Sen. Ira I. Silverstein
Filed: 4/26/2004
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1 | AMENDMENT TO HOUSE BILL 1659
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2 | AMENDMENT NO. ______. Amend House Bill 1659 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Health Facilities Planning Act is | ||||||
5 | amended by changing Section 3 as follows:
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6 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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7 | (Section scheduled to be repealed on July 1, 2008)
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8 | Sec. 3. Definitions. As used in this Act:
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9 | "Health care facilities" means and includes
the following | ||||||
10 | facilities and organizations:
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11 | 1. An ambulatory surgical treatment center required to | ||||||
12 | be licensed
pursuant to the Ambulatory Surgical Treatment | ||||||
13 | Center Act;
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14 | 2. An institution, place, building, or agency required | ||||||
15 | to be licensed
pursuant to the Hospital Licensing Act;
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16 | 3. Skilled and intermediate long term care facilities | ||||||
17 | licensed under the
Nursing
Home Care Act;
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18 | 3. Skilled and intermediate long term care facilities | ||||||
19 | licensed under the
Nursing
Home Care Act;
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20 | 4. Hospitals, nursing homes, ambulatory surgical | ||||||
21 | treatment centers, or
kidney disease treatment centers
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22 | maintained by the State or any department or agency | ||||||
23 | thereof;
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24 | 5. Kidney disease treatment centers, including a |
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1 | free-standing
hemodialysis unit required to be licensed | ||||||
2 | under the End Stage Renal Disease Facility Act ; and
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3 | 6. An institution, place, building, or room used for | ||||||
4 | the performance of
outpatient surgical procedures that is | ||||||
5 | leased, owned, or operated by or on
behalf of an | ||||||
6 | out-of-state facility.
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7 | No federally owned facility shall be subject to the | ||||||
8 | provisions of this
Act, nor facilities used solely for healing | ||||||
9 | by prayer or spiritual means.
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10 | No facility licensed under the Supportive Residences | ||||||
11 | Licensing Act or the
Assisted Living and Shared Housing Act
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12 | shall be subject to the provisions of this Act.
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13 | A facility designated as a supportive living facility that | ||||||
14 | is in good
standing with the demonstration project established | ||||||
15 | under Section 5-5.01a of
the Illinois Public Aid Code shall not | ||||||
16 | be subject to the provisions of this
Act.
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17 | This Act does not apply to facilities granted waivers under | ||||||
18 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
19 | demonstration project under that
Act applies for a certificate
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20 | of need to convert to a nursing facility, it shall meet the | ||||||
21 | licensure and
certificate of need requirements in effect as of | ||||||
22 | the date of application. | ||||||
23 | This Act shall not apply to a dialysis facility that: (i) | ||||||
24 | provides only dialysis training, support, and related services | ||||||
25 | to individuals with end stage renal disease who have elected to | ||||||
26 | receive home dialysis; and (ii) becomes an approved participant | ||||||
27 | or has participated in the Centers for Medicare and Medicaid | ||||||
28 | Service's expanded delivery model study for home dialysis | ||||||
29 | services provided to residents of skilled nursing and nursing | ||||||
30 | facilities in Illinois and its successor programs of extensions | ||||||
31 | thereof. | ||||||
32 | This Act shall not apply to a dialysis unit located in a | ||||||
33 | licensed nursing home that offers or provides dialysis-related | ||||||
34 | services to individuals with end stage renal disease who have |
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1 | elected to receive home dialysis.
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2 | This Act shall not apply to the closure of an entity or a | ||||||
3 | portion of an
entity licensed under the Nursing Home Care Act | ||||||
4 | that elects to convert, in
whole or in part, to an assisted | ||||||
5 | living or shared housing establishment
licensed under the | ||||||
6 | Assisted Living and Shared Housing Act.
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7 | With the exception of those health care facilities | ||||||
8 | specifically
included in this Section, nothing in this Act | ||||||
9 | shall be intended to
include facilities operated as a part of | ||||||
10 | the practice of a physician or
other licensed health care | ||||||
11 | professional, whether practicing in his
individual capacity or | ||||||
12 | within the legal structure of any partnership,
medical or | ||||||
13 | professional corporation, or unincorporated medical or
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14 | professional group. Further, this Act shall not apply to | ||||||
15 | physicians or
other licensed health care professional's | ||||||
16 | practices where such practices
are carried out in a portion of | ||||||
17 | a health care facility under contract
with such health care | ||||||
18 | facility by a physician or by other licensed
health care | ||||||
19 | professionals, whether practicing in his individual capacity
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20 | or within the legal structure of any partnership, medical or
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21 | professional corporation, or unincorporated medical or | ||||||
22 | professional
groups. This Act shall apply to construction or
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23 | modification and to establishment by such health care facility | ||||||
24 | of such
contracted portion which is subject to facility | ||||||
25 | licensing requirements,
irrespective of the party responsible | ||||||
26 | for such action or attendant
financial obligation.
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27 | "Person" means any one or more natural persons, legal | ||||||
28 | entities,
governmental bodies other than federal, or any | ||||||
29 | combination thereof.
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30 | "Consumer" means any person other than a person (a) whose | ||||||
31 | major
occupation currently involves or whose official capacity | ||||||
32 | within the last
12 months has involved the providing, | ||||||
33 | administering or financing of any
type of health care facility, | ||||||
34 | (b) who is engaged in health research or
the teaching of |
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1 | health, (c) who has a material financial interest in any
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2 | activity which involves the providing, administering or | ||||||
3 | financing of any
type of health care facility, or (d) who is or | ||||||
4 | ever has been a member of
the immediate family of the person | ||||||
5 | defined by (a), (b), or (c).
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6 | "State Board" means the Health Facilities Planning Board.
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7 | "Construction or modification" means the establishment, | ||||||
8 | erection,
building, alteration, reconstruction, modernization, | ||||||
9 | improvement,
extension, discontinuation, change of ownership, | ||||||
10 | of or by a health care
facility, or the purchase or acquisition | ||||||
11 | by or through a health care facility
of
equipment or service | ||||||
12 | for diagnostic or therapeutic purposes or for
facility | ||||||
13 | administration or operation, or any capital expenditure made by
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14 | or on behalf of a health care facility which
exceeds the | ||||||
15 | capital expenditure minimum; however, any capital expenditure
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16 | made by or on behalf of a health care facility for the | ||||||
17 | construction or
modification of a facility licensed under the | ||||||
18 | Assisted Living and Shared
Housing Act shall be excluded from | ||||||
19 | any obligations under this Act.
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20 | "Establish" means the construction of a health care | ||||||
21 | facility or the
replacement of an existing facility on another | ||||||
22 | site.
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23 | "Major medical equipment" means medical equipment which is | ||||||
24 | used for the
provision of medical and other health services and | ||||||
25 | which costs in excess
of the capital expenditure minimum, | ||||||
26 | except that such term does not include
medical equipment | ||||||
27 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
28 | clinical laboratory
services if the clinical laboratory is | ||||||
29 | independent of a physician's office
and a hospital and it has | ||||||
30 | been determined under Title XVIII of the Social
Security Act to | ||||||
31 | meet the requirements of paragraphs (10) and (11) of Section
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32 | 1861(s) of such Act. In determining whether medical equipment | ||||||
33 | has a value
in excess of the capital expenditure minimum, the | ||||||
34 | value of studies, surveys,
designs, plans, working drawings, |
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1 | specifications, and other activities
essential to the | ||||||
2 | acquisition of such equipment shall be included.
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3 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
4 | on behalf of
a health care facility (as such a facility is | ||||||
5 | defined in this Act); and
(B) which under generally accepted | ||||||
6 | accounting principles is not properly
chargeable as an expense | ||||||
7 | of operation and maintenance, or is made to obtain
by lease or | ||||||
8 | comparable arrangement any facility or part thereof or any
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9 | equipment for a facility or part; and which exceeds the capital | ||||||
10 | expenditure
minimum.
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11 | For the purpose of this paragraph, the cost of any studies, | ||||||
12 | surveys, designs,
plans, working drawings, specifications, and | ||||||
13 | other activities essential
to the acquisition, improvement, | ||||||
14 | expansion, or replacement of any plant
or equipment with | ||||||
15 | respect to which an expenditure is made shall be included
in | ||||||
16 | determining if such expenditure exceeds the capital | ||||||
17 | expenditures minimum.
Donations of equipment
or facilities to a | ||||||
18 | health care facility which if acquired directly by such
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19 | facility would be subject to review under this Act shall be | ||||||
20 | considered capital
expenditures, and a transfer of equipment or | ||||||
21 | facilities for less than fair
market value shall be considered | ||||||
22 | a capital expenditure for purposes of this
Act if a transfer of | ||||||
23 | the equipment or facilities at fair market value would
be | ||||||
24 | subject to review.
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25 | "Capital expenditure minimum" means $6,000,000, which | ||||||
26 | shall be annually
adjusted to reflect the increase in | ||||||
27 | construction costs due to inflation, for major medical | ||||||
28 | equipment and for all other
capital expenditures; provided, | ||||||
29 | however, that when a capital expenditure is
for the | ||||||
30 | construction or modification of a health and fitness center, | ||||||
31 | "capital
expenditure minimum" means the capital expenditure | ||||||
32 | minimum for all other
capital expenditures in effect on March | ||||||
33 | 1, 2000, which shall be annually
adjusted to reflect the | ||||||
34 | increase in construction costs due to inflation.
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1 | "Non-clinical service area" means an area (i) for the | ||||||
2 | benefit of the
patients, visitors, staff, or employees of a | ||||||
3 | health care facility and (ii) not
directly related to the | ||||||
4 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
5 | services from the health care facility. "Non-clinical service | ||||||
6 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
7 | news stands; computer
systems; tunnels, walkways, and | ||||||
8 | elevators; telephone systems; projects to
comply with life | ||||||
9 | safety codes; educational facilities; student housing;
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10 | patient, employee, staff, and visitor dining areas; | ||||||
11 | administration and
volunteer offices; modernization of | ||||||
12 | structural components (such as roof
replacement and masonry | ||||||
13 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
14 | storage facilities; parking facilities; mechanical systems for
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15 | heating, ventilation, and air conditioning; loading docks; and | ||||||
16 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
17 | window coverings or treatments,
or furniture. Solely for the | ||||||
18 | purpose of this definition, "non-clinical service
area" does | ||||||
19 | not include health and fitness centers.
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20 | "Areawide" means a major area of the State delineated on a
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21 | geographic, demographic, and functional basis for health | ||||||
22 | planning and
for health service and having within it one or | ||||||
23 | more local areas for
health planning and health service. The | ||||||
24 | term "region", as contrasted
with the term "subregion", and the | ||||||
25 | word "area" may be used synonymously
with the term "areawide".
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26 | "Local" means a subarea of a delineated major area that on | ||||||
27 | a
geographic, demographic, and functional basis may be | ||||||
28 | considered to be
part of such major area. The term "subregion" | ||||||
29 | may be used synonymously
with the term "local".
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30 | "Areawide health planning organization" or "Comprehensive | ||||||
31 | health
planning organization" means the health systems agency | ||||||
32 | designated by the
Secretary, Department of Health and Human | ||||||
33 | Services or any successor agency.
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34 | "Local health planning organization" means those local |
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1 | health
planning organizations that are designated as such by | ||||||
2 | the areawide
health planning organization of the appropriate | ||||||
3 | area.
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4 | "Physician" means a person licensed to practice in | ||||||
5 | accordance with
the Medical Practice Act of 1987, as amended.
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6 | "Licensed health care professional" means a person | ||||||
7 | licensed to
practice a health profession under pertinent | ||||||
8 | licensing statutes of the
State of Illinois.
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9 | "Director" means the Director of the Illinois Department of | ||||||
10 | Public Health.
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11 | "Agency" means the Illinois Department of Public Health.
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12 | "Comprehensive health planning" means health planning | ||||||
13 | concerned with
the total population and all health and | ||||||
14 | associated problems that affect
the well-being of people and | ||||||
15 | that encompasses health services, health
manpower, and health | ||||||
16 | facilities; and the coordination among these and
with those | ||||||
17 | social, economic, and environmental factors that affect | ||||||
18 | health.
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19 | "Alternative health care model" means a facility or program | ||||||
20 | authorized
under the Alternative Health Care Delivery Act.
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21 | "Out-of-state facility" means a person that is both (i) | ||||||
22 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
23 | the laws of another state
or that
qualifies as a hospital or an | ||||||
24 | ambulatory surgery center under regulations
adopted pursuant | ||||||
25 | to the Social Security Act and (ii) not licensed under the
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26 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
27 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
28 | out-of-state facilities shall be
considered out-of-state | ||||||
29 | facilities. Affiliates of Illinois licensed health
care | ||||||
30 | facilities 100% owned by an Illinois licensed health care | ||||||
31 | facility, its
parent, or Illinois physicians licensed to | ||||||
32 | practice medicine in all its
branches shall not be considered | ||||||
33 | out-of-state facilities. Nothing in
this definition shall be
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34 | construed to include an office or any part of an office of a |
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1 | physician licensed
to practice medicine in all its branches in | ||||||
2 | Illinois that is not required to be
licensed under the | ||||||
3 | Ambulatory Surgical Treatment Center Act.
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4 | "Change of ownership of a health care facility" means a | ||||||
5 | change in the
person
who has ownership or
control of a health | ||||||
6 | care facility's physical plant and capital assets. A change
in | ||||||
7 | ownership is indicated by
the following transactions: sale, | ||||||
8 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
9 | means of
transferring control.
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10 | "Related person" means any person that: (i) is at least 50% | ||||||
11 | owned, directly
or indirectly, by
either the health care | ||||||
12 | facility or a person owning, directly or indirectly, at
least | ||||||
13 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
14 | indirectly, at least 50% of the
health care facility.
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15 | (Source: P.A. 93-41, eff. 6-27-03.)
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16 | Section 10. The End Stage Renal Disease Facility Act is | ||||||
17 | amended by changing Sections 15 and 20 as follows:
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18 | (210 ILCS 62/15)
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19 | Sec. 15. Exemptions from licensing requirement. The | ||||||
20 | following facilities
are not required to be licensed under this | ||||||
21 | Act:
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22 | (1) a home health agency licensed under the Home Health | ||||||
23 | Agency Licensing
Act;
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24 | (2) a hospital licensed under the Hospital Licensing | ||||||
25 | Act or the University
of Illinois Hospital Act; and
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26 | (3) the office of a physician ; | ||||||
27 | (4) a nursing facility licensed under the Nursing Home | ||||||
28 | Care Act (210 ILCS 45/); and | ||||||
29 | (5) a facility that (i) provides only dialysis | ||||||
30 | training, support, and related services to individuals | ||||||
31 | with end stage renal disease who have elected to receive | ||||||
32 | home dialysis; and (ii) becomes an approved participant or |
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1 | has participated in the Centers for Medicare and Medicaid | ||||||
2 | Service's expanded delivery model study for home dialysis | ||||||
3 | services provided to residents of skilled nursing and | ||||||
4 | nursing facilities in Illinois and its successor programs | ||||||
5 | of extensions thereof .
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6 | (Source: P.A. 92-794, eff. 7-1-03.)
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7 | (210 ILCS 62/20)
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8 | Sec. 20. Issuance and renewal of license.
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9 | (a) An applicant for a license under this Act shall submit | ||||||
10 | an application on
forms prescribed by the Department.
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11 | (b) Each application shall be accompanied by a | ||||||
12 | non-refundable license fee,
as
established by rule of the | ||||||
13 | Department.
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14 | (c) Each application shall contain evidence that there is | ||||||
15 | at least one
physician responsible for the medical direction of | ||||||
16 | the
facility and that each dialysis technician on staff has | ||||||
17 | completed a training
program as required by this Act.
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18 | (d) The Department may grant a temporary initial license to | ||||||
19 | an applicant. A
temporary initial license expires on the | ||||||
20 | earlier
of (i) the date the Department issues or denies the | ||||||
21 | license or (ii) the date 6
months after the temporary initial | ||||||
22 | license was issued. The Department may issue subsequent | ||||||
23 | temporary licenses where necessary.
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24 | (e) The Department shall issue a license if, after | ||||||
25 | application, inspection,
and
investigation, it finds the | ||||||
26 | applicant meets the
requirements of this Act and the standards | ||||||
27 | adopted pursuant to this Act. The Department may consider | ||||||
28 | facilities certified under Titles XVIII and XIX of the federal | ||||||
29 | Social Security Act as meeting the licensure requirements under | ||||||
30 | this Section.
The
Department may include participation as a | ||||||
31 | supplier
of end stage renal disease services under Titles XVIII | ||||||
32 | and XIX of the federal
Social Security Act as a condition of | ||||||
33 | licensure.
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1 | (f) The license is renewable annually after submission of | ||||||
2 | (i) the renewal
application and fee and (ii) an annual report | ||||||
3 | on a
form prescribed by the Department that includes | ||||||
4 | information related to quality
of care at the end stage renal | ||||||
5 | disease facility. The
report must be in the form and documented | ||||||
6 | by evidence as required by Department
rule.
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7 | (Source: P.A. 92-794, eff. 7-1-03.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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