HB3878 Engrossed

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    AN ACT concerning State government.

 
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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 Department of Public Health Powers and 
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Duties Law of the
Civil Administrative Code of Illinois is 
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amended  by adding Section 2310-67 as follows:
 
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    (20 ILCS 2310/2310-67  new)
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    Sec. 2310-67. Health care facility closure.
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    (a) In this Section:
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    "Closing" means ceasing all operations under an existing 
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facility license that results in patients no longer being 
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treated at the closed location. The term "closing" does not 
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include a situation where a facility ceases operations at one 
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location while contemporaneously establishing a replacement 
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facility in another location.
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    "Health care facility" or "facility" means a public or 
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private hospital, ambulatory surgical treatment center, 
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nursing home, or kidney disease treatment center.
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    (b) A hospital must provide a written pre-closing statement 
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to the Department no less than 90 days before permanently 
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closing its facility. A health care facility other than a 
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hospital must provide a written pre-closing statement to the 
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Department no less than 45 days before permanently closing its 
 


 






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facility. The statement must address all of the following:
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        (1) Whether arrangements have been made for the timely 
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    transfer of patient records, regardless of format, to 
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    another health care facility, or another secure facility. 
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    The name of the new location shall be published on the 
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    Department's website.

If no facility is willing or able to 
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    assume responsibility for the patient records from a 
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    facility that is closing, the Department shall assume 
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    responsibility for those records.
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        (2) Whether an agreement with the  facility receiving 
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    the  patient records has been made that provides for the 
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    following:
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            (A) Safe storage of patient records.
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            (B) Privacy of patient record information.
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            (C) Availability of patient records for release to 
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        individuals lawfully authorized to receive them.
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            (D) Periodic destruction of patient records for 
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        which the statutory retention period has expired.
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        (3) Whether the health care facility has arranged to 
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    provide notice to the public, at least 30 days before 
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    closing, of the planned closing of the facility. The notice 
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    must include an explanation of how to obtain copies of the 
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    patient records for those authorized to access those 
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    records. Notice may be given by publication in a newspaper 
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    of general circulation in the area in which the health care 
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    facility is located.
 


 






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        (4) In the case of a hospital, whether arrangements 
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    have been made for (i) the timely transfer of medical staff 
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    credentialing files and (ii) notification to physicians on 
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    the hospital's staff of the location of those files.

If no 
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    other facility is willing or able to assume responsibility 
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    for the medical staff credentialing files from a hospital 
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    that is closing, the Department shall assume 
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    responsibility for those files.
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        (5) Whether arrangements have been made for the 
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    transfer or disposal of hazardous and other waste, if any, 
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    in accordance with the Radiation Protection Act, the 
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    Environmental Protection Act, and other applicable laws 
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    and regulations.
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        (6) Whether arrangements have been made for the 
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    disposition of legend drugs, if any, in accordance with the 
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    Pharmacy Practice Act and other applicable laws and 
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    regulations.
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        (7) Whether arrangements have been made for securing 
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    the health care facility building or buildings and 
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    remaining medical equipment, if any.
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        (8) The intended date upon which business will cease.
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    (b) The Department shall require a closed health care 
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facility, or its designee, to provide to the Department a 
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written post-closing statement that (i) describes the 
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completion of, and any changes to, the plan of closure set 
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forth in the facility's pre-closing statement and (ii) states 
 


 






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the actual date on which business ceased. The Department may 
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verify that the arrangements or other provisions of the plan of 
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closure have been implemented and shall notify appropriate 
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State and federal authorities of the closure to ensure 
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compliance with other applicable laws and regulations. 
 

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