|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning health.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Health Facilities Planning Act is | ||||||
5 | amended by changing Sections 3, 5, and 19.6 as follows:
| ||||||
6 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| ||||||
7 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
8 | Sec. 3. Definitions. As used in this Act:
| ||||||
9 | "Health care facilities" means and includes
the following | ||||||
10 | facilities and organizations:
| ||||||
11 | 1. An ambulatory surgical treatment center required to | ||||||
12 | be licensed
pursuant to the Ambulatory Surgical Treatment | ||||||
13 | Center Act;
| ||||||
14 | 2. An institution, place, building, or agency required | ||||||
15 | to be licensed
pursuant to the Hospital Licensing Act;
| ||||||
16 | 3. Skilled and intermediate long term care facilities | ||||||
17 | licensed under the
Nursing
Home Care Act;
| ||||||
18 | 3. Skilled and intermediate long term care facilities | ||||||
19 | 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;
| ||||||
24 | 5. Kidney disease treatment centers, including a | ||||||
25 | free-standing
hemodialysis unit required to be licensed | ||||||
26 | under the End Stage Renal Disease Facility Act; and
| ||||||
27 | 6. An institution, place, building, or room used for | ||||||
28 | the performance of
outpatient surgical procedures that is | ||||||
29 | leased, owned, or operated by or on
behalf of an | ||||||
30 | out-of-state facility.
| ||||||
31 | No federally owned facility shall be subject to the | ||||||
32 | provisions of this
Act, nor facilities used solely for healing |
| |||||||
| |||||||
1 | by prayer or spiritual means.
| ||||||
2 | No facility licensed under the Supportive Residences | ||||||
3 | Licensing Act or the
Assisted Living and Shared Housing Act
| ||||||
4 | shall be subject to the provisions of this Act.
| ||||||
5 | A facility designated as a supportive living facility that | ||||||
6 | is in good
standing with the demonstration project established | ||||||
7 | under Section 5-5.01a of
the Illinois Public Aid Code shall not | ||||||
8 | be subject to the provisions of this
Act.
| ||||||
9 | This Act does not apply to facilities granted waivers under | ||||||
10 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
11 | demonstration project under that
Act applies for a certificate
| ||||||
12 | of need to convert to a nursing facility, it shall meet the | ||||||
13 | licensure and
certificate of need requirements in effect as of | ||||||
14 | the date of application. | ||||||
15 | This Act does not apply to a dialysis facility that | ||||||
16 | provides only dialysis training, support, and related services | ||||||
17 | to individuals with end stage renal disease who have elected to | ||||||
18 | receive home dialysis. This Act does not apply to a dialysis | ||||||
19 | unit located in a licensed nursing home that offers or provides | ||||||
20 | dialysis-related services to residents with end stage renal | ||||||
21 | disease who have elected to receive home dialysis within the | ||||||
22 | nursing home. The Board, however, may require these dialysis | ||||||
23 | facilities and licensed nursing homes to report statistical | ||||||
24 | information on a quarterly basis to the Board to be used by the | ||||||
25 | Board to conduct analyses on the need for proposed kidney | ||||||
26 | disease treatment centers.
| ||||||
27 | This Act shall not apply to the closure of an entity or a | ||||||
28 | portion of an
entity licensed under the Nursing Home Care Act | ||||||
29 | that elects to convert, in
whole or in part, to an assisted | ||||||
30 | living or shared housing establishment
licensed under the | ||||||
31 | Assisted Living and Shared Housing Act.
| ||||||
32 | With the exception of those health care facilities | ||||||
33 | specifically
included in this Section, nothing in this Act | ||||||
34 | shall be intended to
include facilities operated as a part of | ||||||
35 | the practice of a physician or
other licensed health care | ||||||
36 | professional, whether practicing in his
individual capacity or |
| |||||||
| |||||||
1 | within the legal structure of any partnership,
medical or | ||||||
2 | professional corporation, or unincorporated medical or
| ||||||
3 | professional group. Further, this Act shall not apply to | ||||||
4 | physicians or
other licensed health care professional's | ||||||
5 | practices where such practices
are carried out in a portion of | ||||||
6 | a health care facility under contract
with such health care | ||||||
7 | facility by a physician or by other licensed
health care | ||||||
8 | professionals, whether practicing in his individual capacity
| ||||||
9 | or within the legal structure of any partnership, medical or
| ||||||
10 | professional corporation, or unincorporated medical or | ||||||
11 | professional
groups. This Act shall apply to construction or
| ||||||
12 | modification and to establishment by such health care facility | ||||||
13 | of such
contracted portion which is subject to facility | ||||||
14 | licensing requirements,
irrespective of the party responsible | ||||||
15 | for such action or attendant
financial obligation.
| ||||||
16 | "Person" means any one or more natural persons, legal | ||||||
17 | entities,
governmental bodies other than federal, or any | ||||||
18 | combination thereof.
| ||||||
19 | "Consumer" means any person other than a person (a) whose | ||||||
20 | major
occupation currently involves or whose official capacity | ||||||
21 | within the last
12 months has involved the providing, | ||||||
22 | administering or financing of any
type of health care facility, | ||||||
23 | (b) who is engaged in health research or
the teaching of | ||||||
24 | health, (c) who has a material financial interest in any
| ||||||
25 | activity which involves the providing, administering or | ||||||
26 | financing of any
type of health care facility, or (d) who is or | ||||||
27 | ever has been a member of
the immediate family of the person | ||||||
28 | defined by (a), (b), or (c).
| ||||||
29 | "State Board" means the Health Facilities Planning Board.
| ||||||
30 | "Construction or modification" means the establishment, | ||||||
31 | erection,
building, alteration, reconstruction, modernization, | ||||||
32 | improvement,
extension, discontinuation, change of ownership, | ||||||
33 | of or by a health care
facility, or the purchase or acquisition | ||||||
34 | by or through a health care facility
of
equipment or service | ||||||
35 | for diagnostic or therapeutic purposes or for
facility | ||||||
36 | administration or operation, or any capital expenditure made by
|
| |||||||
| |||||||
1 | or on behalf of a health care facility which
exceeds the | ||||||
2 | capital expenditure minimum; however, any capital expenditure
| ||||||
3 | made by or on behalf of a health care facility for (i) the | ||||||
4 | construction or
modification of a facility licensed under the | ||||||
5 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
6 | project undertaken in accordance with Section 30 of the Older | ||||||
7 | Adult Services Act shall be excluded from any obligations under | ||||||
8 | this Act.
| ||||||
9 | "Establish" means the construction of a health care | ||||||
10 | facility or the
replacement of an existing facility on another | ||||||
11 | site.
| ||||||
12 | "Major medical equipment" means medical equipment which is | ||||||
13 | used for the
provision of medical and other health services and | ||||||
14 | which costs in excess
of the capital expenditure minimum, | ||||||
15 | except that such term does not include
medical equipment | ||||||
16 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
17 | clinical laboratory
services if the clinical laboratory is | ||||||
18 | independent of a physician's office
and a hospital and it has | ||||||
19 | been determined under Title XVIII of the Social
Security Act to | ||||||
20 | meet the requirements of paragraphs (10) and (11) of Section
| ||||||
21 | 1861(s) of such Act. In determining whether medical equipment | ||||||
22 | has a value
in excess of the capital expenditure minimum, the | ||||||
23 | value of studies, surveys,
designs, plans, working drawings, | ||||||
24 | specifications, and other activities
essential to the | ||||||
25 | acquisition of such equipment shall be included.
| ||||||
26 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
27 | on behalf of
a health care facility (as such a facility is | ||||||
28 | defined in this Act); and
(B) which under generally accepted | ||||||
29 | accounting principles is not properly
chargeable as an expense | ||||||
30 | of operation and maintenance, or is made to obtain
by lease or | ||||||
31 | comparable arrangement any facility or part thereof or any
| ||||||
32 | equipment for a facility or part; and which exceeds the capital | ||||||
33 | expenditure
minimum.
| ||||||
34 | For the purpose of this paragraph, the cost of any studies, | ||||||
35 | surveys, designs,
plans, working drawings, specifications, and | ||||||
36 | other activities essential
to the acquisition, improvement, |
| |||||||
| |||||||
1 | expansion, or replacement of any plant
or equipment with | ||||||
2 | respect to which an expenditure is made shall be included
in | ||||||
3 | determining if such expenditure exceeds the capital | ||||||
4 | expenditures minimum.
Donations of equipment
or facilities to a | ||||||
5 | health care facility which if acquired directly by such
| ||||||
6 | facility would be subject to review under this Act shall be | ||||||
7 | considered capital
expenditures, and a transfer of equipment or | ||||||
8 | facilities for less than fair
market value shall be considered | ||||||
9 | a capital expenditure for purposes of this
Act if a transfer of | ||||||
10 | the equipment or facilities at fair market value would
be | ||||||
11 | subject to review.
| ||||||
12 | "Capital expenditure minimum" means
$6,000,000, which | ||||||
13 | shall be annually
adjusted to reflect the increase in | ||||||
14 | construction costs due to inflation, for major medical | ||||||
15 | equipment and for all other
capital expenditures; provided, | ||||||
16 | however, that when a capital expenditure is
for the | ||||||
17 | construction or modification of a health and fitness center, | ||||||
18 | "capital
expenditure minimum" means the capital expenditure | ||||||
19 | minimum for all other
capital expenditures in effect on March | ||||||
20 | 1, 2000, which shall be annually
adjusted to reflect the | ||||||
21 | increase in construction costs due to inflation.
| ||||||
22 | "Non-clinical service area" means an area (i) for the | ||||||
23 | benefit of the
patients, visitors, staff, or employees of a | ||||||
24 | health care facility and (ii) not
directly related to the | ||||||
25 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
26 | services from the health care facility. "Non-clinical service | ||||||
27 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
28 | news stands; computer
systems; tunnels, walkways, and | ||||||
29 | elevators; telephone systems; projects to
comply with life | ||||||
30 | safety codes; educational facilities; auditoriums; student | ||||||
31 | housing;
patient, employee, staff, and visitor dining areas; | ||||||
32 | administration and
volunteer offices; modernization of | ||||||
33 | structural components (such as roof
replacement and masonry | ||||||
34 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
35 | storage facilities; parking facilities; mechanical systems for
| ||||||
36 | heating, ventilation, and air conditioning; loading docks; and |
| |||||||
| |||||||
1 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
2 | window coverings or treatments,
or furniture. Solely for the | ||||||
3 | purpose of this definition, "non-clinical service
area" does | ||||||
4 | not include health and fitness centers.
| ||||||
5 | "Areawide" means a major area of the State delineated on a
| ||||||
6 | geographic, demographic, and functional basis for health | ||||||
7 | planning and
for health service and having within it one or | ||||||
8 | more local areas for
health planning and health service. The | ||||||
9 | term "region", as contrasted
with the term "subregion", and the | ||||||
10 | word "area" may be used synonymously
with the term "areawide".
| ||||||
11 | "Local" means a subarea of a delineated major area that on | ||||||
12 | a
geographic, demographic, and functional basis may be | ||||||
13 | considered to be
part of such major area. The term "subregion" | ||||||
14 | may be used synonymously
with the term "local".
| ||||||
15 | "Areawide health planning organization" or "Comprehensive | ||||||
16 | health
planning organization" means the health systems agency | ||||||
17 | designated by the
Secretary, Department of Health and Human | ||||||
18 | Services or any successor agency.
| ||||||
19 | "Local health planning organization" means those local | ||||||
20 | health
planning organizations that are designated as such by | ||||||
21 | the areawide
health planning organization of the appropriate | ||||||
22 | area.
| ||||||
23 | "Physician" means a person licensed to practice in | ||||||
24 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
25 | "Licensed health care professional" means a person | ||||||
26 | licensed to
practice a health profession under pertinent | ||||||
27 | licensing statutes of the
State of Illinois.
| ||||||
28 | "Director" means the Director of the Illinois Department of | ||||||
29 | Public Health.
| ||||||
30 | "Agency" means the Illinois Department of Public Health.
| ||||||
31 | "Comprehensive health planning" means health planning | ||||||
32 | concerned with
the total population and all health and | ||||||
33 | associated problems that affect
the well-being of people and | ||||||
34 | that encompasses health services, health
manpower, and health | ||||||
35 | facilities; and the coordination among these and
with those | ||||||
36 | social, economic, and environmental factors that affect |
| |||||||
| |||||||
1 | health.
| ||||||
2 | "Alternative health care model" means a facility or program | ||||||
3 | authorized
under the Alternative Health Care Delivery Act.
| ||||||
4 | "Out-of-state facility" means a person that is both (i) | ||||||
5 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
6 | the laws of another state
or that
qualifies as a hospital or an | ||||||
7 | ambulatory surgery center under regulations
adopted pursuant | ||||||
8 | to the Social Security Act and (ii) not licensed under the
| ||||||
9 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
10 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
11 | out-of-state facilities shall be
considered out-of-state | ||||||
12 | facilities. Affiliates of Illinois licensed health
care | ||||||
13 | facilities 100% owned by an Illinois licensed health care | ||||||
14 | facility, its
parent, or Illinois physicians licensed to | ||||||
15 | practice medicine in all its
branches shall not be considered | ||||||
16 | out-of-state facilities. Nothing in
this definition shall be
| ||||||
17 | construed to include an office or any part of an office of a | ||||||
18 | physician licensed
to practice medicine in all its branches in | ||||||
19 | Illinois that is not required to be
licensed under the | ||||||
20 | Ambulatory Surgical Treatment Center Act.
| ||||||
21 | "Change of ownership of a health care facility" means a | ||||||
22 | change in the
person
who has ownership or
control of a health | ||||||
23 | care facility's physical plant and capital assets. A change
in | ||||||
24 | ownership is indicated by
the following transactions: sale, | ||||||
25 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
26 | means of
transferring control.
| ||||||
27 | "Related person" means any person that: (i) is at least 50% | ||||||
28 | owned, directly
or indirectly, by
either the health care | ||||||
29 | facility or a person owning, directly or indirectly, at
least | ||||||
30 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
31 | indirectly, at least 50% of the
health care facility.
| ||||||
32 | "Charity care" means care provided by a health care | ||||||
33 | facility for which the provider does not expect to receive | ||||||
34 | payment from the patient or a third-party payer. | ||||||
35 | (Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; | ||||||
36 | 93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; revised 10-25-04.)
|
| |||||||
| |||||||
1 | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
| ||||||
2 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
3 | Sec. 5. After effective dates set by the State Board,
no | ||||||
4 | person shall construct, modify or establish a
health care | ||||||
5 | facility or acquire major medical equipment without first
| ||||||
6 | obtaining a permit or exemption from the State
Board. The State | ||||||
7 | Board shall not delegate to the Executive Secretary of
the | ||||||
8 | State Board or any other person or entity the authority to | ||||||
9 | grant
permits or exemptions whenever the Executive Secretary or | ||||||
10 | other person or
entity would be required to exercise any | ||||||
11 | discretion affecting the decision
to grant a permit or | ||||||
12 | exemption. The State Board shall set effective
dates applicable | ||||||
13 | to all or to
each classification or category of health care | ||||||
14 | facilities and applicable
to all or each type of transaction | ||||||
15 | for which a permit is required.
Varying effective dates may be | ||||||
16 | set, providing the date or dates so set
shall apply uniformly | ||||||
17 | statewide.
| ||||||
18 | Notwithstanding any effective dates established by this | ||||||
19 | Act or by the
State Board, no person shall be required to | ||||||
20 | obtain a permit for any
purpose under this Act until the State | ||||||
21 | health facilities plan referred
to in paragraph (4) of Section | ||||||
22 | 12 of this Act has been approved and
adopted by the State Board | ||||||
23 | subsequent to public hearings having been
held thereon.
| ||||||
24 | A permit or exemption shall be obtained prior to the | ||||||
25 | acquisition
of major medical equipment or to the construction | ||||||
26 | or modification of a
health care facility which:
| ||||||
27 | (a) requires a total capital expenditure in excess of | ||||||
28 | the capital
expenditure
minimum; or
| ||||||
29 | (b) except for the establishment of swing-beds | ||||||
30 | authorized under Title XVIII of the federal Social Security | ||||||
31 | Act, substantially changes the scope or changes the | ||||||
32 | functional operation
of the facility; or
| ||||||
33 | (c) changes the bed capacity of a health care facility | ||||||
34 | by increasing the
total number of beds or by distributing | ||||||
35 | beds among
various categories of service or by relocating |
| |||||||
| |||||||
1 | beds from one physical facility
or site to another by more | ||||||
2 | than 20
10 beds or more than 10% of total bed
capacity as | ||||||
3 | defined by the
State Board, whichever is less, over a 2 | ||||||
4 | year period.
| ||||||
5 | A permit shall be valid only for the defined construction | ||||||
6 | or modifications,
site, amount and person named in the | ||||||
7 | application for such permit and
shall not be transferable or | ||||||
8 | assignable. A permit shall be valid until such
time as the | ||||||
9 | project has been completed,
provided that (a) obligation of the | ||||||
10 | project occurs within 12 months following
issuance of the | ||||||
11 | permit except for major construction projects such obligation
| ||||||
12 | must
occur within 18 months following issuance of the permit; | ||||||
13 | and (b) the project
commences and proceeds to completion with | ||||||
14 | due diligence. Major construction
projects, for the purposes of | ||||||
15 | this Act, shall include but are not limited
to: projects for | ||||||
16 | the construction of new buildings; additions to existing
| ||||||
17 | facilities; modernization projects
whose cost is in excess of | ||||||
18 | $1,000,000 or 10% of the facilities' operating
revenue, | ||||||
19 | whichever is less; and such other projects as the State Board | ||||||
20 | shall
define and prescribe pursuant to this Act. The State | ||||||
21 | Board may extend the
obligation period upon a showing of good | ||||||
22 | cause by the permit holder. Permits
for projects that have not | ||||||
23 | been obligated within the prescribed obligation
period shall | ||||||
24 | expire on the last day of that period.
| ||||||
25 | Persons who otherwise would be required to obtain a permit | ||||||
26 | shall be exempt
from such requirement if the State Board finds | ||||||
27 | that with respect to
establishing
a new facility or | ||||||
28 | construction of new buildings or additions or modifications
to | ||||||
29 | an existing facility, final plans and specifications for such | ||||||
30 | work have
prior to October 1, 1974, been submitted to and | ||||||
31 | approved by the Department
of Public Health in accordance with | ||||||
32 | the requirements of applicable laws.
Such exemptions shall be | ||||||
33 | null and void after December 31, 1979 unless binding
| ||||||
34 | construction contracts were signed prior to December 1, 1979 | ||||||
35 | and unless
construction has commenced prior to December 31, | ||||||
36 | 1979. Such exemptions
shall be valid until such time as the |
| |||||||
| |||||||
1 | project has been completed
provided that the project proceeds | ||||||
2 | to completion with due diligence.
| ||||||
3 | The acquisition by any person of major medical equipment | ||||||
4 | that will not
be owned by or located in a health care facility | ||||||
5 | and that will not be used
to provide services to inpatients of | ||||||
6 | a health care facility shall be exempt
from review provided | ||||||
7 | that a notice is filed in accordance with exemption
| ||||||
8 | requirements.
| ||||||
9 | Notwithstanding any other provision of this Act, no permit | ||||||
10 | or exemption is
required for the construction or modification | ||||||
11 | of a non-clinical service area
of a health care facility.
| ||||||
12 | (Source: P.A. 91-782, eff. 6-9-00 .)
| ||||||
13 | (20 ILCS 3960/19.6)
| ||||||
14 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
15 | Sec. 19.6. Repeal. This Act is repealed on July 1, 2011
| ||||||
16 | 2006 .
| ||||||
17 | (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law. |