Public Act 098-1123
 
SB3465 EnrolledLRB098 19826 RPS 55044 b



    AN ACT concerning regulation.

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




 
    Section 5. The Ambulatory Surgical Treatment Center Act is 
amended  by changing Section 3 and by adding Section 6.8  as 
follows:
 


    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)




    Sec. 3. 
As used in this Act, unless the context otherwise 
requires, the
following words and phrases shall have the 
meanings ascribed to them:

    (A) "Ambulatory surgical treatment center" means any 
institution, place
or building devoted primarily to the 
maintenance and operation of
facilities for the performance of 
surgical procedures. "Ambulatory surgical treatment center" 
includes any place that meets and complies with the definition 
of an ambulatory surgical treatment center under the rules 
adopted by the Department or any facility in
which a medical or 
surgical procedure is utilized to terminate a pregnancy,

irrespective of whether the facility is devoted primarily to 
this purpose.
Such facility shall not provide beds or other 
accommodations for the
overnight stay of patients; however, 
facilities devoted exclusively to the
treatment of children may 
provide accommodations and beds for their patients
for up to 23 
hours following admission.  Individual patients shall be

discharged in an ambulatory condition without danger to the 
continued well
being of the patients or shall be transferred to 
a hospital.

    The term "ambulatory surgical treatment center" does not 
include any of the
following:


        (1) Any institution, place, building or agency 
    required to be licensed
pursuant to the "Hospital Licensing 
    Act", approved July 1, 1953, as amended.


        (2) Any person or institution required to be licensed 
    pursuant to the
Nursing Home Care Act, the Specialized 
    Mental Health Rehabilitation Act, or the ID/DD Community 
    Care Act.


        (3) Hospitals or ambulatory surgical treatment centers 
    maintained by the
State or any department or agency 
    thereof, where such department or agency
has authority 
    under law to establish and enforce standards for the

    hospitals or ambulatory surgical treatment centers under 
    its management and
control.


        (4) Hospitals or ambulatory surgical treatment centers 
    maintained by the
Federal Government or agencies thereof.


        (5) Any place, agency, clinic, or practice, public or 
    private, whether
organized for profit or not, devoted 
    exclusively to the performance of
dental or oral surgical 
    procedures.

    (B) "Person" means any individual, firm, partnership, 
corporation,
company, association, or joint stock association, 
or the legal successor
thereof.

    (C) "Department" means the Department of Public Health of 
the State of
Illinois.

    (D) "Director" means the Director of the Department of 
Public Health of
the State of Illinois.

    (E) "Physician" means a person licensed to practice 
medicine in all of
its branches in the State of Illinois.

    (F) "Dentist" means a person licensed to practice dentistry 
under the
Illinois Dental Practice Act.  

    (G) "Podiatric physician" means a person licensed to 
practice podiatry under
the Podiatric Medical Practice Act of 
1987.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, 
eff. 7-13-12; 98-214, eff. 8-9-13.)

 
    (210 ILCS 5/6.8 new)
    Sec. 6.8. Agreements with the federal Centers for Medicare 
and Medicaid Services. An ambulatory surgical treatment center 
that elects to have an agreement with the federal Centers for 
Medicare and Medicaid Services, as provided in 42 CFR 416, must 
also meet the Medicare conditions as an ambulatory surgical 
center, as set forth in 42 CFR 416, and have an active 
agreement with the federal Centers for Medicare and Medicaid 
Services to participate in Medicare as an ambulatory surgical 
center provider in Illinois.