Full Text of SB2271 103rd General Assembly
SB2271enr 103RD GENERAL ASSEMBLY |
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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) A 2-year An annual license shall be issued to
any | 23 | | person conducting or maintaining a home health agency upon | 24 | | receipt
of an application and payment of the
licensure fee, | 25 | | and when
the other requirements of this Act, and the | 26 | | standards, rules and
regulations promulgated hereunder, are |
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| 1 | | met. The fee for each single home health agency license or any
| 2 | | renewal shall be $1,500 $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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