Full Text of SB0159 94th General Assembly
SB0159enr 94TH GENERAL ASSEMBLY
|
|
|
SB0159 Enrolled |
|
LRB094 03627 DRJ 38994 b |
|
| 1 |
| AN ACT concerning business.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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:
| 13 |
| (210 ILCS 55/Act title)
| 14 |
| An Act relating to the regulation of home health , home | 15 |
| services, and home nursing agencies.
| 16 |
| (210 ILCS 55/1) (from Ch. 111 1/2, par. 2801)
| 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.
| 20 |
| (Source: P.A. 80-804.)
| 21 |
| (210 ILCS 55/1.01) (from Ch. 111 1/2, par. 2801.01)
| 22 |
| Sec. 1.01. It is declared to be the public policy that the | 23 |
| State has
a legitimate interest in assuring that all home | 24 |
| health services , home nursing services, and in-home support | 25 |
| services provided
to a person at his residence are performed | 26 |
| under circumstances that insure
consumer protection and | 27 |
| quality care. Therefore, the purpose of this Act is to provide | 28 |
| for the
better protection of the public health , well-being, and |
|
|
|
SB0159 Enrolled |
- 2 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| safety through the development, establishment,
and enforcement | 2 |
| of standards for services, as well as standards for the care of | 3 |
| individuals receiving home
health services and home nursing | 4 |
| services , and in the light of advancing knowledge, will provide | 5 |
| a
viable alternative to the premature institutionalization of | 6 |
| these individuals. | 7 |
| It is further declared that health care and support | 8 |
| services are provided in the consumer's home by 3 basic types | 9 |
| of agencies: home health care, home nursing care, and home | 10 |
| support services. It is further understood that each type of | 11 |
| agency delivers a different type and scope of care or service. | 12 |
| Further, individuals providing the care or service require | 13 |
| different levels of education, training, and supervision. | 14 |
| Therefore, different types of regulatory oversight are | 15 |
| required.
| 16 |
| (Source: P.A. 81-490.)
| 17 |
| (210 ILCS 55/2) (from Ch. 111 1/2, par. 2802)
| 18 |
| Sec. 2. As used in this Act, unless the context requires
| 19 |
| otherwise, the terms defined in the following Sections | 20 |
| proceeding Section 3
2.01 through 2.07
have the meanings | 21 |
| ascribed to them in those Sections.
| 22 |
| (Source: P.A. 80-804.)
| 23 |
| (210 ILCS 55/2.03a new) | 24 |
| Sec. 2.03a. "Agency" means a home health agency, home | 25 |
| nursing agency, or home services agency unless specifically | 26 |
| stated otherwise. | 27 |
| (210 ILCS 55/2.08 new) | 28 |
| Sec. 2.08. "Home services agency" means an agency that | 29 |
| provides services directly, or acts as a placement agency, for | 30 |
| the purpose of placing individuals as workers providing home | 31 |
| services for consumers in their personal residences. "Home | 32 |
| services agency" does not include agencies licensed under the | 33 |
| Nurse Agency Licensing Act, the Hospital Licensing Act, the |
|
|
|
SB0159 Enrolled |
- 3 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| Nursing Home Care Act, or the Assisted Living and Shared | 2 |
| Housing Act and does not include an agency that limits its | 3 |
| business exclusively to providing housecleaning services. | 4 |
| Programs providing services exclusively through the Community | 5 |
| Care Program of the Illinois Department on Aging or the | 6 |
| Department of Human Services Office of Rehabilitation Services | 7 |
| are not considered to be a home services agency under this Act. | 8 |
| (210 ILCS 55/2.09 new) | 9 |
| Sec. 2.09. "Home services" or "in-home services" means | 10 |
| assistance with activities of daily living, housekeeping, | 11 |
| personal laundry, and companionship provided to an individual | 12 |
| in his or her personal residence, which are intended to enable | 13 |
| that individual to remain safely and comfortably in his or her | 14 |
| own personal residence. "Home services" or "in-home services" | 15 |
| does not include services that would be required to be | 16 |
| performed by an individual licensed under the Nursing and | 17 |
| Advanced Practice Nursing Act. | 18 |
| (210 ILCS 55/2.10 new) | 19 |
| Sec. 2.10. "Home services worker" or "in-home services | 20 |
| worker" means an individual who provides home services to a | 21 |
| consumer in the consumer's personal residence. | 22 |
| (210 ILCS 55/2.11 new) | 23 |
| Sec. 2.11. "Home nursing agency" means an agency that | 24 |
| provides services directly, or acts as a placement agency, in | 25 |
| order to deliver skilled nursing services to persons in their | 26 |
| personal residences. A home nursing agency provides services | 27 |
| that would require a licensed nurse to perform. A home nursing | 28 |
| agency does not qualify for licensure as a home health agency | 29 |
| under this Act. "Home nursing agency" does not include an | 30 |
| individually licensed nurse acting as a private contractor or a | 31 |
| person that provides or procures temporary employment in health | 32 |
| care facilities, as defined in the Nurse Agency Licensing Act. |
|
|
|
SB0159 Enrolled |
- 4 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| (210 ILCS 55/2.12 new) | 2 |
| Sec. 2.12. "Placement agency" means any person engaged for | 3 |
| gain or profit in the business of securing or attempting to | 4 |
| secure (i) work for hire for persons seeking work or (ii) | 5 |
| workers for employers. The term includes a private employment | 6 |
| agency and any other entity that places a worker for private | 7 |
| hire by a consumer in that consumer's residence for purposes of | 8 |
| providing home services. The term does not include a person | 9 |
| that provides or procures temporary employment in health care | 10 |
| facilities, as defined in the Nurse Agency Licensing Act. | 11 |
| (210 ILCS 55/3.3 new) | 12 |
| Sec. 3.3. Home services agency; license required. On and | 13 |
| after September 1, 2008, no person shall open, manage, conduct, | 14 |
| or maintain a home services agency, or advertise himself or | 15 |
| herself as a home services agency or as offering services that | 16 |
| would be included in the definition of home services or a home | 17 |
| services agency, without a license issued by the Department. | 18 |
| The Department shall adopt rules as necessary to protect the | 19 |
| health, safety, and well-being of clients through licensure of | 20 |
| home services agencies. | 21 |
| (210 ILCS 55/3.7 new) | 22 |
| Sec. 3.7. Home nursing agency; license required. On and | 23 |
| after September 1, 2008, no person shall open, manage, conduct, | 24 |
| or maintain a home nursing agency, or advertise himself or | 25 |
| herself as a home nursing agency or as offering services that | 26 |
| would be included in the definition of a home nursing agency, | 27 |
| without a license issued by the Department. The Department | 28 |
| shall adopt rules as necessary to protect the health, safety, | 29 |
| and well-being of clients through licensure of home nursing | 30 |
| agencies.
| 31 |
| (210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)
| 32 |
| Sec. 4. Types of licenses.
| 33 |
| (a) If an applicant for licensure has not been previously |
|
|
|
SB0159 Enrolled |
- 5 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| licensed, or
if the home health agency , home services agency, | 2 |
| or home nursing agency is not in operation at the time | 3 |
| application is
made, the Department may issue a provisional | 4 |
| license. A provisional
license shall be valid for a period of | 5 |
| 120 days unless sooner suspended or
revoked pursuant to Section | 6 |
| 9 of this Act. Within 30 days prior to the
termination of a | 7 |
| provisional license, the Department shall inspect the home
| 8 |
| health agency and, if the applicant substantially meets the | 9 |
| requirements
for licensure, it shall issue a license under this | 10 |
| Section. If the Department
finds that a holder of a provisional | 11 |
| license does not substantially meet
the requirements for | 12 |
| licensure, but has made significant progress toward
meeting | 13 |
| those requirements, the Director may renew the provisional | 14 |
| license
once for a period not to exceed 120 days from the | 15 |
| expiration date of the
initial provisional license.
| 16 |
| (b)(1) The Director may also issue a provisional license to | 17 |
| any licensed
home health agency which does not substantially | 18 |
| comply with the provisions
of this Act and the rules | 19 |
| promulgated hereunder, provided he finds that
the health ,
and | 20 |
| safety , and well-being of the clients
patients of the home | 21 |
| health agency will be
protected during the period for which | 22 |
| such provisional license is issued.
The term of such | 23 |
| provisional license shall not exceed 120 days.
| 24 |
| (2) The Director shall advise the licensee of the | 25 |
| conditions under which
such provisional license is issued, | 26 |
| including the manner in which the
licensee fails to comply with | 27 |
| the provisions of the Act or rules, and the
time within which | 28 |
| the corrections necessary for the home health agency to
| 29 |
| substantially comply with the Act and rules shall be completed.
| 30 |
| (3) The Director, at his discretion, may extend the term of | 31 |
| such
provisional license for an additional 120 days, if he | 32 |
| finds that the home
health agency has made substantial progress | 33 |
| toward correcting the
violations and bringing the home health | 34 |
| agency into full compliance with
this Act and the rules | 35 |
| promulgated hereunder.
| 36 |
| (c) An annual license shall be issued to
any person |
|
|
|
SB0159 Enrolled |
- 6 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| conducting or maintaining a home health agency upon receipt
of | 2 |
| an application and payment of the
licensure fee, and when
the | 3 |
| other requirements of this Act, and the standards, rules and
| 4 |
| regulations promulgated hereunder, are met. The fee for each | 5 |
| single home health agency license or any
renewal shall be $25. | 6 |
| (d) The Department shall establish, by rule, a system | 7 |
| whereby an entity that meets the requirements for licensure may | 8 |
| obtain licensure singly or in any combination for the | 9 |
| categories authorized under this Act. The Department shall | 10 |
| develop and implement one application to be used even if a | 11 |
| combination of licenses authorized under the Act is sought. | 12 |
| Applicants for multiple licenses under this system shall pay | 13 |
| the higher of the licensure fees applicable. Fees collected | 14 |
| under this system shall be deposited into the Home Care | 15 |
| Services Agency Licensure Fund.
| 16 |
| (Source: P.A. 86-130.)
| 17 |
| (210 ILCS 55/6.3 new) | 18 |
| Sec. 6.3. Home services agencies; standards; fees. | 19 |
| (a) Before January 1, 2008, the Department shall adopt | 20 |
| standards for the licensure and operation of home services | 21 |
| agencies operated in this State. The structure of the standards | 22 |
| shall be based on the concept of home services and its focus on | 23 |
| assistance with activities of daily living, housekeeping, | 24 |
| personal laundry, and companionship being provided to an | 25 |
| individual intended to enable that individual to remain safely | 26 |
| and comfortably in his or her own personal residence. As home | 27 |
| services do not include services that would be required to be | 28 |
| performed by an individual licensed under the Nursing and | 29 |
| Advanced Practice Nursing Act, the standards shall be developed | 30 |
| from a similar concept. After consideration and | 31 |
| recommendations by the Home Health and Home Services Advisory | 32 |
| Committee, the Department shall adopt such rules and | 33 |
| regulations as are necessary for the proper regulation of home | 34 |
| services agencies. Requirements for licensure as a home | 35 |
| services agency shall include the following: |
|
|
|
SB0159 Enrolled |
- 7 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| (1) Compliance with the requirements of the Health Care | 2 |
| Worker Background Check Act. | 3 |
| (2) Notification, in a form and manner established by | 4 |
| the Department by rule, to home services workers and | 5 |
| consumers as to the party or parties responsible under | 6 |
| State and federal laws for payment of employment taxes, | 7 |
| social security taxes, and workers' compensation, | 8 |
| liability, the day-to-day supervision of workers, and the | 9 |
| hiring, firing, and discipline of workers with the | 10 |
| placement arrangement for home services. | 11 |
| (3) Compliance with rules, as adopted by the | 12 |
| Department, in regard to (i) reporting by the licensee of | 13 |
| any known or suspected incidences of abuse, neglect, or | 14 |
| financial exploitation of an eligible adult, as defined in | 15 |
| the Elder Abuse and Neglect Act, by a home services worker | 16 |
| employed by or placed by the licensee or (ii) reports to a | 17 |
| law enforcement agency in connection with any other | 18 |
| individual protected under the laws of the State of | 19 |
| Illinois. | 20 |
| (4) Compliance with rules, as adopted by the | 21 |
| Department, addressing the health, safety, and well-being | 22 |
| of clients receiving home services. | 23 |
| (b) The Department may establish fees for home services | 24 |
| agency licensure in rules in a manner that will make the | 25 |
| program self-supporting. The amount of the licensure fees shall | 26 |
| be based on the funding required for operation of the licensure | 27 |
| program. | 28 |
| (210 ILCS 55/6.7 new) | 29 |
| Sec. 6.7. Home nursing agencies; standards; fees. | 30 |
| (a) Before January 1, 2008, the Department shall adopt | 31 |
| standards for the licensure and operation of home nursing | 32 |
| agencies operated in this State. After consideration and | 33 |
| recommendations by the Home Health and Home Services Advisory | 34 |
| Committee, the Department shall adopt such rules as are | 35 |
| necessary for the proper regulation of home nursing agencies. |
|
|
|
SB0159 Enrolled |
- 8 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| Requirements for licensure as a home nursing agency shall | 2 |
| include the 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 nursing agency 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 nursing 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 nursing care | 18 |
| worker employed by or placed by the licensee or (ii) | 19 |
| reports to a law enforcement agency in connection with any | 20 |
| other 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 nursing services. | 25 |
| (b) The Department may establish fees for home nursing | 26 |
| agency licensure in rules in a manner that will make the | 27 |
| program self-supporting. The amount of the licensure fees shall | 28 |
| be based on the funding required for the operation of the | 29 |
| licensure program.
| 30 |
| (210 ILCS 55/7) (from Ch. 111 1/2, par. 2807)
| 31 |
| Sec. 7. (a) The Director shall appoint a Home Health
and | 32 |
| Home Services Advisory Committee composed of 15
11 persons to | 33 |
| advise and consult
with the Director in the administration of | 34 |
| this Act. Five of
the appointed members shall represent the | 35 |
| home health agency
profession.
Of these 5, one shall represent |
|
|
|
SB0159 Enrolled |
- 9 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| voluntary home health agencies, one shall
represent for-profit | 2 |
| home health agencies, one shall represent private
| 3 |
| not-for-profit home health agencies, one shall represent | 4 |
| institution-based
home health agencies, and one shall | 5 |
| represent home health agencies operated
by local health | 6 |
| departments. Four of the appointed members shall represent the | 7 |
| home services agency profession. Four of the appointed
members | 8 |
| shall represent the general public in the following categories: | 9 |
| one individual who is a consumer of home health services or a | 10 |
| family member of a consumer of home health services; one | 11 |
| individual who is a consumer of home services or a family | 12 |
| member of a consumer of home services; one individual who is a | 13 |
| home services worker; and one individual who is a | 14 |
| representative of an organization that advocates for | 15 |
| consumers .
One member shall be a practicing Illinois licensed | 16 |
| physician; and one member
shall be an Illinois registered | 17 |
| professional nurse with home health agency
experience. The | 18 |
| recommendations of professional ,
and home health industry , and | 19 |
| home services industry organizations may be considered in | 20 |
| selecting
individuals for appointment to the Home Health and | 21 |
| Home Services Advisory Committee.
| 22 |
| (b) Each member shall hold office for a term of 3 years,
| 23 |
| except that any member appointed to fill a vacancy occurring
| 24 |
| prior to the expiration of the
term for which his predecessor | 25 |
| was appointed shall be appointed
for the remainder of such term | 26 |
| and the terms of office of the
members first taking office | 27 |
| shall expire, as designated at the
time of appointment, one at | 28 |
| the end of the first year, one at
the end of the second year, | 29 |
| and 3 at the end of the third year.
The term of office of each | 30 |
| of the original appointees shall
commence on January 1, 1978.
| 31 |
| (c) The term of office of each of the 6 members appointed | 32 |
| to the
Committee as a result of this amendatory Act of 1989 | 33 |
| shall commence on
January 1, 1990. The terms of office of the 6 | 34 |
| members appointed as a
result of this amendatory Act of 1989 | 35 |
| shall expire, as designated at the
time of appointment, 2 at | 36 |
| the end of the first year, 2 at the end of the
second year, and |
|
|
|
SB0159 Enrolled |
- 10 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| two at the end of the third year.
| 2 |
| (d) The Committee shall meet as frequently
as the Director | 3 |
| deems necessary. Committee members, while
serving on business | 4 |
| of the Committee, shall receive actual
and necessary travel and | 5 |
| subsistence expenses while so serving
away from their places of | 6 |
| residence. | 7 |
| (e) The Committee shall provide input and recommendations | 8 |
| to the Department on the development of rules for the licensure | 9 |
| of home services agencies and home nursing agencies operating | 10 |
| in this State. On or before July 1, 2007, the Committee shall | 11 |
| issue an interim report to the General Assembly on the status | 12 |
| of development and implementation of the rules for home | 13 |
| services agency and home nursing agency licensure.
| 14 |
| (Source: P.A. 86-130.)
| 15 |
| (210 ILCS 55/8) (from Ch. 111 1/2, par. 2808)
| 16 |
| Sec. 8. An application for a license may be denied for any | 17 |
| of the
following reasons:
| 18 |
| (a) failure to meet the minimum standards prescribed by the
| 19 |
| Department pursuant to Section 6;
| 20 |
| (b) satisfactory evidence that the moral character of the | 21 |
| applicant
or supervisor of the agency is not reputable. In | 22 |
| determining moral
character, the Department may take into | 23 |
| consideration any convictions of
the applicant or supervisor | 24 |
| but such convictions shall not operate as a
bar to licensing;
| 25 |
| (c) lack of personnel qualified by training and experience | 26 |
| to
properly perform the function of a home health agency;
| 27 |
| (d) insufficient financial or other resources to operate | 28 |
| and conduct
a home health , home services, or home nursing | 29 |
| agency in accordance with the requirements of this Act and
the | 30 |
| minimum standards, rules and regulations promulgated | 31 |
| thereunder.
| 32 |
| (Source: P.A. 81-149.)
| 33 |
| (210 ILCS 55/9.01) (from Ch. 111 1/2, par. 2809.01)
| 34 |
| Sec. 9.01. The Department may conduct any such |
|
|
|
SB0159 Enrolled |
- 11 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| investigations and
inspections as it deems necessary to assess | 2 |
| compliance with this Act and
the rules and regulations | 3 |
| promulgated pursuant thereto. Investigations and
inspections | 4 |
| may include the direct observation of patient care or the | 5 |
| provision of home services in the home,
if consent is given by | 6 |
| the consumer or patient under treatment. Agencies
Home health | 7 |
| agencies
licensed under this Act shall make available to the | 8 |
| Department all books,
records, policies and procedures, or any | 9 |
| other materials requested during
the course of an investigation | 10 |
| or inspection. Refusal to make such
materials available to the | 11 |
| Department shall be grounds for license
revocation, or the | 12 |
| imposition of any other penalty provided in this Act.
| 13 |
| (Source: P.A. 86-130.)
| 14 |
| (210 ILCS 55/9.02) (from Ch. 111 1/2, par. 2809.02)
| 15 |
| Sec. 9.02. When the Department determines that an agency
a | 16 |
| home health agency is
in violation of this Act or any rule | 17 |
| promulgated hereunder, a notice of
violation shall be served | 18 |
| upon the licensee. Each notice of violation
shall be prepared | 19 |
| in writing and shall specify the nature of the violation
and | 20 |
| the statutory provision or rule alleged to have been violated. | 21 |
| The
notice shall inform the licensee of any action the | 22 |
| Department may take
under this Act, including the requirement | 23 |
| of an
a home health agency plan of
correction under Section | 24 |
| 9.03, assessment of a penalty under Section 9.04,
or licensure | 25 |
| action under Section 9. The Director or his designee shall
also | 26 |
| inform the licensee of rights to a hearing under Section 10.
| 27 |
| (Source: P.A. 86-130.)
| 28 |
| (210 ILCS 55/9.03) (from Ch. 111 1/2, par. 2809.03)
| 29 |
| Sec. 9.03. (a) Each home health agency served with a notice | 30 |
| of
violation under Section 9.02 of this Act shall file with the | 31 |
| Department a
written plan of correction within 10 days of | 32 |
| receipt of the notice. The
plan of correction is subject to | 33 |
| approval of the Department.
The plan of correction shall
state | 34 |
| with particularity the method by which the home health agency |
|
|
|
SB0159 Enrolled |
- 12 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| intends
to correct each violation and shall contain a stated | 2 |
| date by which each
violation shall be corrected.
| 3 |
| (b) If the Department rejects a plan of correction, it | 4 |
| shall send notice
of the rejection and the reason for the | 5 |
| rejection to the licensee. The
home health agency shall have 10 | 6 |
| days after receipt of the notice of
rejection in which to | 7 |
| submit a modified plan. If the modified plan is not
submitted | 8 |
| on time, or if the modified plan is rejected, the home health
| 9 |
| agency shall follow a plan of correction imposed by the | 10 |
| Department.
| 11 |
| (c) If an
a home health agency desires to contest any | 12 |
| Department action
under this Section, it shall send a written | 13 |
| request for a hearing under
Section 10 to the Department within | 14 |
| 10 days of receipt of notice of the
contested action. The | 15 |
| Department shall commence the hearing as provided
under Section | 16 |
| 10. Whenever possible, all action of the Department under
this | 17 |
| Section arising out of a violation shall be contested and | 18 |
| determined
at a single hearing. Issues decided at a hearing may | 19 |
| not be reheard at
subsequent hearings under this Section.
| 20 |
| (Source: P.A. 86-130.)
| 21 |
| (210 ILCS 55/9.04) (from Ch. 111 1/2, par. 2809.04)
| 22 |
| Sec. 9.04. (a) The licensee of an
a home health agency | 23 |
| operating in
violation of this Act or any rule adopted | 24 |
| hereunder may be subject to the
penalties or fines levied by | 25 |
| the Department as specified in this Section.
| 26 |
| (b) When the Director determines that an
a home health | 27 |
| agency has failed to
comply with this Act or any rule adopted | 28 |
| hereunder, the Department may
issue a notice of fine assessment | 29 |
| which shall specify the violations for
which the fine is | 30 |
| levied. The Department may impose a fine of $100 per day
| 31 |
| commencing on the date the violation was identified and ending | 32 |
| on the date
the violation is corrected, or action is taken to | 33 |
| suspend, revoke, or deny
renewal of the license, whichever | 34 |
| comes first.
| 35 |
| (c) In determining whether a fine is to be imposed, the |
|
|
|
SB0159 Enrolled |
- 13 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| Director shall
consider the following factors:
| 2 |
| (1) the gravity of the violation, including the probability | 3 |
| that death
or serious physical or mental harm to a patient or | 4 |
| consumer will result or has
resulted, the severity of the | 5 |
| actual or potential harm, and the extent to
which the | 6 |
| provisions of the applicable statutes or regulations were | 7 |
| violated;
| 8 |
| (2) the reasonable diligence exercised by the licensee and | 9 |
| efforts to
correct violations;
| 10 |
| (3) any previous violations committed by the licensee; and
| 11 |
| (4) the financial benefit to the home health agency of | 12 |
| committing or
continuing the violation.
| 13 |
| (Source: P.A. 86-130.)
| 14 |
| (210 ILCS 55/10.01) (from Ch. 111 1/2, par. 2810.01)
| 15 |
| Sec. 10.01. All fines shall be paid to the Department | 16 |
| within 10 days
of the notice of assessment or, if the fine is | 17 |
| contested under Section 10
of this Act, within 10 days of the | 18 |
| receipt of the final decision, unless
the decision is appealed | 19 |
| and the order is stayed by court order under
Section 12 of this | 20 |
| Act. A fine assessed under this Act shall be collected
by the | 21 |
| Department. If the licensee against whom the fine has been | 22 |
| assessed
does not comply with a written demand for payment | 23 |
| within 30 days, the
Director shall issue an order to do any of | 24 |
| the following:
| 25 |
| (a) certify to the Comptroller, as provided by rule of the | 26 |
| Department of
delinquent fines due and owing from the licensee | 27 |
| or any amounts due and
owing as a result of a civil action | 28 |
| pursuant to subsection (d) of this
Section The purpose of | 29 |
| certification shall be to intercept State income
tax refunds | 30 |
| and other payments due such licensee in order to satisfy, in
| 31 |
| whole or in part, any delinquent fines or amounts recoverable | 32 |
| in a civil
action brought pursuant to subsection (d) of this | 33 |
| Section. The rule shall
provide for notice to any such licensee | 34 |
| or person affected. Any final
administrative decision rendered | 35 |
| by the Department with respect to any
certification made |
|
|
|
SB0159 Enrolled |
- 14 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| pursuant to this subsection (a) shall be reviewed only
under | 2 |
| and in accordance with the Administrative Review Law.
| 3 |
| (b) certify to the Social Security Administration, as | 4 |
| provided by rule
of the Department, of delinquent fines due and | 5 |
| owing from the licensee or
any amounts due and owing as a | 6 |
| result of a civil action pursuant to
subsection (d) of this | 7 |
| Section. The purpose of certification shall be to
request the | 8 |
| Social Security Administration to intercept and remit to the
| 9 |
| Department Medicaid reimbursement payments due such licensee | 10 |
| in order to
satisfy, in whole or in part, any delinquent fines | 11 |
| or amounts recoverable
in a civil action brought pursuant to | 12 |
| subsection (d) of this Section. The
rules shall provide for | 13 |
| notice to any such licensee or person affected.
Any final | 14 |
| administrative decision rendered by the Department with | 15 |
| respect
to any certification made pursuant to this subsection | 16 |
| (b) shall be reviewed
only under and in accordance with the | 17 |
| Administrative Review Law.
| 18 |
| (c) add the amount of the penalty to the home health | 19 |
| agency's licensing
fee; if the licensee refuses to make the | 20 |
| payment at the time of application
for renewal of its license, | 21 |
| the license shall not be renewed; or
| 22 |
| (d) bring an action in circuit court to recover the amount | 23 |
| of the penalty.
| 24 |
| (Source: P.A. 86-130.)
| 25 |
| (210 ILCS 55/10.05 new) | 26 |
| Sec. 10.05. Home Care Services Agency Licensure Fund. The | 27 |
| Department shall deposit all fees and fines collected in | 28 |
| relation to the licensure of home services agencies and home | 29 |
| nursing agencies into the Home Care Services Agency Licensure | 30 |
| Fund, a special fund created in the State treasury, for the | 31 |
| purpose of providing funding for the administration of the | 32 |
| program of home services agency and home nursing agency | 33 |
| licensure.
| 34 |
| (210 ILCS 55/12) (from Ch. 111 1/2, par. 2812)
|
|
|
|
SB0159 Enrolled |
- 15 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| Sec. 12. Whenever the Department refuses to grant, or | 2 |
| revokes or
suspends a license to open,
conduct, operate, or | 3 |
| maintain an
a home health agency, the
applicant or licensee may
| 4 |
| have such decision judicially reviewed. The provisions of the | 5 |
| Administrative
Review Law, as heretofore or
hereafter amended, | 6 |
| and the rules adopted pursuant thereto shall apply to
and | 7 |
| govern all proceedings for the judicial review of final
| 8 |
| administrative decisions of the Department hereunder. The term
| 9 |
| "administrative decisions" is defined as in Section 3-101 of | 10 |
| the Code of
Civil Procedure.
| 11 |
| (Source: P.A. 82-783.)
| 12 |
| (210 ILCS 55/14) (from Ch. 111 1/2, par. 2814)
| 13 |
| Sec. 14. The operation or maintenance of an
a home health | 14 |
| agency in violation
of this Act or of the Rules and Regulations | 15 |
| promulgated by the Department
is declared a public nuisance | 16 |
| inimical to the public welfare. The Director
of the Department | 17 |
| in the name of the People of the State, through the Attorney
| 18 |
| General or the State's Attorney of the county in which the | 19 |
| violation occurs,
may in addition to other remedies herein | 20 |
| provided, bring action for an injunction
to restrain such | 21 |
| violation or to enjoin the future operation or maintenance
of | 22 |
| any such home health agency.
| 23 |
| (Source: P.A. 81-490.)
| 24 |
| Section 15. The End Stage Renal Disease Facility Act is | 25 |
| amended by changing Section 15 as follows:
| 26 |
| (210 ILCS 62/15)
| 27 |
| Sec. 15. Exemptions from licensing requirement. The | 28 |
| following facilities
are not required to be licensed under this | 29 |
| Act:
| 30 |
| (1) a home health agency licensed under the Home | 31 |
| Health , Home Services, and Home Nursing Agency Licensing
| 32 |
| Act;
| 33 |
| (2) a hospital licensed under the Hospital Licensing |
|
|
|
SB0159 Enrolled |
- 16 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| Act or the University
of Illinois Hospital Act; and
| 2 |
| (3) the office of a physician.
| 3 |
| (Source: P.A. 92-794, eff. 7-1-03.)
| 4 |
| Section 20. The Health Care Worker Background Check Act is | 5 |
| amended by changing Section 15 as follows:
| 6 |
| (225 ILCS 46/15)
| 7 |
| Sec. 15. Definitions. For the purposes of this Act, the | 8 |
| following
definitions apply:
| 9 |
| "Applicant" means an individual seeking employment with a | 10 |
| health care
employer who has received a bona fide conditional | 11 |
| offer of employment.
| 12 |
| "Conditional offer of employment" means a bona fide offer | 13 |
| of employment by a
health care employer to an applicant, which | 14 |
| is contingent upon the receipt of a
report from the Department | 15 |
| of State Police indicating that the applicant does
not have a | 16 |
| record of conviction of any of the criminal offenses enumerated | 17 |
| in
Section 25.
| 18 |
| "Direct care" means the provision of nursing care or | 19 |
| assistance with feeding,
dressing, movement, bathing, | 20 |
| toileting, or other personal needs , including home services as | 21 |
| defined in the Home Health, Home Services, and Home Nursing | 22 |
| Agency Licensing Act . The entity
responsible for inspecting and | 23 |
| licensing, certifying, or registering the
health care employer | 24 |
| may, by administrative rule, prescribe guidelines for
| 25 |
| interpreting this definition with regard to the health care | 26 |
| employers that it
licenses.
| 27 |
| "Health care employer" means:
| 28 |
| (1) the owner or licensee of any of the
following:
| 29 |
| (i) a community living facility, as defined in the | 30 |
| Community Living
Facilities Act;
| 31 |
| (ii) a life care facility, as defined in the Life | 32 |
| Care Facilities Act;
| 33 |
| (iii) a long-term care facility, as defined in the | 34 |
| Nursing Home Care Act;
|
|
|
|
SB0159 Enrolled |
- 17 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| (iv) a home health agency, home services agency, or | 2 |
| home nursing agency as defined in the Home Health , Home | 3 |
| Services, and Home Nursing Agency Licensing
Act;
| 4 |
| (v) a full hospice, as defined in the Hospice | 5 |
| Program Licensing Act;
| 6 |
| (vi) a hospital, as defined in the Hospital | 7 |
| Licensing Act;
| 8 |
| (vii) a community residential alternative, as | 9 |
| defined in the Community
Residential Alternatives | 10 |
| Licensing Act;
| 11 |
| (viii) a nurse agency, as defined in the Nurse | 12 |
| Agency Licensing Act;
| 13 |
| (ix) a respite care provider, as defined in the | 14 |
| Respite Program Act;
| 15 |
| (ix-a) an establishment licensed under the | 16 |
| Assisted Living and Shared
Housing Act;
| 17 |
| (x) a supportive living program, as defined in the | 18 |
| Illinois Public Aid
Code;
| 19 |
| (xi) early childhood intervention programs as | 20 |
| described in 59 Ill. Adm.
Code 121;
| 21 |
| (xii) the University of Illinois Hospital, | 22 |
| Chicago;
| 23 |
| (xiii) programs funded by the Department on Aging | 24 |
| through the Community
Care Program;
| 25 |
| (xiv) programs certified to participate in the | 26 |
| Supportive Living Program
authorized pursuant to | 27 |
| Section 5-5.01a of the Illinois Public Aid Code;
| 28 |
| (xv) programs listed by the Emergency Medical | 29 |
| Services (EMS) Systems Act
as
Freestanding Emergency | 30 |
| Centers;
| 31 |
| (xvi) locations licensed under the Alternative | 32 |
| Health Care Delivery
Act;
| 33 |
| (2) a day training program certified by the Department | 34 |
| of Human Services;
| 35 |
| (3) a community integrated living arrangement operated | 36 |
| by a community
mental health and developmental service |
|
|
|
SB0159 Enrolled |
- 18 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| agency, as defined in the
Community-Integrated Living | 2 |
| Arrangements Licensing and Certification Act; or
| 3 |
| (4) the State Long Term Care Ombudsman Program, | 4 |
| including any regional long term care ombudsman programs | 5 |
| under Section 4.04 of the Illinois Act on the Aging, only | 6 |
| for the purpose of securing background checks.
| 7 |
| "Initiate" means the obtaining of the authorization for a | 8 |
| record check from
a student, applicant, or employee. The | 9 |
| educational entity or health care
employer or its designee | 10 |
| shall transmit all necessary information and fees
to the | 11 |
| Illinois State Police within 10 working days after receipt of | 12 |
| the
authorization.
| 13 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-878, eff. 1-1-05.)
| 14 |
| Section 25. The Nurse Agency Licensing Act is amended by | 15 |
| changing Sections 3 and 4 as follows:
| 16 |
| (225 ILCS 510/3) (from Ch. 111, par. 953)
| 17 |
| Sec. 3. Definitions. As used in this Act:
| 18 |
| (a) "Certified nurse aide" means an individual certified as | 19 |
| defined in
Section 3-206 of the Nursing Home Care Act, as now | 20 |
| or hereafter amended.
| 21 |
| (b) "Department" means the Department of Labor.
| 22 |
| (c) "Director" means the Director of Labor.
| 23 |
| (d) "Health care facility" is defined as in Section 3 of | 24 |
| the Illinois
Health Facilities Planning Act, as now or | 25 |
| hereafter amended.
| 26 |
| (e) "Licensee" means any nursing agency which is properly | 27 |
| licensed under
this Act.
| 28 |
| (f) "Nurse" means a registered nurse or a licensed | 29 |
| practical nurse as
defined in the Nursing and Advanced Practice | 30 |
| Nursing Act.
| 31 |
| (g) "Nurse agency" means any individual, firm, | 32 |
| corporation,
partnership or other legal entity that employs, | 33 |
| assigns or refers nurses
or certified nurse aides to a health | 34 |
| care facility for a
fee. The term "nurse agency" includes |
|
|
|
SB0159 Enrolled |
- 19 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| nurses registries. The term "nurse
agency" does not include | 2 |
| services provided by home
health agencies licensed and operated | 3 |
| under the Home Health , Home Services, and Home Nursing Agency
| 4 |
| Licensing Act or a licensed or certified
individual who | 5 |
| provides his or her own services as a regular employee of a
| 6 |
| health care facility, nor does it apply to a health care | 7 |
| facility's
organizing nonsalaried employees to provide | 8 |
| services only in that
facility.
| 9 |
| (Source: P.A. 90-742, eff. 8-13-98.)
| 10 |
| (225 ILCS 510/4) (from Ch. 111, par. 954)
| 11 |
| Sec. 4. Licensing. The Department shall license nurse | 12 |
| agencies in
accordance with this Act for the protection of the | 13 |
| health, welfare and
safety of patients and residents. No person | 14 |
| may establish, operate,
maintain, or advertise as a nurse | 15 |
| agency in the State of Illinois unless the
person is licensed | 16 |
| under this Act by the Department of Labor. Being licensed
under | 17 |
| the Home
Health , Home Services, and Home Nursing Agency | 18 |
| Licensing Act does not relieve home health agencies that | 19 |
| provide
nurse agency services from the requirement of obtaining | 20 |
| licensure under this
Act. No health care facility shall use the | 21 |
| services of an unlicensed nurse
agency.
| 22 |
| (Source: P.A. 88-230.)
| 23 |
| Section 30. The Community Services Act is amended by | 24 |
| changing Section 4.3 as follows:
| 25 |
| (405 ILCS 30/4.3)
| 26 |
| Sec. 4.3. Family Support Services Voucher Pilot Program.
| 27 |
| (a) In this Section:
| 28 |
| "Family member" means a family member as defined by rules | 29 |
| adopted by the
Department of Human Services.
| 30 |
| "Family support services" means the services and | 31 |
| activities described in
subsection (d).
| 32 |
| (b) The Department of Human Services shall establish a | 33 |
| Family Support
Services Voucher Pilot Program which shall be a |
|
|
|
SB0159 Enrolled |
- 20 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| conversion of the program
defined in Section 4.1. The | 2 |
| Department may establish no more than 5 pilot
programs.
| 3 |
| (c) The purpose of the pilot program is to do the | 4 |
| following:
| 5 |
| (1) Increase the number of families who are able to | 6 |
| access family support
services.
| 7 |
| (2) Provide families with greater control over family | 8 |
| support services.
| 9 |
| (3) Ensure that the diverse family support services | 10 |
| needs of families can
be accommodated.
| 11 |
| (4) Encourage a family's contribution toward payment | 12 |
| for the family
support
services they receive.
| 13 |
| (5) Serve as a pilot program to evaluate the merits of | 14 |
| a family support
services voucher program
in comparison to | 15 |
| the traditional respite program.
| 16 |
| (d) The Department shall contract with community agencies | 17 |
| to issue vouchers
to
participating families, or to employ a | 18 |
| voucher-like method that similarly makes
services available | 19 |
| based on the choice of families.
A family may use the vouchers | 20 |
| to purchase the
following services and activities or to | 21 |
| otherwise provide for those services
and activities:
| 22 |
| (1) Services of an in-home caregiver to supervise the | 23 |
| family member with a
developmental disability in the home | 24 |
| or in the
community or both when other family members are | 25 |
| not present.
| 26 |
| (2) Services of a person to accompany the family member | 27 |
| with a
developmental disability
on
outings, community
| 28 |
| activities, and similar activities.
| 29 |
| (3) Registration of the family member with a | 30 |
| developmental disability in
park district
programs, | 31 |
| extracurricular school activities,
community college | 32 |
| classes, and other similar types of community-based | 33 |
| programs.
| 34 |
| (4) Services of home health care personnel if medical | 35 |
| training or
expertise
is
required to meet the
needs of the | 36 |
| family member with a developmental disability.
|
|
|
|
SB0159 Enrolled |
- 21 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| (e) Families may employ the following types of individuals | 2 |
| to provide family
support services:
| 3 |
| (1) Related family members who do not reside in the | 4 |
| same home as the
family
member with a developmental | 5 |
| disability.
| 6 |
| (2) Friends or neighbors whom the family designates as | 7 |
| capable of meeting
the
needs
of the family
member with a | 8 |
| developmental disability.
| 9 |
| (3) Individuals recruited from the community (for | 10 |
| example, church members
or
college students).
| 11 |
| (4) Individuals who work with the family member with a | 12 |
| developmental
disability in a
different capacity (for | 13 |
| example, classroom aide
or day program staff).
| 14 |
| (5) Persons whose services are contracted for through a | 15 |
| home health agency
licensed under the
Home
Health , Home | 16 |
| Services, and Home Nursing Agency Licensing Act.
| 17 |
| (f) Family support services moneys under the pilot program | 18 |
| may not be used
to
purchase or provide for any of the following
| 19 |
| services or activities:
| 20 |
| (1) Out-of-home medical services.
| 21 |
| (2) Medical, therapeutic, or developmental | 22 |
| evaluations.
| 23 |
| (3) Any product or item (for example, sports equipment, | 24 |
| therapeutic
devices, or
clothing).
| 25 |
| (4) Family support services provided by a family member | 26 |
| whose primary
residence
is the
same as that of the family | 27 |
| member with a developmental disability.
| 28 |
| (5) Services of a person to accompany the family on an | 29 |
| overnight trip.
| 30 |
| (6) Any service or activity that should be provided by | 31 |
| the school in which
the
family member with a developmental | 32 |
| disability is
enrolled or that occurs as part of that | 33 |
| school's typical school routine.
| 34 |
| (7) Child care services while the primary caretaker | 35 |
| works.
| 36 |
| (g) The Department of Human Services shall submit a report |
|
|
|
SB0159 Enrolled |
- 22 - |
LRB094 03627 DRJ 38994 b |
|
| 1 |
| to the General
Assembly by March 1, 2000 evaluating the merits
| 2 |
| of the pilot program.
| 3 |
| (Source: P.A. 90-804, eff. 1-1-99.)
| 4 |
| Section 99. Effective date. This Act takes effect January | 5 |
| 1, 2006.
|
|