SB1916 98TH GENERAL ASSEMBLY

LRB098 09648 DRJ 39794 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1916

Introduced 2/15/2013, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-102.05 new
210 ILCS 85/4.8 new

Amends the Nursing Home Care Act and the Hospital Licensing Act. Provides that a long-term care facility licensee may apply to the Department of Public Health for approval to conduct its operations in whole or in part at a building already licensed as a hospital under the Hospital Licensing Act (the "host hospital"). Provides that the long-term care facility licensee and the host hospital shall be jointly responsible for long-term care facility licensing requirements relating to design and construction, engineering and maintenance of the physical plan, waste disposal, and fire safety. Adds requirements concerning signage and notification of the public and patients. Requires the long-term care facility licensee and the host hospital to submit to the Department a comprehensive plan describing their services and operations. Provides that nothing in these provisions relieves a long-term care facility licensee or a hospital from the requirements in the Illinois Health Facilities Planning Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Nursing Home Care Act is amended by adding Section 3-102.05 as follows:

(210 ILCS 45/3-102.05 new)

Sec. 3-102.05. Long-term care facility and hospital in same building.

(a) A licensee under this Act may apply to the Department for approval to conduct its operations in whole or in part at a building already licensed as a hospital under the Hospital Licensing Act (hereinafter, the "host hospital"). The operations shall be limited to personal care, sheltered care, or nursing. The licensee's application shall be supported by information that its operations at the host hospital will provide access to necessary services for the region that the host hospital does not provide.

(b) The portion of the building operated by the licensee at the host hospital shall be leased in part and operated by a single corporation or other legal entity serving as the licensee and shall have:

(1) A single board of directors with the responsibility for governance, including financial oversight and authority to designate or remove the chief executive officer.

(2) A single chief executive officer, accountable to the board of directors of the licensee, with management responsibility for the licensee's operations at the host hospital site.

The licensee and the host hospital shall be jointly responsible for long-term care facility licensing requirements relating to design and construction, engineering and maintenance of the physical plan, waste disposal, and fire safety.

(c) The licensee and host hospital shall notify the public and patients through general signage and written notification provided upon admission that services are provided at the host hospital site by 2 separately licensed entities. The signage shall specify which services are provided by the host hospital or the licensee or both.

(d) The licensee and host hospital shall submit to the Department a comprehensive plan describing the services and operations of the licensee and the host hospital, and how common services or operations will be coordinated between the licensee and the host hospital.

(e) Nothing in this Section relieves a licensee or a hospital from the requirements in the Illinois Health Facilities Planning Act to which they are subject.

Section 10. The Hospital Licensing Act is amended by adding Section 4.8 as follows:

(210 ILCS 85/4.8 new)

Sec. 4.8. Long-term care facility and hospital in same building. Nothing in this Act shall be construed to prohibit the operation, in accordance with Section 3-102.05 of the Nursing Home Care Act, of a long-term care facility in the same building as a hospital (the "host hospital") licensed under this Act. The host hospital shall comply with the requirements of that Section.