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Public Act 096-0129
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| SB0181 Enrolled |
LRB096 04785 DRJ 14849 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Alternative Health Care Delivery Act is |
amended by changing Section 30 as follows:
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(210 ILCS 3/30)
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Sec. 30. Demonstration program requirements. The |
requirements set forth in
this Section shall apply to |
demonstration programs.
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(a) There shall be no more than:
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(i) 3 subacute care hospital alternative health care |
models in the City of
Chicago (one of which shall be |
located on a designated site and shall have been
licensed |
as a hospital under the Illinois Hospital Licensing Act |
within the 10
years immediately before the application for |
a license);
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(ii) 2 subacute care hospital alternative health care |
models in the
demonstration program for each of the |
following areas:
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(1) Cook County outside the City of Chicago.
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(2) DuPage, Kane, Lake, McHenry, and Will |
Counties.
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(3) Municipalities with a population greater than |
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50,000 not
located in the areas described in item (i) |
of subsection (a) and paragraphs
(1) and (2) of item |
(ii) of subsection (a); and
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(iii) 4 subacute care hospital alternative health care
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models in the demonstration program for rural areas.
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In selecting among applicants for these
licenses in rural |
areas, the Health Facilities Planning Board and the
Department |
shall give preference to hospitals that may be unable for |
economic
reasons to provide continued service to the community |
in which they are located
unless the hospital were to receive |
an alternative health care model license.
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(a-5) There shall be no more than a total of 12 |
postsurgical
recovery care
center alternative health care |
models in the demonstration program, located as
follows:
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(1) Two in the City of Chicago.
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(2) Two in Cook County outside the City of Chicago. At |
least
one of these shall be owned or operated by a hospital |
devoted exclusively to
caring for children.
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(3) Two in Kane, Lake, and McHenry Counties.
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(4) Four in municipalities with a population of 50,000 |
or more
not located
in the areas described in paragraphs |
(1), (2), and (3), 3 of which
shall be
owned or operated by |
hospitals, at least 2 of which shall be located in
counties |
with a population of less than 175,000, according to the |
most recent
decennial census for which data are available, |
and one of
which shall be owned or operated by
an |
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ambulatory surgical treatment center.
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(5) Two in rural areas,
both of which shall be owned or |
operated by
hospitals.
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There shall be no postsurgical recovery care center |
alternative health care
models located in counties with |
populations greater than 600,000 but less
than 1,000,000. A |
proposed postsurgical recovery care center must be owned or
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operated by a hospital if it is to be located within, or will |
primarily serve
the residents of, a health service area in |
which more than 60% of the gross
patient revenue of the |
hospitals within that health service area are derived
from |
Medicaid and Medicare, according to the most recently available |
calendar
year data from the Illinois Health Care Cost |
Containment Council. Nothing in
this paragraph shall preclude a |
hospital and an ambulatory surgical treatment
center from |
forming a joint venture or developing a collaborative agreement |
to
own or operate a postsurgical recovery care center.
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(a-10) There shall be no more than a total of 9 8 |
children's respite care
center alternative health care models |
in the demonstration program, which shall
be located as |
follows:
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(1) Two One in the City of Chicago.
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(2) One in Cook County outside the City of Chicago.
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(3) A total of 2 in the area comprised of DuPage, Kane, |
Lake, McHenry, and
Will counties.
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(4) A total of 2 in municipalities with a population of |
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50,000 or more and
not
located in the areas described in |
paragraphs (1), (2), or (3).
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(5) A total of 2 in rural areas, as defined by the |
Health Facilities
Planning Board.
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No more than one children's respite care model owned and |
operated by a
licensed skilled pediatric facility shall be |
located in each of the areas
designated in this subsection |
(a-10).
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(a-15) There shall be an authorized community-based |
residential
rehabilitation center alternative health care |
model in the demonstration
program. The community-based |
residential rehabilitation center shall be
located in the area |
of Illinois south of Interstate Highway 70.
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(a-20) There shall be an authorized
Alzheimer's disease |
management center alternative health care model in the
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demonstration program. The Alzheimer's disease management |
center shall be
located in Will
County, owned by a
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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.
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(a-25) There shall be no more than 10 birth center |
alternative health care
models in the demonstration program, |
located as follows:
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(1) Four in the area comprising Cook, DuPage, Kane, |
Lake, McHenry, and
Will counties, one of
which shall be |
owned or operated by a hospital and one of which shall be |
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owned
or operated by a federally qualified health center.
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(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.
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(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.
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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 Illinois Health |
Facilities Planning Board or (ii) there must be a
reduction in
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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.
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(b) Alternative health care models, other than a model |
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authorized under subsection (a-10) or
subsection (a-20), shall |
obtain a certificate of
need from the Illinois Health |
Facilities Planning 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
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from the Illinois Health Facilities Planning Board before |
increasing the bed
capacity. Alternative
health care models in |
medically underserved areas
shall receive priority in |
obtaining a certificate of need.
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(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. 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 |
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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
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license is issued. The Department shall advise the licensee of
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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.
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(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.
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(d-5) The Department of Healthcare and Family Services |
(formerly Illinois Department of Public Aid), in cooperation |
with the
Illinois Department of
Public Health, shall develop |
and implement a reimbursement methodology for all
facilities |
participating in the demonstration program. The Department of |
Healthcare and Family Services shall keep a record of services |
provided under the demonstration
program to recipients of |
medical assistance under the Illinois Public Aid Code
and shall |
submit an annual report of that information to the Illinois
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Department of Public Health.
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