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SB0774 Engrossed LRB103 03230 AMQ 48236 b AN ACT concerning regulation.
SB0774 Enrolled LRB103 03230 AMQ 48236 b AN ACT concerning regulation.
(2) community-based residential care for persons who need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet SB0774 Engrossed - 2 - LRB103 03230 AMQ 48236 b the scheduled and unscheduled needs of a resident;
(2) community-based residential care for persons who need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet SB0774 Enrolled - 2 - LRB103 03230 AMQ 48236 b the scheduled and unscheduled needs of a resident;
However, a facility licensed under any of those Acts may convert distinct SB0774 Engrossed - 3 - LRB103 03230 AMQ 48236 b parts of the facility to assisted living.
However, a facility licensed under any of those Acts may convert distinct SB0774 Enrolled - 3 - LRB103 03230 AMQ 48236 b parts of the facility to assisted living.
a life care facility SB0774 Engrossed - 4 - LRB103 03230 AMQ 48236 b may apply under this Act to convert sections of the community to assisted living.
a life care facility SB0774 Enrolled - 4 - LRB103 03230 AMQ 48236 b may apply under this Act to convert sections of the community to assisted living.
SB0774 Engrossed - 5 - LRB103 03230 AMQ 48236 b "Licensee" means a person, agency, association, corporation, partnership, or organization that has been issued a license to operate an assisted living or shared housing establishment.
SB0774 Enrolled - 5 - LRB103 03230 AMQ 48236 b "Licensee" means a person, agency, association, corporation, partnership, or organization that has been issued a license to operate an assisted living or shared housing establishment.
"Negotiated risk" is the process by which a resident, or SB0774 Engrossed - 6 - LRB103 03230 AMQ 48236 b his or her representative, may formally negotiate with providers what risks each are willing and unwilling to assume in service provision and the resident's living environment.
"Negotiated risk" is the process by which a resident, or SB0774 Enrolled - 6 - LRB103 03230 AMQ 48236 b his or her representative, may formally negotiate with providers what risks each are willing and unwilling to assume in service provision and the resident's living environment.
"Qualified establishment" means an assisted living and SB0774 Engrossed - 7 - LRB103 03230 AMQ 48236 b shared housing establishment licensed by the Department of Public Health.
"Qualified establishment" means an assisted living and SB0774 Enrolled - 7 - LRB103 03230 AMQ 48236 b shared housing establishment licensed by the Department of Public Health.
(2) community-based residential care for persons who need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if SB0774 Engrossed - 8 - LRB103 03230 AMQ 48236 b needed, to meet the scheduled and unscheduled needs of a resident;
(2) community-based residential care for persons who need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if SB0774 Enrolled - 8 - LRB103 03230 AMQ 48236 b needed, to meet the scheduled and unscheduled needs of a resident;
(5) A community living facility as defined in the SB0774 Engrossed - 9 - LRB103 03230 AMQ 48236 b Community Living Facilities Licensing Act.
(5) A community living facility as defined in the SB0774 Enrolled - 9 - LRB103 03230 AMQ 48236 b Community Living Facilities Licensing Act.
1-1-18.) SB0774 Engrossed - 10 - LRB103 03230 AMQ 48236 b (210 ILCS 9/70) Sec.
1-1-18.) SB0774 Enrolled - 10 - LRB103 03230 AMQ 48236 b (210 ILCS 9/70) Sec.
Supervision of self-administered medication shall be under the direction of a licensed health care professional or, in the case of a SB0774 Engrossed - 11 - LRB103 03230 AMQ 48236 b certified medication aide, under the supervision and delegation of a registered nurse as authorized by Section 50-75 of the Nurse Practice Act.
Supervision of self-administered medication shall be under the direction of a licensed health care professional or, in the case of a SB0774 Enrolled - 11 - LRB103 03230 AMQ 48236 b certified medication aide, under the supervision and delegation of a registered nurse as authorized by Section 50-75 of the Nurse Practice Act.
(a) The Department shall administer and enforce a SB0774 Engrossed - 12 - LRB103 03230 AMQ 48236 b Certified Medication Aide Program and regulate certified medication aides.
(a) The Department shall administer and enforce a SB0774 Enrolled - 12 - LRB103 03230 AMQ 48236 b Certified Medication Aide Program and regulate certified medication aides.
SB0774 Engrossed - 13 - LRB103 03230 AMQ 48236 b (b) No person shall practice as a medication aide or hold himself or herself out as a certified medication aide in this State unless he or she is certified in accordance with this Section.
SB0774 Enrolled - 13 - LRB103 03230 AMQ 48236 b (b) No person shall practice as a medication aide or hold himself or herself out as a certified medication aide in this State unless he or she is certified in accordance with this Section.
Certified medication aides must be supervised by and receive delegation by a registered nurse, as SB0774 Engrossed - 14 - LRB103 03230 AMQ 48236 b authorized by Section 50-75 of the Nurse Practice Act, that is on duty and present in the establishment at all times.
Certified medication aides must be supervised by and receive delegation by a registered nurse, as SB0774 Enrolled - 14 - LRB103 03230 AMQ 48236 b authorized by Section 50-75 of the Nurse Practice Act, that is on duty and present in the establishment at all times.
(e) Applications for original certification shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which SB0774 Engrossed - 15 - LRB103 03230 AMQ 48236 b shall not be refundable.
(e) Applications for original certification shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which SB0774 Enrolled - 15 - LRB103 03230 AMQ 48236 b shall not be refundable.
The Department may employ consultants for the purposes of SB0774 Engrossed - 16 - LRB103 03230 AMQ 48236 b preparing and conducting examinations.
The Department may employ consultants for the purposes of SB0774 Enrolled - 16 - LRB103 03230 AMQ 48236 b preparing and conducting examinations.
to be SB0774 Engrossed - 17 - LRB103 03230 AMQ 48236 b approved, the program must include a minimum of 60 hours of classroom-based medication aide education, a minimum of 10 hours of simulation laboratory study, and a minimum of 30 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient medication assistance;
to be SB0774 Enrolled - 17 - LRB103 03230 AMQ 48236 b approved, the program must include a minimum of 60 hours of classroom-based medication aide education, a minimum of 10 hours of simulation laboratory study, and a minimum of 30 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient medication assistance;
(j) The Department shall adopt rules to implement the provisions of this Section within 180 days after the effective date of this amendatory Act of the 103rd General Assembly.
(j) The Department shall propose rules to implement the provisions of this Section within 180 days after the effective date of this amendatory Act of the 103rd General Assembly.
The Illinois Public Aid Code is amended by adding Section 5-5.01c as follows:
The Illinois Public Aid Code is amended by changing Section 5-5.01a as follows:
SB0774 Engrossed - 18 - LRB103 03230 AMQ 48236 b (305 ILCS 5/5-5.01c new) Sec.
SB0774 Enrolled - 18 - LRB103 03230 AMQ 48236 b (305 ILCS 5/5-5.01a) Sec.
5-5.01c.
5-5.01a.
Certified medication aide.
Supportive living facilities program.
(a) As used in this Section:
(a) The Department shall establish and provide oversight for a program of supportive living facilities that seek to promote resident independence, dignity, respect, and well-being in the most cost-effective manner.
"Certified medication aide" means a person who has met the qualifications for certification under this Section and assists with medication administration while under the supervision of a registered professional nurse in a long-term care facility.
A supportive living facility is (i) a free-standing facility or (ii) a distinct physical and operational entity within a mixed-use building that meets the criteria established in subsection (d).
"Department" means the Department of Healthcare and Family Services.
A supportive living facility integrates housing with health, personal care, and supportive services and is a designated setting that offers residents their own separate, private, and distinct living units.
"Direct-care assignment" means an assignment for staffing requirements for direct care staff as that term is defined under 77 Ill.
Sites for the operation of the program shall be selected by the Department based upon criteria that may include the need for services in a geographic area, the availability of funding, and the site's ability to meet the standards.
Adm.
(b) Beginning July 1, 2014, subject to federal approval, the Medicaid rates for supportive living facilities shall be equal to the supportive living facility Medicaid rate effective on June 30, 2014 increased by 8.85%.
Code 300.1230.
Once the assessment imposed at Article V-G of this Code is determined to be a permissible tax under Title XIX of the Social Security Act, the Department shall increase the Medicaid rates for supportive living facilities effective on July 1, 2014 by SB0774 Enrolled - 19 - LRB103 03230 AMQ 48236 b 9.09%.
"Program" means the Certified Medication Aide Program.
The Department shall apply this increase retroactively to coincide with the imposition of the assessment in Article V-G of this Code in accordance with the approval for federal financial participation by the Centers for Medicare and Medicaid Services.
"Qualified facility" means a supportive living program setting approved and certified by the Department of Healthcare and Family Services to participate in the supportive living program under Section 5-5.01a.
The Medicaid rates for supportive living facilities effective on July 1, 2017 must be equal to the rates in effect for supportive living facilities on June 30, 2017 increased by 2.8%.
(b) The Department shall administer and enforce a Certified Medication Aide Program and regulate certified medication aides.
The Medicaid rates for supportive living facilities effective on July 1, 2018 must be equal to the rates in effect for supportive living facilities on June 30, 2018.
To be approved as a facility qualified to participate in the program, a facility must satisfy all of the following requirements:
Subject to federal approval, the Medicaid rates for supportive living services on and after July 1, 2019 must be at least 54.3% of the average total nursing facility services per diem for the geographic areas defined by the Department while maintaining the rate differential for dementia care and must be updated whenever the total nursing facility service per diems are updated.
(1) Be certified and in good standing as a supportive living facility by the Department.
Beginning July 1, 2022, upon the implementation of the Patient Driven Payment Model, Medicaid rates for supportive living services must be at least 54.3% of the average total nursing services per diem rate for the geographic areas.
SB0774 Engrossed - 19 - LRB103 03230 AMQ 48236 b (2) Certify that the employment of a certified medication aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility.
For purposes of this provision, the average total nursing services per diem rate shall include all add-ons for nursing facilities for the geographic area provided for in Section 5-5.2.
(3) Certify that a registered nurse will be on duty and present in the facility to delegate and supervise the administration of medication by a certified medication aide at all times.
The rate differential for dementia care must be SB0774 Enrolled - 20 - LRB103 03230 AMQ 48236 b maintained in these rates and the rates shall be updated whenever nursing facility per diem rates are updated.
(4) Certify that, with the exception of licensed health care professionals, only certified medication aides will be employed in the capacity of administering medication.
Subject to federal approval, beginning January 1, 2024, the dementia care rate for supportive living services must be no less than the non-dementia care supportive living services rate multiplied by 1.5.
(5) Provide information regarding patient safety, efficiency, and errors as determined by the Department.
(c) The Department may adopt rules to implement this Section.
Failure to submit any required report may be grounds for discipline or sanctions as prescribed by the Department.
Rules that establish or modify the services, standards, and conditions for participation in the program shall be adopted by the Department in consultation with the Department on Aging, the Department of Rehabilitation Services, and the Department of Mental Health and Developmental Disabilities (or their successor agencies).
The Department shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 2 years after the effective date of this amendatory Act of the 103rd General Assembly.
(d) Subject to federal approval by the Centers for Medicare and Medicaid Services, the Department shall accept for consideration of certification under the program any application for a site or building where distinct parts of the site or building are designated for purposes other than the provision of supportive living services, but only if:
(c) No person shall practice as a medication aide or hold himself or herself out as a certified medication aide in this State unless he or she is certified in accordance with this Section.
(1) those distinct parts of the site or building are not designated for the purpose of providing assisted living services as required under the Assisted Living and Shared Housing Act;
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Nothing in this Section shall be construed as preventing SB0774 Engrossed - 20 - LRB103 03230 AMQ 48236 b or restricting the practice, services, or activities of:
(2) those distinct parts of the site or building are completely separate from the part of the building used for the provision of supportive living program services, SB0774 Enrolled - 21 - LRB103 03230 AMQ 48236 b including separate entrances;
(1) any person licensed in this State by any other law from engaging in the profession or occupation for which he or she is licensed;
(3) those distinct parts of the site or building do not share any common spaces with the part of the building used for the provision of supportive living program services;
(2) any person employed as a medication aide by the government of the United States, if such person practices as a medication aide solely under the direction or control of the organization by which he or she is employed;
and (4) those distinct parts of the site or building do not share staffing with the part of the building used for the provision of supportive living program services.
or (3) any person pursuing a course of study leading to a certificate in medication aide at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if such person is designated by a title which clearly indicates his or her status as a student or trainee.
(e) Facilities or distinct parts of facilities which are selected as supportive living facilities and are in good standing with the Department's rules are exempt from the provisions of the Nursing Home Care Act and the Illinois Health Facilities Planning Act.
Nothing in this Section shall be construed to limit the delegation of tasks or duties by a physician, dentist, advanced practice registered nurse, or podiatric physician as authorized by law.
(f) Section 9817 of the American Rescue Plan Act of 2021 (Public Law 117-2) authorizes a 10% enhanced federal medical assistance percentage for supportive living services for a 12-month period from April 1, 2021 through March 31, 2022.
(d) A certified medication aide may only practice in a qualified establishment.
Subject to federal approval, including the approval of any necessary waiver amendments or other federally required documents or assurances, for a 12-month period the Department must pay a supplemental $26 per diem rate to all supportive living facilities with the additional federal financial participation funds that result from the enhanced federal medical assistance percentage from April 1, 2021 through March 31, 2022.
Certified medication aides must be supervised by and receive delegation by a registered nurse, as authorized by Section 50-75 of the Nurse Practice Act, that is on duty and present in the establishment at all times.
The Department may issue parameters around how the supplemental payment should be spent, including quality SB0774 Enrolled - 22 - LRB103 03230 AMQ 48236 b improvement activities.
Certified medication aides shall not have a direct-care assignment when scheduled to work as a certified medication aide, but may assist residents as needed.
The Department may alter the form, methods, or timeframes concerning the supplemental per diem rate to comply with any subsequent changes to federal law, changes made by guidance issued by the federal Centers for Medicare and Medicaid Services, or other changes necessary to receive the enhanced federal medical assistance percentage.
Certified medication SB0774 Engrossed - 21 - LRB103 03230 AMQ 48236 b aides shall not administer any medication until a physician has conducted an initial assessment of the resident.
(g) All applications for the expansion of supportive living dementia care settings involving sites not approved by the Department on January 1, 2024 (the effective date of Public Act 103-102) this amendatory Act of the 103rd General Assembly may allow new elderly non-dementia units in addition to new dementia care units.
Certified medication aides shall not administer any Schedule II controlled substances as set forth in the Illinois Controlled Substances Act and may not administer any subcutaneous, intramuscular, intradermal, or intravenous medication.
The Department may approve such applications only if the application has:
(e) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a medication aide without being certified in accordance with this Section shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount as determined by the Department.
(1) no more than one non-dementia care unit for each dementia care unit and (2) the site is not located within 4 miles of an existing supportive living program site in Cook County (including the City of Chicago), not located within 12 miles of an existing supportive living program site in DuPage County, Kane County, Lake County, McHenry County, or Will County, or not located within 25 miles of an existing supportive living program site in any other county.
The Department has the authority and power to investigate any and all uncertified activity.
(f) Subject to federal approval, the Department shall allow a certified medication aide to administer medication in a supportive living facility.
The civil penalty shall be paid within 60 days after the date of the order imposing the civil penalty.
For purposes of this subsection, "certified medication aide" means a person who has met the qualifications for certification under Section 79 of the SB0774 Enrolled - 23 - LRB103 03230 AMQ 48236 b Assisted Living and Shared Housing Act and assists with medication administration while under the supervision of a registered professional nurse as authorized by Section 50-75 of the Nurse Practice Act.
The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
The Department may adopt rules to implement this subsection.
(f) Applications for original certification shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable.
(Source:
The application shall require such information that, in the judgment of the Department, enables the Department to pass on the qualifications of the applicant for certification.
P.A.
SB0774 Engrossed - 22 - LRB103 03230 AMQ 48236 b (g) The Department shall authorize examinations of applicants for a certificate under this Section at the times and places as it may designate.
102-43, eff.
The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a medication aide.
7-6-21;
Applicants for examination as a medication aide shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination.
102-699, eff.
Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
4-19-22;
If an applicant fails to pass an examination for certification in accordance with this Section within 3 years after filing his or her application, the application shall be denied.
103-102, Article 20, Section 20-5, eff.
The applicant may thereafter make a new application accompanied by the required fee;
1-1-24;
however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining certification.
103-102, Article 100, Section 100-5, eff.
The Department may employ consultants for the purposes of preparing and conducting examinations.
1-1-24;
(h) An applicant for certification by examination to practice as a certified medication aide must:
revised 12-15-23.) Section 99.
(1) submit a completed written application on forms provided by the Department and fees as established by the SB0774 Engrossed - 23 - LRB103 03230 AMQ 48236 b Department;
(2) be age 18 or older;
(3) have a high school diploma or a high school equivalency certificate;
(4) demonstrate the ability to speak, read, and write the English language, as determined by rule;
(5) demonstrate competency in math, as determined by rule;
(6) be currently certified in good standing as a certified nursing assistant and provide proof of 2,000 hours of practice as a certified nursing assistant within 3 years before application for a certificate under this Section;
(7) submit to the criminal history records check required under Section 46 of the Health Care Worker Background Check Act;
(8) have not engaged in conduct or behavior determined to be grounds for discipline under this Act;
(9) be currently certified to perform cardiopulmonary resuscitation by the American Heart Association or American Red Cross;
(10) have successfully completed a course of study approved by the Department as defined by rule;
to be approved, the program must include a minimum of 60 hours of classroom-based medication aide education, a minimum of 10 hours of simulation laboratory study, and a minimum of SB0774 Engrossed - 24 - LRB103 03230 AMQ 48236 b 30 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient medication assistance;
(11) have successfully completed the Medication Aide Certification Examination or other examination authorized by the Department;
and (12) submit proof of employment by a qualifying facility.
(i) The expiration date for each certification to practice as a certified medication aide shall be set by the rule.
Enforcement and violations shall be subject to those within this Act.
(j) No person shall use the title "certified medication aide" unless he or she holds a valid certificate issued by the Department in accordance with this Section.
(k) The Department shall adopt rules to implement the provisions of this Section within 180 days after the effective date of this amendatory Act of the 103rd General Assembly.
Section 99.
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