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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Public Health Powers and | ||||||
5 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by adding Section 2310-67 as follows: | ||||||
7 | (20 ILCS 2310/2310-67 new) | ||||||
8 | Sec. 2310-67. Health care facility closure. | ||||||
9 | (a) In this Section: | ||||||
10 | "Closing" means ceasing all operations under an existing | ||||||
11 | facility license that results in patients no longer being | ||||||
12 | treated at the closed location. The term "closing" does not | ||||||
13 | include a situation where a facility ceases operations at one | ||||||
14 | location while contemporaneously establishing a replacement | ||||||
15 | facility in another location. | ||||||
16 | "Health care facility" or "facility" means a public or | ||||||
17 | private hospital, ambulatory surgical treatment center, | ||||||
18 | nursing home, or kidney disease treatment center. | ||||||
19 | (b) A hospital must provide a written pre-closing statement | ||||||
20 | to the Department no less than 90 days before permanently | ||||||
21 | closing its facility. A health care facility other than a | ||||||
22 | hospital must provide a written pre-closing statement to the | ||||||
23 | Department no less than 90 days before permanently closing its |
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1 | facility. The statement must address all of the following: | ||||||
2 | (1) Whether arrangements have been made for the timely | ||||||
3 | transfer of patient records, regardless of format, to | ||||||
4 | another health care facility, or another secure facility. | ||||||
5 | The name of the new location shall be published on the | ||||||
6 | Department's website. | ||||||
7 | (2) Whether an agreement with the facility receiving | ||||||
8 | the patient records has been made that provides for the | ||||||
9 | following: | ||||||
10 | (A) Safe storage of patient records. | ||||||
11 | (B) Privacy of patient record information. | ||||||
12 | (C) Availability of patient records for release to | ||||||
13 | individuals lawfully authorized to receive them. | ||||||
14 | (D) Periodic destruction of patient records for | ||||||
15 | which the statutory retention period has expired. | ||||||
16 | (3) Whether the health care facility has arranged to | ||||||
17 | provide notice to the public, at least 30 days before | ||||||
18 | closing, of the planned closing of the facility. The notice | ||||||
19 | must include an explanation of how to obtain copies of the | ||||||
20 | patient records for those authorized to access those | ||||||
21 | records. Notice may be given by publication in a newspaper | ||||||
22 | of general circulation in the area in which the health care | ||||||
23 | facility is located. | ||||||
24 | (4) In the case of a hospital, whether arrangements | ||||||
25 | have been made for (i) the timely transfer of medical staff | ||||||
26 | credentialing files and (ii) notification to physicians on |
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1 | the hospital's staff of the location of those files. | ||||||
2 | (5) Whether arrangements have been made for the | ||||||
3 | transfer or disposal of hazardous and other waste, if any, | ||||||
4 | in accordance with the Radiation Protection Act, the | ||||||
5 | Environmental Protection Act, and other applicable laws | ||||||
6 | and regulations. | ||||||
7 | (6) Whether arrangements have been made for the | ||||||
8 | disposition of legend drugs, if any, in accordance with the | ||||||
9 | Pharmacy Practice Act and other applicable laws and | ||||||
10 | regulations. | ||||||
11 | (7) Whether arrangements have been made for securing | ||||||
12 | the health care facility building or buildings and | ||||||
13 | remaining medical equipment, if any. | ||||||
14 | (8) The intended date upon which business will cease. | ||||||
15 | (b) The Department shall require a closed health care | ||||||
16 | facility, or its designee, to provide to the Department a | ||||||
17 | written post-closing statement that (i) describes the | ||||||
18 | completion of, and any changes to, the plan of closure set | ||||||
19 | forth in the facility's pre-closing statement and (ii) states | ||||||
20 | the actual date on which business ceased. The Department may | ||||||
21 | verify that the arrangements or other provisions of the plan of | ||||||
22 | closure have been implemented and shall notify appropriate | ||||||
23 | State and federal authorities of the closure to ensure | ||||||
24 | compliance with other applicable laws and regulations.
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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