Full Text of SB0243 95th General Assembly
SB0243 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0243
Introduced 2/7/2007, by Sen. Carol Ronen SYNOPSIS AS INTRODUCED: |
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210 ILCS 5/6 |
from Ch. 111 1/2, par. 157-8.6 |
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Amends the Ambulatory Surgical Treatment Center Act. Provides that on and after the effective date of this amendatory Act, no license shall be granted or renewed under the Ambulatory Surgical Treatment Center Act until the applicant seeking the license submits to the Department of Public Health, and the Department approves, a plan for the service of medically underserved populations that details for each of the facility's next 5 years of operation (i) the proportion of its total projected patients in the categories of indigent and Medicaid recipients and (ii) how the facility will serve those patients. Requires the Department to adopt rules for implementing the requirement of a plan for the service of medically underserved populations, including the development of appropriate minimum proportions of facility patients in the categories of indigent and Medicaid recipients. Effective immediately.
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A BILL FOR
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SB0243 |
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LRB095 04622 DRJ 24679 b |
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| AN ACT concerning regulation.
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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 Ambulatory Surgical Treatment Center Act is | 5 |
| amended by changing Section 6 as follows:
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| (210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)
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| Sec. 6. Upon receipt of an application for a license, the | 8 |
| Director may
deny the application for any of the following | 9 |
| reasons:
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| (1) Conviction of the applicant, or if the applicant is | 11 |
| a firm,
partnership
or association, of any of its members, | 12 |
| or if a corporation, of any of its
officers or directors, | 13 |
| or of the person designated to manage or supervise
the | 14 |
| facility, of a felony, or of 2 or more misdemeanors | 15 |
| involving moral
turpitude, as shown by a certified copy of | 16 |
| the record of the court of
conviction, or, in the case of | 17 |
| the conviction of a misdemeanor by a court not
of record, | 18 |
| as shown by other evidence, if the Director determines, | 19 |
| after
investigation, that such person has not been | 20 |
| sufficiently rehabilitated to
warrant the public trust; or | 21 |
| other satisfactory evidence that the moral
character of the | 22 |
| applicant, or manager, or supervisor of the facility is not
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| reputable;
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SB0243 |
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LRB095 04622 DRJ 24679 b |
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| (2) The licensure status or record of the applicant, or | 2 |
| if the applicant
is a firm, partnership or association, of | 3 |
| any of its members, or if a
corporation, of any of its | 4 |
| officers or directors, or of the person designated
to | 5 |
| manage or supervise the facility, from any other state | 6 |
| where the applicant
has done business in a similar capacity | 7 |
| indicates that granting a license to
the applicant would be | 8 |
| detrimental to the interests of the public; or
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| (3) The applicant has insufficient financial or other | 10 |
| resources to operate
and conduct the facility in accordance | 11 |
| with the requirements of this Act
and the minimum | 12 |
| standards, rules and regulations promulgated thereunder.
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| The Director shall only issue a license if he finds that | 14 |
| the applicant
facility complies with this Act and the rules, | 15 |
| regulations and standards
promulgated pursuant thereto and:
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| (a) is under the medical supervision of one or more | 17 |
| physicians;
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| (b) permits a surgical procedure to be performed only | 19 |
| by a physician,
podiatrist or dentist who at the time is | 20 |
| privileged to have his patients
admitted by himself or an | 21 |
| associated physician and is himself privileged to
perform | 22 |
| surgical procedures in at least one Illinois hospital; and
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| (c) maintains adequate medical records for each | 24 |
| patient.
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| A license, unless sooner suspended or revoked, shall be | 26 |
| renewable
annually upon approval by the Department and payment |
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SB0243 |
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LRB095 04622 DRJ 24679 b |
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| of a license fee of
$300. Each license shall be issued only for | 2 |
| the premises and persons named in
the application and shall not | 3 |
| be transferable or assignable. The licenses shall
be posted in | 4 |
| a conspicuous place on the licensed premises. A placard or
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| registry of all physicians on staff in the facility shall be | 6 |
| centrally located
and available for inspection to any | 7 |
| interested person. The Department may,
either before or after | 8 |
| the issuance of a license, request the cooperation of
the State | 9 |
| Fire Marshal. The report and recommendations of this agency | 10 |
| shall be
in writing and shall state with particularity its | 11 |
| findings with respect to
compliance or noncompliance with such | 12 |
| minimum standards, rules and regulations.
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| On and after the effective date of this amendatory Act of | 14 |
| the 95th General Assembly, no license shall be granted or | 15 |
| renewed until the applicant seeking the license submits to the | 16 |
| Department, and the Department approves, a plan for the service | 17 |
| of medically underserved populations that details for each of | 18 |
| the facility's next 5 years of operation (i) the proportion of | 19 |
| its total projected patients in the categories of indigent and | 20 |
| Medicaid recipients and (ii) how the facility will serve those | 21 |
| patients. The Department shall adopt rules for implementing the | 22 |
| requirement of a plan for the service of medically underserved | 23 |
| populations, including the development of appropriate minimum | 24 |
| proportions of facility patients in the categories of indigent | 25 |
| and Medicaid recipients.
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| The Director may issue a provisional license to any |
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LRB095 04622 DRJ 24679 b |
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| ambulatory
surgical treatment center which does not | 2 |
| substantially comply with the
provisions of this Act and the | 3 |
| standards, rules and regulations
promulgated by virtue thereof | 4 |
| provided that he finds that such
ambulatory surgical treatment | 5 |
| center will undertake changes and
corrections which upon | 6 |
| completion will render the ambulatory surgical
treatment | 7 |
| center in substantial compliance with the provisions of this
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| Act, and the standards, rules and regulations adopted | 9 |
| hereunder, and
provided that the health and safety of the | 10 |
| patients of the ambulatory
surgical treatment center will be | 11 |
| protected during the period for which
such provisional license | 12 |
| is issued. The Director shall advise the
licensee of the | 13 |
| conditions under which such provisional license is
issued, | 14 |
| including the manner in which the facilities fail to comply | 15 |
| with
the provisions of the Act, standards, rules and | 16 |
| regulations, and the
time within which the changes and | 17 |
| corrections necessary for such
ambulatory surgical treatment | 18 |
| center to substantially comply with this
Act, and the | 19 |
| standards, rules and regulations of the Department relating
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| thereto shall be completed.
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| A person or facility not licensed under this Act or the | 22 |
| Hospital Licensing
Act shall not hold itself out to the public | 23 |
| as a "surgery center" or as a
"center for surgery".
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| (Source: P.A. 88-490.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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