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Sen. Bill Brady
Filed: 4/18/2008
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| AMENDMENT TO HOUSE BILL 5017
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| AMENDMENT NO. ______. Amend House Bill 5017 on page 1, line |
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| 5, after "Sections", by inserting "4, 12,"; and
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| on page 1, immediately below line 5, by inserting the |
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| following:
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| "(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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| (Section scheduled to be repealed on August 31, 2008)
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| Sec. 4. Health Facilities Planning Board; membership; |
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| appointment; term;
compensation; quorum. There is created the |
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| Health
Facilities Planning Board, which
shall perform the |
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| functions described in this
Act.
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| The State Board shall consist of 5 voting members. Each |
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| member shall have a reasonable knowledge of health planning, |
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| health finance, or health care at the time of his or her |
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| appointment. No person shall be appointed or continue to serve |
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| as a member of the State Board who is, or whose spouse, parent, |
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| or child is, a member of the Board of Directors of, has a |
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| financial interest in, or has a business relationship with a |
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| health care facility. |
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| Notwithstanding any provision of this Section to the |
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| contrary, the term of
office of each member of the State Board |
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| is abolished on the effective date of
this
amendatory Act of |
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| the 93rd General Assembly and those members no longer hold |
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| office.
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| The State Board shall be appointed by the Governor, with |
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| the advice
and consent of the Senate. Not more than 3 of the
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| appointments shall be of the same political party at the time |
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| of the appointment.
No person shall be appointed as a State |
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| Board member if that person has
served, after the effective |
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| date of Public Act 93-41, 2 3-year terms as a State Board |
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| member, except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Healthcare |
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| and Family Services, and
the Director of Public Health, or |
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| their designated representatives,
shall serve as ex-officio, |
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| non-voting members of the State Board.
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| Of those members initially appointed by the Governor under |
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| this
amendatory Act of the 93rd General Assembly, 2 shall serve |
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| for terms expiring
July 1, 2005, 2 shall serve for terms |
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| expiring July 1, 2006, and 1 shall serve
for a term expiring |
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| July 1, 2007. Thereafter, each
appointed member shall
hold |
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| office for a term of 3 years, provided that any member
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| appointed to fill a vacancy
occurring prior to the expiration |
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| of the
term for which his or her predecessor was appointed |
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| shall be appointed for the
remainder of such term and the term |
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| of office of each successor shall
commence on July 1 of the |
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| year in which his predecessor's term expires. Each
member |
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| appointed after the effective date of this amendatory Act of |
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| the 93rd General Assembly shall hold office until his or her |
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| successor is appointed and qualified.
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| State Board members, while serving on business of the State |
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| Board,
shall receive actual and necessary travel and |
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| subsistence expenses while
so serving away from their places
of |
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| residence.
A member of the State Board who experiences a |
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| significant financial hardship
due to the loss of income on |
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| days of attendance at meetings or while otherwise
engaged in |
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| the business of the State Board may be paid a hardship |
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| allowance, as
determined by and subject to the approval of the |
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| Governor's Travel Control
Board.
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| The Governor shall designate one of the members to serve as |
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| Chairman
and shall name , with the advice and consent of the |
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| General Assembly, as full-time
Executive Secretary of the State
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| Board, a person qualified in health care facility planning and |
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| in
administration. The Agency shall provide administrative and |
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| staff
support for the State Board. The State Board shall advise |
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| the Director
of its budgetary and staff needs and consult with |
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| the Director on annual
budget preparation.
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| The State Board shall meet at least once each quarter, or |
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| as often as
the Chairman of the State Board deems necessary, or |
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| upon the request of
a majority of the members.
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Three members of the State Board shall constitute a |
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| quorum.
The affirmative vote of 3 of the members of the State |
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| Board shall be
necessary for
any action requiring a vote to be |
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| taken by the State
Board. A vacancy in the membership of the |
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| State Board shall not impair the
right of a quorum to exercise |
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| all the rights and perform all the duties of the
State Board as |
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| provided by this Act.
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| A State Board member shall disqualify himself or herself |
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| from the
consideration of any application for a permit or
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| exemption in which the State Board member or the State Board |
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| member's spouse,
parent, or child: (i) has
an economic interest |
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| in the matter; or (ii) is employed by, serves as a
consultant |
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| for, or is a member of the
governing board of the applicant or |
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| a party opposing the application.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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| (Section scheduled to be repealed on August 31, 2008)
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| Sec. 12. Powers and duties of State Board. For purposes of |
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| this Act,
the State Board
shall
exercise the following powers |
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| and duties:
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| (1) Prescribe rules,
regulations, standards, criteria, |
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| procedures or reviews which may vary
according to the purpose |
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| for which a particular review is being conducted
or the type of |
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| project reviewed and which are required to carry out the
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| provisions and purposes of this Act.
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| (2) Adopt procedures for public
notice and hearing on all |
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| proposed rules, regulations, standards,
criteria, and plans |
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| required to carry out the provisions of this Act.
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| (3) Prescribe criteria for
recognition for areawide health |
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| planning organizations, including, but
not limited to, |
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| standards for evaluating the scientific bases for
judgments on |
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| need and procedure for making these determinations.
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| (4) Develop criteria and standards for health care |
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| facilities planning,
conduct statewide inventories of health |
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| care facilities, maintain an updated
inventory on the |
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| Department's web site reflecting the
most recent bed and |
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| service
changes and updated need determinations when new census |
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| data become available
or new need formulae
are adopted,
and
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| develop health care facility plans which shall be utilized in |
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| the review of
applications for permit under
this Act. Such |
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| health facility plans shall be coordinated by the Agency
with |
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| the health care facility plans areawide health planning
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| organizations and with other pertinent State Plans. |
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| Inventories pursuant to this Section of skilled or intermediate |
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| care facilities licensed under the Nursing Home Care Act or |
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| nursing homes licensed under the Hospital Licensing Act shall |
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| be conducted on an annual basis no later than July 1 of each |
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| year and shall include among the information requested a list |
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| of all services provided by a facility to its residents and to |
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| the community at large and differentiate between active and |
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| inactive beds.
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| In developing health care facility plans, the State Board |
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| shall consider,
but shall not be limited to, the following:
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| (a) The size, composition and growth of the population |
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| of the area
to be served;
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| (b) The number of existing and planned facilities |
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| offering similar
programs;
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| (c) The extent of utilization of existing facilities;
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| (d) The availability of facilities which may serve as |
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| alternatives
or substitutes;
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| (e) The availability of personnel necessary to the |
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| operation of the
facility;
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| (f) Multi-institutional planning and the establishment |
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| of
multi-institutional systems where feasible;
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| (g) The financial and economic feasibility of proposed |
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| construction
or modification; and
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| (h) In the case of health care facilities established |
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| by a religious
body or denomination, the needs of the |
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| members of such religious body or
denomination may be |
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| considered to be public need.
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| The health care facility plans which are developed and |
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| adopted in
accordance with this Section shall form the basis |
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| for the plan of the State
to deal most effectively with |
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| statewide health needs in regard to health
care facilities.
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| (5) Coordinate with other state agencies having |
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| responsibilities
affecting health care facilities, including |
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| those of licensure and cost
reporting.
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| (6) Solicit, accept, hold and administer on behalf of the |
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| State
any grants or bequests of money, securities or property |
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| for
use by the State Board or recognized areawide health |
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| planning
organizations in the administration of this Act; and |
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| enter into contracts
consistent with the appropriations for |
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| purposes enumerated in this Act.
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| (7) The State Board shall prescribe, in
consultation with |
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| the recognized
areawide health planning organizations, |
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| procedures for review, standards,
and criteria which shall be |
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| utilized
to make periodic areawide reviews and determinations |
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| of the appropriateness
of any existing health services being |
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| rendered by health care facilities
subject to the Act. The |
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| State Board shall consider recommendations of the
areawide |
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| health planning organization and the Agency in making its
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| determinations.
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| (8) Prescribe, in consultation
with the recognized |
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| areawide health planning organizations, rules, regulations,
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| standards, and criteria for the conduct of an expeditious |
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| review of
applications
for permits for projects of construction |
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| or modification of a health care
facility, which projects are |
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| non-substantive in nature. Such rules shall
not abridge the |
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| right of areawide health planning organizations to make
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| recommendations on the classification and approval of |
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| projects, nor shall
such rules prevent the conduct of a public |
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| hearing upon the timely request
of an interested party. Such |
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| reviews shall not exceed 60 days from the
date the application |
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| is declared to be complete by the Agency.
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| (9) Prescribe rules, regulations,
standards, and criteria |
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| pertaining to the granting of permits for
construction
and |
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| modifications which are emergent in nature and must be |
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| undertaken
immediately to prevent or correct structural |
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| deficiencies or hazardous
conditions that may harm or injure |
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| persons using the facility, as defined
in the rules and |
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| regulations of the State Board. This procedure is exempt
from |
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| public hearing requirements of this Act.
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| (10) Prescribe rules,
regulations, standards and criteria |
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| for the conduct of an expeditious
review, not exceeding 60 |
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| days, of applications for permits for projects to
construct or |
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| modify health care facilities which are needed for the care
and |
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| treatment of persons who have acquired immunodeficiency |
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| syndrome (AIDS)
or related conditions.
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| (11) Create a 3-member rules revision subcommittee, which |
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| shall hold at least 2 rule revision meetings each year. The |
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| rules revision meetings must allow all parties to offer rule |
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| revision suggestions to the subcommittee. The rules revision |
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| subcommittee shall report to the full Board at least annually |
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| with any rule change recommendations. |
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| (12) At least one Board member must be present at any |
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| public hearing during which public testimony is given in |
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| support of or in opposition to a certificate of need or a |
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| certificate of exemption. |