Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 245 - HOME HEALTH, HOME SERVICES, AND HOME NURSING AGENCY CODE › Subpart C - LICENSURE PROCEDURES › Section 245.80 - Licensure Required

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person shall open, manage, conduct or maintain a home health agency
				without a license issued by the Department.
(Section 3 of the
				Act)
b)
On and after
				September 1, 2008, no person shall open, manage, conduct, or maintain a home
				services agency, or advertise himself or herself as a home services agency or
				as offering services that would be included in the definition of home services
				or a home services agency, without a license issued by the Department.
(Section 3.3 of the Act)
c)
On and after September 1, 2008, no
				person shall open, manage, conduct, or maintain a home nursing agency, or
				advertise himself or herself as a home nursing agency or as offering services
				that would be included in the definition of a home nursing agency, without a
				license issued by the Department.
(Section
				3.7 of the Act)
d) License Nontransferable
1) Each license shall be issued only for the
				specific agency named in the application and shall not be transferred or
				assigned to any other person, agency or corporation.
2) Sale, assignment, lease or other transfer,
				voluntary or involuntary, shall require a new license by the new owner prior to
				maintaining, operating or conducting an agency.
3) In the case of agencies 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 agency.
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
				percent of the outstanding stock.
6) Pursuant to subsection (d)(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) If a
				sale of an agency causes a change in the person or persons who control or
				operate the agency, the agency is considered a new agency, and the licensee
				shall apply for a new license and shall comply with this Part and any other
				applicable State and federal rules.
8) Whenever ownership of an agency is sold
				from the person or organization named on the license to another person or
				organization, the new owner shall apply for a new license. The new owner shall
				file an application for license on the renewal/change of ownership application
				at least 30 days prior to the sale.
9) The Department shall 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.
				The former licensee shall return its license to the Department by certified
				mail.