103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2271

 

Introduced 2/10/2023, by Sen. Omar Aquino

 

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

    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.


LRB103 30776 CPF 57263 b

 

 

A BILL FOR

 

SB2271LRB103 30776 CPF 57263 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Home Health, Home Services, and Home
5Nursing Agency Licensing Act is amended by changing Sections
64, 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
10licensed, or if the home health agency, home services agency,
11or home nursing agency is not in operation at the time
12application is made, the Department may issue a provisional
13license. A provisional license shall be valid for a period of
14240 120 days unless sooner suspended or revoked pursuant to
15Section 9 of this Act. Within 30 days prior to the termination
16of a provisional license, the Department shall inspect the
17agency and, if the applicant substantially meets the
18requirements for licensure, it shall issue a license under
19this Section. If the Department finds that a holder of a
20provisional license does not substantially meet the
21requirements for licensure, but has made significant progress
22toward meeting those requirements, the Director may renew the
23provisional license once for a period not to exceed 90 120 days

 

 

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1from the expiration date of the initial provisional license.
2    (b)(1) The Director may also issue a provisional license
3to any licensed agency which does not substantially comply
4with the provisions of this Act and the rules promulgated
5hereunder, provided he finds that the health, safety, and
6well-being of the clients of the agency will be protected
7during the period for which such provisional license is
8issued. The term of such provisional license shall not exceed
9120 days.
10    (2) The Director shall advise the licensee of the
11conditions under which such provisional license is issued,
12including the manner in which the licensee fails to comply
13with the provisions of the Act or rules, and the time within
14which the corrections necessary for the agency to
15substantially comply with the Act and rules shall be
16completed.
17    (3) The Director, at his discretion, may extend the term
18of such provisional license for an additional 120 days, if he
19finds that the agency has made substantial progress toward
20correcting the violations and bringing the agency into full
21compliance with this Act and the rules promulgated hereunder.
22    (c) An annual license shall be issued to any person
23conducting or maintaining a home health agency upon receipt of
24an application and payment of the licensure fee, and when the
25other requirements of this Act, and the standards, rules and
26regulations promulgated hereunder, are met. The fee for each

 

 

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1single home health agency license or any renewal shall be
2$1,000 $25.
3    (d) The Department shall establish, by rule, a system
4whereby an entity that meets the requirements for licensure
5may obtain licensure singly or in any combination for the
6categories authorized under this Act. The Department shall
7develop and implement one application to be used even if a
8combination of licenses authorized under the Act is sought.
9Applicants for multiple licenses under this system shall pay
10the higher of the licensure fees applicable license fees for
11each license. Fees collected under this system shall be
12deposited 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
16a home health agency, home services agency, home nursing
17agency, home services placement agency, or home nursing
18placement agency provisional license as provided in Section 4
19shall contain the following information: (1) name, address and
20location of the agency; (2) organization and governing
21structure of agency; (3) number and qualification of staff;
22(4) sources of financing of services and agency; (5) service
23area; (6) patient load; (7) agency utilization; (8) service
24charges; (9) affiliation agreements with other health care
25providers; and (10) such other information as the Department

 

 

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1may require.
2    (b) Applications for licenses to be effective on and after
3March 1, 1978, shall be in accordance with departmental
4regulations.
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
8Home Services Advisory Committee composed of 15 voting members
9and one nonvoting member persons to advise and consult with
10the Director in the administration of this Act. Five of the
11appointed voting members shall represent the home health
12agency profession. Of these 5, one shall represent voluntary
13home health agencies, one shall represent for-profit home
14health agencies, one shall represent private not-for-profit
15home health agencies, one shall represent institution-based
16home health agencies, and one shall represent home health
17agencies operated by local health departments. Four of the
18appointed voting members shall represent the home services
19agency profession. Four of the appointed voting members shall
20represent the general public in the following categories: one
21individual who is a consumer of home health services or a
22family member of a consumer of home health services; one
23individual who is a consumer of home services or a family
24member of a consumer of home services; and two individuals who
25represent an one individual who is a home services worker; and

 

 

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1one individual who is a representative of an organization that
2advocates for consumers. One voting member shall be a
3practicing Illinois licensed physician; and one voting member
4shall be an Illinois registered professional nurse with home
5health agency experience. The nonvoting member shall be a home
6services worker. The recommendations of professional, home
7health industry, and home services industry organizations may
8be considered in selecting individuals for appointment to the
9Home Health and Home Services Advisory Committee.
10    (b) Each member shall hold office for a term of 3 years,
11except that any member appointed to fill a vacancy occurring
12prior to the expiration of the term for which his predecessor
13was appointed shall be appointed for the remainder of such
14term and the terms of office of the members first taking office
15shall expire, as designated at the time of appointment, one at
16the end of the first year, one at the end of the second year,
17and 3 at the end of the third year. The term of office of each
18of the original appointees shall commence on January 1, 1978.
19    (c) The term of office of each of the 6 members appointed
20to the Committee as a result of this amendatory Act of 1989
21shall commence on January 1, 1990. The terms of office of the 6
22members appointed as a result of this amendatory Act of 1989
23shall expire, as designated at the time of appointment, 2 at
24the end of the first year, 2 at the end of the second year, and
25two at the end of the third year.
26    (d) The Committee shall meet as frequently as the Director

 

 

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1deems necessary. Committee members, while serving on business
2of the Committee, shall receive actual and necessary travel
3and subsistence expenses while so serving away from their
4places of residence.
5    (e) The Committee shall provide input and recommendations
6to the Department on the development of rules for the
7licensure of home services agencies and home nursing agencies
8operating in this State. On or before July 1, 2007, the
9Committee shall issue an interim report to the General
10Assembly on the status of development and implementation of
11the rules for home services agency and home nursing agency
12licensure.
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
16is in violation of this Act or any rule promulgated hereunder,
17a notice of violation shall be served upon the licensee.
18However, if the Department finds that the violation does not
19pose a substantial risk to the health or safety of the agency's
20clients or patients, the Department may choose to request a
21plan of correction for the Department's approval prior to
22issuing the notice of violation. If the agency fails to submit
23an acceptable plan of correction or fails to implement a
24Department-approved plan of correction within the time
25provided by the Department, the Department shall then issue

 

 

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1the notice of violation. Each notice of violation shall be
2prepared in writing and shall specify the nature of the
3violation and the statutory provision or rule alleged to have
4been violated. The notice shall inform the licensee of any
5action the Department may take under this Act, including the
6requirement of an agency plan of correction under Section
79.03, assessment of a penalty under Section 9.04, or licensure
8action under Section 9. The Director or his designee shall
9also inform the licensee of rights to a hearing under Section
1010.
11(Source: P.A. 94-379, eff. 1-1-06.)