Full Text of SB2527 96th General Assembly
SB2527enr 96TH GENERAL ASSEMBLY
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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 Alternative Health Care Delivery Act is | 5 |
| amended by changing Section 30 as follows:
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| (210 ILCS 3/30)
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| Sec. 30. Demonstration program requirements. The | 8 |
| requirements set forth in
this Section shall apply to | 9 |
| demonstration programs.
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| (a) There shall be no more than:
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| (i) 3 subacute care hospital alternative health care | 12 |
| models in the City of
Chicago (one of which shall be | 13 |
| located on a designated site and shall have been
licensed | 14 |
| as a hospital under the Illinois Hospital Licensing Act | 15 |
| within the 10
years immediately before the application for | 16 |
| a license);
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| (ii) 2 subacute care hospital alternative health care | 18 |
| models in the
demonstration program for each of the | 19 |
| following areas:
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| (1) Cook County outside the City of Chicago.
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| (2) DuPage, Kane, Lake, McHenry, and Will | 22 |
| Counties.
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| (3) Municipalities with a population greater than |
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| 50,000 not
located in the areas described in item (i) | 2 |
| of subsection (a) and paragraphs
(1) and (2) of item | 3 |
| (ii) of subsection (a); and
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| (iii) 4 subacute care hospital alternative health care
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| models in the demonstration program for rural areas.
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| In selecting among applicants for these
licenses in rural | 7 |
| areas, the Health Facilities and Services Review Board and the
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| Department shall give preference to hospitals that may be | 9 |
| unable for economic
reasons to provide continued service to the | 10 |
| community in which they are located
unless the hospital were to | 11 |
| receive an alternative health care model license.
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| (a-5) There shall be no more than the total number of | 13 |
| postsurgical
recovery care centers with a certificate of need | 14 |
| for beds as of January 1, 2008.
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| (a-10) There shall be no more than a total of 9 children's | 16 |
| respite care
center alternative health care models in the | 17 |
| demonstration program, which shall
be located as follows:
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| (1) Two in the City of Chicago.
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| (2) One in Cook County outside the City of Chicago.
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| (3) A total of 2 in the area comprised of DuPage, Kane, | 21 |
| Lake, McHenry, and
Will counties.
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| (4) A total of 2 in municipalities with a population of | 23 |
| 50,000 or more and
not
located in the areas described in | 24 |
| paragraphs (1), (2), or (3).
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| (5) A total of 2 in rural areas, as defined by the | 26 |
| Health Facilities
and Services Review Board.
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| No more than one children's respite care model owned and | 2 |
| operated by a
licensed skilled pediatric facility shall be | 3 |
| located in each of the areas
designated in this subsection | 4 |
| (a-10).
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| (a-15) There shall be 5 2 authorized community-based | 6 |
| residential
rehabilitation center alternative health care | 7 |
| models in the demonstration
program.
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| (a-20) There shall be an authorized
Alzheimer's disease | 9 |
| management center alternative health care model in the
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| demonstration program. The Alzheimer's disease management | 11 |
| center shall be
located in Will
County, owned by a
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| not-for-profit entity, and endorsed by a resolution approved by | 13 |
| the county
board before the effective date of this amendatory | 14 |
| Act of the 91st General
Assembly.
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| (a-25) There shall be no more than 10 birth center | 16 |
| alternative health care
models in the demonstration program, | 17 |
| located as follows:
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| (1) Four in the area comprising Cook, DuPage, Kane, | 19 |
| Lake, McHenry, and
Will counties, one of
which shall be | 20 |
| owned or operated by a hospital and one of which shall be | 21 |
| owned
or operated by a federally qualified health center.
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| (2) Three in municipalities with a population of 50,000 | 23 |
| or more not
located in the area described in paragraph (1) | 24 |
| of this subsection, one of
which shall be owned or operated | 25 |
| by a hospital and one of which shall be owned
or operated | 26 |
| by a federally qualified health center.
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| (3) Three in rural areas, one of which shall be owned | 2 |
| or operated by a
hospital and one of which shall be owned | 3 |
| or operated by a federally qualified
health center.
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| The first 3 birth centers authorized to operate by the | 5 |
| Department shall be
located in or predominantly serve the | 6 |
| residents of a health professional
shortage area as determined | 7 |
| by the United States Department of Health and Human
Services. | 8 |
| There shall be no more than 2 birth centers authorized to | 9 |
| operate in
any single health planning area for obstetric | 10 |
| services as determined under the
Illinois Health Facilities | 11 |
| Planning Act. If a birth center is located outside
of a
health | 12 |
| professional shortage area, (i) the birth center shall be | 13 |
| located in a
health planning
area with a demonstrated need for | 14 |
| obstetrical service beds, as determined by
the Health | 15 |
| Facilities and Services Review Board or (ii) there must be a
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| reduction in
the existing number of obstetrical service beds in | 17 |
| the planning area so that
the establishment of the birth center | 18 |
| does not result in an increase in the
total number of | 19 |
| obstetrical service beds in the health planning area.
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| (b) Alternative health care models, other than a model | 21 |
| authorized under subsection (a-10) or subsections (a-10) and
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| (a-20), shall obtain a certificate of
need from the Health | 23 |
| Facilities and Services Review Board under the Illinois
Health | 24 |
| Facilities Planning Act before receiving a license by the
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| Department.
If, after obtaining its initial certificate of | 26 |
| need, an alternative health
care delivery model that is a |
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| community based residential rehabilitation center
seeks to
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| increase the bed capacity of that center, it must obtain a | 3 |
| certificate of need
from the Health Facilities and Services | 4 |
| Review Board before increasing the bed
capacity. Alternative
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| health care models in medically underserved areas
shall receive | 6 |
| priority in obtaining a certificate of need.
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| (c) An alternative health care model license shall be | 8 |
| issued for a
period of one year and shall be annually renewed | 9 |
| if the facility or
program is in substantial compliance with | 10 |
| the Department's rules
adopted under this Act. A licensed | 11 |
| alternative health care model that continues
to be in | 12 |
| substantial compliance after the conclusion of the | 13 |
| demonstration
program shall be eligible for annual renewals | 14 |
| unless and until a different
licensure program for that type of | 15 |
| health care model is established by
legislation, except that a | 16 |
| postsurgical recovery care center meeting the following | 17 |
| requirements may apply within 3 years after August 25, 2009 | 18 |
| ( the effective date of Public Act 96-669) this amendatory Act | 19 |
| of the 96th General Assembly for a Certificate of Need permit | 20 |
| to operate as a hospital: | 21 |
| (1) The postsurgical recovery care center shall apply | 22 |
| to the Illinois Health Facilities Planning Board for a | 23 |
| Certificate of Need permit to discontinue the postsurgical | 24 |
| recovery care center and to establish a hospital. | 25 |
| (2) If the postsurgical recovery care center obtains a | 26 |
| Certificate of Need permit to operate as a hospital, it |
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| shall apply for licensure as a hospital under the Hospital | 2 |
| Licensing Act and shall meet all statutory and regulatory | 3 |
| requirements of a hospital. | 4 |
| (3) After obtaining licensure as a hospital, any | 5 |
| license as an ambulatory surgical treatment center and any | 6 |
| license as a post-surgical recovery care center shall be | 7 |
| null and void. | 8 |
| (4) The former postsurgical recovery care center that | 9 |
| receives a hospital license must seek and use its best | 10 |
| efforts to maintain certification under Titles XVIII and | 11 |
| XIX of the federal Social Security Act. | 12 |
| The Department may issue a provisional license to any
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| alternative health care model that does not substantially | 14 |
| comply with the
provisions of this Act and the rules adopted | 15 |
| under this Act if (i)
the Department finds that the alternative | 16 |
| health care model has undertaken
changes and corrections which | 17 |
| upon completion will render the alternative
health care model | 18 |
| in substantial compliance with this Act and rules and
(ii) the | 19 |
| health and safety of the patients of the alternative
health | 20 |
| care model will be protected during the period for which the | 21 |
| provisional
license is issued. The Department shall advise the | 22 |
| licensee of
the conditions under which the provisional license | 23 |
| is issued, including
the manner in which the alternative health | 24 |
| care model fails to comply with
the provisions of this Act and | 25 |
| rules, and the time within which the changes
and corrections | 26 |
| necessary for the alternative health care model to
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| substantially comply with this Act and rules shall be | 2 |
| completed.
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| (d) Alternative health care models shall seek | 4 |
| certification under Titles
XVIII and XIX of the federal Social | 5 |
| Security Act. In addition, alternative
health care models shall | 6 |
| provide charitable care consistent with that provided
by | 7 |
| comparable health care providers in the geographic area.
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| (d-5) The Department of Healthcare and Family Services | 9 |
| (formerly Illinois Department of Public Aid), in cooperation | 10 |
| with the
Illinois Department of
Public Health, shall develop | 11 |
| and implement a reimbursement methodology for all
facilities | 12 |
| participating in the demonstration program. The Department of | 13 |
| Healthcare and Family Services shall keep a record of services | 14 |
| provided under the demonstration
program to recipients of | 15 |
| medical assistance under the Illinois Public Aid Code
and shall | 16 |
| submit an annual report of that information to the Illinois
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| Department of Public Health.
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| (e) Alternative health care models shall, to the extent | 19 |
| possible,
link and integrate their services with nearby health | 20 |
| care facilities.
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| (f) Each alternative health care model shall implement a | 22 |
| quality
assurance program with measurable benefits and at | 23 |
| reasonable cost.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08; 96-31, | 25 |
| eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, eff. 8-25-09; | 26 |
| 96-812, eff. 1-1-10; revised 11-4-09.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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