State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB1613eng

 
SB1613 Engrossed                               LRB9112970JSpc

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

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The Alternative Health Care Delivery Act is
 6    amended by changing Sections 30 and 35 as follows:

 7        (210 ILCS 3/30)
 8        Sec.  30.   Demonstration  program   requirements.    The
 9    requirements  set  forth  in  this  Section  shall  apply  to
10    demonstration programs.
11        (a)  There shall be no more than:
12             (i)  3  subacute  care  hospital  alternative health
13        care models in the City of Chicago (one of which shall be
14        located on a designated site and shall have been licensed
15        as a hospital under the Illinois Hospital  Licensing  Act
16        within  the  10  years immediately before the application
17        for a license);
18             (ii)  2 subacute care  hospital  alternative  health
19        care  models in the demonstration program for each of the
20        following areas:
21                  (1)  Cook County outside the City of Chicago.
22                  (2)  DuPage,  Kane,  Lake,  McHenry,  and  Will
23             Counties.
24                  (3)  Municipalities with a  population  greater
25             than  50,000  not  located in the areas described in
26             item (i) of subsection (a) and  paragraphs  (1)  and
27             (2) of item (ii) of subsection (a); and
28             (iii)  4  subacute  care hospital alternative health
29        care models in the demonstration program for rural areas.
30        In selecting among applicants for these licenses in rural
31    areas,  the  Health  Facilities  Planning   Board   and   the
 
SB1613 Engrossed            -2-                LRB9112970JSpc
 1    Department  shall  give  preference  to hospitals that may be
 2    unable for economic reasons to provide continued  service  to
 3    the  community  in which they are located unless the hospital
 4    were to receive an alternative health care model license.
 5        (a-5)  There  shall  be  no  more  than  a  total  of  12
 6    postsurgical recovery care  center  alternative  health  care
 7    models in the demonstration program, located as follows:
 8             (1)  Two in the City of Chicago.
 9             (2)  Two in Cook County outside the City of Chicago.
10        At  least  one  of  these shall be owned or operated by a
11        hospital devoted exclusively to caring for children.
12             (3)  Two in Kane, Lake, and McHenry Counties.
13             (4)  Four in municipalities  with  a  population  of
14        50,000  or  more  not  located  in the areas described in
15        paragraphs (1), (2), and (3), 3 of which shall  be  owned
16        or  operated  by  hospitals, at least 2 of which shall be
17        located in  counties  with  a  population  of  less  than
18        175,000,  according  to  the most recent decennial census
19        for which data are available, and one of which  shall  be
20        owned  or  operated  by  an ambulatory surgical treatment
21        center.
22             (5)  Two in rural areas,  both  of  which  shall  be
23        owned or operated by hospitals.
24        There  shall  be  no  postsurgical  recovery  care center
25    alternative health  care  models  located  in  counties  with
26    populations  greater than 600,000 but less than 1,000,000.  A
27    proposed postsurgical recovery care center must be  owned  or
28    operated by a hospital if it is to be located within, or will
29    primarily  serve  the  residents of, a health service area in
30    which more than 60% of  the  gross  patient  revenue  of  the
31    hospitals  within  that  health service area are derived from
32    Medicaid  and  Medicare,  according  to  the  most   recently
33    available  calendar  year  data from the Illinois Health Care
34    Cost Containment Council.  Nothing in  this  paragraph  shall
 
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 1    preclude  a  hospital  and  an  ambulatory surgical treatment
 2    center  from  forming  a  joint  venture  or   developing   a
 3    collaborative  agreement  to  own  or  operate a postsurgical
 4    recovery care center.
 5        (a-10)  There  shall  be  no  more  than  a  total  of  8
 6    children's respite care center alternative health care models
 7    in the demonstration  program,  which  shall  be  located  as
 8    follows:
 9             (1)  One in the City of Chicago.
10             (2)  One in Cook County outside the City of Chicago.
11             (3)  A  total  of 2 in the area comprised of DuPage,
12        Kane, Lake, McHenry, and Will counties.
13             (4)  A  total  of  2  in   municipalities   with   a
14        population  of  50,000  or  more  and  not located in the
15        areas described in paragraphs (1), (2), or (3).
16             (5)  A total of 2 in rural areas, as defined by  the
17        Health Facilities Planning Board.
18        No  more than one children's respite care model owned and
19    operated by a licensed skilled pediatric  facility  shall  be
20    located  in  each  of the areas designated in this subsection
21    (a-10).
22        (a-15)  There  shall  be  an  authorized  community-based
23    residential rehabilitation  center  alternative  health  care
24    model  in  the  demonstration  program.   The community-based
25    residential rehabilitation center shall  be  located  in  the
26    area of Illinois south of Interstate Highway 70.
27        (a-20)  There  shall be an authorized Alzheimer's disease
28    management  center  alternative  health  care  model  in  the
29    demonstration program.  The  Alzheimer's  disease  management
30    center   shall   be  located  in  Will  County,  owned  by  a
31    not-for-profit entity, and endorsed by a resolution  approved
32    by  the  county  board  before  the  effective  date  of this
33    amendatory Act of the 91st General Assembly.
34        (b)  Alternative health care models, other than  a  model
 
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 1    authorized   under   subsection   (a-20),   shall   obtain  a
 2    certificate of  need  from  the  Illinois  Health  Facilities
 3    Planning  Board under the Illinois Health Facilities Planning
 4    Act before receiving a license by the Department.  If,  after
 5    obtaining  its  initial  certificate  of need, an alternative
 6    health  care  delivery  model  that  is  a  community   based
 7    residential  rehabilitation  center seeks to increase the bed
 8    capacity of that center, it must obtain a certificate of need
 9    from the Illinois Health  Facilities  Planning  Board  before
10    increasing the bed capacity.  Alternative  health care models
11    in  medically  underserved  areas  shall  receive priority in
12    obtaining a certificate of need.
13        (c)  An alternative health care model  license  shall  be
14    issued for a period of one year and shall be annually renewed
15    if  the facility or program is in substantial compliance with
16    the Department's rules adopted under  this  Act.  A  licensed
17    alternative  health  care  model  that  continues  to  be  in
18    substantial   compliance   after   the   conclusion   of  the
19    demonstration program shall be eligible for  annual  renewals
20    unless  and until a different licensure program for that type
21    of health care  model  is  established  by  legislation.  The
22    Department may issue a provisional license to any alternative
23    health care model that does not substantially comply with the
24    provisions  of  this Act and the rules adopted under this Act
25    if (i) the Department finds that the alternative health  care
26    model  has  undertaken  changes  and  corrections  which upon
27    completion will render the alternative health care  model  in
28    substantial  compliance  with this Act and rules and (ii) the
29    health and safety of the patients of the  alternative  health
30    care  model will be protected during the period for which the
31    provisional license is issued.  The Department  shall  advise
32    the  licensee  of  the conditions under which the provisional
33    license  is  issued,  including  the  manner  in  which   the
34    alternative  health  care  model  fails  to  comply  with the
 
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 1    provisions of this Act and rules, and the time  within  which
 2    the  changes  and  corrections  necessary for the alternative
 3    health care model to substantially comply with this  Act  and
 4    rules shall be completed.
 5        (d)  Alternative    health   care   models   shall   seek
 6    certification under Titles  XVIII  and  XIX  of  the  federal
 7    Social  Security  Act.   In addition, alternative health care
 8    models shall provide charitable  care  consistent  with  that
 9    provided   by   comparable   health  care  providers  in  the
10    geographic area.
11        (d-5)  The  Illinois  Department  of   Public   Aid,   in
12    cooperation  with  the  Illinois Department of Public Health,
13    shall develop and implement a reimbursement  methodology  for
14    all  facilities  participating  in the demonstration program.
15    The Illinois Department of Public Aid shall keep a record  of
16    services   provided   under   the  demonstration  program  to
17    recipients of medical assistance under  the  Illinois  Public
18    Aid   Code   and  shall  submit  an  annual  report  of  that
19    information to the Illinois Department of Public Health.
20        (e)  Alternative health care models shall, to the  extent
21    possible,  link  and  integrate  their  services  with nearby
22    health care facilities.
23        (f)  Each alternative health care model shall implement a
24    quality assurance program with  measurable  benefits  and  at
25    reasonable cost.
26    (Source: P.A. 91-65, eff. 7-9-99.)

27        (210 ILCS 3/35)
28        Sec.  35.   Alternative  health  care  models authorized.
29    Notwithstanding any other law to  the  contrary,  alternative
30    health   care   models  described  in  this  Section  may  be
31    established on a demonstration basis.
32             (1)  Alternative health care  model;  subacute  care
33        hospital.   A subacute care hospital is a designated site
 
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 1        which provides medical specialty care  for  patients  who
 2        need  a  greater  intensity  or  complexity  of care than
 3        generally provided in a skilled nursing facility but  who
 4        no longer require acute hospital care. The average length
 5        of  stay  for patients treated in subacute care hospitals
 6        shall not be  less  than  20  days,  and  for  individual
 7        patients,  the  expected  length  of  stay at the time of
 8        admission shall not be less  than  10  days.   Variations
 9        from  minimum  lengths  of  stay shall be reported to the
10        Department.  There shall be no more than 13 subacute care
11        hospitals  authorized  to  operate  by  the   Department.
12        Subacute  care includes physician supervision, registered
13        nursing, and  physiological  monitoring  on  a  continual
14        basis.  A subacute care hospital is either a freestanding
15        building or a distinct physical  and  operational  entity
16        within  a  hospital or nursing home building.  A subacute
17        care  hospital  shall  only  consist  of  beds  currently
18        existing  in  licensed  hospitals  or   skilled   nursing
19        facilities,   except,  in  the  City  of  Chicago,  on  a
20        designated site that was licensed as a hospital under the
21        Illinois Hospital  Licensing  Act  within  the  10  years
22        immediately  before  the  application  for an alternative
23        health care model license. During the period of operation
24        of the demonstration project, the existing licensed  beds
25        shall  remain  licensed  as  hospital  or skilled nursing
26        facility beds as well as being licensed under  this  Act.
27        In  order  to handle cases of complications, emergencies,
28        or exigent circumstances, a subacute care hospital  shall
29        maintain a contractual relationship, including a transfer
30        agreement,  with  a  general  acute  care hospital.  If a
31        subacute care model is located in a  general  acute  care
32        hospital,  it  shall  utilize all or a portion of the bed
33        capacity of that existing hospital.  In no event shall  a
34        subacute  care  hospital  use  the word "hospital" in its
 
SB1613 Engrossed            -7-                LRB9112970JSpc
 1        advertising or marketing activities or represent or  hold
 2        itself  out  to  the  public  as  a  general  acute  care
 3        hospital.
 4             (2)  Alternative   health   care   delivery   model;
 5        postsurgical   recovery   care  center.   A  postsurgical
 6        recovery care center is a designated site which  provides
 7        postsurgical recovery care for generally healthy patients
 8        undergoing  surgical  procedures  that  require overnight
 9        nursing care, pain control,  or  observation  that  would
10        otherwise   be  provided  in  an  inpatient  setting.   A
11        postsurgical recovery care center is either  freestanding
12        or  a  defined  unit  of an ambulatory surgical treatment
13        center  or  hospital.  No  facility,  or  portion  of   a
14        facility, may participate in a demonstration program as a
15        postsurgical recovery care center unless the facility has
16        been  licensed as an ambulatory surgical treatment center
17        or hospital for at least 2 years before August  20,  1993
18        (the  effective  date of Public Act 88-441).  The maximum
19        length of stay for patients in  a  postsurgical  recovery
20        care center is not to exceed 48 hours unless the treating
21        physician requests an extension of time from the recovery
22        center's  medical  director  on  the  basis of medical or
23        clinical documentation that an additional care period  is
24        required  for  the  recovery of a patient and the medical
25        director approves the extension of  time.   In  no  case,
26        however,   shall   a   patient's  length  of  stay  in  a
27        postsurgical recovery  care  center  be  longer  than  72
28        hours.  If  a  patient requires an additional care period
29        after the expiration of the 72-hour  limit,  the  patient
30        shall be transferred to an appropriate facility.  Reports
31        on  variances from the 48-hour limit shall be sent to the
32        Department for its evaluation.  The reports shall, before
33        submission to the Department, have removed from them  all
34        patient  and  physician  identifiers.  In order to handle
 
SB1613 Engrossed            -8-                LRB9112970JSpc
 1        cases   of   complications,   emergencies,   or   exigent
 2        circumstances, every postsurgical recovery care center as
 3        defined in this paragraph shall  maintain  a  contractual
 4        relationship,  including  a  transfer  agreement,  with a
 5        general acute care  hospital.   A  postsurgical  recovery
 6        care   center   shall  be  no  larger  than  20  beds.  A
 7        postsurgical recovery care center shall be located within
 8        15 minutes  travel  time  from  the  general  acute  care
 9        hospital  with  which  the center maintains a contractual
10        relationship, including a transfer agreement, as required
11        under this paragraph.
12             No   postsurgical   recovery   care   center   shall
13        discriminate  against  any  patient  requiring  treatment
14        because of the source of payment for services,  including
15        Medicare and Medicaid recipients.
16             The  Department  shall  adopt rules to implement the
17        provisions of Public Act 88-441  concerning  postsurgical
18        recovery  care  centers  within 9 months after August 20,
19        1993.
20             (3)  Alternative   health   care   delivery   model;
21        children's respite care  center.   A  children's  respite
22        care  center  model  is  a  designated site that provides
23        respite for medically frail,  technologically  dependent,
24        clinically stable children, up to age 18, for a period of
25        one  to  14  days.   This  care  is  to  be provided in a
26        home-like  environment  that  serves  no  more  than   10
27        children  at  a  time.  Children's  respite  care  center
28        services  must  be  available  through  the  model to all
29        families, including those whose care is paid for  through
30        the  Illinois  Department  of  Public Aid or the Illinois
31        Department of Children and Family Services.  Each respite
32        care  model  location  shall  be  a  facility  physically
33        separate and apart from any other  facility  licensed  by
34        the  Department  of Public Health under this or any other
 
SB1613 Engrossed            -9-                LRB9112970JSpc
 1        Act and  shall  provide,  at  a  minimum,  the  following
 2        services:  out-of-home  respite  care;  hospital  to home
 3        training  for  families  and   caregivers;   short   term
 4        transitional  care  to  facilitate placement and training
 5        for  foster  care  parents;  parent  and  family  support
 6        groups.
 7             Coverage for the services provided by  the  Illinois
 8        Department  of  Public  Aid  under  this paragraph (3) is
 9        contingent upon federal waiver approval and  is  provided
10        only  to  Medicaid  eligible clients participating in the
11        home and community based services  waiver  designated  in
12        Section  1915(c) of the Social Security Act for medically
13        frail and technologically dependent children.
14             (4)  Alternative   health   care   delivery   model;
15        community based residential  rehabilitation  center.    A
16        community-based  residential  rehabilitation center model
17        is a designated  site  that  provides  rehabilitation  or
18        support, or both, for persons who have experienced severe
19        brain injury, who are medically stable, and who no longer
20        require  acute  rehabilitative care or intense medical or
21        nursing services.   The  average  length  of  stay  in  a
22        community-based  residential  rehabilitation center shall
23        not exceed 4 months.  As an integral part of the services
24        provided, individuals are housed in a  supervised  living
25        setting  while  having immediate access to the community.
26        The residential rehabilitation center authorized  by  the
27        Department  may  have  more  than  one residence included
28        under the license.  A residence may be no larger than  12
29        beds  and  shall  be  located  as an integral part of the
30        community.  Day treatment  or  individualized  outpatient
31        services  shall  be  provided  for  persons who reside in
32        their  own  home.   Functional  outcome  goals  shall  be
33        established for each individual.  Services shall include,
34        but are not limited to,  case  management,  training  and
 
SB1613 Engrossed            -10-               LRB9112970JSpc
 1        assistance  with  activities  of  daily  living,  nursing
 2        consultation,     traditional     therapies    (physical,
 3        occupational, speech), functional  interventions  in  the
 4        residence   and   community   (job  placement,  shopping,
 5        banking,   recreation),    counseling,    self-management
 6        strategies,    productive    activities,   and   multiple
 7        opportunities  for   skill   acquisition   and   practice
 8        throughout the day.  The design of individualized program
 9        plans shall be consistent with the outcome goals that are
10        established  for each resident.  The programs provided in
11        this setting shall be accredited  by  the  Commission  on
12        Accreditation  of  Rehabilitation Facilities (CARF).  The
13        program shall have been accredited by  CARF  as  a  Brain
14        Injury  Community-Integrative  Program  for  at  least  3
15        years.
16             (5)  Alternative   health   care   delivery   model;
17        Alzheimer's  disease  management  center.  An Alzheimer's
18        disease management center model is a designated site that
19        provides a safe and secure setting for  care  of  persons
20        diagnosed   with  Alzheimer's  disease.   An  Alzheimer's
21        disease management  center  model  shall  be  a  facility
22        separate   from   any  other  facility  licensed  by  the
23        Department of Public Health under this or any other  Act.
24        An  Alzheimer's  disease  management center shall conduct
25        and document an  assessment  of  each  resident  every  6
26        months.   The  assessment  shall include an evaluation of
27        daily  functioning,  cognitive  status,   other   medical
28        conditions,  and  behavioral  problems.   An  Alzheimer's
29        disease  management center shall develop and implement an
30        ongoing treatment plan for each resident.  The  treatment
31        plan  shall  have  defined goals. The Alzheimer's disease
32        management center shall  treat  behavioral  problems  and
33        mood  disorders using nonpharmacologic approaches such as
34        environmental  modification,  task  simplification,   and
 
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 1        other   appropriate   activities.  All  staff  must  have
 2        necessary training to care for all stages of  Alzheimer's
 3        Disease.   An Alzheimer's disease management center shall
 4        provide  education  and   support   for   residents   and
 5        caregivers.   The  education  and  support  shall include
 6        referrals  to  support  organizations   for   educational
 7        materials  on  community resources, support groups, legal
 8        and financial issues, respite care, and future care needs
 9        and  options.   The  education  and  support  shall  also
10        include a discussion  of  the  resident's  need  to  make
11        advance directives and to identify surrogates for medical
12        and   legal  decision-making.   The  provisions  of  this
13        paragraph establish the minimum level  of  services  that
14        must  be  provided  by  an Alzheimer's disease management
15        center.  An Alzheimer's disease management  center  model
16        shall  have  no more than 100 residents.  Nothing in this
17        paragraph (5) shall be construed as prohibiting a  person
18        or  facility  from providing services and care to persons
19        with Alzheimer's disease as  otherwise  authorized  under
20        State law.
21    (Source: P.A. 91-65, eff. 7-9-99; 91-357, eff. 7-29-99.)

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

24        (210 ILCS 4/10)
25        (Text of Section before amendment by P.A. 91-656)
26        Sec.  10.   Facility  defined.   As  used  in  this  Act,
27    "facility" means a facility licensed or permitted  under  the
28    Nursing  Home  Care  Act,  the Life Care Facility Act, or the
29    Community Living  Facilities  Licensing  Act,  or  subsection
30    (a-20)  of Section 30 of the Alternative Health Care Delivery
31    Act.
32    (Source: P.A. 90-341, eff. 1-1-98.)
 
SB1613 Engrossed            -12-               LRB9112970JSpc
 1        (Text of Section after amendment by P.A. 91-656)
 2        Sec.  10.   Facility  defined.   As  used  in  this  Act,
 3    "facility" means a facility licensed or permitted  under  the
 4    Nursing  Home  Care  Act,  the  Life  Care  Facility Act, the
 5    Assisted Living and Shared  Housing  Act,  or  the  Community
 6    Living  Facilities  Licensing  Act,  or  subsection (a-20) of
 7    Section 30 of the Alternative Health Care Delivery Act.
 8    (Source: P.A. 90-341, eff. 1-1-98; 91-656, eff. 1-1-01.)

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

11        (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
12        (Text of Section before amendment by P.A. 91-656)
13        Sec.  1-113.  "Facility"  or  "long-term  care  facility"
14    means  a  private  home, institution, building, residence, or
15    any other place, whether operated for profit  or  not,  or  a
16    county  home  for  the  infirm  and  chronically ill operated
17    pursuant to Division 5-21 or 5-22 of the  Counties  Code,  or
18    any  similar  institution operated by a political subdivision
19    of  the  State  of  Illinois,  which  provides,  through  its
20    ownership or management, personal  care,  sheltered  care  or
21    nursing  for  3 or more persons, not related to the applicant
22    or owner by blood or marriage.  It includes  skilled  nursing
23    facilities  and  intermediate  care facilities as those terms
24    are defined in Title XVIII  and  Title  XIX  of  the  Federal
25    Social Security Act. It also includes homes, institutions, or
26    other  places  operated  by  or  under  the  authority of the
27    Illinois Department of Veterans' Affairs.
28        "Facility" does not include the following:
29        (1)  A home, institution, or other place operated by  the
30    federal  government  or  agency  thereof,  or by the State of
31    Illinois, other than homes,  institutions,  or  other  places
32    operated by or under the authority of the Illinois Department
 
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 1    of Veterans' Affairs;
 2        (2)  A  hospital,  sanitarium, or other institution whose
 3    principal activity or business is the  diagnosis,  care,  and
 4    treatment  of  human  illness  through  the  maintenance  and
 5    operation as organized facilities therefor, which is required
 6    to be licensed under the Hospital Licensing Act;
 7        (3)  Any  "facility  for  child  care"  as defined in the
 8    Child Care Act of 1969;
 9        (4)  Any "Community Living Facility" as  defined  in  the
10    Community Living Facilities Licensing Act;
11        (5)  Any  "community  residential alternative" as defined
12    in the Community Residential Alternatives Licensing Act;
13        (6)  Any nursing home or sanatorium  operated  solely  by
14    and  for  persons  who  rely  exclusively  upon  treatment by
15    spiritual means through prayer, in accordance with the  creed
16    or   tenets   of  any  well-recognized  church  or  religious
17    denomination. However, such nursing home or sanatorium  shall
18    comply  with  all local laws and rules relating to sanitation
19    and safety;
20        (7)  Any facility licensed by  the  Department  of  Human
21    Services  as  a  community-integrated  living  arrangement as
22    defined  in  the  Community-Integrated  Living   Arrangements
23    Licensure and Certification Act;
24        (8)  Any   "Supportive   Residence"  licensed  under  the
25    Supportive Residences Licensing Act; or
26        (9)  Any "supportive living facility"  in  good  standing
27    with  the  demonstration  project  established  under Section
28    5-5.01a of the Illinois Public Aid Code; or.
29        (11)  An   Alzheimer's    disease    management    center
30    alternative  health care model licensed under the Alternative
31    Health Care Delivery Act.
32    (Source: P.A. 89-499,  eff.  6-28-96;  89-507,  eff.  7-1-97;
33    90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)

34        (Text of Section after amendment by P.A. 91-656)
 
SB1613 Engrossed            -14-               LRB9112970JSpc
 1        Sec.  1-113.  "Facility"  or  "long-term  care  facility"
 2    means  a  private  home, institution, building, residence, or
 3    any other place, whether operated for profit  or  not,  or  a
 4    county  home  for  the  infirm  and  chronically ill operated
 5    pursuant to Division 5-21 or 5-22 of the  Counties  Code,  or
 6    any  similar  institution operated by a political subdivision
 7    of  the  State  of  Illinois,  which  provides,  through  its
 8    ownership or management, personal  care,  sheltered  care  or
 9    nursing  for  3 or more persons, not related to the applicant
10    or owner by blood or marriage.  It includes  skilled  nursing
11    facilities  and  intermediate  care facilities as those terms
12    are defined in Title XVIII  and  Title  XIX  of  the  Federal
13    Social Security Act. It also includes homes, institutions, or
14    other  places  operated  by  or  under  the  authority of the
15    Illinois Department of Veterans' Affairs.
16        "Facility" does not include the following:
17        (1)  A home, institution, or other place operated by  the
18    federal  government  or  agency  thereof,  or by the State of
19    Illinois, other than homes,  institutions,  or  other  places
20    operated by or under the authority of the Illinois Department
21    of Veterans' Affairs;
22        (2)  A  hospital,  sanitarium, or other institution whose
23    principal activity or business is the  diagnosis,  care,  and
24    treatment  of  human  illness  through  the  maintenance  and
25    operation as organized facilities therefor, which is required
26    to be licensed under the Hospital Licensing Act;
27        (3)  Any  "facility  for  child  care"  as defined in the
28    Child Care Act of 1969;
29        (4)  Any "Community Living Facility" as  defined  in  the
30    Community Living Facilities Licensing Act;
31        (5)  Any  "community  residential alternative" as defined
32    in the Community Residential Alternatives Licensing Act;
33        (6)  Any nursing home or sanatorium  operated  solely  by
34    and  for  persons  who  rely  exclusively  upon  treatment by
 
SB1613 Engrossed            -15-               LRB9112970JSpc
 1    spiritual means through prayer, in accordance with the  creed
 2    or   tenets   of  any  well-recognized  church  or  religious
 3    denomination. However, such nursing home or sanatorium  shall
 4    comply  with  all local laws and rules relating to sanitation
 5    and safety;
 6        (7)  Any facility licensed by  the  Department  of  Human
 7    Services  as  a  community-integrated  living  arrangement as
 8    defined  in  the  Community-Integrated  Living   Arrangements
 9    Licensure and Certification Act;
10        (8)  Any   "Supportive   Residence"  licensed  under  the
11    Supportive Residences Licensing Act;
12        (9)  Any "supportive living facility"  in  good  standing
13    with  the  demonstration  project  established  under Section
14    5-5.01a of the Illinois Public Aid Code; or
15        (10)  Any assisted living or shared housing establishment
16    licensed under the Assisted Living and  Shared  Housing  Act;
17    or.
18        (11)  An    Alzheimer's    disease    management   center
19    alternative health care model licensed under the  Alternative
20    Health Care Delivery Act.
21    (Source:  P.A.  90-14,  eff.  7-1-97;  90-763,  eff. 8-14-98;
22    91-656, eff. 1-1-01.)

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

25        (210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
26        Sec. 3.  As used in this Act:
27        (A)  "Hospital"  means  any institution, place, building,
28    or agency, public or private, whether organized for profit or
29    not, devoted primarily to the maintenance  and  operation  of
30    facilities  for  the  diagnosis and treatment or care of 2 or
31    more unrelated persons admitted for overnight stay or  longer
32    in  order to obtain medical, including obstetric, psychiatric
 
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 1    and nursing, care of illness, disease, injury, infirmity,  or
 2    deformity.
 3        The  term  "hospital",  without regard to length of stay,
 4    shall also include:
 5             (a)  any facility  which  is  devoted  primarily  to
 6        providing  psychiatric  and related services and programs
 7        for the diagnosis and treatment or  care  of  2  or  more
 8        unrelated  persons  suffering  from  emotional or nervous
 9        diseases;
10             (b)  all places where pregnant females are received,
11        cared for, or treated during delivery irrespective of the
12        number of patients received.
13        The term  "hospital"  includes  general  and  specialized
14    hospitals,  tuberculosis  sanitaria,  mental  or  psychiatric
15    hospitals   and  sanitaria,  and  includes  maternity  homes,
16    lying-in homes, and homes for unwed mothers in which care  is
17    given during delivery.
18        The term "hospital" does not include:
19             (1)  any   person  or  institution  required  to  be
20        licensed pursuant  to  the  Nursing  Home  Care  Act,  as
21        amended;
22             (2)  hospitalization  or  care facilities maintained
23        by the State or any department or agency  thereof,  where
24        such  department  or  agency  has  authority under law to
25        establish and enforce standards for  the  hospitalization
26        or care facilities under its management and control;
27             (3)  hospitalization  or  care facilities maintained
28        by the federal government or agencies thereof;
29             (4)  hospitalization or care  facilities  maintained
30        by  any  university or college established under the laws
31        of this State and supported principally by  public  funds
32        raised by taxation;
33             (5)  any  person or facility required to be licensed
34        pursuant to the  Alcoholism  and  Other  Drug  Abuse  and
 
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 1        Dependency Act; or
 2             (6)  any facility operated solely by and for persons
 3        who  rely  exclusively  upon treatment by spiritual means
 4        through prayer, in accordance with the creed or tenets of
 5        any well-recognized church or religious denomination; or.
 6             (7)  An  Alzheimer's   disease   management   center
 7        alternative   health   care   model  licensed  under  the
 8        Alternative Health Care Delivery Act.
 9        (B)  "Person"  means  the  State,   and   any   political
10    subdivision   or  municipal  corporation,  individual,  firm,
11    partnership,  corporation,  company,  association,  or  joint
12    stock association, or the legal successor thereof.
13        (C)  "Department" means the Department of  Public  Health
14    of the State of Illinois.
15        (D)  "Director"  means  the  Director of Public Health of
16    the State of Illinois.
17        (E)  "Perinatal" means the period  of  time  between  the
18    conception  of an infant and the end of the first month after
19    birth.
20        (F)  "Federally  designated  organ  procurement   agency"
21    means   the   organ  procurement  agency  designated  by  the
22    Secretary of the U.S. Department of Health and Human Services
23    for the service area in which a hospital is  located;  except
24    that  in  the case of a hospital located in a county adjacent
25    to  Wisconsin  which  currently  contracts  with   an   organ
26    procurement agency located in Wisconsin that is not the organ
27    procurement agency designated by the U.S. Secretary of Health
28    and Human Services for the service area in which the hospital
29    is  located, if the hospital applies for a waiver pursuant to
30    42 USC 1320b-8(a), it  may  designate  an  organ  procurement
31    agency  located  in  Wisconsin  to  be  thereafter deemed its
32    federally  designated  organ  procurement  agency   for   the
33    purposes of this Act.
34        (G)  "Tissue   bank"   means   any  facility  or  program
 
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 1    operating in Illinois  that  is  certified  by  the  American
 2    Association  of  Tissue  Banks or the Eye Bank Association of
 3    America and is involved in procuring,  furnishing,  donating,
 4    or distributing corneas, bones, or other human tissue for the
 5    purpose  of  injecting,  transfusing, or transplanting any of
 6    them into the human body.  "Tissue bank" does not  include  a
 7    licensed  blood bank.  For the purposes of this Act, "tissue"
 8    does not include organs.
 9    (Source: P.A. 88-670, eff. 12-2-94; 89-393, eff. 8-20-95.)

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

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

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