Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2271 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0257
2	1		SB2271 EnrolledLRB103 30776 CPF 57263 b SB2271 Enrolled LRB103 30776 CPF 57263 b
3	2		SB2271 Enrolled LRB103 30776 CPF 57263 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 Home Health, Home Services, and Home
8		-	Nursing Agency Licensing Act is amended by changing Sections
9		-	4, 5, 7, and 9.02 as follows:
10		-	(210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)
11		-	Sec. 4. Types of licenses.
12		-	(a) If an applicant for licensure has not been previously
13		-	licensed, or if the home health agency, home services agency,
14		-	or home nursing agency is not in operation at the time
15		-	application is made, the Department may issue a provisional
16		-	license. A provisional license shall be valid for a period of
17		-	240 120 days unless sooner suspended or revoked pursuant to
18		-	Section 9 of this Act. Within 30 days prior to the termination
19		-	of a provisional license, the Department shall inspect the
20		-	agency and, if the applicant substantially meets the
21		-	requirements for licensure, it shall issue a license under
22		-	this Section. If the Department finds that a holder of a
23		-	provisional license does not substantially meet the
24		-	requirements for licensure, but has made significant progress
25		-	toward meeting those requirements, the Director may renew the
26		-	provisional license once for a period not to exceed 90 120 days
	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 Home Health, Home Services, and Home
	7	+	5 Nursing Agency Licensing Act is amended by changing Sections
	8	+	6 4, 5, 7, and 9.02 as follows:
	9	+	7 (210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)
	10	+	8 Sec. 4. Types of licenses.
	11	+	9 (a) If an applicant for licensure has not been previously
	12	+	10 licensed, or if the home health agency, home services agency,
	13	+	11 or home nursing agency is not in operation at the time
	14	+	12 application is made, the Department may issue a provisional
	15	+	13 license. A provisional license shall be valid for a period of
	16	+	14 240 120 days unless sooner suspended or revoked pursuant to
	17	+	15 Section 9 of this Act. Within 30 days prior to the termination
	18	+	16 of a provisional license, the Department shall inspect the
	19	+	17 agency and, if the applicant substantially meets the
	20	+	18 requirements for licensure, it shall issue a license under
	21	+	19 this Section. If the Department finds that a holder of a
	22	+	20 provisional license does not substantially meet the
	23	+	21 requirements for licensure, but has made significant progress
	24	+	22 toward meeting those requirements, the Director may renew the
	25	+	23 provisional license once for a period not to exceed 90 120 days
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33		-	from the expiration date of the initial provisional license.
34		-	(b)(1) The Director may also issue a provisional license
35		-	to any licensed agency which does not substantially comply
36		-	with the provisions of this Act and the rules promulgated
37		-	hereunder, provided he finds that the health, safety, and
38		-	well-being of the clients of the agency will be protected
39		-	during the period for which such provisional license is
40		-	issued. The term of such provisional license shall not exceed
41		-	120 days.
42		-	(2) The Director shall advise the licensee of the
43		-	conditions under which such provisional license is issued,
44		-	including the manner in which the licensee fails to comply
45		-	with the provisions of the Act or rules, and the time within
46		-	which the corrections necessary for the agency to
47		-	substantially comply with the Act and rules shall be
48		-	completed.
49		-	(3) The Director, at his discretion, may extend the term
50		-	of such provisional license for an additional 120 days, if he
51		-	finds that the agency has made substantial progress toward
52		-	correcting the violations and bringing the agency into full
53		-	compliance with this Act and the rules promulgated hereunder.
54		-	(c) A 2-year An annual license shall be issued to any
55		-	person conducting or maintaining a home health agency upon
56		-	receipt of an application and payment of the licensure fee,
57		-	and when the other requirements of this Act, and the
58		-	standards, rules and regulations promulgated hereunder, are
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	34	+	1 from the expiration date of the initial provisional license.
	35	+	2 (b)(1) The Director may also issue a provisional license
	36	+	3 to any licensed agency which does not substantially comply
	37	+	4 with the provisions of this Act and the rules promulgated
	38	+	5 hereunder, provided he finds that the health, safety, and
	39	+	6 well-being of the clients of the agency will be protected
	40	+	7 during the period for which such provisional license is
	41	+	8 issued. The term of such provisional license shall not exceed
	42	+	9 120 days.
	43	+	10 (2) The Director shall advise the licensee of the
	44	+	11 conditions under which such provisional license is issued,
	45	+	12 including the manner in which the licensee fails to comply
	46	+	13 with the provisions of the Act or rules, and the time within
	47	+	14 which the corrections necessary for the agency to
	48	+	15 substantially comply with the Act and rules shall be
	49	+	16 completed.
	50	+	17 (3) The Director, at his discretion, may extend the term
	51	+	18 of such provisional license for an additional 120 days, if he
	52	+	19 finds that the agency has made substantial progress toward
	53	+	20 correcting the violations and bringing the agency into full
	54	+	21 compliance with this Act and the rules promulgated hereunder.
	55	+	22 (c) A 2-year An annual license shall be issued to any
	56	+	23 person conducting or maintaining a home health agency upon
	57	+	24 receipt of an application and payment of the licensure fee,
	58	+	25 and when the other requirements of this Act, and the
	59	+	26 standards, rules and regulations promulgated hereunder, are
59	60
60	61
61		-	met. The fee for each single home health agency license or any
62		-	renewal shall be $1,500 $25.
63		-	(d) The Department shall establish, by rule, a system
64		-	whereby an entity that meets the requirements for licensure
65		-	may obtain licensure singly or in any combination for the
66		-	categories authorized under this Act. The Department shall
67		-	develop and implement one application to be used even if a
68		-	combination of licenses authorized under the Act is sought.
69		-	Applicants for multiple licenses under this system shall pay
70		-	the higher of the licensure fees applicable license fees for
71		-	each license. Fees collected under this system shall be
72		-	deposited into the Home Care Services Agency Licensure Fund.
73		-	(Source: P.A. 94-379, eff. 1-1-06.)
74		-	(210 ILCS 55/5) (from Ch. 111 1/2, par. 2805)
75		-	Sec. 5. (a) Each application for a provisional license for
76		-	a home health agency, home services agency, home nursing
77		-	agency, home services placement agency, or home nursing
78		-	placement agency provisional license as provided in Section 4
79		-	shall contain the following information: (1) name, address and
80		-	location of the agency; (2) organization and governing
81		-	structure of agency; (3) number and qualification of staff;
82		-	(4) sources of financing of services and agency; (5) service
83		-	area; (6) patient load; (7) agency utilization; (8) service
84		-	charges; (9) affiliation agreements with other health care
85		-	providers; and (10) such other information as the Department
86	62
87	63
88		-	may require.
89		-	(b) Applications for licenses to be effective on and after
90		-	March 1, 1978, shall be in accordance with departmental
91		-	regulations.
92		-	(Source: P.A. 80-804.)
93		-	(210 ILCS 55/7) (from Ch. 111 1/2, par. 2807)
94		-	Sec. 7. (a) The Director shall appoint a Home Health and
95		-	Home Services Advisory Committee composed of 15 voting members
96		-	and one nonvoting member persons to advise and consult with
97		-	the Director in the administration of this Act. Five of the
98		-	appointed voting members shall represent the home health
99		-	agency profession. Of these 5, one shall represent voluntary
100		-	home health agencies, one shall represent for-profit home
101		-	health agencies, one shall represent private not-for-profit
102		-	home health agencies, one shall represent institution-based
103		-	home health agencies, and one shall represent home health
104		-	agencies operated by local health departments. Four of the
105		-	appointed voting members shall represent the home services
106		-	agency profession. Four of the appointed voting members shall
107		-	represent the general public in the following categories: one
108		-	individual who is a consumer of home health services or a
109		-	family member of a consumer of home health services; one
110		-	individual who is a consumer of home services or a family
111		-	member of a consumer of home services; and two individuals who
112		-	represent an one individual who is a home services worker; and
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115		-	one individual who is a representative of an organization that
116		-	advocates for consumers. One voting member shall be a
117		-	practicing Illinois licensed physician; and one voting member
118		-	shall be an Illinois registered professional nurse with home
119		-	health agency experience. The nonvoting member shall be a home
120		-	services worker. The recommendations of professional, home
121		-	health industry, and home services industry organizations may
122		-	be considered in selecting individuals for appointment to the
123		-	Home Health and Home Services Advisory Committee.
124		-	(b) Each member shall hold office for a term of 3 years,
125		-	except that any member appointed to fill a vacancy occurring
126		-	prior to the expiration of the term for which his predecessor
127		-	was appointed shall be appointed for the remainder of such
128		-	term and the terms of office of the members first taking office
129		-	shall expire, as designated at the time of appointment, one at
130		-	the end of the first year, one at the end of the second year,
131		-	and 3 at the end of the third year. The term of office of each
132		-	of the original appointees shall commence on January 1, 1978.
133		-	(c) The term of office of each of the 6 members appointed
134		-	to the Committee as a result of this amendatory Act of 1989
135		-	shall commence on January 1, 1990. The terms of office of the 6
136		-	members appointed as a result of this amendatory Act of 1989
137		-	shall expire, as designated at the time of appointment, 2 at
138		-	the end of the first year, 2 at the end of the second year, and
139		-	two at the end of the third year.
140		-	(d) The Committee shall meet as frequently as the Director
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	70	+	1 met. The fee for each single home health agency license or any
	71	+	2 renewal shall be $1,500 $25.
	72	+	3 (d) The Department shall establish, by rule, a system
	73	+	4 whereby an entity that meets the requirements for licensure
	74	+	5 may obtain licensure singly or in any combination for the
	75	+	6 categories authorized under this Act. The Department shall
	76	+	7 develop and implement one application to be used even if a
	77	+	8 combination of licenses authorized under the Act is sought.
	78	+	9 Applicants for multiple licenses under this system shall pay
	79	+	10 the higher of the licensure fees applicable license fees for
	80	+	11 each license. Fees collected under this system shall be
	81	+	12 deposited into the Home Care Services Agency Licensure Fund.
	82	+	13 (Source: P.A. 94-379, eff. 1-1-06.)
	83	+	14 (210 ILCS 55/5) (from Ch. 111 1/2, par. 2805)
	84	+	15 Sec. 5. (a) Each application for a provisional license for
	85	+	16 a home health agency, home services agency, home nursing
	86	+	17 agency, home services placement agency, or home nursing
	87	+	18 placement agency provisional license as provided in Section 4
	88	+	19 shall contain the following information: (1) name, address and
	89	+	20 location of the agency; (2) organization and governing
	90	+	21 structure of agency; (3) number and qualification of staff;
	91	+	22 (4) sources of financing of services and agency; (5) service
	92	+	23 area; (6) patient load; (7) agency utilization; (8) service
	93	+	24 charges; (9) affiliation agreements with other health care
	94	+	25 providers; and (10) such other information as the Department
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142	96
143		-	deems necessary. Committee members, while serving on business
144		-	of the Committee, shall receive actual and necessary travel
145		-	and subsistence expenses while so serving away from their
146		-	places of residence.
147		-	(e) The Committee shall provide input and recommendations
148		-	to the Department on the development of rules for the
149		-	licensure of home services agencies and home nursing agencies
150		-	operating in this State. On or before July 1, 2007, the
151		-	Committee shall issue an interim report to the General
152		-	Assembly on the status of development and implementation of
153		-	the rules for home services agency and home nursing agency
154		-	licensure.
155		-	(Source: P.A. 94-379, eff. 1-1-06.)
156		-	(210 ILCS 55/9.02) (from Ch. 111 1/2, par. 2809.02)
157		-	Sec. 9.02. When the Department determines that an agency
158		-	is in violation of this Act or any rule promulgated hereunder,
159		-	a notice of violation shall be served upon the licensee.
160		-	However, if the Department finds that the violation does not
161		-	pose a substantial risk to the health or safety of the agency's
162		-	clients or patients, the Department may choose to request a
163		-	plan of correction for the Department's approval prior to
164		-	issuing the notice of violation. If the agency fails to submit
165		-	an acceptable plan of correction or fails to implement a
166		-	Department-approved plan of correction within the time
167		-	provided by the Department, the Department shall then issue
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170		-	the notice of violation. Each notice of violation shall be
171		-	prepared in writing and shall specify the nature of the
172		-	violation and the statutory provision or rule alleged to have
173		-	been violated. The notice shall inform the licensee of any
174		-	action the Department may take under this Act, including the
175		-	requirement of an agency plan of correction under Section
176		-	9.03, assessment of a penalty under Section 9.04, or licensure
177		-	action under Section 9. The Director or his designee shall
178		-	also inform the licensee of rights to a hearing under Section
179		-	10.
180		-	(Source: P.A. 94-379, eff. 1-1-06.)
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	105	+	1 may require.
	106	+	2 (b) Applications for licenses to be effective on and after
	107	+	3 March 1, 1978, shall be in accordance with departmental
	108	+	4 regulations.
	109	+	5 (Source: P.A. 80-804.)
	110	+	6 (210 ILCS 55/7) (from Ch. 111 1/2, par. 2807)
	111	+	7 Sec. 7. (a) The Director shall appoint a Home Health and
	112	+	8 Home Services Advisory Committee composed of 15 voting members
	113	+	9 and one nonvoting member persons to advise and consult with
	114	+	10 the Director in the administration of this Act. Five of the
	115	+	11 appointed voting members shall represent the home health
	116	+	12 agency profession. Of these 5, one shall represent voluntary
	117	+	13 home health agencies, one shall represent for-profit home
	118	+	14 health agencies, one shall represent private not-for-profit
	119	+	15 home health agencies, one shall represent institution-based
	120	+	16 home health agencies, and one shall represent home health
	121	+	17 agencies operated by local health departments. Four of the
	122	+	18 appointed voting members shall represent the home services
	123	+	19 agency profession. Four of the appointed voting members shall
	124	+	20 represent the general public in the following categories: one
	125	+	21 individual who is a consumer of home health services or a
	126	+	22 family member of a consumer of home health services; one
	127	+	23 individual who is a consumer of home services or a family
	128	+	24 member of a consumer of home services; and two individuals who
	129	+	25 represent an one individual who is a home services worker; and
	130	+
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	133	+
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	140	+	1 one individual who is a representative of an organization that
	141	+	2 advocates for consumers. One voting member shall be a
	142	+	3 practicing Illinois licensed physician; and one voting member
	143	+	4 shall be an Illinois registered professional nurse with home
	144	+	5 health agency experience. The nonvoting member shall be a home
	145	+	6 services worker. The recommendations of professional, home
	146	+	7 health industry, and home services industry organizations may
	147	+	8 be considered in selecting individuals for appointment to the
	148	+	9 Home Health and Home Services Advisory Committee.
	149	+	10 (b) Each member shall hold office for a term of 3 years,
	150	+	11 except that any member appointed to fill a vacancy occurring
	151	+	12 prior to the expiration of the term for which his predecessor
	152	+	13 was appointed shall be appointed for the remainder of such
	153	+	14 term and the terms of office of the members first taking office
	154	+	15 shall expire, as designated at the time of appointment, one at
	155	+	16 the end of the first year, one at the end of the second year,
	156	+	17 and 3 at the end of the third year. The term of office of each
	157	+	18 of the original appointees shall commence on January 1, 1978.
	158	+	19 (c) The term of office of each of the 6 members appointed
	159	+	20 to the Committee as a result of this amendatory Act of 1989
	160	+	21 shall commence on January 1, 1990. The terms of office of the 6
	161	+	22 members appointed as a result of this amendatory Act of 1989
	162	+	23 shall expire, as designated at the time of appointment, 2 at
	163	+	24 the end of the first year, 2 at the end of the second year, and
	164	+	25 two at the end of the third year.
	165	+	26 (d) The Committee shall meet as frequently as the Director
	166	+
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	176	+	1 deems necessary. Committee members, while serving on business
	177	+	2 of the Committee, shall receive actual and necessary travel
	178	+	3 and subsistence expenses while so serving away from their
	179	+	4 places of residence.
	180	+	5 (e) The Committee shall provide input and recommendations
	181	+	6 to the Department on the development of rules for the
	182	+	7 licensure of home services agencies and home nursing agencies
	183	+	8 operating in this State. On or before July 1, 2007, the
	184	+	9 Committee shall issue an interim report to the General
	185	+	10 Assembly on the status of development and implementation of
	186	+	11 the rules for home services agency and home nursing agency
	187	+	12 licensure.
	188	+	13 (Source: P.A. 94-379, eff. 1-1-06.)
	189	+	14 (210 ILCS 55/9.02) (from Ch. 111 1/2, par. 2809.02)
	190	+	15 Sec. 9.02. When the Department determines that an agency
	191	+	16 is in violation of this Act or any rule promulgated hereunder,
	192	+	17 a notice of violation shall be served upon the licensee.
	193	+	18 However, if the Department finds that the violation does not
	194	+	19 pose a substantial risk to the health or safety of the agency's
	195	+	20 clients or patients, the Department may choose to request a
	196	+	21 plan of correction for the Department's approval prior to
	197	+	22 issuing the notice of violation. If the agency fails to submit
	198	+	23 an acceptable plan of correction or fails to implement a
	199	+	24 Department-approved plan of correction within the time
	200	+	25 provided by the Department, the Department shall then issue
	201	+
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	211	+	1 the notice of violation. Each notice of violation shall be
	212	+	2 prepared in writing and shall specify the nature of the
	213	+	3 violation and the statutory provision or rule alleged to have
	214	+	4 been violated. The notice shall inform the licensee of any
	215	+	5 action the Department may take under this Act, including the
	216	+	6 requirement of an agency plan of correction under Section
	217	+	7 9.03, assessment of a penalty under Section 9.04, or licensure
	218	+	8 action under Section 9. The Director or his designee shall
	219	+	9 also inform the licensee of rights to a hearing under Section
	220	+	10 10.
	221	+	11 (Source: P.A. 94-379, eff. 1-1-06.)
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