97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2887

 

Introduced 2/1/2012, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3960/3  from Ch. 111 1/2, par. 1153
20 ILCS 3960/12  from Ch. 111 1/2, par. 1162
20 ILCS 3960/13  from Ch. 111 1/2, par. 1163
20 ILCS 3960/14.1

    Amends the Illinois Health Facilities Planning Act. Provides that no facility licensed under the ID/DD Community Care Act shall be subject to the provisions of the Illinois Health Facilities Planning Act. Makes conforming changes to delete references to the ID/DD Community Care Act. Effective immediately.


LRB097 17229 PJG 62429 b

 

 

A BILL FOR

 

SB2887LRB097 17229 PJG 62429 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Sections 3, 12, 13, and 14.1 as follows:
 
6    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 3. Definitions. As used in this Act:
9    "Health care facilities" means and includes the following
10facilities 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        3.5. (Blank) Skilled and intermediate care facilities
19    licensed under the ID/DD Community Care Act;
20        3.7. Facilities licensed under the Specialized Mental
21    Health Rehabilitation Act;
22        4. Hospitals, nursing homes, ambulatory surgical
23    treatment centers, or kidney disease treatment centers

 

 

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1    maintained by the State or any department or agency
2    thereof;
3        5. Kidney disease treatment centers, including a
4    free-standing hemodialysis unit required to be licensed
5    under the End Stage Renal Disease Facility Act;
6        6. An institution, place, building, or room used for
7    the performance of outpatient surgical procedures that is
8    leased, owned, or operated by or on behalf of an
9    out-of-state facility;
10        7. An institution, place, building, or room used for
11    provision of a health care category of service as defined
12    by the Board, including, but not limited to, cardiac
13    catheterization and open heart surgery; and
14        8. An institution, place, building, or room used for
15    provision of major medical equipment used in the direct
16    clinical diagnosis or treatment of patients, and whose
17    project cost is in excess of the capital expenditure
18    minimum.
19    This Act shall not apply to the construction of any new
20facility or the renovation of any existing facility located on
21any campus facility as defined in Section 5-5.8b of the
22Illinois Public Aid Code, provided that the campus facility
23encompasses 30 or more contiguous acres and that the new or
24renovated facility is intended for use by a licensed
25residential facility.
26    No federally owned facility shall be subject to the

 

 

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1provisions of this Act, nor facilities used solely for healing
2by prayer or spiritual means.
3    No facility licensed under the Supportive Residences
4Licensing Act or the Assisted Living and Shared Housing Act
5shall be subject to the provisions of this Act.
6    No facility licensed under the ID/DD Community Care Act
7shall be subject to the provisions of this Act.
8    No facility established and operating under the
9Alternative Health Care Delivery Act as a children's respite
10care center alternative health care model demonstration
11program or as an Alzheimer's Disease Management Center
12alternative health care model demonstration program shall be
13subject to the provisions of this Act.
14    A facility designated as a supportive living facility that
15is in good standing with the program established under Section
165-5.01a of the Illinois Public Aid Code shall not be subject to
17the provisions of this Act.
18    This Act does not apply to facilities granted waivers under
19Section 3-102.2 of the Nursing Home Care Act. However, if a
20demonstration project under that Act applies for a certificate
21of need to convert to a nursing facility, it shall meet the
22licensure and certificate of need requirements in effect as of
23the date of application.
24    This Act does not apply to a dialysis facility that
25provides only dialysis training, support, and related services
26to individuals with end stage renal disease who have elected to

 

 

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1receive home dialysis. This Act does not apply to a dialysis
2unit located in a licensed nursing home that offers or provides
3dialysis-related services to residents with end stage renal
4disease who have elected to receive home dialysis within the
5nursing home. The Board, however, may require these dialysis
6facilities and licensed nursing homes to report statistical
7information on a quarterly basis to the Board to be used by the
8Board to conduct analyses on the need for proposed kidney
9disease treatment centers.
10    This Act shall not apply to the closure of an entity or a
11portion of an entity licensed under the Nursing Home Care Act
12or , the Specialized Mental Health Rehabilitation Act, or the
13MR/DD Community Care Act, with the exceptions of facilities
14operated by a county or Illinois Veterans Homes, that elects to
15convert, in whole or in part, to an assisted living or shared
16housing establishment licensed under the Assisted Living and
17Shared Housing Act.
18    This Act does not apply to any change of ownership of a
19healthcare facility that is licensed under the Nursing Home
20Care Act or , the Specialized Mental Health Rehabilitation Act,
21or the ID/DD Community Care Act, with the exceptions of
22facilities operated by a county or Illinois Veterans Homes.
23Changes of ownership of facilities licensed under the Nursing
24Home Care Act must meet the requirements set forth in Sections
253-101 through 3-119 of the Nursing Home Care Act.
26    With the exception of those health care facilities

 

 

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1specifically included in this Section, nothing in this Act
2shall be intended to include facilities operated as a part of
3the practice of a physician or other licensed health care
4professional, whether practicing in his individual capacity or
5within the legal structure of any partnership, medical or
6professional corporation, or unincorporated medical or
7professional group. Further, this Act shall not apply to
8physicians or other licensed health care professional's
9practices where such practices are carried out in a portion of
10a health care facility under contract with such health care
11facility by a physician or by other licensed health care
12professionals, whether practicing in his individual capacity
13or within the legal structure of any partnership, medical or
14professional corporation, or unincorporated medical or
15professional groups. This Act shall apply to construction or
16modification and to establishment by such health care facility
17of such contracted portion which is subject to facility
18licensing requirements, irrespective of the party responsible
19for such action or attendant financial obligation.
20    "Person" means any one or more natural persons, legal
21entities, governmental bodies other than federal, or any
22combination thereof.
23    "Consumer" means any person other than a person (a) whose
24major occupation currently involves or whose official capacity
25within the last 12 months has involved the providing,
26administering or financing of any type of health care facility,

 

 

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1(b) who is engaged in health research or the teaching of
2health, (c) who has a material financial interest in any
3activity which involves the providing, administering or
4financing of any type of health care facility, or (d) who is or
5ever has been a member of the immediate family of the person
6defined by (a), (b), or (c).
7    "State Board" or "Board" means the Health Facilities and
8Services Review Board.
9    "Construction or modification" means the establishment,
10erection, building, alteration, reconstruction, modernization,
11improvement, extension, discontinuation, change of ownership,
12of or by a health care facility, or the purchase or acquisition
13by or through a health care facility of equipment or service
14for diagnostic or therapeutic purposes or for facility
15administration or operation, or any capital expenditure made by
16or on behalf of a health care facility which exceeds the
17capital expenditure minimum; however, any capital expenditure
18made by or on behalf of a health care facility for (i) the
19construction or modification of a facility licensed under the
20Assisted Living and Shared Housing Act or (ii) a conversion
21project undertaken in accordance with Section 30 of the Older
22Adult Services Act shall be excluded from any obligations under
23this Act.
24    "Establish" means the construction of a health care
25facility or the replacement of an existing facility on another
26site or the initiation of a category of service as defined by

 

 

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1the Board.
2    "Major medical equipment" means medical equipment which is
3used for the provision of medical and other health services and
4which costs in excess of the capital expenditure minimum,
5except that such term does not include medical equipment
6acquired by or on behalf of a clinical laboratory to provide
7clinical laboratory services if the clinical laboratory is
8independent of a physician's office and a hospital and it has
9been determined under Title XVIII of the Social Security Act to
10meet the requirements of paragraphs (10) and (11) of Section
111861(s) of such Act. In determining whether medical equipment
12has a value in excess of the capital expenditure minimum, the
13value of studies, surveys, designs, plans, working drawings,
14specifications, and other activities essential to the
15acquisition of such equipment shall be included.
16    "Capital Expenditure" means an expenditure: (A) made by or
17on behalf of a health care facility (as such a facility is
18defined in this Act); and (B) which under generally accepted
19accounting principles is not properly chargeable as an expense
20of operation and maintenance, or is made to obtain by lease or
21comparable arrangement any facility or part thereof or any
22equipment for a facility or part; and which exceeds the capital
23expenditure minimum.
24    For the purpose of this paragraph, the cost of any studies,
25surveys, designs, plans, working drawings, specifications, and
26other activities essential to the acquisition, improvement,

 

 

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1expansion, or replacement of any plant or equipment with
2respect to which an expenditure is made shall be included in
3determining if such expenditure exceeds the capital
4expenditures minimum. Unless otherwise interdependent, or
5submitted as one project by the applicant, components of
6construction or modification undertaken by means of a single
7construction contract or financed through the issuance of a
8single debt instrument shall not be grouped together as one
9project. Donations of equipment or facilities to a health care
10facility which if acquired directly by such facility would be
11subject to review under this Act shall be considered capital
12expenditures, and a transfer of equipment or facilities for
13less than fair market value shall be considered a capital
14expenditure for purposes of this Act if a transfer of the
15equipment or facilities at fair market value would be subject
16to review.
17    "Capital expenditure minimum" means $11,500,000 for
18projects by hospital applicants, $6,500,000 for applicants for
19projects related to skilled and intermediate care long-term
20care facilities licensed under the Nursing Home Care Act, and
21$3,000,000 for projects by all other applicants, which shall be
22annually adjusted to reflect the increase in construction costs
23due to inflation, for major medical equipment and for all other
24capital expenditures.
25    "Non-clinical service area" means an area (i) for the
26benefit of the patients, visitors, staff, or employees of a

 

 

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1health care facility and (ii) not directly related to the
2diagnosis, treatment, or rehabilitation of persons receiving
3services from the health care facility. "Non-clinical service
4areas" include, but are not limited to, chapels; gift shops;
5news stands; computer systems; tunnels, walkways, and
6elevators; telephone systems; projects to comply with life
7safety codes; educational facilities; student housing;
8patient, employee, staff, and visitor dining areas;
9administration and volunteer offices; modernization of
10structural components (such as roof replacement and masonry
11work); boiler repair or replacement; vehicle maintenance and
12storage facilities; parking facilities; mechanical systems for
13heating, ventilation, and air conditioning; loading docks; and
14repair or replacement of carpeting, tile, wall coverings,
15window coverings or treatments, or furniture. Solely for the
16purpose of this definition, "non-clinical service area" does
17not include health and fitness centers.
18    "Areawide" means a major area of the State delineated on a
19geographic, demographic, and functional basis for health
20planning and for health service and having within it one or
21more local areas for health planning and health service. The
22term "region", as contrasted with the term "subregion", and the
23word "area" may be used synonymously with the term "areawide".
24    "Local" means a subarea of a delineated major area that on
25a geographic, demographic, and functional basis may be
26considered to be part of such major area. The term "subregion"

 

 

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1may be used synonymously with the term "local".
2    "Physician" means a person licensed to practice in
3accordance with the Medical Practice Act of 1987, as amended.
4    "Licensed health care professional" means a person
5licensed to practice a health profession under pertinent
6licensing statutes of the State of Illinois.
7    "Director" means the Director of the Illinois Department of
8Public Health.
9    "Agency" means the Illinois Department of Public Health.
10    "Alternative health care model" means a facility or program
11authorized under the Alternative Health Care Delivery Act.
12    "Out-of-state facility" means a person that is both (i)
13licensed as a hospital or as an ambulatory surgery center under
14the laws of another state or that qualifies as a hospital or an
15ambulatory surgery center under regulations adopted pursuant
16to the Social Security Act and (ii) not licensed under the
17Ambulatory Surgical Treatment Center Act, the Hospital
18Licensing Act, or the Nursing Home Care Act. Affiliates of
19out-of-state facilities shall be considered out-of-state
20facilities. Affiliates of Illinois licensed health care
21facilities 100% owned by an Illinois licensed health care
22facility, its parent, or Illinois physicians licensed to
23practice medicine in all its branches shall not be considered
24out-of-state facilities. Nothing in this definition shall be
25construed to include an office or any part of an office of a
26physician licensed to practice medicine in all its branches in

 

 

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1Illinois that is not required to be licensed under the
2Ambulatory Surgical Treatment Center Act.
3    "Change of ownership of a health care facility" means a
4change in the person who has ownership or control of a health
5care facility's physical plant and capital assets. A change in
6ownership is indicated by the following transactions: sale,
7transfer, acquisition, lease, change of sponsorship, or other
8means of transferring control.
9    "Related person" means any person that: (i) is at least 50%
10owned, directly or indirectly, by either the health care
11facility or a person owning, directly or indirectly, at least
1250% of the health care facility; or (ii) owns, directly or
13indirectly, at least 50% of the health care facility.
14    "Charity care" means care provided by a health care
15facility for which the provider does not expect to receive
16payment from the patient or a third-party payer.
17    "Freestanding emergency center" means a facility subject
18to licensure under Section 32.5 of the Emergency Medical
19Services (EMS) Systems Act.
20(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
2196-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12;
22revised 9-7-11.)
 
23    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
24    (Section scheduled to be repealed on December 31, 2019)
25    Sec. 12. Powers and duties of State Board. For purposes of

 

 

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1this Act, the State Board shall exercise the following powers
2and duties:
3    (1) Prescribe rules, regulations, standards, criteria,
4procedures or reviews which may vary according to the purpose
5for which a particular review is being conducted or the type of
6project reviewed and which are required to carry out the
7provisions and purposes of this Act. Policies and procedures of
8the State Board shall take into consideration the priorities
9and needs of medically underserved areas and other health care
10services identified through the comprehensive health planning
11process, giving special consideration to the impact of projects
12on access to safety net services.
13    (2) Adopt procedures for public notice and hearing on all
14proposed rules, regulations, standards, criteria, and plans
15required to carry out the provisions of this Act.
16    (3) (Blank).
17    (4) Develop criteria and standards for health care
18facilities planning, conduct statewide inventories of health
19care facilities, maintain an updated inventory on the Board's
20web site reflecting the most recent bed and service changes and
21updated need determinations when new census data become
22available or new need formulae are adopted, and develop health
23care facility plans which shall be utilized in the review of
24applications for permit under this Act. Such health facility
25plans shall be coordinated by the Board with pertinent State
26Plans. Inventories pursuant to this Section of skilled or

 

 

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1intermediate care facilities licensed under the Nursing Home
2Care Act, skilled or intermediate care facilities licensed
3under the ID/DD Community Care Act, facilities licensed under
4the Specialized Mental Health Rehabilitation Act, or nursing
5homes licensed under the Hospital Licensing Act shall be
6conducted on an annual basis no later than July 1 of each year
7and shall include among the information requested a list of all
8services provided by a facility to its residents and to the
9community at large and differentiate between active and
10inactive beds.
11    In developing health care facility plans, the State Board
12shall consider, but shall not be limited to, the following:
13        (a) The size, composition and growth of the population
14    of the area to be served;
15        (b) The number of existing and planned facilities
16    offering similar programs;
17        (c) The extent of utilization of existing facilities;
18        (d) The availability of facilities which may serve as
19    alternatives or substitutes;
20        (e) The availability of personnel necessary to the
21    operation of the facility;
22        (f) Multi-institutional planning and the establishment
23    of multi-institutional systems where feasible;
24        (g) The financial and economic feasibility of proposed
25    construction or modification; and
26        (h) In the case of health care facilities established

 

 

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1    by a religious body or denomination, the needs of the
2    members of such religious body or denomination may be
3    considered to be public need.
4    The health care facility plans which are developed and
5adopted in accordance with this Section shall form the basis
6for the plan of the State to deal most effectively with
7statewide health needs in regard to health care facilities.
8    (5) Coordinate with the Center for Comprehensive Health
9Planning and other state agencies having responsibilities
10affecting health care facilities, including those of licensure
11and cost reporting.
12    (6) Solicit, accept, hold and administer on behalf of the
13State any grants or bequests of money, securities or property
14for use by the State Board or Center for Comprehensive Health
15Planning in the administration of this Act; and enter into
16contracts consistent with the appropriations for purposes
17enumerated in this Act.
18    (7) The State Board shall prescribe procedures for review,
19standards, and criteria which shall be utilized to make
20periodic reviews and determinations of the appropriateness of
21any existing health services being rendered by health care
22facilities subject to the Act. The State Board shall consider
23recommendations of the Board in making its determinations.
24    (8) Prescribe, in consultation with the Center for
25Comprehensive Health Planning, rules, regulations, standards,
26and criteria for the conduct of an expeditious review of

 

 

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1applications for permits for projects of construction or
2modification of a health care facility, which projects are
3classified as emergency, substantive, or non-substantive in
4nature.
5    Six months after June 30, 2009 (the effective date of
6Public Act 96-31), substantive projects shall include no more
7than the following:
8        (a) Projects to construct (1) a new or replacement
9    facility located on a new site or (2) a replacement
10    facility located on the same site as the original facility
11    and the cost of the replacement facility exceeds the
12    capital expenditure minimum;
13        (b) Projects proposing a (1) new service or (2)
14    discontinuation of a service, which shall be reviewed by
15    the Board within 60 days; or
16        (c) Projects proposing a change in the bed capacity of
17    a health care facility by an increase in the total number
18    of beds or by a redistribution of beds among various
19    categories of service or by a relocation of beds from one
20    physical facility or site to another by more than 20 beds
21    or more than 10% of total bed capacity, as defined by the
22    State Board, whichever is less, over a 2-year period.
23    The Chairman may approve applications for exemption that
24meet the criteria set forth in rules or refer them to the full
25Board. The Chairman may approve any unopposed application that
26meets all of the review criteria or refer them to the full

 

 

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1Board.
2    Such rules shall not abridge the right of the Center for
3Comprehensive Health Planning to make recommendations on the
4classification and approval of projects, nor shall such rules
5prevent the conduct of a public hearing upon the timely request
6of an interested party. Such reviews shall not exceed 60 days
7from the date the application is declared to be complete.
8    (9) Prescribe rules, regulations, standards, and criteria
9pertaining to the granting of permits for construction and
10modifications which are emergent in nature and must be
11undertaken immediately to prevent or correct structural
12deficiencies or hazardous conditions that may harm or injure
13persons using the facility, as defined in the rules and
14regulations of the State Board. This procedure is exempt from
15public hearing requirements of this Act.
16    (10) Prescribe rules, regulations, standards and criteria
17for the conduct of an expeditious review, not exceeding 60
18days, of applications for permits for projects to construct or
19modify health care facilities which are needed for the care and
20treatment of persons who have acquired immunodeficiency
21syndrome (AIDS) or related conditions.
22    (11) Issue written decisions upon request of the applicant
23or an adversely affected party to the Board within 30 days of
24the meeting in which a final decision has been made. A "final
25decision" for purposes of this Act is the decision to approve
26or deny an application, or take other actions permitted under

 

 

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1this Act, at the time and date of the meeting that such action
2is scheduled by the Board. The staff of the State Board shall
3prepare a written copy of the final decision and the State
4Board shall approve a final copy for inclusion in the formal
5record.
6    (12) Require at least one of its members to participate in
7any public hearing, after the appointment of the 9 members to
8the Board.
9    (13) Provide a mechanism for the public to comment on, and
10request changes to, draft rules and standards.
11    (14) Implement public information campaigns to regularly
12inform the general public about the opportunity for public
13hearings and public hearing procedures.
14    (15) Establish a separate set of rules and guidelines for
15long-term care that recognizes that nursing homes are a
16different business line and service model from other regulated
17facilities. An open and transparent process shall be developed
18that considers the following: how skilled nursing fits in the
19continuum of care with other care providers, modernization of
20nursing homes, establishment of more private rooms,
21development of alternative services, and current trends in
22long-term care services. The Chairman of the Board shall
23appoint a permanent Health Services Review Board Long-term Care
24Facility Advisory Subcommittee that shall develop and
25recommend to the Board the rules to be established by the Board
26under this paragraph (15). The Subcommittee shall also provide

 

 

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1continuous review and commentary on policies and procedures
2relative to long-term care and the review of related projects.
3In consultation with other experts from the health field of
4long-term care, the Board and the Subcommittee shall study new
5approaches to the current bed need formula and Health Service
6Area boundaries to encourage flexibility and innovation in
7design models reflective of the changing long-term care
8marketplace and consumer preferences. The Board shall file the
9proposed related administrative rules for the separate rules
10and guidelines for long-term care required by this paragraph
11(15) by September 1, 2010. The Subcommittee shall be provided a
12reasonable and timely opportunity to review and comment on any
13review, revision, or updating of the criteria, standards,
14procedures, and rules used to evaluate project applications as
15provided under Section 12.3 of this Act prior to approval by
16the Board and promulgation of related rules.
17(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
1896-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
19revised 9-7-11.)
 
20    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
21    (Section scheduled to be repealed on December 31, 2019)
22    Sec. 13. Investigation of applications for permits and
23certificates of recognition. The Agency or the State Board
24shall make or cause to be made such investigations as it or the
25State Board deems necessary in connection with an application

 

 

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1for a permit or an application for a certificate of
2recognition, or in connection with a determination of whether
3or not construction or modification which has been commenced is
4in accord with the permit issued by the State Board or whether
5construction or modification has been commenced without a
6permit having been obtained. The State Board may issue
7subpoenas duces tecum requiring the production of records and
8may administer oaths to such witnesses.
9    Any circuit court of this State, upon the application of
10the State Board or upon the application of any party to such
11proceedings, may, in its discretion, compel the attendance of
12witnesses, the production of books, papers, records, or
13memoranda and the giving of testimony before the State Board,
14by a proceeding as for contempt, or otherwise, in the same
15manner as production of evidence may be compelled before the
16court.
17    The State Board shall require all health facilities
18operating in this State to provide such reasonable reports at
19such times and containing such information as is needed by it
20to carry out the purposes and provisions of this Act. Prior to
21collecting information from health facilities, the State Board
22shall make reasonable efforts through a public process to
23consult with health facilities and associations that represent
24them to determine whether data and information requests will
25result in useful information for health planning, whether
26sufficient information is available from other sources, and

 

 

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1whether data requested is routinely collected by health
2facilities and is available without retrospective record
3review. Data and information requests shall not impose undue
4paperwork burdens on health care facilities and personnel.
5Health facilities not complying with this requirement shall be
6reported to licensing, accrediting, certifying, or payment
7agencies as being in violation of State law. Health care
8facilities and other parties at interest shall have reasonable
9access, under rules established by the State Board, to all
10planning information submitted in accord with this Act
11pertaining to their area.
12    Among the reports to be required by the State Board are
13facility questionnaires for health care facilities licensed
14under the Ambulatory Surgical Treatment Center Act, the
15Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
16Community Care Act, the Specialized Mental Health
17Rehabilitation Act, or the End Stage Renal Disease Facility
18Act. These questionnaires shall be conducted on an annual basis
19and compiled by the Agency. For health care facilities licensed
20under the Nursing Home Care Act or , the Specialized Mental
21Health Rehabilitation Act, or the ID/DD Community Care Act,
22these reports shall include, but not be limited to, the
23identification of specialty services provided by the facility
24to patients, residents, and the community at large. For health
25care facilities that contain long term care beds, the reports
26shall also include the number of staffed long term care beds,

 

 

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1physical capacity for long term care beds at the facility, and
2long term care beds available for immediate occupancy. For
3purposes of this paragraph, "long term care beds" means beds
4(i) licensed under the Nursing Home Care Act, (ii) licensed
5under the ID/DD Community Care Act, (iii) licensed under the
6Hospital Licensing Act, or (iii) (iv) licensed under the
7Specialized Mental Health Rehabilitation Act and certified as
8skilled nursing or nursing facility beds under Medicaid or
9Medicare.
10(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
11eff. 1-1-12; revised 9-7-11.)
 
12    (20 ILCS 3960/14.1)
13    Sec. 14.1. Denial of permit; other sanctions.
14    (a) The State Board may deny an application for a permit or
15may revoke or take other action as permitted by this Act with
16regard to a permit as the State Board deems appropriate,
17including the imposition of fines as set forth in this Section,
18for any one or a combination of the following:
19        (1) The acquisition of major medical equipment without
20    a permit or in violation of the terms of a permit.
21        (2) The establishment, construction, or modification
22    of a health care facility without a permit or in violation
23    of the terms of a permit.
24        (3) The violation of any provision of this Act or any
25    rule adopted under this Act.

 

 

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1        (4) The failure, by any person subject to this Act, to
2    provide information requested by the State Board or Agency
3    within 30 days after a formal written request for the
4    information.
5        (5) The failure to pay any fine imposed under this
6    Section within 30 days of its imposition.
7    (a-5) For facilities licensed under the ID/DD Community
8Care Act, no permit shall be denied on the basis of prior
9operator history, other than for actions specified under item
10(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
11Act. For facilities licensed under the Specialized Mental
12Health Rehabilitation Act, no permit shall be denied on the
13basis of prior operator history, other than for actions
14specified under item (2), (4), or (5) of Section 3-117 of the
15Specialized Mental Health Rehabilitation Act. For facilities
16licensed under the Nursing Home Care Act, no permit shall be
17denied on the basis of prior operator history, other than for:
18(i) actions specified under item (2), (3), (4), (5), or (6) of
19Section 3-117 of the Nursing Home Care Act; (ii) actions
20specified under item (a)(6) of Section 3-119 of the Nursing
21Home Care Act; or (iii) actions within the preceding 5 years
22constituting a substantial and repeated failure to comply with
23the Nursing Home Care Act or the rules and regulations adopted
24by the Department under that Act. The State Board shall not
25deny a permit on account of any action described in this
26subsection (a-5) without also considering all such actions in

 

 

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1the light of all relevant information available to the State
2Board, including whether the permit is sought to substantially
3comply with a mandatory or voluntary plan of correction
4associated with any action described in this subsection (a-5).
5    (b) Persons shall be subject to fines as follows:
6        (1) A permit holder who fails to comply with the
7    requirements of maintaining a valid permit shall be fined
8    an amount not to exceed 1% of the approved permit amount
9    plus an additional 1% of the approved permit amount for
10    each 30-day period, or fraction thereof, that the violation
11    continues.
12        (2) A permit holder who alters the scope of an approved
13    project or whose project costs exceed the allowable permit
14    amount without first obtaining approval from the State
15    Board shall be fined an amount not to exceed the sum of (i)
16    the lesser of $25,000 or 2% of the approved permit amount
17    and (ii) in those cases where the approved permit amount is
18    exceeded by more than $1,000,000, an additional $20,000 for
19    each $1,000,000, or fraction thereof, in excess of the
20    approved permit amount.
21        (3) A person who acquires major medical equipment or
22    who establishes a category of service without first
23    obtaining a permit or exemption, as the case may be, shall
24    be fined an amount not to exceed $10,000 for each such
25    acquisition or category of service established plus an
26    additional $10,000 for each 30-day period, or fraction

 

 

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1    thereof, that the violation continues.
2        (4) A person who constructs, modifies, or establishes a
3    health care facility without first obtaining a permit shall
4    be fined an amount not to exceed $25,000 plus an additional
5    $25,000 for each 30-day period, or fraction thereof, that
6    the violation continues.
7        (5) A person who discontinues a health care facility or
8    a category of service without first obtaining a permit
9    shall be fined an amount not to exceed $10,000 plus an
10    additional $10,000 for each 30-day period, or fraction
11    thereof, that the violation continues. For purposes of this
12    subparagraph (5), facilities licensed under the Nursing
13    Home Care Act or the ID/DD Community Care Act, with the
14    exceptions of facilities operated by a county or Illinois
15    Veterans Homes, are exempt from this permit requirement.
16    However, facilities licensed under the Nursing Home Care
17    Act or the ID/DD Community Care Act must comply with
18    Section 3-423 of the Nursing Home Care Act or Section 3-423
19    of the ID/DD Community Care Act and must provide the Board
20    with 30-days' written notice of its intent to close.
21        (6) A person subject to this Act who fails to provide
22    information requested by the State Board or Agency within
23    30 days of a formal written request shall be fined an
24    amount not to exceed $1,000 plus an additional $1,000 for
25    each 30-day period, or fraction thereof, that the
26    information is not received by the State Board or Agency.

 

 

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1    (c) Before imposing any fine authorized under this Section,
2the State Board shall afford the person or permit holder, as
3the case may be, an appearance before the State Board and an
4opportunity for a hearing before a hearing officer appointed by
5the State Board. The hearing shall be conducted in accordance
6with Section 10.
7    (d) All fines collected under this Act shall be transmitted
8to the State Treasurer, who shall deposit them into the
9Illinois Health Facilities Planning Fund.
10(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10;
1197-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.