SB 798 — STATE GOVERNMENT-TECH

SB0798 EngrossedEnrolled LRB104 07201 SPS 17238 b AN ACT concerning State government.

SB0798 EngrossedEnrolled - 2 - LRB104 07201 SPS 17238 b (B) Except as provided in item (A) of this subsection, this Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act.

(5) Kidney disease treatment centers, including a free-standing hemodialysis unit required to meet the requirements of 42 CFR 494 in order to be certified for participation in Medicare and Medicaid under Titles XVIII SB0798 EngrossedEnrolled - 3 - LRB104 07201 SPS 17238 b and XIX of the federal Social Security Act.

(8) An institution, place, building, or room housing major medical equipment used in the direct clinical SB0798 EngrossedEnrolled - 4 - LRB104 07201 SPS 17238 b diagnosis or treatment of patients, and whose project cost is in excess of the capital expenditure minimum.

SB0798 EngrossedEnrolled - 5 - LRB104 07201 SPS 17238 b (7) The closure of an entity or a portion of an entity licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, with the exception of facilities operated by a county or Illinois Veterans Homes, that elect to convert, in whole or in part, to an assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing Act and with the exception of a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013 in connection with a proposal to close a facility and re-establish the facility in another location.

With the exception of those health care facilities specifically included in this Section, nothing in this Act shall be intended to include facilities operated as a part of the practice of a physician or other licensed health care SB0798 EngrossedEnrolled - 6 - LRB104 07201 SPS 17238 b professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group.

"Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the SB0798 EngrossedEnrolled - 7 - LRB104 07201 SPS 17238 b teaching of health, (c) who has a material financial interest in any activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever has been a member of the immediate family of the person defined by item (a), (b), or (c).

"Major medical equipment" means medical equipment which is SB0798 EngrossedEnrolled - 8 - LRB104 07201 SPS 17238 b used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act.

For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any SB0798 EngrossedEnrolled - 9 - LRB104 07201 SPS 17238 b plant or equipment with respect to which an expenditure is made shall be included in determining if such expenditure exceeds the capital expenditures minimum.

"Financial commitment" means the commitment of at least 33% of total funds assigned to cover total project cost, which occurs by the actual expenditure of 33% or more of the total SB0798 EngrossedEnrolled - 10 - LRB104 07201 SPS 17238 b project cost or the commitment to expend 33% or more of the total project cost by signed contracts or other legal means.

"Non-clinical service area" Solely for the purpose of this definition, "non-clinical service area" does not include health and fitness centers, areas in a patient care unit, or areas that are required by Department licensing standards, including life safety code regulations, such as hallways and other interdependent SB0798 EngrossedEnrolled - 11 - LRB104 07201 SPS 17238 b components to a clinical area.

"Out-of-state facility" means a person that is both (i) licensed as a hospital or as an ambulatory surgery center SB0798 EngrossedEnrolled - 12 - LRB104 07201 SPS 17238 b under the laws of another state or that qualifies as a hospital or an ambulatory surgery center under regulations adopted pursuant to the Social Security Act and (ii) not licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, or the Nursing Home Care Act.

SB0798 EngrossedEnrolled - 13 - LRB104 07201 SPS 17238 b "Charity care" means care provided by a health care facility for which the provider does not expect to receive payment from the patient or a third-party payer.

"Patient care unit" means a physically identifiable and organized unit in a clearly defined administrative and geographic area that meets applicable standards of service in SB0798 EngrossedEnrolled - 14 - LRB104 07201 SPS 17238 b which nursing care and therapeutic services are provided on a continuous basis and to which specific nursing and support staff are assigned.