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| Public Act 096-1071 | ||||
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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 and Services Review Board and the
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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 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 | ||
respite 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 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 5 2 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 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 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 subsections (a-10) and
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(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
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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
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increase the bed capacity of that center, it must obtain a | ||
certificate of need
from the Health Facilities and Services | ||
Review Board before increasing the bed
capacity. Alternative
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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) this amendatory Act | ||
of the 96th General Assembly for a Certificate of Need permit | ||
to operate as a hospital: | ||
(1) The postsurgical recovery care center shall apply | ||
to the Illinois Health Facilities Planning 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 post-surgical 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
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
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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; 96-31, | ||
eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, eff. 8-25-09; | ||
96-812, eff. 1-1-10; revised 11-4-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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