TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER b: HOSPITALS AND AMBULATORY CARE FACILITIES
PART 245 HOME HEALTH, HOME SERVICES, AND HOME NURSING AGENCY CODE
SECTION 245.100 PROVISIONAL LICENSE
Section 245.100 Provisional License
a) Provisional License for New Agencies
1) The Department shall issue a provisional license to a new agency provided that the application is in compliance with Section 245.90. A new agency is an agency that meets either of the following circumstances:
A) The applicant for licensure has not previously been licensed; or
B) The agency is not in operation at the time the application is made. (Section 4(a) of the Act).
2) Within 30 days prior to the termination of the provisional license, the Department shall inspect the agency and, if the applicant substantially meets the requirements for licensure, the Department shall issue a license. This license shall expire one year from the end of the month in which the provisional license was first issued. The initial license fee shall be applied to this license. (Section 4(a) of the Act)
b) Provisional License for Operating Agencies
1) If an operating agency does not substantially comply with the provisions of the Act and this Part, the Department shall issue a provisional license, provided that:
A) The health, safety, and well-being of the patients and/or clients of the agency will be protected during the period for which such provisional license is issued (Section 4(b)(1) of the Act); and
B) The violations of the requirements of the Act and this Part are not serious enough to support adverse licensure action as provided under Sections 8 and 9 of the Act and Section 245.130 of this Part.
2) When a provisional license is issued to an operating agency, the Department shall notify the agency of the issuance of the provisional license. The notice to the agency shall include the following information:
A) A description of the manner in which the agency fails to substantially comply with all of the requirements of the Act and this Part.
B) A description of the corrections which must be made by the agency to substantially comply with all of the requirements of the Act and this Part.
C) A specific time within which the necessary corrections shall be completed by the agency. (Section 4(b)(2) of the Act)
c) A provisional license is valid for 120 days unless sooner suspended or revoked in accordance with Section 9 of the Act and Section 245.130 of this Part. A provisional license will be renewed for an additional 120 days when the Department finds that all of the following conditions exist:
1) The agency does not substantially meet all of the requirements of the Act and this Part.
2) The agency has made significant progress toward correcting deficiencies and bringing the agency into full compliance with the requirements of the Act and this Part.
3) The health, safety and well-being of the patients and/or clients of the agency will be protected during the period for which the provisional license is extended. (Section 4 of the Act)
(Source: Amended at 32 Ill. Reg. 8949, effective June 5, 2008)