Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 51/ Home Medical Equipment and Services Provider License Act.

225 ILCS 51/ Home Medical Equipment and Services Provider License Act.

    (225 ILCS 51/1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 1. Short title. This Act may be cited as the Home Medical Equipment and Services Provider License Act.
(Source: P.A. 96‑328, eff. 8‑11‑09.)

    (225 ILCS 51/5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5. Declaration of legislative findings. The General Assembly finds that home medical equipment and services providers in the State of Illinois affect the public health, welfare, and safety, and therefore finds the regulation and control of those providers to be in the public interest. It is further declared that, as a matter of public policy, home medical equipment and services providers should merit the confidence of the public and, to this end, that only qualified entities be permitted to hold themselves out to the public as home medical equipment and services providers. This Act shall be liberally construed to best carry out these findings.
(Source: P.A. 90‑532, eff. 11‑14‑97.)

    (225 ILCS 51/10)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10. Definitions. As used in this Act:
        (1) "Department" means the Department of Financial
     and Professional Regulation.
        (2) "Secretary" means the Secretary of Financial
     and Professional Regulation.
        (3) "Board" means the Home Medical Equipment and
     Services Board.
        (4) "Home medical equipment and services provider"
     or "provider" means a legal entity, as defined by State law, engaged in the business of providing home medical equipment and services, whether directly or through a contractual arrangement, to an unrelated sick or disabled individual where that individual resides.
        (5) "Home medical equipment and services" means the
     delivery, installation, maintenance, replacement, or instruction in the use of medical equipment used by a sick or disabled individual to allow the individual to be maintained in his or her residence.
        (6) "Home medical equipment" means technologically
     sophisticated medical devices, apparatuses, machines, or other similar articles bearing a label that states "Caution: federal law requires dispensing by or on the order of a physician.", which are usable in a home care setting, including but not limited to:
            (A) oxygen and oxygen delivery systems;
            (B) ventilators;
            (C) respiratory disease management devices,
         excluding compressor driven nebulizers;
            (D) wheelchair seating systems;
            (E) apnea monitors;
            (F) transcutaneous electrical nerve stimulator
         (TENS) units;
            (G) low air‑loss cutaneous pressure management
         devices;
            (H) sequential compression devices;
            (I) neonatal home phototherapy devices;
            (J) enteral feeding pumps; and
            (K) other similar equipment as defined by the
         Board.
        "Home medical equipment" also includes hospital beds
     and electronic and computer‑driven wheelchairs, excluding scooters.
        (7) "Address of record" means the designated address
     recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 51/15)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 15. Licensure requirement; exempt activities.
    (a) No entity shall provide home medical equipment and services, or use the title "home medical equipment and services provider" in connection with his or her profession or business, without a license issued by the Department under this Act.
    (b) Nothing in this Act shall be construed as preventing or restricting the practices, services, or activities of the following, unless those practices, services, or activities include providing home medical equipment and services through a separate legal entity:
        (1) a person licensed or registered in this State by
     any other law engaging in the profession or occupation for which he or she is licensed or registered;
        (2) a home medical services provider entity that is
     accredited under home care standards by a recognized accrediting body;
        (3) home health agencies that do not have a Part B
     Medicare supplier number or that do not engage in the provision of home medical equipment and services;
        (4) hospitals, excluding hospital‑owned and
     hospital‑related providers of home medical equipment and services;
        (5) manufacturers and wholesale distributors of home
     medical equipment who do not sell directly to a patient;
        (6) health care practitioners who lawfully prescribe
     or order home medical equipment and services, or who use home medical equipment and services to treat their patients, including but not limited to physicians, nurses, physical therapists, respiratory therapists, occupational therapists, speech‑language pathologists, optometrists, chiropractors, and podiatrists;
        (7) pharmacists, pharmacies, and home infusion
     pharmacies that are not engaged in the sale or rental of home medical equipment and services;
        (8) hospice programs that do not involve the sale or
     rental of home medical equipment and services;
        (9) nursing homes;
        (10) veterinarians;
        (11) dentists; and
        (12) emergency medical service providers.
(Source: P.A. 90‑532, eff. 11‑14‑97.)

    (225 ILCS 51/20)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 20. Powers and duties of the Department.
    (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensure Acts and shall exercise other powers and duties necessary for effectuating the purposes of this Act.
    (b) The Department may adopt rules to administer and enforce this Act, including but not limited to fees for original licensure and renewal and restoration of licenses, and may prescribe forms to be issued to implement this Act. At a minimum, the rules adopted by the Department shall include standards and criteria for licensure and for professional conduct and discipline. The Department shall consult with the Board in adopting rules. Notice of proposed rulemaking shall be transmitted to the Board, and the Department shall review the Board's response and any recommendations made in the response. The Department shall notify the Board in writing with proper explanation of deviations from the Board's recommendations and response.
    (c) The Department may at any time seek the advice and expert knowledge of the Board on any matter relating to the administration of this Act.
    (d) (Blank).
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 51/25)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 25. Home Medical Equipment and Services Board. The Secretary shall appoint a Home Medical Equipment and Services Board, in consultation with a state association representing the home medical equipment and services industry, to serve in an advisory capacity to the Secretary. The Board shall consist of 7 members. Four members shall be home medical equipment and services provider representatives, at least one of whom shall be a pharmacy‑based provider. The 3 remaining members shall include one home care clinical specialist, one respiratory care practitioner, and one public member.
    Members shall serve 4 year terms and until their successors are appointed and qualified. No member shall be reappointed to the Board for a term that would cause continuous service on the Board to exceed 8 years. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term.
    The home medical equipment and services provider representatives appointed to the Board shall have engaged in the provision of home medical equipment and services or related home care services for at least 3 years prior to their appointment, shall be currently engaged in providing home medical equipment and services in the State of Illinois, and must have no record of convictions related to fraud or abuse under either State or federal law.
    The membership of the Board should reasonably reflect representation from the geographic areas in this State.
    The Board shall annually elect one of its members as chairperson and vice chairperson.
    Members of the Board shall receive as compensation a reasonable sum as determined by the Secretary for each day actually engaged in the duties of the office, and shall be reimbursed for authorized expenses incurred in performing the duties of the office.
    The Secretary may terminate the appointment of any member for cause which in the opinion of the Secretary reasonably justifies the termination.
    Members of the Board shall be immune from suit in an action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.
    A majority of Board members currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the rights of a quorum to exercise the rights and perform all of the duties of the Board.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 51/30)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 30. Application for original licensure. Applications for original licensure shall be made to the Department in writing and signed by the applicant on forms prescribed by the Department and shall be accompanied by a nonrefundable fee set by rule of the Department. The Department may require from an applicant information that, in its judgment, will enable the Department to pass on the qualifications of the applicant for licensure.
    An applicant has 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90‑532, eff. 11‑14‑97.)

    (225 ILCS 51/35)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 35. Qualifications for licensure.
    (a) An entity is qualified to receive a license as a home medical equipment and services provider if the entity meets each of the following requirements:
        (1) complies with all applicable federal and State
     licensure and regulatory requirements;
        (2) maintains a physical facility and medical
     equipment inventory. There shall only be one license permitted at each address;
        (3) establishes proof of commercial general
     liability insurance, including but not limited to coverage for products liability and professional liability;
        (4) establishes and provides records of annual
     continuing education for personnel engaged in the delivery, maintenance, repair, cleaning, inventory control, and financial management of home medical equipment and services;
        (5) maintains records on all patients to whom it
     provides home medical equipment and services;
        (6) establishes equipment management and personnel
     policies;
        (7) makes life sustaining home medical equipment and
     services available 24 hours per day and 7 days per week;
        (8) complies with any additional qualifications for
     licensure as determined by rule of the Department.
    (b) The Department may request a personal interview of an applicant before the Board to further evaluate the entity's qualifications for licensure.
(Source: P.A. 90‑532, eff. 11‑14‑97.)

    (225 ILCS 51/40)
    Sec. 40. (Repealed).
(Source: P.A. 90‑532, eff. 11‑14‑97. Repealed by P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 51/45)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 45. Display of license; advertising; penalties.
    (a) An entity that advertises home medical equipment and services shall, at its place of business, display the license of the entity.
    (b) No entity that provides home medical equipment services may advertise the equipment and services unless that entity includes in the advertisement the statement "Licensed in the State of Illinois".
(Source: P.A. 90‑532, eff. 11‑14‑97.)

    (225 ILCS 51/50)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50. License expiration; renewal. The expiration date, renewal period, renewal fees, and procedures for renewal of licenses issued under this Act shall be set by rule of the Department. An entity may renew its license by paying the required fee and by meeting the renewal requirements adopted by the Department under this Section.
(Source: P.A. 90‑532, eff. 11‑14‑97.)

    (225 ILCS 51/55)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 55. Restoration of expired license. A home medical equipment and services provider whose license has expired may have the license restored by making application to the Department, by paying the required fees, and by filing proof acceptable to the Department of fitness to have the license restored as established by rule.
(Source: P.A. 90‑532, eff. 11‑14‑97.)

    (225 ILCS 51/65)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 65. Fees; returned checks. An entity who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the entity that fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the entity has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application without a hearing. If the entity seeks a license after termination or denial, the entity shall apply to the Department for restoration or issuance of the license and pay all fees and fines owed to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing that application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 51/70)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 70. Roster of licensees. The Department shall maintain a roster of the names and addresses of all licensees and of all entities whose license has been suspended or revoked within the previous year. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 90‑532, eff. 11‑14‑97.)

    (225 ILCS 51/75)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 75. Refused issuance, suspension, or revocation of license. The Department may refuse to issue, renew, or restore a license, or may revoke, suspend, place on probation, reprimand, impose a fine not to exceed $10,000 for each violation, or take other disciplinary or non‑disciplinary action as the Department may deem proper with regard to a licensee for any one or combination of the following reasons:
        (1) Making a material misstatement in furnishing
     information to the Department.
        (2) Violation of this Act or its rules.
        (3) Conviction of or entry of a plea of guilty or
     nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof or a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of the profession.
        (4) Making a misrepresentation to obtain licensure
     or to violate a provision of this Act.
        (5) Gross negligence in practice under this Act.
        (6) Engaging in a pattern of practice or other
     behavior that demonstrates incapacity or incompetence to practice under this Act.
        (7) Aiding, assisting, or willingly permitting
     another person in violating any provision of this Act or its rules.
        (8) Failing, within 30 days, to provide information
     in response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
     unprofessional conduct of a character likely to deceive, defraud, or harm the public.
        (10) Discipline by another state, District of
     Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to one set forth in this Act.
        (11) Directly or indirectly giving to or receiving
     from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any services not actually or personally rendered.
        (12) A finding that the licensee, after having its
     license placed on probationary status, has violated the terms of probation.
        (13) Willfully making or filing false records or
     reports in the course of providing home medical equipment and services, including but not limited to false records or reports filed with State agencies or departments.
        (14) Solicitation of business services, other than
     according to permitted advertising.
        (15) The use of any words, abbreviations, figures,
     or letters with the intention of indicating practice as a home medical equipment and services provider without a license issued under this Act.
        (16) Failure to file a return, or to pay the tax,
     penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
        (17) Failure to comply with federal