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91_SB1534
LRB9110628JSpcA
1 AN ACT to amend the Hospital Licensing Act by adding
2 Section 14.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hospital Licensing Act is amended by
6 adding Section 14.5 as follows:
7 (210 ILCS 85/14.5 new)
8 Sec. 14.5. Health and fitness centers prohibited.
9 (a) No person or legal entity to whom a license is
10 issued under this Act, nor any parent, affiliate, or
11 subsidiary of such person or entity, may, directly or
12 indirectly, either through loans, guarantees, pledges of
13 collateral, lease arrangements, management contracts, letters
14 of credit, or the like use financial assets derived from
15 not-for-profit entities to own, construct, operate, manage,
16 use or have the benefit of any health and fitness center as
17 defined in this Section. Nothing in this Section, however,
18 shall prohibit a hospital licensed under this Act from
19 leasing space in a health and fitness center when the space
20 is used exclusively for patient related services such as
21 physicians's offices, cardiac rehabilitation and physical
22 therapy, and related instructional and educational programs,
23 provided that the use of the space by the users thereof shall
24 not be subject to membership fees nor conditioned upon the
25 purchase of a membership sold to the public at large.
26 (b) "Health and fitness center" means a facility that
27 offers to the public physical fitness services and programs
28 such as body building, weight management, figure development,
29 weight strengthening and training, conditioning and exercise,
30 health education, cardiovascular training, massage and
31 massage therapy, nutritional counseling, basketball,
-2- LRB9110628JSpcA
1 swimming, tennis, racquetball, squash, volleyball, and the
2 like, and the equipment, facilities, and amenities necessary
3 to implement those services and programs, designed to
4 achieve, maintain, or improve health and fitness, in a format
5 where the operation and supervision of those services and
6 programs does not require by law the attendance of licensed
7 medical personnel.
8 (c) In determining whether a facility constitutes a
9 health and fitness center, the presence of either of the
10 following factors shall create an irrebuttable presumption
11 that the facility constitutes a health and fitness center:
12 (1) less than 50% of the revenue derived from the
13 services and programs offered within the facility
14 providing the defined services and programs is
15 attributable to health insurance or medicare payment; or
16 (2) less than 50% of the space, personnel, or both,
17 within the facility is devoted to services and programs
18 that require by law the attendance or supervision of
19 licensed medical personnel.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.