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Public Act 095-0543
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| HB0625 Enrolled |
LRB095 08825 HLH 29011 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Health Facilities Planning Act is |
amended by changing Sections 3 and 14.1 as follows:
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(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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(Section scheduled to be repealed on April 1, 2007)
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Sec. 3. Definitions. As used in this Act:
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"Health care facilities" means and includes
the following |
facilities and organizations:
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1. An ambulatory surgical treatment center required to |
be licensed
pursuant to the Ambulatory Surgical Treatment |
Center Act;
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2. An institution, place, building, or agency required |
to be licensed
pursuant to the Hospital Licensing Act;
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3. Skilled and intermediate long term care facilities |
licensed under the
Nursing
Home Care Act;
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3. Skilled and intermediate long term care facilities |
licensed under the
Nursing
Home Care Act;
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4. Hospitals, nursing homes, ambulatory surgical |
treatment centers, or
kidney disease treatment centers
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maintained by the State or any department or agency |
thereof;
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5. Kidney disease treatment centers, including a |
free-standing
hemodialysis unit required to be licensed |
under the End Stage Renal Disease Facility Act; and
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6. An institution, place, building, or room used for |
the performance of
outpatient surgical procedures that is |
leased, owned, or operated by or on
behalf of an |
out-of-state facility.
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No federally owned facility shall be subject to the |
provisions of this
Act, nor facilities used solely for healing |
by prayer or spiritual means.
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No facility licensed under the Supportive Residences |
Licensing Act or the
Assisted Living and Shared Housing Act
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shall be subject to the provisions of this Act.
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A facility designated as a supportive living facility that |
is in good
standing with the program
established under Section |
5-5.01a of
the Illinois Public Aid Code shall not be subject to |
the provisions of this
Act.
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This Act does not apply to facilities granted waivers under |
Section 3-102.2
of the Nursing Home Care Act. However, if a |
demonstration project under that
Act applies for a certificate
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of need to convert to a nursing facility, it shall meet the |
licensure and
certificate of need requirements in effect as of |
the date of application. |
This Act does not apply to a dialysis facility that |
provides only dialysis training, support, and related services |
to individuals with end stage renal disease who have elected to |
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receive home dialysis. This Act does not apply to a dialysis |
unit located in a licensed nursing home that offers or provides |
dialysis-related services to residents with end stage renal |
disease who have elected to receive home dialysis within the |
nursing home. The Board, however, may require these dialysis |
facilities and licensed nursing homes to report statistical |
information on a quarterly basis to the Board to be used by the |
Board to conduct analyses on the need for proposed kidney |
disease treatment centers.
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This Act shall not apply to the closure of an entity or a |
portion of an
entity licensed under the Nursing Home Care Act, |
with the exceptions of facilities operated by a county or |
Illinois Veterans Homes, that elects to convert, in
whole or in |
part, to an assisted living or shared housing establishment
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licensed under the Assisted Living and Shared Housing Act.
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This Act does not apply to any change of ownership of a |
healthcare facility that is licensed under the Nursing Home |
Care Act, with the exceptions of facilities operated by a |
county or Illinois Veterans Homes. Changes of ownership of |
facilities licensed under the Nursing Home Care Act must meet |
the requirements set forth in Sections 3-101 through 3-119 of |
the Nursing Home Care Act.
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With the exception of those health care facilities |
specifically
included in this Section, nothing in this Act |
shall be intended to
include facilities operated as a part of |
the practice of a physician or
other licensed health care |
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professional, whether practicing in his
individual capacity or |
within the legal structure of any partnership,
medical or |
professional corporation, or unincorporated medical or
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professional group. Further, this Act shall not apply to |
physicians or
other licensed health care professional's |
practices where such practices
are carried out in a portion of |
a health care facility under contract
with such health care |
facility by a physician or by other licensed
health care |
professionals, whether practicing in his individual capacity
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or within the legal structure of any partnership, medical or
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professional corporation, or unincorporated medical or |
professional
groups. This Act shall apply to construction or
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modification and to establishment by such health care facility |
of such
contracted portion which is subject to facility |
licensing requirements,
irrespective of the party responsible |
for such action or attendant
financial obligation.
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"Person" means any one or more natural persons, legal |
entities,
governmental bodies other than federal, or any |
combination thereof.
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"Consumer" means any person other than a person (a) whose |
major
occupation currently involves or whose official capacity |
within the last
12 months has involved the providing, |
administering or financing of any
type of health care facility, |
(b) who is engaged in health research or
the teaching of |
health, (c) who has a material financial interest in any
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activity which involves the providing, administering or |
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financing of any
type of health care facility, or (d) who is or |
ever has been a member of
the immediate family of the person |
defined by (a), (b), or (c).
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"State Board" means the Health Facilities Planning Board.
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"Construction or modification" means the establishment, |
erection,
building, alteration, reconstruction, modernization, |
improvement,
extension, discontinuation, change of ownership, |
of or by a health care
facility, or the purchase or acquisition |
by or through a health care facility
of
equipment or service |
for diagnostic or therapeutic purposes or for
facility |
administration or operation, or any capital expenditure made by
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or on behalf of a health care facility which
exceeds the |
capital expenditure minimum; however, any capital expenditure
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made by or on behalf of a health care facility for (i) the |
construction or
modification of a facility licensed under the |
Assisted Living and Shared
Housing Act or (ii) a conversion |
project undertaken in accordance with Section 30 of the Older |
Adult Services Act shall be excluded from any obligations under |
this Act.
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"Establish" means the construction of a health care |
facility or the
replacement of an existing facility on another |
site.
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"Major medical equipment" means medical equipment which is |
used for the
provision of medical and other health services and |
which costs in excess
of the capital expenditure minimum, |
except that such term does not include
medical equipment |
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acquired
by or on behalf of a clinical laboratory to provide |
clinical laboratory
services if the clinical laboratory is |
independent of a physician's office
and a hospital and it has |
been determined under Title XVIII of the Social
Security Act to |
meet the requirements of paragraphs (10) and (11) of Section
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1861(s) of such Act. In determining whether medical equipment |
has a value
in excess of the capital expenditure minimum, the |
value of studies, surveys,
designs, plans, working drawings, |
specifications, and other activities
essential to the |
acquisition of such equipment shall be included.
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"Capital Expenditure" means an expenditure: (A) made by or |
on behalf of
a health care facility (as such a facility is |
defined in this Act); and
(B) which under generally accepted |
accounting principles is not properly
chargeable as an expense |
of operation and maintenance, or is made to obtain
by lease or |
comparable arrangement any facility or part thereof or any
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equipment for a facility or part; and which exceeds the capital |
expenditure
minimum.
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For the purpose of this paragraph, the cost of any studies, |
surveys, designs,
plans, working drawings, specifications, and |
other activities essential
to the acquisition, improvement, |
expansion, or replacement of any plant
or equipment with |
respect to which an expenditure is made shall be included
in |
determining if such expenditure exceeds the capital |
expenditures minimum.
Donations of equipment
or facilities to a |
health care facility which if acquired directly by such
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facility would be subject to review under this Act shall be |
considered capital
expenditures, and a transfer of equipment or |
facilities for less than fair
market value shall be considered |
a capital expenditure for purposes of this
Act if a transfer of |
the equipment or facilities at fair market value would
be |
subject to review.
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"Capital expenditure minimum" means $6,000,000, which |
shall be annually
adjusted to reflect the increase in |
construction costs due to inflation, for major medical |
equipment and for all other
capital expenditures; provided, |
however, that when a capital expenditure is
for the |
construction or modification of a health and fitness center, |
"capital
expenditure minimum" means the capital expenditure |
minimum for all other
capital expenditures in effect on March |
1, 2000, which shall be annually
adjusted to reflect the |
increase in construction costs due to inflation.
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"Non-clinical service area" means an area (i) for the |
benefit of the
patients, visitors, staff, or employees of a |
health care facility and (ii) not
directly related to the |
diagnosis, treatment, or rehabilitation of persons
receiving |
services from the health care facility. "Non-clinical service |
areas"
include, but are not limited to, chapels; gift shops; |
news stands; computer
systems; tunnels, walkways, and |
elevators; telephone systems; projects to
comply with life |
safety codes; educational facilities; student housing;
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patient, employee, staff, and visitor dining areas; |
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administration and
volunteer offices; modernization of |
structural components (such as roof
replacement and masonry |
work); boiler repair or replacement; vehicle
maintenance and |
storage facilities; parking facilities; mechanical systems for
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heating, ventilation, and air conditioning; loading docks; and |
repair or
replacement of carpeting, tile, wall coverings, |
window coverings or treatments,
or furniture. Solely for the |
purpose of this definition, "non-clinical service
area" does |
not include health and fitness centers.
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"Areawide" means a major area of the State delineated on a
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geographic, demographic, and functional basis for health |
planning and
for health service and having within it one or |
more local areas for
health planning and health service. The |
term "region", as contrasted
with the term "subregion", and the |
word "area" may be used synonymously
with the term "areawide".
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"Local" means a subarea of a delineated major area that on |
a
geographic, demographic, and functional basis may be |
considered to be
part of such major area. The term "subregion" |
may be used synonymously
with the term "local".
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"Areawide health planning organization" or "Comprehensive |
health
planning organization" means the health systems agency |
designated by the
Secretary, Department of Health and Human |
Services or any successor agency.
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"Local health planning organization" means those local |
health
planning organizations that are designated as such by |
the areawide
health planning organization of the appropriate |
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area.
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"Physician" means a person licensed to practice in |
accordance with
the Medical Practice Act of 1987, as amended.
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"Licensed health care professional" means a person |
licensed to
practice a health profession under pertinent |
licensing statutes of the
State of Illinois.
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"Director" means the Director of the Illinois Department of |
Public Health.
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"Agency" means the Illinois Department of Public Health.
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"Comprehensive health planning" means health planning |
concerned with
the total population and all health and |
associated problems that affect
the well-being of people and |
that encompasses health services, health
manpower, and health |
facilities; and the coordination among these and
with those |
social, economic, and environmental factors that affect |
health.
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"Alternative health care model" means a facility or program |
authorized
under the Alternative Health Care Delivery Act.
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"Out-of-state facility" means a person that is both (i) |
licensed as a
hospital or as an ambulatory surgery center under |
the laws of another state
or that
qualifies as a hospital or an |
ambulatory surgery center under regulations
adopted pursuant |
to the Social Security Act and (ii) not licensed under the
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Ambulatory Surgical Treatment Center Act, the Hospital |
Licensing Act, or the
Nursing Home Care Act. Affiliates of |
out-of-state facilities shall be
considered out-of-state |
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facilities. Affiliates of Illinois licensed health
care |
facilities 100% owned by an Illinois licensed health care |
facility, its
parent, or Illinois physicians licensed to |
practice medicine in all its
branches shall not be considered |
out-of-state facilities. Nothing in
this definition shall be
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construed to include an office or any part of an office of a |
physician licensed
to practice medicine in all its branches in |
Illinois that is not required to be
licensed under the |
Ambulatory Surgical Treatment Center Act.
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"Change of ownership of a health care facility" means a |
change in the
person
who has ownership or
control of a health |
care facility's physical plant and capital assets. A change
in |
ownership is indicated by
the following transactions: sale, |
transfer, acquisition, lease, change of
sponsorship, or other |
means of
transferring control.
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"Related person" means any person that: (i) is at least 50% |
owned, directly
or indirectly, by
either the health care |
facility or a person owning, directly or indirectly, at
least |
50% of the health
care facility; or (ii) owns, directly or |
indirectly, at least 50% of the
health care facility.
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"Charity care" means care provided by a health care |
facility for which the provider does not expect to receive |
payment from the patient or a third-party payer. |
(Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; |
93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; 94-342, eff. |
7-26-05; revised 8-21-06.)
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(20 ILCS 3960/14.1)
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(Section scheduled to be repealed on April 1, 2007)
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Sec. 14.1. Denial of permit; other sanctions.
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(a) The State Board may deny an application for a permit or |
may revoke or
take other action as permitted by this Act with |
regard to a permit as the State
Board deems appropriate, |
including the imposition of fines as set forth in this
Section, |
for any one or a combination of the following:
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(1) The acquisition of major medical equipment without |
a permit or in
violation of the terms of a permit.
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(2) The establishment, construction, or modification |
of a health care
facility without a permit or in violation |
of the terms of a permit.
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(3) The violation of any provision of this Act or any |
rule adopted
under this Act.
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(4) The failure, by any person subject to this Act, to |
provide information
requested by the State Board or Agency |
within 30 days after a formal written
request for the |
information.
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(5) The failure to pay any fine imposed under this |
Section within 30 days
of its imposition.
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(a-5) For facilities licensed under the Nursing Home Care |
Act, no permit shall be denied on the basis of prior operator |
history, other than for actions specified under item (2), (4), |
or (5) of Section 3-117 of the Nursing Home Care Act.
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(b) Persons shall be subject to fines as follows:
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(1) A permit holder who fails to comply with the |
requirements of
maintaining a valid permit shall be fined |
an amount not to exceed 1% of the
approved permit amount |
plus an additional 1% of the approved permit amount for
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each 30-day period, or fraction thereof, that the violation |
continues.
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(2) A permit holder who alters the scope of an approved |
project or whose
project costs exceed the allowable permit |
amount without first obtaining
approval from the State |
Board shall be fined an amount not to exceed the sum of
(i) |
the lesser of $25,000 or 2% of the approved permit amount |
and (ii) in those
cases where the approved permit amount is |
exceeded by more than $1,000,000, an
additional $20,000 for |
each $1,000,000, or fraction thereof, in excess of the
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approved permit amount.
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(3) A person who acquires major medical equipment or |
who establishes a
category of service without first |
obtaining a permit or exemption, as the case
may be, shall |
be fined an amount not to exceed $10,000 for each such
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acquisition or category of service established plus an |
additional $10,000 for
each 30-day period, or fraction |
thereof, that the violation continues.
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(4) A person who constructs, modifies, or establishes a |
health care
facility without first obtaining a permit shall |
be fined an amount not to
exceed $25,000 plus an additional |
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$25,000 for each 30-day period, or fraction
thereof, that |
the violation continues.
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(5) A person who discontinues a health care facility or |
a category of
service without first obtaining a permit |
shall be fined an amount not to exceed
$10,000 plus an |
additional $10,000 for each 30-day period, or fraction |
thereof,
that the violation continues. For purposes of this |
subparagraph (5), facilities licensed under the Nursing |
Home Care Act, with the exceptions of facilities operated |
by a county or Illinois Veterans Homes, are exempt from |
this permit requirement. However, facilities licensed |
under the Nursing Home Care Act must comply with Section |
3-423 of that Act and must provide the Board with 30-days' |
written notice of its intent to close.
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(6) A person subject to this Act who fails to provide |
information
requested by the State Board or Agency within |
30 days of a formal written
request shall be fined an |
amount not to exceed $1,000 plus an additional $1,000
for |
each 30-day period, or fraction thereof, that the |
information is not
received by the State Board or Agency.
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(c) Before imposing any fine authorized under this Section, |
the State Board
shall afford the person or permit holder, as |
the case may be, an appearance
before the State Board and an |
opportunity for a hearing before a hearing
officer appointed by |
the State Board. The hearing shall be conducted in
accordance |
with Section 10.
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