Full Text of HB1538 103rd General Assembly
HB1538 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1538 Introduced 1/31/2023, by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: |
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210 ILCS 55/4 | from Ch. 111 1/2, par. 2804 |
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Amends the Home Health, Home Services, and Home Nursing Agency Licensing Act. Provides that a 3-year (rather than an annual) license shall be issued for conducting or maintaining a home health agency. Provides that the fee for each single home health agency license or any
renewal shall be $100 (rather than $25). Effective immediately.
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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 Home Health, Home Services, and Home | 5 | | Nursing Agency Licensing Act is amended by changing Section 4 | 6 | | 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 | | 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 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 3-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 $100 $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. Fees collected | 11 | | under this system shall be deposited into the Home Care | 12 | | Services Agency Licensure Fund.
| 13 | | (Source: P.A. 94-379, eff. 1-1-06.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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