Public Act 104-0147
 
SB2421 EnrolledLRB104 10639 KTG 20716 b

    AN ACT concerning health care.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the 
Psychiatric Residential Treatment Facilities (PRTF) Act.
 
    Section 5. Definitions. As used in this Act:
    "Department" means the Department of Healthcare and Family 
Services. 
    "Emergency safety intervention" means the use of restraint 
or seclusion as an immediate response to an emergency safety 
situation. 
    "Medical assistance" means health care benefits provided 
under the Illinois Medical Assistance Program administered 
under Article V of the Illinois Public Aid Code.
    "Psychiatric residential treatment facility" or "PRTF" 
means a facility that is certified by the Department to 
provide subacute psychiatric services to individuals under age 
21, or to individuals until their 22nd birthday if the 
individual was admitted to the PRTF before the individual's 
21st birthday as described in 42 CFR 441, Subpart D, or any 
successor regulation, in an inpatient setting in accordance 
with a provider agreement with the Department. A PRTF is not:
        (1) a hospital under the Hospital Licensing Act;
        (2) a child care institution or child care facility 
    under the Child Care Act of 1969;
        (3) a nursing home or long-term care facility under 
    the Nursing Home Care Act;
        (4) a secure residential youth care facility under the 
    Secure Residential Youth Care Facility Licensing Act;
        (5) a specialized mental health rehabilitation 
    facility under the Specialized Mental Health 
    Rehabilitation Act of 2013; or
        (6) any facility or institution required to be 
    licensed under the ID/DD Community Care Act or the MC/DD 
    Act.
    "Serious occurrences" means a serious injury to a resident 
as defined in 42 CFR 483.352, or any successor regulation, a 
resident's suicide attempt, or a resident's death.
    "Subacute psychiatric services" means inpatient 
psychiatric treatment services provided under the direction of 
a physician, in a non-acute (non-hospital) setting, for 
individuals under the age of 21 (or for individuals until 
their 22nd birthday if admitted to the PRTF before their 21st 
birthday) that require intensive services that cannot be 
delivered in a community setting. Subacute psychiatric 
services are short-term, comprehensive, recovery-oriented 
treatment delivered 24 hours a day, 7 days a week, with the 
focus of returning children to a less restrictive community 
setting as rapidly as possible. 
 
    Section 10. PRTF services. 
    (a) The Department shall establish an Illinois Psychiatric 
Residential Treatment Facilities (PRTF) program that is 
family-driven, youth-guided, and trauma-informed, and includes 
youth and family involvement in all aspects of care planning. 
The Illinois PRTF program design shall establish meaningful 
opportunities for youth and families to be involved in the 
design, monitoring, and oversight of PRTF services. 
    (b) By January 1, 2026, the Department shall submit a 
State Plan Amendment to the Centers for Medicare and Medicaid 
Services to establish coverage of federally authorized, 
medically necessary inpatient psychiatric services delivered 
by a certified PRTF to medical assistance beneficiaries under 
21 years of age. 
    (c) The Department shall adopt rules to implement the 
Illinois PRTF program. The rules may establish the services, 
standards, and requirements for participation in the program 
to comply with all applicable federal statutes, regulations, 
requirements, and policies. The rules proposed by the 
Department may take into consideration the recommendations of 
the PRTF Advisory Committee, as outlined in Section 20. At a 
minimum, the rules shall include the following: 
        (1) Certification and participation requirements for 
    PRTF providers in compliance with all applicable federal 
    laws, regulations, requirements, and policies, including 
    those found at 42 CFR 441, Subpart D and 42 CFR 483, 
    Subpart G or any successor regulations. 
        (2) Monitoring and oversight of PRTF services, 
    including on-site review protocols that include scheduled 
    and unannounced on-site visits. Each provider seeking PRTF 
    certification shall minimally have an on-site review prior 
    to initiating services and all PRTFs shall have at least 
    one on-site review annually thereafter. 
        (3) Utilization management criteria to ensure that 
    PRTF services are provided as medically necessary and 
    emphasize clinically appropriate patient transitions back 
    to the community, including, but not limited to, service 
    authorization, documentation, and treatment plan 
    requirements for initial stay reviews and continued stay 
    reviews. 
        (4) A limit on allowable beds at any one PRTF, not to 
    exceed 40 total beds, unless waived in writing by the 
    Director of the Department. 
        (5) A limit on the number of new PRTF facilities to be 
    certified in any State fiscal year. 
        (6) A requirement that PRTFs are distinct, standalone 
    non-hospital entities not physically attached or adjacent 
    to any other type of facility engaged in providing 
    congregate care. 
        (7) A requirement that, in order to obtain PRTF 
    certification, providers must undergo a survey from the 
    State Survey Agency, the Department of Public Health, to 
    establish the provider's compliance with the Conditions of 
    Participation for PRTFs outlined in 42 CFR 483, Subpart G 
    and the Interpretive Guidelines issued by the Centers for 
    Medicare and Medicaid Services. 
        (8) A requirement that, in order to obtain PRTF 
    certification, providers be accredited from one of the 
    following organizations identified in 42 CFR 441.151, or 
    any successor regulations: 
            (i) Joint Commission on Accreditation of 
        Healthcare Organizations. 
            (ii) The Commission on Accreditation of 
        Rehabilitation Facilities. 
            (iii) The Council on Accreditation of Services for 
        Families and Children. 
            (iv) Any other accrediting organization with 
        comparable standards recognized by the Department. 
        (9) Requirements for the reporting of emergency safety 
    interventions and serious occurrences to the Department 
    and the State-designated Protection and Advocacy System no 
    later than the close of business the next business day 
    after the intervention or occurrence. 
 
    Section 15. PRTF capacity analysis. 
    (a) The Department shall establish, and update as needed, 
a methodology for completing a statewide PRTF capacity 
analysis for the purposes of identifying capacity needs for 
PRTF services under the Illinois Medical Assistance Program. 
The Department shall utilize the PRTF capacity analysis to 
inform its certification and enrollment of PRTF providers. The 
capacity analysis shall minimally include:
        (1) An analysis of aggregate service utilization data 
    for Medicaid eligible individuals under the age of 21, 
    including community-based services, behavioral health 
    crisis services, and inpatient psychiatric hospitalization 
    services.
        (2) Identification of locations across the State with 
    demonstrated need for PRTF services and locations with 
    demonstrated surplus of PRTF service capacity. 
        (3) Consideration of specialized treatment needs based 
    on increased utilization of out-of-state facilities to 
    address specialized treatment needs. 
        (4) Other factors of consideration identified by the 
    Department as necessary to support access to care, 
    compliance with the federal Medicaid program, and all 
    other applicable federal or State laws, regulations, 
    policies, requirements, and programs impacting Illinois' 
    children's behavioral health service delivery system. 
        (5) Recommendations to the Department and the PRTF 
    Advisory Committee on capacity needs within the Illinois 
    PRTF program. The recommendations shall seek to avoid the 
    concentration of PRTF facilities in any particular 
    community or area of the State to promote access for 
    families or guardians to visit patients when appropriate. 
    (b) The Department's methodology, completed analyses, and 
outcomes shall be published on its website, with an initial 
PRTF capacity analysis to be published by no later than 
January 1, 2026. 
    (c) The Department's PRTF capacity analysis shall be 
updated at a minimum of every 5 years and shall be performed 
consistent with the Department's published methodology. 
 
    Section 20. PRTF Advisory Committee. 
    (a) The Department shall establish a PRTF Advisory 
Committee responsible for reviewing and providing guidance on 
the Department's policies and implementations of the Illinois 
PRTF program. The PRTF Advisory Committee shall be made up of 
no more than 12 members, including State agency staff familiar 
with children's behavioral health services, and shall 
minimally include the following members:
        (1) the Director of Healthcare and Family Services, or 
    the Director's designee, who shall also be the Chair of 
    the Committee;
        (2) the Director of Public Health, or the Director's 
    designee;
        (3) the Secretary of Human Services, or the 
    Secretary's designee; 
        (4) the Superintendent of the Illinois State Board of 
    Education, or the Superintendent's designee; 
        (5) the Director of Children and Family Services, or 
    the Director's designee; 
        (6) the Chief Officer for Children's Behavioral Health 
    Transformation; and 
        (7) external stakeholders that include, at a minimum 
    each of the following: 
            (i) a psychiatrist, board certified to serve 
        children and adolescents; 
            (ii) one or more providers of community-based 
        children's behavioral health services;
            (iii) one or more individuals representing the 
        voice of families with children familiar with 
        Illinois' publicly funded children's behavioral health 
        system; and 
            (iv) other individuals determined by the 
        Department to be beneficial to the outcomes of the 
        Advisory Committee.
    (b) The PRTF Advisory Committee shall meet on a schedule 
and in a format defined by the Chair.
    (c) The Department may adopt rules to implement this 
Section. 
 
    Section 25. PRTF accountability reporting. For all PRTF 
providers certified to participate in the Illinois Medical 
Assistance Program, the Department shall publish on its 
website counts of reported emergency safety interventions and 
serious occurrences by State fiscal year and quarter.
 
    Section 105. The Specialized Mental Health Rehabilitation 
Act of 2013 is amended by changing Section 1-102 as follows:
 
    (210 ILCS 49/1-102)
    Sec. 1-102. Definitions. For the purposes of this Act, 
unless the context otherwise requires:
    "Abuse" means any physical or mental injury or sexual 
assault inflicted on a consumer other than by accidental means 
in a facility.
    "Accreditation" means any of the following:
        (1) the Joint Commission;
        (2) the Commission on Accreditation of Rehabilitation 
    Facilities;
        (3) the Healthcare Facilities Accreditation Program; 
    or
        (4) any other national standards of care as approved 
    by the Department.
    "APRN" means an Advanced Practice Registered Nurse, 
nationally certified as a mental health or psychiatric nurse 
practitioner and licensed under the Nurse Practice Act. 
    "Applicant" means any person making application for a 
license or a provisional license under this Act.
    "Consumer" means a person, 18 years of age or older, 
admitted to a mental health rehabilitation facility for 
evaluation, observation, diagnosis, treatment, stabilization, 
recovery, and rehabilitation.
    "Consumer" does not mean any of the following:
        (i) an individual requiring a locked setting;
        (ii) an individual requiring psychiatric 
    hospitalization because of an acute psychiatric crisis;
        (iii) an individual under 18 years of age;
        (iv) an individual who is actively suicidal or violent 
    toward others;
        (v) an individual who has been found unfit to stand 
    trial and is currently subject to a court order requiring 
    placement in secure inpatient care in the custody of the 
    Department of Human Services pursuant to Section 104-17 of 
    the Code of Criminal Procedure of 1963;
        (vi) an individual who has been found not guilty by 
    reason of insanity and is currently subject to a court 
    order requiring placement in secure inpatient care in the 
    custody of the Department of Human Services pursuant to 
    Section 5-2-4 of the Unified Code of Corrections;
        (vii) an individual subject to temporary detention and 
    examination under Section 3-607 of the Mental Health and 
    Developmental Disabilities Code;
        (viii) an individual deemed clinically appropriate for 
    inpatient admission in a State psychiatric hospital; and
        (ix) an individual transferred by the Department of 
    Corrections pursuant to Section 3-8-5 of the Unified Code 
    of Corrections.
    "Consumer record" means a record that organizes all 
information on the care, treatment, and rehabilitation 
services rendered to a consumer in a specialized mental health 
rehabilitation facility.
    "Controlled drugs" means those drugs covered under the 
federal Comprehensive Drug Abuse Prevention Control Act of 
1970, as amended, or the Illinois Controlled Substances Act.
    "Department" means the Department of Public Health.
    "Discharge" means the full release of any consumer from a 
facility.
    "Drug administration" means the act in which a single dose 
of a prescribed drug or biological is given to a consumer. The 
complete act of administration entails removing an individual 
dose from a container, verifying the dose with the 
prescriber's orders, giving the individual dose to the 
consumer, and promptly recording the time and dose given.
    "Drug dispensing" means the act entailing the following of 
a prescription order for a drug or biological and proper 
selection, measuring, packaging, labeling, and issuance of the 
drug or biological to a consumer.
    "Emergency" means a situation, physical condition, or one 
or more practices, methods, or operations which present 
imminent danger of death or serious physical or mental harm to 
consumers of a facility.
    "Facility" means a specialized mental health 
rehabilitation facility that provides at least one of the 
following services: (1) triage center; (2) crisis 
stabilization; (3) recovery and rehabilitation supports; or 
(4) transitional living units for 3 or more persons. The 
facility shall provide a 24-hour program that provides 
intensive support and recovery services designed to assist 
persons, 18 years or older, with mental disorders to develop 
the skills to become self-sufficient and capable of increasing 
levels of independent functioning. It includes facilities that 
meet the following criteria:
        (1) 100% of the consumer population of the facility 
    has a diagnosis of serious mental illness;
        (2) no more than 15% of the consumer population of the 
    facility is 65 years of age or older;
        (3) none of the consumers are non-ambulatory;
        (4) none of the consumers have a primary diagnosis of 
    moderate, severe, or profound intellectual disability; and
        (5) the facility must have been licensed under the 
    Specialized Mental Health Rehabilitation Act or the 
    Nursing Home Care Act immediately preceding July 22, 2013 
    (the effective date of this Act) and qualifies as an 
    institute for mental disease under the federal definition 
    of the term.
    "Facility" does not include the following:
        (1) a home, institution, or place operated by the 
    federal government or agency thereof, or by the State of 
    Illinois;
        (2) a hospital, sanitarium, or other institution whose 
    principal activity or business is the diagnosis, care, and 
    treatment of human illness through the maintenance and 
    operation as organized facilities therefor which is 
    required to be licensed under the Hospital Licensing Act;
        (3) a facility for child care as defined in the Child 
    Care Act of 1969;
        (4) a community living facility as defined in the 
    Community Living Facilities Licensing Act;
        (5) a nursing home or sanitarium operated solely by 
    and for persons who rely exclusively upon treatment by 
    spiritual means through prayer, in accordance with the 
    creed or tenets of any well-recognized church or religious 
    denomination; however, such nursing home or sanitarium 
    shall comply with all local laws and rules relating to 
    sanitation and safety;
        (6) a facility licensed by the Department of Human 
    Services as a community-integrated living arrangement as 
    defined in the Community-Integrated Living Arrangements 
    Licensure and Certification Act;
        (7) a supportive residence licensed under the 
    Supportive Residences Licensing Act;
        (8) a supportive living facility in good standing with 
    the program established under Section 5-5.01a of the 
    Illinois Public Aid Code, except only for purposes of the 
    employment of persons in accordance with Section 3-206.01 
    of the Nursing Home Care Act;
        (9) an assisted living or shared housing establishment 
    licensed under the Assisted Living and Shared Housing Act, 
    except only for purposes of the employment of persons in 
    accordance with Section 3-206.01 of the Nursing Home Care 
    Act;
        (10) an Alzheimer's disease management center 
    alternative health care model licensed under the 
    Alternative Health Care Delivery Act;
        (11) a home, institution, or other place operated by 
    or under the authority of the Illinois Department of 
    Veterans' Affairs;
        (12) a facility licensed under the ID/DD Community 
    Care Act;
        (13) a facility licensed under the Nursing Home Care 
    Act after July 22, 2013 (the effective date of this Act); 
    or
        (14) a facility licensed under the MC/DD Act; or . 
        (15) a psychiatric residential treatment facility 
    certified under the Psychiatric Residential Treatment 
    Facilities (PRTF) Act. 
    "Executive director" means a person who is charged with 
the general administration and supervision of a facility 
licensed under this Act and who is a licensed nursing home 
administrator, licensed practitioner of the healing arts, or 
qualified mental health professional.
    "Guardian" means a person appointed as a guardian of the 
person or guardian of the estate, or both, of a consumer under 
the Probate Act of 1975.
    "Identified offender" means a person who meets any of the 
following criteria:
        (1) Has been convicted of, found guilty of, 
    adjudicated delinquent for, found not guilty by reason of 
    insanity for, or found unfit to stand trial for, any 
    felony offense listed in Section 25 of the Health Care 
    Worker Background Check Act, except for the following:
            (i) a felony offense described in Section 10-5 of 
        the Nurse Practice Act;
            (ii) a felony offense described in Section 4, 5, 
        6, 8, or 17.02 of the Illinois Credit Card and Debit 
        Card Act;
            (iii) a felony offense described in Section 5, 
        5.1, 5.2, 7, or 9 of the Cannabis Control Act;
            (iv) a felony offense described in Section 401, 
        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois 
        Controlled Substances Act; and
            (v) a felony offense described in the 
        Methamphetamine Control and Community Protection Act.
        (2) Has been convicted of, adjudicated delinquent for, 
    found not guilty by reason of insanity for, or found unfit 
    to stand trial for any sex offense as defined in 
    subsection (c) of Section 10 of the Sex Offender 
    Management Board Act.
    "Transitional living units" are residential units within a 
facility that have the purpose of assisting the consumer in 
developing and reinforcing the necessary skills to live 
independently outside of the facility. The duration of stay in 
such a setting shall not exceed 120 days for each consumer. 
Nothing in this definition shall be construed to be a 
prerequisite for transitioning out of a facility.
    "Licensee" means the person, persons, firm, partnership, 
association, organization, company, corporation, or business 
trust to which a license has been issued.
    "Misappropriation of a consumer's property" means the 
deliberate misplacement, exploitation, or wrongful temporary 
or permanent use of a consumer's belongings or money without 
the consent of a consumer or his or her guardian.
    "Neglect" means a facility's failure to provide, or 
willful withholding of, adequate medical care, mental health 
treatment, psychiatric rehabilitation, personal care, or 
assistance that is necessary to avoid physical harm and mental 
anguish of a consumer.
    "Personal care" means assistance with meals, dressing, 
movement, bathing, or other personal needs, maintenance, or 
general supervision and oversight of the physical and mental 
well-being of an individual who is incapable of maintaining a 
private, independent residence or who is incapable of managing 
his or her person, whether or not a guardian has been appointed 
for such individual. "Personal care" shall not be construed to 
confine or otherwise constrain a facility's pursuit to develop 
the skills and abilities of a consumer to become 
self-sufficient and capable of increasing levels of 
independent functioning.
    "Recovery and rehabilitation supports" means a program 
that facilitates a consumer's longer-term symptom management 
and stabilization while preparing the consumer for 
transitional living units by improving living skills and 
community socialization. The duration of stay in such a 
setting shall be established by the Department by rule.
    "Restraint" means:
        (i) a physical restraint that is any manual method or 
    physical or mechanical device, material, or equipment 
    attached or adjacent to a consumer's body that the 
    consumer cannot remove easily and restricts freedom of 
    movement or normal access to one's body; devices used for 
    positioning, including, but not limited to, bed rails, 
    gait belts, and cushions, shall not be considered to be 
    restraints for purposes of this Section; or
        (ii) a chemical restraint that is any drug used for 
    discipline or convenience and not required to treat 
    medical symptoms; the Department shall, by rule, designate 
    certain devices as restraints, including at least all 
    those devices that have been determined to be restraints 
    by the United States Department of Health and Human 
    Services in interpretive guidelines issued for the 
    purposes of administering Titles XVIII and XIX of the 
    federal Social Security Act. For the purposes of this Act, 
    restraint shall be administered only after utilizing a 
    coercive free environment and culture.
    "Self-administration of medication" means consumers shall 
be responsible for the control, management, and use of their 
own medication.
    "Crisis stabilization" means a secure and separate unit 
that provides short-term behavioral, emotional, or psychiatric 
crisis stabilization as an alternative to hospitalization or 
re-hospitalization for consumers from residential or community 
placement. The duration of stay in such a setting shall not 
exceed 21 days for each consumer. 
    "Therapeutic separation" means the removal of a consumer 
from the milieu to a room or area which is designed to aid in 
the emotional or psychiatric stabilization of that consumer.
    "Triage center" means a non-residential 23-hour center 
that serves as an alternative to emergency room care, 
hospitalization, or re-hospitalization for consumers in need 
of short-term crisis stabilization. Consumers may access a 
triage center from a number of referral sources, including 
family, emergency rooms, hospitals, community behavioral 
health providers, federally qualified health providers, or 
schools, including colleges or universities. A triage center 
may be located in a building separate from the licensed 
location of a facility, but shall not be more than 1,000 feet 
from the licensed location of the facility and must meet all of 
the facility standards applicable to the licensed location. If 
the triage center does operate in a separate building, safety 
personnel shall be provided, on site, 24 hours per day and the 
triage center shall meet all other staffing requirements 
without counting any staff employed in the main facility 
building. 
(Source: P.A. 102-1053, eff. 6-10-22; 102-1118, eff. 1-18-23.)
 
    Section 110. The Hospital Licensing Act is amended by 
changing Section 3 as follows:
 
    (210 ILCS 85/3)
    Sec. 3. As used in this Act: 
    (A) "Hospital" means any institution, place, building, 
buildings on a campus, or agency, public or private, whether 
organized for profit or not, devoted primarily to the 
maintenance and operation of facilities for the diagnosis and 
treatment or care of 2 or more unrelated persons admitted for 
overnight stay or longer in order to obtain medical, including 
obstetric, psychiatric and nursing, care of illness, disease, 
injury, infirmity, or deformity.
    The term "hospital", without regard to length of stay, 
shall also include:
        (a) any facility which is devoted primarily to 
    providing psychiatric and related services and programs 
    for the diagnosis and treatment or care of 2 or more 
    unrelated persons suffering from emotional or nervous 
    diseases;
        (b) all places where pregnant females are received, 
    cared for, or treated during delivery irrespective of the 
    number of patients received; and
        (c) on and after January 1, 2023, a rural emergency 
    hospital, as that term is defined under subsection 
    (kkk)(2) of Section 1861 of the federal Social Security 
    Act; to provide for the expeditious and timely 
    implementation of this amendatory Act of the 102nd General 
    Assembly, emergency rules to implement the changes made to 
    the definition of "hospital" by this amendatory Act of the 
    102nd General Assembly may be adopted by the Department 
    subject to the provisions of Section 5-45 of the Illinois 
    Administrative Procedure Act. 
    The term "hospital" includes general and specialized 
hospitals, tuberculosis sanitaria, mental or psychiatric 
hospitals and sanitaria, and includes maternity homes, 
lying-in homes, and homes for unwed mothers in which care is 
given during delivery.
    The term "hospital" does not include:
        (1) any person or institution required to be licensed 
    pursuant to the Nursing Home Care Act, the Specialized 
    Mental Health Rehabilitation Act of 2013, the ID/DD 
    Community Care Act, or the MC/DD Act;
        (2) hospitalization or care facilities maintained by 
    the State or any department or agency thereof, where such 
    department or agency has authority under law to establish 
    and enforce standards for the hospitalization or care 
    facilities under its management and control;
        (3) hospitalization or care facilities maintained by 
    the federal government or agencies thereof;
        (4) hospitalization or care facilities maintained by 
    any university or college established under the laws of 
    this State and supported principally by public funds 
    raised by taxation;
        (5) any person or facility required to be licensed 
    pursuant to the Substance Use Disorder Act;
        (6) any facility operated solely by and for persons 
    who rely exclusively upon treatment by spiritual means 
    through prayer, in accordance with the creed or tenets of 
    any well-recognized church or religious denomination;
        (7) an Alzheimer's disease management center 
    alternative health care model licensed under the 
    Alternative Health Care Delivery Act; or
        (8) any veterinary hospital or clinic operated by a 
    veterinarian or veterinarians licensed under the 
    Veterinary Medicine and Surgery Practice Act of 2004 or 
    maintained by a State-supported or publicly funded 
    university or college; or . 
        (9) a psychiatric residential treatment facility 
    certified under the Psychiatric Residential Treatment 
    Facilities (PRTF) Act. 
    (B) "Person" means the State, and any political 
subdivision or municipal corporation, individual, firm, 
partnership, corporation, company, association, or joint stock 
association, or the legal successor thereof.
    (C) "Department" means the Department of Public Health of 
the State of Illinois.
    (D) "Director" means the Director of Public Health of the 
State of Illinois.
    (E) "Perinatal" means the period of time between the 
conception of an infant and the end of the first month after 
birth.
    (F) "Federally designated organ procurement agency" means 
the organ procurement agency designated by the Secretary of 
the U.S. Department of Health and Human Services for the 
service area in which a hospital is located; except that in the 
case of a hospital located in a county adjacent to Wisconsin 
which currently contracts with an organ procurement agency 
located in Wisconsin that is not the organ procurement agency 
designated by the U.S. Secretary of Health and Human Services 
for the service area in which the hospital is located, if the 
hospital applies for a waiver pursuant to 42 U.S.C. 
1320b-8(a), it may designate an organ procurement agency 
located in Wisconsin to be thereafter deemed its federally 
designated organ procurement agency for the purposes of this 
Act.
    (G) "Tissue bank" means any facility or program operating 
in Illinois that is certified by the American Association of 
Tissue Banks or the Eye Bank Association of America and is 
involved in procuring, furnishing, donating, or distributing 
corneas, bones, or other human tissue for the purpose of 
injecting, transfusing, or transplanting any of them into the 
human body. "Tissue bank" does not include a licensed blood 
bank. For the purposes of this Act, "tissue" does not include 
organs.
    (H) "Campus", as this term applies to operations, has the 
same meaning as the term "campus" as set forth in federal 
Medicare regulations, 42 CFR 413.65. 
(Source: P.A. 102-1118, eff. 1-18-23.)
 
    Section 115. The Nursing Home Care Act is amended by 
changing Section 1-113 as follows:
 
    (210 ILCS 45/1-113)  (from Ch. 111 1/2, par. 4151-113)
    Sec. 1-113. "Facility" or "long-term care facility" means 
a private home, institution, building, residence, or any other 
place, whether operated for profit or not, or a county home for 
the infirm and chronically ill operated pursuant to Division 
5-21 or 5-22 of the Counties Code, or any similar institution 
operated by a political subdivision of the State of Illinois, 
which provides, through its ownership or management, personal 
care, sheltered care or nursing for 3 or more persons, not 
related to the applicant or owner by blood or marriage. It 
includes skilled nursing facilities and intermediate care 
facilities as those terms are defined in Title XVIII and Title 
XIX of the federal Social Security Act. It also includes 
homes, institutions, or other places operated by or under the 
authority of the Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
        (1) A home, institution, or other place operated by 
    the federal government or agency thereof, or by the State 
    of Illinois, other than homes, institutions, or other 
    places operated by or under the authority of the Illinois 
    Department of Veterans' Affairs;
        (2) A hospital, sanitarium, or other institution whose 
    principal activity or business is the diagnosis, care, and 
    treatment of human illness through the maintenance and 
    operation as organized facilities therefor, which is 
    required to be licensed under the Hospital Licensing Act;
        (3) Any "facility for child care" as defined in the 
    Child Care Act of 1969;
        (4) Any "Community Living Facility" as defined in the 
    Community Living Facilities Licensing Act;
        (5) Any "community residential alternative" as defined 
    in the Community Residential Alternatives Licensing Act;
        (6) Any nursing home or sanatorium operated solely by 
    and for persons who rely exclusively upon treatment by 
    spiritual means through prayer, in accordance with the 
    creed or tenets of any well-recognized church or religious 
    denomination. However, such nursing home or sanatorium 
    shall comply with all local laws and rules relating to 
    sanitation and safety;
        (7) Any facility licensed by the Department of Human 
    Services as a community-integrated living arrangement as 
    defined in the Community-Integrated Living Arrangements 
    Licensure and Certification Act;
        (8) Any "Supportive Residence" licensed under the 
    Supportive Residences Licensing Act;
        (9) Any "supportive living facility" in good standing 
    with the program established under Section 5-5.01a of the 
    Illinois Public Aid Code, except only for purposes of the 
    employment of persons in accordance with Section 3-206.01;
        (10) Any assisted living or shared housing 
    establishment licensed under the Assisted Living and 
    Shared Housing Act, except only for purposes of the 
    employment of persons in accordance with Section 3-206.01;
        (11) An Alzheimer's disease management center 
    alternative health care model licensed under the 
    Alternative Health Care Delivery Act;
        (12) A facility licensed under the ID/DD Community 
    Care Act; 
        (13) A facility licensed under the Specialized Mental 
    Health Rehabilitation Act of 2013; 
        (14) A facility licensed under the MC/DD Act; or 
        (15) A medical foster home, as defined in 38 CFR 
    17.73, that is under the oversight of the United States 
    Department of Veterans Affairs; or .
        (16) A psychiatric residential treatment facility 
    certified under the Psychiatric Residential Treatment 
    Facilities (PRTF) Act. 
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; 
99-376, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
    Section 120. The ID/DD Community Care Act is amended by 
changing Section 1-113 as follows:
 
    (210 ILCS 47/1-113)
    Sec. 1-113. Facility.  "ID/DD facility" or "facility" 
means an intermediate care facility for persons with 
developmental disabilities, whether operated for profit or 
not, which provides, through its ownership or management, 
personal care or nursing for 3 or more persons not related to 
the applicant or owner by blood or marriage. It includes 
intermediate care facilities for the intellectually disabled 
as the term is defined in Title XVIII and Title XIX of the 
federal Social Security Act. 
    "Facility" does not include the following: 
        (1) A home, institution, or other place operated by 
    the federal government or agency thereof, or by the State 
    of Illinois, other than homes, institutions, or other 
    places operated by or under the authority of the Illinois 
    Department of Veterans' Affairs;
        (2) A hospital, sanitarium, or other institution whose 
    principal activity or business is the diagnosis, care, and 
    treatment of human illness through the maintenance and 
    operation as organized facilities therefore, which is 
    required to be licensed under the Hospital Licensing Act;
        (3) Any "facility for child care" as defined in the 
    Child Care Act of 1969;
        (4) Any "community living facility" as defined in the 
    Community Living Facilities Licensing Act;
        (5) Any "community residential alternative" as defined 
    in the Community Residential Alternatives Licensing Act;
        (6) Any nursing home or sanatorium operated solely by 
    and for persons who rely exclusively upon treatment by 
    spiritual means through prayer, in accordance with the 
    creed or tenets of any well recognized church or religious 
    denomination. However, such nursing home or sanatorium 
    shall comply with all local laws and rules relating to 
    sanitation and safety;
        (7) Any facility licensed by the Department of Human 
    Services as a community-integrated living arrangement as 
    defined in the Community-Integrated Living Arrangements 
    Licensure and Certification Act;
        (8) Any "supportive residence" licensed under the 
    Supportive Residences Licensing Act;
        (9) Any "supportive living facility" in good standing 
    with the program established under Section 5-5.01a of the 
    Illinois Public Aid Code, except only for purposes of the 
    employment of persons in accordance with Section 3-206.01;
        (10) Any assisted living or shared housing 
    establishment licensed under the Assisted Living and 
    Shared Housing Act, except only for purposes of the 
    employment of persons in accordance with Section 3-206.01; 
        (11) An Alzheimer's disease management center 
    alternative health care model licensed under the 
    Alternative Health Care Delivery Act;
        (12) A home, institution, or other place operated by 
    or under the authority of the Illinois Department of 
    Veterans' Affairs; or 
        (13) Any MC/DD facility licensed under the MC/DD Act; 
    or . 
        (14) A psychiatric residential treatment facility 
    certified under the Psychiatric Residential Treatment 
    Facilities (PRTF) Act. 
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 
99-642, eff. 7-28-16.)
 
    Section 125. The Child Care Act of 1969 is amended by 
changing Section 2.06 as follows:
 
    (225 ILCS 10/2.06)  (from Ch. 23, par. 2212.06)
    Sec. 2.06. "Child care institution" means a child care 
facility where more than 7 children are received and 
maintained for the purpose of providing them with care or 
training or both. The term "child care institution" includes 
residential schools, primarily serving ambulatory children 
with disabilities, and those operating a full calendar year, 
but does not include:
        (a) any State-operated institution for child care 
    established by legislative action;
        (b) any juvenile detention or shelter care home 
    established and operated by any county or child protection 
    district established under the "Child Protection Act";
        (c) any institution, home, place or facility operating 
    under a license pursuant to the Nursing Home Care Act, the 
    Specialized Mental Health Rehabilitation Act of 2013, the 
    ID/DD Community Care Act, or the MC/DD Act;
        (d) any bona fide boarding school in which children 
    are primarily taught branches of education corresponding 
    to those taught in public schools, grades one through 12, 
    or taught in public elementary schools, high schools, or 
    both elementary and high schools, and which operates on a 
    regular academic school year basis;
        (e) any facility licensed as a "group home" as defined 
    in this Act; or
        (f) any qualified residential treatment program; or .
        (g) any psychiatric residential treatment facility 
    certified under the Psychiatric Residential Treatment 
    Facilities (PRTF) Act. 
(Source: P.A. 103-564, eff. 11-17-23.)
 
    Section 999. Effective date. This Act takes effect upon 
becoming law.