Illinois 2023-2024 Regular Session

Illinois House Bill HB3060 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0332
2	1		HB3060 EnrolledLRB103 27769 CPF 54147 b HB3060 Enrolled LRB103 27769 CPF 54147 b
3	2		HB3060 Enrolled LRB103 27769 CPF 54147 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Life Care Facilities Act is amended by
8		-	adding Section 10.3 as follows:
9		-	(210 ILCS 40/10.3 new)
10		-	Sec. 10.3. Provision of at-home continuing care.
11		-	(a) The Department shall adopt rules that:
12		-	(1) establish standards for providers of at-home
13		-	continuing care;
14		-	(2) provide for the certification and registration of
15		-	providers of at-home continuing care and the annual
16		-	renewal of certificates of registration;
17		-	(3) provide for and encourage the establishment of
18		-	at-home continuing care programs;
19		-	(4) set minimum requirements for any individual who is
20		-	employed by or under contract with a provider of at-home
21		-	continuing care and who will enter a provider of at-home
22		-	continuing care's subscriber's home to provide at-home
23		-	continuing care services, including requirements for
24		-	criminal background checks of such an individual who will
25		-	have routine, direct access to a subscriber;
26		-	(5) establish standards for the renewal of
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Life Care Facilities Act is amended by
	7	+	5 adding Section 10.3 as follows:
	8	+	6 (210 ILCS 40/10.3 new)
	9	+	7 Sec. 10.3. Provision of at-home continuing care.
	10	+	8 (a) The Department shall adopt rules that:
	11	+	9 (1) establish standards for providers of at-home
	12	+	10 continuing care;
	13	+	11 (2) provide for the certification and registration of
	14	+	12 providers of at-home continuing care and the annual
	15	+	13 renewal of certificates of registration;
	16	+	14 (3) provide for and encourage the establishment of
	17	+	15 at-home continuing care programs;
	18	+	16 (4) set minimum requirements for any individual who is
	19	+	17 employed by or under contract with a provider of at-home
	20	+	18 continuing care and who will enter a provider of at-home
	21	+	19 continuing care's subscriber's home to provide at-home
	22	+	20 continuing care services, including requirements for
	23	+	21 criminal background checks of such an individual who will
	24	+	22 have routine, direct access to a subscriber;
	25	+	23 (5) establish standards for the renewal of
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33		-	certificates of registration for providers of at-home
34		-	continuing care;
35		-	(6) establish standards for the number of executed
36		-	agreements necessary to begin operation as a provider of
37		-	at-home continuing care;
38		-	(7) establish standards for when and how a provider of
39		-	at-home continuing care or a subscriber may rescind an
40		-	at-home continuing care agreement before at-home
41		-	continuing care services are provided to the subscriber;
42		-	(8) allow a subscriber to rescind an agreement for
43		-	at-home continuing care services at any time if the terms
44		-	of the agreement violate this Section;
45		-	(9) establish that a provider may terminate an
46		-	agreement to provide at-home continuing care services or
47		-	discharge a subscriber only for just cause; and
48		-	(10) establish procedures to carry out a termination
49		-	or discharge under paragraph (9).
50		-	(b) The Department shall certify and register a person as
51		-	a provider of at-home continuing care services under this
52		-	Section if the Department determines that:
53		-	(1) a reasonable financial plan has been developed to
54		-	provide at-home continuing care services, including a plan
55		-	for the number of agreements to be executed before
56		-	beginning operation;
57		-	(2) a market for the at-home continuing care program
58		-	exists;
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	34	+	1 certificates of registration for providers of at-home
	35	+	2 continuing care;
	36	+	3 (6) establish standards for the number of executed
	37	+	4 agreements necessary to begin operation as a provider of
	38	+	5 at-home continuing care;
	39	+	6 (7) establish standards for when and how a provider of
	40	+	7 at-home continuing care or a subscriber may rescind an
	41	+	8 at-home continuing care agreement before at-home
	42	+	9 continuing care services are provided to the subscriber;
	43	+	10 (8) allow a subscriber to rescind an agreement for
	44	+	11 at-home continuing care services at any time if the terms
	45	+	12 of the agreement violate this Section;
	46	+	13 (9) establish that a provider may terminate an
	47	+	14 agreement to provide at-home continuing care services or
	48	+	15 discharge a subscriber only for just cause; and
	49	+	16 (10) establish procedures to carry out a termination
	50	+	17 or discharge under paragraph (9).
	51	+	18 (b) The Department shall certify and register a person as
	52	+	19 a provider of at-home continuing care services under this
	53	+	20 Section if the Department determines that:
	54	+	21 (1) a reasonable financial plan has been developed to
	55	+	22 provide at-home continuing care services, including a plan
	56	+	23 for the number of agreements to be executed before
	57	+	24 beginning operation;
	58	+	25 (2) a market for the at-home continuing care program
	59	+	26 exists;
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61		-	(3) the provider has submitted all proposed
62		-	advertisements, advertising campaigns, and other
63		-	promotional materials for the program;
64		-	(4) the form and substance of all advertisements,
65		-	advertising campaigns, and other promotional materials
66		-	submitted are not deceptive, misleading, or likely to
67		-	mislead; and
68		-	(5) an actuarial forecast supports the market for the
69		-	program.
70		-	(c) A provider may not enter into an agreement to provide
71		-	at-home continuing care services until the Department issues a
72		-	preliminary certificate of registration to the provider. An
73		-	application for a preliminary certificate of registration
74		-	shall:
75		-	(1) be filed in a form determined by the Department by
76		-	rule; and
77		-	(2) include:
78		-	(A) a copy of the proposed at-home continuing care
79		-	agreement; and
80		-	(B) the form and substance of any proposed
81		-	advertisements, advertising campaigns, or other
82		-	promotional materials for the program that is
83		-	available at the time of filing the application and
84		-	that has not been filed previously with the
85		-	Department.
86		-	(d) The Department shall issue a preliminary certificate
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89		-	of registration to a provider under subsection (c) if the
90		-	Department determines that:
91		-	(1) the proposed at-home continuing care agreement is
92		-	satisfactory;
93		-	(2) the provider has submitted all proposed
94		-	advertisements, advertising campaigns, and other
95		-	promotional materials for the program; and
96		-	(3) the form and substance of all advertisements,
97		-	advertising campaigns, and other promotional materials
98		-	submitted are not deceptive, misleading, or likely to
99		-	mislead.
100		-	(e) A person may not provide at-home continuing care
101		-	services until the Department issues a certificate of
102		-	registration to the person. An application for a certificate
103		-	of registration shall:
104		-	(1) be filed in a form determined by the Department by
105		-	rule; and
106		-	(2) include:
107		-	(A) verification that the required number of
108		-	agreements has been executed;
109		-	(B) the form and substance of any proposed
110		-	advertisements, advertising campaigns, or other
111		-	promotional materials for the program that are
112		-	available at the time of filing and that have not been
113		-	filed previously with the Department; and
114		-	(C) verification that any other license or
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117		-	certificate required by other appropriate State units
118		-	has been issued to the provider.
119		-	(f) The Department shall issue a certificate of
120		-	registration to a provider under subsection (e) if the
121		-	Department determines that:
122		-	(1) the information and documents submitted and
123		-	application for a preliminary certificate of registration
124		-	are current and accurate or have been updated to make them
125		-	accurate;
126		-	(2) the required agreements have been executed;
127		-	(3) any other license or certificate required by other
128		-	appropriate State units has been issued to the provider;
129		-	(4) the provider has submitted all proposed
130		-	advertisements, advertising campaigns, and other
131		-	promotional materials for the program; and
132		-	(5) the material submitted is not an advertisement,
133		-	advertising campaign, or other promotional material that
134		-	is deceptive, misleading, or likely to mislead.
135		-	If a provider intends to advertise before the Department
136		-	issues a certificate of registration, the provider shall
137		-	submit to the Department any advertisement, advertising
138		-	campaign, or other promotional materials before using it.
139		-	(g) Every 2 years, within 120 days after the end of a
140		-	provider's fiscal year, a provider shall file an application
141		-	for a renewal certificate of registration with the Department.
142		-	The application shall:
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	70	+	1 (3) the provider has submitted all proposed
	71	+	2 advertisements, advertising campaigns, and other
	72	+	3 promotional materials for the program;
	73	+	4 (4) the form and substance of all advertisements,
	74	+	5 advertising campaigns, and other promotional materials
	75	+	6 submitted are not deceptive, misleading, or likely to
	76	+	7 mislead; and
	77	+	8 (5) an actuarial forecast supports the market for the
	78	+	9 program.
	79	+	10 (c) A provider may not enter into an agreement to provide
	80	+	11 at-home continuing care services until the Department issues a
	81	+	12 preliminary certificate of registration to the provider. An
	82	+	13 application for a preliminary certificate of registration
	83	+	14 shall:
	84	+	15 (1) be filed in a form determined by the Department by
	85	+	16 rule; and
	86	+	17 (2) include:
	87	+	18 (A) a copy of the proposed at-home continuing care
	88	+	19 agreement; and
	89	+	20 (B) the form and substance of any proposed
	90	+	21 advertisements, advertising campaigns, or other
	91	+	22 promotional materials for the program that is
	92	+	23 available at the time of filing the application and
	93	+	24 that has not been filed previously with the
	94	+	25 Department.
	95	+	26 (d) The Department shall issue a preliminary certificate
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145		-	(A) be filed in a form determined by the
146		-	Department by rule; and
147		-	(B) contain any reasonable and pertinent
148		-	information that the Department requires.
149		-	(h) The Department shall issue a renewal certificate of
150		-	registration under subsection (g) if the Department determines
151		-	that:
152		-	(1) all required documents have been filed and are
153		-	satisfactory;
154		-	(2) any revised agreements for at-home continuing care
155		-	services meet the Department's requirements;
156		-	(3) the provider has submitted all proposed
157		-	advertisements, advertising campaigns, and other
158		-	promotional materials for the program; and
159		-	(4) the form and substance of all advertisements,
160		-	advertising campaigns, and other promotional materials
161		-	submitted are not deceptive, misleading, or likely to
162		-	mislead.
163		-	(i) The Department may deny, suspend, or revoke a
164		-	preliminary, initial, or renewal certificate of registration
165		-	under this Section for cause. The Department shall set forth
166		-	in writing its reasons for a denial, suspension, or
167		-	revocation. A provider may appeal a denial in writing. Grounds
168		-	for a denial, suspension, or revocation include, but are not
169		-	limited to:
170		-	(1) violation of this Section;
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173		-	(2) violation of a rule adopted by the Department
174		-	under this Section;
175		-	(3) misrepresentation; or
176		-	(4) submission of false information.
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	106	+	1 of registration to a provider under subsection (c) if the
	107	+	2 Department determines that:
	108	+	3 (1) the proposed at-home continuing care agreement is
	109	+	4 satisfactory;
	110	+	5 (2) the provider has submitted all proposed
	111	+	6 advertisements, advertising campaigns, and other
	112	+	7 promotional materials for the program; and
	113	+	8 (3) the form and substance of all advertisements,
	114	+	9 advertising campaigns, and other promotional materials
	115	+	10 submitted are not deceptive, misleading, or likely to
	116	+	11 mislead.
	117	+	12 (e) A person may not provide at-home continuing care
	118	+	13 services until the Department issues a certificate of
	119	+	14 registration to the person. An application for a certificate
	120	+	15 of registration shall:
	121	+	16 (1) be filed in a form determined by the Department by
	122	+	17 rule; and
	123	+	18 (2) include:
	124	+	19 (A) verification that the required number of
	125	+	20 agreements has been executed;
	126	+	21 (B) the form and substance of any proposed
	127	+	22 advertisements, advertising campaigns, or other
	128	+	23 promotional materials for the program that are
	129	+	24 available at the time of filing and that have not been
	130	+	25 filed previously with the Department; and
	131	+	26 (C) verification that any other license or
	132	+
	133	+
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	135	+
	136	+
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	142	+	1 certificate required by other appropriate State units
	143	+	2 has been issued to the provider.
	144	+	3 (f) The Department shall issue a certificate of
	145	+	4 registration to a provider under subsection (e) if the
	146	+	5 Department determines that:
	147	+	6 (1) the information and documents submitted and
	148	+	7 application for a preliminary certificate of registration
	149	+	8 are current and accurate or have been updated to make them
	150	+	9 accurate;
	151	+	10 (2) the required agreements have been executed;
	152	+	11 (3) any other license or certificate required by other
	153	+	12 appropriate State units has been issued to the provider;
	154	+	13 (4) the provider has submitted all proposed
	155	+	14 advertisements, advertising campaigns, and other
	156	+	15 promotional materials for the program; and
	157	+	16 (5) the material submitted is not an advertisement,
	158	+	17 advertising campaign, or other promotional material that
	159	+	18 is deceptive, misleading, or likely to mislead.
	160	+	19 If a provider intends to advertise before the Department
	161	+	20 issues a certificate of registration, the provider shall
	162	+	21 submit to the Department any advertisement, advertising
	163	+	22 campaign, or other promotional materials before using it.
	164	+	23 (g) Every 2 years, within 120 days after the end of a
	165	+	24 provider's fiscal year, a provider shall file an application
	166	+	25 for a renewal certificate of registration with the Department.
	167	+	26 The application shall:
	168	+
	169	+
	170	+
	171	+
	172	+
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	178	+	1 (A) be filed in a form determined by the
	179	+	2 Department by rule; and
	180	+	3 (B) contain any reasonable and pertinent
	181	+	4 information that the Department requires.
	182	+	5 (h) The Department shall issue a renewal certificate of
	183	+	6 registration under subsection (g) if the Department determines
	184	+	7 that:
	185	+	8 (1) all required documents have been filed and are
	186	+	9 satisfactory;
	187	+	10 (2) any revised agreements for at-home continuing care
	188	+	11 services meet the Department's requirements;
	189	+	12 (3) the provider has submitted all proposed
	190	+	13 advertisements, advertising campaigns, and other
	191	+	14 promotional materials for the program; and
	192	+	15 (4) the form and substance of all advertisements,
	193	+	16 advertising campaigns, and other promotional materials
	194	+	17 submitted are not deceptive, misleading, or likely to
	195	+	18 mislead.
	196	+	19 (i) The Department may deny, suspend, or revoke a
	197	+	20 preliminary, initial, or renewal certificate of registration
	198	+	21 under this Section for cause. The Department shall set forth
	199	+	22 in writing its reasons for a denial, suspension, or
	200	+	23 revocation. A provider may appeal a denial in writing. Grounds
	201	+	24 for a denial, suspension, or revocation include, but are not
	202	+	25 limited to:
	203	+	26 (1) violation of this Section;
	204	+
	205	+
	206	+
	207	+
	208	+
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	214	+	1 (2) violation of a rule adopted by the Department
	215	+	2 under this Section;
	216	+	3 (3) misrepresentation; or
	217	+	4 (4) submission of false information.
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