Ill. Admin. Code tit. 77, § 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. (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. (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.
Notes
Repealed at 31 Ill. Reg. 6145, effective April 3, 2007
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