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Full Text of HB2369
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HB2369 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2369
Introduced 2/4/2025, 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
HB2369
LRB104 06022 KTG 16055 b
1
AN ACT concerning public aid.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Public Aid Code is amended by
5
adding Section 5-2c as follows:
6
(305 ILCS 5/5-2c new)
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Sec. 5-2c.
Certified Family Health Aide Program.
8
(a) As used in this Section:
9
"Home health agency", "home nursing agency", and "home
10
services agency" have the same meaning ascribed to those terms
11
under the Home Health, Home Services, and Home Nursing Agency
12
Licensing Act.
13
"Legally responsible family caregiver or family member"
14
mean a parent, guardian, or adult sibling, 18 years of age or
15
older, of a household family member who receives or is
16
eligible to receive in-home shift nursing services or in-home
17
respite services under the Early and Periodic Screening,
18
Diagnostic and Treatment benefit authorized under 42 CFR
19
441.50 or through any home and community-based services waiver
20
program for medically fragile and technology dependent
21
children as authorized under Section 1915(c) of the Social
22
Security Act.
23
"Participating agency" means a home health agency, home
HB2369
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LRB104 06022 KTG 16055 b
1
nursing agency, or home services agency that participates in
2
the Certified Family Health Aide Program.
3
"Program" means the Certified Family Health Aide Program.
4
(b) By January 1, 2027, the Department shall establish and
5
administer a Certified Family Health Aide Program that permits
6
a legally responsible family caregiver or family member to
7
receive specific training from a participating licensed home
8
health agency, home nursing agency, or home services agency on
9
the provision of private duty nursing services. A legally
10
responsible family caregiver or family member who successfully
11
completes training and meets all other applicable requirements
12
under State or federal law shall receive certification as a
13
certified family health aide and be eligible to provide
14
private duty nursing services to a qualifying family member
15
under the Early and Periodic Screening, Diagnostic and
16
Treatment benefit or through any home and community-based
17
services waiver program for medically fragile and technology
18
dependent children. No home health agency, home nursing
19
agency, home services agency, or legally responsible family
20
caregiver or family member is required to participate in the
21
program.
22
(c) To obtain certification as a family health aide under
23
the program, a legally responsible family caregiver or family
24
member must complete all training, testing, and other
25
qualification criteria as prescribed by the Department, by
26
rule, or as required under any applicable State or federal
HB2369
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LRB104 06022 KTG 16055 b
1
law. Training provided by a participating agency must follow
2
federal guidelines and standards on home health aide
3
instruction and training as set forth in 42 CFR 484.80. All
4
family health aides must complete training and instruction on
5
the following tasks:
6
(1) patient care transfers;
7
(2) positioning;
8
(3) ambulation;
9
(4) feeding;
10
(5) personal 24 care;
11
(6) catheter care;
12
(7) range of motion;
13
(8) observation and reporting of a patient's vital
14
signs and blood pressure;
15
(9) medication administration;
16
(10) enteral care; and
17
(11) meal and formula preparation.
18
A participating agency must provide an additional 10 hours
19
of hands-on training in the tasks described in paragraphs (1)
20
through (11). All training and instruction provided by a
21
participating agency must be documented by the participating
22
agency. Each of tasks described in paragraphs (1) through (11)
23
shall be within the scope of practice for certified family
24
health aides.
25
(d) Certified family health aides must meet all competency
26
requirements imposed by the participating agency, as well as
HB2369
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applicable State and federal guidelines, before providing
2
private duty nursing services to a family member who is
3
receiving medical assistance under the Early and Periodic
4
Screening, Diagnostic and Treatment benefit or through any
5
home and community-based services waiver program for medically
6
fragile and technology dependent children. A participating
7
agency that employs a legally responsible family caregiver or
8
family member prior to certification shall be required to pay
9
all training costs for the legally responsible family
10
caregiver or family member to become a certified family health
11
aide. No legally responsible family caregiver or family member
12
shall be required to reimburse the participating agency for
13
the training costs associated with certification. A legally
14
responsible family caregiver or family member must meet all
15
applicable State and federal background screening requirements
16
and regulations, including a fingerprint-based criminal
17
history records check, to obtain employment at a participating
18
agency.
19
The Department shall adopt rules to implement the program,
20
including, but not limited to, rules on application and
21
certification requirements for legally responsible family
22
caregivers or family members seeking to participate in the
23
program.
24
(e) To qualify for certification as a certified family
25
health aide, a legally responsible family caregiver or family
26
member must at a minimum:
HB2369
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LRB104 06022 KTG 16055 b
1
(1) be at least 18 years of age or older; and
2
(2) have satisfactorily completed
3
participant-specific training and received a sign-off
4
indicating competency in the provision of care from a
5
supervising medical team and participating agency.
6
A certified family health aide may only provide care to
7
the specific family member for whom the certified family
8
health aide is trained to provide care. The certified family
9
health aide may provide private duty nursing services to that
10
family member if the certified family health aide is the only
11
family member present in the home at the time of service
12
delivery. Certified family health aides may not provide
13
services to persons other than family members who are eligible
14
for medical assistance under the Early and Periodic Screening,
15
Diagnostic and Treatment benefit or through any home and
16
community-based services waiver program for medically fragile
17
and technology dependent children. Certified family health
18
aides may not provide services in any health care setting
19
other than a home nursing model.
20
(f) The reimbursement rate for home health agencies, home
21
nursing agencies, and home services agencies that provide
22
certified family health aide services shall be no lower than
23
$40.00 an hour.
24
(g) Beginning 30 days after the effective date of this
25
amendatory Act of the 104th General Assembly and until the
26
Certified Family Health Aide Program is implemented, the
HB2369
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LRB104 06022 KTG 16055 b
1
Department shall meet and work with home health agencies, home
2
nursing agencies, and home services agencies on a monthly
3
basis during the development and implementation phase of the
4
program.
5
(h) No later than 3 years after the implementation date of
6
the program, the Department shall prepare and submit a report
7
to the Governor and the General Assembly concerning the
8
viability of the program and the Director's recommendations
9
concerning the program. The Department shall use its data and
10
not that of any home health agency, home nursing agency, or
11
home services agency participating in the program.
12
(i) The Department shall permanently establish a committee
13
and meet together at least quarterly with home health
14
agencies, home nursing agencies, and home services agencies,
15
family health aides and their families, and other members of
16
the public to make comments or ask questions regarding the
17
private duty nursing benefit servicing program participants
18
under the State Plan's Early and Periodic Screening,
19
Diagnostic, and Treatment program or the Medically Fragile,
20
Technology Dependent waiver.
21
Section 99.
Effective date.
This Act takes effect upon
22
becoming law.
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