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Public Act 096-0812 |
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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 Alternative Health Care Delivery Act is | ||||
amended by changing Section 30 as follows:
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(210 ILCS 3/30)
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Sec. 30. Demonstration program requirements. The | ||||
requirements set forth in
this Section shall apply to | ||||
demonstration programs.
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(a) There shall be no more than:
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(i) 3 subacute care hospital alternative health care | ||||
models in the City of
Chicago (one of which shall be | ||||
located on a designated site and shall have been
licensed | ||||
as a hospital under the Illinois Hospital Licensing Act | ||||
within the 10
years immediately before the application for | ||||
a license);
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(ii) 2 subacute care hospital alternative health care | ||||
models in the
demonstration program for each of the | ||||
following areas:
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(1) Cook County outside the City of Chicago.
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(2) DuPage, Kane, Lake, McHenry, and Will | ||||
Counties.
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(3) Municipalities with a population greater than |
50,000 not
located in the areas described in item (i) | ||
of subsection (a) and paragraphs
(1) and (2) of item | ||
(ii) of subsection (a); and
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(iii) 4 subacute care hospital alternative health care
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models in the demonstration program for rural areas.
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In selecting among applicants for these
licenses in rural | ||
areas, the Health Facilities Planning Board and the
Department | ||
shall give preference to hospitals that may be unable for | ||
economic
reasons to provide continued service to the community | ||
in which they are located
unless the hospital were to receive | ||
an alternative health care model license.
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(a-5) There shall be no more than a total of 12 | ||
postsurgical
recovery care
center alternative health care | ||
models in the demonstration program, located as
follows:
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(1) Two in the City of Chicago.
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(2) Two in Cook County outside the City of Chicago. At | ||
least
one of these shall be owned or operated by a hospital | ||
devoted exclusively to
caring for children.
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(3) Two in Kane, Lake, and McHenry Counties.
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(4) Four in municipalities with a population of 50,000 | ||
or more
not located
in the areas described in paragraphs | ||
(1), (2), and (3), 3 of which
shall be
owned or operated by | ||
hospitals, at least 2 of which shall be located in
counties | ||
with a population of less than 175,000, according to the | ||
most recent
decennial census for which data are available, | ||
and one of
which shall be owned or operated by
an |
ambulatory surgical treatment center.
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(5) Two in rural areas,
both of which shall be owned or | ||
operated by
hospitals.
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There shall be no postsurgical recovery care center | ||
alternative health care
models located in counties with | ||
populations greater than 600,000 but less
than 1,000,000. A | ||
proposed postsurgical recovery care center must be owned or
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operated by a hospital if it is to be located within, or will | ||
primarily serve
the residents of, a health service area in | ||
which more than 60% of the gross
patient revenue of the | ||
hospitals within that health service area are derived
from | ||
Medicaid and Medicare, according to the most recently available | ||
calendar
year data from the Illinois Health Care Cost | ||
Containment Council. Nothing in
this paragraph shall preclude a | ||
hospital and an ambulatory surgical treatment
center from | ||
forming a joint venture or developing a collaborative agreement | ||
to
own or operate a postsurgical recovery care center.
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(a-10) There shall be no more than a total of 8 children's | ||
respite care
center alternative health care models in the | ||
demonstration program, which shall
be located as follows:
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(1) One in the City of Chicago.
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(2) One in Cook County outside the City of Chicago.
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(3) A total of 2 in the area comprised of DuPage, Kane, | ||
Lake, McHenry, and
Will counties.
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(4) A total of 2 in municipalities with a population of | ||
50,000 or more and
not
located in the areas described in |
paragraphs (1), (2), or (3).
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(5) A total of 2 in rural areas, as defined by the | ||
Health Facilities
Planning Board.
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No more than one children's respite care model owned and | ||
operated by a
licensed skilled pediatric facility shall be | ||
located in each of the areas
designated in this subsection | ||
(a-10).
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(a-15) There shall be 2 an authorized community-based | ||
residential
rehabilitation center alternative health care | ||
models model in the demonstration
program. The community-based | ||
residential rehabilitation center shall be
located in the area | ||
of Illinois south of Interstate Highway 70.
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(a-20) There shall be an authorized
Alzheimer's disease | ||
management center alternative health care model in the
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demonstration program. The Alzheimer's disease management | ||
center shall be
located in Will
County, owned by a
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not-for-profit entity, and endorsed by a resolution approved by | ||
the county
board before the effective date of this amendatory | ||
Act of the 91st General
Assembly.
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(a-25) There shall be no more than 10 birth center | ||
alternative health care
models in the demonstration program, | ||
located as follows:
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(1) Four in the area comprising Cook, DuPage, Kane, | ||
Lake, McHenry, and
Will counties, one of
which shall be | ||
owned or operated by a hospital and one of which shall be | ||
owned
or operated by a federally qualified health center.
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(2) Three in municipalities with a population of 50,000 | ||
or more not
located in the area described in paragraph (1) | ||
of this subsection, one of
which shall be owned or operated | ||
by a hospital and one of which shall be owned
or operated | ||
by a federally qualified health center.
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(3) Three in rural areas, one of which shall be owned | ||
or operated by a
hospital and one of which shall be owned | ||
or operated by a federally qualified
health center.
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The first 3 birth centers authorized to operate by the | ||
Department shall be
located in or predominantly serve the | ||
residents of a health professional
shortage area as determined | ||
by the United States Department of Health and Human
Services. | ||
There shall be no more than 2 birth centers authorized to | ||
operate in
any single health planning area for obstetric | ||
services as determined under the
Illinois Health Facilities | ||
Planning Act. If a birth center is located outside
of a
health | ||
professional shortage area, (i) the birth center shall be | ||
located in a
health planning
area with a demonstrated need for | ||
obstetrical service beds, as determined by
the Illinois Health | ||
Facilities Planning Board or (ii) there must be a
reduction in
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the existing number of obstetrical service beds in the planning | ||
area so that
the establishment of the birth center does not | ||
result in an increase in the
total number of obstetrical | ||
service beds in the health planning area.
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(b) Alternative health care models, other than a model | ||
authorized under
subsection (a-20), shall obtain a certificate |
of
need from the Illinois Health Facilities Planning Board | ||
under the Illinois
Health Facilities Planning Act before | ||
receiving a license by the
Department.
If, after obtaining its | ||
initial certificate of need, an alternative health
care | ||
delivery model that is a community based residential | ||
rehabilitation center
seeks to
increase the bed capacity of | ||
that center, it must obtain a certificate of need
from the | ||
Illinois Health Facilities Planning Board before increasing | ||
the bed
capacity. Alternative
health care models in medically | ||
underserved areas
shall receive priority in obtaining a | ||
certificate of need.
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(c) An alternative health care model license shall be | ||
issued for a
period of one year and shall be annually renewed | ||
if the facility or
program is in substantial compliance with | ||
the Department's rules
adopted under this Act. A licensed | ||
alternative health care model that continues
to be in | ||
substantial compliance after the conclusion of the | ||
demonstration
program shall be eligible for annual renewals | ||
unless and until a different
licensure program for that type of | ||
health care model is established by
legislation. The Department | ||
may issue a provisional license to any
alternative health care | ||
model that does not substantially comply with the
provisions of | ||
this Act and the rules adopted under this Act if (i)
the | ||
Department finds that the alternative health care model has | ||
undertaken
changes and corrections which upon completion will | ||
render the alternative
health care model in substantial |
compliance with this Act and rules and
(ii) the health and | ||
safety of the patients of the alternative
health care model | ||
will be protected during the period for which the provisional
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license is issued. The Department shall advise the licensee of
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the conditions under which the provisional license is issued, | ||
including
the manner in which the alternative health care model | ||
fails to comply with
the provisions of this Act and rules, and | ||
the time within which the changes
and corrections necessary for | ||
the alternative health care model to
substantially comply with | ||
this Act and rules shall be completed.
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(d) Alternative health care models shall seek | ||
certification under Titles
XVIII and XIX of the federal Social | ||
Security Act. In addition, alternative
health care models shall | ||
provide charitable care consistent with that provided
by | ||
comparable health care providers in the geographic area.
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(d-5) The Department of Healthcare and Family Services | ||
(formerly Illinois Department of Public Aid), in cooperation | ||
with the
Illinois Department of
Public Health, shall develop | ||
and implement a reimbursement methodology for all
facilities | ||
participating in the demonstration program. The Department of | ||
Healthcare and Family Services shall keep a record of services | ||
provided under the demonstration
program to recipients of | ||
medical assistance under the Illinois Public Aid Code
and shall | ||
submit an annual report of that information to the Illinois
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Department of Public Health.
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(e) Alternative health care models shall, to the extent |
possible,
link and integrate their services with nearby health | ||
care facilities.
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(f) Each alternative health care model shall implement a | ||
quality
assurance program with measurable benefits and at | ||
reasonable cost.
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(Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08.)
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