Rep. Linda Chapa LaVia
Filed: 4/1/2009
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1 | AMENDMENT TO HOUSE BILL 976
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2 | AMENDMENT NO. ______. Amend House Bill 976, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Alternative Health Care Delivery Act is | ||||||
6 | amended by changing Sections 25 and 30 as follows:
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7 | (210 ILCS 3/25)
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8 | Sec. 25. Department responsibilities. The Department shall | ||||||
9 | have the
responsibilities set forth in this Section.
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10 | (a) The Department shall adopt rules for each alternative | ||||||
11 | health care model
authorized under this Act that shall include | ||||||
12 | but not be limited to the
following:
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13 | (1) Further definition of the alternative health care | ||||||
14 | models.
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15 | (2) The definition and scope of the demonstration | ||||||
16 | program, including the
implementation date and period of |
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1 | operation, not to exceed 5 years.
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2 | (3) License application information required by the | ||||||
3 | Department.
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4 | (4) The care of patients in the alternative health care | ||||||
5 | models.
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6 | (5) Rights afforded to patients of the alternative | ||||||
7 | health care models.
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8 | (6) Physical plant requirements.
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9 | (7) License application and renewal fees, which may | ||||||
10 | cover
the cost of administering the demonstration program.
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11 | (8) Information that may be necessary for the Board and | ||||||
12 | the Department to
monitor and evaluate the alternative | ||||||
13 | health care model demonstration program.
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14 | (9) Administrative fines that may be assessed by the | ||||||
15 | Department for
violations of this Act or the rules adopted | ||||||
16 | under this Act.
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17 | (b) The Department shall issue, renew, deny, suspend, or | ||||||
18 | revoke licenses for
alternative health care models.
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19 | (c) The Department shall perform licensure inspections of | ||||||
20 | alternative health
care models as deemed necessary by the | ||||||
21 | Department to ensure compliance with
this Act or rules.
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22 | (d) The Department shall deposit application fees, renewal | ||||||
23 | fees, and fines
into the Regulatory Evaluation and Basic | ||||||
24 | Enforcement Fund.
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25 | (e) The Department shall assist the Board in performing the
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26 | Board's
responsibilities under this Act.
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1 | (f) (Blank). The Department shall conduct a study to | ||||||
2 | determine the feasibility, the
potential risks and benefits to | ||||||
3 | patients, and the potential effect on the
health care delivery | ||||||
4 | system of authorizing recovery care of nonsurgical
patients in | ||||||
5 | postsurgical recovery center demonstration models. The | ||||||
6 | Department
shall report the findings
of the study
to the | ||||||
7 | General Assembly no later than November 1, 1998.
The Director | ||||||
8 | shall appoint an advisory committee with representation from
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9 | the Illinois Hospital and Health Systems Association,
the | ||||||
10 | Illinois State Medical Society, and the Illinois Freestanding | ||||||
11 | Surgery
Center Association,
a physician who is
board certified | ||||||
12 | in internal medicine, a consumer, and other representatives
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13 | deemed appropriate by the Director. The advisory committee | ||||||
14 | shall advise the
Department as it carries out the study.
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15 | (g) (Blank). Before November 1, 1998 the Department shall | ||||||
16 | initiate a process to
request public comments on how | ||||||
17 | postsurgical recovery centers admitting
nonsurgical patients | ||||||
18 | should be regulated.
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19 | (Source: P.A. 90-600, eff. 6-25-98; 90-655, eff. 7-30-98.)
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20 | (210 ILCS 3/30)
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21 | Sec. 30. Demonstration program requirements. The | ||||||
22 | requirements set forth in
this Section shall apply to | ||||||
23 | demonstration programs.
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24 | (a) There shall be no more than:
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25 | (i) 3 subacute care hospital alternative health care |
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1 | models in the City of
Chicago (one of which shall be | ||||||
2 | located on a designated site and shall have been
licensed | ||||||
3 | as a hospital under the Illinois Hospital Licensing Act | ||||||
4 | within the 10
years immediately before the application for | ||||||
5 | a license);
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6 | (ii) 2 subacute care hospital alternative health care | ||||||
7 | models in the
demonstration program for each of the | ||||||
8 | following areas:
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9 | (1) Cook County outside the City of Chicago.
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10 | (2) DuPage, Kane, Lake, McHenry, and Will | ||||||
11 | Counties.
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12 | (3) Municipalities with a population greater than | ||||||
13 | 50,000 not
located in the areas described in item (i) | ||||||
14 | of subsection (a) and paragraphs
(1) and (2) of item | ||||||
15 | (ii) of subsection (a); and
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16 | (iii) 4 subacute care hospital alternative health care
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17 | models in the demonstration program for rural areas.
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18 | In selecting among applicants for these
licenses in rural | ||||||
19 | areas, the Health Facilities Planning Board and the
Department | ||||||
20 | shall give preference to hospitals that may be unable for | ||||||
21 | economic
reasons to provide continued service to the community | ||||||
22 | in which they are located
unless the hospital were to receive | ||||||
23 | an alternative health care model license.
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24 | (a-5) There shall be no more than the a total number of 12 | ||||||
25 | postsurgical
recovery care centers with a certificate of need | ||||||
26 | for beds as of January 1, 2008.
center alternative health care |
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1 | models in the demonstration program, located as
follows:
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2 | (1) Two in the City of Chicago.
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3 | (2) Two in Cook County outside the City of Chicago. At | ||||||
4 | least
one of these shall be owned or operated by a hospital | ||||||
5 | devoted exclusively to
caring for children.
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6 | (3) Two in Kane, Lake, and McHenry Counties.
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7 | (4) Four in municipalities with a population of 50,000 | ||||||
8 | or more
not located
in the areas described in paragraphs | ||||||
9 | (1), (2), and (3), 3 of which
shall be
owned or operated by | ||||||
10 | hospitals, at least 2 of which shall be located in
counties | ||||||
11 | with a population of less than 175,000, according to the | ||||||
12 | most recent
decennial census for which data are available, | ||||||
13 | and one of
which shall be owned or operated by
an | ||||||
14 | ambulatory surgical treatment center.
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15 | (5) Two in rural areas,
both of which shall be owned or | ||||||
16 | operated by
hospitals.
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17 | There shall be no postsurgical recovery care center | ||||||
18 | alternative health care
models located in counties with | ||||||
19 | populations greater than 600,000 but less
than 1,000,000. A | ||||||
20 | proposed postsurgical recovery care center must be owned or
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21 | operated by a hospital if it is to be located within, or will | ||||||
22 | primarily serve
the residents of, a health service area in | ||||||
23 | which more than 60% of the gross
patient revenue of the | ||||||
24 | hospitals within that health service area are derived
from | ||||||
25 | Medicaid and Medicare, according to the most recently available | ||||||
26 | calendar
year data from the Illinois Health Care Cost |
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1 | Containment Council. Nothing in
this paragraph shall preclude a | ||||||
2 | hospital and an ambulatory surgical treatment
center from | ||||||
3 | forming a joint venture or developing a collaborative agreement | ||||||
4 | to
own or operate a postsurgical recovery care center.
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5 | (a-10) There shall be no more than a total of 8 children's | ||||||
6 | respite care
center alternative health care models in the | ||||||
7 | demonstration program, which shall
be located as follows:
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8 | (1) One in the City of Chicago.
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9 | (2) One in Cook County outside the City of Chicago.
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10 | (3) A total of 2 in the area comprised of DuPage, Kane, | ||||||
11 | Lake, McHenry, and
Will counties.
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12 | (4) A total of 2 in municipalities with a population of | ||||||
13 | 50,000 or more and
not
located in the areas described in | ||||||
14 | paragraphs (1), (2), or (3).
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15 | (5) A total of 2 in rural areas, as defined by the | ||||||
16 | Health Facilities
Planning Board.
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17 | No more than one children's respite care model owned and | ||||||
18 | operated by a
licensed skilled pediatric facility shall be | ||||||
19 | located in each of the areas
designated in this subsection | ||||||
20 | (a-10).
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21 | (a-15) There shall be an authorized community-based | ||||||
22 | residential
rehabilitation center alternative health care | ||||||
23 | model in the demonstration
program. The community-based | ||||||
24 | residential rehabilitation center shall be
located in the area | ||||||
25 | of Illinois south of Interstate Highway 70.
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26 | (a-20) There shall be an authorized
Alzheimer's disease |
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1 | management center alternative health care model in the
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2 | demonstration program. The Alzheimer's disease management | ||||||
3 | center shall be
located in Will
County, owned by a
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4 | not-for-profit entity, and endorsed by a resolution approved by | ||||||
5 | the county
board before the effective date of this amendatory | ||||||
6 | Act of the 91st General
Assembly.
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7 | (a-25) There shall be no more than 10 birth center | ||||||
8 | alternative health care
models in the demonstration program, | ||||||
9 | located as follows:
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10 | (1) Four in the area comprising Cook, DuPage, Kane, | ||||||
11 | Lake, McHenry, and
Will counties, one of
which shall be | ||||||
12 | owned or operated by a hospital and one of which shall be | ||||||
13 | owned
or operated by a federally qualified health center.
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14 | (2) Three in municipalities with a population of 50,000 | ||||||
15 | or more not
located in the area described in paragraph (1) | ||||||
16 | of this subsection, one of
which shall be owned or operated | ||||||
17 | by a hospital and one of which shall be owned
or operated | ||||||
18 | by a federally qualified health center.
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19 | (3) Three in rural areas, one of which shall be owned | ||||||
20 | or operated by a
hospital and one of which shall be owned | ||||||
21 | or operated by a federally qualified
health center.
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22 | The first 3 birth centers authorized to operate by the | ||||||
23 | Department shall be
located in or predominantly serve the | ||||||
24 | residents of a health professional
shortage area as determined | ||||||
25 | by the United States Department of Health and Human
Services. | ||||||
26 | There shall be no more than 2 birth centers authorized to |
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1 | operate in
any single health planning area for obstetric | ||||||
2 | services as determined under the
Illinois Health Facilities | ||||||
3 | Planning Act. If a birth center is located outside
of a
health | ||||||
4 | professional shortage area, (i) the birth center shall be | ||||||
5 | located in a
health planning
area with a demonstrated need for | ||||||
6 | obstetrical service beds, as determined by
the Illinois Health | ||||||
7 | Facilities Planning Board or (ii) there must be a
reduction in
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8 | the existing number of obstetrical service beds in the planning | ||||||
9 | area so that
the establishment of the birth center does not | ||||||
10 | result in an increase in the
total number of obstetrical | ||||||
11 | service beds in the health planning area.
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12 | (b) Alternative health care models, other than a model | ||||||
13 | authorized under
subsection (a-20), shall obtain a certificate | ||||||
14 | of
need from the Illinois Health Facilities Planning Board | ||||||
15 | under the Illinois
Health Facilities Planning Act before | ||||||
16 | receiving a license by the
Department.
If, after obtaining its | ||||||
17 | initial certificate of need, an alternative health
care | ||||||
18 | delivery model that is a community based residential | ||||||
19 | rehabilitation center
seeks to
increase the bed capacity of | ||||||
20 | that center, it must obtain a certificate of need
from the | ||||||
21 | Illinois Health Facilities Planning Board before increasing | ||||||
22 | the bed
capacity. Alternative
health care models in medically | ||||||
23 | underserved areas
shall receive priority in obtaining a | ||||||
24 | certificate of need.
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25 | (c) An alternative health care model license shall be | ||||||
26 | issued for a
period of one year and shall be annually renewed |
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1 | if the facility or
program is in substantial compliance with | ||||||
2 | the Department's rules
adopted under this Act. A licensed | ||||||
3 | alternative health care model that continues
to be in | ||||||
4 | substantial compliance after the conclusion of the | ||||||
5 | demonstration
program shall be eligible for annual renewals | ||||||
6 | unless and until a different
licensure program for that type of | ||||||
7 | health care model is established by
legislation , except that a | ||||||
8 | postsurgical recovery care center meeting the following | ||||||
9 | requirements may apply within 3 years after the effective date | ||||||
10 | of this amendatory Act of the 96th General Assembly for | ||||||
11 | licensure to operate as a hospital: | ||||||
12 | (1) The postsurgical recovery care center shall apply | ||||||
13 | to the Illinois Health Facilities Planning Board for a | ||||||
14 | Certificate of Need permit to discontinue the postsurgical | ||||||
15 | recovery care center and to establish a hospital. | ||||||
16 | (2) If the postsurgical recovery care center obtains a | ||||||
17 | Certificate of Need permit to operate as a hospital, it | ||||||
18 | shall apply for licensure as a hospital under the Hospital | ||||||
19 | Licensing Act and shall meet all statutory and regulatory | ||||||
20 | requirements of a hospital. | ||||||
21 | (3) After obtaining licensure as a hospital, any | ||||||
22 | license as an ambulatory surgical treatment center and any | ||||||
23 | license as a post-surgical recovery care center shall be | ||||||
24 | null and void. | ||||||
25 | (4) The former postsurgical recovery care center that | ||||||
26 | receives a hospital license must seek and maintain |
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1 | certification under Titles XVIII and XIX of the federal | ||||||
2 | Social Security Act . | ||||||
3 | The Department may issue a provisional license to any
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4 | alternative health care model that does not substantially | ||||||
5 | comply with the
provisions of this Act and the rules adopted | ||||||
6 | under this Act if (i)
the Department finds that the alternative | ||||||
7 | health care model has undertaken
changes and corrections which | ||||||
8 | upon completion will render the alternative
health care model | ||||||
9 | in substantial compliance with this Act and rules and
(ii) the | ||||||
10 | health and safety of the patients of the alternative
health | ||||||
11 | care model will be protected during the period for which the | ||||||
12 | provisional
license is issued. The Department shall advise the | ||||||
13 | licensee of
the conditions under which the provisional license | ||||||
14 | is issued, including
the manner in which the alternative health | ||||||
15 | care model fails to comply with
the provisions of this Act and | ||||||
16 | rules, and the time within which the changes
and corrections | ||||||
17 | necessary for the alternative health care model to
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18 | substantially comply with this Act and rules shall be | ||||||
19 | completed.
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20 | (d) Alternative health care models shall seek | ||||||
21 | certification under Titles
XVIII and XIX of the federal Social | ||||||
22 | Security Act. In addition, alternative
health care models shall | ||||||
23 | provide charitable care consistent with that provided
by | ||||||
24 | comparable health care providers in the geographic area.
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25 | (d-5) The Department of Healthcare and Family Services | ||||||
26 | (formerly Illinois Department of Public Aid), in cooperation |
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1 | with the
Illinois Department of
Public Health, shall develop | ||||||
2 | and implement a reimbursement methodology for all
facilities | ||||||
3 | participating in the demonstration program. The Department of | ||||||
4 | Healthcare and Family Services shall keep a record of services | ||||||
5 | provided under the demonstration
program to recipients of | ||||||
6 | medical assistance under the Illinois Public Aid Code
and shall | ||||||
7 | submit an annual report of that information to the Illinois
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8 | Department of Public Health.
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9 | (e) Alternative health care models shall, to the extent | ||||||
10 | possible,
link and integrate their services with nearby health | ||||||
11 | care facilities.
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12 | (f) Each alternative health care model shall implement a | ||||||
13 | quality
assurance program with measurable benefits and at | ||||||
14 | reasonable cost.
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15 | (Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08.)
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16 | (210 ILCS 3/35.1 rep.)
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17 | Section 10. The Alternative Health Care Delivery Act is | ||||||
18 | amended by repealing Section 35.1.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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