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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
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92_SB1609eng SB1609 Engrossed 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, and 5 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) "Full hospice" 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. A full 20 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 SB1609 Engrossed -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 a full hospice; 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 SB1609 Engrossed -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 a full or volunteer 10 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 SB1609 Engrossed -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 provides 8 hospice services to patients regardless of their ability to 9 pay, with emphasis on the utilization of volunteers to 10 provide services, under the administration of a 11 not-for-profit agency. This definition does not prohibit the 12 employment 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 full 17 or volunteer hospice without first obtaining a license from 18 the Department. A hospice residence may be operated only at 19 the locations listed on the license. A full hospice owning 20 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 a full or volunteer hospice 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 and 30 shall not be transferred or assigned to any other person, 31 agency, or corporation. 32 (d) The license shall be renewed annually. 33 (e) The license shall be displayed in a conspicuous SB1609 Engrossed -5- LRB9213759ACcd 1 place inside the hospice program office. 2 (Source: P.A. 89-278, eff. 8-10-95.) 3 (210 ILCS 60/5) (from Ch. 111 1/2, par. 6105) 4 Sec. 5. Application for License. An application for 5 license or renewal thereof to operate as a full or volunteer 6 hospice shall be made to the Department upon forms provided 7 by it, and shall contain information reasonably required by 8 the Department, taking into consideration the different9categories of hospice programs. The application shall be 10 accompanied by: 11 (1) The hospice service plan; 12 (2) A financial statement containing information deemed 13 appropriate by the Departmentfor the category of the14applicant; and 15 (3) A uniform license fee determined by the Department 16based on the hospice program's category. 17 (Source: P.A. 84-427.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.