Bill Text: IL SB2593 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Ambulatory Surgical Treatment Center Act, the Home Health, Home Services, and Home Nursing Agency Licensing Act, the Hospital Licensing Act, and the State Finance Act. Increases the licensure fee to $1500 for ambulatory surgical treatment centers and home health agencies. Establishes a $50 licensure fee per bed for hospitals applying for a license. Changes the name of the Home Care Services Agency Licensure Fund to the Home Health, Health Services, and Home Nursing Agency Licensure Fund. Creates the Ambulatory Surgical Treatment Center Fund and the Hospital Licensure Fund. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB2593 Detail]

Download: Illinois-2009-SB2593-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2593 Introduced 1/21/2010, by Sen. William Delgado SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.650
30 ILCS 105/5.755 new
30 ILCS 105/5.756 new
210 ILCS 5/5 from Ch. 111 1/2, par. 157-8.5
210 ILCS 5/6 from Ch. 111 1/2, par. 157-8.6
210 ILCS 5/12.5 new
210 ILCS 55/4 from Ch. 111 1/2, par. 2804
210 ILCS 55/10.05
210 ILCS 85/5 from Ch. 111 1/2, par. 146
210 ILCS 85/6 from Ch. 111 1/2, par. 147
210 ILCS 85/14.5 new
Amends the Ambulatory Surgical Treatment Center Act, the Home Health, Home Services, and Home Nursing Agency Licensing Act, the Hospital Licensing Act, and the State Finance Act. Increases the licensure fee to $1500 for ambulatory surgical treatment centers and home health agencies. Establishes a $50 licensure fee per bed for hospitals applying for a license. Changes the name of the Home Care Services Agency Licensure Fund to the Home Health, Health Services, and Home Nursing Agency Licensure Fund. Creates the Ambulatory Surgical Treatment Center Fund and the Hospital Licensure Fund. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 5.650 and adding Sections 5.755 and 5.756 as follows:
(30 ILCS 105/5.650)
Sec. 5.650. The Home Health, Health Services, and Home
Nursing Agency Licensure Fund Home Care Services Agency
Licensure Fund.
(Source: P.A. 94-379, eff. 1-1-06.)
(30 ILCS 105/5.755 new)
Sec. 5.755. The Ambulatory Surgical Treatment Center Fund.
(30 ILCS 105/5.756 new)
Sec. 5.756. The Hospital Licensure Fund.
Section 10. The Ambulatory Surgical Treatment Center Act is
amended by changing Sections 5 and 6 and by adding Section 12.5
as follows:
(210 ILCS 5/5) (from Ch. 111 1/2, par. 157-8.5)
Sec. 5. An application for a license to operate an

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ambulatory surgical treatment center shall be made to the
Department upon forms provided by it and shall contain such
information as the Department reasonably requires, which may
include affirmative evidence of ability to comply with the
provisions of this Act and the standards, rules and
regulations, promulgated by virtue thereof.
All applications required under this Section shall be
signed by the applicant, verified, and accompanied by a license
fee of $1500 $500.
(Source: P.A. 81-224.)
(210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)
Sec. 6. Upon receipt of an application for a license, the
Director may deny the application for any of the following
reasons:
(1) Conviction of the applicant, or if the applicant is
a firm, partnership or association, of any of its members,
or if a corporation, of any of its officers or directors,
or of the person designated to manage or supervise the
facility, of a felony, or of 2 or more misdemeanors
involving moral turpitude, as shown by a certified copy of
the record of the court of conviction, or, in the case of
the conviction of a misdemeanor by a court not of record,
as shown by other evidence, if the Director determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust; or

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other satisfactory evidence that the moral character of the
applicant, or manager, or supervisor of the facility is not
reputable;
(2) The licensure status or record of the applicant, or
if the applicant is a firm, partnership or association, of
any of its members, or if a corporation, of any of its
officers or directors, or of the person designated to
manage or supervise the facility, from any other state
where the applicant has done business in a similar capacity
indicates that granting a license to the applicant would be
detrimental to the interests of the public; or
(3) The applicant has insufficient financial or other
resources to operate and conduct the facility in accordance
with the requirements of this Act and the minimum
standards, rules and regulations promulgated thereunder.
The Director shall only issue a license if he finds that
the applicant facility complies with this Act and the rules,
regulations and standards promulgated pursuant thereto and:
(a) is under the medical supervision of one or more
physicians;
(b) permits a surgical procedure to be performed only
by a physician, podiatrist or dentist who at the time is
privileged to have his patients admitted by himself or an
associated physician and is himself privileged to perform
surgical procedures in at least one Illinois hospital; and
(c) maintains adequate medical records for each

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patient.
A license, unless sooner suspended or revoked, shall be
renewable annually upon approval by the Department and payment
of a license fee of $1500 $300. Each license shall be issued
only for the premises and persons named in the application and
shall not be transferable or assignable. The licenses shall be
posted in a conspicuous place on the licensed premises. A
placard or registry of all physicians on staff in the facility
shall be centrally located and available for inspection to any
interested person. The Department may, either before or after
the issuance of a license, request the cooperation of the State
Fire Marshal. The report and recommendations of this agency
shall be in writing and shall state with particularity its
findings with respect to compliance or noncompliance with such
minimum standards, rules and regulations.
The Director may issue a provisional license to any
ambulatory surgical treatment center which does not
substantially comply with the provisions of this Act and the
standards, rules and regulations promulgated by virtue thereof
provided that he finds that such ambulatory surgical treatment
center will undertake changes and corrections which upon
completion will render the ambulatory surgical treatment
center in substantial compliance with the provisions of this
Act, and the standards, rules and regulations adopted
hereunder, and provided that the health and safety of the
patients of the ambulatory surgical treatment center will be

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protected during the period for which such provisional license
is issued. The Director shall advise the licensee of the
conditions under which such provisional license is issued,
including the manner in which the facilities fail to comply
with the provisions of the Act, standards, rules and
regulations, and the time within which the changes and
corrections necessary for such ambulatory surgical treatment
center to substantially comply with this Act, and the
standards, rules and regulations of the Department relating
thereto shall be completed.
A person or facility not licensed under this Act or the
Hospital Licensing Act shall not hold itself out to the public
as a "surgery center" or as a "center for surgery".
(Source: P.A. 88-490.)
(210 ILCS 5/12.5 new)
Sec. 12.5. Ambulatory Surgical Treatment Center Fund. The
Department shall deposit all fees and fines collected in
relation to the licensure of ambulatory surgical treatment
centers into the Ambulatory Surgical Treatment Center Fund, a
special fund created in the State Treasury, for the purpose of
providing funding for the administration of the licensure
program for ambulatory surgical treatment centers.
Section 15. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Sections 4

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and 10.05 as follows:
(210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)
Sec. 4. Types of licenses.
(a) If an applicant for licensure has not been previously
licensed, or if the home health agency, home services agency,
or home nursing agency is not in operation at the time
application is made, the Department may issue a provisional
license. A provisional license shall be valid for a period of
120 days unless sooner suspended or revoked pursuant to Section
9 of this Act. Within 30 days prior to the termination of a
provisional license, the Department shall inspect the agency
and, if the applicant substantially meets the requirements for
licensure, it shall issue a license under this Section. If the
Department finds that a holder of a provisional license does
not substantially meet the requirements for licensure, but has
made significant progress toward meeting those requirements,
the Director may renew the provisional license once for a
period not to exceed 120 days from the expiration date of the
initial provisional license.
(b)(1) The Director may also issue a provisional license to
any licensed agency which does not substantially comply with
the provisions of this Act and the rules promulgated hereunder,
provided he finds that the health, safety, and well-being of
the clients of the agency will be protected during the period
for which such provisional license is issued. The term of such

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provisional license shall not exceed 120 days.
(2) The Director shall advise the licensee of the
conditions under which such provisional license is issued,
including the manner in which the licensee fails to comply with
the provisions of the Act or rules, and the time within which
the corrections necessary for the agency to substantially
comply with the Act and rules shall be completed.
(3) The Director, at his discretion, may extend the term of
such provisional license for an additional 120 days, if he
finds that the agency has made substantial progress toward
correcting the violations and bringing the agency into full
compliance with this Act and the rules promulgated hereunder.
(c) An annual license shall be issued to any person
conducting or maintaining a home health agency upon receipt of
an application and payment of the licensure fee, and when the
other requirements of this Act, and the standards, rules and
regulations promulgated hereunder, are met. The fee for each
single home health agency license or any renewal shall be $1500
$25.
(d) The Department shall establish, by rule, a system
whereby an entity that meets the requirements for licensure may
obtain licensure singly or in any combination for the
categories authorized under this Act. The Department shall
develop and implement one application to be used even if a
combination of licenses authorized under the Act is sought.
Applicants for multiple licenses under this system shall pay

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the higher of the licensure fees applicable. Fees collected
under this system shall be deposited into the Home Health, Home
Services, and Home Nursing Agency Licensure Fund Home Care
Services Agency Licensure Fund.
(Source: P.A. 94-379, eff. 1-1-06.)
(210 ILCS 55/10.05)
Sec. 10.05. Home Health, Home Services, and Home Nursing
Agency Licensure Fund Home Care Services Agency Licensure Fund.
The Department shall deposit all fees and fines collected in
relation to the licensure of home health agencies, home
services agencies, and home nursing agencies into the Home
Health, Home Services, and Home Nursing Agency Licensure Fund
Home Care Services Agency Licensure Fund, a special fund
created in the State treasury, for the purpose of providing
funding for the administration of the program of home health
agencies, home services agency, and home nursing agency
licensure.
(Source: P.A. 94-379, eff. 1-1-06.)
Section 20. The Hospital Licensing Act is amended by
changing Sections 5 and 6 and by adding Section 14.5 as
follows:
(210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
Sec. 5. (a) An application for a permit to establish a

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hospital shall be made to the Department upon forms provided by
it. This application shall contain such information as the
Department reasonably requires, which shall include
affirmative evidence on which the Director may make the
findings required under Section 6a of this Act.
(b) An application for a license to open, conduct, operate,
and maintain a hospital shall be made to the Department upon
forms provided by it, accompanied by a license fee of $50 per
bed, and shall contain such information as the Department
reasonably requires, which may include affirmative evidence of
ability to comply with the provisions of this Act and the
standards, rules, and regulations, promulgated by virtue
thereof.
(c) All applications required under this Section shall be
signed by the applicant and shall be verified. Applications on
behalf of a corporation or association or a governmental unit
or agency shall be made and verified by any two officers
thereof.
(Source: Laws 1965, p. 2350.)
(210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
Sec. 6. (a) Upon receipt of an application for a permit to
establish a hospital the Director shall issue a permit if he
finds (1) that the applicant is fit, willing, and able to
provide a proper standard of hospital service for the community
with particular regard to the qualification, background, and

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character of the applicant, (2) that the financial resources
available to the applicant demonstrate an ability to construct,
maintain, and operate a hospital in accordance with the
standards, rules, and regulations adopted pursuant to this Act,
and (3) that safeguards are provided which assure hospital
operation and maintenance consistent with the public interest
having particular regard to safe, adequate, and efficient
hospital facilities and services.
The Director may request the cooperation of county and
multiple-county health departments, municipal boards of
health, and other governmental and non-governmental agencies
in obtaining information and in conducting investigations
relating to such applications.
A permit to establish a hospital shall be valid only for
the premises and person named in the application for such
permit and shall not be transferable or assignable.
In the event the Director issues a permit to establish a
hospital the applicant shall thereafter submit plans and
specifications to the Department in accordance with Section 8
of this Act.
(b) Upon receipt of an application for license to open,
conduct, operate, and maintain a hospital, the Director shall
issue a license if he finds the applicant and the hospital
facilities comply with standards, rules, and regulations
promulgated under this Act. A license, unless sooner suspended
or revoked, shall be renewable annually upon approval by the

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Department and payment of a license fee of $50 per bed. Each
license shall be issued only for the premises and persons named
in the application and shall not be transferable or assignable.
Licenses shall be posted in a conspicuous place on the licensed
premises. The Department may, either before or after the
issuance of a license, request the cooperation of the State
Fire Marshal, county and multiple county health departments, or
municipal boards of health to make investigations to determine
if the applicant or licensee is complying with the minimum
standards prescribed by the Department. The report and
recommendations of any such agency shall be in writing and
shall state with particularity its findings with respect to
compliance or noncompliance with such minimum standards,
rules, and regulations.
The Director may issue a provisional license to any
hospital which does not substantially comply with the
provisions of this Act and the standards, rules, and
regulations promulgated by virtue thereof provided that he
finds that such hospital has undertaken changes and corrections
which upon completion will render the hospital in substantial
compliance with the provisions of this Act, and the standards,
rules, and regulations adopted hereunder, and provided that the
health and safety of the patients of the hospital will be
protected during the period for which such provisional license
is issued. The Director shall advise the licensee of the
conditions under which such provisional license is issued,

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including the manner in which the hospital facilities fail to
comply with the provisions of the Act, standards, rules, and
regulations, and the time within which the changes and
corrections necessary for such hospital facilities to
substantially comply with this Act, and the standards, rules,
and regulations of the Department relating thereto shall be
completed.
(Source: P.A. 80-56.)
(210 ILCS 85/14.5 new)
Sec. 14.5. Hospital Licensure Fund. The Department shall
deposit all fees and fines collected in relation to the
licensure of hospitals into the Hospital Licensure Fund, a
special fund created in the State Treasury, for the purpose of
providing funding for the administration of the licensure
program for hospitals.
Section 99. Effective date. This Act takes effect upon
becoming law.