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90_HB0522
New Act
5 ILCS 80/4.18 new
Creates the Home Medical Equipment and Services Provider
License Act to regulate the provision of home medical
equipment and services through licensure requirements. Sets
forth criminal and civil penalties. Amends the Regulatory
Agency Sunset Act to repeal the Home Medical Equipment and
Services Provider License Act on January 1, 2008. Effective
immediately.
LRB9000457DPccA
LRB9000457DPccA
1 AN ACT creating the Home Medical Equipment and Services
2 Provider License Act and 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 Home Medical Equipment and Services Provider License Act.
7 Section 5. Declaration of legislative findings. The
8 General Assembly finds that home medical equipment and
9 services providers in the State of Illinois affect the
10 public health, welfare, and safety, and therefore finds the
11 regulation and control of those providers to be in the
12 public interest. It is further declared that, as a matter of
13 public policy, home medical equipment and services providers
14 should merit the confidence of the public and, to this end,
15 that only qualified entities be permitted to hold themselves
16 out to the public as home medical equipment and services
17 providers. This Act shall be liberally construed to best
18 carry out these findings.
19 Section 10. Definitions. As used in this Act:
20 (1) "Department" means the Department of
21 Professional Regulation.
22 (2) "Director" means the Director of Professional
23 Regulation.
24 (3) "Board" means the Home Medical Equipment and
25 Services Board.
26 (4) "Home medical equipment and services provider"
27 or "provider" means a legal entity, as defined by State
28 law, engaged in the business of providing home medical
29 equipment and services, whether directly or through a
30 contractual arrangement, to an unrelated sick or
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1 disabled individual where that individual resides.
2 (5) "Home medical equipment and services" means the
3 delivery, installation, maintenance, replacement, or
4 instruction in the use of medical equipment used by a
5 sick or disabled individual to allow the individual to be
6 maintained in his or her residence.
7 (6) "Home medical equipment" means technologically
8 sophisticated medical devices usable in a home care
9 setting, including but not limited to:
10 (A) a device, apparatus, machine, or other
11 similar article bearing a label that states:
12 "Caution: federal law requires dispensing by or on
13 the order of a physician.";
14 (B) oxygen and oxygen delivery systems;
15 (C) ventilators;
16 (D) respiratory disease management devices,
17 excluding compressor driven nebulizers;
18 (E) electronic and computer-driven
19 wheelchairs;
20 (F) wheelchair seating systems;
21 (G) apnea monitors;
22 (H) transcutaneous electrical nerve stimulator
23 (TENS) units;
24 (I) low air-loss cutaneous pressure management
25 devices;
26 (J) sequential compression devices;
27 (K) neonatal home phototherapy devices;
28 (L) enteral feeding pumps;
29 (M) hospital beds; and
30 (N) other similar equipment as defined by the
31 Board.
32 "Home medical equipment" does not mean items
33 typically sold on a non-prescription basis, including but
34 not limited to upper and lower extremity prosthetics and
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1 related orthotics, canes, crutches, walkers, bathtub
2 safety aids, bandages, wraps, and other disposable items.
3 Section 15. Licensure requirement; exempt activities.
4 (a) Beginning January 1, 1998, no entity shall provide
5 home medical equipment and services, or use the title "home
6 medical equipment and services provider" in connection with
7 his or her profession or business, without a license issued
8 by the Department under this Act.
9 (b) Nothing in this Act shall be construed as preventing
10 or restricting the practices, services, or activities of the
11 following, unless those practices, services, or activities
12 include providing home medical equipment and services through
13 a separate legal entity:
14 (1) a person licensed or registered in this State
15 by any other law engaging in the profession or occupation
16 for which he or she is licensed or registered;
17 (2) home health agencies that do not have a Part B
18 Medicare supplier number or that do not engage in the
19 provision of home medical equipment and services;
20 (3) hospitals, excluding hospital-owned and
21 hospital-related providers of home medical equipment and
22 services;
23 (4) manufacturers and wholesale distributors of
24 home medical equipment who do not sell directly to a
25 patient;
26 (5) health care practitioners who lawfully
27 prescribe or order home medical equipment and services,
28 or who use home medical equipment and services to treat
29 their patients, including but not limited to physicians,
30 nurses, physical therapists, respiratory therapists,
31 occupational therapists, speech-language pathologists,
32 optometrists, chiropractors, and podiatrists;
33 (6) pharmacists, pharmacies, and home infusion
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1 pharmacies that are not engaged in the sale or rental of
2 home medical equipment and services;
3 (7) hospice programs that do not involve the sale
4 or rental of home medical equipment and services;
5 (8) nursing homes;
6 (9) veterinarians;
7 (10) dentists; and
8 (11) emergency medical service providers.
9 Section 20. Powers and duties of the Department.
10 (a) The Department shall exercise the powers and duties
11 prescribed by the Civil Administrative Code of Illinois for
12 the administration of licensure Acts and shall exercise other
13 powers and duties necessary for effectuating the purposes of
14 this Act.
15 (b) The Department may adopt rules to administer and
16 enforce this Act, including but not limited to fees for
17 original licensure and renewal and restoration of licenses,
18 and may prescribe forms to be issued to implement this Act.
19 At a minimum, the rules adopted by the Department shall
20 include standards and criteria for licensure and for
21 professional conduct and discipline. The Department shall
22 consult with the Board in adopting rules. Notice of proposed
23 rulemaking shall be transmitted to the Board, and the
24 Department shall review the Board's response and any
25 recommendations made in the response. The Department shall
26 notify the Board in writing with proper explanation of
27 deviations from the Board's recommendations and response.
28 (c) The Department may at any time seek the advice and
29 expert knowledge of the Board on any matter relating to the
30 administration of this Act.
31 (d) The Department shall issue a quarterly report to the
32 Board of the status of all complaints related to the
33 profession and filed with the Department.
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1 Section 25. Home Medical Equipment and Services Board.
2 The Director shall appoint a Home Medical Equipment and
3 Services Board, in consultation with a state association
4 representing the home medical equipment and services
5 industry, to serve in an advisory capacity to the Director.
6 The Board shall consist of 7 members. Four members shall be
7 home medical equipment and services provider
8 representatives, 2 of whom represent businesses grossing less
9 than $500,000 per year in revenues, 2 of whom represent
10 businesses grossing $500,000 or more per year in revenues,
11 and at least one of whom shall also be a pharmacy-based
12 provider. The 3 remaining members shall include one home care
13 clinical specialist, one respiratory care practitioner, and
14 one consumer of home medical equipment and services.
15 Members shall serve 4 year terms and until their
16 successors are appointed and qualified, except that of the
17 initial appointments, the consumer member shall be appointed
18 to serve for one year, 2 members shall be appointed to serve
19 for 2 years, 3 members shall be appointed to serve for 3
20 years, and one member who is a home medical equipment and
21 services provider representative shall be appointed to serve
22 for 4 years, and until their successors are appointed and
23 qualified. No member shall be reappointed to the Board for a
24 term that would cause continuous service on the Board to
25 exceed 8 years. Appointments to fill vacancies shall be made
26 in the same manner as original appointments, for the
27 unexpired portion of the vacated term. Initial terms shall
28 begin on the effective date of this Act.
29 The home medical equipment and services provider
30 representatives appointed to the Board shall have engaged in
31 the provision of home medical equipment and services or
32 related home care services for at least 3 years prior to
33 their appointment, shall be currently engaged in providing
34 home medical equipment and services in the State of Illinois,
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1 and must have no record of convictions related to fraud or
2 abuse under either State or federal law.
3 The membership of the Board should reasonably reflect
4 representation from the geographic areas in this State.
5 The Board shall annually elect one of its members as
6 chairperson.
7 Members of the Board shall receive as compensation a
8 reasonable sum as determined by the Director for each day
9 actually engaged in the duties of the office, and shall be
10 reimbursed for reasonable expenses incurred in performing the
11 duties of the office.
12 The Board shall present an annual report to the Director,
13 the content of which shall be set forth by rule of the
14 Department.
15 The Director may terminate the appointment of any member
16 for cause which in the opinion of the Director reasonably
17 justifies the termination.
18 Through consultation with members of a state association
19 for the home medical equipment and services industry, the
20 Board may recommend to the Department rules that specify the
21 medical equipment to be included under this Act, that set
22 standards for the licensure, professional conduct, and
23 discipline of entities that provide home medical equipment
24 and services, and that govern the safety and quality of home
25 medical equipment and services. The Director shall consider
26 the recommendations of the Board.
27 Section 30. Application for original licensure.
28 Applications for original licensure shall be made to the
29 Department in writing and signed by the applicant on forms
30 prescribed by the Department and shall be accompanied by a
31 nonrefundable fee set by rule of the Department. The
32 Department may require from an applicant information that, in
33 its judgment, will enable the Department to pass on the
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1 qualifications of the applicant for licensure.
2 An applicant has 3 years from the date of application to
3 complete the application process. If the process has not
4 been completed in 3 years, the application shall be denied,
5 the fee shall be forfeited, and the applicant must reapply
6 and meet the requirements in effect at the time of
7 reapplication.
8 Section 35. Qualifications for licensure.
9 (a) An entity is qualified to receive a license as a
10 home medical equipment and services provider if the entity
11 meets each of the following requirements:
12 (1) complies with all applicable federal and State
13 licensure and regulatory requirements;
14 (2) maintains a physical facility and medical
15 equipment inventory. There shall only be one license
16 permitted at each address;
17 (3) establishes proof of commercial general
18 liability insurance, including but not limited to
19 coverage for products liability and professional
20 liability;
21 (4) establishes and provides records of annual
22 continuing education for personnel engaged in the
23 delivery, maintenance, repair, cleaning, inventory
24 control, and financial management of home medical
25 equipment and services;
26 (5) maintains records on all patients to whom it
27 provides home medical equipment and services;
28 (6) establishes equipment management and personnel
29 policies;
30 (7) makes life sustaining home medical equipment
31 and services available 24 hours per day and 7 days per
32 week;
33 (8) complies with any additional qualifications for
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1 licensure as determined by rule of the Department.
2 (b) Notwithstanding the requirements of subsection (a),
3 an applicant may qualify for licensure by submitting
4 documents evidencing accreditation through a recognized
5 national accrediting body based on home care standards. The
6 Board shall issue a license upon receipt of a copy of a valid
7 accreditation letter from a recognized national accrediting
8 body.
9 (c) The Department may request a personal interview of
10 an applicant before the Board to further evaluate the
11 entity's qualifications for licensure.
12 Section 40. Issuance of license. The Department shall
13 issue a license to an applicant who has met the requirements
14 of Section 35 and has paid the required application fee.
15 Section 45. Display of license; advertising; penalties.
16 (a) An entity that advertises home medical equipment and
17 services shall, at its place of business, display the license
18 of the entity. The number of the license so displayed shall
19 also be included with the entity's identification on vehicles
20 used for licensed activities.
21 (b) No entity that provides home medical equipment
22 services may advertise the equipment and services unless that
23 entity includes in the advertisement the license number that
24 is required to be displayed under subsection (a). Nothing
25 contained in this subsection requires the publisher of
26 advertising for home medical equipment and services to
27 investigate or verify the accuracy of the license number
28 provided by the advertiser.
29 (c) An entity that advertises home medical equipment and
30 services and that (i) fails to display the license number as
31 required by subsection (a), (ii) fails to provide a publisher
32 with the correct license number under subsection (b), or
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1 (iii) provides a publisher with a false license number or a
2 license number of an entity other than the entity designated
3 under subsection (a), or any entity that allows its license
4 number to be displayed or used in order to allow another
5 entity to circumvent any provisions of this Section, is
6 guilty of a Class A misdemeanor with a fine of $1,000. Each
7 day that an entity fails to display the required license
8 under subsection (a), each day that an advertisement runs, or
9 each day that an entity allows its license to be displayed or
10 used in violation of this Section constitutes a separate
11 offense. In addition to, and not in lieu of, the penalties
12 and remedies provided for in this Section, an entity licensed
13 under this Act who violates a provision of this Section shall
14 be subject to the administrative enforcement provisions of
15 this Act.
16 Section 50. License expiration; renewal. The expiration
17 date, renewal period, renewal fees, and procedures for
18 renewal of licenses issued under this Act shall be set by
19 rule of the Department. An entity may renew its license by
20 paying the required fee and by meeting the renewal
21 requirements adopted by the Department under this Section.
22 Section 55. Restoration of expired or inactive license. A
23 home medical equipment and services provider that has
24 permitted its license to expire or that has had the license
25 on inactive status may have the license restored at any time
26 within 5 years of its expiration or placement on inactive
27 status by paying the required restoration fee.
28 A home medical equipment and services provider whose
29 license has been expired for more than 5 years or has been on
30 inactive status for more than 5 years may have the license
31 restored by making application to the Department and filing
32 proof acceptable to the Department of fitness to have the
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1 license restored, including sworn evidence certifying to
2 active practice in another jurisdiction satisfactory to the
3 Department and by paying the required restoration fee. If
4 the home medical equipment and services provider has not
5 maintained an active practice in another jurisdiction
6 satisfactory to the Department, the Department shall
7 determine the entity's fitness to resume active status
8 through an evaluation program established by rule of the
9 Department with the advice of the Board.
10 Section 60. Endorsement. The Department may, at its
11 discretion, license as a home medical equipment and services
12 provider, on payment of the required fee, an applicant who is
13 a home medical equipment and services provider registered or
14 licensed under the laws of another state, territory, or
15 country if the requirements pertaining to home medical
16 equipment and services providers in that state, territory, or
17 country were, on the date of the registration or licensure,
18 substantially equal to the requirements in force in Illinois
19 on that date.
20 Applicants have 3 years from the date of application to
21 complete the application process. If the process has not been
22 completed in 3 years, the application shall be denied, the
23 fee shall be forfeited, and the applicant must reapply and
24 meet the requirements in effect at the time of reapplication.
25 Section 65. Fees; returned checks. An entity who delivers
26 a check or other payment to the Department that is returned
27 to the Department unpaid by the financial institution upon
28 which it is drawn shall pay to the Department, in addition to
29 the amount already owed to the Department, a fine of $50. If
30 the check or other payment was for a renewal or issuance fee
31 and that entity operates without paying the renewal or
32 issuance fee and the fine due, an additional fine of $100
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1 shall be imposed. The fines imposed by this Section are in
2 addition to any other discipline provided under this Act for
3 unlicensed practice or practice on a nonrenewed license. The
4 Department shall notify the entity that fees and fines shall
5 be paid to the Department by certified check or money order
6 within 30 calendar days of the notification. If, after the
7 expiration of 30 days from the date of the notification, the
8 entity has failed to submit the necessary remittance, the
9 Department shall automatically terminate the license or deny
10 the application without a hearing. If the entity seeks a
11 license after termination or denial, the entity shall apply
12 to the Department for restoration or issuance of the license
13 and pay all fees and fines owed to the Department. The
14 Department may establish a fee for the processing of an
15 application for restoration of a license to pay all expenses
16 of processing that application. The Director may waive the
17 fines due under this Section in individual cases where the
18 Director finds that the fines would be unreasonable or
19 unnecessarily burdensome.
20 Section 70. Roster of licensees. The Department shall
21 maintain a roster of the names and addresses of all licensees
22 and of all entities whose license has been suspended or
23 revoked within the previous year. This roster shall be
24 available upon written request and payment of the required
25 fee.
26 Section 75. Refused issuance, suspension, or revocation
27 of license. The Department may refuse to issue, renew, or
28 restore a license, or may revoke, suspend, place on
29 probation, reprimand, impose a fine not to exceed $500 for
30 each violation, or take other disciplinary action as the
31 Department may deem proper with regard to a licensee for any
32 one or combination of the following reasons:
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1 (1) Making a material misstatement in furnishing
2 information to the Department.
3 (2) Negligent or intentional disregard of this Act
4 or its rules.
5 (3) Conviction of a crime under the laws of the
6 United States or any state or territory thereof that is a
7 felony or a misdemeanor, an essential element of which is
8 dishonesty, or conviction of a crime that is directly
9 related to the provision of home medical equipment and
10 services.
11 (4) Making a misrepresentation to obtain licensure
12 or to violate a provision of this Act.
13 (5) Professional incompetence.
14 (6) Malpractice.
15 (7) Aiding, assisting, or willingly permitting
16 another person in violating any provision of this Act or
17 its rules.
18 (8) Failing, within 60 days, to provide information
19 in response to a written request made by the Department.
20 (9) Engaging in dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud, or harm the public.
23 (10) Discipline by another state, District of
24 Columbia, territory, or foreign nation, if at least one
25 of the grounds for the discipline is the same or
26 substantially equivalent to one set forth in this Act.
27 (11) Directly or indirectly giving to or receiving
28 from any person, firm, corporation, partnership, or
29 association any fee, commission, rebate, or other form of
30 compensation for any services not actually or personally
31 rendered.
32 (12) A finding that the licensee, after having its
33 license placed on probationary status, has violated the
34 terms of probation.
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1 (13) Willfully making or filing false records or
2 reports in the course of providing home medical equipment
3 and services, including but not limited to false records
4 or reports filed with State agencies or departments.
5 (14) Solicitation of business services, other than
6 according to permitted advertising.
7 (15) The use of any words, abbreviations, figures,
8 or letters with the intention of indicating practice as a
9 home medical equipment and services provider without a
10 license issued under this Act.
11 (16) Failure to file a return, or to pay the tax,
12 penalty, or interest shown in a filed return, or to pay
13 any final assessment of tax, penalty, or interest, as
14 required by any tax Act administered by the Department
15 of Revenue, until such time as the requirements of any
16 such tax Act are satisfied.
17 Section 80. Cease and desist order.
18 (a) If any entity violates a provision of this Act, the
19 Director may, in the name of the People of the State of
20 Illinois, through the Attorney General of the State of
21 Illinois, petition for an order enjoining the violation or
22 for an order enforcing compliance with this Act. Upon the
23 filing of a verified petition in court, the court may issue a
24 temporary restraining order, without notice or bond, and may
25 preliminarily and permanently enjoin the violation, and if it
26 is established that the entity has violated or is violating
27 the injunction, the court may punish the offender for
28 contempt of court. Proceedings under this Section shall be
29 in addition to, and not in lieu of, all other remedies and
30 penalties provided by this Act.
31 (b) If an entity holds itself out as a provider of home
32 medical equipment and services without a license issued under
33 this Act, an interested party or any person injured thereby,
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1 in addition to the Director, may petition for relief as
2 provided in subsection (a) of this Section.
3 (c) Whenever in the opinion of the Department an entity
4 violates a provision of this Act, the Department may issue a
5 rule to show cause why an order to cease and desist should
6 not be entered against the entity. The rule shall clearly
7 set forth the grounds relied upon by the Department and shall
8 provide a period of 7 days from the date of the rule to file
9 an answer to the satisfaction of the Department. Failure to
10 answer to the satisfaction of the Department shall cause an
11 order to cease and desist to be issued immediately.
12 Section 85. Unlicensed practice; civil penalty.
13 (a) An entity who practices, offers to practice, attempts
14 to practice, or holds itself out to practice as a home
15 medical equipment and services provider without being
16 licensed under this Act shall, in addition to any other
17 penalty provided by law, pay a civil penalty to the
18 Department in an amount not to exceed $5,000 for each offense
19 as determined by the Department. The civil penalty shall be
20 assessed by the Department after a hearing is held in
21 accordance with the provisions set forth in this Act
22 regarding the provision of a hearing for the discipline of a
23 licensee. The civil penalty shall be paid within 60 days
24 after the effective date of the order imposing the civil
25 penalty. The order shall constitute a judgment and may be
26 filed and executed in the same manner as any judgment from
27 any court of record.
28 (b) The Department may investigate any unlicensed
29 activity.
30 Section 90. Mandatory inspections. The Department shall
31 inspect licensees at least once every 3 years for compliance
32 with the requirements of this Act unless the licensee can
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1 demonstrate proof of renewal of accreditation with a
2 recognized national accrediting body. The Department shall
3 conduct random inspections upon renewal of a license, for
4 cause or as necessary to assure the integrity and
5 effectiveness of the licensing process. Upon failure to pass
6 inspection, a provider's license shall be suspended or denied
7 as applicable, pending review by the Board. The Department
8 may authorize qualified individuals to conduct inspections.
9 The Department shall set by rule, and pay to an inspector, a
10 fee for each inspection. An entity that fails to pass an
11 inspection is subject to penalties under Section 80. Upon
12 notice of failure to pass an inspection, a provider shall
13 have 30 days to appeal the inspection results. On appeal, a
14 provider shall have the right to an inspection review or to a
15 new inspection in accordance with procedures adopted by the
16 Department.
17 Section 95. Investigations; notice and hearing.
18 (a) The Department may investigate the actions of an
19 applicant or of an entity holding or claiming to hold a
20 license.
21 (b) The Department shall, before refusing to issue or
22 renew a license or disciplining a licensee, at least 30 days
23 prior to the date set for the hearing, notify in writing the
24 applicant or licensee of the nature of the charges and that a
25 hearing will be held on the date designated. The Department
26 shall direct the applicant or licensee to file a written
27 answer to the Board under oath within 20 days after the
28 service of the notice and inform the applicant or licensee
29 that failure to file an answer will result in default being
30 taken against the applicant or licensee and that the license
31 may be suspended, revoked, placed on probationary status, or
32 other disciplinary action may be taken, including limiting
33 the scope, nature, or extent of business, as the Director may
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1 deem proper. Written notice may be served by personal
2 delivery or certified or registered mail to the respondent at
3 the address of the entity's last notification to the
4 Department. If the entity fails to file an answer after
5 receiving notice, the entity's license may, in the discretion
6 of the Department, be suspended, revoked, or placed on
7 probationary status, or the Department may take whatever
8 disciplinary action it deems proper, including limiting the
9 scope, nature, or extent of the entity's business, or
10 imposing a fine, without a hearing, if the act or acts
11 charged constitute sufficient grounds for such action under
12 this Act. At the time and place fixed in the notice, the
13 Board shall proceed to hear the charges, and the parties or
14 their counsel shall be accorded ample opportunity to present
15 such statements, testimony, evidence, and argument as may be
16 pertinent to the charges or to their defense. The Board may
17 continue a hearing from time to time.
18 Section 100. Stenographer; transcript. The Department at
19 its expense, shall preserve a record of all proceedings at
20 the formal hearing of any case involving the refusal to issue
21 or renew a license or the discipline of a licensee. The
22 notice of hearing, complaint, and all other documents in the
23 nature of pleadings, written motions filed in the
24 proceedings, the transcript of testimony, the report of the
25 Board, and the order of the Department shall be the record of
26 the proceeding.
27 Section 105. Compelling testimony. A circuit court may,
28 upon application of the Department or its designee or of the
29 applicant or licensee against whom proceedings under Section
30 95 are pending, enter an order requiring the attendance of
31 witnesses and their testimony and the production of
32 documents, papers, files, books, and records in connection
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1 with any hearing or investigation. The court may compel
2 obedience to its order by proceedings for contempt.
3 Section 110. Findings and recommendations. At the
4 conclusion of the hearing the Board shall present to the
5 Director a written report of its findings and
6 recommendations. The report shall contain a finding of
7 whether or not the accused entity violated this Act or failed
8 to comply with the conditions required in this Act. The
9 Board shall specify the nature of the violation or failure to
10 comply, and shall make its recommendations to the Director.
11 The report of findings and recommendations of the Board
12 shall be the basis for the Department's order of refusal or
13 for the granting of licensure unless the Director shall
14 determine that the Board's report is contrary to the manifest
15 weight of the evidence, in which case the Director may issue
16 an order in contravention of the Board's report. The finding
17 is not admissible in evidence against the entity in a
18 criminal prosecution brought for the violation of this Act,
19 but the hearing and finding are not a bar to a criminal
20 prosecution brought for the violation of this Act.
21 Section 115. Rehearing on motion. In a case involving the
22 refusal to issue or renew a license or the discipline of a
23 licensee, a copy of the Board's report shall be served upon
24 the respondent by the Department, either personally or as
25 provided in this Act for the service of the notice of
26 hearing. Within 20 days after such service, the respondent
27 may present to the Department a motion in writing for a
28 rehearing, which shall specify the particular grounds for the
29 rehearing. If no motion for rehearing is filed, then upon the
30 expiration of the time specified for filing the motion, or if
31 a motion for rehearing is denied, then upon such denial the
32 Director may enter an order in accordance with
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1 recommendations of the Board except as provided in Section
2 120 of this Act. If the respondent shall order from the
3 reporting service and pay for a transcript of the record with
4 the time for filing a motion for rehearing, the 20 day period
5 within which such a motion may be filed shall commence upon
6 the delivery of the transcript to the respondent.
7 Section 120. Rehearing on order of Director. Whenever the
8 Director is satisfied that substantial justice has not been
9 done in the revocation or suspension of a license or refusal
10 to issue or renew a license, the Director may order a
11 rehearing by the same or another Board.
12 Section 125. Hearing officer. The Director has the
13 authority to appoint an attorney duly licensed to practice
14 law in the State of Illinois to serve as the hearing officer
15 in an action for refusal to issue or renew a license, or for
16 the discipline of a licensee. The Director shall notify the
17 Board of an appointment. The hearing officer shall have full
18 authority to conduct the hearing. The hearing officer shall
19 report his or her findings and recommendations to the Board
20 and the Director. The Board shall have 60 days from receipt
21 of the report to review the report of the hearing officer and
22 present its findings of fact, conclusions of law and
23 recommendation to the Director. If the Board fails to
24 present its report within the 60 day period, the Director
25 shall issue an order based on the report of the hearing
26 officer. If the Director determines that the Board's report
27 is contrary to the manifest weight of the evidence, he or she
28 may issue an order in contravention of the Board's report.
29 Section 130. Order or certified copy. An order or a
30 certified copy of an order, over the seal of the Department
31 and purporting to be signed by the Director, shall be prima
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1 facie proof that:
2 (1) the signature is the genuine signature of the
3 Director;
4 (2) the Director is duly appointed and qualified;
5 and
6 (3) the Board and its members are qualified to act.
7 This proof may be rebutted.
8 Section 135. Restoration of license. At any time after
9 the suspension or revocation of a license, the Department may
10 restore the license to the accused entity upon the written
11 recommendation of the Board unless, after an investigation
12 and a hearing, the Board determines that restoration is not
13 in the public interest.
14 Section 140. Surrender of license. Upon the revocation
15 or suspension of a license, the licensee shall immediately
16 surrender the license to the Department, and if the entity
17 fails to do so, the Department shall have the right to seize
18 the license.
19 Section 145. Temporary suspension of a license. The
20 Director may temporarily suspend the license of a home
21 medical equipment and services provider without a hearing,
22 simultaneously with the institution of proceedings for a
23 hearing provided for in Section 95 of this Act, if the
24 Director finds that evidence in his or her possession
25 indicates that the home medical equipment and services
26 provider's continuation in business would constitute an
27 imminent danger to the public. If the Director temporarily
28 suspends the license of a home medical equipment and services
29 provider without a hearing, a hearing by the Board must be
30 held within 30 days of the suspension.
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1 Section 150. Administrative Review Law. All final
2 administrative decisions of the Department are subject to
3 judicial review pursuant to the provisions of the
4 Administrative Review Law, as now or hereafter amended, and
5 all rules adopted pursuant to that Law. The term
6 "administrative decision" is defined as in Section 3-101 of
7 the Code of Civil Procedure.
8 Proceedings for judicial review shall be commenced in the
9 circuit court of the county in which the party applying for
10 relief resides, but if the party is not a resident of this
11 State, the venue shall be in Sangamon County.
12 Section 155. Certification of record; costs. The
13 Department shall not be required to certify any record to a
14 court or file any answer in court or otherwise appear in a
15 court in a judicial review proceeding, unless there is filed
16 in the court, with the complaint, a receipt from the
17 Department acknowledging payment of the costs of furnishing
18 and certifying the record. Failure on the part of the
19 plaintiff to file a receipt in court shall be grounds for
20 dismissal of the action.
21 Section 160. Criminal penalties. An entity who is found
22 to have violated a provision of this Act is guilty of a Class
23 A misdemeanor. On conviction of a second or subsequent
24 offense, the violator shall be guilty of a Class 4 felony.
25 Section 165. Administrative Procedure Act. The Illinois
26 Administrative Procedure Act is hereby expressly adopted and
27 incorporated in this Act as if all of the provisions of that
28 Act were included in this Act, except that the provision of
29 subsection (d) of Section 10-65 of the Illinois
30 Administrative Procedure Act, which provides that at hearings
31 the license holder has the right to show compliance with all
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1 lawful requirements for retention, continuation, or renewal
2 of a license, is specifically excluded. For the purposes of
3 this Act, the notice required under Section 10-25 of the
4 Illinois Administrative Procedure Act is deemed sufficient
5 when mailed to the last known address of a party.
6 Section 170. Exclusive State regulation. It is declared
7 to be the public policy of this State, pursuant to paragraph
8 (h) of Section 6 of Article VII of the Illinois Constitution
9 of 1970, that any power or function set forth in this Act to
10 be exercised by the State is an exclusive State power or
11 function. Such power or function shall not be exercised
12 concurrently, whether directly or indirectly, by any unit of
13 local government, including home rule units, except as
14 otherwise provided in this Act.
15 Section 175. Entities currently operating. Entities
16 engaged in the business of providing home medical equipment
17 and services at least 3 months prior to the effective date of
18 this Act shall be issued a license valid for 2 years, upon
19 application and payment of the required fee, without the
20 necessity for a determination of compliance with the
21 requirements of subsection (a) of Section 40. During the
22 first year of licensure, such providers shall be subject to
23 random inspections for compliance with applicable standards,
24 unless such providers have a valid accreditation from a
25 recognized national accrediting body.
26 Section 180. Deposit of fees and fines; appropriations.
27 All of the fees and fines collected under this Act shall be
28 deposited into the General Professions Dedicated Fund, and
29 shall be used by the Department, as appropriated, for the
30 ordinary and contingent expenses of the Department.
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1 Section 300. The Regulatory Agency Sunset Act is amended
2 by adding Section 4.18 as follows:
3 (5 ILCS 80/4.18 new)
4 Sec. 4.18. Act repealed January 1, 2008. The following
5 Act is repealed January 1, 2008:
6 The Home Medical Equipment and Services Provider License
7 Act.
8 Section 999. Effective date. This Act takes effect upon
9 becoming law.