TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER b: HOSPITALS AND AMBULATORY CARE FACILITIES
PART 245 HOME HEALTH, HOME SERVICES, AND HOME NURSING AGENCY CODE
SECTION 245.20 DEFINITIONS


 

Section 245.20  Definitions

 

Act – the Home Health, Home Services and Home Nursing Agency Licensing Act.

 

Activities of Daily Living − include, but are not limited to, eating, dressing, bathing, toileting, transferring, or personal hygiene.

 

Advocate – a person who represents the rights and interests of an individual as though they were the person's own, to realize the rights to which the individual is entitled, obtain needed services, and remove barriers to meeting the individual's needs.

 

Agency – a home health agency, home nursing agency, or home services agency, unless specifically stated otherwise.  (Section 2.03a of the Act)

 

Agency Manager – the individual designated by the governing body or the entity legally responsible for the agency, who has overall responsibility for the organization and day-to-day operation of the home services or home nursing agency.

 

Audiologist – a person who has received a license to practice audiology pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act.

 

Branch Office – a location or site from which an agency provides services within a portion of the total geographic area served by the parent agency.  The branch office is part of the agency and is located sufficiently close to share administration, supervision and services in a manner that renders it unnecessary for the branch to be independently licensed.

 

Bylaws or Equivalent – a set of rules adopted by an agency for governing the agency's operation.

 

Client – an individual receiving services from a home nursing agency, a home services agency or a placement agency.  This term includes the service recipient's advocate or designee.

 

Client Record − a written or electronic record that includes, but is not limited to, personal information, emergency notification information, plans of service agreed to between the client and the home services agency, a copy of the home services contract or agreement, and documentation of the services provided at each visit.

 

Clinical Note – a dated, written notation or electronic entry by a member of the health team of a contact with a patient, containing a description of signs and symptoms, treatment and/or drug given, the patient's reaction, and any changes in physical or emotional condition.

 

Clinical Record – an accurate account of services and care provided for each patient and maintained by a home health or home nursing agency in accordance with accepted professional standards.

 

Companionship – services that provide fellowship, care and protection for a client who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs.  Services requested may include, but are not limited to, household work related to the care of the client, such as meal preparation, bed making, or laundry; shopping or errands; or other similar services.

 

Department or IDPH – the Department of Public Health of the State of Illinois.  (Section 2.01 of the Act)

 

Director – the Director of Public Health of the State of Illinois, or his or her designee.  (Section 2.02 of the Act)

 

Discharge Summary – the written report of services rendered, goals achieved, and final disposition at the time of discharge from service of a home health or home nursing agency.

 

Employee − a person who works in the service of another person, or company, under an express or implied contract for hire, under which the employer has the right to control the details of work performance for wages, salary, fee or payment.

 

Employee Prospect – a person or persons to whom an agency expects to extend an offer of employment.

 

Geographic Service Area – the area from which home health agency patients are drawn.  This area is to be clearly defined by readily recognizable boundaries.

 

Health Care Professional – a physician licensed to practice medicine in all of its branches, a podiatrist, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes services under the Act, or a physician assistant who has been delegated the authority to perform services under the Act by his or her supervising physician.

 

Home Health Agency – a public agency or private organization that provides skilled nursing services and at least one other home health service as defined in this Part.  (Section 2.04 of the Act)

 

Home Health Agency Administrator – an employee of the home health agency who is any one of the following:

 

a physician;

 

a registered nurse;

 

an individual with at least one year of supervisory or administrative experience in home health care or in related health provider programs; or

 

an individual who meets the requirements for Public Health Administrator as contained in Section 600.300 of the Certified Local Health Department Code.

 

Home Health Aide – a person who provides nursing, medical, or personal care and emotional comfort to assist the patient toward independent living in a safe environment.  A person may not be employed as a home health aide unless he/she meets the requirements of Section 245.70.

 

Home Health Services – services provided to a person at his or her residence according to a plan of treatment for illness or infirmity prescribed by a physician or podiatrist.  Such services include part-time and intermittent nursing services and other therapeutic services such as physical therapy, occupational therapy, speech therapy, medical social services or services provided by a home health aide.  (Section 2.05 of the Act)

 

Home Nursing Agency – an agency that provides services directly, or acts as a placement agency, in order to deliver skilled nursing and home health aide services to persons in their personal residences.  A home nursing agency provides services that would be required to be performed by an individual licensed under the Nurse Practice Act.  Home health aide services are provided under the direction of a registered professional nurse or advanced practice nurse.  A home nursing agency does not require licensure as a home health agency under the Act.  "Home nursing agency" does not include an individually licensed nurse acting as a private contractor or a person that provides or procures temporary employment in health care facilities, as defined in the Nurse Agency Licensing Act.  (Section 2.11 of the Act) 

 

Home Nursing Services – services that would be required to be performed by an individual licensed under the Nurse Practice Act on a shift schedule, one-time, full-time or part-time, and/or intermittent basis.

 

Home Services Agency – an agency that provides services directly, or acts as a placement agency, for the purpose of placing individuals as workers providing home services for consumers primarily in their personal residences.  Home services agency does not include agencies licensed under the Nurse Agency Licensing Act, the Hospital Licensing Act, the Nursing Home Care Act, or the Assisted Living and Shared Housing Act and does not include an agency that limits its business exclusively to providing housecleaning services.  Programs providing services exclusively through the Community Care Program of the Illinois Department on Aging or the Department of Human Services Office of Rehabilitation Services or the United States Department of Veterans Affairs are not considered to be a home services agency under the Act.  (Section 2.08 of the Act)

 

Home Services or In-Home Services or In-Home Support Services – assistance with activities of daily living, housekeeping, personal laundry, and companionship provided to an individual  in his or her personal residence, which are intended to enable that individual to remain safely and comfortably in his or her own personal residence.  "Home services" does not include services that would be required to be performed by an individual licensed under the Nurse Practice Act.  (Section 2.09 of the Act) Home care services are focused on providing assistance that is not medical in nature, but is based upon assisting the client in meeting the demands of living independently and maintaining a personal residence, such as companionship, cleaning, laundry, shopping, meal preparation, dressing, and bathing.

 

Home Services Worker or In-Home Services Worker – an individual who provides home care services to a consumer in the consumer's personal residence.  (Section 2.10 of the Act)  The terms homemaker and companion are commonly used to refer to this type of worker.

 

Licensed Practical Nurse – a person currently licensed as a licensed practical nurse under the Nurse Practice Act.

 

Medical Social Worker – a person who is a licensed social worker or a licensed clinical social worker under the Clinical Social Work and Social Work Practice Act.

 

Occupational Therapist – a person who is licensed as an occupational therapist under the Illinois Occupational Therapy Practice Act and meets either or both of the following requirements:

 

Is a graduate of an occupational therapy curriculum accredited jointly by the Council on Medical Education of the American Medical Association and the American Occupational Therapy Association; or

 

Is eligible for the National Registration Examination of the American Occupational Therapy Association.

 

Occupational Therapy Assistant – a person who is licensed as an occupational therapy assistant under the Illinois Occupational Therapy Practice Act and meets  the requirements for certification as an occupational therapy assistant established by the American Occupational Therapy Association.

 

Part Time or Intermittent Care – home health services given to a patient at least once every 60 days or as frequently as a few hours a day, several times per week.

 

Patient – a person who is under treatment or care for illness, disease, injury or conditions appropriately responsive to home health or home nursing services to maintain health or prevent illness.

 

Patient Care Plan – a coordinated and combined care plan prepared by and in collaboration with each discipline providing service to the patient, to the patient's family, or, for home health agencies, to both.

 

Person – any individual, firm, partnership, corporation, company, association or any other legal entity.  (Section 2.03 of the Act)

 

Personal Care Services – services that are furnished to a client in the client's personal residence to meet the client's physical, maintenance, and supportive needs, when those services are not considered skilled personal care, as described in this Section and Part, and do not require a physician's orders or the supervision of a nurse.

 

Physical Therapist – a person who is licensed as a physical therapist under the Illinois Physical Therapy Act and who meets the qualifications for a physical therapist under the Federal Conditions of Participation for Home Health Agencies established by the Centers for Medicare and Medicaid Services (42 CFR 484.1 through 484.40).

 

Physical Therapist Assistant – a person who is licensed as a physical therapist assistant under the Illinois Physical Therapy Act and who meets the qualifications for a physical therapist assistant under the Federal Conditions of Participation for Home Health Agencies established by the Centers for Medicare and Medicaid Services (42 CFR 484.1 through 484.40).

 

Physician – Any person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.  For a patient who has received medical care in another state, or has moved from another state, and who has not secured the services of a physician licensed in Illinois, an individual who holds an active license to practice medicine in another state will be considered the physician for the patient during this emergency (as determined by the physician) as provided in Section 3 of the Medical Practice Act of 1987.  An emergency may not extend more than six months in any case.

 

Placement Agency – any person engaged for gain or profit, regardless of the agency tax status, in the business of securing or attempting to secure work for hire for persons seeking work or workers for employers.  The term includes a private employment agency and any other entity that places a worker for private hire by a consumer in that consumer's residence for purposes of providing home services.  The term does not include a person that provides or procures temporary employment in health care facilities, as defined in the Nurse Agency Licensing Act.  (Section 2.12 of the Act)  For the purposes of this Part, there are two types of placement agencies:  Home Nursing Placement Agencies (see Section 245.212) and Home Services Placement Agencies (see Section 245.214). A placement agency does not provide ongoing, continuous client support and management of services.

 

Plan of Treatment – a plan based on the patient's diagnosis and the assessment of the patient's immediate and long-range needs and resources.  The plan of treatment is established in consultation with, in the case of a home health agency, the home health services team, which includes the attending physician or podiatrist, pertinent members of the agency staff, the patient, and members of the family.

 

Podiatrist – a person who is licensed to practice under the Podiatric Medical Practice Act of 1987.

 

Professional Advisory Group – a group composed of at least one practicing physician, one registered nurse (preferably a public health nurse), and with appropriate representation from other professional disciplines that are participating in the provision of home health services.  It is highly recommended that a consumer be a member of the group.  At least one member of the group is neither an owner nor an employee of the home health agency.

 

Progress Notes – a dated, written notation by a member of the health team, summarizing facts about care and the patient's response during a given period of time.

 

Purchase of Services/Contractual – the provision of services through a written agreement with other providers of services.

 

Registered Nurse – a person who is currently licensed as a registered nurse under the Nurse Practice Act.

 

Skilled Nursing Services – those services that, due to their nature and scope, would require the performing individual to be licensed under the Nurse Practice Act.  These services are acts requiring the basic nursing knowledge, judgment and skills acquired by means of completion of an approved nursing education program and include, but are not limited to: assessment of healthcare needs; nursing diagnosis; planning, implementation and nursing evaluation; counseling; patient education; health education; the administration of medications and treatments; and the coordination and/or management of a nursing or medical plan of care.

 

Skilled Personal Care – personal care that may be provided only by a home health aide, as defined in this Section, or an individual who is a certified or licensed health care professional under the laws of the State of Illinois.

 

Social Work Assistant – a person who has a baccalaureate degree in social work, psychology, sociology, or other field related to social work and has had at least one year of social work experience in a health care setting.

 

Speech-Language Pathologist – a person who is licensed as a speech-language pathologist under the Illinois Speech-Language Pathology and Audiology Practice Act.

 

Student – an individual who is enrolled in an educational institution and who is receiving training in a health-related profession.

 

Subdivision – a component of a multi-function health agency, such as the home care department of a hospital or the nursing division of a health department, which independently meets the federal conditions of participation for home health agencies.  A subdivision that has branches is regarded as a parent agency.

 

Substantial Compliance or Substantially Meets – meeting requirements except for variance from the strict and literal performance, which results in unimportant omissions or defects given the particular circumstances involved.

 

Subunit – a semi-autonomous organization that serves patients in a geographic area different from that of the parent agency.  Because of the distance between the subunit and the agency, the subunit is considered to be incapable of sharing administration, supervision and services.

 

Summary Report – a compilation of the pertinent factors from the clinical notes and progress notes regarding a patient, which is submitted to the patient's physician or podiatrist.

 

Supervision – authoritative procedural guidance by a qualified person of the appropriate discipline.

 

(Source:  Amended at 39 Ill. Reg. 16406, effective December 10, 2015)