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92_SB0933
LRB9205026LBmb
1 AN ACT concerning health facilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Hospital Licensing Act is amended by
5 changing Section 3 and adding Sections 10.5 and 10.6 as
6 follows:
7 (210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
8 Sec. 3. As used in this Act:
9 (A) "Hospital" means any institution, place, building,
10 or agency, public or private, whether organized for profit or
11 not, devoted primarily to the maintenance and operation of
12 facilities for the diagnosis and treatment or care of 2 or
13 more unrelated persons admitted for overnight stay or longer
14 in order to obtain medical, including obstetric, psychiatric
15 and nursing, care of illness, disease, injury, infirmity, or
16 deformity.
17 The term "hospital", without regard to length of stay,
18 shall also include:
19 (a) any facility which is devoted primarily to
20 providing psychiatric and related services and programs
21 for the diagnosis and treatment or care of 2 or more
22 unrelated persons suffering from emotional or nervous
23 diseases;
24 (b) all places where pregnant females are received,
25 cared for, or treated during delivery irrespective of the
26 number of patients received.
27 The term "hospital" includes general and specialized
28 hospitals, tuberculosis sanitaria, mental or psychiatric
29 hospitals and sanitaria, and includes maternity homes,
30 lying-in homes, and homes for unwed mothers in which care is
31 given during delivery.
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1 The term "hospital" does not include:
2 (1) any person or institution required to be
3 licensed pursuant to the Nursing Home Care Act, as
4 amended;
5 (2) hospitalization or care facilities maintained
6 by the State or any department or agency thereof, where
7 such department or agency has authority under law to
8 establish and enforce standards for the hospitalization
9 or care facilities under its management and control;
10 (3) hospitalization or care facilities maintained
11 by the federal government or agencies thereof;
12 (4) hospitalization or care facilities maintained
13 by any university or college established under the laws
14 of this State and supported principally by public funds
15 raised by taxation;
16 (5) any person or facility required to be licensed
17 pursuant to the Alcoholism and Other Drug Abuse and
18 Dependency Act;
19 (6) any facility operated solely by and for persons
20 who rely exclusively upon treatment by spiritual means
21 through prayer, in accordance with the creed or tenets of
22 any well-recognized church or religious denomination; or
23 (7) An Alzheimer's disease management center
24 alternative health care model licensed under the
25 Alternative Health Care Delivery Act.
26 (B) "Person" means the State, and any political
27 subdivision or municipal corporation, individual, firm,
28 partnership, corporation, company, association, or joint
29 stock association, or the legal successor thereof.
30 (C) "Department" means the Department of Public Health
31 of the State of Illinois.
32 (D) "Director" means the Director of Public Health of
33 the State of Illinois.
34 (E) "Perinatal" means the period of time between the
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1 conception of an infant and the end of the first month after
2 birth.
3 (F) "Federally designated organ procurement agency"
4 means the organ procurement agency designated by the
5 Secretary of the U.S. Department of Health and Human Services
6 for the service area in which a hospital is located; except
7 that in the case of a hospital located in a county adjacent
8 to Wisconsin which currently contracts with an organ
9 procurement agency located in Wisconsin that is not the organ
10 procurement agency designated by the U.S. Secretary of Health
11 and Human Services for the service area in which the hospital
12 is located, if the hospital applies for a waiver pursuant to
13 42 USC 1320b-8(a), it may designate an organ procurement
14 agency located in Wisconsin to be thereafter deemed its
15 federally designated organ procurement agency for the
16 purposes of this Act.
17 (G) "Tissue bank" means any facility or program
18 operating in Illinois that is certified by the American
19 Association of Tissue Banks or the Eye Bank Association of
20 America and is involved in procuring, furnishing, donating,
21 or distributing corneas, bones, or other human tissue for the
22 purpose of injecting, transfusing, or transplanting any of
23 them into the human body. "Tissue bank" does not include a
24 licensed blood bank. For the purposes of this Act, "tissue"
25 does not include organs.
26 (H) "Hospital affiliate" means a corporation,
27 partnership, joint venture, limited liability company, or
28 similar organization, other than a hospital, devoted
29 primarily to the maintenance and operation of facilities for
30 the diagnosis and treatment or care of individuals seeking
31 health care services, that is affiliated with a hospital
32 through contract, ownership, or otherwise, where the hospital
33 directly or indirectly controls, is controlled by, or is
34 under common control with the hospital affiliate. As used in
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1 this subdivision (H), "control" means having at least an
2 equal or majority ownership or membership interest.
3 (Source: P.A. 91-838, eff. 6-16-00.)
4 (210 ILCS 85/10.5 new)
5 Sec. 10.5. Physician employment by hospital affiliates.
6 Hospital affiliates may employ physicians to practice
7 medicine in all of its branches provided that all of the
8 following requirements are met:
9 (1) The employed physician is a member of the medical
10 staff of the hospital or the hospital's affiliate.
11 (2) Either the medical staff of the hospital or the
12 hospital's affiliate periodically reviews the quality of
13 medical services provided by the employed physician.
14 (3) The hospital affiliate and the employed physician
15 sign a statement acknowledging that the employer shall not
16 have or exercise control over or unreasonably interfere with
17 the physician's independent medical judgment. This signed
18 statement may take the form of a provision in the physician's
19 employment contract.
20 (4) The hospital affiliate has established a process and
21 standards under which an employed physician who believes that
22 the employing hospital affiliate has violated the statement
23 required under item (3) may seek review of the violation.
24 (210 ILCS 85/10.6 new)
25 Sec. 10.6. Physician Responsibility. Nothing in this
26 Act shall be construed to relieve a physician of professional
27 or legal responsibility for the care and treatment of persons
28 attended to by him or her.