SB0243 95TH GENERAL ASSEMBLY

LRB095 04622 DRJ 24679 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0243

Introduced 2/7/2007, by Sen. Carol Ronen

SYNOPSIS AS INTRODUCED:

210 ILCS 5/6

from Ch. 111 1/2, par. 157-8.6

Amends the Ambulatory Surgical Treatment Center Act. Provides that on and after the effective date of this amendatory Act, no license shall be granted or renewed under the Ambulatory Surgical Treatment Center Act until the applicant seeking the license submits to the Department of Public Health, and the Department approves, a plan for the service of medically underserved populations that details for each of the facility's next 5 years of operation (i) the proportion of its total projected patients in the categories of indigent and Medicaid recipients and (ii) how the facility will serve those patients. Requires the Department to adopt rules for implementing the requirement of a plan for the service of medically underserved populations, including the development of appropriate minimum proportions of facility patients in the categories of indigent and Medicaid recipients. Effective immediately.

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 Ambulatory Surgical Treatment Center Act is amended by changing Section 6 as follows:

(210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)

Sec. 6. Upon receipt of an application for a license, the Director may deny the application for any of the following reasons:

(1) Conviction of the applicant, or if the applicant is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, as shown by a certified copy of the record of the court of conviction, or, in the case of the conviction of a misdemeanor by a court not of record, as shown by other evidence, if the Director determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust; or other satisfactory evidence that the moral character of the applicant, or manager, or supervisor of the facility is not reputable;

(2) The licensure status or record of the applicant, or if the applicant is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of the person designated to manage or supervise the facility, from any other state where the applicant has done business in a similar capacity indicates that granting a license to the applicant would be detrimental to the interests of the public; or

(3) The applicant has insufficient financial or other resources to operate and conduct the facility in accordance with the requirements of this Act and the minimum standards, rules and regulations promulgated thereunder.

The Director shall only issue a license if he finds that the applicant facility complies with this Act and the rules, regulations and standards promulgated pursuant thereto and:

(a) is under the medical supervision of one or more physicians;

(b) permits a surgical procedure to be performed only by a physician, podiatrist or dentist who at the time is privileged to have his patients admitted by himself or an associated physician and is himself privileged to perform surgical procedures in at least one Illinois hospital; and

(c) maintains adequate medical records for each patient.

A license, unless sooner suspended or revoked, shall be renewable annually upon approval by the Department and payment of a license fee of $300. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. The licenses shall be posted in a conspicuous place on the licensed premises. A placard or registry of all physicians on staff in the facility shall be centrally located and available for inspection to any interested person. The Department may, either before or after the issuance of a license, request the cooperation of the State Fire Marshal. The report and recommendations of this agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards, rules and regulations.

On and after the effective date of this amendatory Act of the 95th General Assembly, no license shall be granted or renewed until the applicant seeking the license submits to the Department, and the Department approves, a plan for the service of medically underserved populations that details for each of the facility's next 5 years of operation (i) the proportion of its total projected patients in the categories of indigent and Medicaid recipients and (ii) how the facility will serve those patients. The Department shall adopt rules for implementing the requirement of a plan for the service of medically underserved populations, including the development of appropriate minimum proportions of facility patients in the categories of indigent and Medicaid recipients.

The Director may issue a provisional license to any ambulatory surgical treatment center which does not substantially comply with the provisions of this Act and the standards, rules and regulations promulgated by virtue thereof provided that he finds that such ambulatory surgical treatment center will undertake changes and corrections which upon completion will render the ambulatory surgical treatment center in substantial compliance with the provisions of this Act, and the standards, rules and regulations adopted hereunder, and provided that the health and safety of the patients of the ambulatory surgical treatment center will be protected during the period for which such provisional license is issued. The Director shall advise the licensee of the conditions under which such provisional license is issued, including the manner in which the facilities fail to comply with the provisions of the Act, standards, rules and regulations, and the time within which the changes and corrections necessary for such ambulatory surgical treatment center to substantially comply with this Act, and the standards, rules and regulations of the Department relating thereto shall be completed.

A person or facility not licensed under this Act or the Hospital Licensing Act shall not hold itself out to the public as a "surgery center" or as a "center for surgery".

(Source: P.A. 88-490.)

Section 99. Effective date. This Act takes effect upon becoming law.