Section 300.615 Determination of Need Screening and Request for Resident Criminal History Record Information

Section 300

Section 300.615

Determination of Need Screening and Request for Resident Criminal History

Record Information

a)         For the purpose of this Section only, a nursing facility is

any bed licensed as a skilled nursing or intermediate care facility bed, or a

location certified to participate in the Medicare program under Title XVIII of

the Social Security Act or Medicaid program under Title XIX of the Social

Security Act.

b)

All persons seeking admission to a nursing facility must be

screened to determine the need for nursing facility services prior to being

admitted, regardless of income, assets, or funding source.

(Section 2-201.5(a)

of the Act)  A screening assessment is not required provided one of the

conditions in Section 140.642(c) of the rules of the Department of Healthcare

and Family Services titled Medical Payment (89 Ill. Adm. Code 140.642(c)) is

met.

c)

Any person who seeks to become eligible for medical

assistance from the Medical Assistance program under the Illinois Public Aid

Code to pay for long-term care services while residing in a facility

shall

be

screened

in accordance with 89 Ill. Adm. Code 140.642(b)(4). (Section

2-201.5(a) of the Act)

d)

Screening shall be administered through procedures

established by administrative rule

by the agency responsible for screening.

(Section 2-201.5(a) of the Act)  The Illinois Department on Aging is

responsible for the screening required in subsection (b) of this Section for

individuals 60 years of age or older who are not developmentally disabled or do

not have a severe mental illness.  The Illinois Department of Human Services is

responsible for the screening required in subsection (b) of this Section for

all individuals 18 through 59 years of age and for individuals 60 years of age

or older who are  developmentally disabled or have a severe mental illness.

The Illinois Department of Healthcare and Family Services or its designee is

responsible for the screening required in subsection (c) of this Section

Services is

responsible for the screening required in subsection (b) of this Section for

all individuals 18 through 59 years of age and for individuals 60 years of age

or older who are  developmentally disabled or have a severe mental illness.

The Illinois Department of Healthcare and Family Services or its designee is

responsible for the screening required in subsection (c) of this Section.

e)

In

addition to the screening required by

Section 2-201.5(a) of the Act and

this Section,

a facility shall, within 24 hours after admission

of a

resident

, request a criminal history background check pursuant to the

Uniform Conviction Information Act  for all persons 18 or older seeking

admission to the facility, unless a background check was initiated by a

hospital pursuant to the Hospital Licensing Act.  Background checks shall be

based on the resident's name, date of birth, and other identifiers as required

by the Department of State Police.

(Section 2-201.5(b) of the Act)

f)         The

facility shall check for the individual's name on the Illinois Sex Offender

Registration website at www.isp.state.il.us and the Illinois Department of

Corrections sex registrant search page at www.idoc.state.il.us to determine if

the individual is listed as a registered sex offender.

g)

If

the results of the background check are inconclusive, the facility shall

initiate a fingerprint-based check, unless the fingerprint check is waived by

the Director of Public Health based on verification by the facility that the

resident is completely immobile or that the resident meets other criteria

related to the resident's health or lack of potential risk,

such as the

existence of a severe, debilitating physical, medical, or mental condition that

nullifies any potential risk presented by the resident

ss the fingerprint check is waived by

the Director of Public Health based on verification by the facility that the

resident is completely immobile or that the resident meets other criteria

related to the resident's health or lack of potential risk,

such as the

existence of a severe, debilitating physical, medical, or mental condition that

nullifies any potential risk presented by the resident.  (Section 2-201.5(b) of

the Act)  The facility shall arrange for a fingerprint-based background check

or request a waiver from the Department within 5 days after receiving

inconclusive results of a name-based background check.  The fingerprint-based

background check shall be conducted within 25 days after receiving the

inconclusive results of the name-based check.

h)

A

waiver issued pursuant to

Section

2-201.5(b) of the Act

shall be

valid only while

the resident is immobile or while the criteria

supporting the waiver exist.

(Section 2-201.5(b) of the Act)

i)

The facility shall provide for or arrange

for any required fingerprint-based checks to be taken on the premises of the

facility.  If a fingerprint-based check is required, the facility shall arrange

for it to be conducted in a manner that is respectful of the resident's dignity

and that minimizes any emotional or physical

hardship to the resident.

(Section 2-201.5(b) of the Act)  If a facility is unable to conduct a

fingerprint-based background check in compliance with this Section, then it

shall provide conclusive evidence of the resident's immobility or risk

nullification of the waiver issued pursuant to Section 2-201.5(b) of the Act.

j)          The facility shall be responsible for taking

all steps necessary to ensure the safety of residents while the results of a

name-based background check or a fingerprint-based background check are

pending; while the results of a request for waiver of a fingerprint-based check

are pending; and/or while the Identified Offender Report and Recommendation is

pending.