Public Act 096-1515
 
HB1720 EnrolledLRB096 05347 DRJ 15413 b



    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Hospital Licensing Act is amended  by 
changing Sections 3 and 4.6 as follows:
 


    (210 ILCS 85/3)


    Sec. 3. As used in this Act: 

    (A) "Hospital" means any institution, place, building, 
buildings on a campus, or agency, public
or private, whether 
organized for profit or not, devoted primarily to the

maintenance and operation of facilities for the diagnosis and 
treatment or
care of 2 or more unrelated persons admitted for 
overnight stay or longer
in order to obtain medical, including 
obstetric, psychiatric and nursing,
care of illness, disease, 
injury, infirmity, or deformity.

    The term "hospital", without regard to length of stay, 
shall also
include:


        (a) any facility which is devoted primarily to 
    providing psychiatric and
related services and programs 
    for the diagnosis and treatment or care of
2 or more 
    unrelated persons suffering from emotional or nervous 
    diseases;


        (b) all places where pregnant females are received, 
    cared for, or
treated during delivery irrespective of the 
    number of patients received.

    The term "hospital" includes general and specialized 
hospitals,
tuberculosis sanitaria, mental or psychiatric 
hospitals and sanitaria, and
includes maternity homes, 
lying-in homes, and homes for unwed mothers in
which care is 
given during delivery.

    The term "hospital" does not include:


        (1) any person or institution
required to be licensed 
    pursuant to the Nursing Home Care Act or the MR/DD 
    Community Care Act;


        (2) hospitalization or care facilities maintained by 
    the State or any
department or agency thereof, where such 
    department or agency has authority
under law to establish 
    and enforce standards for the hospitalization or
care 
    facilities under its management and control;


        (3) hospitalization or care facilities maintained by 
    the federal
government or agencies thereof;


        (4) hospitalization or care facilities maintained by 
    any university or
college established under the laws of 
    this State and supported principally
by public funds raised 
    by taxation;


        (5) any person or facility required to be licensed 
    pursuant to the
Alcoholism and Other Drug Abuse and 
    Dependency Act;


        (6) any facility operated solely by and for persons who 
    rely
exclusively upon treatment by spiritual means through 
    prayer, in accordance
with the creed or tenets of any 
    well-recognized church or religious
denomination;


        (7) an Alzheimer's disease management center 
    alternative health care
model licensed under the 
    Alternative Health Care Delivery Act; or

        (8) any veterinary hospital or clinic operated by a 
    veterinarian or veterinarians licensed under the 
    Veterinary Medicine and Surgery Practice Act of 2004 or 
    maintained by a State-supported or publicly funded 
    university or college. 
    (B) "Person" means the State, and any political subdivision 
or municipal
corporation, individual, firm, partnership, 
corporation, company,
association, or joint stock association, 
or the legal successor thereof.

    (C) "Department" means the Department of Public Health of 
the State of
Illinois.

    (D) "Director" means the Director of Public Health of
the 
State of Illinois.

    (E) "Perinatal" means the period of time
between the 
conception of an
infant and the end of the first month after 
birth.

    (F) "Federally designated organ procurement agency" means 
the organ
procurement agency designated by the Secretary of the 
U.S. Department of Health
and Human Services for the service 
area in which a hospital is located; except
that in the case of 
a hospital located in a county adjacent to Wisconsin
which 
currently contracts with an organ procurement agency located in 
Wisconsin
that is not the organ procurement agency designated 
by the U.S. Secretary of
Health and Human Services for the 
service area in which the hospital is
located, if the hospital 
applies for a waiver pursuant to 42 USC
1320b-8(a), it may 
designate an organ procurement agency
located in Wisconsin to 
be thereafter deemed its federally designated organ

procurement agency for the purposes of this Act.

    (G) "Tissue bank" means any facility or program operating 
in Illinois
that is certified by the American Association of 
Tissue Banks or the Eye Bank
Association of America and is 
involved in procuring, furnishing, donating,
or distributing 
corneas, bones, or other human tissue for the purpose of

injecting, transfusing, or transplanting any of them into the 
human body.
"Tissue bank" does not include a licensed blood 
bank.  For the purposes of this
Act, "tissue" does not include 
organs.

    (H) "Campus", as this terms applies to operations, has the 
same meaning as the term "campus" as set forth in federal 
Medicare regulations, 42 CFR 413.65. 
(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10; 
96-1000, eff. 7-2-10.)
 



    (210 ILCS 85/4.6)



    Sec. 4.6. Additional licensing requirements. 

    (a) Notwithstanding any other law or rule to the contrary, 
the Department
may license as a hospital a building
that (i) is 
owned or operated by a hospital licensed
under
this Act, (ii) 
is located in a municipality with a population of less than

60,000, and
(iii) includes a postsurgical recovery care center 
licensed under the
Alternative
Health Care Delivery Act for a 
period of not less than 2 years, an ambulatory
surgical 
treatment center licensed under the Ambulatory Surgical 
Treatment
Center Act, and a
Freestanding
Emergency Center 
licensed under the Emergency Medical Services (EMS)
Systems 
Act.  Only the components of the building which are currently 
licensed
shall be eligible under the provisions of this 
Section.

    (b) Prior to issuing a license, the Department shall 
inspect the facility
and
require the facility to meet such of 
the Department's rules relating to
the
establishment of 
hospitals as the Department determines are appropriate to such

facility.  Once the Department approves the facility and issues 
a hospital
license, all other licenses as listed in subsection 
(a) above shall be null and
void.

    (c) Only one license may be issued under the authority of 
this Section.
No license may be issued after 18 months after 
the effective date of this
amendatory Act of the 91st General 
Assembly.

    (d) Beginning on the effective date of this amendatory Act 
of the 96th General Assembly, each hospital building or 
facility that is (i) located on the campus of the licensee but 
on a site that is not contiguous, adjacent, or otherwise 
attached to the main hospital building of the campus of the 
licensee, (ii) operated by the licensee, and (iii) provides 
inpatient services to patients at this building or facility 
shall, at a minimum, individually comply with the Department's 
hospital licensing requirements for emergency services. The 
hospital shall submit to the Department a comprehensive plan 
describing the services and operations of each facility or 
building and how common services or operations will be 
coordinated between the various locations. The Department 
shall review the plan and may authorize a waiver granting an 
exemption for compliance with the hospital licensing 
requirements for specific buildings or facilities, including 
requirements for emergency services, provided that the 
hospital has documented which other building or facility under 
its single license provides that service or operation, and that 
doing so would not endanger the public's health, safety, or 
welfare. Nothing in this Section relieves a hospital from the 
requirements of the Illinois Health Facilities Planning Act.
(Source: P.A. 91-736, eff. 6-2-00.)

 

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