Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.615 - Determination of Need Screening and Request for Resident Criminal History Record Information

Current through Register Vol. 48, No. 28, July 12, 2024
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.
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. (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 toSection
				2-201.5(b) of the Act shall be valid only whilethe 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 physicalhardship 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.