Full Text of SB0026 94th General Assembly
SB0026ham001 94TH GENERAL ASSEMBLY
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Human Services Committee
Adopted in House Comm. on May 24, 2005
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| AMENDMENT TO SENATE BILL 26
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| AMENDMENT NO. ______. Amend Senate Bill 26 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Assisted Living and Shared Housing Act is | 5 |
| amended by changing Section 75 as follows:
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| (210 ILCS 9/75)
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| Sec. 75. Residency Requirements.
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| (a) No individual shall be accepted for residency or remain | 9 |
| in residence if
the
establishment cannot provide or secure | 10 |
| appropriate
services, if the individual
requires a level of | 11 |
| service or type of service for which the establishment is
not | 12 |
| licensed or
which the establishment does not provide, or if the | 13 |
| establishment does not have
the staff
appropriate in numbers | 14 |
| and with appropriate skill to provide such services.
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| (b) Only adults may be accepted for residency.
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| (c) A person shall not be accepted for residency if:
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| (1) the person poses a serious threat to himself or | 18 |
| herself or to others;
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| (2) the person is not able to communicate his or her | 20 |
| needs and no
resident representative
residing in the | 21 |
| establishment, and with a prior relationship to the person,
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| has been appointed to direct the provision of
services;
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| (3) the person requires total assistance with 2 or more | 24 |
| activities of
daily
living;
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| (4) the person requires the assistance of more than one | 2 |
| paid caregiver at
any given time
with an activity of daily | 3 |
| living;
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| (5) the person requires more than minimal assistance in | 5 |
| moving to a safe
area in an
emergency;
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| (6) the person has a severe mental illness, which for | 7 |
| the purposes of
this Section
means a condition that is | 8 |
| characterized by the presence of a major mental
disorder
as | 9 |
| classified in the Diagnostic and Statistical Manual of | 10 |
| Mental Disorders,
Fourth
Edition (DSM-IV) (American | 11 |
| Psychiatric Association, 1994), where the individual
is | 12 |
| substantially disabled due to mental illness in the areas | 13 |
| of
self-maintenance,
social functioning, activities of | 14 |
| community living and work skills, and the
disability
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| specified is expected to be present for a period of not | 16 |
| less than one year, but
does not
mean Alzheimer's disease | 17 |
| and other forms of dementia based on organic or
physical | 18 |
| disorders;
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| (7) the person requires intravenous therapy or | 20 |
| intravenous feedings
unless self-administered or | 21 |
| administered by a qualified, licensed health care
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| professional;
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| (8) the person requires gastrostomy feedings unless | 24 |
| self-administered or
administered
by a licensed health | 25 |
| care professional;
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| (9) the person requires insertion, sterile irrigation, | 27 |
| and replacement of
catheter, except
for routine | 28 |
| maintenance of urinary catheters, unless the catheter care | 29 |
| is
self-administered or administered by a licensed health | 30 |
| care professional;
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| (10) the person requires sterile wound care unless care | 32 |
| is
self-administered or
administered by a licensed health | 33 |
| care professional;
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| (11) the person requires sliding scale insulin |
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| administration unless
self-performed or
administered by a | 2 |
| licensed health care professional;
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| (12) the person is a diabetic requiring routine insulin | 4 |
| injections unless
the injections
are self-administered or | 5 |
| administered by a licensed health care professional;
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| (13) the person requires treatment of stage 3 or stage | 7 |
| 4 decubitus ulcers
or exfoliative
dermatitis;
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| (14) the person requires 5 or more skilled nursing | 9 |
| visits per week for
conditions other
than those listed in | 10 |
| items (13) and (15) of this subsection for a
period of 3
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| consecutive weeks or more except when the course of | 12 |
| treatment is expected to
extend beyond a 3 week period for | 13 |
| rehabilitative purposes and is certified as
temporary by a | 14 |
| physician; or
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| (15) other reasons prescribed by the Department by | 16 |
| rule.
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| (d) A resident with a condition listed in items (1) through | 18 |
| (15) of
subsection (c) shall have
his or her residency | 19 |
| terminated.
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| (e) Residency shall be terminated when services available | 21 |
| to the resident
in
the establishment
are no longer adequate to | 22 |
| meet the needs of the resident. This provision shall
not
be | 23 |
| interpreted as
limiting the authority of the Department to | 24 |
| require the residency termination
of individuals.
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| (f) Subsection (d) of this Section shall not apply to
| 26 |
| terminally
ill residents who
receive or would qualify for | 27 |
| hospice care and such care is coordinated by
a hospice program | 28 |
| licensed
under the Hospice
Program
Licensing Act or other | 29 |
| licensed health care professional employed by a
licensed home | 30 |
| health
agency and the establishment and all parties agree to | 31 |
| the continued residency.
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| (g) Items (3), (4), (5), and (9) of subsection (c) shall | 33 |
| not apply to
a quadriplegic, paraplegic, or
individual with | 34 |
| neuro-muscular diseases, such as muscular dystrophy and
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| multiple
sclerosis, or other chronic diseases and conditions as | 2 |
| defined by rule if the
individual is able
to communicate his or | 3 |
| her needs and does not require assistance with complex
medical
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| problems, and the establishment is able to accommodate the | 5 |
| individual's needs.
The Department shall prescribe rules | 6 |
| pursuant to this Section that address
special safety and | 7 |
| service needs of these individuals.
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| (h) For the purposes of items (7) through (11) of | 9 |
| subsection (c), a
licensed health care professional may not
be | 10 |
| employed by the owner or operator of the establishment, its | 11 |
| parent entity,
or any other entity with ownership common to | 12 |
| either the owner or operator of
the establishment or parent | 13 |
| entity, including but not limited to an affiliate
of the owner | 14 |
| or operator of the establishment. Nothing in this Section is
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| meant to limit a resident's right to
choose his or her health | 16 |
| care provider.
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| (Source: P.A. 93-141, eff. 7-10-03.)
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| Section 10. The Hospice Program Licensing Act is amended by | 19 |
| changing Sections 2, 3, 4, 5, 8, and 9 and by adding Sections | 20 |
| 4.5, 8.5, and 8.10 as follows:
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| (210 ILCS 60/2) (from Ch. 111 1/2, par. 6102)
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| Sec. 2. Purpose. The intent of this Act is to ensure | 23 |
| quality hospice care to consumers in the State of Illinois
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| legislation is to encourage the orderly
development of hospice | 25 |
| programs which provide supportive and palliative
care to | 26 |
| terminally ill persons and their families during the final | 27 |
| stages
of their illness and during dying and bereavement. It is | 28 |
| the intent of
the General Assembly that persons requiring the | 29 |
| services of hospice programs
be assured the best quality of | 30 |
| care during their time of need and vulnerability .
This is to be | 31 |
| accomplished through the development, establishment and | 32 |
| enforcement
of standards governing the care provided by hospice |
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| programs.
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| (Source: P.A. 83-457.)
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| (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
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| Sec. 3. Definitions. As used in this Act, unless the | 5 |
| context otherwise
requires:
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| (a) "Bereavement" means the period of time during which the | 7 |
| hospice
patient's family experiences and adjusts to the death | 8 |
| of the hospice patient.
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| (a-5) "Bereavement services" means counseling services | 10 |
| provided to an individual's family after the individual's | 11 |
| death. | 12 |
| (a-10) "Attending physician" means a physician who: | 13 |
| (1) is a doctor of medicine or osteopathy; and | 14 |
| (2) is identified by an individual, at the time the | 15 |
| individual elects to receive hospice care, as having the | 16 |
| most significant role in the determination and delivery of | 17 |
| the individual's medical care.
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| (b) "Department" means the Illinois Department of Public | 19 |
| Health.
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| (c) "Director" means the Director of the Illinois | 21 |
| Department of Public
Health.
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| (d) " Hospice care
Full hospice " means a coordinated program | 23 |
| of palliative care that provides for the physical, emotional, | 24 |
| and spiritual care needs of a terminally ill patient and his or | 25 |
| her family. The goal of such care is to achieve the highest | 26 |
| quality of life as defined by the patient and his or her family | 27 |
| through the relief of suffering and control of symptoms.
home | 28 |
| and inpatient care
providing directly, or through agreement, | 29 |
| palliative and supportive medical,
health and other services to | 30 |
| terminally ill patients and their families.
A full hospice | 31 |
| utilizes a medically directed interdisciplinary hospice care
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| team of professionals and volunteers. The program provides care | 33 |
| to meet
the physical, psychological, social, spiritual and |
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| other special needs which
are experienced during the final | 2 |
| stages of illness and during dying and
bereavement. Home care | 3 |
| is to be provided on a part-time, intermittent,
regularly | 4 |
| scheduled basis, and on an on-call around-the-clock basis
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| according to patient and family need.
To the maximum extent | 6 |
| possible, care shall be furnished in the patient's
home. Should | 7 |
| in-patient care be required, services are to be provided with
| 8 |
| the intent of minimizing the length of such care and shall only | 9 |
| be provided
in a hospital licensed under the Hospital Licensing | 10 |
| Act, or a skilled nursing
facility licensed under the Nursing | 11 |
| Home Care Act.
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| (e) "Hospice care team" means an interdisciplinary group or | 13 |
| groups composed of individuals who provide or supervise the | 14 |
| care and services offered by the hospice.
working unit composed
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| of but not limited to a physician licensed to practice medicine | 16 |
| in all of
its branches, a nurse licensed
pursuant to the | 17 |
| Nursing and
Advanced Practice Nursing Act, a social worker, a | 18 |
| pastoral or
other
counselor, and trained
volunteers. The | 19 |
| patient and the patient's family are considered members of
the | 20 |
| hospice care team when development or revision of the patient's | 21 |
| plan of
care takes place.
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| (f) "Hospice patient" means a terminally ill person | 23 |
| receiving hospice
services.
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| (g) "Hospice patient's family" means a hospice patient's | 25 |
| immediate family
consisting of a spouse, sibling, child, parent | 26 |
| and those individuals designated
as such by the patient for the | 27 |
| purposes of this Act.
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| (g-1) "Hospice residence" means a separately licensed | 29 |
| home, apartment building, or similar
building providing living | 30 |
| quarters:
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| (1) that is owned or operated by a person licensed to | 32 |
| operate as a comprehensive
full
hospice; and
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| (2) at which hospice services are provided to facility | 34 |
| residents.
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| A building that is licensed under the Hospital Licensing | 2 |
| Act or the Nursing
Home Care Act is not a hospice residence.
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| (h) "Hospice services" means a range of professional and | 4 |
| other supportive services provided to a hospice patient and his | 5 |
| or her family. These services may include, but are not limited | 6 |
| to, physician services, nursing services, medical social work | 7 |
| services, spiritual counseling services, bereavement services, | 8 |
| and volunteer services.
palliative and supportive care | 9 |
| provided to
a hospice patient and his family to meet the | 10 |
| special need arising out of
the physical, emotional, spiritual | 11 |
| and social stresses which are experienced
during the final | 12 |
| stages of illness and during dying and bereavement. Services
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| provided to the terminally ill patient shall be furnished, to | 14 |
| the maximum
extent possible, in the patient's home. Should | 15 |
| inpatient care be required,
services are to be provided with | 16 |
| the intent of minimizing the length of such
care.
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| (h-5) "Hospice program" means a licensed public agency or | 18 |
| private organization, or a subdivision of either of those, that | 19 |
| is primarily engaged in providing care to terminally ill | 20 |
| individuals through a program of home care or inpatient care, | 21 |
| or both home care and inpatient care, utilizing a medically | 22 |
| directed interdisciplinary hospice care team of professionals | 23 |
| or volunteers, or both professionals and volunteers. A hospice | 24 |
| program may be licensed as a comprehensive hospice program or a | 25 |
| volunteer hospice program.
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| (h-10) "Comprehensive hospice" means a program that | 27 |
| provides hospice services and meets the minimum standards for | 28 |
| certification under the Medicare program set forth in the | 29 |
| Conditions of Participation in 42 CFR Part 418 but is not | 30 |
| required to be Medicare-certified.
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| (i) "Palliative care" means the management of pain and | 32 |
| other distressing symptoms that incorporates medical, nursing, | 33 |
| psychosocial, and spiritual care according to the needs, | 34 |
| values, beliefs, and culture or cultures of the patient and his |
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| or her family. The evaluation and treatment is | 2 |
| patient-centered, with a focus on the central role of the | 3 |
| family unit in decision-making.
treatment to provide for the | 4 |
| reduction or
abatement of pain and other troubling symptoms, | 5 |
| rather than treatment aimed
at investigation and intervention | 6 |
| for the purpose of cure or inappropriate
prolongation of life.
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| (j) "Hospice service plan" means a plan detailing the | 8 |
| specific hospice
services offered by a comprehensive
full or | 9 |
| volunteer
hospice program , and the administrative
and direct | 10 |
| care personnel responsible for those services. The plan shall
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| include but not be limited to:
| 12 |
| (1) Identification of the person or persons | 13 |
| administratively responsible
for the program.
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| (2) The estimated average monthly patient census.
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| (3) The proposed geographic area the hospice will | 16 |
| serve.
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| (4) A listing of those hospice services provided | 18 |
| directly by the hospice,
and those hospice services | 19 |
| provided indirectly through a contractual agreement.
| 20 |
| (5) The name and qualifications of those persons or | 21 |
| entities under
contract
to provide indirect hospice | 22 |
| services.
| 23 |
| (6) The name and qualifications of those persons | 24 |
| providing direct hospice
services, with the exception of | 25 |
| volunteers.
| 26 |
| (7) A description of how the hospice plans to utilize | 27 |
| volunteers in the
provision of hospice services.
| 28 |
| (8) A description of the program's record keeping | 29 |
| system.
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| (k) "Terminally ill" means a medical prognosis by a | 31 |
| physician licensed
to practice medicine in all of its branches | 32 |
| that a patient has an anticipated
life expectancy of one year | 33 |
| or less.
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| (l) "Volunteer" means a person who offers his or her |
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| services to a hospice
without compensation. Reimbursement for a | 2 |
| volunteer's expenses in providing
hospice service shall not be | 3 |
| considered compensation.
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| (l-5) "Employee" means a paid or unpaid member of the staff | 5 |
| of a hospice program, or, if the hospice program is a | 6 |
| subdivision of an agency or organization, of the agency or | 7 |
| organization, who is appropriately trained and assigned to the | 8 |
| hospice program. "Employee" also means a volunteer whose duties | 9 |
| are prescribed by the hospice program and whose performance of | 10 |
| those duties is supervised by the hospice program. | 11 |
| (l-10) "Representative" means an individual who has been | 12 |
| authorized under
State law to terminate an individual's medical | 13 |
| care or to elect or revoke the election of hospice care on | 14 |
| behalf of a terminally ill individual who is mentally or | 15 |
| physically incapacitated.
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| (m) "Volunteer hospice" means a program which provides | 17 |
| hospice services
to patients regardless of their ability to | 18 |
| pay, with emphasis on the
utilization of volunteers to provide | 19 |
| services, under the administration of
a not-for-profit agency. | 20 |
| This definition does not prohibit the employment of
staff.
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| (Source: P.A. 93-319, eff. 7-23-03.)
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| (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
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| Sec. 4. License.
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| (a) No person shall establish, conduct or maintain a | 25 |
| comprehensive
full or volunteer hospice program without first | 26 |
| obtaining a license from the
Department. A hospice residence | 27 |
| may be operated only at the locations listed
on the license. A | 28 |
| comprehensive
full hospice program owning or operating a | 29 |
| hospice residence is not
subject to the provisions of the | 30 |
| Nursing Home Care Act in owning or operating a
hospice | 31 |
| residence.
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| (b) No public or private agency shall advertise or present | 33 |
| itself to the
public as a comprehensive
full or volunteer |
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| hospice program which provides hospice services without
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| meeting the provisions of subsection (a).
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| (c) The license shall be valid only in the possession
of | 4 |
| the hospice to which it was originally issued and shall not be
| 5 |
| transferred or assigned to any other person, agency, or | 6 |
| corporation.
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| (d) The license shall be renewed annually.
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| (e) The license shall be displayed in a conspicuous place | 9 |
| inside the hospice
program office.
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| (Source: P.A. 93-319, eff. 7-23-03.)
| 11 |
| (210 ILCS 60/4.5 new) | 12 |
| Sec. 4.5. Provisional license. Every licensed hospice | 13 |
| program in operation on the effective date of this Act that | 14 |
| does not meet all of the requirements for a comprehensive | 15 |
| hospice program or a volunteer hospice program as set forth in | 16 |
| this Act shall be deemed to hold a provisional license to | 17 |
| continue that operation on and after that date. The provisional | 18 |
| license shall remain in effect for one year after the effective | 19 |
| date of this Act or until the Department issues a regular | 20 |
| license under Section 4, whichever is earlier. The Department | 21 |
| may coordinate the issuance of a regular hospice program | 22 |
| license under Section 4 with the renewal date of the license | 23 |
| that is in effect on the effective date of this Act.
| 24 |
| (210 ILCS 60/5) (from Ch. 111 1/2, par. 6105)
| 25 |
| Sec. 5. Application for License. An application for license | 26 |
| or renewal
thereof to operate as a comprehensive
full or | 27 |
| volunteer hospice program shall be made to the
Department upon | 28 |
| forms provided by it, and shall contain information
reasonably | 29 |
| required by the Department, taking into consideration the
| 30 |
| different categories of hospice programs. The application | 31 |
| shall be accompanied by:
| 32 |
| (1) The hospice service plan;
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| (2) A financial statement containing information | 2 |
| deemed appropriate by
the Department for the category of | 3 |
| the applicant; and
| 4 |
| (3) A uniform license fee determined by the Department | 5 |
| based on the hospice
program's category.
| 6 |
| A licensed comprehensive hospice or volunteer hospice that | 7 |
| is in operation on the effective date of this Act may be issued | 8 |
| a comprehensive hospice program license under Section 4 if the | 9 |
| hospice program meets the requirements for a comprehensive | 10 |
| hospice program set forth in this Act.
| 11 |
| (Source: P.A. 84-427.)
| 12 |
| (210 ILCS 60/8) (from Ch. 111 1/2, par. 6108)
| 13 |
| Sec. 8. General Requirements for hospice programs
Full | 14 |
| Hospices . Every hospice program
Full hospices shall comply
with | 15 |
| the following requirements : .
| 16 |
| (a) The hospice program's services shall include physician | 17 |
| services, nursing
services, medical social work services, | 18 |
| bereavement services
counseling , and volunteer services.
These | 19 |
| services shall be
coordinated with those of the hospice | 20 |
| patient's primary or attending physician and shall be | 21 |
| substantially provided by hospice program employees . The | 22 |
| hospice program must make nursing services, medical social work | 23 |
| services, volunteer services, and bereavement services | 24 |
| available on a 24-hour basis to the extent necessary to meet | 25 |
| the needs of individuals for care that is reasonable and | 26 |
| necessary for the palliation and management of terminal illness | 27 |
| and related conditions. The hospice program must provide these | 28 |
| services in a manner consistent with the standards for | 29 |
| certification under the Medicare program set forth in the | 30 |
| Conditions of Participation in 42 CFR Part 418. Hospice | 31 |
| services, as defined in Section 3, may be furnished in a home | 32 |
| or inpatient setting, with the intent of minimizing the length | 33 |
| of inpatient care. The home care component shall be the primary |
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| form of care and shall be available on a part-time, | 2 |
| intermittent, regularly-scheduled basis.
| 3 |
| (a-5) The hospice program must have a governing body that | 4 |
| designates an individual responsible for the day-to-day | 5 |
| management of the hospice service plan. The governing body must | 6 |
| also ensure that all services are provided in accordance with | 7 |
| accepted standards of practice and shall assume full legal | 8 |
| responsibility for determining, implementing, and maintaining | 9 |
| the hospice program's total operation. | 10 |
| (a-10) The hospice program must fully disclose in writing | 11 |
| to any hospice patient, or to any hospice patient's family or | 12 |
| representative, prior to the patient's admission, the hospice | 13 |
| services available from the hospice program and the hospice | 14 |
| services for which the hospice patient may be eligible under | 15 |
| the patient's third-party payer plan (that is, Medicare, | 16 |
| Medicaid, the Veterans Administration, private insurance, or | 17 |
| other plans). | 18 |
| (b) The hospice program shall coordinate its services with | 19 |
| professional
and nonprofessional services already in the | 20 |
| community. The program may
contract out for elements of its | 21 |
| services; however, direct patient contact
and overall | 22 |
| coordination of hospice services shall be maintained by the
| 23 |
| hospice care team. Any contract entered into between a hospice | 24 |
| and
a health care facility or service provider shall specify | 25 |
| that the hospice
retain the responsibility for planning and | 26 |
| coordinating hospice services
and care on behalf of a hospice | 27 |
| patient and his family. All contracts shall
be in compliance | 28 |
| with this Act. No hospice which contracts for any hospice
| 29 |
| service shall charge fees for services provided directly by the | 30 |
| hospice
care team which duplicate contractual services | 31 |
| provided to the individual
patient or his family.
| 32 |
| (c) The hospice program must have functioning hospice care | 33 |
| teams that develop the hospice patient plans of care in | 34 |
| accordance with the standards for certification under the |
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| Medicare program set forth in the Conditions of Participation | 2 |
| in 42 CFR Part 418.
The hospice care team shall be responsible | 3 |
| for the coordination of
home and inpatient care.
| 4 |
| (c-5) A hospice patient's plan of care must be established | 5 |
| and maintained for each
individual admitted to a hospice | 6 |
| program, and the services provided to an
individual must be in | 7 |
| accordance with the individual's plan of care. The plans of | 8 |
| care must be established and maintained in accordance with the | 9 |
| standards for certification under the Medicare program set | 10 |
| forth in the Conditions of Participation in 42 CFR Part 418.
| 11 |
| (d) The hospice program shall have a medical director who | 12 |
| shall be a doctor of medicine or osteopathy and
physician
| 13 |
| licensed to practice medicine in all of its branches. The | 14 |
| medical
director shall have overall responsibility for medical | 15 |
| direction of the patient
care component of the hospice program
| 16 |
| and treatment of patients and their families rendered by the | 17 |
| hospice
care team, and shall consult and cooperate with the | 18 |
| patient's attending physician.
| 19 |
| (e) The hospice program shall have a bereavement program | 20 |
| which shall provide
a continuum of supportive services for the | 21 |
| family after the patient's death. The bereavement services must | 22 |
| be provided in accordance with the standards for certification | 23 |
| under the Medicare program set forth in the Conditions of | 24 |
| Participation in 42 CFR Part 418 .
| 25 |
| (f) The hospice program shall foster independence of the | 26 |
| patient and his
family by providing training, encouragement and | 27 |
| support so that the patient
and family can care for themselves | 28 |
| as much as possible.
| 29 |
| (g) The hospice program shall not impose the dictates of | 30 |
| any value or
belief system on its patients and their families.
| 31 |
| (h) The hospice program shall clearly define its admission | 32 |
| criteria.
Decisions on admissions shall be made by a hospice | 33 |
| care team and shall be
dependent upon the expressed request and | 34 |
| informed consent of the patient
or the patient's legal |
|
|
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| 1 |
| guardian. For purposes of this Act, "informed consent" means | 2 |
| that a hospice program must demonstrate respect for an | 3 |
| individual's rights by ensuring that an informed consent form | 4 |
| that specifies the type of care and services that may be | 5 |
| provided as hospice care during the course of the patient's | 6 |
| illness has been obtained for every hospice patient, either | 7 |
| from the patient or from the patient's representative.
| 8 |
| (i) The hospice program shall keep accurate, current , and | 9 |
| confidential
records on all hospice patients and their families | 10 |
| in accordance with the standards for certification under the | 11 |
| Medicare program set forth in the Conditions of Participation | 12 |
| in 42 CFR Part 418, except that standards or conditions in | 13 |
| connection with Medicare or Medicaid election forms do not | 14 |
| apply to patients receiving hospice care at no charge .
| 15 |
| (j) The hospice program shall utilize the services of | 16 |
| trained volunteers in accordance with the standards for | 17 |
| certification under the Medicare program set forth in the | 18 |
| Conditions of Participation in 42 CFR Part 418 .
| 19 |
| (k) (Blank).
The hospice program shall consist of both home | 20 |
| care and inpatient
care which incorporates the following | 21 |
| characteristics:
| 22 |
| (1) The home care component shall be the primary form | 23 |
| of care, and shall
be available on a part-time, | 24 |
| intermittent, regularly scheduled basis and
on an on-call | 25 |
| around-the-clock basis, according to patient and family | 26 |
| need.
| 27 |
| (2) The inpatient component shall primarily be used | 28 |
| only for short-term stays.
| 29 |
| If possible, inpatient care should closely approximate a | 30 |
| home-like environment,
and provide overnight family visitation | 31 |
| within the facility.
| 32 |
| (l) The hospice program must maintain professional | 33 |
| management responsibility for hospice care and ensure that | 34 |
| services are furnished in a safe and effective manner by |
|
|
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| 1 |
| persons meeting the qualifications as defined in this Act and | 2 |
| in accordance with the patient's plan of care. | 3 |
| (m) The hospice program must conduct a quality assurance | 4 |
| program in accordance with the standards for certification | 5 |
| under the Medicare program set forth in the Conditions of | 6 |
| Participation in 42 CFR Part 418.
| 7 |
| (n) Where applicable, every hospice program employee must | 8 |
| be licensed, certified, or registered in accordance with | 9 |
| federal, State, and local laws and regulations. | 10 |
| (o) The hospice program shall provide an ongoing program | 11 |
| for the training and education of its employees appropriate to | 12 |
| their responsibilities. | 13 |
| (Source: P.A. 83-457.)
| 14 |
| (210 ILCS 60/8.5 new) | 15 |
| Sec. 8.5. Additional requirements; comprehensive hospice | 16 |
| program. In addition to complying with the standards prescribed | 17 |
| by the Department under Section 9 and complying with all other | 18 |
| applicable requirements under this Act, a comprehensive | 19 |
| hospice program must meet the minimum standards for | 20 |
| certification under the Medicare program set forth in the | 21 |
| Conditions of Participation in 42 CFR Part 418. | 22 |
| (210 ILCS 60/8.10 new) | 23 |
| Sec. 8.10. Additional requirements; volunteer hospice | 24 |
| program. In addition to complying with the standards prescribed | 25 |
| by the Department under Section 9 and complying with all other | 26 |
| applicable requirements under this Act, a volunteer hospice | 27 |
| program must do the following: | 28 |
| (1) Provide hospice care to patients regardless of | 29 |
| their ability to pay, with emphasis on the utilization of | 30 |
| volunteers to provide services. Nothing in this paragraph | 31 |
| prohibits a volunteer hospice program from employing paid | 32 |
| staff, however. |
|
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| 1 |
| (2) Provide services not required under subsection (a) | 2 |
| of Section 8 in accordance with generally accepted | 3 |
| standards of practice and in accordance with applicable | 4 |
| local, State, and federal laws.
| 5 |
| (3) Include the word "Volunteer" in its corporate name | 6 |
| and in all verbal and written communications to patients, | 7 |
| patients' families and representatives, and the community | 8 |
| and public at large. | 9 |
| (4) Provide information regarding other hospice care | 10 |
| providers available in the hospice program's service area.
| 11 |
| (210 ILCS 60/9) (from Ch. 111 1/2, par. 6109)
| 12 |
| Sec. 9. Standards. The Department shall prescribe, by | 13 |
| regulation,
minimum standards for licensed hospice programs.
| 14 |
| (a)
The standards for all hospice programs
full hospices | 15 |
| shall
include , but not be limited to , the following :
| 16 |
| (1) (Blank).
Compliance with the requirements in | 17 |
| Section 8.
| 18 |
| (2) The number and qualifications of persons providing | 19 |
| direct hospice
services.
| 20 |
| (3) The qualifications of those persons contracted | 21 |
| with to provide
indirect
hospice services.
| 22 |
| (4) The palliative and supportive care and bereavement | 23 |
| counseling provided
to a hospice patient and his family.
| 24 |
| (5) Hospice services provided on an inpatient basis.
| 25 |
| (6) Utilization review of patient care.
| 26 |
| (7) The quality of care provided to patients.
| 27 |
| (8) Procedures for the accurate and centralized | 28 |
| maintenance of records
on hospice services provided to | 29 |
| patients and their families.
| 30 |
| (9) The use of volunteers in the hospice program, and | 31 |
| the training of
those volunteers.
| 32 |
| (10) The rights of the patient and the patient's | 33 |
| family.
|
|
|
|
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| 1 |
| (b) (Blank).
The standards for volunteer hospice programs | 2 |
| shall include but not be
limited to:
| 3 |
| (1) The direct and indirect services provided by the | 4 |
| hospice, including
the qualifications of personnel | 5 |
| providing medical care.
| 6 |
| (2) Quality review of the services provided by the | 7 |
| hospice program.
| 8 |
| (3) Procedures for the accurate and centralized | 9 |
| maintenance of records
on hospice services provided to | 10 |
| patients and their families.
| 11 |
| (4) The rights of the patient and the patient's family.
| 12 |
| (5) The use of volunteers in the hospice program.
| 13 |
| (6) The disclosure to the patients of the range of | 14 |
| hospice services
provided and not provided by the hospice | 15 |
| program.
| 16 |
| (c) The standards for hospices owning or operating hospice | 17 |
| residences
shall address the following:
| 18 |
| (1) The safety, cleanliness, and general adequacy of | 19 |
| the premises,
including provision for maintenance of fire | 20 |
| and health standards that conform
to State laws and | 21 |
| municipal codes, to provide for the physical comfort,
| 22 |
| well-being, care, and protection of the residents.
| 23 |
| (2) Provisions and criteria for admission, discharge, | 24 |
| and transfer of
residents.
| 25 |
| (3) Fee and other contractual agreements with | 26 |
| residents.
| 27 |
| (4) Medical and supportive services for residents.
| 28 |
| (5) Maintenance of records and residents' right of | 29 |
| access of those
records.
| 30 |
| (6) Procedures for reporting abuse or neglect of | 31 |
| residents.
| 32 |
| (7) The number of persons who may be served in a | 33 |
| residence, which shall
not exceed 16 persons per location.
| 34 |
| (8) The ownership, operation, and maintenance of |
|
|
|
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| 1 |
| buildings containing a
hospice residence.
| 2 |
| (9) The number of licensed hospice residences
shall not | 3 |
| exceed 6 before December
31, 1996 and shall not exceed 12 | 4 |
| before December 31, 1997. The Department
shall conduct a | 5 |
| study of the benefits of hospice residences and make a
| 6 |
| recommendation to the General Assembly as to the need to | 7 |
| limit the number of
hospice residences after June 30, 1997.
| 8 |
| (d)
In developing the standards for hospices, the | 9 |
| Department shall take
into consideration the category of the | 10 |
| hospice programs.
| 11 |
| (Source: P.A. 89-278, eff. 8-10-95.)
| 12 |
| Section 15. The Health Care Worker Background Check Act is | 13 |
| amended by changing Section 15 as follows:
| 14 |
| (225 ILCS 46/15)
| 15 |
| Sec. 15. Definitions. For the purposes of this Act, the | 16 |
| following
definitions apply:
| 17 |
| "Applicant" means an individual seeking employment with a | 18 |
| health care
employer who has received a bona fide conditional | 19 |
| offer of employment.
| 20 |
| "Conditional offer of employment" means a bona fide offer | 21 |
| of employment by a
health care employer to an applicant, which | 22 |
| is contingent upon the receipt of a
report from the Department | 23 |
| of State Police indicating that the applicant does
not have a | 24 |
| record of conviction of any of the criminal offenses enumerated | 25 |
| in
Section 25.
| 26 |
| "Direct care" means the provision of nursing care or | 27 |
| assistance with feeding,
dressing, movement, bathing, | 28 |
| toileting, or other personal needs. The entity
responsible for | 29 |
| inspecting and licensing, certifying, or registering the
| 30 |
| health care employer may, by administrative rule, prescribe | 31 |
| guidelines for
interpreting this definition with regard to the | 32 |
| health care employers that it
licenses.
|
|
|
|
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| 1 |
| "Health care employer" means:
| 2 |
| (1) the owner or licensee of any of the
following:
| 3 |
| (i) a community living facility, as defined in the | 4 |
| Community Living
Facilities Act;
| 5 |
| (ii) a life care facility, as defined in the Life | 6 |
| Care Facilities Act;
| 7 |
| (iii) a long-term care facility, as defined in the | 8 |
| Nursing Home Care Act;
| 9 |
| (iv) a home health agency, as defined in the Home | 10 |
| Health Agency Licensing
Act;
| 11 |
| (v) a comprehensive
full hospice program or | 12 |
| volunteer hospice program , as defined in the Hospice | 13 |
| Program Licensing Act;
| 14 |
| (vi) a hospital, as defined in the Hospital | 15 |
| Licensing Act;
| 16 |
| (vii) a community residential alternative, as | 17 |
| defined in the Community
Residential Alternatives | 18 |
| Licensing Act;
| 19 |
| (viii) a nurse agency, as defined in the Nurse | 20 |
| Agency Licensing Act;
| 21 |
| (ix) a respite care provider, as defined in the | 22 |
| Respite Program Act;
| 23 |
| (ix-a) an establishment licensed under the | 24 |
| Assisted Living and Shared
Housing Act;
| 25 |
| (x) a supportive living program, as defined in the | 26 |
| Illinois Public Aid
Code;
| 27 |
| (xi) early childhood intervention programs as | 28 |
| described in 59 Ill. Adm.
Code 121;
| 29 |
| (xii) the University of Illinois Hospital, | 30 |
| Chicago;
| 31 |
| (xiii) programs funded by the Department on Aging | 32 |
| through the Community
Care Program;
| 33 |
| (xiv) programs certified to participate in the | 34 |
| Supportive Living Program
authorized pursuant to |
|
|
|
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LRB094 03673 DRJ 46270 a |
|
| 1 |
| Section 5-5.01a of the Illinois Public Aid Code;
| 2 |
| (xv) programs listed by the Emergency Medical | 3 |
| Services (EMS) Systems Act
as
Freestanding Emergency | 4 |
| Centers;
| 5 |
| (xvi) locations licensed under the Alternative | 6 |
| Health Care Delivery
Act;
| 7 |
| (2) a day training program certified by the Department | 8 |
| of Human Services;
| 9 |
| (3) a community integrated living arrangement operated | 10 |
| by a community
mental health and developmental service | 11 |
| agency, as defined in the
Community-Integrated Living | 12 |
| Arrangements Licensing and Certification Act; or
| 13 |
| (4) the State Long Term Care Ombudsman Program, | 14 |
| including any regional long term care ombudsman programs | 15 |
| under Section 4.04 of the Illinois Act on the Aging, only | 16 |
| for the purpose of securing background checks.
| 17 |
| "Initiate" means the obtaining of the authorization for a | 18 |
| record check from
a student, applicant, or employee. The | 19 |
| educational entity or health care
employer or its designee | 20 |
| shall transmit all necessary information and fees
to the | 21 |
| Illinois State Police within 10 working days after receipt of | 22 |
| the
authorization.
| 23 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-878, eff. 1-1-05.)
| 24 |
| Section 99. Effective date. This Act takes effect July 1, | 25 |
| 2005.".
|
|