Illinois General Assembly - Full Text of Public Act 096-0596
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Public Act 096-0596




Public Act 096-0596
HB3878 Enrolled LRB096 08362 DRJ 18472 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-67 as follows:
    (20 ILCS 2310/2310-67 new)
    Sec. 2310-67. Health care facility closure.
    (a) In this Section:
    "Closing" means ceasing all operations under an existing
facility license that results in patients no longer being
treated at the closed location. The term "closing" does not
include a situation where a facility ceases operations at one
location while contemporaneously establishing a replacement
facility in another location.
    "Health care facility" or "facility" means a public or
private hospital, ambulatory surgical treatment center,
nursing home, or kidney disease treatment center.
    (b) A hospital must provide a written pre-closing statement
to the Department no less than 90 days before permanently
closing its facility. A health care facility other than a
hospital must provide a written pre-closing statement to the
Department no less than 90 days before permanently closing its
facility. The statement must address all of the following:
        (1) Whether arrangements have been made for the timely
    transfer of patient records, regardless of format, to
    another health care facility, or another secure facility.
    The name of the new location shall be published on the
    Department's website.
        (2) Whether an agreement with the facility receiving
    the patient records has been made that provides for the
            (A) Safe storage of patient records.
            (B) Privacy of patient record information.
            (C) Availability of patient records for release to
        individuals lawfully authorized to receive them.
            (D) Periodic destruction of patient records for
        which the statutory retention period has expired.
        (3) Whether the health care facility has arranged to
    provide notice to the public, at least 30 days before
    closing, of the planned closing of the facility. The notice
    must include an explanation of how to obtain copies of the
    patient records for those authorized to access those
    records. Notice may be given by publication in a newspaper
    of general circulation in the area in which the health care
    facility is located.
        (4) In the case of a hospital, whether arrangements
    have been made for (i) the timely transfer of medical staff
    credentialing files and (ii) notification to physicians on
    the hospital's staff of the location of those files.
        (5) Whether arrangements have been made for the
    transfer or disposal of hazardous and other waste, if any,
    in accordance with the Radiation Protection Act, the
    Environmental Protection Act, and other applicable laws
    and regulations.
        (6) Whether arrangements have been made for the
    disposition of legend drugs, if any, in accordance with the
    Pharmacy Practice Act and other applicable laws and
        (7) Whether arrangements have been made for securing
    the health care facility building or buildings and
    remaining medical equipment, if any.
        (8) The intended date upon which business will cease.
    (b) The Department shall require a closed health care
facility, or its designee, to provide to the Department a
written post-closing statement that (i) describes the
completion of, and any changes to, the plan of closure set
forth in the facility's pre-closing statement and (ii) states
the actual date on which business ceased. The Department may
verify that the arrangements or other provisions of the plan of
closure have been implemented and shall notify appropriate
State and federal authorities of the closure to ensure
compliance with other applicable laws and regulations.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2009