Full Text of HB0738 102nd General Assembly
HB0738 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0738 Introduced 2/8/2021, by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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Amends the Alternative Health Care Delivery Act. In provisions regarding demonstration program requirements, requires there to be 6 (rather than 4) birth center alternative health care models in the demonstration program located in the area comprising Cook, DuPage, Kane, Lake, McHenry, and Will counties, 2 (rather than one) of which shall be owned or operated by a federally qualified health center. Provides that one birth center alternative health care model in the demonstration program shall be located within Planning Area A-3 to address the disparate perinatal and child health outcomes in Planning Area A-3. Provides that birth centers located in Planning Area A-3 or operated by a federally qualified health center are exempt from the requirements of the Illinois Health Facilities Planning Act or successor Acts. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alternative Health Care Delivery Act is | 5 | | amended by changing Section 30 as follows:
| 6 | | (210 ILCS 3/30)
| 7 | | Sec. 30. Demonstration program requirements. The | 8 | | requirements set forth in
this Section shall apply to | 9 | | demonstration programs.
| 10 | | (a) (Blank).
| 11 | | (a-5) There shall be no more than the total number of | 12 | | postsurgical
recovery care centers with a certificate of need | 13 | | for beds as of January 1, 2008.
| 14 | | (a-10) There shall be no more than a total of 9 children's | 15 | | community-based health care center alternative health care | 16 | | models in the demonstration program, which shall
be located as | 17 | | follows:
| 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 | 5 | | center owned and operated by a
licensed skilled pediatric | 6 | | facility shall be located in each of the areas
designated in | 7 | | this subsection (a-10).
| 8 | | (a-15) There shall be 5 authorized community-based | 9 | | residential
rehabilitation center alternative health care | 10 | | models in the demonstration
program.
| 11 | | (a-20) There shall be an authorized
Alzheimer's disease | 12 | | management center alternative health care model in the
| 13 | | demonstration program. The Alzheimer's disease management | 14 | | center shall be
located in Will
County, owned by a
| 15 | | not-for-profit entity, and endorsed by a resolution approved | 16 | | by the county
board before the effective date of this | 17 | | amendatory Act of the 91st General
Assembly.
| 18 | | (a-25) There shall be no more than 12 10 birth center | 19 | | alternative health care
models in the demonstration program, | 20 | | located as follows:
| 21 | | (1) Six 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. A birth center | 2 | | located in Planning Area A-3 or operated by a federally | 3 | | qualified health center is exempt from the requirements of | 4 | | the Illinois Health Facilities Planning Act or successor | 5 | | Acts .
| 6 | | (2) Three in municipalities with a population of | 7 | | 50,000 or more not
located in the area described in | 8 | | paragraph (1) of this subsection, one of
which shall be | 9 | | owned or operated by a hospital and one of which shall be | 10 | | owned
or operated by a federally qualified health center.
| 11 | | (3) Three in rural areas, one of which shall be owned | 12 | | or operated by a
hospital and one of which shall be owned | 13 | | or operated by a federally qualified
health center.
| 14 | | The first 3 birth centers authorized to operate by the | 15 | | Department shall be
located in or predominantly serve the | 16 | | residents of a health professional
shortage area as determined | 17 | | by the United States Department of Health and Human
Services. | 18 | | There shall be no more than 2 birth centers authorized to | 19 | | operate in
any single health planning area for obstetric | 20 | | services as determined under the
Illinois Health Facilities | 21 | | Planning Act. If a birth center is located outside
of a
health | 22 | | professional shortage area, (i) the birth center shall be | 23 | | located in a
health planning
area with a demonstrated need for | 24 | | obstetrical service beds, as determined by
the Health | 25 | | Facilities and Services Review Board or (ii) there must be a
| 26 | | reduction in
the existing number of obstetrical service beds |
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| 1 | | in the planning area so that
the establishment of the birth | 2 | | center does not result in an increase in the
total number of | 3 | | obstetrical service beds in the health planning area.
| 4 | | (b) Alternative health care models, other than a model | 5 | | authorized under subsection (a-10) or
(a-20), shall obtain a | 6 | | certificate of
need from the Health Facilities and Services | 7 | | Review Board under the Illinois
Health Facilities Planning Act | 8 | | before receiving a license by the
Department.
If, after | 9 | | obtaining its initial certificate of need, an alternative | 10 | | health
care delivery model that is a community based | 11 | | residential rehabilitation center
seeks to
increase the bed | 12 | | capacity of that center, it must obtain a certificate of need
| 13 | | from the Health Facilities and Services Review Board before | 14 | | increasing the bed
capacity. Alternative
health care models in | 15 | | medically underserved areas
shall receive priority in | 16 | | obtaining a certificate of need.
| 17 | | (c) An alternative health care model license shall be | 18 | | issued for a
period of one year and shall be annually renewed | 19 | | if the facility or
program is in substantial compliance with | 20 | | the Department's rules
adopted under this Act. A licensed | 21 | | alternative health care model that continues
to be in | 22 | | substantial compliance after the conclusion of the | 23 | | demonstration
program shall be eligible for annual renewals | 24 | | unless and until a different
licensure program for that type | 25 | | of health care model is established by
legislation, except | 26 | | that a postsurgical recovery care center meeting the following |
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| 1 | | requirements may apply within 3 years after August 25, 2009 | 2 | | (the effective date of Public Act 96-669) for a Certificate of | 3 | | Need permit to operate as a hospital: | 4 | | (1) The postsurgical recovery care center shall apply | 5 | | to the Health Facilities and Services Review Board for a | 6 | | Certificate of Need permit to discontinue the postsurgical | 7 | | recovery care center and to establish a hospital. | 8 | | (2) If the postsurgical recovery care center obtains a | 9 | | Certificate of Need permit to operate as a hospital, it | 10 | | shall apply for licensure as a hospital under the Hospital | 11 | | Licensing Act and shall meet all statutory and regulatory | 12 | | requirements of a hospital. | 13 | | (3) After obtaining licensure as a hospital, any | 14 | | license as an ambulatory surgical treatment center and any | 15 | | license as a postsurgical recovery care center shall be | 16 | | null and void. | 17 | | (4) The former postsurgical recovery care center that | 18 | | receives a hospital license must seek and use its best | 19 | | efforts to maintain certification under Titles XVIII and | 20 | | XIX of the federal Social Security Act. | 21 | | The Department may issue a provisional license to any
| 22 | | alternative health care model that does not substantially | 23 | | comply with the
provisions of this Act and the rules adopted | 24 | | under this Act if (i)
the Department finds that the | 25 | | alternative health care model has undertaken
changes and | 26 | | corrections which upon completion will render the alternative
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| 1 | | health care model in substantial compliance with this Act and | 2 | | rules and
(ii) the health and safety of the patients of the | 3 | | alternative
health care model will be protected during the | 4 | | period for which the provisional
license is issued. The | 5 | | Department shall advise the licensee of
the conditions under | 6 | | which the provisional license is issued, including
the manner | 7 | | in which the alternative health care model fails to comply | 8 | | with
the provisions of this Act and rules, and the time within | 9 | | which the changes
and corrections necessary for the | 10 | | alternative health care model to
substantially comply with | 11 | | this Act and rules shall be completed.
| 12 | | (d) Alternative health care models shall seek | 13 | | certification under Titles
XVIII and XIX of the federal Social | 14 | | Security Act. In addition, alternative
health care models | 15 | | shall provide charitable care consistent with that provided
by | 16 | | comparable health care providers in the geographic area.
| 17 | | (d-5) (Blank).
| 18 | | (e) Alternative health care models shall, to the extent | 19 | | possible,
link and integrate their services with nearby health | 20 | | care facilities.
| 21 | | (f) Each alternative health care model shall implement a | 22 | | quality
assurance program with measurable benefits and at | 23 | | reasonable cost.
| 24 | | (Source: P.A. 98-629, eff. 1-1-15; 98-756, eff. 7-16-14; | 25 | | 99-78, eff. 7-20-15.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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