Full Text of SB0731 96th General Assembly
SB0731sam001 96TH GENERAL ASSEMBLY
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Sen. William Delgado
Filed: 3/16/2010
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| AMENDMENT TO SENATE BILL 731
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| AMENDMENT NO. ______. Amend Senate Bill 731 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by adding | 5 |
| Sections 5.756 and 5.757 as follows: | 6 |
| (30 ILCS 105/5.756 new) | 7 |
| Sec. 5.756. The Hospital Licensure Fund. | 8 |
| (30 ILCS 105/5.757 new) | 9 |
| Sec. 5.757. The Ambulatory Surgical Treatment Center Fund. | 10 |
| Section 10. The Ambulatory Surgical Treatment Center Act is | 11 |
| amended by changing Sections 5 and 6 and by adding Sections 5.5 | 12 |
| and 12.5 as follows:
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| (210 ILCS 5/5) (from Ch. 111 1/2, par. 157-8.5)
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| Sec. 5.
An application for a license to operate an | 2 |
| ambulatory surgical
treatment center shall be made to the | 3 |
| Department upon forms provided by
it and shall contain such | 4 |
| information as the Department reasonably
requires, which may | 5 |
| include affirmative evidence of ability to comply
with the | 6 |
| provisions of this Act and the standards, rules and
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| regulations, promulgated by virtue thereof.
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| All applications required under this Section shall be | 9 |
| signed by the
applicant, verified, and accompanied by a license
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| fee established pursuant to Section 5.5 of $500 .
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| (Source: P.A. 81-224.)
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| (210 ILCS 5/5.5 new) | 13 |
| Sec. 5.5. License fee. The Department shall by rule | 14 |
| establish the amount of the license fee required by Section 5 | 15 |
| of this Act, which shall not exceed $1,500; provided, however, | 16 |
| that prior to the establishment of the amount of the fee, the | 17 |
| Department shall obtain written certification from the | 18 |
| Department of Healthcare and Family Services that the | 19 |
| imposition of the fee and the amount of the fee would not | 20 |
| violate the limitations on health care-related taxes imposed by | 21 |
| 42 U.S.C. 1396b(w) and would not result in a reduction of the | 22 |
| amount of federal financial participation received by the State | 23 |
| for Medicaid expenditures.
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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 | 2 |
| Director may
deny the application for any of the following | 3 |
| reasons:
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| (1) Conviction of the applicant, or if the applicant is | 5 |
| a firm,
partnership
or association, of any of its members, | 6 |
| or if a corporation, of any of its
officers or directors, | 7 |
| or of the person designated to manage or supervise
the | 8 |
| facility, of a felony, or of 2 or more misdemeanors | 9 |
| involving moral
turpitude, as shown by a certified copy of | 10 |
| the record of the court of
conviction, or, in the case of | 11 |
| the conviction of a misdemeanor by a court not
of record, | 12 |
| as shown by other evidence, if the Director determines, | 13 |
| after
investigation, that such person has not been | 14 |
| sufficiently rehabilitated to
warrant the public trust; or | 15 |
| other satisfactory evidence that the moral
character of the | 16 |
| applicant, or manager, or supervisor of the facility is not
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| reputable;
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| (2) The licensure status or record of the applicant, or | 19 |
| if the applicant
is a firm, partnership or association, of | 20 |
| any of its members, or if a
corporation, of any of its | 21 |
| officers or directors, or of the person designated
to | 22 |
| manage or supervise the facility, from any other state | 23 |
| where the applicant
has done business in a similar capacity | 24 |
| indicates that granting a license to
the applicant would be | 25 |
| detrimental to the interests of the public; or
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| (3) The applicant has insufficient financial or other |
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| resources to operate
and conduct the facility in accordance | 2 |
| with the requirements of this Act
and the minimum | 3 |
| standards, rules and regulations promulgated thereunder.
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| The Director shall only issue a license if he finds that | 5 |
| the applicant
facility complies with this Act and the rules, | 6 |
| regulations and standards
promulgated pursuant thereto and:
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| (a) is under the medical supervision of one or more | 8 |
| physicians;
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| (b) permits a surgical procedure to be performed only | 10 |
| by a physician,
podiatrist or dentist who at the time is | 11 |
| privileged to have his patients
admitted by himself or an | 12 |
| associated physician and is himself privileged to
perform | 13 |
| surgical procedures in at least one Illinois hospital; and
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| (c) maintains adequate medical records for each | 15 |
| patient.
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| A license, unless sooner suspended or revoked, shall be | 17 |
| renewable
annually upon approval by the Department and payment | 18 |
| of a license fee as established pursuant to Section 5.5 of this | 19 |
| Act of
$300 . Each license shall be issued only for the premises | 20 |
| and persons named in
the application and shall not be | 21 |
| transferable or assignable. The licenses shall
be posted in a | 22 |
| conspicuous place on the licensed premises. A placard or
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| registry of all physicians on staff in the facility shall be | 24 |
| centrally located
and available for inspection to any | 25 |
| interested person. The Department may,
either before or after | 26 |
| the issuance of a license, request the cooperation of
the State |
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| Fire Marshal. The report and recommendations of this agency | 2 |
| shall be
in writing and shall state with particularity its | 3 |
| findings with respect to
compliance or noncompliance with such | 4 |
| minimum standards, rules and regulations.
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| The Director may issue a provisional license to any | 6 |
| ambulatory
surgical treatment center which does not | 7 |
| substantially comply with the
provisions of this Act and the | 8 |
| standards, rules and regulations
promulgated by virtue thereof | 9 |
| provided that he finds that such
ambulatory surgical treatment | 10 |
| center will undertake changes and
corrections which upon | 11 |
| completion will render the ambulatory surgical
treatment | 12 |
| center in substantial compliance with the provisions of this
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| Act, and the standards, rules and regulations adopted | 14 |
| hereunder, and
provided that the health and safety of the | 15 |
| patients of the ambulatory
surgical treatment center will be | 16 |
| protected during the period for which
such provisional license | 17 |
| is issued. The Director shall advise the
licensee of the | 18 |
| conditions under which such provisional license is
issued, | 19 |
| including the manner in which the facilities fail to comply | 20 |
| with
the provisions of the Act, standards, rules and | 21 |
| regulations, and the
time within which the changes and | 22 |
| corrections necessary for such
ambulatory surgical treatment | 23 |
| center to substantially comply with this
Act, and the | 24 |
| 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 |
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| Hospital Licensing
Act shall not hold itself out to the public | 2 |
| as a "surgery center" or as a
"center for surgery".
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| (Source: P.A. 88-490.)
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| (210 ILCS 5/12.5 new) | 5 |
| Sec. 12.5. Ambulatory Surgical Treatment Center Fund. The
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| Department shall deposit all fees and fines collected in
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| relation to the licensure of ambulatory surgical treatment
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| centers into the Ambulatory Surgical Treatment Center Fund, a
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| special fund created in the State treasury, for the purpose of
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| providing funding for the administration of the licensure
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| program for ambulatory surgical treatment centers. | 12 |
| Section 15. The Hospital Licensing Act is amended by | 13 |
| changing Sections 5 and 6 and by adding Section 14.5 as | 14 |
| follows:
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| (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
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| Sec. 5.
(a) An application for a permit to establish a | 17 |
| hospital shall be
made to the Department upon forms provided by | 18 |
| it. This application shall
contain such information as the | 19 |
| Department reasonably requires, which shall
include | 20 |
| affirmative evidence on which the Director may make the | 21 |
| findings
required under Section 6a of this Act.
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| (b) An application for a license to open, conduct, operate, | 23 |
| and maintain
a hospital shall be made to the Department upon |
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| forms provided by it , accompanied by a license fee established | 2 |
| pursuant to subsection (b-1), 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.
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| (b-1) The Department shall by rule establish the amount of | 8 |
| the license fee required by subsection (b), which shall not | 9 |
| exceed $30 per bed; provided, however, that prior to the | 10 |
| establishment of the amount of the fee, the Department shall | 11 |
| obtain written certification from the Department of Healthcare | 12 |
| and Family Services that the imposition of the fee and the | 13 |
| amount of the fee would not violate the limitations on health | 14 |
| care-related taxes imposed by 42 U.S.C. 1396b(w) and would not | 15 |
| result in a reduction of the amount of federal financial | 16 |
| participation received by the State for Medicaid expenditures. | 17 |
| The Department shall reduce the amount of the proposed fee as | 18 |
| necessary to obtain the required certification if the | 19 |
| Department of Healthcare and Family Services informs the | 20 |
| Department that the amount of the proposed fee may violate the | 21 |
| limitations on health care-related taxes imposed by 42 U.S.C. | 22 |
| 1396b(w) or may result in a reduction of the amount of federal | 23 |
| financial participation received by the State for Medicaid | 24 |
| expenditures. In addition, the Department may reduce the | 25 |
| license fee for any other reason. | 26 |
| (c) All applications required under this Section shall be |
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| signed by the
applicant and shall be verified. Applications on | 2 |
| behalf of a corporation or
association or a governmental unit | 3 |
| or agency shall be made and verified by
any two officers | 4 |
| thereof.
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| (Source: Laws 1965, p. 2350.)
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| (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
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| Sec. 6.
(a) Upon receipt of an application for a permit to | 8 |
| establish
a hospital the Director shall issue a permit if he | 9 |
| finds (1) that the
applicant is fit, willing, and able to | 10 |
| provide a proper standard of
hospital service for the community | 11 |
| with particular regard to the
qualification, background, and | 12 |
| character of the applicant, (2) that the
financial resources | 13 |
| available to the applicant demonstrate an ability to
construct, | 14 |
| maintain, and operate a hospital in accordance with the
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| standards, rules, and regulations adopted pursuant to this Act, | 16 |
| and (3)
that safeguards are provided which assure hospital | 17 |
| operation and
maintenance consistent with the public interest | 18 |
| having particular regard
to safe, adequate, and efficient | 19 |
| hospital facilities and services.
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| The Director may request the cooperation of county and
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| multiple-county health departments, municipal boards of | 22 |
| health, and
other governmental and non-governmental agencies | 23 |
| in obtaining
information and in conducting investigations | 24 |
| relating to such
applications.
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| A permit to establish a hospital shall be valid only for |
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| the premises
and person named in the application for such | 2 |
| permit and shall not be
transferable or assignable.
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| In the event the Director issues a permit to establish a | 4 |
| hospital the
applicant shall thereafter submit plans and | 5 |
| specifications to the
Department in accordance with Section 8 | 6 |
| of this Act.
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| (b) Upon receipt of an application for license to open, | 8 |
| conduct,
operate, and maintain a hospital, the Director shall | 9 |
| issue a license if
he finds the applicant and the hospital | 10 |
| facilities comply with
standards, rules, and regulations | 11 |
| promulgated under this Act. A license,
unless sooner suspended | 12 |
| or revoked, shall be renewable annually upon
approval by the | 13 |
| Department and payment of a license fee as established pursuant | 14 |
| to Section 5 of this Act . Each license shall be issued only for | 15 |
| the
premises and persons named in the application and shall not | 16 |
| be
transferable or assignable. Licenses shall be posted in a | 17 |
| conspicuous
place on the licensed premises. The Department may, | 18 |
| either before or
after the issuance of a license, request the | 19 |
| cooperation of the State Fire
Marshal, county
and multiple | 20 |
| county health departments, or municipal boards of health to
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| make investigations to determine if the applicant or licensee | 22 |
| is
complying with the minimum standards prescribed by the | 23 |
| Department. The
report and recommendations of any such agency | 24 |
| shall be in writing and
shall state with particularity its | 25 |
| findings with respect to compliance
or noncompliance with such | 26 |
| minimum standards, rules, and regulations.
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| The Director may issue a provisional license to any | 2 |
| hospital which
does not substantially comply with the | 3 |
| provisions of this Act and the
standards, rules, and | 4 |
| regulations promulgated by virtue thereof provided
that he | 5 |
| finds that such hospital has undertaken changes and corrections
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| which upon completion will render the hospital in substantial | 7 |
| compliance
with the provisions of this Act, and the standards, | 8 |
| rules, and
regulations adopted hereunder, and provided that the | 9 |
| health and safety
of the patients of the hospital will be | 10 |
| protected during the period for
which such provisional license | 11 |
| is issued. The Director shall advise the
licensee of the | 12 |
| conditions under which such provisional license is
issued, | 13 |
| including the manner in which the hospital facilities fail to
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| comply with the provisions of the Act, standards, rules, and
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| regulations, and the time within which the changes and | 16 |
| corrections
necessary for such hospital facilities to | 17 |
| substantially comply with this
Act, and the standards, rules, | 18 |
| and regulations of the Department
relating thereto shall be | 19 |
| completed.
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| (Source: P.A. 80-56.)
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| (210 ILCS 85/14.5 new) | 22 |
| Sec. 14.5. Hospital Licensure Fund. The Department shall
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| deposit all fees and fines collected in relation to the
| 24 |
| licensure of hospitals into the Hospital Licensure Fund, a
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| special fund created in the State treasury, for the purpose of
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| providing programs, information, or assistance designed to | 2 |
| improve patient safety and quality in hospitals. | 3 |
| Notwithstanding any other provision of law, the moneys | 4 |
| deposited into the Hospital Licensure Fund shall not be subject | 5 |
| to transfer to other funds held by the State or used by the | 6 |
| Department for any purposes other than those specified under | 7 |
| this Section.
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
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