Rep. Sidney H. Mathias
Filed: 4/12/2005
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1 | AMENDMENT TO HOUSE BILL 44
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2 | AMENDMENT NO. ______. Amend House Bill 44 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.650 as follows: | ||||||
6 | (30 ILCS 105/5.650 new) | ||||||
7 | Sec. 5.650. The Home Care Services Agency Licensure Fund. | ||||||
8 | Section 10. The Home Health Agency Licensing Act is amended | ||||||
9 | by changing the title of the Act and Sections 1, 1.01, 2, 4, 7, | ||||||
10 | 8, 9.01, 9.02, 9.03, 9.04, 10.01, 12, and 14 and by adding | ||||||
11 | Sections 2.03a, 2.08, 2.09, 2.10, 2.11, 2.12, 3.3, 3.7, 6.3, | ||||||
12 | 6.7, and 10.05 as follows:
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13 | (210 ILCS 55/Act title)
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14 | An Act relating to the regulation of home health , home | ||||||
15 | services, and home nursing agencies.
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16 | (210 ILCS 55/1) (from Ch. 111 1/2, par. 2801)
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17 | Sec. 1. This Act shall be known and may be cited as
the | ||||||
18 | Home Health , Home Services, and Home Nursing Agency Licensing | ||||||
19 | Act.
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20 | (Source: P.A. 80-804.)
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1 | (210 ILCS 55/1.01) (from Ch. 111 1/2, par. 2801.01)
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2 | Sec. 1.01. It is declared to be the public policy that the | ||||||
3 | State has
a legitimate interest in assuring that all home | ||||||
4 | health services , home nursing services, and in-home support | ||||||
5 | services provided
to a person at his residence are performed | ||||||
6 | under circumstances that insure
consumer protection and
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7 | quality care. Therefore, the purpose of this Act is to provide | ||||||
8 | for the
better protection of the public health , well-being, and | ||||||
9 | safety through the development, establishment,
and enforcement | ||||||
10 | of standards for services, as well as standards for the care of | ||||||
11 | individuals receiving home
health services and home nursing | ||||||
12 | services , and in the light of advancing knowledge, will provide | ||||||
13 | a
viable alternative to the premature institutionalization of | ||||||
14 | these individuals. | ||||||
15 | It is further declared that health care and support | ||||||
16 | services are provided in the consumer's home by 3 basic types | ||||||
17 | of agencies: home health care, home nursing care, and home | ||||||
18 | support services. It is further understood that each type of | ||||||
19 | agency delivers a different type and scope of care or service. | ||||||
20 | Further, individuals providing the care or service require | ||||||
21 | different levels of education, training, and supervision. | ||||||
22 | Therefore, different types of regulatory oversight are | ||||||
23 | required.
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24 | (Source: P.A. 81-490.)
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25 | (210 ILCS 55/2) (from Ch. 111 1/2, par. 2802)
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26 | Sec. 2. As used in this Act, unless the context requires
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27 | otherwise, the terms defined in the following Sections | ||||||
28 | proceeding Section 3
2.01 through 2.07
have the meanings | ||||||
29 | ascribed to them in those Sections.
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30 | (Source: P.A. 80-804.)
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31 | (210 ILCS 55/2.03a new) | ||||||
32 | Sec. 2.03a. "Agency" means a home health agency, home |
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1 | nursing agency, or home services agency unless specifically | ||||||
2 | stated otherwise. | ||||||
3 | (210 ILCS 55/2.08 new) | ||||||
4 | Sec. 2.08. "Home services agency" means an agency that | ||||||
5 | provides services directly, or acts as a placement agency, for | ||||||
6 | the purpose of placing individuals as workers providing home | ||||||
7 | services for consumers in their personal residences. "Home | ||||||
8 | services agency" does not include agencies licensed under the | ||||||
9 | Nurse Agency Licensing Act, the Nursing Home Care Act, or the | ||||||
10 | Assisted Living and Shared Housing Act and does not include an | ||||||
11 | agency that limits its business exclusively to providing | ||||||
12 | housecleaning services. Programs providing services | ||||||
13 | exclusively through the Community Care Program of the Illinois | ||||||
14 | Department on Aging or the Department of Human Services Office | ||||||
15 | of Rehabilitation Services are not considered to be a home | ||||||
16 | services agency under this Act. | ||||||
17 | (210 ILCS 55/2.09 new) | ||||||
18 | Sec. 2.09. "Home services" or "in-home services" means | ||||||
19 | assistance with activities of daily living, housekeeping, | ||||||
20 | personal laundry, and companionship provided to an individual | ||||||
21 | in his or her personal residence, which are intended to enable | ||||||
22 | that individual to remain safely and comfortably in his or her | ||||||
23 | own personal residence. "Home services" or "in-home services" | ||||||
24 | does not include services that would be required to be | ||||||
25 | performed by an individual licensed under the Nursing and | ||||||
26 | Advanced Practice Nursing Act. | ||||||
27 | (210 ILCS 55/2.10 new) | ||||||
28 | Sec. 2.10. "Home services worker" or "in-home services | ||||||
29 | worker" means an individual who provides home services to a | ||||||
30 | consumer in the consumer's personal residence. |
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1 | (210 ILCS 55/2.11 new) | ||||||
2 | Sec. 2.11. "Home nursing agency" means an agency that | ||||||
3 | provides services directly, or acts as a placement agency, in | ||||||
4 | order to deliver skilled nursing services to persons in their | ||||||
5 | personal residences. A home nursing agency provides services | ||||||
6 | that would require a licensed nurse to perform. A home nursing | ||||||
7 | agency does not qualify for licensure as a home health agency | ||||||
8 | under this Act. "Home nursing agency" does not include an | ||||||
9 | individually licensed nurse acting as a private contractor or a | ||||||
10 | person that provides or procures temporary employment in health | ||||||
11 | care facilities, as defined in the Nurse Agency Licensing Act. | ||||||
12 | (210 ILCS 55/2.12 new) | ||||||
13 | Sec. 2.12. "Placement agency" means any person engaged for | ||||||
14 | gain or profit in the business of securing or attempting to | ||||||
15 | secure (i) work for hire for persons seeking work or (ii) | ||||||
16 | workers for employers. The term includes a private employment | ||||||
17 | agency and any other entity that places a worker for private | ||||||
18 | hire by a consumer in that consumer's residence for purposes of | ||||||
19 | providing home services. The term does not include a person | ||||||
20 | that provides or procures temporary employment in health care | ||||||
21 | facilities, as defined in the Nurse Agency Licensing Act. | ||||||
22 | (210 ILCS 55/3.3 new) | ||||||
23 | Sec. 3.3. Home services agency; license required. On and | ||||||
24 | after September 1, 2008, no person shall open, manage, conduct, | ||||||
25 | or maintain a home services agency, or advertise himself or | ||||||
26 | herself as a home services agency or as offering services that | ||||||
27 | would be included in the definition of home services or a home | ||||||
28 | services agency, without a license issued by the Department. | ||||||
29 | The Department shall adopt rules as necessary to protect the | ||||||
30 | health, safety, and well-being of clients through licensure of | ||||||
31 | home services agencies. Rules adopted by the Department may | ||||||
32 | include a system or schedule for graduated licensing of |
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1 | agencies under this Act that allows a home services agency to | ||||||
2 | be licensed in conjunction with the licensure of a home health | ||||||
3 | agency with continued compliance at the highest level of | ||||||
4 | licensure and payment of the higher of the 2 licensure fees to | ||||||
5 | the Department. Any licensure fee collected for such a | ||||||
6 | graduated license shall be deposited into the Home Care | ||||||
7 | Services Agency Licensure Fund. | ||||||
8 | (210 ILCS 55/3.7 new) | ||||||
9 | Sec. 3.7. Home nursing agency; license required. On and | ||||||
10 | after September 1, 2008, no person shall open, manage, conduct, | ||||||
11 | or maintain a home nursing agency, or advertise himself or | ||||||
12 | herself as a home nursing agency or as offering services that | ||||||
13 | would be included in the definition of a home nursing agency, | ||||||
14 | without a license issued by the Department. The Department | ||||||
15 | shall adopt rules as necessary to protect the health, safety, | ||||||
16 | and well-being of clients through licensure of home nursing | ||||||
17 | agencies. Rules adopted by the Department may include a system | ||||||
18 | or schedule for graduated licensing of agencies under this Act | ||||||
19 | that allows a home nursing agency to be licensed in conjunction | ||||||
20 | with the licensure of a home health agency with continued | ||||||
21 | compliance at the highest level of licensure and payment of the | ||||||
22 | higher of the 2 licensure fees to the Department. Any licensure | ||||||
23 | fee collected for such a graduated license shall be deposited | ||||||
24 | into the Home Care Services Agency Licensure Fund.
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25 | (210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)
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26 | Sec. 4. Types of licenses.
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27 | (a) If an applicant for licensure has not been previously | ||||||
28 | licensed, or
if the home health agency , home services agency, | ||||||
29 | or home nursing agency is not in operation at the time | ||||||
30 | application is
made, the Department may issue a provisional | ||||||
31 | license. A provisional
license shall be valid for a period of | ||||||
32 | 120 days unless sooner suspended or
revoked pursuant to Section |
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1 | 9 of this Act. Within 30 days prior to the
termination of a | ||||||
2 | provisional license, the Department shall inspect the home
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3 | health agency and, if the applicant substantially meets the | ||||||
4 | requirements
for licensure, it shall issue a license under this | ||||||
5 | Section. If the Department
finds that a holder of a provisional | ||||||
6 | license does not substantially meet
the requirements for | ||||||
7 | licensure, but has made significant progress toward
meeting | ||||||
8 | those requirements, the Director may renew the provisional | ||||||
9 | license
once for a period not to exceed 120 days from the | ||||||
10 | expiration date of the
initial provisional license.
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11 | (b)(1) The Director may also issue a provisional license to | ||||||
12 | any licensed
home health agency which does not substantially | ||||||
13 | comply with the provisions
of this Act and the rules | ||||||
14 | promulgated hereunder, provided he finds that
the health ,
and
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15 | safety , and well-being of the clients
patients of the home | ||||||
16 | health agency will be
protected during the period for which | ||||||
17 | such provisional license is issued.
The term of such | ||||||
18 | provisional license shall not exceed 120 days.
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19 | (2) The Director shall advise the licensee of the | ||||||
20 | conditions under which
such provisional license is issued, | ||||||
21 | including the manner in which the
licensee fails to comply with | ||||||
22 | the provisions of the Act or rules, and the
time within which | ||||||
23 | the corrections necessary for the home health agency to
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24 | substantially comply with the Act and rules shall be completed.
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25 | (3) The Director, at his discretion, may extend the term of | ||||||
26 | such
provisional license for an additional 120 days, if he | ||||||
27 | finds that the home
health agency has made substantial progress | ||||||
28 | toward correcting the
violations and bringing the home health
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29 | agency into full compliance with
this Act and the rules | ||||||
30 | promulgated hereunder.
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31 | (c) An annual license shall be issued to
any person | ||||||
32 | conducting or maintaining a home health agency upon receipt
of | ||||||
33 | an application and payment of the
licensure fee, and when
the | ||||||
34 | other requirements of this Act, and the standards, rules and
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1 | regulations promulgated hereunder, are met. The fee for each | ||||||
2 | license or any
renewal shall be $25. | ||||||
3 | (d) As provided in rules adopted by the Department under | ||||||
4 | Sections 3.3 and 3.7 of this Act, a licensed home health agency | ||||||
5 | that maintains a home services agency or home nursing agency | ||||||
6 | may opt to maintain licensure under a graduated system. If that | ||||||
7 | option is chosen, the agency shall pay the higher of the | ||||||
8 | licensure fees for the overall license. Fees collected by the | ||||||
9 | Department under such a graduated licensure system shall be | ||||||
10 | deposited into the Home Care Services Agency Licensure Fund.
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11 | (Source: P.A. 86-130.)
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12 | (210 ILCS 55/6.3 new) | ||||||
13 | Sec. 6.3. Home services agencies; standards; fees. | ||||||
14 | (a) Before January 1, 2008, the Department shall adopt | ||||||
15 | standards for the licensure and operation of home services | ||||||
16 | agencies operated in this State. The structure of the standards | ||||||
17 | shall be based on the concept of home services and its focus on | ||||||
18 | assistance with activities of daily living, housekeeping, | ||||||
19 | personal laundry, and companionship being provided to an | ||||||
20 | individual intended to enable that individual to remain safely | ||||||
21 | and comfortably in his or her own personal residence. As home | ||||||
22 | services do not include services that would be required to be | ||||||
23 | performed by an individual licensed under the Nursing and | ||||||
24 | Advanced Practice Nursing Act, the standards shall be developed | ||||||
25 | from a similar concept. After consideration and | ||||||
26 | recommendations by the Home Health and Home Services Advisory | ||||||
27 | Committee, the Department shall adopt such rules and | ||||||
28 | regulations as are necessary for the proper regulation of home | ||||||
29 | services agencies. Requirements for licensure as a home | ||||||
30 | services agency shall include the following: | ||||||
31 | (1) Compliance with the requirements of the Health Care | ||||||
32 | Worker Background Check Act. | ||||||
33 | (2) Notification, in a form and manner established by |
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1 | the Department by rule, to home services workers and | ||||||
2 | consumers as to the party or parties responsible under | ||||||
3 | State and federal laws for payment of employment taxes, | ||||||
4 | social security taxes, and workers' compensation, | ||||||
5 | liability, the day-to-day supervision of workers, and the | ||||||
6 | hiring, firing, and discipline of workers with the | ||||||
7 | placement arrangement for home services. | ||||||
8 | (3) Compliance with rules, as adopted by the | ||||||
9 | Department, in regard to (i) reporting by the licensee of | ||||||
10 | any known or suspected incidences of abuse, neglect, or | ||||||
11 | financial exploitation of an eligible adult, as defined in | ||||||
12 | the Elder Abuse and Neglect Act, by a home services worker | ||||||
13 | employed by or placed by the licensee or (ii) reports to a | ||||||
14 | law enforcement agency in connection with any other | ||||||
15 | individual protected under the laws of the State of | ||||||
16 | Illinois. | ||||||
17 | (4) Compliance with rules, as adopted by the | ||||||
18 | Department, addressing the health, safety, and well-being | ||||||
19 | of clients receiving home services. | ||||||
20 | (b) The Department may establish fees for home services | ||||||
21 | agency licensure in rules in a manner that will make the | ||||||
22 | program self-supporting. The amount of the licensure fees shall | ||||||
23 | be based on the funding required for operation of the licensure | ||||||
24 | program. | ||||||
25 | (210 ILCS 55/6.7 new) | ||||||
26 | Sec. 6.7. Home nursing agencies; standards; fees. | ||||||
27 | (a) Before January 1, 2008, the Department shall adopt | ||||||
28 | standards for the licensure and operation of home nursing | ||||||
29 | agencies operated in this State. After consideration and | ||||||
30 | recommendations by the Home Health and Home Services Advisory | ||||||
31 | Committee, the Department shall adopt such rules as are | ||||||
32 | necessary for the proper regulation of home nursing agencies. | ||||||
33 | Requirements for licensure as a home nursing agency shall |
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1 | include the following: | ||||||
2 | (1) Compliance with the requirements of the Health Care | ||||||
3 | Worker Background Check Act. | ||||||
4 | (2) Notification, in a form and manner established by | ||||||
5 | the Department by rule, to home nursing agency workers and | ||||||
6 | consumers as to the party or parties responsible under | ||||||
7 | State and federal laws for payment of employment taxes, | ||||||
8 | social security taxes, and workers' compensation, | ||||||
9 | liability, the day-to-day supervision of workers, and the | ||||||
10 | hiring, firing, and discipline of workers with the | ||||||
11 | placement arrangement for home nursing services. | ||||||
12 | (3) Compliance with rules, as adopted by the | ||||||
13 | Department, in regard to (i) reporting by the licensee of | ||||||
14 | any known or suspected incidences of abuse, neglect, or | ||||||
15 | financial exploitation of an eligible adult, as defined in | ||||||
16 | the Elder Abuse and Neglect Act, by a home nursing care | ||||||
17 | worker employed by or placed by the licensee or (ii) | ||||||
18 | reports to a law enforcement agency in connection with for | ||||||
19 | any other individual protected under the laws of the State | ||||||
20 | of Illinois. | ||||||
21 | (4) Compliance with rules, as adopted by the | ||||||
22 | Department, addressing the health, safety, and well-being | ||||||
23 | of clients receiving home nursing services. | ||||||
24 | (b) The Department may establish fees for home nursing | ||||||
25 | agency licensure in rules in a manner that will make the | ||||||
26 | program self-supporting. The amount of the licensure fees shall | ||||||
27 | be based on the funding required for the operation of the | ||||||
28 | licensure program.
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29 | (210 ILCS 55/7) (from Ch. 111 1/2, par. 2807)
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30 | Sec. 7. (a) The Director shall appoint a Home Health
and | ||||||
31 | Home Services Advisory Committee composed of 15
11 persons to | ||||||
32 | advise and consult
with the Director in the administration of | ||||||
33 | this Act. Five of
the appointed members shall represent the |
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1 | home health agency
profession. Four of the appointed members | ||||||
2 | shall represent the home services agency profession.
Of these | ||||||
3 | 5, one shall represent voluntary home health agencies, one | ||||||
4 | shall
represent for-profit home health agencies, one shall | ||||||
5 | represent private
not-for-profit home health agencies, one | ||||||
6 | shall represent institution-based
home health agencies, and | ||||||
7 | one shall represent home health agencies operated
by local | ||||||
8 | health departments. Four of the appointed
members shall | ||||||
9 | represent the general public in the following categories: one | ||||||
10 | individual who is a consumer of home health services or a | ||||||
11 | family member of a consumer of home health services; one | ||||||
12 | individual who is a consumer of home services or a family | ||||||
13 | member of a consumer of home services; one individual who is a | ||||||
14 | home services worker; and one individual who is a | ||||||
15 | representative of an organization that advocates for | ||||||
16 | consumers .
One member shall be a practicing Illinois licensed | ||||||
17 | physician; and one member
shall be an Illinois registered | ||||||
18 | professional nurse with home health agency
experience. The | ||||||
19 | recommendations of professional ,
and home health industry , and | ||||||
20 | home services industry organizations may be considered in | ||||||
21 | selecting
individuals for appointment to the Home Health and | ||||||
22 | Home Services Advisory Committee.
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23 | (b) Each member shall hold office for a term of 3 years,
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24 | except that any member appointed to fill a vacancy occurring
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25 | prior to the expiration of the
term for which his predecessor | ||||||
26 | was appointed shall be appointed
for the remainder of such term | ||||||
27 | and the terms of office of the
members first taking office | ||||||
28 | shall expire, as designated at the
time of appointment, one at | ||||||
29 | the end of the first year, one at
the end of the second year, | ||||||
30 | and 3 at the end of the third year.
The term of office of each | ||||||
31 | of the original appointees shall
commence on January 1, 1978.
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32 | (c) The term of office of each of the 6 members appointed | ||||||
33 | to the
Committee as a result of this amendatory Act of 1989 | ||||||
34 | shall commence on
January 1, 1990. The terms of office of the 6 |
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1 | members appointed as a
result of this amendatory Act of 1989 | ||||||
2 | shall expire, as designated at the
time of appointment, 2 at | ||||||
3 | the end of the first year, 2 at the end of the
second year, and | ||||||
4 | two at the end of the third year.
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5 | (d) The Committee shall meet as frequently
as the Director | ||||||
6 | deems necessary. Committee members, while
serving on business | ||||||
7 | of the Committee, shall receive actual
and necessary travel and | ||||||
8 | subsistence expenses while so serving
away from their places of | ||||||
9 | residence. | ||||||
10 | (e) The Committee shall provide input and recommendations | ||||||
11 | to the Department on the development of rules for the licensure | ||||||
12 | of home services agencies and home nursing agencies operating | ||||||
13 | in this State. On or before July 1, 2007, the Committee shall | ||||||
14 | issue an interim report to the General Assembly on the status | ||||||
15 | of development and implementation of the rules for home | ||||||
16 | services agency and home nursing agency licensure.
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17 | (Source: P.A. 86-130.)
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18 | (210 ILCS 55/8) (from Ch. 111 1/2, par. 2808)
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19 | Sec. 8. An application for a license may be denied for any | ||||||
20 | of the
following reasons:
| ||||||
21 | (a) failure to meet the minimum standards prescribed by the
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22 | Department pursuant to Section 6;
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23 | (b) satisfactory evidence that the moral character of the | ||||||
24 | applicant
or supervisor of the agency is not reputable. In | ||||||
25 | determining moral
character, the Department may take into | ||||||
26 | consideration any convictions of
the applicant or supervisor | ||||||
27 | but such convictions shall not operate as a
bar to licensing;
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28 | (c) lack of personnel qualified by training and experience | ||||||
29 | to
properly perform the function of a home health agency;
| ||||||
30 | (d) insufficient financial or other resources to operate | ||||||
31 | and conduct
a home health , home services, or home nursing
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32 | agency in accordance with the requirements of this Act and
the | ||||||
33 | minimum standards, rules and regulations promulgated |
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1 | thereunder.
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2 | (Source: P.A. 81-149.)
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3 | (210 ILCS 55/9.01) (from Ch. 111 1/2, par. 2809.01)
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4 | Sec. 9.01. The Department may conduct any such | ||||||
5 | investigations and
inspections as it deems necessary to assess | ||||||
6 | compliance with this Act and
the rules and regulations | ||||||
7 | promulgated pursuant thereto. Investigations and
inspections | ||||||
8 | may include the direct observation of patient care or the | ||||||
9 | provision of home services in the home,
if consent is given by | ||||||
10 | the consumer or patient under treatment. Agencies
Home health | ||||||
11 | agencies
licensed under this Act shall make available to the | ||||||
12 | Department all books,
records, policies and procedures, or any | ||||||
13 | other materials requested during
the course of an investigation | ||||||
14 | or inspection. Refusal to make such
materials available to the | ||||||
15 | Department shall be grounds for license
revocation, or the | ||||||
16 | imposition of any other penalty provided in this Act.
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17 | (Source: P.A. 86-130.)
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18 | (210 ILCS 55/9.02) (from Ch. 111 1/2, par. 2809.02)
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19 | Sec. 9.02. When the Department determines that an agency
a | ||||||
20 | home health agency is
in violation of this Act or any rule | ||||||
21 | promulgated hereunder, a notice of
violation shall be served | ||||||
22 | upon the licensee. Each notice of violation
shall be prepared | ||||||
23 | in writing and shall specify the nature of the violation
and | ||||||
24 | the statutory provision or rule alleged to have been violated. | ||||||
25 | The
notice shall inform the licensee of any action the | ||||||
26 | Department may take
under this Act, including the requirement | ||||||
27 | of an
a home health agency plan of
correction under Section | ||||||
28 | 9.03, assessment of a penalty under Section 9.04,
or licensure | ||||||
29 | action under Section 9. The Director or his designee shall
also | ||||||
30 | inform the licensee of rights to a hearing under Section 10.
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31 | (Source: P.A. 86-130.)
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1 | (210 ILCS 55/9.03) (from Ch. 111 1/2, par. 2809.03)
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2 | Sec. 9.03. (a) Each home health agency served with a notice | ||||||
3 | of
violation under Section 9.02 of this Act shall file with the | ||||||
4 | Department a
written plan of correction within 10 days of | ||||||
5 | receipt of the notice. The
plan of correction is subject to | ||||||
6 | approval of the Department.
The plan of correction shall
state | ||||||
7 | with particularity the method by which the home health agency | ||||||
8 | intends
to correct each violation and shall contain a stated | ||||||
9 | date by which each
violation shall be corrected.
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10 | (b) If the Department rejects a plan of correction, it | ||||||
11 | shall send notice
of the rejection and the reason for the | ||||||
12 | rejection to the licensee. The
home health agency shall have 10 | ||||||
13 | days after receipt of the notice of
rejection in which to | ||||||
14 | submit a modified plan. If the modified plan is not
submitted | ||||||
15 | on time, or if the modified plan is rejected, the home health
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16 | agency shall follow a plan of correction imposed by the | ||||||
17 | Department.
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18 | (c) If an
a home health agency desires to contest any | ||||||
19 | Department action
under this Section, it shall send a written | ||||||
20 | request for a hearing under
Section 10 to the Department within | ||||||
21 | 10 days of receipt of notice of the
contested action. The | ||||||
22 | Department shall commence the hearing as provided
under Section | ||||||
23 | 10. Whenever possible, all action of the Department under
this | ||||||
24 | Section arising out of a violation shall be contested and | ||||||
25 | determined
at a single hearing. Issues decided at a hearing may | ||||||
26 | not be reheard at
subsequent hearings under this Section.
| ||||||
27 | (Source: P.A. 86-130.)
| ||||||
28 | (210 ILCS 55/9.04) (from Ch. 111 1/2, par. 2809.04)
| ||||||
29 | Sec. 9.04. (a) The licensee of an
a home health agency | ||||||
30 | operating in
violation of this Act or any rule adopted | ||||||
31 | hereunder may be subject to the
penalties or fines levied by | ||||||
32 | the Department as specified in this Section.
| ||||||
33 | (b) When the Director determines that an
a home health
|
| |||||||
| |||||||
1 | agency has failed to
comply with this Act or any rule adopted | ||||||
2 | hereunder, the Department may
issue a notice of fine assessment | ||||||
3 | which shall specify the violations for
which the fine is | ||||||
4 | levied. The Department may impose a fine of $100 per day
| ||||||
5 | commencing on the date the violation was identified and ending | ||||||
6 | on the date
the violation is corrected, or action is taken to | ||||||
7 | suspend, revoke, or deny
renewal of the license, whichever | ||||||
8 | comes first.
| ||||||
9 | (c) In determining whether a fine is to be imposed, the | ||||||
10 | Director shall
consider the following factors:
| ||||||
11 | (1) the gravity of the violation, including the probability | ||||||
12 | that death
or serious physical or mental harm to a patient or | ||||||
13 | consumer will result or has
resulted, the severity of the | ||||||
14 | actual or potential harm, and the extent to
which the | ||||||
15 | provisions of the applicable statutes or regulations were | ||||||
16 | violated;
| ||||||
17 | (2) the reasonable diligence exercised by the licensee and | ||||||
18 | efforts to
correct violations;
| ||||||
19 | (3) any previous violations committed by the licensee; and
| ||||||
20 | (4) the financial benefit to the home health agency of | ||||||
21 | committing or
continuing the violation.
| ||||||
22 | (Source: P.A. 86-130.)
| ||||||
23 | (210 ILCS 55/10.01) (from Ch. 111 1/2, par. 2810.01)
| ||||||
24 | Sec. 10.01. All fines shall be paid to the Department | ||||||
25 | within 10 days
of the notice of assessment or, if the fine is | ||||||
26 | contested under Section 10
of this Act, within 10 days of the | ||||||
27 | receipt of the final decision, unless
the decision is appealed | ||||||
28 | and the order is stayed by court order under
Section 12 of this | ||||||
29 | Act. A fine assessed under this Act shall be collected
by the | ||||||
30 | Department. If the licensee against whom the fine has been | ||||||
31 | assessed
does not comply with a written demand for payment | ||||||
32 | within 30 days, the
Director shall issue an order to do any of | ||||||
33 | the following:
|
| |||||||
| |||||||
1 | (a) certify to the Comptroller, as provided by rule of the | ||||||
2 | Department of
delinquent fines due and owing from the licensee | ||||||
3 | or any amounts due and
owing as a result of a civil action | ||||||
4 | pursuant to subsection (d) of this
Section The purpose of | ||||||
5 | certification shall be to intercept State income
tax refunds | ||||||
6 | and other payments due such licensee in order to satisfy, in
| ||||||
7 | whole or in part, any delinquent fines or amounts recoverable | ||||||
8 | in a civil
action brought pursuant to subsection (d) of this | ||||||
9 | Section. The rule shall
provide for notice to any such licensee | ||||||
10 | or person affected. Any final
administrative decision rendered | ||||||
11 | by the Department with respect to any
certification made | ||||||
12 | pursuant to this subsection (a) shall be reviewed only
under | ||||||
13 | and in accordance with the Administrative Review Law.
| ||||||
14 | (b) certify to the Social Security Administration, as | ||||||
15 | provided by rule
of the Department, of delinquent fines due and | ||||||
16 | owing from the licensee or
any amounts due and owing as a | ||||||
17 | result of a civil action pursuant to
subsection (d) of this | ||||||
18 | Section. The purpose of certification shall be to
request the | ||||||
19 | Social Security Administration to intercept and remit to the
| ||||||
20 | Department Medicaid reimbursement payments due such licensee | ||||||
21 | in order to
satisfy, in whole or in part, any delinquent fines | ||||||
22 | or amounts recoverable
in a civil action brought pursuant to | ||||||
23 | subsection (d) of this Section. The
rules shall provide for | ||||||
24 | notice to any such licensee or person affected.
Any final | ||||||
25 | administrative decision rendered by the Department with | ||||||
26 | respect
to any certification made pursuant to this subsection | ||||||
27 | (b) shall be reviewed
only under and in accordance with the | ||||||
28 | Administrative Review Law.
| ||||||
29 | (c) add the amount of the penalty to the home health
| ||||||
30 | agency's licensing
fee; if the licensee refuses to make the | ||||||
31 | payment at the time of application
for renewal of its license, | ||||||
32 | the license shall not be renewed; or
| ||||||
33 | (d) bring an action in circuit court to recover the amount | ||||||
34 | of the penalty.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-130.)
| ||||||
2 | (210 ILCS 55/10.05 new) | ||||||
3 | Sec. 10.05. Home Care Services Agency Licensure Fund. The | ||||||
4 | Department shall deposit all fees and fines collected in | ||||||
5 | relation to the licensure of home services agencies and home | ||||||
6 | nursing agencies into the Home Care Services Agency Licensure | ||||||
7 | Fund, a special fund created in the State Treasury, for the | ||||||
8 | purpose of providing funding for the administration of the | ||||||
9 | program of home services agency and home nursing agency | ||||||
10 | licensure.
| ||||||
11 | (210 ILCS 55/12) (from Ch. 111 1/2, par. 2812)
| ||||||
12 | Sec. 12. Whenever the Department refuses to grant, or | ||||||
13 | revokes or
suspends a license to open,
conduct, operate, or | ||||||
14 | maintain an
a home health agency, the
applicant or licensee may
| ||||||
15 | have such decision judicially reviewed. The provisions of the | ||||||
16 | Administrative
Review Law, as heretofore or
hereafter amended, | ||||||
17 | and the rules adopted pursuant thereto shall apply to
and | ||||||
18 | govern all proceedings for the judicial review of final
| ||||||
19 | administrative decisions of the Department hereunder. The term
| ||||||
20 | "administrative decisions" is defined as in Section 3-101 of | ||||||
21 | the Code of
Civil Procedure.
| ||||||
22 | (Source: P.A. 82-783.)
| ||||||
23 | (210 ILCS 55/14) (from Ch. 111 1/2, par. 2814)
| ||||||
24 | Sec. 14. The operation or maintenance of an
a home health
| ||||||
25 | agency in violation
of this Act or of the Rules and Regulations | ||||||
26 | promulgated by the Department
is declared a public nuisance | ||||||
27 | inimical to the public welfare. The Director
of the Department | ||||||
28 | in the name of the People of the State, through the Attorney
| ||||||
29 | General or the State's Attorney of the county in which the | ||||||
30 | violation occurs,
may in addition to other remedies herein | ||||||
31 | provided, bring action for an injunction
to restrain such |
| |||||||
| |||||||
1 | violation or to enjoin the future operation or maintenance
of | ||||||
2 | any such home health agency.
| ||||||
3 | (Source: P.A. 81-490.)
| ||||||
4 | Section 15. The End Stage Renal Disease Facility Act is | ||||||
5 | amended by changing Section 15 as follows:
| ||||||
6 | (210 ILCS 62/15)
| ||||||
7 | Sec. 15. Exemptions from licensing requirement. The | ||||||
8 | following facilities
are not required to be licensed under this | ||||||
9 | Act:
| ||||||
10 | (1) a home health agency licensed under the Home | ||||||
11 | Health , Home Services, and Home Nursing Agency Licensing
| ||||||
12 | Act;
| ||||||
13 | (2) a hospital licensed under the Hospital Licensing | ||||||
14 | Act or the University
of Illinois Hospital Act; and
| ||||||
15 | (3) the office of a physician.
| ||||||
16 | (Source: P.A. 92-794, eff. 7-1-03.)
| ||||||
17 | Section 20. The Health Care Worker Background Check Act is | ||||||
18 | amended by changing Section 15 as follows:
| ||||||
19 | (225 ILCS 46/15)
| ||||||
20 | Sec. 15. Definitions. For the purposes of this Act, the | ||||||
21 | following
definitions apply:
| ||||||
22 | "Applicant" means an individual seeking employment with a | ||||||
23 | health care
employer who has received a bona fide conditional | ||||||
24 | offer of employment.
| ||||||
25 | "Conditional offer of employment" means a bona fide offer | ||||||
26 | of employment by a
health care employer to an applicant, which | ||||||
27 | is contingent upon the receipt of a
report from the Department | ||||||
28 | of State Police indicating that the applicant does
not have a | ||||||
29 | record of conviction of any of the criminal offenses enumerated | ||||||
30 | in
Section 25.
|
| |||||||
| |||||||
1 | "Direct care" means the provision of nursing care or | ||||||
2 | assistance with feeding,
dressing, movement, bathing, | ||||||
3 | toileting, or other personal needs , including home services as | ||||||
4 | defined in the Home Health, Home Services, and Home Nursing | ||||||
5 | Agency Licensing Act . The entity
responsible for inspecting and | ||||||
6 | licensing, certifying, or registering the
health care employer | ||||||
7 | may, by administrative rule, prescribe guidelines for
| ||||||
8 | interpreting this definition with regard to the health care | ||||||
9 | employers that it
licenses.
| ||||||
10 | "Health care employer" means:
| ||||||
11 | (1) the owner or licensee of any of the
following:
| ||||||
12 | (i) a community living facility, as defined in the | ||||||
13 | Community Living
Facilities Act;
| ||||||
14 | (ii) a life care facility, as defined in the Life | ||||||
15 | Care Facilities Act;
| ||||||
16 | (iii) a long-term care facility, as defined in the | ||||||
17 | Nursing Home Care Act;
| ||||||
18 | (iv) a home health agency, home services agency, or | ||||||
19 | home nursing agency as defined in the Home Health , Home | ||||||
20 | Services, and Home Nursing Agency Licensing
Act;
| ||||||
21 | (v) a full hospice, as defined in the Hospice | ||||||
22 | Program Licensing Act;
| ||||||
23 | (vi) a hospital, as defined in the Hospital | ||||||
24 | Licensing Act;
| ||||||
25 | (vii) a community residential alternative, as | ||||||
26 | defined in the Community
Residential Alternatives | ||||||
27 | Licensing Act;
| ||||||
28 | (viii) a nurse agency, as defined in the Nurse | ||||||
29 | Agency Licensing Act;
| ||||||
30 | (ix) a respite care provider, as defined in the | ||||||
31 | Respite Program Act;
| ||||||
32 | (ix-a) an establishment licensed under the | ||||||
33 | Assisted Living and Shared
Housing Act;
| ||||||
34 | (x) a supportive living program, as defined in the |
| |||||||
| |||||||
1 | Illinois Public Aid
Code;
| ||||||
2 | (xi) early childhood intervention programs as | ||||||
3 | described in 59 Ill. Adm.
Code 121;
| ||||||
4 | (xii) the University of Illinois Hospital, | ||||||
5 | Chicago;
| ||||||
6 | (xiii) programs funded by the Department on Aging | ||||||
7 | through the Community
Care Program;
| ||||||
8 | (xiv) programs certified to participate in the | ||||||
9 | Supportive Living Program
authorized pursuant to | ||||||
10 | Section 5-5.01a of the Illinois Public Aid Code;
| ||||||
11 | (xv) programs listed by the Emergency Medical | ||||||
12 | Services (EMS) Systems Act
as
Freestanding Emergency | ||||||
13 | Centers;
| ||||||
14 | (xvi) locations licensed under the Alternative | ||||||
15 | Health Care Delivery
Act;
| ||||||
16 | (2) a day training program certified by the Department | ||||||
17 | of Human Services;
| ||||||
18 | (3) a community integrated living arrangement operated | ||||||
19 | by a community
mental health and developmental service | ||||||
20 | agency, as defined in the
Community-Integrated Living | ||||||
21 | Arrangements Licensing and Certification Act; or
| ||||||
22 | (4) the State Long Term Care Ombudsman Program, | ||||||
23 | including any regional long term care ombudsman programs | ||||||
24 | under Section 4.04 of the Illinois Act on the Aging, only | ||||||
25 | for the purpose of securing background checks.
| ||||||
26 | "Initiate" means the obtaining of the authorization for a | ||||||
27 | record check from
a student, applicant, or employee. The | ||||||
28 | educational entity or health care
employer or its designee | ||||||
29 | shall transmit all necessary information and fees
to the | ||||||
30 | Illinois State Police within 10 working days after receipt of | ||||||
31 | the
authorization.
| ||||||
32 | (Source: P.A. 92-16, eff. 6-28-01; 93-878, eff. 1-1-05.)
| ||||||
33 | Section 25. The Nurse Agency Licensing Act is amended by |
| |||||||
| |||||||
1 | changing Sections 3 and 4 as follows:
| ||||||
2 | (225 ILCS 510/3) (from Ch. 111, par. 953)
| ||||||
3 | Sec. 3. Definitions. As used in this Act:
| ||||||
4 | (a) "Certified nurse aide" means an individual certified as | ||||||
5 | defined in
Section 3-206 of the Nursing Home Care Act, as now | ||||||
6 | or hereafter amended.
| ||||||
7 | (b) "Department" means the Department of Labor.
| ||||||
8 | (c) "Director" means the Director of Labor.
| ||||||
9 | (d) "Health care facility" is defined as in Section 3 of | ||||||
10 | the Illinois
Health Facilities Planning Act, as now or | ||||||
11 | hereafter amended.
| ||||||
12 | (e) "Licensee" means any nursing agency which is properly | ||||||
13 | licensed under
this Act.
| ||||||
14 | (f) "Nurse" means a registered nurse or a licensed | ||||||
15 | practical nurse as
defined in the Nursing and Advanced Practice | ||||||
16 | Nursing Act.
| ||||||
17 | (g) "Nurse agency" means any individual, firm, | ||||||
18 | corporation,
partnership or other legal entity that employs, | ||||||
19 | assigns or refers nurses
or certified nurse aides to a health | ||||||
20 | care facility for a
fee. The term "nurse agency" includes | ||||||
21 | nurses registries. The term "nurse
agency" does not include | ||||||
22 | services provided by home
health agencies licensed and operated | ||||||
23 | under the Home Health , Home Services, and Home Nursing Agency
| ||||||
24 | Licensing Act or a licensed or certified
individual who | ||||||
25 | provides his or her own services as a regular employee of a
| ||||||
26 | health care facility, nor does it apply to a health care | ||||||
27 | facility's
organizing nonsalaried employees to provide | ||||||
28 | services only in that
facility.
| ||||||
29 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
30 | (225 ILCS 510/4) (from Ch. 111, par. 954)
| ||||||
31 | Sec. 4. Licensing. The Department shall license nurse | ||||||
32 | agencies in
accordance with this Act for the protection of the |
| |||||||
| |||||||
1 | health, welfare and
safety of patients and residents. No person | ||||||
2 | may establish, operate,
maintain, or advertise as a nurse | ||||||
3 | agency in the State of Illinois unless the
person is licensed | ||||||
4 | under this Act by the Department of Labor. Being licensed
under | ||||||
5 | the Home
Health , Home Services, and Home Nursing Agency | ||||||
6 | Licensing Act does not relieve home health agencies that | ||||||
7 | provide
nurse agency services from the requirement of obtaining | ||||||
8 | licensure under this
Act. No health care facility shall use the | ||||||
9 | services of an unlicensed nurse
agency.
| ||||||
10 | (Source: P.A. 88-230.)
| ||||||
11 | Section 30. The Community Services Act is amended by | ||||||
12 | changing Section 4.3 as follows:
| ||||||
13 | (405 ILCS 30/4.3)
| ||||||
14 | Sec. 4.3. Family Support Services Voucher Pilot Program.
| ||||||
15 | (a) In this Section:
| ||||||
16 | "Family member" means a family member as defined by rules | ||||||
17 | adopted by the
Department of Human Services.
| ||||||
18 | "Family support services" means the services and | ||||||
19 | activities described in
subsection (d).
| ||||||
20 | (b) The Department of Human Services shall establish a | ||||||
21 | Family Support
Services Voucher Pilot Program which shall be a | ||||||
22 | conversion of the program
defined in Section 4.1. The | ||||||
23 | Department may establish no more than 5 pilot
programs.
| ||||||
24 | (c) The purpose of the pilot program is to do the | ||||||
25 | following:
| ||||||
26 | (1) Increase the number of families who are able to | ||||||
27 | access family support
services.
| ||||||
28 | (2) Provide families with greater control over family | ||||||
29 | support services.
| ||||||
30 | (3) Ensure that the diverse family support services | ||||||
31 | needs of families can
be accommodated.
| ||||||
32 | (4) Encourage a family's contribution toward payment |
| |||||||
| |||||||
1 | for the family
support
services they receive.
| ||||||
2 | (5) Serve as a pilot program to evaluate the merits of | ||||||
3 | a family support
services voucher program
in comparison to | ||||||
4 | the traditional respite program.
| ||||||
5 | (d) The Department shall contract with community agencies | ||||||
6 | to issue vouchers
to
participating families, or to employ a | ||||||
7 | voucher-like method that similarly makes
services available | ||||||
8 | based on the choice of families.
A family may use the vouchers | ||||||
9 | to purchase the
following services and activities or to | ||||||
10 | otherwise provide for those services
and activities:
| ||||||
11 | (1) Services of an in-home caregiver to supervise the | ||||||
12 | family member with a
developmental disability in the home | ||||||
13 | or in the
community or both when other family members are | ||||||
14 | not present.
| ||||||
15 | (2) Services of a person to accompany the family member | ||||||
16 | with a
developmental disability
on
outings, community
| ||||||
17 | activities, and similar activities.
| ||||||
18 | (3) Registration of the family member with a | ||||||
19 | developmental disability in
park district
programs, | ||||||
20 | extracurricular school activities,
community college | ||||||
21 | classes, and other similar types of community-based | ||||||
22 | programs.
| ||||||
23 | (4) Services of home health care personnel if medical | ||||||
24 | training or
expertise
is
required to meet the
needs of the | ||||||
25 | family member with a developmental disability.
| ||||||
26 | (e) Families may employ the following types of individuals | ||||||
27 | to provide family
support services:
| ||||||
28 | (1) Related family members who do not reside in the | ||||||
29 | same home as the
family
member with a developmental | ||||||
30 | disability.
| ||||||
31 | (2) Friends or neighbors whom the family designates as | ||||||
32 | capable of meeting
the
needs
of the family
member with a | ||||||
33 | developmental disability.
| ||||||
34 | (3) Individuals recruited from the community (for |
| |||||||
| |||||||
1 | example, church members
or
college students).
| ||||||
2 | (4) Individuals who work with the family member with a | ||||||
3 | developmental
disability in a
different capacity (for | ||||||
4 | example, classroom aide
or day program staff).
| ||||||
5 | (5) Persons whose services are contracted for through a | ||||||
6 | home health agency
licensed under the
Home
Health , Home | ||||||
7 | Services, and Home Nursing Agency Licensing Act.
| ||||||
8 | (f) Family support services moneys under the pilot program | ||||||
9 | may not be used
to
purchase or provide for any of the following
| ||||||
10 | services or activities:
| ||||||
11 | (1) Out-of-home medical services.
| ||||||
12 | (2) Medical, therapeutic, or developmental | ||||||
13 | evaluations.
| ||||||
14 | (3) Any product or item (for example, sports equipment, | ||||||
15 | therapeutic
devices, or
clothing).
| ||||||
16 | (4) Family support services provided by a family member | ||||||
17 | whose primary
residence
is the
same as that of the family | ||||||
18 | member with a developmental disability.
| ||||||
19 | (5) Services of a person to accompany the family on an | ||||||
20 | overnight trip.
| ||||||
21 | (6) Any service or activity that should be provided by | ||||||
22 | the school in which
the
family member with a developmental | ||||||
23 | disability is
enrolled or that occurs as part of that | ||||||
24 | school's typical school routine.
| ||||||
25 | (7) Child care services while the primary caretaker | ||||||
26 | works.
| ||||||
27 | (g) The Department of Human Services shall submit a report | ||||||
28 | to the General
Assembly by March 1, 2000 evaluating the merits
| ||||||
29 | of the pilot program.
| ||||||
30 | (Source: P.A. 90-804, eff. 1-1-99.)
| ||||||
31 | Section 99. Effective date. This Act takes effect January | ||||||
32 | 1, 2006.".
|