Section 245.90  License Application

a)         Initial Application – All Agencies

1)         Any person who desires to obtain a license to operate a home health, home nursing, home services, home nursing placement, or home service placement agency shall file a licensure application with the Department.  Any person in interest, different from the licensee, who desires to conduct, maintain, or operate a home health, home nursing, home services, home nursing placement or home services placement agency shall also file an application for licensure with the Department.

2)         The application shall be accompanied by a Certificate of Insurance documenting minimum liability coverage of $1 million per occurrence and $3 million in the aggregate.

3)         Each initial application for licensure shall be on forms provided by the Department, and shall contain, at a minimum, the following information:

A)        Name, address, and location of the agency;

B)        Ownership, organization and governing structure of the agency;

C)        The names and addresses of all persons who own at least 5% of the agency and the type of ownership of the agency (for example individual, partnership or corporation). In addition, corporation shall submit:

i)          A list of the title, name and address of each of its corporate officers;

ii)         A list of the name and address of each of its shareholders holding more than 5% of the shares; and

iii)        Information for the applicant and its officers regarding any conviction of, or plea of guilty to, a felony, or two or more misdemeanors involving moral turpitude during the previous year;

D)        A description of the services to be provided;

E)        A list of the staff of the agency or a list of placement agency registry, including any applicable licensure, registration, or certification and any other qualifications of the staff of the agency;

F)         Sources of financing of services and any other sources of income of the agency;

G)        A description or map of the geographic service area in which services are provided by the agency;

H)        Charges for services by types of services provided by the agency; and

I)         For home health agencies, copies of any affiliation agreements with other health care providers. (Section 5(a) of the Act)

b)         Renewal Application – All Agencies

1)         Each licensee shall file a renewal application with the Department not less than 60 days, or more than 90 days, prior to the expiration date of the licensee's current license.  If a licensee does not submit its renewal application and fee within 60 days prior to the expiration date, the licensee may be fined in accordance with Section 245.140.

2)         Each renewal application shall be on forms provided by the Department and shall contain the information specified in subsection (a)(3).

3)         Each licensee shall submit information for the licensee and its officers regarding any conviction of, or plea of guilty to, a felony, or two or more misdemeanors involving moral turpitude, during the previous year for the licensee and its officers.

c)         Renewal Application – Home Health Agencies

Applications for renewal of home health agency licenses shall additionally contain the following information:

1)         Patient load data for the preceding year, including the number of patients discharged, the total number of patients who received services, the number of patients over 65 years of age who received services, and the number of patients being served at the end of the year; and

2)         Agency utilization data, including the number of patients receiving specific types of services and the number of visits by types of services provided. (Section 5(a) of the Act)

d)         Renewal Application – Home Services, Home Nursing, Home Services Placement and Home Nursing Placement Agencies

Applications for renewal shall additionally contain the following information:

1)         Client load data for home services and home nursing for the preceding year, including the number of clients admitted, the number of clients discharged, the number of patients over 65 years of age who received services, and the number of clients being served at the end of the year, with the exception of those clients being served through the Community Care Program of the Illinois Department on Aging, the Department of Human Services Office of Rehabilitation Services, or the United States Department of Veterans Affairs; and

2)         Client data for home services placement and home nursing placement for the preceding year, including the number of placements, the number of placements for clients 65 or older, and the number of clients in process on the last day of the most recent fiscal period.

e)         A home health agency shall be in operation and be able to demonstrate patient activity prior to the second renewal of the agency's license to verify compliance for a renewal of the agency's license. A home services, home nursing, home services placement and home nursing placement agency shall be in operation and be able to demonstrate client activity prior to the second renewal of the agency's license to verify compliance for a renewal of the agency's license.

f)         An entity that meets the requirements for licensure under the Act and this Part may obtain licensure singly or in any combination for the categories authorized under the Act and this Part.  (Section 4(d) of the Act)

g)         One application for licensure shall be used even if a combination of licenses authorized under the Act and this Part is sought.  Applicants for multiple licenses shall pay the higher of the licensure fees applicable.  (Section 4(d) of the Act)

h)         The Department will review each application.  The Department will approve the application and issue an initial or renewal license to the applicant for operation of an agency when it finds that the applicant meets all of the requirements of the Act and this Part.  The Department may also issue a provisional license, as provided in Section 4 of the Act and Section 245.100, or deny an application, as provided in Sections 8 and 9 of the Act and Section 245.130.  (Section 4(c) of the Act)

(Source:  Amended at 47 Ill. Reg. 17468, effective November 8, 2023)