This agreement is signed annually by Providers and requires agencies serving people with developmental disabilities to:
Providers must certify compliance with all requirements and regulations issued pursuant to the Illinois Health Care Worker Background Check Act. The law requires Providers to terminate employees found to have:
Providers must certify compliance with all requirements and regulations issued pursuant to the Abused and Neglected Child Reporting Act.
The Illinois Health Care Worker Background Check Act (225 ILCS 46) requires employees of health care providers and others identified in the Act to have fingerprint criminal background checks collected through IDPH-approved livescan vendors with the results reported electronically to the Illinois Health Care Worker Registry (HCWR). All new hires must have fingerprint criminal background checks completed using the IDPH Web Portal once IDPH authorizes Provider access to that portal. Providers are required by the Illinois Health Care Worker Background Check Act to immediately request access to the IDPH Web Portal. The Act prohibits health care providers from employing people that have a disqualifying criminal conviction unless IDPH grants a waiver of the conviction.
The Illinois Health Care Worker Background Check Act requires livescan vendors to report fingerprint background check results directly to the Health Care Worker Registry. Important: When selecting a vendor, Providers should first contact them to confirm they can provide timely fingerprint service to their area. Many livescan vendors offer mobile services to all areas of the state.
Request for IDPH Waiver of disqualifying convictions: Persons with criminal convictions may file a Health Care Waiver Application Form with IDPH to reinstate their eligibility for employment with Illinois health care providers.
Request for Removal of Substantiated Findings of Abuse, Neglect or Financial Exploitation: Persons with findings reported by the DHS Office of Inspector General (OIG) may request removal of their name from the Health Care Worker Registry by following the process described in Title 59, Chapter 1, Section 50.100 of the Mental Health and Developmental Disabilities Code.
The Illinois Health Care Worker Background Check Act requires providers to register for enrollment in the IDPH Web Portal and keep their agency's employment information current through the IDPH Web Portal. This web-based system allows health care providers to send employees to livescan vendors to be fingerprinted and have the results of the criminal background check reported electronically to the Health Care Worker Registry. If an employee is convicted of a disqualifying criminal offense after being fingerprinted through a livescan vendor, the Provider is notified immediately via email of the conviction.
Important: Persons employed continuously with a Provider since October 1, 2007 and have a name-based criminal background check (UCIA) reported on the Health Care Worker Registry do not need to have fingerprint criminal background checks performed until they change employers.
Providers must establish a schedule to ensure all annually required registry clearances are completed:
This clearance must be conducted at the time of hire and annually thereafter to confirm whether new hires or other employees have a criminal background check result reported to the HCWR. It will also confirm whether the person has a disqualifying criminal conviction, IDPH waiver for any disqualifying convictions, and/or any substantiated findings of abuse or neglect reported.
This clearance must be conducted at the time of hire and annual thereafter to confirm whether employees have a DCFS finding of abuse or neglect that disqualifies them from employment by developmental disabilities providers. DHS may grant employment waivers for these DCFS findings (see below). There are different registries and clearances required depending on the Provider's DCFS licensure status.
Request for DHS waiver of DCFS indicated findings: Procedures for requesting waivers of DCFS indicated findings are outlined in DHS Division of Developmental Disabilities' Information Bulletin DD 13.032.
This clearance must be conducted at the time of hire and annually thereafter. Each employee's name must be cleared on the online Illinois Sex Offender Registry to document the person does not have a record on this registry. Providers cannot hire individuals reported on this registry and must terminate current employee if reported. The results of all new hire and annual clearances of this registry must be documented in the employee's personnel or training record or in a location available for review by Department staff.
This registry clearance is used to document individuals or entities are not on the HFS OIG Sanctions List of terminated or suspended providers and barred entities and individuals. It is only conducted prior to employment of an individual or use of a subcontractor or licensed practitioner. Providers clear the person's name on the online HFS OIG web site. If an individual or entity is listed on the OIG Sanctions List, Providers must get approval from HFS to hire the individual or entity per its guidelines. The results of this clearance must be documented in the employee's personnel or training record or a location available for review by Department staff.
This clearance must be done at the time of hire and annually thereafter. The APS registry findings can be found on the portal view of the HCWR check, right below the individual's picture. The inquiry should be no more than 30 calendar days prior to the first day of employment and no later than the first day the employee is in paid status. The provider shall not utilize a staff person, contractor, or volunteer in any capacity until the provider has inquired of and received results from the Illinois Department on Aging's APS registry. Placement on the APS Registry prevents that individual from providing direct care if the position is regulated or paid with public funds. 320 ILCS 20/7.5 and Title 89, Illinois Administrative Code 270, Subpart E. At the time of the annual check, if a current employee's name has been placed on the Registry, the employee must be terminated. If the individual is appealing the decision they cannot work until they provide the division with the final administrative decision showing name removal. For purposes of annual checks, Providers must establish a schedule that results in completion of checks annually (approximately every 365 calendar days).
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