Full Text of HB3060 103rd General Assembly
HB3060 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3060 Introduced 2/17/2023, by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: |
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Amends the Life Care Facilities Act. Requires the Department of Public Health to adopt rules meeting specified requirements for providers of at-home continuing care. Tasks the Department with issuing preliminary certificates of registration, certificates of registration, and renewal certificates of registration to providers of at-home continuing care. Requires providers to renew their registrations every 2 years. Allows the Department to deny, suspend, or revoke a preliminary, initial, or renewal certificate of registration for cause. Contains other provisions.
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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 Life Care Facilities Act is amended by | 5 | | adding Section 10.3 as follows: | 6 | | (210 ILCS 40/10.3 new) | 7 | | Sec. 10.3. Provision of at-home continuing care. | 8 | | (a) The Department shall adopt rules that: | 9 | | (1) establish standards for providers of at-home | 10 | | continuing care; | 11 | | (2) provide for the certification and registration of | 12 | | providers of at-home continuing care and the annual | 13 | | renewal of certificates of registration; | 14 | | (3) provide for and encourage the establishment of | 15 | | at-home continuing care programs; | 16 | | (4) set minimum requirements for any individual who is | 17 | | employed by or under contract with a provider of at-home | 18 | | continuing care and who will enter a provider of at-home | 19 | | continuing care's subscriber's home to provide at-home | 20 | | continuing care services, including requirements for | 21 | | criminal background checks of such an individual who will | 22 | | have routine, direct access to a subscriber; | 23 | | (5) establish standards for the renewal of |
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| 1 | | certificates of registration for providers of at-home | 2 | | continuing care; | 3 | | (6) establish standards for the number of executed | 4 | | agreements necessary to begin operation as a provider of | 5 | | at-home continuing care; | 6 | | (7) establish standards for when and how a provider of | 7 | | at-home continuing care or a subscriber may rescind an | 8 | | at-home continuing care agreement before at-home | 9 | | continuing care services are provided to the subscriber; | 10 | | (8) allow a subscriber to rescind an agreement for | 11 | | at-home continuing care services at any time if the terms | 12 | | of the agreement violate this Section; | 13 | | (9) establish that a provider may terminate an | 14 | | agreement to provide at-home continuing care services or | 15 | | discharge a subscriber only for just cause; and | 16 | | (10) establish procedures to carry out a termination | 17 | | or discharge under paragraph (9). | 18 | | (b) The Department shall certify and register a person as | 19 | | a provider of at-home continuing care services under this | 20 | | Section if the Department determines that: | 21 | | (1) a reasonable financial plan has been developed to | 22 | | provide at-home continuing care services, including a plan | 23 | | for the number of agreements to be executed before | 24 | | beginning operation; | 25 | | (2) a market for the at-home continuing care program | 26 | | exists; |
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| 1 | | (3) the provider has submitted all proposed | 2 | | advertisements, advertising campaigns, and other | 3 | | promotional materials for the program; | 4 | | (4) the form and substance of all advertisements, | 5 | | advertising campaigns, and other promotional materials | 6 | | submitted are not deceptive, misleading, or likely to | 7 | | mislead; and | 8 | | (5) an actuarial forecast supports the market for the | 9 | | program. | 10 | | (c) A provider may not enter into an agreement to provide | 11 | | at-home continuing care services until the Department issues a | 12 | | preliminary certificate of registration to the provider. An | 13 | | application for a preliminary certificate of registration | 14 | | shall: | 15 | | (1) be filed in a form determined by the Department by | 16 | | rule; and | 17 | | (2) include: | 18 | | (A) a copy of the proposed at-home continuing care | 19 | | agreement; and | 20 | | (B) the form and substance of any proposed | 21 | | advertisements, advertising campaigns, or other | 22 | | promotional materials for the program that is | 23 | | available at the time of filing the application and | 24 | | that has not been filed previously with the | 25 | | Department. | 26 | | (d) The Department shall issue a preliminary certificate |
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| 1 | | of registration to a provider under subsection (c) if the | 2 | | Department determines that: | 3 | | (1) the proposed at-home continuing care agreement is | 4 | | satisfactory; | 5 | | (2) the provider has submitted all proposed | 6 | | advertisements, advertising campaigns, and other | 7 | | promotional materials for the program; and | 8 | | (3) the form and substance of all advertisements, | 9 | | advertising campaigns, and other promotional materials | 10 | | submitted are not deceptive, misleading, or likely to | 11 | | mislead. | 12 | | (e) A person may not provide at-home continuing care | 13 | | services until the Department issues a certificate of | 14 | | registration to the person. An application for a certificate | 15 | | of registration shall: | 16 | | (1) be filed in a form determined by the Department by | 17 | | rule; and | 18 | | (2) include: | 19 | | (A) verification that the required number of | 20 | | agreements has been executed; | 21 | | (B) the form and substance of any proposed | 22 | | advertisements, advertising campaigns, or other | 23 | | promotional materials for the program that are | 24 | | available at the time of filing and that have not been | 25 | | filed previously with the Department; and | 26 | | (C) verification that any other license or |
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| 1 | | certificate required by other appropriate State units | 2 | | has been issued to the provider. | 3 | | (f) The Department shall issue a certificate of | 4 | | registration to a provider under subsection (e) if the | 5 | | Department determines that: | 6 | | (1) the information and documents submitted and | 7 | | application for a preliminary certificate of registration | 8 | | are current and accurate or have been updated to make them | 9 | | accurate; | 10 | | (2) the required agreements have been executed; | 11 | | (3) any other license or certificate required by other | 12 | | appropriate State units has been issued to the provider; | 13 | | (4) the provider has submitted all proposed | 14 | | advertisements, advertising campaigns, and other | 15 | | promotional materials for the program; and | 16 | | (5) the material submitted is not an advertisement, | 17 | | advertising campaign, or other promotional material that | 18 | | is deceptive, misleading, or likely to mislead. | 19 | | If a provider intends to advertise before the Department | 20 | | issues a certificate of registration, the provider shall | 21 | | submit to the Department any advertisement, advertising | 22 | | campaign, or other promotional materials before using it. | 23 | | (g) Every 2 years, within 120 days after the end of a | 24 | | provider's fiscal year, a provider shall file an application | 25 | | for a renewal certificate of registration with the Department. | 26 | | The application shall: |
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| 1 | | (A) be filed in a form determined by the | 2 | | Department by rule; and | 3 | | (B) contain any reasonable and pertinent | 4 | | information that the Department requires. | 5 | | (h) The Department shall issue a renewal certificate of | 6 | | registration under subsection (g) if the Department determines | 7 | | that: | 8 | | (1) all required documents have been filed and are | 9 | | satisfactory; | 10 | | (2) any revised agreements for at-home continuing care | 11 | | services meet the Department's requirements; | 12 | | (3) the provider has submitted all proposed | 13 | | advertisements, advertising campaigns, and other | 14 | | promotional materials for the program; and | 15 | | (4) the form and substance of all advertisements, | 16 | | advertising campaigns, and other promotional materials | 17 | | submitted are not deceptive, misleading, or likely to | 18 | | mislead. | 19 | | (i) The Department may deny, suspend, or revoke a | 20 | | preliminary, initial, or renewal certificate of registration | 21 | | under this Section for cause. The Department shall set forth | 22 | | in writing its reasons for a denial, suspension, or | 23 | | revocation. A provider may appeal a denial in writing. Grounds | 24 | | for a denial, suspension, or revocation include, but are not | 25 | | limited to: | 26 | | (1) violation of this Section; |
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| 1 | | (2) violation of a rule adopted by the Department | 2 | | under this Section; | 3 | | (3) misrepresentation; or | 4 | | (4) submission of a false information.
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