HB3060 EngrossedLRB103 27769 CPF 54147 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 Life Care Facilities Act is amended by
5adding Section 10.3 as follows:
 
6    (210 ILCS 40/10.3 new)
7    Sec. 10.3. Provision of at-home continuing care.
8    (a) The Department shall adopt rules that:
9        (1) establish standards for providers of at-home
10    continuing care;
11        (2) provide for the certification and registration of
12    providers of at-home continuing care and the annual
13    renewal of certificates of registration;
14        (3) provide for and encourage the establishment of
15    at-home continuing care programs;
16        (4) set minimum requirements for any individual who is
17    employed by or under contract with a provider of at-home
18    continuing care and who will enter a provider of at-home
19    continuing care's subscriber's home to provide at-home
20    continuing care services, including requirements for
21    criminal background checks of such an individual who will
22    have routine, direct access to a subscriber;
23        (5) establish standards for the renewal of

 

 

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1    certificates of registration for providers of at-home
2    continuing care;
3        (6) establish standards for the number of executed
4    agreements necessary to begin operation as a provider of
5    at-home continuing care;
6        (7) establish standards for when and how a provider of
7    at-home continuing care or a subscriber may rescind an
8    at-home continuing care agreement before at-home
9    continuing care services are provided to the subscriber;
10        (8) allow a subscriber to rescind an agreement for
11    at-home continuing care services at any time if the terms
12    of the agreement violate this Section;
13        (9) establish that a provider may terminate an
14    agreement to provide at-home continuing care services or
15    discharge a subscriber only for just cause; and
16        (10) establish procedures to carry out a termination
17    or discharge under paragraph (9).
18    (b) The Department shall certify and register a person as
19a provider of at-home continuing care services under this
20Section if the Department determines that:
21        (1) a reasonable financial plan has been developed to
22    provide at-home continuing care services, including a plan
23    for the number of agreements to be executed before
24    beginning operation;
25        (2) a market for the at-home continuing care program
26    exists;

 

 

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1        (3) the provider has submitted all proposed
2    advertisements, advertising campaigns, and other
3    promotional materials for the program;
4        (4) the form and substance of all advertisements,
5    advertising campaigns, and other promotional materials
6    submitted are not deceptive, misleading, or likely to
7    mislead; and
8        (5) an actuarial forecast supports the market for the
9    program.
10    (c) A provider may not enter into an agreement to provide
11at-home continuing care services until the Department issues a
12preliminary certificate of registration to the provider. An
13application for a preliminary certificate of registration
14shall:
15        (1) be filed in a form determined by the Department by
16    rule; and
17        (2) include:
18            (A) a copy of the proposed at-home continuing care
19        agreement; and
20            (B) the form and substance of any proposed
21        advertisements, advertising campaigns, or other
22        promotional materials for the program that is
23        available at the time of filing the application and
24        that has not been filed previously with the
25        Department.
26    (d) The Department shall issue a preliminary certificate

 

 

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1of registration to a provider under subsection (c) if the
2Department determines that:
3        (1) the proposed at-home continuing care agreement is
4    satisfactory;
5        (2) the provider has submitted all proposed
6    advertisements, advertising campaigns, and other
7    promotional materials for the program; and
8        (3) the form and substance of all advertisements,
9    advertising campaigns, and other promotional materials
10    submitted are not deceptive, misleading, or likely to
11    mislead.
12    (e) A person may not provide at-home continuing care
13services until the Department issues a certificate of
14registration to the person. An application for a certificate
15of registration shall:
16        (1) be filed in a form determined by the Department by
17    rule; and
18        (2) include:
19            (A) verification that the required number of
20        agreements has been executed;
21            (B) the form and substance of any proposed
22        advertisements, advertising campaigns, or other
23        promotional materials for the program that are
24        available at the time of filing and that have not been
25        filed previously with the Department; and
26            (C) verification that any other license or

 

 

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1        certificate required by other appropriate State units
2        has been issued to the provider.
3    (f) The Department shall issue a certificate of
4registration to a provider under subsection (e) if the
5Department determines that:
6        (1) the information and documents submitted and
7    application for a preliminary certificate of registration
8    are current and accurate or have been updated to make them
9    accurate;
10        (2) the required agreements have been executed;
11        (3) any other license or certificate required by other
12    appropriate State units has been issued to the provider;
13        (4) the provider has submitted all proposed
14    advertisements, advertising campaigns, and other
15    promotional materials for the program; and
16        (5) the material submitted is not an advertisement,
17    advertising campaign, or other promotional material that
18    is deceptive, misleading, or likely to mislead.
19    If a provider intends to advertise before the Department
20issues a certificate of registration, the provider shall
21submit to the Department any advertisement, advertising
22campaign, or other promotional materials before using it.
23    (g) Every 2 years, within 120 days after the end of a
24provider's fiscal year, a provider shall file an application
25for a renewal certificate of registration with the Department.
26The application shall:

 

 

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1            (A) be filed in a form determined by the
2        Department by rule; and
3            (B) contain any reasonable and pertinent
4        information that the Department requires.
5    (h) The Department shall issue a renewal certificate of
6registration under subsection (g) if the Department determines
7that:
8        (1) all required documents have been filed and are
9    satisfactory;
10        (2) any revised agreements for at-home continuing care
11    services meet the Department's requirements;
12        (3) the provider has submitted all proposed
13    advertisements, advertising campaigns, and other
14    promotional materials for the program; and
15        (4) the form and substance of all advertisements,
16    advertising campaigns, and other promotional materials
17    submitted are not deceptive, misleading, or likely to
18    mislead.
19    (i) The Department may deny, suspend, or revoke a
20preliminary, initial, or renewal certificate of registration
21under this Section for cause. The Department shall set forth
22in writing its reasons for a denial, suspension, or
23revocation. A provider may appeal a denial in writing. Grounds
24for a denial, suspension, or revocation include, but are not
25limited to:
26        (1) violation of this Section;

 

 

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1        (2) violation of a rule adopted by the Department
2    under this Section;
3        (3) misrepresentation; or
4        (4) submission of false information.