HB 2531

Abstract

Amends the Health Care Worker Background Check Act to include all employees of licensed and certified long-term care facilities who have or may have contact with residents or have access to the living quarters or the financial, medical, or personal records of residents. Provides that beginning January 1, 2006, each long-term care facility operating in the State must initiate, or have initiated on its behalf, a UCIA criminal history record check for all employees with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents. Provides that a health care employer may conditionally employ an applicant for up to 3 months pending the results of a UCIA criminal history record check (now, a health care employer may conditionally employ the applicant to provide direct care for up to 3 months pending the results of the check). Provides that an individual shall not be employed from the time that an employer receives the results of a non-fingerprint check containing disqualifying conditions until the time that the individual receives a waiver from the Department (now, an individual shall not be employed in a direct care position from that time until he or she receives the waiver). Provides that if the individual challenges the results of the non-fingerprint check, the employer may continue to employ the individual if the individual presents convincing evidence to the employer that the non-fingerprint check is invalid (now, the employer may continue to employ the individual in a direct care position if the individual presents convincing evidence that the non-fingerprint check is invalid).