[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0911
New Act
30 ILCS 105/5.449 new
Creates the Health Care Appointment Transportation Act to
regulate through licensure requirements businesses
transporting passengers to and from non-emergency health care
appointments. Amends the State Finance Act to add the Health
Care Appointment Transportation Fund.
LRB9001568DPcc
LRB9001568DPcc
1 AN ACT to create the Health Care Appointment
2 Transportation Act, amending a named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Health Care Appointment Transportation Act.
7 Section 5. Legislative intent. The General Assembly
8 finds that residents of this State, especially elderly
9 citizens, rely on private businesses providing transportation
10 services in order to get to and from health-related
11 appointments. Further, the public's reliance on those
12 services may give rise to unscrupulous practices by service
13 providers that exploit the demand and need for services. It
14 is therefore the intent of this Body to regulate businesses
15 providing health care appointment transportation services
16 through licensure requirements.
17 Section 10. Definitions. As used in this Act:
18 (1) "Department" means the Department of Public
19 Health.
20 (2) "Director" means the Director of Public Health.
21 (3) "Health care appointment transportation
22 service" means a service provided by a privately-owned
23 business entity to transport passengers by motor vehicle,
24 as defined under the Illinois Vehicle Code, to and from
25 scheduled or unscheduled, non-emergency appointments or
26 visits with health care providers or professionals,
27 including but not limited to medical, dental, optometric,
28 physical therapy, and rehabilitation appointments or
29 visits. "Health care appointment transportation service"
30 does not include a transportation service provided by an
-2- LRB9001568DPcc
1 ambulance or another vehicle used for emergency health
2 care purposes or for transporting a person who is being
3 transferred as an in-patient from one health care
4 facility to another health care facility.
5 (4) "Health care appointment transportation
6 enterprise" or "enterprise" means a corporation,
7 partnership, sole proprietorship, or other business
8 enterprise providing health care appointment
9 transportation services for remuneration.
10 Section 15. License requirement; application procedure.
11 (a) No person shall operate a health care appointment
12 transportation enterprise without a license issued by the
13 Department under this Act in the name of the owner of the
14 enterprise. The owner of an enterprise in operation within
15 60 days before the effective date of this Act may continue
16 the operation of that enterprise after the effective date of
17 this Act without a license for up to 90 days after that date.
18 (b) The owner of a health care appointment
19 transportation enterprise shall apply for a license under
20 this Act on a form prescribed by the Department and
21 containing at least the following information:
22 (1) the name, address, and telephone number of the
23 owner;
24 (2) the name, address, and telephone number of the
25 enterprise;
26 (3) the year, make, model, style, color, and
27 maximum occupancy of each vehicle to be used to provide
28 health care appointment transportation services;
29 (4) the manufacturer's identification number or, if
30 applicable, the Secretary of State or Illinois
31 Department of State Police identification number of each
32 vehicle used to provide health care appointment
33 transportation services; and
-3- LRB9001568DPcc
1 (5) the counties and municipalities that the
2 enterprise is projected to serve.
3 The owner of the enterprise shall promptly inform the
4 Department in writing of any changes in the information
5 included in the application.
6 (c) If the owner of an enterprise owns more than one
7 health care appointment transportation enterprise, the owner
8 shall file a separate application for each enterprise.
9 (d) Within 60 days of receipt of an application and the
10 required application fee, the Department shall issue a
11 license to the applicant.
12 (e) The license issued by the Department shall be
13 effective for one year following the date of issuance. The
14 Department may stagger license renewal dates on a
15 quarterly basis with an initial license being effective from
16 9 months to 15 months. The license is valid only for the
17 enterprise and owner stated on the license and is not
18 transferable.
19 (f) A license issued under this Act shall be displayed
20 within sight of passengers in each motor vehicle used to
21 provide health care appointment transportation services.
22 (g) In the event of a change of ownership of an
23 enterprise, the new owner shall be required to apply for a
24 separate license to operate the enterprise no more than 30
25 days after the change of ownership.
26 Section 20. License renewal. A licensee may renew a
27 license issued under this Act by submitting to the
28 Department, at least 30 days before the expiration date of
29 his or her license, a license renewal application on a form
30 prescribed by the Department.
31 Section 25. Operating requirements. The Department shall
32 set by rule the minimum operating standards for licensees
-4- LRB9001568DPcc
1 under this Act. The standards shall address the appropriate
2 handling of passengers, including but not limited to maximum
3 delays in responding to scheduled passenger trips.
4 Section 30. Department powers.
5 (a) The Department shall set by rule fees for original
6 and renewal licenses issued under this Act.
7 (b) The Department may establish a training program for
8 Department agents for the administration and enforcement of
9 this Act and its rules.
10 (c) The Department may designate and use full-time
11 municipal, district, county, or multi-county health
12 departments as its agents in the administration and
13 enforcement of this Act and its rules.
14 (d) The Department may adopt other rules as necessary to
15 administer and enforce this Act.
16 Section 35. Grounds for denial, suspension, revocation,
17 or nonrenewal of license. A license may be denied, suspended,
18 or revoked or the renewal of a license may be denied for any
19 of the following reasons:
20 (1) Violation of any of the provisions of this
21 Act or its rules.
22 (2) Conviction of an applicant or licensee of an
23 offense arising from false, fraudulent, deceptive, or
24 misleading advertising. The record of conviction or a
25 certified copy of the record shall be conclusive evidence
26 of the conviction.
27 (3) Making a false or misleading statement to the
28 Department.
29 (4) Refusing to submit to the Department a report
30 or record required by the Department in investigating an
31 owner or enterprise for licensing purposes.
32 (5) Refusing to display a license issued under this
-5- LRB9001568DPcc
1 Act.
2 (6) Failing to exercise reasonable care in the
3 hiring, training, and supervision of enterprise
4 personnel.
5 (7) Obtaining a fee by fraud, deceit, or
6 misrepresentation.
7 Section 40. Investigation; hearing; notice. The
8 Department may, upon its own motion, and shall upon the
9 verified complaint in writing of any person setting forth
10 facts that if proven would constitute grounds for the denial
11 of an application for a license, refusal to renew a license,
12 revocation of a license, or suspension of a license,
13 investigate an applicant or licensee. The Department, after
14 notice and opportunity for hearing, may deny an application
15 for, or suspend or revoke, a license or may refuse to renew a
16 license. Before denying an application, refusing to renew a
17 license, or suspending or revoking a license, the Department
18 shall notify the applicant in writing. The notice shall
19 specify the charges or reasons for the Department's
20 contemplated action. The applicant or licensee must request a
21 hearing within 10 days of receipt of the notice. Failure to
22 request a hearing within 10 days shall constitute a waiver of
23 the right to a hearing.
24 Section 45. Conduct of hearing.
25 (a) A hearing under Section 40 shall be conducted by the
26 Director or a licensed attorney appointed by the Director as
27 a hearing officer. The Director or hearing officer may
28 compel by subpoena or subpoena duces tecum the attendance and
29 testimony of witnesses and the production of books and papers
30 and may administer oaths to witnesses. The hearing shall be
31 conducted at a place designated by the Department. The
32 procedures governing hearings and the issuance of final
-6- LRB9001568DPcc
1 orders under this Act shall be in accordance with rules
2 adopted by the Department.
3 (b) All subpoenas issued by the Director or hearing
4 officer may be served as provided for in civil actions. The
5 fees of witnesses for attendance and travel shall be the same
6 as the fees for witnesses before the circuit court and shall
7 be paid by the party to the proceedings at whose request the
8 subpoena is issued. If a subpoena is issued at the request of
9 the Department, the witness fee shall be paid as an
10 administrative expense.
11 (c) In a case of refusal of a witness to attend,
12 testify, or produce books or papers concerning any matter
13 upon which he or she might be lawfully examined, the
14 circuit court of the county in which the hearing is held,
15 upon application of any party to the proceeding, may
16 compel obedience through contempt proceedings.
17 Section 50. Findings of fact; conclusions of law;
18 decision. The Director or hearing officer shall make findings
19 of fact and conclusions of law in a hearing and the
20 Director shall render his or her decision, or the hearing
21 officer his or her proposal for decision, within 45 days
22 after the termination of the hearing unless additional time
23 is required by him or her for a proper disposition of the
24 matter. A copy of the final decision of the Director shall be
25 served upon the applicant or licensee in person or by
26 certified mail.
27 Section 55. Surrender of license. Upon the revocation of
28 a license, a licensee shall surrender his or her license to
29 the Department, and upon his or her failure or refusal to do
30 so, the Department shall have the right to seize the license.
31 Section 60. Administrative Review Law; venue; costs. All
-7- LRB9001568DPcc
1 final administrative decisions of the Department under this
2 Act shall be subject to judicial review under the provisions
3 of Article III of the Code of Civil Procedure. The term
4 "administrative decision" is defined as under Section 3-101
5 of the Code of Civil Procedure. Proceedings for judicial
6 review shall be commenced in the circuit court of the county
7 in which the party applying for review resides, provided that
8 if the party is not a resident of this State, the venue shall
9 be in Sangamon County. The Department shall not be
10 required to certify a record or file an answer or
11 otherwise appear in a proceeding for judicial review unless
12 the party filing the complaint deposits with the clerk of the
13 court the sum of 95¢ per page representing costs of
14 certification of the record or file. Failure on the part of
15 the plaintiff to make the deposit shall be grounds for
16 dismissal of the action.
17 Section 65. Illinois Administrative Procedure Act. The
18 provisions of the Illinois Administrative Procedure Act are
19 hereby expressly adopted and shall apply to all
20 administrative rules and procedures of the Department under
21 this Act, except that in the case of a conflict between the
22 Illinois Administrative Procedure Act and this Act the
23 provisions of this Act shall control, and except that Section
24 5 of the Illinois Administrative Procedure Act relating to
25 procedures for rulemaking does not apply to the adoption of
26 any rules required by federal law in connection with which
27 the Department is precluded by law from exercising any
28 discretion.
29 Section 70. Penalties; fines. The Department shall
30 establish and assess penalties or fines against a licensee
31 for violations of this Act or its rules. No penalties or
32 fines shall exceed $1,000 per day for each day the licensee
-8- LRB9001568DPcc
1 remains in violation.
2 Section 75. Public nuisance.
3 (a) An enterprise operating without a license or
4 operating on a revoked or expired license commits a public
5 nuisance.
6 (b) An owner of an enterprise who is convicted of
7 knowingly maintaining a public nuisance under this Act is
8 guilty of a Class A misdemeanor for the first offense and is
9 guilty of a Class 4 felony for a second or subsequent
10 offense.
11 (c) The Attorney General of this State or the State's
12 Attorney of the county in which the public nuisance exists
13 may commence an action to abate the nuisance. The court may
14 without notice or bond enter a temporary restraining order or
15 a preliminary injunction to enjoin the defendant from
16 operating in violation of this Act.
17 Section 80. Deposit of moneys. There is hereby created in
18 the State Treasury a special fund to be known as the Health
19 Care Appointment Transportation Fund. All fees and fines
20 collected by the Department under this Act shall be deposited
21 into the Fund. Pursuant to appropriation, the Department may
22 use moneys deposited into the Fund to administer and enforce
23 this Act.
24 Section 85. The State Finance Act is amended by adding
25 Section 5.449 as follows:
26 (30 ILCS 105/5.449 new)
27 Sec. 5.449. The Health Care Appointment Transportation
28 Fund.