165	165	17 may hire, employ, or retain any individual in a position
166	166	18 involving direct care for clients, patients, or residents, or
167	167	19 access to the living quarters or the financial, medical, or
168	168	20 personal records of residents, who has been convicted of
169	169	21 committing or attempting to commit one or more of the offenses
170	170	22 described in this subsection, within 25 years of the date of
171	171	23 conviction, only with a waiver described in Section 40:
172	172	24 Section 12-3.05 or 12-3.3 of the Criminal Code of 1961 or the
173	173	25 Criminal Code of 2012. If more than 25 years have passed since
174	174	26 the date of the last conviction for the disqualifying offense,
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185	185	1 the applicant shall be deemed eligible for hire without a
186	186	2 waiver for that offense.
187	187	3 (b) A health care employer shall not hire, employ, or
188	188	4 retain, whether paid or on a volunteer basis, any individual
189	189	5 in a position with duties involving direct care of clients,
190	190	6 patients, or residents, and no long-term care facility shall
191	191	7 knowingly hire, employ, or retain, whether paid or on a
192	192	8 volunteer basis, any individual in a position with duties that
193	193	9 involve or may involve contact with residents or access to the
194	194	10 living quarters or the financial, medical, or personal records
195	195	11 of residents, if the health care employer becomes aware that
196	196	12 the individual has been convicted in another state of
197	197	13 committing or attempting to commit an offense that has the
198	198	14 same or similar elements as an offense listed in subsection
199	199	15 (a) or (a-1), as verified by court records, records from a
200	200	16 state agency, or an FBI criminal history record check, unless
201	201	17 the applicant or employee obtains a waiver pursuant to Section
202	202	18 40 of this Act. This shall not be construed to mean that a
203	203	19 health care employer has an obligation to conduct a criminal
204	204	20 history records check in other states in which an employee has
205	205	21 resided.
206	206	22 (c) A health care employer shall not hire, employ, or
207	207	23 retain, whether paid or on a volunteer basis, any individual
208	208	24 in a position with duties involving direct care of clients,
209	209	25 patients, or residents, who has a finding by the Department of
210	210	26 abuse, neglect, misappropriation of property, or theft denoted
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221	221	1 on the Health Care Worker Registry.
222	222	2 (d) A health care employer shall not hire, employ, or
223	223	3 retain, whether paid or on a volunteer basis, any individual
224	224	4 in a position with duties involving direct care of clients,
225	225	5 patients, or residents if the individual has a verified and
226	226	6 substantiated finding of abuse, neglect, or financial
227	227	7 exploitation, as identified within the Adult Protective
228	228	8 Service Registry established under Section 7.5 of the Adult
229	229	9 Protective Services Act.
230	230	10 (e) A health care employer shall not hire, employ, or
231	231	11 retain, whether paid or on a volunteer basis, any individual
232	232	12 in a position with duties involving direct care of clients,
233	233	13 patients, or residents who has a finding by the Department of
234	234	14 Human Services of physical or sexual abuse, financial
235	235	15 exploitation, or egregious neglect of an individual denoted on
236	236	16 the Health Care Worker Registry.
237	237	17 (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
238	238	18 (225 ILCS 46/65)
239	239	19 Sec. 65. Health Care Worker Task Force. A Health Care
240	240	20 Worker Task Force shall be appointed to study and make
241	241	21 recommendations on statutory and regulatory changes to this
242	242	22 Act and implementation of this Act.
243	243	23 (a) The Task Force shall monitor the status of the
244	244	24 implementation of this Act and monitor complaint
245	245	25 investigations relating to this Act by the Department on
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256	256	1 Aging, Department of Public Health, Department of Professional
257	257	2 Regulation, and the Department of Human Services to determine
258	258	3 the criminal background, if any, of health care workers who
259	259	4 have had findings of abuse, theft, or exploitation.
260	260	5 (b) The Task Force shall make recommendations concerning
261	261	6 modifications to the list of offenses enumerated in Section
262	262	7 25, including time limits on all or some of the disqualifying
263	263	8 offenses, and any other necessary or desirable changes to the
264	264	9 Act.
265	265	10 (c) In the event that proposed rules or changes are
266	266	11 properly submitted to the Task Force and the Task Force fails
267	267	12 to advise the Department within 90 days after receipt of the
268	268	13 proposed rules or changes, final action shall be deemed to
269	269	14 have been taken by the Task Force concerning the proposed
270	270	15 rules or changes.
271	271	16 (d) The Task Force shall be composed of the following
272	272	17 members, who shall serve without pay:
273	273	18 (1) a chairman knowledgeable about health care issues,
274	274	19 who shall be appointed by the Governor;
275	275	20 (2) the Director of Public Health or his or her
276	276	21 designee;
277	277	22 (3) the Director of the Illinois State Police or his
278	278	23 or her designee;
279	279	24 (3.5) the Director of Healthcare and Family Services
280	280	25 or his or her designee;
281	281	26 (3.6) the Secretary of Human Services or his or her
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292	292	1 designee;
293	293	2 (3.7) the Director of Aging or his or her designee;
294	294	3 (4) 2 representatives of health care providers, who
295	295	4 shall be appointed by the Governor;
296	296	5 (5) 2 representatives of health care employees, who
297	297	6 shall be appointed by the Governor;
298	298	7 (5.5) a representative of a Community Care homemaker
299	299	8 program, who shall be appointed by the Governor;
300	300	9 (5.10) 2 individuals with a criminal record who work
301	301	10 with a community organization that works with people with
302	302	11 criminal records;
303	303	12 (5.15) an individual from a legal services agency that
304	304	13 represents people with criminal records;
305	305	14 (5.20) an individual from an organization that
306	306	15 advocates for improved opportunity for people with
307	307	16 criminal records;
308	308	17 (5.25) a representative from a provider that helps
309	309	18 connect people with criminal records with employment;
310	310	19 (6) a representative of the general public who has an
311	311	20 interest in health care, who shall be appointed by the
312	312	21 Governor; and
313	313	22 (7) 4 members of the General Assembly, one appointed
314	314	23 by the Speaker of the House, one appointed by the House
315	315	24 Minority Leader, one appointed by the President of the
316	316	25 Senate, and one appointed by the Senate Minority Leader.
317	317	26 (e) The Task Force shall meet at least quarterly, and more
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328	328	1 frequently at the discretion of the chairperson. Task Force
329	329	2 members shall serve until a replacement is sworn and
330	330	3 qualified. Nine members appointed to the Task Force
331	331	4 constitutes a quorum.
332	332	5 (f) On or before January 1, 2025, the Task Force shall
333	333	6 issue recommendations to the Department of Public Health. In
334	334	7 making its recommendations, the Task Force shall (i) examine
335	335	8 whether the relevant rules must be amended to reflect changes
336	336	9 in State law and (ii) determine whether the waiver procedures
337	337	10 are effective in providing opportunity for persons with
338	338	11 criminal records to gain employment in health care and
339	339	12 long-term care facilities while also meeting the needs of
340	340	13 residents of those facilities. The procedures to be examined
341	341	14 include the timeframes regarding when an applicant may seek a
342	342	15 waiver, the information provided on the health care worker
343	343	16 registry, the factors considered by the Department in
344	344	17 determining whether to grant a waiver, and the waiver
345	345	18 application procedures and materials themselves.
346	346	19 (g) Beginning January 1, 2024, the Task Force shall make
347	347	20 recommendations to the Department of Public Health regarding
348	348	21 connecting people with criminal records to employment with
349	349	22 work in the health care industry.
350	350	23 (h) On or before January 1 of each year, the Department of
351	351	24 Public Health shall report to the Task Force, the Governor,
352	352	25 and the General Assembly the following information for the
353	353	26 previous fiscal year:
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364	364	1 (1) the number of waiver petitions filed;
365	365	2 (2) the number of waiver petitions granted;
366	366	3 (3) the number of waiver petitions denied; and
367	367	4 (4) the number of individuals with a waiver who are
368	368	5 employed by a health care employer or long-term care
369	369	6 facility.
370	370	7 The information reported under this Section shall be made
371	371	8 available to the public at the time it is reported on the
372	372	9 official website of the Department of Public Health.
373	373	10 (Source: P.A. 102-538, eff. 8-20-21.)
374	374	11 Section 10. The Code of Civil Procedure is amended by
375	375	12 adding the heading of Article VIII Pt. 30 and Section 8-3001 as
376	376	13 follows:
377	377	14 (735 ILCS 5/Art. VIII Pt. 30 heading new)
378	378	15 Part 30. Waivers under the Health Care Worker
379	379	16 Background Check Act
380	380	17 (735 ILCS 5/8-3001 new)
381	381	18 Sec. 8-3001. Admissibility of evidence of a disqualifying
382	382	19 defense under the Health Care Worker Background Check Act.
383	383	20 Evidence that an employee (i) has been granted a waiver or
384	384	21 similar relief pursuant to the Health Care Worker Background
385	385	22 Check Act or (i) has been convicted of a disqualifying
386	386	23 offense, as defined under the Health Care Worker Background
387	387
388	388
389	389
390	390
391	391
392	392	HB2453 - 10 - LRB103 28583 AMQ 54964 b
393	393
394	394
395	395	HB2453- 11 -LRB103 28583 AMQ 54964 b HB2453 - 11 - LRB103 28583 AMQ 54964 b
396	396	HB2453 - 11 - LRB103 28583 AMQ 54964 b
397	397	1 Check Act, is not admissible for the purpose of proving that an
398	398	2 employer subject to the Health Care Worker Background Check
399	399	3 Act was negligent or otherwise liable for hiring the employee
400	400	4 if the employee has received a waiver or has otherwise been
401	401	5 determined eligible for hire pursuant to the Health Care
402	402	6 Worker Background Check Act. This Section does not bar
403	403	7 admission of such evidence for another lawful purpose,
404	404	8 including, but not limited to, impeachment.
405	405
406	406
407	407
408	408
409	409
410	410	HB2453 - 11 - LRB103 28583 AMQ 54964 b