Full Text of HB2251 103rd General Assembly
HB2251 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2251 Introduced 2/14/2023, by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: |
| 210 ILCS 55/4 | from Ch. 111 1/2, par. 2804 | 210 ILCS 55/5 | from Ch. 111 1/2, par. 2805 | 210 ILCS 55/7 | from Ch. 111 1/2, par. 2807 | 210 ILCS 55/9.02 | from Ch. 111 1/2, par. 2809.02 |
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Amends the Home Health, Home Services, and Home Nursing Agency Licensing Act. Provides that (i) a professional license shall be valid for a period of 240 days (rather than 120 days) unless sooner suspended or revoked, (ii) the Director of Public Health may renew a provisional license once for a period not to exceed 90 days (rather than 120 days) from the expiration date of the initial provisional license, and (iii) the fee for each single home health agency license or any renewal shall be $1,000 (rather than $25). Removes language requiring the Department of Public Health to develop and implement one application to be used even if a combination of licenses authorized under the Act is sought. Provides that the Home Health
and Home Services Advisory Committee shall be composed of 15 voting members and one nonvoting member (rather than just 15 members). Provides that 2 (rather than one) of the voting members shall be individuals who represent an organization that advocates for consumers, and the nonvoting member shall be a home services worker. Provides that if the Department finds that a violation does not pose a substantial risk to the health or safety of an agency's clients or patients, the Department may choose to request a plan of correction for the Department's approval prior to issuing a notice of violation to the agency. Provides that 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. Makes other changes.
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| | A BILL FOR |
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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 Sections | 6 | | 4, 5, 7, and 9.02 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 | | 240 120 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 90 120 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) An annual 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 | | $1,000 $25 . | 3 | | (d) The Department shall establish, by rule, a system | 4 | | whereby an entity that meets the requirements for licensure | 5 | | may obtain licensure singly or in any combination for the | 6 | | categories authorized under this Act. The Department shall | 7 | | develop and implement one application to be used even if a | 8 | | combination of licenses authorized under the Act is sought. | 9 | | Applicants for multiple licenses under this system shall pay | 10 | | the higher of the licensure fees applicable license fees for | 11 | | each license . Fees collected under this system shall be | 12 | | deposited into the Home Care Services Agency Licensure Fund.
| 13 | | (Source: P.A. 94-379, eff. 1-1-06.)
| 14 | | (210 ILCS 55/5) (from Ch. 111 1/2, par. 2805)
| 15 | | Sec. 5.
(a) Each application for a provisional license for | 16 | | a home health agency , home services agency, home nursing | 17 | | agency, home services placement agency, or home nursing | 18 | | placement agency provisional license as provided in Section 4 | 19 | | shall contain
the following information: (1) name, address and | 20 | | location of
the agency; (2) organization and governing | 21 | | structure of agency;
(3) number and qualification of staff; | 22 | | (4) sources of financing
of services and agency; (5) service | 23 | | area; (6) patient load; (7)
agency utilization; (8) service | 24 | | charges; (9) affiliation
agreements with other health care | 25 | | providers;
and (10) such other information as the Department |
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| 1 | | may require.
| 2 | | (b) Applications for licenses to be effective on and after
| 3 | | March 1, 1978, shall be in accordance with departmental | 4 | | regulations.
| 5 | | (Source: P.A. 80-804.)
| 6 | | (210 ILCS 55/7) (from Ch. 111 1/2, par. 2807)
| 7 | | Sec. 7. (a) The Director shall appoint a Home Health
and | 8 | | Home Services Advisory Committee composed of 15 voting members | 9 | | and one nonvoting member persons to advise and consult
with | 10 | | the Director in the administration of this Act. Five of
the | 11 | | appointed voting members shall represent the home health | 12 | | agency
profession.
Of these 5, one shall represent voluntary | 13 | | home health agencies, one shall
represent for-profit home | 14 | | health agencies, one shall represent private
not-for-profit | 15 | | home health agencies, one shall represent institution-based
| 16 | | home health agencies, and one shall represent home health | 17 | | agencies operated
by local health departments. Four of the | 18 | | appointed voting members shall represent the home services | 19 | | agency profession. Four of the appointed
voting members shall | 20 | | represent the general public in the following categories: one | 21 | | individual who is a consumer of home health services or a | 22 | | family member of a consumer of home health services; one | 23 | | individual who is a consumer of home services or a family | 24 | | member of a consumer of home services; and two individuals who | 25 | | represent an one individual who is a home services worker; and |
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| 1 | | one individual who is a representative of an organization that | 2 | | advocates for consumers.
One voting member shall be a | 3 | | practicing Illinois licensed physician; and one voting member
| 4 | | shall be an Illinois registered professional nurse with home | 5 | | health agency
experience. The nonvoting member shall be a home | 6 | | services worker. The recommendations of professional, home | 7 | | health industry, and home services industry organizations may | 8 | | be considered in selecting
individuals for appointment to the | 9 | | Home Health and Home Services Advisory Committee.
| 10 | | (b) Each member shall hold office for a term of 3 years,
| 11 | | except that any member appointed to fill a vacancy occurring
| 12 | | prior to the expiration of the
term for which his predecessor | 13 | | was appointed shall be appointed
for the remainder of such | 14 | | term and the terms of office of the
members first taking office | 15 | | shall expire, as designated at the
time of appointment, one at | 16 | | the end of the first year, one at
the end of the second year, | 17 | | and 3 at the end of the third year.
The term of office of each | 18 | | of the original appointees shall
commence on January 1, 1978.
| 19 | | (c) The term of office of each of the 6 members appointed | 20 | | to the
Committee as a result of this amendatory Act of 1989 | 21 | | shall commence on
January 1, 1990. The terms of office of the 6 | 22 | | members appointed as a
result of this amendatory Act of 1989 | 23 | | shall expire, as designated at the
time of appointment, 2 at | 24 | | the end of the first year, 2 at the end of the
second year, and | 25 | | two at the end of the third year.
| 26 | | (d) The Committee shall meet as frequently
as the Director |
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| 1 | | deems necessary. Committee members, while
serving on business | 2 | | of the Committee, shall receive actual
and necessary travel | 3 | | and subsistence expenses while so serving
away from their | 4 | | places of residence. | 5 | | (e) The Committee shall provide input and recommendations | 6 | | to the Department on the development of rules for the | 7 | | licensure of home services agencies and home nursing agencies | 8 | | operating in this State. On or before July 1, 2007, the | 9 | | Committee shall issue an interim report to the General | 10 | | Assembly on the status of development and implementation of | 11 | | the rules for home services agency and home nursing agency | 12 | | licensure.
| 13 | | (Source: P.A. 94-379, eff. 1-1-06.)
| 14 | | (210 ILCS 55/9.02) (from Ch. 111 1/2, par. 2809.02)
| 15 | | Sec. 9.02. When the Department determines that an agency | 16 | | is
in violation of this Act or any rule promulgated hereunder, | 17 | | a notice of
violation shall be served upon the licensee. | 18 | | However, if the Department finds that the violation does not | 19 | | pose a substantial risk to the health or safety of the agency's | 20 | | clients or patients, the Department may choose to request a | 21 | | plan of correction for the Department's approval prior to | 22 | | issuing the notice of violation. If the agency fails to submit | 23 | | an acceptable plan of correction or fails to implement a | 24 | | Department-approved plan of correction within the time | 25 | | provided by the Department, the Department shall then issue |
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| 1 | | the notice of violation. Each notice of violation
shall be | 2 | | prepared in writing and shall specify the nature of the | 3 | | violation
and the statutory provision or rule alleged to have | 4 | | been violated. The
notice shall inform the licensee of any | 5 | | action the Department may take
under this Act, including the | 6 | | requirement of an agency plan of
correction under Section | 7 | | 9.03, assessment of a penalty under Section 9.04,
or licensure | 8 | | action under Section 9. The Director or his designee shall
| 9 | | also inform the licensee of rights to a hearing under Section | 10 | | 10.
| 11 | | (Source: P.A. 94-379, eff. 1-1-06.)
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