Illinois General Assembly - Full Text of HB0738
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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:
 
210 ILCS 3/30

    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.


LRB102 05101 CPF 15121 b

 

 

A BILL FOR

 

HB0738LRB102 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
17follows:
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 12 10 birth center
19alternative health care models in the demonstration program,
20located 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
15Department shall be located in or predominantly serve the
16residents of a health professional shortage area as determined
17by the United States Department of Health and Human Services.
18There shall be no more than 2 birth centers authorized to
19operate in any single health planning area for obstetric
20services as determined under the Illinois Health Facilities
21Planning Act. If a birth center is located outside of a health
22professional shortage area, (i) the birth center shall be
23located in a health planning area with a demonstrated need for
24obstetrical service beds, as determined by the Health
25Facilities and Services Review Board or (ii) there must be a
26reduction in the existing number of obstetrical service beds

 

 

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

 

 

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1requirements may apply within 3 years after August 25, 2009
2(the effective date of Public Act 96-669) for a Certificate of
3Need 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
22alternative health care model that does not substantially
23comply with the provisions of this Act and the rules adopted
24under this Act if (i) the Department finds that the
25alternative health care model has undertaken changes and
26corrections which upon completion will render the alternative

 

 

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1health care model in substantial compliance with this Act and
2rules and (ii) the health and safety of the patients of the
3alternative health care model will be protected during the
4period for which the provisional license is issued. The
5Department shall advise the licensee of the conditions under
6which the provisional license is issued, including the manner
7in which the alternative health care model fails to comply
8with the provisions of this Act and rules, and the time within
9which the changes and corrections necessary for the
10alternative health care model to substantially comply with
11this Act and rules shall be completed.
12    (d) Alternative health care models shall seek
13certification under Titles XVIII and XIX of the federal Social
14Security Act. In addition, alternative health care models
15shall provide charitable care consistent with that provided by
16comparable health care providers in the geographic area.
17    (d-5) (Blank).
18    (e) Alternative health care models shall, to the extent
19possible, link and integrate their services with nearby health
20care facilities.
21    (f) Each alternative health care model shall implement a
22quality assurance program with measurable benefits and at
23reasonable cost.
24(Source: P.A. 98-629, eff. 1-1-15; 98-756, eff. 7-16-14;
2599-78, eff. 7-20-15.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.