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| 1 | AN ACT concerning regulation. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Home Health, Home Services, and Home | ||||||
| 5 | Nursing Agency Licensing Act is amended by changing Section 4 | ||||||
| 6 | as follows: | ||||||
| 7 | (210 ILCS 55/4) (from Ch. 111 1/2, par. 2804) | ||||||
| 8 | Sec. 4. Types of licenses. | ||||||
| 9 | (a) If an applicant for licensure has not been previously | ||||||
| 10 | licensed, or if the home health agency, home services agency, | ||||||
| 11 | or home nursing agency is not in operation at the time | ||||||
| 12 | application is made, the Department may issue a provisional | ||||||
| 13 | license. A provisional license shall be valid for a period of | ||||||
| 14 | 240 days unless sooner suspended or revoked pursuant to | ||||||
| 15 | Section 9 of this Act. Within 30 days prior to the termination | ||||||
| 16 | of a provisional license, the Department shall inspect the | ||||||
| 17 | agency and, if the applicant substantially meets the | ||||||
| 18 | requirements for licensure, it shall issue a license under | ||||||
| 19 | this Section. If the Department finds that a holder of a | ||||||
| 20 | provisional license does not substantially meet the | ||||||
| 21 | requirements for licensure, but has made significant progress | ||||||
| 22 | toward meeting those requirements, the Director may renew the | ||||||
| 23 | provisional license once for a period not to exceed 90 days | ||||||
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| 1 | from the expiration date of the initial provisional license. | ||||||
| 2 | (b)(1) The Director may also issue a provisional license | ||||||
| 3 | to any licensed agency which does not substantially comply | ||||||
| 4 | with the provisions of this Act and the rules promulgated | ||||||
| 5 | hereunder, provided he finds that the health, safety, and | ||||||
| 6 | well-being of the clients of the agency will be protected | ||||||
| 7 | during the period for which such provisional license is | ||||||
| 8 | issued. The term of such provisional license shall not exceed | ||||||
| 9 | 120 days. | ||||||
| 10 | (2) The Director shall advise the licensee of the | ||||||
| 11 | conditions under which such provisional license is issued, | ||||||
| 12 | including the manner in which the licensee fails to comply | ||||||
| 13 | with the provisions of the Act or rules, and the time within | ||||||
| 14 | which the corrections necessary for the agency to | ||||||
| 15 | substantially comply with the Act and rules shall be | ||||||
| 16 | completed. | ||||||
| 17 | (3) The Director, at his discretion, may extend the term | ||||||
| 18 | of such provisional license for an additional 120 days, if he | ||||||
| 19 | finds that the agency has made substantial progress toward | ||||||
| 20 | correcting the violations and bringing the agency into full | ||||||
| 21 | compliance with this Act and the rules promulgated hereunder. | ||||||
| 22 | (c) A 2-year license shall be issued to any person | ||||||
| 23 | conducting or maintaining a home health agency upon receipt of | ||||||
| 24 | an application and payment of the licensure fee, and when the | ||||||
| 25 | other requirements of this Act, and the standards, rules and | ||||||
| 26 | regulations promulgated hereunder, are met. The fee for each | ||||||
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| 1 | single home health agency license or any renewal shall be | ||||||
| 2 | $1,500. Notwithstanding any other provision of this Section, | ||||||
| 3 | the Department may not charge any fee to a certified local | ||||||
| 4 | health department in connection with the licensure of a home | ||||||
| 5 | health agency. | ||||||
| 6 | (d) The Department shall establish, by rule, a system | ||||||
| 7 | whereby an entity that meets the requirements for licensure | ||||||
| 8 | may obtain licensure singly or in any combination for the | ||||||
| 9 | categories authorized under this Act. Applicants for multiple | ||||||
| 10 | licenses under this system shall pay the applicable license | ||||||
| 11 | fees for each license. Fees collected under this system shall | ||||||
| 12 | be deposited into the Home Care Services Agency Licensure | ||||||
| 13 | Fund. | ||||||
| 14 | (Source: P.A. 103-257, eff. 1-1-24.) | ||||||
| 15 | Section 10. The Hospice Program Licensing Act is amended | ||||||
| 16 | by changing Section 5 as follows: | ||||||
| 17 | (210 ILCS 60/5) (from Ch. 111 1/2, par. 6105) | ||||||
| 18 | Sec. 5. Application for License. An application for | ||||||
| 19 | license or renewal thereof to operate as a comprehensive or | ||||||
| 20 | volunteer hospice program shall be made to the Department upon | ||||||
| 21 | forms provided by it, and shall contain information reasonably | ||||||
| 22 | required by the Department, taking into consideration the | ||||||
| 23 | different categories of hospice programs. The application | ||||||
| 24 | shall be accompanied by: | ||||||
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| 1 | (1) The hospice service plan; | ||||||
| 2 | (2) A financial statement containing information | ||||||
| 3 | deemed appropriate by the Department for the category of | ||||||
| 4 | the applicant; and | ||||||
| 5 | (3) A uniform license fee determined by the Department | ||||||
| 6 | based on the hospice program's category. Notwithstanding | ||||||
| 7 | any other provision of this Section, the Department may | ||||||
| 8 | not charge any fee to a certified local health department | ||||||
| 9 | in connection with the licensure of a hospice program. | ||||||
| 10 | A licensed comprehensive hospice or volunteer hospice that | ||||||
| 11 | is in operation on the effective date of this Act may be issued | ||||||
| 12 | a comprehensive hospice program license under Section 4 if the | ||||||
| 13 | hospice program meets the requirements for a comprehensive | ||||||
| 14 | hospice program set forth in this Act. | ||||||
| 15 | (Source: P.A. 94-570, eff. 8-12-05.) | ||||||