Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2434 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2434 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: New Act210 ILCS 3/35210 ILCS 55/2.11210 ILCS 55/2.13 new210 ILCS 85/17 new225 ILCS 65/50-15 was 225 ILCS 65/5-15305 ILCS 5/5-2.06b new Amends the Nurse Practice Act. Provides that the Act does not prohibit the practice of relevant nursing care by a legally responsible caregiver or a person designated by a legally responsible caregiver who has been certified as a certified family health aide for the specified services. Amends the Illinois Public Aid Code. Establishes requirements for the Department of Healthcare and Family Services to apply for a Home and Community-Based Services State Plan amendment and federal waiver amendment necessary to reimburse a legally responsible caregiver or a person designated by a legally responsible caregiver who has achieved certification as a certified family health aide to perform the specified services. Creates the Certified Family Health Aide Program for Children and Adults Act. Establishes certification requirements for a certified family health aide through the Department of Financial and Professional Regulation. Provides that a certified family health aides must be legally responsible caregiver and 18 years or older, have a relationship with a specified family member, and be certified to perform or assist in performing the specified nursing services. Amends the Home Health, Home Services, Home Nursing Act to include a certified family health aide under a home nursing agency and provides training and recordkeeping requirements for home nursing agencies. Amends the Alternative Health Care Delivery Act and the Hospital Licensing Act to require similar training and recordkeeping requirements in children's community-based health care center and in hospitals managing the care of an individual being discharged under the care of a home nursing agency. LRB104 11251 BAB 21334 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2434 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: New Act210 ILCS 3/35210 ILCS 55/2.11210 ILCS 55/2.13 new210 ILCS 85/17 new225 ILCS 65/50-15 was 225 ILCS 65/5-15305 ILCS 5/5-2.06b new New Act 210 ILCS 3/35 210 ILCS 55/2.11 210 ILCS 55/2.13 new 210 ILCS 85/17 new 225 ILCS 65/50-15 was 225 ILCS 65/5-15 305 ILCS 5/5-2.06b new Amends the Nurse Practice Act. Provides that the Act does not prohibit the practice of relevant nursing care by a legally responsible caregiver or a person designated by a legally responsible caregiver who has been certified as a certified family health aide for the specified services. Amends the Illinois Public Aid Code. Establishes requirements for the Department of Healthcare and Family Services to apply for a Home and Community-Based Services State Plan amendment and federal waiver amendment necessary to reimburse a legally responsible caregiver or a person designated by a legally responsible caregiver who has achieved certification as a certified family health aide to perform the specified services. Creates the Certified Family Health Aide Program for Children and Adults Act. Establishes certification requirements for a certified family health aide through the Department of Financial and Professional Regulation. Provides that a certified family health aides must be legally responsible caregiver and 18 years or older, have a relationship with a specified family member, and be certified to perform or assist in performing the specified nursing services. Amends the Home Health, Home Services, Home Nursing Act to include a certified family health aide under a home nursing agency and provides training and recordkeeping requirements for home nursing agencies. Amends the Alternative Health Care Delivery Act and the Hospital Licensing Act to require similar training and recordkeeping requirements in children's community-based health care center and in hospitals managing the care of an individual being discharged under the care of a home nursing agency. LRB104 11251 BAB 21334 b LRB104 11251 BAB 21334 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2434 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3	3	New Act210 ILCS 3/35210 ILCS 55/2.11210 ILCS 55/2.13 new210 ILCS 85/17 new225 ILCS 65/50-15 was 225 ILCS 65/5-15305 ILCS 5/5-2.06b new New Act 210 ILCS 3/35 210 ILCS 55/2.11 210 ILCS 55/2.13 new 210 ILCS 85/17 new 225 ILCS 65/50-15 was 225 ILCS 65/5-15 305 ILCS 5/5-2.06b new
4	4	New Act
5	5	210 ILCS 3/35
6	6	210 ILCS 55/2.11
7	7	210 ILCS 55/2.13 new
8	8	210 ILCS 85/17 new
9	9	225 ILCS 65/50-15 was 225 ILCS 65/5-15
10	10	305 ILCS 5/5-2.06b new
11	11	Amends the Nurse Practice Act. Provides that the Act does not prohibit the practice of relevant nursing care by a legally responsible caregiver or a person designated by a legally responsible caregiver who has been certified as a certified family health aide for the specified services. Amends the Illinois Public Aid Code. Establishes requirements for the Department of Healthcare and Family Services to apply for a Home and Community-Based Services State Plan amendment and federal waiver amendment necessary to reimburse a legally responsible caregiver or a person designated by a legally responsible caregiver who has achieved certification as a certified family health aide to perform the specified services. Creates the Certified Family Health Aide Program for Children and Adults Act. Establishes certification requirements for a certified family health aide through the Department of Financial and Professional Regulation. Provides that a certified family health aides must be legally responsible caregiver and 18 years or older, have a relationship with a specified family member, and be certified to perform or assist in performing the specified nursing services. Amends the Home Health, Home Services, Home Nursing Act to include a certified family health aide under a home nursing agency and provides training and recordkeeping requirements for home nursing agencies. Amends the Alternative Health Care Delivery Act and the Hospital Licensing Act to require similar training and recordkeeping requirements in children's community-based health care center and in hospitals managing the care of an individual being discharged under the care of a home nursing agency.
12	12	LRB104 11251 BAB 21334 b LRB104 11251 BAB 21334 b
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14	14	A BILL FOR
15	15	SB2434LRB104 11251 BAB 21334 b SB2434 LRB104 11251 BAB 21334 b
16	16	SB2434 LRB104 11251 BAB 21334 b
17	17	1 AN ACT concerning regulation.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 1. Short title. This Act may be cited as the
21	21	5 Certified Family Health Aide Program for Children and Adults
22	22	6 Act.
23	23	7 Section 5. Purpose. The purpose of this Act is to create
24	24	8 the Certified Family Health Aide designation, recognizing the
25	25	9 vital role family members play in caring for children with
26	26	10 complex medical needs. This designation is intended to provide
27	27	11 a mechanism for financial compensation, thereby mitigating the
28	28	12 financial hardship often experienced by families when a
29	29	13 caregiver must reduce or cease employment to provide such
30	30	14 care. This Act further aims to support families in identifying
31	31	15 and securing long-term, consistent in-home care for their
32	32	16 children with complex medical needs, which is crucial for the
33	33	17 well-being and development of those children.
34	34	18 Section 10. Certified family health aide program for
35	35	19 children and adults.
36	36	20 (a) "Certified family health aide" means a person who:
37	37	21 (1) is 18 years of age or older;
38	38	22 (2) has the following relationship with the family
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42	42	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2434 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
43	43	New Act210 ILCS 3/35210 ILCS 55/2.11210 ILCS 55/2.13 new210 ILCS 85/17 new225 ILCS 65/50-15 was 225 ILCS 65/5-15305 ILCS 5/5-2.06b new New Act 210 ILCS 3/35 210 ILCS 55/2.11 210 ILCS 55/2.13 new 210 ILCS 85/17 new 225 ILCS 65/50-15 was 225 ILCS 65/5-15 305 ILCS 5/5-2.06b new
44	44	New Act
45	45	210 ILCS 3/35
46	46	210 ILCS 55/2.11
47	47	210 ILCS 55/2.13 new
48	48	210 ILCS 85/17 new
49	49	225 ILCS 65/50-15 was 225 ILCS 65/5-15
50	50	305 ILCS 5/5-2.06b new
51	51	Amends the Nurse Practice Act. Provides that the Act does not prohibit the practice of relevant nursing care by a legally responsible caregiver or a person designated by a legally responsible caregiver who has been certified as a certified family health aide for the specified services. Amends the Illinois Public Aid Code. Establishes requirements for the Department of Healthcare and Family Services to apply for a Home and Community-Based Services State Plan amendment and federal waiver amendment necessary to reimburse a legally responsible caregiver or a person designated by a legally responsible caregiver who has achieved certification as a certified family health aide to perform the specified services. Creates the Certified Family Health Aide Program for Children and Adults Act. Establishes certification requirements for a certified family health aide through the Department of Financial and Professional Regulation. Provides that a certified family health aides must be legally responsible caregiver and 18 years or older, have a relationship with a specified family member, and be certified to perform or assist in performing the specified nursing services. Amends the Home Health, Home Services, Home Nursing Act to include a certified family health aide under a home nursing agency and provides training and recordkeeping requirements for home nursing agencies. Amends the Alternative Health Care Delivery Act and the Hospital Licensing Act to require similar training and recordkeeping requirements in children's community-based health care center and in hospitals managing the care of an individual being discharged under the care of a home nursing agency.
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53	53	LRB104 11251 BAB 21334 b
54	54	A BILL FOR
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60	60	New Act
61	61	210 ILCS 3/35
62	62	210 ILCS 55/2.11
63	63	210 ILCS 55/2.13 new
64	64	210 ILCS 85/17 new
65	65	225 ILCS 65/50-15 was 225 ILCS 65/5-15
66	66	305 ILCS 5/5-2.06b new
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85	85	1 member receiving or who is eligible to receive the
86	86	2 services enumerated in this Section:
87	87	3 (i) spouse;
88	88	4 (ii) sibling or step-sibling;
89	89	5 (iii) parent, step-parent, or adoptive parent;
90	90	6 (iv) grandparent;
91	91	7 (v) mother-in-law or father-in-law;
92	92	8 (vi) brother-in-law or sister-in-law;
93	93	9 (vii) legal guardian; or
94	94	10 (viii) caregiver designated by the legally
95	95	11 responsible caregiver;
96	96	12 (3) is a legally responsible caregiver, or has been
97	97	13 designated by a legally responsible caregiver, for a
98	98	14 person who receives or is eligible to receive:
99	99	15 (i) in-home shift nursing services under the Early
100	100	16 and Periodic Screening, Diagnostic and Treatment
101	101	17 benefit authorized under 42 CFR 441.50; or
102	102	18 (ii) in-home shift nursing through the home and
103	103	19 community-based services waiver program authorized
104	104	20 under Section 1915(c) of the Social Security Act for
105	105	21 persons who are medically fragile and technology
106	106	22 dependent; and
107	107	23 (4) is certified pursuant to this Section to perform
108	108	24 or to assist in performance of (1) in-home shift nursing
109	109	25 services under the Early and Periodic Screening,
110	110	26 Diagnostic and Treatment benefit authorized under 42 CFR
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121	121	1 441.50; or (2) in-home shift nursing services through the
122	122	2 home and community-based services waiver program
123	123	3 authorized under Section 1915(c) of the Social Security
124	124	4 Act for a designated person or designated persons who are
125	125	5 medically fragile and technology dependent and eligible to
126	126	6 receive the services laid out in this Section, including:
127	127	7 (i) the same tasks as a certified nursing
128	128	8 assistant;
129	129	9 (ii) medication administration;
130	130	10 (iii) tracheostomy care;
131	131	11 (iv) enteral care and therapy; and
132	132	12 (v) other needed services to support the
133	133	13 individual as set forth in Rule.
134	134	14 (b) The Department of Financial and Professional
135	135	15 Regulation, in partnership with the Department of Health and
136	136	16 the Department of Healthcare and Family Services, shall create
137	137	17 a certification pathway for a legally responsible caregiver,
138	138	18 or a person who has been designated by a legally responsible
139	139	19 caregiver, who is seeking certification as a certified family
140	140	20 health aide, including the promulgation of any necessary rules
141	141	21 for the certification process. This certification pathway
142	142	22 shall include documentation, in a manner designated by the
143	143	23 Department of Financial and Professional Regulation, of
144	144	24 initial training provided by hospitals licensed in the
145	145	25 Hospital Licensing Act, children's community-based health care
146	146	26 centers as defined in the Alternative Health Care Delivery
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157	157	1 Act, or home nursing agencies as defined in the Home Health,
158	158	2 Home Services, and Home Nursing Agency Licensing Act.
159	159	3 (c) A certified family health aide may only perform
160	160	4 services to and for a person receiving or eligible to receive:
161	161	5 (1) in-home shift nursing services under the Early and
162	162	6 Periodic Screening, Diagnostic and Treatment benefit
163	163	7 authorized under 42 CFR 441.50; or (2) in-home shift nursing
164	164	8 services through the home and community-based services waiver
165	165	9 program authorized under Section 1915(c) of the Social
166	166	10 Security Act for persons who are medically fragile and
167	167	11 technology dependent. To be eligible for reimbursement as a
168	168	12 certified family health aide, a legally responsible caregiver
169	169	13 or a person designated by a legally responsible caregiver must
170	170	14 meet all certification requirements as set forth in this
171	171	15 Section, in Section 5-206b of the Public Aide Code, and in any
172	172	16 applicable administrative rule.
173	173	17 (d) The Department of Financial and Professional
174	174	18 Regulation may adopt rules necessary to implement the
175	175	19 provisions of this Act, including, but not limited to,
176	176	20 required background checks for the certified family health
177	177	21 aide.
178	178	22 Section 15. The Alternative Health Care Delivery Act is
179	179	23 amended by changing Section 35 as follows:
180	180	24 (210 ILCS 3/35)
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191	191	1 Sec. 35. Alternative health care models authorized.
192	192	2 Notwithstanding any other law to the contrary, alternative
193	193	3 health care models described in this Section may be
194	194	4 established on a demonstration basis.
195	195	5 (1) (Blank).
196	196	6 (2) Alternative health care delivery model;
197	197	7 postsurgical recovery care center. A postsurgical recovery
198	198	8 care center is a designated site which provides
199	199	9 postsurgical recovery care for generally healthy patients
200	200	10 undergoing surgical procedures that potentially require
201	201	11 overnight nursing care, pain control, or observation that
202	202	12 would otherwise be provided in an inpatient setting.
203	203	13 Patients may be discharged from the postsurgical recovery
204	204	14 care center in less than 24 hours if the attending
205	205	15 physician or the facility's medical director believes the
206	206	16 patient has recovered enough to be discharged. A
207	207	17 postsurgical recovery care center is either freestanding
208	208	18 or a defined unit of an ambulatory surgical treatment
209	209	19 center or hospital. No facility, or portion of a facility,
210	210	20 may participate in a demonstration program as a
211	211	21 postsurgical recovery care center unless the facility has
212	212	22 been licensed as an ambulatory surgical treatment center
213	213	23 or hospital for at least 2 years before August 20, 1993
214	214	24 (the effective date of Public Act 88-441). The maximum
215	215	25 length of stay for patients in a postsurgical recovery
216	216	26 care center is not to exceed 48 hours unless the treating
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227	227	1 physician requests an extension of time from the recovery
228	228	2 center's medical director on the basis of medical or
229	229	3 clinical documentation that an additional care period is
230	230	4 required for the recovery of a patient and the medical
231	231	5 director approves the extension of time. In no case,
232	232	6 however, shall a patient's length of stay in a
233	233	7 postsurgical recovery care center be longer than 72 hours.
234	234	8 If a patient requires an additional care period after the
235	235	9 expiration of the 72-hour limit, the patient shall be
236	236	10 transferred to an appropriate facility. Reports on
237	237	11 variances from the 24-hour or 48-hour limit shall be sent
238	238	12 to the Department for its evaluation. The reports shall,
239	239	13 before submission to the Department, have removed from
240	240	14 them all patient and physician identifiers. Blood products
241	241	15 may be administered in the postsurgical recovery care
242	242	16 center model. In order to handle cases of complications,
243	243	17 emergencies, or exigent circumstances, every postsurgical
244	244	18 recovery care center as defined in this paragraph shall
245	245	19 maintain a contractual relationship, including a transfer
246	246	20 agreement, with a general acute care hospital. A
247	247	21 postsurgical recovery care center shall be no larger than
248	248	22 20 beds. A postsurgical recovery care center shall be
249	249	23 located within 15 minutes travel time from the general
250	250	24 acute care hospital with which the center maintains a
251	251	25 contractual relationship, including a transfer agreement,
252	252	26 as required under this paragraph.
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263	263	1 No postsurgical recovery care center shall
264	264	2 discriminate against any patient requiring treatment
265	265	3 because of the source of payment for services, including
266	266	4 Medicare and Medicaid recipients.
267	267	5 The Department shall adopt rules to implement the
268	268	6 provisions of Public Act 88-441 concerning postsurgical
269	269	7 recovery care centers within 9 months after August 20,
270	270	8 1993. Notwithstanding any other law to the contrary, a
271	271	9 postsurgical recovery care center model may provide sleep
272	272	10 laboratory or similar sleep studies in accordance with
273	273	11 applicable State and federal laws and regulations.
274	274	12 (3) Alternative health care delivery model; children's
275	275	13 community-based health care center. A children's
276	276	14 community-based health care center model is a designated
277	277	15 site that provides nursing care, clinical support
278	278	16 services, and therapies for a period of one to 14 days for
279	279	17 short-term stays and 120 days to facilitate transitions to
280	280	18 home or other appropriate settings for medically fragile
281	281	19 children, technology dependent children, and children with
282	282	20 special health care needs who are deemed clinically stable
283	283	21 by a physician and are younger than 22 years of age. This
284	284	22 care is to be provided in a home-like environment that
285	285	23 serves no more than 12 children at a time, except that a
286	286	24 children's community-based health care center in existence
287	287	25 on the effective date of this amendatory Act of the 100th
288	288	26 General Assembly that is located in Chicago on grade level
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299	299	1 for Life Safety Code purposes may provide care to no more
300	300	2 than 16 children at a time. Children's community-based
301	301	3 health care center services must be available through the
302	302	4 model to all families, including those whose care is paid
303	303	5 for through the Department of Healthcare and Family
304	304	6 Services, the Department of Children and Family Services,
305	305	7 the Department of Human Services, and insurance companies
306	306	8 who cover home health care services or private duty
307	307	9 nursing care in the home.
308	308	10 Each children's community-based health care center
309	309	11 model location shall be physically separate and apart from
310	310	12 any other facility licensed by the Department of Public
311	311	13 Health under this or any other Act and shall provide the
312	312	14 following services: respite care, registered nursing or
313	313	15 licensed practical nursing care, transitional care to
314	314	16 facilitate home placement or other appropriate settings
315	315	17 and reunite families, medical day care, weekend camps, and
316	316	18 diagnostic studies typically done in the home setting.
317	317	19 A children's community-based health care center shall
318	318	20 provide initial training, prior to home placement for, and
319	319	21 shall keep records in a manner designated by the
320	320	22 Department regarding, the certified family health aide, as
321	321	23 defined in the Certified Family Health Aide Program for
322	322	24 Children and Adults Act, identified as the legally
323	323	25 responsible caregiver or designated by a legally
324	324	26 responsible caregiver for the medical care of an
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335	335	1 individual who receives or is eligible to receive:
336	336	2 (i) in-home shift nursing services under the Early
337	337	3 and Periodic Screening, Diagnostic and Treatment
338	338	4 benefit authorized under 42 CFR 441.50; or
339	339	5 (ii) in-home shift nursing through the home and
340	340	6 community-based services waiver program authorized
341	341	7 under Section 1915(c) of the Social Security Act for
342	342	8 persons who are medically fragile and technology
343	343	9 dependent.
344	344	10 Coverage for the services provided by the Department
345	345	11 of Healthcare and Family Services under this paragraph (3)
346	346	12 is contingent upon federal waiver approval and is provided
347	347	13 only to Medicaid eligible clients participating in the
348	348	14 home and community based services waiver designated in
349	349	15 Section 1915(c) of the Social Security Act for medically
350	350	16 frail and technologically dependent children or children
351	351	17 in Department of Children and Family Services foster care
352	352	18 who receive home health benefits.
353	353	19 (4) Alternative health care delivery model; community
354	354	20 based residential rehabilitation center. A community-based
355	355	21 residential rehabilitation center model is a designated
356	356	22 site that provides rehabilitation or support, or both, for
357	357	23 persons who have experienced severe brain injury, who are
358	358	24 medically stable, and who no longer require acute
359	359	25 rehabilitative care or intense medical or nursing
360	360	26 services. The average length of stay in a community-based
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371	371	1 residential rehabilitation center shall not exceed 4
372	372	2 months. As an integral part of the services provided,
373	373	3 individuals are housed in a supervised living setting
374	374	4 while having immediate access to the community. The
375	375	5 residential rehabilitation center authorized by the
376	376	6 Department may have more than one residence included under
377	377	7 the license. A residence may be no larger than 12 beds and
378	378	8 shall be located as an integral part of the community. Day
379	379	9 treatment or individualized outpatient services shall be
380	380	10 provided for persons who reside in their own home.
381	381	11 Functional outcome goals shall be established for each
382	382	12 individual. Services shall include, but are not limited
383	383	13 to, case management, training and assistance with
384	384	14 activities of daily living, nursing consultation,
385	385	15 traditional therapies (physical, occupational, speech),
386	386	16 functional interventions in the residence and community
387	387	17 (job placement, shopping, banking, recreation),
388	388	18 counseling, self-management strategies, productive
389	389	19 activities, and multiple opportunities for skill
390	390	20 acquisition and practice throughout the day. The design of
391	391	21 individualized program plans shall be consistent with the
392	392	22 outcome goals that are established for each resident. The
393	393	23 programs provided in this setting shall be accredited by
394	394	24 the Commission on Accreditation of Rehabilitation
395	395	25 Facilities (CARF). The program shall have been accredited
396	396	26 by CARF as a Brain Injury Community-Integrative Program
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407	407	1 for at least 3 years.
408	408	2 (5) Alternative health care delivery model;
409	409	3 Alzheimer's disease management center. An Alzheimer's
410	410	4 disease management center model is a designated site that
411	411	5 provides a safe and secure setting for care of persons
412	412	6 diagnosed with Alzheimer's disease. An Alzheimer's disease
413	413	7 management center model shall be a facility separate from
414	414	8 any other facility licensed by the Department of Public
415	415	9 Health under this or any other Act. An Alzheimer's disease
416	416	10 management center shall conduct and document an assessment
417	417	11 of each resident every 6 months. The assessment shall
418	418	12 include an evaluation of daily functioning, cognitive
419	419	13 status, other medical conditions, and behavioral problems.
420	420	14 An Alzheimer's disease management center shall develop and
421	421	15 implement an ongoing treatment plan for each resident. The
422	422	16 treatment plan shall have defined goals. The Alzheimer's
423	423	17 disease management center shall treat behavioral problems
424	424	18 and mood disorders using nonpharmacologic approaches such
425	425	19 as environmental modification, task simplification, and
426	426	20 other appropriate activities. All staff must have
427	427	21 necessary training to care for all stages of Alzheimer's
428	428	22 Disease. An Alzheimer's disease management center shall
429	429	23 provide education and support for residents and
430	430	24 caregivers. The education and support shall include
431	431	25 referrals to support organizations for educational
432	432	26 materials on community resources, support groups, legal
433	433
434	434
435	435
436	436
437	437
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439	439
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443	443	1 and financial issues, respite care, and future care needs
444	444	2 and options. The education and support shall also include
445	445	3 a discussion of the resident's need to make advance
446	446	4 directives and to identify surrogates for medical and
447	447	5 legal decision-making. The provisions of this paragraph
448	448	6 establish the minimum level of services that must be
449	449	7 provided by an Alzheimer's disease management center. An
450	450	8 Alzheimer's disease management center model shall have no
451	451	9 more than 100 residents. Nothing in this paragraph (5)
452	452	10 shall be construed as prohibiting a person or facility
453	453	11 from providing services and care to persons with
454	454	12 Alzheimer's disease as otherwise authorized under State
455	455	13 law.
456	456	14 (6) Alternative health care delivery model; birth
457	457	15 center. A birth center shall be exclusively dedicated to
458	458	16 serving the childbirth-related needs of women and their
459	459	17 newborns and shall have no more than 10 beds. A birth
460	460	18 center is a designated site that is away from the mother's
461	461	19 usual place of residence and in which births are planned
462	462	20 to occur following a normal, uncomplicated, and low-risk
463	463	21 pregnancy. A birth center shall offer prenatal care and
464	464	22 community education services and shall coordinate these
465	465	23 services with other health care services available in the
466	466	24 community.
467	467	25 (A) A birth center shall not be separately
468	468	26 licensed if it is one of the following:
469	469
470	470
471	471
472	472
473	473
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475	475
476	476
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478	478	SB2434 - 13 - LRB104 11251 BAB 21334 b
479	479	1 (1) A part of a hospital; or
480	480	2 (2) A freestanding facility that is physically
481	481	3 distinct from a hospital but is operated under a
482	482	4 license issued to a hospital under the Hospital
483	483	5 Licensing Act.
484	484	6 (B) A separate birth center license shall be
485	485	7 required if the birth center is operated as:
486	486	8 (1) A part of the operation of a federally
487	487	9 qualified health center as designated by the
488	488	10 United States Department of Health and Human
489	489	11 Services; or
490	490	12 (2) A facility other than one described in
491	491	13 subparagraph (A)(1), (A)(2), or (B)(1) of this
492	492	14 paragraph (6) whose costs are reimbursable under
493	493	15 Title XIX of the federal Social Security Act.
494	494	16 In adopting rules for birth centers, the Department
495	495	17 shall consider: the American Association of Birth Centers'
496	496	18 Standards for Freestanding Birth Centers; the American
497	497	19 Academy of Pediatrics/American College of Obstetricians
498	498	20 and Gynecologists Guidelines for Perinatal Care; and the
499	499	21 Regionalized Perinatal Health Care Code. The Department's
500	500	22 rules shall stipulate the eligibility criteria for birth
501	501	23 center admission. The Department's rules shall stipulate
502	502	24 the necessary equipment for emergency care according to
503	503	25 the American Association of Birth Centers' standards and
504	504	26 any additional equipment deemed necessary by the
505	505
506	506
507	507
508	508
509	509
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511	511
512	512
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514	514	SB2434 - 14 - LRB104 11251 BAB 21334 b
515	515	1 Department. The Department's rules shall provide for a
516	516	2 time period within which each birth center not part of a
517	517	3 hospital must become accredited by either the Commission
518	518	4 for the Accreditation of Freestanding Birth Centers or The
519	519	5 Joint Commission.
520	520	6 A birth center shall be certified to participate in
521	521	7 the Medicare and Medicaid programs under Titles XVIII and
522	522	8 XIX, respectively, of the federal Social Security Act. To
523	523	9 the extent necessary, the Illinois Department of
524	524	10 Healthcare and Family Services shall apply for a waiver
525	525	11 from the United States Health Care Financing
526	526	12 Administration to allow birth centers to be reimbursed
527	527	13 under Title XIX of the federal Social Security Act.
528	528	14 A birth center that is not operated under a hospital
529	529	15 license shall be located within a ground travel time
530	530	16 distance from the general acute care hospital with which
531	531	17 the birth center maintains a contractual relationship,
532	532	18 including a transfer agreement, as required under this
533	533	19 paragraph, that allows for an emergency caesarian delivery
534	534	20 to be started within 30 minutes of the decision a
535	535	21 caesarian delivery is necessary. A birth center operating
536	536	22 under a hospital license shall be located within a ground
537	537	23 travel time distance from the licensed hospital that
538	538	24 allows for an emergency caesarian delivery to be started
539	539	25 within 30 minutes of the decision a caesarian delivery is
540	540	26 necessary.
541	541
542	542
543	543
544	544
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551	551	1 The services of a medical director physician, licensed
552	552	2 to practice medicine in all its branches, who is certified
553	553	3 or eligible for certification by the American College of
554	554	4 Obstetricians and Gynecologists or the American Board of
555	555	5 Osteopathic Obstetricians and Gynecologists or has
556	556	6 hospital obstetrical privileges are required in birth
557	557	7 centers. The medical director in consultation with the
558	558	8 Director of Nursing and Midwifery Services shall
559	559	9 coordinate the clinical staff and overall provision of
560	560	10 patient care. The medical director or his or her physician
561	561	11 designee shall be available on the premises or within a
562	562	12 close proximity as defined by rule. The medical director
563	563	13 and the Director of Nursing and Midwifery Services shall
564	564	14 jointly develop and approve policies defining the criteria
565	565	15 to determine which pregnancies are accepted as normal,
566	566	16 uncomplicated, and low-risk, and the anesthesia services
567	567	17 available at the center. No general anesthesia may be
568	568	18 administered at the center.
569	569	19 If a birth center employs certified nurse midwives, a
570	570	20 certified nurse midwife shall be the Director of Nursing
571	571	21 and Midwifery Services who is responsible for the
572	572	22 development of policies and procedures for services as
573	573	23 provided by Department rules.
574	574	24 An obstetrician, family practitioner, or certified
575	575	25 nurse midwife shall attend each woman in labor from the
576	576	26 time of admission through birth and throughout the
577	577
578	578
579	579
580	580
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584	584
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586	586	SB2434 - 16 - LRB104 11251 BAB 21334 b
587	587	1 immediate postpartum period. Attendance may be delegated
588	588	2 only to another physician or certified nurse midwife.
589	589	3 Additionally, a second staff person shall also be present
590	590	4 at each birth who is licensed or certified in Illinois in a
591	591	5 health-related field and under the supervision of the
592	592	6 physician or certified nurse midwife in attendance, has
593	593	7 specialized training in labor and delivery techniques and
594	594	8 care of newborns, and receives planned and ongoing
595	595	9 training as needed to perform assigned duties effectively.
596	596	10 The maximum length of stay in a birth center shall be
597	597	11 consistent with existing State laws allowing a 48-hour
598	598	12 stay or appropriate post-delivery care, if discharged
599	599	13 earlier than 48 hours.
600	600	14 A birth center shall participate in the Illinois
601	601	15 Perinatal System under the Developmental Disability
602	602	16 Prevention Act. At a minimum, this participation shall
603	603	17 require a birth center to establish a letter of agreement
604	604	18 with a hospital designated under the Perinatal System. A
605	605	19 hospital that operates or has a letter of agreement with a
606	606	20 birth center shall include the birth center under its
607	607	21 maternity service plan under the Hospital Licensing Act
608	608	22 and shall include the birth center in the hospital's
609	609	23 letter of agreement with its regional perinatal center.
610	610	24 A birth center may not discriminate against any
611	611	25 patient requiring treatment because of the source of
612	612	26 payment for services, including Medicare and Medicaid
613	613
614	614
615	615
616	616
617	617
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619	619
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622	622	SB2434 - 17 - LRB104 11251 BAB 21334 b
623	623	1 recipients.
624	624	2 No general anesthesia and no surgery may be performed
625	625	3 at a birth center. The Department may by rule add birth
626	626	4 center patient eligibility criteria or standards as it
627	627	5 deems necessary. The Department shall by rule require each
628	628	6 birth center to report the information which the
629	629	7 Department shall make publicly available, which shall
630	630	8 include, but is not limited to, the following:
631	631	9 (i) Birth center ownership.
632	632	10 (ii) Sources of payment for services.
633	633	11 (iii) Utilization data involving patient length of
634	634	12 stay.
635	635	13 (iv) Admissions and discharges.
636	636	14 (v) Complications.
637	637	15 (vi) Transfers.
638	638	16 (vii) Unusual incidents.
639	639	17 (viii) Deaths.
640	640	18 (ix) Any other publicly reported data required
641	641	19 under the Illinois Consumer Guide.
642	642	20 (x) Post-discharge patient status data where
643	643	21 patients are followed for 14 days after discharge from
644	644	22 the birth center to determine whether the mother or
645	645	23 baby developed a complication or infection.
646	646	24 Within 9 months after the effective date of this
647	647	25 amendatory Act of the 95th General Assembly, the
648	648	26 Department shall adopt rules that are developed with
649	649
650	650
651	651
652	652
653	653
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655	655
656	656
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658	658	SB2434 - 18 - LRB104 11251 BAB 21334 b
659	659	1 consideration of: the American Association of Birth
660	660	2 Centers' Standards for Freestanding Birth Centers; the
661	661	3 American Academy of Pediatrics/American College of
662	662	4 Obstetricians and Gynecologists Guidelines for Perinatal
663	663	5 Care; and the Regionalized Perinatal Health Care Code.
664	664	6 The Department shall adopt other rules as necessary to
665	665	7 implement the provisions of this amendatory Act of the
666	666	8 95th General Assembly within 9 months after the effective
667	667	9 date of this amendatory Act of the 95th General Assembly.
668	668	10 (Source: P.A. 100-518, eff. 12-8-17 (see Section 5 of P.A.
669	669	11 100-558 for the effective date of changes made by P.A.
670	670	12 100-518).)
671	671	13 Section 20. The Home Health, Home Services, and Home
672	672	14 Nursing Agency Licensing Act is amended by changing Section
673	673	15 2.11 and by adding Section 2.13 as follows:
674	674	16 (210 ILCS 55/2.11)
675	675	17 Sec. 2.11. "Home nursing agency" means an agency that
676	676	18 provides services directly, or acts as a placement agency, in
677	677	19 order to deliver skilled nursing and home health aide services
678	678	20 to persons in their personal residences or a certified family
679	679	21 health aide as defined by the Certified Family Health Aide
680	680	22 Program for Children and Adults Act, for individuals receiving
681	681	23 or eligible to receive the following services: (1) in-home
682	682	24 shift nursing services under the Early and Periodic Screening,
683	683
684	684
685	685
686	686
687	687
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689	689
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692	692	SB2434 - 19 - LRB104 11251 BAB 21334 b
693	693	1 Diagnostic and Treatment benefit authorized under 42 CFR
694	694	2 441.50; or (2) in-home shift nursing services through the home
695	695	3 and community-based services waiver program authorized under
696	696	4 Section 1915(c) of the Social Security Act for persons who are
697	697	5 medically fragile and technology dependent. A home nursing
698	698	6 agency provides services that would require a licensed nurse
699	699	7 to perform. Home health aide services are provided under the
700	700	8 direction of a registered professional nurse or advanced
701	701	9 practice registered nurse. A home nursing agency does not
702	702	10 require licensure as a home health agency under this Act.
703	703	11 "Home nursing agency" does not include an individually
704	704	12 licensed nurse acting as a private contractor or a person that
705	705	13 provides or procures temporary employment in health care
706	706	14 facilities, as defined in the Nurse Agency Licensing Act.
707	707	15 (Source: P.A. 100-513, eff. 1-1-18.)
708	708	16 (210 ILCS 55/2.13 new)
709	709	17 Sec. 2.13. Certified family health aide. A home nursing
710	710	18 agency shall provide initial and ongoing training for, and
711	711	19 shall keep records in a manner designated by the Department
712	712	20 regarding, the certified family health aide, as defined in the
713	713	21 Certified Family Health Aide Program for Children and Adults
714	714	22 Act, identified as the legally responsible caregiver or
715	715	23 designated by the legally responsible caregiver for an
716	716	24 individual who receives or is eligible to receive:
717	717	25 (1) in-home shift nursing services under the Early and
718	718
719	719
720	720
721	721
722	722
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724	724
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728	728	1 Periodic Screening, Diagnostic and Treatment benefit
729	729	2 authorized under 42 CFR 441.50; or
730	730	3 (2) in-home shift nursing through the home and
731	731	4 community-based services waiver program authorized under
732	732	5 Section 1915(c) of the Social Security Act for persons who
733	733	6 are medically fragile and technology dependent.
734	734	7 Section 25. The Hospital Licensing Act is amended by
735	735	8 adding Section 17 as follows:
736	736	9 (210 ILCS 85/17 new)
737	737	10 Sec. 17. Certified family health aide. Hospitals managing
738	738	11 the care of an individual to be discharged under the care of a
739	739	12 home nursing agency shall provide initial training, and shall
740	740	13 document in a manner designated by the Department, for the
741	741	14 certified family health aide, as defined in the Certified
742	742	15 Family Health Aide Program for Children and Adults Act,
743	743	16 identified as the legally responsible caregiver or designated
744	744	17 by a legally responsible caregiver for an individual who
745	745	18 receives or is eligible to receive in-home shift nursing
746	746	19 services under the Early and Periodic Screening, Diagnostic
747	747	20 and Treatment benefit authorized under 42 CFR 441.50 or in
748	748	21 home shift nursing through the home and community-based
749	749	22 services waiver program authorized under Section 1915(c) of
750	750	23 the Social Security Act for persons who are medically fragile
751	751	24 and technology dependent.
752	752
753	753
754	754
755	755
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761	761	SB2434 - 21 - LRB104 11251 BAB 21334 b
762	762	1 Section 30. The Nurse Practice Act is amended by changing
763	763	2 Section 50-15 as follows:
764	764	3 (225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
765	765	4 (Section scheduled to be repealed on January 1, 2028)
766	766	5 Sec. 50-15. Policy; application of Act.
767	767	6 (a) For the protection of life and the promotion of
768	768	7 health, and the prevention of illness and communicable
769	769	8 diseases, any person practicing or offering to practice
770	770	9 advanced, professional, or practical nursing in Illinois shall
771	771	10 submit evidence that he or she is qualified to practice, and
772	772	11 shall be licensed as provided under this Act. No person shall
773	773	12 practice or offer to practice advanced, professional, or
774	774	13 practical nursing in Illinois or use any title, sign, card or
775	775	14 device to indicate that such a person is practicing
776	776	15 professional or practical nursing unless such person has been
777	777	16 licensed under the provisions of this Act.
778	778	17 (b) This Act does not prohibit the following:
779	779	18 (1) The practice of nursing in Federal employment in
780	780	19 the discharge of the employee's duties by a person who is
781	781	20 employed by the United States government or any bureau,
782	782	21 division or agency thereof and is a legally qualified and
783	783	22 licensed nurse of another state or territory and not in
784	784	23 conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
785	785	24 this Act.
786	786
787	787
788	788
789	789
790	790
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792	792
793	793
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795	795	SB2434 - 22 - LRB104 11251 BAB 21334 b
796	796	1 (2) Nursing that is included in the program of study
797	797	2 by students enrolled in programs of nursing or in current
798	798	3 nurse practice update courses approved by the Department.
799	799	4 (3) The furnishing of nursing assistance in an
800	800	5 emergency.
801	801	6 (4) The practice of nursing by a nurse who holds an
802	802	7 active license in another state when providing services to
803	803	8 patients in Illinois during a bonafide emergency or in
804	804	9 immediate preparation for or during interstate transit.
805	805	10 (5) The incidental care of the sick by members of the
806	806	11 family, domestic servants or housekeepers, or care of the
807	807	12 sick where treatment is by prayer or spiritual means.
808	808	13 (6) Persons from being employed as unlicensed
809	809	14 assistive personnel in private homes, long term care
810	810	15 facilities, nurseries, hospitals or other institutions.
811	811	16 (7) The practice of practical nursing by one who is a
812	812	17 licensed practical nurse under the laws of another U.S.
813	813	18 jurisdiction and has applied in writing to the Department,
814	814	19 in form and substance satisfactory to the Department, for
815	815	20 a license as a licensed practical nurse and who is
816	816	21 qualified to receive such license under this Act, until
817	817	22 (i) the expiration of 6 months after the filing of such
818	818	23 written application, (ii) the withdrawal of such
819	819	24 application, or (iii) the denial of such application by
820	820	25 the Department.
821	821	26 (8) The practice of advanced practice registered
822	822
823	823
824	824
825	825
826	826
827	827	SB2434 - 22 - LRB104 11251 BAB 21334 b
828	828
829	829
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831	831	SB2434 - 23 - LRB104 11251 BAB 21334 b
832	832	1 nursing by one who is an advanced practice registered
833	833	2 nurse under the laws of another United States jurisdiction
834	834	3 or a foreign jurisdiction and has applied in writing to
835	835	4 the Department, in form and substance satisfactory to the
836	836	5 Department, for a license as an advanced practice
837	837	6 registered nurse and who is qualified to receive such
838	838	7 license under this Act, until (i) the expiration of 6
839	839	8 months after the filing of such written application, (ii)
840	840	9 the withdrawal of such application, or (iii) the denial of
841	841	10 such application by the Department.
842	842	11 (9) The practice of professional nursing by one who is
843	843	12 a registered professional nurse under the laws of another
844	844	13 United States jurisdiction or a foreign jurisdiction and
845	845	14 has applied in writing to the Department, in form and
846	846	15 substance satisfactory to the Department, for a license as
847	847	16 a registered professional nurse and who is qualified to
848	848	17 receive such license under Section 55-10, until (1) the
849	849	18 expiration of 6 months after the filing of such written
850	850	19 application, (2) the withdrawal of such application, or
851	851	20 (3) the denial of such application by the Department.
852	852	21 (10) The practice of professional nursing that is
853	853	22 included in a program of study by one who is a registered
854	854	23 professional nurse under the laws of another United States
855	855	24 jurisdiction or a foreign jurisdiction and who is enrolled
856	856	25 in a graduate nursing education program or a program for
857	857	26 the completion of a baccalaureate nursing degree in this
858	858
859	859
860	860
861	861
862	862
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864	864
865	865
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867	867	SB2434 - 24 - LRB104 11251 BAB 21334 b
868	868	1 State, which includes clinical supervision by faculty as
869	869	2 determined by the educational institution offering the
870	870	3 program and the health care organization where the
871	871	4 practice of nursing occurs.
872	872	5 (11) Any person licensed in this State under any other
873	873	6 Act from engaging in the practice for which she or he is
874	874	7 licensed.
875	875	8 (12) Delegation to authorized direct care staff
876	876	9 trained under Section 15.4 of the Mental Health and
877	877	10 Developmental Disabilities Administrative Act consistent
878	878	11 with the policies of the Department.
879	879	12 (13) (Blank).
880	880	13 (14) County correctional personnel from delivering
881	881	14 prepackaged medication for self-administration to an
882	882	15 individual detainee in a correctional facility.
883	883	16 (15) The practice of relevant nursing care by a
884	884	17 legally responsible caregiver or a person designated by a
885	885	18 legally responsible caregiver who has been certified as a
886	886	19 certified family health aide, as defined by 210 ILCS 57,
887	887	20 to perform for a person who receives or is eligible to
888	888	21 receive the following services: (i) in-home shift nursing
889	889	22 services under the Early and Periodic Screening,
890	890	23 Diagnostic and Treatment benefit authorized under 42 CFR
891	891	24 441.50; or (ii) in-home shift nursing services through the
892	892	25 home and community-based services waiver program
893	893	26 authorized under Section 1915(c) of the Social Security
894	894
895	895
896	896
897	897
898	898
899	899	SB2434 - 24 - LRB104 11251 BAB 21334 b
900	900
901	901
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904	904	1 Act for persons who are medically fragile and technology
905	905	2 dependent.
906	906	3 Nothing in this Act shall be construed to limit the
907	907	4 delegation of tasks or duties by a physician, dentist, or
908	908	5 podiatric physician to a licensed practical nurse, a
909	909	6 registered professional nurse, or other persons.
910	910	7 (Source: P.A. 100-513, eff. 1-1-18.)
911	911	8 Section 35. The Illinois Public Aid Code is amended by
912	912	9 adding Section 5-2.06b as follows:
913	913	10 (305 ILCS 5/5-2.06b new)
914	914	11 Sec. 5-2.06b. Certified family health aide program for
915	915	12 children and adults. By January 1, 2026, The Department of
916	916	13 Healthcare and Family Services shall apply for a Home and
917	917	14 Community-Based Services State Plan amendment and federal
918	918	15 waiver amendment necessary to reimburse a legally responsible
919	919	16 caregiver or a person designated by a legally responsible
920	920	17 caregiver, as defined in the Certified Family Health Aide
921	921	18 Program for Children and Adults Act, who has achieved
922	922	19 certification as a certified family health aide to perform (1)
923	923	20 in-home shift nursing services under the Early and Periodic
924	924	21 Screening, Diagnostic and Treatment benefit authorized under
925	925	22 42 CFR 441.50; or (2) in-home shift nursing services through
926	926	23 the home and community-based services waiver program
927	927	24 authorized under Section 1915(c) of the Social Security Act
928	928
929	929
930	930
931	931
932	932
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934	934
935	935
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938	938
939	939
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941	941
942	942
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