HB4899 103RD GENERAL ASSEMBLY

LRB103 37262 CES 67383 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4899

Introduced 2/7/2024, by Rep. Camille Y. Lilly

SYNOPSIS AS INTRODUCED:

210 ILCS 9/23 new
210 ILCS 9/135
210 ILCS 45/3-202.5
210 ILCS 46/3-202.5

Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of the proposed constructions. Requires fees collected under the provisions to be deposited into the Health Facility Plan Review Fund and used by the Department to pay only the costs of conducting reviews under the provisions. Makes conforming changes in the Nursing Home Care Act and the MC/DD Community Care Act.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Assisted Living and Shared Housing Act is amended by adding Section 23 and by changing Section 135 as follows:

(210 ILCS 9/23 new)

Sec. 23. Establishment construction; Department review; fees.

(a) Before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department for review and approval.

The Department shall provide criteria by rule for determining whether a construction, alteration, or addition is subject to the submission requirements of this Section. The Department shall not review a submission under this Section until the required fee, if any, has been paid.

An establishment may voluntarily submit architectural drawings and specifications for a construction, alteration, or addition for Department review and approval under subsection (b) without being charged a fee under subsection (c).

Review of architectural drawings and specifications shall be conducted by (i) a Department employee who meets the qualifications for that employee's class specification according to requirements of the Department of Central Management Services or by (ii) a person under contract with the Department who meets the same qualifications described under (i). Final approval of the architectural drawings and specifications shall be obtained from the Department before the construction, alteration, or addition begins.

(b) Regardless of whether the submission is complete or incomplete, the Department shall inform the owner or operator of an establishment submitting architectural drawings and specifications under subsection (a) in writing within 10 business days after receiving the architectural drawings and specifications and the required fee, if any.

If the submission is incomplete, the Department shall inform the owner or operator of each deficiency of the submission in writing. If the Department fails to provide the owner or operator with the notice within 10 working days, the submission shall be deemed complete for purposes of initiating the 60-calendar-day review period required under this subsection.

If the submission is complete and the required fee, if any, has been paid, the Department shall approve or disapprove the architectural drawings and specifications no later than 60 calendar days after being received by the Department.

The drawings and specifications shall be of sufficient detail, as determined by the Department by rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the architectural drawings and specifications are not of sufficient detail to render a determination of compliance, the submission shall be deemed incomplete and shall not be considered for purposes of initiating the 60-calendar-day review period, but the applicant may submit additional information to supplement the submission. The 60-calendar-day review period shall not commence until the Department determines that the submission is complete or if the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within the 60-calendar-day review period, the construction, alteration, or addition shall be deemed approved. If the submission is disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval and the owner or operator may submit additional information in response or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made by the Department within 45 calendar days after receiving the additional information or request for reconsideration. If denied, the Department shall state the specific reasons for the denial.

(c) Unless changed by the Department by rule under subsection (e), the Department shall charge the following fees for reviews conducted under this Section:

(1) If the estimated dollar value of the construction, alteration, or addition is less than $50,000, no fee is required.

(2) If the estimated dollar value of the construction, alteration, or addition is $50,000 or more but less than $500,000, the fee shall be the greater of $4,000 or 2.0% of the estimated dollar value.

(3) If the estimated dollar value of the construction, alteration, or addition is $500,000 or more but less than $1,000,000, the fee shall be the greater of $10,000 or 1.5% of the estimated dollar value.

(4) If the estimated dollar value of the construction, alteration, or addition is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $13,000 or 0.35% of the estimated dollar value.

(5) If the estimated dollar value of the construction, alteration, or addition is $5,000,000 or more, the fee shall be the greater of $15,000 or 0.175% of the estimated dollar value, but shall not exceed $35,000.

The fees provided in this subsection shall not apply to an establishment's construction, alteration, or addition if it involves changes to the establishment that are required by the Department by rule.

(d) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section. All fees paid by assisted living establishments and shared housing establishments under subsection (d) shall be used only to cover the costs relating to the Department's review of assisted living establishment and shared housing establishment projects under this Section. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted under this Section.

(e) The Department shall review the fee structure under subsection (c) 3 years after the effective date of this amendatory Act of the 103rd General Assembly and every 5 years thereafter and shall, by rule, increase or decrease fee amounts as the Department determines to be necessary for the Department to maintain its ability to review submissions under this Section.

(f) The Department shall conduct an on-site inspection of a completed construction, alteration, or addition no later than 30 business days after notification from the owner or operator of the establishment that the construction, alteration, or addition has been completed and all certifications required by the Department have been received and accepted. The establishment shall not be occupied until the Department provides written approval for occupancy to the owner or operator within 5 business days after the Department's final inspection, provided that the owner or operator has substantially complied with this Section as determined by the Department by rule. However, if the Department has not conducted the on-site inspection within the 30-day period or provided the written approval within 5 days thereafter, the construction, alteration, or addition shall be deemed approved, the establishment may be occupied, and the establishment's license shall be issued after the establishment passes an on-site health inspection by the Department.

(g) The Department shall establish a procedure, by rule, to conduct voluntary interim on-site review of construction, alteration, or addition projects for a fee of $3,000 per interim on-site review.

(h) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.

(i) Nothing in this Section shall be construed to apply to emergency repair, maintenance, upkeep, or renovation that does not affect the structural integrity of an establishment, does not add units or services so as to be greater than the number for which the establishment is licensed, and provides a reasonable degree of safety for the establishment's residents.

(210 ILCS 9/135)

Sec. 135. Civil penalties.

(a) The Department may assess a civil penalty not to exceed $15,000 $5,000 against any establishment subject to this Act for violations of this Act. Each day a violation continues shall be deemed a separate violation.

(b) Beginning 180 days after the adoption of rules under this Act, the Department may assess a civil penalty not to exceed $3,000 against any establishment subject to this Act for caring for a resident who exceeds the care needs defined in this Act. Each day a violation continues shall be deemed a separate violation.

(c) The Department is authorized to hold hearings in contested cases regarding appeals of the penalties assessed pursuant to this Section.

(Source: P.A. 91-656, eff. 1-1-01.)

Section 10. The Nursing Home Care Act is amended by changing Section 3-202.5 as follows:

(210 ILCS 45/3-202.5)

Sec. 3-202.5. Facility plan review; fees.

(a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long term care facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun.

(b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60-day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60-day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60-day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial.

(c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if:

(1) the Department reviewed and approved or deemed approved the drawings and specifications for compliance with design and construction standards;

(2) the construction, major alteration, or addition was built as submitted;

(3) the law or rules have not been amended since the original approval; and

(4) the conditions at the facility indicate that there is a reasonable degree of safety provided for the residents.

(d) The Department shall charge the following fees in connection with its reviews conducted before June 30, 2004 under this Section:

(1) (Blank).

(2) (Blank).

(3) If the estimated dollar value of the alteration, addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.

(4) If the estimated dollar value of the alteration, addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.

(5) If the estimated dollar value of the alteration, addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.

(6) If the estimated dollar value of the alteration, addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.

The fees provided in this subsection (d) shall not apply to major construction projects involving facility changes that are required by Department rule amendments.

The fees provided in this subsection (d) shall also not apply to major construction projects if 51% or more of the estimated cost of the project is attributed to capital equipment. For major construction projects where 51% or more of the estimated cost of the project is attributed to capital equipment, the Department shall by rule establish a fee that is reasonably related to the cost of reviewing the project.

The Department shall not commence the facility plan review process under this Section until the applicable fee has been paid.

(e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. All fees paid by facilities licensed under this Act, under the Assisted Living and Shared Housing Act, and under the MC/DD Community Care Act shall be used only to cover the costs relating to the Department's review of facilities licensed under this Act, under the Assisted Living and Shared Housing Act, or under Section 3-202.5 of the MC/DD Community Care Act. All fees paid by long-term care facilities under subsection (d) shall be used only to cover the costs relating to the Department's review of long-term care facility projects under this Section. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section or under Section 3-202.5 of the ID/DD Community Care Act or Section 3-202.5 of the MC/DD Act. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted pursuant to this Section.

(f)(1) The provisions of this amendatory Act of 1997 concerning drawings and specifications shall apply only to drawings and specifications submitted to the Department on or after October 1, 1997.

(2) On and after the effective date of this amendatory Act of 1997 and before October 1, 1997, an applicant may submit or resubmit drawings and specifications to the Department and pay the fees provided in subsection (d). If an applicant pays the fees provided in subsection (d) under this paragraph (2), the provisions of subsection (b) shall apply with regard to those drawings and specifications.

(g) The Department shall conduct an on-site inspection of the completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall conduct an on-site inspection of the completed project to the extent feasible. The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.

(h) The Department shall establish, by rule, a procedure to conduct interim on-site review of large or complex construction projects.

(i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.

(j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add beds or services over the number for which the long-term care facility is licensed, and provides a reasonable degree of safety for the residents.

(Source: P.A. 103-1, eff. 4-27-23.)

Section 15. The MC/DD Act is amended by changing Section 3-202.5 as follows:

(210 ILCS 46/3-202.5)

Sec. 3-202.5. Facility plan review; fees.

(a) Before commencing construction of a new facility or specified types of alteration or additions to an existing facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun.

(b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60-day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60 day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60 day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial.

(c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if:

(1) the Department reviewed and approved or deemed approved the drawings and specifications for compliance with design and construction standards;

(2) the construction, major alteration, or addition was built as submitted;

(3) the law or rules have not been amended since the original approval; and

(4) the conditions at the facility indicate that there is a reasonable degree of safety provided for the residents.

(d) (Blank).

(e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section, under Section 3-202.5 of the Nursing Home Care Act, or under Section 3-202.5 of the MC/DD ID/DD Community Care Act. All fees paid by establishments licensed under this Act, under the Assisted Living and Shared Housing Act, and under the Nursing Home Care Act shall be used only to cover the costs relating to the Department's review of facilities licensed under this Act, under the Assisted Living and Shared Housing Act, or under Section 3-202.5 of the Nursing Home Care Act. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted pursuant to this Section.

(f) (Blank).

(g) The Department shall conduct an on site inspection of the completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall conduct an on-site inspection to the extent feasible. The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.

(h) The Department shall establish, by rule, a procedure to conduct interim on site review of large or complex construction projects.

(i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.

(j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add beds or services over the number for which the facility is licensed, and provides a reasonable degree of safety for the residents.

(Source: P.A. 103-1, eff. 4-27-23.)