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Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code

Illinoisprimary-regulationIllinois Department of Public Health (IDPH)· effective 2004-10-15

What this rule requires your agency to do

  • 1Educational entities and health care employers must conduct internet searches of the Illinois Sex Offender Registry, DOC sex-offender/inmate/fugitive search engines, the National Sex Offender Public Registry, and the HHS OIG website to determine sex-offender status, prior incarceration, or Medicare/Medicaid fraud (Section 955.165(c)).(Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code)
  • 2An individual convicted of any offense listed in Section 955.160 (disqualifying offenses — homicide, kidnapping, sex offenses, battery, abuse/neglect of an elderly/disabled/LTC resident, financial exploitation, theft, forgery, robbery, etc.) may not be hired or retained in a direct-care position unless a waiver is obtained (Sections 955.160 and 955.180(c)).(Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code)
  • 3If the individual has not had a background check or is not active on the Health Care Worker Registry, the health care employer must initiate a fingerprint-based criminal history records check (Section 955.165(b)).(Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code)
  • 4Health care employers must check the Health Care Worker Registry before hiring an employee to determine whether a fingerprint-based check has previously been conducted and whether the individual is active on the Registry (Section 955.165(a)).(Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code)
  • 5If an employer is later notified that a previously-cleared employee has a new disqualifying conviction, the employee must be terminated (unless a waiver is obtained) (Section 955.190(a)(7)).(Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code)
  • 6When initiating a background check, the employer must electronically submit the individual's SSN, demographics, disclosure, and authorization to IDPH within 2 working days after authorization is secured; the individual must have fingerprints collected and transmitted to Illinois State Police within 10 working days after signing the authorization (Section 955.165(h) and (i)).(Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code)
  • 7The employer must notify the student/applicant/employee of the fingerprint-based check, the right to obtain and challenge the criminal records report, the right to request a waiver, and the consequences (non-hire or termination) of a disqualifying conviction (Section 955.190(a)).(Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code)
  • 8The health care employer must retain on file for 5 years records of criminal-records requests, disclosure/authorization forms, livescan request forms, notifications, and any waiver for the duration of employment; a $500 fine is imposed for failure to maintain these records (Section 955.220(a)).(Illinois Administrative Code, Title 77, Part 955 — Health Care Worker Background Check Code)

Applies to: All "health care employers" as defined by the Health Care Worker Background Check Act — including home health, home services, and home nursing agencies — and educational entities conducting nurse-aide/CNA training; applies to direct-care givers such as home health aides, CNAs, and personal-care/home services workers.

Implements the Health Care Worker Background Check Act [225 ILCS 46]. Requires health care employers (expressly including home health/home services/home nursing agencies via 77 Ill. Adm. Code 245.72) to check the Health Care Worker Registry and initiate fingerprint-based criminal history records checks before employing direct-care workers, defines disqualifying offenses, and mandates termination of workers with disqualifying convictions absent a waiver.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.