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Public Act 094-0570 |
SB0026 Enrolled |
LRB094 03673 DRJ 33678 b |
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AN ACT concerning regulation.
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WHEREAS, The General Assembly intends to provide one |
standard definition of "hospice" by establishing minimum |
standards for all providers of hospice care in Illinois; and |
WHEREAS, The General Assembly does not intend to force any |
volunteer hospice program out of business but instead intends |
to bring such programs into compliance with certain minimum |
standards applicable to all providers of hospice care in |
Illinois; therefore |
Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Assisted Living and Shared Housing Act is |
amended by changing Section 75 as follows:
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(210 ILCS 9/75)
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Sec. 75. Residency Requirements.
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(a) No individual shall be accepted for residency or remain |
in residence if
the
establishment cannot provide or secure |
appropriate
services, if the individual
requires a level of |
service or type of service for which the establishment is
not |
licensed or
which the establishment does not provide, or if the |
establishment does not have
the staff
appropriate in numbers |
and with appropriate skill to provide such services.
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(b) Only adults may be accepted for residency.
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(c) A person shall not be accepted for residency if:
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(1) the person poses a serious threat to himself or |
herself or to others;
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(2) the person is not able to communicate his or her |
needs and no
resident representative
residing in the |
establishment, and with a prior relationship to the person,
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has been appointed to direct the provision of
services;
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(3) the person requires total assistance with 2 or more |
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activities of
daily
living;
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(4) the person requires the assistance of more than one |
paid caregiver at
any given time
with an activity of daily |
living;
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(5) the person requires more than minimal assistance in |
moving to a safe
area in an
emergency;
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(6) the person has a severe mental illness, which for |
the purposes of
this Section
means a condition that is |
characterized by the presence of a major mental
disorder
as |
classified in the Diagnostic and Statistical Manual of |
Mental Disorders,
Fourth
Edition (DSM-IV) (American |
Psychiatric Association, 1994), where the individual
is |
substantially disabled due to mental illness in the areas |
of
self-maintenance,
social functioning, activities of |
community living and work skills, and the
disability
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specified is expected to be present for a period of not |
less than one year, but
does not
mean Alzheimer's disease |
and other forms of dementia based on organic or
physical |
disorders;
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(7) the person requires intravenous therapy or |
intravenous feedings
unless self-administered or |
administered by a qualified, licensed health care
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professional;
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(8) the person requires gastrostomy feedings unless |
self-administered or
administered
by a licensed health |
care professional;
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(9) the person requires insertion, sterile irrigation, |
and replacement of
catheter, except
for routine |
maintenance of urinary catheters, unless the catheter care |
is
self-administered or administered by a licensed health |
care professional;
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(10) the person requires sterile wound care unless care |
is
self-administered or
administered by a licensed health |
care professional;
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(11) the person requires sliding scale insulin |
administration unless
self-performed or
administered by a |
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licensed health care professional;
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(12) the person is a diabetic requiring routine insulin |
injections unless
the injections
are self-administered or |
administered by a licensed health care professional;
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(13) the person requires treatment of stage 3 or stage |
4 decubitus ulcers
or exfoliative
dermatitis;
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(14) the person requires 5 or more skilled nursing |
visits per week for
conditions other
than those listed in |
items (13) and (15) of this subsection for a
period of 3
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consecutive weeks or more except when the course of |
treatment is expected to
extend beyond a 3 week period for |
rehabilitative purposes and is certified as
temporary by a |
physician; or
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(15) other reasons prescribed by the Department by |
rule.
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(d) A resident with a condition listed in items (1) through |
(15) of
subsection (c) shall have
his or her residency |
terminated.
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(e) Residency shall be terminated when services available |
to the resident
in
the establishment
are no longer adequate to |
meet the needs of the resident. This provision shall
not
be |
interpreted as
limiting the authority of the Department to |
require the residency termination
of individuals.
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(f) Subsection (d) of this Section shall not apply to
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terminally
ill residents who
receive or would qualify for |
hospice care and such care is coordinated by
a hospice program |
licensed
under the Hospice
Program
Licensing Act or other |
licensed health care professional employed by a
licensed home |
health
agency and the establishment and all parties agree to |
the continued residency.
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(g) Items (3), (4), (5), and (9) of subsection (c) shall |
not apply to
a quadriplegic, paraplegic, or
individual with |
neuro-muscular diseases, such as muscular dystrophy and
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multiple
sclerosis, or other chronic diseases and conditions as |
defined by rule if the
individual is able
to communicate his or |
her needs and does not require assistance with complex
medical
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problems, and the establishment is able to accommodate the |
individual's needs.
The Department shall prescribe rules |
pursuant to this Section that address
special safety and |
service needs of these individuals.
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(h) For the purposes of items (7) through (11) of |
subsection (c), a
licensed health care professional may not
be |
employed by the owner or operator of the establishment, its |
parent entity,
or any other entity with ownership common to |
either the owner or operator of
the establishment or parent |
entity, including but not limited to an affiliate
of the owner |
or operator of the establishment. Nothing in this Section is
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meant to limit a resident's right to
choose his or her health |
care provider.
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(Source: P.A. 93-141, eff. 7-10-03.)
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Section 10. The Hospice Program Licensing Act is amended by |
changing Sections 2, 3, 4, 5, 8, and 9 and by adding Sections |
4.5, 8.5, and 8.10 as follows:
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(210 ILCS 60/2) (from Ch. 111 1/2, par. 6102)
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Sec. 2. Purpose. The intent of this Act is to ensure |
quality hospice care to consumers in the State of Illinois
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legislation is to encourage the orderly
development of hospice |
programs which provide supportive and palliative
care to |
terminally ill persons and their families during the final |
stages
of their illness and during dying and bereavement. It is |
the intent of
the General Assembly that persons requiring the |
services of hospice programs
be assured the best quality of |
care during their time of need and vulnerability .
This is to be |
accomplished through the development, establishment and |
enforcement
of standards governing the care provided by hospice |
programs.
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(Source: P.A. 83-457.)
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(210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
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Sec. 3. Definitions. As used in this Act, unless the |
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context otherwise
requires:
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(a) "Bereavement" means the period of time during which the |
hospice
patient's family experiences and adjusts to the death |
of the hospice patient.
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(a-5) "Bereavement services" means counseling services |
provided to an individual's family after the individual's |
death. |
(a-10) "Attending physician" means a physician who: |
(1) is a doctor of medicine or osteopathy; and |
(2) is identified by an individual, at the time the |
individual elects to receive hospice care, as having the |
most significant role in the determination and delivery of |
the individual's medical care.
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(b) "Department" means the Illinois Department of Public |
Health.
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(c) "Director" means the Director of the Illinois |
Department of Public
Health.
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(d) " Hospice care
Full hospice " means a coordinated program |
of palliative care that provides for the physical, emotional, |
and spiritual care needs of a terminally ill patient and his or |
her family. The goal of such care is to achieve the highest |
quality of life as defined by the patient and his or her family |
through the relief of suffering and control of symptoms.
home |
and inpatient care
providing directly, or through agreement, |
palliative and supportive medical,
health and other services to |
terminally ill patients and their families.
A full hospice |
utilizes a medically directed interdisciplinary hospice care
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team of professionals and volunteers. The program provides care |
to meet
the physical, psychological, social, spiritual and |
other special needs which
are experienced during the final |
stages of illness and during dying and
bereavement. Home care |
is to be provided on a part-time, intermittent,
regularly |
scheduled basis, and on an on-call around-the-clock basis
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according to patient and family need.
To the maximum extent |
possible, care shall be furnished in the patient's
home. Should |
in-patient care be required, services are to be provided with
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the intent of minimizing the length of such care and shall only |
be provided
in a hospital licensed under the Hospital Licensing |
Act, or a skilled nursing
facility licensed under the Nursing |
Home Care Act.
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(e) "Hospice care team" means an interdisciplinary group or |
groups composed of individuals who provide or supervise the |
care and services offered by the hospice.
working unit composed
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of but not limited to a physician licensed to practice medicine |
in all of
its branches, a nurse licensed
pursuant to the |
Nursing and
Advanced Practice Nursing Act, a social worker, a |
pastoral or
other
counselor, and trained
volunteers. The |
patient and the patient's family are considered members of
the |
hospice care team when development or revision of the patient's |
plan of
care takes place.
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(f) "Hospice patient" means a terminally ill person |
receiving hospice
services.
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(g) "Hospice patient's family" means a hospice patient's |
immediate family
consisting of a spouse, sibling, child, parent |
and those individuals designated
as such by the patient for the |
purposes of this Act.
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(g-1) "Hospice residence" means a separately licensed |
home, apartment building, or similar
building providing living |
quarters:
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(1) that is owned or operated by a person licensed to |
operate as a comprehensive
full
hospice; and
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(2) at which hospice services are provided to facility |
residents.
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A building that is licensed under the Hospital Licensing |
Act or the Nursing
Home Care Act is not a hospice residence.
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(h) "Hospice services" means a range of professional and |
other supportive services provided to a hospice patient and his |
or her family. These services may include, but are not limited |
to, physician services, nursing services, medical social work |
services, spiritual counseling services, bereavement services, |
and volunteer services.
palliative and supportive care |
provided to
a hospice patient and his family to meet the |
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special need arising out of
the physical, emotional, spiritual |
and social stresses which are experienced
during the final |
stages of illness and during dying and bereavement. Services
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provided to the terminally ill patient shall be furnished, to |
the maximum
extent possible, in the patient's home. Should |
inpatient care be required,
services are to be provided with |
the intent of minimizing the length of such
care.
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(h-5) "Hospice program" means a licensed public agency or |
private organization, or a subdivision of either of those, that |
is primarily engaged in providing care to terminally ill |
individuals through a program of home care or inpatient care, |
or both home care and inpatient care, utilizing a medically |
directed interdisciplinary hospice care team of professionals |
or volunteers, or both professionals and volunteers. A hospice |
program may be licensed as a comprehensive hospice program or a |
volunteer hospice program.
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(h-10) "Comprehensive hospice" means a program that |
provides hospice services and meets the minimum standards for |
certification under the Medicare program set forth in the |
Conditions of Participation in 42 CFR Part 418 but is not |
required to be Medicare-certified.
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(i) "Palliative care" means the management of pain and |
other distressing symptoms that incorporates medical, nursing, |
psychosocial, and spiritual care according to the needs, |
values, beliefs, and culture or cultures of the patient and his |
or her family. The evaluation and treatment is |
patient-centered, with a focus on the central role of the |
family unit in decision-making.
treatment to provide for the |
reduction or
abatement of pain and other troubling symptoms, |
rather than treatment aimed
at investigation and intervention |
for the purpose of cure or inappropriate
prolongation of life.
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(j) "Hospice service plan" means a plan detailing the |
specific hospice
services offered by a comprehensive
full or |
volunteer
hospice program , and the administrative
and direct |
care personnel responsible for those services. The plan shall
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include but not be limited to:
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(1) Identification of the person or persons |
administratively responsible
for the program.
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(2) The estimated average monthly patient census.
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(3) The proposed geographic area the hospice will |
serve.
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(4) A listing of those hospice services provided |
directly by the hospice,
and those hospice services |
provided indirectly through a contractual agreement.
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(5) The name and qualifications of those persons or |
entities under
contract
to provide indirect hospice |
services.
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(6) The name and qualifications of those persons |
providing direct hospice
services, with the exception of |
volunteers.
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(7) A description of how the hospice plans to utilize |
volunteers in the
provision of hospice services.
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(8) A description of the program's record keeping |
system.
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(k) "Terminally ill" means a medical prognosis by a |
physician licensed
to practice medicine in all of its branches |
that a patient has an anticipated
life expectancy of one year |
or less.
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(l) "Volunteer" means a person who offers his or her |
services to a hospice
without compensation. Reimbursement for a |
volunteer's expenses in providing
hospice service shall not be |
considered compensation.
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(l-5) "Employee" means a paid or unpaid member of the staff |
of a hospice program, or, if the hospice program is a |
subdivision of an agency or organization, of the agency or |
organization, who is appropriately trained and assigned to the |
hospice program. "Employee" also means a volunteer whose duties |
are prescribed by the hospice program and whose performance of |
those duties is supervised by the hospice program. |
(l-10) "Representative" means an individual who has been |
authorized under
State law to terminate an individual's medical |
care or to elect or revoke the election of hospice care on |
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behalf of a terminally ill individual who is mentally or |
physically incapacitated.
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(m) "Volunteer hospice" means a program which provides |
hospice services
to patients regardless of their ability to |
pay, with emphasis on the
utilization of volunteers to provide |
services, under the administration of
a not-for-profit agency. |
This definition does not prohibit the employment of
staff.
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(Source: P.A. 93-319, eff. 7-23-03.)
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(210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
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Sec. 4. License.
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(a) No person shall establish, conduct or maintain a |
comprehensive
full or volunteer hospice program without first |
obtaining a license from the
Department. A hospice residence |
may be operated only at the locations listed
on the license. A |
comprehensive
full hospice program owning or operating a |
hospice residence is not
subject to the provisions of the |
Nursing Home Care Act in owning or operating a
hospice |
residence.
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(b) No public or private agency shall advertise or present |
itself to the
public as a comprehensive
full or volunteer |
hospice program which provides hospice services without
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meeting the provisions of subsection (a).
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(c) The license shall be valid only in the possession
of |
the hospice to which it was originally issued and shall not be
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transferred or assigned to any other person, agency, or |
corporation.
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(d) The license shall be renewed annually.
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(e) The license shall be displayed in a conspicuous place |
inside the hospice
program office.
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(Source: P.A. 93-319, eff. 7-23-03.)
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(210 ILCS 60/4.5 new) |
Sec. 4.5. Provisional license. Every licensed hospice |
program in operation on the effective date of this Act that |
does not meet all of the requirements for a comprehensive |
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hospice program or a volunteer hospice program as set forth in |
this Act shall be deemed to hold a provisional license to |
continue that operation on and after that date. The provisional |
license shall remain in effect for one year after the effective |
date of this Act or until the Department issues a regular |
license under Section 4, whichever is earlier. The Department |
may coordinate the issuance of a regular hospice program |
license under Section 4 with the renewal date of the license |
that is in effect on the effective date of this Act.
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(210 ILCS 60/5) (from Ch. 111 1/2, par. 6105)
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Sec. 5. Application for License. An application for license |
or renewal
thereof to operate as a comprehensive
full or |
volunteer hospice program shall be made to the
Department upon |
forms provided by it, and shall contain information
reasonably |
required by the Department, taking into consideration the
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different categories of hospice programs. The application |
shall be accompanied by:
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(1) The hospice service plan;
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(2) A financial statement containing information |
deemed appropriate by
the Department for the category of |
the applicant; and
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(3) A uniform license fee determined by the Department |
based on the hospice
program's category.
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A licensed comprehensive hospice or volunteer hospice that |
is in operation on the effective date of this Act may be issued |
a comprehensive hospice program license under Section 4 if the |
hospice program meets the requirements for a comprehensive |
hospice program set forth in this Act.
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(Source: P.A. 84-427.)
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(210 ILCS 60/8) (from Ch. 111 1/2, par. 6108)
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Sec. 8. General Requirements for hospice programs
Full |
Hospices . Every hospice program
Full hospices shall comply
with |
the following requirements : .
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(a) The hospice program's services shall include physician |
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services, nursing
services, medical social work services, |
bereavement services
counseling , and volunteer services.
These |
services shall be
coordinated with those of the hospice |
patient's primary or attending physician and shall be |
substantially provided by hospice program employees . The |
hospice program must make nursing services, medical social work |
services, volunteer services, and bereavement services |
available on a 24-hour basis to the extent necessary to meet |
the needs of individuals for care that is reasonable and |
necessary for the palliation and management of terminal illness |
and related conditions. The hospice program must provide these |
services in a manner consistent with the standards for |
certification under the Medicare program set forth in the |
Conditions of Participation in 42 CFR Part 418. Hospice |
services, as defined in Section 3, may be furnished in a home |
or inpatient setting, with the intent of minimizing the length |
of inpatient care. The home care component shall be the primary |
form of care and shall be available on a part-time, |
intermittent, regularly-scheduled basis.
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(a-5) The hospice program must have a governing body that |
designates an individual responsible for the day-to-day |
management of the hospice service plan. The governing body must |
also ensure that all services are provided in accordance with |
accepted standards of practice and shall assume full legal |
responsibility for determining, implementing, and maintaining |
the hospice program's total operation. |
(a-10) The hospice program must fully disclose in writing |
to any hospice patient, or to any hospice patient's family or |
representative, prior to the patient's admission, the hospice |
services available from the hospice program and the hospice |
services for which the hospice patient may be eligible under |
the patient's third-party payer plan (that is, Medicare, |
Medicaid, the Veterans Administration, private insurance, or |
other plans). |
(b) The hospice program shall coordinate its services with |
professional
and nonprofessional services already in the |
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community. The program may
contract out for elements of its |
services; however, direct patient contact
and overall |
coordination of hospice services shall be maintained by the
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hospice care team. Any contract entered into between a hospice |
and
a health care facility or service provider shall specify |
that the hospice
retain the responsibility for planning and |
coordinating hospice services
and care on behalf of a hospice |
patient and his family. All contracts shall
be in compliance |
with this Act. No hospice which contracts for any hospice
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service shall charge fees for services provided directly by the |
hospice
care team which duplicate contractual services |
provided to the individual
patient or his family.
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(c) The hospice program must have functioning hospice care |
teams that develop the hospice patient plans of care in |
accordance with the standards for certification under the |
Medicare program set forth in the Conditions of Participation |
in 42 CFR Part 418.
The hospice care team shall be responsible |
for the coordination of
home and inpatient care.
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(c-5) A hospice patient's plan of care must be established |
and maintained for each
individual admitted to a hospice |
program, and the services provided to an
individual must be in |
accordance with the individual's plan of care. The plans of |
care must be established and maintained in accordance with the |
standards for certification under the Medicare program set |
forth in the Conditions of Participation in 42 CFR Part 418.
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(d) The hospice program shall have a medical director who |
shall be a doctor of medicine or osteopathy and
physician
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licensed to practice medicine in all of its branches. The |
medical
director shall have overall responsibility for medical |
direction of the patient
care component of the hospice program
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and treatment of patients and their families rendered by the |
hospice
care team, and shall consult and cooperate with the |
patient's attending physician.
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(e) The hospice program shall have a bereavement program |
which shall provide
a continuum of supportive services for the |
family after the patient's death. The bereavement services must |
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be provided in accordance with the standards for certification |
under the Medicare program set forth in the Conditions of |
Participation in 42 CFR Part 418 .
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(f) The hospice program shall foster independence of the |
patient and his
family by providing training, encouragement and |
support so that the patient
and family can care for themselves |
as much as possible.
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(g) The hospice program shall not impose the dictates of |
any value or
belief system on its patients and their families.
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(h) The hospice program shall clearly define its admission |
criteria.
Decisions on admissions shall be made by a hospice |
care team and shall be
dependent upon the expressed request and |
informed consent of the patient
or the patient's legal |
guardian. For purposes of this Act, "informed consent" means |
that a hospice program must demonstrate respect for an |
individual's rights by ensuring that an informed consent form |
that specifies the type of care and services that may be |
provided as hospice care during the course of the patient's |
illness has been obtained for every hospice patient, either |
from the patient or from the patient's representative.
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(i) The hospice program shall keep accurate, current , and |
confidential
records on all hospice patients and their families |
in accordance with the standards for certification under the |
Medicare program set forth in the Conditions of Participation |
in 42 CFR Part 418, except that standards or conditions in |
connection with Medicare or Medicaid election forms do not |
apply to patients receiving hospice care at no charge .
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(j) The hospice program shall utilize the services of |
trained volunteers in accordance with the standards for |
certification under the Medicare program set forth in the |
Conditions of Participation in 42 CFR Part 418 .
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(k) (Blank).
The hospice program shall consist of both home |
care and inpatient
care which incorporates the following |
characteristics:
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(1) The home care component shall be the primary form |
of care, and shall
be available on a part-time, |
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intermittent, regularly scheduled basis and
on an on-call |
around-the-clock basis, according to patient and family |
need.
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(2) The inpatient component shall primarily be used |
only for short-term stays.
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If possible, inpatient care should closely approximate a |
home-like environment,
and provide overnight family visitation |
within the facility.
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(l) The hospice program must maintain professional |
management responsibility for hospice care and ensure that |
services are furnished in a safe and effective manner by |
persons meeting the qualifications as defined in this Act and |
in accordance with the patient's plan of care. |
(m) The hospice program must conduct a quality assurance |
program in accordance with the standards for certification |
under the Medicare program set forth in the Conditions of |
Participation in 42 CFR Part 418.
|
(n) Where applicable, every hospice program employee must |
be licensed, certified, or registered in accordance with |
federal, State, and local laws and regulations. |
(o) The hospice program shall provide an ongoing program |
for the training and education of its employees appropriate to |
their responsibilities. |
(Source: P.A. 83-457.)
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(210 ILCS 60/8.5 new) |
Sec. 8.5. Additional requirements; comprehensive hospice |
program. In addition to complying with the standards prescribed |
by the Department under Section 9 and complying with all other |
applicable requirements under this Act, a comprehensive |
hospice program must meet the minimum standards for |
certification under the Medicare program set forth in the |
Conditions of Participation in 42 CFR Part 418. |
(210 ILCS 60/8.10 new) |
Sec. 8.10. Additional requirements; volunteer hospice |
|
program. In addition to complying with the standards prescribed |
by the Department under Section 9 and complying with all other |
applicable requirements under this Act, a volunteer hospice |
program must do the following: |
(1) Provide hospice care to patients regardless of |
their ability to pay, with emphasis on the utilization of |
volunteers to provide services. Nothing in this paragraph |
prohibits a volunteer hospice program from employing paid |
staff, however. |
(2) Provide services not required under subsection (a) |
of Section 8 in accordance with generally accepted |
standards of practice and in accordance with applicable |
local, State, and federal laws.
|
(3) Include the word "Volunteer" in its corporate name |
and in all verbal and written communications to patients, |
patients' families and representatives, and the community |
and public at large. |
(4) Provide information regarding other hospice care |
providers available in the hospice program's service area.
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(210 ILCS 60/9) (from Ch. 111 1/2, par. 6109)
|
Sec. 9. Standards. The Department shall prescribe, by |
regulation,
minimum standards for licensed hospice programs.
|
(a)
The standards for all hospice programs
full hospices |
shall
include , but not be limited to , the following :
|
(1) (Blank).
Compliance with the requirements in |
Section 8.
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(2) The number and qualifications of persons providing |
direct hospice
services.
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(3) The qualifications of those persons contracted |
with to provide
indirect
hospice services.
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(4) The palliative and supportive care and bereavement |
counseling provided
to a hospice patient and his family.
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(5) Hospice services provided on an inpatient basis.
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(6) Utilization review of patient care.
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(7) The quality of care provided to patients.
|
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(8) Procedures for the accurate and centralized |
maintenance of records
on hospice services provided to |
patients and their families.
|
(9) The use of volunteers in the hospice program, and |
the training of
those volunteers.
|
(10) The rights of the patient and the patient's |
family.
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(b) (Blank).
The standards for volunteer hospice programs |
shall include but not be
limited to:
|
(1) The direct and indirect services provided by the |
hospice, including
the qualifications of personnel |
providing medical care.
|
(2) Quality review of the services provided by the |
hospice program.
|
(3) Procedures for the accurate and centralized |
maintenance of records
on hospice services provided to |
patients and their families.
|
(4) The rights of the patient and the patient's family.
|
(5) The use of volunteers in the hospice program.
|
(6) The disclosure to the patients of the range of |
hospice services
provided and not provided by the hospice |
program.
|
(c) The standards for hospices owning or operating hospice |
residences
shall address the following:
|
(1) The safety, cleanliness, and general adequacy of |
the premises,
including provision for maintenance of fire |
and health standards that conform
to State laws and |
municipal codes, to provide for the physical comfort,
|
well-being, care, and protection of the residents.
|
(2) Provisions and criteria for admission, discharge, |
and transfer of
residents.
|
(3) Fee and other contractual agreements with |
residents.
|
(4) Medical and supportive services for residents.
|
(5) Maintenance of records and residents' right of |
access of those
records.
|
|
(6) Procedures for reporting abuse or neglect of |
residents.
|
(7) The number of persons who may be served in a |
residence, which shall
not exceed 16 persons per location.
|
(8) The ownership, operation, and maintenance of |
buildings containing a
hospice residence.
|
(9) The number of licensed hospice residences
shall not |
exceed 6 before December
31, 1996 and shall not exceed 12 |
before December 31, 1997. The Department
shall conduct a |
study of the benefits of hospice residences and make a
|
recommendation to the General Assembly as to the need to |
limit the number of
hospice residences after June 30, 1997.
|
(d)
In developing the standards for hospices, the |
Department shall take
into consideration the category of the |
hospice programs.
|
(Source: P.A. 89-278, eff. 8-10-95.)
|
Section 15. The Health Care Worker Background Check Act is |
amended by changing Section 15 as follows:
|
(225 ILCS 46/15)
|
Sec. 15. Definitions. For the purposes of this Act, the |
following
definitions apply:
|
"Applicant" means an individual seeking employment with a |
health care
employer who has received a bona fide conditional |
offer of employment.
|
"Conditional offer of employment" means a bona fide offer |
of employment by a
health care employer to an applicant, which |
is contingent upon the receipt of a
report from the Department |
of State Police indicating that the applicant does
not have a |
record of conviction of any of the criminal offenses enumerated |
in
Section 25.
|
"Direct care" means the provision of nursing care or |
assistance with feeding,
dressing, movement, bathing, |
toileting, or other personal needs. The entity
responsible for |
inspecting and licensing, certifying, or registering the
|
|
health care employer may, by administrative rule, prescribe |
guidelines for
interpreting this definition with regard to the |
health care employers that it
licenses.
|
"Health care employer" means:
|
(1) the owner or licensee of any of the
following:
|
(i) a community living facility, as defined in the |
Community Living
Facilities Act;
|
(ii) a life care facility, as defined in the Life |
Care Facilities Act;
|
(iii) a long-term care facility, as defined in the |
Nursing Home Care Act;
|
(iv) a home health agency, as defined in the Home |
Health Agency Licensing
Act;
|
(v) a comprehensive
full hospice program or |
volunteer hospice program , as defined in the Hospice |
Program Licensing Act;
|
(vi) a hospital, as defined in the Hospital |
Licensing Act;
|
(vii) a community residential alternative, as |
defined in the Community
Residential Alternatives |
Licensing Act;
|
(viii) a nurse agency, as defined in the Nurse |
Agency Licensing Act;
|
(ix) a respite care provider, as defined in the |
Respite Program Act;
|
(ix-a) an establishment licensed under the |
Assisted Living and Shared
Housing Act;
|
(x) a supportive living program, as defined in the |
Illinois Public Aid
Code;
|
(xi) early childhood intervention programs as |
described in 59 Ill. Adm.
Code 121;
|
(xii) the University of Illinois Hospital, |
Chicago;
|
(xiii) programs funded by the Department on Aging |
through the Community
Care Program;
|
(xiv) programs certified to participate in the |
|
Supportive Living Program
authorized pursuant to |
Section 5-5.01a of the Illinois Public Aid Code;
|
(xv) programs listed by the Emergency Medical |
Services (EMS) Systems Act
as
Freestanding Emergency |
Centers;
|
(xvi) locations licensed under the Alternative |
Health Care Delivery
Act;
|
(2) a day training program certified by the Department |
of Human Services;
|
(3) a community integrated living arrangement operated |
by a community
mental health and developmental service |
agency, as defined in the
Community-Integrated Living |
Arrangements Licensing and Certification Act; or
|
(4) the State Long Term Care Ombudsman Program, |
including any regional long term care ombudsman programs |
under Section 4.04 of the Illinois Act on the Aging, only |
for the purpose of securing background checks.
|
"Initiate" means the obtaining of the authorization for a |
record check from
a student, applicant, or employee. The |
educational entity or health care
employer or its designee |
shall transmit all necessary information and fees
to the |
Illinois State Police within 10 working days after receipt of |
the
authorization.
|
(Source: P.A. 92-16, eff. 6-28-01; 93-878, eff. 1-1-05.)
|
Section 99. Effective date. This Act takes effect July 1, |
2005.
|