Ill. Admin. Code tit. 89, § 686.1730 - Non-waivable Convictions
a) If the
screening under Subsection
686.1710(a)
indicates a potential felony criminal conviction for any of the crimes listed
in this Section, the State shall notify the Individual Provider and Customer of
the background screening result and give the Individual Provider the
opportunity to dispute the screening results and submit additional information
as stated in Section 686.1740.
1) Conviction of theft or fraud from a
government-funded program.
2)
Having been excluded from participation in Medicaid (federal or State) or
Medicare programs, or from a similar program in another state, as reflected in
sanction/exclusion databases.
3) A
substantiated verified record of abuse, neglect, or exploitation of an adult as
determined by the Department on Aging pursuant to the Adult Protective Services
(APS) Act [320 ILCS 20], resulting in placement on the APS registry and a
waiver of such placement has not been granted.
4) All forms of intentional homicide,
including but not limited to, solicitation of murder, solicitation of murder
for hire, first degree murder, second degree murder.
5) All sexual crimes, including but not
limited to, criminal sexual assault, criminal sexual abuse, sexual exploitation
of a child, and sexual misconduct with a person with a disability.
6) Aggravated crimes involving bodily harm,
including but not limited to, aggravated battery, aggravated battery of a
senior citizen, aggravated battery of a child, aggravated domestic battery,
provided that less than 10 years have passed since the date of the conviction
or end of incarceration, whichever is later.
7) Conviction of abuse, neglect, or
exploitation of a child.
b) If the screening under Section
686.1710(a)
indicates a potential felony criminal conviction for any of the crimes listed
in this section and are verified through the processes stated in Section
686.1740(a),
any defunding, termination, or denial of enrollment of an Individual Provider
by the State will not be subject to the Customer waiver process described in
Section 686.1720(b),
but may be appealed through the Illinois Department of Healthcare and Family
Services Administrative Hearing process as outlined in 89 Ill. Adm. Code 104,
if applicable.
Notes
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