Public Act 0666 104TH GENERAL ASSEMBLY
 

 
Public Act 104-0666
 
HB4612 EnrolledLRB104 18371 BAB 31813 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 1. Findings. The General Assembly finds that:
        (1) The health, safety, and welfare of residents of 
    assisted living establishments and shared housing 
    establishments are paramount concerns of the General 
    Assembly.
        (2) Residents of such establishments often rely on 
    referrals from the establishment for necessary home 
    services.
        (3) Utilizing untrained or unlicensed home services 
    providers poses a significant risk of harm to vulnerable 
    residents, including improper care, neglect, or financial 
    exploitation.
        (4) Ensuring that all referred home services providers 
    are licensed under the Home Health, Home Services, and 
    Home Nursing Agency Licensing Act is necessary to ensure a 
    minimum standard of competency, training, and 
    accountability.
 
    Section 5. The Assisted Living and Shared Housing Act is 
amended by adding Sections 30.5 and 81 as follows:
 
    (210 ILCS 9/30.5 new)
    Sec. 30.5. Referral of licensed home services providers.
    (a) In this Section, "referral" means the act of directing 
a resident, verbally or in writing, to a specific service 
provider with whom the establishment does not have a 
contractual arrangement.
    (b) An establishment shall only make referrals to its 
residents for home services providers that are licensed under 
the Home Health, Home Services, and Home Nursing Agency 
Licensing Act. 
 
    (210 ILCS 9/81 new)
    Sec. 81. Public safety announcement. 
    (a) The Department shall distribute to each establishment 
and publish on its website a one-page flyer that shall, at a 
minimum, contain the following information:
        (1) important information about choosing caregivers;
        (2) an explanation of the differences between licensed 
    and unlicensed home care and home health providers;
        (3) common risks associated with unlicensed home care 
    and home health providers; and
        (4) information on how to verify if an agency is 
    licensed through the State of Illinois.
    (b) The establishment shall provide the flyer to any 
resident who is referred to home care services or who requests 
a referral for home care services.
 
    Section 10. The Community Living Facilities Licensing Act 
is amended by adding Sections 5.6 and 8.7 as follows:
 
    (210 ILCS 35/5.6 new)
    Sec. 5.6. Referral of licensed home services providers.
    (a) In this Section, "referral" means the act of directing 
a resident, verbally or in writing, to a specific service 
provider with whom the Community Living Facility does not have 
a contractual arrangement.
    (b) A Community Living Facility shall only make referrals 
to its residents for home services providers that are licensed 
under the Home Health, Home Services, and Home Nursing Agency 
Licensing Act.
 
    (210 ILCS 35/8.7 new)
    Sec. 8.7. Public safety announcement.
    (a) The Department shall distribute to each Community 
Living Facility and publish on its website a one-page flyer 
that shall, at a minimum, contain the following information: 
        (1) important information about choosing caregivers;
        (2) an explanation of the differences between licensed 
    and unlicensed home care and home health providers;
        (3) common risks associated with unlicensed home care 
    and home health providers; and
        (4) information on how to verify if an agency is 
    licensed through the State of Illinois.
    (b) The Community Living Facility shall provide the flyer 
to any resident who is referred to home care services or who 
requests a referral for home care services.
 
    Section 15. The Life Care Facilities Act is amended by 
changing Section 10.4 and by adding Section 10.5 as follows:
 
    (210 ILCS 40/10.4)
    Sec. 10.4. Provision of at-home continuing care.
    (a) The Department shall adopt rules that:
        (1) establish standards for providers of at-home 
    continuing care;
        (2) provide for the certification and registration of 
    providers of at-home continuing care and the annual 
    renewal of certificates of registration;
        (3) provide for and encourage the establishment of 
    at-home continuing care programs;
        (4) set minimum requirements for any individual who is 
    employed by or under contract with a provider of at-home 
    continuing care and who will enter a provider of at-home 
    continuing care's subscriber's home to provide at-home 
    continuing care services, including requirements for 
    criminal background checks of such an individual who will 
    have routine, direct access to a subscriber;
        (5) establish standards for the renewal of 
    certificates of registration for providers of at-home 
    continuing care;
        (6) establish standards for the number of executed 
    agreements necessary to begin operation as a provider of 
    at-home continuing care;
        (7) establish standards for when and how a provider of 
    at-home continuing care or a subscriber may rescind an 
    at-home continuing care agreement before at-home 
    continuing care services are provided to the subscriber;
        (8) allow a subscriber to rescind an agreement for 
    at-home continuing care services at any time if the terms 
    of the agreement violate this Section;
        (9) establish that a provider may terminate an 
    agreement to provide at-home continuing care services or 
    discharge a subscriber only for just cause; and
        (10) establish procedures to carry out a termination 
    or discharge under paragraph (9).
    (b) The Department shall certify and register a person as 
a provider of at-home continuing care services under this 
Section if the Department determines that:
        (1) a reasonable financial plan has been developed to 
    provide at-home continuing care services, including a plan 
    for the number of agreements to be executed before 
    beginning operation;
        (2) a market for the at-home continuing care program 
    exists;
        (3) the provider has submitted all proposed 
    advertisements, advertising campaigns, and other 
    promotional materials for the program;
        (4) the form and substance of all advertisements, 
    advertising campaigns, and other promotional materials 
    submitted are not deceptive, misleading, or likely to 
    mislead; and
        (5) an actuarial forecast supports the market for the 
    program.
    (c) A provider may not enter into an agreement to provide 
at-home continuing care services until the Department issues a 
preliminary certificate of registration to the provider. An 
application for a preliminary certificate of registration 
shall:
        (1) be filed in a form determined by the Department by 
    rule; and
        (2) include:
            (A) a copy of the proposed at-home continuing care 
        agreement; and
            (B) the form and substance of any proposed 
        advertisements, advertising campaigns, or other 
        promotional materials for the program that are 
        available at the time of filing the application and 
        that have not been filed previously with the 
        Department.
    (d) The Department shall issue a preliminary certificate 
of registration to a provider under subsection (c) if the 
Department determines that:
        (1) the proposed at-home continuing care agreement is 
    satisfactory;
        (2) the provider has submitted all proposed 
    advertisements, advertising campaigns, and other 
    promotional materials for the program; and
        (3) the form and substance of all advertisements, 
    advertising campaigns, and other promotional materials 
    submitted are not deceptive, misleading, or likely to 
    mislead.
    (e) A person may not provide at-home continuing care 
services until the Department issues a certificate of 
registration to the person. An application for a certificate 
of registration shall:
        (1) be filed in a form determined by the Department by 
    rule; and
        (2) include:
            (A) verification that the required number of 
        agreements has been executed;
            (B) the form and substance of any proposed 
        advertisements, advertising campaigns, or other 
        promotional materials for the program that are 
        available at the time of filing and that have not been 
        filed previously with the Department; and
            (C) verification that any other license or 
        certificate required by other appropriate State units 
        has been issued to the provider.
    (f) The Department shall issue a certificate of 
registration to a provider under subsection (e) if the 
Department determines that:
        (1) the information and documents submitted and 
    application for a preliminary certificate of registration 
    are current and accurate or have been updated to make them 
    accurate;
        (2) the required agreements have been executed;
        (3) any other license or certificate required by other 
    appropriate State units has been issued to the provider;
        (4) the provider has submitted all proposed 
    advertisements, advertising campaigns, and other 
    promotional materials for the program; and
        (5) the material submitted is not an advertisement, 
    advertising campaign, or other promotional material that 
    is deceptive, misleading, or likely to mislead.
    If a provider intends to advertise before the Department 
issues a certificate of registration, the provider shall 
submit to the Department any advertisement, advertising 
campaign, or other promotional material before using it.
    (f-5) In this subsection, "referral" means the act of 
directing a resident, verbally or in writing, to a specific 
service provider with whom the facility does not have a 
contractual arrangement. A facility shall only make referrals 
to its residents for providers of at-home continuing care, or 
other home service providers, that are licensed under the Home 
Health, Home Services, and Home Nursing Agency Licensing Act.
    (g) Every 2 years, within 120 days after the end of a 
provider's fiscal year, a provider shall file an application 
for a renewal certificate of registration with the Department. 
The application shall:
            (A) be filed in a form determined by the 
        Department by rule; and
            (B) contain any reasonable and pertinent 
        information that the Department requires.
    (h) The Department shall issue a renewal certificate of 
registration under subsection (g) if the Department determines 
that:
        (1) all required documents have been filed and are 
    satisfactory;
        (2) any revised agreements for at-home continuing care 
    services meet the Department's requirements;
        (3) the provider has submitted all proposed 
    advertisements, advertising campaigns, and other 
    promotional materials for the program; and
        (4) the form and substance of all advertisements, 
    advertising campaigns, and other promotional materials 
    submitted are not deceptive, misleading, or likely to 
    mislead.
    (i) The Department may deny, suspend, or revoke a 
preliminary, initial, or renewal certificate of registration 
under this Section for cause. The Department shall set forth 
in writing its reasons for a denial, suspension, or 
revocation. A provider may appeal a denial in writing. Grounds 
for a denial, suspension, or revocation include, but are not 
limited to:
        (1) violation of this Section;
        (2) violation of a rule adopted by the Department 
    under this Section;
        (3) misrepresentation; or
        (4) submission of false information. 
(Source: P.A. 103-332, eff. 1-1-24; 103-605, eff. 7-1-24.)
 
    (210 ILCS 40/10.5 new)
    Sec. 10.5. Public safety announcement. 
    (a) The Department shall distribute to each facility and 
publish on its website a one-page flyer that shall, at a 
minimum, contain the following information: 
        (1) important information about choosing caregivers;
        (2) an explanation of the differences between licensed 
    and unlicensed home care and home health providers;
        (3) common risks associated with unlicensed home care 
    and home health providers; and
        (4) information on how to verify if an agency is 
    licensed through the State of Illinois.
    (b) The facility shall provide the flyer to any resident 
who is referred to home care services or who requests a 
referral for home care services.
 
    Section 99. Effective date. This Act takes effect January 
1, 2027.