Public Act 094-0379
 
SB0159 Enrolled LRB094 03627 DRJ 38994 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by adding
Section 5.650 as follows:
 
    (30 ILCS 105/5.650 new)
    Sec. 5.650. The Home Care Services Agency Licensure Fund.
 
    Section 10. The Home Health Agency Licensing Act is amended
by changing the title of the Act and Sections 1, 1.01, 2, 4, 7,
8, 9.01, 9.02, 9.03, 9.04, 10.01, 12, and 14 and by adding
Sections 2.03a, 2.08, 2.09, 2.10, 2.11, 2.12, 3.3, 3.7, 6.3,
6.7, and 10.05 as follows:
 
    (210 ILCS 55/Act title)
An Act relating to the regulation of home health, home
services, and home nursing agencies.
 
    (210 ILCS 55/1)  (from Ch. 111 1/2, par. 2801)
    Sec. 1. This Act shall be known and may be cited as the
Home Health, Home Services, and Home Nursing Agency Licensing
Act.
(Source: P.A. 80-804.)
 
    (210 ILCS 55/1.01)  (from Ch. 111 1/2, par. 2801.01)
    Sec. 1.01. It is declared to be the public policy that the
State has a legitimate interest in assuring that all home
health services, home nursing services, and in-home support
services provided to a person at his residence are performed
under circumstances that insure consumer protection and
quality care. Therefore, the purpose of this Act is to provide
for the better protection of the public health, well-being, and
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.
    It is further declared that health care and support
services are provided in the consumer's home by 3 basic types
of agencies: home health care, home nursing care, and home
support services. It is further understood that each type of
agency delivers a different type and scope of care or service.
Further, individuals providing the care or service require
different levels of education, training, and supervision.
Therefore, different types of regulatory oversight are
required.
(Source: P.A. 81-490.)
 
    (210 ILCS 55/2)  (from Ch. 111 1/2, par. 2802)
    Sec. 2. As used in this Act, unless the context requires
otherwise, the terms defined in the following Sections
proceeding Section 3 2.01 through 2.07 have the meanings
ascribed to them in those Sections.
(Source: P.A. 80-804.)
 
    (210 ILCS 55/2.03a new)
    Sec. 2.03a. "Agency" means a home health agency, home
nursing agency, or home services agency unless specifically
stated otherwise.
 
    (210 ILCS 55/2.08 new)
    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
are not considered to be a home services agency under this Act.
 
    (210 ILCS 55/2.09 new)
    Sec. 2.09. "Home services" or "in-home services" means
assistance with activities of daily living, housekeeping,
personal laundry, and companionship provided to an individual
in his or her personal residence, which are intended to enable
that individual to remain safely and comfortably in his or her
own personal residence. "Home services" or "in-home services"
does not include services that would be required to be
performed by an individual licensed under the Nursing and
Advanced Practice Nursing Act.
 
    (210 ILCS 55/2.10 new)
    Sec. 2.10. "Home services worker" or "in-home services
worker" means an individual who provides home services to a
consumer in the consumer's personal residence.
 
    (210 ILCS 55/2.11 new)
    Sec. 2.11. "Home nursing agency" means an agency that
provides services directly, or acts as a placement agency, in
order to deliver skilled nursing services to persons in their
personal residences. A home nursing agency provides services
that would require a licensed nurse to perform. A home nursing
agency does not qualify for licensure as a home health agency
under this Act. "Home nursing agency" does not include an
individually licensed nurse acting as a private contractor or a
person that provides or procures temporary employment in health
care facilities, as defined in the Nurse Agency Licensing Act.
 
    (210 ILCS 55/2.12 new)
    Sec. 2.12. "Placement agency" means any person engaged for
gain or profit in the business of securing or attempting to
secure (i) work for hire for persons seeking work or (ii)
workers for employers. The term includes a private employment
agency and any other entity that places a worker for private
hire by a consumer in that consumer's residence for purposes of
providing home services. The term does not include a person
that provides or procures temporary employment in health care
facilities, as defined in the Nurse Agency Licensing Act.
 
    (210 ILCS 55/3.3 new)
    Sec. 3.3. Home services agency; license required. On and
after September 1, 2008, no person shall open, manage, conduct,
or maintain a home services agency, or advertise himself or
herself as a home services agency or as offering services that
would be included in the definition of home services or a home
services agency, without a license issued by the Department.
The Department shall adopt rules as necessary to protect the
health, safety, and well-being of clients through licensure of
home services agencies.
 
    (210 ILCS 55/3.7 new)
    Sec. 3.7. Home nursing agency; license required. 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. The Department
shall adopt rules as necessary to protect the health, safety,
and well-being of clients through licensure of home nursing
agencies.
 
    (210 ILCS 55/4)  (from Ch. 111 1/2, par. 2804)
    Sec. 4. Types of licenses.
    (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 provisional license shall be valid for a period of
120 days unless sooner suspended or revoked pursuant to Section
9 of this Act. Within 30 days prior to the termination of a
provisional license, the Department shall inspect the home
health agency and, if the applicant substantially meets the
requirements for licensure, it shall issue a license under this
Section. If the Department finds that a holder of a provisional
license does not substantially meet the requirements for
licensure, but has made significant progress toward meeting
those requirements, the Director may renew the provisional
license once for a period not to exceed 120 days from the
expiration date of the initial 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
such provisional license is issued. The term of such
provisional license shall not exceed 120 days.
    (2) The Director shall advise the licensee of the
conditions under which such provisional license is issued,
including the manner in which the licensee fails to comply with
the provisions of the Act or rules, and the time within which
the corrections necessary for the home health agency to
substantially comply with the Act and rules shall be completed.
    (3) The Director, at his discretion, may extend the term of
such provisional license for an additional 120 days, if he
finds that the home health agency has made substantial progress
toward correcting the violations and bringing the home health
agency into full compliance with this Act and the rules
promulgated hereunder.
    (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. The fee for each
single home health agency license or any renewal shall be $25.
    (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. The Department shall
develop and implement one application to be used even if a
combination of licenses authorized under the Act is sought.
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.
(Source: P.A. 86-130.)
 
    (210 ILCS 55/6.3 new)
    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 Nursing and
Advanced Practice Nursing 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.
 
    (210 ILCS 55/6.7 new)
    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.
 
    (210 ILCS 55/7)  (from Ch. 111 1/2, par. 2807)
    Sec. 7. (a) The Director shall appoint a Home Health and
Home Services Advisory Committee composed of 15 11 persons to
advise and consult with the Director in the administration of
this Act. Five of the appointed members shall represent the
home health agency profession. 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. Four of the appointed members shall represent the
home services agency profession. Four of the appointed members
shall represent the general public in the following categories:
one individual who is a consumer of home health services or a
family member of a consumer of home health services; one
individual who is a consumer of home services or a family
member of a consumer of home services; one individual who is a
home services worker; and one individual who is a
representative of an organization that advocates for
consumers. One member shall be a practicing Illinois licensed
physician; and one member shall be an Illinois registered
professional nurse with home health agency experience. The
recommendations of professional, and home health industry, and
home services industry organizations may be considered in
selecting individuals for appointment to the Home Health and
Home Services Advisory Committee.
    (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 term of office of each
of the original appointees shall commence on January 1, 1978.
    (c) The term of office of each of the 6 members appointed
to the Committee as a result of this amendatory Act of 1989
shall commence on January 1, 1990. 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.
    (d) The Committee shall meet as frequently as the Director
deems necessary. Committee members, while serving on business
of the Committee, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places of
residence.
    (e) The Committee shall provide input and recommendations
to the Department on the development of rules for the licensure
of home services agencies and home nursing agencies operating
in this State. On or before July 1, 2007, the Committee shall
issue an interim report to the General Assembly on the status
of development and implementation of the rules for home
services agency and home nursing agency licensure.
(Source: P.A. 86-130.)
 
    (210 ILCS 55/8)  (from Ch. 111 1/2, par. 2808)
    Sec. 8. An application for a license may be denied for any
of the following reasons:
    (a) failure to meet the minimum standards prescribed by the
Department pursuant to Section 6;
    (b) satisfactory evidence that the moral character of the
applicant or supervisor of the agency is not reputable. 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;
    (c) lack of personnel qualified by training and experience
to properly perform the function of a home health agency;
    (d) insufficient financial or other resources to operate
and conduct a home health, home services, or home nursing
agency in accordance with the requirements of this Act and the
minimum standards, rules and regulations promulgated
thereunder.
(Source: P.A. 81-149.)
 
    (210 ILCS 55/9.01)  (from Ch. 111 1/2, par. 2809.01)
    Sec. 9.01. 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. Investigations and inspections
may include the direct observation of patient care or the
provision of home services in the home, if consent is given by
the consumer or patient under treatment. Agencies Home health
agencies licensed under this Act shall make available to the
Department all books, records, policies and procedures, or any
other materials requested during the course of an investigation
or inspection. Refusal to make such materials available to the
Department shall be grounds for license revocation, or the
imposition of any other penalty provided in this Act.
(Source: P.A. 86-130.)
 
    (210 ILCS 55/9.02)  (from Ch. 111 1/2, par. 2809.02)
    Sec. 9.02. When the Department determines that an agency a
home health agency is in violation of this Act or any rule
promulgated hereunder, a notice of violation shall be served
upon the licensee. Each notice of violation shall be prepared
in writing and shall specify the nature of the violation and
the statutory provision or rule alleged to have been violated.
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 Director or his designee shall also
inform the licensee of rights to a hearing under Section 10.
(Source: P.A. 86-130.)
 
    (210 ILCS 55/9.03)  (from Ch. 111 1/2, par. 2809.03)
    Sec. 9.03. (a) Each home health agency served with a notice
of violation under Section 9.02 of this Act shall file with the
Department a written plan of correction within 10 days of
receipt of the notice. The plan of correction is subject to
approval of the Department. 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.
    (b) If the Department rejects a plan of correction, it
shall send notice of the rejection and the reason for the
rejection to the licensee. The home health agency shall have 10
days after receipt of the notice of rejection in which to
submit a modified plan. If the modified plan is not submitted
on time, or if the modified plan is rejected, the home health
agency shall follow a plan of correction imposed by the
Department.
    (c) If an a home health agency desires to contest any
Department action under this Section, it shall send a written
request for a hearing under Section 10 to the Department within
10 days of receipt of notice of the contested action. The
Department shall commence the hearing as provided under Section
10. Whenever possible, all action of the Department under this
Section arising out of a violation shall be contested and
determined at a single hearing. Issues decided at a hearing may
not be reheard at subsequent hearings under this Section.
(Source: P.A. 86-130.)
 
    (210 ILCS 55/9.04)  (from Ch. 111 1/2, par. 2809.04)
    Sec. 9.04. (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.
    (b) When the Director determines that an a home health
agency has failed to comply with this Act or any rule adopted
hereunder, the Department may issue a notice of fine assessment
which shall specify the violations for which the fine is
levied. The Department may impose a fine of $100 per day
commencing on the date the violation was identified and ending
on the date the violation is corrected, or action is taken to
suspend, revoke, or deny renewal of the license, whichever
comes first.
    (c) In determining whether a fine is to be imposed, the
Director shall consider the following factors:
    (1) the gravity of the violation, including the probability
that death or serious physical or mental harm to a patient or
consumer will result or has resulted, the severity of the
actual or potential harm, and the extent to which the
provisions of the applicable statutes or regulations were
violated;
    (2) the reasonable diligence exercised by the licensee and
efforts to correct violations;
    (3) any previous violations committed by the licensee; and
    (4) the financial benefit to the home health agency of
committing or continuing the violation.
(Source: P.A. 86-130.)
 
    (210 ILCS 55/10.01)  (from Ch. 111 1/2, par. 2810.01)
    Sec. 10.01. All fines shall be paid to the Department
within 10 days of the notice of assessment or, if the fine is
contested under Section 10 of this Act, within 10 days of the
receipt of the final decision, unless the decision is appealed
and the order is stayed by court order under Section 12 of this
Act. A fine assessed under this Act shall be collected by the
Department. 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:
    (a) certify to the Comptroller, as provided by rule of the
Department of delinquent fines due and owing from the licensee
or any amounts due and owing as a result of a civil action
pursuant to subsection (d) of this Section The purpose of
certification shall be to intercept State income tax refunds
and other payments due such licensee in order to satisfy, in
whole or in part, any delinquent fines or amounts recoverable
in a civil action brought pursuant to subsection (d) of this
Section. The rule shall provide for notice to any such licensee
or person affected. 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.
    (b) certify to the Social Security Administration, as
provided by rule of the Department, of delinquent fines due and
owing from the licensee or any amounts due and owing as a
result of a civil action pursuant to subsection (d) of this
Section. The purpose of certification shall be to request the
Social Security Administration to intercept and remit to the
Department Medicaid reimbursement payments due such licensee
in order to satisfy, in whole or in part, any delinquent fines
or amounts recoverable in a civil action brought pursuant to
subsection (d) of this Section. The rules shall provide for
notice to any such licensee or person affected. Any final
administrative decision rendered by the Department with
respect to any certification made pursuant to this subsection
(b) shall be reviewed only under and in accordance with the
Administrative Review Law.
    (c) add the amount of the penalty to the home health
agency's licensing fee; if the licensee refuses to make the
payment at the time of application for renewal of its license,
the license shall not be renewed; or
    (d) bring an action in circuit court to recover the amount
of the penalty.
(Source: P.A. 86-130.)
 
    (210 ILCS 55/10.05 new)
    Sec. 10.05. Home Care Services Agency Licensure Fund. The
Department shall deposit all fees and fines collected in
relation to the licensure of home services agencies and home
nursing agencies into the Home Care Services Agency Licensure
Fund, a special fund created in the State treasury, for the
purpose of providing funding for the administration of the
program of home services agency and home nursing agency
licensure.
 
    (210 ILCS 55/12)  (from Ch. 111 1/2, par. 2812)
    Sec. 12. Whenever the Department refuses to grant, or
revokes or suspends a license to open, conduct, operate, or
maintain an a home health agency, the applicant or licensee may
have such decision judicially reviewed. The provisions of the
Administrative Review Law, as heretofore or hereafter amended,
and the rules adopted pursuant thereto shall apply to and
govern all proceedings for the judicial review of final
administrative decisions of the Department hereunder. The term
"administrative decisions" is defined as in Section 3-101 of
the Code of Civil Procedure.
(Source: P.A. 82-783.)
 
    (210 ILCS 55/14)  (from Ch. 111 1/2, par. 2814)
    Sec. 14. The operation or maintenance of an a home health
agency in violation of this Act or of the Rules and Regulations
promulgated by the Department is declared a public nuisance
inimical to the public welfare. The Director of the Department
in the name of the People of the State, through the Attorney
General or the State's Attorney of the county in which the
violation occurs, may in addition to other remedies herein
provided, bring action for an injunction to restrain such
violation or to enjoin the future operation or maintenance of
any such home health agency.
(Source: P.A. 81-490.)
 
    Section 15. The End Stage Renal Disease Facility Act is
amended by changing Section 15 as follows:
 
    (210 ILCS 62/15)
    Sec. 15. Exemptions from licensing requirement. The
following facilities are not required to be licensed under this
Act:
        (1) a home health agency licensed under the Home
    Health, Home Services, and Home Nursing Agency Licensing
    Act;
        (2) a hospital licensed under the Hospital Licensing
    Act or the University of Illinois Hospital Act; and
        (3) the office of a physician.
(Source: P.A. 92-794, eff. 7-1-03.)
 
    Section 20. The Health Care Worker Background Check Act is
amended by changing Section 15 as follows:
 
    (225 ILCS 46/15)
    Sec. 15. Definitions. For the purposes of this Act, the
following definitions apply:
    "Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
    "Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant, which
is contingent upon the receipt of a report from the Department
of State Police indicating that the applicant does not have a
record of conviction of any of the criminal offenses enumerated
in Section 25.
    "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. The entity responsible for inspecting and
licensing, certifying, or registering the health care employer
may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care
employers that it licenses.
    "Health care employer" means:
        (1) the owner or licensee of any of the following:
            (i) a community living facility, as defined in the
        Community Living Facilities Act;
            (ii) a life care facility, as defined in the Life
        Care Facilities Act;
            (iii) a long-term care facility, as defined in the
        Nursing Home Care 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;
            (v) a full hospice, as defined in the Hospice
        Program Licensing Act;
            (vi) a hospital, as defined in the Hospital
        Licensing Act;
            (vii) a community residential alternative, as
        defined in the Community Residential Alternatives
        Licensing Act;
            (viii) a nurse agency, as defined in the Nurse
        Agency Licensing Act;
            (ix) a respite care provider, as defined in the
        Respite Program Act;
            (ix-a) an establishment licensed under the
        Assisted Living and Shared Housing Act;
            (x) a supportive living program, as defined in the
        Illinois Public Aid Code;
            (xi) early childhood intervention programs as
        described in 59 Ill. Adm. Code 121;
            (xii) the University of Illinois Hospital,
        Chicago;
            (xiii) programs funded by the Department on Aging
        through the Community Care Program;
            (xiv) programs certified to participate in the
        Supportive Living Program authorized pursuant to
        Section 5-5.01a of the Illinois Public Aid Code;
            (xv) programs listed by the Emergency Medical
        Services (EMS) Systems Act as Freestanding Emergency
        Centers;
            (xvi) locations licensed under the Alternative
        Health Care Delivery Act;
        (2) a day training program certified by the Department
    of Human Services;
        (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; or
        (4) the State Long Term Care Ombudsman Program,
    including any regional long term care ombudsman programs
    under Section 4.04 of the Illinois Act on the Aging, only
    for the purpose of securing background checks.
    "Initiate" means the obtaining of the authorization for a
record check from a student, applicant, or employee. The
educational entity or health care employer or its designee
shall transmit all necessary information and fees to the
Illinois State Police within 10 working days after receipt of
the authorization.
(Source: P.A. 92-16, eff. 6-28-01; 93-878, eff. 1-1-05.)
 
    Section 25. The Nurse Agency Licensing Act is amended by
changing Sections 3 and 4 as follows:
 
    (225 ILCS 510/3)  (from Ch. 111, par. 953)
    Sec. 3. Definitions. As used in this Act:
    (a) "Certified nurse aide" means an individual certified as
defined in Section 3-206 of the Nursing Home Care Act, as now
or hereafter amended.
    (b) "Department" means the Department of Labor.
    (c) "Director" means the Director of Labor.
    (d) "Health care facility" is defined as in Section 3 of
the Illinois Health Facilities Planning Act, as now or
hereafter amended.
    (e) "Licensee" means any nursing agency which is properly
licensed under this Act.
    (f) "Nurse" means a registered nurse or a licensed
practical nurse as defined in the Nursing and Advanced Practice
Nursing Act.
    (g) "Nurse agency" means any individual, firm,
corporation, partnership or other legal entity that employs,
assigns or refers nurses or certified nurse aides to a health
care facility for a fee. The term "nurse agency" includes
nurses registries. The term "nurse agency" does not include
services provided by home health agencies licensed and operated
under the Home Health, Home Services, and Home Nursing Agency
Licensing Act or a licensed or certified individual who
provides his or her own services as a regular employee of a
health care facility, nor does it apply to a health care
facility's organizing nonsalaried employees to provide
services only in that facility.
(Source: P.A. 90-742, eff. 8-13-98.)
 
    (225 ILCS 510/4)  (from Ch. 111, par. 954)
    Sec. 4. Licensing. The Department shall license nurse
agencies in accordance with this Act for the protection of the
health, welfare and safety of patients and residents. No person
may establish, operate, maintain, or advertise as a nurse
agency in the State of Illinois unless the person is licensed
under this Act by the Department of Labor. Being licensed under
the Home Health, Home Services, and Home Nursing Agency
Licensing Act does not relieve home health agencies that
provide nurse agency services from the requirement of obtaining
licensure under this Act. No health care facility shall use the
services of an unlicensed nurse agency.
(Source: P.A. 88-230.)
 
    Section 30. The Community Services Act is amended by
changing Section 4.3 as follows:
 
    (405 ILCS 30/4.3)
    Sec. 4.3. Family Support Services Voucher Pilot Program.
    (a) In this Section:
    "Family member" means a family member as defined by rules
adopted by the Department of Human Services.
    "Family support services" means the services and
activities described in subsection (d).
    (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. The
Department may establish no more than 5 pilot programs.
    (c) The purpose of the pilot program is to do the
following:
        (1) Increase the number of families who are able to
    access family support services.
        (2) Provide families with greater control over family
    support services.
        (3) Ensure that the diverse family support services
    needs of families can be accommodated.
        (4) Encourage a family's contribution toward payment
    for the family support services they receive.
        (5) Serve as a pilot program to evaluate the merits of
    a family support services voucher program in comparison to
    the traditional respite program.
    (d) The Department shall contract with community agencies
to issue vouchers to participating families, or to employ a
voucher-like method that similarly makes services available
based on the choice of families. A family may use the vouchers
to purchase the following services and activities or to
otherwise provide for those services and activities:
        (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.
        (2) Services of a person to accompany the family member
    with a developmental disability on outings, community
    activities, and similar activities.
        (3) Registration of the family member with a
    developmental disability in park district programs,
    extracurricular school activities, community college
    classes, and other similar types of community-based
    programs.
        (4) Services of home health care personnel if medical
    training or expertise is required to meet the needs of the
    family member with a developmental disability.
    (e) Families may employ the following types of individuals
to provide family support services:
        (1) Related family members who do not reside in the
    same home as the family member with a developmental
    disability.
        (2) Friends or neighbors whom the family designates as
    capable of meeting the needs of the family member with a
    developmental disability.
        (3) Individuals recruited from the community (for
    example, church members or college students).
        (4) Individuals who work with the family member with a
    developmental disability in a different capacity (for
    example, classroom aide or day program staff).
        (5) Persons whose services are contracted for through a
    home health agency licensed under the Home Health, Home
    Services, and Home Nursing Agency Licensing Act.
    (f) Family support services moneys under the pilot program
may not be used to purchase or provide for any of the following
services or activities:
        (1) Out-of-home medical services.
        (2) Medical, therapeutic, or developmental
    evaluations.
        (3) Any product or item (for example, sports equipment,
    therapeutic devices, or clothing).
        (4) Family support services provided by a family member
    whose primary residence is the same as that of the family
    member with a developmental disability.
        (5) Services of a person to accompany the family on an
    overnight trip.
        (6) Any service or activity that should be provided by
    the school in which the family member with a developmental
    disability is enrolled or that occurs as part of that
    school's typical school routine.
        (7) Child care services while the primary caretaker
    works.
    (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.
(Source: P.A. 90-804, eff. 1-1-99.)
 
    Section 99. Effective date. This Act takes effect January
1, 2006.