Ill. Admin. Code tit. 89, § 140.498 - Fingerprint-Based Criminal Background Checks
a) Vendors who pose a risk of fraud, waste,
abuse or harm, as defined in Section
140.13, and
applicants of the Medical Assistance Program shall submit to a
fingerprint-based criminal background check on current and future information
available in the State system for criminal background checks, and current
information available through the Federal Bureau of Investigation's fingerprint
system, by submitting all necessary fees and information in the form and manner
prescribed by the Illinois State Police. New vendor applicants must submit to
fingerprint-based criminal background checks within 30 days after the
submission of the application. When the Department initiates a re-enrollment of
all classes of vendors pursuant to Section
140.11(e),
the Department may require the vendors to re-submit to fingerprint-based
criminal background checks as provided in this Section. Fingerprint-based
criminal background checks requested pursuant to Section
140.11(e)
must be submitted within 60 days after the submission of the updated enrollment
information. Vendors shall be responsible for the payment of the costs of
fingerprint-based criminal background checks.
b) The following individuals shall be subject
to the fingerprint-based background check:
1)
In the case of a vendor that is a corporation, all officers and individuals
owning, directly or indirectly, five percent or more of the shares of stock or
other evidence of ownership in a corporate vendor.
2) In the case of a vendor that is a
partnership, every partner.
3) In
the case of a vendor that is a sole proprietorship, the sole
proprietor.
4) Each officer and
each individual with management responsibility of the vendor.
c) All individuals required to
submit to a fingerprint-based criminal background check must submit their
fingerprints to a fingerprint vendor approved by the Illinois State Police. The
Department shall provide a list of all approved fingerprint vendors.
d) Within 30 days after any individual
identified in subsection (b) acquiring an ownership interest, pursuant to
subsection (b)(1), (b)(2) or (b)(3), or assuming management responsibility,
pursuant to subsection (b)(4), the vendor must notify the Department of the
change and the individual must submit to a fingerprint-based criminal
background check within 30 days after notification.
e) The failure of any individual identified
in subsection (b) to submit to a fingerprint-based criminal background check,
as provided for in this Section, or to provide notification as required in
subsection (d), will result in the denial of an application or re-application
(pursuant to Section
140.11(e)
) to participate in the Medical Assistance Program or may result in
disenrollment, termination or suspension of an enrolled vendor.
f) This Section does not apply to:
1) Vendors owned or operated by government
agencies; and
2) Private
automobiles.
Notes
Amended at 37 Ill. Reg. 10282, effective June 27, 2013
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