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Important law for home-care industry

June 16, 2008, marked an important milestone for the protection of consumers of home-care services in Illinois.

On this day, the state published the qualifications and requirements for home services workers as part of the Illinois Home Health, Home Services and Home Nursing Agency Act (Public Act 094-0379).

These newly published qualifications and requirements outline the standards that will be used to issue licenses beginning Sept. 1, 2008, to four categories of home-care providers; home services agencies; home services placement agencies; home nursing agencies; and home nursing placement agencies.

The Illinois Chapter of the National Private Duty Association believes this law serves the best interests of consumers and home-care providers.

The law strikes a delicate balance of protecting consumers and keeping home care affordable, two critical goals when considering that the U.S. population age 65 and older is expected to more than double in the next 50 years, from 35 million in 2000 to 86.7 million in 2050. Studies have consistently shown that nearly 90 percent of seniors wish to age in place at home.

The end result of this law is that there will be more available information and greater disclosure to allow family caregivers and seniors to make better decisions about their care. For example, now all organizations who provide home care in the state will be required to provide notification to the consumer regarding rights and responsibilities of each party for payment of wages, taxes and liabilities.

The new law also requires all home-care organizations to perform criminal background checks and provide supervision and training to all workers who perform in-home services.

There has been considerable growth in the home care industry both nationally and in Illinois. The growth of the number of home care providers meant that the needs of clients were being met; however, little was being done to ensure consistency of training and supervision, and full disclosure.

The members of the Illinois Chapter of the National Private Duty Association see this new licensure law as an important step in educating the public, setting standards and distinguishing home-care agencies as reliable, trusted caregivers to our state's aging residents and all those who desire to be cared for in their home.

Sheila McMackin, President

National Private Duty Association

Chicago