Section 245.220  Client Service Contracts – Home Nursing and Home Services Agencies

A contract shall be in force between a home nursing or home services agency and a client. A copy of the contract shall be provided to the client and a copy shall be maintained in the client file at the agency.  If the agency has both a home services license and a home nursing license, the agency shall maintain two separate client contracts, one for skilled medical care and one for non-medical services.  The contracts shall be printed in no less than 12-point type, and shall include at least the following elements in the body or through supporting documents or attachments:

a)         Client consent to receive services;

b)         The name, street address, mailing address and telephone number of the agency;

c)         The name, mailing address and telephone number of the persons designated as the agency manager and/or other individual beyond the in-home worker to contact in regard to questions, problems, needs or concerns;

d)         A statement describing the agency license status;

e)         Indication and assurance of compliance by the agency with the requirements of the Act, including compliance with the Health Care Worker Background Check Act;

f)         The duration of the contract;

g)         The rate to be paid by the client and a detailed description of services to be provided as a part of the rate;

h)         A description of the process through which the contract may be modified, amended or terminated;

i)          A description of the agency complaint resolution process;

j)          The billing and payment procedures and requirements;

k)         A statement regarding the agency's policy on notification of a relative or other individual in case of an emergency;

l)          A notice as developed and provided by the agency, indicating the responsible party for the following:

1)         Employer of the in-home/licensed worker;

2)         Liability for the in-home/licensed worker;

3)         Payment of wages to the in-home/licensed worker;

4)         Payment of employment taxes, unemployment insurance, and worker's compensation for the in-home/licensed worker;

5)         Payment of Social Security taxes for the in-home/licensed worker;

6)         Day-to-day supervision of the in-home/licensed worker;

7)         Assignment of duties to the in-home/licensed worker;

8)         Responsibility for hiring, firing and disciplining the in-home/licensed worker; and

9)         Provision of equipment or materials for the in-home/licensed worker's use in providing services to the consumer.

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