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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Home Health, Home Services, and Home Nursing | ||||||
5 | Agency Licensing Act is amended by changing Sections 6.3 and | ||||||
6 | 6.7 as follows: | ||||||
7 | (210 ILCS 55/6.3) | ||||||
8 | Sec. 6.3. Home services agencies; standards; fees. | ||||||
9 | (a) Before January 1, 2008, the Department shall adopt | ||||||
10 | standards for the licensure and operation of home services | ||||||
11 | agencies operated in this State. The structure of the standards | ||||||
12 | shall be based on the concept of home services and its focus on | ||||||
13 | assistance with activities of daily living, housekeeping, | ||||||
14 | personal laundry, and companionship being provided to an | ||||||
15 | individual intended to enable that individual to remain safely | ||||||
16 | and comfortably in his or her own personal residence. As home | ||||||
17 | services do not include services that would be required to be | ||||||
18 | performed by an individual licensed under the Nurse Practice | ||||||
19 | Act, the standards shall be developed from a similar concept. | ||||||
20 | After consideration and recommendations by the Home Health and | ||||||
21 | Home Services Advisory Committee, the Department shall adopt | ||||||
22 | such rules and regulations as are necessary for the proper | ||||||
23 | regulation of home services agencies. Requirements for |
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1 | licensure as a home services agency shall include the | ||||||
2 | following: | ||||||
3 | (1) Compliance with the requirements of the Health Care | ||||||
4 | Worker Background Check Act. | ||||||
5 | (2) Notification, in a form and manner established by | ||||||
6 | the Department by rule, to home services workers and | ||||||
7 | consumers as to the party or parties responsible under | ||||||
8 | State and federal laws for payment of employment taxes, | ||||||
9 | social security taxes, and workers' compensation, | ||||||
10 | liability, the day-to-day supervision of workers, and the | ||||||
11 | hiring, firing, and discipline of workers with the | ||||||
12 | placement arrangement for home services. | ||||||
13 | (3) Compliance with rules, as adopted by the | ||||||
14 | Department, in regard to (i) reporting by the licensee of | ||||||
15 | any known or suspected incidences of abuse, neglect, or | ||||||
16 | financial exploitation of an eligible adult, as defined in | ||||||
17 | the Elder Abuse and Neglect Act, by a home services worker | ||||||
18 | employed by or placed by the licensee or (ii) reports to a | ||||||
19 | law enforcement agency in connection with any other | ||||||
20 | individual protected under the laws of the State of | ||||||
21 | Illinois. | ||||||
22 | (4) Compliance with rules, as adopted by the | ||||||
23 | Department, addressing the health, safety, and well-being | ||||||
24 | of clients receiving home services. | ||||||
25 | (b) The Department may establish fees for home services | ||||||
26 | agency licensure in rules in a manner that will make the |
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1 | program self-supporting. The amount of the licensure fees shall | ||||||
2 | be based on the funding required for operation of the licensure | ||||||
3 | program. Notwithstanding any other provision of this Section, | ||||||
4 | the Department may not charge any fee to a certified local | ||||||
5 | health department in connection with the licensure of a home | ||||||
6 | services agency.
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7 | (Source: P.A. 94-379, eff. 1-1-06; 95-639, eff. 10-5-07.) | ||||||
8 | (210 ILCS 55/6.7) | ||||||
9 | Sec. 6.7. Home nursing agencies; standards; fees. | ||||||
10 | (a) Before January 1, 2008, the Department shall adopt | ||||||
11 | standards for the licensure and operation of home nursing | ||||||
12 | agencies operated in this State. After consideration and | ||||||
13 | recommendations by the Home Health and Home Services Advisory | ||||||
14 | Committee, the Department shall adopt such rules as are | ||||||
15 | necessary for the proper regulation of home nursing agencies. | ||||||
16 | Requirements for licensure as a home nursing agency shall | ||||||
17 | include the following: | ||||||
18 | (1) Compliance with the requirements of the Health Care | ||||||
19 | Worker Background Check Act. | ||||||
20 | (2) Notification, in a form and manner established by | ||||||
21 | the Department by rule, to home nursing agency workers and | ||||||
22 | consumers as to the party or parties responsible under | ||||||
23 | State and federal laws for payment of employment taxes, | ||||||
24 | social security taxes, and workers' compensation, | ||||||
25 | liability, the day-to-day supervision of workers, and the |
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1 | hiring, firing, and discipline of workers with the | ||||||
2 | placement arrangement for home nursing services. | ||||||
3 | (3) Compliance with rules, as adopted by the | ||||||
4 | Department, in regard to (i) reporting by the licensee of | ||||||
5 | any known or suspected incidences of abuse, neglect, or | ||||||
6 | financial exploitation of an eligible adult, as defined in | ||||||
7 | the Elder Abuse and Neglect Act, by a home nursing care | ||||||
8 | worker employed by or placed by the licensee or (ii) | ||||||
9 | reports to a law enforcement agency in connection with any | ||||||
10 | other individual protected under the laws of the State of | ||||||
11 | Illinois. | ||||||
12 | (4) Compliance with rules, as adopted by the | ||||||
13 | Department, addressing the health, safety, and well-being | ||||||
14 | of clients receiving home nursing services. | ||||||
15 | (b) The Department may establish fees for home nursing | ||||||
16 | agency licensure in rules in a manner that will make the | ||||||
17 | program self-supporting. The amount of the licensure fees shall | ||||||
18 | be based on the funding required for the operation of the | ||||||
19 | licensure program. Notwithstanding any other provisions of | ||||||
20 | this Section, the Department may not charge any fee to a | ||||||
21 | certified local health department in connection with the | ||||||
22 | licensure of a home nursing agency.
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23 | (Source: P.A. 94-379, eff. 1-1-06.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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