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Full Text of HB4612

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HB4612 - 104th General Assembly

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HB4612 Enrolled
LRB104 18371 BAB 31813 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Findings.
The General Assembly finds that:
5

(1) The health, safety, and welfare of residents of
6

assisted living establishments and shared housing
7

establishments are paramount concerns of the General
8

Assembly.
9

(2) Residents of such establishments often rely on
10

referrals from the establishment for necessary home
11

services.
12

(3) Utilizing untrained or unlicensed home services
13

providers poses a significant risk of harm to vulnerable
14

residents, including improper care, neglect, or financial
15

exploitation.
16

(4) Ensuring that all referred home services providers
17

are licensed under the Home Health, Home Services, and
18

Home Nursing Agency Licensing Act is necessary to ensure a
19

minimum standard of competency, training, and
20

accountability.

21

Section 5.
The Assisted Living and Shared Housing Act is
22
amended by adding Sections 30.5 and 81 as follows:

HB4612 Enrolled
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LRB104 18371 BAB 31813 b
1

(210 ILCS 9/30.5 new)
2

Sec. 30.5.
Referral of licensed home services providers.
3

(a) In this Section, "referral" means the act of directing
4
a resident, verbally or in writing, to a specific service
5
provider with whom the establishment does not have a
6
contractual arrangement.
7

(b) An establishment shall only make referrals to its
8
residents for home services providers that are licensed under
9
the Home Health, Home Services, and Home Nursing Agency
10
Licensing Act.

11

(210 ILCS 9/81 new)
12

Sec. 81.
Public safety announcement.

13

(a) The Department shall distribute to each establishment
14
and publish on its website a one-page flyer that shall, at a
15
minimum, contain the following information:
16

(1) important information about choosing caregivers;
17

(2) an explanation of the differences between licensed
18

and unlicensed home care and home health providers;
19

(3) common risks associated with unlicensed home care
20

and home health providers; and
21

(4) information on how to verify if an agency is
22

licensed through the State of Illinois.
23

(b) The establishment shall provide the flyer to any
24
resident who is referred to home care services or who requests
25
a referral for home care services.

HB4612 Enrolled
- 3 -
LRB104 18371 BAB 31813 b
1

Section 10.
The Community Living Facilities Licensing Act
2
is amended by adding Sections 5.6 and 8.7 as follows:

3

(210 ILCS 35/5.6 new)
4

Sec. 5.6.
Referral of licensed home services providers.
5

(a) In this Section, "referral" means the act of directing
6
a resident, verbally or in writing, to a specific service
7
provider with whom the Community Living Facility does not have
8
a contractual arrangement.
9

(b) A Community Living Facility shall only make referrals
10
to its residents for home services providers that are licensed
11
under the Home Health, Home Services, and Home Nursing Agency
12
Licensing Act.

13

(210 ILCS 35/8.7 new)
14

Sec. 8.7.
Public safety announcement.
15

(a) The Department shall distribute to each Community
16
Living Facility and publish on its website a one-page flyer
17
that shall, at a minimum, contain the following information:

18

(1) important information about choosing caregivers;
19

(2) an explanation of the differences between licensed
20

and unlicensed home care and home health providers;
21

(3) common risks associated with unlicensed home care
22

and home health providers; and
23

(4) information on how to verify if an agency is

HB4612 Enrolled
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LRB104 18371 BAB 31813 b
1

licensed through the State of Illinois.
2

(b) The Community Living Facility shall provide the flyer
3
to any resident who is referred to home care services or who
4
requests a referral for home care services.

5

Section 15.
The Life Care Facilities Act is amended by
6
changing Section 10.4 and by adding Section 10.5 as follows:

7

(210 ILCS 40/10.4)
8

Sec. 10.4.
Provision of at-home continuing care.
9

(a) The Department shall adopt rules that:
10

(1) establish standards for providers of at-home
11

continuing care;
12

(2) provide for the certification and registration of
13

providers of at-home continuing care and the annual
14

renewal of certificates of registration;
15

(3) provide for and encourage the establishment of
16

at-home continuing care programs;
17

(4) set minimum requirements for any individual who is
18

employed by or under contract with a provider of at-home
19

continuing care and who will enter a provider of at-home
20

continuing care's subscriber's home to provide at-home
21

continuing care services, including requirements for
22

criminal background checks of such an individual who will
23

have routine, direct access to a subscriber;
24

(5) establish standards for the renewal of

HB4612 Enrolled
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LRB104 18371 BAB 31813 b
1

certificates of registration for providers of at-home
2

continuing care;
3

(6) establish standards for the number of executed
4

agreements necessary to begin operation as a provider of
5

at-home continuing care;
6

(7) establish standards for when and how a provider of
7

at-home continuing care or a subscriber may rescind an
8

at-home continuing care agreement before at-home
9

continuing care services are provided to the subscriber;
10

(8) allow a subscriber to rescind an agreement for
11

at-home continuing care services at any time if the terms
12

of the agreement violate this Section;
13

(9) establish that a provider may terminate an
14

agreement to provide at-home continuing care services or
15

discharge a subscriber only for just cause; and
16

(10) establish procedures to carry out a termination
17

or discharge under paragraph (9).
18

(b) The Department shall certify and register a person as
19
a provider of at-home continuing care services under this
20
Section if the Department determines that:
21

(1) a reasonable financial plan has been developed to
22

provide at-home continuing care services, including a plan
23

for the number of agreements to be executed before
24

beginning operation;
25

(2) a market for the at-home continuing care program
26

exists;

HB4612 Enrolled
- 6 -
LRB104 18371 BAB 31813 b
1

(3) the provider has submitted all proposed
2

advertisements, advertising campaigns, and other
3

promotional materials for the program;
4

(4) the form and substance of all advertisements,
5

advertising campaigns, and other promotional materials
6

submitted are not deceptive, misleading, or likely to
7

mislead; and
8

(5) an actuarial forecast supports the market for the
9

program.
10

(c) A provider may not enter into an agreement to provide
11
at-home continuing care services until the Department issues a
12
preliminary certificate of registration to the provider. An
13
application for a preliminary certificate of registration
14
shall:
15

(1) be filed in a form determined by the Department by
16

rule; and
17

(2) include:
18

(A) a copy of the proposed at-home continuing care
19

agreement; and
20

(B) the form and substance of any proposed
21

advertisements, advertising campaigns, or other
22

promotional materials for the program that are
23

available at the time of filing the application and
24

that have not been filed previously with the
25

Department.
26

(d) The Department shall issue a preliminary certificate

HB4612 Enrolled
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LRB104 18371 BAB 31813 b
1
of registration to a provider under subsection (c) if the
2
Department determines that:
3

(1) the proposed at-home continuing care agreement is
4

satisfactory;
5

(2) the provider has submitted all proposed
6

advertisements, advertising campaigns, and other
7

promotional materials for the program; and
8

(3) the form and substance of all advertisements,
9

advertising campaigns, and other promotional materials
10

submitted are not deceptive, misleading, or likely to
11

mislead.
12

(e) A person may not provide at-home continuing care
13
services until the Department issues a certificate of
14
registration to the person. An application for a certificate
15
of registration shall:
16

(1) be filed in a form determined by the Department by
17

rule; and
18

(2) include:
19

(A) verification that the required number of
20

agreements has been executed;
21

(B) the form and substance of any proposed
22

advertisements, advertising campaigns, or other
23

promotional materials for the program that are
24

available at the time of filing and that have not been
25

filed previously with the Department; and
26

(C) verification that any other license or

HB4612 Enrolled
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LRB104 18371 BAB 31813 b
1

certificate required by other appropriate State units
2

has been issued to the provider.
3

(f) The Department shall issue a certificate of
4
registration to a provider under subsection (e) if the
5
Department determines that:
6

(1) the information and documents submitted and
7

application for a preliminary certificate of registration
8

are current and accurate or have been updated to make them
9

accurate;
10

(2) the required agreements have been executed;
11

(3) any other license or certificate required by other
12

appropriate State units has been issued to the provider;
13

(4) the provider has submitted all proposed
14

advertisements, advertising campaigns, and other
15

promotional materials for the program; and
16

(5) the material submitted is not an advertisement,
17

advertising campaign, or other promotional material that
18

is deceptive, misleading, or likely to mislead.
19

If a provider intends to advertise before the Department
20
issues a certificate of registration, the provider shall
21
submit to the Department any advertisement, advertising
22
campaign, or other promotional material before using it.
23

(f-5) In this subsection, "referral" means the act of
24
directing a resident, verbally or in writing, to a specific
25
service provider with whom the facility does not have a
26
contractual arrangement. A facility shall only make referrals

HB4612 Enrolled
- 9 -
LRB104 18371 BAB 31813 b
1
to its residents for providers of at-home continuing care, or
2
other home service providers, that are licensed under the Home
3
Health, Home Services, and Home Nursing Agency Licensing Act.
4

(g) Every 2 years, within 120 days after the end of a
5
provider's fiscal year, a provider shall file an application
6
for a renewal certificate of registration with the Department.
7
The application shall:
8

(A) be filed in a form determined by the
9

Department by rule; and
10

(B) contain any reasonable and pertinent
11

information that the Department requires.
12

(h) The Department shall issue a renewal certificate of
13
registration under subsection (g) if the Department determines
14
that:
15

(1) all required documents have been filed and are
16

satisfactory;
17

(2) any revised agreements for at-home continuing care
18

services meet the Department's requirements;
19

(3) the provider has submitted all proposed
20

advertisements, advertising campaigns, and other
21

promotional materials for the program; and
22

(4) the form and substance of all advertisements,
23

advertising campaigns, and other promotional materials
24

submitted are not deceptive, misleading, or likely to
25

mislead.
26

(i) The Department may deny, suspend, or revoke a

HB4612 Enrolled
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LRB104 18371 BAB 31813 b
1
preliminary, initial, or renewal certificate of registration
2
under this Section for cause. The Department shall set forth
3
in writing its reasons for a denial, suspension, or
4
revocation. A provider may appeal a denial in writing. Grounds
5
for a denial, suspension, or revocation include, but are not
6
limited to:
7

(1) violation of this Section;
8

(2) violation of a rule adopted by the Department
9

under this Section;
10

(3) misrepresentation; or
11

(4) submission of false information.
12
(Source: P.A. 103-332, eff. 1-1-24; 103-605, eff. 7-1-24.)

13

(210 ILCS 40/10.5 new)
14

Sec. 10.5.
Public safety announcement.

15

(a) The Department shall distribute to each facility and
16
publish on its website a one-page flyer that shall, at a
17
minimum, contain the following information:

18

(1) important information about choosing caregivers;
19

(2) an explanation of the differences between licensed
20

and unlicensed home care and home health providers;
21

(3) common risks associated with unlicensed home care
22

and home health providers; and
23

(4) information on how to verify if an agency is
24

licensed through the State of Illinois.
25

(b) The facility shall provide the flyer to any resident

HB4612 Enrolled
- 11 -
LRB104 18371 BAB 31813 b
1
who is referred to home care services or who requests a
2
referral for home care services.

3

Section 99.
Effective date.
This Act takes effect January
4
1, 2027.

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