|
adopted, re-adopted or
amended by the Department of Human |
Services under those Sections shall be coordinated with
plans |
required under Section
3 of this Act.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 10. The Alternative Health Care Delivery Act is |
amended by changing Sections 15, 30, and 35 as follows:
|
(210 ILCS 3/15)
|
Sec. 15. License required. No health care facility or |
program that
meets the definition and scope of an alternative |
health care model shall
operate as such unless it is a |
participant in a demonstration program under
this Act and |
licensed by the Department as an alternative health care model.
|
The provisions of this Section as they relate to subacute care |
hospitals
shall not apply to hospitals licensed under the |
Illinois Hospital Licensing Act
or skilled nursing facilities |
licensed under the Illinois Nursing Home Care Act or the MR/DD |
Community Care Act;
provided, however, that the facilities |
shall not hold themselves out to the
public as subacute care |
hospitals.
The provisions of this Act concerning children's |
respite care centers
shall not apply to any facility licensed |
under the Hospital Licensing Act, the
Nursing Home Care Act, |
the MR/DD Community Care Act, or the University of Illinois |
Hospital Act that provides
respite care services to children.
|
(Source: P.A. 95-331, eff. 8-21-07; 96-339, eff. 7-1-10.)
|
|
(210 ILCS 3/30)
|
Sec. 30. Demonstration program requirements. The |
requirements set forth in
this Section shall apply to |
demonstration programs.
|
(a) (Blank). 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 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
(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) 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) (Blank).
|
|
(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; 96-1000, eff. 7-2-10; 96-1071, eff. |
7-16-10; 96-1123, eff. 1-1-11; revised 9-16-10.)
|
(210 ILCS 3/35)
|
Sec. 35. Alternative health care models authorized. |
Notwithstanding
any other law to the contrary, alternative |
health care models
described in this Section may be established |
on a demonstration basis.
|
(1) (Blank). Alternative health care model; subacute |
care hospital. A subacute
care hospital is a designated |
site which provides medical specialty care for
patients who |
need a greater intensity or complexity of care than |
generally
provided in a skilled nursing facility but who no |
longer require acute hospital
care. The average length of |
stay for patients treated in subacute care
hospitals shall |
not be less than 20 days, and for individual patients, the
|
expected length of stay at the time of admission shall not |
be less than 10
days. Variations from minimum lengths of |
|
stay shall be reported to the
Department. There shall be no |
more than 13 subacute care hospitals
authorized to operate |
by the Department. Subacute care includes physician
|
supervision, registered nursing, and physiological |
monitoring on a continual
basis. A subacute care hospital |
is either a freestanding building or a distinct
physical |
and operational entity within a hospital or nursing home |
building. A
subacute care hospital shall only consist of |
beds currently existing in
licensed hospitals or skilled |
nursing facilities, except, in the City of
Chicago, on a |
designated site that was licensed as a hospital under the
|
Illinois Hospital Licensing Act within the 10 years |
immediately before the
application for an alternative |
health care model license. During the period of
operation |
of the demonstration project, the existing licensed beds |
shall remain
licensed as hospital or skilled nursing |
facility beds as well as being licensed
under this Act. In |
order to handle cases of
complications, emergencies, or |
exigent circumstances, a subacute care hospital
shall |
maintain a contractual relationship, including a transfer |
agreement, with
a general acute care hospital. If a |
subacute care model is located in a
general acute care |
hospital, it shall utilize all or a portion of the bed
|
capacity of that existing hospital. In no event shall a |
subacute care hospital
use the word "hospital" in its |
advertising or marketing activities or represent
or hold |
|
itself out to the public as a general acute care hospital.
|
(2) Alternative health care delivery model; |
postsurgical recovery care
center. A postsurgical recovery |
care center is a designated site which
provides |
postsurgical recovery care for generally healthy patients
|
undergoing surgical procedures that require overnight |
nursing care, pain
control, or observation that would |
otherwise be provided in an inpatient
setting. A |
postsurgical recovery care center is either freestanding |
or a
defined unit of an ambulatory surgical treatment |
center or hospital.
No facility, or portion of a facility, |
may participate in a demonstration
program as a |
postsurgical recovery care center unless the facility has |
been
licensed as an ambulatory surgical treatment center or |
hospital for at least 2
years before August 20, 1993 (the |
effective date of Public Act 88-441). The
maximum length of |
stay for patients in a
postsurgical recovery care center is |
not to exceed 48 hours unless the treating
physician |
requests an extension of time from the recovery center's |
medical
director on the basis of medical or clinical |
documentation that an additional
care period is required |
for the recovery of a patient and the medical director
|
approves the extension of time. In no case, however, shall |
a patient's length
of stay in a postsurgical recovery care |
center be longer than 72 hours. If a
patient requires an |
additional care period after the expiration of the 72-hour
|
|
limit, the patient shall be transferred to an appropriate |
facility. Reports on
variances from the 48-hour limit shall |
be sent to the Department for its
evaluation. The reports |
shall, before submission to the Department, have
removed |
from them all patient and physician identifiers. In order |
to handle
cases of complications, emergencies, or exigent |
circumstances, every
postsurgical recovery care center as |
defined in this paragraph shall maintain a
contractual |
relationship, including a transfer agreement, with a |
general acute
care hospital. A postsurgical recovery care |
center shall be no larger than 20
beds. A postsurgical |
recovery care center shall be located within 15 minutes
|
travel time from the general acute care hospital with which |
the center
maintains a contractual relationship, including |
a transfer agreement, as
required under this paragraph.
|
No postsurgical recovery care center shall |
discriminate against any patient
requiring treatment |
because of the source of payment for services, including
|
Medicare and Medicaid recipients.
|
The Department shall adopt rules to implement the |
provisions of Public
Act 88-441 concerning postsurgical |
recovery care centers within 9 months after
August 20, |
1993.
|
(3) Alternative health care delivery model; children's |
community-based
health care center. A children's |
community-based health care center model is a
designated |
|
site that provides nursing care, clinical support |
services, and
therapies for a period of one to 14 days for |
short-term stays and 120 days to
facilitate transitions to |
home or other appropriate settings for medically
fragile |
children, technology
dependent children, and children with |
special health care needs who are deemed
clinically stable |
by a physician and are younger than 22 years of age. This
|
care is to be provided in a home-like environment that |
serves no more than 12
children at a time. Children's |
community-based health care center
services must be |
available through the model to all families, including |
those
whose care is paid for through the Department of |
Healthcare and Family Services, the Department of
Children |
and Family Services, the Department of Human Services, and |
insurance
companies who cover home health care services or |
private duty nursing care in
the home.
|
Each children's community-based health care center |
model location shall be
physically separate and
apart from |
any other facility licensed by the Department of Public |
Health under
this or any other Act and shall provide the |
following services: respite care,
registered nursing or |
licensed practical nursing care, transitional care to
|
facilitate home placement or other appropriate settings |
and reunite families,
medical day care, weekend
camps, and |
diagnostic studies typically done in the home setting.
|
Coverage for the services provided by the
Department of |
|
Healthcare and Family Services
under this paragraph (3) is |
contingent upon federal waiver approval and is
provided |
only to Medicaid eligible clients participating in the home |
and
community based services waiver designated in Section |
1915(c) of the Social
Security Act for medically frail and |
technologically dependent children or
children in |
Department of Children and Family Services foster care who |
receive
home health benefits.
|
(4) Alternative health care delivery model; community |
based residential
rehabilitation center.
A community-based |
residential rehabilitation center model is a designated
|
site that provides rehabilitation or support, or both, for |
persons who have
experienced severe brain injury, who are |
medically stable, and who no longer
require acute |
rehabilitative care or intense medical or nursing |
services. The
average length of stay in a community-based |
residential rehabilitation center
shall not exceed 4 |
months. As an integral part of the services provided,
|
individuals are housed in a supervised living setting while |
having immediate
access to the community. The residential |
rehabilitation center authorized by
the Department may |
have more than one residence included under the license.
A |
residence may be no larger than 12 beds and shall be |
located as an integral
part of the community. Day treatment |
or
individualized outpatient services shall be provided |
for persons who reside in
their own home. Functional |
|
outcome goals shall be established for each
individual. |
Services shall include, but are not limited to, case |
management,
training and assistance with activities of |
daily living, nursing
consultation, traditional therapies |
(physical, occupational, speech),
functional interventions |
in the residence and community (job placement,
shopping, |
banking, recreation), counseling, self-management |
strategies,
productive activities, and multiple |
opportunities for skill acquisition and
practice |
throughout the day. The design of individualized program |
plans shall
be consistent with the outcome goals that are |
established for each resident.
The programs provided in |
this setting shall be accredited by the
Commission
on |
Accreditation of Rehabilitation Facilities (CARF). The |
program shall have
been accredited by CARF as a Brain |
Injury Community-Integrative Program for at
least 3 years.
|
(5) Alternative health care delivery model; |
Alzheimer's disease
management center. An Alzheimer's |
disease management center model is a
designated site that |
provides a safe and secure setting for care of persons
|
diagnosed with Alzheimer's disease. An Alzheimer's disease |
management center
model shall be a facility separate from |
any other facility licensed by the
Department of Public |
Health under this or any other Act. An Alzheimer's
disease |
management center shall conduct and document an assessment |
of each
resident every 6 months. The assessment shall |
|
include an evaluation of daily
functioning, cognitive |
status, other medical conditions, and behavioral
problems. |
An Alzheimer's disease management center shall develop and |
implement
an ongoing treatment plan for each resident. The |
treatment
plan shall have defined goals.
The
Alzheimer's |
disease management center shall treat behavioral problems |
and mood
disorders using nonpharmacologic approaches such |
as environmental modification,
task simplification, and |
other appropriate activities.
All staff must have |
necessary
training to care for all stages of Alzheimer's |
Disease. An
Alzheimer's disease
management center shall |
provide education and support for residents and
|
caregivers. The
education and support shall include |
referrals to support organizations for
educational |
materials on community resources, support groups, legal |
and
financial issues, respite care, and future care needs |
and options. The
education and support shall also include a |
discussion of the resident's need to
make advance |
directives and to identify surrogates for medical and legal
|
decision-making. The provisions of this paragraph |
establish the minimum level
of services that must be |
provided by an Alzheimer's disease management
center. An |
Alzheimer's disease management center model shall have no |
more
than 100 residents. Nothing in this paragraph (5) |
shall be construed as
prohibiting a person or facility from |
providing services and care to persons
with Alzheimer's |
|
disease as otherwise authorized under State law.
|
(6) Alternative health care delivery model; birth |
center. A birth
center shall be exclusively dedicated to |
serving the childbirth-related needs of women and their |
newborns and shall have no more than 10 beds. A birth |
center is a designated site
that is away from the mother's |
usual place of residence and in which births are
planned to |
occur following a normal, uncomplicated, and low-risk |
pregnancy. A
birth center shall offer prenatal care and |
community education services and
shall coordinate these |
services with other health care services available in
the |
community.
|
(A) A birth center shall not be separately licensed |
if it
is one of the following: |
(1) A part of a hospital; or |
(2) A freestanding facility that is physically
|
distinct from a hospital but is operated under a
|
license issued to a hospital under the Hospital
|
Licensing Act. |
(B) A separate birth center license shall be |
required if the birth center is operated as: |
(1) A part of the operation of a federally
|
qualified health center as designated by the |
United
States Department of Health and Human |
Services; or |
(2) A facility other than one described in |
|
subparagraph (A)(1), (A)(2), or (B)(1) of this |
paragraph (6) whose costs are
reimbursable under |
Title XIX of the federal Social
Security Act. |
In adopting rules for birth centers, the Department |
shall consider:
the American Association
of Birth Centers' |
Standards for Freestanding Birth Centers; the American |
Academy of Pediatrics/American College of Obstetricians |
and Gynecologists Guidelines for Perinatal Care; and the |
Regionalized Perinatal Health Care Code. The Department's |
rules shall stipulate the eligibility criteria for birth |
center admission. The Department's rules shall
stipulate |
the necessary equipment for emergency care
according to the |
American Association of Birth Centers'
standards and any |
additional equipment deemed necessary by the Department. |
The Department's rules shall provide for a time
period |
within which each birth center not part of a
hospital must |
become accredited by either the Commission for the
|
Accreditation of Freestanding Birth Centers or The Joint |
Commission. |
A birth center shall be certified to participate in the |
Medicare and Medicaid
programs under Titles XVIII and XIX, |
respectively, of the federal Social
Security Act.
To the |
extent necessary, the Illinois Department of Healthcare |
and Family Services shall apply for
a waiver from the |
United States Health Care Financing Administration to |
allow
birth centers to be reimbursed under Title XIX of the |
|
federal Social Security
Act. |
A birth center that is not operated under a hospital |
license shall be located within a ground travel time |
distance from the general acute care hospital with which
|
the birth center maintains a contractual relationship,
|
including a transfer agreement, as required under this
|
paragraph, that allows for an emergency caesarian delivery |
to be started within 30 minutes of the decision a caesarian |
delivery is necessary. A birth center operating under a |
hospital license shall be located within a ground travel |
time distance from the licensed hospital that allows for an |
emergency caesarian delivery to be started within 30 |
minutes of the decision a caesarian delivery is necessary. |
The services of a
medical director physician, licensed |
to practice medicine in all its branches, who is certified |
or eligible for certification by the
American College of |
Obstetricians and Gynecologists or the
American Board of |
Osteopathic Obstetricians and Gynecologists or has |
hospital
obstetrical privileges are required in birth |
centers. The medical director in consultation with the |
Director of Nursing and Midwifery Services shall |
coordinate the clinical staff and overall provision of |
patient care.
The medical director or his or her physician |
designee shall be available on the premises or within a |
close proximity as defined by rule. The medical director |
and the Director of Nursing and Midwifery Services shall |
|
jointly develop and approve policies defining the criteria |
to determine which pregnancies are accepted as normal, |
uncomplicated, and low-risk, and the anesthesia services |
available at the center. No general anesthesia may be |
administered at the center. |
If a birth center employs
certified nurse midwives, a |
certified nurse midwife shall be the Director of
Nursing |
and Midwifery
Services who is responsible for the |
development of policies and procedures for
services as |
provided by Department rules. |
An obstetrician, family
practitioner, or certified |
nurse midwife shall attend each woman in labor from
the |
time of admission through birth and throughout the |
immediate postpartum
period. Attendance may be delegated |
only to another physician or certified
nurse
midwife. |
Additionally, a second staff person shall also be present |
at each
birth who is licensed or certified in Illinois in a |
health-related field and under the supervision of the |
physician or certified nurse midwife
in attendance, has |
specialized training in labor and delivery techniques and
|
care of newborns, and receives planned and ongoing training |
as needed to
perform assigned duties effectively. |
The maximum length of stay in a birth center shall be
|
consistent with existing State laws allowing a 48-hour stay |
or appropriate
post-delivery care, if discharged earlier |
than 48 hours. |
|
A birth center shall
participate in the Illinois |
Perinatal
System under the Developmental Disability |
Prevention Act. At a minimum, this
participation shall |
require a birth center to establish a letter of agreement
|
with a hospital designated under the Perinatal System. A |
hospital that
operates or has a letter of agreement with a |
birth center shall include the
birth center under its |
maternity service plan under the Hospital Licensing Act
and |
shall include the birth center in the hospital's letter of |
agreement with
its regional perinatal center. |
A birth center may not discriminate against any patient |
requiring treatment
because of the source of payment for |
services, including Medicare and Medicaid
recipients. |
No general anesthesia and no surgery may be performed |
at a birth center.
The Department may by rule add birth |
center patient eligibility criteria or standards as it |
deems necessary.
The Department shall by rule require each |
birth center to report the information which the Department |
shall make publicly available, which shall include, but is |
not limited to, the following: |
(i) Birth center ownership. |
(ii) Sources of payment for services. |
(iii) Utilization data involving patient length of |
stay. |
(iv) Admissions and discharges. |
(v) Complications. |
|
(vi) Transfers. |
(vii) Unusual incidents. |
(viii) Deaths. |
(ix) Any other publicly reported data required |
under the Illinois Consumer Guide. |
(x) Post-discharge patient status data where |
patients are followed for 14 days after discharge from |
the birth center to determine whether the mother or |
baby developed a complication or infection. |
Within 9 months after the effective date of this |
amendatory Act of the 95th
General Assembly, the Department |
shall adopt rules that are developed with consideration of: |
the American Association of Birth Centers' Standards for |
Freestanding Birth Centers; the American Academy of |
Pediatrics/American College of Obstetricians and |
Gynecologists Guidelines for Perinatal Care; and the |
Regionalized Perinatal Health Care Code. |
The Department shall adopt other rules as necessary to |
implement the provisions of this
amendatory Act of the 95th |
General Assembly within 9 months after the
effective date |
of this amendatory Act of the 95th General Assembly. |
(Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08.)
|
Section 15. The Nursing Home Care Act is amended by |
changing Sections 2-106 and 3-804 as follows:
|
|
(210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
|
Sec. 2-106. (a) For purposes of this Act, (i) a physical |
restraint is any
manual method or physical or
mechanical |
device, material, or equipment attached or adjacent to a
|
resident's body that the resident cannot remove easily and
|
restricts
freedom of movement or normal access to one's
body. |
Devices used for
positioning, including but not limited to bed |
rails,
gait belts, and cushions, shall not be considered to be |
restraints for
purposes of this Section;
(ii) a chemical |
restraint
is
any drug used for discipline or convenience and |
not required to treat medical
symptoms. The Department shall by |
rule, designate certain devices as
restraints,
including at |
least all those devices which have been determined
to be |
restraints by the United States Department of Health and Human |
Services
in
interpretive guidelines issued for the purposes of |
administering Titles XVIII and XIX of the Social Security Act.
|
(b) Neither restraints nor confinements shall be employed
|
for the purpose of punishment or for the convenience of any |
facility personnel.
No restraints or confinements shall be |
employed except as ordered
by a physician who documents the |
need for such restraints or confinements
in the
resident's |
clinical record. Each facility licensed under this Act must |
have
a written policy to address the use of restraints and |
seclusion. The
Department shall establish by rule the |
provisions that the policy must include,
which, to the extent |
practicable, should be consistent with the requirements
for |
|
participation in the federal Medicare program. Each policy |
shall include
periodic review of the use of restraints.
|
(c) A restraint may be used only with the informed consent |
of the
resident, the resident's guardian, or other authorized |
representative. A
restraint may be used only for specific |
periods, if it is the
least restrictive means necessary to |
attain and maintain the resident's highest
practicable |
physical, mental or psychosocial well-being, including brief
|
periods of time to provide necessary life-saving treatment. A |
restraint may be
used only after consultation with appropriate |
health professionals, such as
occupational or physical |
therapists, and a trial of less restrictive measures
has led to |
the determination that the use of less restrictive measures
|
would not attain or maintain the resident's highest practicable |
physical,
mental or psychosocial well-being.
However, if the |
resident needs emergency care, restraints may be used for brief
|
periods to
permit medical treatment to proceed unless the |
facility has notice that the
resident has previously made a |
valid refusal of the treatment in
question.
|
(d) A restraint may be applied only by a person trained in |
the application
of the particular type of restraint.
|
(e) Whenever a period of use of a restraint is initiated, |
the resident shall
be advised of his or her right to have a |
person or organization of his or
her
choosing,
including the |
Guardianship and Advocacy Commission, notified of the use of |
the
restraint. A recipient
who is under guardianship may |
|
request that a person or organization of his or
her choosing be |
notified of the restraint, whether or not the guardian
approves |
the notice.
If the resident so chooses, the facility shall make |
the notification
within 24 hours, including any information
|
about
the period of time that the restraint is to be used.
|
Whenever the Guardianship and Advocacy Commission is notified |
that a resident
has been restrained, it shall contact the |
resident to determine the
circumstances of the restraint and |
whether further action is warranted.
|
(f) Whenever a restraint is used on a resident whose |
primary mode of
communication is sign language, the resident |
shall be permitted to have his or
her
hands free from restraint |
for brief periods each hour, except when this freedom
may
|
result in physical harm to the resident or others.
|
(g) The requirements of this Section are intended to |
control in any conflict
with the requirements of Sections
1-126 |
and 2-108 of the Mental Health and Developmental Disabilities |
Code.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(210 ILCS 45/3-804) (from Ch. 111 1/2, par. 4153-804)
|
Sec. 3-804.
The Department shall report to the General |
Assembly by July
April 1 of each year upon the performance of |
its inspection, survey and
evaluation duties under this Act, |
including the number and needs of the
Department personnel |
engaged in such activities. The report shall also
describe the |
|
Department's actions in enforcement of this Act, including
the |
number and needs of personnel so engaged.
The report shall also |
include the number of valid and invalid complaints filed with
|
the Department within the last calendar year.
|
(Source: P.A. 84-1322.)
|
Section 20. The Illinois Migrant Labor Camp Law is amended |
by changing Sections 4 and 6 as follows:
|
(210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)
|
Sec. 4.
Applications for a license to operate or maintain a |
Migrant Labor
Camp or for a renewal thereof shall be made upon |
forms to be furnished by
the Department. Such application shall |
include:
|
(a) The name and address of the applicant or applicants. If |
the
applicant is a partnership, the names and addresses of all |
the partners
shall also be given. If the applicant is a |
corporation, the names and
addresses of the principal officers |
of the corporation shall be given.
|
(b) The approximate legal description and the address of |
the tract of
land upon which the applicant proposes to operate |
and maintain such Migrant
Labor Camp.
|
(c) A general plan or sketch of the camp site showing the |
location of
the buildings or facilities together with a |
description of the buildings,
of the water supply, of the |
toilet, bathing and laundry facilities, and of
the fire |
|
protection equipment.
|
(d) The date upon which the occupancy and use of the |
Migrant Labor Camp
will commence.
|
The application for the original license or for any renewal |
thereof
shall be accompanied by a fee of $100.
|
Application for the original license or any renewal thereof |
shall be
filed with the Department in the office of the |
Director at least 60 days prior to the date on
which the |
occupancy and use of such camp is to commence. Application for |
a renewal license shall be filed with the Department at least |
60 days prior to the expiration date of the current license. |
The camp shall be
ready for inspection at least 30 days prior |
to the date upon which the
occupancy and use of such camp is to |
commence.
|
(Source: P.A. 86-595.)
|
(210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)
|
Sec. 6.
Upon receipt of an application for a license, the |
Department shall
inspect the camp site and the facilities |
described in the application
approximately 30 days prior to the |
date on which the occupancy and use of
such camp is to |
commence. If the Department finds that the Migrant Labor
Camp |
described in the application meets and complies with the |
provisions of
this Act and the rules and regulations of the |
Department in relation
thereto, the Director shall, not less |
than 15 days prior to the date on
which the occupancy and use |
|
of such camp is to commence, issue a license to
the applicant |
for the operation of the camp.
|
If the application is denied, the Department shall notify |
the applicant
in writing of such denial not less than 15 days |
prior to the date on which
the occupancy and use of such camp |
is to commence, setting forth the
reasons therefor. If the |
conditions constituting the basis for such denial
are |
remediable, the applicant may correct such conditions and |
notify the
Department in writing indicating therein the manner |
in which such
conditions have been remedied. Notifications of |
corrections shall be
processed in the same manner as the |
original application.
|
(Source: Laws 1965, p. 2356.)
|
Section 25. The Poison Control System Act is amended by |
changing Section 15 as follows:
|
(410 ILCS 47/15)
|
Sec. 15. Regional center designation. By January 1, 1993, |
the Director of
the Illinois Department of Public Health shall |
designate at least one 2 and no more
than 3 human poison |
control centers. The director of the Illinois Department
of |
Agriculture shall designate one 1 animal poison control center |
as regional
poison control center to provide comprehensive |
poison control center services
for animal exposures by January |
1, 1993. The services provided by the centers
shall adhere to |
|
the appropriate national standards promulgated by the American
|
Association of Poison Control Centers and the Illinois State |
Veterinary Medical
Association; adherence to these standards |
shall occur within 2 years after
designation by the respective |
departments, unless the center has been
granted an extension by |
the Illinois Department of Public Health or the
Illinois |
Department of Agriculture. The 2-year period shall |
automatically
be extended for an additional 2 years if funding |
was not secured after a
poison control center's initial |
designation. The designated departments shall
set standards of |
operation after consulting with current poison control service
|
providers. Poison control centers shall cooperate to reduce the |
cost of
operations, collect information on poisoning |
exposures, and provide education
to the public and health |
professionals. A regional poison control center shall
continue |
to operate unless it voluntarily closes or the designating |
departments
revoke the designation for failure to comply with |
the standards. Centers
designated under this Act shall be |
considered State agencies for purposes of
the State Employee |
Indemnification Act.
|
(Source: P.A. 87-1145.)
|
Section 30. The Illinois Food, Drug and Cosmetic Act is |
amended by changing Section 21.3 as follows:
|
(410 ILCS 620/21.3)
|
|
Sec. 21.3. Certificates of free sale; health certificates; |
shellfish
certificates. |
(a) The Department is authorized, upon request, to issue |
certificates of
free sale, health certificates,
or an
|
equivalent, to Illinois food, dairy, drug, cosmetic, or medical |
device
manufacturers, processors, packers, or
warehousers. The |
Department shall charge a fee of $10 for issuing a
certificate |
of free sale, health certificate, or equivalent.
|
(b) The Department shall issue an Illinois shellfish |
certificate, upon
request,
to
shellfish firms in compliance |
with the National Shellfish Sanitation Program Model Ordinance |
Interstate Shellfish Sanitation
Conference.
|
(c) This Section applies on and after January 1, 2003.
|
(Source: P.A. 92-769, eff. 1-1-03.)
|
Section 35. The Grade A Pasteurized Milk and Milk Products |
Act is amended by changing Section 3 as follows:
|
(410 ILCS 635/3) (from Ch. 56 1/2, par. 2203)
|
Sec. 3. Definitions.
|
(a) As used in this Act "Grade A" means that milk and milk
|
products are produced and processed in accordance with the |
current Grade A Pasteurized Milk Ordinance as adopted by the |
National Conference on Interstate Milk Shipments and the latest |
United
States Public Health Service - Food and Drug |
Administration and all other applicable federal regulations |
|
Grade A Pasteurized
Milk Ordinance as may be amended. The term |
Grade A is applicable to "dairy
farm", "milk hauler-sampler", |
"milk plant", "milk product",
"receiving station", "transfer |
station", "milk tank truck",
and "certified pasteurizer |
sealer" whenever used in this Act.
|
(b) Unless the context clearly indicates otherwise, terms |
have the meaning
ascribed as follows:
|
(1) "Dairy farm" means any place or premise where one |
or more cows or
goats
are kept, and from which a part or |
all of the milk or milk products are
provided, sold, or |
offered for sale to a milk plant, transfer station, or
|
receiving station.
|
(2) "Milk" means the milk of cows or goats and includes |
skim milk and
cream.
|
(3) "Milk plant" means any place, premise, or |
establishment where milk
or milk products are collected, |
handled, processed, stored, pasteurized,
aseptically |
processed, bottled, or prepared for distribution.
|
(4) "Milk product" means any product including cream, |
light cream, light
whipping cream, heavy cream, heavy |
whipping cream, whipped cream, whipped
light cream, sour |
cream, acidified light cream, cultured sour cream,
|
half-and-half,
sour half-and-half, acidified sour |
half-and-half, cultured half-and-half,
reconstituted or |
recombined milk and milk products, concentrated milk,
|
concentrated
milk products, skim milk, lowfat milk, frozen |
|
milk concentrate, eggnog,
buttermilk, cultured milk, |
cultured lowfat milk or skim milk, cottage cheese,
yogurt, |
lowfat yogurt, nonfat yogurt, acidified milk, acidified
|
lowfat milk or skim milk, low-sodium milk, low-sodium |
lowfat milk, low-sodium
skim milk, lactose-reduced milk, |
lactose-reduced lowfat milk, lactose-reduced
skim milk, |
aseptically processed and packaged milk and milk products, |
and
milk, lowfat milk or skim milk with added safe and |
suitable microbial
organisms.
|
(5) "Receiving station" means any place, premise, or |
establishment
where
raw milk is received, collected, |
handled, stored or cooled and prepared
for further |
transporting.
|
(6) "Transfer station" means any place, premise, or |
establishment where
milk or milk products are transferred |
directly from one milk tank truck to
another.
|
(7) "Department" means the Illinois Department of |
Public Health.
|
(8) "Director" means the Director of the Illinois |
Department of Public
Health.
|
(9) "Embargo or hold for investigation" means a |
detention or seizure
designed
to deny the use of milk or |
milk products which may be unwholesome or to
prohibit the |
use of equipment which may result in contaminated or |
unwholesome
milk or dairy products.
|
(10) "Imminent hazard to the public health" means any |
|
hazard to the public
health when the evidence is sufficient |
to show that a product or practice,
posing or contributing |
to a significant threat of danger to health,
creates or may |
create a public health
situation (1) that should be |
corrected immediately to prevent
injury and (2) that should |
not be permitted to continue while a hearing
or other |
formal proceeding is being held.
|
(11) "Person" means any individual, group of |
individuals, association,
trust, partnership, corporation, |
person doing business under an assumed
name, the State of |
Illinois, or any political subdivision or department
|
thereof, or any other entity.
|
(12) "Enforcing agency" means the Illinois Department |
of Public
Health or a
unit of local government electing to |
administer and enforce this Act as
provided for in this |
Act.
|
(13) "Permit" means a document awarded to a person for |
compliance with
the provisions of and under conditions set |
forth in this Act.
|
(14) "Milk hauler-sampler" means a person who is |
qualified
and trained for the grading and sampling of raw |
milk in accordance with federal
and State quality standards |
and procedures.
|
(15) "Cleaning and sanitizing facility" means any |
place, premise or
establishment where milk tank trucks are |
cleaned and sanitized.
|
|
(16) "Milk tank truck" includes both a bulk pickup tank |
and a milk
transport tank.
|
(A) "Bulk milk pickup tank" means the tank, and |
those appurtenances
necessary for its use, used by a |
milk hauler-sampler to transport bulk raw milk
for |
pasteurization from a dairy farm to a milk plant, |
receiving station, or
transfer station.
|
(B) "Milk transport tank" means a vehicle, |
including the
truck and tank, used by a milk hauler to |
transport bulk
shipments of milk from a transfer |
station, receiving
station, or milk plant to another |
transfer station,
receiving station, or milk plant.
|
(17) "Certified pasteurizer sealer" means a person who |
has
satisfactorily
completed a course of instruction and |
has demonstrated the ability to
satisfactorily conduct all |
pasteurization control tests, as required by rules
adopted |
by the Department.
|
(Source: P.A. 92-216, eff. 1-1-02.)
|
(210 ILCS 3/36.5 rep.) |
Section 40. The Alternative Health Care Delivery Act is |
amended by repealing Section 36.5.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|