Section 245.20 Definitions

Section 245

TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER c: HOSPITALS AND OUTPATIENT SERVICES CARE FACILITIES

PART 245 HOME HEALTH, HOME SERVICES, AND HOME NURSING AGENCY CODE

SECTION 245.20 DEFINITIONS

Section 245.20  Definitions

Act – the Home

Health, Home Services and Home Nursing Agency Licensing Act.

Activities of

Daily Living or ADL − include, but are not limited to, eating, dressing,

bathing, toileting, transferring, or personal hygiene.

Advanced

Practice Registered Nurse or APRN – a person who is licensed as an advanced

practice registered nurse under the Nurse Practice Act.

Advocate – a person who represents

the rights and interests of an individual as though they were the person's own,

to realize the rights to which the individual is entitled, obtain needed

services, and remove barriers to meeting the individual's needs.

Agency – a home health agency,

home nursing agency, or home services agency, unless specifically stated

otherwise.

(Section 2.03a of the Act)

Agency Manager – the individual

designated by the governing body or the entity legally responsible for the

agency, who has overall responsibility for the organization and day-to-day

operation of the home services or home nursing agency.

Applicant −

a firm, partnership, or association, or any of their members, or, if the

applicant is a corporation, any of its officers or directors, or the person

designated to manage or supervise the agency.

Audiologist –

a person who has received a license to practice audiology pursuant to the

Illinois Speech-Language Pathology and Audiology Practice Act.

Branch Office –

an office location or site other than the parent agency from which an agency

provides services within a portion of the total geographic area served by the

parent agency

r the person

designated to manage or supervise the agency.

Audiologist –

a person who has received a license to practice audiology pursuant to the

Illinois Speech-Language Pathology and Audiology Practice Act.

Branch Office –

an office location or site other than the parent agency from which an agency

provides services within a portion of the total geographic area served by the

parent agency.  The branch office is part of the agency and is located

sufficiently close to share administration, supervision and services on a daily

and emergency basis in a manner that renders it unnecessary for the branch to

be independently licensed.

Bylaws or

Equivalent – a set of rules adopted by an agency for governing the agency's

operation.

Client – an individual receiving

services from a home nursing agency, a home services agency or a placement

agency.  This term includes the client's advocate or designee.

Client Record

− a written or electronic record that includes, but is not limited to,

personal information, emergency notification information, plans of service

agreed to between the client and the home services agency, a copy of the home

services contract or agreement, and documentation of the services provided at

each visit.

Clinical Note –

a dated, written notation or electronic entry by a member of the health care team

of a contact with a patient, containing a description of signs and symptoms,

treatment and any drug given, the patient's reaction, and any changes in

physical or emotional condition.

Clinical

Record – an accurate account of services and care provided for each patient that

is maintained by a home health or home nursing agency in accordance with

accepted professional standards.

Companionship

– services that provide fellowship, care and protection for a client who,

because of advanced age or physical or mental infirmity, cannot care for his or

her own needs

ional condition.

Clinical

Record – an accurate account of services and care provided for each patient that

is maintained by a home health or home nursing agency in accordance with

accepted professional standards.

Companionship

– services that provide fellowship, care and protection for a client who,

because of advanced age or physical or mental infirmity, cannot care for his or

her own needs.  Services requested may include, but are not limited to:

household work related to the care of the client, such as meal preparation, bed

making, or laundry; shopping or errands; or other similar services.

Data Driven – an agency uses

quality indicator data, including patient care, and other relevant data, in the

design of its program.  The data collected is used to monitor the effectiveness

and safety of services and quality of care and to identify opportunities and

priorities for improvement. The frequency and detail of the data collection is

approved by the governing body of the agency.

Department

or

IDPH

– the Department of Public Health of the State of Illinois.

(Section

2.01 of the Act)

Director –

the Director of Public Health of the State of Illinois, or his or her designee.

(Section 2.02 of the Act)

Discharge

Summary – the written report of services rendered, goals achieved, and final

disposition at the time of discharge from service of a home health or home

nursing agency.

Documentary

Evidence – evidence that an agency covered under this Part maintains as

documentation of its quality assessment and performance improvement program.

Documentary evidence used to demonstrate the agency's operation to the Centers

for Medicare and Medicaid Services includes program scope, program data,

program activities, performance improvement projects, and executive

responsibilities

umentary

Evidence – evidence that an agency covered under this Part maintains as

documentation of its quality assessment and performance improvement program.

Documentary evidence used to demonstrate the agency's operation to the Centers

for Medicare and Medicaid Services includes program scope, program data,

program activities, performance improvement projects, and executive

responsibilities.

Drop-site – an

office or site of the parent agency that does not render services but is used

by the parent agency only as a location for administrative tasks, which may

include hiring or training staff and a location for staff to obtain supplies.

Employee

− a person who works in the service of another person, or company, under

an express or implied contract for hire, under which the employer has the right

to control the details of work performance for wages, salary, fee or payment.

Geographic

Service Area – an area of contiguous counties (recognizable boundaries) in

which the agency has been approved by the Department to provide services.

Health Care Professional – a

physician licensed to practice medicine in all of its branches, a podiatrist,

an advanced practice registered nurse (APRN) licensed under the Nurse Practice

Act, or a physician assistant, licensed under the Physician Assistant Practice

Act of 1987.

Home Health

Agency

–

a public agency or private organization that provides skilled

nursing services and at least one other home health service as defined

in

this Part

practice medicine in all of its branches, a podiatrist,

an advanced practice registered nurse (APRN) licensed under the Nurse Practice

Act, or a physician assistant, licensed under the Physician Assistant Practice

Act of 1987.

Home Health

Agency

–

a public agency or private organization that provides skilled

nursing services and at least one other home health service as defined

in

this Part.  (Section 2.04 of the Act)

Home Health

Agency Administrator – an employee of the home health agency who is any one of

the following:

A physician who has experience in

health service administration, with at least one year of supervisory or

administrative experience in home health care or in related health provider

programs;

A registered professional nurse (RN)

who has experience in health service administration, with at least one year of

supervisory or administrative experience in home health care or in related

health provider programs;

An individual with an

undergraduate degree with experience in health service administration, with at

least one year of supervisory or administrative experience in home health care

or in related health provider programs; or

An individual who meets the

requirements for Public Health Administrator as contained in Section 600.310 of

the Certified Local Health Department Code who has experience in health service

administration, with at least one year of supervisory or administrative

experience in home health care or in related health provider programs.

Home Health

Aide – a person who provides nursing, medical, or personal care and emotional

comfort to assist the patient toward independent living in a safe environment.

A person may not be employed as a home health aide unless the person meets the

requirements of Section 245.70

st one year of supervisory or administrative

experience in home health care or in related health provider programs.

Home Health

Aide – a person who provides nursing, medical, or personal care and emotional

comfort to assist the patient toward independent living in a safe environment.

A person may not be employed as a home health aide unless the person meets the

requirements of Section 245.70.

Home Health

Services

–

services provided to a person at his or her residence

according to a plan of treatment for illness or infirmity prescribed by a physician

licensed to practice medicine in all its branches, a licensed physician

assistant, or a licensed advanced practice registered nurse

.

Such

services include part-time and intermittent nursing services and other

therapeutic services such as physical therapy, occupational therapy, speech

therapy, medical social services or services provided by a home health aide.

(Section 2.05 of the Act)

Home Nursing Agency – an agency

that provides services directly, or acts as a placement agency, in order to deliver

skilled nursing and home health aide services to persons in their personal

residences.  A home nursing agency provides services that would

be required

to be performed by

an individual licensed under the Nurse Practice Act

.

Home health aide services are provided under the direction of a registered

professional nurse or advanced practice registered nurse.  A home nursing

agency does not require licensure as a home health agency under

the

Act.  "Home nursing agency" does not include an individually licensed

nurse acting as a private contractor or a person that provides or procures

temporary employment in health care facilities, as defined in the Nurse Agency

Licensing Act.

(Section 2.11 of the Act)

Home Nursing Services – services

that would be required to be performed by an individual licensed under the Nurse

Practice Act on a shift schedule, one-time, full-time or part-time, and/or

intermittent basis

cting as a private contractor or a person that provides or procures

temporary employment in health care facilities, as defined in the Nurse Agency

Licensing Act.

(Section 2.11 of the Act)

Home Nursing Services – services

that would be required to be performed by an individual licensed under the Nurse

Practice Act on a shift schedule, one-time, full-time or part-time, and/or

intermittent basis.

Home Services Agency – an

agency that provides services directly, or acts as a placement agency, for the

purpose of placing individuals as workers providing home services for consumers

in their personal residences.  Home services agency does not include agencies

licensed under the Nurse Agency Licensing Act, the Hospital Licensing Act, the

Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act, the

Specialized Mental Health Rehabilitation Act of 2013, or the Assisted Living

and Shared Housing Act and does not include an agency that limits its business

exclusively to providing housecleaning services.  Programs providing services

exclusively through the Community Care Program of the Illinois Department on

Aging, the Department of Human Services Office of Rehabilitation Services, or

the United States Department of Veterans Affairs are not considered to be a

home services agency under

the

Act.

(Section 2.08 of the Act)

Home Services or In-Home

Services or In-Home Support Services – assistance with activities of daily

living, housekeeping, personal laundry, and companionship provided to an

individual in his or her personal residence, which are intended to enable that

individual to remain safely and comfortably in his or her own personal

residence.  "Home services" or "in-home services" does not

include services that would be required to be performed by an individual

licensed under the Nurse Practice Act

y

living, housekeeping, personal laundry, and companionship provided to an

individual in his or her personal residence, which are intended to enable that

individual to remain safely and comfortably in his or her own personal

residence.  "Home services" or "in-home services" does not

include services that would be required to be performed by an individual

licensed under the Nurse Practice Act.

(Section 2.09 of the Act) Home

services are focused on providing assistance that is not medical in nature, but

is based upon assisting the client in meeting the demands of living

independently and maintaining a personal residence, such as companionship,

cleaning, laundry, shopping, meal preparation, dressing, and bathing.

Home Services Worker or In-Home

Services Worker – an individual who provides home services to a consumer in the

consumer's personal residence.

(Section 2.10 of the Act)  The terms

homemaker and companion are commonly used to refer to this type of worker.

Licensed

Practical Nurse – a person who is licensed as a licensed practical nurse under

the Nurse Practice Act.

Occupational

Therapist – a person who is licensed as an occupational therapist under the

Illinois Occupational Therapy Practice Act.

Occupational

Therapy Assistant – a person who is licensed as an occupational therapy

assistant under the Illinois Occupational Therapy Practice Act.

Parent Agency

− the agency location responsible for developing and maintaining

administrative control of all DPH-approved locations.  The parent agency

address/location appears on the Department-issued license.

Part-Time or

Intermittent Care – home health services given to a patient at least once every

60 days or as frequently as a few hours a day, several times per week.

Patient – a

person who is under treatment or care for illness, disease, injury or

conditions appropriately responsive to home health or home nursing services to

maintain health or prevent illness

s on the Department-issued license.

Part-Time or

Intermittent Care – home health services given to a patient at least once every

60 days or as frequently as a few hours a day, several times per week.

Patient – a

person who is under treatment or care for illness, disease, injury or

conditions appropriately responsive to home health or home nursing services to

maintain health or prevent illness.

Patient Care

Plan – a coordinated and combined care plan prepared by and in collaboration

with each discipline providing service to the patient, to the patient's family,

or, for home health agencies, to both.

Person

–

any individual, firm, partnership, corporation, company, association or any

other legal entity.

(Section 2.03 of the Act)

Personal Care Services

– services that are furnished to a client in the client's personal residence to

meet the client's physical, maintenance, and supportive needs, when those

services are not considered skilled personal care, as described in Section

245.40(c), and do not require a health care provider's orders or the

supervision of a nurse.

Physical

Therapist – a person who is licensed as a physical therapist under the Illinois

Physical Therapy Act.

Physical

Therapist Assistant – a person who is licensed as a physical therapist

assistant under the Illinois Physical Therapy Act.

Physician – any

person licensed to practice medicine in all of its branches under the Medical

Practice Act of 1987.  For a patient who has received medical care in another

state, or has moved from another state, and who has not secured the services of

a physician licensed in Illinois, an individual who holds an active license to

practice medicine in another state will be considered the physician for the patient

during this emergency (as determined by the physician) as provided in Section 3

of the Medical Practice Act of 1987.  An emergency may not extend more than six

months in any case

nother state, and who has not secured the services of

a physician licensed in Illinois, an individual who holds an active license to

practice medicine in another state will be considered the physician for the patient

during this emergency (as determined by the physician) as provided in Section 3

of the Medical Practice Act of 1987.  An emergency may not extend more than six

months in any case.

Physician

Assistant - any person who meets the licensing requirements of the Physician

Assistant Practice Act of 1987.

Placement Agency – any person

engaged for gain or profit,

regardless of the agency tax status,

in the

business of securing or attempting to secure work for hire for persons seeking

work or workers for employers.  The term includes a private employment agency

and any other entity that places a worker for private hire by a consumer in

that consumer's residence for purposes of providing home services.  The term

does not include a person that provides or procures temporary employment in

health care facilities, as defined in the Nurse Agency Licensing Act.

(Section

2.12 of the Act)  For the purposes of this Part, there are two types of

placement agencies:  Home Nursing Placement Agencies (see Section 245.212) and

Home Services Placement Agencies (see Section 245.214). A placement agency does

not provide ongoing, continuous client support and management of services.

Plan of

Treatment – a plan based on the patient's diagnosis and the assessment of the

patient's immediate and long-range needs and resources.  The plan of treatment

is established in consultation with, in the case of a home health agency, the

home health services team, which includes the attending physician or

podiatrist, pertinent members of the agency staff, the patient, and members of

the family.

Podiatrist – a

person who is licensed to practice under the Podiatric Medical Practice Act of

1987

nd long-range needs and resources.  The plan of treatment

is established in consultation with, in the case of a home health agency, the

home health services team, which includes the attending physician or

podiatrist, pertinent members of the agency staff, the patient, and members of

the family.

Podiatrist – a

person who is licensed to practice under the Podiatric Medical Practice Act of

1987.

Progress Notes

– a dated, written notation by a member of the health care team, summarizing

facts about care and the patient's response during a given period of time.

Purchase of Services

or Contractual – the provision of services through a written agreement with

other providers of services.

Quality

Assessment and Performance Improvement or QAPI – the coordinated application of

two mutually-reinforcing aspects of a quality management system.  QAPI takes a

systematic, comprehensive, and data-driven approach to maintaining and improving

safety and quality in home health agencies while involving all home health

caregivers in practical and creative problem solving.  Quality assessment is

the specification of standards for quality of service and outcomes, and is a

process used throughout the organization to ensure care is maintained at

acceptable levels in relation to those standards.  Performance improvement is

the continuous study and improvement of processes with the intent to better

services or outcomes, and to decrease the likelihood of problems, by

identifying areas of opportunity.

Registered Professional

Nurse or RN – a person who is licensed as a registered professional nurse under

the Nurse Practice Act.

Service Plan – a plan based on the

client's needs and identification of the client's immediate and long-range

goals and resources needed to meet these goals.

Service Contract – a written

contract between the client and the agency, printed in no less than 12-point

font, which includes, at a minimum, all elements listed in Sections 245.220 and

245.225, as applicable

der

the Nurse Practice Act.

Service Plan – a plan based on the

client's needs and identification of the client's immediate and long-range

goals and resources needed to meet these goals.

Service Contract – a written

contract between the client and the agency, printed in no less than 12-point

font, which includes, at a minimum, all elements listed in Sections 245.220 and

245.225, as applicable.

Skilled Nursing Services – those

services that, due to their nature and scope, would require the performing

individual to be licensed under the Nurse Practice Act.  These services are

acts requiring the basic nursing knowledge, judgment and skills acquired by

means of completion of an approved nursing education program and include, but

are not limited to: assessment of healthcare needs; nursing diagnosis;

planning, implementation and nursing evaluation; counseling; patient education;

health education; the administration of medications and treatments; and the

coordination or management of a nursing or medical plan of care.

Skilled Personal Care –care that

may be provided by a home health aide, a registered professional nurse, a

licensed practical nurse, a social worker, an occupational therapist, a

physical therapist, or a speech-language pathologist as ordered by a health

care professional.

Social Work

Assistant – a person who has a baccalaureate degree in social work, psychology,

sociology, or other field related to social work and has at least one year of

social work experience in a health care setting.

Social Worker – a person who is a licensed

social worker or a licensed clinical social worker under the Clinical Social

Work and Social Work Practice Act.

Speech-Language

Pathologist – a person who is licensed as a speech-language pathologist under

the Illinois Speech-Language Pathology and Audiology Practice Act.

Student – an

individual who is enrolled in an educational institution and who is receiving

training in a health-related profession

orker or a licensed clinical social worker under the Clinical Social

Work and Social Work Practice Act.

Speech-Language

Pathologist – a person who is licensed as a speech-language pathologist under

the Illinois Speech-Language Pathology and Audiology Practice Act.

Student – an

individual who is enrolled in an educational institution and who is receiving

training in a health-related profession.

Substantially

Meets – meeting requirements except for variance from the strict and literal

performance, which results in unimportant omissions or defects given the

particular circumstances involved.

Supervision –

authoritative procedural guidance by a qualified person of the appropriate

discipline.