Section 280.1020 Licensure Procedures

Section 280

TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER c: HOSPITALS AND OUTPATIENT SERVICES CARE FACILITIES

PART 280 HOSPICE PROGRAMS

SECTION 280.1020 LICENSURE PROCEDURES

Section 280.1020  Licensure

Procedures

a)

An application for

an initial

license or

a

renewal

license

to operate as a comprehensive or volunteer hospice program shall be

in writing on

forms provided by

the Department.  (Section 5 of the Act)

The application shall be made under oath and shall contain the following

information:

1)         The name, address, and telephone number of the hospice program

location.

2)         The type of hospice licensure sought by the program, either

volunteer or comprehensive.  If the program is a volunteer hospice, a complete

listing of the hospice services to be provided during the term of the license

shall be included.

3)         If multiple hospice locations are used, the address and phone

number of the central office and the address and phone number of each multiple

hospice location.

4)         A statement of ownership in accordance with Section 280.1030.

5)         The name and address of the registered agent or other

individual authorized to receive service of process for the hospice program.

6)         The name of the person under whose management or supervision

the program will be operated.

7)         A listing of professional staff, including their names,

titles, license or registration numbers, whether they are full or part time,

and whether they are paid or volunteer employees.

8)         Number of volunteers and (approximate) total combined

volunteer hours of care and service per week.

9)         Source of income.

10)         A designation of the proposed geographic area to be served by

the hospice.

11)         Hospice census report for the fiscal year (for renewals

only).

12)         A listing of outside contractors.

13)         A copy of the annual hospice service plan

Number of volunteers and (approximate) total combined

volunteer hours of care and service per week.

9)         Source of income.

10)         A designation of the proposed geographic area to be served by

the hospice.

11)         Hospice census report for the fiscal year (for renewals

only).

12)         A listing of outside contractors.

13)         A copy of the annual hospice service plan.

14)         A copy of the current annual budget and financial audit for

the current fiscal year.

15)         If the central office is used by patients and the public, a

certification from the local fire authority or State Fire Marshal that the

location meets fire and safety ordinances and laws.

b)         An application for licensure as a comprehensive hospice shall

be accompanied by a fee of $500.  An application for a volunteer hospice shall

be accompanied by a fee of $250.  A certified local health department is exempt

from the license application fee per Section 5(3) of the Act.

c)         An applicant will have 90 days following notification by the

Department that the Department has completed its initial review of an

application to submit additional revisions or supporting documentation to the

Department.

d)         Upon receipt and review of a complete application for initial licensure,

the Department will conduct an inspection to determine compliance with the Act

and this Part.  Incomplete applications will be denied by the Department in

accordance with Section 280.1060(a).

e)         If the hospice program is found to be in substantial

compliance with the Act and this Part, the Department will issue a license for

a period of one year.

f)         An application for license renewal shall be filed annually with

the Department, 60 days prior to the expiration of the license, on forms

provided by the Department.

1)         The renewal application shall comply with the requirements of

subsections (a)(1) through (6), (a)(10) and (a)(11) and subsection (b).  The

fee shall be $500

ment will issue a license for

a period of one year.

f)         An application for license renewal shall be filed annually with

the Department, 60 days prior to the expiration of the license, on forms

provided by the Department.

1)         The renewal application shall comply with the requirements of

subsections (a)(1) through (6), (a)(10) and (a)(11) and subsection (b).  The

fee shall be $500.  A certified local health department is exempt from the

license application fee per Section 5(3) of the Act.

2)         Pursuant to Section 10-65 of the Illinois Administrative

Procedure Act, licensees who are individuals are subject to denial of renewal

of licensure if the individual is more than 30 days delinquent in complying

with a child support order.

3)         Upon receipt and review of a complete application for license

renewal, the Department may conduct a survey. The Department's decision to

conduct a survey will be based on, but not be limited to, compliance history,

changes in key personnel, complaints, and the length of time since the last

survey.  The Department will renew the license in accordance with subsection (e).

g)         The licensee shall report changes in the information on the

application to the Department within 10 days after the change.  The following

changes need not be reported: number of volunteers and total hours; sources of

income for the fiscal year; hospice census report numbers; staff changes for

other than program supervisors.

h)

The

hospice program

license shall be displayed in a

conspicuous place inside the hospice program office

.  (Section 4(e) of the

Act)

i)

The license shall be valid only in the possession of the

hospice

and licensure applicant

to which it was originally issued and

shall not be transferred or assigned to any other person, agency, or

corporation.

(Section 4(c) of the Act)  This subsection does not prohibit

the use of workstations throughout the geographic service areas

de the hospice program office

.  (Section 4(e) of the

Act)

i)

The license shall be valid only in the possession of the

hospice

and licensure applicant

to which it was originally issued and

shall not be transferred or assigned to any other person, agency, or

corporation.

(Section 4(c) of the Act)  This subsection does not prohibit

the use of workstations throughout the geographic service areas.

j)          Change of Ownership or Sale

1)         Each license is valid only for the specific licensee and

hospice named in the application and shall not be transferred or assigned to

any other person, hospice or corporation.

2)         Sale, assignment, lease or other transfer of a hospice,

whether voluntary or involuntary, requires the new owner/licensee to obtain a

new license from the Department prior to maintaining, operating or conducting a

hospice.

3)         In the case of hospices operating under a franchise

arrangement, each unique business entity shall obtain and maintain a distinct

license and shall not share licensure based on franchised name status.

4)         A licensee shall notify the Department in writing, at least 30

days in advance, of any intention to:

A)        Change ownership; or

B)        Sell its hospice.

5)         A change of ownership happens when one of the following

transactions occurs:

A)        In an unincorporated sole proprietorship, when the property is

transferred to another party;

B)        A material change in a partnership that is caused by the

removal, addition or substitution of a partner;

C)        In a corporation, when the provider corporation merges into

another corporation, or the consolidation of two or more corporations, one of

which is the licensee, resulting in the creation of a new corporation;

D)        The transfer of any corporation stock that results in a change

of the person or persons who control the agency; or

E)        The transfer of any stock in excess of 75% of the outstanding

stock

n, when the provider corporation merges into

another corporation, or the consolidation of two or more corporations, one of

which is the licensee, resulting in the creation of a new corporation;

D)        The transfer of any corporation stock that results in a change

of the person or persons who control the agency; or

E)        The transfer of any stock in excess of 75% of the outstanding

stock.

6)         Pursuant to subsection (j)(5)(C), the transfer of corporate

stock or the merger of another corporation into the licensee corporation does

not constitute a change of ownership if the licensee corporation remains in

existence. In these transactions, the name of the corporation, its officers,

its independent subsidiaries, and any other relevant information that the

Department may require shall be made available to the Department upon request.

7)         Whenever ownership of a hospice is proposed to be transferred

from the person or organization named on the license to another person or

organization, or the hospice will be undergoing any other change of ownership

described in subsection (j)(5), the new owner shall apply for a new license.

The new owner shall submit a hospice license application to the Department at

least 30 days prior to the sale or change of ownership.

8)         The Department will issue a new license to a new owner who

meets the requirements for licensure under this Part.  The transactions

described in this Section shall not be complete until the Department issues a

new license to the new person, legal entity or partnership.

9)         Upon the completion of the sale or change of ownership, the

former licensee shall return its license to the Department by certified mail.