AUTHORITY: Implementing and authorized by the Community Health Center Construction Act [30 ILCS 766/10] and Section 50 of the Grant Accountability and Transparency Act [30 ILCS 708/50].

SOURCE: Adopted at 34 Ill. Reg. 11382, effective July 26, 2010; amended at 48 Ill. Reg. 3732, effective February 29, 2024.

SUBPART A: GENERAL PROVISIONS

 

Section 42.100  Definitions

 

"Act" means the Community Health Center Construction Act [30 ILCS 766/10].

 

"Acquire a new physical location" means the purchase of real property for the purpose of delivering primary health care services.  (Section 10-20(2) of the Act)

 

"Board" means the Capital Development Board.  (Section 10-5 of the Act)

 

"Community health center site" means a new or existing physical site where a community health center will provide primary health care services either to a medically underserved population or area or to the uninsured population of this State.  (Section 10-5 of the Act)

 

"Community provider" or "Community Health Center" means a Federally Qualified Health Center or FQHC Look-Alike (community health center or health center), designated as such by the Secretary of the United States Department of Health and Human Services, that operates at least one federally designated primary health care delivery site in the State of Illinois.  (Section 10-5 of the Act)

 

"Department" means the Illinois Department of Public Health.  (Section 10-5 of the Act)

 

"Equipment" means movable equipment, including all items of initial equipment, other than built-in equipment, that is necessary and appropriate for the functioning of a community health center site that is purchased, renovated, or constructed with grant funds, and that will be used solely or primarily in the rooms or areas covered in the subject project.  Further, equipment is defined as manufactured items that have significant useful lives of at least 12 years, are not affixed to a building and capable of being moved or relocated from room to room or building to building, are not consumed in use, and have an identity and function that will not be lost through incorporation into a more complex unit.  Equipment includes the following when meeting the above requirements:

 

Office/medical machinery or implements and furniture

 

Scientific and medical instruments and apparatus with the exception of those items that are subject to a short useful life, i.e., glassware, tubing, crockery, light bulbs, etc.

 

Transportation costs and installation costs incurred from an outside source will be considered as part of the equipment cost.

 

Computer hardware 

 

Equipment does not include:

 

Commodities;

 

Library books, maps, and paintings;

 

Rolling stock, including cars, trucks, boats, and related items; and

 

Spare and replacement parts.

 

"Federally Qualified Health Center" or "FQHC" means a health center funded under Section 330 of the federal Public Health Service Act (42 U.S.C. 254b).

 

"FQHC Look-Alike" means an organization that meets the requirements for receiving a grant under Section 330 of the federal Public Health Service Act, but does not receive federal grants under that authority.

 

"Grant" refers to funds awarded to a Community Health Center under the Act for the purpose of purchasing equipment; acquiring a new physical location for the purpose of delivering primary health care services; and/or constructing or renovating new or existing community health center sites. (Section 10-20 of the Act)

 

"Grantee" refers to a community health center that is the recipient of a capital grant under the Act.

 

"Medically underserved area" or "MUA" means an urban or rural area designated by the Secretary of the United States Department of Health and Human Services as an area with a shortage of personal health services.  (Section 10-5 of the Act)

 

"Medically underserved population" or "MUP" means the population of an urban or rural area designated by the Secretary of the United States Department of Health and Human Services as an area with a shortage of personal health services or a population group designated by the Secretary as having a shortage of those services.  (Section 10-5 of the Act)

 

"Notice of Funding Opportunity" means the Board's formally issued announcement of the availability of State funding for the Community Health Center Construction Grant program.

 

"Primary health care services" means the following:

 

Basic health services consisting of the following:

 

Health services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians and, if appropriate, physician assistants, nurse practitioners, and nurse midwives.

 

Diagnostic laboratory and radiologic services.

 

Preventive health services, including the following:

 

Prenatal and perinatal services.

 

Screenings for breast, ovarian, and cervical cancer.

 

Well-child services.

 

Immunizations against vaccine-preventable diseases.

 

Screenings for elevated blood lead levels, communicable diseases, and cholesterol.

 

Pediatric eye, ear, and dental screenings to determine the need for vision and hearing correction and dental care.

 

Voluntary family planning services. 

 

Preventive dental services.

 

Emergency medical services.

 

Pharmaceutical services as appropriate for particular health centers.

 

Referrals to providers of medical services and other health related services (including substance abuse and mental health services).

 

Patient case management services (including counseling, referral, and follow-up services) and other services designed to assist health center patients in establishing eligibility for and gaining access to federal, State, and local programs that provide or financially support the provision of medical, social, educational, or other related services.

 

Services that enable individuals to use the services of the health center (including outreach and transportation services and, if a substantial number of the individuals in the population are of limited English‑speaking ability, the services of appropriate personnel fluent in the language spoken by a predominant number of those individuals).

 

Education of patients and the general population served by the health center regarding the availability and proper use of health services.

 

Additional health services consisting of services that are appropriate to meet the health needs of the population served by the health center involved and that may include the following:

 

Environmental health services, including the following:

 

Detection and alleviation of unhealthful conditions associated with water supply.

 

Sewage treatment.

 

Solid waste disposal.

 

Detection and alleviation of rodent and parasite infestation.

 

Field sanitation.

 

Housing.

 

Other environmental factors related to health.

 

Special occupation-related health services for migratory and seasonal agricultural workers, including the following:

 

Screening for and control of infectious diseases, including parasitic diseases.

 

Injury prevention programs, which may include prevention of exposure to unsafe levels of agricultural chemicals, including pesticides.  (Section 10-5 of the Act)

 

"Project" means a capital plan to:

 

acquire a new physical location, which may include necessary construction, renovations and/or real property or equipment purchases, to establish a new community health center site to provide primary health care services to medically underserved populations or areas or to provide primary health care services to the uninsured population of Illinois; or

 

renovate existing community health center sites; purchase equipment to expand the services of an existing community health center site to provide primary health care services to medically underserved populations or areas or to provide primary health care services to the uninsured population of Illinois; or prevent or reverse the deterioration of existing health center structures or mechanical operations to prevent life, health or safety concerns for health center staff and patients.

 

"Rural" means any geographic area not located in a U.S. Bureau of the Census Metropolitan Statistical Area, a county located within a Metropolitan Statistical Area but having a population of 60,000 or less, or a community located within a Metropolitan Statistical Area but having a population of 2,500 or less.

 

"Service area" is the geographic area composed of the medically underserved area or medically underserved population.

 

"Uninsured population" means persons who do not own private health care insurance, are not part of a group insurance plan, and are not eligible for any State or federal government-sponsored health care program.  (Section 10-5 of the Act)

 

"Urban" means any geographic area not designated as a rural area.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

 

Section 42.110  Incorporated and Referenced Materials

 

a)         The following Illinois statutes and administrative rules are referenced in this Part: 

 

1)         Community Health Center Construction Act [30 ILCS 766/10-1]

 

2)         Grant Accountability and Transparency Act (GATA) [30 ILCS 708]

 

3)         Grant Accountability and Transparency Act Administrative Rules (GATA Rules) (44 Ill. Adm. Code 7000)

 

4)         Illinois Grant Funds Recovery Act [30 ILCS 705]

 

b)         The following federal statute and rule are referenced in this Part:

 

1)         Public Health Service Act (42 U.S.C. 254b)

 

2)         Grants for Community Health Services (42 CFR 51c)

 

c)         The following federal regulation is incorporated in this Part:

 

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 (November 12, 2020)), except as otherwise provided in 44 Ill. Adm. Code 7000.40(c)(1)(A) and unless an exception has been granted and documented in the Governor's Office or Management and Budget Catalog of State Financial Assistance.  The terminology equivalencies listed at 44 Ill. Adm. Code 7000.200(b)(1) shall be used for grants under this Part.

 

d)         All incorporations by reference of federal regulations refer to materials on the date specified and do not include any subsequent amendments or editions.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

SUBPART B: GRANTS TO FUND COMMUNITY HEALTH CENTER CAPITAL PROJECTS

 

Section 42.200  Grants

 

a)         The Board shall establish a Community Health Center Construction Grant Program and may make grants to eligible community providers subject to appropriations for that purpose. The grants shall be for the purpose of:

 

1)         Purchasing equipment; 

 

2)         Acquiring a new physical location for the purpose of delivering health care services; or

 

3)         Constructing or renovating new or existing community health center sites.  

 

b)         A recipient of a grant to establish a new community health center site must add each such site to the recipient's established service area for the purpose of extending federal FQHC or FQHC Look-Alike status to the new site in accordance with federal regulations (see 42 CFR 51c). (Section 10-10 of the Act) Failure to comply with this Part or any other State law or regulation may result in the recovery of grant funds as described in the Illinois Grant Funds Recovery Act.

 

c)         The Board will provide the Notice of Funding Opportunity in the Catalog of State Financial Assistance for the State of Illinois.  The notice shall include a deadline for receiving applications and details of the application process.  The Board will accept applications for a minimum of 60 calendar days, although a longer period may be specified in the Notice of Funding Opportunity.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

 

Section 42.210  Eligibility for Grant

 

a)         Applicants shall meet the following requirements:

 

1)         Be a community provider as defined in Section 10-5 of the Act (Section 10-15 of the Act);

 

2)         Serve, in whole or in part, a designated MUA or MUP;

 

3)         Provide primary health care services, and

 

4)         Be "qualified" in accordance with GATA and the GATA Rules, 44 Ill. Adm. Code 7000.70.

 

b)         Applicants may apply for up to $3,000,000 in grant funding per application.

 

c)         Applicants may only submit one application for funding per funding opportunity.

 

d)         Letter of Intent

At least 30 calendar days prior to the application submission deadline, the applicant shall send a letter of intent to apply for grant funds to the Department and the Board by email as outlined in the Notice of Funding Opportunity that includes the following:

 

1)         The proposed grant project description, location and applicant.

 

2)         The proposed users of the primary health care services and service area, including identification of any MUA or MUP designations.

 

3)         The issues that create a high need for primary health care services, including any significant or unique barriers to care.

 

4)         Other providers of care in the service area, including any other FQHCs that receive funding under Section 330 of the federal Public Health Service Act or FQHC Look-Alikes.

 

5)         All primary health care services that will be provided, including mental health, substance abuse and oral health care services, as well as the mechanism for providing each service (e.g., direct service, referral).

 

6)         Project stage of development and the ability of the applicant to meet the requirements of this Part for program compliance.

 

7)         Readiness to receive funding, including the ability of the facility and providers at the new access point or expanded facility to be operational upon completion of the capital portion of the project.

 

e)         Notification Process

Upon sending the Letter of Intent, the prospective applicant shall send a copy of the "Notification of Application for State Funding of Community Health Center Construction" to other FQHCs and FQHC Look-Alikes in the service area. The application packet submitted to the Board shall include a copy of the completed notification form, as well as the names and addresses of individuals to whom the forms were sent, the organizations that the individuals represent, and the date of the notification. 

 

f)         Application

The application shall include, but not be limited to:

 

1)         A summary of the applicant's plan of action to address the goals of either:

 

A)        Establishing a new community health center site to provide primary health care services to MUP or MUA or to provide primary health care services to the uninsured population of Illinois; or

 

B)        Expanding the services of an existing community health center site to provide primary health care services to MUP or MUA or primary health care services to the uninsured population of Illinois; or

 

C)        Preventing or reversing the deterioration of an existing health center structure or its mechanical operations to prevent life, health or safety concerns for health center staff and patients.

 

2)         A project description that shall include the following information:

 

A)        Proposed service area and applicant description;

 

B)        Statement of need for the project;

 

C)        Project objectives;

 

D)        Plan of operation;

 

E)        Project timeline; and

 

F)         Detailed line-item budget.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

 

Section 42.220  Program Requirements

 

Projects shall be for the purpose of:

 

a)         Acquiring a new physical location, which may include necessary construction, renovation and/or real property or equipment purchases, to establish a new community health center site to provide primary health care services to medically underserved populations or areas or to provide primary health care services to the uninsured population of Illinois; or

 

b)         Renovating existing sites or purchasing equipment to expand the services of an existing community health center site to provide primary health care services to medically underserved populations or areas or to provide primary health care services to the uninsured population of Illinois, or to prevent or reverse the deterioration of existing community health center site structures or mechanical operations to address life, health or safety concerns for health center staff and patients.  (Section 10-10 of the Act)

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

 

Section 42.230  Use of Grant Funds

 

a)         A recipient of a grant under the Act and this Part may use the grant moneys to do any one or more of the following:  

 

1)         Purchase equipment.

 

2)         Acquire a new physical location for the purpose of delivering primary health care services.

 

3)         Construct or renovate new or existing community health center sites.  (Section 10-20 of the Act)

 

b)         Grant funds shall not be used for the following:

 

1)         To offset existing debt;

 

2)         To supplant existing funds that support a service, program or activity for which grant support is requested;

 

3)         To fund expenses associated with the operations of the community health center; or

 

4)         To make leasehold improvements, unless the property owner and Grantee commit to continued use by Grantee of any space improved with Grant Funds for no less than 12 years from the date of project completion.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

 

Section 42.240  Application Evaluation Process

 

Applications will be reviewed to ensure that the applicants meet all eligibility requirements of Section 42.210.  Those applications that are determined to be ineligible will be returned to the applicant and will not be reviewed further.  Applications meeting all eligibility requirements of Section 42.210 will be forwarded to a review committee for scoring.

 

a)         The review committee will consist of individuals who have worked with uninsured populations or MUA or MUP and, when possible, have prior grant review experience and who represent different geographic areas in the State.

 

b)         The review committee will review the grant applications based upon the following:

 

1)         Documented need for the project.

 

2)         Demonstration that the project will result in increased access to primary healthcare services for the new and existing service area residents.

 

3)         Ability to successfully complete project objectives described in the grant application.

 

4)         Ability to implement and sustain the community health center's new operations upon completion of the capital project. 

 

c)         In scoring applications, preference will be given to applicants who:

 

1)         Demonstrate the project will result in increased access to health care for new service area residents.

 

2)         Have never received grant funds under this program.

 

d)         Upon completion of scoring by the review committee, applications will be reviewed by the Board for scoring of the project based on:

 

1)         the appropriateness of budget;

 

2)         the applicant's ability to obtain any necessary balance of funds for projects totaling more than the allowable grant amount, if applicable; and

 

3)         the timeline for the completion of the project, including the readiness of the project to begin once the funds are awarded.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

 

Section 42.250  Grant Award Process

 

a)         Grants will be awarded by the Board based on the combined scores of the review committee and the Board.

 

b)         Grants will be awarded based on the availability of funding within a given application period.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

 

Section 42.260  Reporting

 

a)         Within 60 days after the first year of a grant under this Act, the grant recipient must submit a progress report to the Department and the Board. The Department may assist each grant recipient in meeting the goals and objectives stated in the original grant proposal submitted by the recipient and may assist the grant recipient in ensuring that grant moneys are being used for appropriate purposes, and that residents of the community are being served by the new community health center sites established with grant moneys.  (Section 10-25 of the Act)

 

b)         The grant recipient must submit performance and financial progress reports to the Board as outlined in the grant agreement.  Deadlines may be extended at the discretion of the Board only in extraordinary circumstances outside the control of the grant recipient.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)

 

Section 42.270  Payment Schedules

 

Grant funds will be disbursed at the completion of construction milestones as outlined in the grant agreement.

 

(Source:  Amended at 48 Ill. Reg. 3732, effective February 29, 2024)