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Public Act 102-0414


 

Public Act 0414 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0414
 
HB0738 EnrolledLRB102 05101 CPF 15121 b

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

Effective Date: 8/20/2021