093_SB0131enr

 
SB131 Enrolled                       LRB093 06231 LRD 06341 b

 1        AN ACT concerning health facilities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Hospice Program Licensing Act is amended
 5    by changing Sections 3 and 4 as follows:

 6        (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
 7        Sec. 3.  Definitions.  As used in this  Act,  unless  the
 8    context otherwise requires:
 9        (a)  "Bereavement"  means the period of time during which
10    the hospice patient's family experiences and adjusts  to  the
11    death of the hospice patient.
12        (b)  "Department" means the Illinois Department of Public
13    Health.
14        (c)  "Director"   means  the  Director  of  the  Illinois
15    Department of Public Health.
16        (d)  "Full hospice" means a coordinated program  of  home
17    and inpatient care  providing directly, or through agreement,
18    palliative  and supportive medical, health and other services
19    to terminally ill  patients  and  their  families.    A  full
20    hospice   utilizes  a  medically  directed  interdisciplinary
21    hospice care  team  of  professionals  and  volunteers.   The
22    program  provides  care  to meet the physical, psychological,
23    social,  spiritual  and  other  special   needs   which   are
24    experienced  during  the  final  stages of illness and during
25    dying and bereavement.  Home care is  to  be  provided  on  a
26    part-time, intermittent, regularly scheduled basis, and on an
27    on-call  around-the-clock  basis  according  to  patient  and
28    family  need.  To  the maximum extent possible, care shall be
29    furnished in the patient's home.  Should in-patient  care  be
30    required,  services  are  to  be  provided with the intent of
31    minimizing the length of such care and shall only be provided
 
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 1    in a hospital licensed under the Hospital Licensing Act, or a
 2    skilled nursing facility licensed under the Nursing Home Care
 3    Act.
 4        (e)  "Hospice  care  team"  means  an   interdisciplinary
 5    working  unit  composed  of  but  not  limited to a physician
 6    licensed to practice medicine in all of its branches, a nurse
 7    licensed  pursuant  to  the  Nursing  and  Advanced  Practice
 8    Nursing Act, a social worker, a pastoral or other  counselor,
 9    and trained volunteers.  The patient and the patient's family
10    are   considered  members  of  the  hospice  care  team  when
11    development or revision of the patient's plan of  care  takes
12    place.
13        (f)  "Hospice  patient"  means  a  terminally  ill person
14    receiving hospice services.
15        (g)  "Hospice patient's family" means a hospice patient's
16    immediate family consisting  of  a  spouse,  sibling,  child,
17    parent  and  those  individuals  designated  as  such  by the
18    patient for the purposes of this Act.
19        (g-1)  "Hospice  residence"  means  a   home,   apartment
20    building, or similar building providing living quarters:
21             (1)  that  is owned or operated by a person licensed
22        to operate as a full hospice; and
23             (2)  at  which  hospice  services  are  provided  to
24        facility residents.
25        A building that is licensed under the Hospital  Licensing
26    Act or the Nursing Home Care Act is not a hospice residence.
27        (h)  "Hospice  services"  means palliative and supportive
28    care provided to a hospice patient and his family to meet the
29    special  need  arising  out  of  the   physical,   emotional,
30    spiritual  and  social  stresses which are experienced during
31    the final stages of illness and during dying and bereavement.
32    Services provided to the  terminally  ill  patient  shall  be
33    furnished,  to  the maximum extent possible, in the patient's
34    home.  Should inpatient care be required, services are to  be
 
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 1    provided  with  the  intent  of minimizing the length of such
 2    care.
 3        (i)  "Palliative care" means treatment to provide for the
 4    reduction or abatement of pain and other troubling  symptoms,
 5    rather than treatment aimed at investigation and intervention
 6    for  the  purpose  of  cure  or inappropriate prolongation of
 7    life.
 8        (j)  "Hospice service plan" means a  plan  detailing  the
 9    specific  hospice  services  offered  by  a full or volunteer
10    hospice, and the administrative  and  direct  care  personnel
11    responsible  for  those services.  The plan shall include but
12    not be limited to:
13             (1)  Identification  of  the   person   or   persons
14        administratively  responsible  for  the  program, and the
15        affiliation of such person or  persons  with  a  licensed
16        home health agency, hospital or nursing home.
17             (2)  The estimated average monthly patient census.
18             (3)  The  proposed  geographic area the hospice will
19        serve.
20             (4)  A listing of those  hospice  services  provided
21        directly  by  the  hospice,  and  those  hospice services
22        provided indirectly through a contractual agreement.
23             (5)  The name and qualifications of those persons or
24        entities  under  contract  to  provide  indirect  hospice
25        services.
26             (6)  The name and qualifications  of  those  persons
27        providing  direct hospice services, with the exception of
28        volunteers.
29             (7)  A description  of  how  the  hospice  plans  to
30        utilize volunteers in the provision of hospice services.
31             (8)  A  description  of the program's record keeping
32        system.
33        (k)  "Terminally ill" means  a  medical  prognosis  by  a
34    physician  licensed  to  practice  medicine  in  all  of  its
 
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 1    branches that a patient has an anticipated life expectancy of
 2    one year 6 months or less.
 3        (l)  "Volunteer"  means  a  person  who offers his or her
 4    services to a hospice  without  compensation.   Reimbursement
 5    for a volunteer's expenses in providing hospice service shall
 6    not be considered compensation.
 7        (m)  "Volunteer  hospice"  means a program which provides
 8    hospice services to patients regardless of their  ability  to
 9    pay,  with  emphasis  on  the  utilization  of  volunteers to
10    provide   services,   under   the   administration    of    a
11    not-for-profit agency.  This definition does not prohibit the
12    employment of staff.
13    (Source: P.A. 89-278, eff. 8-10-95; 90-742, eff. 8-13-98.)

14        (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
15        Sec. 4.  License.
16        (a) No person shall establish, conduct or maintain a full
17    or  volunteer  hospice without first obtaining a license from
18    the Department.  A hospice residence may be operated only  at
19    the  locations  listed on the license.  A full hospice owning
20    or operating a  hospice  residence  is  not  subject  to  the
21    provisions  of  the  Nursing  Home  Care  Act  in  owning  or
22    operating a hospice residence.
23        (b)  No  public  or  private  agency  shall  advertise or
24    present itself to the public as a full or  volunteer  hospice
25    which   provides   hospice   services   without  meeting  the
26    provisions of subsection (a).
27        (c)  The license shall be valid only in the possession of
28    the hospice home health agency,  hospital,  nursing  home  or
29    not-for-profit  agency  to which it was originally issued and
30    shall not be transferred or assigned  to  any  other  person,
31    agency, or corporation.
32        (d)  The license shall be renewed annually.
33        (e)  The  license  shall  be  displayed  in a conspicuous
 
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 1    place inside the hospice program office.
 2    (Source: P.A. 89-278, eff. 8-10-95.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.