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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Health Facilities Planning Act is |
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| amended by changing Section 3 as follows:
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| (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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| (Section scheduled to be repealed on July 1, 2006)
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| Sec. 3. Definitions. As used in this Act:
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| "Health care facilities" means and includes
the following |
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| facilities and organizations:
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| 1. An ambulatory surgical treatment center required to |
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| be licensed
pursuant to the Ambulatory Surgical Treatment |
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| Center Act;
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| 2. An institution, place, building, or agency required |
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| to be licensed
pursuant to the Hospital Licensing Act;
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| 3. Skilled and intermediate long term care facilities |
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| licensed under the
Nursing
Home Care Act;
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| 3. Skilled and intermediate long term care facilities |
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| licensed under the
Nursing
Home Care Act;
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| 4. Hospitals, nursing homes, ambulatory surgical |
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| treatment centers, or
kidney disease treatment centers
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| maintained by the State or any department or agency |
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| thereof;
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| 5. Kidney disease treatment centers, including a |
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| free-standing
hemodialysis unit required to be licensed |
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| under the End Stage Renal Disease Facility Act; and
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| 6. An institution, place, building, or room used for |
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| the performance of
outpatient surgical procedures that is |
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| leased, owned, or operated by or on
behalf of an |
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| out-of-state facility.
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| No federally owned facility shall be subject to the |
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| provisions of this
Act, nor facilities used solely for healing |
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LRB094 11173 DRJ 41829 b |
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| by prayer or spiritual means.
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| No facility licensed under the Supportive Residences |
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| Licensing Act or the
Assisted Living and Shared Housing Act
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| shall be subject to the provisions of this Act.
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| A facility designated as a supportive living facility that |
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| is in good
standing with the program
demonstration project
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| established under Section 5-5.01a of
the Illinois Public Aid |
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| Code shall not be subject to the provisions of this
Act.
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| This Act does not apply to facilities granted waivers under |
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| Section 3-102.2
of the Nursing Home Care Act. However, if a |
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| demonstration project under that
Act applies for a certificate
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| of need to convert to a nursing facility, it shall meet the |
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| licensure and
certificate of need requirements in effect as of |
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| the date of application. |
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| This Act does not apply to a dialysis facility that |
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| provides only dialysis training, support, and related services |
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| to individuals with end stage renal disease who have elected to |
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| receive home dialysis. This Act does not apply to a dialysis |
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| unit located in a licensed nursing home that offers or provides |
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| dialysis-related services to residents with end stage renal |
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| disease who have elected to receive home dialysis within the |
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| nursing home. The Board, however, may require these dialysis |
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| facilities and licensed nursing homes to report statistical |
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| information on a quarterly basis to the Board to be used by the |
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| Board to conduct analyses on the need for proposed kidney |
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| disease treatment centers.
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| This Act shall not apply to the closure of an entity or a |
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| portion of an
entity licensed under the Nursing Home Care Act |
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| that elects to convert, in
whole or in part, to an assisted |
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| living or shared housing establishment
licensed under the |
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| Assisted Living and Shared Housing Act.
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| With the exception of those health care facilities |
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| specifically
included in this Section, nothing in this Act |
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| shall be intended to
include facilities operated as a part of |
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| the practice of a physician or
other licensed health care |
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| professional, whether practicing in his
individual capacity or |
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| within the legal structure of any partnership,
medical or |
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| professional corporation, or unincorporated medical or
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| professional group. Further, this Act shall not apply to |
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| physicians or
other licensed health care professional's |
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| practices where such practices
are carried out in a portion of |
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| a health care facility under contract
with such health care |
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| facility by a physician or by other licensed
health care |
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| professionals, whether practicing in his individual capacity
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| or within the legal structure of any partnership, medical or
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| professional corporation, or unincorporated medical or |
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| professional
groups. This Act shall apply to construction or
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| modification and to establishment by such health care facility |
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| of such
contracted portion which is subject to facility |
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| licensing requirements,
irrespective of the party responsible |
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| for such action or attendant
financial obligation.
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| "Person" means any one or more natural persons, legal |
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| entities,
governmental bodies other than federal, or any |
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| combination thereof.
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| "Consumer" means any person other than a person (a) whose |
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| major
occupation currently involves or whose official capacity |
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| within the last
12 months has involved the providing, |
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| administering or financing of any
type of health care facility, |
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| (b) who is engaged in health research or
the teaching of |
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| health, (c) who has a material financial interest in any
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| activity which involves the providing, administering or |
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| financing of any
type of health care facility, or (d) who is or |
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| ever has been a member of
the immediate family of the person |
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| defined by (a), (b), or (c).
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| "State Board" means the Health Facilities Planning Board.
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| "Construction or modification" means the establishment, |
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| erection,
building, alteration, reconstruction, modernization, |
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| improvement,
extension, discontinuation, change of ownership, |
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| of or by a health care
facility, or the purchase or acquisition |
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| by or through a health care facility
of
equipment or service |
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| for diagnostic or therapeutic purposes or for
facility |
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| administration or operation, or any capital expenditure made by
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| or on behalf of a health care facility which
exceeds the |
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| capital expenditure minimum; however, any capital expenditure
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| made by or on behalf of a health care facility for (i) the |
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| construction or
modification of a facility licensed under the |
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| Assisted Living and Shared
Housing Act or (ii) a conversion |
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| project undertaken in accordance with Section 30 of the Older |
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| Adult Services Act shall be excluded from any obligations under |
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| this Act.
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| "Establish" means the construction of a health care |
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| facility or the
replacement of an existing facility on another |
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| site.
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| "Major medical equipment" means medical equipment which is |
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| used for the
provision of medical and other health services and |
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| which costs in excess
of the capital expenditure minimum, |
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| except that such term does not include
medical equipment |
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| acquired
by or on behalf of a clinical laboratory to provide |
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| clinical laboratory
services if the clinical laboratory is |
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| independent of a physician's office
and a hospital and it has |
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| been determined under Title XVIII of the Social
Security Act to |
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| meet the requirements of paragraphs (10) and (11) of Section
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| 1861(s) of such Act. In determining whether medical equipment |
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| has a value
in excess of the capital expenditure minimum, the |
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| value of studies, surveys,
designs, plans, working drawings, |
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| specifications, and other activities
essential to the |
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| acquisition of such equipment shall be included.
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| "Capital Expenditure" means an expenditure: (A) made by or |
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| on behalf of
a health care facility (as such a facility is |
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| defined in this Act); and
(B) which under generally accepted |
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| accounting principles is not properly
chargeable as an expense |
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| of operation and maintenance, or is made to obtain
by lease or |
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| comparable arrangement any facility or part thereof or any
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| equipment for a facility or part; and which exceeds the capital |
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| expenditure
minimum.
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| For the purpose of this paragraph, the cost of any studies, |
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| surveys, designs,
plans, working drawings, specifications, and |
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| other activities essential
to the acquisition, improvement, |
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LRB094 11173 DRJ 41829 b |
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| expansion, or replacement of any plant
or equipment with |
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| respect to which an expenditure is made shall be included
in |
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| determining if such expenditure exceeds the capital |
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| expenditures minimum.
Donations of equipment
or facilities to a |
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| health care facility which if acquired directly by such
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| facility would be subject to review under this Act shall be |
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| considered capital
expenditures, and a transfer of equipment or |
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| facilities for less than fair
market value shall be considered |
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| a capital expenditure for purposes of this
Act if a transfer of |
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| the equipment or facilities at fair market value would
be |
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| subject to review.
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| "Capital expenditure minimum" means $6,000,000, which |
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| shall be annually
adjusted to reflect the increase in |
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| construction costs due to inflation, for major medical |
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| equipment and for all other
capital expenditures; provided, |
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| however, that when a capital expenditure is
for the |
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| construction or modification of a health and fitness center, |
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| "capital
expenditure minimum" means the capital expenditure |
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| minimum for all other
capital expenditures in effect on March |
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| 1, 2000, which shall be annually
adjusted to reflect the |
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| increase in construction costs due to inflation.
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| "Non-clinical service area" means an area (i) for the |
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| benefit of the
patients, visitors, staff, or employees of a |
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| health care facility and (ii) not
directly related to the |
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| diagnosis, treatment, or rehabilitation of persons
receiving |
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| services from the health care facility. "Non-clinical service |
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| areas"
include, but are not limited to, chapels; gift shops; |
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| news stands; computer
systems; tunnels, walkways, and |
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| elevators; telephone systems; projects to
comply with life |
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| safety codes; educational facilities; student housing;
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| patient, employee, staff, and visitor dining areas; |
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| administration and
volunteer offices; modernization of |
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| structural components (such as roof
replacement and masonry |
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| work); boiler repair or replacement; vehicle
maintenance and |
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| storage facilities; parking facilities; mechanical systems for
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| heating, ventilation, and air conditioning; loading docks; and |
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LRB094 11173 DRJ 41829 b |
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| repair or
replacement of carpeting, tile, wall coverings, |
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| window coverings or treatments,
or furniture. Solely for the |
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| purpose of this definition, "non-clinical service
area" does |
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| not include health and fitness centers.
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| "Areawide" means a major area of the State delineated on a
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| geographic, demographic, and functional basis for health |
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| planning and
for health service and having within it one or |
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| more local areas for
health planning and health service. The |
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| term "region", as contrasted
with the term "subregion", and the |
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| word "area" may be used synonymously
with the term "areawide".
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| "Local" means a subarea of a delineated major area that on |
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| a
geographic, demographic, and functional basis may be |
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| considered to be
part of such major area. The term "subregion" |
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| may be used synonymously
with the term "local".
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| "Areawide health planning organization" or "Comprehensive |
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| health
planning organization" means the health systems agency |
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| designated by the
Secretary, Department of Health and Human |
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| Services or any successor agency.
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| "Local health planning organization" means those local |
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| health
planning organizations that are designated as such by |
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| the areawide
health planning organization of the appropriate |
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| area.
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| "Physician" means a person licensed to practice in |
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| accordance with
the Medical Practice Act of 1987, as amended.
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| "Licensed health care professional" means a person |
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| licensed to
practice a health profession under pertinent |
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| licensing statutes of the
State of Illinois.
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| "Director" means the Director of the Illinois Department of |
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| Public Health.
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| "Agency" means the Illinois Department of Public Health.
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| "Comprehensive health planning" means health planning |
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| concerned with
the total population and all health and |
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| associated problems that affect
the well-being of people and |
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| that encompasses health services, health
manpower, and health |
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| facilities; and the coordination among these and
with those |
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| social, economic, and environmental factors that affect |
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| health.
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| "Alternative health care model" means a facility or program |
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| authorized
under the Alternative Health Care Delivery Act.
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| "Out-of-state facility" means a person that is both (i) |
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| licensed as a
hospital or as an ambulatory surgery center under |
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| the laws of another state
or that
qualifies as a hospital or an |
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| ambulatory surgery center under regulations
adopted pursuant |
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| to the Social Security Act and (ii) not licensed under the
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| Ambulatory Surgical Treatment Center Act, the Hospital |
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| Licensing Act, or the
Nursing Home Care Act. Affiliates of |
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| out-of-state facilities shall be
considered out-of-state |
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| facilities. Affiliates of Illinois licensed health
care |
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| facilities 100% owned by an Illinois licensed health care |
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| facility, its
parent, or Illinois physicians licensed to |
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| practice medicine in all its
branches shall not be considered |
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| out-of-state facilities. Nothing in
this definition shall be
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| construed to include an office or any part of an office of a |
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| physician licensed
to practice medicine in all its branches in |
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| Illinois that is not required to be
licensed under the |
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| Ambulatory Surgical Treatment Center Act.
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| "Change of ownership of a health care facility" means a |
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| change in the
person
who has ownership or
control of a health |
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| care facility's physical plant and capital assets. A change
in |
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| ownership is indicated by
the following transactions: sale, |
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| transfer, acquisition, lease, change of
sponsorship, or other |
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| means of
transferring control.
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| "Related person" means any person that: (i) is at least 50% |
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| owned, directly
or indirectly, by
either the health care |
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| facility or a person owning, directly or indirectly, at
least |
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| 50% of the health
care facility; or (ii) owns, directly or |
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| indirectly, at least 50% of the
health care facility.
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| "Charity care" means care provided by a health care |
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| facility for which the provider does not expect to receive |
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| payment from the patient or a third-party payer. |
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| (Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; |
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| 93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; revised 10-25-04.)
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LRB094 11173 DRJ 41829 b |
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| Section 10. The Nursing Home Care Act is amended by |
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| changing Section 1-113 as follows:
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| (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
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| Sec. 1-113. "Facility" or "long-term care facility" means a |
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| private home,
institution, building, residence, or any other |
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| place, whether operated for
profit or not, or a county home for |
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| the infirm and chronically ill operated
pursuant to Division |
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| 5-21 or 5-22 of the Counties Code, or any similar
institution |
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| operated by a political subdivision of the State of Illinois, |
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| which
provides, through its ownership or management, personal |
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| care, sheltered care or
nursing for 3 or more persons, not |
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| related to the applicant or owner by blood
or marriage. It |
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| includes skilled nursing facilities and intermediate care
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| facilities as those terms are defined in Title XVIII and Title |
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| XIX of the
Federal Social Security Act.
It also includes homes, |
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| institutions, or
other places operated by or under the |
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| authority of the Illinois Department of
Veterans' Affairs.
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| "Facility" does not include the following:
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| (1) A home, institution, or other place operated by the |
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| federal government
or agency thereof, or by the State of |
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| Illinois, other than homes,
institutions, or other places |
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| operated by or under the authority of the
Illinois Department |
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| of Veterans' Affairs;
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| (2) A hospital, sanitarium, or other institution whose |
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| principal activity
or business is the diagnosis, care, and |
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| treatment of human illness through
the maintenance and |
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| operation as organized facilities therefor, which is
required |
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| to be licensed under the Hospital Licensing Act;
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| (3) Any "facility for child care" as defined in the Child |
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| Care Act of
1969;
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| (4) Any "Community Living Facility" as defined in the |
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| Community Living
Facilities Licensing Act;
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| (5) Any "community residential alternative" as defined
in |
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| the Community Residential Alternatives Licensing Act;
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LRB094 11173 DRJ 41829 b |
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| (6) Any nursing home or sanatorium operated solely by and |
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| for persons
who rely exclusively upon treatment by spiritual |
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| means through prayer, in
accordance with the creed or tenets of |
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| any well-recognized church or
religious denomination. However, |
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| such nursing home or sanatorium shall
comply with all local |
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| laws and rules relating to sanitation and safety;
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| (7) Any facility licensed by the Department of Human |
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| Services as a
community-integrated living arrangement as
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| defined in the Community-Integrated Living Arrangements |
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| Licensure and
Certification Act;
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| (8) Any "Supportive Residence" licensed under the |
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| Supportive
Residences Licensing Act;
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| (9) Any "supportive living facility" in good standing with |
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| the program
demonstration
project established under Section |
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| 5-5.01a of the Illinois Public Aid Code;
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| (10) Any assisted living or shared housing establishment |
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| licensed under
the Assisted Living and Shared Housing Act; or
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| (11) An Alzheimer's disease management center alternative |
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| health care
model licensed under the Alternative Health Care |
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| Delivery Act.
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| (Source: P.A. 90-14, eff. 7-1-97; 90-763, eff. 8-14-98; 91-656, |
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| eff.
1-1-01; 91-838, eff. 6-16-00.)
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| Section 15. The Illinois Public Aid Code is amended by |
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| changing Section 5-5.01a as follows:
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| (305 ILCS 5/5-5.01a)
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| Sec. 5-5.01a. Supportive living facilities program
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| demonstration project . The
For the purpose of studying |
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| alternative settings for long term care, the
Department shall
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| may establish and provide oversight for a program
demonstration |
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| project to
determine the viability of supportive living |
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| facilities that seek to promote
resident independence, |
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| dignity, respect, and well-being in the most
cost-effective |
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| manner.
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| A supportive living facility is either a free-standing |
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| facility or a distinct
physical and operational entity within a |
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| nursing facility. A supportive
living facility integrates |
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| housing with health, personal care, and supportive
services and |
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| is a designated setting that offers residents their own
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| separate, private, and distinct living units.
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| Sites for the operation of the program
Demonstration sites
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| shall be selected by the Department based upon criteria
that |
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| may include the need for services in a geographic area, the
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| availability of funding, and the site's ability to meet the |
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| standards.
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| The Department may adopt rules to implement this Section. |
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| Rules that
establish or modify the services, standards, and |
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| conditions for participation
in the program
demonstration |
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| project shall be adopted by the Department in consultation
with |
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| the Department on Aging, the Department of Rehabilitation |
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| Services, and
the Department of Mental Health and Developmental |
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| Disabilities (or their
successor agencies).
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| Facilities or distinct parts of facilities which are |
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| selected as supportive
living facilities and are in good |
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| standing with the Department's rules are
exempt from the |
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| provisions of the Nursing Home Care Act and the Illinois Health
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| Facilities Planning Act.
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| (Source: P.A. 89-499, eff. 6-28-96.)
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| Section 20. The Older Adult Services Act is amended by |
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| changing Section 20 as follows: |
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| (320 ILCS 42/20)
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| Sec. 20. Priority service areas; service expansion. |
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| (a) The requirements of this Section are subject to the |
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| availability of funding. |
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| (b) The Department shall expand older adult services that |
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| promote independence and permit older adults to remain in their |
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| own homes and communities. Priority shall be given to both the |
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| expansion of services and the development of new services in |
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| priority service areas. |
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| (c) Inventory of services. The Department shall develop and |
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| maintain an inventory and assessment of (i) the types and |
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| quantities of public older adult services and, to the extent |
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| possible, privately provided older adult services, including |
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| the unduplicated count, location, and characteristics of |
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| individuals served by each facility, program, or service and |
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| (ii) the resources supporting those services. |
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| (d) Priority service areas. The Departments shall assess |
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| the current and projected need for older adult services |
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| throughout the State, analyze the results of the inventory, and |
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| identify priority service areas, which shall serve as the basis |
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| for a priority service plan to be filed with the Governor and |
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| the General Assembly no later than July 1, 2006, and every 5 |
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| years thereafter. |
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| (e) Moneys appropriated by the General Assembly for the |
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| purpose of this Section, receipts from donations, grants, fees, |
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| or taxes that may accrue from any public or private sources to |
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| the Department for the purpose of this Section, and savings |
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| attributable to the nursing home conversion program as |
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| calculated in subsection (h) shall be deposited into the |
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| Department on Aging State Projects Fund. Interest earned by |
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| those moneys in the Fund shall be credited to the Fund. |
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| (f) Moneys described in subsection (e) from the Department |
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| on Aging State Projects Fund shall be used for older adult |
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| services, regardless of where the older adult receives the |
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| service, with priority given to both the expansion of services |
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| and the development of new services in priority service areas. |
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| Fundable services shall include: |
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| (1) Housing, health services, and supportive services: |
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| (A) adult day care; |
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| (B) adult day care for persons with Alzheimer's |
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| disease and related disorders; |
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| (C) activities of daily living; |
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| (D) care-related supplies and equipment; |
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| (E) case management; |
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| (F) community reintegration; |
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| (G) companion; |
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| (H) congregate meals; |
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| (I) counseling and education; |
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| (J) elder abuse prevention and intervention; |
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| (K) emergency response and monitoring; |
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| (L) environmental modifications; |
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| (M) family caregiver support; |
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| (N) financial; |
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| (O) home delivered meals;
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| (P) homemaker; |
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| (Q) home health; |
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| (R) hospice; |
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| (S) laundry; |
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| (T) long-term care ombudsman; |
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| (U) medication reminders;
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| (V) money management; |
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| (W) nutrition services;
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| (X) personal care; |
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| (Y) respite care; |
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| (Z) residential care; |
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| (AA) senior benefits outreach; |
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| (BB) senior centers; |
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| (CC) services provided under the Assisted Living |
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| and Shared Housing Act, or sheltered care services that |
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| meet the requirements of the Assisted Living and Shared |
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| Housing Act, or services provided under Section |
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| 5-5.01a of the Illinois Public Aid Code (the Supportive |
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| Living Facilities Pilot Program); |
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| (DD) telemedicine devices to monitor recipients in |
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| their own homes as an alternative to hospital care, |
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| nursing home care, or home visits; |
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| (EE) training for direct family caregivers; |
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| (FF) transition; |
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| (GG) transportation; |
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| (HH) wellness and fitness programs; and |
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| (II) other programs designed to assist older |
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LRB094 11173 DRJ 41829 b |
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| adults in Illinois to remain independent and receive |
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| services in the most integrated residential setting |
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| possible for that person. |
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| (2) Older Adult Services Demonstration Grants, |
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| pursuant to subsection (g) of this Section. |
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| (g) Older Adult Services Demonstration Grants. The |
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| Department shall establish a program of demonstration grants to |
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| assist in the restructuring of the delivery system for older |
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| adult services and provide funding for innovative service |
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| delivery models and system change and integration initiatives. |
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| The Department shall prescribe, by rule, the grant application |
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| process. At a minimum, every application must include: |
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| (1) The type of grant sought; |
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| (2) A description of the project; |
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| (3) The objective of the project; |
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| (4) The likelihood of the project meeting identified |
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| needs; |
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| (5) The plan for financing, administration, and |
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| evaluation of the project; |
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| (6) The timetable for implementation; |
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| (7) The roles and capabilities of responsible |
22 |
| individuals and organizations; |
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| (8) Documentation of collaboration with other service |
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| providers, local community government leaders, and other |
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| stakeholders, other providers, and any other stakeholders |
26 |
| in the community; |
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| (9) Documentation of community support for the |
28 |
| project, including support by other service providers, |
29 |
| local community government leaders, and other |
30 |
| stakeholders;
|
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| (10) The total budget for the project; |
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| (11) The financial condition of the applicant; and |
33 |
| (12) Any other application requirements that may be |
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| established by the Department by rule. |
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| Each project may include provisions for a designated staff |
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| person who is responsible for the development of the project |
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| and recruitment of providers. |
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| Projects may include, but are not limited to: adult family |
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| foster care; family adult day care; assisted living in a |
4 |
| supervised apartment; personal services in a subsidized |
5 |
| housing project; evening and weekend home care coverage; small |
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| incentive grants to attract new providers; money following the |
7 |
| person; cash and counseling; managed long-term care; and at |
8 |
| least one respite care project that establishes a local |
9 |
| coordinated network of volunteer and paid respite workers, |
10 |
| coordinates assignment of respite workers to caregivers and |
11 |
| older adults, ensures the health and safety of the older adult, |
12 |
| provides training for caregivers, and ensures that support |
13 |
| groups are available in the community. |
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| A demonstration project funded in whole or in part by an |
15 |
| Older Adult Services Demonstration Grant is exempt from the |
16 |
| requirements of the Illinois Health Facilities Planning Act. To |
17 |
| the extent applicable, however, for the purpose of maintaining |
18 |
| the statewide inventory authorized by the Illinois Health |
19 |
| Facilities Planning Act, the Department shall send to the |
20 |
| Health Facilities Planning Board a copy of each grant award |
21 |
| made under this subsection (g). |
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| The Department, in collaboration with the Departments of |
23 |
| Public Health and Public Aid, shall evaluate the effectiveness |
24 |
| of the projects receiving grants under this Section. |
25 |
| (h) No later than July 1 of each year, the Department of |
26 |
| Public Health shall provide information to the Department of |
27 |
| Public Aid to enable the Department of Public Aid to annually |
28 |
| document and verify the savings attributable to the nursing |
29 |
| home conversion program for the previous fiscal year to |
30 |
| estimate an annual amount of such savings that may be |
31 |
| appropriated to the Department on Aging State Projects Fund and |
32 |
| notify the General Assembly, the Department on Aging, the |
33 |
| Department of Human Services, and the Advisory Committee of the |
34 |
| savings no later than October 1 of the same fiscal year.
|
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| (Source: P.A. 93-1031, eff. 8-27-04.)
|