Illinois's HME License, the Accreditation Exemption and the 2028 Repeal

Illinois requires a license from the Department of Financial and Professional Regulation (IDFPR) to provide home medical equipment and services: "No entity shall provide or hold itself out as providing home medical equipment and services or use the title 'home medical equipment and services provider' ... without a license issued by the Department under this Act" (225 ILCS 51/15(a)). Three features set Illinois apart. Its definition of equipment is narrow, its exemption for accredited providers is broad, and every section of the Act is "scheduled to be repealed on January 1, 2028."

Which equipment does the Illinois Act cover?

Only "technologically sophisticated" equipment that carries the federal prescription legend, "Caution: federal law requires dispensing by or on the order of a physician," and is usable at home (51/10(6)). The Act lists:

• oxygen and oxygen delivery systems;
• ventilators;
• respiratory disease management devices, excluding compressor-driven nebulizers;
• wheelchair seating systems;
• apnea monitors;
• TENS units;
• low air-loss pressure management devices and sequential compression devices;
• neonatal home phototherapy devices;
• enteral feeding pumps;
• other similar equipment the Board defines.

It "also includes hospital beds and electronic and computer-driven wheelchairs, excluding scooters." A supplier of off-the-shelf braces, urological supplies or diabetic testing supplies alone may fall outside the definition. A supplier of oxygen, ventilators or power wheelchairs falls inside it.

The services side matters too. A provider is "a legal entity ... engaged in the business of providing home medical equipment and services, whether directly or through a contractual arrangement, to an unrelated sick individual or an unrelated individual with a disability where that individual resides," and services mean "the delivery, installation, maintenance, replacement, or instruction in the use of" the equipment (51/10(4)-(5)).

Who is exempt from the Illinois license?

Section 51/15(b) exempts these, unless they provide home medical equipment and services "through a separate" business:

1. a person licensed under another Illinois law, acting within that profession;
2. "a home medical services provider entity that is accredited under home care standards by a recognized accrediting body";
3. home health agencies without a Medicare Part B supplier number, or that do not provide home medical equipment and services;
4. hospitals, but not hospital-owned or hospital-related equipment providers;
5. manufacturers and wholesale distributors that do not sell directly to a patient;
6. practitioners who prescribe, order or use the equipment to treat their patients;
7. pharmacists, pharmacies and home infusion pharmacies "that are not engaged in the sale or rental of home medical equipment and services";
8. hospice programs that do not sell or rent home medical equipment and services;
9. emergency medical service providers.

Does Medicare accreditation exempt me from the Illinois license?

Not automatically. The exemption is for a provider "accredited under home care standards by a recognized accrediting body," and IDFPR's rule defines that term narrowly: "'Recognized accrediting body' ... shall mean Joint Commission on Accreditation of Health Care Organizations (JCAHO), Accreditation Commission for Home Care Inc. (ACHC) and any other organization recommended by the Board and approved by the Department" (68 Ill. Adm. Code 1253.10).

So a supplier accredited by The Joint Commission or ACHC under home care standards is in the exemption's plain words. A supplier accredited by one of the other CMS-approved DMEPOS accrediting organizations is exempt only if the Board has recommended and IDFPR has approved that organization. CMS approval of an accrediting organization for Medicare is a different thing from IDFPR approval for Illinois. Before you skip the Illinois license on the strength of accreditation, ask IDFPR in writing whether your accrediting organization and program count, and keep the answer in your file.

What does a licensed provider have to show?

The Act's qualifications in 51/35(a):

• compliance with all federal and state licensure and regulatory requirements;
• "a physical facility and medical equipment inventory," with "only one license permitted at each address";
• commercial general liability insurance, including products and professional liability;
• records of annual continuing education for staff in delivery, maintenance, repair, cleaning, inventory control and financial management;
• patient records, equipment management and personnel policies;
• life-sustaining equipment and services "available 24 hours per day and 7 days per week."

The application is "signed by the applicant on forms prescribed by the Department or by electronic form," with a nonrefundable fee, and an applicant has three years to finish or the application is denied and the fee forfeited (51/30). IDFPR may also ask for a personal interview before the Board (51/35(b)).

How much does the Illinois license cost?

Under 68 Ill. Adm. Code 1253.70, the application fee is $300 and renewal "shall be calculated at the rate of $100 per year." A changed name or address on the license costs $150. The Act leaves the expiration date, renewal period and renewal procedures to IDFPR's rules (51/50). Practicing without a license can bring a civil penalty "not to exceed $10,000 for each offense" (51/85).

Why does January 1, 2028 matter?

Each section of the Home Medical Equipment and Services Provider Act carries the note "Section scheduled to be repealed on January 1, 2028" on the Illinois General Assembly's statute pages (copy read through the Internet Archive, February 2026). If the legislature does not extend it, the license itself goes away on that date. Until then it is in force, and an unlicensed, non-exempt provider is exposed to the civil penalty. Round 2028 competitive bidding contracts are scheduled to start no later than January 1, 2028, the same day, so an Illinois bidder needs a current license, or a documented exemption, in PECOS by the close of the bid window and should watch the legislature after that. See Round 2028 competitive bidding.

How do out-of-state suppliers fit?

The sections we read do not separately address providers located outside Illinois. The Act's definition turns on serving individuals "where that individual resides," and the qualifications include "a physical facility and medical equipment inventory." An out-of-state supplier delivering covered equipment to Illinois homes should confirm its status with IDFPR rather than assume either way. More on that pattern in licensing as an out-of-state DME supplier.

Where do we fit for Illinois?

We check your products against the Act's equipment list, document whether your accreditation fits the exemption and draft the written question to IDFPR, or prepare the license application and attachments if you need one ($699, pricing). Your owner or an officer signs, and you pay IDFPR. We track the repeal date for you, and License Renewal Tracking is $299 per license, per year. The Illinois state page has the summary.