SB3493 103RD GENERAL ASSEMBLY

LRB103 36436 CES 69565 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3493

Introduced 2/9/2024, by Sen. Ann Gillespie

SYNOPSIS AS INTRODUCED:

210 ILCS 9/21 new

Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter.

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 21 as follows:

(210 ILCS 9/21 new)

Sec. 21. Facility plan review; fees.

(a) Before commencing construction of new facilities, or alteration or additions to an existing assisted living establishment or shared housing establishment involving major construction, as defined by rule by the Department, the applicant shall submit architectural drawings and specifications to the Department for review and approval. A facility shall 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 begins.

(b) The Department shall inform an applicant in writing within 10 business 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 business 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 and 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 after 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 under this subsection (b). If the Department has not approved or disapproved the drawings and specifications within 60 days after an application is complete or deemed complete, 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 after 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 under subsection (g).

(d) The Department shall charge the following fees in connection with the Department's reviews conducted after the effective date of this amendatory Act of the 103rd General Assembly under this Section:

(1) If the estimated dollar value of the alteration, addition or new construction is $49,999.99 or less, no fee is required.

(2) If the estimated dollar value of the alteration, addition, or new construction is more than $50,000 but less than or equal to $500,000, the fee shall be the greater of $3,000, $4,000, or 2.0% of that value.

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

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

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

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 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. 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.

(f) The Department shall review the fee structure after 3 years from the effective date of this amendatory Act of the 103rd General Assembly, fees shall be increased or decreased to maintain the plan review program. Fee structure shall be re-evaluated every 5 years thereafter.

(g) The Department shall conduct an on-site inspection of the completed project no later than 30 business 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. The Department shall provide written approval for occupancy to the applicant within 5 business 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 voluntary interim on-site review of large or complex construction projects for a fee of $3,000.00 per interim on-site review.

(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 units or services over the number for which the facility is licensed, and provides a reasonable degree of safety for the residents.