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91_SB0807eng
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1 AN ACT concerning health facility planning.
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, 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.
18 No federally owned facility shall be subject to the
19 provisions of this Act, nor facilities used solely for
20 healing by prayer or spiritual means.
21 No facility licensed under the Supportive Residences
22 Licensing Act shall be subject to the provisions of this Act.
23 A facility designated as a supportive living facility
24 that is in good standing with the demonstration project
25 established under Section 5-5.01a of the Illinois Public Aid
26 Code shall not be subject to the provisions of this Act.
27 This Act does not apply to facilities granted waivers
28 under Section 3-102.2 of the Nursing Home Care Act. However,
29 if a demonstration project under that Act applies for a
30 certificate of need to convert to a nursing facility, it
31 shall meet the licensure and certificate of need requirements
32 in effect as of the date of application.
33 With the exception of those health care facilities
34 specifically included in this Section, nothing in this Act
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1 shall be intended to include facilities operated as a part of
2 the practice of a physician or other licensed health care
3 professional, whether practicing in his individual capacity
4 or within the legal structure of any partnership, medical or
5 professional corporation, or unincorporated medical or
6 professional group. Further, this Act shall not apply to
7 physicians or other licensed health care professional's
8 practices where such practices are carried out in a portion
9 of a health care facility under contract with such health
10 care facility by a physician or by other licensed health care
11 professionals, whether practicing in his individual capacity
12 or within the legal structure of any partnership, medical or
13 professional corporation, or unincorporated medical or
14 professional groups. This Act shall apply to construction or
15 modification and to establishment by such health care
16 facility of such contracted portion which is subject to
17 facility licensing requirements, irrespective of the party
18 responsible for such action or attendant financial
19 obligation.
20 "Person" means any one or more natural persons, legal
21 entities, governmental bodies other than federal, or any
22 combination thereof.
23 "Consumer" means any person other than a person (a) whose
24 major occupation currently involves or whose official
25 capacity within the last 12 months has involved the
26 providing, administering or financing of any type of health
27 care facility, (b) who is engaged in health research or the
28 teaching of health, (c) who has a material financial interest
29 in any activity which involves the providing, administering
30 or financing of any type of health care facility, or (d) who
31 is or ever has been a member of the immediate family of the
32 person defined by (a), (b), or (c).
33 "State Board" means the Health Facilities Planning Board.
34 "Construction or modification" means the establishment,
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1 erection, building, alteration, reconstruction,
2 modernization, improvement, extension, discontinuation,
3 change of ownership, of or by a health care facility, or the
4 purchase or acquisition by or through a health care facility
5 of equipment or service for diagnostic or therapeutic
6 purposes or for facility administration or operation, or any
7 capital expenditure made by or on behalf of a health care
8 facility which exceeds the capital expenditure minimum.
9 "Establish" means the construction of a health care
10 facility or the replacement of an existing facility on
11 another site.
12 "Major medical equipment" means medical equipment which
13 is used for the provision of medical and other health
14 services and which costs in excess of the capital expenditure
15 minimum, except that such term does not include medical
16 equipment acquired by or on behalf of a clinical laboratory
17 to provide clinical laboratory services if the clinical
18 laboratory is independent of a physician's office and a
19 hospital and it has been determined under Title XVIII of the
20 Social Security Act to meet the requirements of paragraphs
21 (10) and (11) of Section 1861(s) of such Act. In determining
22 whether medical equipment has a value in excess of the
23 capital expenditure minimum, the value of studies, surveys,
24 designs, plans, working drawings, specifications, and other
25 activities essential to the acquisition of such equipment
26 shall be included.
27 "Capital Expenditure" means an expenditure: (A) made by
28 or on behalf of a health care facility (as such a facility is
29 defined in this Act); and (B) which under generally accepted
30 accounting principles is not properly chargeable as an
31 expense of operation and maintenance, or is made to obtain by
32 lease or comparable arrangement any facility or part thereof
33 or any equipment for a facility or part; and which exceeds
34 the capital expenditure minimum.
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1 For the purpose of this paragraph, the cost of any
2 studies, surveys, designs, plans, working drawings,
3 specifications, and other activities essential to the
4 acquisition, improvement, expansion, or replacement of any
5 plant or equipment with respect to which an expenditure is
6 made shall be included in determining if such expenditure
7 exceeds the capital expenditures minimum. Donations of
8 equipment or facilities to a health care facility which if
9 acquired directly by such facility would be subject to review
10 under this Act shall be considered capital expenditures, and
11 a transfer of equipment or facilities for less than fair
12 market value shall be considered a capital expenditure for
13 purposes of this Act if a transfer of the equipment or
14 facilities at fair market value would be subject to review.
15 "Capital expenditure minimum" means $7,000,000 $1,000,000
16 for major medical equipment and $2,000,000 for all clinical
17 other capital expenditures, both of which shall be annually
18 adjusted to reflect the increase in construction costs due to
19 inflation.
20 "Non-clinical service area" means an area for the benefit
21 of patients, visitors, staff, or employees of the health care
22 facility that is not directly related to the diagnosis,
23 treatment, or rehabilitation of persons receiving services
24 from the health care facility. "Non-clinical service areas"
25 include, but are not limited to, chapels; gift shops; news
26 stands; tunnels, walkways, and elevators; computer systems;
27 telephone systems; projects to comply with life safety codes;
28 educational facilities; student housing; patient, employee,
29 staff, and visitor dining areas; administration and volunteer
30 offices; modernization of structural components (such as roof
31 replacement and masonry work); boiler repair or replacement;
32 vehicle maintenance and storage facilities; parking
33 facilities; mechanical systems for heating, ventilation, and
34 air conditioning; loading docks; and repair or replacement of
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1 carpeting, tile, wall coverings, window coverings or
2 treatments, or furniture.
3 "Areawide" means a major area of the State delineated on
4 a geographic, demographic, and functional basis for health
5 planning and for health service and having within it one or
6 more local areas for health planning and health service. The
7 term "region", as contrasted with the term "subregion", and
8 the word "area" may be used synonymously with the term
9 "areawide".
10 "Local" means a subarea of a delineated major area that
11 on a geographic, demographic, and functional basis may be
12 considered to be part of such major area. The term
13 "subregion" may be used synonymously with the term "local".
14 "Areawide health planning organization" or "Comprehensive
15 health planning organization" means the health systems agency
16 designated by the Secretary, Department of Health and Human
17 Services or any successor agency.
18 "Local health planning organization" means those local
19 health planning organizations that are designated as such by
20 the areawide health planning organization of the appropriate
21 area.
22 "Physician" means a person licensed to practice in
23 accordance with the Medical Practice Act of 1987, as amended.
24 "Licensed health care professional" means a person
25 licensed to practice a health profession under pertinent
26 licensing statutes of the State of Illinois.
27 "Director" means the Director of the Illinois Department
28 of Public Health.
29 "Agency" means the Illinois Department of Public Health.
30 "Comprehensive health planning" means health planning
31 concerned with the total population and all health and
32 associated problems that affect the well-being of people and
33 that encompasses health services, health manpower, and health
34 facilities; and the coordination among these and with those
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1 social, economic, and environmental factors that affect
2 health.
3 "Alternative health care model" means a facility or
4 program authorized under the Alternative Health Care Delivery
5 Act.
6 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
7 90-14, eff. 7-1-97.)
8 (Text of Section after amendment by P.A. 91-656)
9 Sec. 3. As used in this Act:
10 "Health care facilities" means and includes the following
11 facilities and organizations:
12 1. An ambulatory surgical treatment center required
13 to be licensed pursuant to the Ambulatory Surgical
14 Treatment Center Act;
15 2. An institution, place, building, or agency
16 required to be licensed pursuant to the Hospital
17 Licensing Act;
18 3. Skilled and intermediate long term care
19 facilities licensed under the Nursing Home Care Act;
20 4. Hospitals, nursing homes, ambulatory surgical
21 treatment centers, or kidney disease treatment centers
22 maintained by the State or any department or agency
23 thereof; and
24 5. Kidney disease treatment centers, including a
25 free-standing hemodialysis unit.
26 No federally owned facility shall be subject to the
27 provisions of this Act, nor facilities used solely for
28 healing by prayer or spiritual means.
29 No facility licensed under the Supportive Residences
30 Licensing Act or the Assisted Living and Shared Housing Act
31 shall be subject to the provisions of this Act.
32 A facility designated as a supportive living facility
33 that is in good standing with the demonstration project
34 established under Section 5-5.01a of the Illinois Public Aid
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1 Code shall not be subject to the provisions of this Act.
2 This Act does not apply to facilities granted waivers
3 under Section 3-102.2 of the Nursing Home Care Act. However,
4 if a demonstration project under that Act applies for a
5 certificate of need to convert to a nursing facility, it
6 shall meet the licensure and certificate of need requirements
7 in effect as of the date of application.
8 This Act shall not apply to the closure of an entity or a
9 portion of an entity licensed under the Nursing Home Care Act
10 that elects to convert, in whole or in part, to an assisted
11 living or shared housing establishment licensed under the
12 Assisted Living and Shared Housing Establishment Act.
13 With the exception of those health care facilities
14 specifically included in this Section, nothing in this Act
15 shall be intended to include facilities operated as a part of
16 the practice of a physician or other licensed health care
17 professional, whether practicing in his individual capacity
18 or within the legal structure of any partnership, medical or
19 professional corporation, or unincorporated medical or
20 professional group. Further, this Act shall not apply to
21 physicians or other licensed health care professional's
22 practices where such practices are carried out in a portion
23 of a health care facility under contract with such health
24 care facility by a physician or by other licensed health care
25 professionals, whether practicing in his individual capacity
26 or within the legal structure of any partnership, medical or
27 professional corporation, or unincorporated medical or
28 professional groups. This Act shall apply to construction or
29 modification and to establishment by such health care
30 facility of such contracted portion which is subject to
31 facility licensing requirements, irrespective of the party
32 responsible for such action or attendant financial
33 obligation.
34 "Person" means any one or more natural persons, legal
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1 entities, governmental bodies other than federal, or any
2 combination thereof.
3 "Consumer" means any person other than a person (a) whose
4 major occupation currently involves or whose official
5 capacity within the last 12 months has involved the
6 providing, administering or financing of any type of health
7 care facility, (b) who is engaged in health research or the
8 teaching of health, (c) who has a material financial interest
9 in any activity which involves the providing, administering
10 or financing of any type of health care facility, or (d) who
11 is or ever has been a member of the immediate family of the
12 person defined by (a), (b), or (c).
13 "State Board" means the Health Facilities Planning Board.
14 "Construction or modification" means the establishment,
15 erection, building, alteration, reconstruction,
16 modernization, improvement, extension, discontinuation,
17 change of ownership, of or by a health care facility, or the
18 purchase or acquisition by or through a health care facility
19 of equipment or service for diagnostic or therapeutic
20 purposes or for facility administration or operation, or any
21 capital expenditure made by or on behalf of a health care
22 facility which exceeds the capital expenditure minimum.
23 "Establish" means the construction of a health care
24 facility or the replacement of an existing facility on
25 another site.
26 "Major medical equipment" means medical equipment which
27 is used for the provision of medical and other health
28 services and which costs in excess of the capital expenditure
29 minimum, except that such term does not include medical
30 equipment acquired by or on behalf of a clinical laboratory
31 to provide clinical laboratory services if the clinical
32 laboratory is independent of a physician's office and a
33 hospital and it has been determined under Title XVIII of the
34 Social Security Act to meet the requirements of paragraphs
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1 (10) and (11) of Section 1861(s) of such Act. In determining
2 whether medical equipment has a value in excess of the
3 capital expenditure minimum, the value of studies, surveys,
4 designs, plans, working drawings, specifications, and other
5 activities essential to the acquisition of such equipment
6 shall be included.
7 "Capital Expenditure" means an expenditure: (A) made by
8 or on behalf of a health care facility (as such a facility is
9 defined in this Act); and (B) which under generally accepted
10 accounting principles is not properly chargeable as an
11 expense of operation and maintenance, or is made to obtain by
12 lease or comparable arrangement any facility or part thereof
13 or any equipment for a facility or part; and which exceeds
14 the capital expenditure minimum.
15 For the purpose of this paragraph, the cost of any
16 studies, surveys, designs, plans, working drawings,
17 specifications, and other activities essential to the
18 acquisition, improvement, expansion, or replacement of any
19 plant or equipment with respect to which an expenditure is
20 made shall be included in determining if such expenditure
21 exceeds the capital expenditures minimum. Donations of
22 equipment or facilities to a health care facility which if
23 acquired directly by such facility would be subject to review
24 under this Act shall be considered capital expenditures, and
25 a transfer of equipment or facilities for less than fair
26 market value shall be considered a capital expenditure for
27 purposes of this Act if a transfer of the equipment or
28 facilities at fair market value would be subject to review.
29 "Capital expenditure minimum" means $7,000,000 $1,000,000
30 for major medical equipment and $2,000,000 for all clinical
31 other capital expenditures, both of which shall be annually
32 adjusted to reflect the increase in construction costs due to
33 inflation.
34 "Non-clinical service area" means an area for the benefit
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1 of patients, visitors, staff, or employees of the health care
2 facility that is not directly related to the diagnosis,
3 treatment, or rehabilitation of persons receiving services
4 from the health care facility. "Non-clinical service areas"
5 include, but are not limited to, chapels; gift shops; news
6 stands; tunnels, walkways, and elevators; computer systems;
7 telephone systems; projects to comply with life safety codes;
8 educational facilities; student housing; patient, employee,
9 staff, and visitor dining areas; administration and volunteer
10 offices; modernization of structural components (such as roof
11 replacement and masonry work); boiler repair or replacement;
12 vehicle maintenance and storage facilities; parking
13 facilities; mechanical systems for heating, ventilation, and
14 air conditioning; loading docks; and repair or replacement of
15 carpeting, tile, wall coverings, window coverings or
16 treatments, or furniture.
17 "Areawide" means a major area of the State delineated on
18 a geographic, demographic, and functional basis for health
19 planning and for health service and having within it one or
20 more local areas for health planning and health service. The
21 term "region", as contrasted with the term "subregion", and
22 the word "area" may be used synonymously with the term
23 "areawide".
24 "Local" means a subarea of a delineated major area that
25 on a geographic, demographic, and functional basis may be
26 considered to be part of such major area. The term
27 "subregion" may be used synonymously with the term "local".
28 "Areawide health planning organization" or "Comprehensive
29 health planning organization" means the health systems agency
30 designated by the Secretary, Department of Health and Human
31 Services or any successor agency.
32 "Local health planning organization" means those local
33 health planning organizations that are designated as such by
34 the areawide health planning organization of the appropriate
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1 area.
2 "Physician" means a person licensed to practice in
3 accordance with the Medical Practice Act of 1987, as amended.
4 "Licensed health care professional" means a person
5 licensed to practice a health profession under pertinent
6 licensing statutes of the State of Illinois.
7 "Director" means the Director of the Illinois Department
8 of Public Health.
9 "Agency" means the Illinois Department of Public Health.
10 "Comprehensive health planning" means health planning
11 concerned with the total population and all health and
12 associated problems that affect the well-being of people and
13 that encompasses health services, health manpower, and health
14 facilities; and the coordination among these and with those
15 social, economic, and environmental factors that affect
16 health.
17 "Alternative health care model" means a facility or
18 program authorized under the Alternative Health Care Delivery
19 Act.
20 (Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01.)
21 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
22 Sec. 4. There is created the Health Facilities Planning
23 Board, which shall perform such functions as hereinafter
24 described in this Act.
25 The State Board shall consist of 15 voting members,
26 including: 8 consumer members; one member representing the
27 commercial health insurance industry in Illinois; one member
28 representing proprietary hospitals in Illinois; one member
29 who is actively engaged in the field of hospital management;
30 one member who is a professional nurse registered in
31 Illinois; one member who is a physician in active private
32 practice licensed in Illinois to practice medicine in all of
33 its branches; one member who is actively engaged in the field
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1 of skilled nursing or intermediate care facility management;
2 and one member who is actively engaged in the administration
3 of an ambulatory surgical treatment center licensed under the
4 Ambulatory Surgical Treatment Center Act.
5 The State Board shall be appointed by the Governor, with
6 the advice and consent of the Senate. In making the
7 appointments, the Governor shall give consideration to
8 recommendations made by (1) the professional organizations
9 concerned with hospital management for the hospital
10 management appointment, (2) professional organizations
11 concerned with long term care facility management for the
12 long term care facility management appointment, (3)
13 professional medical organizations for the physician
14 appointment, (4) professional nursing organizations for the
15 nurse appointment, and (5) professional organizations
16 concerned with ambulatory surgical treatment centers for the
17 ambulatory surgical treatment center appointment, and shall
18 appoint as consumer members individuals familiar with
19 community health needs but whose interest in the operation,
20 construction or utilization of health care facilities are
21 derived from factors other than those related to his
22 profession, business, or economic gain, and who represent, so
23 far as possible, different geographic areas of the State. Not
24 more than 8 of the appointments shall be of the same
25 political party.
26 The Secretary of Human Services, the Director of Public
27 Aid, and the Director of Public Health, or their designated
28 representatives, shall serve as ex-officio, non-voting
29 members of the State Board.
30 Of those appointed by the Governor as voting members,
31 each member shall hold office for a term of 3 years:
32 provided, that any member appointed to fill a vacancy
33 occurring prior to the expiration of the term for which his
34 predecessor was appointed shall be appointed for the
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1 remainder of such term and the term of office of each
2 successor shall commence on July 1 of the year in which his
3 predecessor's term expires. In making original appointments
4 to the State Board, the Governor shall appoint 5 members for
5 a term of one year, 5 for a term of 2 years, and 3 for a term
6 of 3 years, and each of these terms of office shall commence
7 on July 1, 1974. The initial term of office for the members
8 appointed under this amendatory Act of 1996 shall begin on
9 July 1, 1996 and shall last for 2 years, and each subsequent
10 appointment shall be for a term of 3 years. Each member
11 shall hold office until his successor is appointed and
12 qualified.
13 State Board members, while serving on business of the
14 State Board, shall receive actual and necessary travel and
15 subsistence expenses while so serving away from their places
16 of residence. In addition, while serving on business of the
17 State Board, each member shall receive compensation of $150
18 per day, except that such compensation shall not exceed
19 $7,500 in any one year for any member.
20 The State Board shall provide for its own organization
21 and procedures, including the selection of a Chairman and
22 such other officers as deemed necessary. The Director, with
23 concurrence of the State Board, shall name as full-time
24 Executive Secretary of the State Board, a person qualified in
25 health care facility planning and in administration. The
26 Agency shall provide administrative and staff support for the
27 State Board. The State Board shall advise the Director of
28 its budgetary and staff needs and consult with the Director
29 on annual budget preparation.
30 The State Board shall meet at least once each quarter, or
31 as often as the Chairman of the State Board deems necessary,
32 or upon the request of a majority of the members.
33 Eight members of the State Board shall constitute a
34 quorum. The affirmative vote of 8 of the members of the
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1 State Board shall be necessary for any action requiring a
2 vote to be taken by the State Board. A vacancy in the
3 membership of the State Board shall not impair the right of a
4 quorum to exercise all the rights and perform all the duties
5 of the State Board as provided by this Act.
6 (Source: P.A. 89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)
7 (20 ILCS 3960/4.1 new)
8 Sec. 4.1. Ethics laws.
9 (a) All State Board meetings are subject to the Open
10 Meetings Act.
11 (b) The State Board is subject to the State Gift Ban Act.
12 (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
13 Sec. 5. After effective dates set by the State Board,
14 no person shall construct, modify or establish a health care
15 facility or acquire major medical equipment without first
16 obtaining a permit or exemption from the State Board. The
17 State Board shall not delegate to the Executive Secretary of
18 the State Board or any other person or entity the authority
19 to grant permits or exemptions whenever the Executive
20 Secretary or other person or entity would be required to
21 exercise any discretion affecting the decision to grant a
22 permit or exemption. The State Board shall set effective
23 dates applicable to all or to each classification or category
24 of health care facilities and applicable to all or each type
25 of transaction for which a permit is required. Varying
26 effective dates may be set, providing the date or dates so
27 set shall apply uniformly statewide.
28 Notwithstanding any effective dates established by this
29 Act or by the State Board, no person shall be required to
30 obtain a permit for any purpose under this Act until the
31 State health facilities plan referred to in paragraph (4) of
32 Section 12 of this Act has been approved and adopted by the
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1 State Board subsequent to public hearings having been held
2 thereon.
3 A permit or exemption shall be obtained prior to the
4 acquisition of major medical equipment or to the construction
5 or modification of a health care facility which:
6 (a) requires a total capital expenditure in excess
7 of the capital expenditure minimum; or
8 (b) substantially changes the scope or changes the
9 functional operation of the facility; or
10 (c) changes the bed capacity of a health care
11 facility by increasing the total number of beds or by
12 distributing beds among various categories of service or
13 by relocating beds from one physical facility or site to
14 another by more than 10 beds or more than 10% of total
15 bed capacity as defined by the State Board, whichever is
16 less, over a 2 year period.
17 A permit shall be valid only for the defined construction
18 or modifications, site, amount and person named in the
19 application for such permit and shall not be transferable or
20 assignable. A permit shall be valid until such time as the
21 project has been completed, provided that (a) obligation of
22 the project occurs within 12 months following issuance of the
23 permit except for major construction projects such obligation
24 must occur within 18 months following issuance of the permit;
25 and (b) the project commences and proceeds to completion with
26 due diligence. Major construction projects, for the purposes
27 of this Act, shall include but are not limited to: projects
28 for the construction of new buildings; additions to existing
29 facilities; modernization projects whose cost is in excess of
30 $1,000,000 or 10% of the facilities' operating revenue,
31 whichever is less; and such other projects as the State Board
32 shall define and prescribe pursuant to this Act. The State
33 Board may extend the obligation period upon a showing of good
34 cause by the permit holder. Permits for projects that have
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1 not been obligated within the prescribed obligation period
2 shall expire on the last day of that period.
3 Persons who otherwise would be required to obtain a
4 permit shall be exempt from such requirement if the State
5 Board finds that with respect to establishing a new facility
6 or construction of new buildings or additions or
7 modifications to an existing facility, final plans and
8 specifications for such work have prior to October 1, 1974,
9 been submitted to and approved by the Department of Public
10 Health in accordance with the requirements of applicable
11 laws. Such exemptions shall be null and void after December
12 31, 1979 unless binding construction contracts were signed
13 prior to December 1, 1979 and unless construction has
14 commenced prior to December 31, 1979. Such exemptions shall
15 be valid until such time as the project has been completed
16 provided that the project proceeds to completion with due
17 diligence.
18 The acquisition by any person of major medical equipment
19 that will not be owned by or located in a health care
20 facility and that will not be used to provide services to
21 inpatients of a health care facility shall be exempt from
22 review provided that a notice is filed in accordance with
23 exemption requirements.
24 Notwithstanding any other provision of this Act, no
25 permit or exemption is required for the construction or
26 modification of a non-clinical service area of a health care
27 facility.
28 (Source: P.A. 88-18.)
29 (20 ILCS 3960/19.5 new)
30 Sec. 19.5. Audit. Upon the effective date of this
31 amendatory Act of the 91st General Assembly, the Auditor
32 General must commence an audit of the State Board to
33 determine:
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1 (1) whether the State Board can demonstrate that the
2 certificate of need process is successful in controlling
3 health care costs, allowing public access to necessary
4 health services, and guaranteeing the availability of
5 quality health care to the general public;
6 (2) whether the State Board is following its adopted
7 rules and procedures;
8 (3) whether the State Board is consistent in
9 awarding and denying certificates of need; and
10 (4) whether the State Board's annual reports reflect
11 a cost savings to the State.
12 The Auditor General must report on the results of the
13 audit to the General Assembly upon completion.
14 This Section is repealed when the Auditor General files
15 his or her report with the General Assembly.
16 (20 ILCS 3960/19.6 new)
17 Sec. 19.6. Repeal. This Act is repealed on July 1,
18 2003.
19 Section 20. The Illinois State Auditing Act is amended
20 by changing Section 3-1 as follows:
21 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
22 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
23 General has jurisdiction over all State agencies to make post
24 audits and investigations authorized by or under this Act or
25 the Constitution.
26 The Auditor General has jurisdiction over local
27 government agencies and private agencies only:
28 (a) to make such post audits authorized by or under
29 this Act as are necessary and incidental to a post audit
30 of a State agency or of a program administered by a State
31 agency involving public funds of the State, but this
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1 jurisdiction does not include any authority to review
2 local governmental agencies in the obligation, receipt,
3 expenditure or use of public funds of the State that are
4 granted without limitation or condition imposed by law,
5 other than the general limitation that such funds be used
6 for public purposes;
7 (b) to make investigations authorized by or under
8 this Act or the Constitution; and
9 (c) to make audits of the records of local
10 government agencies to verify actual costs of
11 state-mandated programs when directed to do so by the
12 Legislative Audit Commission at the request of the State
13 Board of Appeals under the State Mandates Act.
14 In addition to the foregoing, the Auditor General may
15 conduct an audit of the Metropolitan Pier and Exposition
16 Authority, the Regional Transportation Authority, the
17 Suburban Bus Division, the Commuter Rail Division and the
18 Chicago Transit Authority and any other subsidized carrier
19 when authorized by the Legislative Audit Commission. Such
20 audit may be a financial, management or program audit, or any
21 combination thereof.
22 The audit shall determine whether they are operating in
23 accordance with all applicable laws and regulations. Subject
24 to the limitations of this Act, the Legislative Audit
25 Commission may by resolution specify additional
26 determinations to be included in the scope of the audit.
27 The Auditor General may also conduct an audit, when
28 authorized by the Legislative Audit Commission, of any
29 hospital which receives 10% or more of its gross revenues
30 from payments from the State of Illinois, Department of
31 Public Aid, Medical Assistance Program.
32 The Auditor General is authorized to conduct financial
33 and compliance audits of the Illinois Distance Learning
34 Foundation and the Illinois Conservation Foundation.
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1 As soon as practical after the effective date of this
2 amendatory Act of 1995, the Auditor General shall conduct a
3 compliance and management audit of the City of Chicago and
4 any other entity with regard to the operation of Chicago
5 O'Hare International Airport, Chicago Midway Airport and
6 Merrill C. Meigs Field. The audit shall include, but not be
7 limited to, an examination of revenues, expenses, and
8 transfers of funds; purchasing and contracting policies and
9 practices; staffing levels; and hiring practices and
10 procedures. When completed, the audit required by this
11 paragraph shall be distributed in accordance with Section
12 3-14.
13 The Auditor General shall conduct a financial and
14 compliance and program audit of distributions from the
15 Municipal Economic Development Fund during the immediately
16 preceding calendar year pursuant to Section 8-403.1 of the
17 Public Utilities Act at no cost to the city, village, or
18 incorporated town that received the distributions.
19 The Auditor General must conduct an audit of the Health
20 Facilities Planning Board pursuant to Section 19.5 of the
21 Illinois Health Facilities Planning Act.
22 (Source: P.A. 89-386, eff. 8-18-95; 90-813, eff. 1-29-99.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.
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