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92_HB6041sam001
LRB9212704ACdvam01
1 AMENDMENT TO HOUSE BILL 6041
2 AMENDMENT NO. . Amend House Bill 6041, on page 1,
3 line 5, after "8", by inserting "and adding Section 8.5"; and
4 on page 6, immediately below line 14, by inserting the
5 following:
6 "(210 ILCS 85/8.5 new)
7 Sec. 8.5. Waiver of compliance with rules or standards.
8 Upon application by a hospital, the Department may grant or
9 renew the waiver of the hospital's compliance with a rule or
10 standard for a period not to exceed the duration of the
11 current license or, in the case of an application for license
12 renewal, the duration of the renewal period. The waiver may
13 be conditioned upon the hospital taking action prescribed by
14 the Department as a measure equivalent to compliance. In
15 determining whether to grant or renew a waiver, the
16 Department shall consider the duration and basis for any
17 current waiver with respect to the same rule or standard and
18 the validity and effect upon patient health and safety of
19 extending it on the same basis, the effect upon the health
20 and safety of patients, the quality of patient care, the
21 hospital's history of compliance with the rules and standards
22 of this Act, and the hospital's attempts to comply with the
-2- LRB9212704ACdvam01
1 particular rule or standard in question. The Department may
2 provide, by rule, for the automatic renewal of waivers
3 concerning physical plant requirements upon the renewal of a
4 license. The Department shall renew waivers relating to
5 physical plant standards issued pursuant to this Section at
6 the time of the indicated reviews, unless it can show why
7 such waivers should not be extended for the following
8 reasons:
9 (1) the condition of the physical plant has
10 deteriorated or its use substantially changed so that the
11 basis upon which the waiver was issued is materially
12 different; or
13 (2) the hospital is renovated or substantially
14 remodeled in such a way as to permit compliance with the
15 applicable rules and standards without substantial
16 increase in cost.
17 A copy of each waiver application and each waiver granted
18 or renewed shall be on file with the Department and available
19 for public inspection.
20 The Department shall advise hospitals of any applicable
21 federal waivers for which the hospital may apply.
22 This Section shall apply to both new and existing
23 construction.".