Bill Text: IL HB0738 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Democrat 17-4)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0414 [HB0738 Detail]
Download: Illinois-2021-HB0738-Enrolled.html
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Democrat 17-4)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0414 [HB0738 Detail]
Download: Illinois-2021-HB0738-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Alternative Health Care Delivery Act is | ||||||
5 | amended by changing Section 30 as follows:
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6 | (210 ILCS 3/30)
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7 | Sec. 30. Demonstration program requirements. The | ||||||
8 | requirements set forth in
this Section shall apply to | ||||||
9 | demonstration programs.
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10 | (a) (Blank).
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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.
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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:
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18 | (1) Two in the City of Chicago.
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19 | (2) One in Cook County outside the City of Chicago.
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20 | (3) A total of 2 in the area comprised of DuPage, Kane, | ||||||
21 | Lake, McHenry, and
Will counties.
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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).
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2 | (5) A total of 2 in rural areas, as defined by the | ||||||
3 | Health Facilities
and Services Review Board.
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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).
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8 | (a-15) There shall be 5 authorized community-based | ||||||
9 | residential
rehabilitation center alternative health care | ||||||
10 | models in the demonstration
program.
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11 | (a-20) There shall be an authorized
Alzheimer's disease | ||||||
12 | management center alternative health care model in the
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13 | demonstration program. The Alzheimer's disease management | ||||||
14 | center shall be
located in Will
County, owned by a
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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.
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18 | (a-25) There shall be no more than 17 10 birth center | ||||||
19 | alternative health care
models in the demonstration program, | ||||||
20 | located as follows:
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21 | (1) Ten 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. In addition, 2 birth | ||||||
2 | center alternative health care models shall be located in | ||||||
3 | Planning Area A-2 and 2 birth center alternative health | ||||||
4 | care models shall be located in Planning Area A-4 .
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5 | (2) Three in municipalities with a population of | ||||||
6 | 50,000 or more not
located in the area described in | ||||||
7 | paragraph (1) of this subsection, one of
which shall be | ||||||
8 | owned or operated by a hospital and one of which shall be | ||||||
9 | owned
or operated by a federally qualified health center.
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10 | (3) Three in rural areas, one of which shall be owned | ||||||
11 | or operated by a
hospital and one of which shall be owned | ||||||
12 | or operated by a federally qualified
health center.
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13 | (4) One in the City of East St. Louis in Planning Area | ||||||
14 | F-1. | ||||||
15 | The first 3 birth centers authorized to operate by the | ||||||
16 | Department shall be
located in or predominantly serve the | ||||||
17 | residents of a health professional
shortage area as determined | ||||||
18 | by the United States Department of Health and Human
Services. | ||||||
19 | There shall be no more than 2 birth centers authorized to | ||||||
20 | operate in
any single health planning area for obstetric | ||||||
21 | services as determined under the
Illinois Health Facilities | ||||||
22 | Planning Act. If a birth center is located outside
of a
health | ||||||
23 | professional shortage area, (i) the birth center shall be | ||||||
24 | located in a
health planning
area with a demonstrated need for | ||||||
25 | obstetrical service beds, as determined by
the Health | ||||||
26 | Facilities and Services Review Board or (ii) there must be a
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1 | reduction in
the existing number of obstetrical service beds | ||||||
2 | in the planning area so that
the establishment of the birth | ||||||
3 | center does not result in an increase in the
total number of | ||||||
4 | obstetrical service beds in the health planning area.
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5 | (b) Alternative health care models, other than a model | ||||||
6 | authorized under subsection (a-10) or
(a-20), shall obtain a | ||||||
7 | certificate of
need from the Health Facilities and Services | ||||||
8 | Review Board under the Illinois
Health Facilities Planning Act | ||||||
9 | before receiving a license by the
Department.
If, after | ||||||
10 | obtaining its initial certificate of need, an alternative | ||||||
11 | health
care delivery model that is a community based | ||||||
12 | residential rehabilitation center
seeks to
increase the bed | ||||||
13 | capacity of that center, it must obtain a certificate of need
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14 | from the Health Facilities and Services Review Board before | ||||||
15 | increasing the bed
capacity. Alternative
health care models in | ||||||
16 | medically underserved areas
shall receive priority in | ||||||
17 | obtaining a certificate of need.
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18 | (c) An alternative health care model license shall be | ||||||
19 | issued for a
period of one year and shall be annually renewed | ||||||
20 | if the facility or
program is in substantial compliance with | ||||||
21 | the Department's rules
adopted under this Act. A licensed | ||||||
22 | alternative health care model that continues
to be in | ||||||
23 | substantial compliance after the conclusion of the | ||||||
24 | demonstration
program shall be eligible for annual renewals | ||||||
25 | unless and until a different
licensure program for that type | ||||||
26 | of health care model is established by
legislation, except |
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1 | that a postsurgical recovery care center meeting the following | ||||||
2 | requirements may apply within 3 years after August 25, 2009 | ||||||
3 | (the effective date of Public Act 96-669) for a Certificate of | ||||||
4 | Need permit to operate as a hospital: | ||||||
5 | (1) The postsurgical recovery care center shall apply | ||||||
6 | to the Health Facilities and Services Review Board for a | ||||||
7 | Certificate of Need permit to discontinue the postsurgical | ||||||
8 | recovery care center and to establish a hospital. | ||||||
9 | (2) If the postsurgical recovery care center obtains a | ||||||
10 | Certificate of Need permit to operate as a hospital, it | ||||||
11 | shall apply for licensure as a hospital under the Hospital | ||||||
12 | Licensing Act and shall meet all statutory and regulatory | ||||||
13 | requirements of a hospital. | ||||||
14 | (3) After obtaining licensure as a hospital, any | ||||||
15 | license as an ambulatory surgical treatment center and any | ||||||
16 | license as a postsurgical recovery care center shall be | ||||||
17 | null and void. | ||||||
18 | (4) The former postsurgical recovery care center that | ||||||
19 | receives a hospital license must seek and use its best | ||||||
20 | efforts to maintain certification under Titles XVIII and | ||||||
21 | XIX of the federal Social Security Act. | ||||||
22 | The Department may issue a provisional license to any
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23 | alternative health care model that does not substantially | ||||||
24 | comply with the
provisions of this Act and the rules adopted | ||||||
25 | under this Act if (i)
the Department finds that the | ||||||
26 | alternative health care model has undertaken
changes and |
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1 | corrections which upon completion will render the alternative
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2 | health care model in substantial compliance with this Act and | ||||||
3 | rules and
(ii) the health and safety of the patients of the | ||||||
4 | alternative
health care model will be protected during the | ||||||
5 | period for which the provisional
license is issued. The | ||||||
6 | Department shall advise the licensee of
the conditions under | ||||||
7 | which the provisional license is issued, including
the manner | ||||||
8 | in which the alternative health care model fails to comply | ||||||
9 | with
the provisions of this Act and rules, and the time within | ||||||
10 | which the changes
and corrections necessary for the | ||||||
11 | alternative health care model to
substantially comply with | ||||||
12 | this Act and rules shall be completed.
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13 | (d) Alternative health care models shall seek | ||||||
14 | certification under Titles
XVIII and XIX of the federal Social | ||||||
15 | Security Act. In addition, alternative
health care models | ||||||
16 | shall provide charitable care consistent with that provided
by | ||||||
17 | comparable health care providers in the geographic area.
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18 | (d-5) (Blank).
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19 | (e) Alternative health care models shall, to the extent | ||||||
20 | possible,
link and integrate their services with nearby health | ||||||
21 | care facilities.
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22 | (f) Each alternative health care model shall implement a | ||||||
23 | quality
assurance program with measurable benefits and at | ||||||
24 | reasonable cost.
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25 | (Source: P.A. 98-629, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
26 | 99-78, eff. 7-20-15.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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