Public Act 096-1071
 
SB2527 EnrolledLRB096 15435 KTG 30638 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) There shall be no more than:


        (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);


        (ii) 2 subacute care hospital alternative health care 
    models in the
demonstration program for each of the 
    following areas:


            (1) Cook County outside the City of Chicago.


            (2) DuPage, Kane, Lake, McHenry, and Will 
        Counties.


            (3) Municipalities with a population greater than 
        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


        (iii) 4 subacute care hospital alternative health care

    models in the demonstration program for rural areas.

    In selecting among applicants for these
licenses in rural 
areas, the Health Facilities and Services Review 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.

    (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 
respite 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 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).

    (a-15) There shall be 5 2 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 10 birth center 
alternative health care
models in the demonstration program, 
located as follows:

        (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 
    owned
or operated by a federally qualified health center.

        (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.

    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 subsections (a-10) and

(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) this amendatory Act 
of the 96th General Assembly for  a Certificate of Need permit 
to operate as a hospital:
        (1) The postsurgical recovery care center shall apply 
    to the Illinois Health Facilities Planning 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 post-surgical 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) 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

Department of Public Health.

    (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. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08; 96-31, 
eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, eff. 8-25-09; 
96-812, eff. 1-1-10; revised 11-4-09.)

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