|
Sen. Bill Brady
Filed: 5/8/2008
|
|
09500HB5017sam002 |
|
LRB095 19601 HLH 50558 a |
|
|
1 |
| AMENDMENT TO HOUSE BILL 5017
|
2 |
| AMENDMENT NO. ______. Amend House Bill 5017 on page 1, line |
3 |
| 5, by replacing "Sections 15.5 and 19.6" with "Sections 12, |
4 |
| 15.5, and 19.6"; and
|
5 |
| on page 1, immediately below line 5, by inserting the |
6 |
| following:
|
7 |
| "(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
|
8 |
| (Section scheduled to be repealed on August 31, 2008)
|
9 |
| Sec. 12. Powers and duties of State Board. For purposes of |
10 |
| this Act,
the State Board
shall
exercise the following powers |
11 |
| and duties:
|
12 |
| (1) Prescribe rules,
regulations, standards, criteria, |
13 |
| procedures or reviews which may vary
according to the purpose |
14 |
| for which a particular review is being conducted
or the type of |
15 |
| project reviewed and which are required to carry out the
|
16 |
| provisions and purposes of this Act.
|
|
|
|
09500HB5017sam002 |
- 2 - |
LRB095 19601 HLH 50558 a |
|
|
1 |
| (2) Adopt procedures for public
notice and hearing on all |
2 |
| proposed rules, regulations, standards,
criteria, and plans |
3 |
| required to carry out the provisions of this Act.
|
4 |
| (3) Prescribe criteria for
recognition for areawide health |
5 |
| planning organizations, including, but
not limited to, |
6 |
| standards for evaluating the scientific bases for
judgments on |
7 |
| need and procedure for making these determinations.
|
8 |
| (4) Develop criteria and standards for health care |
9 |
| facilities planning,
conduct statewide inventories of health |
10 |
| care facilities, maintain an updated
inventory on the |
11 |
| Department's web site reflecting the
most recent bed and |
12 |
| service
changes and updated need determinations when new census |
13 |
| data become available , including data from a special census |
14 |
| conducted for a specific municipality,
or new need formulae
are |
15 |
| adopted,
and
develop health care facility plans which shall be |
16 |
| utilized in the review of
applications for permit under
this |
17 |
| Act. Such health facility plans shall be coordinated by the |
18 |
| Agency
with the health care facility plans areawide health |
19 |
| planning
organizations and with other pertinent State Plans. |
20 |
| Inventories pursuant to this Section of skilled or intermediate |
21 |
| care facilities licensed under the Nursing Home Care Act or |
22 |
| nursing homes licensed under the Hospital Licensing Act shall |
23 |
| be conducted on an annual basis no later than July 1 of each |
24 |
| year and shall include among the information requested a list |
25 |
| of all services provided by a facility to its residents and to |
26 |
| the community at large and differentiate between active and |
|
|
|
09500HB5017sam002 |
- 3 - |
LRB095 19601 HLH 50558 a |
|
|
1 |
| inactive beds.
|
2 |
| In developing health care facility plans, the State Board |
3 |
| shall consider,
but shall not be limited to, the following:
|
4 |
| (a) The size, composition and growth of the population |
5 |
| of the area
to be served;
|
6 |
| (b) The number of existing and planned facilities |
7 |
| offering similar
programs;
|
8 |
| (c) The extent of utilization of existing facilities;
|
9 |
| (d) The availability of facilities which may serve as |
10 |
| alternatives
or substitutes;
|
11 |
| (e) The availability of personnel necessary to the |
12 |
| operation of the
facility;
|
13 |
| (f) Multi-institutional planning and the establishment |
14 |
| of
multi-institutional systems where feasible;
|
15 |
| (g) The financial and economic feasibility of proposed |
16 |
| construction
or modification; and
|
17 |
| (h) In the case of health care facilities established |
18 |
| by a religious
body or denomination, the needs of the |
19 |
| members of such religious body or
denomination may be |
20 |
| considered to be public need.
|
21 |
| The health care facility plans which are developed and |
22 |
| adopted in
accordance with this Section shall form the basis |
23 |
| for the plan of the State
to deal most effectively with |
24 |
| statewide health needs in regard to health
care facilities.
|
25 |
| (5) Coordinate with other state agencies having |
26 |
| responsibilities
affecting health care facilities, including |
|
|
|
09500HB5017sam002 |
- 4 - |
LRB095 19601 HLH 50558 a |
|
|
1 |
| those of licensure and cost
reporting.
|
2 |
| (6) Solicit, accept, hold and administer on behalf of the |
3 |
| State
any grants or bequests of money, securities or property |
4 |
| for
use by the State Board or recognized areawide health |
5 |
| planning
organizations in the administration of this Act; and |
6 |
| enter into contracts
consistent with the appropriations for |
7 |
| purposes enumerated in this Act.
|
8 |
| (7) The State Board shall prescribe, in
consultation with |
9 |
| the recognized
areawide health planning organizations, |
10 |
| procedures for review, standards,
and criteria which shall be |
11 |
| utilized
to make periodic areawide reviews and determinations |
12 |
| of the appropriateness
of any existing health services being |
13 |
| rendered by health care facilities
subject to the Act. The |
14 |
| State Board shall consider recommendations of the
areawide |
15 |
| health planning organization and the Agency in making its
|
16 |
| determinations.
|
17 |
| (8) Prescribe, in consultation
with the recognized |
18 |
| areawide health planning organizations, rules, regulations,
|
19 |
| standards, and criteria for the conduct of an expeditious |
20 |
| review of
applications
for permits for projects of construction |
21 |
| or modification of a health care
facility, which projects are |
22 |
| non-substantive in nature. Such rules shall
not abridge the |
23 |
| right of areawide health planning organizations to make
|
24 |
| recommendations on the classification and approval of |
25 |
| projects, nor shall
such rules prevent the conduct of a public |
26 |
| hearing upon the timely request
of an interested party. Such |
|
|
|
09500HB5017sam002 |
- 5 - |
LRB095 19601 HLH 50558 a |
|
|
1 |
| reviews shall not exceed 60 days from the
date the application |
2 |
| is declared to be complete by the Agency.
|
3 |
| (9) Prescribe rules, regulations,
standards, and criteria |
4 |
| pertaining to the granting of permits for
construction
and |
5 |
| modifications which are emergent in nature and must be |
6 |
| undertaken
immediately to prevent or correct structural |
7 |
| deficiencies or hazardous
conditions that may harm or injure |
8 |
| persons using the facility, as defined
in the rules and |
9 |
| regulations of the State Board. This procedure is exempt
from |
10 |
| public hearing requirements of this Act.
|
11 |
| (10) Prescribe rules,
regulations, standards and criteria |
12 |
| for the conduct of an expeditious
review, not exceeding 60 |
13 |
| days, of applications for permits for projects to
construct or |
14 |
| modify health care facilities which are needed for the care
and |
15 |
| treatment of persons who have acquired immunodeficiency |
16 |
| syndrome (AIDS)
or related conditions.
|
17 |
| (Source: P.A. 93-41, eff. 6-27-03; 94-983, eff. 6-30-06 .)".
|