Bill Text: IL HB3060 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Life Care Facilities Act. Requires the Department of Public Health to adopt rules meeting specified requirements for providers of at-home continuing care. Tasks the Department with issuing preliminary certificates of registration, certificates of registration, and renewal certificates of registration to providers of at-home continuing care. Requires providers to renew their registrations every 2 years. Allows the Department to deny, suspend, or revoke a preliminary, initial, or renewal certificate of registration for cause. Contains other provisions.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0332 [HB3060 Detail]

Download: Illinois-2023-HB3060-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Life Care Facilities Act is amended by
adding Section 10.3 as follows:
(210 ILCS 40/10.3 new)
Sec. 10.3. Provision of at-home continuing care.
(a) The Department shall adopt rules that:
(1) establish standards for providers of at-home
continuing care;
(2) provide for the certification and registration of
providers of at-home continuing care and the annual
renewal of certificates of registration;
(3) provide for and encourage the establishment of
at-home continuing care programs;
(4) set minimum requirements for any individual who is
employed by or under contract with a provider of at-home
continuing care and who will enter a provider of at-home
continuing care's subscriber's home to provide at-home
continuing care services, including requirements for
criminal background checks of such an individual who will
have routine, direct access to a subscriber;
(5) establish standards for the renewal of

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certificates of registration for providers of at-home
continuing care;
(6) establish standards for the number of executed
agreements necessary to begin operation as a provider of
at-home continuing care;
(7) establish standards for when and how a provider of
at-home continuing care or a subscriber may rescind an
at-home continuing care agreement before at-home
continuing care services are provided to the subscriber;
(8) allow a subscriber to rescind an agreement for
at-home continuing care services at any time if the terms
of the agreement violate this Section;
(9) establish that a provider may terminate an
agreement to provide at-home continuing care services or
discharge a subscriber only for just cause; and
(10) establish procedures to carry out a termination
or discharge under paragraph (9).
(b) The Department shall certify and register a person as
a provider of at-home continuing care services under this
Section if the Department determines that:
(1) a reasonable financial plan has been developed to
provide at-home continuing care services, including a plan
for the number of agreements to be executed before
beginning operation;
(2) a market for the at-home continuing care program
exists;

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(3) the provider has submitted all proposed
advertisements, advertising campaigns, and other
promotional materials for the program;
(4) the form and substance of all advertisements,
advertising campaigns, and other promotional materials
submitted are not deceptive, misleading, or likely to
mislead; and
(5) an actuarial forecast supports the market for the
program.
(c) A provider may not enter into an agreement to provide
at-home continuing care services until the Department issues a
preliminary certificate of registration to the provider. An
application for a preliminary certificate of registration
shall:
(1) be filed in a form determined by the Department by
rule; and
(2) include:
(A) a copy of the proposed at-home continuing care
agreement; and
(B) the form and substance of any proposed
advertisements, advertising campaigns, or other
promotional materials for the program that is
available at the time of filing the application and
that has not been filed previously with the
Department.
(d) The Department shall issue a preliminary certificate

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of registration to a provider under subsection (c) if the
Department determines that:
(1) the proposed at-home continuing care agreement is
satisfactory;
(2) the provider has submitted all proposed
advertisements, advertising campaigns, and other
promotional materials for the program; and
(3) the form and substance of all advertisements,
advertising campaigns, and other promotional materials
submitted are not deceptive, misleading, or likely to
mislead.
(e) A person may not provide at-home continuing care
services until the Department issues a certificate of
registration to the person. An application for a certificate
of registration shall:
(1) be filed in a form determined by the Department by
rule; and
(2) include:
(A) verification that the required number of
agreements has been executed;
(B) the form and substance of any proposed
advertisements, advertising campaigns, or other
promotional materials for the program that are
available at the time of filing and that have not been
filed previously with the Department; and
(C) verification that any other license or

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certificate required by other appropriate State units
has been issued to the provider.
(f) The Department shall issue a certificate of
registration to a provider under subsection (e) if the
Department determines that:
(1) the information and documents submitted and
application for a preliminary certificate of registration
are current and accurate or have been updated to make them
accurate;
(2) the required agreements have been executed;
(3) any other license or certificate required by other
appropriate State units has been issued to the provider;
(4) the provider has submitted all proposed
advertisements, advertising campaigns, and other
promotional materials for the program; and
(5) the material submitted is not an advertisement,
advertising campaign, or other promotional material that
is deceptive, misleading, or likely to mislead.
If a provider intends to advertise before the Department
issues a certificate of registration, the provider shall
submit to the Department any advertisement, advertising
campaign, or other promotional materials before using it.
(g) Every 2 years, within 120 days after the end of a
provider's fiscal year, a provider shall file an application
for a renewal certificate of registration with the Department.
The application shall:

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(A) be filed in a form determined by the
Department by rule; and
(B) contain any reasonable and pertinent
information that the Department requires.
(h) The Department shall issue a renewal certificate of
registration under subsection (g) if the Department determines
that:
(1) all required documents have been filed and are
satisfactory;
(2) any revised agreements for at-home continuing care
services meet the Department's requirements;
(3) the provider has submitted all proposed
advertisements, advertising campaigns, and other
promotional materials for the program; and
(4) the form and substance of all advertisements,
advertising campaigns, and other promotional materials
submitted are not deceptive, misleading, or likely to
mislead.
(i) The Department may deny, suspend, or revoke a
preliminary, initial, or renewal certificate of registration
under this Section for cause. The Department shall set forth
in writing its reasons for a denial, suspension, or
revocation. A provider may appeal a denial in writing. Grounds
for a denial, suspension, or revocation include, but are not
limited to:
(1) violation of this Section;

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(2) violation of a rule adopted by the Department
under this Section;
(3) misrepresentation; or
(4) submission of false information.