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Public Act 096-0577 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Home Health, Home Services, and Home Nursing | ||||
Agency Licensing Act is amended by changing Sections 2.08, 6.3, | ||||
and 6.7 as follows: | ||||
(210 ILCS 55/2.08) | ||||
Sec. 2.08. "Home services agency" means an agency that | ||||
provides services directly, or acts as a placement agency, for | ||||
the purpose of placing individuals as workers providing home | ||||
services for consumers in their personal residences. "Home | ||||
services agency" does not include agencies licensed under the | ||||
Nurse Agency Licensing Act, the Hospital Licensing Act, the | ||||
Nursing Home Care Act, or the Assisted Living and Shared | ||||
Housing Act and does not include an agency that limits its | ||||
business exclusively to providing housecleaning services. | ||||
Programs providing services exclusively through the Community | ||||
Care Program of the Illinois Department on Aging , or the | ||||
Department of Human Services Office of Rehabilitation | ||||
Services , or the United States Department of Veterans Affairs | ||||
are not considered to be a home services agency under this Act.
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(Source: P.A. 94-379, eff. 1-1-06.) |
(210 ILCS 55/6.3) | ||
Sec. 6.3. Home services agencies; standards; fees. | ||
(a) Before January 1, 2008, the Department shall adopt | ||
standards for the licensure and operation of home services | ||
agencies operated in this State. The structure of the standards | ||
shall be based on the concept of home services and its focus on | ||
assistance with activities of daily living, housekeeping, | ||
personal laundry, and companionship being provided to an | ||
individual intended to enable that individual to remain safely | ||
and comfortably in his or her own personal residence. As home | ||
services do not include services that would be required to be | ||
performed by an individual licensed under the Nurse Practice | ||
Act, the standards shall be developed from a similar concept. | ||
After consideration and recommendations by the Home Health and | ||
Home Services Advisory Committee, the Department shall adopt | ||
such rules and regulations as are necessary for the proper | ||
regulation of home services agencies. Requirements for | ||
licensure as a home services agency shall include the | ||
following: | ||
(1) Compliance with the requirements of the Health Care | ||
Worker Background Check Act. | ||
(2) Notification, in a form and manner established by | ||
the Department by rule, to home services workers and | ||
consumers as to the party or parties responsible under | ||
State and federal laws for payment of employment taxes, | ||
social security taxes, and workers' compensation, |
liability, the day-to-day supervision of workers, and the | ||
hiring, firing, and discipline of workers with the | ||
placement arrangement for home services. | ||
(3) Compliance with rules, as adopted by the | ||
Department, in regard to (i) reporting by the licensee of | ||
any known or suspected incidences of abuse, neglect, or | ||
financial exploitation of an eligible adult, as defined in | ||
the Elder Abuse and Neglect Act, by a home services worker | ||
employed by or placed by the licensee or (ii) reports to a | ||
law enforcement agency in connection with any other | ||
individual protected under the laws of the State of | ||
Illinois. | ||
(4) Compliance with rules, as adopted by the | ||
Department, addressing the health, safety, and well-being | ||
of clients receiving home services. | ||
(b) The Department may establish fees for home services | ||
agency licensure in rules in a manner that will make the | ||
program self-supporting. The amount of the licensure fees shall | ||
be based on the funding required for operation of the licensure | ||
program. Notwithstanding any other provision of this Section, | ||
the Department may not charge any fee to a certified local | ||
health department in connection with the licensure of a home | ||
services agency.
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(Source: P.A. 94-379, eff. 1-1-06; 95-639, eff. 10-5-07.) | ||
(210 ILCS 55/6.7) |
Sec. 6.7. Home nursing agencies; standards; fees. | ||
(a) Before January 1, 2008, the Department shall adopt | ||
standards for the licensure and operation of home nursing | ||
agencies operated in this State. After consideration and | ||
recommendations by the Home Health and Home Services Advisory | ||
Committee, the Department shall adopt such rules as are | ||
necessary for the proper regulation of home nursing agencies. | ||
Requirements for licensure as a home nursing agency shall | ||
include the following: | ||
(1) Compliance with the requirements of the Health Care | ||
Worker Background Check Act. | ||
(2) Notification, in a form and manner established by | ||
the Department by rule, to home nursing agency workers and | ||
consumers as to the party or parties responsible under | ||
State and federal laws for payment of employment taxes, | ||
social security taxes, and workers' compensation, | ||
liability, the day-to-day supervision of workers, and the | ||
hiring, firing, and discipline of workers with the | ||
placement arrangement for home nursing services. | ||
(3) Compliance with rules, as adopted by the | ||
Department, in regard to (i) reporting by the licensee of | ||
any known or suspected incidences of abuse, neglect, or | ||
financial exploitation of an eligible adult, as defined in | ||
the Elder Abuse and Neglect Act, by a home nursing care | ||
worker employed by or placed by the licensee or (ii) | ||
reports to a law enforcement agency in connection with any |
other individual protected under the laws of the State of | ||
Illinois. | ||
(4) Compliance with rules, as adopted by the | ||
Department, addressing the health, safety, and well-being | ||
of clients receiving home nursing services. | ||
(b) The Department may establish fees for home nursing | ||
agency licensure in rules in a manner that will make the | ||
program self-supporting. The amount of the licensure fees shall | ||
be based on the funding required for the operation of the | ||
licensure program. Notwithstanding any other provision of this | ||
Section, the Department may not charge any fee to a certified | ||
local health department in connection with the licensure of a | ||
home nursing agency.
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(Source: P.A. 94-379, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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