Illinois General Assembly - Illinois Compiled Statutes

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210 ILCS 45/3-202.5

(210 ILCS 45/3-202.5)
(Text of Section before amendment by P.A. 103-714)

Sec. 3-202.5. Facility plan review; fees.

(a) Before commencing construction of a new facility or specified types of
alteration or additions to an existing long term care facility involving
major construction, as defined by rule by the Department, with an
estimated cost greater than $100,000, architectural
drawings and specifications for the facility shall be submitted to the
Department for review and approval.
A facility may submit architectural drawings and specifications for other
construction projects for Department review according to subsection (b) that
shall not be subject to fees under subsection (d).
Review of drawings and specifications shall be conducted by an employee of the
Department meeting the qualifications established by the Department of Central
Management Services class specifications for such an individual's position or
by a person contracting with the Department who meets those class
specifications.  Final approval of the drawings and specifications for
compliance with design and construction standards shall be obtained from the
Department before the alteration, addition, or new construction is begun.

(b) The Department shall inform an applicant in writing within 10 working
days after receiving drawings and specifications and the required fee, if any,
from the applicant whether the applicant's submission is complete or
incomplete.  Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed complete for purposes
of initiating the 60-day review period under this Section.  If the submission
is incomplete, the Department shall inform the applicant of the deficiencies
with the submission in writing.  If the submission is complete the required
fee, if any, has been paid,
the Department shall approve or disapprove drawings and specifications
submitted to the Department no later than 60 days following receipt by the
Department.  The drawings and specifications shall be of sufficient detail, as
provided by Department rule, to
enable the Department to
render a determination of compliance with design and construction standards
under this Act.
If the Department finds that the drawings are not of sufficient detail for it
to render a determination of compliance, the plans shall be determined to be
incomplete and shall not be considered for purposes of initiating the 60-day 
review period.
If a submission of drawings and specifications is incomplete, the applicant
may submit additional information.  The 60-day review period shall not commence
until the Department determines that a submission of drawings and
specifications is complete or the submission is deemed complete.
If the Department has not approved or disapproved the
drawings and specifications within 60 days, the construction, major alteration,
or addition shall be deemed approved.  If the drawings and specifications are
disapproved, the Department shall state in writing, with specificity, the
reasons for the disapproval.  The entity submitting the drawings and
specifications may submit additional information in response to the written
comments from the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made within 45 days of the
receipt of the additional information or reconsideration request.  If denied,
the Department shall state the specific reasons for the denial.

(c) The Department shall provide written approval for occupancy pursuant
to subsection (g) and shall not issue a violation to a facility as a result
of
a licensure or complaint survey based upon the facility's physical structure
if:

(1) the Department reviewed and approved or deemed

approved the drawings and specifications for compliance with design and construction standards;

(2) the construction, major alteration, or addition

was built as submitted;

(3) the law or rules have not been amended since the

original approval; and

(4) the conditions at the facility indicate that

there is a reasonable degree of safety provided for the residents.

(d) The Department shall charge the following fees in connection with its
reviews conducted before June 30, 2004 under this Section:

(1) (Blank).

(2) (Blank).

(3) If the estimated dollar value of the alteration,

addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.

(4) If the estimated dollar value of the alteration,

addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.

(5) If the estimated dollar value of the alteration,

addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.

(6) If the estimated dollar value of the alteration,

addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.

The fees provided in this subsection (d) shall not apply to major
construction projects involving facility changes that are required by
Department rule amendments.

The fees provided in this subsection (d) shall also not apply to major
construction projects if 51% or more of the estimated cost of the project is
attributed to capital equipment.  For major construction projects where 51% or
more of the estimated cost of the project is attributed to capital equipment,
the Department shall by rule establish a fee that is reasonably related to the
cost of reviewing the project.

The Department shall not commence the facility plan review process under this
Section until
the applicable fee has been paid.

(e) All fees received by the Department under this Section shall be
deposited into the Health Facility Plan Review Fund, a special fund created in
the State Treasury.
All fees paid by long-term care facilities under subsection (d) shall be used
only to cover the costs relating to the Department's review of long-term care
facility projects under this Section.
Moneys shall be appropriated from that Fund to the
Department only to pay the costs of conducting reviews under this Section or under Section 3-202.5 of the ID/DD Community Care Act or Section 3-202.5 of the MC/DD Act.
None of the moneys in the Health Facility Plan Review Fund shall be used to
reduce the amount of General Revenue Fund moneys appropriated to the Department
for facility plan reviews conducted pursuant to this Section.

(f)(1) The provisions of this amendatory Act of 1997 concerning drawings
and specifications shall apply only to drawings and specifications submitted to
the Department on or after October 1, 1997.

(2) On and after the effective date of this amendatory Act of 1997 and
before October 1, 1997, an applicant may submit or resubmit drawings and
specifications to the Department and pay the fees provided in subsection (d).
If an applicant pays the fees provided in subsection (d) under this paragraph
(2), the provisions of subsection (b) shall apply with regard to those drawings
and specifications.

(g) The Department shall conduct an on-site inspection of the completed
project no later than 30 days after notification from the applicant that the
project has been completed and all certifications required by the Department
have been received and accepted by the Department, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall conduct an on-site inspection of the completed project to the extent feasible.  The Department shall
provide written approval for occupancy to the applicant within 5 working days
of the Department's final inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is
prohibited until Department approval is received, unless the Department has
not acted within the time frames provided in this subsection (g), in which case
the construction shall be deemed approved.  Occupancy shall be authorized after any required health inspection by the Department has been
conducted.

(h) The Department shall establish, by rule, a procedure to conduct interim
on-site review of large or complex construction projects.

(i) The Department shall establish, by rule, an expedited process for
emergency repairs or replacement of like equipment.

(j) Nothing in this Section shall be construed to apply to maintenance,
upkeep, or renovation that does not affect the structural integrity of the
building, does not add beds or services over the number for which the
long-term care facility is licensed, and provides a reasonable degree of safety
for the residents.

(Source: P.A. 103-1, eff. 4-27-23.)

    (Text of Section after amendment by P.A. 103-714)
    Sec. 3-202.5. Facility plan review; fees.

(a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long term care facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun.

(b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60-day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60-day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60-day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial.

(c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if: