101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3549

 

Introduced 2/14/2020, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 55/4  from Ch. 111 1/2, par. 2804

    Amends the Home Health, Home Services, and Home Nursing Agency Licensing Act. Provides that the term of a provisional license for a home health agency is 240 (rather than 120) days. Provides that the fee for each single home health agency license shall be set by rule by the Department of Public Health (rather than the fee for each license or any renewal being $25). Effective January 1, 2021.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3549LRB101 20383 CPF 69929 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Home Health, Home Services, and Home Nursing
5Agency Licensing Act is amended by changing Section 4 as
6follows:
 
7    (210 ILCS 55/4)  (from Ch. 111 1/2, par. 2804)
8    Sec. 4. Types of licenses.
9    (a) If an applicant for licensure has not been previously
10licensed, or if the home health agency, home services agency,
11or home nursing agency is not in operation at the time
12application is made, the Department may issue a provisional
13license. A provisional license shall be valid for a period of
14240 120 days unless sooner suspended or revoked pursuant to
15Section 9 of this Act. Within 30 days prior to the termination
16of a provisional license, the Department shall inspect the
17agency and, if the applicant substantially meets the
18requirements for licensure, it shall issue a license under this
19Section. If the Department finds that a holder of a provisional
20license does not substantially meet the requirements for
21licensure, but has made significant progress toward meeting
22those requirements, the Director may renew the provisional
23license once for a period not to exceed 240 120 days from the

 

 

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1expiration date of the initial provisional license.
2    (b)(1) The Director may also issue a provisional license to
3any licensed agency which does not substantially comply with
4the provisions of this Act and the rules promulgated hereunder,
5provided he finds that the health, safety, and well-being of
6the clients of the agency will be protected during the period
7for which such provisional license is issued. The term of such
8provisional license shall not exceed 240 120 days.
9    (2) The Director shall advise the licensee of the
10conditions under which such provisional license is issued,
11including the manner in which the licensee fails to comply with
12the provisions of the Act or rules, and the time within which
13the corrections necessary for the agency to substantially
14comply with the Act and rules shall be completed.
15    (3) The Director, at his discretion, may extend the term of
16such provisional license for an additional 240 120 days, if he
17finds that the agency has made substantial progress toward
18correcting the violations and bringing the agency into full
19compliance with this Act and the rules promulgated hereunder.
20    (c) An annual license shall be issued to any person
21conducting or maintaining a home health agency upon receipt of
22an application and payment of the licensure fee, and when the
23other requirements of this Act, and the standards, rules and
24regulations promulgated hereunder, are met. The fee for each
25single home health agency license shall be set by rule by the
26Department or any renewal shall be $25.

 

 

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1    (d) The Department shall establish, by rule, a system
2whereby an entity that meets the requirements for licensure may
3obtain licensure singly or in any combination for the
4categories authorized under this Act. The Department shall
5develop and implement one application to be used even if a
6combination of licenses authorized under the Act is sought.
7Applicants for multiple licenses under this system shall pay
8the higher of the licensure fees applicable. Fees collected
9under this system shall be deposited into the Home Care
10Services Agency Licensure Fund.
11(Source: P.A. 94-379, eff. 1-1-06.)
 
12    Section 99. Effective date. This Act takes effect January
131, 2021.