Current through Register Vol. 48, No. 12, March 22, 2024
a) The
Department will establish and maintain a Health Care Worker Registry of
unlicensed individuals and employees who:
1)
Are employed or retained by a health care employer as home health care
aides, nurse aides, certified nursing assistants, personal
care assistants, private duty nurse aides, day training personnel, or an
individual working in any similar health-related occupation where he or she
provides direct care (e.g., resident attendants, child
care/habilitation aides/developmental disabilities aides, and psychiatric
rehabilitation services aides), or in positions where they
have access to long-term care residents or the living quarters or
financial, medical, or personal records of long-term care residents;
(Section 10 of the Act)
2)
Have satisfactorily completed the training required by Section 3-206 of
the Nursing Home Care Act, Section 3-206 of the MC/DD Act, or Section 3-206 of
the ID/DD Community Care Act; (Section 26 of the Act) or
3)
Have begun a current course of
training as set forth in Section 3-206 of the Nursing Home Care Act, Section
3-206 of the MC/DD Act, or Section 3-206 of the ID/DD Community Care
Act. (Section 26 of the Act)
b)
Any individual or
employee placed on the Health Care Worker Registry is required to
inform the Department of any change of address within 30 days after the
effective date of the change of address. (Section 26 of the
Act)
c)
The Health Care
Worker Registry will include the information contained in the registries
established under Section 3-206.01 of the Nursing Home Care Act, Section
3-206.01 of the MC/DD Act, and Section 3-206.01 of the ID/DD Community Care
Act. (Section 26 of the Act)
d) The Health Care Worker Registry
will document criminal history records check results pursuant to the
requirements of the Act and this Part. (Section 28(c) of the
Act)
e)
The Health Care
Worker Registry maintained by the Department exclusive to health care
employers, staffing agencies, workforce intermediaries, organizations
that provide pro bono legal services, and educational entities will
clearly indicate whether an individual is eligible for employment and will
include the following:
1)
The
individual's name;
2)
His or her current address;
3)
Social Security number or federal
taxpayer identification number;
4)
The date and location of the
training course completed by the individual; (Section 26 of the
Act)
5)
Information
identifying where an individual received his or her clinical training;
(Section 3-206(a)(5) of the Nursing Home Care Act)
6)
Whether the individual has any of
the disqualifying convictions listed in Section 25 of the Health Care Worker
Background Check Act from the date of the training course completed by the
individual;
7)
The
date of the individual's last criminal records check; (Section 26 of
the Act)
8) Whether the individual
has any findings as reported by the Inspector General of the Department
of Human Services, under subsection (s) of Section 1-17 of the
Department of Human Services Act; (Section 27(g) of the Act)
9)
Whether the individual has a
waiver pending under Section 40 of the Health Care Worker Background Check
Act (Section 3-206.01(a-5)(1) of the Nursing Home Care Act), and
the following language:
"A waiver granted by the Department of Public Health is
a determination that the individual is eligible to work in a health care
facility. The Equal Employment Opportunity Commission provides guidance about
federal law regarding hiring of individuals with criminal records."
(Section 3-206.01(a-5)(2) of the Nursing Home Care Act);
and
10)
A link to Equal Employment Opportunity Commission guidance regarding
hiring of individuals with criminal records. (Section 3-206.01(a-5)(3)
of the Nursing Home Care Act)
f)
The publicly accessible
version of the Health Care Worker Registry will:
1)
Report that an individual is
ineligible to work, if he or she has a disqualifying offense under Section 25
of the Health Care Worker Background Check Act and has not received a waiver
under Section 40 of the Act;
2)
Report that an individual is
eligible to work, if the individual has received a waiver for
one or more disqualifying offenses under Section 40 of the Act and he or she is
otherwise eligible to work. The publicly accessible Health Care Worker
Registry shall not report information regarding the granting
or denial of a waiver; (Section 3-206.01(a-10) of the Nursing
Home Care Act)
3) Include findings
as reported by the Department that an employee, or former employee, has
been guilty of abuse or neglect of a resident or misappropriation of resident
property or whether the Department has made any other
applicable finding as set forth in this Part, including the
employee's, or former employee's, statement relating to the finding or
a clear and accurate summary of the statement; (Section 27(f) of the
Act) and
4) Include
findings as reported by the Inspector General of the Department of
Human Services, under subsection (s) of Section 1-17 of the Department of Human
Services Act. (Section 27(g) of the Act)