HB3361ham001 104TH GENERAL ASSEMBLY

Rep. Kevin John Olickal

Filed: 3/17/2025

10400HB3361ham001 LRB104 10723 BAB 23797 a

AMENDMENT TO HOUSE BILL 3361

AMENDMENT NO. ______. Amend House Bill 3361 by replacing everything after the enacting clause with the following:

"Section 5. The Life Care Facilities Act is amended by changing Sections 2 and 10.4 and by adding Sections 13 and 14 as follows:

(210 ILCS 40/2) (from Ch. 111 1/2, par. 4160-2)

Sec. 2. As used in this Act, unless the context otherwise requires:

(a) "Department" means the Department of Public Health.

(b) "Director" means the Director of the Department.

(c) "Life care contract" means a contract to provide to a person for the duration of such person's life or for a term in excess of one year, nursing services, medical services or personal care services, in addition to maintenance services for such person in a facility, conditioned upon the transfer of an entrance fee to the provider of such services in addition to or in lieu of the payment of regular periodic charges for the care and services involved.

(d) "Provider" means a person who provides services pursuant to a life care contract.

(e) "Resident" means a person who enters into a life care contract with a provider, or who is designated in a life care contract to be a person provided with maintenance and nursing, medical or personal care services.

(f) "Facility" means a place or places in which a provider undertakes to provide a resident with nursing services, medical services or personal care services, in addition to maintenance services for a term in excess of one year or for life pursuant to a life care contract. The term also means a place or places in which a provider undertakes to provide such services to a non-resident.

(g) "Living unit" means an apartment, room or other area within a facility set aside for the exclusive use of one or more identified residents.

(h) "Entrance fee" means an initial or deferred transfer to a provider of a sum of money or property, made or promised to be made by a person entering into a life care contract, which assures a resident of services pursuant to a life care contract.

(i) "Permit" means a written authorization to enter into life care contracts issued by the Department to a provider.

(j) "Medical services" means those services pertaining to medical or dental care that are performed in behalf of patients at the direction of a physician licensed under the Medical Practice Act of 1987 or a dentist licensed under the Illinois Dental Practice Act by such physicians or dentists, or by a registered or licensed practical nurse as defined in the Nurse Practice Act or by other professional and technical personnel.

(k) "Nursing services" means those services pertaining to the curative, restorative and preventive aspects of nursing care that are performed at the direction of a physician licensed under the Medical Practice Act of 1987 by or under the supervision of a registered or licensed practical nurse as defined in the Nurse Practice Act.

(l) "Personal care services" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well-being of an individual, who is incapable of maintaining a private, independent residence or who is incapable of managing his person whether or not a guardian has been appointed for such individual.

(m) "Maintenance services" means food, shelter and laundry services.

(n) "Certificates of Need" means those permits issued pursuant to the Illinois Health Facilities Planning Act as now or hereafter amended.

(o) "Non-resident" means a person admitted to a facility who has not entered into a life care contract.

(p) "At-home continuing care" means a program providing or committing to provide a range of services to an individual in the individual's private residence, either directly or indirectly by a provider, and/or access to amenities at the provider's affiliated locations, pursuant to a life care contract and payment of an entrance fee.

(q) "At-home continuing care agreement" means a written contract to provide a person with services and supports, based upon the person's needs, in his or her own residence or at the community's affiliated locations for an entrance fee.

(r) "At-home continuing care services" includes, but is not limited to, coordinated at-home care, management, wellness programs, health assessments, health information and referral, home safety evaluation, homemaker services, assistance with activities of daily living, personal emergency response systems, chronic disease management, professional nursing services, home care services, assisted living, and skilled nursing care.

(s) "Continuing Care at Home" or "CCaH" has the same meaning as "at-home continuing care".

(t) "Provider" means any corporation, partnership, or other entity that provides or offers to provide at-home continuing care and that operates a life care community.

(u) "Subscriber" means a person who contracts for at-home continuing care and resides in a private residence off of a continuing care retirement community campus.

(Source: P.A. 95-639, eff. 10-5-07.)

(210 ILCS 40/10.4)

Sec. 10.4. 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 are available at the time of filing the application and that have 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.

The Department shall issue the preliminary certificate of registration to a provider or inform the provider of the Department's decision to deny the preliminary certificate of registration no later than 30 days after the provider submits a completed application.

(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 material 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.

The Department shall issue the certificate of registration to a provider or inform the provider of the Department's decision to deny the certificate of registration no later than 30 days after the provider submits a completed application.

(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.

The Department shall issue the renewal certificate of registration to a provider, or inform the provider of the Department's decision to deny the renewal certificate of registration, no later than 30 days after the provider submits a completed application.

(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.

(Source: P.A. 103-332, eff. 1-1-24; 103-605, eff. 7-1-24.)

(210 ILCS 40/13 new)

Sec. 13. At-home continuing care utilization.

(a) A provider is eligible for a certificate of registration when the provider presents the Department with:

(1) a reasonable financial plan to provide at-home continuing care services, including a plan for the number of agreements to be executed before beginning operation;

(2) a market study for the at-home continuing care program;

(3) all proposed advertisements, advertising campaigns, and other promotional materials for the program, such that the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted are not deceptive, misleading, or likely to mislead; and

(4) an actuarial forecast that supports the market for the program.

(b) A reasonable financial plan to provide at-home continuing care services includes execution of 25% of agreements necessary to meet the year-one actuarial forecast for the market to support the program.

(210 ILCS 40/14 new)

Sec. 14. Personnel.

(a) Each person employed by or under a contract with a provider shall meet each of the following requirements:

(1) Be at least 16 years of age, of temperate habits and good moral character, honest, reliable, and trustworthy.

(2) Have completed at least eight years of grade school or provide proof of equivalent knowledge.

(3) Provide evidence of prior employment or occupation, if any, and residence for two years prior to present employment.

(b) A provider shall comply with the Health Care Worker Background Check Act and the Health Care Worker Background Check Code for each person employed by or under a contract with a provider and who will enter a subscriber's home to provide at-home continuing care services.

(c) A provider shall check the status of all personnel applicants with the Nurse Aide Registry prior to hiring and shall not hiring any individual who has a finding of abuse, neglect, or misappropriation of property on the Nurse Aide Registry.

(d) Prior to employing or contracting with any individual in a position that requires a State professional license in the health care field, the provider shall check the status of the individual's license with the Illinois Department of Financial and Professional Regulation to verify that the individual's license is active.".