State of Illinois
90th General Assembly

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      New Act
      30 ILCS 105/5.449 new
          Creates the Health Care Appointment Transportation Act to
      regulate   through    licensure    requirements    businesses
      transporting passengers to and from non-emergency health care
      appointments.  Amends the State Finance Act to add the Health
      Care Appointment Transportation Fund.
 1        AN  ACT   to   create   the   Health   Care   Appointment
 2    Transportation Act, amending a named Act.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 1.  Short title.  This Act may be  cited  as  the
 6    Health Care Appointment Transportation Act.
 7        Section  5.   Legislative  intent.   The General Assembly
 8    finds  that  residents  of  this  State,  especially  elderly
 9    citizens, rely on private businesses providing transportation
10    services  in  order  to  get  to  and   from   health-related
11    appointments.   Further,   the  public's  reliance  on  those
12    services may give rise to unscrupulous practices  by  service
13    providers  that  exploit the demand and need for services. It
14    is therefore the intent of this Body to  regulate  businesses
15    providing  health  care  appointment  transportation services
16    through licensure requirements.
17        Section 10.  Definitions.  As used in this Act:
18             (1)  "Department" means  the  Department  of  Public
19        Health.
20             (2)  "Director" means the Director of Public Health.
21             (3)  "Health    care    appointment   transportation
22        service" means a service provided  by  a  privately-owned
23        business entity to transport passengers by motor vehicle,
24        as  defined  under the Illinois Vehicle Code, to and from
25        scheduled or unscheduled, non-emergency  appointments  or
26        visits  with  health  care  providers  or  professionals,
27        including but not limited to medical, dental, optometric,
28        physical  therapy,  and  rehabilitation  appointments  or
29        visits.  "Health care appointment transportation service"
30        does not include a transportation service provided by  an
                            -2-                LRB9001568DPcc
 1        ambulance  or  another  vehicle used for emergency health
 2        care purposes or for transporting a person who  is  being
 3        transferred   as  an  in-patient  from  one  health  care
 4        facility to another health care facility.
 5             (4)  "Health   care    appointment    transportation
 6        enterprise"   or   "enterprise"   means   a  corporation,
 7        partnership,  sole  proprietorship,  or  other   business
 8        enterprise     providing    health    care    appointment
 9        transportation services for remuneration.
10        Section 15. License requirement; application procedure.
11        (a)  No person shall operate a  health  care  appointment
12    transportation  enterprise  without  a  license issued by the
13    Department under this Act in the name of  the  owner  of  the
14    enterprise.    The owner of an enterprise in operation within
15    60 days before the effective date of this  Act  may  continue
16    the  operation of that enterprise after the effective date of
17    this Act without a license for up to 90 days after that date.
18        (b)  The   owner   of   a   health    care    appointment
19    transportation  enterprise  shall  apply  for a license under
20    this  Act  on  a  form  prescribed  by  the  Department   and
21    containing at least the following information:
22             (1)  the  name, address, and telephone number of the
23        owner;
24             (2)  the name, address, and telephone number of  the
25        enterprise;
26             (3)  the   year,  make,  model,  style,  color,  and
27        maximum occupancy of each vehicle to be used  to  provide
28        health care appointment transportation services;
29             (4)  the manufacturer's identification number or, if
30        applicable,   the   Secretary    of   State  or  Illinois
31        Department of State Police identification number of  each
32        vehicle   used   to   provide   health  care  appointment
33        transportation services; and
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 1             (5)  the  counties  and  municipalities   that   the
 2        enterprise is projected to serve.
 3        The  owner  of  the  enterprise shall promptly inform the
 4    Department in writing  of  any  changes  in  the  information
 5    included in the application.
 6        (c)  If  the  owner  of  an enterprise owns more than one
 7    health care appointment transportation enterprise, the  owner
 8    shall  file a separate application for each enterprise.
 9        (d)  Within 60 days of receipt of an application and  the
10    required  application  fee,  the  Department  shall  issue  a
11    license to the applicant.
12        (e)  The  license  issued   by  the  Department  shall be
13    effective for one year following the date of   issuance.  The
14    Department    may    stagger   license  renewal  dates  on  a
15    quarterly basis with an initial license being effective  from
16    9  months  to  15 months. The license is valid only  for  the
17    enterprise and  owner  stated  on  the  license  and  is  not
18    transferable.
19        (f)  A  license  issued under this Act shall be displayed
20    within sight of passengers in  each  motor  vehicle  used  to
21    provide health care appointment transportation services.
22        (g)  In  the  event  of  a  change  of  ownership  of  an
23    enterprise,  the  new  owner shall be required to apply for a
24    separate license to operate the enterprise no  more  than  30
25    days after the change of ownership.
26        Section  20.  License  renewal.  A  licensee  may renew a
27    license  issued  under  this  Act  by   submitting   to   the
28    Department,  at  least  30 days before the expiration date of
29    his or her license, a license renewal application on  a  form
30    prescribed by the Department.
31        Section  25. Operating requirements. The Department shall
32    set by rule the minimum  operating  standards  for  licensees
                            -4-                LRB9001568DPcc
 1    under  this Act.  The standards shall address the appropriate
 2    handling of passengers, including but not limited to  maximum
 3    delays in responding to scheduled passenger trips.
 4        Section 30.  Department powers.
 5        (a)  The  Department  shall set by rule fees for original
 6    and renewal licenses issued under this Act.
 7        (b)  The Department may establish a training program  for
 8    Department  agents  for the administration and enforcement of
 9    this Act and its rules.
10        (c)  The Department may designate   and   use   full-time
11    municipal,   district,   county,   or   multi-county   health
12    departments   as   its   agents  in  the  administration  and
13    enforcement of this Act and its rules.
14        (d)  The Department may adopt other rules as necessary to
15    administer and enforce this Act.
16        Section 35. Grounds for denial,  suspension,  revocation,
17    or nonrenewal of license. A license may be denied, suspended,
18    or  revoked or the renewal of a license may be denied for any
19    of the following reasons:
20             (1)  Violation  of  any  of the provisions  of  this
21        Act or its rules.
22             (2)  Conviction  of  an  applicant or licensee of an
23        offense arising from  false,  fraudulent,  deceptive,  or
24        misleading  advertising.  The  record  of conviction or a
25        certified copy of the record shall be conclusive evidence
26        of the conviction.
27             (3)  Making a false or misleading statement  to  the
28        Department.
29             (4)  Refusing  to  submit to the Department a report
30        or record required by the Department in investigating  an
31        owner or enterprise for licensing purposes.
32             (5)  Refusing to display a license issued under this
                            -5-                LRB9001568DPcc
 1        Act.
 2             (6)  Failing  to  exercise  reasonable  care  in the
 3        hiring,   training,   and   supervision   of   enterprise
 4        personnel.
 5             (7)  Obtaining  a   fee   by   fraud,   deceit,   or
 6        misrepresentation.
 7        Section   40.   Investigation;   hearing;   notice.   The
 8    Department  may,  upon  its  own  motion, and  shall upon the
 9    verified complaint in writing of  any  person  setting  forth
10    facts that if proven would constitute  grounds for the denial
11    of  an application for a license, refusal to renew a license,
12    revocation  of  a  license,  or  suspension  of  a   license,
13    investigate  an  applicant or licensee. The Department, after
14    notice and opportunity for hearing, may deny  an  application
15    for, or suspend or revoke, a license or may refuse to renew a
16    license.  Before  denying an application, refusing to renew a
17    license, or suspending or revoking a license, the  Department
18    shall  notify  the  applicant  in  writing.  The notice shall
19    specify  the  charges  or  reasons   for   the   Department's
20    contemplated action. The applicant or licensee must request a
21    hearing within 10 days of receipt  of  the notice. Failure to
22    request a hearing within 10 days shall constitute a waiver of
23    the right to a hearing.
24        Section 45. Conduct of hearing.
25        (a)  A hearing under Section 40 shall be conducted by the
26    Director  or a licensed attorney appointed by the Director as
27    a hearing officer.  The  Director  or  hearing  officer   may
28    compel by subpoena or subpoena duces tecum the attendance and
29    testimony of witnesses and the production of books and papers
30    and  may  administer oaths to witnesses. The hearing shall be
31    conducted at a  place  designated   by  the  Department.  The
32    procedures  governing  hearings  and  the  issuance  of final
                            -6-                LRB9001568DPcc
 1    orders under this Act  shall  be  in  accordance  with  rules
 2    adopted by the Department.
 3        (b)  All  subpoenas  issued  by  the  Director or hearing
 4    officer may be served as provided for in civil  actions.  The
 5    fees of witnesses for attendance and travel shall be the same
 6    as  the fees for witnesses before the circuit court and shall
 7    be  paid by the party to the proceedings at whose request the
 8    subpoena is issued. If a subpoena is issued at the request of
 9    the  Department,  the  witness  fee  shall  be  paid  as   an
10    administrative expense.
11        (c)  In  a  case  of  refusal  of  a  witness  to attend,
12    testify, or  produce books or papers  concerning  any  matter
13    upon   which   he  or  she  might  be  lawfully examined, the
14    circuit court of the county in which  the  hearing  is  held,
15    upon   application  of  any  party  to  the  proceeding,  may
16    compel obedience through contempt proceedings.
17        Section   50.  Findings  of  fact;  conclusions  of  law;
18    decision. The Director or hearing officer shall make findings
19    of fact and   conclusions   of  law  in  a  hearing  and  the
20    Director  shall  render  his  or her decision, or the hearing
21    officer his or her proposal for  decision,   within  45  days
22    after  the  termination of the hearing unless additional time
23    is required by him or her for a  proper  disposition  of  the
24    matter. A copy of the final decision of the Director shall be
25    served  upon  the  applicant  or  licensee  in  person  or by
26    certified mail.
27        Section 55. Surrender  of license. Upon the revocation of
28    a license, a licensee shall surrender his or her  license  to
29    the  Department, and upon his or her failure or refusal to do
30    so, the Department shall have the right to seize the license.
31        Section 60. Administrative Review Law; venue; costs.  All
                            -7-                LRB9001568DPcc
 1    final  administrative  decisions of the Department under this
 2    Act shall be subject to judicial review under the  provisions
 3    of  Article  III  of  the  Code  of Civil Procedure. The term
 4    "administrative decision" is defined as under  Section  3-101
 5    of  the  Code  of  Civil  Procedure. Proceedings for judicial
 6    review shall be commenced in the circuit court of the  county
 7    in which the party applying for review resides, provided that
 8    if the party is not a resident of this State, the venue shall
 9    be   in  Sangamon  County.  The  Department  shall   not   be
10    required   to   certify  a  record   or  file  an  answer  or
11    otherwise  appear in a proceeding for judicial  review unless
12    the party filing the complaint deposits with the clerk of the
13    court  the  sum  of  95¢  per  page  representing  costs   of
14    certification of the record or file. Failure on the  part  of
15    the   plaintiff   to   make  the deposit shall be grounds for
16    dismissal of the action.
17        Section 65. Illinois Administrative  Procedure  Act.  The
18    provisions  of  the Illinois Administrative Procedure Act are
19    hereby   expressly   adopted   and   shall   apply   to   all
20    administrative rules and procedures of the  Department  under
21    this  Act,  except that in the case of a conflict between the
22    Illinois Administrative  Procedure   Act  and  this  Act  the
23    provisions of this Act shall control, and except that Section
24    5   of  the Illinois Administrative Procedure Act relating to
25    procedures for rulemaking does not apply to the  adoption  of
26    any rules required by federal law in  connection  with  which
27    the  Department  is  precluded  by  law  from  exercising any
28    discretion.
29        Section  70.  Penalties;  fines.  The  Department   shall
30    establish  and  assess  penalties or fines against a licensee
31    for violations of this Act or  its  rules.  No  penalties  or
32    fines shall exceed $1,000 per day for each day  the  licensee
                            -8-                LRB9001568DPcc
 1    remains in violation.
 2        Section 75. Public nuisance.
 3        (a)  An   enterprise   operating  without  a  license  or
 4    operating on a revoked or expired license  commits  a  public
 5    nuisance.
 6        (b)  An  owner  of  an  enterprise  who  is  convicted of
 7    knowingly maintaining a public nuisance  under  this  Act  is
 8    guilty  of a Class A misdemeanor for the first offense and is
 9    guilty of a  Class  4  felony  for  a  second  or  subsequent
10    offense.
11        (c)  The  Attorney  General  of this State or the State's
12    Attorney of the county in which the  public  nuisance  exists
13    may  commence  an action to abate the nuisance. The court may
14    without notice or bond enter a temporary restraining order or
15    a  preliminary  injunction  to  enjoin  the  defendant   from
16    operating in violation of this Act.
17        Section 80. Deposit of moneys. There is hereby created in
18    the  State  Treasury a special fund to be known as the Health
19    Care Appointment Transportation  Fund.  All  fees  and  fines
20    collected by the Department under this Act shall be deposited
21    into  the Fund. Pursuant to appropriation, the Department may
22    use moneys deposited into the Fund to administer and  enforce
23    this Act.
24        Section  85.  The  State Finance Act is amended by adding
25    Section 5.449 as follows:
26        (30 ILCS 105/5.449 new)
27        Sec. 5.449. The Health  Care  Appointment  Transportation
28    Fund.

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