Full Text of SB0243 95th General Assembly
SB0243eng 95TH 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 Ambulatory Surgical Treatment Center Act is | 5 |
| amended by changing Section 6 as follows:
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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 | 8 |
| Director may
deny the application for any of the following | 9 |
| reasons:
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| (1) Conviction of the applicant, or if the applicant is | 11 |
| a firm,
partnership
or association, of any of its members, | 12 |
| or if a corporation, of any of its
officers or directors, | 13 |
| or of the person designated to manage or supervise
the | 14 |
| facility, of a felony, or of 2 or more misdemeanors | 15 |
| involving moral
turpitude, as shown by a certified copy of | 16 |
| the record of the court of
conviction, or, in the case of | 17 |
| the conviction of a misdemeanor by a court not
of record, | 18 |
| as shown by other evidence, if the Director determines, | 19 |
| after
investigation, that such person has not been | 20 |
| sufficiently rehabilitated to
warrant the public trust; or | 21 |
| other satisfactory evidence that the moral
character of the | 22 |
| 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 | 2 |
| if the applicant
is a firm, partnership or association, of | 3 |
| any of its members, or if a
corporation, of any of its | 4 |
| officers or directors, or of the person designated
to | 5 |
| manage or supervise the facility, from any other state | 6 |
| where the applicant
has done business in a similar capacity | 7 |
| indicates that granting a license to
the applicant would be | 8 |
| detrimental to the interests of the public; or
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| (3) The applicant has insufficient financial or other | 10 |
| resources to operate
and conduct the facility in accordance | 11 |
| with the requirements of this Act
and the minimum | 12 |
| standards, rules and regulations promulgated thereunder.
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| The Director shall only issue a license if he finds that | 14 |
| the applicant
facility complies with this Act and the rules, | 15 |
| regulations and standards
promulgated pursuant thereto and:
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| (a) is under the medical supervision of one or more | 17 |
| physicians;
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| (b) permits a surgical procedure to be performed only | 19 |
| by a physician,
podiatrist or dentist who at the time is | 20 |
| privileged to have his patients
admitted by himself or an | 21 |
| associated physician and is himself privileged to
perform | 22 |
| surgical procedures in at least one Illinois hospital; and
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| (c) maintains adequate medical records for each | 24 |
| patient.
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| A license, unless sooner suspended or revoked, shall be | 26 |
| renewable
annually upon approval by the Department and payment |
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| of a license fee of
$300. Each license shall be issued only for | 2 |
| the premises and persons named in
the application and shall not | 3 |
| be transferable or assignable. The licenses shall
be posted in | 4 |
| a conspicuous place on the licensed premises. A placard or
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| registry of all physicians on staff in the facility shall be | 6 |
| centrally located
and available for inspection to any | 7 |
| interested person. The Department may,
either before or after | 8 |
| the issuance of a license, request the cooperation of
the State | 9 |
| Fire Marshal. The report and recommendations of this 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.
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| On and after the effective date of this amendatory Act of | 14 |
| the 95th General Assembly, no license shall be granted or | 15 |
| renewed unless the applicant:
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| (i) submits, and the Department approves, a plan for | 17 |
| providing service to Medicaid recipients and medically | 18 |
| underserved populations in its service area; the | 19 |
| Department shall adopt rules indicating the requirements | 20 |
| for such plans, including a definition for "medically | 21 |
| underserved population" and standards for minimum | 22 |
| proportions of Medicaid recipients and medically | 23 |
| underserved patients that must be served; or | 24 |
| (ii) submits a plan for charity care that has been | 25 |
| approved by the Illinois Attorney General; or | 26 |
| (iii) submits a notarized statement signed by the Chief |
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| Executive Officer of the organization certifying that the | 2 |
| applicant will not refuse service to any patient because | 3 |
| the services the patient seeks may be reimbursed under the | 4 |
| program of Medical Assistance under Article V of the | 5 |
| Illinois Public Aid Code. | 6 |
| In addition, no license shall be granted or renewed if the | 7 |
| Department determines that the applicant has not complied with | 8 |
| a prior plan or notarized statement submitted pursuant to this | 9 |
| paragraph.
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| The Director may issue a provisional license to any | 11 |
| ambulatory
surgical treatment center which does not | 12 |
| substantially comply with the
provisions of this Act and the | 13 |
| standards, rules and regulations
promulgated by virtue thereof | 14 |
| provided that he finds that such
ambulatory surgical treatment | 15 |
| center will undertake changes and
corrections which upon | 16 |
| completion will render the ambulatory surgical
treatment | 17 |
| center in substantial compliance with the provisions of this
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| Act, and the standards, rules and regulations adopted | 19 |
| hereunder, and
provided that the health and safety of the | 20 |
| patients of the ambulatory
surgical treatment center will be | 21 |
| protected during the period for which
such provisional license | 22 |
| is issued. The Director shall advise the
licensee of the | 23 |
| conditions under which such provisional license is
issued, | 24 |
| including the manner in which the facilities fail to comply | 25 |
| with
the provisions of the Act, standards, rules and | 26 |
| regulations, and the
time within which the changes and |
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| corrections necessary for such
ambulatory surgical treatment | 2 |
| center to substantially comply with this
Act, and the | 3 |
| 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 | 6 |
| Hospital Licensing
Act shall not hold itself out to the public | 7 |
| as a "surgery center" or as a
"center for surgery".
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| (Source: P.A. 88-490.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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