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| Public Act 093-0766 |
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AN ACT concerning health facilities.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Health Facilities Planning Act is | ||||
amended by changing Section 3 as follows:
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(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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(Section scheduled to be repealed on July 1, 2008)
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Sec. 3. Definitions. As used in this Act:
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"Health care facilities" means and includes
the following | ||||
facilities and organizations:
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1. An ambulatory surgical treatment center required to | ||||
be licensed
pursuant to the Ambulatory Surgical Treatment | ||||
Center Act;
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2. An institution, place, building, or agency required | ||||
to be licensed
pursuant to the Hospital Licensing Act;
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3. Skilled and intermediate long term care facilities | ||||
licensed under the
Nursing
Home Care Act;
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3. Skilled and intermediate long term care facilities | ||||
licensed under the
Nursing
Home Care Act;
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4. Hospitals, nursing homes, ambulatory surgical | ||||
treatment centers, or
kidney disease treatment centers
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maintained by the State or any department or agency | ||||
thereof;
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5. Kidney disease treatment centers, including a | ||||
free-standing
hemodialysis unit required to be licensed | ||||
under the End Stage Renal Disease Facility Act; and
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6. An institution, place, building, or room used for | ||||
the performance of
outpatient surgical procedures that is | ||||
leased, owned, or operated by or on
behalf of an | ||||
out-of-state facility.
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No federally owned facility shall be subject to the | ||||
provisions of this
Act, nor facilities used solely for healing | ||||
by prayer or spiritual means.
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No facility licensed under the Supportive Residences | ||
Licensing Act or the
Assisted Living and Shared Housing Act
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shall be subject to the provisions of this Act.
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A facility designated as a supportive living facility that | ||
is in good
standing with the demonstration project established | ||
under Section 5-5.01a of
the Illinois Public Aid Code shall not | ||
be subject to the provisions of this
Act.
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This Act does not apply to facilities granted waivers under | ||
Section 3-102.2
of the Nursing Home Care Act. However, if a | ||
demonstration project under that
Act applies for a certificate
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of need to convert to a nursing facility, it shall meet the | ||
licensure and
certificate of need requirements in effect as of | ||
the date of application. | ||
This Act does not apply to a dialysis facility that | ||
provides only dialysis training, support, and related services | ||
to individuals with end stage renal disease who have elected to | ||
receive home dialysis. This Act does not apply to a dialysis | ||
unit located in a licensed nursing home that offers or provides | ||
dialysis-related services to residents with end stage renal | ||
disease who have elected to receive home dialysis within the | ||
nursing home. The Board, however, may require these dialysis | ||
facilities and licensed nursing homes to report statistical | ||
information on a quarterly basis to the Board to be used by the | ||
Board to conduct analyses on the need for proposed kidney | ||
disease treatment centers.
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This Act shall not apply to the closure of an entity or a | ||
portion of an
entity licensed under the Nursing Home Care Act | ||
that elects to convert, in
whole or in part, to an assisted | ||
living or shared housing establishment
licensed under the | ||
Assisted Living and Shared Housing Act.
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With the exception of those health care facilities | ||
specifically
included in this Section, nothing in this Act | ||
shall be intended to
include facilities operated as a part of | ||
the practice of a physician or
other licensed health care | ||
professional, whether practicing in his
individual capacity or | ||
within the legal structure of any partnership,
medical or | ||
professional corporation, or unincorporated medical or
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professional group. Further, this Act shall not apply to | ||
physicians or
other licensed health care professional's | ||
practices where such practices
are carried out in a portion of | ||
a health care facility under contract
with such health care | ||
facility by a physician or by other licensed
health care | ||
professionals, whether practicing in his individual capacity
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or within the legal structure of any partnership, medical or
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professional corporation, or unincorporated medical or | ||
professional
groups. This Act shall apply to construction or
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modification and to establishment by such health care facility | ||
of such
contracted portion which is subject to facility | ||
licensing requirements,
irrespective of the party responsible | ||
for such action or attendant
financial obligation.
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"Person" means any one or more natural persons, legal | ||
entities,
governmental bodies other than federal, or any | ||
combination thereof.
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"Consumer" means any person other than a person (a) whose | ||
major
occupation currently involves or whose official capacity | ||
within the last
12 months has involved the providing, | ||
administering or financing of any
type of health care facility, | ||
(b) who is engaged in health research or
the teaching of | ||
health, (c) who has a material financial interest in any
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activity which involves the providing, administering or | ||
financing of any
type of health care facility, or (d) who is or | ||
ever has been a member of
the immediate family of the person | ||
defined by (a), (b), or (c).
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"State Board" means the Health Facilities Planning Board.
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"Construction or modification" means the establishment, | ||
erection,
building, alteration, reconstruction, modernization, | ||
improvement,
extension, discontinuation, change of ownership, | ||
of or by a health care
facility, or the purchase or acquisition | ||
by or through a health care facility
of
equipment or service | ||
for diagnostic or therapeutic purposes or for
facility | ||
administration or operation, or any capital expenditure made by
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or on behalf of a health care facility which
exceeds the | ||
capital expenditure minimum; however, any capital expenditure
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made by or on behalf of a health care facility for the | ||
construction or
modification of a facility licensed under the | ||
Assisted Living and Shared
Housing Act shall be excluded from | ||
any obligations under this Act.
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"Establish" means the construction of a health care | ||
facility or the
replacement of an existing facility on another | ||
site.
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"Major medical equipment" means medical equipment which is | ||
used for the
provision of medical and other health services and | ||
which costs in excess
of the capital expenditure minimum, | ||
except that such term does not include
medical equipment | ||
acquired
by or on behalf of a clinical laboratory to provide | ||
clinical laboratory
services if the clinical laboratory is | ||
independent of a physician's office
and a hospital and it has | ||
been determined under Title XVIII of the Social
Security Act to | ||
meet the requirements of paragraphs (10) and (11) of Section
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1861(s) of such Act. In determining whether medical equipment | ||
has a value
in excess of the capital expenditure minimum, the | ||
value of studies, surveys,
designs, plans, working drawings, | ||
specifications, and other activities
essential to the | ||
acquisition of such equipment shall be included.
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"Capital Expenditure" means an expenditure: (A) made by or | ||
on behalf of
a health care facility (as such a facility is | ||
defined in this Act); and
(B) which under generally accepted | ||
accounting principles is not properly
chargeable as an expense | ||
of operation and maintenance, or is made to obtain
by lease or | ||
comparable arrangement any facility or part thereof or any
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equipment for a facility or part; and which exceeds the capital | ||
expenditure
minimum.
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For the purpose of this paragraph, the cost of any studies, | ||
surveys, designs,
plans, working drawings, specifications, and | ||
other activities essential
to the acquisition, improvement, | ||
expansion, or replacement of any plant
or equipment with | ||
respect to which an expenditure is made shall be included
in | ||
determining if such expenditure exceeds the capital | ||
expenditures minimum.
Donations of equipment
or facilities to a | ||
health care facility which if acquired directly by such
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facility would be subject to review under this Act shall be | ||
considered capital
expenditures, and a transfer of equipment or | ||
facilities for less than fair
market value shall be considered | ||
a capital expenditure for purposes of this
Act if a transfer of | ||
the equipment or facilities at fair market value would
be | ||
subject to review.
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"Capital expenditure minimum" means $6,000,000, which | ||
shall be annually
adjusted to reflect the increase in | ||
construction costs due to inflation, for major medical | ||
equipment and for all other
capital expenditures; provided, | ||
however, that when a capital expenditure is
for the | ||
construction or modification of a health and fitness center, | ||
"capital
expenditure minimum" means the capital expenditure | ||
minimum for all other
capital expenditures in effect on March | ||
1, 2000, which shall be annually
adjusted to reflect the | ||
increase in construction costs due to inflation.
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"Non-clinical service area" means an area (i) for the | ||
benefit of the
patients, visitors, staff, or employees of a | ||
health care facility and (ii) not
directly related to the | ||
diagnosis, treatment, or rehabilitation of persons
receiving | ||
services from the health care facility. "Non-clinical service | ||
areas"
include, but are not limited to, chapels; gift shops; | ||
news stands; computer
systems; tunnels, walkways, and | ||
elevators; telephone systems; projects to
comply with life | ||
safety codes; educational facilities; student housing;
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patient, employee, staff, and visitor dining areas; | ||
administration and
volunteer offices; modernization of | ||
structural components (such as roof
replacement and masonry | ||
work); boiler repair or replacement; vehicle
maintenance and | ||
storage facilities; parking facilities; mechanical systems for
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heating, ventilation, and air conditioning; loading docks; and | ||
repair or
replacement of carpeting, tile, wall coverings, | ||
window coverings or treatments,
or furniture. Solely for the | ||
purpose of this definition, "non-clinical service
area" does | ||
not include health and fitness centers.
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"Areawide" means a major area of the State delineated on a
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geographic, demographic, and functional basis for health | ||
planning and
for health service and having within it one or | ||
more local areas for
health planning and health service. The | ||
term "region", as contrasted
with the term "subregion", and the | ||
word "area" may be used synonymously
with the term "areawide".
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"Local" means a subarea of a delineated major area that on | ||
a
geographic, demographic, and functional basis may be | ||
considered to be
part of such major area. The term "subregion" | ||
may be used synonymously
with the term "local".
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"Areawide health planning organization" or "Comprehensive | ||
health
planning organization" means the health systems agency | ||
designated by the
Secretary, Department of Health and Human | ||
Services or any successor agency.
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"Local health planning organization" means those local | ||
health
planning organizations that are designated as such by | ||
the areawide
health planning organization of the appropriate | ||
area.
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"Physician" means a person licensed to practice in | ||
accordance with
the Medical Practice Act of 1987, as amended.
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"Licensed health care professional" means a person | ||
licensed to
practice a health profession under pertinent | ||
licensing statutes of the
State of Illinois.
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"Director" means the Director of the Illinois Department of | ||
Public Health.
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"Agency" means the Illinois Department of Public Health.
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"Comprehensive health planning" means health planning | ||
concerned with
the total population and all health and | ||
associated problems that affect
the well-being of people and | ||
that encompasses health services, health
manpower, and health | ||
facilities; and the coordination among these and
with those | ||
social, economic, and environmental factors that affect | ||
health.
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"Alternative health care model" means a facility or program | ||
authorized
under the Alternative Health Care Delivery Act.
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"Out-of-state facility" means a person that is both (i) | ||
licensed as a
hospital or as an ambulatory surgery center under | ||
the laws of another state
or that
qualifies as a hospital or an | ||
ambulatory surgery center under regulations
adopted pursuant | ||
to the Social Security Act and (ii) not licensed under the
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Ambulatory Surgical Treatment Center Act, the Hospital | ||
Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||
out-of-state facilities shall be
considered out-of-state | ||
facilities. Affiliates of Illinois licensed health
care | ||
facilities 100% owned by an Illinois licensed health care | ||
facility, its
parent, or Illinois physicians licensed to | ||
practice medicine in all its
branches shall not be considered | ||
out-of-state facilities. Nothing in
this definition shall be
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construed to include an office or any part of an office of a | ||
physician licensed
to practice medicine in all its branches in | ||
Illinois that is not required to be
licensed under the | ||
Ambulatory Surgical Treatment Center Act.
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"Change of ownership of a health care facility" means a | ||
change in the
person
who has ownership or
control of a health | ||
care facility's physical plant and capital assets. A change
in | ||
ownership is indicated by
the following transactions: sale, | ||
transfer, acquisition, lease, change of
sponsorship, or other | ||
means of
transferring control.
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"Related person" means any person that: (i) is at least 50% | ||
owned, directly
or indirectly, by
either the health care | ||
facility or a person owning, directly or indirectly, at
least | ||
50% of the health
care facility; or (ii) owns, directly or | ||
indirectly, at least 50% of the
health care facility.
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(Source: P.A. 93-41, eff. 6-27-03.)
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Section 10. The End Stage Renal Disease Facility Act is | ||
amended by changing Sections 10 and 20 as follows:
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(210 ILCS 62/10)
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Sec. 10. License required. Except as provided by this Act, | ||
no person shall
open, manage, conduct, offer, maintain, or
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advertise an end stage renal disease facility without a valid | ||
license issued by
the Department. | ||
Each ESRDF, including those that provide only training | ||
services, may oversee remote station facilities for home | ||
dialysis patients in licensed nursing homes under the ESRDF's | ||
license. These remote station facilities are not required to | ||
obtain a separate license under this Act, but shall be | ||
inspected under Department rules as remote stations of the | ||
ESRDF.
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Notwithstanding any other provisions of this Section, all | ||
end stage renal disease facilities
in existence as of the | ||
effective date of rules adopted by the Department to implement | ||
this Act (the "Implementation Date") may continue to operate | ||
but must
this Act shall obtain a valid license
to operate | ||
within one year after the Implementation Date
adoption of rules | ||
to
implement this Act.
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(Source: P.A. 92-794, eff. 7-1-03.)
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(210 ILCS 62/20)
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Sec. 20. Issuance and renewal of license.
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(a) An applicant for a license under this Act shall submit | ||
an application on
forms prescribed by the Department.
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(b) Each application shall be accompanied by a | ||
non-refundable license fee,
as
established by rule of the | ||
Department.
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(c) Each application shall contain evidence that there is | ||
at least one
physician responsible for the medical direction of | ||
the
facility and that each dialysis technician on staff has | ||
completed a training
program as required by this Act.
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(d) The Department may grant a temporary initial license to | ||
an applicant. A
temporary initial license expires on the | ||
earlier
of (i) the date the Department issues or denies the | ||
license or (ii) the date 6
months after the temporary initial | ||
license was issued. The Department may issue subsequent | ||
temporary licenses when necessary.
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(e) The Department shall issue a license if, after | ||
application, inspection,
and
investigation, it finds the | ||
applicant meets the
requirements of this Act and the standards | ||
adopted pursuant to this Act.
The
Department may include | ||
participation as a supplier
of end stage renal disease services | ||
under Titles XVIII and XIX of the federal
Social Security Act | ||
as a condition of licensure. The Department may consider | ||
facilities and remote stations certified under Titles XVIII and | ||
XIX of the federal Social Security Act as meeting the licensure | ||
requirements under this Section.
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(f) The license is renewable annually after submission of | ||
(i) the renewal
application and fee and (ii) an annual report | ||
on a
form prescribed by the Department that includes | ||
information related to quality
of care at the end stage renal | ||
disease facility. The
report must be in the form and documented | ||
by evidence as required by Department
rule.
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(Source: P.A. 92-794, eff. 7-1-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||