97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3700

 

Introduced 2/10/2012, by Sen. Ron Sandack

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 3/30
210 ILCS 3/35.5 new
210 ILCS 5/3  from Ch. 111 1/2, par. 157-8.3

    Amends the Alternative Health Care Delivery Act and the Ambulatory Surgical Treatment Center Act. Provides that there shall be no more than a total of 14 postsurgical recovery care center alternative health care models in the demonstration program under the Alternative Health Care Delivery Act, and specifies the locations and ownership-operator arrangements for those facilities. Provides that nothing in the amendatory provisions precludes 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. Provides that once the Department of Public Health has authorized a total of 14 postsurgical recovery care centers, no new postsurgical recovery care centers shall be authorized for the duration of the demonstration program. Provides that an ambulatory surgical treatment center (ASTC) may provide beds or other accommodations for the overnight stay of patients for up to 23 hours and 59 minutes following admission until the time of discharge (instead of that an ASTC shall not provide beds or other accommodations for the overnight stay of patients, except that facilities devoted exclusively to the treatment of children may provide accommodations and beds for their patients for up to 23 hours following admission). Effective immediately.


LRB097 19910 DRJ 65200 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3700LRB097 19910 DRJ 65200 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Alternative Health Care Delivery Act is
5amended by changing Section 30 and by adding Section 35.5 as
6follows:
 
7    (210 ILCS 3/30)
8    Sec. 30. Demonstration program requirements. The
9requirements set forth in this Section shall apply to
10demonstration programs.
11    (a) (Blank).
12    (a-5) There shall be no more than a the total of 14 number
13of postsurgical recovery care center alternative health care
14models in the demonstration program, located as follows:
15        (1) Two in the City of Chicago.
16        (2) Two in Cook County outside the City of Chicago. At
17    least one of these shall be owned by a hospital devoted
18    exclusively to caring for children.
19        (3) Four in DuPage, Kane, Lake, McHenry, and Will
20    counties.
21        (4) Four in municipalities with a population of 50,000
22    or more and not located in the areas described in
23    paragraphs (1), (2), and (3): 3 of which shall be owned and

 

 

SB3700- 2 -LRB097 19910 DRJ 65200 b

1    operated by hospitals, at least 2 of which shall be located
2    in counties with a population of less than 175,000
3    according to the most recent decennial census for which
4    data are available; and one of which shall be owned and
5    operated by an ambulatory surgical treatment center.
6        (5) Two in rural areas, both of which shall be owned
7    and operated by hospitals.
8    Nothing in this subsection (a-5) precludes a hospital and
9an ambulatory surgical treatment center from forming a joint
10venture or developing a collaborative agreement to own or
11operate a postsurgical recovery care center. centers with a
12certificate of need for beds as of January 1, 2008.
13    (a-10) There shall be no more than a total of 9 children's
14respite care center alternative health care models in the
15demonstration program, which shall be located as follows:
16        (1) Two in the City of Chicago.
17        (2) One in Cook County outside the City of Chicago.
18        (3) A total of 2 in the area comprised of DuPage, Kane,
19    Lake, McHenry, and Will counties.
20        (4) A total of 2 in municipalities with a population of
21    50,000 or more and not located in the areas described in
22    paragraphs (1), (2), or (3).
23        (5) A total of 2 in rural areas, as defined by the
24    Health Facilities and Services Review Board.
25    No more than one children's respite care model owned and
26operated by a licensed skilled pediatric facility shall be

 

 

SB3700- 3 -LRB097 19910 DRJ 65200 b

1located in each of the areas designated in this subsection
2(a-10).
3    (a-15) There shall be 5 authorized community-based
4residential rehabilitation center alternative health care
5models in the demonstration program.
6    (a-20) There shall be an authorized Alzheimer's disease
7management center alternative health care model in the
8demonstration program. The Alzheimer's disease management
9center shall be located in Will County, owned by a
10not-for-profit entity, and endorsed by a resolution approved by
11the county board before the effective date of this amendatory
12Act of the 91st General Assembly.
13    (a-25) There shall be no more than 10 birth center
14alternative health care models in the demonstration program,
15located as follows:
16        (1) Four in the area comprising Cook, DuPage, Kane,
17    Lake, McHenry, and Will counties, one of which shall be
18    owned or operated by a hospital and one of which shall be
19    owned or operated by a federally qualified health center.
20        (2) Three in municipalities with a population of 50,000
21    or more not located in the area described in paragraph (1)
22    of this subsection, one of which shall be owned or operated
23    by a hospital and one of which shall be owned or operated
24    by a federally qualified health center.
25        (3) Three in rural areas, one of which shall be owned
26    or operated by a hospital and one of which shall be owned

 

 

SB3700- 4 -LRB097 19910 DRJ 65200 b

1    or operated by a federally qualified health center.
2    The first 3 birth centers authorized to operate by the
3Department shall be located in or predominantly serve the
4residents of a health professional shortage area as determined
5by the United States Department of Health and Human Services.
6There shall be no more than 2 birth centers authorized to
7operate in any single health planning area for obstetric
8services as determined under the Illinois Health Facilities
9Planning Act. If a birth center is located outside of a health
10professional shortage area, (i) the birth center shall be
11located in a health planning area with a demonstrated need for
12obstetrical service beds, as determined by the Health
13Facilities and Services Review Board or (ii) there must be a
14reduction in the existing number of obstetrical service beds in
15the planning area so that the establishment of the birth center
16does not result in an increase in the total number of
17obstetrical service beds in the health planning area.
18    (b) Alternative health care models, other than a model
19authorized under subsection (a-10) or (a-20), shall obtain a
20certificate of need from the Health Facilities and Services
21Review Board under the Illinois Health Facilities Planning Act
22before receiving a license by the Department. If, after
23obtaining its initial certificate of need, an alternative
24health care delivery model that is a community based
25residential rehabilitation center seeks to increase the bed
26capacity of that center, it must obtain a certificate of need

 

 

SB3700- 5 -LRB097 19910 DRJ 65200 b

1from the Health Facilities and Services Review Board before
2increasing the bed capacity. Alternative health care models in
3medically underserved areas shall receive priority in
4obtaining a certificate of need.
5    (c) An alternative health care model license shall be
6issued for a period of one year and shall be annually renewed
7if the facility or program is in substantial compliance with
8the Department's rules adopted under this Act. A licensed
9alternative health care model that continues to be in
10substantial compliance after the conclusion of the
11demonstration program shall be eligible for annual renewals
12unless and until a different licensure program for that type of
13health care model is established by legislation, except that a
14postsurgical recovery care center meeting the following
15requirements may apply within 3 years after August 25, 2009
16(the effective date of Public Act 96-669) for a Certificate of
17Need permit to operate as a hospital:
18        (1) The postsurgical recovery care center shall apply
19    to the Illinois Health Facilities and Services Review
20    Planning Board for a Certificate of Need permit to
21    discontinue the postsurgical recovery care center and to
22    establish a hospital.
23        (2) If the postsurgical recovery care center obtains a
24    Certificate of Need permit to operate as a hospital, it
25    shall apply for licensure as a hospital under the Hospital
26    Licensing Act and shall meet all statutory and regulatory

 

 

SB3700- 6 -LRB097 19910 DRJ 65200 b

1    requirements of a hospital.
2        (3) After obtaining licensure as a hospital, any
3    license as an ambulatory surgical treatment center and any
4    license as a post-surgical recovery care center shall be
5    null and void.
6        (4) The former postsurgical recovery care center that
7    receives a hospital license must seek and use its best
8    efforts to maintain certification under Titles XVIII and
9    XIX of the federal Social Security Act.
10    The Department may issue a provisional license to any
11alternative health care model that does not substantially
12comply with the provisions of this Act and the rules adopted
13under this Act if (i) the Department finds that the alternative
14health care model has undertaken changes and corrections which
15upon completion will render the alternative health care model
16in substantial compliance with this Act and rules and (ii) the
17health and safety of the patients of the alternative health
18care model will be protected during the period for which the
19provisional license is issued. The Department shall advise the
20licensee of the conditions under which the provisional license
21is issued, including the manner in which the alternative health
22care model fails to comply with the provisions of this Act and
23rules, and the time within which the changes and corrections
24necessary for the alternative health care model to
25substantially comply with this Act and rules shall be
26completed.

 

 

SB3700- 7 -LRB097 19910 DRJ 65200 b

1    (d) Alternative health care models shall seek
2certification under Titles XVIII and XIX of the federal Social
3Security Act. In addition, alternative health care models shall
4provide charitable care consistent with that provided by
5comparable health care providers in the geographic area.
6    (d-5) (Blank).
7    (e) Alternative health care models shall, to the extent
8possible, link and integrate their services with nearby health
9care facilities.
10    (f) Each alternative health care model shall implement a
11quality assurance program with measurable benefits and at
12reasonable cost.
13(Source: P.A. 96-31, eff. 6-30-09; 96-129, eff. 8-4-09; 96-669,
14eff. 8-25-09; 96-812, eff. 1-1-10; 96-1000, eff. 7-2-10;
1596-1071, eff. 7-16-10; 96-1123, eff. 1-1-11; 97-135, eff.
167-14-11; 97-333, eff. 8-12-11; revised 11-18-11.)
 
17    (210 ILCS 3/35.5 new)
18    Sec. 35.5. Postsurgical recovery care centers; limit. Once
19the Department has authorized a total of 14 postsurgical
20recovery care centers as provided in subsection (a-5) of
21Section 30, no new postsurgical recovery care centers shall be
22authorized for the duration of the demonstration program.
 
23    Section 10. The Ambulatory Surgical Treatment Center Act is
24amended by changing Section 3 as follows:
 

 

 

SB3700- 8 -LRB097 19910 DRJ 65200 b

1    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
2    Sec. 3. As used in this Act, unless the context otherwise
3requires, the following words and phrases shall have the
4meanings ascribed to them:
5    (A) "Ambulatory surgical treatment center" means any
6institution, place or building devoted primarily to the
7maintenance and operation of facilities for the performance of
8surgical procedures or any facility in which a medical or
9surgical procedure is utilized to terminate a pregnancy,
10irrespective of whether the facility is devoted primarily to
11this purpose. Such facility may shall not provide beds or other
12accommodations for the overnight stay of patients; however,
13facilities devoted exclusively to the treatment of children may
14provide accommodations and beds for their patients for up to 23
15hours and 59 minutes following admission until the time of
16discharge. Individual patients shall be discharged in an
17ambulatory condition without danger to the continued well being
18of the patients or shall be transferred to a hospital.
19    The term "ambulatory surgical treatment center" does not
20include any of the following:
21        (1) Any institution, place, building or agency
22    required to be licensed pursuant to the "Hospital Licensing
23    Act", approved July 1, 1953, as amended.
24        (2) Any person or institution required to be licensed
25    pursuant to the Nursing Home Care Act, the Specialized

 

 

SB3700- 9 -LRB097 19910 DRJ 65200 b

1    Mental Health Rehabilitation Act, or the ID/DD Community
2    Care Act.
3        (3) Hospitals or ambulatory surgical treatment centers
4    maintained by the State or any department or agency
5    thereof, where such department or agency has authority
6    under law to establish and enforce standards for the
7    hospitals or ambulatory surgical treatment centers under
8    its management and control.
9        (4) Hospitals or ambulatory surgical treatment centers
10    maintained by the Federal Government or agencies thereof.
11        (5) Any place, agency, clinic, or practice, public or
12    private, whether organized for profit or not, devoted
13    exclusively to the performance of dental or oral surgical
14    procedures.
15    (B) "Person" means any individual, firm, partnership,
16corporation, company, association, or joint stock association,
17or the legal successor thereof.
18    (C) "Department" means the Department of Public Health of
19the State of Illinois.
20    (D) "Director" means the Director of the Department of
21Public Health of the State of Illinois.
22    (E) "Physician" means a person licensed to practice
23medicine in all of its branches in the State of Illinois.
24    (F) "Dentist" means a person licensed to practice dentistry
25under the Illinois Dental Practice Act.
26    (G) "Podiatrist" means a person licensed to practice

 

 

SB3700- 10 -LRB097 19910 DRJ 65200 b

1podiatry under the Podiatric Medical Practice Act of 1987.
2(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
3eff. 1-1-12; revised 9-28-11.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.