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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 |
| 12 | | children and adults. |
| 13 | | (a) The Department of Public Health, in partnership with |
| 14 | | the Department of Healthcare and Family Services, shall create |
| 15 | | a certification pathway for a legally responsible caregiver, |
| 16 | | or a person who has been designated by a legally responsible |
| 17 | | caregiver, who is seeking certification as a certified family |
| 18 | | health aide, including the adoption of any necessary rules for |
| 19 | | the certification process. This certification pathway shall |
| 20 | | include documentation, in a manner designated by the |
| 21 | | Department of Public Health, of initial training provided by |
| 22 | | hospitals licensed in the Hospital Licensing Act, children's |
| 23 | | community-based health care centers as defined in the |
| 24 | | Alternative Health Care Delivery Act, or home nursing agencies |
| 25 | | as defined in the Home Health, Home Services, and Home Nursing |
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| 1 | | Agency Licensing Act. |
| 2 | | (b) A certified family health aide may only perform |
| 3 | | services 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 |
| 13 | | health aide, a legally responsible caregiver or a person |
| 14 | | designated by a legally responsible caregiver must meet all |
| 15 | | certification requirements as set forth in this Section, in |
| 16 | | Section 5-2.06b of the Illinois Public Aid Code, and in any |
| 17 | | applicable administrative rule. |
| 18 | | (d) The Department of Public Health, in consultation with |
| 19 | | the Department of Healthcare and Family Services, may adopt |
| 20 | | rules necessary to implement the provisions of this Act, |
| 21 | | including, but not limited to, rules requiring background |
| 22 | | checks for the certified family health aide, establishing the |
| 23 | | scope of services a certified family health aide can perform, |
| 24 | | and establishing any utilization controls of services |
| 25 | | performed by a certified family health aide. |
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| 1 | | Section 100. The Alternative Health Care Delivery Act is |
| 2 | | amended by changing Section 35 as follows: |
| 3 | | (210 ILCS 3/35) |
| 4 | | Sec. 35. Alternative health care models authorized. |
| 5 | | Notwithstanding any other law to the contrary, alternative |
| 6 | | health care models described in this Section may be |
| 7 | | established 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. |
| 15 | | 100-558 for the effective date of changes made by P.A. |
| 16 | | 100-518).) |
| 17 | | Section 105. The Home Health, Home Services, and Home |
| 18 | | Nursing Agency Licensing Act is amended by changing Section |
| 19 | | 2.11 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 |
| 22 | | provides services directly, or acts as a placement agency, in |
| 23 | | order to deliver skilled nursing and home health aide services |
| 24 | | to persons in their personal residences or a certified family |
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| 1 | | health aide, as defined by the Certified Family Health Aide |
| 2 | | Program for Children and Adults Act, for individuals receiving |
| 3 | | or eligible to receive the following services: (1) in-home |
| 4 | | shift nursing services under the Early and Periodic Screening, |
| 5 | | Diagnostic and Treatment requirement of Medicaid under 42 |
| 6 | | U.S.C. 1396d(r); or (2) in-home shift nursing services through |
| 7 | | the home and community-based services waiver program |
| 8 | | authorized under Section 1915(c) of the Social Security Act |
| 9 | | for persons who are medically fragile and technology |
| 10 | | dependent. A home nursing agency provides services that would |
| 11 | | require a licensed nurse to perform. Home health aide services |
| 12 | | are provided under the direction of a registered professional |
| 13 | | nurse or advanced practice registered nurse. A home nursing |
| 14 | | agency does not require licensure as a home health agency |
| 15 | | under this Act. "Home nursing agency" does not include an |
| 16 | | individually licensed nurse acting as a private contractor or |
| 17 | | a person that provides or procures temporary employment in |
| 18 | | health care facilities, as defined in the Nurse Agency |
| 19 | | Licensing 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 |
| 23 | | agency shall provide initial and ongoing training for, and |
| 24 | | shall keep records in a manner designated by the Department |
| 25 | | regarding, the certified family health aide, as defined in the |
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| 1 | | Certified Family Health Aide Program for Children and Adults |
| 2 | | Act, identified as the legally responsible caregiver or |
| 3 | | designated by the legally responsible caregiver for an |
| 4 | | individual 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 |
| 13 | | adding Section 17 as follows: |
| 14 | | (210 ILCS 85/17 new) |
| 15 | | Sec. 17. Certified family health aide. Hospitals managing |
| 16 | | the care of an individual to be discharged under the care of a |
| 17 | | home nursing agency shall provide initial training, and shall |
| 18 | | document in a manner designated by the Department, for the |
| 19 | | certified family health aide, as defined in the Certified |
| 20 | | Family Health Aide Program for Children and Adults Act, |
| 21 | | identified as the legally responsible caregiver or designated |
| 22 | | by a legally responsible caregiver for an individual who |
| 23 | | receives or is eligible to receive in-home shift nursing |
| 24 | | services under the Early and Periodic Screening, Diagnostic |
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| 1 | | and Treatment requirement of Medicaid under 42 U.S.C. 1396d(r) |
| 2 | | or in-home shift nursing through the home and community-based |
| 3 | | services waiver program authorized under Section 1915(c) of |
| 4 | | the Social Security Act for persons who are medically fragile |
| 5 | | and technology dependent. |
| 6 | | Section 115. The Nurse Practice Act is amended by changing |
| 7 | | Section 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 |
| 12 | | health, and the prevention of illness and communicable |
| 13 | | diseases, any person practicing or offering to practice |
| 14 | | advanced, professional, or practical nursing in Illinois shall |
| 15 | | submit evidence that he or she is qualified to practice, and |
| 16 | | shall be licensed as provided under this Act. No person shall |
| 17 | | practice or offer to practice advanced, professional, or |
| 18 | | practical nursing in Illinois or use any title, sign, card or |
| 19 | | device to indicate that such a person is practicing |
| 20 | | professional or practical nursing unless such person has been |
| 21 | | licensed 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 |
| 10 | | delegation of tasks or duties by a physician, dentist, or |
| 11 | | podiatric physician to a licensed practical nurse, a |
| 12 | | registered 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 |
| 15 | | adding 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 |
| 18 | | children and adults. |
| 19 | | (a) The Department of Healthcare and Family Services may |
| 20 | | apply for a Home and Community-Based Services State Plan |
| 21 | | amendment and federal waiver amendment necessary to reimburse |
| 22 | | a legally responsible caregiver or a person designated by a |
| 23 | | legally responsible caregiver, as defined in the Certified |
| 24 | | Family Health Aide Program for Children and Adults Act, who |
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| 1 | | has achieved certification as a certified family health aide |
| 2 | | to perform or assist in performance of: (1) in-home shift |
| 3 | | nursing services under the Early and Periodic Screening, |
| 4 | | Diagnostic and Treatment requirement of Medicaid under 42 |
| 5 | | U.S.C. 1396d(r); or the home and community-based services |
| 6 | | waiver program authorized under Section 1915(c) of the Social |
| 7 | | Security Act for a designated person or designated persons who |
| 8 | | are medically fragile and technology dependent and in need and |
| 9 | | eligible for these services. Upon federal approval of any |
| 10 | | State Plan amendment or waiver amendment, the Department may |
| 11 | | adopt rules in partnership with the Department of Public |
| 12 | | Health to specify the federally approved services eligible for |
| 13 | | reimbursement under the certified family health aide |
| 14 | | certification and to adopt any other policies or procedures |
| 15 | | necessary to implement this Section. |
| 16 | | (b) The Department of Healthcare and Family Services, in |
| 17 | | partnership with the Department of Public Health, shall |
| 18 | | convene an advisory working group of stakeholders to provide |
| 19 | | guidance and expertise regarding implementation of the |
| 20 | | certified family health aide program. The Department of |
| 21 | | Healthcare and Family Services shall convene this advisory |
| 22 | | working group within 60 days after the effective date of this |
| 23 | | amendatory Act of the 104th General Assembly. This working |
| 24 | | group may include, but is not limited to, at least one |
| 25 | | representative from the University of Illinois at Chicago, |
| 26 | | Division of Specialized Care for Children, at least 4 |
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| 1 | | representatives of home nurse agencies, at least one physician |
| 2 | | with medical experience with the population being served by |
| 3 | | the program, at least one representative from a children's |
| 4 | | hospital, at least one legally responsible caregiver as |
| 5 | | described in item (3) of Section 10 of the Certified Family |
| 6 | | Health Aide Program for Children and Adults Act, and at least |
| 7 | | one representative of a Children's Community-Based Health Care |
| 8 | | Clinic.". |