Full Text of HB1720 96th General Assembly
HB1720sam001 96TH GENERAL ASSEMBLY | Sen. Heather Steans Filed: 11/30/2010
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| 1 | | AMENDMENT TO HOUSE BILL 1720
| 2 | | AMENDMENT NO. ______. Amend House Bill 1720 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Hospital Licensing Act is amended by | 5 | | changing Sections 3 and 4.6 as follows:
| 6 | | (210 ILCS 85/3)
| 7 | | Sec. 3. As used in this Act:
| 8 | | (A) "Hospital" means any institution, place, building, | 9 | | buildings on a campus, or agency, public
or private, whether | 10 | | organized for profit or not, devoted primarily to the
| 11 | | maintenance and operation of facilities for the diagnosis and | 12 | | treatment or
care of 2 or more unrelated persons admitted for | 13 | | overnight stay or longer
in order to obtain medical, including | 14 | | obstetric, psychiatric and nursing,
care of illness, disease, | 15 | | injury, infirmity, or deformity.
| 16 | | The term "hospital", without regard to length of stay, |
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| 1 | | shall also
include:
| 2 | | (a) any facility which is devoted primarily to | 3 | | providing psychiatric and
related services and programs | 4 | | for the diagnosis and treatment or care of
2 or more | 5 | | unrelated persons suffering from emotional or nervous | 6 | | diseases;
| 7 | | (b) all places where pregnant females are received, | 8 | | cared for, or
treated during delivery irrespective of the | 9 | | number of patients received.
| 10 | | The term "hospital" includes general and specialized | 11 | | hospitals,
tuberculosis sanitaria, mental or psychiatric | 12 | | hospitals and sanitaria, and
includes maternity homes, | 13 | | lying-in homes, and homes for unwed mothers in
which care is | 14 | | given during delivery.
| 15 | | The term "hospital" does not include:
| 16 | | (1) any person or institution
required to be licensed | 17 | | pursuant to the Nursing Home Care Act or the MR/DD | 18 | | Community Care Act;
| 19 | | (2) hospitalization or care facilities maintained by | 20 | | the State or any
department or agency thereof, where such | 21 | | department or agency has authority
under law to establish | 22 | | and enforce standards for the hospitalization or
care | 23 | | facilities under its management and control;
| 24 | | (3) hospitalization or care facilities maintained by | 25 | | the federal
government or agencies thereof;
| 26 | | (4) hospitalization or care facilities maintained by |
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| 1 | | any university or
college established under the laws of | 2 | | this State and supported principally
by public funds raised | 3 | | by taxation;
| 4 | | (5) any person or facility required to be licensed | 5 | | pursuant to the
Alcoholism and Other Drug Abuse and | 6 | | Dependency Act;
| 7 | | (6) any facility operated solely by and for persons who | 8 | | rely
exclusively upon treatment by spiritual means through | 9 | | prayer, in accordance
with the creed or tenets of any | 10 | | well-recognized church or religious
denomination;
| 11 | | (7) an Alzheimer's disease management center | 12 | | alternative health care
model licensed under the | 13 | | Alternative Health Care Delivery Act; or
| 14 | | (8) any veterinary hospital or clinic operated by a | 15 | | veterinarian or veterinarians licensed under the | 16 | | Veterinary Medicine and Surgery Practice Act of 2004 or | 17 | | maintained by a State-supported or publicly funded | 18 | | university or college. | 19 | | (B) "Person" means the State, and any political subdivision | 20 | | or municipal
corporation, individual, firm, partnership, | 21 | | corporation, company,
association, or joint stock association, | 22 | | or the legal successor thereof.
| 23 | | (C) "Department" means the Department of Public Health of | 24 | | the State of
Illinois.
| 25 | | (D) "Director" means the Director of Public Health of
the | 26 | | State of Illinois.
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| 1 | | (E) "Perinatal" means the period of time
between the | 2 | | conception of an
infant and the end of the first month after | 3 | | birth.
| 4 | | (F) "Federally designated organ procurement agency" means | 5 | | the organ
procurement agency designated by the Secretary of the | 6 | | U.S. Department of Health
and Human Services for the service | 7 | | area in which a hospital is located; except
that in the case of | 8 | | a hospital located in a county adjacent to Wisconsin
which | 9 | | currently contracts with an organ procurement agency located in | 10 | | Wisconsin
that is not the organ procurement agency designated | 11 | | by the U.S. Secretary of
Health and Human Services for the | 12 | | service area in which the hospital is
located, if the hospital | 13 | | applies for a waiver pursuant to 42 USC
1320b-8(a), it may | 14 | | designate an organ procurement agency
located in Wisconsin to | 15 | | be thereafter deemed its federally designated organ
| 16 | | procurement agency for the purposes of this Act.
| 17 | | (G) "Tissue bank" means any facility or program operating | 18 | | in Illinois
that is certified by the American Association of | 19 | | Tissue Banks or the Eye Bank
Association of America and is | 20 | | involved in procuring, furnishing, donating,
or distributing | 21 | | corneas, bones, or other human tissue for the purpose of
| 22 | | injecting, transfusing, or transplanting any of them into the | 23 | | human body.
"Tissue bank" does not include a licensed blood | 24 | | bank. For the purposes of this
Act, "tissue" does not include | 25 | | organs.
| 26 | | (H) "Campus", as this terms applies to operations, has the |
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| 1 | | same meaning as the term "campus" as set forth in federal | 2 | | Medicare regulations, 42 CFR 413.65. | 3 | | (Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10; | 4 | | 96-1000, eff. 7-2-10.)
| 5 | | (210 ILCS 85/4.6)
| 6 | | Sec. 4.6. Additional licensing requirements.
| 7 | | (a) Notwithstanding any other law or rule to the contrary, | 8 | | the Department
may license as a hospital a building
that (i) is | 9 | | owned or operated by a hospital licensed
under
this Act, (ii) | 10 | | is located in a municipality with a population of less than
| 11 | | 60,000, and
(iii) includes a postsurgical recovery care center | 12 | | licensed under the
Alternative
Health Care Delivery Act for a | 13 | | period of not less than 2 years, an ambulatory
surgical | 14 | | treatment center licensed under the Ambulatory Surgical | 15 | | Treatment
Center Act, and a
Freestanding
Emergency Center | 16 | | licensed under the Emergency Medical Services (EMS)
Systems | 17 | | Act. Only the components of the building which are currently | 18 | | licensed
shall be eligible under the provisions of this | 19 | | Section.
| 20 | | (b) Prior to issuing a license, the Department shall | 21 | | inspect the facility
and
require the facility to meet such of | 22 | | the Department's rules relating to
the
establishment of | 23 | | hospitals as the Department determines are appropriate to such
| 24 | | facility. Once the Department approves the facility and issues | 25 | | a hospital
license, all other licenses as listed in subsection |
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| 1 | | (a) above shall be null and
void.
| 2 | | (c) Only one license may be issued under the authority of | 3 | | this Section.
No license may be issued after 18 months after | 4 | | the effective date of this
amendatory Act of the 91st General | 5 | | Assembly.
| 6 | | (d) Beginning on the effective date of this amendatory Act | 7 | | of the 96th General Assembly, each hospital building or | 8 | | facility that is (i) located on the campus of the licensee but | 9 | | on a site that is not contiguous, adjacent, or otherwise | 10 | | attached to the main hospital building of the campus of the | 11 | | licensee, (ii) operated by the licensee, and (iii) provides | 12 | | inpatient services to patients at this building or facility | 13 | | shall, at a minimum, individually comply with the Department's | 14 | | hospital licensing requirements for emergency services. The | 15 | | hospital shall submit to the Department a comprehensive plan | 16 | | describing the services and operations of each facility or | 17 | | building and how common services or operations will be | 18 | | coordinated between the various locations. The Department | 19 | | shall review the plan and may authorize a waiver granting an | 20 | | exemption for compliance with the hospital licensing | 21 | | requirements for specific buildings or facilities, including | 22 | | requirements for emergency services, provided that the | 23 | | hospital has documented which other building or facility under | 24 | | its single license provides that service or operation, and that | 25 | | doing so would not endanger the public's health, safety, or | 26 | | welfare. Nothing in this Section relieves a hospital from the |
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| 1 | | requirements of the Illinois Health Facilities Planning Act. | 2 | | (Source: P.A. 91-736, eff. 6-2-00.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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