97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1281

 

Introduced 2/8/2011, by Sen. William Delgado

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Ambulatory Surgical Treatment Center Act, the Home Health, Home Services, and Home Nursing Agency Licensing Act, the Hospital Licensing Act, and the State Finance Act. Increases the licensure fee to $1500 for ambulatory surgical treatment centers and home health agencies. Establishes a $50 licensure fee per bed for hospitals applying for a license. Changes the name of the Home Care Services Agency Licensure Fund to the Home Health, Health Services, and Home Nursing Agency Licensure Fund. Creates the Ambulatory Surgical Treatment Center Fund and the Hospital Licensure Fund. Further amends the Hospital Licensing Act. Includes the term "violation" in the provision concerning definitions. Sets forth provisions concerning penalties; determining penalties; inspection; emergency closure; whistleblower protection; and judicial review. Makes changes to the provisions concerning notice and hearing; inspections and investigations; informal dispute resolution; findings, conclusions, and citations; patient protection from abuse; Hospital Licensing Board creation and Department of Public Health rules; administrative decisions; and injunction and other relief. Amends the Abused and Neglected Child Reporting Act to set forth a provision concerning an inter-agency agreement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health facilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 5.650 and adding Sections 5.786, and 5.787 as follows:
 
6    (30 ILCS 105/5.650)
7    Sec. 5.650. The Home Health, Health Services, and Home
8Nursing Agency Licensure Fund Home Care Services Agency
9Licensure Fund.
10(Source: P.A. 94-379, eff. 1-1-06.)
 
11    (30 ILCS 105/5.786 new)
12    Sec. 5.786. The Ambulatory Surgical Treatment Center Fund.
 
13    (30 ILCS 105/5.787 new)
14    Sec. 5.787. The Hospital Licensure Fund.
 
15    Section 10. The Ambulatory Surgical Treatment Center Act is
16amended by changing Sections 5 and 6 and by adding Section 12.5
17as follows:
 
18    (210 ILCS 5/5)  (from Ch. 111 1/2, par. 157-8.5)
19    Sec. 5. An application for a license to operate an

 

 

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1ambulatory surgical treatment center shall be made to the
2Department upon forms provided by it and shall contain such
3information as the Department reasonably requires, which may
4include affirmative evidence of ability to comply with the
5provisions of this Act and the standards, rules and
6regulations, promulgated by virtue thereof.
7    All applications required under this Section shall be
8signed by the applicant, verified, and accompanied by a license
9fee of $1500 $500.
10(Source: P.A. 81-224.)
 
11    (210 ILCS 5/6)  (from Ch. 111 1/2, par. 157-8.6)
12    Sec. 6. Upon receipt of an application for a license, the
13Director may deny the application for any of the following
14reasons:
15        (1) Conviction of the applicant, or if the applicant is
16    a firm, partnership or association, of any of its members,
17    or if a corporation, of any of its officers or directors,
18    or of the person designated to manage or supervise the
19    facility, of a felony, or of 2 or more misdemeanors
20    involving moral turpitude, as shown by a certified copy of
21    the record of the court of conviction, or, in the case of
22    the conviction of a misdemeanor by a court not of record,
23    as shown by other evidence, if the Director determines,
24    after investigation, that such person has not been
25    sufficiently rehabilitated to warrant the public trust; or

 

 

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1    other satisfactory evidence that the moral character of the
2    applicant, or manager, or supervisor of the facility is not
3    reputable;
4        (2) The licensure status or record of the applicant, or
5    if the applicant is a firm, partnership or association, of
6    any of its members, or if a corporation, of any of its
7    officers or directors, or of the person designated to
8    manage or supervise the facility, from any other state
9    where the applicant has done business in a similar capacity
10    indicates that granting a license to the applicant would be
11    detrimental to the interests of the public; or
12        (3) The applicant has insufficient financial or other
13    resources to operate and conduct the facility in accordance
14    with the requirements of this Act and the minimum
15    standards, rules and regulations promulgated thereunder.
16    The Director shall only issue a license if he finds that
17the applicant facility complies with this Act and the rules,
18regulations and standards promulgated pursuant thereto and:
19        (a) is under the medical supervision of one or more
20    physicians;
21        (b) permits a surgical procedure to be performed only
22    by a physician, podiatrist or dentist who at the time is
23    privileged to have his patients admitted by himself or an
24    associated physician and is himself privileged to perform
25    surgical procedures in at least one Illinois hospital; and
26        (c) maintains adequate medical records for each

 

 

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1    patient.
2    A license, unless sooner suspended or revoked, shall be
3renewable annually upon approval by the Department and payment
4of a license fee of $1500 $300. Each license shall be issued
5only for the premises and persons named in the application and
6shall not be transferable or assignable. The licenses shall be
7posted in a conspicuous place on the licensed premises. A
8placard or registry of all physicians on staff in the facility
9shall be centrally located and available for inspection to any
10interested person. The Department may, either before or after
11the issuance of a license, request the cooperation of the State
12Fire Marshal. The report and recommendations of this agency
13shall be in writing and shall state with particularity its
14findings with respect to compliance or noncompliance with such
15minimum standards, rules and regulations.
16    The Director may issue a provisional license to any
17ambulatory surgical treatment center which does not
18substantially comply with the provisions of this Act and the
19standards, rules and regulations promulgated by virtue thereof
20provided that he finds that such ambulatory surgical treatment
21center will undertake changes and corrections which upon
22completion will render the ambulatory surgical treatment
23center in substantial compliance with the provisions of this
24Act, and the standards, rules and regulations adopted
25hereunder, and provided that the health and safety of the
26patients of the ambulatory surgical treatment center will be

 

 

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1protected during the period for which such provisional license
2is issued. The Director shall advise the licensee of the
3conditions under which such provisional license is issued,
4including the manner in which the facilities fail to comply
5with the provisions of the Act, standards, rules and
6regulations, and the time within which the changes and
7corrections necessary for such ambulatory surgical treatment
8center to substantially comply with this Act, and the
9standards, rules and regulations of the Department relating
10thereto shall be completed.
11    A person or facility not licensed under this Act or the
12Hospital Licensing Act shall not hold itself out to the public
13as a "surgery center" or as a "center for surgery".
14(Source: P.A. 88-490.)
 
15    (210 ILCS 5/12.5 new)
16    Sec. 12.5. Ambulatory Surgical Treatment Center Fund. The
17Department shall deposit all fees and fines collected in
18relation to the licensure of ambulatory surgical treatment
19centers into the Ambulatory Surgical Treatment Center Fund, a
20special fund created in the State Treasury, for the purpose of
21providing funding for the administration of the licensure
22program for ambulatory surgical treatment centers.
 
23    Section 15. The Home Health, Home Services, and Home
24Nursing Agency Licensing Act is amended by changing Sections 4

 

 

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1and 10.05 as follows:
 
2    (210 ILCS 55/4)  (from Ch. 111 1/2, par. 2804)
3    Sec. 4. Types of licenses.
4    (a) If an applicant for licensure has not been previously
5licensed, or if the home health agency, home services agency,
6or home nursing agency is not in operation at the time
7application is made, the Department may issue a provisional
8license. A provisional license shall be valid for a period of
9120 days unless sooner suspended or revoked pursuant to Section
109 of this Act. Within 30 days prior to the termination of a
11provisional license, the Department shall inspect the agency
12and, if the applicant substantially meets the requirements for
13licensure, it shall issue a license under this Section. If the
14Department finds that a holder of a provisional license does
15not substantially meet the requirements for licensure, but has
16made significant progress toward meeting those requirements,
17the Director may renew the provisional license once for a
18period not to exceed 120 days from the expiration date of the
19initial provisional license.
20    (b)(1) The Director may also issue a provisional license to
21any licensed agency which does not substantially comply with
22the provisions of this Act and the rules promulgated hereunder,
23provided he finds that the health, safety, and well-being of
24the clients of the agency will be protected during the period
25for which such provisional license is issued. The term of such

 

 

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1provisional license shall not exceed 120 days.
2    (2) The Director shall advise the licensee of the
3conditions under which such provisional license is issued,
4including the manner in which the licensee fails to comply with
5the provisions of the Act or rules, and the time within which
6the corrections necessary for the agency to substantially
7comply with the Act and rules shall be completed.
8    (3) The Director, at his discretion, may extend the term of
9such provisional license for an additional 120 days, if he
10finds that the agency has made substantial progress toward
11correcting the violations and bringing the agency into full
12compliance with this Act and the rules promulgated hereunder.
13    (c) An annual license shall be issued to any person
14conducting or maintaining a home health agency upon receipt of
15an application and payment of the licensure fee, and when the
16other requirements of this Act, and the standards, rules and
17regulations promulgated hereunder, are met. The fee for each
18single home health agency license or any renewal shall be $1500
19$25.
20    (d) The Department shall establish, by rule, a system
21whereby an entity that meets the requirements for licensure may
22obtain licensure singly or in any combination for the
23categories authorized under this Act. The Department shall
24develop and implement one application to be used even if a
25combination of licenses authorized under the Act is sought.
26Applicants for multiple licenses under this system shall pay

 

 

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1the higher of the licensure fees applicable. Fees collected
2under this system shall be deposited into the Home Health, Home
3Services, and Home Nursing Agency Licensure Fund Home Care
4Services Agency Licensure Fund.
5(Source: P.A. 94-379, eff. 1-1-06.)
 
6    (210 ILCS 55/10.05)
7    Sec. 10.05. Home Health, Home Services, and Home Nursing
8Agency Licensure Fund Home Care Services Agency Licensure Fund.
9The Department shall deposit all fees and fines collected in
10relation to the licensure of home health agencies, home
11services agencies, and home nursing agencies into the Home
12Health, Home Services, and Home Nursing Agency Licensure Fund
13Home Care Services Agency Licensure Fund, a special fund
14created in the State treasury, for the purpose of providing
15funding for the administration of the program of home health
16agencies, home services agency, and home nursing agency
17licensure.
18(Source: P.A. 94-379, eff. 1-1-06.)
 
19    Section 20. The Hospital Licensing Act is amended by
20changing Sections 3, 5, 6, 7, 9, 9.3, 9.4, 9.6, 10, 13, and 15
21and by adding Sections 7.1, 7.2, 7.3, 7.4, 7.6, 13.1, and 14.5
22as follows:
 
23    (210 ILCS 85/3)

 

 

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1    Sec. 3. Definitions. As used in this Act:
2    (A) "Hospital" means any institution, place, building, or
3agency, public or private, whether organized for profit or not,
4devoted primarily to the maintenance and operation of
5facilities for the diagnosis and treatment or care of 2 or more
6unrelated persons admitted for overnight stay or longer in
7order to obtain medical, including obstetric, psychiatric and
8nursing, care of illness, disease, injury, infirmity, or
9deformity.
10    The term "hospital", without regard to length of stay,
11shall also include:
12        (a) any facility which is devoted primarily to
13    providing psychiatric and related services and programs
14    for the diagnosis and treatment or care of 2 or more
15    unrelated persons suffering from emotional or nervous
16    diseases;
17        (b) all places where pregnant females are received,
18    cared for, or treated during delivery irrespective of the
19    number of patients received.
20    The term "hospital" includes general and specialized
21hospitals, tuberculosis sanitaria, mental or psychiatric
22hospitals and sanitaria, and includes maternity homes,
23lying-in homes, and homes for unwed mothers in which care is
24given during delivery.
25    The term "hospital" does not include:
26        (1) any person or institution required to be licensed

 

 

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1    pursuant to the Nursing Home Care Act or the MR/DD
2    Community Care Act;
3        (2) hospitalization or care facilities maintained by
4    the State or any department or agency thereof, where such
5    department or agency has authority under law to establish
6    and enforce standards for the hospitalization or care
7    facilities under its management and control;
8        (3) hospitalization or care facilities maintained by
9    the federal government or agencies thereof;
10        (4) hospitalization or care facilities maintained by
11    any university or college established under the laws of
12    this State and supported principally by public funds raised
13    by taxation;
14        (5) any person or facility required to be licensed
15    pursuant to the Alcoholism and Other Drug Abuse and
16    Dependency Act;
17        (6) any facility operated solely by and for persons who
18    rely exclusively upon treatment by spiritual means through
19    prayer, in accordance with the creed or tenets of any
20    well-recognized church or religious denomination;
21        (7) an Alzheimer's disease management center
22    alternative health care model licensed under the
23    Alternative Health Care Delivery Act; or
24        (8) any veterinary hospital or clinic operated by a
25    veterinarian or veterinarians licensed under the
26    Veterinary Medicine and Surgery Practice Act of 2004 or

 

 

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1    maintained by a State-supported or publicly funded
2    university or college.
3    (B) "Person" means the State, and any political subdivision
4or municipal corporation, individual, firm, partnership,
5corporation, company, association, or joint stock association,
6or the legal successor thereof.
7    (C) "Department" means the Department of Public Health of
8the State of Illinois.
9    (D) "Director" means the Director of Public Health of the
10State of Illinois.
11    (E) "Perinatal" means the period of time between the
12conception of an infant and the end of the first month after
13birth.
14    (F) "Federally designated organ procurement agency" means
15the organ procurement agency designated by the Secretary of the
16U.S. Department of Health and Human Services for the service
17area in which a hospital is located; except that in the case of
18a hospital located in a county adjacent to Wisconsin which
19currently contracts with an organ procurement agency located in
20Wisconsin that is not the organ procurement agency designated
21by the U.S. Secretary of Health and Human Services for the
22service area in which the hospital is located, if the hospital
23applies for a waiver pursuant to 42 USC 1320b-8(a), it may
24designate an organ procurement agency located in Wisconsin to
25be thereafter deemed its federally designated organ
26procurement agency for the purposes of this Act.

 

 

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1    (G) "Tissue bank" means any facility or program operating
2in Illinois that is certified by the American Association of
3Tissue Banks or the Eye Bank Association of America and is
4involved in procuring, furnishing, donating, or distributing
5corneas, bones, or other human tissue for the purpose of
6injecting, transfusing, or transplanting any of them into the
7human body. "Tissue bank" does not include a licensed blood
8bank. For the purposes of this Act, "tissue" does not include
9organs.
10    (H) "Violation" is designated as follows:
11        (a) "Type 'AA' violation" means any of the following:
12            (1) a violation of this Act or the standards,
13        rules, and regulations established by virtue of this
14        Act that creates a condition or occurrence relating to
15        the operation and maintenance of a hospital that
16        proximately caused a patient's death;
17            (2) the failure of a licensee to comply with 5 or
18        more but less than 7 regulatory Code Sections that have
19        been identified with high risk designations; or
20            (3) the failure of a licensee to comply with 7 or
21        more regulatory Code Sections that have not been
22        identified with high risk designations.
23        (b) "Type 'A' violation" means any of the following:
24            (1) a violation of this Act or the standards,
25        rules, and regulations established by virtue of this
26        Act that creates a condition or occurrence relating to

 

 

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1        the operation and maintenance of a hospital that (i)
2        creates a substantial probability that the risk of
3        death or serious mental or physical harm to a patient
4        will result therefrom or (ii) has resulted in actual
5        physical or mental harm to a patient;
6            (2) the failure of a licensee to comply with 3 or
7        more but less than 5 regulatory Code Sections that have
8        been identified with high risk designations; or
9            (3) the failure of a licensee to comply with 5 or
10        more regulatory Code Sections that have not been
11        identified with high risk designations.
12        (c) "Type 'B' violation" means any of the following:
13            (1) a violation of this Act or the standards,
14        rules, and regulations established by virtue of this
15        Act that creates a condition or occurrence relating to
16        the operation and maintenance of a hospital that is
17        more likely than not to cause more than minimal
18        physical or mental harm to a patient;
19            (2) the failure of a licensee to comply with one or
20        more but less than 3 regulatory Code Sections that have
21        been identified with high risk designations; or
22            (3) the failure of a licensee to comply with 3 or
23        more regulatory Code Sections that have not been
24        identified with high risk designations.
25        (d) "Type 'C' violation" means any of the following:
26            (1) a violation of this Act or the standards,

 

 

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1        rules, and regulations established by virtue of this
2        Act that creates a condition or occurrence relating to
3        the operation and maintenance of a hospital that
4        creates a substantial probability that minimal or less
5        than minimal physical or mental harm to a resident will
6        result therefrom; or
7            (2) the failure of a licensee with comply with one
8        or more regulatory Code Sections that have not been
9        identified with high risk designations.
10    Nothing shall be deemed a violation under subparagraph (1)
11of paragraph (a), subparagraph (1) of paragraph (b),
12subparagraph (1) of paragraph (c), or subparagraph (1) of
13paragraph (d) of this Section if the condition or occurrence
14giving rise to the violation arises from a physician licensed
15to practice medicine in all its branches or a duly licensed
16nurse providing care within the scope of his or her
17professional judgment and within the accepted standards of care
18within the community.
19    (I) "High risk designation" means a regulatory Code Section
20or subsection that has been identified by the Department
21through rulemaking to be inherently necessary to the health,
22safety, and welfare of a hospital patient or the public.
23(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;
2496-1000, eff. 7-2-10.)
 
25    (210 ILCS 85/5)  (from Ch. 111 1/2, par. 146)

 

 

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1    Sec. 5. (a) An application for a permit to establish a
2hospital shall be made to the Department upon forms provided by
3it. This application shall contain such information as the
4Department reasonably requires, which shall include
5affirmative evidence on which the Director may make the
6findings required under Section 6a of this Act.
7    (b) An application for a license to open, conduct, operate,
8and maintain a hospital shall be made to the Department upon
9forms provided by it, accompanied by a license fee of $50 per
10bed, and shall contain such information as the Department
11reasonably requires, which may include affirmative evidence of
12ability to comply with the provisions of this Act and the
13standards, rules, and regulations, promulgated by virtue
14thereof.
15    (c) All applications required under this Section shall be
16signed by the applicant and shall be verified. Applications on
17behalf of a corporation or association or a governmental unit
18or agency shall be made and verified by any two officers
19thereof.
20(Source: Laws 1965, p. 2350.)
 
21    (210 ILCS 85/6)  (from Ch. 111 1/2, par. 147)
22    Sec. 6. (a) Upon receipt of an application for a permit to
23establish a hospital the Director shall issue a permit if he
24finds (1) that the applicant is fit, willing, and able to
25provide a proper standard of hospital service for the community

 

 

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1with particular regard to the qualification, background, and
2character of the applicant, (2) that the financial resources
3available to the applicant demonstrate an ability to construct,
4maintain, and operate a hospital in accordance with the
5standards, rules, and regulations adopted pursuant to this Act,
6and (3) that safeguards are provided which assure hospital
7operation and maintenance consistent with the public interest
8having particular regard to safe, adequate, and efficient
9hospital facilities and services.
10    The Director may request the cooperation of county and
11multiple-county health departments, municipal boards of
12health, and other governmental and non-governmental agencies
13in obtaining information and in conducting investigations
14relating to such applications.
15    A permit to establish a hospital shall be valid only for
16the premises and person named in the application for such
17permit and shall not be transferable or assignable.
18    In the event the Director issues a permit to establish a
19hospital the applicant shall thereafter submit plans and
20specifications to the Department in accordance with Section 8
21of this Act.
22    (b) Upon receipt of an application for license to open,
23conduct, operate, and maintain a hospital, the Director shall
24issue a license if he finds the applicant and the hospital
25facilities comply with standards, rules, and regulations
26promulgated under this Act. A license, unless sooner suspended

 

 

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1or revoked, shall be renewable annually upon approval by the
2Department and payment of a license fee of $50 per bed. Each
3license shall be issued only for the premises and persons named
4in the application and shall not be transferable or assignable.
5Licenses shall be posted in a conspicuous place on the licensed
6premises. The Department may, either before or after the
7issuance of a license, request the cooperation of the State
8Fire Marshal, county and multiple county health departments, or
9municipal boards of health to make investigations to determine
10if the applicant or licensee is complying with the minimum
11standards prescribed by the Department. The report and
12recommendations of any such agency shall be in writing and
13shall state with particularity its findings with respect to
14compliance or noncompliance with such minimum standards,
15rules, and regulations.
16    The Director may issue a provisional license to any
17hospital which does not substantially comply with the
18provisions of this Act and the standards, rules, and
19regulations promulgated by virtue thereof provided that he
20finds that such hospital has undertaken changes and corrections
21which upon completion will render the hospital in substantial
22compliance with the provisions of this Act, and the standards,
23rules, and regulations adopted hereunder, and provided that the
24health and safety of the patients of the hospital will be
25protected during the period for which such provisional license
26is issued. The Director shall advise the licensee of the

 

 

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1conditions under which such provisional license is issued,
2including the manner in which the hospital facilities fail to
3comply with the provisions of the Act, standards, rules, and
4regulations, and the time within which the changes and
5corrections necessary for such hospital facilities to
6substantially comply with this Act, and the standards, rules,
7and regulations of the Department relating thereto shall be
8completed.
9(Source: P.A. 80-56.)
 
10    (210 ILCS 85/7)  (from Ch. 111 1/2, par. 148)
11    Sec. 7. Notice and hearing.
12    (a) The Director after notice and opportunity for hearing
13to the applicant or licensee may do any or all of the
14following:
15        (1) Deny deny, suspend, or revoke a permit to establish
16    a hospital or deny, suspend, or revoke a license to open,
17    conduct, operate, and maintain a hospital in any case in
18    which the Director he finds that there has been a
19    substantial failure to comply with the provisions of this
20    Act, the Hospital Report Card Act, or the Illinois Adverse
21    Health Care Events Reporting Law of 2005 or the standards,
22    rules, and regulations established by virtue of any of
23    those Acts. A substantial failure by an applicant or
24    licensee shall include, but not be limited to, any of the
25    following:

 

 

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1            (A) A failure by the hospital to pay any fine
2        assessed under this Act after the Department has sent
3        to the hospital at least 2 notices of assessment that
4        include a schedule of payments as determined by the
5        Department, taking into account extenuating
6        circumstances and financial hardships of the hospital.
7            (B) Conviction of the licensee, or of the person
8        designated to manage or supervise the hospital, of a
9        felony or of 2 or more misdemeanors involving moral
10        turpitude, including, but not limited to, criminal
11        sexual abuse as defined in the Criminal Code of 1961
12        during the previous 5 years as shown by a certified
13        copy of the record of the court of conviction.
14            (C) Personnel is insufficient in number or
15        unqualified by training or experience to properly care
16        for the number and type of patients served by the
17        hospital.
18            (D) Financial or other resources are insufficient
19        to conduct and operate the hospital in accordance with
20        the standards, rules, and regulations established by
21        virtue of this Act.
22            (E) The hospital has committed 2 Type "AA"
23        violations or 4 Type "A" violations within a 2-year
24        period.
25        (2) Impose The Department may impose fines on
26    hospitals, not to exceed $500 per occurrence, for failing

 

 

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1    to initiate a criminal background check on a patient that
2    meets the criteria for hospital-initiated background
3    checks. In assessing whether to impose such a fine, the
4    Department shall consider various factors including, but
5    not limited to, whether the hospital has engaged in a
6    pattern or practice of failing to initiate criminal
7    background checks.
8        (3) Impose fines on hospitals for any other violation
9    of this Act or the standards, rules, and regulations
10    established by virtue of this Act as set forth in Section
11    7.1. Money from fines imposed under paragraphs (2) or (3)
12    of this subsection shall be deposited into the Hospital
13    Licensure Long Term Care Provider Fund.
14    (b) Such notice shall be effected by registered mail or by
15personal service setting forth the particular reasons for the
16proposed action and fixing a date, not less than 15 days from
17the date of such mailing or service, at which time the
18applicant or licensee shall be given an opportunity for a
19hearing. Such hearing shall be conducted by the Director or by
20an employee of the Department designated in writing by the
21Director as Hearing Officer to conduct the hearing. On the
22basis of any such hearing, or upon default of the applicant or
23licensee, the Director shall make a determination specifying
24his findings and conclusions. In case of a denial to an
25applicant of a permit to establish a hospital, such
26determination shall specify the subsection of Section 6 under

 

 

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1which the permit was denied and shall contain findings of fact
2forming the basis of such denial. A copy of such determination
3shall be sent by registered mail or served personally upon the
4applicant or licensee. The decision denying, suspending, or
5revoking a permit or a license shall become final 35 days after
6it is so mailed or served, unless the applicant or licensee,
7within such 35 day period, petitions for review pursuant to
8Section 13. Any decision upholding a violation or fine imposed
9under Section 7.1 of this Act shall become final 15 days after
10it is so mailed or served, unless the applicant or licensee
11within such 15-day period petitions for review pursuant to
12Section 13 of this Act.
13    (c) The procedure governing hearings authorized by this
14Section shall be in accordance with rules promulgated by the
15Department and approved by the Hospital Licensing Board. A full
16and complete record shall be kept of all proceedings, including
17the notice of hearing, complaint, and all other documents in
18the nature of pleadings, written motions filed in the
19proceedings, and the report and orders of the Director and
20Hearing Officer. All testimony shall be reported but need not
21be transcribed unless the decision is appealed pursuant to
22Section 13. A copy or copies of the transcript may be obtained
23by any interested party on payment of the cost of preparing
24such copy or copies.
25    (d) The Director or Hearing Officer shall upon his own
26motion, or on the written request of any party to the

 

 

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1proceeding, issue subpoenas requiring the attendance and the
2giving of testimony by witnesses, and subpoenas duces tecum
3requiring the production of books, papers, records, or
4memoranda. All subpoenas and subpoenas duces tecum issued under
5the terms of this Act may be served by any person of full age.
6The fees of witnesses for attendance and travel shall be the
7same as the fees of witnesses before the Circuit Court of this
8State, such fees to be paid when the witness is excused from
9further attendance. When the witness is subpoenaed at the
10instance of the Director, or Hearing Officer, such fees shall
11be paid in the same manner as other expenses of the Department,
12and when the witness is subpoenaed at the instance of any other
13party to any such proceeding the Department may require that
14the cost of service of the subpoena or subpoena duces tecum and
15the fee of the witness be borne by the party at whose instance
16the witness is summoned. In such case, the Department in its
17discretion, may require a deposit to cover the cost of such
18service and witness fees. A subpoena or subpoena duces tecum
19issued as aforesaid shall be served in the same manner as a
20subpoena issued out of a court.
21    (e) Any Circuit Court of this State upon the application of
22the Director, or upon the application of any other party to the
23proceeding, may, in its discretion, compel the attendance of
24witnesses, the production of books, papers, records, or
25memoranda and the giving of testimony before the Director or
26Hearing Officer conducting an investigation or holding a

 

 

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1hearing authorized by this Act, by an attachment for contempt,
2or otherwise, in the same manner as production of evidence may
3be compelled before the court.
4    (f) The Director or Hearing Officer, or any party in an
5investigation or hearing before the Department, may cause the
6depositions of witnesses within the State to be taken in the
7manner prescribed by law for like depositions in civil actions
8in courts of this State, and to that end compel the attendance
9of witnesses and the production of books, papers, records, or
10memoranda.
11(Source: P.A. 96-1372, eff. 7-29-10.)
 
12    (210 ILCS 85/7.1 new)
13    Sec. 7.1. Penalties.
14    (a) The licensee of a hospital that is in violation of any
15provision of this Act or the standards, rules, and regulations
16established by virtue of this Act may be subject to the
17penalties or fines levied by the Department as specified in
18this Section. The penalties and fines are as follows:
19        (1) A licensee who commits a Type "AA" violation, as
20    defined in Section 3 of this Act, may be assessed a fine of
21    up to $50,000 per violation and may be issued a provisional
22    license pursuant to Section 6 of this Act.
23        (2) A licensee who commits a Type "A" violation, as
24    defined in Section 3 of this Act, may be assessed a fine of
25    up to $25,0000 per violation and may be issued a

 

 

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1    provisional license pursuant to Section 6 of this Act.
2        (3) A licensee who commits a Type "B" violation, as
3    defined in Section 3 of this Act, may be assessed a fine of
4    up to $10,000 per violation.
5        (4) A licensee who commits 10 or more Type "C"
6    violations, as defined in Section 3 of this Act, may be
7    assessed a fine of up to $1,000 per violation.
8    (b) The maximum fines that may be assessed pursuant to this
9Section shall be twice those otherwise specified for any
10hospital that willfully makes a misstatement of fact to the
11Department or willfully fails to make a required notification
12to the Department if that misstatement or failure substantially
13impairs the Department's investigation.
14    (c) If the Department finds that a facility that has a high
15risk designation, as defined in Section 3 of this Act, has
16violated a provision of the Illinois Administrative Code or
17that a facility has violated the same provision of the Illinois
18Administrative Code 3 or more times in the previous 12 months,
19then the Department may assess a fine of up to 2 times the
20maximum fine otherwise allowed.
 
21    (210 ILCS 85/7.2 new)
22    Sec. 7.2. Determining penalty. In determining whether a
23penalty is to be imposed and in determining the amount of the
24penalty to be imposed, if any, for a violation, the Director
25shall consider the following factors, but shall not be required

 

 

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1to assign a specific value to each one:
2        (1) the gravity of the violation, including the
3    probability that death or serious physical or mental harm
4    to a patient will result or has resulted, the severity of
5    the actual or potential harm, and the extent to which the
6    provisions of the applicable statutes, standards, or
7    regulations were violated;
8        (2) the reasonable diligence exercised by the licensee
9    and efforts to correct violations;
10        (3) any previous violations committed by the licensee;
11        (4) the financial benefit to the facility of committing
12    or continuing the violation; and
13        (5) the number of patients affected by the violation.
 
14    (210 ILCS 85/7.3 new)
15    Sec. 7.3. Inspection. Any holder of a license or applicant
16for a license shall be deemed to have given consent to any
17authorized officer, employee, or agent of the Department to
18enter and inspect the hospital in accordance with this Act.
19Refusal to permit such entry or inspection shall constitute
20grounds for denial, suspension, or revocation of a license as
21provided in Section 7 of this Act.
 
22    (210 ILCS 85/7.4 new)
23    Sec. 7.4. Emergency closure. Whenever the Department finds
24that an emergency exists that requires immediate action to

 

 

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1protect the public health, it may, without notice or hearing,
2issue an order reciting the existence of such an emergency and
3then require that such action be taken as it may deem necessary
4to meet the emergency, including, but not limited to, closure
5of a hospital. Notwithstanding any other provision in this Act,
6such order shall be effective immediately. The State's Attorney
7and sheriff of the county in which the hospital is located or
8the Attorney General shall enforce the order after receiving
9notice thereof. Any licensee affected by such an order is
10entitled, upon request, to a hearing as provided for in rules
11adopted pursuant to this Act. When such emergency conditions
12are abated in the opinion of the Department, the Department may
13authorize reopening the hospital.
 
14    (210 ILCS 85/7.6 new)
15    Sec. 7.6. Whistleblower protection.
16    (a) In this Section, "retaliatory action" means the
17reprimand, discharge, suspension, demotion, denial of
18promotion or transfer, or change in the terms and conditions of
19employment of any employee of a hospital that is taken in
20retaliation for the employee's involvement in a protected
21activity as set forth in paragraphs (1) through (3) of
22subsection (b) of this Section.
23    (b) A hospital through its administrator, agent, or
24employee shall not take any retaliatory action against another
25employee of a hospital because the employee does any of the

 

 

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1following:
2        (1) Discloses or threatens to disclose to a supervisor
3    or to a public body an activity, inaction, policy, or
4    practice implemented by a hospital that the employee
5    reasonably believes is in violation of a law, rule, or
6    regulation.
7        (2) Provides information to or testifies before any
8    public body conducting an investigation, hearing, or
9    inquiry into any violation of a law, rule, or regulation by
10    the hospital.
11        (3) Assists or participates in a proceeding to enforce
12    the provisions of this Act.
13    (c) A violation of this Section may be established only
14upon a finding that (i) the hospital engaged in conduct
15described in subsection (b) of this Section and (ii) this
16conduct was a contributing factor in the retaliatory action
17alleged by the employee. There is no violation of this Section,
18however, if the hospital demonstrates by clear and convincing
19evidence that it would have taken the same unfavorable
20personnel action in the absence of that conduct.
21    (d) The employee of the facility may be awarded all
22remedies necessary to make the employee whole and to prevent
23future violations of this Section. Remedies imposed by the
24court may include, but are not limited to, all of the
25following:
26        (1) Reinstatement of the employee to either the same

 

 

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1    position held before the retaliatory action or to an
2    equivalent position.
3        (2) Two times the amount of back pay.
4        (3) Interest on the back pay.
5        (4) Reinstatement of full fringe benefits and
6    seniority rights.
7        (5) Payment of reasonable costs and attorney's fees.
8    (e) Nothing in this Section shall be deemed to diminish the
9rights, privileges, or remedies of an employee of a hospital
10under any other federal or State law, rule, or regulation or
11under any employment contract.
 
12    (210 ILCS 85/9)  (from Ch. 111 1/2, par. 150)
13    Sec. 9. Inspections and investigations.
14    (a) The Department shall make or cause to be made such
15inspections and investigations as it deems necessary, except
16that, subject to appropriation, the Department shall
17investigate every allegation of abuse of a patient received by
18the Department. Information received by the Department through
19filed reports, inspection, or as otherwise authorized under
20this Act shall not be disclosed publicly in such manner as to
21identify individuals or hospitals, except (i) in a proceeding
22involving the denial, suspension, or revocation of a permit to
23establish a hospital or a proceeding involving the denial,
24suspension, or revocation of a license to open, conduct,
25operate, and maintain a hospital, (ii) to the Department of

 

 

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1Children and Family Services in the course of a child abuse or
2neglect investigation conducted by that Department or by the
3Department of Public Health, (iii) in accordance with Section
46.14a of this Act, or (iv) in other circumstances as may be
5approved by the Department Hospital Licensing Board.
6    (b) Individuals employed by a hospital licensed by the
7Department shall be required to indicate in writing whether
8they agree or disagree with any interview statement as written
9by a surveyor conducting an inspection or investigation and
10shall sign the interview statement. Failure to comply with this
11provision shall result in a rebuttable presumption that the
12interview statement was accurately recorded by the surveyor.
13(Source: P.A. 96-692, eff. 1-1-10.)
 
14    (210 ILCS 85/9.3)
15    Sec. 9.3. Informal dispute resolution. The Department may
16must offer an opportunity for informal dispute resolution
17concerning Department rules and standards before the advisory
18committee under subsection (b) of Section 2310-560 of the
19Department of Public Health Powers and Duties Law of the Civil
20Administrative Code of Illinois. Participants in this process
21must include representatives from the Department,
22representatives of the hospital, and additional
23representatives deemed appropriate by both parties with
24expertise regarding the contested deficiencies and the
25management of health care facilities. If the Department does

 

 

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1not resolve disputed deficiencies after the informal dispute
2resolution process, the Department must provide a written
3explanation to the hospital of why the deficiencies have not
4been removed from the statement of deficiencies.
5(Source: P.A. 92-803, eff. 8-16-02; 93-41, eff. 6-27-03.)
 
6    (210 ILCS 85/9.4)
7    Sec. 9.4. Findings, conclusions, and citations. The
8Department must consider any factual information offered by the
9hospital during the survey, inspection, or investigation, at
10daily status briefings, and in the exit briefing required under
11Section 9.2 before making final findings and conclusions or
12issuing violations citations. The Department must document
13receipt of such information. The Department must provide the
14hospital with written notice of its findings and conclusions
15within 10 days of the exit briefing required under Section 9.2.
16This notice must provide the following information: (i)
17identification of all deficiencies and areas of noncompliance
18with applicable law; (ii) identification of the applicable
19statutes, rules, codes, or standards that were violated; and
20(iii) the factual basis for each deficiency or violation, and
21(iv) any fines or penalties assessed as the result of each
22deficiency or violation.
23(Source: P.A. 93-41, eff. 6-27-03.)
 
24    (210 ILCS 85/9.6)

 

 

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1    Sec. 9.6. Patient protection from abuse.
2    (a) No administrator, agent, or employee of a hospital or a
3member of its medical staff may abuse a patient in the
4hospital.
5    (b) Any hospital administrator, agent, employee, or
6medical staff member who has reasonable cause to believe that
7any patient with whom he or she has direct contact has been
8subjected to abuse in the hospital shall promptly report or
9cause a report to be made to a designated hospital
10administrator responsible for providing such reports to the
11Department as required by this Section.
12    (c) Retaliation against a person who lawfully and in good
13faith makes a report under this Section is prohibited, as
14provided in Section 7.5 of this Act.
15    (d) Upon receiving a report under subsection (b) of this
16Section, the hospital shall submit the report to the Department
17within 24 hours of obtaining such report. In the event that the
18hospital receives multiple reports involving a single alleged
19instance of abuse, the hospital shall submit one report to the
20Department.
21    (e) Upon receiving a report under this Section, the
22hospital shall promptly conduct an internal review to ensure
23the alleged victim's safety. Measures to protect the alleged
24victim shall be taken as deemed necessary by the hospital's
25administrator and may include, but are not limited to, removing
26suspected violators from further patient contact during the

 

 

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1hospital's internal review. If the alleged victim lacks
2decision-making capacity under the Health Care Surrogate Act
3and no health care surrogate is available, the hospital may
4contact the Illinois Guardianship and Advocacy Commission to
5determine the need for a temporary guardian of that person.
6    (f) All internal hospital reviews shall be conducted by a
7designated hospital employee or agent who is qualified to
8detect abuse and is not involved in the alleged victim's
9treatment. All internal review findings must be documented and
10filed according to hospital procedures and shall be made
11available to the Department upon request.
12    (g) Any other person may make a report of patient abuse to
13the Department if that person has reasonable cause to believe
14that a patient has been abused in the hospital.
15    (h) The report required under this Section shall include:
16the name of the patient; the name and address of the hospital
17treating the patient; the age of the patient; the nature of the
18patient's condition, including any evidence of previous
19injuries or disabilities; and any other information that the
20reporter believes might be helpful in establishing the cause of
21the reported abuse and the identity of the person believed to
22have caused the abuse.
23    (i) Except for willful or wanton misconduct, any
24individual, person, institution, or agency participating in
25good faith in the making of a report under this Section, or in
26the investigation of such a report or in making a disclosure of

 

 

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1information concerning reports of abuse under this Section,
2shall have immunity from any liability, whether civil,
3professional, or criminal, that otherwise might result by
4reason of such actions. For the purpose of any proceedings,
5whether civil, professional, or criminal, the good faith of any
6persons required to report cases of suspected abuse under this
7Section or who disclose information concerning reports of abuse
8in compliance with this Section, shall be presumed.
9    (j) No administrator, agent, or employee of a hospital
10shall adopt or employ practices or procedures designed to
11discourage good faith reporting of patient abuse under this
12Section.
13    (k) Every hospital shall ensure that all new and existing
14employees are trained in the detection and reporting of abuse
15of patients and retrained at least every 2 years thereafter.
16    (l) The Department shall investigate each report of patient
17abuse made under this Section according to the procedures of
18the Department, except that a report of abuse which indicates
19that a patient's life or safety is in imminent danger shall be
20investigated within 24 hours of such report. Under no
21circumstances may a hospital's internal review of an allegation
22of abuse replace an investigation of the allegation by the
23Department.
24    (m) The Department shall keep a continuing record of all
25reports made pursuant to this Section, including indications of
26the final determination of any investigation and the final

 

 

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1disposition of all reports. The Department shall inform the
2investigated hospital and any other person making a report
3under subsection (g) of its final determination or disposition
4in writing.
5    (n) The Department shall not disclose to the public any
6information regarding any reports and investigations under
7this Section unless and until the report of abuse is
8substantiated following a full and proper investigation.
9    (o) All patient identifiable information in any report or
10investigation under this Section shall be confidential and
11shall not be disclosed except as authorized by this Act or
12other applicable law.
13    (p) Nothing in this Section relieves a hospital
14administrator, employee, agent, or medical staff member from
15contacting appropriate law enforcement authorities as required
16by law.
17    (q) Nothing in this Section shall be construed to mean that
18a patient is a victim of abuse because of health care services
19provided or not provided by health care professionals.
20    (r) Nothing in this Section shall require a hospital,
21including its employees, agents, and medical staff members, to
22provide any services to a patient in contravention of his or
23her stated or implied objection thereto upon grounds that such
24services conflict with his or her religious beliefs or
25practices, nor shall such a patient be considered abused under
26this Section for the exercise of such beliefs or practices.

 

 

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1    (s) The Department's implementation of this Section is
2subject to appropriations to the Department for that purpose.
3    (t) As used in this Section, the following terms have the
4following meanings:
5    "Abuse" means any physical or mental injury or sexual abuse
6intentionally inflicted by a hospital employee, agent, or
7medical staff member on a patient of the hospital and does not
8include any hospital, medical, health care, or other personal
9care services done in good faith in the interest of the patient
10according to established medical and clinical standards of
11care.
12    "Mental injury" means intentionally caused emotional
13distress in a patient from words or gestures that would be
14considered by a reasonable person to be humiliating, harassing,
15or threatening and which causes observable and substantial
16impairment.
17    "Sexual abuse" means any intentional act of sexual contact
18or sexual penetration of a patient in the hospital.
19    "Substantiated", with respect to a report of abuse, means
20that a preponderance of the evidence indicates that abuse
21occurred.
22(Source: P.A. 96-692, eff. 1-1-10.)
 
23    (210 ILCS 85/10)  (from Ch. 111 1/2, par. 151)
24    Sec. 10. Board creation; Department rules.
25    (a) The Governor shall appoint a Hospital Licensing Board

 

 

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1composed of 14 persons, which shall advise and consult with the
2Director in the administration of this Act. The Secretary of
3Human Services (or his or her designee) shall serve on the
4Board, along with one additional representative of the
5Department of Human Services to be designated by the Secretary.
6Four appointive members shall represent the general public and
72 of these shall be members of hospital governing boards; one
8appointive member shall be a registered professional nurse or
9advanced practice, nurse as defined in the Nurse Practice Act,
10who is employed in a hospital; 3 appointive members shall be
11hospital administrators actively engaged in the supervision or
12administration of hospitals; 2 appointive members shall be
13practicing physicians, licensed in Illinois to practice
14medicine in all of its branches; and one appointive member
15shall be a physician licensed to practice podiatric medicine
16under the Podiatric Medical Practice Act of 1987; and one
17appointive member shall be a dentist licensed to practice
18dentistry under the Illinois Dental Practice Act. In making
19Board appointments, the Governor shall give consideration to
20recommendations made through the Director by professional
21organizations concerned with hospital administration for the
22hospital administrative and governing board appointments,
23registered professional nurse organizations for the registered
24professional nurse appointment, professional medical
25organizations for the physician appointments, and professional
26dental organizations for the dentist appointment.

 

 

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1    (b) Each appointive member shall hold office for a term of
23 years, except that any member appointed to fill a vacancy
3occurring prior to the expiration of the term for which his
4predecessor was appointed shall be appointed for the remainder
5of such term and the terms of office of the members first
6taking office shall expire, as designated at the time of
7appointment, 2 at the end of the first year, 2 at the end of the
8second year, and 3 at the end of the third year, after the date
9of appointment. The initial terms of office of the 2 additional
10members representing the general public provided for in this
11Section shall expire at the end of the third year after the
12date of appointment. The term of office of each original
13appointee shall commence July 1, 1953; the term of office of
14the original registered professional nurse appointee shall
15commence July 1, 1969; the term of office of the original
16licensed podiatrist appointee shall commence July 1, 1981; the
17term of office of the original dentist appointee shall commence
18July 1, 1987; and the term of office of each successor shall
19commence on July 1 of the year in which his predecessor's term
20expires. Board members, while serving on business of the Board,
21shall receive actual and necessary travel and subsistence
22expenses while so serving away from their places of residence.
23The Board shall meet as frequently as the Director deems
24necessary, but not less than once a year. Upon request of 5 or
25more members, the Director shall call a meeting of the Board.
26    (c) The Director shall prescribe rules, regulations,

 

 

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1standards, and statements of policy needed to implement,
2interpret, or make specific the provisions and purposes of this
3Act. The Department shall adopt rules which set forth standards
4for determining when the public interest, safety or welfare
5requires emergency action in relation to termination of a
6research program or experimental procedure conducted by a
7hospital licensed under this Act. No rule, regulation, or
8standard shall be adopted by the Department concerning the
9operation of hospitals licensed under this Act which has not
10had prior approval of the Hospital Licensing Board, nor shall
11the Department adopt any rule, regulation or standard relating
12to the establishment of a hospital without consultation with
13the Hospital Licensing Board.
14    (d) Within one year after the effective date of this
15amendatory Act of 1984, all hospitals licensed under this Act
16and providing perinatal care shall comply with standards of
17perinatal care promulgated by the Department. The Director
18shall promulgate rules or regulations under this Act which are
19consistent with "An Act relating to the prevention of
20developmental disabilities", approved September 6, 1973, as
21amended.
22(Source: P.A. 95-639, eff. 10-5-07.)
 
23    (210 ILCS 85/13)  (from Ch. 111 1/2, par. 154)
24    Sec. 13. Administrative decisions. Whenever the Department
25(i) refuses to grant, or revokes or suspends a permit to

 

 

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1establish a hospital, or a license to open, conduct, operate,
2or maintain a hospital or (ii) upholds a fine based on
3violations issued pursuant to Section 7 of this Act, the
4applicant or licensee may have such decision judicially
5reviewed. The provisions of the Administrative Review Law, as
6heretofore or hereafter amended, and the rules adopted pursuant
7thereto shall apply to and govern all proceedings for the
8judicial review of final administrative decisions of the
9Department hereunder. The term "administrative decisions" is
10defined as in Section 3-101 of the Code of Civil Procedure.
11(Source: P.A. 82-783.)
 
12    (210 ILCS 85/13.1 new)
13    Sec. 13.1. Judicial review. The Department shall not be
14required to certify any record or file any answer or otherwise
15appear in any proceeding for judicial review, unless there is
16filed in the court with the complaint a receipt from the
17Department acknowledging payment of the costs of furnishing and
18certifying the record, which costs shall be computed at the
19rate of $1 per page of such record. Failure on the part of the
20plaintiff to file such receipt in Court shall be grounds for
21dismissal of the action; provided however, that persons
22proceeding in forma pauperis with the approval of the circuit
23court shall not be required to pay these fees.
 
24    (210 ILCS 85/14.5 new)

 

 

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1    Sec. 14.5. Hospital Licensure Fund. The Department shall
2deposit all fees and fines collected in relation to the
3licensure of hospitals into the Hospital Licensure Fund, a
4special fund created in the State Treasury, for the purpose of
5providing funding for the administration of the licensure
6program for hospitals.
 
7    (210 ILCS 85/15)  (from Ch. 111 1/2, par. 156)
8    Sec. 15. Injunction; other relief. Notwithstanding the
9existence or pursuit of any other remedy, the Director may, in
10the manner provided by law, upon the advice of the State's
11Attorney or Attorney General who shall represent the Director
12in the proceedings, maintain an action in the name of the State
13for injunction or other process against any person or
14governmental unit to restrain or prevent the establishment of a
15hospital without a permit issued pursuant to this Act, or to
16restrain or prevent the opening, conducting, operating, or
17maintaining of a hospital without a license issued pursuant to
18this Act. In addition, the Director may, in the manner provided
19by law, in the name of the People of this State and through the
20State's Attorney or Attorney General, who shall represent the
21Director in the proceedings, maintain an action for injunction
22or other relief or process against any licensee to enforce and
23compel compliance with the provisions of this Act and the
24standards, rules, and regulations established by virtue of this
25Act and any order entered for any response action pursuant to

 

 

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1this Act and such standards, rules, and regulations.
2(Source: Laws 1965, p. 2350.)
 
3    Section 25. The Abused and Neglected Child Reporting Act is
4amended by changing Section 7.20 as follows:
 
5    (325 ILCS 5/7.20)
6    Sec. 7.20. Inter-agency agreements for information. The
7Department shall enter into an inter-agency agreement with the
8Secretary of State to establish a procedure by which employees
9of the Department may have immediate access to driver's license
10records maintained by the Secretary of State if the Department
11determines the information is necessary to perform its duties
12under the Abused and Neglected Child Reporting Act, the Child
13Care Act of 1969, and the Children and Family Services Act. The
14Department shall enter into an inter-agency agreement with the
15Department of Healthcare and Family Services and the Department
16of Human Services (acting as successor to the Department of
17Public Aid under the Department of Human Services Act) to
18establish a procedure by which employees of the Department may
19have immediate access to records, files, papers, and
20communications (except medical, alcohol or drug assessment or
21treatment, mental health, or any other medical records) of the
22Department of Healthcare and Family Services, county
23departments of public aid, the Department of Human Services,
24and local governmental units receiving State or federal funds

 

 

SB1281- 42 -LRB097 07185 RPM 47290 b

1or aid to provide public aid, if the Department determines the
2information is necessary to perform its duties under the Abused
3and Neglected Child Reporting Act, the Child Care Act of 1969,
4and the Children and Family Services Act. The Department shall
5enter into an inter-agency agreement with the Department of
6Public Health to establish a procedure by which the Department
7of Public Health will receive notification of indicated child
8abuse or neglect reports involving staff of, or occurring in,
9facilities licensed under the Hospital Licensing Act.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 105/5.650
4    30 ILCS 105/5.786 new
5    30 ILCS 105/5.787 new
6    210 ILCS 5/5from Ch. 111 1/2, par. 157-8.5
7    210 ILCS 5/6from Ch. 111 1/2, par. 157-8.6
8    210 ILCS 5/12.5 new
9    210 ILCS 55/4from Ch. 111 1/2, par. 2804
10    210 ILCS 55/10.05
11    210 ILCS 85/3
12    210 ILCS 85/5from Ch. 111 1/2, par. 146
13    210 ILCS 85/6from Ch. 111 1/2, par. 147
14    210 ILCS 85/7from Ch. 111 1/2, par. 148
15    210 ILCS 85/7.1 new
16    210 ILCS 85/7.2 new
17    210 ILCS 85/7.3 new
18    210 ILCS 85/7.4 new
19    210 ILCS 85/7.6 new
20    210 ILCS 85/9from Ch. 111 1/2, par. 150
21    210 ILCS 85/9.3
22    210 ILCS 85/9.4
23    210 ILCS 85/9.6
24    210 ILCS 85/10from Ch. 111 1/2, par. 151
25    210 ILCS 85/13from Ch. 111 1/2, par. 154

 

 

SB1281- 44 -LRB097 07185 RPM 47290 b

1    210 ILCS 85/13.1 new
2    210 ILCS 85/14.5 new
3    210 ILCS 85/15from Ch. 111 1/2, par. 156
4    325 ILCS 5/7.20