Synopsis As Introduced Creates the Home Care Consumer and Worker Protection Act. If an agency places a home care worker with a consumer to provide home care services, requires the agency to give the worker and the consumer a notice setting forth the rights and responsibilities of each of them as well as appropriate phone numbers and addresses of the Department on Aging. Provides that the Act does not apply to nursing homes, home health agencies, and certain other agencies. Provides that an agency subject to the Act must comply with the Health Care Worker Background Check Act and must ensure that every home care worker placed by the agency for hire by a consumer has the appropriate credentials and is appropriately licensed or certified as required by law. Authorizes the Department on Aging to investigate complaints of violations of the Act, issue cease-and-desist orders, and seek injunctive relief. Provides for a civil penalty of $1,000 per day for each day that a violation continues. Effective January 1, 2006.
Replaces everything after the enacting clause. Amends the State Finance Act, the Home Health Agency Licensing Act, and the Health Care Worker Background Check Act. Changes the short title of the Home Health Agency Licensing Act to the Home Health, Home Services, and Home Nursing Agency Licensing Act, and requires the licensure of home services agencies and home nursing agencies on and after September 1, 2008; provides for the licensure of such agencies in conjunction with the licensure of a home health agency. Requires the Department of Public Health to adopt standards for the licensure and operation of home services agencies and home nursing agencies. Creates the Home Care Services Agency Licensure Fund as a special fund in the State treasury, and provides for the deposit of fees and fines collected in relation to the licensure of home services agencies and home nursing agencies into the fund; provides that moneys in the fund shall be used for administering the licensure of such agencies. Changes the name of the Home Health Advisory Committee to the Home Health and Home Services Advisory Committee, and adds 4 members to represent the home services agency profession; also specifies the constituencies to be represented by the 4 members appointed to represent the general public; adds duties of the committee in relation to the licensure of home services agencies and home nursing agencies. Provides that for purposes of the Health Care Worker Background Check Act, "health care employer" includes home services agencies and home nursing agencies. Amends the End Stage Renal Disease Facility Act, the Nurse Agency Licensing Act, and the Community Services Act to make conforming changes. Makes other changes. Effective January 1, 2006.
House Committee Amendment No. 1 Makes additional changes in provisions amending the Home Health Agency Licensing Act. Provides that "home services agency" does not include agencies licensed under the Hospital Licensing Act. Deletes provisions concerning a system or schedule of graduated licensing for home services agencies. Provides that the fee for "each single home health agency license" (instead of "each license") shall be $25. Provides that the Department of Public Health shall establish, by rule, a system whereby an entity that meets the requirements for licensure may obtain licensure singly or in any combination for the categories authorized under the Act. Provides that the Department shall develop and implement one application to be used even if a combination of licenses authorized under the Act is sought. Provides that applicants for multiple licenses under this system shall pay the higher of the licensure fees applicable. Provides that fees collected under this system shall be deposited into the Home Care Services Agency Licensure Fund. Restores provisions of current law concerning members of the Home Health and Home Services Advisory Committee representing the home health agency profession.