Illinois General Assembly - Full Text of HB0738
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Full Text of HB0738  102nd General Assembly




HB0738 EnrolledLRB102 05101 CPF 15121 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 as follows:
6    (210 ILCS 3/30)
7    Sec. 30. Demonstration program requirements. The
8requirements set forth in this Section shall apply to
9demonstration programs.
10    (a) (Blank).
11    (a-5) There shall be no more than the total number of
12postsurgical recovery care centers with a certificate of need
13for beds as of January 1, 2008.
14    (a-10) There shall be no more than a total of 9 children's
15community-based health care center alternative health care
16models in the demonstration program, which shall be located as
18        (1) Two in the City of Chicago.
19        (2) One in Cook County outside the City of Chicago.
20        (3) A total of 2 in the area comprised of DuPage, Kane,
21    Lake, McHenry, and Will counties.
22        (4) A total of 2 in municipalities with a population
23    of 50,000 or more and not located in the areas described in



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1    paragraphs (1), (2), or (3).
2        (5) A total of 2 in rural areas, as defined by the
3    Health Facilities and Services Review Board.
4    No more than one children's community-based health care
5center owned and operated by a licensed skilled pediatric
6facility shall be located in each of the areas designated in
7this subsection (a-10).
8    (a-15) There shall be 5 authorized community-based
9residential rehabilitation center alternative health care
10models in the demonstration program.
11    (a-20) There shall be an authorized Alzheimer's disease
12management center alternative health care model in the
13demonstration program. The Alzheimer's disease management
14center shall be located in Will County, owned by a
15not-for-profit entity, and endorsed by a resolution approved
16by the county board before the effective date of this
17amendatory Act of the 91st General Assembly.
18    (a-25) There shall be no more than 17 10 birth center
19alternative health care models in the demonstration program,
20located as follows:
21        (1) Ten Four in the area comprising Cook, DuPage,
22    Kane, Lake, McHenry, and Will counties, one of which shall
23    be owned or operated by a hospital, 2 and one of which
24    shall be owned or operated by a federally qualified health
25    center, and one of which shall be located within Planning
26    Area A-3 to address the disparate perinatal and child



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1    health outcomes in Planning Area A-3. In addition, 2 birth
2    center alternative health care models shall be located in
3    Planning Area A-2 and 2 birth center alternative health
4    care models shall be located in Planning Area A-4.
5        (2) Three in municipalities with a population of
6    50,000 or more not located in the area described in
7    paragraph (1) of this subsection, one of which shall be
8    owned or operated by a hospital and one of which shall be
9    owned or operated by a federally qualified health center.
10        (3) Three in rural areas, one of which shall be owned
11    or operated by a hospital and one of which shall be owned
12    or operated by a federally qualified health center.
13        (4) One in the City of East St. Louis in Planning Area
14    F-1.
15    The first 3 birth centers authorized to operate by the
16Department shall be located in or predominantly serve the
17residents of a health professional shortage area as determined
18by the United States Department of Health and Human Services.
19There shall be no more than 2 birth centers authorized to
20operate in any single health planning area for obstetric
21services as determined under the Illinois Health Facilities
22Planning Act. If a birth center is located outside of a health
23professional shortage area, (i) the birth center shall be
24located in a health planning area with a demonstrated need for
25obstetrical service beds, as determined by the Health
26Facilities and Services Review Board or (ii) there must be a



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1reduction in the existing number of obstetrical service beds
2in the planning area so that the establishment of the birth
3center does not result in an increase in the total number of
4obstetrical service beds in the health planning area.
5    (b) Alternative health care models, other than a model
6authorized under subsection (a-10) or (a-20), shall obtain a
7certificate of need from the Health Facilities and Services
8Review Board under the Illinois Health Facilities Planning Act
9before receiving a license by the Department. If, after
10obtaining its initial certificate of need, an alternative
11health care delivery model that is a community based
12residential rehabilitation center seeks to increase the bed
13capacity of that center, it must obtain a certificate of need
14from the Health Facilities and Services Review Board before
15increasing the bed capacity. Alternative health care models in
16medically underserved areas shall receive priority in
17obtaining a certificate of need.
18    (c) An alternative health care model license shall be
19issued for a period of one year and shall be annually renewed
20if the facility or program is in substantial compliance with
21the Department's rules adopted under this Act. A licensed
22alternative health care model that continues to be in
23substantial compliance after the conclusion of the
24demonstration program shall be eligible for annual renewals
25unless and until a different licensure program for that type
26of health care model is established by legislation, except



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1that a postsurgical recovery care center meeting the following
2requirements may apply within 3 years after August 25, 2009
3(the effective date of Public Act 96-669) for a Certificate of
4Need permit to operate as a hospital:
5        (1) The postsurgical recovery care center shall apply
6    to the Health Facilities and Services Review Board for a
7    Certificate of Need permit to discontinue the postsurgical
8    recovery care center and to establish a hospital.
9        (2) If the postsurgical recovery care center obtains a
10    Certificate of Need permit to operate as a hospital, it
11    shall apply for licensure as a hospital under the Hospital
12    Licensing Act and shall meet all statutory and regulatory
13    requirements of a hospital.
14        (3) After obtaining licensure as a hospital, any
15    license as an ambulatory surgical treatment center and any
16    license as a postsurgical recovery care center shall be
17    null and void.
18        (4) The former postsurgical recovery care center that
19    receives a hospital license must seek and use its best
20    efforts to maintain certification under Titles XVIII and
21    XIX of the federal Social Security Act.
22    The Department may issue a provisional license to any
23alternative health care model that does not substantially
24comply with the provisions of this Act and the rules adopted
25under this Act if (i) the Department finds that the
26alternative health care model has undertaken changes and



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1corrections which upon completion will render the alternative
2health care model in substantial compliance with this Act and
3rules and (ii) the health and safety of the patients of the
4alternative health care model will be protected during the
5period for which the provisional license is issued. The
6Department shall advise the licensee of the conditions under
7which the provisional license is issued, including the manner
8in which the alternative health care model fails to comply
9with the provisions of this Act and rules, and the time within
10which the changes and corrections necessary for the
11alternative health care model to substantially comply with
12this Act and rules shall be completed.
13    (d) Alternative health care models shall seek
14certification under Titles XVIII and XIX of the federal Social
15Security Act. In addition, alternative health care models
16shall provide charitable care consistent with that provided by
17comparable health care providers in the geographic area.
18    (d-5) (Blank).
19    (e) Alternative health care models shall, to the extent
20possible, link and integrate their services with nearby health
21care facilities.
22    (f) Each alternative health care model shall implement a
23quality assurance program with measurable benefits and at
24reasonable cost.
25(Source: P.A. 98-629, eff. 1-1-15; 98-756, eff. 7-16-14;
2699-78, eff. 7-20-15.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.