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Illinois General Assembly· HB 4612Governor Approved

HOME SERVICES REFERRAL, the official text

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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:
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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     -4-            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           -5-      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            -7-  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            -8-  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         - 10 - 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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