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.)