Full Text of SB0264 95th General Assembly
SB0264ham002 95TH GENERAL ASSEMBLY
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Rep. Julie Hamos
Filed: 5/18/2007
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09500SB0264ham002 |
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LRB095 03976 DRJ 36256 a |
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| AMENDMENT TO SENATE BILL 264
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| AMENDMENT NO. ______. Amend Senate Bill 264, AS AMENDED, in | 3 |
| Section 5, Sec. 35, by replacing all of item (6) with the | 4 |
| following:
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| " (6) Alternative health care delivery model; birth | 6 |
| center. A birth
center shall be exclusively dedicated to | 7 |
| serving the childbirth-related needs of women and their | 8 |
| newborns and shall have no more than 10 beds. A birth | 9 |
| center is a designated site
that is away from the mother's | 10 |
| usual place of residence and in which births are
planned to | 11 |
| occur following a normal, uncomplicated, and low-risk | 12 |
| pregnancy. A
birth center shall offer prenatal care and | 13 |
| community education services and
shall coordinate these | 14 |
| services with other health care services available in
the | 15 |
| community.
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| (A) A birth center shall not be separately licensed | 17 |
| if it
is one of the following: | 18 |
| (1) A part of a hospital; or |
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| (2) A freestanding facility that is physically
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| distinct from a hospital but is operated under a
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| license issued to a hospital under the Hospital
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| Licensing Act. | 5 |
| (B) A separate birth center license shall be | 6 |
| required if the birth center is operated as: | 7 |
| (1) A part of the operation of a federally
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| qualified health center as designated by the | 9 |
| United
States Department of Health and Human | 10 |
| Services; or | 11 |
| (2) A facility other than one described in | 12 |
| subparagraph (A)(1), (A)(2), or (B)(1) of this | 13 |
| paragraph (6) whose costs are
reimbursable under | 14 |
| Title XIX of the federal Social
Security Act. | 15 |
| In adopting rules for birth centers, the Department | 16 |
| shall consider:
the American Association
of Birth Centers' | 17 |
| Standards for Freestanding Birth Centers; the American | 18 |
| Academy of Pediatrics/American College of Obstetricians | 19 |
| and Gynecologists Guidelines for Perinatal Care; and the | 20 |
| Regionalized Perinatal Health Care Code. The Department's | 21 |
| rules shall stipulate the eligibility criteria for birth | 22 |
| center admission. The Department's rules shall
stipulate | 23 |
| the necessary equipment for emergency care
according to the | 24 |
| American Association of Birth Centers'
standards and any | 25 |
| additional equipment deemed necessary by the Department. | 26 |
| The Department's rules shall provide for a time
period |
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| within which each birth center not part of a
hospital must | 2 |
| become accredited by either the Commission for the
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| Accreditation of Freestanding Birth Centers or The Joint | 4 |
| Commission. | 5 |
| A birth center shall be certified to participate in the | 6 |
| Medicare and Medicaid
programs under Titles XVIII and XIX, | 7 |
| respectively, of the federal Social
Security Act.
To the | 8 |
| extent necessary, the Illinois Department of Healthcare | 9 |
| and Family Services shall apply for
a waiver from the | 10 |
| United States Health Care Financing Administration to | 11 |
| allow
birth centers to be reimbursed under Title XIX of the | 12 |
| federal Social Security
Act.
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| A birth center that is not operated under a hospital | 14 |
| license shall be located within a ground travel time | 15 |
| distance from the general acute care hospital with which
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| the birth center maintains a contractual relationship,
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| including a transfer agreement, as required under this
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| paragraph, that allows for an emergency caesarian delivery | 19 |
| to be started within 30 minutes of the decision a caesarian | 20 |
| delivery is necessary. A birth center operating under a | 21 |
| hospital license shall be located within a ground travel | 22 |
| time distance from the licensed hospital that allows for an | 23 |
| emergency caesarian delivery to be started within 30 | 24 |
| minutes of the decision a caesarian delivery is necessary. | 25 |
| The services of a
medial director physician, licensed | 26 |
| to practice medicine in all its branches, who is certified |
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| or eligible for certification by the
American College of | 2 |
| Obstetricians and Gynecologists or the
American Board of | 3 |
| Osteopathic Obstetricians and Gynecologists or has | 4 |
| hospital
obstetrical privileges are required in birth | 5 |
| centers. The medical director in consultation with the | 6 |
| Director of Nursing and Midwifery Services shall | 7 |
| coordinate the clinical staff and overall provision of | 8 |
| patient care.
The medical director or his or her physician | 9 |
| designee shall be available on the premises or within a | 10 |
| close proximity as defined by rule. The medical director | 11 |
| and the Director of Nursing and Midwifery Services shall | 12 |
| jointly develop and approve policies defining the criteria | 13 |
| to determine which pregnancies are accepted as normal, | 14 |
| uncomplicated, and low-risk, and the anesthesia services | 15 |
| available at the center. No general anesthesia may be | 16 |
| administered at the center. | 17 |
| If a birth center employs
certified nurse midwives, a | 18 |
| certified nurse midwife shall be the Director of
Nursing | 19 |
| and Midwifery
Services who is responsible for the | 20 |
| development of policies and procedures for
services as | 21 |
| provided by Department rules. | 22 |
| An obstetrician, family
practitioner, or certified | 23 |
| nurse midwife shall attend each woman in labor from
the | 24 |
| time of admission through birth and throughout the | 25 |
| immediate postpartum
period. Attendance may be delegated | 26 |
| only to another physician or certified
nurse
midwife. |
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| Additionally, a second staff person shall also be present | 2 |
| at each
birth who is licensed or certified in Illinois in a | 3 |
| health-related field and under the supervision of the | 4 |
| physician or certified nurse midwife
in attendance, has | 5 |
| specialized training in labor and delivery techniques and
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| care of newborns, and receives planned and ongoing training | 7 |
| as needed to
perform assigned duties effectively. | 8 |
| The maximum length of stay in a birth center shall be
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| consistent with existing State laws allowing a 48-hour stay | 10 |
| or appropriate
post-delivery care, if discharged earlier | 11 |
| than 48 hours. | 12 |
| A birth center shall
participate in the Illinois | 13 |
| Perinatal
System under the Developmental Disability | 14 |
| Prevention Act. At a minimum, this
participation shall | 15 |
| require a birth center to establish a letter of agreement
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| with a hospital designated under the Perinatal System. A | 17 |
| hospital that
operates or has a letter of agreement with a | 18 |
| birth center shall include the
birth center under its | 19 |
| maternity service plan under the Hospital Licensing Act
and | 20 |
| shall include the birth center in the hospital's letter of | 21 |
| agreement with
its regional perinatal center.
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| A birth center may not discriminate against any patient | 23 |
| requiring treatment
because of the source of payment for | 24 |
| services, including Medicare and Medicaid
recipients.
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| No general anesthesia and no surgery may be performed | 26 |
| at a birth center.
The Department may by rule add birth |
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| center patient eligibility criteria or standards as it | 2 |
| deems necessary.
The Department shall by rule require each | 3 |
| birth center to report the information which the Department | 4 |
| shall make publicly available, which shall include, but is | 5 |
| not limited to, the following: | 6 |
| (i) Birth center ownership. | 7 |
| (ii) Sources of payment for services. | 8 |
| (iii) Utilization data involving patient length of | 9 |
| stay. | 10 |
| (iv) Admissions and discharges. | 11 |
| (v) Complications. | 12 |
| (vi) Transfers. | 13 |
| (vii) Unusual incidents. | 14 |
| (viii) Deaths. | 15 |
| (xi) Any other publicly reported data required | 16 |
| under the Illinois Consumer Guide. | 17 |
| (x) Post-discharge patient status data where | 18 |
| patients are followed for 14 days after discharge from | 19 |
| the birth center to determine whether the mother or | 20 |
| baby developed a complication or infection. | 21 |
| Within 9 months after the effective date of this | 22 |
| amendatory Act of the 95th
General Assembly, the Department | 23 |
| shall adopt rules that are developed with consideration of: | 24 |
| the American Association of Birth Centers' Standards for | 25 |
| Freestanding Birth Centers; the American Academy of | 26 |
| Pediatrics/American College of Obstetricians and |
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LRB095 03976 DRJ 36256 a |
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| Gynecologists Guidelines for Perinatal Care; and the | 2 |
| Regionalized Perinatal Health Care Code.
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| The Department shall adopt other rules as necessary to | 4 |
| implement the provisions of this
amendatory Act of the 95th | 5 |
| General Assembly within 9 months after the
effective date | 6 |
| of this amendatory Act of the 95th General Assembly. ".
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