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91_SB0807enr
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1 AN ACT in relation to health facilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Open Meetings Act is amended by changing
5 Section 1.02 as follows:
6 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
7 Sec. 1.02. For the purposes of this Act:
8 "Meeting" means any gathering of a majority of a quorum
9 of the members commissioners of a public body held for the
10 purpose of discussing public business.
11 "Public body" includes all legislative, executive,
12 administrative or advisory bodies of the State, counties,
13 townships, cities, villages, incorporated towns, school
14 districts and all other municipal corporations, boards,
15 bureaus, committees or commissions of this State, and any
16 subsidiary bodies of any of the foregoing including but not
17 limited to committees and subcommittees which are supported
18 in whole or in part by tax revenue, or which expend tax
19 revenue, except the General Assembly and committees or
20 commissions thereof. "Public body" includes tourism boards
21 and convention or civic center boards located in counties
22 that are contiguous to the Mississippi River with populations
23 of more than 250,000 but less than 300,000. "Public body"
24 includes the Health Facilities Planning Board. "Public body"
25 does not include a child death review team established under
26 the Child Death Review Team Act or an ethics commission,
27 ethics officer, or ultimate jurisdictional authority acting
28 under the State Gift Ban Act as provided by Section 80 of
29 that Act.
30 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99;
31 revised 11-8-99.)
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1 Section 10. The State Gift Ban Act is amended by
2 changing Section 5 as follows:
3 (5 ILCS 425/5)
4 Sec. 5. Definitions. As used in this Act:
5 "Commission" means an ethics commission created by this
6 Act.
7 "Employee" means all full-time, part-time, and
8 contractual employees, appointed and elected officials, and
9 directors of a governmental entity.
10 "Gift" means any gratuity, discount, entertainment,
11 hospitality, loan, forbearance, or other tangible or
12 intangible item having monetary value including, but not
13 limited to, cash, food and drink, and honoraria for speaking
14 engagements related to or attributable to government
15 employment or the official position of an employee, member,
16 officer, or judge.
17 "Governmental entity" means each office, board,
18 commission, agency, department, authority, institution,
19 university, body politic and corporate, administrative unit,
20 and corporate outgrowth of the executive, legislative, and
21 judicial branches of State government, whether created by the
22 Illinois Constitution, by or in accordance with statute, or
23 by executive order of the Governor. "Governmental entity"
24 includes the Health Facilities Planning Board.
25 "Judge" means judges and associate judges of the Supreme
26 Court, Appellate Courts, and Circuit Courts.
27 "Member" means a member of the General Assembly.
28 "Officer" means a State constitutional officer.
29 "Political organization" means a party, committee,
30 association, fund, or other organization (whether or not
31 incorporated) organized and operated primarily for the
32 purpose of directly or indirectly accepting contributions or
33 making expenditures, or both, for the function of influencing
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1 or attempting to influence the selection, nomination,
2 election, or appointment of any individual to any federal,
3 state, or local public office or office in a political
4 organization, or the election of Presidential or
5 Vice-Presidential electors, whether or not the individual or
6 electors are selected, nominated, elected, or appointed. The
7 term includes the making of expenditures relating to an
8 office described in the preceding sentence that, if incurred
9 by the individual, would be allowable as a federal income tax
10 deduction for trade or business expenses.
11 "Prohibited source" means any person or entity who:
12 (1) is seeking official action (i) by the member,
13 officer, or judge or (ii) in the case of an employee, by
14 the employee or by the member, officer, judge,
15 governmental entity, or other employee directing the
16 employee;
17 (2) does business or seeks to do business (i) with
18 the member, officer, or judge or (ii) in the case of an
19 employee, with the employee or with the member, officer,
20 judge, governmental entity, or other employee directing
21 the employee;
22 (3) conducts activities regulated (i) by the
23 member, officer, or judge or (ii) in the case of an
24 employee, by the employee or by the member, officer,
25 judge, governmental entity, or other employee directing
26 the employee;
27 (4) has interests that may be substantially
28 affected by the performance or non-performance of the
29 official duties of the member, officer, employee, or
30 judge; or
31 (5) is registered or required to be registered with
32 the Secretary of State under the Lobbyist Registration
33 Act.
34 "Ultimate jurisdictional authority" means the following:
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1 (1) For members, partisan staff, and their
2 secretaries, the appropriate legislative leader:
3 President of the Senate, Minority Leader of the Senate,
4 Speaker of the House of Representatives, or Minority
5 Leader of the House of Representatives.
6 (2) For State employees who are professional staff
7 or employees of the Senate and not covered under item
8 (1), the Senate Operations Commission.
9 (3) For State employees who are professional staff
10 or employees of the House of Representatives and not
11 covered under item (1), the Speaker of the House of
12 Representatives.
13 (4) For State employees who are employees of the
14 legislative support services agencies, the Joint
15 Committee on Legislative Support Services.
16 (5) For judges, the Chief Justice of the Supreme
17 Court.
18 (6) For State employees of the judicial branch, the
19 Administrative Office of the Illinois Courts.
20 (7) For State employees of an executive branch
21 constitutional officer, the appropriate executive branch
22 constitutional officer.
23 (8) For State employees not under the jurisdiction
24 of paragraph (1), (2), (3), (4), (5), (6), or (7), the
25 Governor.
26 (9) For officers, the General Assembly.
27 (Source: P.A. 90-737, eff. 1-1-99.)
28 Section 15. The Illinois Health Facilities Planning Act
29 is amended by changing Sections 3, 4, and 5 and by adding
30 Sections 4.1, 4.2, 5.2, 5.3, 19.5, and 19.6 as follows:
31 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
32 (Text of Section before amendment by P.A. 91-656)
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1 Sec. 3. As used in this Act:
2 "Health care facilities" means and includes the following
3 facilities and organizations:
4 1. An ambulatory surgical treatment center required
5 to be licensed pursuant to the Ambulatory Surgical
6 Treatment Center Act;
7 2. An institution, place, building, or agency
8 required to be licensed pursuant to the Hospital
9 Licensing Act;
10 3. Any institution required to be licensed pursuant
11 to the Nursing Home Care Act;
12 4. Hospitals, nursing homes, ambulatory surgical
13 treatment centers, or kidney disease treatment centers
14 maintained by the State or any department or agency
15 thereof; and
16 5. Kidney disease treatment centers, including a
17 free-standing hemodialysis unit; and.
18 6. An institution, place, building, or room used
19 for the performance of outpatient surgical procedures
20 that is leased, owned, or operated by or on behalf of an
21 out-of-state facility.
22 No federally owned facility shall be subject to the
23 provisions of this Act, nor facilities used solely for
24 healing by prayer or spiritual means.
25 No facility licensed under the Supportive Residences
26 Licensing Act shall be subject to the provisions of this Act.
27 A facility designated as a supportive living facility
28 that is in good standing with the demonstration project
29 established under Section 5-5.01a of the Illinois Public Aid
30 Code shall not be subject to the provisions of this Act.
31 This Act does not apply to facilities granted waivers
32 under Section 3-102.2 of the Nursing Home Care Act. However,
33 if a demonstration project under that Act applies for a
34 certificate of need to convert to a nursing facility, it
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1 shall meet the licensure and certificate of need requirements
2 in effect as of the date of application.
3 With the exception of those health care facilities
4 specifically included in this Section, nothing in this Act
5 shall be intended to include facilities operated as a part of
6 the practice of a physician or other licensed health care
7 professional, whether practicing in his individual capacity
8 or within the legal structure of any partnership, medical or
9 professional corporation, or unincorporated medical or
10 professional group. Further, this Act shall not apply to
11 physicians or other licensed health care professional's
12 practices where such practices are carried out in a portion
13 of a health care facility under contract with such health
14 care facility by a physician or by other licensed health care
15 professionals, whether practicing in his individual capacity
16 or within the legal structure of any partnership, medical or
17 professional corporation, or unincorporated medical or
18 professional groups. This Act shall apply to construction or
19 modification and to establishment by such health care
20 facility of such contracted portion which is subject to
21 facility licensing requirements, irrespective of the party
22 responsible for such action or attendant financial
23 obligation.
24 "Person" means any one or more natural persons, legal
25 entities, governmental bodies other than federal, or any
26 combination thereof.
27 "Consumer" means any person other than a person (a) whose
28 major occupation currently involves or whose official
29 capacity within the last 12 months has involved the
30 providing, administering or financing of any type of health
31 care facility, (b) who is engaged in health research or the
32 teaching of health, (c) who has a material financial interest
33 in any activity which involves the providing, administering
34 or financing of any type of health care facility, or (d) who
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1 is or ever has been a member of the immediate family of the
2 person defined by (a), (b), or (c).
3 "State Board" means the Health Facilities Planning Board.
4 "Construction or modification" means the establishment,
5 erection, building, alteration, reconstruction,
6 modernization, improvement, extension, discontinuation,
7 change of ownership, of or by a health care facility, or the
8 purchase or acquisition by or through a health care facility
9 of equipment or service for diagnostic or therapeutic
10 purposes or for facility administration or operation, or any
11 capital expenditure made by or on behalf of a health care
12 facility which exceeds the capital expenditure minimum;
13 however, any capital expenditure made by or on behalf of a
14 health care facility for the construction or modification of
15 a facility licensed under the Assisted Living and Shared
16 Housing Act shall be excluded from any obligations under this
17 Act.
18 "Establish" means the construction of a health care
19 facility or the replacement of an existing facility on
20 another site.
21 "Major medical equipment" means medical equipment which
22 is used for the provision of medical and other health
23 services and which costs in excess of the capital expenditure
24 minimum, except that such term does not include medical
25 equipment acquired by or on behalf of a clinical laboratory
26 to provide clinical laboratory services if the clinical
27 laboratory is independent of a physician's office and a
28 hospital and it has been determined under Title XVIII of the
29 Social Security Act to meet the requirements of paragraphs
30 (10) and (11) of Section 1861(s) of such Act. In determining
31 whether medical equipment has a value in excess of the
32 capital expenditure minimum, the value of studies, surveys,
33 designs, plans, working drawings, specifications, and other
34 activities essential to the acquisition of such equipment
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1 shall be included.
2 "Capital Expenditure" means an expenditure: (A) made by
3 or on behalf of a health care facility (as such a facility is
4 defined in this Act); and (B) which under generally accepted
5 accounting principles is not properly chargeable as an
6 expense of operation and maintenance, or is made to obtain by
7 lease or comparable arrangement any facility or part thereof
8 or any equipment for a facility or part; and which exceeds
9 the capital expenditure minimum.
10 For the purpose of this paragraph, the cost of any
11 studies, surveys, designs, plans, working drawings,
12 specifications, and other activities essential to the
13 acquisition, improvement, expansion, or replacement of any
14 plant or equipment with respect to which an expenditure is
15 made shall be included in determining if such expenditure
16 exceeds the capital expenditures minimum. Donations of
17 equipment or facilities to a health care facility which if
18 acquired directly by such facility would be subject to review
19 under this Act shall be considered capital expenditures, and
20 a transfer of equipment or facilities for less than fair
21 market value shall be considered a capital expenditure for
22 purposes of this Act if a transfer of the equipment or
23 facilities at fair market value would be subject to review.
24 "Capital expenditure minimum" means $6,000,000, which
25 shall be annually adjusted to reflect the increase in
26 construction costs due to inflation, $1,000,000 for major
27 medical equipment and $2,000,000 for all other capital
28 expenditures; provided, however, that when a capital
29 expenditure is for the construction or modification of a
30 health and fitness center, "capital expenditure minimum"
31 means the capital expenditure minimum for all other capital
32 expenditures in effect on March 1, 2000, which shall be
33 annually adjusted to reflect the increase in construction
34 costs due to inflation, both of which shall be annually
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1 adjusted to reflect the increase in construction costs due to
2 inflation.
3 "Non-clinical service area" means an area (i) for the
4 benefit of the patients, visitors, staff, or employees of a
5 health care facility and (ii) not directly related to the
6 diagnosis, treatment, or rehabilitation of persons receiving
7 services from the health care facility. "Non-clinical
8 service areas" include, but are not limited to, chapels; gift
9 shops; news stands; computer systems; tunnels, walkways, and
10 elevators; telephone systems; projects to comply with life
11 safety codes; educational facilities; student housing;
12 patient, employee, staff, and visitor dining areas;
13 administration and volunteer offices; modernization of
14 structural components (such as roof replacement and masonry
15 work); boiler repair or replacement; vehicle maintenance and
16 storage facilities; parking facilities; mechanical systems
17 for heating, ventilation, and air conditioning; loading
18 docks; and repair or replacement of carpeting, tile, wall
19 coverings, window coverings or treatments, or furniture.
20 Solely for the purpose of this definition, "non-clinical
21 service area" does not include health and fitness centers.
22 "Areawide" means a major area of the State delineated on
23 a geographic, demographic, and functional basis for health
24 planning and for health service and having within it one or
25 more local areas for health planning and health service. The
26 term "region", as contrasted with the term "subregion", and
27 the word "area" may be used synonymously with the term
28 "areawide".
29 "Local" means a subarea of a delineated major area that
30 on a geographic, demographic, and functional basis may be
31 considered to be part of such major area. The term
32 "subregion" may be used synonymously with the term "local".
33 "Areawide health planning organization" or "Comprehensive
34 health planning organization" means the health systems agency
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1 designated by the Secretary, Department of Health and Human
2 Services or any successor agency.
3 "Local health planning organization" means those local
4 health planning organizations that are designated as such by
5 the areawide health planning organization of the appropriate
6 area.
7 "Physician" means a person licensed to practice in
8 accordance with the Medical Practice Act of 1987, as amended.
9 "Licensed health care professional" means a person
10 licensed to practice a health profession under pertinent
11 licensing statutes of the State of Illinois.
12 "Director" means the Director of the Illinois Department
13 of Public Health.
14 "Agency" means the Illinois Department of Public Health.
15 "Comprehensive health planning" means health planning
16 concerned with the total population and all health and
17 associated problems that affect the well-being of people and
18 that encompasses health services, health manpower, and health
19 facilities; and the coordination among these and with those
20 social, economic, and environmental factors that affect
21 health.
22 "Alternative health care model" means a facility or
23 program authorized under the Alternative Health Care Delivery
24 Act.
25 "Out-of-state facility" means a person that is both (i)
26 licensed as a hospital or as an ambulatory surgery center
27 under the laws of another state or that qualifies as a
28 hospital or an ambulatory surgery center under regulations
29 adopted pursuant to the Social Security Act and (ii) not
30 licensed under the Ambulatory Surgical Treatment Center Act,
31 the Hospital Licensing Act, or the Nursing Home Care Act.
32 Affiliates of out-of-state facilities shall be considered
33 out-of-state facilities. Affiliates of Illinois licensed
34 health care facilities 100% owned by an Illinois licensed
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1 health care facility, its parent, or Illinois physicians
2 licensed to practice medicine in all its branches shall not
3 be considered out-of-state facilities. Nothing in this
4 definition shall be construed to include an office or any
5 part of an office of a physician licensed to practice
6 medicine in all its branches in Illinois that is not required
7 to be licensed under the Ambulatory Surgical Treatment Center
8 Act.
9 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
10 90-14, eff. 7-1-97.)
11 (Text of Section after amendment by P.A. 91-656)
12 Sec. 3. As used in this Act:
13 "Health care facilities" means and includes the following
14 facilities and organizations:
15 1. An ambulatory surgical treatment center required
16 to be licensed pursuant to the Ambulatory Surgical
17 Treatment Center Act;
18 2. An institution, place, building, or agency
19 required to be licensed pursuant to the Hospital
20 Licensing Act;
21 3. Skilled and intermediate long term care
22 facilities licensed under the Nursing Home Care Act;
23 3. Skilled and intermediate long term care
24 facilities licensed under the Nursing Home Care Act;
25 4. Hospitals, nursing homes, ambulatory surgical
26 treatment centers, or kidney disease treatment centers
27 maintained by the State or any department or agency
28 thereof; and
29 5. Kidney disease treatment centers, including a
30 free-standing hemodialysis unit; and.
31 6. An institution, place, building, or room used
32 for the performance of outpatient surgical procedures
33 that is leased, owned, or operated by or on behalf of an
34 out-of-state facility.
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1 No federally owned facility shall be subject to the
2 provisions of this Act, nor facilities used solely for
3 healing by prayer or spiritual means.
4 No facility licensed under the Supportive Residences
5 Licensing Act or the Assisted Living and Shared Housing Act
6 shall be subject to the provisions of this Act.
7 A facility designated as a supportive living facility
8 that is in good standing with the demonstration project
9 established under Section 5-5.01a of the Illinois Public Aid
10 Code shall not be subject to the provisions of this Act.
11 This Act does not apply to facilities granted waivers
12 under Section 3-102.2 of the Nursing Home Care Act. However,
13 if a demonstration project under that Act applies for a
14 certificate of need to convert to a nursing facility, it
15 shall meet the licensure and certificate of need requirements
16 in effect as of the date of application.
17 This Act shall not apply to the closure of an entity or a
18 portion of an entity licensed under the Nursing Home Care Act
19 that elects to convert, in whole or in part, to an assisted
20 living or shared housing establishment licensed under the
21 Assisted Living and Shared Housing Establishment Act.
22 With the exception of those health care facilities
23 specifically included in this Section, nothing in this Act
24 shall be intended to include facilities operated as a part of
25 the practice of a physician or other licensed health care
26 professional, whether practicing in his individual capacity
27 or within the legal structure of any partnership, medical or
28 professional corporation, or unincorporated medical or
29 professional group. Further, this Act shall not apply to
30 physicians or other licensed health care professional's
31 practices where such practices are carried out in a portion
32 of a health care facility under contract with such health
33 care facility by a physician or by other licensed health care
34 professionals, whether practicing in his individual capacity
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1 or within the legal structure of any partnership, medical or
2 professional corporation, or unincorporated medical or
3 professional groups. This Act shall apply to construction or
4 modification and to establishment by such health care
5 facility of such contracted portion which is subject to
6 facility licensing requirements, irrespective of the party
7 responsible for such action or attendant financial
8 obligation.
9 "Person" means any one or more natural persons, legal
10 entities, governmental bodies other than federal, or any
11 combination thereof.
12 "Consumer" means any person other than a person (a) whose
13 major occupation currently involves or whose official
14 capacity within the last 12 months has involved the
15 providing, administering or financing of any type of health
16 care facility, (b) who is engaged in health research or the
17 teaching of health, (c) who has a material financial interest
18 in any activity which involves the providing, administering
19 or financing of any type of health care facility, or (d) who
20 is or ever has been a member of the immediate family of the
21 person defined by (a), (b), or (c).
22 "State Board" means the Health Facilities Planning Board.
23 "Construction or modification" means the establishment,
24 erection, building, alteration, reconstruction,
25 modernization, improvement, extension, discontinuation,
26 change of ownership, of or by a health care facility, or the
27 purchase or acquisition by or through a health care facility
28 of equipment or service for diagnostic or therapeutic
29 purposes or for facility administration or operation, or any
30 capital expenditure made by or on behalf of a health care
31 facility which exceeds the capital expenditure minimum;
32 however, any capital expenditure made by or on behalf of a
33 health care facility for the construction or modification of
34 a facility licensed under the Assisted Living and Shared
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1 Housing Act shall be excluded from any obligations under this
2 Act.
3 "Establish" means the construction of a health care
4 facility or the replacement of an existing facility on
5 another site.
6 "Major medical equipment" means medical equipment which
7 is used for the provision of medical and other health
8 services and which costs in excess of the capital expenditure
9 minimum, except that such term does not include medical
10 equipment acquired by or on behalf of a clinical laboratory
11 to provide clinical laboratory services if the clinical
12 laboratory is independent of a physician's office and a
13 hospital and it has been determined under Title XVIII of the
14 Social Security Act to meet the requirements of paragraphs
15 (10) and (11) of Section 1861(s) of such Act. In determining
16 whether medical equipment has a value in excess of the
17 capital expenditure minimum, the value of studies, surveys,
18 designs, plans, working drawings, specifications, and other
19 activities essential to the acquisition of such equipment
20 shall be included.
21 "Capital Expenditure" means an expenditure: (A) made by
22 or on behalf of a health care facility (as such a facility is
23 defined in this Act); and (B) which under generally accepted
24 accounting principles is not properly chargeable as an
25 expense of operation and maintenance, or is made to obtain by
26 lease or comparable arrangement any facility or part thereof
27 or any equipment for a facility or part; and which exceeds
28 the capital expenditure minimum.
29 For the purpose of this paragraph, the cost of any
30 studies, surveys, designs, plans, working drawings,
31 specifications, and other activities essential to the
32 acquisition, improvement, expansion, or replacement of any
33 plant or equipment with respect to which an expenditure is
34 made shall be included in determining if such expenditure
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1 exceeds the capital expenditures minimum. Donations of
2 equipment or facilities to a health care facility which if
3 acquired directly by such facility would be subject to review
4 under this Act shall be considered capital expenditures, and
5 a transfer of equipment or facilities for less than fair
6 market value shall be considered a capital expenditure for
7 purposes of this Act if a transfer of the equipment or
8 facilities at fair market value would be subject to review.
9 "Capital expenditure minimum" means $6,000,000, which
10 shall be annually adjusted to reflect the increase in
11 construction costs due to inflation, $1,000,000 for major
12 medical equipment and $2,000,000 for all other capital
13 expenditures; provided, however, that when a capital
14 expenditure is for the construction or modification of a
15 health and fitness center, "capital expenditure minimum"
16 means the capital expenditure minimum for all other capital
17 expenditures in effect on March 1, 2000, which shall be
18 annually adjusted to reflect the increase in construction
19 costs due to inflation, both of which shall be annually
20 adjusted to reflect the increase in construction costs due to
21 inflation.
22 "Non-clinical service area" means an area (i) for the
23 benefit of the patients, visitors, staff, or employees of a
24 health care facility and (ii) not directly related to the
25 diagnosis, treatment, or rehabilitation of persons receiving
26 services from the health care facility. "Non-clinical service
27 areas" include, but are not limited to, chapels; gift shops;
28 news stands; computer systems; tunnels, walkways, and
29 elevators; telephone systems; projects to comply with life
30 safety codes; educational facilities; student housing;
31 patient, employee, staff, and visitor dining areas;
32 administration and volunteer offices; modernization of
33 structural components (such as roof replacement and masonry
34 work); boiler repair or replacement; vehicle maintenance and
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1 storage facilities; parking facilities; mechanical systems
2 for heating, ventilation, and air conditioning; loading
3 docks; and repair or replacement of carpeting, tile, wall
4 coverings, window coverings or treatments, or furniture.
5 Solely for the purpose of this definition, "non-clinical
6 service area" does not include health and fitness centers.
7 "Areawide" means a major area of the State delineated on
8 a geographic, demographic, and functional basis for health
9 planning and for health service and having within it one or
10 more local areas for health planning and health service. The
11 term "region", as contrasted with the term "subregion", and
12 the word "area" may be used synonymously with the term
13 "areawide".
14 "Local" means a subarea of a delineated major area that
15 on a geographic, demographic, and functional basis may be
16 considered to be part of such major area. The term
17 "subregion" may be used synonymously with the term "local".
18 "Areawide health planning organization" or "Comprehensive
19 health planning organization" means the health systems agency
20 designated by the Secretary, Department of Health and Human
21 Services or any successor agency.
22 "Local health planning organization" means those local
23 health planning organizations that are designated as such by
24 the areawide health planning organization of the appropriate
25 area.
26 "Physician" means a person licensed to practice in
27 accordance with the Medical Practice Act of 1987, as amended.
28 "Licensed health care professional" means a person
29 licensed to practice a health profession under pertinent
30 licensing statutes of the State of Illinois.
31 "Director" means the Director of the Illinois Department
32 of Public Health.
33 "Agency" means the Illinois Department of Public Health.
34 "Comprehensive health planning" means health planning
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1 concerned with the total population and all health and
2 associated problems that affect the well-being of people and
3 that encompasses health services, health manpower, and health
4 facilities; and the coordination among these and with those
5 social, economic, and environmental factors that affect
6 health.
7 "Alternative health care model" means a facility or
8 program authorized under the Alternative Health Care Delivery
9 Act.
10 "Out-of-state facility" means a person that is both (i)
11 licensed as a hospital or as an ambulatory surgery center
12 under the laws of another state or that qualifies as a
13 hospital or an ambulatory surgery center under regulations
14 adopted pursuant to the Social Security Act and (ii) not
15 licensed under the Ambulatory Surgical Treatment Center Act,
16 the Hospital Licensing Act, or the Nursing Home Care Act.
17 Affiliates of out-of-state facilities shall be considered
18 out-of-state facilities. Affiliates of Illinois licensed
19 health care facilities 100% owned by an Illinois licensed
20 health care facility, its parent, or Illinois physicians
21 licensed to practice medicine in all its branches shall not
22 be considered out-of-state facilities. Nothing in this
23 definition shall be construed to include an office or any
24 part of an office of a physician licensed to practice
25 medicine in all its branches in Illinois that is not required
26 to be licensed under the Ambulatory Surgical Treatment Center
27 Act.
28 (Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01.)
29 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
30 Sec. 4. There is created the Health Facilities Planning
31 Board, which shall perform such functions as hereinafter
32 described in this Act.
33 The State Board shall consist of 15 voting members,
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1 including: 8 consumer members; one member representing the
2 commercial health insurance industry in Illinois; one member
3 representing proprietary hospitals in Illinois; one member
4 who is actively engaged in the field of hospital management;
5 one member who is a professional nurse registered in
6 Illinois; one member who is a physician in active private
7 practice licensed in Illinois to practice medicine in all of
8 its branches; one member who is actively engaged in the field
9 of skilled nursing or intermediate care facility management;
10 and one member who is actively engaged in the administration
11 of an ambulatory surgical treatment center licensed under the
12 Ambulatory Surgical Treatment Center Act.
13 The State Board shall be appointed by the Governor, with
14 the advice and consent of the Senate. In making the
15 appointments, the Governor shall give consideration to
16 recommendations made by (1) the professional organizations
17 concerned with hospital management for the hospital
18 management appointment, (2) professional organizations
19 concerned with long term care facility management for the
20 long term care facility management appointment, (3)
21 professional medical organizations for the physician
22 appointment, (4) professional nursing organizations for the
23 nurse appointment, and (5) professional organizations
24 concerned with ambulatory surgical treatment centers for the
25 ambulatory surgical treatment center appointment, and shall
26 appoint as consumer members individuals familiar with
27 community health needs but whose interest in the operation,
28 construction or utilization of health care facilities are
29 derived from factors other than those related to his
30 profession, business, or economic gain, and who represent, so
31 far as possible, different geographic areas of the State. Not
32 more than 8 of the appointments shall be of the same
33 political party.
34 The Secretary of Human Services, the Director of Public
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1 Aid, and the Director of Public Health, or their designated
2 representatives, shall serve as ex-officio, non-voting
3 members of the State Board.
4 Of those appointed by the Governor as voting members,
5 each member shall hold office for a term of 3 years:
6 provided, that any member appointed to fill a vacancy
7 occurring prior to the expiration of the term for which his
8 predecessor was appointed shall be appointed for the
9 remainder of such term and the term of office of each
10 successor shall commence on July 1 of the year in which his
11 predecessor's term expires. In making original appointments
12 to the State Board, the Governor shall appoint 5 members for
13 a term of one year, 5 for a term of 2 years, and 3 for a term
14 of 3 years, and each of these terms of office shall commence
15 on July 1, 1974. The initial term of office for the members
16 appointed under this amendatory Act of 1996 shall begin on
17 July 1, 1996 and shall last for 2 years, and each subsequent
18 appointment shall be for a term of 3 years. Each member
19 shall hold office until his successor is appointed and
20 qualified.
21 State Board members, while serving on business of the
22 State Board, shall receive actual and necessary travel and
23 subsistence expenses while so serving away from their places
24 of residence. In addition, while serving on business of the
25 State Board, each member shall receive compensation of $150
26 per day, except that such compensation shall not exceed
27 $7,500 in any one year for any member.
28 The State Board shall provide for its own organization
29 and procedures, including the selection of a Chairman and
30 such other officers as deemed necessary. The Director, with
31 concurrence of the State Board, shall name as full-time
32 Executive Secretary of the State Board, a person qualified in
33 health care facility planning and in administration. The
34 Agency shall provide administrative and staff support for the
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1 State Board. The State Board shall advise the Director of
2 its budgetary and staff needs and consult with the Director
3 on annual budget preparation.
4 The State Board shall meet at least once each quarter, or
5 as often as the Chairman of the State Board deems necessary,
6 or upon the request of a majority of the members.
7 Eight members of the State Board shall constitute a
8 quorum. The affirmative vote of 8 of the members of the
9 State Board shall be necessary for any action requiring a
10 vote to be taken by the State Board. A vacancy in the
11 membership of the State Board shall not impair the right of a
12 quorum to exercise all the rights and perform all the duties
13 of the State Board as provided by this Act.
14 (Source: P.A. 89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)
15 (20 ILCS 3960/4.1 new)
16 Sec. 4.1. Ethics laws.
17 (a) All State Board meetings are subject to the Open
18 Meetings Act.
19 (b) The State Board is subject to the State Gift Ban Act.
20 (20 ILCS 3960/4.2 new)
21 Sec. 4.2. Ex parte communications.
22 (a) Except in the disposition of matters that agencies
23 are authorized by law to entertain or dispose of on an ex
24 parte basis including, but not limited to rule making, the
25 State Board, any State Board member, employee, or a hearing
26 officer shall not engage in ex parte communication, after an
27 application for a permit is received, in connection with the
28 substance of any application for a permit with any person or
29 party or the representative of any party.
30 (b) A State Board member or employee may communicate
31 with other members or employees and any State Board member or
32 hearing officer may have the aid and advice of one or more
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1 personal assistants.
2 (c) An ex parte communication received by the State
3 Board, any State Board member, employee, or a hearing officer
4 shall be made a part of the record of the pending matter,
5 including all written communications, all written responses
6 to the communications, and a memorandum stating the substance
7 of all oral communications and all responses made and the
8 identity of each person from whom the ex parte communication
9 was received.
10 (d) "Ex parte communication" means a communication
11 between a person who is not a State Board member or employee
12 and State Board member or employee that reflects on the
13 substance of a pending State Board proceeding and that takes
14 place outside the record of the proceeding. Communications
15 regarding matters of procedure and practice, such as the
16 format of pleading, number of copies required, manner of
17 service, and status of proceedings, are not considered ex
18 parte communications. Technical assistance with respect to
19 an application, not intended to influence any decision on the
20 application, may be provided by employees to the applicant.
21 Any assistance shall be documented in writing by the
22 applicant and employees within 10 business days after the
23 assistance is provided.
24 (e) For purposes of this Section, "employee" means a
25 person the State Board or the Agency employs on a full-time,
26 part-time, contract, or intern basis.
27 (f) The State Board, State Board member, or hearing
28 examiner presiding over the proceeding, in the event of a
29 violation of this Section, must take whatever action is
30 necessary to ensure that the violation does not prejudice any
31 party or adversely affect the fairness of the proceedings.
32 (g) Nothing in this Section shall be construed to
33 prevent the State Board or any member of the State Board from
34 consulting with the attorney for the State Board.
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1 (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
2 Sec. 5. After effective dates set by the State Board,
3 no person shall construct, modify or establish a health care
4 facility or acquire major medical equipment without first
5 obtaining a permit or exemption from the State Board. The
6 State Board shall not delegate to the Executive Secretary of
7 the State Board or any other person or entity the authority
8 to grant permits or exemptions whenever the Executive
9 Secretary or other person or entity would be required to
10 exercise any discretion affecting the decision to grant a
11 permit or exemption. The State Board shall set effective
12 dates applicable to all or to each classification or category
13 of health care facilities and applicable to all or each type
14 of transaction for which a permit is required. Varying
15 effective dates may be set, providing the date or dates so
16 set shall apply uniformly statewide.
17 Notwithstanding any effective dates established by this
18 Act or by the State Board, no person shall be required to
19 obtain a permit for any purpose under this Act until the
20 State health facilities plan referred to in paragraph (4) of
21 Section 12 of this Act has been approved and adopted by the
22 State Board subsequent to public hearings having been held
23 thereon.
24 A permit or exemption shall be obtained prior to the
25 acquisition of major medical equipment or to the construction
26 or modification of a health care facility which:
27 (a) requires a total capital expenditure in excess
28 of the capital expenditure minimum; or
29 (b) substantially changes the scope or changes the
30 functional operation of the facility; or
31 (c) changes the bed capacity of a health care
32 facility by increasing the total number of beds or by
33 distributing beds among various categories of service or
34 by relocating beds from one physical facility or site to
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1 another by more than 10 beds or more than 10% of total
2 bed capacity as defined by the State Board, whichever is
3 less, over a 2 year period.
4 A permit shall be valid only for the defined construction
5 or modifications, site, amount and person named in the
6 application for such permit and shall not be transferable or
7 assignable. A permit shall be valid until such time as the
8 project has been completed, provided that (a) obligation of
9 the project occurs within 12 months following issuance of the
10 permit except for major construction projects such obligation
11 must occur within 18 months following issuance of the permit;
12 and (b) the project commences and proceeds to completion with
13 due diligence. Major construction projects, for the purposes
14 of this Act, shall include but are not limited to: projects
15 for the construction of new buildings; additions to existing
16 facilities; modernization projects whose cost is in excess of
17 $1,000,000 or 10% of the facilities' operating revenue,
18 whichever is less; and such other projects as the State Board
19 shall define and prescribe pursuant to this Act. The State
20 Board may extend the obligation period upon a showing of good
21 cause by the permit holder. Permits for projects that have
22 not been obligated within the prescribed obligation period
23 shall expire on the last day of that period.
24 Persons who otherwise would be required to obtain a
25 permit shall be exempt from such requirement if the State
26 Board finds that with respect to establishing a new facility
27 or construction of new buildings or additions or
28 modifications to an existing facility, final plans and
29 specifications for such work have prior to October 1, 1974,
30 been submitted to and approved by the Department of Public
31 Health in accordance with the requirements of applicable
32 laws. Such exemptions shall be null and void after December
33 31, 1979 unless binding construction contracts were signed
34 prior to December 1, 1979 and unless construction has
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1 commenced prior to December 31, 1979. Such exemptions shall
2 be valid until such time as the project has been completed
3 provided that the project proceeds to completion with due
4 diligence.
5 The acquisition by any person of major medical equipment
6 that will not be owned by or located in a health care
7 facility and that will not be used to provide services to
8 inpatients of a health care facility shall be exempt from
9 review provided that a notice is filed in accordance with
10 exemption requirements.
11 Notwithstanding any other provision of this Act, no
12 permit or exemption is required for the construction or
13 modification of a non-clinical service area of a health care
14 facility.
15 (Source: P.A. 88-18.)
16 (20 ILCS 3960/5.2 new)
17 Sec. 5.2. After the effective date of this amendatory
18 Act of the 91st General Assembly, no person shall establish,
19 construct, or modify an institution, place, building, or room
20 used for the performance of outpatient surgical procedures
21 that is leased, owned, or operated by or on behalf of an
22 out-of-state facility without first obtaining a permit from
23 the State Board.
24 (20 ILCS 3960/5.3 new)
25 Sec. 5.3. In addition to the State Board's authority to
26 require reports, the State Board shall require each health
27 care facility to submit an annual report of all capital
28 expenditures in excess of $200,000 (which shall be annually
29 adjusted to reflect the increase in construction costs due to
30 inflation) made by the health care facility during the most
31 recent year. This annual report shall consist of a brief
32 description of the capital expenditure, the amount and method
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1 of financing the capital expenditure, the certificate of need
2 project number if the project was reviewed, and the total
3 amount of capital expenditures obligated for the year.
4 (20 ILCS 3960/19.5 new)
5 Sec. 19.5. Audit. Upon the effective date of this
6 amendatory Act of the 91st General Assembly, the Auditor
7 General must commence an audit of the State Board to
8 determine:
9 (1) whether the State Board can demonstrate that the
10 certificate of need process is successful in controlling
11 health care costs, allowing public access to necessary
12 health services, and guaranteeing the availability of
13 quality health care to the general public;
14 (2) whether the State Board is following its adopted
15 rules and procedures;
16 (3) whether the State Board is consistent in
17 awarding and denying certificates of need; and
18 (4) whether the State Board's annual reports reflect
19 a cost savings to the State.
20 The Auditor General must report on the results of the
21 audit to the General Assembly.
22 This Section is repealed when the Auditor General files
23 his or her report with the General Assembly.
24 (20 ILCS 3960/19.6 new)
25 Sec. 19.6. Repeal. This Act is repealed on July 1,
26 2003.
27 Section 20. The Illinois State Auditing Act is amended
28 by changing Section 3-1 as follows:
29 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
30 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
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1 General has jurisdiction over all State agencies to make post
2 audits and investigations authorized by or under this Act or
3 the Constitution.
4 The Auditor General has jurisdiction over local
5 government agencies and private agencies only:
6 (a) to make such post audits authorized by or under
7 this Act as are necessary and incidental to a post audit
8 of a State agency or of a program administered by a State
9 agency involving public funds of the State, but this
10 jurisdiction does not include any authority to review
11 local governmental agencies in the obligation, receipt,
12 expenditure or use of public funds of the State that are
13 granted without limitation or condition imposed by law,
14 other than the general limitation that such funds be used
15 for public purposes;
16 (b) to make investigations authorized by or under
17 this Act or the Constitution; and
18 (c) to make audits of the records of local
19 government agencies to verify actual costs of
20 state-mandated programs when directed to do so by the
21 Legislative Audit Commission at the request of the State
22 Board of Appeals under the State Mandates Act.
23 In addition to the foregoing, the Auditor General may
24 conduct an audit of the Metropolitan Pier and Exposition
25 Authority, the Regional Transportation Authority, the
26 Suburban Bus Division, the Commuter Rail Division and the
27 Chicago Transit Authority and any other subsidized carrier
28 when authorized by the Legislative Audit Commission. Such
29 audit may be a financial, management or program audit, or any
30 combination thereof.
31 The audit shall determine whether they are operating in
32 accordance with all applicable laws and regulations. Subject
33 to the limitations of this Act, the Legislative Audit
34 Commission may by resolution specify additional
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1 determinations to be included in the scope of the audit.
2 The Auditor General may also conduct an audit, when
3 authorized by the Legislative Audit Commission, of any
4 hospital which receives 10% or more of its gross revenues
5 from payments from the State of Illinois, Department of
6 Public Aid, Medical Assistance Program.
7 The Auditor General is authorized to conduct financial
8 and compliance audits of the Illinois Distance Learning
9 Foundation and the Illinois Conservation Foundation.
10 As soon as practical after the effective date of this
11 amendatory Act of 1995, the Auditor General shall conduct a
12 compliance and management audit of the City of Chicago and
13 any other entity with regard to the operation of Chicago
14 O'Hare International Airport, Chicago Midway Airport and
15 Merrill C. Meigs Field. The audit shall include, but not be
16 limited to, an examination of revenues, expenses, and
17 transfers of funds; purchasing and contracting policies and
18 practices; staffing levels; and hiring practices and
19 procedures. When completed, the audit required by this
20 paragraph shall be distributed in accordance with Section
21 3-14.
22 The Auditor General shall conduct a financial and
23 compliance and program audit of distributions from the
24 Municipal Economic Development Fund during the immediately
25 preceding calendar year pursuant to Section 8-403.1 of the
26 Public Utilities Act at no cost to the city, village, or
27 incorporated town that received the distributions.
28 The Auditor General must conduct an audit of the Health
29 Facilities Planning Board pursuant to Section 19.5 of the
30 Illinois Health Facilities Planning Act.
31 (Source: P.A. 89-386, eff. 8-18-95; 90-813, eff. 1-29-99.)
32 Section 95. No acceleration or delay. Where this Act
33 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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