Full Text of HB1322 98th General Assembly
HB1322ham001 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/19/2014
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| 1 | | AMENDMENT TO HOUSE BILL 1322
| 2 | | AMENDMENT NO. ______. Amend House Bill 1322 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Hospital Licensing Act is amended by | 5 | | changing Sections 5 and 6 and by adding Section 14.5 as | 6 | | follows:
| 7 | | (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
| 8 | | Sec. 5.
(a) An application for a permit to establish a | 9 | | hospital shall be
made to the Department upon forms provided by | 10 | | it. This application shall
contain such information as the | 11 | | Department reasonably requires, which shall
include | 12 | | affirmative evidence on which the Director may make the | 13 | | findings
required under Section 6a of this Act.
| 14 | | (b) An application for a license to open, conduct, operate, | 15 | | and maintain
a hospital shall be made to the Department upon | 16 | | forms provided by it , accompanied by a license fee of $55 per |
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| 1 | | bed, or such lesser amount as the Department may establish by | 2 | | administrative rule in consultation with the Department of | 3 | | Healthcare and Family Services to comply with the limitations | 4 | | on health care-related taxes imposed by 42 U.S.C. 1396b(w) | 5 | | that, if violated, would result in reductions to the amount of | 6 | | federal financial participation received by the State for | 7 | | Medicaid expenditures, and
shall contain such information as | 8 | | the Department reasonably requires, which
may include | 9 | | affirmative evidence of ability to comply with the provisions
| 10 | | of this Act and the standards, rules, and regulations, | 11 | | promulgated by
virtue thereof.
| 12 | | (c) All applications required under this Section shall be | 13 | | signed by the
applicant and shall be verified. Applications on | 14 | | behalf of a corporation or
association or a governmental unit | 15 | | or agency shall be made and verified by
any two officers | 16 | | thereof.
| 17 | | (Source: Laws 1965, p. 2350.)
| 18 | | (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
| 19 | | Sec. 6.
(a) Upon receipt of an application for a permit to | 20 | | establish
a hospital the Director shall issue a permit if he | 21 | | finds (1) that the
applicant is fit, willing, and able to | 22 | | provide a proper standard of
hospital service for the community | 23 | | with particular regard to the
qualification, background, and | 24 | | character of the applicant, (2) that the
financial resources | 25 | | available to the applicant demonstrate an ability to
construct, |
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| 1 | | maintain, and operate a hospital in accordance with the
| 2 | | standards, rules, and regulations adopted pursuant to this Act, | 3 | | and (3)
that safeguards are provided which assure hospital | 4 | | operation and
maintenance consistent with the public interest | 5 | | having particular regard
to safe, adequate, and efficient | 6 | | hospital facilities and services.
| 7 | | The Director may request the cooperation of county and
| 8 | | multiple-county health departments, municipal boards of | 9 | | health, and
other governmental and non-governmental agencies | 10 | | in obtaining
information and in conducting investigations | 11 | | relating to such
applications.
| 12 | | A permit to establish a hospital shall be valid only for | 13 | | the premises
and person named in the application for such | 14 | | permit and shall not be
transferable or assignable.
| 15 | | In the event the Director issues a permit to establish a | 16 | | hospital the
applicant shall thereafter submit plans and | 17 | | specifications to the
Department in accordance with Section 8 | 18 | | of this Act.
| 19 | | (b) Upon receipt of an application for license to open, | 20 | | conduct,
operate, and maintain a hospital, the Director shall | 21 | | issue a license if
he finds the applicant and the hospital | 22 | | facilities comply with
standards, rules, and regulations | 23 | | promulgated under this Act. A license,
unless sooner suspended | 24 | | or revoked, shall be renewable annually upon
approval by the | 25 | | Department and payment of a license fee as established pursuant | 26 | | to Section 5 of this Act . Each license shall be issued only for |
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| 1 | | the
premises and persons named in the application and shall not | 2 | | be
transferable or assignable. Licenses shall be posted in a | 3 | | conspicuous
place on the licensed premises. The Department may, | 4 | | either before or
after the issuance of a license, request the | 5 | | cooperation of the State Fire
Marshal, county
and multiple | 6 | | county health departments, or municipal boards of health to
| 7 | | make investigations to determine if the applicant or licensee | 8 | | is
complying with the minimum standards prescribed by the | 9 | | Department. The
report and recommendations of any such 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.
| 13 | | The Director may issue a provisional license to any | 14 | | hospital which
does not substantially comply with the | 15 | | provisions of this Act and the
standards, rules, and | 16 | | regulations promulgated by virtue thereof provided
that he | 17 | | finds that such hospital has undertaken changes and corrections
| 18 | | which upon completion will render the hospital in substantial | 19 | | compliance
with the provisions of this Act, and the standards, | 20 | | rules, and
regulations adopted hereunder, and provided that the | 21 | | health and safety
of the patients of the hospital will be | 22 | | protected during the period for
which such provisional license | 23 | | is issued. The Director shall advise the
licensee of the | 24 | | conditions under which such provisional license is
issued, | 25 | | including the manner in which the hospital facilities fail to
| 26 | | comply with the provisions of the Act, standards, rules, and
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| 1 | | regulations, and the time within which the changes and | 2 | | corrections
necessary for such hospital facilities to | 3 | | substantially comply with this
Act, and the standards, rules, | 4 | | and regulations of the Department
relating thereto shall be | 5 | | completed.
| 6 | | (Source: P.A. 80-56.)
| 7 | | (210 ILCS 85/14.5 new) | 8 | | Sec. 14.5. Hospital Licensure Fund. | 9 | | (a) There is created in the State treasury the Hospital | 10 | | Licensure Fund. The Fund is created for the purpose of | 11 | | providing funding for the administration of the licensure | 12 | | program and patient safety and quality initiatives for | 13 | | hospitals, including, without limitation, the implementation | 14 | | of the Illinois Adverse Health Care Events Reporting Law of | 15 | | 2005. | 16 | | (b) The Fund shall consist of the following: | 17 | | (1) fees collected pursuant to this Section; | 18 | | (2) federal matching funds received by the State as a | 19 | | result of expenditures made by the Department that are | 20 | | attributable to moneys deposited in the Fund; | 21 | | (3) interest earned on moneys deposited in the Fund; | 22 | | and | 23 | | (4) other moneys received for the Fund from any other | 24 | | source, including interest earned thereon. | 25 | | (c) Disbursements from the Fund shall be made only for: |
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| 1 | | (1) initially, the implementation of the Illinois | 2 | | Adverse Health Care Events Reporting Law of 2005; | 3 | | (2) subsequently, programs, information, or | 4 | | assistance, including measures to address public | 5 | | complaints, designed to measurably improve quality and | 6 | | patient safety; and | 7 | | (3) the reimbursement of moneys collected by the | 8 | | Department through error or mistake. | 9 | | (d) The uses described in paragraph (2) of subsection (c) | 10 | | shall be developed in conjunction with a statewide organization | 11 | | representing a majority of hospitals. | 12 | | Section 8. The Illinois Adverse Health Care Events | 13 | | Reporting Law of 2005 is amended by changing Sections 10-10 and | 14 | | 10-15 as follows: | 15 | | (410 ILCS 522/10-10)
| 16 | | Sec. 10-10. Definitions. As used in this Law, the following | 17 | | terms have the following meanings: | 18 | | "Adverse health care event" means any event identified as a | 19 | | serious reportable event by the National Quality Forum and | 20 | | certain patient safety events identified by the Centers for | 21 | | Medicare and Medicaid Services as defined by rule on the | 22 | | effective date of this amendatory Act of the 98th General | 23 | | Assembly. The Department shall adopt, by rule, the list of | 24 | | adverse health care events. The rules in effect on May 1, 2013, |
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| 1 | | that define "adverse health care event" shall remain in effect | 2 | | until new rules are adopted in accordance with this amendatory | 3 | | Act of the 98th General Assembly. If the National Quality Forum | 4 | | thereafter revises its list of serious reportable events | 5 | | through addition, deletion, or modification, then the term | 6 | | "adverse health care event" for purposes of this Law shall be | 7 | | similarly revised, effective no sooner than 6 months after the | 8 | | revision by the originating organization. described in | 9 | | subsections (b) through (g) of Section 10-15 . | 10 | | "Department" means the Illinois Department of Public | 11 | | Health. | 12 | | "Health care facility" means a hospital maintained by the | 13 | | State or any department or agency thereof where such department | 14 | | or agency has authority under law to establish and enforce | 15 | | standards for the hospital under its management and control, a | 16 | | hospital maintained by any university or college established | 17 | | under the laws of this State and supported principally by | 18 | | public funds raised by taxation, a hospital licensed under the | 19 | | Hospital Licensing Act, a hospital organized under the | 20 | | University of Illinois Hospital Act, and an ambulatory surgical | 21 | | treatment center licensed under the Ambulatory Surgical | 22 | | Treatment Center Act.
| 23 | | (Source: P.A. 94-242, eff. 7-18-05.) | 24 | | (410 ILCS 522/10-15)
| 25 | | Sec. 10-15. Health care facility requirements to report, |
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| 1 | | analyze, and correct. | 2 | | (a) Reports of adverse health care events required. Each | 3 | | health care facility shall report to the Department the | 4 | | occurrence of any of the adverse health care events described | 5 | | in subsections (b) through (g) no later than 30 days after | 6 | | discovery of the event. The report shall be filed in a format | 7 | | specified by the Department and shall identify the health care | 8 | | facility, but shall not include any information identifying or | 9 | | that tends to identify any of the health care professionals, | 10 | | employees, or patients involved. | 11 | | (b) (Blank). Surgical events. Events reportable under this | 12 | | subsection are: | 13 | | (1) Surgery performed on a wrong body part that is not | 14 | | consistent with the documented informed consent for that | 15 | | patient. Reportable events under this clause do not include | 16 | | situations requiring prompt action that occur in the course | 17 | | of surgery or situations whose urgency precludes obtaining | 18 | | informed consent. | 19 | | (2) Surgery performed on the wrong patient. | 20 | | (3) The wrong surgical procedure performed on a patient | 21 | | that is not consistent with the documented informed consent | 22 | | for that patient. Reportable events under this clause do | 23 | | not include situations requiring prompt action that occur | 24 | | in the course of surgery or situations whose urgency | 25 | | precludes obtaining informed consent. | 26 | | (4) Retention of a foreign object in a patient after |
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| 1 | | surgery or other procedure, excluding objects | 2 | | intentionally implanted as part of a planned intervention | 3 | | and objects present prior to surgery that are intentionally | 4 | | retained. | 5 | | (5) Death during or immediately after surgery of a | 6 | | normal, healthy patient who has no organic, physiologic, | 7 | | biochemical, or psychiatric disturbance and for whom the | 8 | | pathologic processes for which the operation is to be | 9 | | performed are localized and do not entail a systemic | 10 | | disturbance. | 11 | | (c) (Blank). Product or device events. Events reportable | 12 | | under this subsection are: | 13 | | (1) Patient death or serious disability associated | 14 | | with the use of contaminated drugs, devices, or biologics | 15 | | provided by the health care facility when the contamination | 16 | | is the result of generally detectable contaminants in | 17 | | drugs, devices, or biologics regardless of the source of | 18 | | the contamination or the product. | 19 | | (2) Patient death or serious disability associated | 20 | | with the use or function of a device in patient care in | 21 | | which the device is used or functions other than as | 22 | | intended. "Device" includes, but is not limited to, | 23 | | catheters, drains, and other specialized tubes, infusion | 24 | | pumps, and ventilators. | 25 | | (3) Patient death or serious disability associated | 26 | | with intravascular air embolism that occurs while being |
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| 1 | | cared for in a health care facility, excluding deaths | 2 | | associated with neurosurgical procedures known to present | 3 | | a high risk of intravascular air embolism. | 4 | | (d) (Blank). Patient protection events. Events reportable | 5 | | under this subsection are: | 6 | | (1) An infant discharged to the wrong person. | 7 | | (2) Patient death or serious disability associated | 8 | | with patient disappearance for more than 4 hours, excluding | 9 | | events involving adults who have decision-making capacity. | 10 | | (3) Patient suicide or attempted suicide resulting in | 11 | | serious disability while being cared for in a health care | 12 | | facility due to patient actions after admission to the | 13 | | health care facility, excluding deaths resulting from | 14 | | self-inflicted injuries that were the reason for admission | 15 | | to the health care facility. | 16 | | (e) (Blank). Care management events. Events reportable | 17 | | under this subsection are: | 18 | | (1) Patient death or serious disability associated | 19 | | with a medication error, including, but not limited to, | 20 | | errors involving the wrong drug, the wrong dose, the wrong | 21 | | patient, the wrong time, the wrong rate, the wrong | 22 | | preparation, or the wrong route of administration, | 23 | | excluding reasonable differences in clinical judgment on | 24 | | drug selection and dose. | 25 | | (2) Patient death or serious disability associated | 26 | | with a hemolytic reaction due to the administration of |
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| 1 | | ABO-incompatible blood or blood products. | 2 | | (3) Maternal death or serious disability associated | 3 | | with labor or delivery in a low-risk pregnancy while being | 4 | | cared for in a health care facility, excluding deaths from | 5 | | pulmonary or amniotic fluid embolism, acute fatty liver of | 6 | | pregnancy, or cardiomyopathy. | 7 | | (4) Patient death or serious disability directly | 8 | | related to hypoglycemia, the onset of which occurs while | 9 | | the patient is being cared for in a health care facility | 10 | | for a condition unrelated to hypoglycemia. | 11 | | (f) (Blank). Environmental events. Events reportable under | 12 | | this subsection are: | 13 | | (1) Patient death or serious disability associated | 14 | | with an electric shock while being cared for in a health | 15 | | care facility, excluding events involving planned | 16 | | treatments such as electric countershock.
| 17 | | (2) Any incident in which a line designated for oxygen | 18 | | or other gas to be delivered to a patient contains the | 19 | | wrong gas or is contaminated by toxic substances.
| 20 | | (3) Patient death or serious disability associated | 21 | | with a burn incurred from any source while being cared for | 22 | | in a health care facility that is not consistent with the | 23 | | documented informed consent for that patient. Reportable | 24 | | events under this clause do not include situations | 25 | | requiring prompt action that occur in the course of surgery | 26 | | or situations whose urgency precludes obtaining informed |
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| 1 | | consent.
| 2 | | (4) Patient death associated with a fall while being | 3 | | cared for in a health care facility.
| 4 | | (5) Patient death or serious disability associated | 5 | | with the use of restraints or bedrails while being cared | 6 | | for in a health care facility. | 7 | | (g) (Blank). Physical security events. Events reportable | 8 | | under this subsection are: | 9 | | (1) Any instance of care ordered by or provided by | 10 | | someone impersonating a physician, nurse, pharmacist, or | 11 | | other licensed health care provider. | 12 | | (2) Abduction of a patient of any age. | 13 | | (3) Sexual assault on a patient within or on the | 14 | | grounds of a health care facility. | 15 | | (4) Death or significant injury of a patient or staff | 16 | | member resulting from a physical assault that occurs within | 17 | | or on the grounds of a health care facility. | 18 | | (g-5) If the adverse health care events subject to this Law | 19 | | are revised as described in Section 10-10, then the Department | 20 | | shall provide notice to all affected health care facilities | 21 | | promptly upon the revision and shall inform affected health | 22 | | care facilities of the effective date of the revision for | 23 | | purposes of reporting under this Law. | 24 | | (h) Definitions. As pertains to an adverse health care | 25 | | event used in this Section 10-15: | 26 | |
"Death" means patient death related to an adverse event |
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| 1 | | and not related solely to the natural course of the patient's | 2 | | illness or underlying condition. Events otherwise reportable | 3 | | under this Section 10-15 shall be reported even if the death | 4 | | might have otherwise occurred as the natural course of the | 5 | | patient's illness or underlying condition. | 6 | | "Serious disability" means a physical or mental | 7 | | impairment, including loss of a body part, related to an | 8 | | adverse event and not related solely to the natural course of | 9 | | the patient's illness or underlying condition, that | 10 | | substantially limits one or more of the major life activities | 11 | | of an individual or a loss of bodily function, if the | 12 | | impairment or loss lasts more than 7 days prior to discharge or | 13 | | is still present at the time of discharge from an inpatient | 14 | | health care facility.
| 15 | | (Source: P.A. 94-242, eff. 7-18-05.) | 16 | | Section 10. The State Finance Act is amended by adding | 17 | | Section 5.826 as follows: | 18 | | (30 ILCS 105/5.826 new) | 19 | | Sec. 5.826. The Hospital Licensure Fund.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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