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 245.210 SERVICES HOME SERVICES AGENCIES
Section 245.210 Services – Home Services Agencies
a) Agencies licensed as home services agencies shall provide non-medical services, which may be provided directly by agency staff or through a contractual purchase of services, that are intended to assist clients with activities of daily living. Services may include, but are not limited to, activity of daily living support, personal care, medication reminding, housekeeping services, personal laundry, cooking, shopping, assistance in getting to and from appointments, maintenance of household records, and companionship. Each agency shall maintain a listing of the types of services offered by the agency, and the scope of the work to be provided under each area, which the agency shall distribute to clients before contracting with the client, with the signed contract, and when changes occur.
b) If the agency provides services under contractual arrangements with a third party, it shall have a written agreement that includes, but is not limited to, the following:
1) A detailed description of the services to be provided;
2) Provisions for adherence to all applicable agency policies and personnel requirements, including requirements for initial health evaluations and employee health policies, and criminal background checks if applicable;
3) Designation of full responsibility for agency control over contracted services;
4) Procedures for submitting clinical and progress notes;
5) Charges for contracted services;
6) A statement of responsibility of liability and insurance coverage (employment, workers' compensation) and taxes, including employment and Social Security taxes;
7) The period of time the written agreement is in effect;
8) Date and signatures of appropriate authorities; and
9) Provisions for termination of services.
c) When services are provided to clients by a home services agency, there shall be a written contractual agreement between the client and the agency that includes, but is not limited to:
1) Indication and assurance of compliance by the agency with the requirements of the Act, including the Health Care Worker Background Check Act;
2) Identification of parties responsible for payment of employment taxes, Social Security taxes, and workers' compensation;
3) Information on the parties responsible for supervising workers, as well as hiring, firing and discipline of in-home services workers;
4) Identification of the charges to be paid, payment schedule, and to whom the client, or person acting on behalf of the client, is to make payments for services under the contract;
5) Time period for the contractual arrangement and conditions for termination of the contract; and
6) Contact information for the client to use in case of concerns, complaints, or questions on care to be provided.
d) Acceptance of Clients. Home Services Agencies shall develop and follow policies on acceptance and discharge of clients, which shall include, but not be limited to, the following:
1) Persons shall be accepted for service on the basis of their desire or need for assistance with household or personal support or companionship services. A home services agency shall not provide medical services that would be performed by an agency licensed as a home health agency or home nursing agency.
2) No person shall be refused services based on age, race, color, sex, marital status or national origin.
3) When services are terminated by the agency, the client is to be notified at least seven working days in advance of the date of termination, with a stated reason for the termination. This information shall be maintained in the client record. The seven-day notice requirement is not applicable in cases in which the worker's safety is at risk. In these cases, the agency may notify the client of termination of services and the reason for termination. Documentation of the risk to the provider shall be maintained in the client record.
4) The acceptance of the client for non-medical services shall be based on the following documented information, in consultation with the client and his or her appropriate family members or representative:
A) Any functional limitations of the client and the relevance of the limitation to the services requested; and
B) Any circumstances that may have an impact on activity or involvement by the client, such as basic information on medications being taken, treatments received, client's physical activity, diet and mental status in relation to the services requested.
e) Service Plan. The agency shall establish a plan for each client, in consultation with the client and his or her appropriate family members or representative, that outlines the services to be provided to the client. The plan shall address and include, but not be limited to:
1) The level, type, frequency and scope of services the client is receiving;
2) Identification of any functional limitations of the client and the relevance of the limitation to the services to be provided;
3) Information received from the client and his or her appropriate family members or representative, which shall be communicated to the home services worker, on circumstances that may have an impact on the client's activity or involvement, such as basic information on medications being taken, treatments received, client's physician, activity, diet and mental status.
f) Physician signature is not required for the plan of service developed under this Section.
g) The service plan shall be reviewed and revised as necessary, but not less than once annually.
h) Client Records. A client record shall be maintained for each client receiving in-home services. The record shall contain:
1) Appropriate identifying information for the client, including the client's name, address and telephone numbers;
2) The name, telephone numbers and address of the client's representative, if applicable;
3) The name, telephone numbers and address of an individual or relative to be contacted in an emergency;
4) The plan of services agreed to by the client and agency;
5) A copy of the Client Home Care Services Agreement or Contract; and
6) Documentation by the home services worker of each of the services provided at each visit.
i) Each agency shall have a written policy on records procedures and shall retain records for a minimum of two years beyond the last date of service provided. The agency may utilize hard copies or an electronic format. Each agency shall have written policies and procedures for records maintenance and shall retain records for a minimum of two years beyond the last date of service provided. The procedures may include that the agency will use and maintain faxed copies of records, rather than original records, provided that faxed copies shall be maintained on non-thermal paper and that the original records will be maintained for a period of two years by the originating entity.
j) Each agency shall have a written policy for protecting the confidentiality of patient records that explains the use of records, removal of records, and release of information.
(Source: Amended at 39 Ill. Reg. 16406, effective December 10, 2015)