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Public Act 103-0734


 

Public Act 0734 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0734
 
HB4899 EnrolledLRB103 37262 CES 67383 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section 4
as follows:
 
    (210 ILCS 55/4)  (from Ch. 111 1/2, par. 2804)
    Sec. 4. Types of licenses.
    (a) If an applicant for licensure has not been previously
licensed, or if the home health agency, home services agency,
or home nursing agency is not in operation at the time
application is made, the Department may issue a provisional
license. A provisional license shall be valid for a period of
240 days unless sooner suspended or revoked pursuant to
Section 9 of this Act. Within 30 days prior to the termination
of a provisional license, the Department shall inspect the
agency and, if the applicant substantially meets the
requirements for licensure, it shall issue a license under
this Section. If the Department finds that a holder of a
provisional license does not substantially meet the
requirements for licensure, but has made significant progress
toward meeting those requirements, the Director may renew the
provisional license once for a period not to exceed 90 days
from the expiration date of the initial provisional license.
    (b)(1) The Director may also issue a provisional license
to any licensed agency which does not substantially comply
with the provisions of this Act and the rules promulgated
hereunder, provided he finds that the health, safety, and
well-being of the clients of the agency will be protected
during the period for which such provisional license is
issued. The term of such provisional license shall not exceed
120 days.
    (2) The Director shall advise the licensee of the
conditions under which such provisional license is issued,
including the manner in which the licensee fails to comply
with the provisions of the Act or rules, and the time within
which the corrections necessary for the agency to
substantially comply with the Act and rules shall be
completed.
    (3) The Director, at his discretion, may extend the term
of such provisional license for an additional 120 days, if he
finds that the agency has made substantial progress toward
correcting the violations and bringing the agency into full
compliance with this Act and the rules promulgated hereunder.
    (c) A 2-year license shall be issued to any person
conducting or maintaining a home health agency upon receipt of
an application and payment of the licensure fee, and when the
other requirements of this Act, and the standards, rules and
regulations promulgated hereunder, are met. The fee for each
single home health agency license or any renewal shall be
$1,500. Notwithstanding any other provision of this Section,
the Department may not charge any fee to a certified local
health department in connection with the licensure of a home
health agency.
    (d) The Department shall establish, by rule, a system
whereby an entity that meets the requirements for licensure
may obtain licensure singly or in any combination for the
categories authorized under this Act. Applicants for multiple
licenses under this system shall pay the applicable license
fees for each license. Fees collected under this system shall
be deposited into the Home Care Services Agency Licensure
Fund.
(Source: P.A. 103-257, eff. 1-1-24.)
 
    Section 10. The Hospice Program Licensing Act is amended
by changing Section 5 as follows:
 
    (210 ILCS 60/5)  (from Ch. 111 1/2, par. 6105)
    Sec. 5. Application for License. An application for
license or renewal thereof to operate as a comprehensive or
volunteer hospice program shall be made to the Department upon
forms provided by it, and shall contain information reasonably
required by the Department, taking into consideration the
different categories of hospice programs. The application
shall be accompanied by:
        (1) The hospice service plan;
        (2) A financial statement containing information
    deemed appropriate by the Department for the category of
    the applicant; and
        (3) A uniform license fee determined by the Department
    based on the hospice program's category. Notwithstanding
    any other provision of this Section, the Department may
    not charge any fee to a certified local health department
    in connection with the licensure of a hospice program.
    A licensed comprehensive hospice or volunteer hospice that
is in operation on the effective date of this Act may be issued
a comprehensive hospice program license under Section 4 if the
hospice program meets the requirements for a comprehensive
hospice program set forth in this Act.
(Source: P.A. 94-570, eff. 8-12-05.)

Effective Date: 1/1/2025