Full Text of HB3779 96th General Assembly
HB3779enr 96TH GENERAL ASSEMBLY
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HB3779 Enrolled |
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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 | 5 |
| Agency Licensing Act is amended by changing Sections 2.08, 6.3, | 6 |
| and 6.7 as follows: | 7 |
| (210 ILCS 55/2.08) | 8 |
| Sec. 2.08. "Home services agency" means an agency that | 9 |
| provides services directly, or acts as a placement agency, for | 10 |
| the purpose of placing individuals as workers providing home | 11 |
| services for consumers in their personal residences. "Home | 12 |
| services agency" does not include agencies licensed under the | 13 |
| Nurse Agency Licensing Act, the Hospital Licensing Act, the | 14 |
| Nursing Home Care Act, or the Assisted Living and Shared | 15 |
| Housing Act and does not include an agency that limits its | 16 |
| business exclusively to providing housecleaning services. | 17 |
| Programs providing services exclusively through the Community | 18 |
| Care Program of the Illinois Department on Aging , or the | 19 |
| Department of Human Services Office of Rehabilitation | 20 |
| Services , or the United States Department of Veterans Affairs | 21 |
| 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.) |
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HB3779 Enrolled |
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| (210 ILCS 55/6.3) | 2 |
| Sec. 6.3. Home services agencies; standards; fees. | 3 |
| (a) Before January 1, 2008, the Department shall adopt | 4 |
| standards for the licensure and operation of home services | 5 |
| agencies operated in this State. The structure of the standards | 6 |
| shall be based on the concept of home services and its focus on | 7 |
| assistance with activities of daily living, housekeeping, | 8 |
| personal laundry, and companionship being provided to an | 9 |
| individual intended to enable that individual to remain safely | 10 |
| and comfortably in his or her own personal residence. As home | 11 |
| services do not include services that would be required to be | 12 |
| performed by an individual licensed under the Nurse Practice | 13 |
| Act, the standards shall be developed from a similar concept. | 14 |
| After consideration and recommendations by the Home Health and | 15 |
| Home Services Advisory Committee, the Department shall adopt | 16 |
| such rules and regulations as are necessary for the proper | 17 |
| regulation of home services agencies. Requirements for | 18 |
| licensure as a home services agency shall include the | 19 |
| following: | 20 |
| (1) Compliance with the requirements of the Health Care | 21 |
| Worker Background Check Act. | 22 |
| (2) Notification, in a form and manner established by | 23 |
| the Department by rule, to home services workers and | 24 |
| consumers as to the party or parties responsible under | 25 |
| State and federal laws for payment of employment taxes, | 26 |
| social security taxes, and workers' compensation, |
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HB3779 Enrolled |
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LRB096 09286 DRJ 22208 b |
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| liability, the day-to-day supervision of workers, and the | 2 |
| hiring, firing, and discipline of workers with the | 3 |
| placement arrangement for home services. | 4 |
| (3) Compliance with rules, as adopted by the | 5 |
| Department, in regard to (i) reporting by the licensee of | 6 |
| any known or suspected incidences of abuse, neglect, or | 7 |
| financial exploitation of an eligible adult, as defined in | 8 |
| the Elder Abuse and Neglect Act, by a home services worker | 9 |
| employed by or placed by the licensee or (ii) reports to a | 10 |
| law enforcement agency in connection with any other | 11 |
| individual protected under the laws of the State of | 12 |
| Illinois. | 13 |
| (4) Compliance with rules, as adopted by the | 14 |
| Department, addressing the health, safety, and well-being | 15 |
| of clients receiving home services. | 16 |
| (b) The Department may establish fees for home services | 17 |
| agency licensure in rules in a manner that will make the | 18 |
| program self-supporting. The amount of the licensure fees shall | 19 |
| be based on the funding required for operation of the licensure | 20 |
| program. Notwithstanding any other provision of this Section, | 21 |
| the Department may not charge any fee to a certified local | 22 |
| health department in connection with the licensure of a home | 23 |
| services agency.
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| (Source: P.A. 94-379, eff. 1-1-06; 95-639, eff. 10-5-07.) | 25 |
| (210 ILCS 55/6.7) |
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HB3779 Enrolled |
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| Sec. 6.7. Home nursing agencies; standards; fees. | 2 |
| (a) Before January 1, 2008, the Department shall adopt | 3 |
| standards for the licensure and operation of home nursing | 4 |
| agencies operated in this State. After consideration and | 5 |
| recommendations by the Home Health and Home Services Advisory | 6 |
| Committee, the Department shall adopt such rules as are | 7 |
| necessary for the proper regulation of home nursing agencies. | 8 |
| Requirements for licensure as a home nursing agency shall | 9 |
| include the following: | 10 |
| (1) Compliance with the requirements of the Health Care | 11 |
| Worker Background Check Act. | 12 |
| (2) Notification, in a form and manner established by | 13 |
| the Department by rule, to home nursing agency workers and | 14 |
| consumers as to the party or parties responsible under | 15 |
| State and federal laws for payment of employment taxes, | 16 |
| social security taxes, and workers' compensation, | 17 |
| liability, the day-to-day supervision of workers, and the | 18 |
| hiring, firing, and discipline of workers with the | 19 |
| placement arrangement for home nursing services. | 20 |
| (3) Compliance with rules, as adopted by the | 21 |
| Department, in regard to (i) reporting by the licensee of | 22 |
| any known or suspected incidences of abuse, neglect, or | 23 |
| financial exploitation of an eligible adult, as defined in | 24 |
| the Elder Abuse and Neglect Act, by a home nursing care | 25 |
| worker employed by or placed by the licensee or (ii) | 26 |
| reports to a law enforcement agency in connection with any |
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HB3779 Enrolled |
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LRB096 09286 DRJ 22208 b |
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| other individual protected under the laws of the State of | 2 |
| Illinois. | 3 |
| (4) Compliance with rules, as adopted by the | 4 |
| Department, addressing the health, safety, and well-being | 5 |
| of clients receiving home nursing services. | 6 |
| (b) The Department may establish fees for home nursing | 7 |
| agency licensure in rules in a manner that will make the | 8 |
| program self-supporting. The amount of the licensure fees shall | 9 |
| be based on the funding required for the operation of the | 10 |
| licensure program. Notwithstanding any other provision of this | 11 |
| Section, the Department may not charge any fee to a certified | 12 |
| local health department in connection with the licensure of a | 13 |
| 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 | 16 |
| becoming law.
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