Full Text of SB1739 101st General Assembly
SB1739ham001 101ST GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 5/17/2019
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| 1 | | AMENDMENT TO SENATE BILL 1739
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1739 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended by changing Sections 6, 8.5, 12, and 12.2 and by adding | 6 | | Section 8.7 as follows:
| 7 | | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| 8 | | (Section scheduled to be repealed on December 31, 2029)
| 9 | | Sec. 6. Application for permit or exemption; exemption | 10 | | regulations.
| 11 | | (a) An application for a permit or exemption shall be made | 12 | | to
the State Board upon forms provided by the State Board. This | 13 | | application
shall contain such information
as the State Board | 14 | | deems necessary. The State Board shall not require an applicant | 15 | | to file a Letter of Intent before an application is filed. Such
| 16 | | application shall include affirmative evidence on which the |
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| 1 | | State
Board or Chairman may make its decision on the approval | 2 | | or denial of the permit or
exemption.
| 3 | | (b) The State Board shall establish by regulation the | 4 | | procedures and
requirements
regarding issuance of exemptions.
| 5 | | An exemption shall be approved when information required by the | 6 | | Board by rule
is submitted. Projects
eligible for an exemption, | 7 | | rather than a permit, include, but are not limited
to,
change | 8 | | of ownership of a health care facility , discontinuation of a | 9 | | category of service, and discontinuation of a health care | 10 | | facility , other than a health care facility maintained by the | 11 | | State or any agency or department thereof or a nursing home | 12 | | maintained by a county. The Board may accept an application for | 13 | | an exemption for the discontinuation of a category of service | 14 | | at a health care facility only once in a 12-month period | 15 | | following (1) the previous application for exemption at the | 16 | | same health care facility or (2) the final decision of the | 17 | | Board regarding the discontinuation of a category service at | 18 | | the same health care facility, whichever occurs later. A | 19 | | discontinuation of a category of service shall otherwise | 20 | | require an application for a permit if an application for an | 21 | | exemption has already been accepted within the 12-month period. | 22 | | For a change of
ownership among related persons of a health | 23 | | care
facility, the State Board shall provide by rule for an
| 24 | | expedited
process for obtaining an exemption in accordance with | 25 | | Section 8.5 of this Act . For the purposes of this Section, | 26 | | "change of ownership among related persons" means a transaction |
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| 1 | | in which the parties to the transaction are under common | 2 | | control or ownership before and after the transaction is | 3 | | complete.
| 4 | | (c) All applications shall be signed by the applicant and | 5 | | shall be
verified by any 2 officers thereof.
| 6 | | (c-5) Any written review or findings of the Board staff set | 7 | | forth in the State Board Staff Report concerning an application | 8 | | for a permit must be made available to the public and the | 9 | | applicant at least 14 calendar days before the meeting of the | 10 | | State Board at which the review or findings are considered. The | 11 | | applicant and members of the public may submit, to the State | 12 | | Board, written responses regarding the facts set forth in the | 13 | | review or findings of the Board staff. Members of the public | 14 | | and the applicant shall have until 10 days before the meeting | 15 | | of the State Board to submit any written response concerning | 16 | | the Board staff's written review or findings. The Board staff | 17 | | may revise any findings to address corrections of factual | 18 | | errors cited in the public response. At the meeting, the State | 19 | | Board may, in its discretion, permit the submission of other | 20 | | additional written materials.
| 21 | | (d) Upon receipt of an application for a permit, the State | 22 | | Board shall
approve and authorize the issuance of a permit if | 23 | | it finds (1) that the
applicant is fit, willing, and able to | 24 | | provide a proper standard of
health care service for the | 25 | | community with particular regard to the
qualification, | 26 | | background and character of the applicant, (2) that
economic |
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| 1 | | feasibility is demonstrated in terms of effect on the existing
| 2 | | and projected operating budget of the applicant and of the | 3 | | health care
facility; in terms of the applicant's ability to | 4 | | establish and operate
such facility in accordance with | 5 | | licensure regulations promulgated under
pertinent state laws; | 6 | | and in terms of the projected impact on the total
health care | 7 | | expenditures in the facility and community, (3) that
safeguards | 8 | | are provided that assure that the establishment,
construction | 9 | | or modification of the health care facility or acquisition
of | 10 | | major medical equipment is consistent
with the public interest, | 11 | | and (4) that the proposed project is consistent
with the | 12 | | orderly and economic
development of such facilities and | 13 | | equipment and is in accord with standards,
criteria, or plans | 14 | | of need adopted and approved pursuant to the
provisions of | 15 | | Section 12 of this Act.
| 16 | | (Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18; | 17 | | 100-681, eff. 8-3-18 .)
| 18 | | (20 ILCS 3960/8.5) | 19 | | (Section scheduled to be repealed on December 31, 2029) | 20 | | Sec. 8.5. Certificate of exemption for change of ownership | 21 | | of a health care facility; discontinuation of a health care | 22 | | facility or category of service; public notice and public | 23 | | hearing. | 24 | | (a) Upon a finding that an application for a change of | 25 | | ownership is complete, the State Board shall publish a legal |
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| 1 | | notice on 3 consecutive days one day in a newspaper of general | 2 | | circulation in the area or community to be affected and afford | 3 | | the public an opportunity to request a hearing. If the | 4 | | application is for a facility located in a Metropolitan | 5 | | Statistical Area, an additional legal notice shall be published | 6 | | in a newspaper of limited circulation, if one exists, in the | 7 | | area in which the facility is located. If the newspaper of | 8 | | limited circulation is published on a daily basis, the | 9 | | additional legal notice shall be published on 3 consecutive | 10 | | days one day . The applicant shall pay the cost incurred by the | 11 | | Board in publishing the change of ownership notice in | 12 | | newspapers as required under this subsection. The legal notice | 13 | | shall also be posted on the Health Facilities and Services | 14 | | Review Board's web site and sent to the State Representative | 15 | | and State Senator of the district in which the health care | 16 | | facility is located. An application for change of ownership of | 17 | | a hospital shall not be deemed complete without a signed | 18 | | certification that for a period of 2 years after the change of | 19 | | ownership transaction is effective, the hospital will not adopt | 20 | | a charity care policy that is
more restrictive than the policy | 21 | | in effect during the year prior to the transaction. An | 22 | | application for a change of ownership need not contain signed | 23 | | transaction documents so long as it includes the following key | 24 | | terms of the transaction: names and background of the parties; | 25 | | structure of the transaction; the person who will be the | 26 | | licensed or certified entity after the transaction; the |
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| 1 | | ownership or membership interests in such licensed or certified | 2 | | entity both prior to and after the transaction; fair market | 3 | | value of assets to be transferred; and the purchase price or | 4 | | other form of consideration to be provided for those assets. | 5 | | The issuance of the certificate of exemption shall be | 6 | | contingent upon the applicant submitting a statement to the | 7 | | Board within 90 days after the closing date of the transaction, | 8 | | or such longer period as provided by the Board, certifying that | 9 | | the change of ownership has been completed in accordance with | 10 | | the key terms contained in the application. If such key terms | 11 | | of the transaction change, a new application shall be required. | 12 | | Where a change of ownership is among related persons, and | 13 | | there are no other changes being proposed at the health care | 14 | | facility that would otherwise require a permit or exemption | 15 | | under this Act, the applicant shall submit an application | 16 | | consisting of a standard notice in a form set forth by the | 17 | | Board briefly explaining the reasons for the proposed change of | 18 | | ownership. Once such an application is submitted to the Board | 19 | | and reviewed by the Board staff, the Board Chair shall take | 20 | | action on an application for an exemption for a change of | 21 | | ownership among related persons within 45 days after the | 22 | | application has been deemed complete, provided the application | 23 | | meets the applicable standards under this Section. If the Board | 24 | | Chair has a conflict of interest or for other good cause, the | 25 | | Chair may request review by the Board. Notwithstanding any | 26 | | other provision of this Act, for purposes of this Section, a |
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| 1 | | change of ownership among related persons means a transaction | 2 | | where the parties to the transaction are under common control | 3 | | or ownership before and after the transaction is completed. | 4 | | Nothing in this Act shall be construed as authorizing the | 5 | | Board to impose any conditions, obligations, or limitations, | 6 | | other than those required by this Section, with respect to the | 7 | | issuance of an exemption for a change of ownership, including, | 8 | | but not limited to, the time period before which a subsequent | 9 | | change of ownership of the health care facility could be | 10 | | sought, or the commitment to continue to offer for a specified | 11 | | time period any services currently offered by the health care | 12 | | facility. | 13 | | (a-3) (Blank). Upon a finding that an application to close | 14 | | a health care facility is complete, the State Board shall | 15 | | publish a legal notice on 3 consecutive days in a newspaper of | 16 | | general circulation in the area or community to be affected and | 17 | | afford the public an opportunity to request a hearing. If the | 18 | | application is for a facility located in a Metropolitan | 19 | | Statistical Area, an additional legal notice shall be published | 20 | | in a newspaper of limited circulation, if one exists, in the | 21 | | area in which the facility is located. If the newspaper of | 22 | | limited circulation is published on a daily basis, the | 23 | | additional legal notice shall be published on 3 consecutive | 24 | | days. The legal notice shall also be posted on the Health | 25 | | Facilities and Services Review Board's web site and sent to the | 26 | | State Representative and State Senator of the district in which |
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| 1 | | the health care facility is located. In addition, the health | 2 | | care facility shall provide notice of closure to the local | 3 | | media that the health care facility would routinely notify | 4 | | about facility events. No later than 90 days after a | 5 | | discontinuation of a health facility, the applicant must submit | 6 | | a statement to the State Board certifying that the | 7 | | discontinuation is complete. | 8 | | (a-5) (Blank). Upon a finding that an application to | 9 | | discontinue a category of service is complete and provides the | 10 | | requested information, as specified by the State Board, an | 11 | | exemption shall be issued. No later than 30 days after the | 12 | | issuance of the exemption, the health care facility must give | 13 | | written notice of the discontinuation of the category of | 14 | | service to the State Senator and State Representative serving | 15 | | the legislative district in which the health care facility is | 16 | | located. No later than 90 days after a discontinuation of a | 17 | | category of service, the applicant must submit a statement to | 18 | | the State Board certifying that the discontinuation is | 19 | | complete. | 20 | | (b) If a public hearing is requested, it shall be held at | 21 | | least 15 days but no more than 30 days after the date of | 22 | | publication of the legal notice in the community in which the | 23 | | facility is located. The hearing shall be held in the affected | 24 | | area or community in a place of reasonable size and | 25 | | accessibility and a full and complete written transcript of the | 26 | | proceedings shall be made. All interested persons attending the |
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| 1 | | hearing shall be given a reasonable opportunity to present | 2 | | their positions in writing or orally. The applicant shall | 3 | | provide a summary or describe the proposed change of ownership | 4 | | of the proposal for distribution at the public hearing.
| 5 | | (c) For the purposes of this Section "newspaper of limited | 6 | | circulation" means a newspaper intended to serve a particular | 7 | | or defined population of a specific geographic area within a | 8 | | Metropolitan Statistical Area such as a municipality, town, | 9 | | village, township, or community area, but does not include | 10 | | publications of professional and trade associations. | 11 | | (d) The changes made to this Section by this amendatory Act | 12 | | of the 101st General Assembly shall apply to all applications | 13 | | submitted after the effective date of this amendatory Act of | 14 | | the 101st General Assembly. | 15 | | (Source: P.A. 99-154, eff. 7-28-15; 99-527, eff. 1-1-17; | 16 | | 99-551, eff. 7-15-16; 100-201, eff. 8-18-17 .) | 17 | | (20 ILCS 3960/8.7 new) | 18 | | Sec. 8.7. Application for permit for discontinuation of a | 19 | | health care facility or category of service; public notice and | 20 | | public hearing. | 21 | | (a) Upon a finding that an application to close a health | 22 | | care facility or discontinue a category of service is complete, | 23 | | the State Board shall publish a legal notice on 3 consecutive | 24 | | days in a newspaper of general circulation in the area or | 25 | | community to be affected and afford the public an opportunity |
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| 1 | | to request a hearing. If the application is for a facility | 2 | | located in a Metropolitan Statistical Area, an additional legal | 3 | | notice shall be published in a newspaper of limited | 4 | | circulation, if one exists, in the area in which the facility | 5 | | is located. If the newspaper of limited circulation is | 6 | | published on a daily basis, the additional legal notice shall | 7 | | be published on 3 consecutive days. The legal notice shall also | 8 | | be posted on the Health Facilities and Services Review Board's | 9 | | website and sent to the State Representative and State Senator | 10 | | of the district in which the health care facility is located. | 11 | | In addition, the health care facility shall provide notice of | 12 | | closure to the local media that the health care facility would | 13 | | routinely notify about facility events. | 14 | | (b) No later than 30 days after issuance of a permit to | 15 | | close a health care facility or discontinue a category of | 16 | | service, the permit holder shall give written notice of the | 17 | | closure or discontinuation to the State Senator and State | 18 | | Representative serving the legislative district in which the | 19 | | health care facility is located. | 20 | | (c) If there is a pending lawsuit concerning the closure of | 21 | | a health care facility or the discontinuation of a category of | 22 | | service at a health care facility for which an
application for | 23 | | a permit is under review, the Board may
defer any pending | 24 | | action involving that application until the
resolution of the | 25 | | lawsuit. | 26 | | (d) The changes made to this Section by this amendatory Act |
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| 1 | | of the 101st General Assembly shall apply to all applications | 2 | | submitted after the effective date of this amendatory Act of | 3 | | the 101st General Assembly.
| 4 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 5 | | (Section scheduled to be repealed on December 31, 2029) | 6 | | Sec. 12. Powers and duties of State Board. For purposes of | 7 | | this Act,
the State Board
shall
exercise the following powers | 8 | | and duties:
| 9 | | (1) Prescribe rules,
regulations, standards, criteria, | 10 | | procedures or reviews which may vary
according to the purpose | 11 | | for which a particular review is being conducted
or the type of | 12 | | project reviewed and which are required to carry out the
| 13 | | provisions and purposes of this Act. Policies and procedures of | 14 | | the State Board shall take into consideration the priorities | 15 | | and needs of medically underserved areas and other health care | 16 | | services, giving special consideration to the impact of | 17 | | projects on access to safety net services.
| 18 | | (2) Adopt procedures for public
notice and hearing on all | 19 | | proposed rules, regulations, standards,
criteria, and plans | 20 | | required to carry out the provisions of this Act.
| 21 | | (3) (Blank).
| 22 | | (4) Develop criteria and standards for health care | 23 | | facilities planning,
conduct statewide inventories of health | 24 | | care facilities, maintain an updated
inventory on the Board's | 25 | | web site reflecting the
most recent bed and service
changes and |
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| 1 | | updated need determinations when new census data become | 2 | | available
or new need formulae
are adopted,
and
develop health | 3 | | care facility plans which shall be utilized in the review of
| 4 | | applications for permit under
this Act. Such health facility | 5 | | plans shall be coordinated by the Board
with pertinent State | 6 | | Plans. Inventories pursuant to this Section of skilled or | 7 | | intermediate care facilities licensed under the Nursing Home | 8 | | Care Act, skilled or intermediate care facilities licensed | 9 | | under the ID/DD Community Care Act, skilled or intermediate | 10 | | care facilities licensed under the MC/DD Act, facilities | 11 | | licensed under the Specialized Mental Health Rehabilitation | 12 | | Act of 2013, or nursing homes licensed under the Hospital | 13 | | Licensing Act shall be conducted on an annual basis no later | 14 | | than July 1 of each year and shall include among the | 15 | | information requested a list of all services provided by a | 16 | | facility to its residents and to the community at large and | 17 | | differentiate between active and inactive beds.
| 18 | | In developing health care facility plans, the State Board | 19 | | shall consider,
but shall not be limited to, the following:
| 20 | | (a) The size, composition and growth of the population | 21 | | of the area
to be served;
| 22 | | (b) The number of existing and planned facilities | 23 | | offering similar
programs;
| 24 | | (c) The extent of utilization of existing facilities;
| 25 | | (d) The availability of facilities which may serve as | 26 | | alternatives
or substitutes;
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| 1 | | (e) The availability of personnel necessary to the | 2 | | operation of the
facility;
| 3 | | (f) Multi-institutional planning and the establishment | 4 | | of
multi-institutional systems where feasible;
| 5 | | (g) The financial and economic feasibility of proposed | 6 | | construction
or modification; and
| 7 | | (h) In the case of health care facilities established | 8 | | by a religious
body or denomination, the needs of the | 9 | | members of such religious body or
denomination may be | 10 | | considered to be public need.
| 11 | | The health care facility plans which are developed and | 12 | | adopted in
accordance with this Section shall form the basis | 13 | | for the plan of the State
to deal most effectively with | 14 | | statewide health needs in regard to health
care facilities.
| 15 | | (5) Coordinate with other state agencies having | 16 | | responsibilities
affecting health care facilities, including | 17 | | those of licensure and cost
reporting.
| 18 | | (6) Solicit, accept, hold and administer on behalf of the | 19 | | State
any grants or bequests of money, securities or property | 20 | | for
use by the State Board in the administration of this Act; | 21 | | and enter into contracts
consistent with the appropriations for | 22 | | purposes enumerated in this Act.
| 23 | | (7) (Blank).
| 24 | | (8) Prescribe rules, regulations,
standards, and criteria | 25 | | for the conduct of an expeditious review of
applications
for | 26 | | permits for projects of construction or modification of a |
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| 1 | | health care
facility, which projects are classified as | 2 | | emergency, substantive, or non-substantive in nature. | 3 | | Substantive projects shall include no more than the | 4 | | following: | 5 | | (a) Projects to construct (1) a new or replacement | 6 | | facility located on a new site or
(2) a replacement | 7 | | facility located on the same site as the original facility | 8 | | and the cost of the replacement facility exceeds the | 9 | | capital expenditure minimum, which shall be reviewed by the | 10 | | Board within 120 days; | 11 | | (b) Projects proposing a
(1) new service within an | 12 | | existing healthcare facility or
(2) discontinuation of a | 13 | | service within an existing healthcare facility, which | 14 | | shall be reviewed by the Board within 60 days; or | 15 | | (c) Projects proposing a change in the bed capacity of | 16 | | a health care facility by an increase in the total number | 17 | | of beds or by a redistribution of beds among various | 18 | | categories of service or by a relocation of beds from one | 19 | | physical facility or site to another by more than 20 beds | 20 | | or more than 10% of total bed capacity, as defined by the | 21 | | State Board, whichever is less, over a 2-year period. | 22 | | The Chairman may approve applications for exemption that | 23 | | meet the criteria set forth in rules or refer them to the full | 24 | | Board. The Chairman may approve any unopposed application that | 25 | | meets all of the review criteria or refer them to the full | 26 | | Board. |
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| 1 | | Such rules shall
not prevent the conduct of a public | 2 | | hearing upon the timely request
of an interested party. Such | 3 | | reviews shall not exceed 60 days from the
date the application | 4 | | is declared to be complete.
| 5 | | (9) Prescribe rules, regulations,
standards, and criteria | 6 | | pertaining to the granting of permits for
construction
and | 7 | | modifications which are emergent in nature and must be | 8 | | undertaken
immediately to prevent or correct structural | 9 | | deficiencies or hazardous
conditions that may harm or injure | 10 | | persons using the facility, as defined
in the rules and | 11 | | regulations of the State Board. This procedure is exempt
from | 12 | | public hearing requirements of this Act.
| 13 | | (10) Prescribe rules,
regulations, standards and criteria | 14 | | for the conduct of an expeditious
review, not exceeding 60 | 15 | | days, of applications for permits for projects to
construct or | 16 | | modify health care facilities which are needed for the care
and | 17 | | treatment of persons who have acquired immunodeficiency | 18 | | syndrome (AIDS)
or related conditions.
| 19 | | (10.5) Provide its rationale when voting on an item before | 20 | | it at a State Board meeting in order to comply with subsection | 21 | | (b) of Section 3-108 of the Code of Civil Procedure. | 22 | | (11) Issue written decisions upon request of the applicant | 23 | | or an adversely affected party to the Board. Requests for a | 24 | | written decision shall be made within 15 days after the Board | 25 | | meeting in which a final decision has been made. A "final | 26 | | decision" for purposes of this Act is the decision to approve |
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| 1 | | or deny an application, or take other actions permitted under | 2 | | this Act, at the time and date of the meeting that such action | 3 | | is scheduled by the Board. The transcript of the State Board | 4 | | meeting shall be incorporated into the Board's final decision. | 5 | | The staff of the Board shall prepare a written copy of the | 6 | | final decision and the Board shall approve a final copy for | 7 | | inclusion in the formal record. The Board shall consider, for | 8 | | approval, the written draft of the final decision no later than | 9 | | the next scheduled Board meeting. The written decision shall | 10 | | identify the applicable criteria and factors listed in this Act | 11 | | and the Board's regulations that were taken into consideration | 12 | | by the Board when coming to a final decision. If the Board | 13 | | denies or fails to approve an application for permit or | 14 | | exemption, the Board shall include in the final decision a | 15 | | detailed explanation as to why the application was denied and | 16 | | identify what specific criteria or standards the applicant did | 17 | | not fulfill. | 18 | | (12) (Blank). | 19 | | (13) Provide a mechanism for the public to comment on, and | 20 | | request changes to, draft rules and standards. | 21 | | (14) Implement public information campaigns to regularly | 22 | | inform the general public about the opportunity for public | 23 | | hearings and public hearing procedures. | 24 | | (15) Establish a separate set of rules and guidelines for | 25 | | long-term care that recognizes that nursing homes are a | 26 | | different business line and service model from other regulated |
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| 1 | | facilities. An open and transparent process shall be developed | 2 | | that considers the following: how skilled nursing fits in the | 3 | | continuum of care with other care providers, modernization of | 4 | | nursing homes, establishment of more private rooms, | 5 | | development of alternative services, and current trends in | 6 | | long-term care services.
The Chairman of the Board shall | 7 | | appoint a permanent Health Services Review Board Long-term Care | 8 | | Facility Advisory Subcommittee that shall develop and | 9 | | recommend to the Board the rules to be established by the Board | 10 | | under this paragraph (15). The Subcommittee shall also provide | 11 | | continuous review and commentary on policies and procedures | 12 | | relative to long-term care and the review of related projects. | 13 | | The Subcommittee shall make recommendations to the Board no | 14 | | later than January 1, 2016 and every January thereafter | 15 | | pursuant to the Subcommittee's responsibility for the | 16 | | continuous review and commentary on policies and procedures | 17 | | relative to long-term care. In consultation with other experts | 18 | | from the health field of long-term care, the Board and the | 19 | | Subcommittee shall study new approaches to the current bed need | 20 | | formula and Health Service Area boundaries to encourage | 21 | | flexibility and innovation in design models reflective of the | 22 | | changing long-term care marketplace and consumer preferences | 23 | | and submit its recommendations to the Chairman of the Board no | 24 | | later than January 1, 2017. The Subcommittee shall evaluate, | 25 | | and make recommendations to the State Board regarding, the | 26 | | buying, selling, and exchange of beds between long-term care |
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| 1 | | facilities within a specified geographic area or drive time. | 2 | | The Board shall file the proposed related administrative rules | 3 | | for the separate rules and guidelines for long-term care | 4 | | required by this paragraph (15) by no later than September 30, | 5 | | 2011. The Subcommittee shall be provided a reasonable and | 6 | | timely opportunity to review and comment on any review, | 7 | | revision, or updating of the criteria, standards, procedures, | 8 | | and rules used to evaluate project applications as provided | 9 | | under Section 12.3 of this Act. | 10 | | The Chairman of the Board shall appoint voting members of | 11 | | the Subcommittee, who shall serve for a period of 3 years, with | 12 | | one-third of the terms expiring each January, to be determined | 13 | | by lot. Appointees shall include, but not be limited to, | 14 | | recommendations from each of the 3 statewide long-term care | 15 | | associations, with an equal number to be appointed from each. | 16 | | Compliance with this provision shall be through the appointment | 17 | | and reappointment process. All appointees serving as of April | 18 | | 1, 2015 shall serve to the end of their term as determined by | 19 | | lot or until the appointee voluntarily resigns, whichever is | 20 | | earlier. | 21 | | One representative from the Department of Public Health, | 22 | | the Department of Healthcare and Family Services, the | 23 | | Department on Aging, and the Department of Human Services may | 24 | | each serve as an ex-officio non-voting member of the | 25 | | Subcommittee. The Chairman of the Board shall select a | 26 | | Subcommittee Chair, who shall serve for a period of 3 years. |
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| 1 | | (16) Prescribe the format of the State Board Staff Report. | 2 | | A State Board Staff Report shall pertain to applications that | 3 | | include, but are not limited to, applications for permit or | 4 | | exemption, applications for permit renewal, applications for | 5 | | extension of the financial commitment period, applications | 6 | | requesting a declaratory ruling, or applications under the | 7 | | Health Care Worker Self-Referral Act. State Board Staff Reports | 8 | | shall compare applications to the relevant review criteria | 9 | | under the Board's rules. | 10 | | (17) Establish a separate set of rules and guidelines for | 11 | | facilities licensed under the Specialized Mental Health | 12 | | Rehabilitation Act of 2013. An application for the | 13 | | re-establishment of a facility in connection with the | 14 | | relocation of the facility shall not be granted unless the | 15 | | applicant has a contractual relationship with at least one | 16 | | hospital to provide emergency and inpatient mental health | 17 | | services required by facility consumers, and at least one | 18 | | community mental health agency to provide oversight and | 19 | | assistance to facility consumers while living in the facility, | 20 | | and appropriate services, including case management, to assist | 21 | | them to prepare for discharge and reside stably in the | 22 | | community thereafter. No new facilities licensed under the | 23 | | Specialized Mental Health Rehabilitation Act of 2013 shall be | 24 | | established after June 16, 2014 (the effective date of Public | 25 | | Act 98-651) except in connection with the relocation of an | 26 | | existing facility to a new location. An application for a new |
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| 1 | | location shall not be approved unless there are adequate | 2 | | community services accessible to the consumers within a | 3 | | reasonable distance, or by use of public transportation, so as | 4 | | to facilitate the goal of achieving maximum individual | 5 | | self-care and independence. At no time shall the total number | 6 | | of authorized beds under this Act in facilities licensed under | 7 | | the Specialized Mental Health Rehabilitation Act of 2013 exceed | 8 | | the number of authorized beds on June 16, 2014 (the effective | 9 | | date of Public Act 98-651). | 10 | | (18) Elect a Vice Chairman to preside over State Board | 11 | | meetings and otherwise act in place of the Chairman when the | 12 | | Chairman is unavailable. | 13 | | (Source: P.A. 99-78, eff. 7-20-15; 99-114, eff. 7-23-15; | 14 | | 99-180, eff. 7-29-15; 99-277, eff. 8-5-15; 99-527, eff. 1-1-17; | 15 | | 99-642, eff. 7-28-16; 100-518, eff. 6-1-18; 100-681, eff. | 16 | | 8-3-18 .)
| 17 | | (20 ILCS 3960/12.2)
| 18 | | (Section scheduled to be repealed on December 31, 2029)
| 19 | | Sec. 12.2. Powers of the State Board staff. For purposes of | 20 | | this Act,
the staff shall exercise the following powers and | 21 | | duties:
| 22 | | (1) Review applications for permits and exemptions in | 23 | | accordance with the
standards, criteria, and plans of need | 24 | | established by the State Board under
this Act and certify | 25 | | its finding to the State Board.
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| 1 | | (1.5) Post the following on the Board's web site: | 2 | | relevant (i)
rules,
(ii)
standards, (iii)
criteria, (iv) | 3 | | State norms, (v) references used by Board staff in making
| 4 | | determinations about whether application criteria are met, | 5 | | and (vi) notices of
project-related filings, including | 6 | | notice of public comments related to the
application.
| 7 | | (2) Charge and collect an amount determined by the | 8 | | State Board and the staff to be
reasonable fees for the | 9 | | processing of applications by the State Board.
The State | 10 | | Board shall set the amounts by rule. Application fees for | 11 | | continuing care retirement communities, and other health | 12 | | care models that include regulated and unregulated | 13 | | components, shall apply only to those components subject to | 14 | | regulation under this Act. All fees and fines
collected | 15 | | under the provisions of this Act shall be deposited
into | 16 | | the Illinois Health Facilities Planning Fund to be used for | 17 | | the
expenses of administering this Act.
| 18 | | (2.1) Publish the following reports on the State Board | 19 | | website: | 20 | | (A) An annual accounting, aggregated by category | 21 | | and with names of parties redacted, of fees, fines, and | 22 | | other revenue collected as well as expenses incurred, | 23 | | in the administration of this Act. | 24 | | (B) An annual report, with names of the parties | 25 | | redacted, that summarizes all settlement agreements | 26 | | entered into with the State Board that resolve an |
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| 1 | | alleged instance of noncompliance with State Board | 2 | | requirements under this Act. | 3 | | (C) (Blank). | 4 | | (D) Board reports showing the degree to which an | 5 | | application conforms to the review standards, a | 6 | | summation of relevant public testimony, and any | 7 | | additional information that staff wants to | 8 | | communicate. | 9 | | (3) Coordinate with other State agencies having | 10 | | responsibilities
affecting
health care facilities, | 11 | | including licensure and cost reporting agencies.
| 12 | | (4) Issue advisory opinions upon request. Staff | 13 | | advisory opinions do not constitute determinations by the | 14 | | State Board. Determinations by the State Board are made | 15 | | through the declaratory ruling process. | 16 | | (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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