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    AN ACT concerning regulation.

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


 
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    Section 5. The Home Health, Home Services, and Home Nursing 
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Agency Licensing Act is amended  by changing Sections 2.08, 6.3, 
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and 6.7 as follows:
 
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    (210 ILCS 55/2.08)
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    Sec. 2.08. "Home services agency" means an agency that 
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provides services directly, or acts as a placement agency, for 
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the purpose of placing individuals as workers providing home 
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services for consumers in their personal residences.  "Home 
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services agency" does not include agencies licensed under the 
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Nurse Agency Licensing Act, the Hospital Licensing Act, the 
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Nursing Home Care Act, or the Assisted Living and Shared 
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Housing Act and does not include an agency that limits its 
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business exclusively to providing housecleaning services.  
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Programs providing services exclusively through the Community 
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Care Program of the Illinois Department on Aging, or the 
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Department of Human Services Office of Rehabilitation 
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Services, or the United States Department of Veterans Affairs 
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are not considered to be a home services agency under this Act.

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(Source: P.A. 94-379, eff. 1-1-06.)
 
 


 






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    (210 ILCS 55/6.3)
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    Sec. 6.3. Home services agencies; standards; fees.
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    (a) Before January 1, 2008, the Department shall adopt 
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standards for the licensure and operation of home services 
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agencies operated in this State.  The structure of the standards 
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shall be based on the concept of home services and its focus on 
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assistance with activities of daily living, housekeeping, 
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personal laundry, and companionship being provided to an 
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individual intended to enable that individual to remain safely 
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and comfortably in his or her own personal residence.  As home 
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services do not include services that would be required to be 
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performed by an individual licensed under the Nurse Practice 
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Act, the standards shall be developed from a similar concept.  
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After consideration and recommendations by the Home Health and 
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Home Services Advisory Committee, the Department shall adopt 
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such rules and regulations as are necessary for the proper 
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regulation of home services agencies.  Requirements for 
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licensure as a home services agency shall include the 
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following:
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        (1) Compliance with the requirements of the Health Care 
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    Worker Background Check Act.
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        (2) Notification, in a form and manner established by 
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    the Department by rule, to home services workers and 
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    consumers as to the party or parties responsible under 
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    State and federal laws for payment of employment taxes, 
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    social security taxes, and workers' compensation, 
 


 






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    liability, the day-to-day supervision of workers, and the 
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    hiring, firing, and discipline of workers with the 
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    placement arrangement for home services.
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        (3) Compliance with rules, as adopted by the 
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    Department, in regard to (i) reporting by the licensee of 
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    any known or suspected incidences of abuse, neglect, or 
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    financial exploitation of an eligible adult, as defined in 
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    the Elder Abuse and Neglect Act, by a home services worker 
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    employed by or placed by the licensee or (ii) reports to a 
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    law enforcement agency in connection with any other 
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    individual protected under the laws of the State of 
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    Illinois.
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        (4) Compliance with rules, as adopted by the 
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    Department, addressing the health, safety, and well-being 
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    of clients receiving home services.
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    (b) The Department may establish fees for home services 
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agency licensure in rules in a manner that will make the 
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program self-supporting.  The amount of the licensure fees shall 
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be based on the funding required for operation of the licensure 
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program. Notwithstanding any other provision of this Section, 
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the Department may not charge any fee to a certified local 
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health department in connection with the licensure of a home 
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services agency. 

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(Source: P.A. 94-379, eff. 1-1-06; 95-639, eff. 10-5-07.)
 
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    (210 ILCS 55/6.7)
 


 






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    Sec. 6.7. Home nursing agencies; standards; fees.
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    (a) Before January 1, 2008, the Department shall adopt 
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standards for the licensure and operation of home nursing 
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agencies operated in this State.  After consideration and 
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recommendations by the Home Health and Home  Services Advisory 
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Committee, the Department shall adopt such rules as are 
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necessary for the proper regulation of home nursing agencies.  
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Requirements for licensure as a home nursing agency shall 
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include the following:
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        (1) Compliance with the requirements of the Health Care 
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    Worker Background Check Act.
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        (2) Notification, in a form and manner established by 
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    the Department by rule, to home nursing agency workers and 
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    consumers as to the party or parties responsible under 
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    State and federal laws for payment of employment taxes, 
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    social security taxes, and workers' compensation, 
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    liability, the day-to-day supervision of workers, and the 
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    hiring, firing, and discipline of workers with the 
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    placement arrangement for home nursing services.
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        (3) Compliance with rules, as adopted by the 
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    Department, in regard to (i) reporting by the licensee of 
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    any known or suspected incidences of abuse, neglect, or 
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    financial exploitation of an eligible adult, as defined in 
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    the Elder Abuse and Neglect Act, by a home nursing care 
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    worker employed by or placed by the licensee or (ii) 
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    reports to a law enforcement agency in connection with any 
 


 






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    other individual protected under the laws of the State of 
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    Illinois.
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        (4) Compliance with rules, as adopted by the 
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    Department, addressing the health, safety, and well-being 
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    of clients receiving home nursing services.
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    (b) The Department may establish fees for home nursing 
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agency licensure in rules in a manner that will make the 
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program self-supporting.  The amount of the licensure fees shall 
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be based on the funding required for the operation of the 
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licensure program. Notwithstanding any other provision of this 
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Section, the Department may not charge any fee to a certified 
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local health department in connection with the licensure of a 
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home nursing agency. 

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(Source: P.A. 94-379, eff. 1-1-06.)
 

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