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1 | AN ACT concerning health facilities.
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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 State Finance Act is amended by changing | ||||||||||||||||||||||||
5 | Section 5.650 and adding Sections 5.786, and 5.787 as follows: | ||||||||||||||||||||||||
6 | (30 ILCS 105/5.650) | ||||||||||||||||||||||||
7 | Sec. 5.650. The Home Health, Health Services, and Home | ||||||||||||||||||||||||
8 | Nursing Agency Licensure Fund Home Care Services Agency | ||||||||||||||||||||||||
9 | Licensure Fund . | ||||||||||||||||||||||||
10 | (Source: P.A. 94-379, eff. 1-1-06.) | ||||||||||||||||||||||||
11 | (30 ILCS 105/5.786 new) | ||||||||||||||||||||||||
12 | Sec. 5.786. The Ambulatory Surgical Treatment Center Fund. | ||||||||||||||||||||||||
13 | (30 ILCS 105/5.787 new) | ||||||||||||||||||||||||
14 | Sec. 5.787. The Hospital Licensure Fund. | ||||||||||||||||||||||||
15 | Section 10. The Ambulatory Surgical Treatment Center Act is | ||||||||||||||||||||||||
16 | amended by changing Sections 5 and 6 and by adding Section 12.5 | ||||||||||||||||||||||||
17 | as follows:
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18 | (210 ILCS 5/5) (from Ch. 111 1/2, par. 157-8.5)
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19 | Sec. 5.
An application for a license to operate an |
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| |||||||
1 | ambulatory surgical
treatment center shall be made to the | ||||||
2 | Department upon forms provided by
it and shall contain such | ||||||
3 | information as the Department reasonably
requires, which may | ||||||
4 | include affirmative evidence of ability to comply
with the | ||||||
5 | provisions of this Act and the standards, rules and
| ||||||
6 | regulations, promulgated by virtue thereof.
| ||||||
7 | All applications required under this Section shall be | ||||||
8 | signed by the
applicant, verified, and accompanied by a license
| ||||||
9 | fee of $1500 $500 .
| ||||||
10 | (Source: P.A. 81-224.)
| ||||||
11 | (210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)
| ||||||
12 | Sec. 6.
Upon receipt of an application for a license, the | ||||||
13 | Director may
deny the application for any of the following | ||||||
14 | reasons:
| ||||||
15 | (1) Conviction of the applicant, or if the applicant is | ||||||
16 | a firm,
partnership
or association, of any of its members, | ||||||
17 | or if a corporation, of any of its
officers or directors, | ||||||
18 | or of the person designated to manage or supervise
the | ||||||
19 | facility, of a felony, or of 2 or more misdemeanors | ||||||
20 | involving moral
turpitude, as shown by a certified copy of | ||||||
21 | the record of the court of
conviction, or, in the case of | ||||||
22 | the conviction of a misdemeanor by a court not
of record, | ||||||
23 | as shown by other evidence, if the Director determines, | ||||||
24 | after
investigation, that such person has not been | ||||||
25 | sufficiently rehabilitated to
warrant the public trust; or |
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1 | other satisfactory evidence that the moral
character of the | ||||||
2 | applicant, or manager, or supervisor of the facility is not
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3 | reputable;
| ||||||
4 | (2) The licensure status or record of the applicant, or | ||||||
5 | if the applicant
is a firm, partnership or association, of | ||||||
6 | any of its members, or if a
corporation, of any of its | ||||||
7 | officers or directors, or of the person designated
to | ||||||
8 | manage or supervise the facility, from any other state | ||||||
9 | where the applicant
has done business in a similar capacity | ||||||
10 | indicates that granting a license to
the applicant would be | ||||||
11 | detrimental to the interests of the public; or
| ||||||
12 | (3) The applicant has insufficient financial or other | ||||||
13 | resources to operate
and conduct the facility in accordance | ||||||
14 | with the requirements of this Act
and the minimum | ||||||
15 | standards, rules and regulations promulgated thereunder.
| ||||||
16 | The Director shall only issue a license if he finds that | ||||||
17 | the applicant
facility complies with this Act and the rules, | ||||||
18 | regulations and standards
promulgated pursuant thereto and:
| ||||||
19 | (a) is under the medical supervision of one or more | ||||||
20 | physicians;
| ||||||
21 | (b) permits a surgical procedure to be performed only | ||||||
22 | by a physician,
podiatrist or dentist who at the time is | ||||||
23 | privileged to have his patients
admitted by himself or an | ||||||
24 | associated physician and is himself privileged to
perform | ||||||
25 | surgical procedures in at least one Illinois hospital; and
| ||||||
26 | (c) maintains adequate medical records for each |
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1 | patient.
| ||||||
2 | A license, unless sooner suspended or revoked, shall be | ||||||
3 | renewable
annually upon approval by the Department and payment | ||||||
4 | of a license fee of
$1500 $300 . Each license shall be issued | ||||||
5 | only for the premises and persons named in
the application and | ||||||
6 | shall not be transferable or assignable. The licenses shall
be | ||||||
7 | posted in a conspicuous place on the licensed premises. A | ||||||
8 | placard or
registry of all physicians on staff in the facility | ||||||
9 | shall be centrally located
and available for inspection to any | ||||||
10 | interested person. The Department may,
either before or after | ||||||
11 | the issuance of a license, request the cooperation of
the State | ||||||
12 | Fire Marshal. The report and recommendations of this agency | ||||||
13 | shall be
in writing and shall state with particularity its | ||||||
14 | findings with respect to
compliance or noncompliance with such | ||||||
15 | minimum standards, rules and regulations.
| ||||||
16 | The Director may issue a provisional license to any | ||||||
17 | ambulatory
surgical treatment center which does not | ||||||
18 | substantially comply with the
provisions of this Act and the | ||||||
19 | standards, rules and regulations
promulgated by virtue thereof | ||||||
20 | provided that he finds that such
ambulatory surgical treatment | ||||||
21 | center will undertake changes and
corrections which upon | ||||||
22 | completion will render the ambulatory surgical
treatment | ||||||
23 | center in substantial compliance with the provisions of this
| ||||||
24 | Act, and the standards, rules and regulations adopted | ||||||
25 | hereunder, and
provided that the health and safety of the | ||||||
26 | patients of the ambulatory
surgical treatment center will be |
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1 | protected during the period for which
such provisional license | ||||||
2 | is issued. The Director shall advise the
licensee of the | ||||||
3 | conditions under which such provisional license is
issued, | ||||||
4 | including the manner in which the facilities fail to comply | ||||||
5 | with
the provisions of the Act, standards, rules and | ||||||
6 | regulations, and the
time within which the changes and | ||||||
7 | corrections necessary for such
ambulatory surgical treatment | ||||||
8 | center to substantially comply with this
Act, and the | ||||||
9 | standards, rules and regulations of the Department relating
| ||||||
10 | thereto shall be completed.
| ||||||
11 | A person or facility not licensed under this Act or the | ||||||
12 | Hospital Licensing
Act shall not hold itself out to the public | ||||||
13 | as a "surgery center" or as a
"center for surgery".
| ||||||
14 | (Source: P.A. 88-490.)
| ||||||
15 | (210 ILCS 5/12.5 new) | ||||||
16 | Sec. 12.5. Ambulatory Surgical Treatment Center Fund. The | ||||||
17 | Department shall deposit all fees and fines collected in | ||||||
18 | relation to the licensure of ambulatory surgical treatment | ||||||
19 | centers into the Ambulatory Surgical Treatment Center Fund, a | ||||||
20 | special fund created in the State Treasury, for the purpose of | ||||||
21 | providing funding for the administration of the licensure | ||||||
22 | program for ambulatory surgical treatment centers. | ||||||
23 | Section 15. The Home Health, Home Services, and Home | ||||||
24 | Nursing Agency Licensing Act is amended by changing Sections 4 |
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| |||||||
1 | and 10.05 as follows:
| ||||||
2 | (210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)
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3 | Sec. 4. Types of licenses.
| ||||||
4 | (a) If an applicant for licensure has not been previously | ||||||
5 | licensed, or
if the home health agency, home services agency, | ||||||
6 | or home nursing agency is not in operation at the time | ||||||
7 | application is
made, the Department may issue a provisional | ||||||
8 | license. A provisional
license shall be valid for a period of | ||||||
9 | 120 days unless sooner suspended or
revoked pursuant to Section | ||||||
10 | 9 of this Act. Within 30 days prior to the
termination of a | ||||||
11 | provisional license, the Department shall inspect the agency | ||||||
12 | and, if the applicant substantially meets the requirements
for | ||||||
13 | licensure, it shall issue a license under this Section. If the | ||||||
14 | Department
finds that a holder of a provisional license does | ||||||
15 | not substantially meet
the requirements for licensure, but has | ||||||
16 | made significant progress toward
meeting those requirements, | ||||||
17 | the Director may renew the provisional license
once for a | ||||||
18 | period not to exceed 120 days from the expiration date of the
| ||||||
19 | initial provisional license.
| ||||||
20 | (b)(1) The Director may also issue a provisional license to | ||||||
21 | any licensed
agency which does not substantially comply with | ||||||
22 | the provisions
of this Act and the rules promulgated hereunder, | ||||||
23 | provided he finds that
the health, safety, and well-being of | ||||||
24 | the clients of the agency will be
protected during the period | ||||||
25 | for which such provisional license is issued.
The term of such |
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| |||||||
1 | provisional license shall not exceed 120 days.
| ||||||
2 | (2) The Director shall advise the licensee of the | ||||||
3 | conditions under which
such provisional license is issued, | ||||||
4 | including the manner in which the
licensee fails to comply with | ||||||
5 | the provisions of the Act or rules, and the
time within which | ||||||
6 | the corrections necessary for the agency to
substantially | ||||||
7 | comply with the Act and rules shall be completed.
| ||||||
8 | (3) The Director, at his discretion, may extend the term of | ||||||
9 | such
provisional license for an additional 120 days, if he | ||||||
10 | finds that the agency has made substantial progress toward | ||||||
11 | correcting the
violations and bringing the agency into full | ||||||
12 | compliance with
this Act and the rules promulgated hereunder.
| ||||||
13 | (c) An annual license shall be issued to
any person | ||||||
14 | conducting or maintaining a home health agency upon receipt
of | ||||||
15 | an application and payment of the
licensure fee, and when
the | ||||||
16 | other requirements of this Act, and the standards, rules and
| ||||||
17 | regulations promulgated hereunder, are met. The fee for each | ||||||
18 | single home health agency license or any
renewal shall be $1500 | ||||||
19 | $25 . | ||||||
20 | (d) The Department shall establish, by rule, a system | ||||||
21 | whereby an entity that meets the requirements for licensure may | ||||||
22 | obtain licensure singly or in any combination for the | ||||||
23 | categories authorized under this Act. The Department shall | ||||||
24 | develop and implement one application to be used even if a | ||||||
25 | combination of licenses authorized under the Act is sought. | ||||||
26 | Applicants for multiple licenses under this system shall pay |
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1 | the higher of the licensure fees applicable. Fees collected | ||||||
2 | under this system shall be deposited into the Home Health, Home | ||||||
3 | Services, and Home Nursing Agency Licensure Fund Home Care | ||||||
4 | Services Agency Licensure Fund .
| ||||||
5 | (Source: P.A. 94-379, eff. 1-1-06.)
| ||||||
6 | (210 ILCS 55/10.05) | ||||||
7 | Sec. 10.05. Home Health, Home Services, and Home Nursing | ||||||
8 | Agency Licensure Fund Home Care Services Agency Licensure Fund . | ||||||
9 | The Department shall deposit all fees and fines collected in | ||||||
10 | relation to the licensure of home health agencies, home | ||||||
11 | services agencies , and home nursing agencies into the Home | ||||||
12 | Health, Home Services, and Home Nursing Agency Licensure Fund | ||||||
13 | Home Care Services Agency Licensure Fund , a special fund | ||||||
14 | created in the State treasury, for the purpose of providing | ||||||
15 | funding for the administration of the program of home health | ||||||
16 | agencies, home services agency , and home nursing agency | ||||||
17 | licensure.
| ||||||
18 | (Source: P.A. 94-379, eff. 1-1-06.) | ||||||
19 | Section 20. The Hospital Licensing Act is amended by | ||||||
20 | changing Sections 3, 5, 6, 7, 9, 9.3, 9.4, 9.6, 10, 13, and 15 | ||||||
21 | and by adding Sections 7.1, 7.2, 7.3, 7.4, 7.6, 13.1, and 14.5 | ||||||
22 | as follows:
| ||||||
23 | (210 ILCS 85/3)
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1 | Sec. 3. Definitions. As used in this Act:
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2 | (A) "Hospital" means any institution, place, building, or | ||||||
3 | agency, public
or private, whether organized for profit or not, | ||||||
4 | devoted primarily to the
maintenance and operation of | ||||||
5 | facilities for the diagnosis and treatment or
care of 2 or more | ||||||
6 | unrelated persons admitted for overnight stay or longer
in | ||||||
7 | order to obtain medical, including obstetric, psychiatric and | ||||||
8 | nursing,
care of illness, disease, injury, infirmity, or | ||||||
9 | deformity.
| ||||||
10 | The term "hospital", without regard to length of stay, | ||||||
11 | shall also
include:
| ||||||
12 | (a) any facility which is devoted primarily to | ||||||
13 | providing psychiatric and
related services and programs | ||||||
14 | for the diagnosis and treatment or care of
2 or more | ||||||
15 | unrelated persons suffering from emotional or nervous | ||||||
16 | diseases;
| ||||||
17 | (b) all places where pregnant females are received, | ||||||
18 | cared for, or
treated during delivery irrespective of the | ||||||
19 | number of patients received.
| ||||||
20 | The term "hospital" includes general and specialized | ||||||
21 | hospitals,
tuberculosis sanitaria, mental or psychiatric | ||||||
22 | hospitals and sanitaria, and
includes maternity homes, | ||||||
23 | lying-in homes, and homes for unwed mothers in
which care is | ||||||
24 | given during delivery.
| ||||||
25 | The term "hospital" does not include:
| ||||||
26 | (1) any person or institution
required to be licensed |
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1 | pursuant to the Nursing Home Care Act or the MR/DD | ||||||
2 | Community Care Act;
| ||||||
3 | (2) hospitalization or care facilities maintained by | ||||||
4 | the State or any
department or agency thereof, where such | ||||||
5 | department or agency has authority
under law to establish | ||||||
6 | and enforce standards for the hospitalization or
care | ||||||
7 | facilities under its management and control;
| ||||||
8 | (3) hospitalization or care facilities maintained by | ||||||
9 | the federal
government or agencies thereof;
| ||||||
10 | (4) hospitalization or care facilities maintained by | ||||||
11 | any university or
college established under the laws of | ||||||
12 | this State and supported principally
by public funds raised | ||||||
13 | by taxation;
| ||||||
14 | (5) any person or facility required to be licensed | ||||||
15 | pursuant to the
Alcoholism and Other Drug Abuse and | ||||||
16 | Dependency Act;
| ||||||
17 | (6) any facility operated solely by and for persons who | ||||||
18 | rely
exclusively upon treatment by spiritual means through | ||||||
19 | prayer, in accordance
with the creed or tenets of any | ||||||
20 | well-recognized church or religious
denomination;
| ||||||
21 | (7) an Alzheimer's disease management center | ||||||
22 | alternative health care
model licensed under the | ||||||
23 | Alternative Health Care Delivery Act; or
| ||||||
24 | (8) any veterinary hospital or clinic operated by a | ||||||
25 | veterinarian or veterinarians licensed under the | ||||||
26 | Veterinary Medicine and Surgery Practice Act of 2004 or |
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1 | maintained by a State-supported or publicly funded | ||||||
2 | university or college. | ||||||
3 | (B) "Person" means the State, and any political subdivision | ||||||
4 | or municipal
corporation, individual, firm, partnership, | ||||||
5 | corporation, company,
association, or joint stock association, | ||||||
6 | or the legal successor thereof.
| ||||||
7 | (C) "Department" means the Department of Public Health of | ||||||
8 | the State of
Illinois.
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9 | (D) "Director" means the Director of Public Health of
the | ||||||
10 | State of Illinois.
| ||||||
11 | (E) "Perinatal" means the period of time
between the | ||||||
12 | conception of an
infant and the end of the first month after | ||||||
13 | birth.
| ||||||
14 | (F) "Federally designated organ procurement agency" means | ||||||
15 | the organ
procurement agency designated by the Secretary of the | ||||||
16 | U.S. Department of Health
and Human Services for the service | ||||||
17 | area in which a hospital is located; except
that in the case of | ||||||
18 | a hospital located in a county adjacent to Wisconsin
which | ||||||
19 | currently contracts with an organ procurement agency located in | ||||||
20 | Wisconsin
that is not the organ procurement agency designated | ||||||
21 | by the U.S. Secretary of
Health and Human Services for the | ||||||
22 | service area in which the hospital is
located, if the hospital | ||||||
23 | applies for a waiver pursuant to 42 USC
1320b-8(a), it may | ||||||
24 | designate an organ procurement agency
located in Wisconsin to | ||||||
25 | be thereafter deemed its federally designated organ
| ||||||
26 | procurement agency for the purposes of this Act.
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1 | (G) "Tissue bank" means any facility or program operating | ||||||
2 | in Illinois
that is certified by the American Association of | ||||||
3 | Tissue Banks or the Eye Bank
Association of America and is | ||||||
4 | involved in procuring, furnishing, donating,
or distributing | ||||||
5 | corneas, bones, or other human tissue for the purpose of
| ||||||
6 | injecting, transfusing, or transplanting any of them into the | ||||||
7 | human body.
"Tissue bank" does not include a licensed blood | ||||||
8 | bank. For the purposes of this
Act, "tissue" does not include | ||||||
9 | organs.
| ||||||
10 | (H) "Violation" is designated as follows: | ||||||
11 | (a) "Type 'AA' violation" means any of the following: | ||||||
12 | (1) a violation of this Act or the standards, | ||||||
13 | rules, and regulations established by virtue of this | ||||||
14 | Act that creates a condition or occurrence relating to | ||||||
15 | the operation and maintenance of a hospital that | ||||||
16 | proximately caused a patient's death; | ||||||
17 | (2) the failure of a licensee to comply with 5 or | ||||||
18 | more but less than 7 regulatory Code Sections that have | ||||||
19 | been identified with high risk designations; or | ||||||
20 | (3) the failure of a licensee to comply with 7 or | ||||||
21 | more regulatory Code Sections that have not been | ||||||
22 | identified with high risk designations. | ||||||
23 | (b) "Type 'A' violation" means any of the following: | ||||||
24 | (1) a violation of this Act or the standards, | ||||||
25 | rules, and regulations established by virtue of this | ||||||
26 | Act that creates a condition or occurrence relating to |
| |||||||
| |||||||
1 | the operation and maintenance of a hospital that (i) | ||||||
2 | creates a substantial probability that the risk of | ||||||
3 | death or serious mental or physical harm to a patient | ||||||
4 | will result therefrom or (ii) has resulted in actual | ||||||
5 | physical or mental harm to a patient; | ||||||
6 | (2) the failure of a licensee to comply with 3 or | ||||||
7 | more but less than 5 regulatory Code Sections that have | ||||||
8 | been identified with high risk designations; or | ||||||
9 | (3) the failure of a licensee to comply with 5 or | ||||||
10 | more regulatory Code Sections that have not been | ||||||
11 | identified with high risk designations. | ||||||
12 | (c) "Type 'B' violation" means any of the following: | ||||||
13 | (1) a violation of this Act or the standards, | ||||||
14 | rules, and regulations established by virtue of this | ||||||
15 | Act that creates a condition or occurrence relating to | ||||||
16 | the operation and maintenance of a hospital that is | ||||||
17 | more likely than not to cause more than minimal | ||||||
18 | physical or mental harm to a patient; | ||||||
19 | (2) the failure of a licensee to comply with one or | ||||||
20 | more but less than 3 regulatory Code Sections that have | ||||||
21 | been identified with high risk designations; or | ||||||
22 | (3) the failure of a licensee to comply with 3 or | ||||||
23 | more regulatory Code Sections that have not been | ||||||
24 | identified with high risk designations. | ||||||
25 | (d) "Type 'C' violation" means any of the following: | ||||||
26 | (1) a violation of this Act or the standards, |
| |||||||
| |||||||
1 | rules, and regulations established by virtue of this | ||||||
2 | Act that creates a condition or occurrence relating to | ||||||
3 | the operation and maintenance of a hospital that | ||||||
4 | creates a substantial probability that minimal or less | ||||||
5 | than minimal physical or mental harm to a resident will | ||||||
6 | result therefrom; or | ||||||
7 | (2) the failure of a licensee with comply with one | ||||||
8 | or more regulatory Code Sections that have not been | ||||||
9 | identified with high risk designations. | ||||||
10 | Nothing shall be deemed a violation under subparagraph (1) | ||||||
11 | of paragraph (a), subparagraph (1) of paragraph (b), | ||||||
12 | subparagraph (1) of paragraph (c), or subparagraph (1) of | ||||||
13 | paragraph (d) of this Section if the condition or occurrence | ||||||
14 | giving rise to the violation arises from a physician licensed | ||||||
15 | to practice medicine in all its branches or a duly licensed | ||||||
16 | nurse providing care within the scope of his or her | ||||||
17 | professional judgment and within the accepted standards of care | ||||||
18 | within the community. | ||||||
19 | (I) "High risk designation" means a regulatory Code Section | ||||||
20 | or subsection that has been identified by the Department | ||||||
21 | through rulemaking to be inherently necessary to the health, | ||||||
22 | safety, and welfare of a hospital patient or the public. | ||||||
23 | (Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10; | ||||||
24 | 96-1000, eff. 7-2-10.)
| ||||||
25 | (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
|
| |||||||
| |||||||
1 | Sec. 5.
(a) An application for a permit to establish a | ||||||
2 | hospital shall be
made to the Department upon forms provided by | ||||||
3 | it. This application shall
contain such information as the | ||||||
4 | Department reasonably requires, which shall
include | ||||||
5 | affirmative evidence on which the Director may make the | ||||||
6 | findings
required under Section 6a of this Act.
| ||||||
7 | (b) An application for a license to open, conduct, operate, | ||||||
8 | and maintain
a hospital shall be made to the Department upon | ||||||
9 | forms provided by it , accompanied by a license fee of $50 per | ||||||
10 | bed, and
shall contain such information as the Department | ||||||
11 | reasonably requires, which
may include affirmative evidence of | ||||||
12 | ability to comply with the provisions
of this Act and the | ||||||
13 | standards, rules, and regulations, promulgated by
virtue | ||||||
14 | thereof.
| ||||||
15 | (c) All applications required under this Section shall be | ||||||
16 | signed by the
applicant and shall be verified. Applications on | ||||||
17 | behalf of a corporation or
association or a governmental unit | ||||||
18 | or agency shall be made and verified by
any two officers | ||||||
19 | thereof.
| ||||||
20 | (Source: Laws 1965, p. 2350.)
| ||||||
21 | (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
| ||||||
22 | Sec. 6.
(a) Upon receipt of an application for a permit to | ||||||
23 | establish
a hospital the Director shall issue a permit if he | ||||||
24 | finds (1) that the
applicant is fit, willing, and able to | ||||||
25 | provide a proper standard of
hospital service for the community |
| |||||||
| |||||||
1 | with particular regard to the
qualification, background, and | ||||||
2 | character of the applicant, (2) that the
financial resources | ||||||
3 | available to the applicant demonstrate an ability to
construct, | ||||||
4 | maintain, and operate a hospital in accordance with the
| ||||||
5 | standards, rules, and regulations adopted pursuant to this Act, | ||||||
6 | and (3)
that safeguards are provided which assure hospital | ||||||
7 | operation and
maintenance consistent with the public interest | ||||||
8 | having particular regard
to safe, adequate, and efficient | ||||||
9 | hospital facilities and services.
| ||||||
10 | The Director may request the cooperation of county and
| ||||||
11 | multiple-county health departments, municipal boards of | ||||||
12 | health, and
other governmental and non-governmental agencies | ||||||
13 | in obtaining
information and in conducting investigations | ||||||
14 | relating to such
applications.
| ||||||
15 | A permit to establish a hospital shall be valid only for | ||||||
16 | the premises
and person named in the application for such | ||||||
17 | permit and shall not be
transferable or assignable.
| ||||||
18 | In the event the Director issues a permit to establish a | ||||||
19 | hospital the
applicant shall thereafter submit plans and | ||||||
20 | specifications to the
Department in accordance with Section 8 | ||||||
21 | of this Act.
| ||||||
22 | (b) Upon receipt of an application for license to open, | ||||||
23 | conduct,
operate, and maintain a hospital, the Director shall | ||||||
24 | issue a license if
he finds the applicant and the hospital | ||||||
25 | facilities comply with
standards, rules, and regulations | ||||||
26 | promulgated under this Act. A license,
unless sooner suspended |
| |||||||
| |||||||
1 | or revoked, shall be renewable annually upon
approval by the | ||||||
2 | Department and payment of a license fee of $50 per bed . Each | ||||||
3 | license shall be issued only for the
premises and persons named | ||||||
4 | in the application and shall not be
transferable or assignable. | ||||||
5 | Licenses shall be posted in a conspicuous
place on the licensed | ||||||
6 | premises. The Department may, either before or
after the | ||||||
7 | issuance of a license, request the cooperation of the State | ||||||
8 | Fire
Marshal, county
and multiple county health departments, or | ||||||
9 | municipal boards of health to
make investigations to determine | ||||||
10 | if the applicant or licensee is
complying with the minimum | ||||||
11 | standards prescribed by the Department. The
report and | ||||||
12 | recommendations of any such agency shall be in writing and
| ||||||
13 | shall state with particularity its findings with respect to | ||||||
14 | compliance
or noncompliance with such minimum standards, | ||||||
15 | rules, and regulations.
| ||||||
16 | The Director may issue a provisional license to any | ||||||
17 | hospital which
does not substantially comply with the | ||||||
18 | provisions of this Act and the
standards, rules, and | ||||||
19 | regulations promulgated by virtue thereof provided
that he | ||||||
20 | finds that such hospital has undertaken changes and corrections
| ||||||
21 | which upon completion will render the hospital in substantial | ||||||
22 | compliance
with the provisions of this Act, and the standards, | ||||||
23 | rules, and
regulations adopted hereunder, and provided that the | ||||||
24 | health and safety
of the patients of the hospital will be | ||||||
25 | protected during the period for
which such provisional license | ||||||
26 | is issued. The Director shall advise the
licensee of the |
| |||||||
| |||||||
1 | conditions under which such provisional license is
issued, | ||||||
2 | including the manner in which the hospital facilities fail to
| ||||||
3 | comply with the provisions of the Act, standards, rules, and
| ||||||
4 | regulations, and the time within which the changes and | ||||||
5 | corrections
necessary for such hospital facilities to | ||||||
6 | substantially comply with this
Act, and the standards, rules, | ||||||
7 | and regulations of the Department
relating thereto shall be | ||||||
8 | completed.
| ||||||
9 | (Source: P.A. 80-56.)
| ||||||
10 | (210 ILCS 85/7) (from Ch. 111 1/2, par. 148) | ||||||
11 | Sec. 7. Notice and hearing. | ||||||
12 | (a) The Director after notice and opportunity for hearing | ||||||
13 | to the
applicant or licensee may do any or all of the | ||||||
14 | following: | ||||||
15 | (1) Deny deny , suspend, or revoke a permit to establish | ||||||
16 | a
hospital or deny, suspend, or revoke a license to open, | ||||||
17 | conduct, operate,
and maintain a hospital in any case in | ||||||
18 | which the Director he finds that there has been a
| ||||||
19 | substantial failure to comply with the provisions of this | ||||||
20 | Act, the Hospital
Report Card Act, or the Illinois Adverse | ||||||
21 | Health Care Events Reporting Law of 2005 or the standards, | ||||||
22 | rules, and regulations established by
virtue of any of | ||||||
23 | those Acts. A substantial failure by an applicant or | ||||||
24 | licensee shall include, but not be limited to, any of the | ||||||
25 | following: |
| |||||||
| |||||||
1 | (A) A failure by the hospital to pay any fine | ||||||
2 | assessed under this Act after the Department has sent | ||||||
3 | to the hospital at least 2 notices of assessment that | ||||||
4 | include a schedule of payments as determined by the | ||||||
5 | Department, taking into account extenuating | ||||||
6 | circumstances and financial hardships of the hospital. | ||||||
7 | (B) Conviction of the licensee, or of the person | ||||||
8 | designated to manage or supervise the hospital, of a | ||||||
9 | felony or of 2 or more misdemeanors involving moral | ||||||
10 | turpitude, including, but not limited to, criminal | ||||||
11 | sexual abuse as defined in the Criminal Code of 1961 | ||||||
12 | during the previous 5 years as shown by a certified | ||||||
13 | copy of the record of the court of conviction. | ||||||
14 | (C) Personnel is insufficient in number or | ||||||
15 | unqualified by training or experience to properly care | ||||||
16 | for the number and type of patients served by the | ||||||
17 | hospital. | ||||||
18 | (D) Financial or other resources are insufficient | ||||||
19 | to conduct and operate the hospital in accordance with | ||||||
20 | the standards, rules, and regulations established by | ||||||
21 | virtue of this Act. | ||||||
22 | (E) The hospital has committed 2 Type "AA" | ||||||
23 | violations or 4 Type "A" violations within a 2-year | ||||||
24 | period. | ||||||
25 | (2) Impose The Department may impose fines on | ||||||
26 | hospitals, not to exceed $500 per occurrence, for failing |
| |||||||
| |||||||
1 | to initiate a criminal background check on a patient that | ||||||
2 | meets the criteria for hospital-initiated background | ||||||
3 | checks. In assessing whether to impose such a fine, the | ||||||
4 | Department shall consider various factors including, but | ||||||
5 | not limited to, whether the hospital has engaged in a | ||||||
6 | pattern or practice of failing to initiate criminal | ||||||
7 | background checks. | ||||||
8 | (3) Impose fines on hospitals for any other violation | ||||||
9 | of this Act or the standards, rules, and regulations | ||||||
10 | established by virtue of this Act as set forth in Section | ||||||
11 | 7.1. Money from fines imposed under paragraphs (2) or (3) | ||||||
12 | of this subsection shall be deposited into the Hospital | ||||||
13 | Licensure Long Term Care Provider Fund. | ||||||
14 | (b) Such notice shall be effected by registered mail or by | ||||||
15 | personal
service setting forth the particular reasons for the | ||||||
16 | proposed action and
fixing a date, not less than 15 days from | ||||||
17 | the date of such mailing or
service, at which time the | ||||||
18 | applicant or licensee shall be given an
opportunity for a | ||||||
19 | hearing. Such hearing shall be conducted by the Director
or by | ||||||
20 | an employee of the Department designated in writing by the | ||||||
21 | Director
as Hearing Officer to conduct the hearing. On the | ||||||
22 | basis of any such
hearing, or upon default of the applicant or | ||||||
23 | licensee, the Director shall
make a determination specifying | ||||||
24 | his findings and conclusions. In case of a
denial to an | ||||||
25 | applicant of a permit to establish a hospital, such
| ||||||
26 | determination shall specify the subsection of Section 6 under |
| |||||||
| |||||||
1 | which the
permit was denied and shall contain findings of fact | ||||||
2 | forming the basis of
such denial. A copy of such determination | ||||||
3 | shall be sent by registered mail
or served personally upon the | ||||||
4 | applicant or licensee. The decision denying,
suspending, or | ||||||
5 | revoking a permit or a license shall become final 35 days
after | ||||||
6 | it is so mailed or served, unless the applicant or licensee, | ||||||
7 | within
such 35 day period, petitions for review pursuant to | ||||||
8 | Section 13. Any decision upholding a violation or fine imposed | ||||||
9 | under Section 7.1 of this Act shall become final 15 days after | ||||||
10 | it is so mailed or served, unless the applicant or licensee | ||||||
11 | within such 15-day period petitions for review pursuant to | ||||||
12 | Section 13 of this Act. | ||||||
13 | (c) The procedure governing hearings authorized by this | ||||||
14 | Section shall be
in accordance with rules promulgated by the | ||||||
15 | Department and approved by the
Hospital Licensing Board . A full | ||||||
16 | and complete record shall be kept of all
proceedings, including | ||||||
17 | the notice of hearing, complaint, and all other
documents in | ||||||
18 | the nature of pleadings, written motions filed in the
| ||||||
19 | proceedings, and the report and orders of the Director and | ||||||
20 | Hearing Officer.
All testimony shall be reported but need not | ||||||
21 | be transcribed unless the
decision is appealed pursuant to | ||||||
22 | Section 13. A copy or copies of the
transcript may be obtained | ||||||
23 | by any interested party on payment of the cost
of preparing | ||||||
24 | such copy or copies. | ||||||
25 | (d) The Director or Hearing Officer shall upon his own | ||||||
26 | motion, or on the
written request of any party to the |
| |||||||
| |||||||
1 | proceeding, issue subpoenas requiring
the attendance and the | ||||||
2 | giving of testimony by witnesses, and subpoenas
duces tecum | ||||||
3 | requiring the production of books, papers, records, or
| ||||||
4 | memoranda. All subpoenas and subpoenas duces tecum issued under | ||||||
5 | the terms
of this Act may be served by any person of full age. | ||||||
6 | The fees of witnesses
for attendance and travel shall be the | ||||||
7 | same as the fees of witnesses before
the Circuit Court of this | ||||||
8 | State, such fees to be paid when the witness is
excused from | ||||||
9 | further attendance. When the witness is subpoenaed at the
| ||||||
10 | instance of the Director, or Hearing Officer, such fees shall | ||||||
11 | be paid in
the same manner as other expenses of the Department, | ||||||
12 | and when the witness
is subpoenaed at the instance of any other | ||||||
13 | party to any such proceeding the
Department may require that | ||||||
14 | the cost of service of the subpoena or subpoena
duces tecum and | ||||||
15 | the fee of the witness be borne by the party at whose
instance | ||||||
16 | the witness is summoned. In such case, the Department in its
| ||||||
17 | discretion, may require a deposit to cover the cost of such | ||||||
18 | service and
witness fees. A subpoena or subpoena duces tecum | ||||||
19 | issued as aforesaid shall
be served in the same manner as a | ||||||
20 | subpoena issued out of a court. | ||||||
21 | (e) Any Circuit Court of this State upon the application of | ||||||
22 | the
Director, or upon the application of any other party to the | ||||||
23 | proceeding,
may, in its discretion, compel the attendance of | ||||||
24 | witnesses, the production
of books, papers, records, or | ||||||
25 | memoranda and the giving of testimony before
the Director or | ||||||
26 | Hearing Officer conducting an investigation or holding a
|
| |||||||
| |||||||
1 | hearing authorized by this Act, by an attachment for contempt, | ||||||
2 | or
otherwise, in the same manner as production of evidence may | ||||||
3 | be compelled
before the court. | ||||||
4 | (f) The Director or Hearing Officer, or any party in an | ||||||
5 | investigation or
hearing before the Department, may cause the | ||||||
6 | depositions of witnesses
within the State to be taken in the | ||||||
7 | manner prescribed by law for like
depositions in civil actions | ||||||
8 | in courts of this State, and to that end
compel the attendance | ||||||
9 | of witnesses and the production of books, papers,
records, or | ||||||
10 | memoranda. | ||||||
11 | (Source: P.A. 96-1372, eff. 7-29-10.) | ||||||
12 | (210 ILCS 85/7.1 new) | ||||||
13 | Sec. 7.1. Penalties. | ||||||
14 | (a) The licensee of a hospital that is in violation of any | ||||||
15 | provision of this Act or the standards, rules, and regulations | ||||||
16 | established by virtue of this Act may be subject to the | ||||||
17 | penalties or fines levied by the Department as specified in | ||||||
18 | this Section. The penalties and fines are as follows: | ||||||
19 | (1) A licensee who commits a Type "AA" violation, as | ||||||
20 | defined in Section 3 of this Act, may be assessed a fine of | ||||||
21 | up to $50,000 per violation and may be issued a provisional | ||||||
22 | license pursuant to Section 6 of this Act. | ||||||
23 | (2) A licensee who commits a Type "A" violation, as | ||||||
24 | defined in Section 3 of this Act, may be assessed a fine of | ||||||
25 | up to $25,0000 per violation and may be issued a |
| |||||||
| |||||||
1 | provisional license pursuant to Section 6 of this Act. | ||||||
2 | (3) A licensee who commits a Type "B" violation, as | ||||||
3 | defined in Section 3 of this Act, may be assessed a fine of | ||||||
4 | up to $10,000 per violation. | ||||||
5 | (4) A licensee who commits 10 or more Type "C" | ||||||
6 | violations, as defined in Section 3 of this Act, may be | ||||||
7 | assessed a fine of up to $1,000 per violation. | ||||||
8 | (b) The maximum fines that may be assessed pursuant to this | ||||||
9 | Section shall be twice those otherwise specified for any | ||||||
10 | hospital that willfully makes a misstatement of fact to the | ||||||
11 | Department or willfully fails to make a required notification | ||||||
12 | to the Department if that misstatement or failure substantially | ||||||
13 | impairs the Department's investigation. | ||||||
14 | (c) If the Department finds that a facility that has a high | ||||||
15 | risk designation, as defined in Section 3 of this Act, has | ||||||
16 | violated a provision of the Illinois Administrative Code or | ||||||
17 | that a facility has violated the same provision of the Illinois | ||||||
18 | Administrative Code 3 or more times in the previous 12 months, | ||||||
19 | then the Department may assess a fine of up to 2 times the | ||||||
20 | maximum fine otherwise allowed. | ||||||
21 | (210 ILCS 85/7.2 new) | ||||||
22 | Sec. 7.2. Determining penalty. In determining whether a | ||||||
23 | penalty is to be imposed and in determining the amount of the | ||||||
24 | penalty to be imposed, if any, for a violation, the Director | ||||||
25 | shall consider the following factors, but shall not be required |
| |||||||
| |||||||
1 | to assign a specific value to each one: | ||||||
2 | (1) the gravity of the violation, including the | ||||||
3 | probability that death or serious physical or mental harm | ||||||
4 | to a patient will result or has resulted, the severity of | ||||||
5 | the actual or potential harm, and the extent to which the | ||||||
6 | provisions of the applicable statutes, standards, or | ||||||
7 | regulations were violated; | ||||||
8 | (2) the reasonable diligence exercised by the licensee | ||||||
9 | and efforts to correct violations; | ||||||
10 | (3) any previous violations committed by the licensee; | ||||||
11 | (4) the financial benefit to the facility of committing | ||||||
12 | or continuing the violation; and | ||||||
13 | (5) the number of patients affected by the violation. | ||||||
14 | (210 ILCS 85/7.3 new) | ||||||
15 | Sec. 7.3. Inspection. Any holder of a license or applicant | ||||||
16 | for a license shall be deemed to have given consent to any | ||||||
17 | authorized officer, employee, or agent of the Department to | ||||||
18 | enter and inspect the hospital in accordance with this Act. | ||||||
19 | Refusal to permit such entry or inspection shall constitute | ||||||
20 | grounds for denial, suspension, or revocation of a license as | ||||||
21 | provided in Section 7 of this Act. | ||||||
22 | (210 ILCS 85/7.4 new) | ||||||
23 | Sec. 7.4. Emergency closure. Whenever the Department finds | ||||||
24 | that an emergency exists that requires immediate action to |
| |||||||
| |||||||
1 | protect the public health, it may, without notice or hearing, | ||||||
2 | issue an order reciting the existence of such an emergency and | ||||||
3 | then require that such action be taken as it may deem necessary | ||||||
4 | to meet the emergency, including, but not limited to, closure | ||||||
5 | of a hospital. Notwithstanding any other provision in this Act, | ||||||
6 | such order shall be effective immediately. The State's Attorney | ||||||
7 | and sheriff of the county in which the hospital is located or | ||||||
8 | the Attorney General shall enforce the order after receiving | ||||||
9 | notice thereof. Any licensee affected by such an order is | ||||||
10 | entitled, upon request, to a hearing as provided for in rules | ||||||
11 | adopted pursuant to this Act. When such emergency conditions | ||||||
12 | are abated in the opinion of the Department, the Department may | ||||||
13 | authorize reopening the hospital. | ||||||
14 | (210 ILCS 85/7.6 new) | ||||||
15 | Sec. 7.6. Whistleblower protection. | ||||||
16 | (a) In this Section, "retaliatory action" means the | ||||||
17 | reprimand, discharge, suspension, demotion, denial of | ||||||
18 | promotion or transfer, or change in the terms and conditions of | ||||||
19 | employment of any employee of a hospital that is taken in | ||||||
20 | retaliation for the employee's involvement in a protected | ||||||
21 | activity as set forth in paragraphs (1) through (3) of | ||||||
22 | subsection (b) of this Section. | ||||||
23 | (b) A hospital through its administrator, agent, or | ||||||
24 | employee shall not take any retaliatory action against another | ||||||
25 | employee of a hospital because the employee does any of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) Discloses or threatens to disclose to a supervisor | ||||||
3 | or to a public body an activity, inaction, policy, or | ||||||
4 | practice implemented by a hospital that the employee | ||||||
5 | reasonably believes is in violation of a law, rule, or | ||||||
6 | regulation. | ||||||
7 | (2) Provides information to or testifies before any | ||||||
8 | public body conducting an investigation, hearing, or | ||||||
9 | inquiry into any violation of a law, rule, or regulation by | ||||||
10 | the hospital. | ||||||
11 | (3) Assists or participates in a proceeding to enforce | ||||||
12 | the provisions of this Act. | ||||||
13 | (c) A violation of this Section may be established only | ||||||
14 | upon a finding that (i) the hospital engaged in conduct | ||||||
15 | described in subsection (b) of this Section and (ii) this | ||||||
16 | conduct was a contributing factor in the retaliatory action | ||||||
17 | alleged by the employee. There is no violation of this Section, | ||||||
18 | however, if the hospital demonstrates by clear and convincing | ||||||
19 | evidence that it would have taken the same unfavorable | ||||||
20 | personnel action in the absence of that conduct. | ||||||
21 | (d) The employee of the facility may be awarded all | ||||||
22 | remedies necessary to make the employee whole and to prevent | ||||||
23 | future violations of this Section. Remedies imposed by the | ||||||
24 | court may include, but are not limited to, all of the | ||||||
25 | following: | ||||||
26 | (1) Reinstatement of the employee to either the same |
| |||||||
| |||||||
1 | position held before the retaliatory action or to an | ||||||
2 | equivalent position. | ||||||
3 | (2) Two times the amount of back pay. | ||||||
4 | (3) Interest on the back pay. | ||||||
5 | (4) Reinstatement of full fringe benefits and | ||||||
6 | seniority rights. | ||||||
7 | (5) Payment of reasonable costs and attorney's fees. | ||||||
8 | (e) Nothing in this Section shall be deemed to diminish the | ||||||
9 | rights, privileges, or remedies of an employee of a hospital | ||||||
10 | under any other federal or State law, rule, or regulation or | ||||||
11 | under any employment contract.
| ||||||
12 | (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
| ||||||
13 | Sec. 9. Inspections and investigations. | ||||||
14 | (a) The Department shall make or
cause
to be made such | ||||||
15 | inspections and
investigations as it deems necessary, except | ||||||
16 | that, subject to appropriation, the Department shall | ||||||
17 | investigate every allegation of abuse of a patient received by | ||||||
18 | the Department. Information received by the
Department through | ||||||
19 | filed reports, inspection, or as otherwise authorized
under | ||||||
20 | this Act shall not be disclosed publicly in such manner as to
| ||||||
21 | identify individuals or hospitals, except (i) in a proceeding | ||||||
22 | involving the
denial, suspension, or revocation of a permit to | ||||||
23 | establish a hospital or a
proceeding involving the denial, | ||||||
24 | suspension, or revocation of a license to
open, conduct, | ||||||
25 | operate, and maintain a hospital, (ii) to the Department of
|
| |||||||
| |||||||
1 | Children and Family Services in the course of a child abuse or | ||||||
2 | neglect
investigation conducted by that Department or by the | ||||||
3 | Department of Public
Health, (iii) in accordance with Section | ||||||
4 | 6.14a of this Act, or (iv)
in other circumstances as may be | ||||||
5 | approved by the Department Hospital Licensing Board .
| ||||||
6 | (b) Individuals employed by a hospital licensed by the | ||||||
7 | Department shall be required to indicate in writing whether | ||||||
8 | they agree or disagree with any interview statement as written | ||||||
9 | by a surveyor conducting an inspection or investigation and | ||||||
10 | shall sign the interview statement. Failure to comply with this | ||||||
11 | provision shall result in a rebuttable presumption that the | ||||||
12 | interview statement was accurately recorded by the surveyor. | ||||||
13 | (Source: P.A. 96-692, eff. 1-1-10.)
| ||||||
14 | (210 ILCS 85/9.3)
| ||||||
15 | Sec. 9.3. Informal dispute resolution. The Department may | ||||||
16 | must offer an
opportunity for informal dispute resolution | ||||||
17 | concerning
Department rules
and standards before the advisory | ||||||
18 | committee under subsection (b) of Section
2310-560 of the | ||||||
19 | Department of Public Health Powers and Duties Law of the Civil
| ||||||
20 | Administrative Code of Illinois. Participants in this process | ||||||
21 | must include
representatives from the Department, | ||||||
22 | representatives of the hospital, and
additional | ||||||
23 | representatives deemed appropriate by both parties with | ||||||
24 | expertise
regarding the contested deficiencies and the | ||||||
25 | management of health care
facilities. If the Department does |
| |||||||
| |||||||
1 | not resolve disputed deficiencies after
the informal dispute | ||||||
2 | resolution process, the Department must provide a written
| ||||||
3 | explanation to the hospital of why the deficiencies have not | ||||||
4 | been removed from
the statement of deficiencies.
| ||||||
5 | (Source: P.A. 92-803, eff. 8-16-02; 93-41, eff. 6-27-03.)
| ||||||
6 | (210 ILCS 85/9.4)
| ||||||
7 | Sec. 9.4. Findings, conclusions, and citations. The | ||||||
8 | Department must
consider any factual information offered by the | ||||||
9 | hospital during the survey,
inspection, or investigation, at | ||||||
10 | daily status briefings, and in the exit
briefing required under | ||||||
11 | Section 9.2 before making final findings and
conclusions or | ||||||
12 | issuing violations citations . The Department must document | ||||||
13 | receipt of such
information. The Department must provide the
| ||||||
14 | hospital with written notice of its findings and conclusions | ||||||
15 | within 10 days of
the exit briefing required under Section 9.2. | ||||||
16 | This notice must provide the
following information: (i) | ||||||
17 | identification of all deficiencies and areas of
noncompliance | ||||||
18 | with applicable law; (ii) identification of the applicable
| ||||||
19 | statutes, rules, codes, or standards that were violated; and | ||||||
20 | (iii) the factual
basis for each deficiency or violation , and | ||||||
21 | (iv) any fines or penalties assessed as the result of each | ||||||
22 | deficiency or violation .
| ||||||
23 | (Source: P.A. 93-41, eff. 6-27-03.)
| ||||||
24 | (210 ILCS 85/9.6) |
| |||||||
| |||||||
1 | Sec. 9.6. Patient protection from abuse. | ||||||
2 | (a) No administrator, agent, or employee of a hospital or a | ||||||
3 | member of its medical staff may abuse a patient in the | ||||||
4 | hospital. | ||||||
5 | (b) Any hospital administrator, agent, employee, or | ||||||
6 | medical staff member who has reasonable cause to believe that | ||||||
7 | any patient with whom he or she has direct contact has been | ||||||
8 | subjected to abuse in the hospital shall promptly report or | ||||||
9 | cause a report to be made to a designated hospital | ||||||
10 | administrator responsible for providing such reports to the | ||||||
11 | Department as required by this Section. | ||||||
12 | (c) Retaliation against a person who lawfully and in good | ||||||
13 | faith makes a report under this Section is prohibited , as | ||||||
14 | provided in Section 7.5 of this Act . | ||||||
15 | (d) Upon receiving a report under subsection (b) of this | ||||||
16 | Section, the hospital shall submit the report to the Department | ||||||
17 | within 24 hours of obtaining such report. In the event that the | ||||||
18 | hospital receives multiple reports involving a single alleged | ||||||
19 | instance of abuse, the hospital shall submit one report to the | ||||||
20 | Department. | ||||||
21 | (e) Upon receiving a report under this Section, the | ||||||
22 | hospital shall promptly conduct an internal review to ensure | ||||||
23 | the alleged victim's safety. Measures to protect the alleged | ||||||
24 | victim shall be taken as deemed necessary by the hospital's | ||||||
25 | administrator and may include, but are not limited to, removing | ||||||
26 | suspected violators from further patient contact during the |
| |||||||
| |||||||
1 | hospital's internal review. If the alleged victim lacks | ||||||
2 | decision-making capacity under the Health Care Surrogate Act | ||||||
3 | and no health care surrogate is available, the hospital may | ||||||
4 | contact the Illinois Guardianship and Advocacy Commission to | ||||||
5 | determine the need for a temporary guardian of that person. | ||||||
6 | (f) All internal hospital reviews shall be conducted by a | ||||||
7 | designated hospital employee or agent who is qualified to | ||||||
8 | detect abuse and is not involved in the alleged victim's | ||||||
9 | treatment. All internal review findings must be documented and | ||||||
10 | filed according to hospital procedures and shall be made | ||||||
11 | available to the Department upon request. | ||||||
12 | (g) Any other person may make a report of patient abuse to | ||||||
13 | the Department if that person has reasonable cause to believe | ||||||
14 | that a patient has been abused in the hospital. | ||||||
15 | (h) The report required under this Section shall include: | ||||||
16 | the name of the patient; the name and address of the hospital | ||||||
17 | treating the patient; the age of the patient; the nature of the | ||||||
18 | patient's condition, including any evidence of previous | ||||||
19 | injuries or disabilities; and any other information that the | ||||||
20 | reporter believes might be helpful in establishing the cause of | ||||||
21 | the reported abuse and the identity of the person believed to | ||||||
22 | have caused the abuse. | ||||||
23 | (i) Except for willful or wanton misconduct, any | ||||||
24 | individual, person, institution, or agency participating in | ||||||
25 | good faith in the making of a report under this Section, or in | ||||||
26 | the investigation of such a report or in making a disclosure of |
| |||||||
| |||||||
1 | information concerning reports of abuse under this Section, | ||||||
2 | shall have immunity from any liability, whether civil, | ||||||
3 | professional, or criminal, that otherwise might result by | ||||||
4 | reason of such actions. For the purpose of any proceedings, | ||||||
5 | whether civil, professional, or criminal, the good faith of any | ||||||
6 | persons required to report cases of suspected abuse under this | ||||||
7 | Section or who disclose information concerning reports of abuse | ||||||
8 | in compliance with this Section, shall be presumed. | ||||||
9 | (j) No administrator, agent, or employee of a hospital | ||||||
10 | shall adopt or employ practices or procedures designed to | ||||||
11 | discourage good faith reporting of patient abuse under this | ||||||
12 | Section. | ||||||
13 | (k) Every hospital shall ensure that all new and existing | ||||||
14 | employees are trained in the detection and reporting of abuse | ||||||
15 | of patients and retrained at least every 2 years thereafter. | ||||||
16 | (l) The Department shall investigate each report of patient | ||||||
17 | abuse made under this Section according to the procedures of | ||||||
18 | the Department, except that a report of abuse which indicates | ||||||
19 | that a patient's life or safety is in imminent danger shall be | ||||||
20 | investigated within 24 hours of such report. Under no | ||||||
21 | circumstances may a hospital's internal review of an allegation | ||||||
22 | of abuse replace an investigation of the allegation by the | ||||||
23 | Department. | ||||||
24 | (m) The Department shall keep a continuing record of all | ||||||
25 | reports made pursuant to this Section, including indications of | ||||||
26 | the final determination of any investigation and the final |
| |||||||
| |||||||
1 | disposition of all reports. The Department shall inform the | ||||||
2 | investigated hospital and any other person making a report | ||||||
3 | under subsection (g) of its final determination or disposition | ||||||
4 | in writing. | ||||||
5 | (n) The Department shall not disclose to the public any | ||||||
6 | information regarding any reports and investigations under | ||||||
7 | this Section unless and until the report of abuse is | ||||||
8 | substantiated following a full and proper investigation. | ||||||
9 | (o) All patient identifiable information in any report or | ||||||
10 | investigation under this Section shall be confidential and | ||||||
11 | shall not be disclosed except as authorized by this Act or | ||||||
12 | other applicable law. | ||||||
13 | (p) Nothing in this Section relieves a hospital | ||||||
14 | administrator, employee, agent, or medical staff member from | ||||||
15 | contacting appropriate law enforcement authorities as required | ||||||
16 | by law. | ||||||
17 | (q) Nothing in this Section shall be construed to mean that | ||||||
18 | a patient is a victim of abuse because of health care services | ||||||
19 | provided or not provided by health care professionals. | ||||||
20 | (r) Nothing in this Section shall require a hospital, | ||||||
21 | including its employees, agents, and medical staff members, to | ||||||
22 | provide any services to a patient in contravention of his or | ||||||
23 | her stated or implied objection thereto upon grounds that such | ||||||
24 | services conflict with his or her religious beliefs or | ||||||
25 | practices, nor shall such a patient be considered abused under | ||||||
26 | this Section for the exercise of such beliefs or practices. |
| |||||||
| |||||||
1 | (s) The Department's implementation of this Section is | ||||||
2 | subject to appropriations to the Department for that purpose. | ||||||
3 | (t) As used in this Section, the following terms have the | ||||||
4 | following meanings: | ||||||
5 | "Abuse" means any physical or mental injury or sexual abuse | ||||||
6 | intentionally inflicted by a hospital employee, agent, or | ||||||
7 | medical staff member on a patient of the hospital and does not | ||||||
8 | include any hospital, medical, health care, or other personal | ||||||
9 | care services done in good faith in the interest of the patient | ||||||
10 | according to established medical and clinical standards of | ||||||
11 | care. | ||||||
12 | "Mental injury" means intentionally caused emotional | ||||||
13 | distress in a patient from words or gestures that would be | ||||||
14 | considered by a reasonable person to be humiliating, harassing, | ||||||
15 | or threatening and which causes observable and substantial | ||||||
16 | impairment. | ||||||
17 | "Sexual abuse" means any intentional act of sexual contact | ||||||
18 | or sexual penetration of a patient in the hospital. | ||||||
19 | "Substantiated", with respect to a report of abuse, means | ||||||
20 | that a preponderance of the evidence indicates that abuse | ||||||
21 | occurred.
| ||||||
22 | (Source: P.A. 96-692, eff. 1-1-10.)
| ||||||
23 | (210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
| ||||||
24 | Sec. 10. Board creation; Department rules.
| ||||||
25 | (a) The Governor shall appoint a Hospital Licensing Board |
| |||||||
| |||||||
1 | composed
of 14 persons, which shall advise and consult with the | ||||||
2 | Director
in the administration of this Act. The Secretary of | ||||||
3 | Human Services (or his
or her designee) shall serve on the | ||||||
4 | Board, along with one additional
representative of the | ||||||
5 | Department of Human Services to be designated by the
Secretary. | ||||||
6 | Four appointive members shall represent
the general public and | ||||||
7 | 2 of these shall be members of hospital governing
boards; one | ||||||
8 | appointive member shall be a registered professional nurse or
| ||||||
9 | advanced practice, nurse as
defined in the Nurse Practice Act, | ||||||
10 | who is employed in a
hospital; 3 appointive
members shall be | ||||||
11 | hospital administrators actively engaged in the supervision
or | ||||||
12 | administration of hospitals; 2 appointive members shall be | ||||||
13 | practicing
physicians, licensed in Illinois to practice | ||||||
14 | medicine in all of its
branches; and one appointive member | ||||||
15 | shall be a physician licensed to practice
podiatric medicine | ||||||
16 | under the Podiatric Medical Practice Act of 1987;
and one | ||||||
17 | appointive member shall be a
dentist licensed to practice | ||||||
18 | dentistry under
the Illinois Dental Practice Act. In making | ||||||
19 | Board appointments, the Governor shall give
consideration to | ||||||
20 | recommendations made through the Director by professional
| ||||||
21 | organizations concerned with hospital administration for the | ||||||
22 | hospital
administrative and governing board appointments, | ||||||
23 | registered professional
nurse organizations for the registered | ||||||
24 | professional nurse appointment,
professional medical | ||||||
25 | organizations for the physician appointments, and
professional | ||||||
26 | dental organizations for the dentist appointment.
|
| |||||||
| |||||||
1 | (b) Each appointive member shall hold office for a term of | ||||||
2 | 3 years,
except that any member appointed to fill a vacancy | ||||||
3 | occurring prior to the
expiration of the term for which his | ||||||
4 | predecessor was appointed shall be
appointed for the remainder | ||||||
5 | of such term and the terms of office of the
members first | ||||||
6 | taking office shall expire, as designated at the time of
| ||||||
7 | appointment, 2 at the end of the first year, 2 at the end of the | ||||||
8 | second
year, and 3 at the end of the third year, after the date | ||||||
9 | of appointment.
The initial terms of office of the 2 additional | ||||||
10 | members representing the
general public provided for in this | ||||||
11 | Section shall expire at the end of the
third year after the | ||||||
12 | date of appointment. The term of office of each
original | ||||||
13 | appointee shall commence July 1, 1953; the term of office of | ||||||
14 | the
original registered professional nurse appointee shall | ||||||
15 | commence July 1,
1969; the term of office of the original | ||||||
16 | licensed podiatrist appointee shall
commence July 1, 1981; the | ||||||
17 | term of office of the original dentist
appointee shall commence | ||||||
18 | July 1, 1987; and the term of office of each
successor shall | ||||||
19 | commence on July 1 of
the year in which his predecessor's term | ||||||
20 | expires. Board members, while
serving on business of the Board, | ||||||
21 | shall receive actual and necessary travel
and subsistence | ||||||
22 | expenses while so serving away from their places of
residence. | ||||||
23 | The Board shall meet as frequently as the Director deems
| ||||||
24 | necessary, but not less than once a year. Upon request of 5 or | ||||||
25 | more
members, the Director shall call a meeting of the Board.
| ||||||
26 | (c) The Director shall prescribe rules, regulations, |
| |||||||
| |||||||
1 | standards, and
statements of policy needed to implement, | ||||||
2 | interpret, or make specific the
provisions and purposes of this | ||||||
3 | Act. The Department shall adopt rules which
set forth standards | ||||||
4 | for determining when the public interest, safety
or welfare | ||||||
5 | requires emergency action in relation to termination of a | ||||||
6 | research
program or experimental procedure conducted by a | ||||||
7 | hospital licensed under
this Act. No rule, regulation, or | ||||||
8 | standard shall
be adopted by the Department concerning the | ||||||
9 | operation of hospitals licensed
under this Act which has not | ||||||
10 | had prior approval of the Hospital Licensing
Board, nor shall | ||||||
11 | the Department adopt any rule, regulation or standard
relating | ||||||
12 | to the establishment of a hospital without consultation with | ||||||
13 | the
Hospital Licensing Board.
| ||||||
14 | (d) Within one year after the effective date of this | ||||||
15 | amendatory Act
of 1984, all hospitals licensed under this Act | ||||||
16 | and providing perinatal care
shall comply with standards of | ||||||
17 | perinatal care promulgated by the Department.
The Director | ||||||
18 | shall promulgate rules or regulations under this Act which
are | ||||||
19 | consistent with "An Act relating to the prevention of | ||||||
20 | developmental
disabilities", approved September 6, 1973, as | ||||||
21 | amended.
| ||||||
22 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
23 | (210 ILCS 85/13) (from Ch. 111 1/2, par. 154)
| ||||||
24 | Sec. 13. Administrative decisions. Whenever the Department | ||||||
25 | (i) refuses to grant, or revokes or suspends a
permit to |
| |||||||
| |||||||
1 | establish a hospital, or a license to open, conduct, operate, | ||||||
2 | or
maintain a hospital or (ii) upholds a fine based on | ||||||
3 | violations issued pursuant to Section 7 of this Act , the | ||||||
4 | applicant or licensee may have such decision
judicially | ||||||
5 | reviewed. The provisions of the Administrative Review Law, as
| ||||||
6 | heretofore or hereafter amended, and the rules
adopted pursuant | ||||||
7 | thereto shall apply to and govern all proceedings for the
| ||||||
8 | judicial review of final administrative decisions of the | ||||||
9 | Department
hereunder. The term "administrative decisions"
is | ||||||
10 | defined as in Section 3-101 of the Code of Civil Procedure.
| ||||||
11 | (Source: P.A. 82-783.)
| ||||||
12 | (210 ILCS 85/13.1 new) | ||||||
13 | Sec. 13.1. Judicial review. The Department shall not be | ||||||
14 | required to certify any record or file any answer or otherwise | ||||||
15 | appear in any proceeding for judicial review, unless there is | ||||||
16 | filed in the court with the complaint a receipt from the | ||||||
17 | Department acknowledging payment of the costs of furnishing and | ||||||
18 | certifying the record, which costs shall be computed at the | ||||||
19 | rate of $1 per page of such record. Failure on the part of the | ||||||
20 | plaintiff to file such receipt in Court shall be grounds for | ||||||
21 | dismissal of the action; provided however, that persons | ||||||
22 | proceeding in forma pauperis with the approval of the circuit | ||||||
23 | court shall not be required to pay these fees. | ||||||
24 | (210 ILCS 85/14.5 new) |
| |||||||
| |||||||
1 | Sec. 14.5. Hospital Licensure Fund. The Department shall | ||||||
2 | deposit all fees and fines collected in relation to the | ||||||
3 | licensure of hospitals into the Hospital Licensure Fund, a | ||||||
4 | special fund created in the State Treasury, for the purpose of | ||||||
5 | providing funding for the administration of the licensure | ||||||
6 | program for hospitals.
| ||||||
7 | (210 ILCS 85/15) (from Ch. 111 1/2, par. 156)
| ||||||
8 | Sec. 15. Injunction; other relief. Notwithstanding the | ||||||
9 | existence or pursuit of any other remedy, the
Director may, in | ||||||
10 | the manner provided by law, upon the advice of the
State's | ||||||
11 | Attorney or Attorney General who shall represent the Director | ||||||
12 | in the proceedings,
maintain an action in the name of the State | ||||||
13 | for injunction or other process
against any person or | ||||||
14 | governmental unit to restrain or prevent the
establishment of a | ||||||
15 | hospital without a permit issued pursuant to this Act,
or to | ||||||
16 | restrain or prevent the opening, conducting, operating, or
| ||||||
17 | maintaining of a hospital without a license issued pursuant to | ||||||
18 | this Act. In addition, the Director may, in the manner provided | ||||||
19 | by law, in the name of the People of this State and through the | ||||||
20 | State's Attorney or Attorney General, who shall represent the | ||||||
21 | Director in the proceedings, maintain an action for injunction | ||||||
22 | or other relief or process against any licensee to enforce and | ||||||
23 | compel compliance with the provisions of this Act and the | ||||||
24 | standards, rules, and regulations established by virtue of this | ||||||
25 | Act and any order entered for any response action pursuant to |
| |||||||
| |||||||
1 | this Act and such standards, rules, and regulations.
| ||||||
2 | (Source: Laws 1965, p. 2350.)
| ||||||
3 | Section 25. The Abused and Neglected Child Reporting Act is | ||||||
4 | amended by changing Section 7.20 as follows:
| ||||||
5 | (325 ILCS 5/7.20)
| ||||||
6 | Sec. 7.20. Inter-agency agreements for information. The | ||||||
7 | Department shall
enter into an inter-agency agreement with the | ||||||
8 | Secretary of State to establish a
procedure by which employees | ||||||
9 | of the Department may have immediate
access to driver's license | ||||||
10 | records maintained by the Secretary of State if
the Department | ||||||
11 | determines the information is necessary to perform its duties
| ||||||
12 | under the Abused and Neglected Child Reporting Act, the Child | ||||||
13 | Care Act of 1969,
and the
Children and Family Services Act.
The | ||||||
14 | Department shall enter into an
inter-agency agreement with the | ||||||
15 | Department of Healthcare and Family Services and the
Department | ||||||
16 | of Human Services (acting as successor to the Department of | ||||||
17 | Public
Aid under the Department of Human Services Act) to | ||||||
18 | establish
a procedure by which employees of the Department may | ||||||
19 | have
immediate access to records, files, papers, and | ||||||
20 | communications (except medical,
alcohol or drug assessment or | ||||||
21 | treatment, mental health, or any other medical
records) of the
| ||||||
22 | Department of Healthcare and Family Services, county | ||||||
23 | departments of public aid, the
Department
of Human Services, | ||||||
24 | and local governmental units
receiving State or federal funds |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | or aid to provide public aid,
if the Department determines the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | information is necessary to perform its duties
under the Abused | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | and Neglected Child Reporting
Act, the Child Care Act of 1969, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | and the Children and Family Services Act. The Department shall | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | enter into an inter-agency agreement with the Department of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Public Health to establish a procedure by which the Department | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | of Public Health will receive notification of indicated child | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | abuse or neglect reports involving staff of, or occurring in, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | facilities licensed under the Hospital Licensing Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | becoming law.
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