093_SB0359

 
                                     LRB093 05213 AMC 05273 b

 1        AN ACT concerning health facilities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Alternative Health Care Delivery  Act  is
 5    amended by changing Section 35 as follows:

 6        (210 ILCS 3/35)
 7        Sec.  35.   Alternative  health  care  models authorized.
 8    Notwithstanding any other law to  the  contrary,  alternative
 9    health   care   models  described  in  this  Section  may  be
10    established on a demonstration basis.
11             (1)  Alternative health care  model;  subacute  care
12        hospital.   A subacute care hospital is a designated site
13        which provides medical specialty care  for  patients  who
14        need  a  greater  intensity  or  complexity  of care than
15        generally provided in a skilled nursing facility but  who
16        no longer require acute hospital care. The average length
17        of  stay  for patients treated in subacute care hospitals
18        shall not be  less  than  20  days,  and  for  individual
19        patients,  the  expected  length  of  stay at the time of
20        admission shall not be less  than  10  days.   Variations
21        from  minimum  lengths  of  stay shall be reported to the
22        Department.  There shall be no more than 13 subacute care
23        hospitals  authorized  to  operate  by  the   Department.
24        Subacute  care includes physician supervision, registered
25        nursing, and  physiological  monitoring  on  a  continual
26        basis.  A subacute care hospital is either a freestanding
27        building or a distinct physical  and  operational  entity
28        within  a  hospital or nursing home building.  A subacute
29        care  hospital  shall  only  consist  of  beds  currently
30        existing  in  licensed  hospitals  or   skilled   nursing
31        facilities,   except,  in  the  City  of  Chicago,  on  a
 
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 1        designated site that was licensed as a hospital under the
 2        Illinois Hospital  Licensing  Act  within  the  10  years
 3        immediately  before  the  application  for an alternative
 4        health care model license. During the period of operation
 5        of the demonstration project, the existing licensed  beds
 6        shall  remain  licensed  as  hospital  or skilled nursing
 7        facility beds as well as being licensed under  this  Act.
 8        In  order  to handle cases of complications, emergencies,
 9        or exigent circumstances, a subacute care hospital  shall
10        maintain a contractual relationship, including a transfer
11        agreement,  with  a  general  acute  care hospital.  If a
12        subacute care model is located in a  general  acute  care
13        hospital,  it  shall  utilize all or a portion of the bed
14        capacity of that existing hospital.  In no event shall  a
15        subacute  care  hospital  use  the word "hospital" in its
16        advertising or marketing activities or represent or  hold
17        itself  out  to  the  public  as  a  general  acute  care
18        hospital.
19             (2)  Alternative   health   care   delivery   model;
20        postsurgical   recovery   care  center.   A  postsurgical
21        recovery care center is a designated site which  provides
22        postsurgical recovery care for generally healthy patients
23        undergoing  surgical  procedures  that  require overnight
24        nursing care, pain control,  or  observation  that  would
25        otherwise   be  provided  in  an  inpatient  setting.   A
26        postsurgical recovery care center is either  freestanding
27        or  a  defined  unit  of an ambulatory surgical treatment
28        center  or  hospital.  No  facility,  or  portion  of   a
29        facility, may participate in a demonstration program as a
30        postsurgical recovery care center unless the facility has
31        been  licensed as an ambulatory surgical treatment center
32        or hospital for at least 2 years before August  20,  1993
33        (the  effective  date of Public Act 88-441).  The maximum
34        length of stay for patients in  a  postsurgical  recovery
 
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 1        care center is not to exceed 48 hours unless the treating
 2        physician requests an extension of time from the recovery
 3        center's  medical  director  on  the  basis of medical or
 4        clinical documentation that an additional care period  is
 5        required  for  the  recovery of a patient and the medical
 6        director approves the extension of  time.   In  no  case,
 7        however,   shall   a   patient's  length  of  stay  in  a
 8        postsurgical recovery  care  center  be  longer  than  72
 9        hours.  If  a  patient requires an additional care period
10        after the expiration of the 72-hour  limit,  the  patient
11        shall be transferred to an appropriate facility.  Reports
12        on  variances from the 48-hour limit shall be sent to the
13        Department for its evaluation.  The reports shall, before
14        submission to the Department, have removed from them  all
15        patient  and  physician  identifiers.  In order to handle
16        cases   of   complications,   emergencies,   or   exigent
17        circumstances, every postsurgical recovery care center as
18        defined in this paragraph shall  maintain  a  contractual
19        relationship,  including  a  transfer  agreement,  with a
20        general acute care  hospital.   A  postsurgical  recovery
21        care   center   shall  be  no  larger  than  20  beds.  A
22        postsurgical recovery care center shall be located within
23        15 minutes  travel  time  from  the  general  acute  care
24        hospital  with  which  the center maintains a contractual
25        relationship, including a transfer agreement, as required
26        under this paragraph.
27             No   postsurgical   recovery   care   center   shall
28        discriminate  against  any  patient  requiring  treatment
29        because of the source of payment for services,  including
30        Medicare and Medicaid recipients.
31             The  Department  shall  adopt rules to implement the
32        provisions of Public Act 88-441  concerning  postsurgical
33        recovery  care  centers  within 9 months after August 20,
34        1993.
 
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 1             (3)  Alternative   health   care   delivery   model;
 2        children's  community-based  health   care   center.    A
 3        children's  community-based health care center model is a
 4        designated site  that  provides  nursing  care,  clinical
 5        support services, and therapies for a period of one to 14
 6        days  for  short-term  stays  and  120 days to facilitate
 7        transitions  to  home  for  medically  fragile  children,
 8        technology dependent children, and children with  special
 9        health  care  needs who are deemed clinically stable by a
10        physician and are younger than 22  years  of  age.   This
11        care  is  to  be provided in a home-like environment that
12        serves no more than 12 children at  a  time.   Children's
13        community-based  health  care  center  services  must  be
14        available  through  the  model to all families, including
15        those whose care is paid for through  the  Department  of
16        Public   Aid,  the  Department  of  Children  and  Family
17        Services, the Department of Human Services, and insurance
18        companies who cover home health care services or  private
19        duty nursing care in the home.
20             Each  children's  community-based health care center
21        model location shall be  physically  separate  and  apart
22        from  any  other  facility  licensed by the Department of
23        Public Health under this  or  any  other  Act  and  shall
24        provide  the following services: respite care, registered
25        nursing or licensed practical nursing care,  transitional
26        care  to  facilitate home placement and reunite families,
27        medical day care, weekend camps, and  diagnostic  studies
28        typically  done  in  the home setting. Alternative health
29        care delivery model; children's respite care  center.   A
30        children's respite care center model is a designated site
31        that    provides    respite    for    medically    frail,
32        technologically dependent, clinically stable children, up
33        to  age 18, for a period of one to 14 days.  This care is
34        to be provided in a home-like environment that serves  no
 
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 1        more  than 10 children at a time. Children's respite care
 2        center services must be available through the   model  to
 3        all  families,  including  those  whose  care is paid for
 4        through the Illinois Department  of  Public  Aid  or  the
 5        Illinois  Department  of  Children  and  Family Services.
 6        Each respite care model  location  shall  be  a  facility
 7        physically  separate  and  apart  from any other facility
 8        licensed by the Department of Public Health under this or
 9        any other Act  and  shall  provide,  at  a  minimum,  the
10        following services: out-of-home respite care; hospital to
11        home  training  for  families  and caregivers; short term
12        transitional care to facilitate  placement  and  training
13        for  foster  care  parents;  parent  and  family  support
14        groups.
15             Coverage  for  the services provided by the Illinois
16        Department of Public Aid  under  this  paragraph  (3)  is
17        contingent  upon  federal waiver approval and is provided
18        only to Medicaid eligible clients  participating  in  the
19        home  and  community  based services waiver designated in
20        Section 1915(c) of the Social Security Act for  medically
21        frail and technologically dependent children.
22             (4)  Alternative   health   care   delivery   model;
23        community  based  residential  rehabilitation  center.  A
24        community-based residential rehabilitation  center  model
25        is  a  designated  site  that  provides rehabilitation or
26        support, or both, for persons who have experienced severe
27        brain injury, who are medically stable, and who no longer
28        require acute rehabilitative care or intense  medical  or
29        nursing  services.   The  average  length  of  stay  in a
30        community-based residential rehabilitation  center  shall
31        not exceed 4 months.  As an integral part of the services
32        provided,  individuals  are housed in a supervised living
33        setting while having immediate access to  the  community.
34        The  residential  rehabilitation center authorized by the
 
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 1        Department may have  more  than  one  residence  included
 2        under  the license.  A residence may be no larger than 12
 3        beds and shall be located as  an  integral  part  of  the
 4        community.   Day  treatment  or individualized outpatient
 5        services shall be provided  for  persons  who  reside  in
 6        their  own  home.   Functional  outcome  goals  shall  be
 7        established for each individual.  Services shall include,
 8        but  are  not  limited  to, case management, training and
 9        assistance  with  activities  of  daily  living,  nursing
10        consultation,    traditional     therapies     (physical,
11        occupational,  speech),  functional  interventions in the
12        residence  and  community   (job   placement,   shopping,
13        banking,    recreation),    counseling,   self-management
14        strategies,   productive   activities,    and    multiple
15        opportunities   for   skill   acquisition   and  practice
16        throughout the day.  The design of individualized program
17        plans shall be consistent with the outcome goals that are
18        established for each resident.  The programs provided  in
19        this  setting  shall  be  accredited by the Commission on
20        Accreditation of Rehabilitation Facilities  (CARF).   The
21        program  shall  have  been  accredited by CARF as a Brain
22        Injury  Community-Integrative  Program  for  at  least  3
23        years.
24             (5)  Alternative   health   care   delivery   model;
25        Alzheimer's disease management  center.   An  Alzheimer's
26        disease management center model is a designated site that
27        provides  a  safe  and secure setting for care of persons
28        diagnosed  with  Alzheimer's  disease.   An   Alzheimer's
29        disease  management  center  model  shall  be  a facility
30        separate  from  any  other  facility  licensed   by   the
31        Department  of Public Health under this or any other Act.
32        An Alzheimer's disease management  center  shall  conduct
33        and  document  an  assessment  of  each  resident every 6
34        months.  The assessment shall include  an  evaluation  of
 
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 1        daily   functioning,   cognitive  status,  other  medical
 2        conditions,  and  behavioral  problems.   An  Alzheimer's
 3        disease management center shall develop and implement  an
 4        ongoing  treatment plan for each resident.  The treatment
 5        plan shall have defined goals.  The  Alzheimer's  disease
 6        management  center  shall  treat  behavioral problems and
 7        mood disorders using nonpharmacologic approaches such  as
 8        environmental   modification,  task  simplification,  and
 9        other  appropriate  activities.  All  staff   must   have
10        necessary  training to care for all stages of Alzheimer's
11        Disease.  An Alzheimer's disease management center  shall
12        provide   education   and   support   for  residents  and
13        caregivers.  The  education  and  support  shall  include
14        referrals   to   support  organizations  for  educational
15        materials on community resources, support  groups,  legal
16        and financial issues, respite care, and future care needs
17        and  options.   The  education  and  support  shall  also
18        include  a  discussion  of  the  resident's  need to make
19        advance directives and to identify surrogates for medical
20        and  legal  decision-making.   The  provisions  of   this
21        paragraph  establish  the  minimum level of services that
22        must be provided by  an  Alzheimer's  disease  management
23        center.   An  Alzheimer's disease management center model
24        shall have no more than 100 residents.  Nothing  in  this
25        paragraph  (5) shall be construed as prohibiting a person
26        or facility from providing services and care  to  persons
27        with  Alzheimer's  disease  as otherwise authorized under
28        State law.
29    (Source: P.A.  91-65,  eff.  7-9-99;  91-357,  eff.  7-29-99;
30    91-838, eff. 6-16-00.)