Public Act 102-0414
 
HB0738 EnrolledLRB102 05101 CPF 15121 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Alternative Health Care Delivery Act is 
amended  by changing Section 30 as follows:
 
 

    (210 ILCS 3/30)

 
    Sec. 30. Demonstration program requirements. The 
requirements set forth in
this Section shall apply to 
demonstration programs.

    (a) (Blank).








    (a-5) There shall be no more than the total number of 
postsurgical
recovery care centers with a certificate of need 
for beds as of January 1, 2008.








    (a-10) There shall be no more than a total of 9 children's 
community-based health care center alternative health care 
models in the demonstration program, which shall
be located as 
follows:

        (1) Two in the City of Chicago.

        (2) One in Cook County outside the City of Chicago.

        (3) A total of 2 in the area comprised of DuPage, Kane, 
    Lake, McHenry, and
Will counties.

        (4) A total of 2 in municipalities with a population 
    of 50,000 or more and
 not
located in the areas described in 
    paragraphs (1), (2), or (3).

        (5) A total of 2 in rural areas, as defined by the 
    Health Facilities
and Services Review Board.

    No more than one children's community-based health care 
center owned and operated by a
licensed skilled pediatric 
facility shall be located in each of the areas
designated in 
this subsection (a-10).

    (a-15) There shall be 5 authorized community-based 
residential
rehabilitation center alternative health care 
models in the demonstration
program.

    (a-20) There shall be an authorized
Alzheimer's disease 
management center alternative health care model in the

demonstration program.  The Alzheimer's disease management 
center shall be
located in Will
County, owned by a

not-for-profit entity, and endorsed by a resolution approved 
by the county
board before the effective date of this 
amendatory Act of the 91st General
Assembly.

    (a-25) There shall be no more than 17 10 birth center 
alternative health care
models in the demonstration program, 
located as follows:

        (1) Ten Four in the area comprising Cook, DuPage, 
    Kane, Lake, McHenry, and
Will counties, one of
which shall 
    be owned or operated by a hospital, 2 and one of which 
    shall be owned
or operated by a federally qualified health 
    center, and one of which shall be located within Planning 
    Area A-3 to address the disparate perinatal and child 
    health outcomes in Planning Area A-3.  In addition, 2 birth 
    center alternative health care models shall be located in 
    Planning Area A-2 and 2 birth center alternative health 
    care models shall be located in Planning Area A-4.

        (2) Three in municipalities with a population of 
    50,000 or more not
located in the area described in 
    paragraph (1) of this subsection, one of
which shall be 
    owned or operated by a hospital and one of which shall be 
    owned
or operated by a federally qualified health center.

        (3) Three in rural areas, one of which shall be owned 
    or operated by a
hospital and one of which shall be owned 
    or operated by a federally qualified
health center.

        (4) One in the City of East St. Louis in Planning Area 
    F-1. 
    The first 3 birth centers authorized to operate by the 
Department shall be
located in or predominantly serve the 
residents of a health professional
shortage area as determined 
by the United States Department of Health and Human
Services.  
There shall be no more than 2 birth centers authorized to 
operate in
any single health planning area for obstetric 
services as determined under the
Illinois Health Facilities 
Planning Act.  If a birth center is located outside
of a
health 
professional shortage area, (i) the birth center shall be 
located in a
health planning
area with a demonstrated need for 
obstetrical service beds, as determined by
the Health 
Facilities and Services Review Board or (ii) there must be a

reduction in
the existing number of obstetrical service beds 
in the planning area so that
the establishment of the birth 
center does not result in an increase in the
total number of 
obstetrical service beds in the health planning area.

    (b) Alternative health care models, other than a model 
authorized under subsection (a-10) or
(a-20), shall obtain a 
certificate of
need from the Health Facilities and Services 
Review Board under the Illinois
Health Facilities Planning Act 
before receiving a license by the
Department.
If, after 
obtaining its initial certificate of need, an alternative 
health
care delivery model that is a community based 
residential rehabilitation center
seeks to
increase the bed 
capacity of that center, it must obtain a certificate of need

from the Health Facilities and Services Review Board before 
increasing the bed
capacity.  Alternative
health care models in 
medically underserved areas
shall receive priority in 
obtaining a certificate of need.

    (c) An alternative health care model license shall be 
issued for a
period of one year and shall be annually renewed 
if the facility or
program is in substantial compliance with 
the Department's rules
adopted under this Act. A licensed 
alternative health care model that continues
to be in 
substantial compliance after the conclusion of the 
demonstration
program shall be eligible for annual renewals 
unless and until a different
licensure program for that type 
of health care model is established by
legislation, except 
that a postsurgical recovery care center meeting the following 
requirements may apply within 3 years after August 25, 2009 
(the effective date of Public Act 96-669) for  a Certificate of 
Need permit to operate as a hospital:
        (1) The postsurgical recovery care center shall apply 
    to the Health Facilities and Services Review Board for a 
    Certificate of Need permit to discontinue the postsurgical 
    recovery care center and to establish a hospital.
        (2) If the postsurgical recovery care center obtains a 
    Certificate of Need permit to operate as a hospital, it 
    shall apply for licensure as a hospital under the Hospital 
    Licensing Act and shall meet all statutory and regulatory 
    requirements of a hospital.
        (3) After obtaining licensure as a hospital, any 
    license as an ambulatory surgical treatment center and any 
    license as a postsurgical recovery care center shall be 
    null and void.
        (4) The former postsurgical recovery care center that 
    receives a hospital license must seek and use its best 
    efforts to maintain certification under Titles XVIII and 
    XIX of the federal Social Security Act. 
    The Department may issue a provisional license to any

alternative health care model that does not substantially 
comply with the
provisions of this Act and the rules adopted 
under this Act if (i)
the Department finds that the 
alternative health care model has undertaken
changes and 
corrections which upon completion will render the alternative

health care model in substantial compliance with this Act and 
rules and
(ii) the health and safety of the patients of the 
alternative
health care model will be protected during the 
period for which the provisional
license is issued.  The 
Department shall advise the licensee of
the conditions under 
which the provisional license is issued, including
the manner 
in which the alternative health care model fails to comply 
with
the provisions of this Act and rules, and the time within 
which the changes
and corrections necessary for the 
alternative health care model to
substantially comply with 
this Act and rules shall be completed.

    (d) Alternative health care models shall seek 
certification under Titles
XVIII and XIX of the federal Social 
Security Act.  In addition, alternative
health care models 
shall provide charitable care consistent with that provided
by 
comparable health care providers in the geographic area.

    (d-5) (Blank).

    (e) Alternative health care models shall, to the extent 
possible,
link and integrate their services with nearby health 
care facilities.

    (f) Each alternative health care model shall implement a 
quality
assurance program with measurable benefits and at 
reasonable cost.

(Source: P.A. 98-629, eff. 1-1-15; 98-756, eff. 7-16-14; 
99-78, eff. 7-20-15.)

  
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.