Public Act 094-0570
Public Act 0570 94TH GENERAL ASSEMBLY
|
Public Act 094-0570 |
SB0026 Enrolled |
LRB094 03673 DRJ 33678 b |
|
| AN ACT concerning regulation.
| WHEREAS, The General Assembly intends to provide one | standard definition of "hospice" by establishing minimum | standards for all providers of hospice care in Illinois; and | WHEREAS, The General Assembly does not intend to force any | volunteer hospice program out of business but instead intends | to bring such programs into compliance with certain minimum | standards applicable to all providers of hospice care in | Illinois; therefore | Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Assisted Living and Shared Housing Act is | amended by changing Section 75 as follows:
| (210 ILCS 9/75)
| Sec. 75. Residency Requirements.
| (a) No individual shall be accepted for residency or remain | in residence if
the
establishment cannot provide or secure | appropriate
services, if the individual
requires a level of | service or type of service for which the establishment is
not | licensed or
which the establishment does not provide, or if the | establishment does not have
the staff
appropriate in numbers | and with appropriate skill to provide such services.
| (b) Only adults may be accepted for residency.
| (c) A person shall not be accepted for residency if:
| (1) the person poses a serious threat to himself or | herself or to others;
| (2) the person is not able to communicate his or her | needs and no
resident representative
residing in the | establishment, and with a prior relationship to the person,
| has been appointed to direct the provision of
services;
| (3) the person requires total assistance with 2 or more |
| activities of
daily
living;
| (4) the person requires the assistance of more than one | paid caregiver at
any given time
with an activity of daily | living;
| (5) the person requires more than minimal assistance in | moving to a safe
area in an
emergency;
| (6) the person has a severe mental illness, which for | the purposes of
this Section
means a condition that is | characterized by the presence of a major mental
disorder
as | classified in the Diagnostic and Statistical Manual of | Mental Disorders,
Fourth
Edition (DSM-IV) (American | Psychiatric Association, 1994), where the individual
is | substantially disabled due to mental illness in the areas | of
self-maintenance,
social functioning, activities of | community living and work skills, and the
disability
| specified is expected to be present for a period of not | less than one year, but
does not
mean Alzheimer's disease | and other forms of dementia based on organic or
physical | disorders;
| (7) the person requires intravenous therapy or | intravenous feedings
unless self-administered or | administered by a qualified, licensed health care
| professional;
| (8) the person requires gastrostomy feedings unless | self-administered or
administered
by a licensed health | care professional;
| (9) the person requires insertion, sterile irrigation, | and replacement of
catheter, except
for routine | maintenance of urinary catheters, unless the catheter care | is
self-administered or administered by a licensed health | care professional;
| (10) the person requires sterile wound care unless care | is
self-administered or
administered by a licensed health | care professional;
| (11) the person requires sliding scale insulin | administration unless
self-performed or
administered by a |
| licensed health care professional;
| (12) the person is a diabetic requiring routine insulin | injections unless
the injections
are self-administered or | administered by a licensed health care professional;
| (13) the person requires treatment of stage 3 or stage | 4 decubitus ulcers
or exfoliative
dermatitis;
| (14) the person requires 5 or more skilled nursing | visits per week for
conditions other
than those listed in | items (13) and (15) of this subsection for a
period of 3
| consecutive weeks or more except when the course of | treatment is expected to
extend beyond a 3 week period for | rehabilitative purposes and is certified as
temporary by a | physician; or
| (15) other reasons prescribed by the Department by | rule.
| (d) A resident with a condition listed in items (1) through | (15) of
subsection (c) shall have
his or her residency | terminated.
| (e) Residency shall be terminated when services available | to the resident
in
the establishment
are no longer adequate to | meet the needs of the resident. This provision shall
not
be | interpreted as
limiting the authority of the Department to | require the residency termination
of individuals.
| (f) Subsection (d) of this Section shall not apply to
| terminally
ill residents who
receive or would qualify for | hospice care and such care is coordinated by
a hospice program | licensed
under the Hospice
Program
Licensing Act or other | licensed health care professional employed by a
licensed home | health
agency and the establishment and all parties agree to | the continued residency.
| (g) Items (3), (4), (5), and (9) of subsection (c) shall | not apply to
a quadriplegic, paraplegic, or
individual with | neuro-muscular diseases, such as muscular dystrophy and
| multiple
sclerosis, or other chronic diseases and conditions as | defined by rule if the
individual is able
to communicate his or | her needs and does not require assistance with complex
medical
|
| problems, and the establishment is able to accommodate the | individual's needs.
The Department shall prescribe rules | pursuant to this Section that address
special safety and | service needs of these individuals.
| (h) For the purposes of items (7) through (11) of | subsection (c), a
licensed health care professional may not
be | employed by the owner or operator of the establishment, its | parent entity,
or any other entity with ownership common to | either the owner or operator of
the establishment or parent | entity, including but not limited to an affiliate
of the owner | or operator of the establishment. Nothing in this Section is
| meant to limit a resident's right to
choose his or her health | care provider.
| (Source: P.A. 93-141, eff. 7-10-03.)
| Section 10. The Hospice Program Licensing Act is amended by | changing Sections 2, 3, 4, 5, 8, and 9 and by adding Sections | 4.5, 8.5, and 8.10 as follows:
| (210 ILCS 60/2) (from Ch. 111 1/2, par. 6102)
| Sec. 2. Purpose. The intent of this Act is to ensure | quality hospice care to consumers in the State of Illinois
| legislation is to encourage the orderly
development of hospice | programs which provide supportive and palliative
care to | terminally ill persons and their families during the final | stages
of their illness and during dying and bereavement. It is | the intent of
the General Assembly that persons requiring the | services of hospice programs
be assured the best quality of | care during their time of need and vulnerability .
This is to be | accomplished through the development, establishment and | enforcement
of standards governing the care provided by hospice | programs.
| (Source: P.A. 83-457.)
| (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
| Sec. 3. Definitions. As used in this Act, unless the |
| context otherwise
requires:
| (a) "Bereavement" means the period of time during which the | hospice
patient's family experiences and adjusts to the death | of the hospice patient.
| (a-5) "Bereavement services" means counseling services | provided to an individual's family after the individual's | death. | (a-10) "Attending physician" means a physician who: | (1) is a doctor of medicine or osteopathy; and | (2) is identified by an individual, at the time the | individual elects to receive hospice care, as having the | most significant role in the determination and delivery of | the individual's medical care.
| (b) "Department" means the Illinois Department of Public | Health.
| (c) "Director" means the Director of the Illinois | Department of Public
Health.
| (d) " Hospice care
Full hospice " means a coordinated program | of palliative care that provides for the physical, emotional, | and spiritual care needs of a terminally ill patient and his or | her family. The goal of such care is to achieve the highest | quality of life as defined by the patient and his or her family | through the relief of suffering and control of symptoms.
home | and inpatient care
providing directly, or through agreement, | palliative and supportive medical,
health and other services to | terminally ill patients and their families.
A full hospice | utilizes a medically directed interdisciplinary hospice care
| team of professionals and volunteers. The program provides care | to meet
the physical, psychological, social, spiritual and | other special needs which
are experienced during the final | stages of illness and during dying and
bereavement. Home care | is to be provided on a part-time, intermittent,
regularly | scheduled basis, and on an on-call around-the-clock basis
| according to patient and family need.
To the maximum extent | possible, care shall be furnished in the patient's
home. Should | in-patient care be required, services are to be provided with
|
| the intent of minimizing the length of such care and shall only | be provided
in a hospital licensed under the Hospital Licensing | Act, or a skilled nursing
facility licensed under the Nursing | Home Care Act.
| (e) "Hospice care team" means an interdisciplinary group or | groups composed of individuals who provide or supervise the | care and services offered by the hospice.
working unit composed
| of but not limited to a physician licensed to practice medicine | in all of
its branches, a nurse licensed
pursuant to the | Nursing and
Advanced Practice Nursing Act, a social worker, a | pastoral or
other
counselor, and trained
volunteers. The | patient and the patient's family are considered members of
the | hospice care team when development or revision of the patient's | plan of
care takes place.
| (f) "Hospice patient" means a terminally ill person | receiving hospice
services.
| (g) "Hospice patient's family" means a hospice patient's | immediate family
consisting of a spouse, sibling, child, parent | and those individuals designated
as such by the patient for the | purposes of this Act.
| (g-1) "Hospice residence" means a separately licensed | home, apartment building, or similar
building providing living | quarters:
| (1) that is owned or operated by a person licensed to | operate as a comprehensive
full
hospice; and
| (2) at which hospice services are provided to facility | residents.
| A building that is licensed under the Hospital Licensing | Act or the Nursing
Home Care Act is not a hospice residence.
| (h) "Hospice services" means a range of professional and | other supportive services provided to a hospice patient and his | or her family. These services may include, but are not limited | to, physician services, nursing services, medical social work | services, spiritual counseling services, bereavement services, | and volunteer services.
palliative and supportive care | provided to
a hospice patient and his family to meet the |
| special need arising out of
the physical, emotional, spiritual | and social stresses which are experienced
during the final | stages of illness and during dying and bereavement. Services
| provided to the terminally ill patient shall be furnished, to | the maximum
extent possible, in the patient's home. Should | inpatient care be required,
services are to be provided with | the intent of minimizing the length of such
care.
| (h-5) "Hospice program" means a licensed public agency or | private organization, or a subdivision of either of those, that | is primarily engaged in providing care to terminally ill | individuals through a program of home care or inpatient care, | or both home care and inpatient care, utilizing a medically | directed interdisciplinary hospice care team of professionals | or volunteers, or both professionals and volunteers. A hospice | program may be licensed as a comprehensive hospice program or a | volunteer hospice program.
| (h-10) "Comprehensive hospice" means a program that | provides hospice services and meets the minimum standards for | certification under the Medicare program set forth in the | Conditions of Participation in 42 CFR Part 418 but is not | required to be Medicare-certified.
| (i) "Palliative care" means the management of pain and | other distressing symptoms that incorporates medical, nursing, | psychosocial, and spiritual care according to the needs, | values, beliefs, and culture or cultures of the patient and his | or her family. The evaluation and treatment is | patient-centered, with a focus on the central role of the | family unit in decision-making.
treatment to provide for the | reduction or
abatement of pain and other troubling symptoms, | rather than treatment aimed
at investigation and intervention | for the purpose of cure or inappropriate
prolongation of life.
| (j) "Hospice service plan" means a plan detailing the | specific hospice
services offered by a comprehensive
full or | volunteer
hospice program , and the administrative
and direct | care personnel responsible for those services. The plan shall
| include but not be limited to:
|
| (1) Identification of the person or persons | administratively responsible
for the program.
| (2) The estimated average monthly patient census.
| (3) The proposed geographic area the hospice will | serve.
| (4) A listing of those hospice services provided | directly by the hospice,
and those hospice services | provided indirectly through a contractual agreement.
| (5) The name and qualifications of those persons or | entities under
contract
to provide indirect hospice | services.
| (6) The name and qualifications of those persons | providing direct hospice
services, with the exception of | volunteers.
| (7) A description of how the hospice plans to utilize | volunteers in the
provision of hospice services.
| (8) A description of the program's record keeping | system.
| (k) "Terminally ill" means a medical prognosis by a | physician licensed
to practice medicine in all of its branches | that a patient has an anticipated
life expectancy of one year | or less.
| (l) "Volunteer" means a person who offers his or her | services to a hospice
without compensation. Reimbursement for a | volunteer's expenses in providing
hospice service shall not be | considered compensation.
| (l-5) "Employee" means a paid or unpaid member of the staff | of a hospice program, or, if the hospice program is a | subdivision of an agency or organization, of the agency or | organization, who is appropriately trained and assigned to the | hospice program. "Employee" also means a volunteer whose duties | are prescribed by the hospice program and whose performance of | those duties is supervised by the hospice program. | (l-10) "Representative" means an individual who has been | authorized under
State law to terminate an individual's medical | care or to elect or revoke the election of hospice care on |
| behalf of a terminally ill individual who is mentally or | physically incapacitated.
| (m) "Volunteer hospice" means a program which provides | hospice services
to patients regardless of their ability to | pay, with emphasis on the
utilization of volunteers to provide | services, under the administration of
a not-for-profit agency. | This definition does not prohibit the employment of
staff.
| (Source: P.A. 93-319, eff. 7-23-03.)
| (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
| Sec. 4. License.
| (a) No person shall establish, conduct or maintain a | comprehensive
full or volunteer hospice program without first | obtaining a license from the
Department. A hospice residence | may be operated only at the locations listed
on the license. A | comprehensive
full hospice program owning or operating a | hospice residence is not
subject to the provisions of the | Nursing Home Care Act in owning or operating a
hospice | residence.
| (b) No public or private agency shall advertise or present | itself to the
public as a comprehensive
full or volunteer | hospice program which provides hospice services without
| meeting the provisions of subsection (a).
| (c) The license shall be valid only in the possession
of | the hospice to which it was originally issued and shall not be
| transferred or assigned to any other person, agency, or | corporation.
| (d) The license shall be renewed annually.
| (e) The license shall be displayed in a conspicuous place | inside the hospice
program office.
| (Source: P.A. 93-319, eff. 7-23-03.)
| (210 ILCS 60/4.5 new) | Sec. 4.5. Provisional license. Every licensed hospice | program in operation on the effective date of this Act that | does not meet all of the requirements for a comprehensive |
| hospice program or a volunteer hospice program as set forth in | this Act shall be deemed to hold a provisional license to | continue that operation on and after that date. The provisional | license shall remain in effect for one year after the effective | date of this Act or until the Department issues a regular | license under Section 4, whichever is earlier. The Department | may coordinate the issuance of a regular hospice program | license under Section 4 with the renewal date of the license | that is in effect on the effective date of this Act.
| (210 ILCS 60/5) (from Ch. 111 1/2, par. 6105)
| Sec. 5. Application for License. An application for license | or renewal
thereof to operate as a comprehensive
full or | volunteer hospice program shall be made to the
Department upon | forms provided by it, and shall contain information
reasonably | required by the Department, taking into consideration the
| different categories of hospice programs. The application | shall be accompanied by:
| (1) The hospice service plan;
| (2) A financial statement containing information | deemed appropriate by
the Department for the category of | the applicant; and
| (3) A uniform license fee determined by the Department | based on the hospice
program's category.
| A licensed comprehensive hospice or volunteer hospice that | is in operation on the effective date of this Act may be issued | a comprehensive hospice program license under Section 4 if the | hospice program meets the requirements for a comprehensive | hospice program set forth in this Act.
| (Source: P.A. 84-427.)
| (210 ILCS 60/8) (from Ch. 111 1/2, par. 6108)
| Sec. 8. General Requirements for hospice programs
Full | Hospices . Every hospice program
Full hospices shall comply
with | the following requirements : .
| (a) The hospice program's services shall include physician |
| services, nursing
services, medical social work services, | bereavement services
counseling , and volunteer services.
These | services shall be
coordinated with those of the hospice | patient's primary or attending physician and shall be | substantially provided by hospice program employees . The | hospice program must make nursing services, medical social work | services, volunteer services, and bereavement services | available on a 24-hour basis to the extent necessary to meet | the needs of individuals for care that is reasonable and | necessary for the palliation and management of terminal illness | and related conditions. The hospice program must provide these | services in a manner consistent with the standards for | certification under the Medicare program set forth in the | Conditions of Participation in 42 CFR Part 418. Hospice | services, as defined in Section 3, may be furnished in a home | or inpatient setting, with the intent of minimizing the length | of inpatient care. The home care component shall be the primary | form of care and shall be available on a part-time, | intermittent, regularly-scheduled basis.
| (a-5) The hospice program must have a governing body that | designates an individual responsible for the day-to-day | management of the hospice service plan. The governing body must | also ensure that all services are provided in accordance with | accepted standards of practice and shall assume full legal | responsibility for determining, implementing, and maintaining | the hospice program's total operation. | (a-10) The hospice program must fully disclose in writing | to any hospice patient, or to any hospice patient's family or | representative, prior to the patient's admission, the hospice | services available from the hospice program and the hospice | services for which the hospice patient may be eligible under | the patient's third-party payer plan (that is, Medicare, | Medicaid, the Veterans Administration, private insurance, or | other plans). | (b) The hospice program shall coordinate its services with | professional
and nonprofessional services already in the |
| community. The program may
contract out for elements of its | services; however, direct patient contact
and overall | coordination of hospice services shall be maintained by the
| hospice care team. Any contract entered into between a hospice | and
a health care facility or service provider shall specify | that the hospice
retain the responsibility for planning and | coordinating hospice services
and care on behalf of a hospice | patient and his family. All contracts shall
be in compliance | with this Act. No hospice which contracts for any hospice
| service shall charge fees for services provided directly by the | hospice
care team which duplicate contractual services | provided to the individual
patient or his family.
| (c) The hospice program must have functioning hospice care | teams that develop the hospice patient plans of care in | accordance with the standards for certification under the | Medicare program set forth in the Conditions of Participation | in 42 CFR Part 418.
The hospice care team shall be responsible | for the coordination of
home and inpatient care.
| (c-5) A hospice patient's plan of care must be established | and maintained for each
individual admitted to a hospice | program, and the services provided to an
individual must be in | accordance with the individual's plan of care. The plans of | care must be established and maintained in accordance with the | standards for certification under the Medicare program set | forth in the Conditions of Participation in 42 CFR Part 418.
| (d) The hospice program shall have a medical director who | shall be a doctor of medicine or osteopathy and
physician
| licensed to practice medicine in all of its branches. The | medical
director shall have overall responsibility for medical | direction of the patient
care component of the hospice program
| and treatment of patients and their families rendered by the | hospice
care team, and shall consult and cooperate with the | patient's attending physician.
| (e) The hospice program shall have a bereavement program | which shall provide
a continuum of supportive services for the | family after the patient's death. The bereavement services must |
| be provided in accordance with the standards for certification | under the Medicare program set forth in the Conditions of | Participation in 42 CFR Part 418 .
| (f) The hospice program shall foster independence of the | patient and his
family by providing training, encouragement and | support so that the patient
and family can care for themselves | as much as possible.
| (g) The hospice program shall not impose the dictates of | any value or
belief system on its patients and their families.
| (h) The hospice program shall clearly define its admission | criteria.
Decisions on admissions shall be made by a hospice | care team and shall be
dependent upon the expressed request and | informed consent of the patient
or the patient's legal | guardian. For purposes of this Act, "informed consent" means | that a hospice program must demonstrate respect for an | individual's rights by ensuring that an informed consent form | that specifies the type of care and services that may be | provided as hospice care during the course of the patient's | illness has been obtained for every hospice patient, either | from the patient or from the patient's representative.
| (i) The hospice program shall keep accurate, current , and | confidential
records on all hospice patients and their families | in accordance with the standards for certification under the | Medicare program set forth in the Conditions of Participation | in 42 CFR Part 418, except that standards or conditions in | connection with Medicare or Medicaid election forms do not | apply to patients receiving hospice care at no charge .
| (j) The hospice program shall utilize the services of | trained volunteers in accordance with the standards for | certification under the Medicare program set forth in the | Conditions of Participation in 42 CFR Part 418 .
| (k) (Blank).
The hospice program shall consist of both home | care and inpatient
care which incorporates the following | characteristics:
| (1) The home care component shall be the primary form | of care, and shall
be available on a part-time, |
| intermittent, regularly scheduled basis and
on an on-call | around-the-clock basis, according to patient and family | need.
| (2) The inpatient component shall primarily be used | only for short-term stays.
| If possible, inpatient care should closely approximate a | home-like environment,
and provide overnight family visitation | within the facility.
| (l) The hospice program must maintain professional | management responsibility for hospice care and ensure that | services are furnished in a safe and effective manner by | persons meeting the qualifications as defined in this Act and | in accordance with the patient's plan of care. | (m) The hospice program must conduct a quality assurance | program in accordance with the standards for certification | under the Medicare program set forth in the Conditions of | Participation in 42 CFR Part 418.
| (n) Where applicable, every hospice program employee must | be licensed, certified, or registered in accordance with | federal, State, and local laws and regulations. | (o) The hospice program shall provide an ongoing program | for the training and education of its employees appropriate to | their responsibilities. | (Source: P.A. 83-457.)
| (210 ILCS 60/8.5 new) | Sec. 8.5. Additional requirements; comprehensive hospice | program. In addition to complying with the standards prescribed | by the Department under Section 9 and complying with all other | applicable requirements under this Act, a comprehensive | hospice program must meet the minimum standards for | certification under the Medicare program set forth in the | Conditions of Participation in 42 CFR Part 418. | (210 ILCS 60/8.10 new) | Sec. 8.10. Additional requirements; volunteer hospice |
| program. In addition to complying with the standards prescribed | by the Department under Section 9 and complying with all other | applicable requirements under this Act, a volunteer hospice | program must do the following: | (1) Provide hospice care to patients regardless of | their ability to pay, with emphasis on the utilization of | volunteers to provide services. Nothing in this paragraph | prohibits a volunteer hospice program from employing paid | staff, however. | (2) Provide services not required under subsection (a) | of Section 8 in accordance with generally accepted | standards of practice and in accordance with applicable | local, State, and federal laws.
| (3) Include the word "Volunteer" in its corporate name | and in all verbal and written communications to patients, | patients' families and representatives, and the community | and public at large. | (4) Provide information regarding other hospice care | providers available in the hospice program's service area.
| (210 ILCS 60/9) (from Ch. 111 1/2, par. 6109)
| Sec. 9. Standards. The Department shall prescribe, by | regulation,
minimum standards for licensed hospice programs.
| (a)
The standards for all hospice programs
full hospices | shall
include , but not be limited to , the following :
| (1) (Blank).
Compliance with the requirements in | Section 8.
| (2) The number and qualifications of persons providing | direct hospice
services.
| (3) The qualifications of those persons contracted | with to provide
indirect
hospice services.
| (4) The palliative and supportive care and bereavement | counseling provided
to a hospice patient and his family.
| (5) Hospice services provided on an inpatient basis.
| (6) Utilization review of patient care.
| (7) The quality of care provided to patients.
|
| (8) Procedures for the accurate and centralized | maintenance of records
on hospice services provided to | patients and their families.
| (9) The use of volunteers in the hospice program, and | the training of
those volunteers.
| (10) The rights of the patient and the patient's | family.
| (b) (Blank).
The standards for volunteer hospice programs | shall include but not be
limited to:
| (1) The direct and indirect services provided by the | hospice, including
the qualifications of personnel | providing medical care.
| (2) Quality review of the services provided by the | hospice program.
| (3) Procedures for the accurate and centralized | maintenance of records
on hospice services provided to | patients and their families.
| (4) The rights of the patient and the patient's family.
| (5) The use of volunteers in the hospice program.
| (6) The disclosure to the patients of the range of | hospice services
provided and not provided by the hospice | program.
| (c) The standards for hospices owning or operating hospice | residences
shall address the following:
| (1) The safety, cleanliness, and general adequacy of | the premises,
including provision for maintenance of fire | and health standards that conform
to State laws and | municipal codes, to provide for the physical comfort,
| well-being, care, and protection of the residents.
| (2) Provisions and criteria for admission, discharge, | and transfer of
residents.
| (3) Fee and other contractual agreements with | residents.
| (4) Medical and supportive services for residents.
| (5) Maintenance of records and residents' right of | access of those
records.
|
| (6) Procedures for reporting abuse or neglect of | residents.
| (7) The number of persons who may be served in a | residence, which shall
not exceed 16 persons per location.
| (8) The ownership, operation, and maintenance of | buildings containing a
hospice residence.
| (9) The number of licensed hospice residences
shall not | exceed 6 before December
31, 1996 and shall not exceed 12 | before December 31, 1997. The Department
shall conduct a | study of the benefits of hospice residences and make a
| recommendation to the General Assembly as to the need to | limit the number of
hospice residences after June 30, 1997.
| (d)
In developing the standards for hospices, the | Department shall take
into consideration the category of the | hospice programs.
| (Source: P.A. 89-278, eff. 8-10-95.)
| Section 15. 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. 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, as defined in the Home | Health Agency Licensing
Act;
| (v) a comprehensive
full hospice program or | volunteer hospice program , 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 99. Effective date. This Act takes effect July 1, | 2005.
|
Effective Date: 8/12/2005
|