Public Act 096-0129
 
SB0181 Enrolled LRB096 04785 DRJ 14849 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Alternative Health Care Delivery Act is
amended by changing Section 30 as follows:
 
    (210 ILCS 3/30)
    Sec. 30. Demonstration program requirements. The
requirements set forth in this Section shall apply to
demonstration programs.
    (a) There shall be no more than:
        (i) 3 subacute care hospital alternative health care
    models in the City of Chicago (one of which shall be
    located on a designated site and shall have been licensed
    as a hospital under the Illinois Hospital Licensing Act
    within the 10 years immediately before the application for
    a license);
        (ii) 2 subacute care hospital alternative health care
    models in the demonstration program for each of the
    following areas:
            (1) Cook County outside the City of Chicago.
            (2) DuPage, Kane, Lake, McHenry, and Will
        Counties.
            (3) Municipalities with a population greater than
        50,000 not located in the areas described in item (i)
        of subsection (a) and paragraphs (1) and (2) of item
        (ii) of subsection (a); and
        (iii) 4 subacute care hospital alternative health care
    models in the demonstration program for rural areas.
    In selecting among applicants for these licenses in rural
areas, the Health Facilities Planning Board and the Department
shall give preference to hospitals that may be unable for
economic reasons to provide continued service to the community
in which they are located unless the hospital were to receive
an alternative health care model license.
    (a-5) There shall be no more than a total of 12
postsurgical recovery care center alternative health care
models in the demonstration program, located as follows:
        (1) Two in the City of Chicago.
        (2) Two in Cook County outside the City of Chicago. At
    least one of these shall be owned or operated by a hospital
    devoted exclusively to caring for children.
        (3) Two in Kane, Lake, and McHenry Counties.
        (4) Four in municipalities with a population of 50,000
    or more not located in the areas described in paragraphs
    (1), (2), and (3), 3 of which shall be owned or operated by
    hospitals, at least 2 of which shall be located in counties
    with a population of less than 175,000, according to the
    most recent decennial census for which data are available,
    and one of which shall be owned or operated by an
    ambulatory surgical treatment center.
        (5) Two in rural areas, both of which shall be owned or
    operated by hospitals.
    There shall be no postsurgical recovery care center
alternative health care models located in counties with
populations greater than 600,000 but less than 1,000,000. A
proposed postsurgical recovery care center must be owned or
operated by a hospital if it is to be located within, or will
primarily serve the residents of, a health service area in
which more than 60% of the gross patient revenue of the
hospitals within that health service area are derived from
Medicaid and Medicare, according to the most recently available
calendar year data from the Illinois Health Care Cost
Containment Council. Nothing in this paragraph shall preclude a
hospital and an ambulatory surgical treatment center from
forming a joint venture or developing a collaborative agreement
to own or operate a postsurgical recovery care center.
    (a-10) There shall be no more than a total of 9 8
children's respite care center alternative health care models
in the demonstration program, which shall be located as
follows:
        (1) Two One in the City of Chicago.
        (2) One in Cook County outside the City of Chicago.
        (3) A total of 2 in the area comprised of DuPage, Kane,
    Lake, McHenry, and Will counties.
        (4) A total of 2 in municipalities with a population of
    50,000 or more and not located in the areas described in
    paragraphs (1), (2), or (3).
        (5) A total of 2 in rural areas, as defined by the
    Health Facilities Planning Board.
    No more than one children's respite care model owned and
operated by a licensed skilled pediatric facility shall be
located in each of the areas designated in this subsection
(a-10).
    (a-15) There shall be an authorized community-based
residential rehabilitation center alternative health care
model in the demonstration program. The community-based
residential rehabilitation center shall be located in the area
of Illinois south of Interstate Highway 70.
    (a-20) There shall be an authorized Alzheimer's disease
management center alternative health care model in the
demonstration program. The Alzheimer's disease management
center shall be located in Will County, owned by a
not-for-profit entity, and endorsed by a resolution approved by
the county board before the effective date of this amendatory
Act of the 91st General Assembly.
    (a-25) There shall be no more than 10 birth center
alternative health care models in the demonstration program,
located as follows:
        (1) Four in the area comprising Cook, DuPage, Kane,
    Lake, McHenry, and Will counties, one of which shall be
    owned or operated by a hospital and one of which shall be
    owned or operated by a federally qualified health center.
        (2) Three in municipalities with a population of 50,000
    or more not located in the area described in paragraph (1)
    of this subsection, one of which shall be owned or operated
    by a hospital and one of which shall be owned or operated
    by a federally qualified health center.
        (3) Three in rural areas, one of which shall be owned
    or operated by a hospital and one of which shall be owned
    or operated by a federally qualified health center.
    The first 3 birth centers authorized to operate by the
Department shall be located in or predominantly serve the
residents of a health professional shortage area as determined
by the United States Department of Health and Human Services.
There shall be no more than 2 birth centers authorized to
operate in any single health planning area for obstetric
services as determined under the Illinois Health Facilities
Planning Act. If a birth center is located outside of a health
professional shortage area, (i) the birth center shall be
located in a health planning area with a demonstrated need for
obstetrical service beds, as determined by the Illinois Health
Facilities Planning Board or (ii) there must be a reduction in
the existing number of obstetrical service beds in the planning
area so that the establishment of the birth center does not
result in an increase in the total number of obstetrical
service beds in the health planning area.
    (b) Alternative health care models, other than a model
authorized under subsection (a-10) or subsection (a-20), shall
obtain a certificate of need from the Illinois Health
Facilities Planning Board under the Illinois Health Facilities
Planning Act before receiving a license by the Department. If,
after obtaining its initial certificate of need, an alternative
health care delivery model that is a community based
residential rehabilitation center seeks to increase the bed
capacity of that center, it must obtain a certificate of need
from the Illinois Health Facilities Planning Board before
increasing the bed capacity. Alternative health care models in
medically underserved areas shall receive priority in
obtaining a certificate of need.
    (c) An alternative health care model license shall be
issued for a period of one year and shall be annually renewed
if the facility or program is in substantial compliance with
the Department's rules adopted under this Act. A licensed
alternative health care model that continues to be in
substantial compliance after the conclusion of the
demonstration program shall be eligible for annual renewals
unless and until a different licensure program for that type of
health care model is established by legislation. The Department
may issue a provisional license to any alternative health care
model that does not substantially comply with the provisions of
this Act and the rules adopted under this Act if (i) the
Department finds that the alternative health care model has
undertaken changes and corrections which upon completion will
render the alternative health care model in substantial
compliance with this Act and rules and (ii) the health and
safety of the patients of the alternative health care model
will be protected during the period for which the provisional
license is issued. The Department shall advise the licensee of
the conditions under which the provisional license is issued,
including the manner in which the alternative health care model
fails to comply with the provisions of this Act and rules, and
the time within which the changes and corrections necessary for
the alternative health care model to substantially comply with
this Act and rules shall be completed.
    (d) Alternative health care models shall seek
certification under Titles XVIII and XIX of the federal Social
Security Act. In addition, alternative health care models shall
provide charitable care consistent with that provided by
comparable health care providers in the geographic area.
    (d-5) The Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid), in cooperation
with the Illinois Department of Public Health, shall develop
and implement a reimbursement methodology for all facilities
participating in the demonstration program. The Department of
Healthcare and Family Services shall keep a record of services
provided under the demonstration program to recipients of
medical assistance under the Illinois Public Aid Code and shall
submit an annual report of that information to the Illinois
Department of Public Health.
    (e) Alternative health care models shall, to the extent
possible, link and integrate their services with nearby health
care facilities.
    (f) Each alternative health care model shall implement a
quality assurance program with measurable benefits and at
reasonable cost.
(Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2009