Illinois Compiled Statutes
Chapter 210 - HEALTH FACILITIES AND REGULATION
210 ILCS 3/ - Alternative Health Care Delivery Act.

(210 ILCS 3/1)
Sec. 1.
Short title.
This Act may be cited as the Alternative Health Care Delivery Act.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/5)
Sec. 5.
Purpose.
The General Assembly finds that many consumers have
limited access to needed health care. Other consumers have limited health care
choices. Consumers of health care also experience high out-of-pocket costs for
health care, and the State as a whole experiences high aggregate health care
costs. The General Assembly also finds that the provision of high quality
services, regardless of setting, for care is of overriding importance.
Currently, there is insufficient data and information on the efficacy of
alternative models of health care delivery. New and innovative solutions must
be found to correct these problems. This Act is intended to foster those
innovations through the development of demonstration projects to license and
study alternative health care delivery systems. Furthermore, these
demonstration projects shall be developed in an orderly manner and regulated by
the Department of Public Health.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/10)
Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
"Ambulatory surgical treatment center" or "ASTC" means any institution, place, or building licensed under the Ambulatory Surgical Treatment Center Act.
"Alternative health care model" means a facility or program
authorized under Section 35 of this Act.
"Board" means the State Board of Health.
"Department" means the Illinois Department of Public Health.
"Demonstration program" means a program to license and study
alternative health care models authorized under this Act.
"Director" means the Director of Public Health.

(Source: P.A. 97-987, eff. 1-1-13.)
 
(210 ILCS 3/15)
Sec. 15. License required. No health care facility or program that
meets the definition and scope of an alternative health care model shall
operate as such unless it is a participant in a demonstration program under
this Act and licensed by the Department as an alternative health care model.

The provisions of this Act concerning children's community-based health care centers
shall not apply to any facility licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the University of Illinois Hospital Act that provides
respite care services to children.

(Source: P.A. 98-629, eff. 1-1-15; 99-180, eff. 7-29-15.)
 
(210 ILCS 3/20)
Sec. 20. Board responsibilities. The State Board of Health shall have the
responsibilities set forth in this Section.
(a) The Board shall investigate new health care delivery models and
recommend to the Governor and the General Assembly, through the Department,
those models that should be authorized as alternative health care models for
which demonstration programs should be initiated. In its deliberations, the
Board shall use the following criteria:
(b) The Board shall evaluate and make recommendations to the Governor and
the General Assembly, through the Department, regarding alternative health care
model demonstration programs established under this Act, at the midpoint and
end of the period of operation of the demonstration programs. The report shall
include, at a minimum, the following:
(c) The Board shall advise the Department on the definition and scope of
alternative health care models demonstration programs.
(d) In carrying out its responsibilities under this Section, the
Board shall seek the advice of other Department advisory boards or committees
that may be impacted by the alternative health care model or the proposed
model of health care delivery. The Board shall also seek input from other
interested parties, which may include holding public hearings.
(e) The Board shall otherwise advise the Department on the administration of
the Act as the Board deems appropriate.

(Source: P.A. 96-31, eff. 6-30-09.)
 
(210 ILCS 3/25)
Sec. 25. Department responsibilities. The Department shall have the
responsibilities set forth in this Section.
(a) The Department shall adopt rules for each alternative health care model
authorized under this Act that shall include but not be limited to the
following:
(b) The Department shall issue, renew, deny, suspend, or revoke licenses for
alternative health care models.
(c) The Department shall perform licensure inspections of alternative health
care models as deemed necessary by the Department to ensure compliance with
this Act or rules.
(d) The Department shall deposit application fees, renewal fees, and fines
into the Regulatory Evaluation and Basic Enforcement Fund.
(e) The Department shall assist the Board in performing the
Board's
responsibilities under this Act.
(f) (Blank).
(g) (Blank).

(Source: P.A. 96-669, eff. 8-25-09.)
 
(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:
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 birth center alternative health care
models in the demonstration program, located as follows:
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:
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. 102-414, eff. 8-20-21.)
 
(210 ILCS 3/35)
Sec. 35. Alternative health care models authorized. Notwithstanding
any other law to the contrary, alternative health care models
described in this Section may be established on a demonstration basis.
 
(210 ILCS 3/35.1)
Sec. 35.1. (Repealed).


(Source: P.A. 89-393, eff. 8-20-95. Repealed by P.A. 96-669, eff. 8-25-09.)
 
(210 ILCS 3/35.5)
Sec. 35.5. Closed captioning required. An alternative health care model licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room, or enable the closed captioning feature when requested to do so by a member of the general public or a patient, if the television includes a closed captioning feature.
It is not a violation of this Section if the closed captioning feature is deactivated by a member of the alternative health care model's staff after such feature is enabled in a common area or in a patient's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a patient, or a member of the alternative health care model's staff at the request of a patient of the alternative health care model licensed under this Act.
If the alternative health care model licensed under this Act does not have a television that includes a closed captioning feature, then the alternative health care model licensed under this Act must ensure that all televisions obtained for common areas and patient rooms after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law.
As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

(Source: P.A. 101-116, eff. 1-1-20.)
 
(210 ILCS 3/36)
Sec. 36.
Use of name; patient transfers; consulting committee.
No facility or person shall hold itself out to the public as a "recovery
care center" or "postsurgical recovery care center" unless it is licensed as a
postsurgical recovery care center under this Act.
The Department shall establish by rule criteria for patient transfers to
postsurgical recovery care models. Each facility licensed as a postsurgical
recovery care center shall establish a qualified consulting committee to review
the types of surgical procedures performed in ambulatory surgical treatment
centers and hospitals which intend to transfer patients to the recovery care
center. The committee shall recommend appropriate procedures for approval by
the Department of Public Health. Action on these recommendations by the
Department shall not be unreasonably withheld.

(Source: P.A. 88-490.)
 
(210 ILCS 3/36.5)
Sec. 36.5. (Repealed).


(Source: P.A. 96-31, eff. 6-30-09. Repealed by P.A. 97-135, eff. 7-14-11.)
 
(210 ILCS 3/40)
Sec. 40.
Demonstration program funding.
The Regulatory Evaluation and Basic
Enforcement Fund is created in the State treasury to collect application fees,
renewal fees, and fines collected under this Act. Moneys shall be
appropriated from the Fund to the Department to implement its administrative,
licensure, and evaluation functions under this Act.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/45)
Sec. 45.
License denial, suspension, or revocation.
A license may be
denied, suspended, or revoked, or the renewal of a license may be denied, for
any of the following reasons:
(Source: P.A. 87-1188.)
 
(210 ILCS 3/50)
Sec. 50.
Investigation of applicant or licensee; notice.
The Department
may on its own motion, and shall on the verified complaint in writing of any
person setting forth facts which if proven would constitute grounds for the
denial of an application for a license, refusal to renew a license, suspension
of a license, or revocation of a license, investigate the applicant or
licensee. The Department, after notice and an opportunity for a hearing, may
deny an application for a licensee, revoke a license, or refuse to renew a
license under Section 45 of this Act. Before denying a license application,
refusing to renew a license, suspending a license, or revoking a license, the
Department shall notify the applicant or licensee in writing. The notice shall
specify the charges or reasons for the Department's contemplated action. If
the applicant or licensee desires a hearing on the Department's contemplated
action, he or she must request a hearing within 10 days after receiving the
notice. A failure to request a hearing within 10 days shall constitute a
waiver of the applicant's or licensee's right to a hearing.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/55)
Sec. 55.
Hearings.
The hearing requested under Sec. 50 shall be
conducted by the Director or an individual designated in writing by the
Director as a hearing officer. The Director or hearing officer may compel, by
subpoena or subpoena duces tecum, the attendance and testimony of witnesses and
the production of books and papers. The Director or hearing officer may
administer oaths to witnesses. The hearing shall be conducted at a place
designated by the Department. The procedures governing hearings and the
issuance of final orders under this Act shall be according to rules adopted by
the Department. All subpoenas issued by the Director or hearing officer may be
served as in civil actions. The fees of witnesses for attendance and travel
shall be the same as the fees for witnesses before the circuit court and shall
be paid by the party to the proceedings at whose request the subpoena is
issued. If a subpoena is issued at the request of the Department, the witness
fee shall be paid by the Department as an administrative expense. If a witness
refuses to attend or testify, or to produce books or papers, concerning any
matter on which he or she might be lawfully examined, the circuit court of the
county in which the hearing is held, on application of any party to the
proceeding, may compel obedience by a proceeding for contempt as in cases of a
refusal to obey a similar order of the court.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/60)
Sec. 60.
Final orders.
The Director or hearing officer shall make findings
of fact and conclusions of law in the matters that are the subject of the
hearing, and the Director shall render a decision, or the hearing officer a
proposal for decision, within 45 days after the termination of the hearing
unless additional time is required by the Director or hearing officer for a
proper disposition of the matter. A copy of the final decision of the Director
shall be served on the applicant or licensee in person or by certified mail.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/65)
Sec. 65.
Judicial review; deposit for costs.
(a) All final administrative decisions of the Department under this Act
shall be subject to judicial review under the provisions of the Administrative
Review Law and the rules adopted under that Law. "Administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for
judicial review shall be commenced in the circuit court of the county in which
the party applying for review resides. If that party is not a resident of this
State, however, the venue shall be in Sangamon County.
(b) The Department shall not be required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the circuit court the sum
of $0.95 per page for the costs of certification. Failure by the plaintiff to
make the deposit shall be grounds for dismissing the action.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/70)
Sec. 70.
Administrative rules.
The Illinois Administrative Procedure Act is
expressly adopted and shall apply to all rules of the Department adopted under
this Act.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/75)
Sec. 75.
Violations; criminal penalties.
Any person opening,
conducting, or maintaining an alternative health care model without a
license issued under this Act shall be guilty of a business offense
punishable upon conviction by a fine of $10,000. Each day the violation
continues shall constitute a
separate offense.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/80)
Sec. 80.
Injunction.
The operation or maintenance of an alternative health
care model in violation of this Act or the rules adopted under this Act is
declared to be inimical to the public welfare. The Director, in addition to
other remedies provided in this Act, may bring an action in the name of the
People of the State, through the Attorney General, for an injunction to
restrain a violation of this Act or the rules or to enjoin the future operation
or maintenance of the alternative health care model.

(Source: P.A. 87-1188.)
 
(210 ILCS 3/99)
Sec. 99.
This Act shall take effect upon becoming law.

(Source: P.A. 87-1188.)

Structure Illinois Compiled Statutes