Section 390.625 Determination of Need Screening and Request for Criminal History Record Information

Section

390.625  Determination of Need Screening and Request for Criminal History

Record Information

a)

All persons age 18 or older seeking

admission to a facility must be screened to determine the need for 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 89 Ill. Adm. Code 140.642(c) is met.

b)

Any person who seeks to become eligible

for medical assistance from the Medical Assistance Program under the Illinois

Public Aid Code to pay for services while residing in a facility

shall

be screened prior to receiving those benefits

in accordance with 89 Ill.

Adm. Code 140.642.  (Section 2-201.5(a) of the Act)

c)

Screening for facility services shall be

administered through procedures established

pursuant to 89 Ill. Adm. Code

140.642 (Section 2-201.5(a) of the Act)

1)

Any screening shall also include an

evaluation of whether there are residential supports and services or an array

of community services that would enable the person to live in the community.

2)

The person shall be told about the

existence of any such services that would enable the person to live safely and

humanely in the least restrictive environment, that is appropriate, that the

individual or guardian chooses, and the person shall be given the assistance

necessary to avail himself or herself of any available services.

(Section

2-201.5(a-1) of the Act)

d)

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 age 18 or older seeking admission to the facility. Background checks

conducted pursuant to

the Act and

this Section shall be based on the

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

Department of State Police

thin 24

hours after admission

of a resident,

request a criminal history

background check pursuant to the Uniform Conviction Information Act for all

persons age 18 or older seeking admission to the facility. Background checks

conducted pursuant to

the Act and

this Section 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)

e)         The facility shall check for the

individual's name on the Illinois State Police Sex Offender Registry website at

https://isp.illinois.gov/Sor, the Illinois Department of Corrections Parolee

Sex Offender Registrant website at https://www2.illinois.gov/idoc/Offender/Pages/ParoleeSexRegistrantSearch.aspx,

and the National Sex Offender Public Website at www.nsopw.gov/en/Search/Results

to determine if the individual is listed as a registered sex offender.

f)

If the results of the background check

are inconclusive, the facility shall initiate a fingerprint-based check, unless

the fingerprint-based 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)

g)         The facility shall arrange for a

fingerprint-based background check or request a waiver from the Department

within five 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

and criteria included in subsection (f),

shall

be valid only while the resident is immobile or while the criteria supporting

the waiver exist

clusive 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

and criteria included in subsection (f),

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. 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 wavier 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 while the Identified Offender Report and Recommendation is pending.