Rep. Mary E. Flowers

Filed: 11/30/2010

 

 


 

 


 
09600HB1715ham001LRB096 05340 PJG 44274 a

1
AMENDMENT TO HOUSE BILL 1715

2    AMENDMENT NO. ______. Amend House Bill 1715 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.786 as follows:
 
6    (30 ILCS 105/5.786 new)
7    Sec. 5.786. The Hospital Licensure Fund.
 
8    Section 10. The Hospital Licensing Act is amended by
9changing Sections 5 and 6 and by adding Section 14.5 as
10follows:
 
11    (210 ILCS 85/5)  (from Ch. 111 1/2, par. 146)
12    Sec. 5. (a) An application for a permit to establish a
13hospital shall be made to the Department upon forms provided by
14it. This application shall contain such information as the

 

 

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1Department reasonably requires, which shall include
2affirmative evidence on which the Director may make the
3findings required under Section 6a of this Act.
4    (b) An application for a license to open, conduct, operate,
5and maintain a hospital shall be made to the Department upon
6forms provided by it, accompanied by a license fee of $30 per
7bed, provided that a lesser amount may be established by
8administrative rule of the Department, if the Department, in
9consultation with the Department of Healthcare and Family
10Services, determines that $30 per bed would exceed the
11limitations on health care-related taxes imposed by 42 U.S.C.
121396b(w) that, if violated, would result in reductions to the
13amount of federal financial participation received by the State
14for Medicaid expenditures, and shall contain such information
15as the Department reasonably requires, which may include
16affirmative evidence of ability to comply with the provisions
17of this Act and the standards, rules, and regulations,
18promulgated by virtue thereof.
19    (c) All applications required under this Section shall be
20signed by the applicant and shall be verified. Applications on
21behalf of a corporation or association or a governmental unit
22or agency shall be made and verified by any two officers
23thereof.
24(Source: Laws 1965, p. 2350.)
 
25    (210 ILCS 85/6)  (from Ch. 111 1/2, par. 147)

 

 

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1    Sec. 6. (a) Upon receipt of an application for a permit to
2establish a hospital the Director shall issue a permit if he
3finds (1) that the applicant is fit, willing, and able to
4provide a proper standard of hospital service for the community
5with particular regard to the qualification, background, and
6character of the applicant, (2) that the financial resources
7available to the applicant demonstrate an ability to construct,
8maintain, and operate a hospital in accordance with the
9standards, rules, and regulations adopted pursuant to this Act,
10and (3) that safeguards are provided which assure hospital
11operation and maintenance consistent with the public interest
12having particular regard to safe, adequate, and efficient
13hospital facilities and services.
14    The Director may request the cooperation of county and
15multiple-county health departments, municipal boards of
16health, and other governmental and non-governmental agencies
17in obtaining information and in conducting investigations
18relating to such applications.
19    A permit to establish a hospital shall be valid only for
20the premises and person named in the application for such
21permit and shall not be transferable or assignable.
22    In the event the Director issues a permit to establish a
23hospital the applicant shall thereafter submit plans and
24specifications to the Department in accordance with Section 8
25of this Act.
26    (b) Upon receipt of an application for license to open,

 

 

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1conduct, operate, and maintain a hospital, the Director shall
2issue a license if he finds the applicant and the hospital
3facilities comply with standards, rules, and regulations
4promulgated under this Act. A license, unless sooner suspended
5or revoked, shall be renewable annually upon approval by the
6Department and payment of a license fee as established pursuant
7to Section 5 of this Act. Each license shall be issued only for
8the premises and persons named in the application and shall not
9be transferable or assignable. Licenses shall be posted in a
10conspicuous place on the licensed premises. The Department may,
11either before or after the issuance of a license, request the
12cooperation of the State Fire Marshal, county and multiple
13county health departments, or municipal boards of health to
14make investigations to determine if the applicant or licensee
15is complying with the minimum standards prescribed by the
16Department. The report and recommendations of any such agency
17shall be in writing and shall state with particularity its
18findings with respect to compliance or noncompliance with such
19minimum standards, rules, and regulations.
20    The Director may issue a provisional license to any
21hospital which does not substantially comply with the
22provisions of this Act and the standards, rules, and
23regulations promulgated by virtue thereof provided that he
24finds that such hospital has undertaken changes and corrections
25which upon completion will render the hospital in substantial
26compliance with the provisions of this Act, and the standards,

 

 

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1rules, and regulations adopted hereunder, and provided that the
2health and safety of the patients of the hospital will be
3protected during the period for which such provisional license
4is issued. The Director shall advise the licensee of the
5conditions under which such provisional license is issued,
6including the manner in which the hospital facilities fail to
7comply with the provisions of the Act, standards, rules, and
8regulations, and the time within which the changes and
9corrections necessary for such hospital facilities to
10substantially comply with this Act, and the standards, rules,
11and regulations of the Department relating thereto shall be
12completed.
13(Source: P.A. 80-56.)
 
14    (210 ILCS 85/14.5 new)
15    Sec. 14.5. Hospital Licensure Fund. The Department shall
16deposit all fees and fines collected in relation to the
17licensure of hospitals into the Hospital Licensure Fund, a
18special fund created in the State treasury, for the purpose of
19providing programs, information, or assistance designed to
20improve patient safety and quality in hospitals.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".