Sen. Karina Villa

Filed: 4/4/2025

 

 


 

 


 
10400SB2434sam001LRB104 11251 BAB 24936 a

1
AMENDMENT TO SENATE BILL 2434

2    AMENDMENT NO. ______. Amend Senate Bill 2434 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Certified Family Health Aide Program for Children and Adults
6Act.
 
7    Section 5. Purpose. The purpose of this Act is to create
8the certified family health aide designation.
 
9    Section 10. Definition. As used in this Act, "certified
10family health aide" means a person who:
11        (1) is 18 years of age or older;
12        (2) has the following relationship with the family
13    member receiving or who is eligible to receive the
14    services enumerated in this Section:
15            (i) spouse;

 

 

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1            (ii) sibling or stepsibling;
2            (iii) parent, stepparent, or adoptive parent;
3            (iv) grandparent;
4            (v) mother-in-law or father-in-law;
5            (vi) brother-in-law or sister-in-law;
6            (vii) legal guardian; or
7            (viii) caregiver designated by the legally
8        responsible caregiver;
9        (3) is a legally responsible caregiver, or has been
10    designated by a legally responsible caregiver, for a
11    person who receives or is eligible to receive:
12            (i) in-home shift nursing services under the Early
13        and Periodic Screening, Diagnostic and Treatment
14        requirement of Medicaid under 42 U.S.C. 1396d(r); or
15            (ii) in-home shift nursing through the home and
16        community-based services waiver program authorized
17        under Section 1915(c) of the Social Security Act for
18        persons who are medically fragile and technology
19        dependent; and
20        (4) is certified pursuant to this Section to perform
21    or to assist in performance of (1) in-home shift nursing
22    services under the Early and Periodic Screening,
23    Diagnostic and Treatment requirement of Medicaid under 42
24    U.S.C. 1396d(r); or (2) in-home shift nursing services
25    through the home and community-based services waiver
26    program authorized under Section 1915(c) of the Social

 

 

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1    Security Act for a designated person or designated persons
2    who are medically fragile and technology dependent and
3    eligible to receive the services laid out in this Section,
4    including:
5            (i) the same tasks as a certified nursing
6        assistant;
7            (ii) medication administration;
8            (iii) enteral care and therapy; and
9            (iv) other needed services to support the
10        individual as provided by rule.
 
11    Section 15. Certified family health aide program for
12children and adults.
13    (a) The Department of Public Health, in partnership with
14the Department of Healthcare and Family Services, shall create
15a certification pathway for a legally responsible caregiver,
16or a person who has been designated by a legally responsible
17caregiver, who is seeking certification as a certified family
18health aide, including the adoption of any necessary rules for
19the certification process. This certification pathway shall
20include documentation, in a manner designated by the
21Department of Public Health, of initial training provided by
22hospitals licensed in the Hospital Licensing Act, children's
23community-based health care centers as defined in the
24Alternative Health Care Delivery Act, or home nursing agencies
25as defined in the Home Health, Home Services, and Home Nursing

 

 

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1Agency Licensing Act.
2    (b) A certified family health aide may only perform
3services to and for a person receiving or eligible to receive:
4        (1) in-home shift nursing services under the Early and
5    Periodic Screening, Diagnostic and Treatment benefit
6    requirement of Medicaid under 42 U.S.C. 1396d(r); or
7        (2) in-home shift nursing services through the home
8    and community-based services waiver program authorized
9    under Section 1915(c) of the Social Security Act for
10    persons who are medically fragile and technology
11    dependent.
12    To be eligible for reimbursement as a certified family
13health aide, a legally responsible caregiver or a person
14designated by a legally responsible caregiver must meet all
15certification requirements as set forth in this Section, in
16Section 5-2.06b of the Illinois Public Aid Code, and in any
17applicable administrative rule.
18    (d) The Department of Public Health, in consultation with
19the Department of Healthcare and Family Services, may adopt
20rules necessary to implement the provisions of this Act,
21including, but not limited to, rules requiring background
22checks for the certified family health aide, establishing the
23scope of services a certified family health aide can perform,
24and establishing any utilization controls of services
25performed by a certified family health aide.
 

 

 

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1    Section 100. The Alternative Health Care Delivery Act is
2amended by changing Section 35 as follows:
 
3    (210 ILCS 3/35)
4    Sec. 35. Alternative health care models authorized.
5Notwithstanding any other law to the contrary, alternative
6health care models described in this Section may be
7established on a demonstration basis.
8        (1) (Blank).
9        (2) Alternative health care delivery model;
10    postsurgical recovery care center. A postsurgical recovery
11    care center is a designated site which provides
12    postsurgical recovery care for generally healthy patients
13    undergoing surgical procedures that potentially require
14    overnight nursing care, pain control, or observation that
15    would otherwise be provided in an inpatient setting.
16    Patients may be discharged from the postsurgical recovery
17    care center in less than 24 hours if the attending
18    physician or the facility's medical director believes the
19    patient has recovered enough to be discharged. A
20    postsurgical recovery care center is either freestanding
21    or a defined unit of an ambulatory surgical treatment
22    center or hospital. No facility, or portion of a facility,
23    may participate in a demonstration program as a
24    postsurgical recovery care center unless the facility has
25    been licensed as an ambulatory surgical treatment center

 

 

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1    or hospital for at least 2 years before August 20, 1993
2    (the effective date of Public Act 88-441). The maximum
3    length of stay for patients in a postsurgical recovery
4    care center is not to exceed 48 hours unless the treating
5    physician requests an extension of time from the recovery
6    center's medical director on the basis of medical or
7    clinical documentation that an additional care period is
8    required for the recovery of a patient and the medical
9    director approves the extension of time. In no case,
10    however, shall a patient's length of stay in a
11    postsurgical recovery care center be longer than 72 hours.
12    If a patient requires an additional care period after the
13    expiration of the 72-hour limit, the patient shall be
14    transferred to an appropriate facility. Reports on
15    variances from the 24-hour or 48-hour limit shall be sent
16    to the Department for its evaluation. The reports shall,
17    before submission to the Department, have removed from
18    them all patient and physician identifiers. Blood products
19    may be administered in the postsurgical recovery care
20    center model. In order to handle cases of complications,
21    emergencies, or exigent circumstances, every postsurgical
22    recovery care center as defined in this paragraph shall
23    maintain a contractual relationship, including a transfer
24    agreement, with a general acute care hospital. A
25    postsurgical recovery care center shall be no larger than
26    20 beds. A postsurgical recovery care center shall be

 

 

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1    located within 15 minutes travel time from the general
2    acute care hospital with which the center maintains a
3    contractual relationship, including a transfer agreement,
4    as required under this paragraph.
5        No postsurgical recovery care center shall
6    discriminate against any patient requiring treatment
7    because of the source of payment for services, including
8    Medicare and Medicaid recipients.
9        The Department shall adopt rules to implement the
10    provisions of Public Act 88-441 concerning postsurgical
11    recovery care centers within 9 months after August 20,
12    1993. Notwithstanding any other law to the contrary, a
13    postsurgical recovery care center model may provide sleep
14    laboratory or similar sleep studies in accordance with
15    applicable State and federal laws and regulations.
16        (3) Alternative health care delivery model; children's
17    community-based health care center. A children's
18    community-based health care center model is a designated
19    site that provides nursing care, clinical support
20    services, and therapies for a period of one to 14 days for
21    short-term stays and 120 days to facilitate transitions to
22    home or other appropriate settings for medically fragile
23    children, technology dependent children, and children with
24    special health care needs who are deemed clinically stable
25    by a physician and are younger than 22 years of age. This
26    care is to be provided in a home-like environment that

 

 

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1    serves no more than 12 children at a time, except that a
2    children's community-based health care center in existence
3    on the effective date of this amendatory Act of the 100th
4    General Assembly that is located in Chicago on grade level
5    for Life Safety Code purposes may provide care to no more
6    than 16 children at a time. Children's community-based
7    health care center services must be available through the
8    model to all families, including those whose care is paid
9    for through the Department of Healthcare and Family
10    Services, the Department of Children and Family Services,
11    the Department of Human Services, and insurance companies
12    who cover home health care services or private duty
13    nursing care in the home.
14        Each children's community-based health care center
15    model location shall be physically separate and apart from
16    any other facility licensed by the Department of Public
17    Health under this or any other Act and shall provide the
18    following services: respite care, registered nursing or
19    licensed practical nursing care, transitional care to
20    facilitate home placement or other appropriate settings
21    and reunite families, medical day care, weekend camps, and
22    diagnostic studies typically done in the home setting.
23        A children's community-based health care center shall
24    provide initial training, prior to home placement for, and
25    shall keep records in a manner designated by the
26    Department regarding, the certified family health aide, as

 

 

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1    defined in the Certified Family Health Aide Program for
2    Children and Adults Act, identified as the legally
3    responsible caregiver or designated by a legally
4    responsible caregiver for the medical care of an
5    individual who receives or is eligible to receive:
6            (i) in-home shift nursing services under the Early
7        and Periodic Screening, Diagnostic and Treatment
8        requirement of Medicaid under 42 U.S.C. 1396d(r); or
9            (ii) in-home shift nursing through the home and
10        community-based services waiver program authorized
11        under Section 1915(c) of the Social Security Act for
12        persons who are medically fragile and technology
13        dependent.
14        Coverage for the services provided by the Department
15    of Healthcare and Family Services under this paragraph (3)
16    is contingent upon federal waiver approval and is provided
17    only to Medicaid eligible clients participating in the
18    home and community based services waiver designated in
19    Section 1915(c) of the Social Security Act for medically
20    frail and technologically dependent children or children
21    in Department of Children and Family Services foster care
22    who receive home health benefits.
23        (4) Alternative health care delivery model; community
24    based residential rehabilitation center. A community-based
25    residential rehabilitation center model is a designated
26    site that provides rehabilitation or support, or both, for

 

 

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1    persons who have experienced severe brain injury, who are
2    medically stable, and who no longer require acute
3    rehabilitative care or intense medical or nursing
4    services. The average length of stay in a community-based
5    residential rehabilitation center shall not exceed 4
6    months. As an integral part of the services provided,
7    individuals are housed in a supervised living setting
8    while having immediate access to the community. The
9    residential rehabilitation center authorized by the
10    Department may have more than one residence included under
11    the license. A residence may be no larger than 12 beds and
12    shall be located as an integral part of the community. Day
13    treatment or individualized outpatient services shall be
14    provided for persons who reside in their own home.
15    Functional outcome goals shall be established for each
16    individual. Services shall include, but are not limited
17    to, case management, training and assistance with
18    activities of daily living, nursing consultation,
19    traditional therapies (physical, occupational, speech),
20    functional interventions in the residence and community
21    (job placement, shopping, banking, recreation),
22    counseling, self-management strategies, productive
23    activities, and multiple opportunities for skill
24    acquisition and practice throughout the day. The design of
25    individualized program plans shall be consistent with the
26    outcome goals that are established for each resident. The

 

 

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1    programs provided in this setting shall be accredited by
2    the Commission on Accreditation of Rehabilitation
3    Facilities (CARF). The program shall have been accredited
4    by CARF as a Brain Injury Community-Integrative Program
5    for at least 3 years.
6        (5) Alternative health care delivery model;
7    Alzheimer's disease management center. An Alzheimer's
8    disease management center model is a designated site that
9    provides a safe and secure setting for care of persons
10    diagnosed with Alzheimer's disease. An Alzheimer's disease
11    management center model shall be a facility separate from
12    any other facility licensed by the Department of Public
13    Health under this or any other Act. An Alzheimer's disease
14    management center shall conduct and document an assessment
15    of each resident every 6 months. The assessment shall
16    include an evaluation of daily functioning, cognitive
17    status, other medical conditions, and behavioral problems.
18    An Alzheimer's disease management center shall develop and
19    implement an ongoing treatment plan for each resident. The
20    treatment plan shall have defined goals. The Alzheimer's
21    disease management center shall treat behavioral problems
22    and mood disorders using nonpharmacologic approaches such
23    as environmental modification, task simplification, and
24    other appropriate activities. All staff must have
25    necessary training to care for all stages of Alzheimer's
26    Disease. An Alzheimer's disease management center shall

 

 

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1    provide education and support for residents and
2    caregivers. The education and support shall include
3    referrals to support organizations for educational
4    materials on community resources, support groups, legal
5    and financial issues, respite care, and future care needs
6    and options. The education and support shall also include
7    a discussion of the resident's need to make advance
8    directives and to identify surrogates for medical and
9    legal decision-making. The provisions of this paragraph
10    establish the minimum level of services that must be
11    provided by an Alzheimer's disease management center. An
12    Alzheimer's disease management center model shall have no
13    more than 100 residents. Nothing in this paragraph (5)
14    shall be construed as prohibiting a person or facility
15    from providing services and care to persons with
16    Alzheimer's disease as otherwise authorized under State
17    law.
18        (6) Alternative health care delivery model; birth
19    center. A birth center shall be exclusively dedicated to
20    serving the childbirth-related needs of women and their
21    newborns and shall have no more than 10 beds. A birth
22    center is a designated site that is away from the mother's
23    usual place of residence and in which births are planned
24    to occur following a normal, uncomplicated, and low-risk
25    pregnancy. A birth center shall offer prenatal care and
26    community education services and shall coordinate these

 

 

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1    services with other health care services available in the
2    community.
3            (A) A birth center shall not be separately
4        licensed if it is one of the following:
5                (1) A part of a hospital; or
6                (2) A freestanding facility that is physically
7            distinct from a hospital but is operated under a
8            license issued to a hospital under the Hospital
9            Licensing Act.
10            (B) A separate birth center license shall be
11        required if the birth center is operated as:
12                (1) A part of the operation of a federally
13            qualified health center as designated by the
14            United States Department of Health and Human
15            Services; or
16                (2) A facility other than one described in
17            subparagraph (A)(1), (A)(2), or (B)(1) of this
18            paragraph (6) whose costs are reimbursable under
19            Title XIX of the federal Social Security Act.
20        In adopting rules for birth centers, the Department
21    shall consider: the American Association of Birth Centers'
22    Standards for Freestanding Birth Centers; the American
23    Academy of Pediatrics/American College of Obstetricians
24    and Gynecologists Guidelines for Perinatal Care; and the
25    Regionalized Perinatal Health Care Code. The Department's
26    rules shall stipulate the eligibility criteria for birth

 

 

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1    center admission. The Department's rules shall stipulate
2    the necessary equipment for emergency care according to
3    the American Association of Birth Centers' standards and
4    any additional equipment deemed necessary by the
5    Department. The Department's rules shall provide for a
6    time period within which each birth center not part of a
7    hospital must become accredited by either the Commission
8    for the Accreditation of Freestanding Birth Centers or The
9    Joint Commission.
10        A birth center shall be certified to participate in
11    the Medicare and Medicaid programs under Titles XVIII and
12    XIX, respectively, of the federal Social Security Act. To
13    the extent necessary, the Illinois Department of
14    Healthcare and Family Services shall apply for a waiver
15    from the United States Health Care Financing
16    Administration to allow birth centers to be reimbursed
17    under Title XIX of the federal Social Security Act.
18        A birth center that is not operated under a hospital
19    license shall be located within a ground travel time
20    distance from the general acute care hospital with which
21    the birth center maintains a contractual relationship,
22    including a transfer agreement, as required under this
23    paragraph, that allows for an emergency caesarian delivery
24    to be started within 30 minutes of the decision a
25    caesarian delivery is necessary. A birth center operating
26    under a hospital license shall be located within a ground

 

 

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1    travel time distance from the licensed hospital that
2    allows for an emergency caesarian delivery to be started
3    within 30 minutes of the decision a caesarian delivery is
4    necessary.
5        The services of a medical director physician, licensed
6    to practice medicine in all its branches, who is certified
7    or eligible for certification by the American College of
8    Obstetricians and Gynecologists or the American Board of
9    Osteopathic Obstetricians and Gynecologists or has
10    hospital obstetrical privileges are required in birth
11    centers. The medical director in consultation with the
12    Director of Nursing and Midwifery Services shall
13    coordinate the clinical staff and overall provision of
14    patient care. The medical director or his or her physician
15    designee shall be available on the premises or within a
16    close proximity as defined by rule. The medical director
17    and the Director of Nursing and Midwifery Services shall
18    jointly develop and approve policies defining the criteria
19    to determine which pregnancies are accepted as normal,
20    uncomplicated, and low-risk, and the anesthesia services
21    available at the center. No general anesthesia may be
22    administered at the center.
23        If a birth center employs certified nurse midwives, a
24    certified nurse midwife shall be the Director of Nursing
25    and Midwifery Services who is responsible for the
26    development of policies and procedures for services as

 

 

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1    provided by Department rules.
2        An obstetrician, family practitioner, or certified
3    nurse midwife shall attend each woman in labor from the
4    time of admission through birth and throughout the
5    immediate postpartum period. Attendance may be delegated
6    only to another physician or certified nurse midwife.
7    Additionally, a second staff person shall also be present
8    at each birth who is licensed or certified in Illinois in a
9    health-related field and under the supervision of the
10    physician or certified nurse midwife in attendance, has
11    specialized training in labor and delivery techniques and
12    care of newborns, and receives planned and ongoing
13    training as needed to perform assigned duties effectively.
14        The maximum length of stay in a birth center shall be
15    consistent with existing State laws allowing a 48-hour
16    stay or appropriate post-delivery care, if discharged
17    earlier than 48 hours.
18        A birth center shall participate in the Illinois
19    Perinatal System under the Developmental Disability
20    Prevention Act. At a minimum, this participation shall
21    require a birth center to establish a letter of agreement
22    with a hospital designated under the Perinatal System. A
23    hospital that operates or has a letter of agreement with a
24    birth center shall include the birth center under its
25    maternity service plan under the Hospital Licensing Act
26    and shall include the birth center in the hospital's

 

 

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1    letter of agreement with its regional perinatal center.
2        A birth center may not discriminate against any
3    patient requiring treatment because of the source of
4    payment for services, including Medicare and Medicaid
5    recipients.
6        No general anesthesia and no surgery may be performed
7    at a birth center. The Department may by rule add birth
8    center patient eligibility criteria or standards as it
9    deems necessary. The Department shall by rule require each
10    birth center to report the information which the
11    Department shall make publicly available, which shall
12    include, but is not limited to, the following:
13            (i) Birth center ownership.
14            (ii) Sources of payment for services.
15            (iii) Utilization data involving patient length of
16        stay.
17            (iv) Admissions and discharges.
18            (v) Complications.
19            (vi) Transfers.
20            (vii) Unusual incidents.
21            (viii) Deaths.
22            (ix) Any other publicly reported data required
23        under the Illinois Consumer Guide.
24            (x) Post-discharge patient status data where
25        patients are followed for 14 days after discharge from
26        the birth center to determine whether the mother or

 

 

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1        baby developed a complication or infection.
2        Within 9 months after the effective date of this
3    amendatory Act of the 95th General Assembly, the
4    Department shall adopt rules that are developed with
5    consideration of: the American Association of Birth
6    Centers' Standards for Freestanding Birth Centers; the
7    American Academy of Pediatrics/American College of
8    Obstetricians and Gynecologists Guidelines for Perinatal
9    Care; and the Regionalized Perinatal Health Care Code.
10        The Department shall adopt other rules as necessary to
11    implement the provisions of this amendatory Act of the
12    95th General Assembly within 9 months after the effective
13    date of this amendatory Act of the 95th General Assembly.
14(Source: P.A. 100-518, eff. 12-8-17 (see Section 5 of P.A.
15100-558 for the effective date of changes made by P.A.
16100-518).)
 
17    Section 105. The Home Health, Home Services, and Home
18Nursing Agency Licensing Act is amended by changing Section
192.11 and by adding Section 2.13 as follows:
 
20    (210 ILCS 55/2.11)
21    Sec. 2.11. "Home nursing agency" means an agency that
22provides services directly, or acts as a placement agency, in
23order to deliver skilled nursing and home health aide services
24to persons in their personal residences or a certified family

 

 

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1health aide, as defined by the Certified Family Health Aide
2Program for Children and Adults Act, for individuals receiving
3or eligible to receive the following services: (1) in-home
4shift nursing services under the Early and Periodic Screening,
5Diagnostic and Treatment requirement of Medicaid under 42
6U.S.C. 1396d(r); or (2) in-home shift nursing services through
7the home and community-based services waiver program
8authorized under Section 1915(c) of the Social Security Act
9for persons who are medically fragile and technology
10dependent. A home nursing agency provides services that would
11require a licensed nurse to perform. Home health aide services
12are provided under the direction of a registered professional
13nurse or advanced practice registered nurse. A home nursing
14agency does not require licensure as a home health agency
15under this Act. "Home nursing agency" does not include an
16individually licensed nurse acting as a private contractor or
17a person that provides or procures temporary employment in
18health care facilities, as defined in the Nurse Agency
19Licensing Act.
20(Source: P.A. 100-513, eff. 1-1-18.)
 
21    (210 ILCS 55/2.13 new)
22    Sec. 2.13. Certified family health aide. A home nursing
23agency shall provide initial and ongoing training for, and
24shall keep records in a manner designated by the Department
25regarding, the certified family health aide, as defined in the

 

 

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1Certified Family Health Aide Program for Children and Adults
2Act, identified as the legally responsible caregiver or
3designated by the legally responsible caregiver for an
4individual who receives or is eligible to receive:
5        (1) in-home shift nursing services under the Early and
6    Periodic Screening, Diagnostic and Treatment requirement
7    of Medicaid under 42 U.S.C. 1396d(r); or
8        (2) in-home shift nursing through the home and
9    community-based services waiver program authorized under
10    Section 1915(c) of the Social Security Act for persons who
11    are medically fragile and technology dependent.
 
12    Section 110. The Hospital Licensing Act is amended by
13adding Section 17 as follows:
 
14    (210 ILCS 85/17 new)
15    Sec. 17. Certified family health aide. Hospitals managing
16the care of an individual to be discharged under the care of a
17home nursing agency shall provide initial training, and shall
18document in a manner designated by the Department, for the
19certified family health aide, as defined in the Certified
20Family Health Aide Program for Children and Adults Act,
21identified as the legally responsible caregiver or designated
22by a legally responsible caregiver for an individual who
23receives or is eligible to receive in-home shift nursing
24services under the Early and Periodic Screening, Diagnostic

 

 

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1and Treatment requirement of Medicaid under 42 U.S.C. 1396d(r)
2or in-home shift nursing through the home and community-based
3services waiver program authorized under Section 1915(c) of
4the Social Security Act for persons who are medically fragile
5and technology dependent.
 
6    Section 115. The Nurse Practice Act is amended by changing
7Section 50-15 as follows:
 
8    (225 ILCS 65/50-15)  (was 225 ILCS 65/5-15)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 50-15. Policy; application of Act.
11    (a) For the protection of life and the promotion of
12health, and the prevention of illness and communicable
13diseases, any person practicing or offering to practice
14advanced, professional, or practical nursing in Illinois shall
15submit evidence that he or she is qualified to practice, and
16shall be licensed as provided under this Act. No person shall
17practice or offer to practice advanced, professional, or
18practical nursing in Illinois or use any title, sign, card or
19device to indicate that such a person is practicing
20professional or practical nursing unless such person has been
21licensed under the provisions of this Act.
22    (b) This Act does not prohibit the following:
23        (1) The practice of nursing in Federal employment in
24    the discharge of the employee's duties by a person who is

 

 

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1    employed by the United States government or any bureau,
2    division or agency thereof and is a legally qualified and
3    licensed nurse of another state or territory and not in
4    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
5    this Act.
6        (2) Nursing that is included in the program of study
7    by students enrolled in programs of nursing or in current
8    nurse practice update courses approved by the Department.
9        (3) The furnishing of nursing assistance in an
10    emergency.
11        (4) The practice of nursing by a nurse who holds an
12    active license in another state when providing services to
13    patients in Illinois during a bonafide emergency or in
14    immediate preparation for or during interstate transit.
15        (5) The incidental care of the sick by members of the
16    family, domestic servants or housekeepers, or care of the
17    sick where treatment is by prayer or spiritual means.
18        (6) Persons from being employed as unlicensed
19    assistive personnel in private homes, long term care
20    facilities, nurseries, hospitals or other institutions.
21        (7) The practice of practical nursing by one who is a
22    licensed practical nurse under the laws of another U.S.
23    jurisdiction and has applied in writing to the Department,
24    in form and substance satisfactory to the Department, for
25    a license as a licensed practical nurse and who is
26    qualified to receive such license under this Act, until

 

 

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1    (i) the expiration of 6 months after the filing of such
2    written application, (ii) the withdrawal of such
3    application, or (iii) the denial of such application by
4    the Department.
5        (8) The practice of advanced practice registered
6    nursing by one who is an advanced practice registered
7    nurse under the laws of another United States jurisdiction
8    or a foreign jurisdiction and has applied in writing to
9    the Department, in form and substance satisfactory to the
10    Department, for a license as an advanced practice
11    registered nurse and who is qualified to receive such
12    license under this Act, until (i) the expiration of 6
13    months after the filing of such written application, (ii)
14    the withdrawal of such application, or (iii) the denial of
15    such application by the Department.
16        (9) The practice of professional nursing by one who is
17    a registered professional nurse under the laws of another
18    United States jurisdiction or a foreign jurisdiction and
19    has applied in writing to the Department, in form and
20    substance satisfactory to the Department, for a license as
21    a registered professional nurse and who is qualified to
22    receive such license under Section 55-10, until (1) the
23    expiration of 6 months after the filing of such written
24    application, (2) the withdrawal of such application, or
25    (3) the denial of such application by the Department.
26        (10) The practice of professional nursing that is

 

 

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1    included in a program of study by one who is a registered
2    professional nurse under the laws of another United States
3    jurisdiction or a foreign jurisdiction and who is enrolled
4    in a graduate nursing education program or a program for
5    the completion of a baccalaureate nursing degree in this
6    State, which includes clinical supervision by faculty as
7    determined by the educational institution offering the
8    program and the health care organization where the
9    practice of nursing occurs.
10        (11) Any person licensed in this State under any other
11    Act from engaging in the practice for which she or he is
12    licensed.
13        (12) Delegation to authorized direct care staff
14    trained under Section 15.4 of the Mental Health and
15    Developmental Disabilities Administrative Act consistent
16    with the policies of the Department.
17        (13) (Blank).
18        (14) County correctional personnel from delivering
19    prepackaged medication for self-administration to an
20    individual detainee in a correctional facility.
21        (15) The practice of relevant care by a legally
22    responsible caregiver or a person designated by a legally
23    responsible caregiver who has been certified as a
24    certified family health aide, as defined in the Certified
25    Family Health Aide Program for Children and Adults Act, to
26    perform for a person who receives or is eligible to

 

 

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1    receive the following services: (i) in-home shift nursing
2    services under the Early and Periodic Screening,
3    Diagnostic and Treatment requirement of Medicaid under 42
4    U.S.C. 1396d(r); or (ii) in-home shift nursing services
5    through the home and community-based services waiver
6    program authorized under Section 1915(c) of the Social
7    Security Act for persons who are medically fragile and
8    technology dependent.
9    Nothing in this Act shall be construed to limit the
10delegation of tasks or duties by a physician, dentist, or
11podiatric physician to a licensed practical nurse, a
12registered professional nurse, or other persons.
13(Source: P.A. 100-513, eff. 1-1-18.)
 
14    Section 120. The Illinois Public Aid Code is amended by
15adding Section 5-2.06b as follows:
 
16    (305 ILCS 5/5-2.06b new)
17    Sec. 5-2.06b. Certified family health aide program for
18children and adults.
19    (a) The Department of Healthcare and Family Services may
20apply for a Home and Community-Based Services State Plan
21amendment and federal waiver amendment necessary to reimburse
22a legally responsible caregiver or a person designated by a
23legally responsible caregiver, as defined in the Certified
24Family Health Aide Program for Children and Adults Act, who

 

 

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1has achieved certification as a certified family health aide
2to perform or assist in performance of: (1) in-home shift
3nursing services under the Early and Periodic Screening,
4Diagnostic and Treatment requirement of Medicaid under 42
5U.S.C. 1396d(r); or the home and community-based services
6waiver program authorized under Section 1915(c) of the Social
7Security Act for a designated person or designated persons who
8are medically fragile and technology dependent and in need and
9eligible for these services. Upon federal approval of any
10State Plan amendment or waiver amendment, the Department may
11adopt rules in partnership with the Department of Public
12Health to specify the federally approved services eligible for
13reimbursement under the certified family health aide
14certification and to adopt any other policies or procedures
15necessary to implement this Section.
16    (b) The Department of Healthcare and Family Services, in
17partnership with the Department of Public Health, shall
18convene an advisory working group of stakeholders to provide
19guidance and expertise regarding implementation of the
20certified family health aide program. The Department of
21Healthcare and Family Services shall convene this advisory
22working group within 60 days after the effective date of this
23amendatory Act of the 104th General Assembly. This working
24group may include, but is not limited to, at least one
25representative from the University of Illinois at Chicago,
26Division of Specialized Care for Children, at least 4

 

 

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1representatives of home nurse agencies, at least one physician
2with medical experience with the population being served by
3the program, at least one representative from a children's
4hospital, at least one legally responsible caregiver as
5described in item (3) of Section 10 of the Certified Family
6Health Aide Program for Children and Adults Act, and at least
7one representative of a Children's Community-Based Health Care
8Clinic.".