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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2527
Introduced 1/12/2010, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
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Amends the Alternative Health Care Delivery Act. Increases the number of authorized community-based residential
rehabilitation center alternative health care models from 2 to 5. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2527 |
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LRB096 15435 KTG 30638 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Alternative Health Care Delivery Act is |
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| amended by changing Section 30 as follows:
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| (210 ILCS 3/30)
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| Sec. 30. Demonstration program requirements. The |
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| requirements set forth in
this Section shall apply to |
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| demonstration programs.
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| (a) There shall be no more than:
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| (i) 3 subacute care hospital alternative health care |
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| models in the City of
Chicago (one of which shall be |
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| located on a designated site and shall have been
licensed |
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| as a hospital under the Illinois Hospital Licensing Act |
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| within the 10
years immediately before the application for |
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| a license);
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| (ii) 2 subacute care hospital alternative health care |
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| models in the
demonstration program for each of the |
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| following areas:
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| (1) Cook County outside the City of Chicago.
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| (2) DuPage, Kane, Lake, McHenry, and Will |
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| Counties.
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| (3) Municipalities with a population greater than |
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LRB096 15435 KTG 30638 b |
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| 50,000 not
located in the areas described in item (i) |
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| of subsection (a) and paragraphs
(1) and (2) of item |
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| (ii) of subsection (a); and
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| (iii) 4 subacute care hospital alternative health care
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| models in the demonstration program for rural areas.
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| In selecting among applicants for these
licenses in rural |
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| areas, the Health Facilities and Services Review Board and the
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| Department shall give preference to hospitals that may be |
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| unable for economic
reasons to provide continued service to the |
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| community in which they are located
unless the hospital were to |
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| receive an alternative health care model license.
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| (a-5) There shall be no more than the total number of |
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| postsurgical
recovery care centers with a certificate of need |
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| for beds as of January 1, 2008.
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| (a-10) There shall be no more than a total of 9 children's |
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| respite care
center alternative health care models in the |
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| demonstration program, which shall
be located as follows:
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| (1) Two in the City of Chicago.
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| (2) One in Cook County outside the City of Chicago.
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| (3) A total of 2 in the area comprised of DuPage, Kane, |
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| Lake, McHenry, and
Will counties.
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| (4) A total of 2 in municipalities with a population of |
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| 50,000 or more and
not
located in the areas described in |
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| paragraphs (1), (2), or (3).
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| (5) A total of 2 in rural areas, as defined by the |
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| Health Facilities
and Services Review Board.
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LRB096 15435 KTG 30638 b |
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| No more than one children's respite care model owned and |
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| operated by a
licensed skilled pediatric facility shall be |
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| located in each of the areas
designated in this subsection |
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| (a-10).
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| (a-15) There shall be 5 2 authorized community-based |
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| residential
rehabilitation center alternative health care |
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| models in the demonstration
program.
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| (a-20) There shall be an authorized
Alzheimer's disease |
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| management center alternative health care model in the
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| demonstration program. The Alzheimer's disease management |
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| center shall be
located in Will
County, owned by a
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| not-for-profit entity, and endorsed by a resolution approved by |
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| the county
board before the effective date of this amendatory |
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| Act of the 91st General
Assembly.
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| (a-25) There shall be no more than 10 birth center |
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| alternative health care
models in the demonstration program, |
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| located as follows:
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| (1) Four in the area comprising Cook, DuPage, Kane, |
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| Lake, McHenry, and
Will counties, one of
which shall be |
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| owned or operated by a hospital and one of which shall be |
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| owned
or operated by a federally qualified health center.
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| (2) Three in municipalities with a population of 50,000 |
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| or more not
located in the area described in paragraph (1) |
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| of this subsection, one of
which shall be owned or operated |
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| by a hospital and one of which shall be owned
or operated |
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| by a federally qualified health center.
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| (3) Three in rural areas, one of which shall be owned |
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| or operated by a
hospital and one of which shall be owned |
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| or operated by a federally qualified
health center.
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| The first 3 birth centers authorized to operate by the |
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| Department shall be
located in or predominantly serve the |
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| residents of a health professional
shortage area as determined |
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| by the United States Department of Health and Human
Services. |
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| There shall be no more than 2 birth centers authorized to |
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| operate in
any single health planning area for obstetric |
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| services as determined under the
Illinois Health Facilities |
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| Planning Act. If a birth center is located outside
of a
health |
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| professional shortage area, (i) the birth center shall be |
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| located in a
health planning
area with a demonstrated need for |
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| obstetrical service beds, as determined by
the Health |
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| Facilities and Services Review Board or (ii) there must be a
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| reduction in
the existing number of obstetrical service beds in |
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| the planning area so that
the establishment of the birth center |
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| does not result in an increase in the
total number of |
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| obstetrical service beds in the health planning area.
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| (b) Alternative health care models, other than a model |
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| authorized under subsection (a-10) or subsections (a-10) and
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| (a-20), shall obtain a certificate of
need from the Health |
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| Facilities and Services Review Board under the Illinois
Health |
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| Facilities Planning Act before receiving a license by the
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| Department.
If, after obtaining its initial certificate of |
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| need, an alternative health
care delivery model that is a |
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LRB096 15435 KTG 30638 b |
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| community based residential rehabilitation center
seeks to
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| increase the bed capacity of that center, it must obtain a |
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| certificate of need
from the Health Facilities and Services |
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| Review Board before increasing the bed
capacity. Alternative
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| health care models in medically underserved areas
shall receive |
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| priority in obtaining a certificate of need.
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| (c) An alternative health care model license shall be |
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| issued for a
period of one year and shall be annually renewed |
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| if the facility or
program is in substantial compliance with |
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| the Department's rules
adopted under this Act. A licensed |
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| alternative health care model that continues
to be in |
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| substantial compliance after the conclusion of the |
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| demonstration
program shall be eligible for annual renewals |
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| unless and until a different
licensure program for that type of |
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| health care model is established by
legislation, except that a |
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| postsurgical recovery care center meeting the following |
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| requirements may apply within 3 years after August 25, 2009 |
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| ( the effective date of Public Act 96-669) this amendatory Act |
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| of the 96th General Assembly for a Certificate of Need permit |
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| to operate as a hospital: |
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| (1) The postsurgical recovery care center shall apply |
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| to the Illinois Health Facilities Planning Board for a |
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| Certificate of Need permit to discontinue the postsurgical |
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| recovery care center and to establish a hospital. |
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| (2) If the postsurgical recovery care center obtains a |
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| Certificate of Need permit to operate as a hospital, it |
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LRB096 15435 KTG 30638 b |
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| shall apply for licensure as a hospital under the Hospital |
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| Licensing Act and shall meet all statutory and regulatory |
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| requirements of a hospital. |
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| (3) After obtaining licensure as a hospital, any |
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| license as an ambulatory surgical treatment center and any |
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| license as a post-surgical recovery care center shall be |
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| null and void. |
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| (4) The former postsurgical recovery care center that |
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| receives a hospital license must seek and use its best |
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| efforts to maintain certification under Titles XVIII and |
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| XIX of the federal Social Security Act. |
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| The Department may issue a provisional license to any
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| alternative health care model that does not substantially |
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| comply with the
provisions of this Act and the rules adopted |
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| under this Act if (i)
the Department finds that the alternative |
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| health care model has undertaken
changes and corrections which |
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| upon completion will render the alternative
health care model |
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| in substantial compliance with this Act and rules and
(ii) the |
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| health and safety of the patients of the alternative
health |
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| care model will be protected during the period for which the |
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| provisional
license is issued. The Department shall advise the |
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| licensee of
the conditions under which the provisional license |
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| is issued, including
the manner in which the alternative health |
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| care model fails to comply with
the provisions of this Act and |
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| rules, and the time within which the changes
and corrections |
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| necessary for the alternative health care model to
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LRB096 15435 KTG 30638 b |
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| substantially comply with this Act and rules shall be |
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| completed.
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| (d) Alternative health care models shall seek |
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| certification under Titles
XVIII and XIX of the federal Social |
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| Security Act. In addition, alternative
health care models shall |
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| provide charitable care consistent with that provided
by |
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| comparable health care providers in the geographic area.
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| (d-5) The Department of Healthcare and Family Services |
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| (formerly Illinois Department of Public Aid), in cooperation |
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| with the
Illinois Department of
Public Health, shall develop |
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| and implement a reimbursement methodology for all
facilities |
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| participating in the demonstration program. The Department of |
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| Healthcare and Family Services shall keep a record of services |
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| provided under the demonstration
program to recipients of |
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| medical assistance under the Illinois Public Aid Code
and shall |
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| submit an annual report of that information to the Illinois
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| Department of Public Health.
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| (e) Alternative health care models shall, to the extent |
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| possible,
link and integrate their services with nearby health |
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| care facilities.
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| (f) Each alternative health care model shall implement a |
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| quality
assurance program with measurable benefits and at |
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| reasonable cost.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08; 96-31, |
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| eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, eff. 8-25-09; |
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| 96-812, eff. 1-1-10; revised 11-4-09.)
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