HB5475 96TH GENERAL ASSEMBLY

LRB096 18362 KTG 33739 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5475

Introduced 2/5/2010, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.755 new
210 ILCS 85/6	from Ch. 111 1/2, par. 147

Amends the State Finance Act and the Hospital Licensing Act. Provides that applicants for a license to open, conduct, and maintain a hospital, shall be required to pay an initial licensing fee of no less than $1,000 and an annual renewal fee of no less than $300, and that any hospital facility or licensee that has permitted its license to lapse or that fails to pay the annual renewal fee within a timeframe established by the Department of Public Health shall pay a restoration fee of no less than $100 and a lapsed renewal fee not to exceed $600. Further provides that all fees collected shall be deposited into the Improved Access to Health Care Fund, a special fund created in the State treasury, and that money contained in or credited to the fund shall be used for improving access to health care. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The State Finance Act is amended by adding Section 5.755 as follows:

(30 ILCS 105/5.755 new)

Sec. 5.755. The Improved Access to Health Care Fund.

Section 10. The Hospital Licensing Act is amended by changing Section 6 as follows:

(210 ILCS 85/6) (from Ch. 111 1/2, par. 147)

Sec. 6. (a) Upon receipt of an application for a permit to establish a hospital the Director shall issue a permit if he finds (1) that the applicant is fit, willing, and able to provide a proper standard of hospital service for the community with particular regard to the qualification, background, and character of the applicant, (2) that the financial resources available to the applicant demonstrate an ability to construct, maintain, and operate a hospital in accordance with the standards, rules, and regulations adopted pursuant to this Act, and (3) that safeguards are provided which assure hospital operation and maintenance consistent with the public interest having particular regard to safe, adequate, and efficient hospital facilities and services.

The Director may request the cooperation of county and multiple-county health departments, municipal boards of health, and other governmental and non-governmental agencies in obtaining information and in conducting investigations relating to such applications.

A permit to establish a hospital shall be valid only for the premises and person named in the application for such permit and shall not be transferable or assignable.

In the event the Director issues a permit to establish a hospital the applicant shall thereafter submit plans and specifications to the Department in accordance with Section 8 of this Act.

(b) Upon receipt of an application for license to open, conduct, operate, and maintain a hospital, the Director shall issue a license if he finds the applicant and the hospital facilities comply with standards, rules, and regulations promulgated under this Act. A license, unless sooner suspended or revoked, shall be renewable annually upon approval by the Department. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises. The Department may, either before or after the issuance of a license, request the cooperation of the State Fire Marshal, county and multiple county health departments, or municipal boards of health to make investigations to determine if the applicant or licensee is complying with the minimum standards prescribed by the Department. The report and recommendations of any such agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards, rules, and regulations.

The Director may issue a provisional license to any hospital which does not substantially comply with the provisions of this Act and the standards, rules, and regulations promulgated by virtue thereof provided that he finds that such hospital has undertaken changes and corrections which upon completion will render the hospital in substantial compliance with the provisions of this Act, and the standards, rules, and regulations adopted hereunder, and provided that the health and safety of the patients of the hospital will be protected during the period for which such provisional license is issued. The Director shall advise the licensee of the conditions under which such provisional license is issued, including the manner in which the hospital facilities fail to comply with the provisions of the Act, standards, rules, and regulations, and the time within which the changes and corrections necessary for such hospital facilities to substantially comply with this Act, and the standards, rules, and regulations of the Department relating thereto shall be completed.

(c) Applicants for a license to open, conduct, and maintain a hospital shall be required to pay an initial licensing fee of no less than $1,000 and an annual renewal fee of no less than $300. Any hospital facility or licensee that has permitted its license to lapse or that fails to pay the annual renewal fee within a timeframe established by the Department shall pay a restoration fee of no less than $100 and a lapsed renewal fee not to exceed $600. All fees collected pursuant to this subsection shall be deposited into the Improved Access to Health Care Fund, a special fund created in the State treasury. Money contained in or credited to the fund shall be used for improving access to health care.

(Source: P.A. 80-56.)

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