Illinois 2025-2026 Regular Session

Illinois House Bill HB2369 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2369 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-2c new Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish and administer, by January 1, 2027, a Certified Family Health Aide Program that permits a legally responsible family caregiver or family member to receive specific training from a participating licensed home health agency, home nursing agency, or home services agency on the provision of private duty nursing services. Provides that a legally responsible family caregiver or family member who successfully completes training and meets all other applicable requirements under State or federal law shall receive certification as a certified family health aide and be eligible to provide private duty nursing services to a qualifying family member under the Early and Periodic Screening, Diagnostic and Treatment benefit or through any home and community-based services waiver program for medically fragile and technology dependent children. Provides that no home health agency, home nursing agency, home services agency, or legally responsible family caregiver or family member is required to participate in the program. Contains provisions on training and instruction requirements for certification; additional hands-on training provided by participating agencies; competency requirements for certified family health aides; background check requirements; reimbursement rates for certified family health aide services; Department rules and reporting requirements; monthly meetings between the Department and participating agencies during the implementation phase of the program; and other matters. Effective immediately. LRB104 06022 KTG 16055 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2369 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-2c new 305 ILCS 5/5-2c new Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish and administer, by January 1, 2027, a Certified Family Health Aide Program that permits a legally responsible family caregiver or family member to receive specific training from a participating licensed home health agency, home nursing agency, or home services agency on the provision of private duty nursing services. Provides that a legally responsible family caregiver or family member who successfully completes training and meets all other applicable requirements under State or federal law shall receive certification as a certified family health aide and be eligible to provide private duty nursing services to a qualifying family member under the Early and Periodic Screening, Diagnostic and Treatment benefit or through any home and community-based services waiver program for medically fragile and technology dependent children. Provides that no home health agency, home nursing agency, home services agency, or legally responsible family caregiver or family member is required to participate in the program. Contains provisions on training and instruction requirements for certification; additional hands-on training provided by participating agencies; competency requirements for certified family health aides; background check requirements; reimbursement rates for certified family health aide services; Department rules and reporting requirements; monthly meetings between the Department and participating agencies during the implementation phase of the program; and other matters. Effective immediately. LRB104 06022 KTG 16055 b LRB104 06022 KTG 16055 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2369 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
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55 Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish and administer, by January 1, 2027, a Certified Family Health Aide Program that permits a legally responsible family caregiver or family member to receive specific training from a participating licensed home health agency, home nursing agency, or home services agency on the provision of private duty nursing services. Provides that a legally responsible family caregiver or family member who successfully completes training and meets all other applicable requirements under State or federal law shall receive certification as a certified family health aide and be eligible to provide private duty nursing services to a qualifying family member under the Early and Periodic Screening, Diagnostic and Treatment benefit or through any home and community-based services waiver program for medically fragile and technology dependent children. Provides that no home health agency, home nursing agency, home services agency, or legally responsible family caregiver or family member is required to participate in the program. Contains provisions on training and instruction requirements for certification; additional hands-on training provided by participating agencies; competency requirements for certified family health aides; background check requirements; reimbursement rates for certified family health aide services; Department rules and reporting requirements; monthly meetings between the Department and participating agencies during the implementation phase of the program; and other matters. Effective immediately.
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1111 1 AN ACT concerning public aid.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Public Aid Code is amended by
1515 5 adding Section 5-2c as follows:
1616 6 (305 ILCS 5/5-2c new)
1717 7 Sec. 5-2c. Certified Family Health Aide Program.
1818 8 (a) As used in this Section:
1919 9 "Home health agency", "home nursing agency", and "home
2020 10 services agency" have the same meaning ascribed to those terms
2121 11 under the Home Health, Home Services, and Home Nursing Agency
2222 12 Licensing Act.
2323 13 "Legally responsible family caregiver or family member"
2424 14 mean a parent, guardian, or adult sibling, 18 years of age or
2525 15 older, of a household family member who receives or is
2626 16 eligible to receive in-home shift nursing services or in-home
2727 17 respite services under the Early and Periodic Screening,
2828 18 Diagnostic and Treatment benefit authorized under 42 CFR
2929 19 441.50 or through any home and community-based services waiver
3030 20 program for medically fragile and technology dependent
3131 21 children as authorized under Section 1915(c) of the Social
3232 22 Security Act.
3333 23 "Participating agency" means a home health agency, home
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3838 305 ILCS 5/5-2c new 305 ILCS 5/5-2c new
3939 305 ILCS 5/5-2c new
4040 Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish and administer, by January 1, 2027, a Certified Family Health Aide Program that permits a legally responsible family caregiver or family member to receive specific training from a participating licensed home health agency, home nursing agency, or home services agency on the provision of private duty nursing services. Provides that a legally responsible family caregiver or family member who successfully completes training and meets all other applicable requirements under State or federal law shall receive certification as a certified family health aide and be eligible to provide private duty nursing services to a qualifying family member under the Early and Periodic Screening, Diagnostic and Treatment benefit or through any home and community-based services waiver program for medically fragile and technology dependent children. Provides that no home health agency, home nursing agency, home services agency, or legally responsible family caregiver or family member is required to participate in the program. Contains provisions on training and instruction requirements for certification; additional hands-on training provided by participating agencies; competency requirements for certified family health aides; background check requirements; reimbursement rates for certified family health aide services; Department rules and reporting requirements; monthly meetings between the Department and participating agencies during the implementation phase of the program; and other matters. Effective immediately.
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6868 1 nursing agency, or home services agency that participates in
6969 2 the Certified Family Health Aide Program.
7070 3 "Program" means the Certified Family Health Aide Program.
7171 4 (b) By January 1, 2027, the Department shall establish and
7272 5 administer a Certified Family Health Aide Program that permits
7373 6 a legally responsible family caregiver or family member to
7474 7 receive specific training from a participating licensed home
7575 8 health agency, home nursing agency, or home services agency on
7676 9 the provision of private duty nursing services. A legally
7777 10 responsible family caregiver or family member who successfully
7878 11 completes training and meets all other applicable requirements
7979 12 under State or federal law shall receive certification as a
8080 13 certified family health aide and be eligible to provide
8181 14 private duty nursing services to a qualifying family member
8282 15 under the Early and Periodic Screening, Diagnostic and
8383 16 Treatment benefit or through any home and community-based
8484 17 services waiver program for medically fragile and technology
8585 18 dependent children. No home health agency, home nursing
8686 19 agency, home services agency, or legally responsible family
8787 20 caregiver or family member is required to participate in the
8888 21 program.
8989 22 (c) To obtain certification as a family health aide under
9090 23 the program, a legally responsible family caregiver or family
9191 24 member must complete all training, testing, and other
9292 25 qualification criteria as prescribed by the Department, by
9393 26 rule, or as required under any applicable State or federal
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104104 1 law. Training provided by a participating agency must follow
105105 2 federal guidelines and standards on home health aide
106106 3 instruction and training as set forth in 42 CFR 484.80. All
107107 4 family health aides must complete training and instruction on
108108 5 the following tasks:
109109 6 (1) patient care transfers;
110110 7 (2) positioning;
111111 8 (3) ambulation;
112112 9 (4) feeding;
113113 10 (5) personal 24 care;
114114 11 (6) catheter care;
115115 12 (7) range of motion;
116116 13 (8) observation and reporting of a patient's vital
117117 14 signs and blood pressure;
118118 15 (9) medication administration;
119119 16 (10) enteral care; and
120120 17 (11) meal and formula preparation.
121121 18 A participating agency must provide an additional 10 hours
122122 19 of hands-on training in the tasks described in paragraphs (1)
123123 20 through (11). All training and instruction provided by a
124124 21 participating agency must be documented by the participating
125125 22 agency. Each of tasks described in paragraphs (1) through (11)
126126 23 shall be within the scope of practice for certified family
127127 24 health aides.
128128 25 (d) Certified family health aides must meet all competency
129129 26 requirements imposed by the participating agency, as well as
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140140 1 applicable State and federal guidelines, before providing
141141 2 private duty nursing services to a family member who is
142142 3 receiving medical assistance under the Early and Periodic
143143 4 Screening, Diagnostic and Treatment benefit or through any
144144 5 home and community-based services waiver program for medically
145145 6 fragile and technology dependent children. A participating
146146 7 agency that employs a legally responsible family caregiver or
147147 8 family member prior to certification shall be required to pay
148148 9 all training costs for the legally responsible family
149149 10 caregiver or family member to become a certified family health
150150 11 aide. No legally responsible family caregiver or family member
151151 12 shall be required to reimburse the participating agency for
152152 13 the training costs associated with certification. A legally
153153 14 responsible family caregiver or family member must meet all
154154 15 applicable State and federal background screening requirements
155155 16 and regulations, including a fingerprint-based criminal
156156 17 history records check, to obtain employment at a participating
157157 18 agency.
158158 19 The Department shall adopt rules to implement the program,
159159 20 including, but not limited to, rules on application and
160160 21 certification requirements for legally responsible family
161161 22 caregivers or family members seeking to participate in the
162162 23 program.
163163 24 (e) To qualify for certification as a certified family
164164 25 health aide, a legally responsible family caregiver or family
165165 26 member must at a minimum:
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176176 1 (1) be at least 18 years of age or older; and
177177 2 (2) have satisfactorily completed
178178 3 participant-specific training and received a sign-off
179179 4 indicating competency in the provision of care from a
180180 5 supervising medical team and participating agency.
181181 6 A certified family health aide may only provide care to
182182 7 the specific family member for whom the certified family
183183 8 health aide is trained to provide care. The certified family
184184 9 health aide may provide private duty nursing services to that
185185 10 family member if the certified family health aide is the only
186186 11 family member present in the home at the time of service
187187 12 delivery. Certified family health aides may not provide
188188 13 services to persons other than family members who are eligible
189189 14 for medical assistance under the Early and Periodic Screening,
190190 15 Diagnostic and Treatment benefit or through any home and
191191 16 community-based services waiver program for medically fragile
192192 17 and technology dependent children. Certified family health
193193 18 aides may not provide services in any health care setting
194194 19 other than a home nursing model.
195195 20 (f) The reimbursement rate for home health agencies, home
196196 21 nursing agencies, and home services agencies that provide
197197 22 certified family health aide services shall be no lower than
198198 23 $40.00 an hour.
199199 24 (g) Beginning 30 days after the effective date of this
200200 25 amendatory Act of the 104th General Assembly and until the
201201 26 Certified Family Health Aide Program is implemented, the
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212212 1 Department shall meet and work with home health agencies, home
213213 2 nursing agencies, and home services agencies on a monthly
214214 3 basis during the development and implementation phase of the
215215 4 program.
216216 5 (h) No later than 3 years after the implementation date of
217217 6 the program, the Department shall prepare and submit a report
218218 7 to the Governor and the General Assembly concerning the
219219 8 viability of the program and the Director's recommendations
220220 9 concerning the program. The Department shall use its data and
221221 10 not that of any home health agency, home nursing agency, or
222222 11 home services agency participating in the program.
223223 12 (i) The Department shall permanently establish a committee
224224 13 and meet together at least quarterly with home health
225225 14 agencies, home nursing agencies, and home services agencies,
226226 15 family health aides and their families, and other members of
227227 16 the public to make comments or ask questions regarding the
228228 17 private duty nursing benefit servicing program participants
229229 18 under the State Plan's Early and Periodic Screening,
230230 19 Diagnostic, and Treatment program or the Medically Fragile,
231231 20 Technology Dependent waiver.
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