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| Public Act 102-0414 | ||||
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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) (Blank).
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(a-5) There shall be no more than the total number of | ||||
postsurgical
recovery care centers with a certificate of need | ||||
for beds as of January 1, 2008.
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(a-10) There shall be no more than a total of 9 children's | ||||
community-based health care center alternative health care | ||||
models in the demonstration program, which shall
be located as | ||||
follows:
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(1) Two 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
and Services Review Board.
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No more than one children's community-based health care | ||
center 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 5 authorized community-based | ||
residential
rehabilitation center alternative health care | ||
models in the demonstration
program.
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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 17 10 birth center | ||
alternative health care
models in the demonstration program, | ||
located as follows:
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(1) Ten Four in the area comprising Cook, DuPage, | ||
Kane, Lake, McHenry, and
Will counties, one of
which shall | ||
be owned or operated by a hospital, 2 and one of which | ||
shall be owned
or operated by a federally qualified health | ||
center, and one of which shall be located within Planning | ||
Area A-3 to address the disparate perinatal and child | ||
health outcomes in Planning Area A-3. In addition, 2 birth | ||
center alternative health care models shall be located in | ||
Planning Area A-2 and 2 birth center alternative health | ||
care models shall be located in Planning Area A-4.
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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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(4) One in the City of East St. Louis in Planning Area | ||
F-1. | ||
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 Health | ||
Facilities and Services Review Board or (ii) there must be a
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reduction in
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-10) or
(a-20), shall obtain a | ||
certificate of
need from the Health Facilities and Services | ||
Review 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
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from the Health Facilities and Services Review 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, except | ||
that a postsurgical recovery care center meeting the following | ||
requirements may apply within 3 years after August 25, 2009 | ||
(the effective date of Public Act 96-669) for a Certificate of | ||
Need permit to operate as a hospital: | ||
(1) The postsurgical recovery care center shall apply | ||
to the Health Facilities and Services Review Board for a | ||
Certificate of Need permit to discontinue the postsurgical | ||
recovery care center and to establish a hospital. | ||
(2) If the postsurgical recovery care center obtains a | ||
Certificate of Need permit to operate as a hospital, it | ||
shall apply for licensure as a hospital under the Hospital | ||
Licensing Act and shall meet all statutory and regulatory | ||
requirements of a hospital. | ||
(3) After obtaining licensure as a hospital, any | ||
license as an ambulatory surgical treatment center and any | ||
license as a postsurgical recovery care center shall be | ||
null and void. | ||
(4) The former postsurgical recovery care center that | ||
receives a hospital license must seek and use its best | ||
efforts to maintain certification under Titles XVIII and | ||
XIX of the federal Social Security Act. | ||
The Department may issue a provisional license to any
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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
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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
license is issued. The | ||
Department shall advise the licensee of
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) (Blank).
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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. 98-629, eff. 1-1-15; 98-756, eff. 7-16-14; | ||
99-78, eff. 7-20-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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