HB4228 93RD GENERAL ASSEMBLY

LRB093 19366 AMC 45104 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4228

Introduced 1/27/2004, by Angelo Saviano

SYNOPSIS AS INTRODUCED:

225 ILCS 51/86 new

Amends the Home Medical Equipment and Services Provider License Act. Provides guidelines for companies, organizations, and health care professionals concerning providing wheeled mobility systems. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning professional regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Home Medical Equipment and Services Provider License Act is amended by adding Section 86 as follows:

(225 ILCS 51/86 new)

Sec. 86. Wheeled mobility systems.

(a) For the purposes of this Section:

"Assistive technology supplier" means service providers involved in the sale and service of commercially available wheeled mobility systems.

"Assistive technology practitioner" means therapists or other allied health professionals primarily involved in evaluating the consumer's needs and training in use of a prescribed wheeled mobility system.

"Consumer" means the ultimate recipient of a wheeled mobility system.

"Full-time employment" means approximately a 40 hour work week.

"Health care professional" means a physician licensed to practice medicine in all its branches licensed under the Medical Practice Act of 1987, physical therapist, occupational therapist, or other allied health care professional that performs physical evaluations within their scope of practice.

"Physical evaluation" means the determination and documentation of the physiological, functional, and environmental factors that impact the selection of an appropriate seating and wheeled mobility system.

"Qualified rehabilitation professional" means: (A) an individual who has appropriately obtained the designation of assistive technology supplier, assistive technology practitioner, rehabilitation engineering technologist after meeting all the requirements thereof as established by the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA) or (B) an individual who (i) can provide documentation to prove completion of at least 15 contact hours of continuing education (CEC) within the 12 months immediately prior to July 1, 2005, and all other subsequent years thereafter by June 30, in the field of seating and wheeled mobility, which may include, but is not limited to, courses by health care professionals, courses by health care associations,courses by a college or university, courses by manufacturers, in-service training by manufacturers, or attendance at symposiums or conferences; (ii) can provide proof of at least one year experience, at least 10 hours a week in a forty hour work week in the field of rehabilitation technology; and (iii) can provide 3 recommendations from health care professionals who can attest to the skills of the provider in seating and wheeled mobility.

"Rehabilitation engineering technologist" means a person who applies engineering principles to the design, modification, and customization of wheeled mobility systems.

"Technology assessment" means the process and documentation of matching the pathology, history, and prognosis of the patient to the appropriate wheeled mobility system.

"Wheeled mobility system" means a power or manual mobility system prescribed by a physician and required for use by the patient for a period of 6 months or more that includes (i)customized seated positioning components, (ii) powered seating options, (iii)alternative driving controls, (iv)non-standard performance options, or (v)other complex or specialized components.

(b) On and after July 1, 2005, all companies or organizations must employ at least one qualified rehabilitation professional if that company or organization provides any wheeled mobility system to a consumer who:

(1) is under age 21;

(2) has a primary diagnosis that results from childhood or adult onset injury or trauma;

(3) has a primary diagnosis that is progressive or degenerative in nature and necessitates a specialized mobility system;

(4) has a primary diagnosis that is neuromuscular in nature and necessitates a specialized mobility system;

(5) requires adaptive seating or positioning equipment; or

(6) has a diagnosis that indicates a need for other assistive technology such as speech generating devices or environmental controls.

(c) On and after July 1, 2005, in order for company or organization to supply a wheeled mobility system, the recipient must have undergone a physical evaluation by a health care professional, who shall provide a written report of the evaluation to be included in the consumer medical record and maintained on file by the supplier.

(d) Health care professionals, except physicians licensed to practice medicine in all its branches under the Medical Practice Act of 1987, shall complete 5 contact hours (CEC) a year in the area of rehabilitation seating and positioning.

(e) On and after July 1, 2005, all home care organizations making available technology assessments on prescribed wheeled mobility systems shall have on staff a qualified rehabilitation professional.

(f) On and after July 1, 2005, qualified rehabilitation professionals shall perform a complete, face-to-face technology assessment, based upon the physical evaluation required in subsection (c) and document, in writing, recommendations for a wheeled mobility system as appropriate to meet the consumer's needs.

(g) On and after July 1, 2008, a 180-day grace period shall be provided to home care organizations that provide technology assessments on prescribed wheeled mobility systems if the qualified rehabilitation professional on staff ceases to be employed and the organization has no other qualified rehabilitation professional on staff. During the grace period, the standards regarding qualified rehabilitation professionals contained in subsections (e) and (f) shall apply.

(h) On and after July 1, 2008, the qualified rehabilitation professional shall be RESNA certified with the designation of assistive technology supplier, assistive technology practitioner, or rehabilitation engineer technologist or have an assistive technology degree from an accredited college or university or any other designation approved by the Board.

(i) Final fitting of a wheeled mobility device shall be completed with a qualified rehabilitation professional or health care professional present.

(j) On and after July 1, 2005, all home care organizations making available prescribed wheeled mobility system shall have a physical location with a working telephone and maintain $1,000,000 in liability insurance coverage.

(k) On or after July 1, 2008, all companies providing wheeled mobility systems must be accredited by a nationally recognized accreditation body.

Section 99. Effective date. This Act takes effect upon becoming law.