Bill Text: IL HB3060 | 2023-2024 | 103rd General Assembly | Chaptered
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
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Public Act 103-0332 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Life Care Facilities Act is amended by | ||||
adding Section 10.3 as follows:
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(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.
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