HB5784 103RD GENERAL ASSEMBLY

LRB103 39920 KTG 70945 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5784

Introduced 3/20/2024, by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-2c new

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish and administer, by January 1, 2026, a Certified Family Health Aide Program that permits a legally responsible family caregiver or family member to receive specific training from a participating licensed home health agency, home nursing agency, or home services agency on the provision of private duty nursing services. Provides that a legally responsible family caregiver or family member who successfully completes training and meets all other applicable requirements under State or federal law shall receive certification as a certified family health aide and be eligible to provide private duty nursing services to a qualifying family member under the Early and Periodic Screening, Diagnostic and Treatment benefit or through any home and community-based services waiver program for medically fragile and technology dependent children. Provides that no home health agency, home nursing agency, home services agency, or legally responsible family caregiver or family member is required to participate in the program. Contains provisions on training and instruction requirements for certification; additional hands-on training provided by participating agencies; competency requirements for certified family health aides; background check requirements; reimbursement rates for certified family health aide services; Department rules and reporting requirements; monthly meetings between the Department and participating agencies during the implementation phase of the program; and other matters. Effective immediately.

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by adding Section 5-2c as follows:

(305 ILCS 5/5-2c new)

Sec. 5-2c. Certified Family Health Aide Program.

(a) As used in this Section:

"Home health agency", "home nursing agency", and "home services agency" have the same meaning ascribed to those terms under the Home Health, Home Services, and Home Nursing Agency Licensing Act.

"Legally responsible family caregiver or family member" mean a parent, guardian, or adult sibling, 18 years of age or older, of a household family member who receives or is eligible to receive in-home shift nursing services or in-home respite services under the Early and Periodic Screening, Diagnostic and Treatment benefit authorized under 42 CFR 441.50 or through any home and community-based services waiver program for medically fragile and technology dependent children as authorized under Section 1915(c) of the Social Security Act.

"Participating agency" means a home health agency, home nursing agency, or home services agency that participates in the Certified Family Health Aide Program.

"Program" means the Certified Family Health Aide Program.

(b) By January 1, 2026, the Department shall establish and administer a Certified Family Health Aide Program that permits a legally responsible family caregiver or family member to receive specific training from a participating licensed home health agency, home nursing agency, or home services agency on the provision of private duty nursing services. A legally responsible family caregiver or family member who successfully completes training and meets all other applicable requirements under State or federal law shall receive certification as a certified family health aide and be eligible to provide private duty nursing services to a qualifying family member under the Early and Periodic Screening, Diagnostic and Treatment benefit or through any home and community-based services waiver program for medically fragile and technology dependent children. No home health agency, home nursing agency, home services agency, or legally responsible family caregiver or family member is required to participate in the program.

(c) To obtain certification as a family health aide under the program, a legally responsible family caregiver or family member must complete all training, testing, and other qualification criteria as prescribed by the Department, by rule, or as required under any applicable State or federal law. Training provided by a participating agency must follow federal guidelines and standards on home health aide instruction and training as set forth in 42 CFR 484.80. All family health aides must complete training and instruction on the following tasks:

(1) patient care transfers;

(2) positioning;

(3) ambulation;

(4) feeding;

(5) personal 24 care;

(6) catheter care;

(7) range of motion;

(8) observation and reporting of a patient's vital signs and blood pressure;

(9) medication administration;

(10) enteral care; and

(11) meal and formula preparation.

A participating agency must provide an additional 10 hours of hands-on training in the tasks described in paragraphs (1) through (11). All training and instruction provided by a participating agency must be documented by the participating agency. Each of tasks described in paragraphs (1) through (11) shall be within the scope of practice for certified family health aides.

(d) Certified family health aides must meet all competency requirements imposed by the participating agency, as well as applicable State and federal guidelines, before providing private duty nursing services to a family member who is receiving medical assistance under the Early and Periodic Screening, Diagnostic and Treatment benefit or through any home and community-based services waiver program for medically fragile and technology dependent children. A participating agency that employs a legally responsible family caregiver or family member prior to certification shall be required to pay all training costs for the legally responsible family caregiver or family member to become a certified family health aide. No legally responsible family caregiver or family member shall be required to reimburse the participating agency for the training costs associated with certification. A legally responsible family caregiver or family member must meet all applicable State and federal background screening requirements and regulations, including a fingerprint-based criminal history records check, to obtain employment at a participating agency.

The Department shall adopt rules to implement the program, including, but not limited to, rules on application and certification requirements for legally responsible family caregivers or family members seeking to participate in the program.

(e) To qualify for certification as a certified family health aide, a legally responsible family caregiver or family member must at a minimum:

(1) be at least 18 years of age or older; and

(2) have satisfactorily completed participant-specific training and received a sign-off indicating competency in the provision of care from a supervising medical team and participating agency.

A certified family health aide may only provide care to the specific family member for whom the certified family health aide is trained to provide care. The certified family health aide may provide private duty nursing services to that family member if the certified family health aide is the only family member present in the home at the time of service delivery. Certified family health aides may not provide services to persons other than family members who are eligible for medical assistance under the Early and Periodic Screening, Diagnostic and Treatment benefit or through any home and community-based services waiver program for medically fragile and technology dependent children. Certified family health aides may not provide services in any health care setting other than a home nursing model.

(f) The reimbursement rate for home health agencies, home nursing agencies, and home services agencies that provide certified family health aide services shall be no lower than $40.00 an hour.

(g) Beginning 30 days after the effective date of this amendatory Act of the 103rd General Assembly and until the Certified Family Health Aide Program is implemented, the Department shall meet and work with home health agencies, home nursing agencies, and home services agencies on a monthly basis during the development and implementation phase of the program.

(h) No later than 3 years after the implementation date of the program, the Department shall prepare and submit a report to the Governor and the General Assembly concerning the viability of the program and the Director's recommendations concerning the program. The Department shall use its data and not that of any home health agency, home nursing agency, or home services agency participating in the program.

(i) The Department shall permanently establish a committee and meet together at least quarterly with home health agencies, home nursing agencies, and home services agencies, family health aides and their families, and other members of the public to make comments or ask questions regarding the private duty nursing benefit servicing program participants under the State Plan's Early and Periodic Screening, Diagnostic, and Treatment program or the Medically Fragile, Technology Dependent waiver.

Section 99. Effective date. This Act takes effect upon becoming law.