Bill Title: Amends the Life Care Facilities Act. Requires the Department of Public Health to adopt rules meeting specified requirements for providers of at-home continuing care. Tasks the Department with issuing preliminary certificates of registration, certificates of registration, and renewal certificates of registration to providers of at-home continuing care. Requires providers to renew their registrations every 2 years. Allows the Department to deny, suspend, or revoke a preliminary, initial, or renewal certificate of registration for cause. Contains other provisions.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0332
[HB3060 Detail]Download: Illinois-2023-HB3060-Chaptered.html
|
| Public Act 103-0332
|
| HB3060 Enrolled | LRB103 27769 CPF 54147 b |
|
|
AN ACT concerning regulation.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Life Care Facilities Act is amended by |
adding Section 10.3 as follows:
|
(210 ILCS 40/10.3 new) |
Sec. 10.3. Provision of at-home continuing care. |
(a) The Department shall adopt rules that: |
(1) establish standards for providers of at-home |
continuing care; |
(2) provide for the certification and registration of |
providers of at-home continuing care and the annual |
renewal of certificates of registration; |
(3) provide for and encourage the establishment of |
at-home continuing care programs; |
(4) set minimum requirements for any individual who is |
employed by or under contract with a provider of at-home |
continuing care and who will enter a provider of at-home |
continuing care's subscriber's home to provide at-home |
continuing care services, including requirements for |
criminal background checks of such an individual who will |
have routine, direct access to a subscriber; |
(5) establish standards for the renewal of |
|
certificates of registration for providers of at-home |
continuing care; |
(6) establish standards for the number of executed |
agreements necessary to begin operation as a provider of |
at-home continuing care; |
(7) establish standards for when and how a provider of |
at-home continuing care or a subscriber may rescind an |
at-home continuing care agreement before at-home |
continuing care services are provided to the subscriber; |
(8) allow a subscriber to rescind an agreement for |
at-home continuing care services at any time if the terms |
of the agreement violate this Section; |
(9) establish that a provider may terminate an |
agreement to provide at-home continuing care services or |
discharge a subscriber only for just cause; and |
(10) establish procedures to carry out a termination |
or discharge under paragraph (9). |
(b) The Department shall certify and register a person as |
a provider of at-home continuing care services under this |
Section if the Department determines that: |
(1) a reasonable financial plan has been developed to |
provide at-home continuing care services, including a plan |
for the number of agreements to be executed before |
beginning operation; |
(2) a market for the at-home continuing care program |
exists; |
|
(3) the provider has submitted all proposed |
advertisements, advertising campaigns, and other |
promotional materials for the program; |
(4) the form and substance of all advertisements, |
advertising campaigns, and other promotional materials |
submitted are not deceptive, misleading, or likely to |
mislead; and |
(5) an actuarial forecast supports the market for the |
program. |
(c) A provider may not enter into an agreement to provide |
at-home continuing care services until the Department issues a |
preliminary certificate of registration to the provider. An |
application for a preliminary certificate of registration |
shall: |
(1) be filed in a form determined by the Department by |
rule; and |
(2) include: |
(A) a copy of the proposed at-home continuing care |
agreement; and |
(B) the form and substance of any proposed |
advertisements, advertising campaigns, or other |
promotional materials for the program that is |
available at the time of filing the application and |
that has not been filed previously with the |
Department. |
(d) The Department shall issue a preliminary certificate |
|
of registration to a provider under subsection (c) if the |
Department determines that: |
(1) the proposed at-home continuing care agreement is |
satisfactory; |
(2) the provider has submitted all proposed |
advertisements, advertising campaigns, and other |
promotional materials for the program; and |
(3) the form and substance of all advertisements, |
advertising campaigns, and other promotional materials |
submitted are not deceptive, misleading, or likely to |
mislead. |
(e) A person may not provide at-home continuing care |
services until the Department issues a certificate of |
registration to the person. An application for a certificate |
of registration shall: |
(1) be filed in a form determined by the Department by |
rule; and |
(2) include: |
(A) verification that the required number of |
agreements has been executed; |
(B) the form and substance of any proposed |
advertisements, advertising campaigns, or other |
promotional materials for the program that are |
available at the time of filing and that have not been |
filed previously with the Department; and |
(C) verification that any other license or |
|
certificate required by other appropriate State units |
has been issued to the provider. |
(f) The Department shall issue a certificate of |
registration to a provider under subsection (e) if the |
Department determines that: |
(1) the information and documents submitted and |
application for a preliminary certificate of registration |
are current and accurate or have been updated to make them |
accurate; |
(2) the required agreements have been executed; |
(3) any other license or certificate required by other |
appropriate State units has been issued to the provider; |
(4) the provider has submitted all proposed |
advertisements, advertising campaigns, and other |
promotional materials for the program; and |
(5) the material submitted is not an advertisement, |
advertising campaign, or other promotional material that |
is deceptive, misleading, or likely to mislead. |
If a provider intends to advertise before the Department |
issues a certificate of registration, the provider shall |
submit to the Department any advertisement, advertising |
campaign, or other promotional materials before using it. |
(g) Every 2 years, within 120 days after the end of a |
provider's fiscal year, a provider shall file an application |
for a renewal certificate of registration with the Department. |
The application shall: |
|
(A) be filed in a form determined by the |
Department by rule; and |
(B) contain any reasonable and pertinent |
information that the Department requires. |
(h) The Department shall issue a renewal certificate of |
registration under subsection (g) if the Department determines |
that: |
(1) all required documents have been filed and are |
satisfactory; |
(2) any revised agreements for at-home continuing care |
services meet the Department's requirements; |
(3) the provider has submitted all proposed |
advertisements, advertising campaigns, and other |
promotional materials for the program; and |
(4) the form and substance of all advertisements, |
advertising campaigns, and other promotional materials |
submitted are not deceptive, misleading, or likely to |
mislead. |
(i) The Department may deny, suspend, or revoke a |
preliminary, initial, or renewal certificate of registration |
under this Section for cause. The Department shall set forth |
in writing its reasons for a denial, suspension, or |
revocation. A provider may appeal a denial in writing. Grounds |
for a denial, suspension, or revocation include, but are not |
limited to: |
(1) violation of this Section; |
|
(2) violation of a rule adopted by the Department |
under this Section; |
(3) misrepresentation; or |
(4) submission of false information.
|
