Illinois General Assembly - Full Text of Public Act 096-1071
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Public Act 096-1071


 

Public Act 1071 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1071
 
SB2527 EnrolledLRB096 15435 KTG 30638 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 and Services Review 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 the total number of
postsurgical recovery care centers with a certificate of need
for beds as of January 1, 2008.
    (a-10) There shall be no more than a total of 9 children's
respite care center alternative health care models in the
demonstration program, which shall be located as follows:
        (1) Two 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 and Services Review 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 5 2 authorized community-based
residential rehabilitation center alternative health care
models in the demonstration program.
    (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 Health
Facilities and Services Review 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 subsections (a-10) and
(a-20), shall obtain a certificate of need from the Health
Facilities and Services Review 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 Health Facilities and Services
Review 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, except that a
postsurgical recovery care center meeting the following
requirements may apply within 3 years after August 25, 2009
(the effective date of Public Act 96-669) this amendatory Act
of the 96th General Assembly for a Certificate of Need permit
to operate as a hospital:
        (1) The postsurgical recovery care center shall apply
    to the Illinois Health Facilities Planning Board for a
    Certificate of Need permit to discontinue the postsurgical
    recovery care center and to establish a hospital.
        (2) If the postsurgical recovery care center obtains a
    Certificate of Need permit to operate as a hospital, it
    shall apply for licensure as a hospital under the Hospital
    Licensing Act and shall meet all statutory and regulatory
    requirements of a hospital.
        (3) After obtaining licensure as a hospital, any
    license as an ambulatory surgical treatment center and any
    license as a post-surgical recovery care center shall be
    null and void.
        (4) The former postsurgical recovery care center that
    receives a hospital license must seek and use its best
    efforts to maintain certification under Titles XVIII and
    XIX of the federal Social Security Act.
    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; 96-31,
eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, eff. 8-25-09;
96-812, eff. 1-1-10; revised 11-4-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/16/2010