Illinois Compiled Statutes
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210 ILCS 85/3
(210 ILCS 85/3)
As used in this Act:
(A) "Hospital" means any institution, place, building, buildings on a campus, or agency, public
or private, whether organized for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis and treatment or
care of 2 or more unrelated persons admitted for overnight stay or longer
in order to obtain medical, including obstetric, psychiatric and nursing,
care of illness, disease, injury, infirmity, or deformity.
The term "hospital", without regard to length of stay, shall also
(a) any facility which is devoted primarily to
providing psychiatric and related services and programs for the diagnosis and treatment or care of 2 or more unrelated persons suffering from emotional or nervous diseases;
(b) all places where pregnant females are received,
cared for, or treated during delivery irrespective of the number of patients received; and
(c) on and after January 1, 2023, a rural emergency
hospital, as that term is defined under subsection (kkk)(2) of Section 1861 of the federal Social Security Act; to provide for the expeditious and timely implementation of this amendatory Act of the 102nd General Assembly, emergency rules to implement the changes made to the definition of "hospital" by this amendatory Act of the 102nd General Assembly may be adopted by the Department subject to the provisions of Section 5-45 of the Illinois Administrative Procedure Act.
The term "hospital" includes general and specialized hospitals,
tuberculosis sanitaria, mental or psychiatric hospitals and sanitaria, and
includes maternity homes, lying-in homes, and homes for unwed mothers in
which care is given during delivery.
The term "hospital" does not include:
(1) any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
(2) hospitalization or care facilities maintained by
the State or any department or agency thereof, where such department or agency has authority under law to establish and enforce standards for the hospitalization or care facilities under its management and control;
(3) hospitalization or care facilities maintained by
the federal government or agencies thereof;
(4) hospitalization or care facilities maintained by
any university or college established under the laws of this State and supported principally by public funds raised by taxation;
(5) any person or facility required to be licensed
pursuant to the Substance Use Disorder Act;
(6) any facility operated solely by and for persons
who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination;
(7) an Alzheimer's disease management center
alternative health care model licensed under the Alternative Health Care Delivery Act; or
(8) any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 or maintained by a State-supported or publicly funded university or college.
(B) "Person" means the State, and any political subdivision or municipal
corporation, individual, firm, partnership, corporation, company,
association, or joint stock association, or the legal successor thereof.
(C) "Department" means the Department of Public Health of the State of
(D) "Director" means the Director of Public Health of
the State of Illinois.
(E) "Perinatal" means the period of time
between the conception of an
infant and the end of the first month after birth.
(F) "Federally designated organ procurement agency" means the organ
procurement agency designated by the Secretary of the U.S. Department of Health
and Human Services for the service area in which a hospital is located; except
that in the case of a hospital located in a county adjacent to Wisconsin
which currently contracts with an organ procurement agency located in Wisconsin
that is not the organ procurement agency designated by the U.S. Secretary of
Health and Human Services for the service area in which the hospital is
located, if the hospital applies for a waiver pursuant to 42 U.S.C.
1320b-8(a), it may designate an organ procurement agency
located in Wisconsin to be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.
(G) "Tissue bank" means any facility or program operating in Illinois
that is certified by the American Association of Tissue Banks or the Eye Bank
Association of America and is involved in procuring, furnishing, donating,
or distributing corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the human body.
"Tissue bank" does not include a licensed blood bank. For the purposes of this
Act, "tissue" does not include organs.
(H) "Campus", as this term applies to operations, has the same meaning as the term "campus" as set forth in federal Medicare regulations, 42 CFR 413.65.
(Source: P.A. 102-1118, eff. 1-18-23.)