Illinois General Assembly - Full Text of Public Act 096-1515
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Public Act 096-1515




Public Act 096-1515
HB1720 EnrolledLRB096 05347 DRJ 15413 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Hospital Licensing Act is amended by
changing Sections 3 and 4.6 as follows:
    (210 ILCS 85/3)
    Sec. 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 include:
        (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
        (b) all places where pregnant females are received,
    cared for, or treated during delivery irrespective of the
    number of patients received.
    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 or the MR/DD
    Community Care 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 Alcoholism and Other Drug Abuse and
    Dependency 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 Illinois.
    (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
    (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 USC 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
    (H) "Campus", as this terms 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. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10.)
    (210 ILCS 85/4.6)
    Sec. 4.6. Additional licensing requirements.
    (a) Notwithstanding any other law or rule to the contrary,
the Department may license as a hospital a building that (i) is
owned or operated by a hospital licensed under this Act, (ii)
is located in a municipality with a population of less than
60,000, and (iii) includes a postsurgical recovery care center
licensed under the Alternative Health Care Delivery Act for a
period of not less than 2 years, an ambulatory surgical
treatment center licensed under the Ambulatory Surgical
Treatment Center Act, and a Freestanding Emergency Center
licensed under the Emergency Medical Services (EMS) Systems
Act. Only the components of the building which are currently
licensed shall be eligible under the provisions of this
    (b) Prior to issuing a license, the Department shall
inspect the facility and require the facility to meet such of
the Department's rules relating to the establishment of
hospitals as the Department determines are appropriate to such
facility. Once the Department approves the facility and issues
a hospital license, all other licenses as listed in subsection
(a) above shall be null and void.
    (c) Only one license may be issued under the authority of
this Section. No license may be issued after 18 months after
the effective date of this amendatory Act of the 91st General
    (d) Beginning on the effective date of this amendatory Act
of the 96th General Assembly, each hospital building or
facility that is (i) located on the campus of the licensee but
on a site that is not contiguous, adjacent, or otherwise
attached to the main hospital building of the campus of the
licensee, (ii) operated by the licensee, and (iii) provides
inpatient services to patients at this building or facility
shall, at a minimum, individually comply with the Department's
hospital licensing requirements for emergency services. The
hospital shall submit to the Department a comprehensive plan
describing the services and operations of each facility or
building and how common services or operations will be
coordinated between the various locations. The Department
shall review the plan and may authorize a waiver granting an
exemption for compliance with the hospital licensing
requirements for specific buildings or facilities, including
requirements for emergency services, provided that the
hospital has documented which other building or facility under
its single license provides that service or operation, and that
doing so would not endanger the public's health, safety, or
welfare. Nothing in this Section relieves a hospital from the
requirements of the Illinois Health Facilities Planning Act.
(Source: P.A. 91-736, eff. 6-2-00.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 2/4/2011