| ||||
| Public Act 103-0257 | ||||
| ||||
| ||||
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.)
| ||