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| Public Act 096-1515 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Hospital Licensing Act is amended by | ||||
changing Sections 3 and 4.6 as follows:
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(210 ILCS 85/3)
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Sec. 3. As used in this Act:
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(A) "Hospital" means any institution, place, building, | ||||
buildings on a campus, or agency, public
or private, whether | ||||
organized for profit or not, devoted primarily to the
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maintenance and operation of facilities for the diagnosis and | ||||
treatment or
care of 2 or more unrelated persons admitted for | ||||
overnight stay or longer
in order to obtain medical, including | ||||
obstetric, psychiatric and nursing,
care of illness, disease, | ||||
injury, infirmity, or deformity.
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The term "hospital", without regard to length of stay, | ||||
shall also
include:
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(a) any facility which is devoted primarily to | ||||
providing psychiatric and
related services and programs | ||||
for the diagnosis and treatment or care of
2 or more | ||||
unrelated persons suffering from emotional or nervous | ||||
diseases;
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(b) all places where pregnant females are received, | ||||
cared for, or
treated during delivery irrespective of the | ||
number of patients received.
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The term "hospital" includes general and specialized | ||
hospitals,
tuberculosis sanitaria, mental or psychiatric | ||
hospitals and sanitaria, and
includes maternity homes, | ||
lying-in homes, and homes for unwed mothers in
which care is | ||
given during delivery.
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The term "hospital" does not include:
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(1) any person or institution
required to be licensed | ||
pursuant to the Nursing Home Care Act or the MR/DD | ||
Community Care Act;
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(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;
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(3) hospitalization or care facilities maintained by | ||
the federal
government or agencies thereof;
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(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;
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(5) any person or facility required to be licensed | ||
pursuant to the
Alcoholism and Other Drug Abuse and | ||
Dependency Act;
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(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;
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(7) an Alzheimer's disease management center | ||
alternative health care
model licensed under the | ||
Alternative Health Care Delivery Act; or
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(8) any veterinary hospital or clinic operated by a | ||
veterinarian or veterinarians licensed under the | ||
Veterinary Medicine and Surgery Practice Act of 2004 or | ||
maintained by a State-supported or publicly funded | ||
university or college. | ||
(B) "Person" means the State, and any political subdivision | ||
or municipal
corporation, individual, firm, partnership, | ||
corporation, company,
association, or joint stock association, | ||
or the legal successor thereof.
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(C) "Department" means the Department of Public Health of | ||
the State of
Illinois.
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(D) "Director" means the Director of Public Health of
the | ||
State of Illinois.
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(E) "Perinatal" means the period of time
between the | ||
conception of an
infant and the end of the first month after | ||
birth.
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(F) "Federally designated organ procurement agency" means | ||
the organ
procurement agency designated by the Secretary of the | ||
U.S. Department of Health
and Human Services for the service | ||
area in which a hospital is located; except
that in the case of | ||
a hospital located in a county adjacent to Wisconsin
which | ||
currently contracts with an organ procurement agency located in | ||
Wisconsin
that is not the organ procurement agency designated | ||
by the U.S. Secretary of
Health and Human Services for the | ||
service area in which the hospital is
located, if the hospital | ||
applies for a waiver pursuant to 42 USC
1320b-8(a), it may | ||
designate an organ procurement agency
located in Wisconsin to | ||
be thereafter deemed its federally designated organ
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procurement agency for the purposes of this Act.
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(G) "Tissue bank" means any facility or program operating | ||
in Illinois
that is certified by the American Association of | ||
Tissue Banks or the Eye Bank
Association of America and is | ||
involved in procuring, furnishing, donating,
or distributing | ||
corneas, bones, or other human tissue for the purpose of
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injecting, transfusing, or transplanting any of them into the | ||
human body.
"Tissue bank" does not include a licensed blood | ||
bank. For the purposes of this
Act, "tissue" does not include | ||
organs.
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(H) "Campus", as this terms applies to operations, has the | ||
same meaning as the term "campus" as set forth in federal | ||
Medicare regulations, 42 CFR 413.65. | ||
(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10; | ||
96-1000, eff. 7-2-10.)
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(210 ILCS 85/4.6)
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Sec. 4.6. Additional licensing requirements.
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(a) Notwithstanding any other law or rule to the contrary, | ||
the Department
may license as a hospital a building
that (i) is | ||
owned or operated by a hospital licensed
under
this Act, (ii) | ||
is located in a municipality with a population of less than
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60,000, and
(iii) includes a postsurgical recovery care center | ||
licensed under the
Alternative
Health Care Delivery Act for a | ||
period of not less than 2 years, an ambulatory
surgical | ||
treatment center licensed under the Ambulatory Surgical | ||
Treatment
Center Act, and a
Freestanding
Emergency Center | ||
licensed under the Emergency Medical Services (EMS)
Systems | ||
Act. Only the components of the building which are currently | ||
licensed
shall be eligible under the provisions of this | ||
Section.
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(b) Prior to issuing a license, the Department shall | ||
inspect the facility
and
require the facility to meet such of | ||
the Department's rules relating to
the
establishment of | ||
hospitals as the Department determines are appropriate to such
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facility. Once the Department approves the facility and issues | ||
a hospital
license, all other licenses as listed in subsection | ||
(a) above shall be null and
void.
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(c) Only one license may be issued under the authority of | ||
this Section.
No license may be issued after 18 months after | ||
the effective date of this
amendatory Act of the 91st General | ||
Assembly.
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(d) Beginning on the effective date of this amendatory Act | ||
of the 96th General Assembly, each hospital building or | ||
facility that is (i) located on the campus of the licensee but | ||
on a site that is not contiguous, adjacent, or otherwise | ||
attached to the main hospital building of the campus of the | ||
licensee, (ii) operated by the licensee, and (iii) provides | ||
inpatient services to patients at this building or facility | ||
shall, at a minimum, individually comply with the Department's | ||
hospital licensing requirements for emergency services. The | ||
hospital shall submit to the Department a comprehensive plan | ||
describing the services and operations of each facility or | ||
building and how common services or operations will be | ||
coordinated between the various locations. The Department | ||
shall review the plan and may authorize a waiver granting an | ||
exemption for compliance with the hospital licensing | ||
requirements for specific buildings or facilities, including | ||
requirements for emergency services, provided that the | ||
hospital has documented which other building or facility under | ||
its single license provides that service or operation, and that | ||
doing so would not endanger the public's health, safety, or | ||
welfare. Nothing in this Section relieves a hospital from the | ||
requirements of the Illinois Health Facilities Planning Act. | ||
(Source: P.A. 91-736, eff. 6-2-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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