Section 250.120  Application for and Issuance of a License to Operate a Hospital

a)         Applicant and Licensee.  The applicant or licensee is the "person" as defined in Section 3(B) of the Act who establishes, conducts, operates and maintains a hospital, or proposes to do so, and who is responsible for meeting licensing requirements.

b)         Hospitals to be Licensed.  A license is required of all places that are hospitals within the meaning of the word as defined in Section 3 of the Act, providing that such place is not specifically excluded by the Act.

c)         Places not to be licensed.  The Act excludes the following:

1)         Any person or institution required to be licensed pursuant to the Nursing Home Care Act (Ill. Rev. Stat. 1991, ch. 111 1/2, pars. 4151-101 et seq.) [210 ILCS 45];

2)         Hospitalization or care facilities 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 hospitalization or care facilities under its management and control;

3)         Hospitalization or care facilities maintained by the federal government or agencies thereof;

4)         Hospitalization or care facilities maintained by any university or college established under the laws of this State and supported principally by public funds raised by taxation;

5)         Any person or facility required to be licensed pursuant to the Alcoholism and Other Drug Dependency Act (Ill. Rev. Stat. 1991, ch. 111 1/2, pars. 6351-1 et seq. [20 ILCS 305]; or

6)         Any facility operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination. (Section 3 of the Act)

d)         Application for License

1)         The application for a license shall be made to the Department upon forms provided by it and shall contain such pertinent information as the Department requires for the administration of the Act.

2)         Applications on behalf of a corporation or association or governmental unit or agency shall be made and verified by any two officers thereof.

3)         No fee shall be charged.

e)         Issuance and Renewal of License.  Licenses issued hereunder shall be valid for a period of one year.  The renewal shall be made by the Department to those hospitals meeting licensing requirements as determined by an ongoing review of reports, surveys, and recommendations on file with the Department as related to the operation of the hospital.

f)          License not transferable; notification of change of licensee, location or name.

1)         The license is not transferable.  Each license is separate and distinct and shall be issued to a specific licensee for a specific location.  The Department shall be notified prior to any change in licensee, name, or location of a hospital.

2)         If the hospital's name is changed a new license certificate will be issued upon notification of the change.

3)         Prior to changing the location of a hospital, the provisions of Section 250.110 and this Section shall be applicable.

4)         A change in the legal identity of the licensee of a hospital constitutes the establishment of a new hospital and the provisions of Section 250.110 and this Section shall be applicable.

g)         License Category; Approval of Services.

1)         Each license shall apply only to the categories of service offered by the hospital at the time the license is issued, and as reflected in the CON or COE issued by the Health Facilities Planning Board.  A General license shall be issued for a hospital that offers a variety of categories of service.  A specialized license (e.g., Psychiatric, Pediatric, Rehabilitation, Tuberculosis) shall be issued for a hospital that offers primarily that special category of service.

2)         The license shall apply only to the number of beds and the clinical services operating at the time the license is issued.  If a new clinical service is to be initiated, or an existing service expanded or discontinued, the approval of the Department must first be obtained.  If a change in clinical service results in change of license category, then a new application for license shall be submitted and the provisions of Section 250.110 and this Section shall apply.

h)         Provisional License.  The Director may issue a provisional license to any hospital which does not substantially comply with the provisions of the Act and this Part provided that he finds that such hospital has undertaken changes and corrections which upon completion will render the hospital in substantial compliance with the provisions of the Act and this Part, and provided that the health and safety of the patients of the hospital will be protected during the period for which such provisional license is issued.  The Director shall advise the licensee of the conditions under which such provisional license is issued, including the manner in which the hospital facilities fail to comply with the provisions of the Act and this Part, and the time within which the changes and corrections necessary for such hospital facilities to substantially comply with the Act and this Part shall be completed.

i)          Separate Licenses.  The Department may require a hospital that houses patients in more than one building to have separate licenses for one or more such separate buildings.

j)          Posting of License.  The license shall be posted where it may readily be seen and read by the public.

k)         Notification of closure of hospital.  The licensee shall notify the Department of the impending closure of the hospital, at least 90 days prior to such closure.  The hospital shall be responsible for the removal and replacement of patients.  The hospital shall implement the policies for preservation of patient medical records and medical staff credentialing files in accordance with Section 250.1510(d)(2) and Section 250.310(a)(16).

(Source:  Amended at 18 Ill. Reg. 15390, effective October 10, 1994)