Public Act 90-0532 of the 90th General Assembly

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Public Act 90-0532

HB0522 Enrolled                               LRB9000457DPccA

    AN ACT creating the Home Medical Equipment  and  Services
Provider License Act and amending a named Act.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1. Short title. This Act may be cited as the  the
Home Medical Equipment and Services Provider License Act.

    Section  5.  Declaration  of  legislative  findings.  The
General  Assembly  finds  that  home  medical  equipment  and
services    providers  in  the  State  of Illinois affect the
public health,  welfare, and safety, and therefore finds  the
regulation  and  control  of  those  providers  to  be in the
public interest. It is further declared that, as a matter  of
public  policy, home medical equipment and services providers
should merit the confidence of the public and, to  this  end,
that only qualified entities be permitted to hold  themselves
out  to  the  public  as  home medical equipment and services
providers. This Act shall  be  liberally  construed  to  best
carry out these findings.

    Section 10. Definitions.  As used in this Act:
         (1)  "Department"    means    the    Department   of
    Professional  Regulation.
         (2)  "Director" means the Director  of  Professional
    Regulation.
         (3)  "Board"  means  the  Home Medical Equipment and
    Services Board.
         (4)  "Home medical equipment and services  provider"
    or  "provider" means a legal  entity, as defined by State
    law, engaged in the business of  providing  home  medical
    equipment  and  services,  whether directly  or through a
    contractual  arrangement,  to  an   unrelated   sick   or
    disabled individual where that individual resides.
         (5)  "Home medical equipment and services" means the
    delivery,   installation,  maintenance,  replacement,  or
    instruction in the use of medical  equipment  used  by  a
    sick or disabled individual to allow the individual to be
    maintained in his or her residence.
         (6)  "Home  medical equipment" means technologically
    sophisticated  medical devices, apparatuses, machines, or
    other  similar  articles  bearing  a  label  that  states
    "Caution: federal law requires dispensing by  or  on  the
    order  of  a physician.", which are usable in a home care
    setting, including but not  limited to:
              (A)  oxygen and oxygen delivery systems;
              (B)  ventilators;
              (C)  respiratory  disease  management  devices,
         excluding compressor driven nebulizers;
              (D)  wheelchair seating systems;
              (E)  apnea monitors;
              (F)  transcutaneous electrical nerve stimulator
         (TENS) units;
              (G)  low air-loss cutaneous pressure management
         devices;
              (H)  sequential compression devices;
              (I)  neonatal home phototherapy devices;
              (J)  enteral feeding pumps; and
              (K)  other similar equipment as defined by  the
         Board.
    "Home  medical equipment" also includes hospital beds and
electronic   and   computer-driven   wheelchairs,   excluding
scooters.

    Section 15.  Licensure requirement; exempt activities.
    (a)  No entity shall provide home medical  equipment  and
services,  or  use  the  title  "home  medical  equipment and
services provider" in connection with his or  her  profession
or business, without a license issued by the Department under
this Act.
    (b)  Nothing in this Act shall be construed as preventing
or  restricting the practices, services, or activities of the
following,  unless  those  practices, services, or activities
include providing home medical equipment and services through
a separate legal entity:
         (1)  a person licensed or registered in  this  State
    by any other law engaging in the profession or occupation
    for which he or she is licensed or registered;
         (2)  a home medical services provider entity that is
    accredited  under  home  care  standards  by a recognized
    accrediting body;
         (3)  home health agencies that do not have a Part  B
    Medicare  supplier  number  or  that do not engage in the
    provision of home medical equipment and services;
         (4)  hospitals,   excluding    hospital-owned    and
    hospital-related providers  of home medical equipment and
    services;
         (5)  manufacturers  and  wholesale  distributors  of
    home  medical  equipment  who  do  not sell directly to a
    patient;
         (6)  health   care   practitioners   who    lawfully
    prescribe  or  order home medical equipment and services,
    or who use home medical equipment and services  to  treat
    their  patients, including but not limited to physicians,
    nurses,  physical  therapists,  respiratory   therapists,
    occupational  therapists,  speech-language  pathologists,
    optometrists, chiropractors, and podiatrists;
         (7)  pharmacists,   pharmacies,  and  home  infusion
    pharmacies that are not engaged in the sale or rental  of
    home medical equipment and services;
         (8)  hospice  programs  that do not involve the sale
    or rental of home medical equipment and services;
         (9)  nursing homes;
         (10)  veterinarians;
         (11)  dentists; and
         (12)  emergency medical service providers.

    Section 20. Powers and duties of the Department.
    (a)  The Department shall exercise the powers and  duties
prescribed  by  the Civil Administrative Code of Illinois for
the administration of licensure Acts and shall exercise other
powers and duties necessary for effectuating the purposes  of
this Act.
    (b)  The  Department  may  adopt  rules to administer and
enforce this Act, including  but  not  limited  to  fees  for
original  licensure  and renewal and restoration of licenses,
and may prescribe forms to be issued to implement  this  Act.
At  a  minimum,  the  rules  adopted  by the Department shall
include  standards  and  criteria  for  licensure   and   for
professional  conduct  and  discipline.  The Department shall
consult with the Board in adopting rules. Notice of  proposed
rulemaking  shall  be  transmitted  to  the  Board,  and  the
Department   shall   review  the  Board's  response  and  any
recommendations made in the response.  The  Department  shall
notify  the  Board  in  writing  with  proper  explanation of
deviations from the Board's recommendations and response.
    (c)  The Department may at any time seek the  advice  and
expert  knowledge  of the Board on any matter relating to the
administration of this Act.
    (d)  The Department shall issue a quarterly report to the
Board  of  the  status  of  all  complaints  related  to  the
profession and filed with the Department.

    Section 25. Home Medical Equipment  and  Services  Board.
The  Director  shall  appoint  a  Home  Medical Equipment and
Services Board, in  consultation  with  a  state  association
representing   the   home   medical  equipment  and  services
industry, to serve in an advisory capacity to  the  Director.
The  Board  shall consist of 7 members. Four members shall be
home    medical    equipment    and     services     provider
representatives, 2 of whom represent businesses grossing less
than    $500,000  per  year  in revenues, 2 of whom represent
businesses grossing $500,000 or more per  year  in  revenues,
and  at  least  one  of  whom  shall also be a pharmacy-based
provider. The 3 remaining members shall include one home care
clinical specialist, one respiratory care  practitioner,  and
one consumer of home medical equipment and services.
    Members   shall  serve  4  year  terms  and  until  their
successors are appointed and qualified, except  that  of  the
initial  appointments, the consumer member shall be appointed
to serve for one year, 2 members shall be appointed to  serve
for  2  years,  3  members  shall be appointed to serve for 3
years, and one member who is a  home  medical  equipment  and
services  provider representative shall be appointed to serve
for 4  years, and until their successors  are  appointed  and
qualified.  No member shall be reappointed to the Board for a
term that would cause continuous  service  on  the  Board  to
exceed  8 years. Appointments to fill vacancies shall be made
in  the  same  manner  as  original  appointments,  for   the
unexpired portion of the vacated term.
    The   home   medical   equipment  and  services  provider
representatives appointed  to the Board shall have engaged in
the provision of  home  medical  equipment  and  services  or
related  home  care  services  for  at least 3 years prior to
their appointment, shall be currently  engaged  in  providing
home medical equipment and services in the State of Illinois,
and  must  have  no record of convictions related to fraud or
abuse under either State or federal law.
    The membership of the  Board  should  reasonably  reflect
representation from the geographic areas in this State.
    The  Board  shall  annually  elect  one of its members as
chairperson and vice chairperson.
    Members of the Board  shall  receive  as  compensation  a
reasonable  sum  as  determined  by the Director for each day
actually engaged in the duties of the office,  and  shall  be
reimbursed for authorized expenses incurred in performing the
duties of the office.
    The  Director may terminate the appointment of any member
for cause which in the opinion  of  the  Director  reasonably
justifies the termination.
    Through  consultation with members of a state association
for the home medical equipment  and  services  industry,  the
Board  may recommend to the Department rules that specify the
medical equipment to be  included under this  Act,  that  set
standards   for  the  licensure,  professional  conduct,  and
discipline  of entities that provide home  medical  equipment
and  services, and that govern the safety and quality of home
medical equipment and services. The Director  shall  consider
the recommendations of the Board.
    Members  of  the  Board  shall  be immune from suit in an
action based  upon  any  disciplinary  proceedings  or  other
activities performed in good faith as members of the Board.
    A  majority  of  Board  members currently appointed shall
constitute a quorum. A vacancy in the membership of the Board
shall not impair the rights  of  a  quorum  to  exercise  the
rights and perform all of the duties of the Board.

    Section   30.   Application   for   original   licensure.
Applications    for  original  licensure shall be made to the
Department in writing  and signed by the applicant  on  forms
prescribed  by  the Department and shall be accompanied by  a
nonrefundable  fee  set  by  rule  of  the  Department.   The
Department may require from an applicant information that, in
its  judgment,  will  enable  the  Department  to pass on the
qualifications of the applicant for licensure.
    An applicant has 3 years from the date of application  to
complete  the  application  process.   If the process has not
been completed in 3 years, the application shall  be  denied,
the  fee  shall  be forfeited, and the applicant must reapply
and  meet  the  requirements  in  effect  at  the   time   of
reapplication.

    Section 35. Qualifications for licensure.
    (a)  An  entity  is  qualified to  receive a license as a
home medical equipment and services  provider if  the  entity
meets each of the following requirements:
         (1)  complies  with all applicable federal and State
    licensure and regulatory requirements;
         (2)  maintains  a  physical  facility  and   medical
    equipment    inventory.   There shall only be one license
    permitted at each  address;
         (3)  establishes   proof   of   commercial   general
    liability  insurance,    including  but  not  limited  to
    coverage  for   products   liability   and   professional
    liability;
         (4)  establishes  and  provides  records  of  annual
    continuing   education   for  personnel  engaged  in  the
    delivery,  maintenance,   repair,   cleaning,   inventory
    control,   and   financial  management  of  home  medical
    equipment and services;
         (5)  maintains records on all patients  to  whom  it
    provides home medical equipment and services;
         (6)  establishes  equipment management and personnel
    policies;
         (7)  makes life sustaining  home  medical  equipment
    and  services  available  24 hours per day and 7 days per
    week;
         (8)  complies with any additional qualifications for
    licensure as determined by rule of the Department.
    (b)  The Department may request a personal  interview  of
an  applicant    before  the  Board  to  further evaluate the
entity's  qualifications for licensure.

    Section 40. Issuance of  license.  The  Department  shall
begin  issuing  licenses  under this Act within 2 years after
the effective date of this Act. The Department shall issue  a
license  to  an  applicant  who  has  met the requirements of
Section 35 and has paid the required application fee.

    Section 45. Display of license; advertising; penalties.
    (a)  An entity that advertises home medical equipment and
services shall, at its place of business, display the license
of the entity.
    (b)  No  entity  that  provides  home  medical  equipment
services may advertise the equipment and services unless that
entity includes in the advertisement the statement  "Licensed
in the State of Illinois".

    Section  50. License expiration; renewal.  The expiration
date,  renewal  period,  renewal  fees,  and  procedures  for
renewal of licenses issued under this Act  shall  be  set  by
rule  of  the  Department. An entity may renew its license by
paying  the  required  fee  and  by   meeting   the   renewal
requirements adopted by the Department under this Section.

    Section  55.  Restoration  of  expired  license.  A  home
medical  equipment  and  services  provider whose license has
expired may have the license restored by  making  application
to the Department, by paying the required fees, and by filing
proof  acceptable  to  the  Department of fitness to have the
license  restored as established by rule.
    Section 65. Fees; returned checks. An entity who delivers
a check or other payment to the Department that  is  returned
to  the  Department  unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to
the amount already owed to the Department, a fine of $50.  If
the check or other payment was for a renewal or issuance  fee
and  that  entity  operates  without  paying  the  renewal or
issuance fee and the fine due, an  additional  fine  of  $100
shall  be  imposed.  The fines imposed by this Section are in
addition to any other discipline provided under this Act  for
unlicensed practice or practice on a nonrenewed license.  The
Department  shall notify the entity that fees and fines shall
be paid to the Department by certified check or  money  order
within  30  calendar days of the notification.  If, after the
expiration of 30 days from the date of the notification,  the
entity  has  failed  to  submit the necessary remittance, the
Department shall automatically terminate the license or  deny
the  application  without  a  hearing.  If the entity seeks a
license after termination or denial, the entity  shall  apply
to  the Department for restoration or issuance of the license
and pay all fees and  fines  owed  to  the  Department.   The
Department  may  establish  a  fee  for  the processing of an
application for restoration of a license to pay all  expenses
of  processing  that  application. The Director may waive the
fines due under this Section in individual  cases  where  the
Director  finds  that  the  fines  would  be  unreasonable or
unnecessarily burdensome.

    Section 70. Roster of licensees.   The  Department  shall
maintain a roster of the names and addresses of all licensees
and  of  all  entities  whose  license  has been suspended or
revoked within the  previous  year.   This  roster  shall  be
available  upon  written  request and payment of the required
fee.
    Section 75. Refused issuance, suspension,  or  revocation
of  license.  The  Department  may refuse to issue, renew, or
restore  a  license,  or  may  revoke,    suspend,  place  on
probation, reprimand, impose a fine not to exceed $1,000  for
each  violation,  or  take  other  disciplinary action as the
Department may deem proper with regard to a licensee for  any
one or combination of the following reasons:
         (1)  Making  a  material  misstatement in furnishing
    information to the Department.
         (2)  Negligent or intentional disregard of this  Act
    or its rules.
         (3)  Conviction  of  a  crime  under the laws of the
    United States or any state or territory thereof that is a
    felony or a misdemeanor, an essential element of which is
    dishonesty, or conviction of a  crime  that  is  directly
    related  to  the provision of home  medical equipment and
    services.
         (4)  Making a misrepresentation to obtain  licensure
    or to violate a provision of this Act.
         (5)  Gross negligence in practice under this Act.
         (6)  Engaging  in  a  pattern  of  practice or other
    behavior that demonstrates incapacity or incompetence  to
    practice under this Act.
         (7)  Aiding,   assisting,  or  willingly  permitting
    another person in violating any provision  of this Act or
    its rules.
         (8)  Failing, within 60 days, to provide information
    in response to a written request made by the Department.
         (9)  Engaging   in   dishonorable,   unethical,   or
    unprofessional conduct of a character likely to  deceive,
    defraud, or harm the public.
         (10)  Discipline   by  another  state,  District  of
    Columbia, territory, or foreign nation, if at  least  one
    of  the  grounds  for  the  discipline  is  the  same  or
    substantially equivalent to one set forth in this Act.
         (11)  Directly  or indirectly giving to or receiving
    from  any  person,  firm,  corporation,  partnership,  or
    association any fee, commission, rebate, or other form of
    compensation for any services not actually or  personally
    rendered.
         (12)  A  finding that the licensee, after having its
    license placed on probationary status, has  violated  the
    terms of probation.
         (13)  Willfully  making  or  filing false records or
    reports in the course of providing home medical equipment
    and services, including but not limited to false  records
    or reports filed with  State agencies or departments.
         (14)  Solicitation  of business services, other than
    according to permitted advertising.
         (15)  The use of any words, abbreviations,  figures,
    or letters with the intention of indicating practice as a
    home  medical  equipment  and services provider without a
    license issued under this Act.
         (16)  Failure to file a return, or to pay  the  tax,
    penalty,  or  interest shown in a filed return, or to pay
    any final assessment  of tax, penalty,  or  interest,  as
    required  by  any tax Act  administered by the Department
    of Revenue, until such  time as the requirements  of  any
    such tax Act are satisfied.
         (17)  Failure   to  comply  with  federal  laws  and
    regulations  concerning  home   medical   equipment   and
    services providers.
         (18)  Solicitation  of  professional  services using
false or misleading advertising.
         (19)  Failure to display  a  license  in  accordance
    with Section 45.

    Section 80. Cease and desist order.
    (a)  If  any entity violates a provision of this Act, the
Director may, in the name of  the  People  of  the  State  of
Illinois,  through  the  Attorney  General  of  the  State of
Illinois, petition for an order enjoining  the  violation  or
for  an  order  enforcing compliance with this Act.  Upon the
filing of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and  may
preliminarily and permanently enjoin the violation, and if it
is  established  that the entity has violated or is violating
the  injunction,  the  court  may  punish  the  offender  for
contempt of court.  Proceedings under this Section  shall  be
in  addition  to,  and not in lieu of, all other remedies and
penalties provided by this Act.
    (b)  If an entity holds itself out as a provider of  home
medical equipment and services without a license issued under
this  Act, an interested party or any person injured thereby,
in addition to the  Director,  may  petition  for  relief  as
provided in  subsection (a) of this Section.
    (c)  Whenever  in the opinion of the Department an entity
violates a provision of this Act, the Department may issue  a
rule  to  show  cause why an order to cease and desist should
not be entered against the entity.  The  rule  shall  clearly
set forth the grounds relied upon by the Department and shall
provide  a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department.  Failure  to
answer  to  the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.

    Section 85. Unlicensed practice; civil penalty.
    (a) An entity who practices, offers to practice, attempts
to practice, or holds  itself  out  to  practice  as  a  home
medical   equipment   and  services  provider  without  being
licensed under this Act  shall,  in  addition  to  any  other
penalty   provided  by  law,  pay  a  civil  penalty  to  the
Department in an amount not to exceed $5,000 for each offense
as determined by the Department.  The civil penalty shall  be
assessed  by  the  Department  after  a  hearing  is  held in
accordance  with  the  provisions  set  forth  in  this   Act
regarding  the provision of a hearing for the discipline of a
licensee. The civil penalty shall  be  paid  within  60  days
after  the  effective  date  of  the order imposing the civil
penalty. The order shall constitute a  judgment  and  may  be
filed  and  executed  in the same manner as any judgment from
any court of record.
    (b)  The  Department  may  investigate   any   unlicensed
activity.

    Section 90.  Mandatory inspections.  The Department shall
inspect  a  licensee  for compliance with the requirements of
this Act within 3 years after the date of  initial  licensure
and  at  least  once  every  3  years  thereafter, unless the
licensee can demonstrate proof of  renewal  of  accreditation
with  a  recognized national accrediting body. The Department
shall conduct random inspections upon renewal of  a  license,
for  cause  or  as  necessary  to  assure  the  integrity and
effectiveness of the licensing process.  Upon failure to pass
inspection, a provider's license shall be suspended or denied
as applicable, pending review by the  Board.  The  Department
may  authorize qualified individuals to conduct  inspections.
The Department shall set by rule, and pay to an inspector,  a
fee  for  each  inspection.  An  entity that fails to pass an
inspection is subject to penalties  under  Section  80.  Upon
notice  of  failure  to  pass an inspection, a provider shall
have 30 days to appeal the inspection results. On  appeal,  a
provider shall have the right to an inspection review or to a
new  inspection  in accordance with procedures adopted by the
Department. A home medical equipment  and  services  provider
licensed  within 2 years after the effective date of this Act
is exempt from the inspection requirements  of  this  Section
during that 2-year period.

    Section 95. Investigations; notice and hearing.
    (a)  The  Department  may  investigate  the actions of an
applicant or of an entity  holding  or  claiming  to  hold  a
license.
    (b)  The  Department  shall,  before refusing to issue or
renew a license or disciplining a licensee, at least 30  days
prior  to the date set for the hearing, notify in writing the
applicant or licensee of the nature of the charges and that a
hearing will be held on the date designated.  The  Department
shall  direct  the  applicant  or  licensee to file a written
answer to the Board under  oath  within  20  days  after  the
service  of  the  notice and inform the applicant or licensee
that failure to file an answer will result in  default  being
taken  against the applicant or licensee and that the license
may be suspended, revoked, placed on probationary status,  or
other  disciplinary  action  may be taken, including limiting
the scope, nature, or extent of business, as the Director may
deem proper.   Written  notice  may  be  served  by  personal
delivery or certified or registered mail to the respondent at
the   address  of  the  entity's  last  notification  to  the
Department. If the entity  fails  to  file  an  answer  after
receiving notice, the entity's license may, in the discretion
of  the  Department,  be  suspended,  revoked,  or  placed on
probationary status, or  the  Department  may  take  whatever
disciplinary  action  it deems proper, including limiting the
scope,  nature,  or  extent  of  the  entity's  business,  or
imposing a fine, without  a  hearing,  if  the  act  or  acts
charged  constitute  sufficient grounds for such action under
this Act. At the time and place  fixed  in  the  notice,  the
Board  shall  proceed to hear the charges, and the parties or
their counsel shall be accorded ample opportunity to  present
such  statements, testimony, evidence, and argument as may be
pertinent to the charges or to  their defense.  The Board may
continue a hearing from time to time.

    Section 100. Stenographer; transcript.  The Department at
its expense, shall preserve a record of  all  proceedings  at
the formal hearing of any case involving the refusal to issue
or  renew  a  license  or  the discipline of a licensee.  The
notice of hearing, complaint, and all other documents in  the
nature   of   pleadings,   written   motions   filed  in  the
proceedings, the transcript of testimony, the report  of  the
Board, and the order of the Department shall be the record of
the proceeding.

    Section  105. Compelling testimony.  A circuit court may,
upon application of the Department or its designee or of  the
applicant  or licensee against whom proceedings under Section
95 are pending, enter an order requiring  the  attendance  of
witnesses   and   their   testimony  and  the  production  of
documents, papers, files, books, and  records  in  connection
with  any  hearing  or  investigation.  The  court may compel
obedience to its order by proceedings for contempt.

    Section  110.  Findings  and  recommendations.   At   the
conclusion  of  the  hearing  the  Board shall present to the
Director   a   written   report   of   its    findings    and
recommendations.   The  report  shall  contain  a  finding of
whether or not the accused entity violated this Act or failed
to comply with the conditions  required  in  this  Act.   The
Board shall specify the nature of the violation or failure to
comply, and shall make its recommendations to the Director.
    The  report  of findings and recommendations of the Board
shall be the basis for the Department's order of  refusal  or
for  the  granting  of  licensure  unless  the Director shall
determine that the Board's report is contrary to the manifest
weight of the evidence, in which case the Director may  issue
an order in contravention of the Board's report.  The finding
is  not  admissible  in  evidence  against  the  entity  in a
criminal prosecution brought for the violation of  this  Act,
but  the  hearing  and  finding  are  not a bar to a criminal
prosecution brought for the violation of this Act.

    Section 115. Rehearing on motion. In a case involving the
refusal to issue or renew a license or the  discipline  of  a
licensee,  a  copy of the Board's report shall be served upon
the respondent by the Department,  either  personally  or  as
provided  in  this  Act  for  the  service  of  the notice of
hearing.  Within 20 days after such service,  the  respondent
may  present  to  the  Department  a  motion in writing for a
rehearing, which shall specify the particular grounds for the
rehearing. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing the motion, or if
a motion for rehearing is denied, then upon such  denial  the
Director    may   enter   an   order   in   accordance   with
recommendations of the Board except as  provided  in  Section
120  of  this  Act.   If  the respondent shall order from the
reporting service and pay for a transcript of the record with
the time for filing a motion for rehearing, the 20 day period
within which such a motion may be filed shall  commence  upon
the delivery of the transcript to the respondent.

    Section 120. Rehearing on order of Director. Whenever the
Director  is  satisfied that substantial justice has not been
done in the revocation or suspension of a license or  refusal
to  issue  or  renew  a  license,  the  Director  may order a
rehearing by the same or another Board.

    Section  125.  Hearing  officer.  The  Director  has  the
authority to appoint an attorney duly  licensed  to  practice
law  in the State of Illinois to serve as the hearing officer
in an action for refusal to issue or renew a license, or  for
the  discipline  of a licensee. The Director shall notify the
Board of an appointment. The hearing officer shall have  full
authority  to conduct the hearing.  The hearing officer shall
report his or her  findings and recommendations to the  Board
and  the Director. The  Board shall have 60 days from receipt
of the report to review the report of the hearing officer and
present  its  findings  of  fact,  conclusions  of  law   and
recommendation  to  the  Director.   If  the  Board  fails to
present its report within the 60  day  period,  the  Director
shall  issue  an  order  based  on  the report of the hearing
officer.  If the Director determines that the Board's  report
is contrary to the manifest weight of the evidence, he or she
may issue an order in contravention of the Board's report.

    Section  130.  Order  or  certified  copy.  An order or a
certified copy of an order, over the seal of  the  Department
and  purporting  to be signed by the Director, shall be prima
facie proof that:
         (1)  the signature is the genuine signature  of  the
    Director;
         (2)  the  Director  is duly appointed and qualified;
    and
         (3)  the Board and its members are qualified to act.
    This proof may be rebutted.

    Section 135. Restoration of license. At  any  time  after
the suspension or revocation of a license, the Department may
restore  the  license  to the accused entity upon the written
recommendation of the Board unless,  after  an  investigation
and  a  hearing, the Board determines that restoration is not
in the public interest.
    Section 140. Surrender of license.  Upon  the  revocation
or  suspension  of  a license, the licensee shall immediately
surrender the license to the Department, and  if  the  entity
fails  to do so, the Department shall have the right to seize
the license.

    Section 145. Temporary  suspension  of  a  license.   The
Director  may  temporarily  suspend  the  license  of  a home
medical equipment and services provider  without  a  hearing,
simultaneously  with  the  institution  of  proceedings for a
hearing provided for in  Section  95  of  this  Act,  if  the
Director  finds  that  evidence  in  his  or  her  possession
indicates  that  the  home  medical  equipment  and  services
provider's  continuation  in  business  would  constitute  an
imminent  danger  to  the public. If the Director temporarily
suspends the license of a home medical equipment and services
provider without a hearing, a hearing by the  Board  must  be
held within 30 days of the suspension.

    Section   150.   Administrative  Review  Law.  All  final
administrative decisions of the  Department  are  subject  to
judicial   review   pursuant   to   the   provisions  of  the
Administrative Review Law, as now or hereafter  amended,  and
all   rules   adopted   pursuant   to   that  Law.  The  term
"administrative decision" is defined as in Section  3-101  of
the Code of Civil Procedure.
    Proceedings for judicial review shall be commenced in the
circuit  court  of the county in which the party applying for
relief resides, but if the party is not a  resident  of  this
State, the venue shall be in Sangamon County.

    Section   155.   Certification  of  record;  costs.   The
Department shall not be required to certify any record  to  a
court  or  file  any answer in court or otherwise appear in a
court in a judicial review proceeding, unless there is  filed
in  the  court,  with  the  complaint,  a  receipt  from  the
Department  acknowledging  payment of the costs of furnishing
and certifying  the  record.  Failure  on  the  part  of  the
plaintiff  to  file  a  receipt in court shall be grounds for
dismissal of the action.

    Section 160. Criminal penalties. An entity who  is  found
to have violated a provision of this Act is guilty of a Class
A  misdemeanor.   On  conviction  of  a  second or subsequent
offense, the violator shall be guilty of a Class 4 felony.

    Section 165. Administrative Procedure Act.  The  Illinois
Administrative  Procedure Act is hereby expressly adopted and
incorporated in this Act as if all of the provisions of  that
Act  were  included in this Act, except that the provision of
subsection   (d)   of   Section   10-65   of   the   Illinois
Administrative Procedure Act, which provides that at hearings
the license holder has the right to show compliance with  all
lawful  requirements  for retention, continuation, or renewal
of a license, is specifically excluded.  For the purposes  of
this  Act,  the  notice  required  under Section 10-25 of the
Illinois Administrative Procedure Act  is  deemed  sufficient
when mailed to the last known address of a party.

    Section  170.  Exclusive State regulation. It is declared
to be the public policy of this State, pursuant to  paragraph
(h)  of Section 6 of Article VII of the Illinois Constitution
of 1970, that any power or function set forth in this Act  to
be  exercised  by  the  State  is an exclusive State power or
function.  Such power or  function  shall  not  be  exercised
concurrently,  whether directly or indirectly, by any unit of
local  government,  including  home  rule  units,  except  as
otherwise provided in this Act.
    Section  175.  Entities  currently  operating.   Entities
engaged  in  the business of providing home medical equipment
and services at least 3 months prior to the effective date of
this Act shall be issued a license valid for  2  years,  upon
application  and  payment  of  the  required fee, without the
necessity  for  a  determination  of  compliance   with   the
requirements  of  subsection  (a)  of  Section 40. During the
first year of licensure, such providers shall be  subject  to
random  inspections for compliance with applicable standards,
unless such providers  have  a  valid  accreditation  from  a
recognized national accrediting body.

    Section  180.  Deposit of fees and fines; appropriations.
All of the fees and fines collected under this Act  shall  be
deposited  into  the  General Professions Dedicated Fund, and
shall be used by the Department,  as  appropriated,  for  the
ordinary and contingent expenses of the Department.

    Section  300. The Regulatory Agency Sunset Act is amended
by adding Section 4.18 as follows:

    (5 ILCS 80/4.18 new)
    Sec. 4.18. Act repealed January 1,  2008.  The  following
Act is repealed January 1, 2008:
    The  Home Medical Equipment and Services Provider License
Act.

    Section 999.  Effective date.  This Act takes effect upon
becoming law.

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