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SB0159 Engrossed LRB094 03627 DRJ 38994 b AN ACT concerning business.
SB0159 Enrolled LRB094 03627 DRJ 38994 b AN ACT concerning business.
Therefore, the purpose of this Act is to provide for the better protection of the public health, well-being, and SB0159 Engrossed - 2 - LRB094 03627 DRJ 38994 b safety through the development, establishment, and enforcement of standards for services, as well as standards for the care of individuals receiving home health services and home nursing services, and in the light of advancing knowledge, will provide a viable alternative to the premature institutionalization of these individuals.
Therefore, the purpose of this Act is to provide for the better protection of the public health, well-being, and SB0159 Enrolled - 2 - LRB094 03627 DRJ 38994 b safety through the development, establishment, and enforcement of standards for services, as well as standards for the care of individuals receiving home health services and home nursing services, and in the light of advancing knowledge, will provide a viable alternative to the premature institutionalization of these individuals.
"Home services agency" does not include agencies licensed under the Nurse Agency Licensing Act, the Nursing Home Care Act, or the SB0159 Engrossed - 3 - LRB094 03627 DRJ 38994 b Assisted Living and Shared Housing Act and does not include an agency that limits its business exclusively to providing housecleaning services.
"Home services agency" does not include agencies licensed under the Nurse Agency Licensing Act, the Hospital Licensing Act, the SB0159 Enrolled - 3 - LRB094 03627 DRJ 38994 b 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.
SB0159 Engrossed - 4 - LRB094 03627 DRJ 38994 b (210 ILCS 55/2.12 new) Sec.
SB0159 Enrolled - 4 - LRB094 03627 DRJ 38994 b (210 ILCS 55/2.12 new) Sec.
Rules adopted by the Department may include a system or schedule for graduated licensing of agencies under this Act that allows a home services agency to be licensed in conjunction with the licensure of a home health agency with continued compliance at the highest level of licensure and payment of the higher of the 2 licensure fees to the Department.
Any licensure fee collected for such a graduated license shall be deposited into the Home Care Services Agency Licensure Fund.
On and after September 1, 2008, no person shall open, manage, conduct, or maintain a home nursing agency, or advertise himself or herself as a home nursing agency or as offering services that would be included in the definition of a home nursing agency, SB0159 Engrossed - 5 - LRB094 03627 DRJ 38994 b without a license issued by the Department.
On and after September 1, 2008, no person shall open, manage, conduct, or maintain a home nursing agency, or advertise himself or herself as a home nursing agency or as offering services that would be included in the definition of a home nursing agency, without a license issued by the Department.
Rules adopted by the Department may include a system or schedule for graduated licensing of agencies under this Act that allows a home nursing agency to be licensed in conjunction with the licensure of a home health agency with continued compliance at the highest level of licensure and payment of the higher of the 2 licensure fees to the Department.
Any licensure fee collected for such a graduated license shall be deposited into the Home Care Services Agency Licensure Fund.
(a) If an applicant for licensure has not been previously licensed, or if the home health agency, home services agency, or home nursing agency is not in operation at the time application is made, the Department may issue a provisional license.
(a) If an applicant for licensure has not been previously SB0159 Enrolled - 5 - LRB094 03627 DRJ 38994 b licensed, or if the home health agency, home services agency, or home nursing agency is not in operation at the time application is made, the Department may issue a provisional license.
(b)(1) The Director may also issue a provisional license to any licensed home health agency which does not substantially comply with the provisions of this Act and the rules promulgated hereunder, provided he finds that the health, and safety, and well-being of the clients patients of the home health agency will be protected during the period for which SB0159 Engrossed - 6 - LRB094 03627 DRJ 38994 b such provisional license is issued.
(b)(1) The Director may also issue a provisional license to any licensed home health agency which does not substantially comply with the provisions of this Act and the rules promulgated hereunder, provided he finds that the health, and safety, and well-being of the clients patients of the home health agency will be protected during the period for which such provisional license is issued.
(c) An annual license shall be issued to any person conducting or maintaining a home health agency upon receipt of an application and payment of the licensure fee, and when the other requirements of this Act, and the standards, rules and regulations promulgated hereunder, are met.
(c) An annual license shall be issued to any person SB0159 Enrolled - 6 - LRB094 03627 DRJ 38994 b conducting or maintaining a home health agency upon receipt of an application and payment of the licensure fee, and when the other requirements of this Act, and the standards, rules and regulations promulgated hereunder, are met.
The fee for each license or any renewal shall be $25.
The fee for each single home health agency license or any renewal shall be $25.
(d) As provided in rules adopted by the Department under Sections 3.3 and 3.7 of this Act, a licensed home health agency that maintains a home services agency or home nursing agency may opt to maintain licensure under a graduated system.
(d) The Department shall establish, by rule, a system whereby an entity that meets the requirements for licensure may obtain licensure singly or in any combination for the categories authorized under this Act.
If that option is chosen, the agency shall pay the higher of the licensure fees for the overall license.
The Department shall develop and implement one application to be used even if a combination of licenses authorized under the Act is sought.
Fees collected by the Department under such a graduated licensure system shall be deposited into the Home Care Services Agency Licensure Fund.
Applicants for multiple licenses under this system shall pay the higher of the licensure fees applicable.
Fees collected under this system shall be deposited into the Home Care Services Agency Licensure Fund.
The structure of the standards shall be based on the concept of home services and its focus on SB0159 Engrossed - 7 - LRB094 03627 DRJ 38994 b 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.
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.
(1) Compliance with the requirements of the Health Care Worker Background Check Act.
SB0159 Enrolled - 7 - LRB094 03627 DRJ 38994 b (1) Compliance with the requirements of the Health Care Worker Background Check Act.
(b) The Department may establish fees for home services SB0159 Engrossed - 8 - LRB094 03627 DRJ 38994 b agency licensure in rules in a manner that will make the program self-supporting.
(b) The Department may establish fees for home services agency licensure in rules in a manner that will make the program self-supporting.
Requirements for licensure as a home nursing agency shall include the following:
SB0159 Enrolled - 8 - LRB094 03627 DRJ 38994 b Requirements for licensure as a home nursing agency shall include the following:
(4) Compliance with rules, as adopted by the Department, addressing the health, safety, and well-being SB0159 Engrossed - 9 - LRB094 03627 DRJ 38994 b of clients receiving home nursing services.
(4) Compliance with rules, as adopted by the Department, addressing the health, safety, and well-being of clients receiving home nursing services.
Of these 5, one shall represent SB0159 Enrolled - 9 - LRB094 03627 DRJ 38994 b voluntary home health agencies, one shall represent for-profit home health agencies, one shall represent private not-for-profit home health agencies, one shall represent institution-based home health agencies, and one shall represent home health agencies operated by local health departments.
Of these 5, one shall represent voluntary home health agencies, one shall represent for-profit home health agencies, one shall represent private not-for-profit home health agencies, one shall represent institution-based home health agencies, and one shall represent home health agencies operated by local health departments.
(b) Each member shall hold office for a term of 3 years, except that any member appointed to fill a vacancy occurring SB0159 Engrossed - 10 - LRB094 03627 DRJ 38994 b prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term and the terms of office of the members first taking office shall expire, as designated at the time of appointment, one at the end of the first year, one at the end of the second year, and 3 at the end of the third year.
(b) Each member shall hold office for a term of 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term and the terms of office of the members first taking office shall expire, as designated at the time of appointment, one at the end of the first year, one at the end of the second year, and 3 at the end of the third year.
The terms of office of the 6 members appointed as a result of this amendatory Act of 1989 shall expire, as designated at the time of appointment, 2 at the end of the first year, 2 at the end of the second year, and two at the end of the third year.
The terms of office of the 6 members appointed as a result of this amendatory Act of 1989 shall expire, as designated at the time of appointment, 2 at the end of the first year, 2 at the end of the second year, and SB0159 Enrolled - 10 - LRB094 03627 DRJ 38994 b two at the end of the third year.
In determining moral character, the Department may take into SB0159 Engrossed - 11 - LRB094 03627 DRJ 38994 b consideration any convictions of the applicant or supervisor but such convictions shall not operate as a bar to licensing;
In determining moral character, the Department may take into consideration any convictions of the applicant or supervisor but such convictions shall not operate as a bar to licensing;
The Department may conduct any such investigations and inspections as it deems necessary to assess compliance with this Act and the rules and regulations promulgated pursuant thereto.
The Department may conduct any such SB0159 Enrolled - 11 - LRB094 03627 DRJ 38994 b investigations and inspections as it deems necessary to assess compliance with this Act and the rules and regulations promulgated pursuant thereto.
The notice shall inform the licensee of any action the Department may take under this Act, including the requirement SB0159 Engrossed - 12 - LRB094 03627 DRJ 38994 b of an a home health agency plan of correction under Section 9.03, assessment of a penalty under Section 9.04, or licensure action under Section 9.
The notice shall inform the licensee of any action the Department may take under this Act, including the requirement of an a home health agency plan of correction under Section 9.03, assessment of a penalty under Section 9.04, or licensure action under Section 9.
The plan of correction shall state with particularity the method by which the home health agency intends to correct each violation and shall contain a stated date by which each violation shall be corrected.
The plan of correction shall state with particularity the method by which the home health agency SB0159 Enrolled - 12 - LRB094 03627 DRJ 38994 b intends to correct each violation and shall contain a stated date by which each violation shall be corrected.
(a) The licensee of an a home health agency SB0159 Engrossed - 13 - LRB094 03627 DRJ 38994 b operating in violation of this Act or any rule adopted hereunder may be subject to the penalties or fines levied by the Department as specified in this Section.
(a) The licensee of an a home health agency operating in violation of this Act or any rule adopted hereunder may be subject to the penalties or fines levied by the Department as specified in this Section.
(c) In determining whether a fine is to be imposed, the Director shall consider the following factors:
(c) In determining whether a fine is to be imposed, the SB0159 Enrolled - 13 - LRB094 03627 DRJ 38994 b Director shall consider the following factors:
If the licensee against whom the fine has been assessed does not comply with a written demand for payment SB0159 Engrossed - 14 - LRB094 03627 DRJ 38994 b within 30 days, the Director shall issue an order to do any of the following:
If the licensee against whom the fine has been assessed does not comply with a written demand for payment within 30 days, the Director shall issue an order to do any of the following:
Any final administrative decision rendered by the Department with respect to any certification made pursuant to this subsection (a) shall be reviewed only under and in accordance with the Administrative Review Law.
Any final administrative decision rendered by the Department with respect to any certification made SB0159 Enrolled - 14 - LRB094 03627 DRJ 38994 b pursuant to this subsection (a) shall be reviewed only under and in accordance with the Administrative Review Law.
SB0159 Engrossed - 15 - LRB094 03627 DRJ 38994 b (Source:
(Source:
2812) Sec.
2812) SB0159 Enrolled - 15 - LRB094 03627 DRJ 38994 b Sec.
SB0159 Engrossed - 16 - LRB094 03627 DRJ 38994 b (Source:
(Source:
(2) a hospital licensed under the Hospital Licensing Act or the University of Illinois Hospital Act;
(2) a hospital licensed under the Hospital Licensing SB0159 Enrolled - 16 - LRB094 03627 DRJ 38994 b Act or the University of Illinois Hospital Act;
"Direct care" means the provision of nursing care or assistance with feeding, dressing, movement, bathing, toileting, or other personal needs , including home services as defined in the Home Health, Home Services, and Home Nursing SB0159 Engrossed - 17 - LRB094 03627 DRJ 38994 b Agency Licensing Act.
"Direct care" means the provision of nursing care or assistance with feeding, dressing, movement, bathing, toileting, or other personal needs, including home services as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act.
(iv) a home health agency, home services agency, or home nursing agency as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act;
SB0159 Enrolled - 17 - LRB094 03627 DRJ 38994 b (iv) a home health agency, home services agency, or home nursing agency as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act;
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(xiii) programs funded by the Department on Aging SB0159 Engrossed - 18 - LRB094 03627 DRJ 38994 b through the Community Care Program;
(xiii) programs funded by the Department on Aging through the Community Care Program;
(3) a community integrated living arrangement operated by a community mental health and developmental service agency, as defined in the Community-Integrated Living Arrangements Licensing and Certification Act;
(3) a community integrated living arrangement operated by a community mental health and developmental service SB0159 Enrolled - 18 - LRB094 03627 DRJ 38994 b agency, as defined in the Community-Integrated Living Arrangements Licensing and Certification Act;
SB0159 Engrossed - 19 - LRB094 03627 DRJ 38994 b (c) "Director" means the Director of Labor.
(c) "Director" means the Director of Labor.
The term "nurse agency" includes nurses registries.
The term "nurse agency" includes SB0159 Enrolled - 19 - LRB094 03627 DRJ 38994 b nurses registries.
88-230.) SB0159 Engrossed - 20 - LRB094 03627 DRJ 38994 b Section 30.
88-230.) Section 30.
(b) The Department of Human Services shall establish a Family Support Services Voucher Pilot Program which shall be a conversion of the program defined in Section 4.1.
(b) The Department of Human Services shall establish a Family Support Services Voucher Pilot Program which shall be a SB0159 Enrolled - 20 - LRB094 03627 DRJ 38994 b conversion of the program defined in Section 4.1.
(1) Services of an in-home caregiver to supervise the family member with a developmental disability in the home SB0159 Engrossed - 21 - LRB094 03627 DRJ 38994 b or in the community or both when other family members are not present.
(1) Services of an in-home caregiver to supervise the family member with a developmental disability in the home or in the community or both when other family members are not present.
(e) Families may employ the following types of individuals to provide family support services:
SB0159 Enrolled - 21 - LRB094 03627 DRJ 38994 b (e) Families may employ the following types of individuals to provide family support services:
(3) Any product or item (for example, sports equipment, SB0159 Engrossed - 22 - LRB094 03627 DRJ 38994 b therapeutic devices, or clothing).
(3) Any product or item (for example, sports equipment, therapeutic devices, or clothing).
(g) The Department of Human Services shall submit a report to the General Assembly by March 1, 2000 evaluating the merits of the pilot program.
(g) The Department of Human Services shall submit a report SB0159 Enrolled - 22 - LRB094 03627 DRJ 38994 b to the General Assembly by March 1, 2000 evaluating the merits of the pilot program.
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