Bill Text: IL SB2271 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Home Health, Home Services, and Home Nursing Agency Licensing Act. Provides that (i) a professional license shall be valid for a period of 240 days (rather than 120 days) unless sooner suspended or revoked, (ii) the Director of Public Health may renew a provisional license once for a period not to exceed 90 days (rather than 120 days) from the expiration date of the initial provisional license, and (iii) the fee for each single home health agency license or any renewal shall be $1,000 (rather than $25). Removes language requiring the Department of Public Health to develop and implement one application to be used even if a combination of licenses authorized under the Act is sought. Provides that the Home Health and Home Services Advisory Committee shall be composed of 15 voting members and one nonvoting member (rather than just 15 members). Provides that 2 (rather than one) of the voting members shall be individuals who represent an organization that advocates for consumers, and the nonvoting member shall be a home services worker. Provides that if the Department finds that a violation does not pose a substantial risk to the health or safety of an agency's clients or patients, the Department may choose to request a plan of correction for the Department's approval prior to issuing a notice of violation to the agency. Provides that if the agency fails to submit an acceptable plan of correction or fails to implement a Department-approved plan of correction within the time provided by the Department, the Department shall then issue the notice of violation. Makes other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0257 [SB2271 Detail]

Download: Illinois-2023-SB2271-Chaptered.html

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Public Act 103-0257
SB2271 Enrolled LRB103 30776 CPF 57263 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Sections
4, 5, 7, and 9.02 as follows:
(210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)
Sec. 4. Types of licenses.
(a) If an applicant for licensure has not been previously
licensed, or if the home health agency, home services agency,
or home nursing agency is not in operation at the time
application is made, the Department may issue a provisional
license. A provisional license shall be valid for a period of
240 120 days unless sooner suspended or revoked pursuant to
Section 9 of this Act. Within 30 days prior to the termination
of a provisional license, the Department shall inspect the
agency and, if the applicant substantially meets the
requirements for licensure, it shall issue a license under
this Section. If the Department finds that a holder of a
provisional license does not substantially meet the
requirements for licensure, but has made significant progress
toward meeting those requirements, the Director may renew the
provisional license once for a period not to exceed 90 120 days

from the expiration date of the initial provisional license.
(b)(1) The Director may also issue a provisional license
to any licensed agency which does not substantially comply
with the provisions of this Act and the rules promulgated
hereunder, provided he finds that the health, safety, and
well-being of the clients of the agency will be protected
during the period for which such provisional license is
issued. The term of such provisional license shall not exceed
120 days.
(2) The Director shall advise the licensee of the
conditions under which such provisional license is issued,
including the manner in which the licensee fails to comply
with the provisions of the Act or rules, and the time within
which the corrections necessary for the agency to
substantially comply with the Act and rules shall be
completed.
(3) The Director, at his discretion, may extend the term
of such provisional license for an additional 120 days, if he
finds that the agency has made substantial progress toward
correcting the violations and bringing the agency into full
compliance with this Act and the rules promulgated hereunder.
(c) A 2-year An annual license shall be issued to any
person conducting or maintaining a home health agency upon
receipt of an application and payment of the licensure fee,
and when the other requirements of this Act, and the
standards, rules and regulations promulgated hereunder, are

met. The fee for each single home health agency license or any
renewal shall be $1,500 $25.
(d) The Department shall establish, by rule, a system
whereby an entity that meets the requirements for licensure
may obtain licensure singly or in any combination for the
categories authorized under this Act. The Department shall
develop and implement one application to be used even if a
combination of licenses authorized under the Act is sought.
Applicants for multiple licenses under this system shall pay
the higher of the licensure fees applicable license fees for
each license. Fees collected under this system shall be
deposited into the Home Care Services Agency Licensure Fund.
(Source: P.A. 94-379, eff. 1-1-06.)
(210 ILCS 55/5) (from Ch. 111 1/2, par. 2805)
Sec. 5. (a) Each application for a provisional license for
a home health agency, home services agency, home nursing
agency, home services placement agency, or home nursing
placement agency provisional license as provided in Section 4
shall contain the following information: (1) name, address and
location of the agency; (2) organization and governing
structure of agency; (3) number and qualification of staff;
(4) sources of financing of services and agency; (5) service
area; (6) patient load; (7) agency utilization; (8) service
charges; (9) affiliation agreements with other health care
providers; and (10) such other information as the Department

may require.
(b) Applications for licenses to be effective on and after
March 1, 1978, shall be in accordance with departmental
regulations.
(Source: P.A. 80-804.)
(210 ILCS 55/7) (from Ch. 111 1/2, par. 2807)
Sec. 7. (a) The Director shall appoint a Home Health and
Home Services Advisory Committee composed of 15 voting members
and one nonvoting member persons to advise and consult with
the Director in the administration of this Act. Five of the
appointed voting members shall represent the home health
agency profession. Of these 5, one shall represent voluntary
home health agencies, one shall represent for-profit home
health agencies, one shall represent private not-for-profit
home health agencies, one shall represent institution-based
home health agencies, and one shall represent home health
agencies operated by local health departments. Four of the
appointed voting members shall represent the home services
agency profession. Four of the appointed voting members shall
represent the general public in the following categories: one
individual who is a consumer of home health services or a
family member of a consumer of home health services; one
individual who is a consumer of home services or a family
member of a consumer of home services; and two individuals who
represent an one individual who is a home services worker; and

one individual who is a representative of an organization that
advocates for consumers. One voting member shall be a
practicing Illinois licensed physician; and one voting member
shall be an Illinois registered professional nurse with home
health agency experience. The nonvoting member shall be a home
services worker. The recommendations of professional, home
health industry, and home services industry organizations may
be considered in selecting individuals for appointment to the
Home Health and Home Services Advisory Committee.
(b) Each member shall hold office for a term of 3 years,
except that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor
was appointed shall be appointed for the remainder of such
term and the terms of office of the members first taking office
shall expire, as designated at the time of appointment, one at
the end of the first year, one at the end of the second year,
and 3 at the end of the third year. The term of office of each
of the original appointees shall commence on January 1, 1978.
(c) The term of office of each of the 6 members appointed
to the Committee as a result of this amendatory Act of 1989
shall commence on January 1, 1990. The terms of office of the 6
members appointed as a result of this amendatory Act of 1989
shall expire, as designated at the time of appointment, 2 at
the end of the first year, 2 at the end of the second year, and
two at the end of the third year.
(d) The Committee shall meet as frequently as the Director

deems necessary. Committee members, while serving on business
of the Committee, shall receive actual and necessary travel
and subsistence expenses while so serving away from their
places of residence.
(e) The Committee shall provide input and recommendations
to the Department on the development of rules for the
licensure of home services agencies and home nursing agencies
operating in this State. On or before July 1, 2007, the
Committee shall issue an interim report to the General
Assembly on the status of development and implementation of
the rules for home services agency and home nursing agency
licensure.
(Source: P.A. 94-379, eff. 1-1-06.)
(210 ILCS 55/9.02) (from Ch. 111 1/2, par. 2809.02)
Sec. 9.02. When the Department determines that an agency
is in violation of this Act or any rule promulgated hereunder,
a notice of violation shall be served upon the licensee.
However, if the Department finds that the violation does not
pose a substantial risk to the health or safety of the agency's
clients or patients, the Department may choose to request a
plan of correction for the Department's approval prior to
issuing the notice of violation. If the agency fails to submit
an acceptable plan of correction or fails to implement a
Department-approved plan of correction within the time
provided by the Department, the Department shall then issue

the notice of violation. Each notice of violation shall be
prepared in writing and shall specify the nature of the
violation and the statutory provision or rule alleged to have
been violated. The notice shall inform the licensee of any
action the Department may take under this Act, including the
requirement of an agency plan of correction under Section
9.03, assessment of a penalty under Section 9.04, or licensure
action under Section 9. The Director or his designee shall
also inform the licensee of rights to a hearing under Section
10.
(Source: P.A. 94-379, eff. 1-1-06.)