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90_HB0522ham001
LRB9000457DPccam02
1 AMENDMENT TO HOUSE BILL 522
2 AMENDMENT NO. . Amend House Bill 522 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the the
5 Home Medical Equipment and Services Provider License Act.
6 Section 5. Declaration of legislative findings. The
7 General Assembly finds that home medical equipment and
8 services providers in the State of Illinois affect the
9 public health, welfare, and safety, and therefore finds the
10 regulation and control of those providers to be in the
11 public interest. It is further declared that, as a matter of
12 public policy, home medical equipment and services providers
13 should merit the confidence of the public and, to this end,
14 that only qualified entities be permitted to hold themselves
15 out to the public as home medical equipment and services
16 providers. This Act shall be liberally construed to best
17 carry out these findings.
18 Section 10. Definitions. As used in this Act:
19 (1) "Department" means the Department of
20 Professional Regulation.
21 (2) "Director" means the Director of Professional
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1 Regulation.
2 (3) "Board" means the Home Medical Equipment and
3 Services Board.
4 (4) "Home medical equipment and services provider"
5 or "provider" means a legal entity, as defined by State
6 law, engaged in the business of providing home medical
7 equipment and services, whether directly or through a
8 contractual arrangement, to an unrelated sick or
9 disabled individual where that individual resides.
10 (5) "Home medical equipment and services" means the
11 delivery, installation, maintenance, replacement, or
12 instruction in the use of medical equipment used by a
13 sick or disabled individual to allow the individual to be
14 maintained in his or her residence.
15 (6) "Home medical equipment" means technologically
16 sophisticated medical devices, apparatuses, machines, or
17 other similar articles bearing a label that states
18 "Caution: federal law requires dispensing by or on the
19 order of a physician.", which are usable in a home care
20 setting, including but not limited to:
21 (A) oxygen and oxygen delivery systems;
22 (B) ventilators;
23 (C) respiratory disease management devices,
24 excluding compressor driven nebulizers;
25 (D) wheelchair seating systems;
26 (E) apnea monitors;
27 (F) transcutaneous electrical nerve stimulator
28 (TENS) units;
29 (G) low air-loss cutaneous pressure management
30 devices;
31 (H) sequential compression devices;
32 (I) neonatal home phototherapy devices;
33 (J) enteral feeding pumps; and
34 (K) other similar equipment as defined by the
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1 Board.
2 "Home medical equipment" also includes hospital beds and
3 electronic and computer-driven wheelchairs, excluding
4 scooters.
5 Section 15. Licensure requirement; exempt activities.
6 (a) No entity shall provide home medical equipment and
7 services, or use the title "home medical equipment and
8 services provider" in connection with his or her profession
9 or business, without a license issued by the Department under
10 this Act.
11 (b) Nothing in this Act shall be construed as preventing
12 or restricting the practices, services, or activities of the
13 following, unless those practices, services, or activities
14 include providing home medical equipment and services through
15 a separate legal entity:
16 (1) a person licensed or registered in this State
17 by any other law engaging in the profession or occupation
18 for which he or she is licensed or registered;
19 (2) home health agencies that do not have a Part B
20 Medicare supplier number or that do not engage in the
21 provision of home medical equipment and services;
22 (3) hospitals, excluding hospital-owned and
23 hospital-related providers of home medical equipment and
24 services;
25 (4) manufacturers and wholesale distributors of
26 home medical equipment who do not sell directly to a
27 patient;
28 (5) health care practitioners who lawfully
29 prescribe or order home medical equipment and services,
30 or who use home medical equipment and services to treat
31 their patients, including but not limited to physicians,
32 nurses, physical therapists, respiratory therapists,
33 occupational therapists, speech-language pathologists,
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1 optometrists, chiropractors, and podiatrists;
2 (6) pharmacists, pharmacies, and home infusion
3 pharmacies that are not engaged in the sale or rental of
4 home medical equipment and services;
5 (7) hospice programs that do not involve the sale
6 or rental of home medical equipment and services;
7 (8) nursing homes;
8 (9) veterinarians;
9 (10) dentists; and
10 (11) emergency medical service providers.
11 Section 20. Powers and duties of the Department.
12 (a) The Department shall exercise the powers and duties
13 prescribed by the Civil Administrative Code of Illinois for
14 the administration of licensure Acts and shall exercise other
15 powers and duties necessary for effectuating the purposes of
16 this Act.
17 (b) The Department may adopt rules to administer and
18 enforce this Act, including but not limited to fees for
19 original licensure and renewal and restoration of licenses,
20 and may prescribe forms to be issued to implement this Act.
21 At a minimum, the rules adopted by the Department shall
22 include standards and criteria for licensure and for
23 professional conduct and discipline. The Department shall
24 consult with the Board in adopting rules. Notice of proposed
25 rulemaking shall be transmitted to the Board, and the
26 Department shall review the Board's response and any
27 recommendations made in the response. The Department shall
28 notify the Board in writing with proper explanation of
29 deviations from the Board's recommendations and response.
30 (c) The Department may at any time seek the advice and
31 expert knowledge of the Board on any matter relating to the
32 administration of this Act.
33 (d) The Department shall issue a quarterly report to the
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1 Board of the status of all complaints related to the
2 profession and filed with the Department.
3 Section 25. Home Medical Equipment and Services Board.
4 The Director shall appoint a Home Medical Equipment and
5 Services Board, in consultation with a state association
6 representing the home medical equipment and services
7 industry, to serve in an advisory capacity to the Director.
8 The Board shall consist of 7 members. Four members shall be
9 home medical equipment and services provider
10 representatives, 2 of whom represent businesses grossing less
11 than $500,000 per year in revenues, 2 of whom represent
12 businesses grossing $500,000 or more per year in revenues,
13 and at least one of whom shall also be a pharmacy-based
14 provider. The 3 remaining members shall include one home care
15 clinical specialist, one respiratory care practitioner, and
16 one consumer of home medical equipment and services.
17 Members shall serve 4 year terms and until their
18 successors are appointed and qualified, except that of the
19 initial appointments, the consumer member shall be appointed
20 to serve for one year, 2 members shall be appointed to serve
21 for 2 years, 3 members shall be appointed to serve for 3
22 years, and one member who is a home medical equipment and
23 services provider representative shall be appointed to serve
24 for 4 years, and until their successors are appointed and
25 qualified. No member shall be reappointed to the Board for a
26 term that would cause continuous service on the Board to
27 exceed 8 years. Appointments to fill vacancies shall be made
28 in the same manner as original appointments, for the
29 unexpired portion of the vacated term.
30 The home medical equipment and services provider
31 representatives appointed to the Board shall have engaged in
32 the provision of home medical equipment and services or
33 related home care services for at least 3 years prior to
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1 their appointment, shall be currently engaged in providing
2 home medical equipment and services in the State of Illinois,
3 and must have no record of convictions related to fraud or
4 abuse under either State or federal law.
5 The membership of the Board should reasonably reflect
6 representation from the geographic areas in this State.
7 The Board shall annually elect one of its members as
8 chairperson and vice chairperson.
9 Members of the Board shall receive as compensation a
10 reasonable sum as determined by the Director for each day
11 actually engaged in the duties of the office, and shall be
12 reimbursed for authorized expenses incurred in performing the
13 duties of the office.
14 The Director may terminate the appointment of any member
15 for cause which in the opinion of the Director reasonably
16 justifies the termination.
17 Through consultation with members of a state association
18 for the home medical equipment and services industry, the
19 Board may recommend to the Department rules that specify the
20 medical equipment to be included under this Act, that set
21 standards for the licensure, professional conduct, and
22 discipline of entities that provide home medical equipment
23 and services, and that govern the safety and quality of home
24 medical equipment and services. The Director shall consider
25 the recommendations of the Board.
26 Members of the Board shall be immune from suit in an
27 action based upon any disciplinary proceedings or other
28 activities performed in good faith as members of the Board.
29 A majority of Board members currently appointed shall
30 constitute a quorum. A vacancy in the membership of the Board
31 shall not impair the rights of a quorum to exercise the
32 rights and perform all of the duties of the Board.
33 Section 30. Application for original licensure.
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1 Applications for original licensure shall be made to the
2 Department in writing and signed by the applicant on forms
3 prescribed by the Department and shall be accompanied by a
4 nonrefundable fee set by rule of the Department. The
5 Department may require from an applicant information that, in
6 its judgment, will enable the Department to pass on the
7 qualifications of the applicant for licensure.
8 An applicant has 3 years from the date of application to
9 complete the application process. If the process has not
10 been completed in 3 years, the application shall be denied,
11 the fee shall be forfeited, and the applicant must reapply
12 and meet the requirements in effect at the time of
13 reapplication.
14 Section 35. Qualifications for licensure.
15 (a) An entity is qualified to receive a license as a
16 home medical equipment and services provider if the entity
17 meets each of the following requirements:
18 (1) complies with all applicable federal and State
19 licensure and regulatory requirements;
20 (2) maintains a physical facility and medical
21 equipment inventory. There shall only be one license
22 permitted at each address;
23 (3) establishes proof of commercial general
24 liability insurance, including but not limited to
25 coverage for products liability and professional
26 liability;
27 (4) establishes and provides records of annual
28 continuing education for personnel engaged in the
29 delivery, maintenance, repair, cleaning, inventory
30 control, and financial management of home medical
31 equipment and services;
32 (5) maintains records on all patients to whom it
33 provides home medical equipment and services;
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1 (6) establishes equipment management and personnel
2 policies;
3 (7) makes life sustaining home medical equipment
4 and services available 24 hours per day and 7 days per
5 week;
6 (8) complies with any additional qualifications for
7 licensure as determined by rule of the Department.
8 (b) Notwithstanding the requirements of subsection (a),
9 an applicant may qualify for licensure by submitting
10 documents evidencing accreditation through a recognized
11 national accrediting body based on home care standards. The
12 Department shall issue a license upon receipt of a copy of a
13 valid accreditation letter from a recognized national
14 accrediting body.
15 (c) The Department may request a personal interview of
16 an applicant before the Board to further evaluate the
17 entity's qualifications for licensure.
18 Section 40. Issuance of license. The Department shall
19 begin issuing licenses under this Act within 2 years after
20 the effective date of this Act. The Department shall issue a
21 license to an applicant who has met the requirements of
22 Section 35 and has paid the required application fee.
23 Section 45. Display of license; advertising; penalties.
24 (a) An entity that advertises home medical equipment and
25 services shall, at its place of business, display the license
26 of the entity.
27 (b) No entity that provides home medical equipment
28 services may advertise the equipment and services unless that
29 entity includes in the advertisement the statement "Licensed
30 in the State of Illinois".
31 Section 50. License expiration; renewal. The expiration
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1 date, renewal period, renewal fees, and procedures for
2 renewal of licenses issued under this Act shall be set by
3 rule of the Department. An entity may renew its license by
4 paying the required fee and by meeting the renewal
5 requirements adopted by the Department under this Section.
6 Section 55. Restoration of expired license. A home
7 medical equipment and services provider whose license has
8 expired may have the license restored by making application
9 to the Department, by paying the required fees, and by filing
10 proof acceptable to the Department of fitness to have the
11 license restored as established by rule.
12 Section 65. Fees; returned checks. An entity who delivers
13 a check or other payment to the Department that is returned
14 to the Department unpaid by the financial institution upon
15 which it is drawn shall pay to the Department, in addition to
16 the amount already owed to the Department, a fine of $50. If
17 the check or other payment was for a renewal or issuance fee
18 and that entity operates without paying the renewal or
19 issuance fee and the fine due, an additional fine of $100
20 shall be imposed. The fines imposed by this Section are in
21 addition to any other discipline provided under this Act for
22 unlicensed practice or practice on a nonrenewed license. The
23 Department shall notify the entity that fees and fines shall
24 be paid to the Department by certified check or money order
25 within 30 calendar days of the notification. If, after the
26 expiration of 30 days from the date of the notification, the
27 entity has failed to submit the necessary remittance, the
28 Department shall automatically terminate the license or deny
29 the application without a hearing. If the entity seeks a
30 license after termination or denial, the entity shall apply
31 to the Department for restoration or issuance of the license
32 and pay all fees and fines owed to the Department. The
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1 Department may establish a fee for the processing of an
2 application for restoration of a license to pay all expenses
3 of processing that application. The Director may waive the
4 fines due under this Section in individual cases where the
5 Director finds that the fines would be unreasonable or
6 unnecessarily burdensome.
7 Section 70. Roster of licensees. The Department shall
8 maintain a roster of the names and addresses of all licensees
9 and of all entities whose license has been suspended or
10 revoked within the previous year. This roster shall be
11 available upon written request and payment of the required
12 fee.
13 Section 75. Refused issuance, suspension, or revocation
14 of license. The Department may refuse to issue, renew, or
15 restore a license, or may revoke, suspend, place on
16 probation, reprimand, impose a fine not to exceed $1,000 for
17 each violation, or take other disciplinary action as the
18 Department may deem proper with regard to a licensee for any
19 one or combination of the following reasons:
20 (1) Making a material misstatement in furnishing
21 information to the Department.
22 (2) Negligent or intentional disregard of this Act
23 or its rules.
24 (3) Conviction of a crime under the laws of the
25 United States or any state or territory thereof that is a
26 felony or a misdemeanor, an essential element of which is
27 dishonesty, or conviction of a crime that is directly
28 related to the provision of home medical equipment and
29 services.
30 (4) Making a misrepresentation to obtain licensure
31 or to violate a provision of this Act.
32 (5) Gross negligence in practice under this Act.
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1 (6) Engaging in a pattern of practice or other
2 behavior that demonstrates incapacity or incompetence to
3 practice under this Act.
4 (7) Aiding, assisting, or willingly permitting
5 another person in violating any provision of this Act or
6 its rules.
7 (8) Failing, within 60 days, to provide information
8 in response to a written request made by the Department.
9 (9) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public.
12 (10) Discipline by another state, District of
13 Columbia, territory, or foreign nation, if at least one
14 of the grounds for the discipline is the same or
15 substantially equivalent to one set forth in this Act.
16 (11) Directly or indirectly giving to or receiving
17 from any person, firm, corporation, partnership, or
18 association any fee, commission, rebate, or other form of
19 compensation for any services not actually or personally
20 rendered.
21 (12) A finding that the licensee, after having its
22 license placed on probationary status, has violated the
23 terms of probation.
24 (13) Willfully making or filing false records or
25 reports in the course of providing home medical equipment
26 and services, including but not limited to false records
27 or reports filed with State agencies or departments.
28 (14) Solicitation of business services, other than
29 according to permitted advertising.
30 (15) The use of any words, abbreviations, figures,
31 or letters with the intention of indicating practice as a
32 home medical equipment and services provider without a
33 license issued under this Act.
34 (16) Failure to file a return, or to pay the tax,
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1 penalty, or interest shown in a filed return, or to pay
2 any final assessment of tax, penalty, or interest, as
3 required by any tax Act administered by the Department
4 of Revenue, until such time as the requirements of any
5 such tax Act are satisfied.
6 (17) Failure to comply with federal laws and
7 regulations concerning home medical equipment and
8 services providers.
9 (18) Solicitation of professional services using
10 false or misleading advertising.
11 (19) Failure to display a license in accordance
12 with Section 45.
13 Section 80. Cease and desist order.
14 (a) If any entity violates a provision of this Act, the
15 Director may, in the name of the People of the State of
16 Illinois, through the Attorney General of the State of
17 Illinois, petition for an order enjoining the violation or
18 for an order enforcing compliance with this Act. Upon the
19 filing of a verified petition in court, the court may issue a
20 temporary restraining order, without notice or bond, and may
21 preliminarily and permanently enjoin the violation, and if it
22 is established that the entity has violated or is violating
23 the injunction, the court may punish the offender for
24 contempt of court. Proceedings under this Section shall be
25 in addition to, and not in lieu of, all other remedies and
26 penalties provided by this Act.
27 (b) If an entity holds itself out as a provider of home
28 medical equipment and services without a license issued under
29 this Act, an interested party or any person injured thereby,
30 in addition to the Director, may petition for relief as
31 provided in subsection (a) of this Section.
32 (c) Whenever in the opinion of the Department an entity
33 violates a provision of this Act, the Department may issue a
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1 rule to show cause why an order to cease and desist should
2 not be entered against the entity. The rule shall clearly
3 set forth the grounds relied upon by the Department and shall
4 provide a period of 7 days from the date of the rule to file
5 an answer to the satisfaction of the Department. Failure to
6 answer to the satisfaction of the Department shall cause an
7 order to cease and desist to be issued immediately.
8 Section 85. Unlicensed practice; civil penalty.
9 (a) An entity who practices, offers to practice, attempts
10 to practice, or holds itself out to practice as a home
11 medical equipment and services provider without being
12 licensed under this Act shall, in addition to any other
13 penalty provided by law, pay a civil penalty to the
14 Department in an amount not to exceed $5,000 for each offense
15 as determined by the Department. The civil penalty shall be
16 assessed by the Department after a hearing is held in
17 accordance with the provisions set forth in this Act
18 regarding the provision of a hearing for the discipline of a
19 licensee. The civil penalty shall be paid within 60 days
20 after the effective date of the order imposing the civil
21 penalty. The order shall constitute a judgment and may be
22 filed and executed in the same manner as any judgment from
23 any court of record.
24 (b) The Department may investigate any unlicensed
25 activity.
26 Section 90. Mandatory inspections. The Department shall
27 inspect licensees at least once every 3 years for compliance
28 with the requirements of this Act unless the licensee can
29 demonstrate proof of renewal of accreditation with a
30 recognized national accrediting body. The Department shall
31 conduct random inspections upon renewal of a license, for
32 cause or as necessary to assure the integrity and
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1 effectiveness of the licensing process. Upon failure to pass
2 inspection, a provider's license shall be suspended or denied
3 as applicable, pending review by the Board. The Department
4 may authorize qualified individuals to conduct inspections.
5 The Department shall set by rule, and pay to an inspector, a
6 fee for each inspection. An entity that fails to pass an
7 inspection is subject to penalties under Section 80. Upon
8 notice of failure to pass an inspection, a provider shall
9 have 30 days to appeal the inspection results. On appeal, a
10 provider shall have the right to an inspection review or to a
11 new inspection in accordance with procedures adopted by the
12 Department.
13 Section 95. Investigations; notice and hearing.
14 (a) The Department may investigate the actions of an
15 applicant or of an entity holding or claiming to hold a
16 license.
17 (b) The Department shall, before refusing to issue or
18 renew a license or disciplining a licensee, at least 30 days
19 prior to the date set for the hearing, notify in writing the
20 applicant or licensee of the nature of the charges and that a
21 hearing will be held on the date designated. The Department
22 shall direct the applicant or licensee to file a written
23 answer to the Board under oath within 20 days after the
24 service of the notice and inform the applicant or licensee
25 that failure to file an answer will result in default being
26 taken against the applicant or licensee and that the license
27 may be suspended, revoked, placed on probationary status, or
28 other disciplinary action may be taken, including limiting
29 the scope, nature, or extent of business, as the Director may
30 deem proper. Written notice may be served by personal
31 delivery or certified or registered mail to the respondent at
32 the address of the entity's last notification to the
33 Department. If the entity fails to file an answer after
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1 receiving notice, the entity's license may, in the discretion
2 of the Department, be suspended, revoked, or placed on
3 probationary status, or the Department may take whatever
4 disciplinary action it deems proper, including limiting the
5 scope, nature, or extent of the entity's business, or
6 imposing a fine, without a hearing, if the act or acts
7 charged constitute sufficient grounds for such action under
8 this Act. At the time and place fixed in the notice, the
9 Board shall proceed to hear the charges, and the parties or
10 their counsel shall be accorded ample opportunity to present
11 such statements, testimony, evidence, and argument as may be
12 pertinent to the charges or to their defense. The Board may
13 continue a hearing from time to time.
14 Section 100. Stenographer; transcript. The Department at
15 its expense, shall preserve a record of all proceedings at
16 the formal hearing of any case involving the refusal to issue
17 or renew a license or the discipline of a licensee. The
18 notice of hearing, complaint, and all other documents in the
19 nature of pleadings, written motions filed in the
20 proceedings, the transcript of testimony, the report of the
21 Board, and the order of the Department shall be the record of
22 the proceeding.
23 Section 105. Compelling testimony. A circuit court may,
24 upon application of the Department or its designee or of the
25 applicant or licensee against whom proceedings under Section
26 95 are pending, enter an order requiring the attendance of
27 witnesses and their testimony and the production of
28 documents, papers, files, books, and records in connection
29 with any hearing or investigation. The court may compel
30 obedience to its order by proceedings for contempt.
31 Section 110. Findings and recommendations. At the
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1 conclusion of the hearing the Board shall present to the
2 Director a written report of its findings and
3 recommendations. The report shall contain a finding of
4 whether or not the accused entity violated this Act or failed
5 to comply with the conditions required in this Act. The
6 Board shall specify the nature of the violation or failure to
7 comply, and shall make its recommendations to the Director.
8 The report of findings and recommendations of the Board
9 shall be the basis for the Department's order of refusal or
10 for the granting of licensure unless the Director shall
11 determine that the Board's report is contrary to the manifest
12 weight of the evidence, in which case the Director may issue
13 an order in contravention of the Board's report. The finding
14 is not admissible in evidence against the entity in a
15 criminal prosecution brought for the violation of this Act,
16 but the hearing and finding are not a bar to a criminal
17 prosecution brought for the violation of this Act.
18 Section 115. Rehearing on motion. In a case involving the
19 refusal to issue or renew a license or the discipline of a
20 licensee, a copy of the Board's report shall be served upon
21 the respondent by the Department, either personally or as
22 provided in this Act for the service of the notice of
23 hearing. Within 20 days after such service, the respondent
24 may present to the Department a motion in writing for a
25 rehearing, which shall specify the particular grounds for the
26 rehearing. If no motion for rehearing is filed, then upon the
27 expiration of the time specified for filing the motion, or if
28 a motion for rehearing is denied, then upon such denial the
29 Director may enter an order in accordance with
30 recommendations of the Board except as provided in Section
31 120 of this Act. If the respondent shall order from the
32 reporting service and pay for a transcript of the record with
33 the time for filing a motion for rehearing, the 20 day period
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1 within which such a motion may be filed shall commence upon
2 the delivery of the transcript to the respondent.
3 Section 120. Rehearing on order of Director. Whenever the
4 Director is satisfied that substantial justice has not been
5 done in the revocation or suspension of a license or refusal
6 to issue or renew a license, the Director may order a
7 rehearing by the same or another Board.
8 Section 125. Hearing officer. The Director has the
9 authority to appoint an attorney duly licensed to practice
10 law in the State of Illinois to serve as the hearing officer
11 in an action for refusal to issue or renew a license, or for
12 the discipline of a licensee. The Director shall notify the
13 Board of an appointment. The hearing officer shall have full
14 authority to conduct the hearing. The hearing officer shall
15 report his or her findings and recommendations to the Board
16 and the Director. The Board shall have 60 days from receipt
17 of the report to review the report of the hearing officer and
18 present its findings of fact, conclusions of law and
19 recommendation to the Director. If the Board fails to
20 present its report within the 60 day period, the Director
21 shall issue an order based on the report of the hearing
22 officer. If the Director determines that the Board's report
23 is contrary to the manifest weight of the evidence, he or she
24 may issue an order in contravention of the Board's report.
25 Section 130. Order or certified copy. An order or a
26 certified copy of an order, over the seal of the Department
27 and purporting to be signed by the Director, shall be prima
28 facie proof that:
29 (1) the signature is the genuine signature of the
30 Director;
31 (2) the Director is duly appointed and qualified;
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1 and
2 (3) the Board and its members are qualified to act.
3 This proof may be rebutted.
4 Section 135. Restoration of license. At any time after
5 the suspension or revocation of a license, the Department may
6 restore the license to the accused entity upon the written
7 recommendation of the Board unless, after an investigation
8 and a hearing, the Board determines that restoration is not
9 in the public interest.
10 Section 140. Surrender of license. Upon the revocation
11 or suspension of a license, the licensee shall immediately
12 surrender the license to the Department, and if the entity
13 fails to do so, the Department shall have the right to seize
14 the license.
15 Section 145. Temporary suspension of a license. The
16 Director may temporarily suspend the license of a home
17 medical equipment and services provider without a hearing,
18 simultaneously with the institution of proceedings for a
19 hearing provided for in Section 95 of this Act, if the
20 Director finds that evidence in his or her possession
21 indicates that the home medical equipment and services
22 provider's continuation in business would constitute an
23 imminent danger to the public. If the Director temporarily
24 suspends the license of a home medical equipment and services
25 provider without a hearing, a hearing by the Board must be
26 held within 30 days of the suspension.
27 Section 150. Administrative Review Law. All final
28 administrative decisions of the Department are subject to
29 judicial review pursuant to the provisions of the
30 Administrative Review Law, as now or hereafter amended, and
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1 all rules adopted pursuant to that Law. The term
2 "administrative decision" is defined as in Section 3-101 of
3 the Code of Civil Procedure.
4 Proceedings for judicial review shall be commenced in the
5 circuit court of the county in which the party applying for
6 relief resides, but if the party is not a resident of this
7 State, the venue shall be in Sangamon County.
8 Section 155. Certification of record; costs. The
9 Department shall not be required to certify any record to a
10 court or file any answer in court or otherwise appear in a
11 court in a judicial review proceeding, unless there is filed
12 in the court, with the complaint, a receipt from the
13 Department acknowledging payment of the costs of furnishing
14 and certifying the record. Failure on the part of the
15 plaintiff to file a receipt in court shall be grounds for
16 dismissal of the action.
17 Section 160. Criminal penalties. An entity who is found
18 to have violated a provision of this Act is guilty of a Class
19 A misdemeanor. On conviction of a second or subsequent
20 offense, the violator shall be guilty of a Class 4 felony.
21 Section 165. Administrative Procedure Act. The Illinois
22 Administrative Procedure Act is hereby expressly adopted and
23 incorporated in this Act as if all of the provisions of that
24 Act were included in this Act, except that the provision of
25 subsection (d) of Section 10-65 of the Illinois
26 Administrative Procedure Act, which provides that at hearings
27 the license holder has the right to show compliance with all
28 lawful requirements for retention, continuation, or renewal
29 of a license, is specifically excluded. For the purposes of
30 this Act, the notice required under Section 10-25 of the
31 Illinois Administrative Procedure Act is deemed sufficient
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1 when mailed to the last known address of a party.
2 Section 170. Exclusive State regulation. It is declared
3 to be the public policy of this State, pursuant to paragraph
4 (h) of Section 6 of Article VII of the Illinois Constitution
5 of 1970, that any power or function set forth in this Act to
6 be exercised by the State is an exclusive State power or
7 function. Such power or function shall not be exercised
8 concurrently, whether directly or indirectly, by any unit of
9 local government, including home rule units, except as
10 otherwise provided in this Act.
11 Section 175. Entities currently operating. Entities
12 engaged in the business of providing home medical equipment
13 and services at least 3 months prior to the effective date of
14 this Act shall be issued a license valid for 2 years, upon
15 application and payment of the required fee, without the
16 necessity for a determination of compliance with the
17 requirements of subsection (a) of Section 40. During the
18 first year of licensure, such providers shall be subject to
19 random inspections for compliance with applicable standards,
20 unless such providers have a valid accreditation from a
21 recognized national accrediting body.
22 Section 180. Deposit of fees and fines; appropriations.
23 All of the fees and fines collected under this Act shall be
24 deposited into the General Professions Dedicated Fund, and
25 shall be used by the Department, as appropriated, for the
26 ordinary and contingent expenses of the Department.
27 Section 300. The Regulatory Agency Sunset Act is amended
28 by adding Section 4.18 as follows:
29 (5 ILCS 80/4.18 new)
-21- LRB9000457DPccam02
1 Sec. 4.18. Act repealed January 1, 2008. The following
2 Act is repealed January 1, 2008:
3 The Home Medical Equipment and Services Provider License
4 Act.
5 Section 999. Effective date. This Act takes effect upon
6 becoming law.".