Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.625 - 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 facility is any 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
				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 Section
				140.642(c)
				of the rules of the Department of Healthcare and Family Services titled Medical
				Payment 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
active treatment
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 for facility services 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 of Human Services is responsible for the screening required in
				subsection (b) 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).
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 seeking admission to the facility. 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.illinois.gov/idoc/Pages/default.aspx
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 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. 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.