Section  1253.10  Definitions

 

"Act" means the Home Medical Equipment and Services Provider Act [225 ILCS 51].

 

"Board" means the Home Medical Equipment and Services Board.

 

"Department" means the Department of Professional Regulation.

 

"Director" means the Director of the Department of Professional Regulation.

 

"Provider" means a licensed home medical equipment and services provider as defined in Section 5 of the Act.

 

"Recognized accrediting body" as referenced in the Act and this Part shall mean Joint Commission on Accreditation of Health Care Organizations (JCAHO), Accreditation Commission for Home Care Inc. (ACHC) and any other organization recommended by the Board and approved by the Department.

 

Section  1253.20  Application for Licensure

 

a)         Entities applying for licensure as a home medical equipment and services provider shall file an application with the Department, on forms provided by the Department.   The application shall include the following:

 

1)         The name, location (including street, city, state (no post office box)) and telephone number of the applicant;

 

2)         Certification of insurance from the insurer showing $1,000,000 of commercial general liability insurance, including but not limited to coverage for products liability and professional liability;

 

3)         All trade or business names used by the applicant;

 

4)         A list of categories of services provided;

 

5)         Medicare Identification Number (if applicable);

 

6)         Name of the person in charge of the day to day operation of the business;

 

7)         The type of ownership or operation (i.e., partnership, limited liability company, corporation or sole proprietorship).  If a corporation, a copy of the articles of incorporation;

 

8)         The name of the owner and/or operator of the entity, including:

 

A)        The name of the person, if a person;

 

B)        The name of each partner and the name of the partnership, if a partnership;

 

C)        The name and title of each corporate officer and director, the corporate names, the name of the state where incorporated and the name of the parent company, if any, if a corporation;

 

D)        The full name of the sole proprietor and the name of the business entity, if a sole proprietorship; or

 

E)        The full name and title of each member with 5% or more ownership and each manager of a limited liability company and the name of the state where organized and a copy of the articles of organization and the name of any parent company, if any;

 

9)         The fee set forth in Section 1253.70  of this Part;

 

10)       Certification, signed by an authorized representative of the entity, indicating that  the business:

 

A)        maintains a physical facility and  a medical equipment inventory;

 

B)        maintains records of education, training and experience and annual continuing education for personnel engaged in the delivery, maintenance, repair, cleaning, inventory control and financial management of home medical equipment and services;

 

C)        maintains records on all patients to whom it provides home medical equipment and services that include any training, education and other information pertinent to the use and maintenance of equipment or the services provided.  Patients' records shall include, but not be limited to, name of patient and address, type of service provided, payer requirements and other pertinent information for the service level or specific product provided.  The provider shall have adequate security measures to maintain confidential records;

 

D)        establishes and maintains equipment management and personnel policies such as, but not limited to, security operation, tracking and maintenance of equipment, customer service complaints;

 

E)        complies with  State and federal laws applicable to the type of services provided; and

 

F)         provides access to emergency services 24 hours a day, 7 days a week for life sustaining home medical equipment and services.

 

b)         A separate license is required for each facility and only one license will be issued per address where business is conducted.

 

c)         When the address or name of a facility is changed, the licensee shall be required to notify the Department, obtain a corrected license and pay the required fee set forth in Section 1253.70.

 

d)         Changes in person in charge of day to day operation shall be submitted to the Department, on forms provided by the Department, within 30 days after such change.

 

e)         An applicant may be required to appear before the Board to further evaluate the entity's qualifications for licensure.

 

Section 1253.30  Personnel

 

The provider shall employ personnel with the education, training and experience necessary to safely and lawfully provide home medical equipment and services.  The training shall be appropriate to the equipment and scope of services provided by the individual. As a condition for receiving and retaining a provider license, the licensee shall require each person employed in the home medical equipment and services business to have education, training and experience, or any combination thereof, sufficient for that person to perform the assigned functions.   The licensee is responsible for ensuring that employees complete continuing education on an annual basis.  Documentation of this education, training, experience and continuing education shall be maintained by the provider in the employee file.

 

Section  1253.40  Laws Applicable to Home Medical Equipment and Service Providers

 

No registrant shall violate any of the following laws or regulations or other State and federal laws that apply to the type of home medical equipment and services provided:

 

a)         Illinois Food, Drug and Cosmetic Act [410 ILCS 620].

 

b)         Federal Food, Drug and Cosmetic Act [21 USC 301 et seq. (1976)].

 

c)         Occupational Safety and Health (OSHA) Standards (29 CFR 1910).

 

d)         Department of Transportation federal regulations (49 CFR 238).

 

Section 1253.50  Change of Ownership

 

a)         When the business changes ownership, a new application shall be filed with the Department in accordance with Section  1253.20.

 

b)         Change of  ownership is defined as, but not limited to:

 

1)         whenever  the controlling entity of the licensee changes; or

 

2)         change in the legal form under which the controlling entity is organized.

 

Section 1253.60  Change of Operations

 

a)         The license shall not be valid:

 

1)         When the business ceases operation;

 

2)         When the entity ceases to operate under the name on the license;

 

3)         When the insurance is nonrenewed or cancelled; or

 

4)         When the license is revoked.

 

b)         The licensee shall notify the Department in writing within 30 days when the business ceases to operate or ceases to operate under the name on the certificate.

 

c)         In the event of a change of the business name, the licensee shall apply for a corrected license in advance of the effective date of such change by notifying the Department, on forms provided by the Department, and paying the appropriate fee as set forth in Section 1253.70.

 

d)         All notices required by this Section shall be sent to the Department at 320 West Washington, 3rd Floor, Springfield, Illinois  62786.

 

Section 1253.70  Fees

 

The following fees shall be paid to the Department and are not refundable:

 

a)         Application Fees. The fee for application for a license as a home medical equipment and services provider is  $300.

 

b)         Renewal Fees. The fee for the renewal of a license shall be calculated at the rate of $100 per year.

 

c)         General Fees.

 

1)         The fee for a certification of a licensee's record for any purpose is $20.

 

2)         The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

 

3)         The fee for a roster of entities licensed as home medical equipment and services providers in this State shall be the actual cost of producing the roster.

 

4)         The fee for issuance of a duplicate license or a replacement license for a license that has been lost or destroyed, other than during the renewal period, is $20.

 

5)         The fee for the issuance of a license with a change of name or a change of address is $150.

 

Section 1253.80  Renewals

 

a)         The first renewal period for registration issued under the Act shall be March 2003 and every three years thereafter.  The holder of a registration may renew the registration 60 days prior to the expiration date by filing an application with the Department including:

 

1)         proof of $1,000,000 commercial general liability insurance, including but not limited to coverage for product liability and professional liability; and

 

2)         the required fee set forth in Section 1253.70.

 

b)         If a licensee is currently certified by a recognized national accrediting body such as JCAHO and ACHA, proof of such accreditation shall be submitted with the renewal.  If a licensee does not submit the certification or is not certified by a recognized accrediting body, the Department shall inspect the facility pursuant to Section 90 of the Act.

 

c)         It is the responsibility of each registrant to notify the Department of any change of mailing address.  Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee or to renew one's license.

 

Section  1253.90  Dishonorable, Unethical or Unprofessional Conduct

 

a)         The Department may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action, based upon its finding of dishonorable, unethical, or unprofessional conduct within the meaning of Section 75 of the Act, which is interpreted to include, but is not limited to, the following acts or practices:

 

1)         Practicing, condoning, facilitating or collaborating with any form of discrimination against any person or group on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, mental or physical handicap, or any other preference or personal characteristic, condition or status.

 

2)         Failing to offer all facts regarding services or equipment to the client prior to administration of services (such as proper use and maintenance of equipment, warranty information, etc.).  Patients and caregivers shall be informed of their rights and obligations regarding the sale, rental, and service of home medical equipment.

 

3)         Failing to protect the privacy of patient information and disclosing such information without proper authorization, except as required by law.

 

4)         Performing or allowing employees to perform professional services beyond their scope of practice and competency.

 

5)         Failing to establish and maintain client records.

 

6)         Submission of fraudulent claims for services to any person or entity, including, but not limited to, health insurance companies or health service plans or third party payors.

 

b)         The Department hereby incorporates by reference "Code of Ethics", November 1998,  approved by the National Association for Medical Equipment Services (NAMES), 625 Slaters Lane, Suite 200, Alexandria, VA 22314-1171, and by the Illinois Association of Medical Equipment Services, c/o IHCC, 222 West Ontario, Suite 420, Chicago IL  60610,  with no later amendments or editions.

 

Section 1253.100  Granting Variances

 

a)         The Director of the Department may grant variances from this Part in individual cases when he/she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Board of the granting of the variance, and the reasons therefor, at the next meeting of the Board.