Section 1130.230 Fees

a) HFSRB staff shall charge and collect an amount determined by the State Board and its staff. The State Board shall set amounts by rule . Application fees for continuing care retirement communities and other health care models that include regulated and unregulated components, shall apply only to those components subject to regulation under this Act. All fees and fines collected under the Act shall be deposited into the Illinois Health Facilities Planning Fund to be used for the expenses of administering the Act. (Section 12.2(2) of the Act)

b) A fee shall be assessed on all matters requiring an application fee (as detailed in other Sections of this Part), except for the following:

1) projects classified as emergency; or

2) projects that are not subject to a fee in accordance with the provisions of Subpart E.

c) Fee payment shall be by check or money order made payable to the Illinois Department of Public Health.

d) Any matter requiring an application fee shall be declared null and void if payment of the total fee has not been received by HFSRB staff within 30 days after notice of the amount due has been received by an applicant or person requesting action from HFSRB.

e) No action shall be taken by HFSRB on any matter requiring an application fee for which the total required fee has not been received.

f) Fee payments are not refundable and may be recovered in full or in part only by petitioning the Illinois Court of Claims for recovery. (See 705 ILCS 505.)

g) Appeal of any required fee amount is to be made to HFSRB, pursuant to Section 1130.810.

h) Types of Fees

1) Exemption Application Fee

A) Exemptions, other than an exemption for a change of ownership, shall be assessed an application fee of $5,000.

B) An exemption application for a change of ownership of a health care facility between related persons (as defined in Section 1130.140) shall be assessed an application fee of $5,000.

C) All other exemption applications for a change of ownership of a health care facility shall be assessed an application fee of the greater of $5,000 or .22% of the fair market value of the transaction.

D) For projects referenced in subsection (h)(1)(C), the application fee shall not exceed $150,000.

2) CON Permit Application Fee

A) All applicants, except those with projects that are not subject to a fee, are required to submit an application fee. An initial fee of $5,000 shall accompany each application for permit submitted to HFSRB. When an application is deemed complete, the full amount of the fee shall be determined.

B) Following the determination of estimated total project costs, the application fees are calculated as follows. For each project having a total estimated project cost of:

i) less than $2,250,000, the application fee shall be $5,000;

ii) at or above $2,250,000, the application fee shall be 0.22% of the project costs.

C) The application fee shall not exceed $150,000.

D) Any modification to an application, extension of financial commitment, permit alteration, permit renewal, and permit relinquishment, as referenced in subsections 3-6 of this Section, shall be assessed an additional fee notwithstanding the application fee referenced in Section 1130.230(h)(2)(C).

E) Once an application is deemed complete, notice for any additional fee balance due will be sent to the applicant. Notice can be sent via electronic means at dph.hfsrb@illinois.gov. An applicant will have 30 days (from the date of the notification) to pay the fee. An application may be declared null and void if the total application fee has not been paid within 30 days after receipt of notice.

3) Modification of an Application for Permit

A) If a modification of an application for permit results in an increase in the total estimated project cost, the application fee shall be recalculated based on the revised estimated project cost. If the recalculation results in an additional fee, the applicant will be notified. Notification can be sent via electronic means at dph.hfsrb@illinois.gov. The applicant will have 30 days (from the date of the notification) to pay the additional fee. If the additional fee is not received within this 30-day timeframe, the application may be deemed null and void.

B) If a modification results in the need for an additional notification of opportunity for public hearing, an additional fee of $4,000 will be assessed.

4) Extension of Financial Commitment

A) An extension request shall be submitted to the Administrator at least 45 days prior to the financial commitment date and shall be assessed a $1,000 fee.

B) An extension request that is submitted to the Administrator less than 45 days prior to the financial commitment date shall be assessed an additional $500 late fee.

5) Permit Renewal

A) A permit renewal request shall be submitted to the Administrator at least 45 days prior to the project completion date and shall be assessed a $1,000 fee.

B) A permit renewal request that is submitted to the Administrator less than 45 days prior to the project completion date shall be assessed an additional $500 late fee.

6) Permit Alterations

A) An alteration request shall be submitted to the Administrator at least 45 days prior to the project completion date and assessed a fee. For an alteration request that does not increase the total project cost, the fee shall be $1,000. For an alteration request that increases the total project cost, the fee shall be the greater of $1,000 or .22% of the increase in the total project cost. In no event shall the fee exceed $50,000.

B) If HFSRB does not receive the alteration request at least 45 days prior to the project completion date, the application will be assessed an additional $500 late fee.

7) Relinquishment of a Permit or Exemption

A) Any relinquishment undertaken without prior HFSRB approval shall be considered a violation of the Act and shall be subject to the sanctions and penalties in Section 14.1 of the Act and in Section 1130.790.

B) A request for relinquishment shall be assessed an fee of $1,000.

(Source: Amended at 49 Ill. Reg. 8366, effective July 1, 2025)