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90_HB0522enr 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 HB0522 Enrolled 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 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 HB0522 Enrolled -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, apparatuses, machines, or 9 other similar articles bearing a label that states 10 "Caution: federal law requires dispensing by or on the 11 order of a physician.", which are usable in a home care 12 setting, including but not limited to: 13 (A) oxygen and oxygen delivery systems; 14 (B) ventilators; 15 (C) respiratory disease management devices, 16 excluding compressor driven nebulizers; 17 (D) wheelchair seating systems; 18 (E) apnea monitors; 19 (F) transcutaneous electrical nerve stimulator 20 (TENS) units; 21 (G) low air-loss cutaneous pressure management 22 devices; 23 (H) sequential compression devices; 24 (I) neonatal home phototherapy devices; 25 (J) enteral feeding pumps; and 26 (K) other similar equipment as defined by the 27 Board. 28 "Home medical equipment" also includes hospital beds and 29 electronic and computer-driven wheelchairs, excluding 30 scooters. 31 Section 15. Licensure requirement; exempt activities. 32 (a) No entity shall provide home medical equipment and 33 services, or use the title "home medical equipment and HB0522 Enrolled -3- LRB9000457DPccA 1 services provider" in connection with his or her profession 2 or business, without a license issued by the Department under 3 this Act. 4 (b) Nothing in this Act shall be construed as preventing 5 or restricting the practices, services, or activities of the 6 following, unless those practices, services, or activities 7 include providing home medical equipment and services through 8 a separate legal entity: 9 (1) a person licensed or registered in this State 10 by any other law engaging in the profession or occupation 11 for which he or she is licensed or registered; 12 (2) a home medical services provider entity that is 13 accredited under home care standards by a recognized 14 accrediting body; 15 (3) home health agencies that do not have a Part B 16 Medicare supplier number or that do not engage in the 17 provision of home medical equipment and services; 18 (4) hospitals, excluding hospital-owned and 19 hospital-related providers of home medical equipment and 20 services; 21 (5) manufacturers and wholesale distributors of 22 home medical equipment who do not sell directly to a 23 patient; 24 (6) health care practitioners who lawfully 25 prescribe or order home medical equipment and services, 26 or who use home medical equipment and services to treat 27 their patients, including but not limited to physicians, 28 nurses, physical therapists, respiratory therapists, 29 occupational therapists, speech-language pathologists, 30 optometrists, chiropractors, and podiatrists; 31 (7) pharmacists, pharmacies, and home infusion 32 pharmacies that are not engaged in the sale or rental of 33 home medical equipment and services; 34 (8) hospice programs that do not involve the sale HB0522 Enrolled -4- LRB9000457DPccA 1 or rental of home medical equipment and services; 2 (9) nursing homes; 3 (10) veterinarians; 4 (11) dentists; and 5 (12) emergency medical service providers. 6 Section 20. Powers and duties of the Department. 7 (a) The Department shall exercise the powers and duties 8 prescribed by the Civil Administrative Code of Illinois for 9 the administration of licensure Acts and shall exercise other 10 powers and duties necessary for effectuating the purposes of 11 this Act. 12 (b) The Department may adopt rules to administer and 13 enforce this Act, including but not limited to fees for 14 original licensure and renewal and restoration of licenses, 15 and may prescribe forms to be issued to implement this Act. 16 At a minimum, the rules adopted by the Department shall 17 include standards and criteria for licensure and for 18 professional conduct and discipline. The Department shall 19 consult with the Board in adopting rules. Notice of proposed 20 rulemaking shall be transmitted to the Board, and the 21 Department shall review the Board's response and any 22 recommendations made in the response. The Department shall 23 notify the Board in writing with proper explanation of 24 deviations from the Board's recommendations and response. 25 (c) The Department may at any time seek the advice and 26 expert knowledge of the Board on any matter relating to the 27 administration of this Act. 28 (d) The Department shall issue a quarterly report to the 29 Board of the status of all complaints related to the 30 profession and filed with the Department. 31 Section 25. Home Medical Equipment and Services Board. 32 The Director shall appoint a Home Medical Equipment and HB0522 Enrolled -5- LRB9000457DPccA 1 Services Board, in consultation with a state association 2 representing the home medical equipment and services 3 industry, to serve in an advisory capacity to the Director. 4 The Board shall consist of 7 members. Four members shall be 5 home medical equipment and services provider 6 representatives, 2 of whom represent businesses grossing less 7 than $500,000 per year in revenues, 2 of whom represent 8 businesses grossing $500,000 or more per year in revenues, 9 and at least one of whom shall also be a pharmacy-based 10 provider. The 3 remaining members shall include one home care 11 clinical specialist, one respiratory care practitioner, and 12 one consumer of home medical equipment and services. 13 Members shall serve 4 year terms and until their 14 successors are appointed and qualified, except that of the 15 initial appointments, the consumer member shall be appointed 16 to serve for one year, 2 members shall be appointed to serve 17 for 2 years, 3 members shall be appointed to serve for 3 18 years, and one member who is a home medical equipment and 19 services provider representative shall be appointed to serve 20 for 4 years, and until their successors are appointed and 21 qualified. No member shall be reappointed to the Board for a 22 term that would cause continuous service on the Board to 23 exceed 8 years. Appointments to fill vacancies shall be made 24 in the same manner as original appointments, for the 25 unexpired portion of the vacated term. 26 The home medical equipment and services provider 27 representatives appointed to the Board shall have engaged in 28 the provision of home medical equipment and services or 29 related home care services for at least 3 years prior to 30 their appointment, shall be currently engaged in providing 31 home medical equipment and services in the State of Illinois, 32 and must have no record of convictions related to fraud or 33 abuse under either State or federal law. 34 The membership of the Board should reasonably reflect HB0522 Enrolled -6- LRB9000457DPccA 1 representation from the geographic areas in this State. 2 The Board shall annually elect one of its members as 3 chairperson and vice chairperson. 4 Members of the Board shall receive as compensation a 5 reasonable sum as determined by the Director for each day 6 actually engaged in the duties of the office, and shall be 7 reimbursed for authorized expenses incurred in performing the 8 duties of the office. 9 The Director may terminate the appointment of any member 10 for cause which in the opinion of the Director reasonably 11 justifies the termination. 12 Through consultation with members of a state association 13 for the home medical equipment and services industry, the 14 Board may recommend to the Department rules that specify the 15 medical equipment to be included under this Act, that set 16 standards for the licensure, professional conduct, and 17 discipline of entities that provide home medical equipment 18 and services, and that govern the safety and quality of home 19 medical equipment and services. The Director shall consider 20 the recommendations of the Board. 21 Members of the Board shall be immune from suit in an 22 action based upon any disciplinary proceedings or other 23 activities performed in good faith as members of the Board. 24 A majority of Board members currently appointed shall 25 constitute a quorum. A vacancy in the membership of the Board 26 shall not impair the rights of a quorum to exercise the 27 rights and perform all of the duties of the Board. 28 Section 30. Application for original licensure. 29 Applications for original licensure shall be made to the 30 Department in writing and signed by the applicant on forms 31 prescribed by the Department and shall be accompanied by a 32 nonrefundable fee set by rule of the Department. The 33 Department may require from an applicant information that, in HB0522 Enrolled -7- LRB9000457DPccA 1 its judgment, will enable the Department to pass on the 2 qualifications of the applicant for licensure. 3 An applicant has 3 years from the date of application to 4 complete the application process. If the process has not 5 been completed in 3 years, the application shall be denied, 6 the fee shall be forfeited, and the applicant must reapply 7 and meet the requirements in effect at the time of 8 reapplication. 9 Section 35. Qualifications for licensure. 10 (a) An entity is qualified to receive a license as a 11 home medical equipment and services provider if the entity 12 meets each of the following requirements: 13 (1) complies with all applicable federal and State 14 licensure and regulatory requirements; 15 (2) maintains a physical facility and medical 16 equipment inventory. There shall only be one license 17 permitted at each address; 18 (3) establishes proof of commercial general 19 liability insurance, including but not limited to 20 coverage for products liability and professional 21 liability; 22 (4) establishes and provides records of annual 23 continuing education for personnel engaged in the 24 delivery, maintenance, repair, cleaning, inventory 25 control, and financial management of home medical 26 equipment and services; 27 (5) maintains records on all patients to whom it 28 provides home medical equipment and services; 29 (6) establishes equipment management and personnel 30 policies; 31 (7) makes life sustaining home medical equipment 32 and services available 24 hours per day and 7 days per 33 week; HB0522 Enrolled -8- LRB9000457DPccA 1 (8) complies with any additional qualifications for 2 licensure as determined by rule of the Department. 3 (b) The Department may request a personal interview of 4 an applicant before the Board to further evaluate the 5 entity's qualifications for licensure. 6 Section 40. Issuance of license. The Department shall 7 begin issuing licenses under this Act within 2 years after 8 the effective date of this Act. The Department shall issue a 9 license to an applicant who has met the requirements of 10 Section 35 and has paid the required application fee. 11 Section 45. Display of license; advertising; penalties. 12 (a) An entity that advertises home medical equipment and 13 services shall, at its place of business, display the license 14 of the entity. 15 (b) No entity that provides home medical equipment 16 services may advertise the equipment and services unless that 17 entity includes in the advertisement the statement "Licensed 18 in the State of Illinois". 19 Section 50. License expiration; renewal. The expiration 20 date, renewal period, renewal fees, and procedures for 21 renewal of licenses issued under this Act shall be set by 22 rule of the Department. An entity may renew its license by 23 paying the required fee and by meeting the renewal 24 requirements adopted by the Department under this Section. 25 Section 55. Restoration of expired license. A home 26 medical equipment and services provider whose license has 27 expired may have the license restored by making application 28 to the Department, by paying the required fees, and by filing 29 proof acceptable to the Department of fitness to have the 30 license restored as established by rule. HB0522 Enrolled -9- LRB9000457DPccA 1 Section 65. Fees; returned checks. An entity who delivers 2 a check or other payment to the Department that is returned 3 to the Department unpaid by the financial institution upon 4 which it is drawn shall pay to the Department, in addition to 5 the amount already owed to the Department, a fine of $50. If 6 the check or other payment was for a renewal or issuance fee 7 and that entity operates without paying the renewal or 8 issuance fee and the fine due, an additional fine of $100 9 shall be imposed. The fines imposed by this Section are in 10 addition to any other discipline provided under this Act for 11 unlicensed practice or practice on a nonrenewed license. The 12 Department shall notify the entity that fees and fines shall 13 be paid to the Department by certified check or money order 14 within 30 calendar days of the notification. If, after the 15 expiration of 30 days from the date of the notification, the 16 entity has failed to submit the necessary remittance, the 17 Department shall automatically terminate the license or deny 18 the application without a hearing. If the entity seeks a 19 license after termination or denial, the entity shall apply 20 to the Department for restoration or issuance of the license 21 and pay all fees and fines owed to the Department. The 22 Department may establish a fee for the processing of an 23 application for restoration of a license to pay all expenses 24 of processing that application. The Director may waive the 25 fines due under this Section in individual cases where the 26 Director finds that the fines would be unreasonable or 27 unnecessarily burdensome. 28 Section 70. Roster of licensees. The Department shall 29 maintain a roster of the names and addresses of all licensees 30 and of all entities whose license has been suspended or 31 revoked within the previous year. This roster shall be 32 available upon written request and payment of the required 33 fee. HB0522 Enrolled -10- LRB9000457DPccA 1 Section 75. Refused issuance, suspension, or revocation 2 of license. The Department may refuse to issue, renew, or 3 restore a license, or may revoke, suspend, place on 4 probation, reprimand, impose a fine not to exceed $1,000 for 5 each violation, or take other disciplinary action as the 6 Department may deem proper with regard to a licensee for any 7 one or combination of the following reasons: 8 (1) Making a material misstatement in furnishing 9 information to the Department. 10 (2) Negligent or intentional disregard of this Act 11 or its rules. 12 (3) Conviction of a crime under the laws of the 13 United States or any state or territory thereof that is a 14 felony or a misdemeanor, an essential element of which is 15 dishonesty, or conviction of a crime that is directly 16 related to the provision of home medical equipment and 17 services. 18 (4) Making a misrepresentation to obtain licensure 19 or to violate a provision of this Act. 20 (5) Gross negligence in practice under this Act. 21 (6) Engaging in a pattern of practice or other 22 behavior that demonstrates incapacity or incompetence to 23 practice under this Act. 24 (7) Aiding, assisting, or willingly permitting 25 another person in violating any provision of this Act or 26 its rules. 27 (8) Failing, within 60 days, to provide information 28 in response to a written request made by the Department. 29 (9) Engaging in dishonorable, unethical, or 30 unprofessional conduct of a character likely to deceive, 31 defraud, or harm the public. 32 (10) Discipline by another state, District of 33 Columbia, territory, or foreign nation, if at least one 34 of the grounds for the discipline is the same or HB0522 Enrolled -11- LRB9000457DPccA 1 substantially equivalent to one set forth in this Act. 2 (11) Directly or indirectly giving to or receiving 3 from any person, firm, corporation, partnership, or 4 association any fee, commission, rebate, or other form of 5 compensation for any services not actually or personally 6 rendered. 7 (12) A finding that the licensee, after having its 8 license placed on probationary status, has violated the 9 terms of probation. 10 (13) Willfully making or filing false records or 11 reports in the course of providing home medical equipment 12 and services, including but not limited to false records 13 or reports filed with State agencies or departments. 14 (14) Solicitation of business services, other than 15 according to permitted advertising. 16 (15) The use of any words, abbreviations, figures, 17 or letters with the intention of indicating practice as a 18 home medical equipment and services provider without a 19 license issued under this Act. 20 (16) Failure to file a return, or to pay the tax, 21 penalty, or interest shown in a filed return, or to pay 22 any final assessment of tax, penalty, or interest, as 23 required by any tax Act administered by the Department 24 of Revenue, until such time as the requirements of any 25 such tax Act are satisfied. 26 (17) Failure to comply with federal laws and 27 regulations concerning home medical equipment and 28 services providers. 29 (18) Solicitation of professional services using 30 false or misleading advertising. 31 (19) Failure to display a license in accordance 32 with Section 45. 33 Section 80. Cease and desist order. HB0522 Enrolled -12- LRB9000457DPccA 1 (a) If any entity violates a provision of this Act, the 2 Director may, in the name of the People of the State of 3 Illinois, through the Attorney General of the State of 4 Illinois, petition for an order enjoining the violation or 5 for an order enforcing compliance with this Act. Upon the 6 filing of a verified petition in court, the court may issue a 7 temporary restraining order, without notice or bond, and may 8 preliminarily and permanently enjoin the violation, and if it 9 is established that the entity has violated or is violating 10 the injunction, the court may punish the offender for 11 contempt of court. Proceedings under this Section shall be 12 in addition to, and not in lieu of, all other remedies and 13 penalties provided by this Act. 14 (b) If an entity holds itself out as a provider of home 15 medical equipment and services without a license issued under 16 this Act, an interested party or any person injured thereby, 17 in addition to the Director, may petition for relief as 18 provided in subsection (a) of this Section. 19 (c) Whenever in the opinion of the Department an entity 20 violates a provision of this Act, the Department may issue a 21 rule to show cause why an order to cease and desist should 22 not be entered against the entity. The rule shall clearly 23 set forth the grounds relied upon by the Department and shall 24 provide a period of 7 days from the date of the rule to file 25 an answer to the satisfaction of the Department. Failure to 26 answer to the satisfaction of the Department shall cause an 27 order to cease and desist to be issued immediately. 28 Section 85. Unlicensed practice; civil penalty. 29 (a) An entity who practices, offers to practice, attempts 30 to practice, or holds itself out to practice as a home 31 medical equipment and services provider without being 32 licensed under this Act shall, in addition to any other 33 penalty provided by law, pay a civil penalty to the HB0522 Enrolled -13- LRB9000457DPccA 1 Department in an amount not to exceed $5,000 for each offense 2 as determined by the Department. The civil penalty shall be 3 assessed by the Department after a hearing is held in 4 accordance with the provisions set forth in this Act 5 regarding the provision of a hearing for the discipline of a 6 licensee. The civil penalty shall be paid within 60 days 7 after the effective date of the order imposing the civil 8 penalty. The order shall constitute a judgment and may be 9 filed and executed in the same manner as any judgment from 10 any court of record. 11 (b) The Department may investigate any unlicensed 12 activity. 13 Section 90. Mandatory inspections. The Department shall 14 inspect a licensee for compliance with the requirements of 15 this Act within 3 years after the date of initial licensure 16 and at least once every 3 years thereafter, unless the 17 licensee can demonstrate proof of renewal of accreditation 18 with a recognized national accrediting body. The Department 19 shall conduct random inspections upon renewal of a license, 20 for cause or as necessary to assure the integrity and 21 effectiveness of the licensing process. Upon failure to pass 22 inspection, a provider's license shall be suspended or denied 23 as applicable, pending review by the Board. The Department 24 may authorize qualified individuals to conduct inspections. 25 The Department shall set by rule, and pay to an inspector, a 26 fee for each inspection. An entity that fails to pass an 27 inspection is subject to penalties under Section 80. Upon 28 notice of failure to pass an inspection, a provider shall 29 have 30 days to appeal the inspection results. On appeal, a 30 provider shall have the right to an inspection review or to a 31 new inspection in accordance with procedures adopted by the 32 Department. A home medical equipment and services provider 33 licensed within 2 years after the effective date of this Act HB0522 Enrolled -14- LRB9000457DPccA 1 is exempt from the inspection requirements of this Section 2 during that 2-year period. 3 Section 95. Investigations; notice and hearing. 4 (a) The Department may investigate the actions of an 5 applicant or of an entity holding or claiming to hold a 6 license. 7 (b) The Department shall, before refusing to issue or 8 renew a license or disciplining a licensee, at least 30 days 9 prior to the date set for the hearing, notify in writing the 10 applicant or licensee of the nature of the charges and that a 11 hearing will be held on the date designated. The Department 12 shall direct the applicant or licensee to file a written 13 answer to the Board under oath within 20 days after the 14 service of the notice and inform the applicant or licensee 15 that failure to file an answer will result in default being 16 taken against the applicant or licensee and that the license 17 may be suspended, revoked, placed on probationary status, or 18 other disciplinary action may be taken, including limiting 19 the scope, nature, or extent of business, as the Director may 20 deem proper. Written notice may be served by personal 21 delivery or certified or registered mail to the respondent at 22 the address of the entity's last notification to the 23 Department. If the entity fails to file an answer after 24 receiving notice, the entity's license may, in the discretion 25 of the Department, be suspended, revoked, or placed on 26 probationary status, or the Department may take whatever 27 disciplinary action it deems proper, including limiting the 28 scope, nature, or extent of the entity's business, or 29 imposing a fine, without a hearing, if the act or acts 30 charged constitute sufficient grounds for such action under 31 this Act. At the time and place fixed in the notice, the 32 Board shall proceed to hear the charges, and the parties or 33 their counsel shall be accorded ample opportunity to present HB0522 Enrolled -15- LRB9000457DPccA 1 such statements, testimony, evidence, and argument as may be 2 pertinent to the charges or to their defense. The Board may 3 continue a hearing from time to time. 4 Section 100. Stenographer; transcript. The Department at 5 its expense, shall preserve a record of all proceedings at 6 the formal hearing of any case involving the refusal to issue 7 or renew a license or the discipline of a licensee. The 8 notice of hearing, complaint, and all other documents in the 9 nature of pleadings, written motions filed in the 10 proceedings, the transcript of testimony, the report of the 11 Board, and the order of the Department shall be the record of 12 the proceeding. 13 Section 105. Compelling testimony. A circuit court may, 14 upon application of the Department or its designee or of the 15 applicant or licensee against whom proceedings under Section 16 95 are pending, enter an order requiring the attendance of 17 witnesses and their testimony and the production of 18 documents, papers, files, books, and records in connection 19 with any hearing or investigation. The court may compel 20 obedience to its order by proceedings for contempt. 21 Section 110. Findings and recommendations. At the 22 conclusion of the hearing the Board shall present to the 23 Director a written report of its findings and 24 recommendations. The report shall contain a finding of 25 whether or not the accused entity violated this Act or failed 26 to comply with the conditions required in this Act. The 27 Board shall specify the nature of the violation or failure to 28 comply, and shall make its recommendations to the Director. 29 The report of findings and recommendations of the Board 30 shall be the basis for the Department's order of refusal or 31 for the granting of licensure unless the Director shall HB0522 Enrolled -16- LRB9000457DPccA 1 determine that the Board's report is contrary to the manifest 2 weight of the evidence, in which case the Director may issue 3 an order in contravention of the Board's report. The finding 4 is not admissible in evidence against the entity in a 5 criminal prosecution brought for the violation of this Act, 6 but the hearing and finding are not a bar to a criminal 7 prosecution brought for the violation of this Act. 8 Section 115. Rehearing on motion. In a case involving the 9 refusal to issue or renew a license or the discipline of a 10 licensee, a copy of the Board's report shall be served upon 11 the respondent by the Department, either personally or as 12 provided in this Act for the service of the notice of 13 hearing. Within 20 days after such service, the respondent 14 may present to the Department a motion in writing for a 15 rehearing, which shall specify the particular grounds for the 16 rehearing. If no motion for rehearing is filed, then upon the 17 expiration of the time specified for filing the motion, or if 18 a motion for rehearing is denied, then upon such denial the 19 Director may enter an order in accordance with 20 recommendations of the Board except as provided in Section 21 120 of this Act. If the respondent shall order from the 22 reporting service and pay for a transcript of the record with 23 the time for filing a motion for rehearing, the 20 day period 24 within which such a motion may be filed shall commence upon 25 the delivery of the transcript to the respondent. 26 Section 120. Rehearing on order of Director. Whenever the 27 Director is satisfied that substantial justice has not been 28 done in the revocation or suspension of a license or refusal 29 to issue or renew a license, the Director may order a 30 rehearing by the same or another Board. 31 Section 125. Hearing officer. The Director has the HB0522 Enrolled -17- LRB9000457DPccA 1 authority to appoint an attorney duly licensed to practice 2 law in the State of Illinois to serve as the hearing officer 3 in an action for refusal to issue or renew a license, or for 4 the discipline of a licensee. The Director shall notify the 5 Board of an appointment. The hearing officer shall have full 6 authority to conduct the hearing. The hearing officer shall 7 report his or her findings and recommendations to the Board 8 and the Director. The Board shall have 60 days from receipt 9 of the report to review the report of the hearing officer and 10 present its findings of fact, conclusions of law and 11 recommendation to the Director. If the Board fails to 12 present its report within the 60 day period, the Director 13 shall issue an order based on the report of the hearing 14 officer. If the Director determines that the Board's report 15 is contrary to the manifest weight of the evidence, he or she 16 may issue an order in contravention of the Board's report. 17 Section 130. Order or certified copy. An order or a 18 certified copy of an order, over the seal of the Department 19 and purporting to be signed by the Director, shall be prima 20 facie proof that: 21 (1) the signature is the genuine signature of the 22 Director; 23 (2) the Director is duly appointed and qualified; 24 and 25 (3) the Board and its members are qualified to act. 26 This proof may be rebutted. 27 Section 135. Restoration of license. At any time after 28 the suspension or revocation of a license, the Department may 29 restore the license to the accused entity upon the written 30 recommendation of the Board unless, after an investigation 31 and a hearing, the Board determines that restoration is not 32 in the public interest. HB0522 Enrolled -18- LRB9000457DPccA 1 Section 140. Surrender of license. Upon the revocation 2 or suspension of a license, the licensee shall immediately 3 surrender the license to the Department, and if the entity 4 fails to do so, the Department shall have the right to seize 5 the license. 6 Section 145. Temporary suspension of a license. The 7 Director may temporarily suspend the license of a home 8 medical equipment and services provider without a hearing, 9 simultaneously with the institution of proceedings for a 10 hearing provided for in Section 95 of this Act, if the 11 Director finds that evidence in his or her possession 12 indicates that the home medical equipment and services 13 provider's continuation in business would constitute an 14 imminent danger to the public. If the Director temporarily 15 suspends the license of a home medical equipment and services 16 provider without a hearing, a hearing by the Board must be 17 held within 30 days of the suspension. 18 Section 150. Administrative Review Law. All final 19 administrative decisions of the Department are subject to 20 judicial review pursuant to the provisions of the 21 Administrative Review Law, as now or hereafter amended, and 22 all rules adopted pursuant to that Law. The term 23 "administrative decision" is defined as in Section 3-101 of 24 the Code of Civil Procedure. 25 Proceedings for judicial review shall be commenced in the 26 circuit court of the county in which the party applying for 27 relief resides, but if the party is not a resident of this 28 State, the venue shall be in Sangamon County. 29 Section 155. Certification of record; costs. The 30 Department shall not be required to certify any record to a 31 court or file any answer in court or otherwise appear in a HB0522 Enrolled -19- LRB9000457DPccA 1 court in a judicial review proceeding, unless there is filed 2 in the court, with the complaint, a receipt from the 3 Department acknowledging payment of the costs of furnishing 4 and certifying the record. Failure on the part of the 5 plaintiff to file a receipt in court shall be grounds for 6 dismissal of the action. 7 Section 160. Criminal penalties. An entity who is found 8 to have violated a provision of this Act is guilty of a Class 9 A misdemeanor. On conviction of a second or subsequent 10 offense, the violator shall be guilty of a Class 4 felony. 11 Section 165. Administrative Procedure Act. The Illinois 12 Administrative Procedure Act is hereby expressly adopted and 13 incorporated in this Act as if all of the provisions of that 14 Act were included in this Act, except that the provision of 15 subsection (d) of Section 10-65 of the Illinois 16 Administrative Procedure Act, which provides that at hearings 17 the license holder has the right to show compliance with all 18 lawful requirements for retention, continuation, or renewal 19 of a license, is specifically excluded. For the purposes of 20 this Act, the notice required under Section 10-25 of the 21 Illinois Administrative Procedure Act is deemed sufficient 22 when mailed to the last known address of a party. 23 Section 170. Exclusive State regulation. It is declared 24 to be the public policy of this State, pursuant to paragraph 25 (h) of Section 6 of Article VII of the Illinois Constitution 26 of 1970, that any power or function set forth in this Act to 27 be exercised by the State is an exclusive State power or 28 function. Such power or function shall not be exercised 29 concurrently, whether directly or indirectly, by any unit of 30 local government, including home rule units, except as 31 otherwise provided in this Act. HB0522 Enrolled -20- LRB9000457DPccA 1 Section 175. Entities currently operating. Entities 2 engaged in the business of providing home medical equipment 3 and services at least 3 months prior to the effective date of 4 this Act shall be issued a license valid for 2 years, upon 5 application and payment of the required fee, without the 6 necessity for a determination of compliance with the 7 requirements of subsection (a) of Section 40. During the 8 first year of licensure, such providers shall be subject to 9 random inspections for compliance with applicable standards, 10 unless such providers have a valid accreditation from a 11 recognized national accrediting body. 12 Section 180. Deposit of fees and fines; appropriations. 13 All of the fees and fines collected under this Act shall be 14 deposited into the General Professions Dedicated Fund, and 15 shall be used by the Department, as appropriated, for the 16 ordinary and contingent expenses of the Department. 17 Section 300. The Regulatory Agency Sunset Act is amended 18 by adding Section 4.18 as follows: 19 (5 ILCS 80/4.18 new) 20 Sec. 4.18. Act repealed January 1, 2008. The following 21 Act is repealed January 1, 2008: 22 The Home Medical Equipment and Services Provider License 23 Act. 24 Section 999. Effective date. This Act takes effect upon 25 becoming law.
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