Illinois Healthcare Background Check
Illinois Mandatory Healthcare Background Check and Registry Clearances
Provider Compliance Areas
DHS Community Services Agreement, Attachment A
The agreement is signed every year by Providers. It requires agencies providing services to those with disabilities affecting their development to:
Employers with the Illinois State Police fingerprint criminal background check result reported to the Health Care Worker Registry (HCWR) that does not reveal any criminal convictions disqualifying them from employment if IDPH has granted a waiver of the conviction. Illinois Department of Public Health (IDPH).
Perform required Registry clearings (see further below) on all staff upon hiring and as needed annually after that. The provider must create a plan to ensure that all necessary registry clearances get done on time.
Follow the employment restrictions following the results of criminal background checks or results on registry cleared.
Documentation of illinois criminal healthcare background check results and all registry clearances (at the time of hiring and every year) within the personnel record or in a place accessible to Department personnel.
Health Care Worker Background Check Act (225 ILCS 46)
Providers must prove that they have met all regulations and requirements issued following the Illinois Health Care Worker Background Check Act. The law requires providers to terminate employees who possess:
- Not allowing criminal convictions to be retracted in the absence of an authorization given by IDPH or
- Evidence-based findings of sexual or physical infliction, neglect, or financial exploitation
- There were indications of neglect or abuse that was reported by the Central Register of the DCFS and the Child Abuse and Neglect Tracking System (CANTS) absent a waiver issued by DHS or
- Their name appears as a member of their HFS Office of the Inspector General Sanction List in the absence of employment authorization unless HFS authorizes their employment.
Child Abuse and Neglected reporting Act (325 ILCS 5/1)
Providers must confirm that they comply with all rules and regulations enacted according to the Abused and Neglected Child Reporting Act.
Specific Conformity Requirements
Conduct Background checks on criminals
The Illinois Health Care Worker Background Check Act (225 ILCS 46) requires employees of health care professionals and other individuals identified in the Act to undergo the fingerprints of criminal background check done by IDPH-approved live scan vendors, with the results being electronically reported for the Illinois Health Care Worker Registry (HCWR). All new hires must undergo fingerprint criminal background checks conducted through IDPH's IDPH web Portal when IDPH allows access for Providers to this portal. Providers are required under The Illinois Health Care Worker Background Check Act to request acces to IDPH's IDPH Web Portal immediately. The Act restricts health care providers from employing individuals with disqualifying convictions for criminal offenses unless IDPH gives an exoneration from the conviction.
The Illinois Health Care Worker Background Check Act requires vendors using livescans to submit the fingerprint background check results directly to the Health Care Worker Registry. It is important to note: If you are choosing a provider, the provider must first call them to ensure they can offer timely fingerprint services in their region. Many vendors of livescan offer mobile services to all regions of the state.
Health care providers initiate background checks via the Health Care Worker Registry as life scan requests. IDPH has a range of lifespan vendors licensed to conduct these background checks based on fingerprints. If the healthcare provider completes the fingerprint form, the names of all authorized vendors will be displayed in the document.
For IDPH Waiver of convictions that disqualify you from Criminal employment convictions: Those who have been convicted of a crime could complete a health care Waiver application form together with IDPH to regain their eligibility to work with Illinois healthcare providers.
Request to Removing Evidence-based findings of Neglect, Abuse or Financial Exploitation: Those who have been notified to OIG of the DHS Office of Inspector General (OIG) can request the removal of their names off the Health Care Worker Registry by following the procedure described in Title 59, Chapter 1 Section 50.100 of the Mental Health and Developmental Disabilities Code.
Join using the IDPH Web Portal
The Illinois Health Care Worker Background Check Act requires employers to enroll on the IDPH Web Portal and keep their employment records current using the IDPH Web Portal. The web-based system permits health care providers to send their employees to a vendor who will be fingerprinted and to have their results from the background check reported electronically to the Health Care Worker Registry. When an employee has been found guilty of a criminal offense that disqualifies them after being fingerprinted by a vendor who can provide livescans, the provider is informed immediately by email of the verdict.
For providers who are authorized to use this IDPH Web Portal, all new employees must undergo a fingerprint criminal background check performed and reported to the Health Care Worker Registry.
To gain access to IDPH Web Portal, immediately reach out to DPH by calling: IDPH Web Portal.
Inability to log in to the IDPH Web Portal could subject providers to fines and penalties imposed by IDPH and administrative sanctions issued by the DHS Division of Developmental Disabilities. DHS Division of Developmental Disabilities.
Until IDPH permits access to its website and IDPH authorizes access to its web portal, providers may conduct names-based (UCIA) Criminal background checks and submit the results either by fax or mail direct to IDPH's Health Care Worker Registry. In addition, providers may request a UCIA names-based background check through the Illinois State Police website.
Note: Individuals employed indefinitely by a Provider after October 1, 2007, and subject to the name-based background check (UCIA) background check (UCIA) reported on the Health Care Worker Registry do not require fingerprint criminal background checks done until they switch employers.
Conduct New Hires and annual Registry Clearances for employees
Providers are required to create a calendar to ensure that all annually required registration clearances are in order:
- At the time of the date of hire for the employee,
- When the employee's annual performance assessment is due,
- On a different schedule, which ensures an annual timeframe for completion.
Health Care Worker Registry (HCWR) Clearance
This check must be done at the time of hiring and every year after that to verify whether new hires or any other employees have an arrest or police background check result reported to the HCWR. It also confirms that the individual has a criminal conviction that disqualifies them, IDPH waiver for any disqualifying convictions, or any evidence-based findings of abuse or neglect that have been reported.
If the criminal background check results are not listed to the HCWR for employees, they must get a fingerprint criminal background check result using a livescan vendor that IDPH approves. A form for livescans is downloaded through IDPH's IDPH Web Portal. It is required to be brought at the time of hire by employees to IDPH-approved vendors for a finger scan in the first ten days of hire. The vendor that livescans fingerprints directly to Illinois State Police for a criminal background check. Its results from the background check are reported by the Illinois State Police directly to the HCWR and then posted as a FEE_APP on the individual's HCWR record. When a FEE_APP is added to the HCWR, the police background check never has to be conducted again for the person.
If the wording "CAAPP" is found on the individual's HCWR record, it is an administrative code that IDPH enters. It signifies a "wrap-back" result linked to the fingerprint of the person (FEE_APP) criminal background check. It is the same as an acceptable fingerprint (FEE_APP) result. It could indicate an occurrence of criminal activity that has not been reported before, changes in the waiver status, or an IDPH correction to an existing record. For example, suppose the Providers notice a CAAPP indication for employees. In that case, they should go to the IDPH Web Portal to verify that the record does not indicate a "red flag" that indicates a conviction that is disqualifying.
UCIA background checks that are based on names can be used up to 1 (1) year after the date they were completed.
People who have been employed by the same employer from October 1, 2007, and who have the UCIA fingerprint or name-based background check reported on the HCWR are not required to have a fingerprint (FEE_APP) criminal background check until they are hired by a different company that is covered by the Illinois Health Care Worker Background Check Act.
DCFS State Central Register/Child Abuse and Neglect Tracking System (CANTS) or Statewide Automated Child Welfare Information System (SACWIS) Clearance
This check must be done before hiring and annually thereafter to verify whether the employee has a DCFS finding of neglect or abuse, which disqualifies them from being employed by the developmental disabilities provider. DHS can grant waivers to employment in the event of the above DCFS conclusions (see further below). In addition, there are various registries and clearances needed based on the provider's DCFS license status.
For Providers that are not authorized through DCFS: Each employee's name has to be cleared by the DCFS CANTS system to verify that the individual has no record in this registry. Providers need to request clearances in the form of a letter to DCFS by filing CFS Form 689 at the time of hiring and every year after that. Employees are permitted to remain in employment until the approval of the clearance results.
For Child Care facilities that are licensed with DCFS: Instead of the CANTS procedure, providers must submit background clearances to the Statewide Automated Child Welfare Information System (SACWIS). The clearance is sent to DCFS via the form CFS 718-B. After the provider has documented within their files that the employee has been screened by SACWIS annually, clearances for the year need not be made. The SACWIS will automatically notify Providers of any future DCFS violations or neglect findings in that the health worker's registry's wrap-back feature alerts Providers if the employee has a disqualifying infraction. The SACWIS check isn't an official DHS-approved substitute for the additional background check or registry clearances. It is only CANTS. The provider must complete all other background checks and clearances at the moment of hiring and every year after that.
If DCFS has a credible finding of neglect or abuse against employees, the period of disqualification will be noted on the report form that the provider returns. The severity of the report determines the duration of the disqualification. DCFS guidelines for disqualifying convictions and instances of neglect or abuse are provided within Section 385 in Title 89 of the Illinois Administrative Code.
The provider should not hire anyone who has evidence-based proof of neglect or abuse if the disqualification period has not been completed unless the department has approved a finding waiver of Human Services.
A request of DHS the waiver DCFS identified findings: Procedures for requesting waivers from DCFS identified findings are described within DHS Division of Developmental Disabilities Information Bulletin DD 13.032.
Illinois Sex Offender Registry Removal
This process should be carried out before hiring and each year. Each employee's name must be verified on the Illinois Sex Offender Registry to verify that the individual has no record in this registry. Employers cannot hire people identified on the registry and should terminate an employee who is reported. The outcomes of every new hire and annual clearances on the registry must be documented in the employee's personal or training record or in a place accessible for review by Department personnel.
Healthcare and Family Services (HFS) Office of Inspector General (OIG) Sanctions List Clearances
This registry clearance aims to verify that individuals or organizations who are not listed in the HFS OIG Sanctions List of providers have been suspended or terminated and barred individuals and entities. This clearance is conducted before the employment by an individual or the usage of the services of a licensed practitioner or subcontractor. Providers should clear the name of the person on the HFS OIG website. If an entity or individual is on the OIG Sanctions List, Providers require the approval of HFS to employ the person or entity following its rules. The outcome of this clearance needs to be recorded on the employees' personnel file or training record or in a place accessible to Department personnel.
Provider Responsibilities to DSPs for Hiring
Refusal of Delayed for the Meeting HCWR requirements for training
Adult Protective Services Registry
This check must be taken before the hire date and then every year. The APS registry results are available in the web-based image of an HCWR check, which is located below the picture of the employee. The inquiry must be submitted no more than 30 calendar days before the start of the employee's employment and must be completed by the day on which the employee is paid. The provider should not use any staff member, contractor, or volunteer until they have requested and received information from the Department of Aging in Illinois's APS registry. Including the APS Registry prevents that individual from providing direct care when the position is subject to regulation or funded by public funds. The 320 ILCS 20/7.5 and Title 89, Illinois Administrative Code 270 Subpart E. When it comes time to write the annual paycheck, if the name of an employee in current employment is listed on the registry, then the employee will be dismissed. If the employee contests the decision, they are not allowed to work until they have provided the department with the definitive administrative ruling with proof of removal of the name. For annual checks, Providers must create an annual schedule that will result in each year's check being processed (approximately every calendar day).
Updated on 2022-11-04 19:33:49 by larry coleman