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90_HB0522enr
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
HB0522 Enrolled 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 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, apparatuses, machines, or
9 other similar articles bearing a label that states
10 "Caution: federal law requires dispensing by or on the
11 order of a physician.", which are usable in a home care
12 setting, including but not limited to:
13 (A) oxygen and oxygen delivery systems;
14 (B) ventilators;
15 (C) respiratory disease management devices,
16 excluding compressor driven nebulizers;
17 (D) wheelchair seating systems;
18 (E) apnea monitors;
19 (F) transcutaneous electrical nerve stimulator
20 (TENS) units;
21 (G) low air-loss cutaneous pressure management
22 devices;
23 (H) sequential compression devices;
24 (I) neonatal home phototherapy devices;
25 (J) enteral feeding pumps; and
26 (K) other similar equipment as defined by the
27 Board.
28 "Home medical equipment" also includes hospital beds and
29 electronic and computer-driven wheelchairs, excluding
30 scooters.
31 Section 15. Licensure requirement; exempt activities.
32 (a) No entity shall provide home medical equipment and
33 services, or use the title "home medical equipment and
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1 services provider" in connection with his or her profession
2 or business, without a license issued by the Department under
3 this Act.
4 (b) Nothing in this Act shall be construed as preventing
5 or restricting the practices, services, or activities of the
6 following, unless those practices, services, or activities
7 include providing home medical equipment and services through
8 a separate legal entity:
9 (1) a person licensed or registered in this State
10 by any other law engaging in the profession or occupation
11 for which he or she is licensed or registered;
12 (2) a home medical services provider entity that is
13 accredited under home care standards by a recognized
14 accrediting body;
15 (3) home health agencies that do not have a Part B
16 Medicare supplier number or that do not engage in the
17 provision of home medical equipment and services;
18 (4) hospitals, excluding hospital-owned and
19 hospital-related providers of home medical equipment and
20 services;
21 (5) manufacturers and wholesale distributors of
22 home medical equipment who do not sell directly to a
23 patient;
24 (6) health care practitioners who lawfully
25 prescribe or order home medical equipment and services,
26 or who use home medical equipment and services to treat
27 their patients, including but not limited to physicians,
28 nurses, physical therapists, respiratory therapists,
29 occupational therapists, speech-language pathologists,
30 optometrists, chiropractors, and podiatrists;
31 (7) pharmacists, pharmacies, and home infusion
32 pharmacies that are not engaged in the sale or rental of
33 home medical equipment and services;
34 (8) hospice programs that do not involve the sale
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1 or rental of home medical equipment and services;
2 (9) nursing homes;
3 (10) veterinarians;
4 (11) dentists; and
5 (12) emergency medical service providers.
6 Section 20. Powers and duties of the Department.
7 (a) The Department shall exercise the powers and duties
8 prescribed by the Civil Administrative Code of Illinois for
9 the administration of licensure Acts and shall exercise other
10 powers and duties necessary for effectuating the purposes of
11 this Act.
12 (b) The Department may adopt rules to administer and
13 enforce this Act, including but not limited to fees for
14 original licensure and renewal and restoration of licenses,
15 and may prescribe forms to be issued to implement this Act.
16 At a minimum, the rules adopted by the Department shall
17 include standards and criteria for licensure and for
18 professional conduct and discipline. The Department shall
19 consult with the Board in adopting rules. Notice of proposed
20 rulemaking shall be transmitted to the Board, and the
21 Department shall review the Board's response and any
22 recommendations made in the response. The Department shall
23 notify the Board in writing with proper explanation of
24 deviations from the Board's recommendations and response.
25 (c) The Department may at any time seek the advice and
26 expert knowledge of the Board on any matter relating to the
27 administration of this Act.
28 (d) The Department shall issue a quarterly report to the
29 Board of the status of all complaints related to the
30 profession and filed with the Department.
31 Section 25. Home Medical Equipment and Services Board.
32 The Director shall appoint a Home Medical Equipment and
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1 Services Board, in consultation with a state association
2 representing the home medical equipment and services
3 industry, to serve in an advisory capacity to the Director.
4 The Board shall consist of 7 members. Four members shall be
5 home medical equipment and services provider
6 representatives, 2 of whom represent businesses grossing less
7 than $500,000 per year in revenues, 2 of whom represent
8 businesses grossing $500,000 or more per year in revenues,
9 and at least one of whom shall also be a pharmacy-based
10 provider. The 3 remaining members shall include one home care
11 clinical specialist, one respiratory care practitioner, and
12 one consumer of home medical equipment and services.
13 Members shall serve 4 year terms and until their
14 successors are appointed and qualified, except that of the
15 initial appointments, the consumer member shall be appointed
16 to serve for one year, 2 members shall be appointed to serve
17 for 2 years, 3 members shall be appointed to serve for 3
18 years, and one member who is a home medical equipment and
19 services provider representative shall be appointed to serve
20 for 4 years, and until their successors are appointed and
21 qualified. No member shall be reappointed to the Board for a
22 term that would cause continuous service on the Board to
23 exceed 8 years. Appointments to fill vacancies shall be made
24 in the same manner as original appointments, for the
25 unexpired portion of the vacated term.
26 The home medical equipment and services provider
27 representatives appointed to the Board shall have engaged in
28 the provision of home medical equipment and services or
29 related home care services for at least 3 years prior to
30 their appointment, shall be currently engaged in providing
31 home medical equipment and services in the State of Illinois,
32 and must have no record of convictions related to fraud or
33 abuse under either State or federal law.
34 The membership of the Board should reasonably reflect
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1 representation from the geographic areas in this State.
2 The Board shall annually elect one of its members as
3 chairperson and vice chairperson.
4 Members of the Board shall receive as compensation a
5 reasonable sum as determined by the Director for each day
6 actually engaged in the duties of the office, and shall be
7 reimbursed for authorized expenses incurred in performing the
8 duties of the office.
9 The Director may terminate the appointment of any member
10 for cause which in the opinion of the Director reasonably
11 justifies the termination.
12 Through consultation with members of a state association
13 for the home medical equipment and services industry, the
14 Board may recommend to the Department rules that specify the
15 medical equipment to be included under this Act, that set
16 standards for the licensure, professional conduct, and
17 discipline of entities that provide home medical equipment
18 and services, and that govern the safety and quality of home
19 medical equipment and services. The Director shall consider
20 the recommendations of the Board.
21 Members of the Board shall be immune from suit in an
22 action based upon any disciplinary proceedings or other
23 activities performed in good faith as members of the Board.
24 A majority of Board members currently appointed shall
25 constitute a quorum. A vacancy in the membership of the Board
26 shall not impair the rights of a quorum to exercise the
27 rights and perform all of the duties of the Board.
28 Section 30. Application for original licensure.
29 Applications for original licensure shall be made to the
30 Department in writing and signed by the applicant on forms
31 prescribed by the Department and shall be accompanied by a
32 nonrefundable fee set by rule of the Department. The
33 Department may require from an applicant information that, in
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1 its judgment, will enable the Department to pass on the
2 qualifications of the applicant for licensure.
3 An applicant has 3 years from the date of application to
4 complete the application process. If the process has not
5 been completed in 3 years, the application shall be denied,
6 the fee shall be forfeited, and the applicant must reapply
7 and meet the requirements in effect at the time of
8 reapplication.
9 Section 35. Qualifications for licensure.
10 (a) An entity is qualified to receive a license as a
11 home medical equipment and services provider if the entity
12 meets each of the following requirements:
13 (1) complies with all applicable federal and State
14 licensure and regulatory requirements;
15 (2) maintains a physical facility and medical
16 equipment inventory. There shall only be one license
17 permitted at each address;
18 (3) establishes proof of commercial general
19 liability insurance, including but not limited to
20 coverage for products liability and professional
21 liability;
22 (4) establishes and provides records of annual
23 continuing education for personnel engaged in the
24 delivery, maintenance, repair, cleaning, inventory
25 control, and financial management of home medical
26 equipment and services;
27 (5) maintains records on all patients to whom it
28 provides home medical equipment and services;
29 (6) establishes equipment management and personnel
30 policies;
31 (7) makes life sustaining home medical equipment
32 and services available 24 hours per day and 7 days per
33 week;
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1 (8) complies with any additional qualifications for
2 licensure as determined by rule of the Department.
3 (b) The Department may request a personal interview of
4 an applicant before the Board to further evaluate the
5 entity's qualifications for licensure.
6 Section 40. Issuance of license. The Department shall
7 begin issuing licenses under this Act within 2 years after
8 the effective date of this Act. The Department shall issue a
9 license to an applicant who has met the requirements of
10 Section 35 and has paid the required application fee.
11 Section 45. Display of license; advertising; penalties.
12 (a) An entity that advertises home medical equipment and
13 services shall, at its place of business, display the license
14 of the entity.
15 (b) No entity that provides home medical equipment
16 services may advertise the equipment and services unless that
17 entity includes in the advertisement the statement "Licensed
18 in the State of Illinois".
19 Section 50. License expiration; renewal. The expiration
20 date, renewal period, renewal fees, and procedures for
21 renewal of licenses issued under this Act shall be set by
22 rule of the Department. An entity may renew its license by
23 paying the required fee and by meeting the renewal
24 requirements adopted by the Department under this Section.
25 Section 55. Restoration of expired license. A home
26 medical equipment and services provider whose license has
27 expired may have the license restored by making application
28 to the Department, by paying the required fees, and by filing
29 proof acceptable to the Department of fitness to have the
30 license restored as established by rule.
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1 Section 65. Fees; returned checks. An entity who delivers
2 a check or other payment to the Department that is returned
3 to the Department unpaid by the financial institution upon
4 which it is drawn shall pay to the Department, in addition to
5 the amount already owed to the Department, a fine of $50. If
6 the check or other payment was for a renewal or issuance fee
7 and that entity operates without paying the renewal or
8 issuance fee and the fine due, an additional fine of $100
9 shall be imposed. The fines imposed by this Section are in
10 addition to any other discipline provided under this Act for
11 unlicensed practice or practice on a nonrenewed license. The
12 Department shall notify the entity that fees and fines shall
13 be paid to the Department by certified check or money order
14 within 30 calendar days of the notification. If, after the
15 expiration of 30 days from the date of the notification, the
16 entity has failed to submit the necessary remittance, the
17 Department shall automatically terminate the license or deny
18 the application without a hearing. If the entity seeks a
19 license after termination or denial, the entity shall apply
20 to the Department for restoration or issuance of the license
21 and pay all fees and fines owed to the Department. The
22 Department may establish a fee for the processing of an
23 application for restoration of a license to pay all expenses
24 of processing that application. The Director may waive the
25 fines due under this Section in individual cases where the
26 Director finds that the fines would be unreasonable or
27 unnecessarily burdensome.
28 Section 70. Roster of licensees. The Department shall
29 maintain a roster of the names and addresses of all licensees
30 and of all entities whose license has been suspended or
31 revoked within the previous year. This roster shall be
32 available upon written request and payment of the required
33 fee.
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1 Section 75. Refused issuance, suspension, or revocation
2 of license. The Department may refuse to issue, renew, or
3 restore a license, or may revoke, suspend, place on
4 probation, reprimand, impose a fine not to exceed $1,000 for
5 each violation, or take other disciplinary action as the
6 Department may deem proper with regard to a licensee for any
7 one or combination of the following reasons:
8 (1) Making a material misstatement in furnishing
9 information to the Department.
10 (2) Negligent or intentional disregard of this Act
11 or its rules.
12 (3) Conviction of a crime under the laws of the
13 United States or any state or territory thereof that is a
14 felony or a misdemeanor, an essential element of which is
15 dishonesty, or conviction of a crime that is directly
16 related to the provision of home medical equipment and
17 services.
18 (4) Making a misrepresentation to obtain licensure
19 or to violate a provision of this Act.
20 (5) Gross negligence in practice under this Act.
21 (6) Engaging in a pattern of practice or other
22 behavior that demonstrates incapacity or incompetence to
23 practice under this Act.
24 (7) Aiding, assisting, or willingly permitting
25 another person in violating any provision of this Act or
26 its rules.
27 (8) Failing, within 60 days, to provide information
28 in response to a written request made by the Department.
29 (9) Engaging in dishonorable, unethical, or
30 unprofessional conduct of a character likely to deceive,
31 defraud, or harm the public.
32 (10) Discipline by another state, District of
33 Columbia, territory, or foreign nation, if at least one
34 of the grounds for the discipline is the same or
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1 substantially equivalent to one set forth in this Act.
2 (11) Directly or indirectly giving to or receiving
3 from any person, firm, corporation, partnership, or
4 association any fee, commission, rebate, or other form of
5 compensation for any services not actually or personally
6 rendered.
7 (12) A finding that the licensee, after having its
8 license placed on probationary status, has violated the
9 terms of probation.
10 (13) Willfully making or filing false records or
11 reports in the course of providing home medical equipment
12 and services, including but not limited to false records
13 or reports filed with State agencies or departments.
14 (14) Solicitation of business services, other than
15 according to permitted advertising.
16 (15) The use of any words, abbreviations, figures,
17 or letters with the intention of indicating practice as a
18 home medical equipment and services provider without a
19 license issued under this Act.
20 (16) Failure to file a return, or to pay the tax,
21 penalty, or interest shown in a filed return, or to pay
22 any final assessment of tax, penalty, or interest, as
23 required by any tax Act administered by the Department
24 of Revenue, until such time as the requirements of any
25 such tax Act are satisfied.
26 (17) Failure to comply with federal laws and
27 regulations concerning home medical equipment and
28 services providers.
29 (18) Solicitation of professional services using
30 false or misleading advertising.
31 (19) Failure to display a license in accordance
32 with Section 45.
33 Section 80. Cease and desist order.
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1 (a) If any entity violates a provision of this Act, the
2 Director may, in the name of the People of the State of
3 Illinois, through the Attorney General of the State of
4 Illinois, petition for an order enjoining the violation or
5 for an order enforcing compliance with this Act. Upon the
6 filing of a verified petition in court, the court may issue a
7 temporary restraining order, without notice or bond, and may
8 preliminarily and permanently enjoin the violation, and if it
9 is established that the entity has violated or is violating
10 the injunction, the court may punish the offender for
11 contempt of court. Proceedings under this Section shall be
12 in addition to, and not in lieu of, all other remedies and
13 penalties provided by this Act.
14 (b) If an entity holds itself out as a provider of home
15 medical equipment and services without a license issued under
16 this Act, an interested party or any person injured thereby,
17 in addition to the Director, may petition for relief as
18 provided in subsection (a) of this Section.
19 (c) Whenever in the opinion of the Department an entity
20 violates a provision of this Act, the Department may issue a
21 rule to show cause why an order to cease and desist should
22 not be entered against the entity. The rule shall clearly
23 set forth the grounds relied upon by the Department and shall
24 provide a period of 7 days from the date of the rule to file
25 an answer to the satisfaction of the Department. Failure to
26 answer to the satisfaction of the Department shall cause an
27 order to cease and desist to be issued immediately.
28 Section 85. Unlicensed practice; civil penalty.
29 (a) An entity who practices, offers to practice, attempts
30 to practice, or holds itself out to practice as a home
31 medical equipment and services provider without being
32 licensed under this Act shall, in addition to any other
33 penalty provided by law, pay a civil penalty to the
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1 Department in an amount not to exceed $5,000 for each offense
2 as determined by the Department. The civil penalty shall be
3 assessed by the Department after a hearing is held in
4 accordance with the provisions set forth in this Act
5 regarding the provision of a hearing for the discipline of a
6 licensee. The civil penalty shall be paid within 60 days
7 after the effective date of the order imposing the civil
8 penalty. The order shall constitute a judgment and may be
9 filed and executed in the same manner as any judgment from
10 any court of record.
11 (b) The Department may investigate any unlicensed
12 activity.
13 Section 90. Mandatory inspections. The Department shall
14 inspect a licensee for compliance with the requirements of
15 this Act within 3 years after the date of initial licensure
16 and at least once every 3 years thereafter, unless the
17 licensee can demonstrate proof of renewal of accreditation
18 with a recognized national accrediting body. The Department
19 shall conduct random inspections upon renewal of a license,
20 for cause or as necessary to assure the integrity and
21 effectiveness of the licensing process. Upon failure to pass
22 inspection, a provider's license shall be suspended or denied
23 as applicable, pending review by the Board. The Department
24 may authorize qualified individuals to conduct inspections.
25 The Department shall set by rule, and pay to an inspector, a
26 fee for each inspection. An entity that fails to pass an
27 inspection is subject to penalties under Section 80. Upon
28 notice of failure to pass an inspection, a provider shall
29 have 30 days to appeal the inspection results. On appeal, a
30 provider shall have the right to an inspection review or to a
31 new inspection in accordance with procedures adopted by the
32 Department. A home medical equipment and services provider
33 licensed within 2 years after the effective date of this Act
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1 is exempt from the inspection requirements of this Section
2 during that 2-year period.
3 Section 95. Investigations; notice and hearing.
4 (a) The Department may investigate the actions of an
5 applicant or of an entity holding or claiming to hold a
6 license.
7 (b) The Department shall, before refusing to issue or
8 renew a license or disciplining a licensee, at least 30 days
9 prior to the date set for the hearing, notify in writing the
10 applicant or licensee of the nature of the charges and that a
11 hearing will be held on the date designated. The Department
12 shall direct the applicant or licensee to file a written
13 answer to the Board under oath within 20 days after the
14 service of the notice and inform the applicant or licensee
15 that failure to file an answer will result in default being
16 taken against the applicant or licensee and that the license
17 may be suspended, revoked, placed on probationary status, or
18 other disciplinary action may be taken, including limiting
19 the scope, nature, or extent of business, as the Director may
20 deem proper. Written notice may be served by personal
21 delivery or certified or registered mail to the respondent at
22 the address of the entity's last notification to the
23 Department. If the entity fails to file an answer after
24 receiving notice, the entity's license may, in the discretion
25 of the Department, be suspended, revoked, or placed on
26 probationary status, or the Department may take whatever
27 disciplinary action it deems proper, including limiting the
28 scope, nature, or extent of the entity's business, or
29 imposing a fine, without a hearing, if the act or acts
30 charged constitute sufficient grounds for such action under
31 this Act. At the time and place fixed in the notice, the
32 Board shall proceed to hear the charges, and the parties or
33 their counsel shall be accorded ample opportunity to present
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1 such statements, testimony, evidence, and argument as may be
2 pertinent to the charges or to their defense. The Board may
3 continue a hearing from time to time.
4 Section 100. Stenographer; transcript. The Department at
5 its expense, shall preserve a record of all proceedings at
6 the formal hearing of any case involving the refusal to issue
7 or renew a license or the discipline of a licensee. The
8 notice of hearing, complaint, and all other documents in the
9 nature of pleadings, written motions filed in the
10 proceedings, the transcript of testimony, the report of the
11 Board, and the order of the Department shall be the record of
12 the proceeding.
13 Section 105. Compelling testimony. A circuit court may,
14 upon application of the Department or its designee or of the
15 applicant or licensee against whom proceedings under Section
16 95 are pending, enter an order requiring the attendance of
17 witnesses and their testimony and the production of
18 documents, papers, files, books, and records in connection
19 with any hearing or investigation. The court may compel
20 obedience to its order by proceedings for contempt.
21 Section 110. Findings and recommendations. At the
22 conclusion of the hearing the Board shall present to the
23 Director a written report of its findings and
24 recommendations. The report shall contain a finding of
25 whether or not the accused entity violated this Act or failed
26 to comply with the conditions required in this Act. The
27 Board shall specify the nature of the violation or failure to
28 comply, and shall make its recommendations to the Director.
29 The report of findings and recommendations of the Board
30 shall be the basis for the Department's order of refusal or
31 for the granting of licensure unless the Director shall
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1 determine that the Board's report is contrary to the manifest
2 weight of the evidence, in which case the Director may issue
3 an order in contravention of the Board's report. The finding
4 is not admissible in evidence against the entity in a
5 criminal prosecution brought for the violation of this Act,
6 but the hearing and finding are not a bar to a criminal
7 prosecution brought for the violation of this Act.
8 Section 115. Rehearing on motion. In a case involving the
9 refusal to issue or renew a license or the discipline of a
10 licensee, a copy of the Board's report shall be served upon
11 the respondent by the Department, either personally or as
12 provided in this Act for the service of the notice of
13 hearing. Within 20 days after such service, the respondent
14 may present to the Department a motion in writing for a
15 rehearing, which shall specify the particular grounds for the
16 rehearing. If no motion for rehearing is filed, then upon the
17 expiration of the time specified for filing the motion, or if
18 a motion for rehearing is denied, then upon such denial the
19 Director may enter an order in accordance with
20 recommendations of the Board except as provided in Section
21 120 of this Act. If the respondent shall order from the
22 reporting service and pay for a transcript of the record with
23 the time for filing a motion for rehearing, the 20 day period
24 within which such a motion may be filed shall commence upon
25 the delivery of the transcript to the respondent.
26 Section 120. Rehearing on order of Director. Whenever the
27 Director is satisfied that substantial justice has not been
28 done in the revocation or suspension of a license or refusal
29 to issue or renew a license, the Director may order a
30 rehearing by the same or another Board.
31 Section 125. Hearing officer. The Director has the
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1 authority to appoint an attorney duly licensed to practice
2 law in the State of Illinois to serve as the hearing officer
3 in an action for refusal to issue or renew a license, or for
4 the discipline of a licensee. The Director shall notify the
5 Board of an appointment. The hearing officer shall have full
6 authority to conduct the hearing. The hearing officer shall
7 report his or her findings and recommendations to the Board
8 and the Director. The Board shall have 60 days from receipt
9 of the report to review the report of the hearing officer and
10 present its findings of fact, conclusions of law and
11 recommendation to the Director. If the Board fails to
12 present its report within the 60 day period, the Director
13 shall issue an order based on the report of the hearing
14 officer. If the Director determines that the Board's report
15 is contrary to the manifest weight of the evidence, he or she
16 may issue an order in contravention of the Board's report.
17 Section 130. Order or certified copy. An order or a
18 certified copy of an order, over the seal of the Department
19 and purporting to be signed by the Director, shall be prima
20 facie proof that:
21 (1) the signature is the genuine signature of the
22 Director;
23 (2) the Director is duly appointed and qualified;
24 and
25 (3) the Board and its members are qualified to act.
26 This proof may be rebutted.
27 Section 135. Restoration of license. At any time after
28 the suspension or revocation of a license, the Department may
29 restore the license to the accused entity upon the written
30 recommendation of the Board unless, after an investigation
31 and a hearing, the Board determines that restoration is not
32 in the public interest.
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1 Section 140. Surrender of license. Upon the revocation
2 or suspension of a license, the licensee shall immediately
3 surrender the license to the Department, and if the entity
4 fails to do so, the Department shall have the right to seize
5 the license.
6 Section 145. Temporary suspension of a license. The
7 Director may temporarily suspend the license of a home
8 medical equipment and services provider without a hearing,
9 simultaneously with the institution of proceedings for a
10 hearing provided for in Section 95 of this Act, if the
11 Director finds that evidence in his or her possession
12 indicates that the home medical equipment and services
13 provider's continuation in business would constitute an
14 imminent danger to the public. If the Director temporarily
15 suspends the license of a home medical equipment and services
16 provider without a hearing, a hearing by the Board must be
17 held within 30 days of the suspension.
18 Section 150. Administrative Review Law. All final
19 administrative decisions of the Department are subject to
20 judicial review pursuant to the provisions of the
21 Administrative Review Law, as now or hereafter amended, and
22 all rules adopted pursuant to that Law. The term
23 "administrative decision" is defined as in Section 3-101 of
24 the Code of Civil Procedure.
25 Proceedings for judicial review shall be commenced in the
26 circuit court of the county in which the party applying for
27 relief resides, but if the party is not a resident of this
28 State, the venue shall be in Sangamon County.
29 Section 155. Certification of record; costs. The
30 Department shall not be required to certify any record to a
31 court or file any answer in court or otherwise appear in a
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1 court in a judicial review proceeding, unless there is filed
2 in the court, with the complaint, a receipt from the
3 Department acknowledging payment of the costs of furnishing
4 and certifying the record. Failure on the part of the
5 plaintiff to file a receipt in court shall be grounds for
6 dismissal of the action.
7 Section 160. Criminal penalties. An entity who is found
8 to have violated a provision of this Act is guilty of a Class
9 A misdemeanor. On conviction of a second or subsequent
10 offense, the violator shall be guilty of a Class 4 felony.
11 Section 165. Administrative Procedure Act. The Illinois
12 Administrative Procedure Act is hereby expressly adopted and
13 incorporated in this Act as if all of the provisions of that
14 Act were included in this Act, except that the provision of
15 subsection (d) of Section 10-65 of the Illinois
16 Administrative Procedure Act, which provides that at hearings
17 the license holder has the right to show compliance with all
18 lawful requirements for retention, continuation, or renewal
19 of a license, is specifically excluded. For the purposes of
20 this Act, the notice required under Section 10-25 of the
21 Illinois Administrative Procedure Act is deemed sufficient
22 when mailed to the last known address of a party.
23 Section 170. Exclusive State regulation. It is declared
24 to be the public policy of this State, pursuant to paragraph
25 (h) of Section 6 of Article VII of the Illinois Constitution
26 of 1970, that any power or function set forth in this Act to
27 be exercised by the State is an exclusive State power or
28 function. Such power or function shall not be exercised
29 concurrently, whether directly or indirectly, by any unit of
30 local government, including home rule units, except as
31 otherwise provided in this Act.
HB0522 Enrolled -20- LRB9000457DPccA
1 Section 175. Entities currently operating. Entities
2 engaged in the business of providing home medical equipment
3 and services at least 3 months prior to the effective date of
4 this Act shall be issued a license valid for 2 years, upon
5 application and payment of the required fee, without the
6 necessity for a determination of compliance with the
7 requirements of subsection (a) of Section 40. During the
8 first year of licensure, such providers shall be subject to
9 random inspections for compliance with applicable standards,
10 unless such providers have a valid accreditation from a
11 recognized national accrediting body.
12 Section 180. Deposit of fees and fines; appropriations.
13 All of the fees and fines collected under this Act shall be
14 deposited into the General Professions Dedicated Fund, and
15 shall be used by the Department, as appropriated, for the
16 ordinary and contingent expenses of the Department.
17 Section 300. The Regulatory Agency Sunset Act is amended
18 by adding Section 4.18 as follows:
19 (5 ILCS 80/4.18 new)
20 Sec. 4.18. Act repealed January 1, 2008. The following
21 Act is repealed January 1, 2008:
22 The Home Medical Equipment and Services Provider License
23 Act.
24 Section 999. Effective date. This Act takes effect upon
25 becoming law.