# 77 Ill. Adm. Code 300.615: Section 300.615 Determination of Need Screening and Request for Resident Criminal History Record Information > Illinois · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_615 ## Section - **Citation:** 77 Ill. Adm. Code 300.615 - **Heading:** Section 300.615 Determination of Need Screening and Request for Resident Criminal History Record Information - **Jurisdiction:** Illinois - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Illinois Administrative Code / Title 77 PUBLIC HEALTH / CHAPTER I: DEPARTMENT OF PUBLIC HEALTH / Part 300 SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE / Section 300.615 Determination of Need Screening and Request for Resident Criminal History Record Information ## Text 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. ## Nearby sections - [77 Ill. Adm. Code 300.610 Section 300.610 Resident Care Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_610.md) - [77 Ill. Adm. Code 300.615 Section 300.615 Determination of Need Screening and Request for Resident Criminal History Record Information](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_615.md) - [77 Ill. Adm. Code 300.620 Section 300.620 Admission, Retention and Discharge Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_620.md) - [77 Ill. Adm. Code 300.624 Section 300.624 Criminal History Background Checks for Persons Who Were Residents on May 10, 2006 (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_624.md) - [77 Ill. Adm. Code 300.625 Section 300.625 Identified Offenders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_625.md) - [77 Ill. Adm. Code 300.626 Section 300.626 Discharge Planning for Identified Offenders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_626.md) - [77 Ill. Adm. Code 300.627 Section 300.627 Transfer of an Identified Offender](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_627.md) - [77 Ill. Adm. Code 300.630 Section 300.630 Contract Between Resident and Facility](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_630.md) - [77 Ill. Adm. Code 300.640 Section 300.640 Residents' Advisory Council](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_640.md) - [77 Ill. Adm. Code 300.655 Section 300.655 Initial Health Evaluation for Employees](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_655.md) - [77 Ill. Adm. Code 300.660 Section 300.660 Nursing Assistants](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_660.md) - [77 Ill. Adm. Code 300.661 Section 300.661 Health Care Worker Background Check](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_661.md) - [77 Ill. Adm. Code 300.662 Section 300.662 Resident Attendants](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_662.md) - [77 Ill. Adm. Code 300.663 Section 300.663 Registry of Certified Nursing Assistants](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_663.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P300_S300_615. Check the current official text before relying on it. Not legal advice.