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91st General Assembly
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Public Act 91-0838

SB1613 Enrolled                                LRB9112970JSpc

    AN  ACT  concerning  the  care  of  Alzheimer's   disease
patients.

    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.
    (a-20)  There shall be an authorized Alzheimer's  disease
management  center  alternative  health  care  model  in  the
demonstration  program.   The  Alzheimer's disease management
center  shall  be  located  in  Will  County,  owned   by   a
not-for-profit  entity, and endorsed by a resolution approved
by the  county  board  before  the  effective  date  of  this
amendatory Act of the 91st General Assembly.
    (b)  Alternative  health  care models, other than a model
authorized  under   subsection   (a-20),   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. 91-65, eff. 7-9-99.)

    (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 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.
         (5)  Alternative   health   care   delivery   model;
    Alzheimer's disease management  center.   An  Alzheimer's
    disease management center model is a designated site that
    provides  a  safe  and secure setting for care of persons
    diagnosed  with  Alzheimer's  disease.   An   Alzheimer's
    disease  management  center  model  shall  be  a facility
    separate  from  any  other  facility  licensed   by   the
    Department  of Public Health under this or any other Act.
    An Alzheimer's disease management  center  shall  conduct
    and  document  an  assessment  of  each  resident every 6
    months.  The assessment shall include  an  evaluation  of
    daily   functioning,   cognitive  status,  other  medical
    conditions,  and  behavioral  problems.   An  Alzheimer's
    disease management center shall develop and implement  an
    ongoing  treatment plan for each resident.  The treatment
    plan shall have defined goals.  The  Alzheimer's  disease
    management  center  shall  treat  behavioral problems and
    mood disorders using nonpharmacologic approaches such  as
    environmental   modification,  task  simplification,  and
    other  appropriate  activities.  All  staff   must   have
    necessary  training to care for all stages of Alzheimer's
    Disease.  An Alzheimer's disease management center  shall
    provide   education   and   support   for  residents  and
    caregivers.  The  education  and  support  shall  include
    referrals   to   support  organizations  for  educational
    materials on community resources, support  groups,  legal
    and financial issues, respite care, and future care needs
    and  options.   The  education  and  support  shall  also
    include  a  discussion  of  the  resident's  need to make
    advance directives and to identify surrogates for medical
    and  legal  decision-making.   The  provisions  of   this
    paragraph  establish  the  minimum level of services that
    must be provided by  an  Alzheimer's  disease  management
    center.   An  Alzheimer's disease management center model
    shall have no more than 100 residents.  Nothing  in  this
    paragraph  (5) shall be construed as prohibiting a person
    or facility from providing services and care  to  persons
    with  Alzheimer's  disease  as otherwise authorized under
    State law.
(Source: P.A. 91-65, eff. 7-9-99; 91-357, eff. 7-29-99.)

    Section 10.  The Alzheimer's Special Care Disclosure  Act
is amended by changing Section 10 as follows:

    (210 ILCS 4/10)
    (Text of Section before amendment by P.A. 91-656)
    Sec.  10.   Facility  defined.   As  used  in  this  Act,
"facility"  means  a facility licensed or permitted under the
Nursing Home Care Act, the Life Care  Facility  Act,  or  the
Community  Living  Facilities  Licensing  Act,  or subsection
(a-20) of Section 30 of the Alternative Health Care  Delivery
Act.
(Source: P.A. 90-341, eff. 1-1-98.)
    (Text of Section after amendment by P.A. 91-656)
    Sec.  10.   Facility  defined.   As  used  in  this  Act,
"facility"  means  a facility licensed or permitted under the
Nursing Home Care  Act,  the  Life  Care  Facility  Act,  the
Assisted  Living  and  Shared  Housing  Act, or the Community
Living Facilities Licensing  Act,  or  subsection  (a-20)  of
Section 30 of the Alternative Health Care Delivery Act.
(Source: P.A. 90-341, eff. 1-1-98; 91-656, eff. 1-1-01.)

    Section  15.   The  Nursing  Home  Care Act is amended by
changing Section 1-113 as follows:

    (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
    (Text of Section before amendment by P.A. 91-656)
    Sec.  1-113.  "Facility"  or  "long-term  care  facility"
means a private home, institution,  building,  residence,  or
any  other  place,  whether  operated for profit or not, or a
county home for  the  infirm  and  chronically  ill  operated
pursuant  to  Division  5-21 or 5-22 of the Counties Code, or
any similar institution operated by a  political  subdivision
of  the  State  of  Illinois,  which  provides,  through  its
ownership  or  management,  personal  care, sheltered care or
nursing for 3 or more persons, not related to  the  applicant
or  owner  by blood or marriage.  It includes skilled nursing
facilities and intermediate care facilities  as  those  terms
are  defined  in  Title  XVIII  and  Title XIX of the Federal
Social Security Act. It also includes homes, institutions, or
other places operated  by  or  under  the  authority  of  the
Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
    (1)  A  home, institution, or other place operated by the
federal government or agency thereof,  or  by  the  State  of
Illinois,  other  than  homes,  institutions, or other places
operated by or under the authority of the Illinois Department
of Veterans' Affairs;
    (2)  A hospital, sanitarium, or other  institution  whose
principal  activity  or  business is the diagnosis, care, and
treatment  of  human  illness  through  the  maintenance  and
operation as organized facilities therefor, which is required
to be licensed under the Hospital Licensing Act;
    (3)  Any "facility for child  care"  as  defined  in  the
Child Care Act of 1969;
    (4)  Any  "Community  Living  Facility" as defined in the
Community Living Facilities Licensing Act;
    (5)  Any "community residential alternative"  as  defined
in the Community Residential Alternatives Licensing Act;
    (6)  Any  nursing  home  or sanatorium 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.  However, such nursing home or sanatorium shall
comply with all local laws and rules relating  to  sanitation
and safety;
    (7)  Any  facility  licensed  by  the Department of Human
Services as  a  community-integrated  living  arrangement  as
defined   in  the  Community-Integrated  Living  Arrangements
Licensure and Certification Act;
    (8)  Any  "Supportive  Residence"  licensed   under   the
Supportive Residences Licensing Act; or
    (9)  Any  "supportive  living  facility" in good standing
with the  demonstration  project  established  under  Section
5-5.01a of the Illinois Public Aid Code; or.
    (11)  An    Alzheimer's    disease    management   center
alternative health care model licensed under the  Alternative
Health Care Delivery Act.
(Source:  P.A.  89-499,  eff.  6-28-96;  89-507, eff. 7-1-97;
90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)

    (Text of Section after amendment by P.A. 91-656)
    Sec.  1-113.  "Facility"  or  "long-term  care  facility"
means a private home, institution,  building,  residence,  or
any  other  place,  whether  operated for profit or not, or a
county home for  the  infirm  and  chronically  ill  operated
pursuant  to  Division  5-21 or 5-22 of the Counties Code, or
any similar institution operated by a  political  subdivision
of  the  State  of  Illinois,  which  provides,  through  its
ownership  or  management,  personal  care, sheltered care or
nursing for 3 or more persons, not related to  the  applicant
or  owner  by blood or marriage.  It includes skilled nursing
facilities and intermediate care facilities  as  those  terms
are  defined  in  Title  XVIII  and  Title XIX of the Federal
Social Security Act. It also includes homes, institutions, or
other places operated  by  or  under  the  authority  of  the
Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
    (1)  A  home, institution, or other place operated by the
federal government or agency thereof,  or  by  the  State  of
Illinois,  other  than  homes,  institutions, or other places
operated by or under the authority of the Illinois Department
of Veterans' Affairs;
    (2)  A hospital, sanitarium, or other  institution  whose
principal  activity  or  business is the diagnosis, care, and
treatment  of  human  illness  through  the  maintenance  and
operation as organized facilities therefor, which is required
to be licensed under the Hospital Licensing Act;
    (3)  Any "facility for child  care"  as  defined  in  the
Child Care Act of 1969;
    (4)  Any  "Community  Living  Facility" as defined in the
Community Living Facilities Licensing Act;
    (5)  Any "community residential alternative"  as  defined
in the Community Residential Alternatives Licensing Act;
    (6)  Any  nursing  home  or sanatorium 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.  However, such nursing home or sanatorium shall
comply with all local laws and rules relating  to  sanitation
and safety;
    (7)  Any  facility  licensed  by  the Department of Human
Services as  a  community-integrated  living  arrangement  as
defined   in  the  Community-Integrated  Living  Arrangements
Licensure and Certification Act;
    (8)  Any  "Supportive  Residence"  licensed   under   the
Supportive Residences Licensing Act;
    (9)  Any  "supportive  living  facility" in good standing
with the  demonstration  project  established  under  Section
5-5.01a of the Illinois Public Aid Code; or
    (10)  Any assisted living or shared housing establishment
licensed  under  the  Assisted Living and Shared Housing Act;
or.
    (11)  An   Alzheimer's    disease    management    center
alternative  health care model licensed under the Alternative
Health Care Delivery Act.
(Source: P.A.  90-14,  eff.  7-1-97;  90-763,  eff.  8-14-98;
91-656, eff. 1-1-01.)

    Section  20.   The  Hospital  Licensing Act is amended by
changing Section 3 as follows:

    (210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
    Sec. 3.  As used in this Act:
    (A)  "Hospital" means any institution,  place,  building,
or agency, public or private, whether organized for profit or
not,  devoted  primarily  to the 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.
    The term "hospital", without regard to  length  of  stay,
shall also include:
         (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;
         (b)  all places where pregnant females are received,
    cared for, or treated during delivery irrespective of the
    number of patients received.
    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.
    The term "hospital" does not include:
         (1)  any  person  or  institution  required  to   be
    licensed  pursuant  to  the  Nursing  Home  Care  Act, as
    amended;
         (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 Abuse and
    Dependency Act; 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; or.
         (7)  An   Alzheimer's   disease   management  center
    alternative  health  care  model   licensed   under   the
    Alternative Health Care Delivery Act.
    (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.
    (C)  "Department"  means  the Department of Public Health
of the State of Illinois.
    (D)  "Director" means the Director of  Public  Health  of
the State of Illinois.
    (E)  "Perinatal"  means  the  period  of time between the
conception of an infant and the end of the first month  after
birth.
    (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  procurement  agency  for  the
purposes of this Act.
    (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 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.
(Source: P.A. 88-670, eff. 12-2-94; 89-393, eff. 8-20-95.)

    Section  95.   No  acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.

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

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