Illinois General Assembly - Illinois Compiled Statutes

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210 ILCS 60/8

(210 ILCS 60/8) (from Ch. 111 1/2, par. 6108)

Sec. 8. General Requirements for hospice programs.

Every hospice program shall comply
with the following requirements:

(a) The hospice program's services shall include nursing
services, medical social work services, bereavement services, and volunteer services.
These services shall be
coordinated with those of the hospice patient's attending physician and shall be substantially provided by hospice program employees. The hospice program must make nursing services, medical social work services, volunteer services, and bereavement services available on a 24-hour basis to the extent necessary to meet the needs of individuals for care that is reasonable and necessary for the palliation and management of terminal illness and related conditions. The hospice program must provide these services in a manner consistent with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418. Hospice services, as defined in Section 3, may be furnished in a home or inpatient setting, with the intent of minimizing the length of inpatient care. The home care component shall be the primary form of care and shall be available on a part-time, intermittent, regularly-scheduled basis.

(a-5) The hospice program must have a  governing body that designates an individual responsible for the day-to-day management of the hospice service  plan.  The governing body must also ensure that all services are provided in accordance with accepted standards of practice and shall assume full legal responsibility for determining, implementing, and maintaining the hospice program's total operation.

(a-10)  The hospice program must fully disclose in writing to any hospice patient, or to any hospice patient's family or  representative, prior to the patient's admission, the hospice services  available from the hospice program and  the hospice services for which the hospice patient may be eligible under the patient's third-party payer plan (that is, Medicare, Medicaid, the Veterans Administration, private insurance, or other plans).

(b) The hospice program shall coordinate its services with professional
and nonprofessional services already in the community.  The program may
contract out for elements of its services; however, direct patient contact
and overall coordination of hospice services shall be maintained by the
hospice care team.  Any contract entered into between a hospice and
a health care facility or service provider shall specify that the hospice
retain the responsibility for planning and coordinating hospice services
and care on behalf of a hospice patient and his family.  All contracts shall
be in compliance with this Act.  No hospice which contracts for any hospice
service shall charge fees for services provided directly by the hospice
care team which duplicate contractual services provided to the individual
patient or his family.

(c) The hospice program must  have functioning hospice care teams that develop the hospice patient plans of care in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.

(c-5) A hospice patient's plan of care must be established and maintained for each
individual admitted to a hospice program, and the services provided to an
individual must be in accordance with the individual's plan of care. The plans of care must be established and maintained in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.

(d) The hospice program shall have a medical director who shall be a doctor of medicine or osteopathy and
						
licensed to practice medicine in all of its branches.  The medical
director shall have overall responsibility for medical direction of the patient
care component of the hospice program and shall consult and cooperate with the patient's attending physician.

(e) The hospice program shall have a bereavement program which shall provide
a continuum of supportive services for the family after the patient's death. The bereavement services must be provided in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.

(f) The hospice program shall foster independence of the patient and his
family by providing training, encouragement and support so that the patient
and family can care for themselves as much as possible.

(g) The hospice program shall not impose the dictates of any value or
belief system on its patients and their families.

(h) The hospice program shall clearly define its admission criteria.
Decisions on admissions shall be made by a hospice care team and shall be
dependent upon the expressed request and informed consent of the patient
or the patient's legal guardian. For purposes of this Act, "informed consent" means that a hospice program  must demonstrate respect for an individual's rights by ensuring that an informed consent form that specifies the type of care and services that may be provided as hospice care during the course of the patient's illness has been obtained for every hospice patient, either from the patient or from the patient's representative.

(i) The hospice program shall keep accurate, current, and confidential
records on all hospice patients and their families in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418, except that standards or conditions in connection with Medicare or Medicaid  election forms do not apply to patients receiving hospice care at no charge.

(j) The hospice program shall utilize the services of trained volunteers in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.

(k) (Blank).

(l) The hospice program must  maintain professional management responsibility for hospice care and ensure that services are furnished in a safe and effective manner by persons meeting the qualifications as defined in this Act and in accordance with the patient's plan of care.

(m) The hospice program must conduct a quality assurance program in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.

(n) Where applicable, every  hospice program employee must be licensed, certified, or registered in accordance with federal, State, and local laws and regulations.

(o) The hospice program shall provide an ongoing program for the training and education of its employees appropriate to their responsibilities.

(Source: P.A. 94-570, eff. 8-12-05.)