Does the Illinois Heath Care worker Background Check Act apply to employees of a CCRC (continous Care Retirement Center)?
Country relating to Question: United States
State (if USA): Illinois
I've read the law myself.
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Thanks. This will be a quick one for someone who knows this law.
Hello there --
If the level of care that is delivered to the residents of the retirement center seems that of any type of home health aid that has access to the living quarters of the disabled or sick person, then the Act is applicable and the facility can run the background check so that it is in compliance with the Illinois Heath Care worker Background Check Act. The key here in this statute is the access that the person / worker has to the living quarters of the patient (disabled, elderly, etc).
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A CCRC is a community which is part independent living (well elderly), part assisted living (still independent elderly) and part skill nursing facility (unwell elderly). The living quarters are taken care of by the staff and all of the residents have central eating, workout, shared central living areas. Are all staff -- not just the nursing staff -- subject to the Act?
Hello again --
Yes, the interpretation is that pretty much every staff member who has access or who may have access to the living quarters and/or the financial information of the disabled/elderly person are subject to the Act. This is not limited to the nursing staff -- this can be home health aids or pharmacists and therapists who have contact with or may visit the home - right down to the janitor who has contact with a resident in the common areas of a facility on a daily basis. The relevant portion of the statute (Section 10) is as follows:
(225 ILCS 46/10) Sec. 10. Applicability. "This Act applies to all individuals employed or retained by a health care employer as home health care aides, nurse aides, 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 or has access to long-term care residents or the living quarters or financial, medical, or personal records of long-term care residents. This Act also applies to all employees of licensed or certified long-term care facilities who have or may have contact with residents or access to the living quarters or the financial, medical, or personal records of residents. " (Source: P.A. 94-665, eff. 1-1-06.)
The rules of statutory construction hold that a party interpreting a statute (including courts and judges) are to take the plain meaning of a statute and apply it in that manner and this pretty much covers all or just about all of the employees of such a facility.
I hope that helps.
Please let me know if you have any further questions -- if not can you please press the THIRD, FOURTH or FIFTH smile or star below so that I will be paid for my time. I am paid nothing unless you press the 3rd face or star OR the 4th face or star OR the 5th face or star below. This is not a hobby for me -- it is how I earn a living so I appreciate it when my customers press the correct button below so I will be paid for my time. THANK YOU !!
15 years exp all aspects of general law
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