State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

92_SB1609eng

 
SB1609 Engrossed                               LRB9213759ACcd

 1        AN ACT concerning health facilities.

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

 4        Section  5.  The Hospice Program Licensing Act is amended
 5    by changing Sections 3, 4, and 5 as follows:

 6        (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
 7        Sec.  3.   Definitions.   As used in this Act, unless the
 8    context otherwise requires:
 9        (a)  "Bereavement" means the period of time during  which
10    the  hospice  patient's family experiences and adjusts to the
11    death of the hospice patient.
12        (b)  "Department" means the Illinois Department of Public
13    Health.
14        (c)  "Director"  means  the  Director  of  the   Illinois
15    Department of Public Health.
16        (d)  "Full  hospice"  means a coordinated program of home
17    and inpatient care  providing directly, or through agreement,
18    palliative and supportive medical, health and other  services
19    to  terminally  ill  patients  and  their  families.   A full
20    hospice  utilizes  a  medically  directed   interdisciplinary
21    hospice  care  team  of  professionals  and  volunteers.  The
22    program provides care to meet  the  physical,  psychological,
23    social,   spiritual   and   other  special  needs  which  are
24    experienced during the final stages  of  illness  and  during
25    dying  and  bereavement.   Home  care  is to be provided on a
26    part-time, intermittent, regularly scheduled basis, and on an
27    on-call  around-the-clock  basis  according  to  patient  and
28    family need. To the maximum extent possible,  care  shall  be
29    furnished  in  the patient's home.  Should in-patient care be
30    required, services are to be  provided  with  the  intent  of
31    minimizing the length of such care and shall only be provided
 
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 1    in a hospital licensed under the Hospital Licensing Act, or a
 2    skilled nursing facility licensed under the Nursing Home Care
 3    Act.
 4        (e)  "Hospice   care  team"  means  an  interdisciplinary
 5    working unit composed of  but  not  limited  to  a  physician
 6    licensed to practice medicine in all of its branches, a nurse
 7    licensed  pursuant  to  the  Nursing  and  Advanced  Practice
 8    Nursing  Act, a social worker, a pastoral or other counselor,
 9    and trained volunteers.  The patient and the patient's family
10    are  considered  members  of  the  hospice  care  team   when
11    development  or  revision of the patient's plan of care takes
12    place.
13        (f)  "Hospice patient"  means  a  terminally  ill  person
14    receiving hospice services.
15        (g)  "Hospice patient's family" means a hospice patient's
16    immediate  family  consisting  of  a  spouse, sibling, child,
17    parent and  those  individuals  designated  as  such  by  the
18    patient for the purposes of this Act.
19        (g-1)  "Hospice   residence"   means  a  home,  apartment
20    building, or similar building providing living quarters:
21             (1)  that is owned or operated by a person  licensed
22        to operate as a full hospice; and
23             (2)  at  which  hospice  services  are  provided  to
24        facility residents.
25        A  building that is licensed under the Hospital Licensing
26    Act or the Nursing Home Care Act is not a hospice residence.
27        (h)  "Hospice services" means palliative  and  supportive
28    care provided to a hospice patient and his family to meet the
29    special   need   arising  out  of  the  physical,  emotional,
30    spiritual and social stresses which  are  experienced  during
31    the final stages of illness and during dying and bereavement.
32    Services  provided  to  the  terminally  ill patient shall be
33    furnished, to the maximum extent possible, in  the  patient's
34    home.   Should inpatient care be required, services are to be
 
SB1609 Engrossed            -3-                LRB9213759ACcd
 1    provided with the intent of minimizing  the  length  of  such
 2    care.
 3        (i)  "Palliative care" means treatment to provide for the
 4    reduction  or abatement of pain and other troubling symptoms,
 5    rather than treatment aimed at investigation and intervention
 6    for the purpose of  cure  or  inappropriate  prolongation  of
 7    life.
 8        (j)  "Hospice  service  plan"  means a plan detailing the
 9    specific hospice services offered  by  a  full  or  volunteer
10    hospice,  and  the  administrative  and direct care personnel
11    responsible for those services.  The plan shall  include  but
12    not be limited to:
13             (1)  Identification   of   the   person  or  persons
14        administratively responsible for  the  program,  and  the
15        affiliation  of  such  person  or persons with a licensed
16        home health agency, hospital or nursing home.
17             (2)  The estimated average monthly patient census.
18             (3)  The proposed geographic area the  hospice  will
19        serve.
20             (4)  A  listing  of  those hospice services provided
21        directly by  the  hospice,  and  those  hospice  services
22        provided indirectly through a contractual agreement.
23             (5)  The name and qualifications of those persons or
24        entities  under  contract  to  provide  indirect  hospice
25        services.
26             (6)  The  name  and  qualifications of those persons
27        providing direct hospice services, with the exception  of
28        volunteers.
29             (7)  A  description  of  how  the  hospice  plans to
30        utilize volunteers in the provision of hospice services.
31             (8)  A description of the program's  record  keeping
32        system.
33        (k)  "Terminally  ill"  means  a  medical  prognosis by a
34    physician  licensed  to  practice  medicine  in  all  of  its
 
SB1609 Engrossed            -4-                LRB9213759ACcd
 1    branches that a patient has an anticipated life expectancy of
 2    a year 6 months or less.
 3        (l)  "Volunteer" means a person who  offers  his  or  her
 4    services  to  a  hospice without compensation.  Reimbursement
 5    for a volunteer's expenses in providing hospice service shall
 6    not be considered compensation.
 7        (m)  "Volunteer hospice" means a program  which  provides
 8    hospice  services  to patients regardless of their ability to
 9    pay, with  emphasis  on  the  utilization  of  volunteers  to
10    provide    services,    under   the   administration   of   a
11    not-for-profit agency.  This definition does not prohibit the
12    employment of staff.
13    (Source: P.A. 89-278, eff. 8-10-95; 90-742, eff. 8-13-98.)

14        (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
15        Sec. 4.  License.
16        (a) No person shall establish, conduct or maintain a full
17    or volunteer hospice without first obtaining a  license  from
18    the  Department.  A hospice residence may be operated only at
19    the locations listed on the license.  A full  hospice  owning
20    or  operating  a  hospice  residence  is  not  subject to the
21    provisions  of  the  Nursing  Home  Care  Act  in  owning  or
22    operating a hospice residence.
23        (b)  No public  or  private  agency  shall  advertise  or
24    present  itself  to the public as a full or volunteer hospice
25    which  provides  hospice   services   without   meeting   the
26    provisions of subsection (a).
27        (c)  The license shall be valid only in the possession of
28    the  hospice  home  health  agency, hospital, nursing home or
29    not-for-profit agency to which it was originally  issued  and
30    shall  not  be  transferred  or assigned to any other person,
31    agency, or corporation.
32        (d)  The license shall be renewed annually.
33        (e)  The license shall  be  displayed  in  a  conspicuous
 
SB1609 Engrossed            -5-                LRB9213759ACcd
 1    place inside the hospice program office.
 2    (Source: P.A. 89-278, eff. 8-10-95.)

 3        (210 ILCS 60/5) (from Ch. 111 1/2, par. 6105)
 4        Sec.  5.   Application  for  License.  An application for
 5    license or renewal thereof to operate as a full or  volunteer
 6    hospice  shall  be made to the Department upon forms provided
 7    by it, and shall contain information reasonably  required  by
 8    the  Department,  taking  into  consideration  the  different
 9    categories  of  hospice  programs.  The  application shall be
10    accompanied by:
11        (1)  The hospice service plan;
12        (2)  A financial statement containing information  deemed
13    appropriate  by  the  Department  for  the  category  of  the
14    applicant; and
15        (3)  A  uniform  license fee determined by the Department
16    based on the hospice program's category.
17    (Source: P.A. 84-427.)

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

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