Full Text of HB5475 96th General Assembly
HB5475 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5475
Introduced 2/5/2010, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/5.755 new |
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210 ILCS 85/6 |
from Ch. 111 1/2, par. 147 |
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Amends the State Finance Act and the Hospital Licensing Act. Provides that applicants for a license to open, conduct, and maintain a hospital, shall be required to pay an initial licensing fee of no less than $1,000 and an annual renewal fee of no less than $300, and that any hospital facility or licensee that has permitted its license to lapse or that fails to pay the annual renewal fee within a timeframe established by the Department of Public Health shall pay a restoration fee of no less than $100 and a lapsed renewal fee not to exceed $600. Further provides that all fees collected shall be deposited into the Improved Access to Health Care Fund, a special fund created in the State treasury, and that money contained in or credited to the fund shall be used for improving access to health care. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5475 |
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LRB096 18362 KTG 33739 b |
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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 State Finance Act is amended by adding | 5 |
| Section 5.755 as follows: | 6 |
| (30 ILCS 105/5.755 new) | 7 |
| Sec. 5.755. The Improved Access to Health Care Fund. | 8 |
| Section 10. The Hospital Licensing Act is amended by | 9 |
| changing Section 6 as follows:
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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 | 12 |
| establish
a hospital the Director shall issue a permit if he | 13 |
| finds (1) that the
applicant is fit, willing, and able to | 14 |
| provide a proper standard of
hospital service for the community | 15 |
| with particular regard to the
qualification, background, and | 16 |
| character of the applicant, (2) that the
financial resources | 17 |
| available to the applicant demonstrate an ability to
construct, | 18 |
| maintain, and operate a hospital in accordance with the
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| standards, rules, and regulations adopted pursuant to this Act, | 20 |
| and (3)
that safeguards are provided which assure hospital | 21 |
| operation and
maintenance consistent with the public interest |
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HB5475 |
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LRB096 18362 KTG 33739 b |
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| having particular regard
to safe, adequate, and efficient | 2 |
| 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 | 5 |
| health, and
other governmental and non-governmental agencies | 6 |
| in obtaining
information and in conducting investigations | 7 |
| relating to such
applications.
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| A permit to establish a hospital shall be valid only for | 9 |
| the premises
and person named in the application for such | 10 |
| permit and shall not be
transferable or assignable.
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| In the event the Director issues a permit to establish a | 12 |
| hospital the
applicant shall thereafter submit plans and | 13 |
| specifications to the
Department in accordance with Section 8 | 14 |
| of this Act.
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| (b) Upon receipt of an application for license to open, | 16 |
| conduct,
operate, and maintain a hospital, the Director shall | 17 |
| issue a license if
he finds the applicant and the hospital | 18 |
| facilities comply with
standards, rules, and regulations | 19 |
| promulgated under this Act. A license,
unless sooner suspended | 20 |
| or revoked, shall be renewable annually upon
approval by the | 21 |
| Department. Each license shall be issued only for the
premises | 22 |
| and persons named in the application and shall not be
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| transferable or assignable. Licenses shall be posted in a | 24 |
| conspicuous
place on the licensed premises. The Department may, | 25 |
| either before or
after the issuance of a license, request the | 26 |
| cooperation of the State Fire
Marshal, county
and multiple |
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HB5475 |
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LRB096 18362 KTG 33739 b |
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| county health departments, or municipal boards of health to
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| make investigations to determine if the applicant or licensee | 3 |
| is
complying with the minimum standards prescribed by the | 4 |
| Department. The
report and recommendations of any such agency | 5 |
| shall be in writing and
shall state with particularity its | 6 |
| findings with respect to compliance
or noncompliance with such | 7 |
| minimum standards, rules, and regulations.
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| The Director may issue a provisional license to any | 9 |
| hospital which
does not substantially comply with the | 10 |
| provisions of this Act and the
standards, rules, and | 11 |
| regulations promulgated by virtue thereof provided
that he | 12 |
| finds that such hospital has undertaken changes and corrections
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| which upon completion will render the hospital in substantial | 14 |
| compliance
with the provisions of this Act, and the standards, | 15 |
| rules, and
regulations adopted hereunder, and provided that the | 16 |
| health and safety
of the patients of the hospital will be | 17 |
| protected during the period for
which such provisional license | 18 |
| is issued. The Director shall advise the
licensee of the | 19 |
| conditions under which such provisional license is
issued, | 20 |
| 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 | 23 |
| corrections
necessary for such hospital facilities to | 24 |
| substantially comply with this
Act, and the standards, rules, | 25 |
| and regulations of the Department
relating thereto shall be | 26 |
| completed.
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LRB096 18362 KTG 33739 b |
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| (c) Applicants for a license to open, conduct, and maintain | 2 |
| a hospital shall be required to pay an initial licensing fee of | 3 |
| no less than $1,000 and an annual renewal fee of no less than | 4 |
| $300. Any hospital facility or licensee that has permitted its | 5 |
| license to lapse or that fails to pay the annual renewal fee | 6 |
| within a timeframe established by the Department shall pay a | 7 |
| restoration fee of no less than $100 and a lapsed renewal fee | 8 |
| not to exceed $600. All fees collected pursuant to this | 9 |
| subsection shall be deposited into the Improved Access to | 10 |
| Health Care Fund, a special fund created in the State treasury. | 11 |
| Money contained in or credited to the fund shall be used for | 12 |
| improving access to health care. | 13 |
| (Source: P.A. 80-56.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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