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90_HB0522 New Act 5 ILCS 80/4.18 new Creates the Home Medical Equipment and Services Provider License Act to regulate the provision of home medical equipment and services through licensure requirements. Sets forth criminal and civil penalties. Amends the Regulatory Agency Sunset Act to repeal the Home Medical Equipment and Services Provider License Act on January 1, 2008. Effective immediately. LRB9000457DPccA LRB9000457DPccA 1 AN ACT creating the Home Medical Equipment and Services 2 Provider License Act and amending a named Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Home Medical Equipment and Services Provider License Act. 7 Section 5. Declaration of legislative findings. The 8 General Assembly finds that home medical equipment and 9 services providers in the State of Illinois affect the 10 public health, welfare, and safety, and therefore finds the 11 regulation and control of those providers to be in the 12 public interest. It is further declared that, as a matter of 13 public policy, home medical equipment and services providers 14 should merit the confidence of the public and, to this end, 15 that only qualified entities be permitted to hold themselves 16 out to the public as home medical equipment and services 17 providers. This Act shall be liberally construed to best 18 carry out these findings. 19 Section 10. Definitions. As used in this Act: 20 (1) "Department" means the Department of 21 Professional Regulation. 22 (2) "Director" means the Director of Professional 23 Regulation. 24 (3) "Board" means the Home Medical Equipment and 25 Services Board. 26 (4) "Home medical equipment and services provider" 27 or "provider" means a legal entity, as defined by State 28 law, engaged in the business of providing home medical 29 equipment and services, whether directly or through a 30 contractual arrangement, to an unrelated sick or -2- LRB9000457DPccA 1 disabled individual where that individual resides. 2 (5) "Home medical equipment and services" means the 3 delivery, installation, maintenance, replacement, or 4 instruction in the use of medical equipment used by a 5 sick or disabled individual to allow the individual to be 6 maintained in his or her residence. 7 (6) "Home medical equipment" means technologically 8 sophisticated medical devices usable in a home care 9 setting, including but not limited to: 10 (A) a device, apparatus, machine, or other 11 similar article bearing a label that states: 12 "Caution: federal law requires dispensing by or on 13 the order of a physician."; 14 (B) oxygen and oxygen delivery systems; 15 (C) ventilators; 16 (D) respiratory disease management devices, 17 excluding compressor driven nebulizers; 18 (E) electronic and computer-driven 19 wheelchairs; 20 (F) wheelchair seating systems; 21 (G) apnea monitors; 22 (H) transcutaneous electrical nerve stimulator 23 (TENS) units; 24 (I) low air-loss cutaneous pressure management 25 devices; 26 (J) sequential compression devices; 27 (K) neonatal home phototherapy devices; 28 (L) enteral feeding pumps; 29 (M) hospital beds; and 30 (N) other similar equipment as defined by the 31 Board. 32 "Home medical equipment" does not mean items 33 typically sold on a non-prescription basis, including but 34 not limited to upper and lower extremity prosthetics and -3- LRB9000457DPccA 1 related orthotics, canes, crutches, walkers, bathtub 2 safety aids, bandages, wraps, and other disposable items. 3 Section 15. Licensure requirement; exempt activities. 4 (a) Beginning January 1, 1998, no entity shall provide 5 home medical equipment and services, or use the title "home 6 medical equipment and services provider" in connection with 7 his or her profession or business, without a license issued 8 by the Department under this Act. 9 (b) Nothing in this Act shall be construed as preventing 10 or restricting the practices, services, or activities of the 11 following, unless those practices, services, or activities 12 include providing home medical equipment and services through 13 a separate legal entity: 14 (1) a person licensed or registered in this State 15 by any other law engaging in the profession or occupation 16 for which he or she is licensed or registered; 17 (2) home health agencies that do not have a Part B 18 Medicare supplier number or that do not engage in the 19 provision of home medical equipment and services; 20 (3) hospitals, excluding hospital-owned and 21 hospital-related providers of home medical equipment and 22 services; 23 (4) manufacturers and wholesale distributors of 24 home medical equipment who do not sell directly to a 25 patient; 26 (5) health care practitioners who lawfully 27 prescribe or order home medical equipment and services, 28 or who use home medical equipment and services to treat 29 their patients, including but not limited to physicians, 30 nurses, physical therapists, respiratory therapists, 31 occupational therapists, speech-language pathologists, 32 optometrists, chiropractors, and podiatrists; 33 (6) pharmacists, pharmacies, and home infusion -4- LRB9000457DPccA 1 pharmacies that are not engaged in the sale or rental of 2 home medical equipment and services; 3 (7) hospice programs that do not involve the sale 4 or rental of home medical equipment and services; 5 (8) nursing homes; 6 (9) veterinarians; 7 (10) dentists; and 8 (11) emergency medical service providers. 9 Section 20. Powers and duties of the Department. 10 (a) The Department shall exercise the powers and duties 11 prescribed by the Civil Administrative Code of Illinois for 12 the administration of licensure Acts and shall exercise other 13 powers and duties necessary for effectuating the purposes of 14 this Act. 15 (b) The Department may adopt rules to administer and 16 enforce this Act, including but not limited to fees for 17 original licensure and renewal and restoration of licenses, 18 and may prescribe forms to be issued to implement this Act. 19 At a minimum, the rules adopted by the Department shall 20 include standards and criteria for licensure and for 21 professional conduct and discipline. The Department shall 22 consult with the Board in adopting rules. Notice of proposed 23 rulemaking shall be transmitted to the Board, and the 24 Department shall review the Board's response and any 25 recommendations made in the response. The Department shall 26 notify the Board in writing with proper explanation of 27 deviations from the Board's recommendations and response. 28 (c) The Department may at any time seek the advice and 29 expert knowledge of the Board on any matter relating to the 30 administration of this Act. 31 (d) The Department shall issue a quarterly report to the 32 Board of the status of all complaints related to the 33 profession and filed with the Department. -5- LRB9000457DPccA 1 Section 25. Home Medical Equipment and Services Board. 2 The Director shall appoint a Home Medical Equipment and 3 Services Board, in consultation with a state association 4 representing the home medical equipment and services 5 industry, to serve in an advisory capacity to the Director. 6 The Board shall consist of 7 members. Four members shall be 7 home medical equipment and services provider 8 representatives, 2 of whom represent businesses grossing less 9 than $500,000 per year in revenues, 2 of whom represent 10 businesses grossing $500,000 or more per year in revenues, 11 and at least one of whom shall also be a pharmacy-based 12 provider. The 3 remaining members shall include one home care 13 clinical specialist, one respiratory care practitioner, and 14 one consumer of home medical equipment and services. 15 Members shall serve 4 year terms and until their 16 successors are appointed and qualified, except that of the 17 initial appointments, the consumer member shall be appointed 18 to serve for one year, 2 members shall be appointed to serve 19 for 2 years, 3 members shall be appointed to serve for 3 20 years, and one member who is a home medical equipment and 21 services provider representative shall be appointed to serve 22 for 4 years, and until their successors are appointed and 23 qualified. No member shall be reappointed to the Board for a 24 term that would cause continuous service on the Board to 25 exceed 8 years. Appointments to fill vacancies shall be made 26 in the same manner as original appointments, for the 27 unexpired portion of the vacated term. Initial terms shall 28 begin on the effective date of this Act. 29 The home medical equipment and services provider 30 representatives appointed to the Board shall have engaged in 31 the provision of home medical equipment and services or 32 related home care services for at least 3 years prior to 33 their appointment, shall be currently engaged in providing 34 home medical equipment and services in the State of Illinois, -6- LRB9000457DPccA 1 and must have no record of convictions related to fraud or 2 abuse under either State or federal law. 3 The membership of the Board should reasonably reflect 4 representation from the geographic areas in this State. 5 The Board shall annually elect one of its members as 6 chairperson. 7 Members of the Board shall receive as compensation a 8 reasonable sum as determined by the Director for each day 9 actually engaged in the duties of the office, and shall be 10 reimbursed for reasonable expenses incurred in performing the 11 duties of the office. 12 The Board shall present an annual report to the Director, 13 the content of which shall be set forth by rule of the 14 Department. 15 The Director may terminate the appointment of any member 16 for cause which in the opinion of the Director reasonably 17 justifies the termination. 18 Through consultation with members of a state association 19 for the home medical equipment and services industry, the 20 Board may recommend to the Department rules that specify the 21 medical equipment to be included under this Act, that set 22 standards for the licensure, professional conduct, and 23 discipline of entities that provide home medical equipment 24 and services, and that govern the safety and quality of home 25 medical equipment and services. The Director shall consider 26 the recommendations of the Board. 27 Section 30. Application for original licensure. 28 Applications for original licensure shall be made to the 29 Department in writing and signed by the applicant on forms 30 prescribed by the Department and shall be accompanied by a 31 nonrefundable fee set by rule of the Department. The 32 Department may require from an applicant information that, in 33 its judgment, will enable the Department to pass on the -7- LRB9000457DPccA 1 qualifications of the applicant for licensure. 2 An applicant has 3 years from the date of application to 3 complete the application process. If the process has not 4 been completed in 3 years, the application shall be denied, 5 the fee shall be forfeited, and the applicant must reapply 6 and meet the requirements in effect at the time of 7 reapplication. 8 Section 35. Qualifications for licensure. 9 (a) An entity is qualified to receive a license as a 10 home medical equipment and services provider if the entity 11 meets each of the following requirements: 12 (1) complies with all applicable federal and State 13 licensure and regulatory requirements; 14 (2) maintains a physical facility and medical 15 equipment inventory. There shall only be one license 16 permitted at each address; 17 (3) establishes proof of commercial general 18 liability insurance, including but not limited to 19 coverage for products liability and professional 20 liability; 21 (4) establishes and provides records of annual 22 continuing education for personnel engaged in the 23 delivery, maintenance, repair, cleaning, inventory 24 control, and financial management of home medical 25 equipment and services; 26 (5) maintains records on all patients to whom it 27 provides home medical equipment and services; 28 (6) establishes equipment management and personnel 29 policies; 30 (7) makes life sustaining home medical equipment 31 and services available 24 hours per day and 7 days per 32 week; 33 (8) complies with any additional qualifications for -8- LRB9000457DPccA 1 licensure as determined by rule of the Department. 2 (b) Notwithstanding the requirements of subsection (a), 3 an applicant may qualify for licensure by submitting 4 documents evidencing accreditation through a recognized 5 national accrediting body based on home care standards. The 6 Board shall issue a license upon receipt of a copy of a valid 7 accreditation letter from a recognized national accrediting 8 body. 9 (c) The Department may request a personal interview of 10 an applicant before the Board to further evaluate the 11 entity's qualifications for licensure. 12 Section 40. Issuance of license. The Department shall 13 issue a license to an applicant who has met the requirements 14 of Section 35 and has paid the required application fee. 15 Section 45. Display of license; advertising; penalties. 16 (a) An entity that advertises home medical equipment and 17 services shall, at its place of business, display the license 18 of the entity. The number of the license so displayed shall 19 also be included with the entity's identification on vehicles 20 used for licensed activities. 21 (b) No entity that provides home medical equipment 22 services may advertise the equipment and services unless that 23 entity includes in the advertisement the license number that 24 is required to be displayed under subsection (a). Nothing 25 contained in this subsection requires the publisher of 26 advertising for home medical equipment and services to 27 investigate or verify the accuracy of the license number 28 provided by the advertiser. 29 (c) An entity that advertises home medical equipment and 30 services and that (i) fails to display the license number as 31 required by subsection (a), (ii) fails to provide a publisher 32 with the correct license number under subsection (b), or -9- LRB9000457DPccA 1 (iii) provides a publisher with a false license number or a 2 license number of an entity other than the entity designated 3 under subsection (a), or any entity that allows its license 4 number to be displayed or used in order to allow another 5 entity to circumvent any provisions of this Section, is 6 guilty of a Class A misdemeanor with a fine of $1,000. Each 7 day that an entity fails to display the required license 8 under subsection (a), each day that an advertisement runs, or 9 each day that an entity allows its license to be displayed or 10 used in violation of this Section constitutes a separate 11 offense. In addition to, and not in lieu of, the penalties 12 and remedies provided for in this Section, an entity licensed 13 under this Act who violates a provision of this Section shall 14 be subject to the administrative enforcement provisions of 15 this Act. 16 Section 50. License expiration; renewal. The expiration 17 date, renewal period, renewal fees, and procedures for 18 renewal of licenses issued under this Act shall be set by 19 rule of the Department. An entity may renew its license by 20 paying the required fee and by meeting the renewal 21 requirements adopted by the Department under this Section. 22 Section 55. Restoration of expired or inactive license. A 23 home medical equipment and services provider that has 24 permitted its license to expire or that has had the license 25 on inactive status may have the license restored at any time 26 within 5 years of its expiration or placement on inactive 27 status by paying the required restoration fee. 28 A home medical equipment and services provider whose 29 license has been expired for more than 5 years or has been on 30 inactive status for more than 5 years may have the license 31 restored by making application to the Department and filing 32 proof acceptable to the Department of fitness to have the -10- LRB9000457DPccA 1 license restored, including sworn evidence certifying to 2 active practice in another jurisdiction satisfactory to the 3 Department and by paying the required restoration fee. If 4 the home medical equipment and services provider has not 5 maintained an active practice in another jurisdiction 6 satisfactory to the Department, the Department shall 7 determine the entity's fitness to resume active status 8 through an evaluation program established by rule of the 9 Department with the advice of the Board. 10 Section 60. Endorsement. The Department may, at its 11 discretion, license as a home medical equipment and services 12 provider, on payment of the required fee, an applicant who is 13 a home medical equipment and services provider registered or 14 licensed under the laws of another state, territory, or 15 country if the requirements pertaining to home medical 16 equipment and services providers in that state, territory, or 17 country were, on the date of the registration or licensure, 18 substantially equal to the requirements in force in Illinois 19 on that date. 20 Applicants have 3 years from the date of application to 21 complete the application process. If the process has not been 22 completed in 3 years, the application shall be denied, the 23 fee shall be forfeited, and the applicant must reapply and 24 meet the requirements in effect at the time of reapplication. 25 Section 65. Fees; returned checks. An entity who delivers 26 a check or other payment to the Department that is returned 27 to the Department unpaid by the financial institution upon 28 which it is drawn shall pay to the Department, in addition to 29 the amount already owed to the Department, a fine of $50. If 30 the check or other payment was for a renewal or issuance fee 31 and that entity operates without paying the renewal or 32 issuance fee and the fine due, an additional fine of $100 -11- LRB9000457DPccA 1 shall be imposed. The fines imposed by this Section are in 2 addition to any other discipline provided under this Act for 3 unlicensed practice or practice on a nonrenewed license. The 4 Department shall notify the entity that fees and fines shall 5 be paid to the Department by certified check or money order 6 within 30 calendar days of the notification. If, after the 7 expiration of 30 days from the date of the notification, the 8 entity has failed to submit the necessary remittance, the 9 Department shall automatically terminate the license or deny 10 the application without a hearing. If the entity seeks a 11 license after termination or denial, the entity shall apply 12 to the Department for restoration or issuance of the license 13 and pay all fees and fines owed to the Department. The 14 Department may establish a fee for the processing of an 15 application for restoration of a license to pay all expenses 16 of processing that application. The Director may waive the 17 fines due under this Section in individual cases where the 18 Director finds that the fines would be unreasonable or 19 unnecessarily burdensome. 20 Section 70. Roster of licensees. The Department shall 21 maintain a roster of the names and addresses of all licensees 22 and of all entities whose license has been suspended or 23 revoked within the previous year. This roster shall be 24 available upon written request and payment of the required 25 fee. 26 Section 75. Refused issuance, suspension, or revocation 27 of license. The Department may refuse to issue, renew, or 28 restore a license, or may revoke, suspend, place on 29 probation, reprimand, impose a fine not to exceed $500 for 30 each violation, or take other disciplinary action as the 31 Department may deem proper with regard to a licensee for any 32 one or combination of the following reasons: -12- LRB9000457DPccA 1 (1) Making a material misstatement in furnishing 2 information to the Department. 3 (2) Negligent or intentional disregard of this Act 4 or its rules. 5 (3) Conviction of a crime under the laws of the 6 United States or any state or territory thereof that is a 7 felony or a misdemeanor, an essential element of which is 8 dishonesty, or conviction of a crime that is directly 9 related to the provision of home medical equipment and 10 services. 11 (4) Making a misrepresentation to obtain licensure 12 or to violate a provision of this Act. 13 (5) Professional incompetence. 14 (6) Malpractice. 15 (7) Aiding, assisting, or willingly permitting 16 another person in violating any provision of this Act or 17 its rules. 18 (8) Failing, within 60 days, to provide information 19 in response to a written request made by the Department. 20 (9) Engaging in dishonorable, unethical, or 21 unprofessional conduct of a character likely to deceive, 22 defraud, or harm the public. 23 (10) Discipline by another state, District of 24 Columbia, territory, or foreign nation, if at least one 25 of the grounds for the discipline is the same or 26 substantially equivalent to one set forth in this Act. 27 (11) Directly or indirectly giving to or receiving 28 from any person, firm, corporation, partnership, or 29 association any fee, commission, rebate, or other form of 30 compensation for any services not actually or personally 31 rendered. 32 (12) A finding that the licensee, after having its 33 license placed on probationary status, has violated the 34 terms of probation. -13- LRB9000457DPccA 1 (13) Willfully making or filing false records or 2 reports in the course of providing home medical equipment 3 and services, including but not limited to false records 4 or reports filed with State agencies or departments. 5 (14) Solicitation of business services, other than 6 according to permitted advertising. 7 (15) The use of any words, abbreviations, figures, 8 or letters with the intention of indicating practice as a 9 home medical equipment and services provider without a 10 license issued under this Act. 11 (16) Failure to file a return, or to pay the tax, 12 penalty, or interest shown in a filed return, or to pay 13 any final assessment of tax, penalty, or interest, as 14 required by any tax Act administered by the Department 15 of Revenue, until such time as the requirements of any 16 such tax Act are satisfied. 17 Section 80. Cease and desist order. 18 (a) If any entity violates a provision of this Act, the 19 Director may, in the name of the People of the State of 20 Illinois, through the Attorney General of the State of 21 Illinois, petition for an order enjoining the violation or 22 for an order enforcing compliance with this Act. Upon the 23 filing of a verified petition in court, the court may issue a 24 temporary restraining order, without notice or bond, and may 25 preliminarily and permanently enjoin the violation, and if it 26 is established that the entity has violated or is violating 27 the injunction, the court may punish the offender for 28 contempt of court. Proceedings under this Section shall be 29 in addition to, and not in lieu of, all other remedies and 30 penalties provided by this Act. 31 (b) If an entity holds itself out as a provider of home 32 medical equipment and services without a license issued under 33 this Act, an interested party or any person injured thereby, -14- LRB9000457DPccA 1 in addition to the Director, may petition for relief as 2 provided in subsection (a) of this Section. 3 (c) Whenever in the opinion of the Department an entity 4 violates a provision of this Act, the Department may issue a 5 rule to show cause why an order to cease and desist should 6 not be entered against the entity. The rule shall clearly 7 set forth the grounds relied upon by the Department and shall 8 provide a period of 7 days from the date of the rule to file 9 an answer to the satisfaction of the Department. Failure to 10 answer to the satisfaction of the Department shall cause an 11 order to cease and desist to be issued immediately. 12 Section 85. Unlicensed practice; civil penalty. 13 (a) An entity who practices, offers to practice, attempts 14 to practice, or holds itself out to practice as a home 15 medical equipment and services provider without being 16 licensed under this Act shall, in addition to any other 17 penalty provided by law, pay a civil penalty to the 18 Department in an amount not to exceed $5,000 for each offense 19 as determined by the Department. The civil penalty shall be 20 assessed by the Department after a hearing is held in 21 accordance with the provisions set forth in this Act 22 regarding the provision of a hearing for the discipline of a 23 licensee. The civil penalty shall be paid within 60 days 24 after the effective date of the order imposing the civil 25 penalty. The order shall constitute a judgment and may be 26 filed and executed in the same manner as any judgment from 27 any court of record. 28 (b) The Department may investigate any unlicensed 29 activity. 30 Section 90. Mandatory inspections. The Department shall 31 inspect licensees at least once every 3 years for compliance 32 with the requirements of this Act unless the licensee can -15- LRB9000457DPccA 1 demonstrate proof of renewal of accreditation with a 2 recognized national accrediting body. The Department shall 3 conduct random inspections upon renewal of a license, for 4 cause or as necessary to assure the integrity and 5 effectiveness of the licensing process. Upon failure to pass 6 inspection, a provider's license shall be suspended or denied 7 as applicable, pending review by the Board. The Department 8 may authorize qualified individuals to conduct inspections. 9 The Department shall set by rule, and pay to an inspector, a 10 fee for each inspection. An entity that fails to pass an 11 inspection is subject to penalties under Section 80. Upon 12 notice of failure to pass an inspection, a provider shall 13 have 30 days to appeal the inspection results. On appeal, a 14 provider shall have the right to an inspection review or to a 15 new inspection in accordance with procedures adopted by the 16 Department. 17 Section 95. Investigations; notice and hearing. 18 (a) The Department may investigate the actions of an 19 applicant or of an entity holding or claiming to hold a 20 license. 21 (b) The Department shall, before refusing to issue or 22 renew a license or disciplining a licensee, at least 30 days 23 prior to the date set for the hearing, notify in writing the 24 applicant or licensee of the nature of the charges and that a 25 hearing will be held on the date designated. The Department 26 shall direct the applicant or licensee to file a written 27 answer to the Board under oath within 20 days after the 28 service of the notice and inform the applicant or licensee 29 that failure to file an answer will result in default being 30 taken against the applicant or licensee and that the license 31 may be suspended, revoked, placed on probationary status, or 32 other disciplinary action may be taken, including limiting 33 the scope, nature, or extent of business, as the Director may -16- LRB9000457DPccA 1 deem proper. Written notice may be served by personal 2 delivery or certified or registered mail to the respondent at 3 the address of the entity's last notification to the 4 Department. If the entity fails to file an answer after 5 receiving notice, the entity's license may, in the discretion 6 of the Department, be suspended, revoked, or placed on 7 probationary status, or the Department may take whatever 8 disciplinary action it deems proper, including limiting the 9 scope, nature, or extent of the entity's business, or 10 imposing a fine, without a hearing, if the act or acts 11 charged constitute sufficient grounds for such action under 12 this Act. At the time and place fixed in the notice, the 13 Board shall proceed to hear the charges, and the parties or 14 their counsel shall be accorded ample opportunity to present 15 such statements, testimony, evidence, and argument as may be 16 pertinent to the charges or to their defense. The Board may 17 continue a hearing from time to time. 18 Section 100. Stenographer; transcript. The Department at 19 its expense, shall preserve a record of all proceedings at 20 the formal hearing of any case involving the refusal to issue 21 or renew a license or the discipline of a licensee. The 22 notice of hearing, complaint, and all other documents in the 23 nature of pleadings, written motions filed in the 24 proceedings, the transcript of testimony, the report of the 25 Board, and the order of the Department shall be the record of 26 the proceeding. 27 Section 105. Compelling testimony. A circuit court may, 28 upon application of the Department or its designee or of the 29 applicant or licensee against whom proceedings under Section 30 95 are pending, enter an order requiring the attendance of 31 witnesses and their testimony and the production of 32 documents, papers, files, books, and records in connection -17- LRB9000457DPccA 1 with any hearing or investigation. The court may compel 2 obedience to its order by proceedings for contempt. 3 Section 110. Findings and recommendations. At the 4 conclusion of the hearing the Board shall present to the 5 Director a written report of its findings and 6 recommendations. The report shall contain a finding of 7 whether or not the accused entity violated this Act or failed 8 to comply with the conditions required in this Act. The 9 Board shall specify the nature of the violation or failure to 10 comply, and shall make its recommendations to the Director. 11 The report of findings and recommendations of the Board 12 shall be the basis for the Department's order of refusal or 13 for the granting of licensure unless the Director shall 14 determine that the Board's report is contrary to the manifest 15 weight of the evidence, in which case the Director may issue 16 an order in contravention of the Board's report. The finding 17 is not admissible in evidence against the entity in a 18 criminal prosecution brought for the violation of this Act, 19 but the hearing and finding are not a bar to a criminal 20 prosecution brought for the violation of this Act. 21 Section 115. Rehearing on motion. In a case involving the 22 refusal to issue or renew a license or the discipline of a 23 licensee, a copy of the Board's report shall be served upon 24 the respondent by the Department, either personally or as 25 provided in this Act for the service of the notice of 26 hearing. Within 20 days after such service, the respondent 27 may present to the Department a motion in writing for a 28 rehearing, which shall specify the particular grounds for the 29 rehearing. If no motion for rehearing is filed, then upon the 30 expiration of the time specified for filing the motion, or if 31 a motion for rehearing is denied, then upon such denial the 32 Director may enter an order in accordance with -18- LRB9000457DPccA 1 recommendations of the Board except as provided in Section 2 120 of this Act. If the respondent shall order from the 3 reporting service and pay for a transcript of the record with 4 the time for filing a motion for rehearing, the 20 day period 5 within which such a motion may be filed shall commence upon 6 the delivery of the transcript to the respondent. 7 Section 120. Rehearing on order of Director. Whenever the 8 Director is satisfied that substantial justice has not been 9 done in the revocation or suspension of a license or refusal 10 to issue or renew a license, the Director may order a 11 rehearing by the same or another Board. 12 Section 125. Hearing officer. The Director has the 13 authority to appoint an attorney duly licensed to practice 14 law in the State of Illinois to serve as the hearing officer 15 in an action for refusal to issue or renew a license, or for 16 the discipline of a licensee. The Director shall notify the 17 Board of an appointment. The hearing officer shall have full 18 authority to conduct the hearing. The hearing officer shall 19 report his or her findings and recommendations to the Board 20 and the Director. The Board shall have 60 days from receipt 21 of the report to review the report of the hearing officer and 22 present its findings of fact, conclusions of law and 23 recommendation to the Director. If the Board fails to 24 present its report within the 60 day period, the Director 25 shall issue an order based on the report of the hearing 26 officer. If the Director determines that the Board's report 27 is contrary to the manifest weight of the evidence, he or she 28 may issue an order in contravention of the Board's report. 29 Section 130. Order or certified copy. An order or a 30 certified copy of an order, over the seal of the Department 31 and purporting to be signed by the Director, shall be prima -19- LRB9000457DPccA 1 facie proof that: 2 (1) the signature is the genuine signature of the 3 Director; 4 (2) the Director is duly appointed and qualified; 5 and 6 (3) the Board and its members are qualified to act. 7 This proof may be rebutted. 8 Section 135. Restoration of license. At any time after 9 the suspension or revocation of a license, the Department may 10 restore the license to the accused entity upon the written 11 recommendation of the Board unless, after an investigation 12 and a hearing, the Board determines that restoration is not 13 in the public interest. 14 Section 140. Surrender of license. Upon the revocation 15 or suspension of a license, the licensee shall immediately 16 surrender the license to the Department, and if the entity 17 fails to do so, the Department shall have the right to seize 18 the license. 19 Section 145. Temporary suspension of a license. The 20 Director may temporarily suspend the license of a home 21 medical equipment and services provider without a hearing, 22 simultaneously with the institution of proceedings for a 23 hearing provided for in Section 95 of this Act, if the 24 Director finds that evidence in his or her possession 25 indicates that the home medical equipment and services 26 provider's continuation in business would constitute an 27 imminent danger to the public. If the Director temporarily 28 suspends the license of a home medical equipment and services 29 provider without a hearing, a hearing by the Board must be 30 held within 30 days of the suspension. -20- LRB9000457DPccA 1 Section 150. Administrative Review Law. All final 2 administrative decisions of the Department are subject to 3 judicial review pursuant to the provisions of the 4 Administrative Review Law, as now or hereafter amended, and 5 all rules adopted pursuant to that Law. The term 6 "administrative decision" is defined as in Section 3-101 of 7 the Code of Civil Procedure. 8 Proceedings for judicial review shall be commenced in the 9 circuit court of the county in which the party applying for 10 relief resides, but if the party is not a resident of this 11 State, the venue shall be in Sangamon County. 12 Section 155. Certification of record; costs. The 13 Department shall not be required to certify any record to a 14 court or file any answer in court or otherwise appear in a 15 court in a judicial review proceeding, unless there is filed 16 in the court, with the complaint, a receipt from the 17 Department acknowledging payment of the costs of furnishing 18 and certifying the record. Failure on the part of the 19 plaintiff to file a receipt in court shall be grounds for 20 dismissal of the action. 21 Section 160. Criminal penalties. An entity who is found 22 to have violated a provision of this Act is guilty of a Class 23 A misdemeanor. On conviction of a second or subsequent 24 offense, the violator shall be guilty of a Class 4 felony. 25 Section 165. Administrative Procedure Act. The Illinois 26 Administrative Procedure Act is hereby expressly adopted and 27 incorporated in this Act as if all of the provisions of that 28 Act were included in this Act, except that the provision of 29 subsection (d) of Section 10-65 of the Illinois 30 Administrative Procedure Act, which provides that at hearings 31 the license holder has the right to show compliance with all -21- LRB9000457DPccA 1 lawful requirements for retention, continuation, or renewal 2 of a license, is specifically excluded. For the purposes of 3 this Act, the notice required under Section 10-25 of the 4 Illinois Administrative Procedure Act is deemed sufficient 5 when mailed to the last known address of a party. 6 Section 170. Exclusive State regulation. It is declared 7 to be the public policy of this State, pursuant to paragraph 8 (h) of Section 6 of Article VII of the Illinois Constitution 9 of 1970, that any power or function set forth in this Act to 10 be exercised by the State is an exclusive State power or 11 function. Such power or function shall not be exercised 12 concurrently, whether directly or indirectly, by any unit of 13 local government, including home rule units, except as 14 otherwise provided in this Act. 15 Section 175. Entities currently operating. Entities 16 engaged in the business of providing home medical equipment 17 and services at least 3 months prior to the effective date of 18 this Act shall be issued a license valid for 2 years, upon 19 application and payment of the required fee, without the 20 necessity for a determination of compliance with the 21 requirements of subsection (a) of Section 40. During the 22 first year of licensure, such providers shall be subject to 23 random inspections for compliance with applicable standards, 24 unless such providers have a valid accreditation from a 25 recognized national accrediting body. 26 Section 180. Deposit of fees and fines; appropriations. 27 All of the fees and fines collected under this Act shall be 28 deposited into the General Professions Dedicated Fund, and 29 shall be used by the Department, as appropriated, for the 30 ordinary and contingent expenses of the Department. -22- LRB9000457DPccA 1 Section 300. The Regulatory Agency Sunset Act is amended 2 by adding Section 4.18 as follows: 3 (5 ILCS 80/4.18 new) 4 Sec. 4.18. Act repealed January 1, 2008. The following 5 Act is repealed January 1, 2008: 6 The Home Medical Equipment and Services Provider License 7 Act. 8 Section 999. Effective date. This Act takes effect upon 9 becoming law.
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