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90_HB0522ham001 LRB9000457DPccam02 1 AMENDMENT TO HOUSE BILL 522 2 AMENDMENT NO. . Amend House Bill 522 by replacing 3 everything after the enacting clause with the following: 4 "Section 1. Short title. This Act may be cited as the the 5 Home Medical Equipment and Services Provider License Act. 6 Section 5. Declaration of legislative findings. The 7 General Assembly finds that home medical equipment and 8 services providers in the State of Illinois affect the 9 public health, welfare, and safety, and therefore finds the 10 regulation and control of those providers to be in the 11 public interest. It is further declared that, as a matter of 12 public policy, home medical equipment and services providers 13 should merit the confidence of the public and, to this end, 14 that only qualified entities be permitted to hold themselves 15 out to the public as home medical equipment and services 16 providers. This Act shall be liberally construed to best 17 carry out these findings. 18 Section 10. Definitions. As used in this Act: 19 (1) "Department" means the Department of 20 Professional Regulation. 21 (2) "Director" means the Director of Professional -2- LRB9000457DPccam02 1 Regulation. 2 (3) "Board" means the Home Medical Equipment and 3 Services Board. 4 (4) "Home medical equipment and services provider" 5 or "provider" means a legal entity, as defined by State 6 law, engaged in the business of providing home medical 7 equipment and services, whether directly or through a 8 contractual arrangement, to an unrelated sick or 9 disabled individual where that individual resides. 10 (5) "Home medical equipment and services" means the 11 delivery, installation, maintenance, replacement, or 12 instruction in the use of medical equipment used by a 13 sick or disabled individual to allow the individual to be 14 maintained in his or her residence. 15 (6) "Home medical equipment" means technologically 16 sophisticated medical devices, apparatuses, machines, or 17 other similar articles bearing a label that states 18 "Caution: federal law requires dispensing by or on the 19 order of a physician.", which are usable in a home care 20 setting, including but not limited to: 21 (A) oxygen and oxygen delivery systems; 22 (B) ventilators; 23 (C) respiratory disease management devices, 24 excluding compressor driven nebulizers; 25 (D) wheelchair seating systems; 26 (E) apnea monitors; 27 (F) transcutaneous electrical nerve stimulator 28 (TENS) units; 29 (G) low air-loss cutaneous pressure management 30 devices; 31 (H) sequential compression devices; 32 (I) neonatal home phototherapy devices; 33 (J) enteral feeding pumps; and 34 (K) other similar equipment as defined by the -3- LRB9000457DPccam02 1 Board. 2 "Home medical equipment" also includes hospital beds and 3 electronic and computer-driven wheelchairs, excluding 4 scooters. 5 Section 15. Licensure requirement; exempt activities. 6 (a) No entity shall provide home medical equipment and 7 services, or use the title "home medical equipment and 8 services provider" in connection with his or her profession 9 or business, without a license issued by the Department under 10 this Act. 11 (b) Nothing in this Act shall be construed as preventing 12 or restricting the practices, services, or activities of the 13 following, unless those practices, services, or activities 14 include providing home medical equipment and services through 15 a separate legal entity: 16 (1) a person licensed or registered in this State 17 by any other law engaging in the profession or occupation 18 for which he or she is licensed or registered; 19 (2) home health agencies that do not have a Part B 20 Medicare supplier number or that do not engage in the 21 provision of home medical equipment and services; 22 (3) hospitals, excluding hospital-owned and 23 hospital-related providers of home medical equipment and 24 services; 25 (4) manufacturers and wholesale distributors of 26 home medical equipment who do not sell directly to a 27 patient; 28 (5) health care practitioners who lawfully 29 prescribe or order home medical equipment and services, 30 or who use home medical equipment and services to treat 31 their patients, including but not limited to physicians, 32 nurses, physical therapists, respiratory therapists, 33 occupational therapists, speech-language pathologists, -4- LRB9000457DPccam02 1 optometrists, chiropractors, and podiatrists; 2 (6) pharmacists, pharmacies, and home infusion 3 pharmacies that are not engaged in the sale or rental of 4 home medical equipment and services; 5 (7) hospice programs that do not involve the sale 6 or rental of home medical equipment and services; 7 (8) nursing homes; 8 (9) veterinarians; 9 (10) dentists; and 10 (11) emergency medical service providers. 11 Section 20. Powers and duties of the Department. 12 (a) The Department shall exercise the powers and duties 13 prescribed by the Civil Administrative Code of Illinois for 14 the administration of licensure Acts and shall exercise other 15 powers and duties necessary for effectuating the purposes of 16 this Act. 17 (b) The Department may adopt rules to administer and 18 enforce this Act, including but not limited to fees for 19 original licensure and renewal and restoration of licenses, 20 and may prescribe forms to be issued to implement this Act. 21 At a minimum, the rules adopted by the Department shall 22 include standards and criteria for licensure and for 23 professional conduct and discipline. The Department shall 24 consult with the Board in adopting rules. Notice of proposed 25 rulemaking shall be transmitted to the Board, and the 26 Department shall review the Board's response and any 27 recommendations made in the response. The Department shall 28 notify the Board in writing with proper explanation of 29 deviations from the Board's recommendations and response. 30 (c) The Department may at any time seek the advice and 31 expert knowledge of the Board on any matter relating to the 32 administration of this Act. 33 (d) The Department shall issue a quarterly report to the -5- LRB9000457DPccam02 1 Board of the status of all complaints related to the 2 profession and filed with the Department. 3 Section 25. Home Medical Equipment and Services Board. 4 The Director shall appoint a Home Medical Equipment and 5 Services Board, in consultation with a state association 6 representing the home medical equipment and services 7 industry, to serve in an advisory capacity to the Director. 8 The Board shall consist of 7 members. Four members shall be 9 home medical equipment and services provider 10 representatives, 2 of whom represent businesses grossing less 11 than $500,000 per year in revenues, 2 of whom represent 12 businesses grossing $500,000 or more per year in revenues, 13 and at least one of whom shall also be a pharmacy-based 14 provider. The 3 remaining members shall include one home care 15 clinical specialist, one respiratory care practitioner, and 16 one consumer of home medical equipment and services. 17 Members shall serve 4 year terms and until their 18 successors are appointed and qualified, except that of the 19 initial appointments, the consumer member shall be appointed 20 to serve for one year, 2 members shall be appointed to serve 21 for 2 years, 3 members shall be appointed to serve for 3 22 years, and one member who is a home medical equipment and 23 services provider representative shall be appointed to serve 24 for 4 years, and until their successors are appointed and 25 qualified. No member shall be reappointed to the Board for a 26 term that would cause continuous service on the Board to 27 exceed 8 years. Appointments to fill vacancies shall be made 28 in the same manner as original appointments, for the 29 unexpired portion of the vacated term. 30 The home medical equipment and services provider 31 representatives appointed to the Board shall have engaged in 32 the provision of home medical equipment and services or 33 related home care services for at least 3 years prior to -6- LRB9000457DPccam02 1 their appointment, shall be currently engaged in providing 2 home medical equipment and services in the State of Illinois, 3 and must have no record of convictions related to fraud or 4 abuse under either State or federal law. 5 The membership of the Board should reasonably reflect 6 representation from the geographic areas in this State. 7 The Board shall annually elect one of its members as 8 chairperson and vice chairperson. 9 Members of the Board shall receive as compensation a 10 reasonable sum as determined by the Director for each day 11 actually engaged in the duties of the office, and shall be 12 reimbursed for authorized expenses incurred in performing the 13 duties of the office. 14 The Director may terminate the appointment of any member 15 for cause which in the opinion of the Director reasonably 16 justifies the termination. 17 Through consultation with members of a state association 18 for the home medical equipment and services industry, the 19 Board may recommend to the Department rules that specify the 20 medical equipment to be included under this Act, that set 21 standards for the licensure, professional conduct, and 22 discipline of entities that provide home medical equipment 23 and services, and that govern the safety and quality of home 24 medical equipment and services. The Director shall consider 25 the recommendations of the Board. 26 Members of the Board shall be immune from suit in an 27 action based upon any disciplinary proceedings or other 28 activities performed in good faith as members of the Board. 29 A majority of Board members currently appointed shall 30 constitute a quorum. A vacancy in the membership of the Board 31 shall not impair the rights of a quorum to exercise the 32 rights and perform all of the duties of the Board. 33 Section 30. Application for original licensure. -7- LRB9000457DPccam02 1 Applications for original licensure shall be made to the 2 Department in writing and signed by the applicant on forms 3 prescribed by the Department and shall be accompanied by a 4 nonrefundable fee set by rule of the Department. The 5 Department may require from an applicant information that, in 6 its judgment, will enable the Department to pass on the 7 qualifications of the applicant for licensure. 8 An applicant has 3 years from the date of application to 9 complete the application process. If the process has not 10 been completed in 3 years, the application shall be denied, 11 the fee shall be forfeited, and the applicant must reapply 12 and meet the requirements in effect at the time of 13 reapplication. 14 Section 35. Qualifications for licensure. 15 (a) An entity is qualified to receive a license as a 16 home medical equipment and services provider if the entity 17 meets each of the following requirements: 18 (1) complies with all applicable federal and State 19 licensure and regulatory requirements; 20 (2) maintains a physical facility and medical 21 equipment inventory. There shall only be one license 22 permitted at each address; 23 (3) establishes proof of commercial general 24 liability insurance, including but not limited to 25 coverage for products liability and professional 26 liability; 27 (4) establishes and provides records of annual 28 continuing education for personnel engaged in the 29 delivery, maintenance, repair, cleaning, inventory 30 control, and financial management of home medical 31 equipment and services; 32 (5) maintains records on all patients to whom it 33 provides home medical equipment and services; -8- LRB9000457DPccam02 1 (6) establishes equipment management and personnel 2 policies; 3 (7) makes life sustaining home medical equipment 4 and services available 24 hours per day and 7 days per 5 week; 6 (8) complies with any additional qualifications for 7 licensure as determined by rule of the Department. 8 (b) Notwithstanding the requirements of subsection (a), 9 an applicant may qualify for licensure by submitting 10 documents evidencing accreditation through a recognized 11 national accrediting body based on home care standards. The 12 Department shall issue a license upon receipt of a copy of a 13 valid accreditation letter from a recognized national 14 accrediting body. 15 (c) The Department may request a personal interview of 16 an applicant before the Board to further evaluate the 17 entity's qualifications for licensure. 18 Section 40. Issuance of license. The Department shall 19 begin issuing licenses under this Act within 2 years after 20 the effective date of this Act. The Department shall issue a 21 license to an applicant who has met the requirements of 22 Section 35 and has paid the required application fee. 23 Section 45. Display of license; advertising; penalties. 24 (a) An entity that advertises home medical equipment and 25 services shall, at its place of business, display the license 26 of the entity. 27 (b) No entity that provides home medical equipment 28 services may advertise the equipment and services unless that 29 entity includes in the advertisement the statement "Licensed 30 in the State of Illinois". 31 Section 50. License expiration; renewal. The expiration -9- LRB9000457DPccam02 1 date, renewal period, renewal fees, and procedures for 2 renewal of licenses issued under this Act shall be set by 3 rule of the Department. An entity may renew its license by 4 paying the required fee and by meeting the renewal 5 requirements adopted by the Department under this Section. 6 Section 55. Restoration of expired license. A home 7 medical equipment and services provider whose license has 8 expired may have the license restored by making application 9 to the Department, by paying the required fees, and by filing 10 proof acceptable to the Department of fitness to have the 11 license restored as established by rule. 12 Section 65. Fees; returned checks. An entity who delivers 13 a check or other payment to the Department that is returned 14 to the Department unpaid by the financial institution upon 15 which it is drawn shall pay to the Department, in addition to 16 the amount already owed to the Department, a fine of $50. If 17 the check or other payment was for a renewal or issuance fee 18 and that entity operates without paying the renewal or 19 issuance fee and the fine due, an additional fine of $100 20 shall be imposed. The fines imposed by this Section are in 21 addition to any other discipline provided under this Act for 22 unlicensed practice or practice on a nonrenewed license. The 23 Department shall notify the entity that fees and fines shall 24 be paid to the Department by certified check or money order 25 within 30 calendar days of the notification. If, after the 26 expiration of 30 days from the date of the notification, the 27 entity has failed to submit the necessary remittance, the 28 Department shall automatically terminate the license or deny 29 the application without a hearing. If the entity seeks a 30 license after termination or denial, the entity shall apply 31 to the Department for restoration or issuance of the license 32 and pay all fees and fines owed to the Department. The -10- LRB9000457DPccam02 1 Department may establish a fee for the processing of an 2 application for restoration of a license to pay all expenses 3 of processing that application. The Director may waive the 4 fines due under this Section in individual cases where the 5 Director finds that the fines would be unreasonable or 6 unnecessarily burdensome. 7 Section 70. Roster of licensees. The Department shall 8 maintain a roster of the names and addresses of all licensees 9 and of all entities whose license has been suspended or 10 revoked within the previous year. This roster shall be 11 available upon written request and payment of the required 12 fee. 13 Section 75. Refused issuance, suspension, or revocation 14 of license. The Department may refuse to issue, renew, or 15 restore a license, or may revoke, suspend, place on 16 probation, reprimand, impose a fine not to exceed $1,000 for 17 each violation, or take other disciplinary action as the 18 Department may deem proper with regard to a licensee for any 19 one or combination of the following reasons: 20 (1) Making a material misstatement in furnishing 21 information to the Department. 22 (2) Negligent or intentional disregard of this Act 23 or its rules. 24 (3) Conviction of a crime under the laws of the 25 United States or any state or territory thereof that is a 26 felony or a misdemeanor, an essential element of which is 27 dishonesty, or conviction of a crime that is directly 28 related to the provision of home medical equipment and 29 services. 30 (4) Making a misrepresentation to obtain licensure 31 or to violate a provision of this Act. 32 (5) Gross negligence in practice under this Act. -11- LRB9000457DPccam02 1 (6) Engaging in a pattern of practice or other 2 behavior that demonstrates incapacity or incompetence to 3 practice under this Act. 4 (7) Aiding, assisting, or willingly permitting 5 another person in violating any provision of this Act or 6 its rules. 7 (8) Failing, within 60 days, to provide information 8 in response to a written request made by the Department. 9 (9) Engaging in dishonorable, unethical, or 10 unprofessional conduct of a character likely to deceive, 11 defraud, or harm the public. 12 (10) Discipline by another state, District of 13 Columbia, territory, or foreign nation, if at least one 14 of the grounds for the discipline is the same or 15 substantially equivalent to one set forth in this Act. 16 (11) Directly or indirectly giving to or receiving 17 from any person, firm, corporation, partnership, or 18 association any fee, commission, rebate, or other form of 19 compensation for any services not actually or personally 20 rendered. 21 (12) A finding that the licensee, after having its 22 license placed on probationary status, has violated the 23 terms of probation. 24 (13) Willfully making or filing false records or 25 reports in the course of providing home medical equipment 26 and services, including but not limited to false records 27 or reports filed with State agencies or departments. 28 (14) Solicitation of business services, other than 29 according to permitted advertising. 30 (15) The use of any words, abbreviations, figures, 31 or letters with the intention of indicating practice as a 32 home medical equipment and services provider without a 33 license issued under this Act. 34 (16) Failure to file a return, or to pay the tax, -12- LRB9000457DPccam02 1 penalty, or interest shown in a filed return, or to pay 2 any final assessment of tax, penalty, or interest, as 3 required by any tax Act administered by the Department 4 of Revenue, until such time as the requirements of any 5 such tax Act are satisfied. 6 (17) Failure to comply with federal laws and 7 regulations concerning home medical equipment and 8 services providers. 9 (18) Solicitation of professional services using 10 false or misleading advertising. 11 (19) Failure to display a license in accordance 12 with Section 45. 13 Section 80. Cease and desist order. 14 (a) If any entity violates a provision of this Act, the 15 Director may, in the name of the People of the State of 16 Illinois, through the Attorney General of the State of 17 Illinois, petition for an order enjoining the violation or 18 for an order enforcing compliance with this Act. Upon the 19 filing of a verified petition in court, the court may issue a 20 temporary restraining order, without notice or bond, and may 21 preliminarily and permanently enjoin the violation, and if it 22 is established that the entity has violated or is violating 23 the injunction, the court may punish the offender for 24 contempt of court. Proceedings under this Section shall be 25 in addition to, and not in lieu of, all other remedies and 26 penalties provided by this Act. 27 (b) If an entity holds itself out as a provider of home 28 medical equipment and services without a license issued under 29 this Act, an interested party or any person injured thereby, 30 in addition to the Director, may petition for relief as 31 provided in subsection (a) of this Section. 32 (c) Whenever in the opinion of the Department an entity 33 violates a provision of this Act, the Department may issue a -13- LRB9000457DPccam02 1 rule to show cause why an order to cease and desist should 2 not be entered against the entity. The rule shall clearly 3 set forth the grounds relied upon by the Department and shall 4 provide a period of 7 days from the date of the rule to file 5 an answer to the satisfaction of the Department. Failure to 6 answer to the satisfaction of the Department shall cause an 7 order to cease and desist to be issued immediately. 8 Section 85. Unlicensed practice; civil penalty. 9 (a) An entity who practices, offers to practice, attempts 10 to practice, or holds itself out to practice as a home 11 medical equipment and services provider without being 12 licensed under this Act shall, in addition to any other 13 penalty provided by law, pay a civil penalty to the 14 Department in an amount not to exceed $5,000 for each offense 15 as determined by the Department. The civil penalty shall be 16 assessed by the Department after a hearing is held in 17 accordance with the provisions set forth in this Act 18 regarding the provision of a hearing for the discipline of a 19 licensee. The civil penalty shall be paid within 60 days 20 after the effective date of the order imposing the civil 21 penalty. The order shall constitute a judgment and may be 22 filed and executed in the same manner as any judgment from 23 any court of record. 24 (b) The Department may investigate any unlicensed 25 activity. 26 Section 90. Mandatory inspections. The Department shall 27 inspect licensees at least once every 3 years for compliance 28 with the requirements of this Act unless the licensee can 29 demonstrate proof of renewal of accreditation with a 30 recognized national accrediting body. The Department shall 31 conduct random inspections upon renewal of a license, for 32 cause or as necessary to assure the integrity and -14- LRB9000457DPccam02 1 effectiveness of the licensing process. Upon failure to pass 2 inspection, a provider's license shall be suspended or denied 3 as applicable, pending review by the Board. The Department 4 may authorize qualified individuals to conduct inspections. 5 The Department shall set by rule, and pay to an inspector, a 6 fee for each inspection. An entity that fails to pass an 7 inspection is subject to penalties under Section 80. Upon 8 notice of failure to pass an inspection, a provider shall 9 have 30 days to appeal the inspection results. On appeal, a 10 provider shall have the right to an inspection review or to a 11 new inspection in accordance with procedures adopted by the 12 Department. 13 Section 95. Investigations; notice and hearing. 14 (a) The Department may investigate the actions of an 15 applicant or of an entity holding or claiming to hold a 16 license. 17 (b) The Department shall, before refusing to issue or 18 renew a license or disciplining a licensee, at least 30 days 19 prior to the date set for the hearing, notify in writing the 20 applicant or licensee of the nature of the charges and that a 21 hearing will be held on the date designated. The Department 22 shall direct the applicant or licensee to file a written 23 answer to the Board under oath within 20 days after the 24 service of the notice and inform the applicant or licensee 25 that failure to file an answer will result in default being 26 taken against the applicant or licensee and that the license 27 may be suspended, revoked, placed on probationary status, or 28 other disciplinary action may be taken, including limiting 29 the scope, nature, or extent of business, as the Director may 30 deem proper. Written notice may be served by personal 31 delivery or certified or registered mail to the respondent at 32 the address of the entity's last notification to the 33 Department. If the entity fails to file an answer after -15- LRB9000457DPccam02 1 receiving notice, the entity's license may, in the discretion 2 of the Department, be suspended, revoked, or placed on 3 probationary status, or the Department may take whatever 4 disciplinary action it deems proper, including limiting the 5 scope, nature, or extent of the entity's business, or 6 imposing a fine, without a hearing, if the act or acts 7 charged constitute sufficient grounds for such action under 8 this Act. At the time and place fixed in the notice, the 9 Board shall proceed to hear the charges, and the parties or 10 their counsel shall be accorded ample opportunity to present 11 such statements, testimony, evidence, and argument as may be 12 pertinent to the charges or to their defense. The Board may 13 continue a hearing from time to time. 14 Section 100. Stenographer; transcript. The Department at 15 its expense, shall preserve a record of all proceedings at 16 the formal hearing of any case involving the refusal to issue 17 or renew a license or the discipline of a licensee. The 18 notice of hearing, complaint, and all other documents in the 19 nature of pleadings, written motions filed in the 20 proceedings, the transcript of testimony, the report of the 21 Board, and the order of the Department shall be the record of 22 the proceeding. 23 Section 105. Compelling testimony. A circuit court may, 24 upon application of the Department or its designee or of the 25 applicant or licensee against whom proceedings under Section 26 95 are pending, enter an order requiring the attendance of 27 witnesses and their testimony and the production of 28 documents, papers, files, books, and records in connection 29 with any hearing or investigation. The court may compel 30 obedience to its order by proceedings for contempt. 31 Section 110. Findings and recommendations. At the -16- LRB9000457DPccam02 1 conclusion of the hearing the Board shall present to the 2 Director a written report of its findings and 3 recommendations. The report shall contain a finding of 4 whether or not the accused entity violated this Act or failed 5 to comply with the conditions required in this Act. The 6 Board shall specify the nature of the violation or failure to 7 comply, and shall make its recommendations to the Director. 8 The report of findings and recommendations of the Board 9 shall be the basis for the Department's order of refusal or 10 for the granting of licensure unless the Director shall 11 determine that the Board's report is contrary to the manifest 12 weight of the evidence, in which case the Director may issue 13 an order in contravention of the Board's report. The finding 14 is not admissible in evidence against the entity in a 15 criminal prosecution brought for the violation of this Act, 16 but the hearing and finding are not a bar to a criminal 17 prosecution brought for the violation of this Act. 18 Section 115. Rehearing on motion. In a case involving the 19 refusal to issue or renew a license or the discipline of a 20 licensee, a copy of the Board's report shall be served upon 21 the respondent by the Department, either personally or as 22 provided in this Act for the service of the notice of 23 hearing. Within 20 days after such service, the respondent 24 may present to the Department a motion in writing for a 25 rehearing, which shall specify the particular grounds for the 26 rehearing. If no motion for rehearing is filed, then upon the 27 expiration of the time specified for filing the motion, or if 28 a motion for rehearing is denied, then upon such denial the 29 Director may enter an order in accordance with 30 recommendations of the Board except as provided in Section 31 120 of this Act. If the respondent shall order from the 32 reporting service and pay for a transcript of the record with 33 the time for filing a motion for rehearing, the 20 day period -17- LRB9000457DPccam02 1 within which such a motion may be filed shall commence upon 2 the delivery of the transcript to the respondent. 3 Section 120. Rehearing on order of Director. Whenever the 4 Director is satisfied that substantial justice has not been 5 done in the revocation or suspension of a license or refusal 6 to issue or renew a license, the Director may order a 7 rehearing by the same or another Board. 8 Section 125. Hearing officer. The Director has the 9 authority to appoint an attorney duly licensed to practice 10 law in the State of Illinois to serve as the hearing officer 11 in an action for refusal to issue or renew a license, or for 12 the discipline of a licensee. The Director shall notify the 13 Board of an appointment. The hearing officer shall have full 14 authority to conduct the hearing. The hearing officer shall 15 report his or her findings and recommendations to the Board 16 and the Director. The Board shall have 60 days from receipt 17 of the report to review the report of the hearing officer and 18 present its findings of fact, conclusions of law and 19 recommendation to the Director. If the Board fails to 20 present its report within the 60 day period, the Director 21 shall issue an order based on the report of the hearing 22 officer. If the Director determines that the Board's report 23 is contrary to the manifest weight of the evidence, he or she 24 may issue an order in contravention of the Board's report. 25 Section 130. Order or certified copy. An order or a 26 certified copy of an order, over the seal of the Department 27 and purporting to be signed by the Director, shall be prima 28 facie proof that: 29 (1) the signature is the genuine signature of the 30 Director; 31 (2) the Director is duly appointed and qualified; -18- LRB9000457DPccam02 1 and 2 (3) the Board and its members are qualified to act. 3 This proof may be rebutted. 4 Section 135. Restoration of license. At any time after 5 the suspension or revocation of a license, the Department may 6 restore the license to the accused entity upon the written 7 recommendation of the Board unless, after an investigation 8 and a hearing, the Board determines that restoration is not 9 in the public interest. 10 Section 140. Surrender of license. Upon the revocation 11 or suspension of a license, the licensee shall immediately 12 surrender the license to the Department, and if the entity 13 fails to do so, the Department shall have the right to seize 14 the license. 15 Section 145. Temporary suspension of a license. The 16 Director may temporarily suspend the license of a home 17 medical equipment and services provider without a hearing, 18 simultaneously with the institution of proceedings for a 19 hearing provided for in Section 95 of this Act, if the 20 Director finds that evidence in his or her possession 21 indicates that the home medical equipment and services 22 provider's continuation in business would constitute an 23 imminent danger to the public. If the Director temporarily 24 suspends the license of a home medical equipment and services 25 provider without a hearing, a hearing by the Board must be 26 held within 30 days of the suspension. 27 Section 150. Administrative Review Law. All final 28 administrative decisions of the Department are subject to 29 judicial review pursuant to the provisions of the 30 Administrative Review Law, as now or hereafter amended, and -19- LRB9000457DPccam02 1 all rules adopted pursuant to that Law. The term 2 "administrative decision" is defined as in Section 3-101 of 3 the Code of Civil Procedure. 4 Proceedings for judicial review shall be commenced in the 5 circuit court of the county in which the party applying for 6 relief resides, but if the party is not a resident of this 7 State, the venue shall be in Sangamon County. 8 Section 155. Certification of record; costs. The 9 Department shall not be required to certify any record to a 10 court or file any answer in court or otherwise appear in a 11 court in a judicial review proceeding, unless there is filed 12 in the court, with the complaint, a receipt from the 13 Department acknowledging payment of the costs of furnishing 14 and certifying the record. Failure on the part of the 15 plaintiff to file a receipt in court shall be grounds for 16 dismissal of the action. 17 Section 160. Criminal penalties. An entity who is found 18 to have violated a provision of this Act is guilty of a Class 19 A misdemeanor. On conviction of a second or subsequent 20 offense, the violator shall be guilty of a Class 4 felony. 21 Section 165. Administrative Procedure Act. The Illinois 22 Administrative Procedure Act is hereby expressly adopted and 23 incorporated in this Act as if all of the provisions of that 24 Act were included in this Act, except that the provision of 25 subsection (d) of Section 10-65 of the Illinois 26 Administrative Procedure Act, which provides that at hearings 27 the license holder has the right to show compliance with all 28 lawful requirements for retention, continuation, or renewal 29 of a license, is specifically excluded. For the purposes of 30 this Act, the notice required under Section 10-25 of the 31 Illinois Administrative Procedure Act is deemed sufficient -20- LRB9000457DPccam02 1 when mailed to the last known address of a party. 2 Section 170. Exclusive State regulation. It is declared 3 to be the public policy of this State, pursuant to paragraph 4 (h) of Section 6 of Article VII of the Illinois Constitution 5 of 1970, that any power or function set forth in this Act to 6 be exercised by the State is an exclusive State power or 7 function. Such power or function shall not be exercised 8 concurrently, whether directly or indirectly, by any unit of 9 local government, including home rule units, except as 10 otherwise provided in this Act. 11 Section 175. Entities currently operating. Entities 12 engaged in the business of providing home medical equipment 13 and services at least 3 months prior to the effective date of 14 this Act shall be issued a license valid for 2 years, upon 15 application and payment of the required fee, without the 16 necessity for a determination of compliance with the 17 requirements of subsection (a) of Section 40. During the 18 first year of licensure, such providers shall be subject to 19 random inspections for compliance with applicable standards, 20 unless such providers have a valid accreditation from a 21 recognized national accrediting body. 22 Section 180. Deposit of fees and fines; appropriations. 23 All of the fees and fines collected under this Act shall be 24 deposited into the General Professions Dedicated Fund, and 25 shall be used by the Department, as appropriated, for the 26 ordinary and contingent expenses of the Department. 27 Section 300. The Regulatory Agency Sunset Act is amended 28 by adding Section 4.18 as follows: 29 (5 ILCS 80/4.18 new) -21- LRB9000457DPccam02 1 Sec. 4.18. Act repealed January 1, 2008. The following 2 Act is repealed January 1, 2008: 3 The Home Medical Equipment and Services Provider License 4 Act. 5 Section 999. Effective date. This Act takes effect upon 6 becoming law.".
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