Public Act 098-1123
 
SB3465 EnrolledLRB098 19826 RPS 55044 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 3 and by adding Section 6.8 as
follows:
 
    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
    Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
    (A) "Ambulatory surgical treatment center" means any
institution, place or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures. "Ambulatory surgical treatment center"
includes any place that meets and complies with the definition
of an ambulatory surgical treatment center under the rules
adopted by the Department or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,
facilities devoted exclusively to the treatment of children may
provide accommodations and beds for their patients for up to 23
hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred to
a hospital.
    The term "ambulatory surgical treatment center" does not
include any of the following:
        (1) Any institution, place, building or agency
    required to be licensed pursuant to the "Hospital Licensing
    Act", approved July 1, 1953, as amended.
        (2) Any person or institution required to be licensed
    pursuant to the Nursing Home Care Act, the Specialized
    Mental Health Rehabilitation Act, or the ID/DD Community
    Care Act.
        (3) Hospitals or ambulatory surgical treatment centers
    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
    hospitals or ambulatory surgical treatment centers under
    its management and control.
        (4) Hospitals or ambulatory surgical treatment centers
    maintained by the Federal Government or agencies thereof.
        (5) Any place, agency, clinic, or practice, public or
    private, whether organized for profit or not, devoted
    exclusively to the performance of dental or oral surgical
    procedures.
    (B) "Person" means any 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 Illinois.
    (D) "Director" means the Director of the Department of
Public Health of the State of Illinois.
    (E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.
    (F) "Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
    (G) "Podiatric physician" means a person licensed to
practice podiatry under the Podiatric Medical Practice Act of
1987.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-214, eff. 8-9-13.)
 
    (210 ILCS 5/6.8 new)
    Sec. 6.8. Agreements with the federal Centers for Medicare
and Medicaid Services. An ambulatory surgical treatment center
that elects to have an agreement with the federal Centers for
Medicare and Medicaid Services, as provided in 42 CFR 416, must
also meet the Medicare conditions as an ambulatory surgical
center, as set forth in 42 CFR 416, and have an active
agreement with the federal Centers for Medicare and Medicaid
Services to participate in Medicare as an ambulatory surgical
center provider in Illinois.