Full Text of SB0731 96th General Assembly
SB0731eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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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 State Finance Act is amended by adding | 5 |
| Section 5.756 as follows: | 6 |
| (30 ILCS 105/5.756 new) | 7 |
| Sec. 5.756. The Hospital Licensure Fund. | 8 |
| Section 10. The Hospital Licensing Act is amended by | 9 |
| changing Sections 5 and 6 and by adding Section 14.5 as | 10 |
| follows:
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| (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
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| Sec. 5.
(a) An application for a permit to establish a | 13 |
| hospital shall be
made to the Department upon forms provided by | 14 |
| it. This application shall
contain such information as the | 15 |
| Department reasonably requires, which shall
include | 16 |
| affirmative evidence on which the Director may make the | 17 |
| findings
required under Section 6a of this Act.
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| (b) An application for a license to open, conduct, operate, | 19 |
| and maintain
a hospital shall be made to the Department upon | 20 |
| forms provided by it , accompanied by a license fee of $30 per | 21 |
| bed, provided that a lesser amount may be established by |
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| administrative rule of the Department, if the Department, in | 2 |
| consultation with the Department of Healthcare and Family | 3 |
| Services, determines that $30 per bed would exceed the | 4 |
| limitations on health care-related taxes imposed by 42 U.S.C. | 5 |
| 1396b(w) that, if violated, would result in reductions to the | 6 |
| amount of federal financial participation received by the State | 7 |
| for Medicaid expenditures, and
shall contain such information | 8 |
| as the Department reasonably requires, which
may include | 9 |
| affirmative evidence of ability to comply with the provisions
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| of this Act and the standards, rules, and regulations, | 11 |
| promulgated by
virtue thereof.
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| (c) All applications required under this Section shall be | 13 |
| signed by the
applicant and shall be verified. Applications on | 14 |
| behalf of a corporation or
association or a governmental unit | 15 |
| or agency shall be made and verified by
any two officers | 16 |
| thereof.
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| (Source: Laws 1965, p. 2350.)
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| (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
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| Sec. 6.
(a) Upon receipt of an application for a permit to | 20 |
| establish
a hospital the Director shall issue a permit if he | 21 |
| finds (1) that the
applicant is fit, willing, and able to | 22 |
| provide a proper standard of
hospital service for the community | 23 |
| with particular regard to the
qualification, background, and | 24 |
| character of the applicant, (2) that the
financial resources | 25 |
| available to the applicant demonstrate an ability to
construct, |
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| maintain, and operate a hospital in accordance with the
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| standards, rules, and regulations adopted pursuant to this Act, | 3 |
| and (3)
that safeguards are provided which assure hospital | 4 |
| operation and
maintenance consistent with the public interest | 5 |
| having particular regard
to safe, adequate, and efficient | 6 |
| hospital facilities and services.
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| The Director may request the cooperation of county and
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| multiple-county health departments, municipal boards of | 9 |
| health, and
other governmental and non-governmental agencies | 10 |
| in obtaining
information and in conducting investigations | 11 |
| relating to such
applications.
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| A permit to establish a hospital shall be valid only for | 13 |
| the premises
and person named in the application for such | 14 |
| permit and shall not be
transferable or assignable.
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| In the event the Director issues a permit to establish a | 16 |
| hospital the
applicant shall thereafter submit plans and | 17 |
| specifications to the
Department in accordance with Section 8 | 18 |
| of this Act.
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| (b) Upon receipt of an application for license to open, | 20 |
| conduct,
operate, and maintain a hospital, the Director shall | 21 |
| issue a license if
he finds the applicant and the hospital | 22 |
| facilities comply with
standards, rules, and regulations | 23 |
| promulgated under this Act. A license,
unless sooner suspended | 24 |
| or revoked, shall be renewable annually upon
approval by the | 25 |
| Department and payment of a license fee as established pursuant | 26 |
| to Section 5 of this Act . Each license shall be issued only for |
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| the
premises and persons named in the application and shall not | 2 |
| be
transferable or assignable. Licenses shall be posted in a | 3 |
| conspicuous
place on the licensed premises. The Department may, | 4 |
| either before or
after the issuance of a license, request the | 5 |
| cooperation of the State Fire
Marshal, county
and multiple | 6 |
| county health departments, or municipal boards of health to
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| make investigations to determine if the applicant or licensee | 8 |
| is
complying with the minimum standards prescribed by the | 9 |
| Department. The
report and recommendations of any such agency | 10 |
| shall be in writing and
shall state with particularity its | 11 |
| findings with respect to compliance
or noncompliance with such | 12 |
| minimum standards, rules, and regulations.
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| The Director may issue a provisional license to any | 14 |
| hospital which
does not substantially comply with the | 15 |
| provisions of this Act and the
standards, rules, and | 16 |
| regulations promulgated by virtue thereof provided
that he | 17 |
| finds that such hospital has undertaken changes and corrections
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| which upon completion will render the hospital in substantial | 19 |
| compliance
with the provisions of this Act, and the standards, | 20 |
| rules, and
regulations adopted hereunder, and provided that the | 21 |
| health and safety
of the patients of the hospital will be | 22 |
| protected during the period for
which such provisional license | 23 |
| is issued. The Director shall advise the
licensee of the | 24 |
| conditions under which such provisional license is
issued, | 25 |
| including the manner in which the hospital facilities fail to
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| comply with the provisions of the Act, standards, rules, and
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| regulations, and the time within which the changes and | 2 |
| corrections
necessary for such hospital facilities to | 3 |
| substantially comply with this
Act, and the standards, rules, | 4 |
| and regulations of the Department
relating thereto shall be | 5 |
| completed.
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| (Source: P.A. 80-56.)
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| (210 ILCS 85/14.5 new) | 8 |
| Sec. 14.5. Hospital Licensure Fund. The Department shall | 9 |
| deposit all fees and fines collected in relation to the | 10 |
| licensure of hospitals into the Hospital Licensure Fund, a | 11 |
| special fund created in the State treasury, for the purpose of | 12 |
| providing programs, information, or assistance designed to | 13 |
| improve patient safety and quality in hospitals. | 14 |
| Notwithstanding any other provision of law, the monies | 15 |
| deposited into the Hospital Licensure Fund shall not be subject | 16 |
| to transfer to other funds held by the State or used by the | 17 |
| Department for any purposes other than those specified under | 18 |
| this Section.
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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