CERTIFIED FAMILY HEALTH AIDE

Illinois General Assembly - Full Text of HB3475

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3475

Introduced 2/18/2025, by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

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 11129 BAB 21211 b

A BILL FOR

HB3475
LRB104 11129 BAB 21211 b
1

AN ACT concerning regulation.

2

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

4

Section 1.
Short title.
This Act may be cited as the
5
Certified Family Health Aide Program for Children and Adults
6
Act.

7

Section 5.
Purpose.
The purpose of this Act is to create
8
the Certified Family Health Aide designation, recognizing the
9
vital role family members play in caring for children with
10
complex medical needs. This designation is intended to provide
11
a mechanism for financial compensation, thereby mitigating the
12
financial hardship often experienced by families when a
13
caregiver must reduce or cease employment to provide such
14
care. This Act further aims to support families in identifying
15
and securing long-term, consistent in-home care for their
16
children with complex medical needs, which is crucial for the
17
well-being and development of those children.

18

Section 10.
Certified family health aide program for
19
children and adults.
20

(a) "Certified family health aide" means a person who:
21

(1) is 18 years of age or older;
22

(2) has the following relationship with the family

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LRB104 11129 BAB 21211 b
1

member receiving or who is eligible to receive the
2

services enumerated in this Section:
3

(i) spouse;
4

(ii) sibling or step-sibling;
5

(iii) parent, step-parent, or adoptive parent;
6

(iv) grandparent;
7

(v) mother-in-law or father-in-law;
8

(vi) brother-in-law or sister-in-law;
9

(vii) legal guardian; or
10

(viii) caregiver designated by the legally
11

responsible caregiver;
12

(3) is a legally responsible caregiver, or has been
13

designated by a legally responsible caregiver, for a
14

person who receives or is eligible to receive:
15

(i) in-home shift nursing services under the Early
16

and Periodic Screening, Diagnostic and Treatment
17

benefit authorized under 42 CFR 441.50; or
18

(ii) in-home shift nursing through the home and
19

community-based services waiver program authorized
20

under Section 1915(c) of the Social Security Act for
21

persons who are medically fragile and technology
22

dependent; and
23

(4) is certified pursuant to this Section to perform
24

or to assist in performance of (1) in-home shift nursing
25

services under the Early and Periodic Screening,
26

Diagnostic and Treatment benefit authorized under 42 CFR

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LRB104 11129 BAB 21211 b
1

441.50; or (2) in-home shift nursing services through the
2

home and community-based services waiver program
3

authorized under Section 1915(c) of the Social Security
4

Act for a designated person or designated persons who are
5

medically fragile and technology dependent and eligible to
6

receive the services laid out in this Section, including:
7

(i) the same tasks as a certified nursing
8

assistant;
9

(ii) medication administration;
10

(iii) tracheostomy care;
11

(iv) enteral care and therapy; and
12

(v) other needed services to support the
13

individual as set forth in Rule.
14

(b) The Department of Financial and Professional
15
Regulation, in partnership with the Department of Health and
16
the Department of Healthcare and Family Services, shall create
17
a certification pathway for a legally responsible caregiver,
18
or a person who has been designated by a legally responsible
19
caregiver, who is seeking certification as a certified family
20
health aide, including the promulgation of any necessary rules
21
for the certification process. This certification pathway
22
shall include documentation, in a manner designated by the
23
Department of Financial and Professional Regulation, of
24
initial training provided by hospitals licensed in the
25
Hospital Licensing Act, children's community-based health care
26
centers as defined in the Alternative Health Care Delivery

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LRB104 11129 BAB 21211 b
1
Act, or home nursing agencies as defined in the Home Health,
2
Home Services, and Home Nursing Agency Licensing Act.
3

(c) A certified family health aide may only perform
4
services to and for a person receiving or eligible to receive:
5
(1) in-home shift nursing services under the Early and
6
Periodic Screening, Diagnostic and Treatment benefit
7
authorized under 42 CFR 441.50; or (2) in-home shift nursing
8
services through the home and community-based services waiver
9
program authorized under Section 1915(c) of the Social
10
Security Act for persons who are medically fragile and
11
technology dependent. To be eligible for reimbursement as a
12
certified family health aide, a legally responsible caregiver
13
or a person designated by a legally responsible caregiver must
14
meet all certification requirements as set forth in this
15
Section, in Section 5-206b of the Public Aide Code, and in any
16
applicable administrative rule.
17

(d) The Department of Financial and Professional
18
Regulation may adopt rules necessary to implement the
19
provisions of this Act, including, but not limited to,
20
required background checks for the certified family health
21
aide.

22

Section 15.
The Alternative Health Care Delivery Act is
23
amended by changing Section 35 as follows:

24

(210 ILCS 3/35)

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LRB104 11129 BAB 21211 b
1

Sec. 35.
Alternative health care models authorized.
2
Notwithstanding any other law to the contrary, alternative
3
health care models described in this Section may be
4
established on a demonstration basis.
5

(1) (Blank).
6

(2) Alternative health care delivery model;
7

postsurgical recovery care center. A postsurgical recovery
8

care center is a designated site which provides
9

postsurgical recovery care for generally healthy patients
10

undergoing surgical procedures that potentially require
11

overnight nursing care, pain control, or observation that
12

would otherwise be provided in an inpatient setting.
13

Patients may be discharged from the postsurgical recovery
14

care center in less than 24 hours if the attending
15

physician or the facility's medical director believes the
16

patient has recovered enough to be discharged. A
17

postsurgical recovery care center is either freestanding
18

or a defined unit of an ambulatory surgical treatment
19

center or hospital. No facility, or portion of a facility,
20

may participate in a demonstration program as a
21

postsurgical recovery care center unless the facility has
22

been licensed as an ambulatory surgical treatment center
23

or hospital for at least 2 years before August 20, 1993
24

(the effective date of Public Act 88-441). The maximum
25

length of stay for patients in a postsurgical recovery
26

care center is not to exceed 48 hours unless the treating

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LRB104 11129 BAB 21211 b
1

physician requests an extension of time from the recovery
2

center's medical director on the basis of medical or
3

clinical documentation that an additional care period is
4

required for the recovery of a patient and the medical
5

director approves the extension of time. In no case,
6

however, shall a patient's length of stay in a
7

postsurgical recovery care center be longer than 72 hours.
8

If a patient requires an additional care period after the
9

expiration of the 72-hour limit, the patient shall be
10

transferred to an appropriate facility. Reports on
11

variances from the 24-hour or 48-hour limit shall be sent
12

to the Department for its evaluation. The reports shall,
13

before submission to the Department, have removed from
14

them all patient and physician identifiers. Blood products
15

may be administered in the postsurgical recovery care
16

center model. In order to handle cases of complications,
17

emergencies, or exigent circumstances, every postsurgical
18

recovery care center as defined in this paragraph shall
19

maintain a contractual relationship, including a transfer
20

agreement, with a general acute care hospital. A
21

postsurgical recovery care center shall be no larger than
22

20 beds. A postsurgical recovery care center shall be
23

located within 15 minutes travel time from the general
24

acute care hospital with which the center maintains a
25

contractual relationship, including a transfer agreement,
26

as required under this paragraph.

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No postsurgical recovery care center shall
2

discriminate against any patient requiring treatment
3

because of the source of payment for services, including
4

Medicare and Medicaid recipients.
5

The Department shall adopt rules to implement the
6

provisions of Public Act 88-441 concerning postsurgical
7

recovery care centers within 9 months after August 20,
8

1993. Notwithstanding any other law to the contrary, a
9

postsurgical recovery care center model may provide sleep
10

laboratory or similar sleep studies in accordance with
11

applicable State and federal laws and regulations.
12

(3) Alternative health care delivery model; children's
13

community-based health care center. A children's
14

community-based health care center model is a designated
15

site that provides nursing care, clinical support
16

services, and therapies for a period of one to 14 days for
17

short-term stays and 120 days to facilitate transitions to
18

home or other appropriate settings for medically fragile
19

children, technology dependent children, and children with
20

special health care needs who are deemed clinically stable
21

by a physician and are younger than 22 years of age. This
22

care is to be provided in a home-like environment that
23

serves no more than 12 children at a time, except that a
24

children's community-based health care center in existence
25

on the effective date of this amendatory Act of the 100th
26

General Assembly that is located in Chicago on grade level

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LRB104 11129 BAB 21211 b
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for Life Safety Code purposes may provide care to no more
2

than 16 children at a time. Children's community-based
3

health care center services must be available through the
4

model to all families, including those whose care is paid
5

for through the Department of Healthcare and Family
6

Services, the Department of Children and Family Services,
7

the Department of Human Services, and insurance companies
8

who cover home health care services or private duty
9

nursing care in the home.
10

Each children's community-based health care center
11

model location shall be physically separate and apart from
12

any other facility licensed by the Department of Public
13

Health under this or any other Act and shall provide the
14

following services: respite care, registered nursing or
15

licensed practical nursing care, transitional care to
16

facilitate home placement or other appropriate settings
17

and reunite families, medical day care, weekend camps, and
18

diagnostic studies typically done in the home setting.
19

A children's community-based health care center shall
20

provide initial training, prior to home placement for, and
21

shall keep records in a manner designated by the
22

Department regarding, the certified family health aide, as
23

defined in the Certified Family Health Aide Program for
24

Children and Adults Act, identified as the legally
25

responsible caregiver or designated by a legally
26

responsible caregiver for the medical care of an

HB3475
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LRB104 11129 BAB 21211 b
1

individual who receives or is eligible to receive:
2

(i) in-home shift nursing services under the Early
3

and Periodic Screening, Diagnostic and Treatment
4

benefit authorized under 42 CFR 441.50; or
5

(ii) in-home shift nursing through the home and
6

community-based services waiver program authorized
7

under Section 1915(c) of the Social Security Act for
8

persons who are medically fragile and technology
9

dependent.

10

Coverage for the services provided by the Department
11

of Healthcare and Family Services under this paragraph (3)
12

is contingent upon federal waiver approval and is provided
13

only to Medicaid eligible clients participating in the
14

home and community based services waiver designated in
15

Section 1915(c) of the Social Security Act for medically
16

frail and technologically dependent children or children
17

in Department of Children and Family Services foster care
18

who receive home health benefits.
19

(4) Alternative health care delivery model; community
20

based residential rehabilitation center. A community-based
21

residential rehabilitation center model is a designated
22

site that provides rehabilitation or support, or both, for
23

persons who have experienced severe brain injury, who are
24

medically stable, and who no longer require acute
25

rehabilitative care or intense medical or nursing
26

services. The average length of stay in a community-based

HB3475
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LRB104 11129 BAB 21211 b
1

residential rehabilitation center shall not exceed 4
2

months. As an integral part of the services provided,
3

individuals are housed in a supervised living setting
4

while having immediate access to the community. The
5

residential rehabilitation center authorized by the
6

Department may have more than one residence included under
7

the license. A residence may be no larger than 12 beds and
8

shall be located as an integral part of the community. Day
9

treatment or individualized outpatient services shall be
10

provided for persons who reside in their own home.
11

Functional outcome goals shall be established for each
12

individual. Services shall include, but are not limited
13

to, case management, training and assistance with
14

activities of daily living, nursing consultation,
15

traditional therapies (physical, occupational, speech),
16

functional interventions in the residence and community
17

(job placement, shopping, banking, recreation),
18

counseling, self-management strategies, productive
19

activities, and multiple opportunities for skill
20

acquisition and practice throughout the day. The design of
21

individualized program plans shall be consistent with the
22

outcome goals that are established for each resident. The
23

programs provided in this setting shall be accredited by
24

the Commission on Accreditation of Rehabilitation
25

Facilities (CARF). The program shall have been accredited
26

by CARF as a Brain Injury Community-Integrative Program

HB3475
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LRB104 11129 BAB 21211 b
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for at least 3 years.
2

(5) Alternative health care delivery model;
3

Alzheimer's disease management center. An Alzheimer's
4

disease management center model is a designated site that
5

provides a safe and secure setting for care of persons
6

diagnosed with Alzheimer's disease. An Alzheimer's disease
7

management center model shall be a facility separate from
8

any other facility licensed by the Department of Public
9

Health under this or any other Act. An Alzheimer's disease
10

management center shall conduct and document an assessment
11

of each resident every 6 months. The assessment shall
12

include an evaluation of daily functioning, cognitive
13

status, other medical conditions, and behavioral problems.
14

An Alzheimer's disease management center shall develop and
15

implement an ongoing treatment plan for each resident. The
16

treatment plan shall have defined goals. The Alzheimer's
17

disease management center shall treat behavioral problems
18

and mood disorders using nonpharmacologic approaches such
19

as environmental modification, task simplification, and
20

other appropriate activities. All staff must have
21

necessary training to care for all stages of Alzheimer's
22

Disease. An Alzheimer's disease management center shall
23

provide education and support for residents and
24

caregivers. The education and support shall include
25

referrals to support organizations for educational
26

materials on community resources, support groups, legal

HB3475
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LRB104 11129 BAB 21211 b
1

and financial issues, respite care, and future care needs
2

and options. The education and support shall also include
3

a discussion of the resident's need to make advance
4

directives and to identify surrogates for medical and
5

legal decision-making. The provisions of this paragraph
6

establish the minimum level of services that must be
7

provided by an Alzheimer's disease management center. An
8

Alzheimer's disease management center model shall have no
9

more than 100 residents. Nothing in this paragraph (5)
10

shall be construed as prohibiting a person or facility
11

from providing services and care to persons with
12

Alzheimer's disease as otherwise authorized under State
13

law.
14

(6) Alternative health care delivery model; birth
15

center. A birth center shall be exclusively dedicated to
16

serving the childbirth-related needs of women and their
17

newborns and shall have no more than 10 beds. A birth
18

center is a designated site that is away from the mother's
19

usual place of residence and in which births are planned
20

to occur following a normal, uncomplicated, and low-risk
21

pregnancy. A birth center shall offer prenatal care and
22

community education services and shall coordinate these
23

services with other health care services available in the
24

community.
25

(A) A birth center shall not be separately
26

licensed if it is one of the following:

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LRB104 11129 BAB 21211 b
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(1) A part of a hospital; or
2

(2) A freestanding facility that is physically
3

distinct from a hospital but is operated under a
4

license issued to a hospital under the Hospital
5

Licensing Act.
6

(B) A separate birth center license shall be
7

required if the birth center is operated as:
8

(1) A part of the operation of a federally
9

qualified health center as designated by the
10

United States Department of Health and Human
11

Services; or
12

(2) A facility other than one described in
13

subparagraph (A)(1), (A)(2), or (B)(1) of this
14

paragraph (6) whose costs are reimbursable under
15

Title XIX of the federal Social Security Act.
16

In adopting rules for birth centers, the Department
17

shall consider: the American Association of Birth Centers'
18

Standards for Freestanding Birth Centers; the American
19

Academy of Pediatrics/American College of Obstetricians
20

and Gynecologists Guidelines for Perinatal Care; and the
21

Regionalized Perinatal Health Care Code. The Department's
22

rules shall stipulate the eligibility criteria for birth
23

center admission. The Department's rules shall stipulate
24

the necessary equipment for emergency care according to
25

the American Association of Birth Centers' standards and
26

any additional equipment deemed necessary by the

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LRB104 11129 BAB 21211 b
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Department. The Department's rules shall provide for a
2

time period within which each birth center not part of a
3

hospital must become accredited by either the Commission
4

for the Accreditation of Freestanding Birth Centers or The
5

Joint Commission.
6

A birth center shall be certified to participate in
7

the Medicare and Medicaid programs under Titles XVIII and
8

XIX, respectively, of the federal Social Security Act. To
9

the extent necessary, the Illinois Department of
10

Healthcare and Family Services shall apply for a waiver
11

from the United States Health Care Financing
12

Administration to allow birth centers to be reimbursed
13

under Title XIX of the federal Social Security Act.
14

A birth center that is not operated under a hospital
15

license shall be located within a ground travel time
16

distance from the general acute care hospital with which
17

the birth center maintains a contractual relationship,
18

including a transfer agreement, as required under this
19

paragraph, that allows for an emergency caesarian delivery
20

to be started within 30 minutes of the decision a
21

caesarian delivery is necessary. A birth center operating
22

under a hospital license shall be located within a ground
23

travel time distance from the licensed hospital that
24

allows for an emergency caesarian delivery to be started
25

within 30 minutes of the decision a caesarian delivery is
26

necessary.

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LRB104 11129 BAB 21211 b
1

The services of a medical director physician, licensed
2

to practice medicine in all its branches, who is certified
3

or eligible for certification by the American College of
4

Obstetricians and Gynecologists or the American Board of
5

Osteopathic Obstetricians and Gynecologists or has
6

hospital obstetrical privileges are required in birth
7

centers. The medical director in consultation with the
8

Director of Nursing and Midwifery Services shall
9

coordinate the clinical staff and overall provision of
10

patient care. The medical director or his or her physician
11

designee shall be available on the premises or within a
12

close proximity as defined by rule. The medical director
13

and the Director of Nursing and Midwifery Services shall
14

jointly develop and approve policies defining the criteria
15

to determine which pregnancies are accepted as normal,
16

uncomplicated, and low-risk, and the anesthesia services
17

available at the center. No general anesthesia may be
18

administered at the center.
19

If a birth center employs certified nurse midwives, a
20

certified nurse midwife shall be the Director of Nursing
21

and Midwifery Services who is responsible for the
22

development of policies and procedures for services as
23

provided by Department rules.
24

An obstetrician, family practitioner, or certified
25

nurse midwife shall attend each woman in labor from the
26

time of admission through birth and throughout the

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LRB104 11129 BAB 21211 b
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immediate postpartum period. Attendance may be delegated
2

only to another physician or certified nurse midwife.
3

Additionally, a second staff person shall also be present
4

at each birth who is licensed or certified in Illinois in a
5

health-related field and under the supervision of the
6

physician or certified nurse midwife in attendance, has
7

specialized training in labor and delivery techniques and
8

care of newborns, and receives planned and ongoing
9

training as needed to perform assigned duties effectively.
10

The maximum length of stay in a birth center shall be
11

consistent with existing State laws allowing a 48-hour
12

stay or appropriate post-delivery care, if discharged
13

earlier than 48 hours.
14

A birth center shall participate in the Illinois
15

Perinatal System under the Developmental Disability
16

Prevention Act. At a minimum, this participation shall
17

require a birth center to establish a letter of agreement
18

with a hospital designated under the Perinatal System. A
19

hospital that operates or has a letter of agreement with a
20

birth center shall include the birth center under its
21

maternity service plan under the Hospital Licensing Act
22

and shall include the birth center in the hospital's
23

letter of agreement with its regional perinatal center.
24

A birth center may not discriminate against any
25

patient requiring treatment because of the source of
26

payment for services, including Medicare and Medicaid

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LRB104 11129 BAB 21211 b
1

recipients.
2

No general anesthesia and no surgery may be performed
3

at a birth center. The Department may by rule add birth
4

center patient eligibility criteria or standards as it
5

deems necessary. The Department shall by rule require each
6

birth center to report the information which the
7

Department shall make publicly available, which shall
8

include, but is not limited to, the following:
9

(i) Birth center ownership.
10

(ii) Sources of payment for services.
11

(iii) Utilization data involving patient length of
12

stay.
13

(iv) Admissions and discharges.
14

(v) Complications.
15

(vi) Transfers.
16

(vii) Unusual incidents.
17

(viii) Deaths.
18

(ix) Any other publicly reported data required
19

under the Illinois Consumer Guide.
20

(x) Post-discharge patient status data where
21

patients are followed for 14 days after discharge from
22

the birth center to determine whether the mother or
23

baby developed a complication or infection.
24

Within 9 months after the effective date of this
25

amendatory Act of the 95th General Assembly, the
26

Department shall adopt rules that are developed with

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consideration of: the American Association of Birth
2

Centers' Standards for Freestanding Birth Centers; the
3

American Academy of Pediatrics/American College of
4

Obstetricians and Gynecologists Guidelines for Perinatal
5

Care; and the Regionalized Perinatal Health Care Code.
6

The Department shall adopt other rules as necessary to
7

implement the provisions of this amendatory Act of the
8

95th General Assembly within 9 months after the effective
9

date of this amendatory Act of the 95th General Assembly.
10
(Source: P.A. 100-518, eff. 12-8-17 (see Section 5 of P.A.
11
100-558 for the effective date of changes made by P.A.
12
100-518).)

13

Section 20.
The Home Health, Home Services, and Home
14
Nursing Agency Licensing Act is amended by changing Section
15
2.11 and by adding Section 2.13 as follows:

16

(210 ILCS 55/2.11)
17

Sec. 2.11.
"Home nursing agency" means an agency that
18
provides services directly, or acts as a placement agency, in
19
order to deliver skilled nursing and home health aide services
20
to persons in their personal residences
or a certified family
21
health aide as defined by the Certified Family Health Aide
22
Program for Children and Adults Act, for individuals receiving
23
or eligible to receive the following services: (1) in-home
24
shift nursing services under the Early and Periodic Screening,

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Diagnostic and Treatment benefit authorized under 42 CFR
2
441.50; or (2) in-home shift nursing services through the home
3
and community-based services waiver program authorized under
4
Section 1915(c) of the Social Security Act for persons who are
5
medically fragile and technology dependent
. A home nursing
6
agency provides services that would require a licensed nurse
7
to perform. Home health aide services are provided under the
8
direction of a registered professional nurse or advanced
9
practice registered nurse. A home nursing agency does not
10
require licensure as a home health agency under this Act.
11
"Home nursing agency" does not include an individually
12
licensed nurse acting as a private contractor or a person that
13
provides or procures temporary employment in health care
14
facilities, as defined in the Nurse Agency Licensing Act.
15
(Source: P.A. 100-513, eff. 1-1-18
.)

16

(210 ILCS 55/2.13 new)
17

Sec. 2.13.
Certified family health aide.
A home nursing
18
agency shall provide initial and ongoing training for, and
19
shall keep records in a manner designated by the Department
20
regarding, the certified family health aide, as defined in the
21
Certified Family Health Aide Program for Children and Adults
22
Act, identified as the legally responsible caregiver or
23
designated by the legally responsible caregiver for an
24
individual who receives or is eligible to receive:
25

(1) in-home shift nursing services under the Early and

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Periodic Screening, Diagnostic and Treatment benefit
2

authorized under 42 CFR 441.50; or
3

(2) in-home shift nursing through the home and
4

community-based services waiver program authorized under
5

Section 1915(c) of the Social Security Act for persons who
6

are medically fragile and technology dependent.

7

Section 25.
The Hospital Licensing Act is amended by
8
adding Section 17 as follows:

9

(210 ILCS 85/17 new)
10

Sec. 17.
Certified family health aide.
Hospitals managing
11
the care of an individual to be discharged under the care of a
12
home nursing agency shall provide initial training, and shall
13
document in a manner designated by the Department, for the
14
certified family health aide, as defined in the Certified
15
Family Health Aide Program for Children and Adults Act,
16
identified as the legally responsible caregiver or designated
17
by a legally responsible caregiver for an individual who
18
receives or is eligible to receive in-home shift nursing
19
services under the Early and Periodic Screening, Diagnostic
20
and Treatment benefit authorized under 42 CFR 441.50 or in
21
home shift nursing through the home and community-based
22
services waiver program authorized under Section 1915(c) of
23
the Social Security Act for persons who are medically fragile
24
and technology dependent.

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Section 30.
The Nurse Practice Act is amended by changing
2
Section 50-15 as follows:

3

(225 ILCS 65/50-15)

(was 225 ILCS 65/5-15)
4

(Section scheduled to be repealed on January 1, 2028)
5

Sec. 50-15.
Policy; application of Act.
6

(a) For the protection of life and the promotion of
7
health, and the prevention of illness and communicable
8
diseases, any person practicing or offering to practice
9
advanced, professional, or practical nursing in Illinois shall
10
submit evidence that he or she is qualified to practice, and
11
shall be licensed as provided under this Act. No person shall
12
practice or offer to practice advanced, professional, or
13
practical nursing in Illinois or use any title, sign, card or
14
device to indicate that such a person is practicing
15
professional or practical nursing unless such person has been
16
licensed under the provisions of this Act.
17

(b) This Act does not prohibit the following:
18

(1) The practice of nursing in Federal employment in
19

the discharge of the employee's duties by a person who is
20

employed by the United States government or any bureau,
21

division or agency thereof and is a legally qualified and
22

licensed nurse of another state or territory and not in
23

conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
24

this Act.

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(2) Nursing that is included in the program of study
2

by students enrolled in programs of nursing or in current
3

nurse practice update courses approved by the Department.
4

(3) The furnishing of nursing assistance in an
5

emergency.
6

(4) The practice of nursing by a nurse who holds an
7

active license in another state when providing services to
8

patients in Illinois during a bonafide emergency or in
9

immediate preparation for or during interstate transit.
10

(5) The incidental care of the sick by members of the
11

family, domestic servants or housekeepers, or care of the
12

sick where treatment is by prayer or spiritual means.
13

(6) Persons from being employed as unlicensed
14

assistive personnel in private homes, long term care
15

facilities, nurseries, hospitals or other institutions.
16

(7) The practice of practical nursing by one who is a
17

licensed practical nurse under the laws of another U.S.
18

jurisdiction and has applied in writing to the Department,
19

in form and substance satisfactory to the Department, for
20

a license as a licensed practical nurse and who is
21

qualified to receive such license under this Act, until
22

(i) the expiration of 6 months after the filing of such
23

written application, (ii) the withdrawal of such
24

application, or (iii) the denial of such application by
25

the Department.
26

(8) The practice of advanced practice registered

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nursing by one who is an advanced practice registered
2

nurse under the laws of another United States jurisdiction
3

or a foreign jurisdiction and has applied in writing to
4

the Department, in form and substance satisfactory to the
5

Department, for a license as an advanced practice
6

registered nurse and who is qualified to receive such
7

license under this Act, until (i) the expiration of 6
8

months after the filing of such written application, (ii)
9

the withdrawal of such application, or (iii) the denial of
10

such application by the Department.
11

(9) The practice of professional nursing by one who is
12

a registered professional nurse under the laws of another
13

United States jurisdiction or a foreign jurisdiction and
14

has applied in writing to the Department, in form and
15

substance satisfactory to the Department, for a license as
16

a registered professional nurse and who is qualified to
17

receive such license under Section 55-10, until (1) the
18

expiration of 6 months after the filing of such written
19

application, (2) the withdrawal of such application, or
20

(3) the denial of such application by the Department.
21

(10) The practice of professional nursing that is
22

included in a program of study by one who is a registered
23

professional nurse under the laws of another United States
24

jurisdiction or a foreign jurisdiction and who is enrolled
25

in a graduate nursing education program or a program for
26

the completion of a baccalaureate nursing degree in this

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State, which includes clinical supervision by faculty as
2

determined by the educational institution offering the
3

program and the health care organization where the
4

practice of nursing occurs.
5

(11) Any person licensed in this State under any other
6

Act from engaging in the practice for which she or he is
7

licensed.
8

(12) Delegation to authorized direct care staff
9

trained under Section 15.4 of the Mental Health and
10

Developmental Disabilities Administrative Act consistent
11

with the policies of the Department.
12

(13) (Blank).
13

(14) County correctional personnel from delivering
14

prepackaged medication for self-administration to an
15

individual detainee in a correctional facility.
16

(15) The practice of relevant nursing care by a
17

legally responsible caregiver or a person designated by a
18

legally responsible caregiver who has been certified as a
19

certified family health aide, as defined by 210 ILCS 57,
20

to perform for a person who receives or is eligible to
21

receive the following services: (i) in-home shift nursing
22

services under the Early and Periodic Screening,
23

Diagnostic and Treatment benefit authorized under 42 CFR
24

441.50; or (ii) in-home shift nursing services through the
25

home and community-based services waiver program
26

authorized under Section 1915(c) of the Social Security

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Act for persons who are medically fragile and technology
2

dependent.

3

Nothing in this Act shall be construed to limit the
4
delegation of tasks or duties by a physician, dentist, or
5
podiatric physician to a licensed practical nurse, a
6
registered professional nurse, or other persons.
7
(Source: P.A. 100-513, eff. 1-1-18
.)

8

Section 35.
The Illinois Public Aid Code is amended by
9
adding Section 5-2.06b as follows:

10

(305 ILCS 5/5-2.06b new)
11

Sec. 5-2.06b.
Certified family health aide program for
12
children and adults.
By January 1, 2026, The Department of
13
Healthcare and Family Services shall apply for a Home and
14
Community-Based Services State Plan amendment and federal
15
waiver amendment necessary to reimburse a legally responsible
16
caregiver or a person designated by a legally responsible
17
caregiver, as defined in the Certified Family Health Aide
18
Program for Children and Adults Act, who has achieved
19
certification as a certified family health aide to perform (1)
20
in-home shift nursing services under the Early and Periodic
21
Screening, Diagnostic and Treatment benefit authorized under
22
42 CFR 441.50; or (2) in-home shift nursing services through
23
the home and community-based services waiver program
24
authorized under Section 1915(c) of the Social Security Act

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1
for a designated person or designated persons who are
2
medically fragile and technology dependent and in need and
3
eligible for the above services. Upon federal approval of any
4
State Plan amendment or waiver amendment, the Department may
5
adopt rules in partnership with the Department of Public
6
Health to specify the federally-approved services eligible for
7
reimbursement under the certified family health aide
8
certification and to adopt any other policies or procedures
9
necessary to implement this Section.

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