Public Act 096-0596
 		





HB3878 Enrolled
LRB096 08362 DRJ 18472 b






    AN ACT concerning State government.

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


 
    Section 5. The Department of Public Health Powers and 
Duties Law of the
Civil Administrative Code of Illinois is 
amended  by adding Section 2310-67 as follows:
 
    (20 ILCS 2310/2310-67  new)
    Sec. 2310-67. Health care facility closure.
    (a) In this Section:
    "Closing" means ceasing all operations under an existing 
facility license that results in patients no longer being 
treated at the closed location. The term "closing" does not 
include a situation where a facility ceases operations at one 
location while contemporaneously establishing a replacement 
facility in another location.
    "Health care facility" or "facility" means a public or 
private hospital, ambulatory surgical treatment center, 
nursing home, or kidney disease treatment center.
    (b) A hospital must provide a written pre-closing statement 
to the Department no less than 90 days before permanently 
closing its facility. A health care facility other than a 
hospital must provide a written pre-closing statement to the 
Department no less than 90 days before permanently closing its 
facility. The statement must address all of the following:
        (1) Whether arrangements have been made for the timely 
    transfer of patient records, regardless of format, to 
    another health care facility, or another secure facility. 
    The name of the new location shall be published on the 
    Department's website.
        (2) Whether an agreement with the  facility receiving 
    the  patient records has been made that provides for the 
    following:
            (A) Safe storage of patient records.
            (B) Privacy of patient record information.
            (C) Availability of patient records for release to 
        individuals lawfully authorized to receive them.
            (D) Periodic destruction of patient records for 
        which the statutory retention period has expired.
        (3) Whether the health care facility has arranged to 
    provide notice to the public, at least 30 days before 
    closing, of the planned closing of the facility. The notice 
    must include an explanation of how to obtain copies of the 
    patient records for those authorized to access those 
    records. Notice may be given by publication in a newspaper 
    of general circulation in the area in which the health care 
    facility is located.
        (4) In the case of a hospital, whether arrangements 
    have been made for (i) the timely transfer of medical staff 
    credentialing files and (ii) notification to physicians on 
    the hospital's staff of the location of those files.
        (5) Whether arrangements have been made for the 
    transfer or disposal of hazardous and other waste, if any, 
    in accordance with the Radiation Protection Act, the 
    Environmental Protection Act, and other applicable laws 
    and regulations.
        (6) Whether arrangements have been made for the 
    disposition of legend drugs, if any, in accordance with the 
    Pharmacy Practice Act and other applicable laws and 
    regulations.
        (7) Whether arrangements have been made for securing 
    the health care facility building or buildings and 
    remaining medical equipment, if any.
        (8) The intended date upon which business will cease.
    (b) The Department shall require a closed health care 
facility, or its designee, to provide to the Department a 
written post-closing statement that (i) describes the 
completion of, and any changes to, the plan of closure set 
forth in the facility's pre-closing statement and (ii) states 
the actual date on which business ceased. The Department may 
verify that the arrangements or other provisions of the plan of 
closure have been implemented and shall notify appropriate 
State and federal authorities of the closure to ensure 
compliance with other applicable laws and regulations. 
 

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






Effective Date:  8/18/2009