Illinois Nursing Home Care Act Amended As Related To Background Checks

The Illinois Nursing Home Care Act has been amended. The new law changes the requirements of nursing home facilities when they transfer residents. The amendment allows for exceptions to the requirement that nursing home facilities shall request a criminal background check on people admitted to a facility within 24 hours of admission when the transferring resident is either (i) immobile or (ii) moving into hospice.

These exceptions are applicable only if a background check was completed by the resident’s prior facility and the resident was transferred to the current facility with no time passing in which the resident was not institutionalized.

If either exception is applicable, the prior facility shall provide the facility to which the resident is being transferred with a copy of its background check of the resident and all supporting documentation, including, when applicable, the criminal history report and the security assessment.

This amendment is a sensible adjustment to the Illinois Nursing Home Care Act. Pub. Act 099-0453 (eff. Aug. 24, 2015) (adding 210 ILCS 45/2-201.5).

Kreisman Law Offices has been handling nursing home abuse cases, long-term facility negligence cases and assisted living abused cases for individuals and families for more than 40 years in and around Chicago, Cook County and surrounding counties and communities including Libertyville, Schaumburg, Schiller Park, Tinley Park, Palos Park, River Forest, Oak Lawn, Bridgeview, Maywood, Melrose Park, Chicago (Wicker Park, Near North, Chinatown, Hyde Park, Pullman, Little Italy), Waukegan, Lake Bluff, Gurnee and Prospect Heights, Ill.

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