Bill Text: IL HB3878 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that a health care facility must provide a written pre-closing statement to the Department no less than 90 days before permanently closing its facility. Provides that the statement must address certain matters, including: whether arrangements have been made for the timely transfer of patient records, regardless of format, to another health care facility, a health care practitioner, or another secure facility; whether the health care facility has arranged to provide notice to the public, at least 30 days before closing, of the planned closing of the facility; whether arrangements have been made for the transfer or disposal of hazardous and other waste and the disposition of legend drugs; whether arrangements have been made for securing the health care facility building or buildings and remaining medical equipment; and the intended date upon which business will cease. Also requires a closed health care facility, or its designee, to provide to the Department a written post-closing statement. Effective immediately.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0596 [HB3878 Detail]

Download: Illinois-2009-HB3878-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-67 as follows:
(20 ILCS 2310/2310-67 new)
Sec. 2310-67. Health care facility closure.
(a) In this Section:
"Closing" means ceasing all operations under an existing
facility license that results in patients no longer being
treated at the closed location. The term "closing" does not
include a situation where a facility ceases operations at one
location while contemporaneously establishing a replacement
facility in another location.
"Health care facility" or "facility" means a public or
private hospital, ambulatory surgical treatment center,
nursing home, or kidney disease treatment center.
(b) A hospital must provide a written pre-closing statement
to the Department no less than 90 days before permanently
closing its facility. A health care facility other than a
hospital must provide a written pre-closing statement to the
Department no less than 90 days before permanently closing its

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facility. The statement must address all of the following:
(1) Whether arrangements have been made for the timely
transfer of patient records, regardless of format, to
another health care facility, or another secure facility.
The name of the new location shall be published on the
Department's website.
(2) Whether an agreement with the facility receiving
the patient records has been made that provides for the
following:
(A) Safe storage of patient records.
(B) Privacy of patient record information.
(C) Availability of patient records for release to
individuals lawfully authorized to receive them.
(D) Periodic destruction of patient records for
which the statutory retention period has expired.
(3) Whether the health care facility has arranged to
provide notice to the public, at least 30 days before
closing, of the planned closing of the facility. The notice
must include an explanation of how to obtain copies of the
patient records for those authorized to access those
records. Notice may be given by publication in a newspaper
of general circulation in the area in which the health care
facility is located.
(4) In the case of a hospital, whether arrangements
have been made for (i) the timely transfer of medical staff
credentialing files and (ii) notification to physicians on

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the hospital's staff of the location of those files.
(5) Whether arrangements have been made for the
transfer or disposal of hazardous and other waste, if any,
in accordance with the Radiation Protection Act, the
Environmental Protection Act, and other applicable laws
and regulations.
(6) Whether arrangements have been made for the
disposition of legend drugs, if any, in accordance with the
Pharmacy Practice Act and other applicable laws and
regulations.
(7) Whether arrangements have been made for securing
the health care facility building or buildings and
remaining medical equipment, if any.
(8) The intended date upon which business will cease.
(b) The Department shall require a closed health care
facility, or its designee, to provide to the Department a
written post-closing statement that (i) describes the
completion of, and any changes to, the plan of closure set
forth in the facility's pre-closing statement and (ii) states
the actual date on which business ceased. The Department may
verify that the arrangements or other provisions of the plan of
closure have been implemented and shall notify appropriate
State and federal authorities of the closure to ensure
compliance with other applicable laws and regulations.
Section 99. Effective date. This Act takes effect upon
becoming law.