Public Act 93-0319
SB131 Enrolled LRB093 06231 LRD 06341 b
AN ACT concerning health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospice Program Licensing Act is amended
by changing Sections 3 and 4 as follows:
(210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Bereavement" means the period of time during which
the hospice patient's family experiences and adjusts to the
death of the hospice patient.
(b) "Department" means the Illinois Department of Public
Health.
(c) "Director" means the Director of the Illinois
Department of Public Health.
(d) "Full hospice" means a coordinated program of home
and inpatient care providing directly, or through agreement,
palliative and supportive medical, health and other services
to terminally ill patients and their families. A full
hospice utilizes a medically directed interdisciplinary
hospice care team of professionals and volunteers. The
program provides care to meet the physical, psychological,
social, spiritual and other special needs which are
experienced during the final stages of illness and during
dying and bereavement. Home care is to be provided on a
part-time, intermittent, regularly scheduled basis, and on an
on-call around-the-clock basis according to patient and
family need. To the maximum extent possible, care shall be
furnished in the patient's home. Should in-patient care be
required, services are to be provided with the intent of
minimizing the length of such care and shall only be provided
in a hospital licensed under the Hospital Licensing Act, or a
skilled nursing facility licensed under the Nursing Home Care
Act.
(e) "Hospice care team" means an interdisciplinary
working unit composed of but not limited to a physician
licensed to practice medicine in all of its branches, a nurse
licensed pursuant to the Nursing and Advanced Practice
Nursing Act, a social worker, a pastoral or other counselor,
and trained volunteers. The patient and the patient's family
are considered members of the hospice care team when
development or revision of the patient's plan of care takes
place.
(f) "Hospice patient" means a terminally ill person
receiving hospice services.
(g) "Hospice patient's family" means a hospice patient's
immediate family consisting of a spouse, sibling, child,
parent and those individuals designated as such by the
patient for the purposes of this Act.
(g-1) "Hospice residence" means a home, apartment
building, or similar building providing living quarters:
(1) that is owned or operated by a person licensed
to operate as a full hospice; and
(2) at which hospice services are provided to
facility residents.
A building that is licensed under the Hospital Licensing
Act or the Nursing Home Care Act is not a hospice residence.
(h) "Hospice services" means palliative and supportive
care provided to a hospice patient and his family to meet the
special need arising out of the physical, emotional,
spiritual and social stresses which are experienced during
the final stages of illness and during dying and bereavement.
Services provided to the terminally ill patient shall be
furnished, to the maximum extent possible, in the patient's
home. Should inpatient care be required, services are to be
provided with the intent of minimizing the length of such
care.
(i) "Palliative care" means treatment to provide for the
reduction or abatement of pain and other troubling symptoms,
rather than treatment aimed at investigation and intervention
for the purpose of cure or inappropriate prolongation of
life.
(j) "Hospice service plan" means a plan detailing the
specific hospice services offered by a full or volunteer
hospice, and the administrative and direct care personnel
responsible for those services. The plan shall include but
not be limited to:
(1) Identification of the person or persons
administratively responsible for the program, and the
affiliation of such person or persons with a licensed
home health agency, hospital or nursing home.
(2) The estimated average monthly patient census.
(3) The proposed geographic area the hospice will
serve.
(4) A listing of those hospice services provided
directly by the hospice, and those hospice services
provided indirectly through a contractual agreement.
(5) The name and qualifications of those persons or
entities under contract to provide indirect hospice
services.
(6) The name and qualifications of those persons
providing direct hospice services, with the exception of
volunteers.
(7) A description of how the hospice plans to
utilize volunteers in the provision of hospice services.
(8) A description of the program's record keeping
system.
(k) "Terminally ill" means a medical prognosis by a
physician licensed to practice medicine in all of its
branches that a patient has an anticipated life expectancy of
one year 6 months or less.
(l) "Volunteer" means a person who offers his or her
services to a hospice without compensation. Reimbursement
for a volunteer's expenses in providing hospice service shall
not be considered compensation.
(m) "Volunteer hospice" means a program which provides
hospice services to patients regardless of their ability to
pay, with emphasis on the utilization of volunteers to
provide services, under the administration of a
not-for-profit agency. This definition does not prohibit the
employment of staff.
(Source: P.A. 89-278, eff. 8-10-95; 90-742, eff. 8-13-98.)
(210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
Sec. 4. License.
(a) No person shall establish, conduct or maintain a full
or volunteer hospice without first obtaining a license from
the Department. A hospice residence may be operated only at
the locations listed on the license. A full hospice owning
or operating a hospice residence is not subject to the
provisions of the Nursing Home Care Act in owning or
operating a hospice residence.
(b) No public or private agency shall advertise or
present itself to the public as a full or volunteer hospice
which provides hospice services without meeting the
provisions of subsection (a).
(c) The license shall be valid only in the possession of
the hospice home health agency, hospital, nursing home or
not-for-profit agency to which it was originally issued and
shall not be transferred or assigned to any other person,
agency, or corporation.
(d) The license shall be renewed annually.
(e) The license shall be displayed in a conspicuous
place inside the hospice program office.
(Source: P.A. 89-278, eff. 8-10-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.