Illinois General Assembly - Full Text of Public Act 094-0570
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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