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92_SB1609sam001
LRB9213759ACsbam
1 AMENDMENT TO SENATE BILL 1609
2 AMENDMENT NO. . Amend Senate Bill 1609 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Hospice Program Licensing Act is
5 amended 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,
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1 social, spiritual and other special needs which are
2 experienced during the final stages of illness and during
3 dying and bereavement. Home care is to be provided on a
4 part-time, intermittent, regularly scheduled basis, and on an
5 on-call around-the-clock basis according to patient and
6 family need. To the maximum extent possible, care shall be
7 furnished in the patient's home. Should in-patient care be
8 required, services are to be provided with the intent of
9 minimizing the length of such care and shall only be provided
10 in a hospital licensed under the Hospital Licensing Act, or a
11 skilled nursing facility licensed under the Nursing Home Care
12 Act.
13 (e) "Hospice care team" means an interdisciplinary
14 working unit composed of but not limited to a physician
15 licensed to practice medicine in all of its branches, a nurse
16 licensed pursuant to the Nursing and Advanced Practice
17 Nursing Act, a social worker, a pastoral or other counselor,
18 and trained volunteers. The patient and the patient's family
19 are considered members of the hospice care team when
20 development or revision of the patient's plan of care takes
21 place.
22 (f) "Hospice patient" means a terminally ill person
23 receiving hospice services.
24 (g) "Hospice patient's family" means a hospice patient's
25 immediate family consisting of a spouse, sibling, child,
26 parent and those individuals designated as such by the
27 patient for the purposes of this Act.
28 (g-1) "Hospice residence" means a home, apartment
29 building, or similar building providing living quarters:
30 (1) that is owned or operated by a person licensed
31 to operate as a full hospice; and
32 (2) at which hospice services are provided to
33 facility residents.
34 A building that is licensed under the Hospital Licensing
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1 Act or the Nursing Home Care Act is not a hospice residence.
2 (h) "Hospice services" means palliative and supportive
3 care provided to a hospice patient and his family to meet the
4 special need arising out of the physical, emotional,
5 spiritual and social stresses which are experienced during
6 the final stages of illness and during dying and bereavement.
7 Services provided to the terminally ill patient shall be
8 furnished, to the maximum extent possible, in the patient's
9 home. Should inpatient care be required, services are to be
10 provided with the intent of minimizing the length of such
11 care.
12 (i) "Palliative care" means treatment to provide for the
13 reduction or abatement of pain and other troubling symptoms,
14 rather than treatment aimed at investigation and intervention
15 for the purpose of cure or inappropriate prolongation of
16 life.
17 (j) "Hospice service plan" means a plan detailing the
18 specific hospice services offered by a full or volunteer
19 hospice, and the administrative and direct care personnel
20 responsible for those services. The plan shall include but
21 not be limited to:
22 (1) Identification of the person or persons
23 administratively responsible for the program, and the
24 affiliation of such person or persons with a licensed
25 home health agency, hospital or nursing home.
26 (2) The estimated average monthly patient census.
27 (3) The proposed geographic area the hospice will
28 serve.
29 (4) A listing of those hospice services provided
30 directly by the hospice, and those hospice services
31 provided indirectly through a contractual agreement.
32 (5) The name and qualifications of those persons or
33 entities under contract to provide indirect hospice
34 services.
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1 (6) The name and qualifications of those persons
2 providing direct hospice services, with the exception of
3 volunteers.
4 (7) A description of how the hospice plans to
5 utilize volunteers in the provision of hospice services.
6 (8) A description of the program's record keeping
7 system.
8 (k) "Terminally ill" means a medical prognosis by a
9 physician licensed to practice medicine in all of its
10 branches that a patient has an anticipated life expectancy of
11 a year 6 months or less.
12 (l) "Volunteer" means a person who offers his or her
13 services to a hospice without compensation. Reimbursement
14 for a volunteer's expenses in providing hospice service shall
15 not be considered compensation.
16 (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
19 provide services, under the administration of a
20 not-for-profit agency. This definition does not prohibit the
21 employment of staff.
22 (Source: P.A. 89-278, eff. 8-10-95; 90-742, eff. 8-13-98.)
23 (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
24 Sec. 4. License.
25 (a) No person shall establish, conduct or maintain a full
26 or volunteer hospice without first obtaining a license from
27 the Department. A hospice residence may be operated only at
28 the locations listed on the license. A full hospice owning
29 or operating a hospice residence is not subject to the
30 provisions of the Nursing Home Care Act in owning or
31 operating a hospice residence.
32 (b) No public or private agency shall advertise or
33 present itself to the public as a full or volunteer hospice
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1 which provides hospice services without meeting the
2 provisions of subsection (a).
3 (c) The license shall be valid only in the possession of
4 the hospice home health agency, hospital, nursing home or
5 not-for-profit agency to which it was originally issued and
6 shall not be transferred or assigned to any other person,
7 agency, or corporation.
8 (d) The license shall be renewed annually.
9 (e) The license shall be displayed in a conspicuous
10 place inside the hospice program office.
11 (Source: P.A. 89-278, eff. 8-10-95.)
12 (210 ILCS 60/5) (from Ch. 111 1/2, par. 6105)
13 Sec. 5. Application for License. An application for
14 license or renewal thereof to operate as a full or volunteer
15 hospice shall be made to the Department upon forms provided
16 by it, and shall contain information reasonably required by
17 the Department, taking into consideration the different
18 categories of hospice programs. The application shall be
19 accompanied by:
20 (1) The hospice service plan;
21 (2) A financial statement containing information deemed
22 appropriate by the Department for the category of the
23 applicant; and
24 (3) A uniform license fee determined by the Department
25 based on the hospice program's category.
26 (Source: P.A. 84-427.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".