Public Act 103-0332
 
HB3060 EnrolledLRB103 27769 CPF 54147 b


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