State of Illinois
91st General Assembly
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Public Act 91-0065

HB0317 Enrolled                               LRB9100816JSpcA

    AN ACT to amend the Alternative Health Care Delivery  Act
by changing Sections 30 and 35.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Alternative Health Care Delivery  Act  is
amended by changing Sections 30 and 35 as follows:

    (210 ILCS 3/30)
    Sec.   30.    Demonstration  program  requirements.   The
requirements  set  forth  in  this  Section  shall  apply  to
demonstration programs.
    (a)  There shall be no more than:
         (i)  3 subacute  care  hospital  alternative  health
    care models in the City of Chicago (one of which shall be
    located on a designated site and shall have been licensed
    as  a  hospital under the Illinois Hospital Licensing Act
    within the 10 years immediately  before  the  application
    for a license);
         (ii)  2  subacute  care  hospital alternative health
    care models in the demonstration program for each of  the
    following areas:
              (1)  Cook County outside the City of Chicago.
              (2)  DuPage,  Kane,  Lake,  McHenry,  and  Will
         Counties.
              (3)  Municipalities  with  a population greater
         than 50,000 not located in the  areas  described  in
         item  (i)  of  subsection (a) and paragraphs (1) and
         (2) of item (ii) of subsection (a); and
         (iii)  4 subacute care hospital  alternative  health
    care models in the demonstration program for rural areas.
    In selecting among applicants for these licenses in rural
areas,   the   Health   Facilities  Planning  Board  and  the
Department shall give preference to  hospitals  that  may  be
unable  for  economic reasons to provide continued service to
the community in which they are located unless  the  hospital
were to receive an alternative health care model license.
    (a-5)  There  shall  be  no  more  than  a  total  of  12
postsurgical  recovery  care  center  alternative health care
models in the demonstration program, located as follows:
         (1)  Two in the City of Chicago.
         (2)  Two in Cook County outside the City of Chicago.
    At least one of these shall be owned  or  operated  by  a
    hospital devoted exclusively to caring for children.
         (3)  Two in Kane, Lake, and McHenry Counties.
         (4)  Four  in  municipalities  with  a population of
    50,000 or more not located  in  the  areas  described  in
    paragraphs  (1),  (2), and (3), 3 of which shall be owned
    or operated by hospitals, at least 2 of  which  shall  be
    located  in  counties  with  a  population  of  less than
    175,000, according to the most  recent  decennial  census
    for  which  data are available, and one of which shall be
    owned or operated by  an  ambulatory  surgical  treatment
    center.
         (5)  Two  in  rural  areas,  both  of which shall be
    owned or operated by hospitals.
    There shall  be  no  postsurgical  recovery  care  center
alternative  health  care  models  located  in  counties with
populations greater than 600,000 but less than 1,000,000.   A
proposed  postsurgical  recovery care center must be owned or
operated by a hospital if it is to be located within, or will
primarily serve the residents of, a health  service  area  in
which  more  than  60%  of  the  gross patient revenue of the
hospitals within that health service area  are  derived  from
Medicaid   and  Medicare,  according  to  the  most  recently
available calendar year data from the  Illinois  Health  Care
Cost  Containment  Council.   Nothing in this paragraph shall
preclude a hospital  and  an  ambulatory  surgical  treatment
center   from   forming  a  joint  venture  or  developing  a
collaborative agreement to  own  or  operate  a  postsurgical
recovery care center.
    (a-10)  There  shall  be  no  more  than  a  total  of  8
children's respite care center alternative health care models
in  the  demonstration  program,  which  shall  be located as
follows:
         (1)  One in the City of Chicago.
         (2)  One in Cook County outside the City of Chicago.
         (3)  A total of 2 in the area comprised  of  DuPage,
    Kane, Lake, McHenry, and Will counties.
         (4)  A   total   of   2  in  municipalities  with  a
    population of 50,000 or more and    not  located  in  the
    areas described in paragraphs (1), (2), or (3).
         (5)  A  total of 2 in rural areas, as defined by the
    Health Facilities Planning Board.
    No more than one children's respite care model owned  and
operated  by  a  licensed skilled pediatric facility shall be
located in each of the areas designated  in  this  subsection
(a-10).
    (a-15)  There  shall  be  an  authorized  community-based
residential  rehabilitation  center  alternative  health care
model in  the  demonstration  program.   The  community-based
residential  rehabilitation  center  shall  be located in the
area of Illinois south of Interstate Highway 70.
    (b)  Alternative  health  care  models  shall  obtain   a
certificate  of  need  from  the  Illinois  Health Facilities
Planning Board under the Illinois Health Facilities  Planning
Act  before  receiving a license by the Department. If, after
obtaining its initial certificate  of  need,  an  alternative
health   care  delivery  model  that  is  a  community  based
residential rehabilitation center seeks to increase  the  bed
capacity of that center, it must obtain a certificate of need
from  the  Illinois  Health  Facilities Planning Board before
increasing the bed capacity.  Alternative  health care models
in medically underserved  areas  shall  receive  priority  in
obtaining a certificate of need.
    (c)  An  alternative  health  care model license shall be
issued for a period of one year and shall be annually renewed
if the facility or program is in substantial compliance  with
the  Department's  rules  adopted  under this Act. A licensed
alternative  health  care  model  that  continues  to  be  in
substantial  compliance   after   the   conclusion   of   the
demonstration  program  shall be eligible for annual renewals
unless and until a different licensure program for that  type
of  health  care  model  is  established  by legislation. The
Department may issue a provisional license to any alternative
health care model that does not substantially comply with the
provisions of this Act and the rules adopted under  this  Act
if  (i) the Department finds that the alternative health care
model has  undertaken  changes  and  corrections  which  upon
completion  will  render the alternative health care model in
substantial compliance with this Act and rules and  (ii)  the
health  and  safety of the patients of the alternative health
care model will be protected during the period for which  the
provisional  license  is issued.  The Department shall advise
the licensee of the conditions under  which  the  provisional
license   is  issued,  including  the  manner  in  which  the
alternative health  care  model  fails  to  comply  with  the
provisions  of  this Act and rules, and the time within which
the changes and corrections  necessary  for  the  alternative
health  care  model to substantially comply with this Act and
rules shall be completed.
    (d)  Alternative   health   care   models   shall    seek
certification  under  Titles  XVIII  and  XIX  of the federal
Social Security Act.  In addition,  alternative  health  care
models  shall  provide  charitable  care consistent with that
provided  by  comparable  health  care   providers   in   the
geographic area.
    (d-5)  The   Illinois   Department   of  Public  Aid,  in
cooperation with the Illinois Department  of  Public  Health,
shall  develop  and implement a reimbursement methodology for
all facilities participating in  the  demonstration  program.
The  Illinois Department of Public Aid shall keep a record of
services  provided  under  the   demonstration   program   to
recipients  of  medical  assistance under the Illinois Public
Aid  Code  and  shall  submit  an  annual  report   of   that
information to the Illinois Department of Public Health.
    (e)  Alternative  health care models shall, to the extent
possible, link  and  integrate  their  services  with  nearby
health care facilities.
    (f)  Each alternative health care model shall implement a
quality  assurance  program  with  measurable benefits and at
reasonable cost.
(Source: P.A. 88-441; 88-490; 88-670, eff.  12-2-94;  89-393,
eff. 8-20-95.)

    (210 ILCS 3/35)
    Sec.  35.   Alternative  health  care  models authorized.
Notwithstanding any other law to  the  contrary,  alternative
health   care   models  described  in  this  Section  may  be
established on a demonstration basis.
         (1)  Alternative health care  model;  subacute  care
    hospital.   A subacute care hospital is a designated site
    which provides medical specialty care  for  patients  who
    need  a  greater  intensity  or  complexity  of care than
    generally provided in a skilled nursing facility but  who
    no longer require acute hospital care. The average length
    of  stay  for patients treated in subacute care hospitals
    shall not be  less  than  20  days,  and  for  individual
    patients,  the  expected  length  of  stay at the time of
    admission shall not be less  than  10  days.   Variations
    from  minimum  lengths  of  stay shall be reported to the
    Department.  There shall be no more than 13 subacute care
    hospitals  authorized  to  operate  by  the   Department.
    Subacute  care includes physician supervision, registered
    nursing, and  physiological  monitoring  on  a  continual
    basis.  A subacute care hospital is either a freestanding
    building or a distinct physical  and  operational  entity
    within  a  hospital or nursing home building.  A subacute
    care  hospital  shall  only  consist  of  beds  currently
    existing  in  licensed  hospitals  or   skilled   nursing
    facilities,   except,  in  the  City  of  Chicago,  on  a
    designated site that was licensed as a hospital under the
    Illinois Hospital  Licensing  Act  within  the  10  years
    immediately  before  the  application  for an alternative
    health care model license. During the period of operation
    of the demonstration project, the existing licensed  beds
    shall  remain  licensed  as  hospital  or skilled nursing
    facility beds as well as being licensed under  this  Act.
    In  order  to handle cases of complications, emergencies,
    or exigent circumstances, a subacute care hospital  shall
    maintain a contractual relationship, including a transfer
    agreement,  with  a  general  acute  care hospital.  If a
    subacute care model is located in a  general  acute  care
    hospital,  it  shall  utilize all or a portion of the bed
    capacity of that existing hospital.  In no event shall  a
    subacute  care  hospital  use  the word "hospital" in its
    advertising or marketing activities or represent or  hold
    itself  out  to  the  public  as  a  general  acute  care
    hospital.
         (2)  Alternative   health   care   delivery   model;
    postsurgical   recovery   care  center.   A  postsurgical
    recovery care center is a designated site which  provides
    postsurgical recovery care for generally healthy patients
    undergoing  surgical  procedures  that  require overnight
    nursing care, pain control,  or  observation  that  would
    otherwise   be  provided  in  an  inpatient  setting.   A
    postsurgical recovery care center is either  freestanding
    or  a  defined  unit  of an ambulatory surgical treatment
    center  or  hospital.  No  facility,  or  portion  of   a
    facility, may participate in a demonstration program as a
    postsurgical recovery care center unless the facility has
    been  licensed as an ambulatory surgical treatment center
    or hospital for at least 2 years before August  20,  1993
    (the  effective  date of Public Act 88-441).  The maximum
    length of stay for patients in  a  postsurgical  recovery
    care center is not to exceed 48 hours unless the treating
    physician requests an extension of time from the recovery
    center's  medical  director  on  the  basis of medical or
    clinical documentation that an additional care period  is
    required  for  the  recovery of a patient and the medical
    director approves the extension of  time.   In  no  case,
    however,   shall   a   patient's  length  of  stay  in  a
    postsurgical recovery  care  center  be  longer  than  72
    hours.  If  a  patient requires an additional care period
    after the expiration of the 72-hour  limit,  the  patient
    shall be transferred to an appropriate facility.  Reports
    on  variances from the 48-hour limit shall be sent to the
    Department for its evaluation.  The reports shall, before
    submission to the Department, have removed from them  all
    patient  and  physician  identifiers.  In order to handle
    cases   of   complications,   emergencies,   or   exigent
    circumstances, every postsurgical recovery care center as
    defined in this paragraph shall  maintain  a  contractual
    relationship,  including  a  transfer  agreement,  with a
    general acute care  hospital.   A  postsurgical  recovery
    care   center   shall  be  no  larger  than  20  beds.  A
    postsurgical recovery care center shall be located within
    15 minutes  travel  time  from  the  general  acute  care
    hospital  with  which  the center maintains a contractual
    relationship, including a transfer agreement, as required
    under this paragraph.
         No   postsurgical   recovery   care   center   shall
    discriminate  against  any  patient  requiring  treatment
    because of the source of payment for services,  including
    Medicare and Medicaid recipients.
         The  Department  shall  adopt rules to implement the
    provisions of Public Act 88-441  concerning  postsurgical
    recovery  care  centers  within 9 months after August 20,
    1993.
         (3)  Alternative   health   care   delivery   model;
    children's respite care center.  A children's  childrens'
    respite  care  center  model  is  a  designated site that
    provides respite  for  medically  frail,  technologically
    dependent,  clinically stable children, up to age 18, for
    a period of one to 14 days.  This care is to be  provided
    in  a  home-like  environment that serves no more than 10
    children  at  a  time.  Children's  respite  care  center
    services must be available  through  the   model  to  all
    families,  including those whose care is paid for through
    the Illinois Department of Public  Aid  or  the  Illinois
    Department of Children and Family Services.  Each respite
    care  model  location  shall  be  a  facility  physically
    separate  and  apart  from any other facility licensed by
    the Department of Public Health under this or  any  other
    Act  and  shall  provide,  at  a  minimum,  the following
    services: out-of-home  respite  care;  hospital  to  home
    training   for   families   and  caregivers;  short  term
    transitional care to facilitate  placement  and  training
    for  foster  care  parents;  parent  and  family  support
    groups.
    Coverage  for  the  services  provided  by  the  Illinois
Department   of  Public  Aid  under  this  paragraph  (3)  is
contingent upon federal waiver approval and is provided  only
to  Medicaid  eligible  clients participating in the home and
community based services waiver designated in Section 1915(c)
of  the  Social  Security  Act  for   medically   frail   and
technologically dependent children.
         (4)  Alternative   health   care   delivery   model;
    community  based  residential  rehabilitation  center.  A
    community-based  residential  rehabilitation center model
    is a designated  site  that  provides  rehabilitation  or
    support, or both, for persons who have experienced severe
    brain injury, who are medically stable, and who no longer
    require  acute  rehabilitative care or intense medical or
    nursing services.   The  average  length  of  stay  in  a
    community-based  residential  rehabilitation center shall
    not exceed 4 months.  As an integral part of the services
    provided, individuals are housed in a  supervised  living
    setting  while  having immediate access to the community.
    The residential rehabilitation center authorized  by  the
    Department  may  have  more  than  one residence included
    under the license. A residence may be no larger  than  12
    beds  and  shall  be  located  as an integral part of the
    community.  Day treatment  or  individualized  outpatient
    services  shall  be  provided  for  persons who reside in
    their  own  home.   Functional  outcome  goals  shall  be
    established for each individual.  Services shall include,
    but are not limited to,  case  management,  training  and
    assistance  with  activities  of  daily  living,  nursing
    consultation,     traditional     therapies    (physical,
    occupational, speech), functional  interventions  in  the
    residence   and   community   (job  placement,  shopping,
    banking,   recreation),    counseling,    self-management
    strategies,    productive    activities,   and   multiple
    opportunities  for   skill   acquisition   and   practice
    throughout the day.  The design of individualized program
    plans shall be consistent with the outcome goals that are
    established  for each resident.  The programs provided in
    this setting shall be accredited  by  the  Commission  on
    Accreditation  of  Rehabilitation Facilities (CARF).  The
    program shall have been accredited by CARF   as  a  Brain
    Injury  Community-Integrative  Program  for  at  least  3
    years.
(Source:  P.A.  88-441; 88-490; 88-670, eff. 12-2-94; 89-393,
eff. 8-20-95; revised 10-31-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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