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| Public Act 094-0570 |
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AN ACT concerning regulation.
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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,
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represented in the General Assembly:
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Section 5. The Assisted Living and Shared Housing Act is | ||||
amended by changing Section 75 as follows:
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(210 ILCS 9/75)
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Sec. 75. Residency Requirements.
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(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.
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(b) Only adults may be accepted for residency.
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(c) A person shall not be accepted for residency if:
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(1) the person poses a serious threat to himself or | ||||
herself or to others;
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(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,
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has been appointed to direct the provision of
services;
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(3) the person requires total assistance with 2 or more | ||||
activities of
daily
living;
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(4) the person requires the assistance of more than one | ||
paid caregiver at
any given time
with an activity of daily | ||
living;
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(5) the person requires more than minimal assistance in | ||
moving to a safe
area in an
emergency;
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(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;
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(7) the person requires intravenous therapy or | ||
intravenous feedings
unless self-administered or | ||
administered by a qualified, licensed health care
| ||
professional;
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(8) the person requires gastrostomy feedings unless | ||
self-administered or
administered
by a licensed health | ||
care professional;
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(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;
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(10) the person requires sterile wound care unless care | ||
is
self-administered or
administered by a licensed health | ||
care professional;
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(11) the person requires sliding scale insulin | ||
administration unless
self-performed or
administered by a | ||
licensed health care professional;
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(12) the person is a diabetic requiring routine insulin | ||
injections unless
the injections
are self-administered or | ||
administered by a licensed health care professional;
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(13) the person requires treatment of stage 3 or stage | ||
4 decubitus ulcers
or exfoliative
dermatitis;
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(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
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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
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(15) other reasons prescribed by the Department by | ||
rule.
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(d) A resident with a condition listed in items (1) through | ||
(15) of
subsection (c) shall have
his or her residency | ||
terminated.
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(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.
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(f) Subsection (d) of this Section shall not apply to
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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.
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(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
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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
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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.
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(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
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meant to limit a resident's right to
choose his or her health | ||
care provider.
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(Source: P.A. 93-141, eff. 7-10-03.)
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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:
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(210 ILCS 60/2) (from Ch. 111 1/2, par. 6102)
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Sec. 2. Purpose. The intent of this Act is to ensure | ||
quality hospice care to consumers in the State of Illinois
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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.
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(Source: P.A. 83-457.)
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(210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
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Sec. 3. Definitions. As used in this Act, unless the | ||
context otherwise
requires:
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(a) "Bereavement" means the period of time during which the | ||
hospice
patient's family experiences and adjusts to the death | ||
of the hospice patient.
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(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.
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(b) "Department" means the Illinois Department of Public | ||
Health.
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(c) "Director" means the Director of the Illinois | ||
Department of Public
Health.
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(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
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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
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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
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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.
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(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
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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.
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(f) "Hospice patient" means a terminally ill person | ||
receiving hospice
services.
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(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.
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(g-1) "Hospice residence" means a separately licensed | ||
home, apartment building, or similar
building providing living | ||
quarters:
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(1) that is owned or operated by a person licensed to | ||
operate as a comprehensive
full
hospice; and
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(2) at which hospice services are provided to facility | ||
residents.
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A building that is licensed under the Hospital Licensing | ||
Act or the Nursing
Home Care Act is not a hospice residence.
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(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
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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.
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(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.
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(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.
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(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.
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(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
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include but not be limited to:
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(1) Identification of the person or persons | ||
administratively responsible
for the program.
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(2) The estimated average monthly patient census.
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(3) The proposed geographic area the hospice will | ||
serve.
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(4) A listing of those hospice services provided | ||
directly by the hospice,
and those hospice services | ||
provided indirectly through a contractual agreement.
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(5) The name and qualifications of those persons or | ||
entities under
contract
to provide indirect hospice | ||
services.
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(6) The name and qualifications of those persons | ||
providing direct hospice
services, with the exception of | ||
volunteers.
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(7) A description of how the hospice plans to utilize | ||
volunteers in the
provision of hospice services.
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(8) A description of the program's record keeping | ||
system.
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 93-319, eff. 7-23-03.)
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(210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
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Sec. 4. License.
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(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.
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(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
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meeting the provisions of subsection (a).
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(c) The license shall be valid only in the possession
of | ||
the hospice to which it was originally issued and shall not be
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transferred or assigned to any other person, agency, or | ||
corporation.
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(d) The license shall be renewed annually.
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(e) The license shall be displayed in a conspicuous place | ||
inside the hospice
program office.
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(Source: P.A. 93-319, eff. 7-23-03.)
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(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.
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(210 ILCS 60/5) (from Ch. 111 1/2, par. 6105)
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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
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different categories of hospice programs. The application | ||
shall be accompanied by:
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(1) The hospice service plan;
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(2) A financial statement containing information | ||
deemed appropriate by
the Department for the category of | ||
the applicant; and
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(3) A uniform license fee determined by the Department | ||
based on the hospice
program's category.
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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.
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(Source: P.A. 84-427.)
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(210 ILCS 60/8) (from Ch. 111 1/2, par. 6108)
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Sec. 8. General Requirements for hospice programs
Full | ||
Hospices. Every hospice program
Full hospices shall comply
with | ||
the following requirements: .
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(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.
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(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.
| ||