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[ Senate Amendment 001 ] |
92_SB1609 LRB9213759ACcd 1 AN ACT concerning health facilities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Hospice Program Licensing Act is amended 5 by changing Sections 3, 4, 5, 8, and 9 as follows: 6 (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103) 7 Sec. 3. Definitions. As used in this Act, unless the 8 context otherwise requires: 9 (a) "Bereavement" means the period of time during which 10 the hospice patient's family experiences and adjusts to the 11 death of the hospice patient. 12 (b) "Department" means the Illinois Department of Public 13 Health. 14 (c) "Director" means the Director of the Illinois 15 Department of Public Health. 16 (d) "FullHospice" means a coordinated program of home 17 and inpatient care providing directly, or through agreement, 18 palliative and supportive medical, health and other services 19 to terminally ill patients and their families. Afull20 hospice utilizes a medically directed interdisciplinary 21 hospice care team of professionals and volunteers. The 22 program provides care to meet the physical, psychological, 23 social, spiritual and other special needs which are 24 experienced during the final stages of illness and during 25 dying and bereavement. Home care is to be provided on a 26 part-time, intermittent, regularly scheduled basis, and on an 27 on-call around-the-clock basis according to patient and 28 family need. To the maximum extent possible, care shall be 29 furnished in the patient's home. Should in-patient care be 30 required, services are to be provided with the intent of 31 minimizing the length of such care and shall only be provided -2- LRB9213759ACcd 1 in a hospital licensed under the Hospital Licensing Act, or a 2 skilled nursing facility licensed under the Nursing Home Care 3 Act. 4 (e) "Hospice care team" means an interdisciplinary 5 working unit composed of but not limited to a physician 6 licensed to practice medicine in all of its branches, a nurse 7 licensed pursuant to the Nursing and Advanced Practice 8 Nursing Act, a social worker, a pastoral or other counselor, 9 and trained volunteers. The patient and the patient's family 10 are considered members of the hospice care team when 11 development or revision of the patient's plan of care takes 12 place. 13 (f) "Hospice patient" means a terminally ill person 14 receiving hospice services. 15 (g) "Hospice patient's family" means a hospice patient's 16 immediate family consisting of a spouse, sibling, child, 17 parent and those individuals designated as such by the 18 patient for the purposes of this Act. 19 (g-1) "Hospice residence" means a home, apartment 20 building, or similar building providing living quarters: 21 (1) that is owned or operated by a person licensed 22 to operate as afullhospice; and 23 (2) at which hospice services are provided to 24 facility residents. 25 A building that is licensed under the Hospital Licensing 26 Act or the Nursing Home Care Act is not a hospice residence. 27 (h) "Hospice services" means palliative and supportive 28 care provided to a hospice patient and his family to meet the 29 special need arising out of the physical, emotional, 30 spiritual and social stresses which are experienced during 31 the final stages of illness and during dying and bereavement. 32 Services provided to the terminally ill patient shall be 33 furnished, to the maximum extent possible, in the patient's 34 home. Should inpatient care be required, services are to be -3- LRB9213759ACcd 1 provided with the intent of minimizing the length of such 2 care. 3 (i) "Palliative care" means 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 7 life. 8 (j) "Hospice service plan" means a plan detailing the 9 specific hospice services offered by afull or volunteer10 hospice, and the administrative and direct care personnel 11 responsible for those services. The plan shall include but 12 not be limited to: 13 (1) Identification of the person or persons 14 administratively responsible for the program, and the15affiliation of such person or persons with a licensed16home health agency, hospital or nursing home. 17 (2) The estimated average monthly patient census. 18 (3) The proposed geographic area the hospice will 19 serve. 20 (4) A listing of those hospice services provided 21 directly by the hospice, and those hospice services 22 provided indirectly through a contractual agreement. 23 (5) The name and qualifications of those persons or 24 entities under contract to provide indirect hospice 25 services. 26 (6) The name and qualifications of those persons 27 providing direct hospice services, with the exception of 28 volunteers. 29 (7) A description of how the hospice plans to 30 utilize volunteers in the provision of hospice services. 31 (8) A description of the program's record keeping 32 system. 33 (k) "Terminally ill" means a medical prognosis by a 34 physician licensed to practice medicine in all of its -4- LRB9213759ACcd 1 branches that a patient has an anticipated life expectancy of 2 a year6 monthsor less. 3 (l) "Volunteer" means a person who offers his or her 4 services to a hospice without compensation. Reimbursement 5 for a volunteer's expenses in providing hospice service shall 6 not be considered compensation. 7(m) "Volunteer hospice" means a program which provides8hospice services to patients regardless of their ability to9pay, with emphasis on the utilization of volunteers to10provide services, under the administration of a11not-for-profit agency. This definition does not prohibit the12employment of staff.13 (Source: P.A. 89-278, eff. 8-10-95; 90-742, eff. 8-13-98.) 14 (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104) 15 Sec. 4. License. 16 (a) No person shall establish, conduct, or maintain a 17full or volunteerhospice without first obtaining a license 18 from the Department. A hospice residence may be operated 19 only at the locations listed on the license. Afullhospice 20 owning or operating a hospice residence is not subject to the 21 provisions of the Nursing Home Care Act in owning or 22 operating a hospice residence. 23 (b) No public or private agency shall advertise or 24 present itself to the public as afull or volunteerhospice 25 which provides hospice services without meeting the 26 provisions of subsection (a). 27 (c) The license shall be valid only in the possession of 28 the hospicehome health agency, hospital, nursing home or29not-for-profit agencyto which it was originally issued. 30 (d) The license shall be renewed annually. 31 (e) The license shall be displayed in a conspicuous 32 place inside the hospice program office. 33 (Source: P.A. 89-278, eff. 8-10-95.) -5- LRB9213759ACcd 1 (210 ILCS 60/5) (from Ch. 111 1/2, par. 6105) 2 Sec. 5. Application for License. An application for 3 license or renewal thereof to operate as afull or volunteer4 hospice shall be made to the Department upon forms provided 5 by it, and shall contain information reasonably required by 6 the Department, taking into consideration the different7categories of hospice programs. The application shall be 8 accompanied by: 9 (1) The hospice service plan; 10 (2) A financial statement containing information deemed 11 appropriate by the Departmentfor the category of the12applicant; and 13 (3) A uniform license fee determined by the Department 14based on the hospice program's category. 15 (Source: P.A. 84-427.) 16 (210 ILCS 60/8) (from Ch. 111 1/2, par. 6108) 17 Sec. 8. General Requirements forFullHospices.Full18 Hospices shall comply with the following requirements:.19 (a) The hospice program's services shall include 20 physician services, nursing services, medical social 21 services, counseling, and volunteer services. These services 22 shall be coordinated with those of the hospice patient's 23 primary or attending physician. 24 (b) The hospice program shall coordinate its services 25 with professional and nonprofessional services already in the 26 community. The program may contract out for elements of its 27 services; however, direct patient contact and overall 28 coordination of hospice services shall be maintained by the 29 hospice care team. Any contract entered into between a 30 hospice and a health care facility or service provider shall 31 specify that the hospice retain the responsibility for 32 planning and coordinating hospice services and care on behalf 33 of a hospice patient and his family. All contracts shall be -6- LRB9213759ACcd 1 in compliance with this Act. No hospice which contracts for 2 any hospice service shall charge fees for services provided 3 directly by the hospice care team which duplicate contractual 4 services provided to the individual patient or his family. 5 (c) The hospice care team shall be responsible for the 6 coordination of home and inpatient care. 7 (d) The hospice program shall have a medical director 8 who shall be a physician licensed to practice medicine in all 9 of its branches. The medical director shall have overall 10 responsibility for medical direction of the care and 11 treatment of patients and their families rendered by the 12 hospice care team, and shall consult and cooperate with the 13 patient's attending physician. 14 (e) The hospice program shall have a bereavement program 15 which shall provide a continuum of supportive services for 16 the family. 17 (f) The hospice program shall foster independence of the 18 patient and his family by providing training, encouragement 19 and support so that the patient and family can care for 20 themselves as much as possible. 21 (g) The hospice program shall not impose the dictates of 22 any value or belief system on its patients and their 23 families. 24 (h) The hospice program shall clearly define its 25 admission criteria. Decisions on admissions shall be made by 26 a hospice care team and shall be dependent upon the expressed 27 request and informed consent of the patient or the patient's 28 legal guardian. 29 (i) The hospice program shall keep accurate, current and 30 confidential records on all hospice patients and their 31 families. 32 (j) The hospice program shall utilize the services of 33 trained volunteers. 34 (k) The hospice program shall consist of both home care -7- LRB9213759ACcd 1 and inpatient care which incorporates the following 2 characteristics: 3 (1) The home care component shall be the primary form of 4 care, and shall be available on a part-time, intermittent, 5 regularly scheduled basis and on an on-call around-the-clock 6 basis, according to patient and family need. 7 (2) The inpatient component shall primarily be used only 8 for short-term stays. 9 If possible, inpatient care should closely approximate a 10 home-like environment, and provide overnight family 11 visitation within the facility. 12 (Source: P.A. 83-457.) 13 (210 ILCS 60/9) (from Ch. 111 1/2, par. 6109) 14 Sec. 9. Standards. The Department shall prescribe, by 15 regulation, minimum standards for licensed hospice programs. 16 (a) The standards forfullhospices shall include but 17 not be limited to: 18 (1) Compliance with the requirements in Section 8. 19 (2) The number and qualifications of persons 20 providing direct hospice services. 21 (3) The qualifications of those persons contracted 22 with to provide indirect hospice services. 23 (4) The palliative and supportive care and 24 bereavement counseling provided to a hospice patient and 25 his family. 26 (5) Hospice services provided on an inpatient 27 basis. 28 (6) Utilization review of patient care. 29 (7) The quality of care provided to patients. 30 (8) Procedures for the accurate and centralized 31 maintenance of records on hospice services provided to 32 patients and their families. 33 (9) The use of volunteers in the hospice program, -8- LRB9213759ACcd 1 and the training of those volunteers. 2 (10) The rights of the patient and the patient's 3 family. 4 (b) (Blank)The standards for volunteer hospice programs5shall include but not be limited to:6(1) The direct and indirect services provided by7the hospice, including the qualifications of personnel8providing medical care.9(2) Quality review of the services provided by the10hospice program.11(3) Procedures for the accurate and centralized12maintenance of records on hospice services provided to13patients and their families.14(4) The rights of the patient and the patient's15family.16(5) The use of volunteers in the hospice program.17(6) The disclosure to the patients of the range of18hospice services provided and not provided by the hospice19program. 20 (c) The standards for hospices owning or operating 21 hospice residences shall address the following: 22 (1) The safety, cleanliness, and general adequacy 23 of the premises, including provision for maintenance of 24 fire and health standards that conform to State laws and 25 municipal codes, to provide for the physical comfort, 26 well-being, care, and protection of the residents. 27 (2) Provisions and criteria for admission, 28 discharge, and transfer of residents. 29 (3) Fee and other contractual agreements with 30 residents. 31 (4) Medical and supportive services for residents. 32 (5) Maintenance of records and residents' right of 33 access of those records. 34 (6) Procedures for reporting abuse or neglect of -9- LRB9213759ACcd 1 residents. 2 (7) The number of persons who may be served in a 3 residence, which shall not exceed 16 persons per 4 location. 5 (8) The ownership, operation, and maintenance of 6 buildings containing a hospice residence. 7 (9) The number of licensed hospice residences shall 8 not exceed 6 before December 31, 1996 and shall not 9 exceed 12 before December 31, 1997. The Department shall 10 conduct a study of the benefits of hospice residences and 11 make a recommendation to the General Assembly as to the 12 need to limit the number of hospice residences after June 13 30, 1997. 14 (d) (Blank)In developing the standards for hospices,15the Department shall take into consideration the category of16the hospice programs. 17 (Source: P.A. 89-278, eff. 8-10-95.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.