Illinois General Assembly - Full Text of SB1332
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Full Text of SB1332  93rd General Assembly

SB1332enr 93rd General Assembly


SB1332 Enrolled                      LRB093 09788 AMC 10033 b

 1        AN ACT concerning health facilities.

 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, 4, 5.3, 6, 10, 12, 12.2, 13,
 6    and 19.6 and by adding Section 12.3 as follows:

 7        (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
 8        (Section scheduled to be repealed on July 1, 2003)
 9        Sec. 3.  Definitions.  As used in this Act:
10        "Health care facilities" means and includes the following
11    facilities and organizations:
12             1.  An ambulatory surgical treatment center required
13        to  be  licensed  pursuant  to  the  Ambulatory  Surgical
14        Treatment Center Act;
15             2.  An  institution,  place,  building,  or   agency
16        required   to   be  licensed  pursuant  to  the  Hospital
17        Licensing Act;
18             3.  Skilled  and   intermediate   long   term   care
19        facilities licensed under the Nursing Home Care Act;
20             3.  Skilled   and   intermediate   long   term  care
21        facilities licensed under the Nursing Home Care Act;
22             4.  Hospitals, nursing  homes,  ambulatory  surgical
23        treatment  centers,  or  kidney disease treatment centers
24        maintained by the  State  or  any  department  or  agency
25        thereof;
26             5.  Kidney  disease  treatment  centers, including a
27        free-standing hemodialysis unit; and
28             6.  An institution, place, building,  or  room  used
29        for  the  performance  of  outpatient surgical procedures
30        that is leased, owned, or operated by or on behalf of  an
31        out-of-state facility.
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 1        No  federally  owned  facility  shall  be  subject to the
 2    provisions of  this  Act,  nor  facilities  used  solely  for
 3    healing by prayer or spiritual means.
 4        No  facility  licensed  under  the  Supportive Residences
 5    Licensing Act or the Assisted Living and Shared  Housing  Act
 6    shall be subject to the provisions of this Act.
 7        A  facility  designated  as  a supportive living facility
 8    that is in  good  standing  with  the  demonstration  project
 9    established  under Section 5-5.01a of the Illinois Public Aid
10    Code shall not be subject to the provisions of this Act.
11        This Act does not apply  to  facilities  granted  waivers
12    under Section 3-102.2 of the Nursing Home Care Act.  However,
13    if  a  demonstration  project  under  that  Act applies for a
14    certificate of need to convert  to  a  nursing  facility,  it
15    shall meet the licensure and certificate of need requirements
16    in effect as of the date of application.
17        This Act shall not apply to the closure of an entity or a
18    portion of an entity licensed under the Nursing Home Care Act
19    that  elects  to convert, in whole or in part, to an assisted
20    living or shared housing  establishment  licensed  under  the
21    Assisted Living and Shared Housing Establishment Act.
22        With  the  exception  of  those  health  care  facilities
23    specifically  included  in  this Section, nothing in this Act
24    shall be intended to include facilities operated as a part of
25    the practice of a physician or  other  licensed  health  care
26    professional,  whether  practicing in his individual capacity
27    or within the legal structure of any partnership, medical  or
28    professional   corporation,   or  unincorporated  medical  or
29    professional group. Further, this  Act  shall  not  apply  to
30    physicians  or  other  licensed  health  care  professional's
31    practices  where  such practices are carried out in a portion
32    of a health care facility under  contract  with  such  health
33    care facility by a physician or by other licensed health care
34    professionals,  whether practicing in his individual capacity
SB1332 Enrolled            -3-       LRB093 09788 AMC 10033 b
 1    or within the legal structure of any partnership, medical  or
 2    professional   corporation,   or  unincorporated  medical  or
 3    professional groups.  This Act shall apply to construction or
 4    modification  and  to  establishment  by  such  health   care
 5    facility  of  such  contracted  portion  which  is subject to
 6    facility licensing requirements, irrespective  of  the  party
 7    responsible   for   such   action   or   attendant  financial
 8    obligation.
 9        "Person" means any one or  more  natural  persons,  legal
10    entities,  governmental  bodies  other  than  federal, or any
11    combination thereof.
12        "Consumer" means any person other than a person (a) whose
13    major  occupation  currently  involves  or   whose   official
14    capacity   within   the  last  12  months  has  involved  the
15    providing, administering or financing of any type  of  health
16    care  facility,  (b) who is engaged in health research or the
17    teaching of health, (c) who has a material financial interest
18    in any activity which involves the  providing,  administering
19    or  financing of any type of health care facility, or (d) who
20    is or ever has been a member of the immediate family  of  the
21    person defined by (a), (b), or (c).
22        "State Board" means the Health Facilities Planning Board.
23        "Construction  or  modification" means the establishment,
24    erection,     building,      alteration,      reconstruction,
25    modernization,   improvement,   extension,   discontinuation,
26    change  of ownership, of or by a health care facility, or the
27    purchase or acquisition by or through a health care  facility
28    of   equipment  or  service  for  diagnostic  or  therapeutic
29    purposes or for facility administration or operation, or  any
30    capital  expenditure  made  by  or on behalf of a health care
31    facility  which  exceeds  the  capital  expenditure  minimum;
32    however, any capital expenditure made by or on  behalf  of  a
33    health  care facility for the construction or modification of
34    a facility licensed under  the  Assisted  Living  and  Shared
SB1332 Enrolled            -4-       LRB093 09788 AMC 10033 b
 1    Housing Act shall be excluded from any obligations under this
 2    Act.
 3        "Establish"  means  the  construction  of  a  health care
 4    facility or  the  replacement  of  an  existing  facility  on
 5    another site.
 6        "Major  medical  equipment" means medical equipment which
 7    is used  for  the  provision  of  medical  and  other  health
 8    services and which costs in excess of the capital expenditure
 9    minimum,  except  that  such  term  does  not include medical
10    equipment acquired by or on behalf of a  clinical  laboratory
11    to  provide  clinical  laboratory  services  if  the clinical
12    laboratory is independent  of  a  physician's  office  and  a
13    hospital  and it has been determined under Title XVIII of the
14    Social Security Act to meet the  requirements  of  paragraphs
15    (10) and (11) of Section 1861(s) of such Act.  In determining
16    whether  medical  equipment  has  a  value  in  excess of the
17    capital expenditure minimum, the value of  studies,  surveys,
18    designs,  plans,  working drawings, specifications, and other
19    activities essential to the  acquisition  of  such  equipment
20    shall be included.
21        "Capital  Expenditure" means an expenditure:  (A) made by
22    or on behalf of a health care facility (as such a facility is
23    defined in this Act); and (B) which under generally  accepted
24    accounting  principles  is  not  properly  chargeable  as  an
25    expense of operation and maintenance, or is made to obtain by
26    lease  or comparable arrangement any facility or part thereof
27    or any equipment for a facility or part;  and  which  exceeds
28    the capital expenditure minimum.
29        For  the  purpose  of  this  paragraph,  the  cost of any
30    studies,   surveys,   designs,   plans,   working   drawings,
31    specifications,  and  other  activities  essential   to   the
32    acquisition,  improvement,  expansion,  or replacement of any
33    plant or equipment with respect to which  an  expenditure  is
34    made  shall  be  included  in determining if such expenditure
SB1332 Enrolled            -5-       LRB093 09788 AMC 10033 b
 1    exceeds  the  capital  expenditures  minimum.  Donations   of
 2    equipment  or  facilities  to a health care facility which if
 3    acquired directly by such facility would be subject to review
 4    under this Act shall be considered capital expenditures,  and
 5    a  transfer  of  equipment  or  facilities for less than fair
 6    market value shall be considered a  capital  expenditure  for
 7    purposes  of  this  Act  if  a  transfer  of the equipment or
 8    facilities at fair market value would be subject to review.
 9        "Capital expenditure  minimum"  means  $6,000,000,  which
10    shall  be  annually  adjusted  to  reflect  the  increase  in
11    construction  costs  due  to  inflation,  for  major  medical
12    equipment  and  for all other capital expenditures; provided,
13    however,  that  when  a  capital  expenditure  is   for   the
14    construction  or modification of a health and fitness center,
15    "capital expenditure minimum" means the  capital  expenditure
16    minimum for all other capital expenditures in effect on March
17    1,  2000,  which  shall  be  annually adjusted to reflect the
18    increase in construction costs due to inflation.
19        "Non-clinical service area" means an  area  (i)  for  the
20    benefit  of  the patients, visitors, staff, or employees of a
21    health care facility and (ii) not  directly  related  to  the
22    diagnosis,  treatment, or rehabilitation of persons receiving
23    services  from  the  health  care  facility.    "Non-clinical
24    service areas" include, but are not limited to, chapels; gift
25    shops;  news stands; computer systems; tunnels, walkways, and
26    elevators; telephone systems; projects to  comply  with  life
27    safety   codes;   educational  facilities;  student  housing;
28    patient,  employee,  staff,   and   visitor   dining   areas;
29    administration   and   volunteer  offices;  modernization  of
30    structural components (such as roof replacement  and  masonry
31    work);  boiler repair or replacement; vehicle maintenance and
32    storage facilities; parking  facilities;  mechanical  systems
33    for  heating,  ventilation,  and  air  conditioning;  loading
34    docks;  and  repair  or  replacement of carpeting, tile, wall
SB1332 Enrolled            -6-       LRB093 09788 AMC 10033 b
 1    coverings, window  coverings  or  treatments,  or  furniture.
 2    Solely  for  the  purpose  of  this definition, "non-clinical
 3    service area" does not include health and fitness centers.
 4        "Areawide" means a major area of the State delineated  on
 5    a  geographic,  demographic,  and functional basis for health
 6    planning and for health service and having within it  one  or
 7    more local areas for health planning and health service.  The
 8    term  "region",  as contrasted with the term "subregion", and
 9    the word "area"  may  be  used  synonymously  with  the  term
10    "areawide".
11        "Local"  means  a subarea of a delineated major area that
12    on a geographic, demographic, and  functional  basis  may  be
13    considered   to  be  part  of  such  major  area.   The  term
14    "subregion" 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
29    of 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
SB1332 Enrolled            -7-       LRB093 09788 AMC 10033 b
 1    facilities;  and  the coordination among these and with those
 2    social,  economic,  and  environmental  factors  that  affect
 3    health.
 4        "Alternative health  care  model"  means  a  facility  or
 5    program authorized under the Alternative Health Care Delivery
 6    Act.
 7        "Out-of-state  facility"  means a person that is both (i)
 8    licensed as a hospital or as  an  ambulatory  surgery  center
 9    under  the  laws  of  another  state  or  that qualifies as a
10    hospital or an ambulatory surgery  center  under  regulations
11    adopted  pursuant  to  the  Social  Security Act and (ii) not
12    licensed under the Ambulatory Surgical Treatment Center  Act,
13    the  Hospital  Licensing  Act,  or the Nursing Home Care Act.
14    Affiliates of out-of-state  facilities  shall  be  considered
15    out-of-state  facilities.   Affiliates  of  Illinois licensed
16    health care facilities 100% owned  by  an  Illinois  licensed
17    health  care  facility,  its  parent,  or Illinois physicians
18    licensed to practice medicine in all its branches  shall  not
19    be  considered  out-of-state  facilities.   Nothing  in  this
20    definition  shall  be  construed  to include an office or any
21    part of  an  office  of  a  physician  licensed  to  practice
22    medicine in all its branches in Illinois that is not required
23    to be licensed under the Ambulatory Surgical Treatment Center
24    Act.
25        "Change  of  ownership of a health care facility" means a
26    change in the person who has ownership or control of a health
27    care facility's physical plant and capital assets.  A  change
28    in  ownership  is  indicated  by  the following transactions:
29    sale, transfer, acquisition, lease, change of sponsorship, or
30    other means of transferring control.
31        "Related person" means any person that: (i) is  at  least
32    50%  owned, directly or indirectly, by either the health care
33    facility or a person owning, directly or indirectly, at least
34    50% of the health care facility; or (ii)  owns,  directly  or
SB1332 Enrolled            -8-       LRB093 09788 AMC 10033 b
 1    indirectly, at least 50% of the health care facility.
 2    (Source: P.A.   90-14,  eff.  7-1-97;  91-656,  eff.  1-1-01;
 3    91-782, eff. 6-9-00; revised 11-6-02.)

 4        (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
 5        (Section scheduled to be repealed on July 1, 2003)
 6        Sec. 4.  Health Facilities  Planning  Board;  membership;
 7    appointment;  term;  compensation;  quorum.  There is created
 8    the Health Facilities Planning Board, which shall perform the
 9    such functions as hereinafter described in this Act.
10        Notwithstanding any provision  of  this  Section  to  the
11    contrary,  the  term  of  office  of each member of the State
12    Board is abolished on the effective date of  this  amendatory
13    Act  of  the 93rd General Assembly, but all incumbent members
14    shall continue to exercise all of the powers and  be  subject
15    to  all of the duties of members of the State Board until all
16    new members of the 9-member State Board authorized under this
17    amendatory Act of the 93rd General Assembly are appointed and
18    take  office.  Beginning  on  the  effective  date  of   this
19    amendatory  Act of the 93rd General Assembly, the State Board
20    shall consist of 9 voting  members.  The  State  Board  shall
21    consist  of 15 voting members, including: 8 consumer members;
22    one  member  representing  the  commercial  health  insurance
23    industry in Illinois; one member  representing  hospitals  in
24    Illinois;  one member who is actively engaged in the field of
25    hospital management; one member who is a  professional  nurse
26    registered  in  Illinois;  one  member  who is a physician in
27    active private practice  licensed  in  Illinois  to  practice
28    medicine  in  all of its branches; one member who is actively
29    engaged in the field of skilled nursing or intermediate  care
30    facility  management;  and one member who is actively engaged
31    in the administration of  an  ambulatory  surgical  treatment
32    center  licensed  under  the  Ambulatory  Surgical  Treatment
33    Center Act.
SB1332 Enrolled            -9-       LRB093 09788 AMC 10033 b
 1        The  State Board shall be appointed by the Governor, with
 2    the  advice  and  consent  of  the  Senate.  In  making   the
 3    appointments,   the  Governor  shall  give  consideration  to
 4    recommendations made by (1)  the  professional  organizations
 5    concerned   with   hospital   management   for  the  hospital
 6    management  appointment,   (2)   professional   organizations
 7    concerned  with  long  term  care facility management for the
 8    long  term  care   facility   management   appointment,   (3)
 9    professional   medical   organizations   for   the  physician
10    appointment, (4) professional nursing organizations  for  the
11    nurse   appointment,   and   (5)  professional  organizations
12    concerned with ambulatory surgical treatment centers for  the
13    ambulatory  surgical  treatment center appointment, and shall
14    appoint  as  consumer  members  individuals   familiar   with
15    community  health  needs but whose interest in the operation,
16    construction or utilization of  health  care  facilities  are
17    derived   from  factors  other  than  those  related  to  his
18    profession, business, or economic gain, and who represent, so
19    far as possible, different geographic areas of the State. Not
20    more than 5 8 of  the  appointments  shall  be  of  the  same
21    political  party.  No  person  shall  be appointed as a State
22    Board member if that person has served, after  the  effective
23    date  of  this amendatory Act of the 93rd General Assembly, 2
24    3-year terms as a State Board member, except for  ex  officio
25    non-voting members.
26        The  Secretary  of Human Services, the Director of Public
27    Aid, and the Director of Public Health, or  their  designated
28    representatives,   shall   serve  as  ex-officio,  non-voting
29    members of the State Board.
30        Of those members  initially  appointed  by  the  Governor
31    under  this  amendatory  Act  of the 93rd General Assembly, 3
32    shall serve for terms expiring July 1, 2004,  3  shall  serve
33    for  terms expiring July 1, 2005, and 3 shall serve for terms
34    expiring July 1, 2006.  Thereafter, as voting  members,  each
SB1332 Enrolled            -10-      LRB093 09788 AMC 10033 b
 1    appointed  member  shall  hold office for a term of 3 years,:
 2    provided,  that  any  member  appointed  to  fill  a  vacancy
 3    occurring prior to the expiration of the term for  which  his
 4    predecessor   was   appointed  shall  be  appointed  for  the
 5    remainder of such  term  and  the  term  of  office  of  each
 6    successor  shall  commence on July 1 of the year in which his
 7    predecessor's term expires. In making  original  appointments
 8    to  the State Board, the Governor shall appoint 5 members for
 9    a term of one year, 5 for a term of 2 years, and 3 for a term
10    of 3 years, and each of these terms of office shall  commence
11    on  July  1, 1974. The initial term of office for the members
12    appointed under this amendatory Act of 1996  shall  begin  on
13    July  1, 1996 and shall last for 2 years, and each subsequent
14    appointment shall be for a term of 3 years. Each member shall
15    hold office until his successor is appointed and qualified.
16        State Board members, while serving  on  business  of  the
17    State  Board,  shall  receive actual and necessary travel and
18    subsistence expenses while so serving away from their  places
19    of  residence.  A member of the State Board who experiences a
20    significant financial hardship due to the loss of  income  on
21    days  of attendance at meetings or while otherwise engaged in
22    the business of the  State  Board  may  be  paid  a  hardship
23    allowance,  as  determined  by and subject to the approval of
24    the Governor's  Travel  Control  Board.  In  addition,  while
25    serving  on  business  of  the State Board, each member shall
26    receive compensation  of  $150  per  day,  except  that  such
27    compensation  shall not exceed $7,500 in any one year for any
28    member.
29        The Governor shall designate one of the members to  serve
30    as  Chairman  and  The  State Board shall provide for its own
31    organization and procedures, including  the  selection  of  a
32    Chairman  and  such  other officers as deemed necessary.  The
33    Director, with concurrence of the State Board, shall name  as
34    full-time  Executive  Secretary  of the State Board, a person
SB1332 Enrolled            -11-      LRB093 09788 AMC 10033 b
 1    qualified  in  health   care   facility   planning   and   in
 2    administration.   The Agency shall provide administrative and
 3    staff support for the State Board.   The  State  Board  shall
 4    advise  the  Director  of  its  budgetary and staff needs and
 5    consult with the Director on annual budget preparation.
 6        The State Board shall meet at least once each quarter, or
 7    as often as the Chairman of the State Board deems  necessary,
 8    or upon the request of a majority of the members.
 9        Five  Eight members of the State Board shall constitute a
10    quorum.  The affirmative vote of 5 8 of the  members  of  the
11    State  Board  shall  be  necessary for any action requiring a
12    vote to be taken  by  the  State  Board.  A  vacancy  in  the
13    membership of the State Board shall not impair the right of a
14    quorum  to exercise all the rights and perform all the duties
15    of the State Board as provided by this Act.
16        A State Board member shall disqualify himself or  herself
17    from  the  consideration  of  any application for a permit or
18    exemption in which the State Board member or the State  Board
19    member's  spouse,  parent,  or  child:  (i)  has  an economic
20    interest in the matter; or (ii) is employed by, serves  as  a
21    consultant  for, or is a member of the governing board of the
22    applicant or a party opposing the application.
23    (Source: P.A. 90-14, eff. 7-1-97; 91-782, eff. 6-9-00.)

24        (20 ILCS 3960/5.3)
25        (Section scheduled to be repealed on July 1, 2003)
26        Sec. 5.3.  Annual report  of  capital  expenditures.   In
27    addition  to  the State Board's authority to require reports,
28    the State Board shall require each health  care  facility  to
29    submit an annual report of all capital expenditures in excess
30    of  $200,000 (which shall be annually adjusted to reflect the
31    increase in construction costs due to inflation) made by  the
32    health  care  facility  during  the  most  recent year.  This
33    annual report shall consist of a  brief  description  of  the
SB1332 Enrolled            -12-      LRB093 09788 AMC 10033 b
 1    capital  expenditure,  the amount and method of financing the
 2    capital expenditure, the certificate of need  project  number
 3    if  the project was reviewed, and the total amount of capital
 4    expenditures obligated for the year.    Data  collected  from
 5    health  care  facilities  pursuant  to this Section shall not
 6    duplicate or overlap other data collected by  the  Department
 7    and  must  be  collected  as  part of the Department's Annual
 8    Questionnaires or supplements for health care facilities that
 9    report these data.
10    (Source: P.A. 91-782, eff. 6-9-00.)

11        (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
12        (Section scheduled to be repealed on July 1, 2003)
13        Sec. 6.  Application for permit or  exemption;  exemption
14    regulations.
15        (a)  An  application  for  a permit or exemption shall be
16    made to the State Board upon  forms  provided  by  the  State
17    Board.   This  application  shall contain such information as
18    the State  Board  deems  necessary.  Such  application  shall
19    include  affirmative  evidence on which the Director may make
20    the findings required under this Section and upon  which  the
21    State  Board  may make its decision on the approval or denial
22    of the permit or exemption.
23        (b)  The State Board shall establish  by  regulation  the
24    procedures and requirements regarding issuance of exemptions.
25    An  exemption  shall be approved when information required by
26    the Board by rule is  submitted.  Projects  eligible  for  an
27    exemption, rather than a permit, include, but are not limited
28    to,  change  of  ownership  of  a health care facility. For a
29    change of ownership of a health care facility between related
30    persons, the  State  Board  shall  provide  by  rule  for  an
31    expedited process for obtaining an exemption.
32        (c)  All  applications  shall  be signed by the applicant
33    and shall be verified by any 2 officers thereof.
SB1332 Enrolled            -13-      LRB093 09788 AMC 10033 b
 1        (d)  Upon receipt of an application  for  a  permit,  the
 2    State  Board  shall  approve  and authorize the issuance of a
 3    permit if it finds (1) that the applicant  is  fit,  willing,
 4    and  able to provide a proper standard of health care service
 5    for   the   community   with   particular   regard   to   the
 6    qualification, background and character of the applicant, (2)
 7    that economic feasibility is demonstrated in terms of  effect
 8    on  the  existing  and  projected  operating  budget  of  the
 9    applicant  and  of  the health care facility; in terms of the
10    applicant's ability to establish and operate such facility in
11    accordance  with  licensure  regulations  promulgated   under
12    pertinent state laws; and in terms of the projected impact on
13    the  total  health  care  expenditures  in  the  facility and
14    community, (3) that safeguards are provided which assure that
15    the establishment, construction or modification of the health
16    care facility or acquisition of major  medical  equipment  is
17    consistent  with  the  public  interest,  and  (4)  that  the
18    proposed  project is consistent with the orderly and economic
19    development of such facilities and equipment and is in accord
20    with standards,  criteria,  or  plans  of  need  adopted  and
21    approved  pursuant  to  the  provisions of Section 12 of this
22    Act.
23    (Source: P.A. 88-18.)

24        (20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
25        (Section scheduled to be repealed on July 1, 2003)
26        Sec. 10.  Presenting information relevant to the approval
27    of a permit or certificate or in opposition to the denial  of
28    the  application;  notice  of outcome and review proceedings.
29    When a motion by the State Board, to approve  an  application
30    for  a permit or a certificate of recognition, fails to pass,
31    or when a motion to deny an application for  a  permit  or  a
32    certificate  of  recognition  is passed, the applicant or the
33    holder of the permit, as the case  may  be,  and  such  other
SB1332 Enrolled            -14-      LRB093 09788 AMC 10033 b
 1    parties  as  the  State  Board  permits,  will  be  given  an
 2    opportunity to appear before the State Board and present such
 3    information as may be relevant to the approval of a permit or
 4    certificate   or   in   opposition   to  the  denial  of  the
 5    application.
 6        Subsequent to an appearance by the applicant  before  the
 7    State  Board  or  default  of  such  opportunity to appear, a
 8    motion by the State Board to approve  an  application  for  a
 9    permit or a certificate of recognition which fails to pass or
10    a motion to deny an application for a permit or a certificate
11    of  recognition    which passes shall be considered denial of
12    the application for a permit or certificate  of  recognition,
13    as  the  case  may be.  Such action of denial or an action by
14    the State Board to  revoke  a  permit  or  a  certificate  of
15    recognition  shall be communicated to the applicant or holder
16    of the permit or certificate of recognition.  Such person  or
17    organization  shall  be afforded an opportunity for a hearing
18    before a hearing officer, who is appointed  by  the  Director
19    State  Board.  A written notice of a request for such hearing
20    shall be served upon the Chairman of the State  Board  within
21    30  days  following notification of the decision of the State
22    Board.  The State Board shall schedule  a  hearing,  and  the
23    Director  Chairman  shall appoint a hearing officer within 30
24    days thereafter.  The  hearing  officer  shall  take  actions
25    necessary  to  ensure  that the hearing is completed within a
26    reasonable period of time, but not to exceed 90 days,  except
27    for delays or continuances agreed to by the person requesting
28    the  hearing.    Following its consideration of the report of
29    the hearing, or upon default of the party to the hearing, the
30    State Board shall make its  final  determination,  specifying
31    its  findings and conclusions within 45 days of receiving the
32    written report of the hearing.  A copy of such  determination
33    shall be sent by certified mail or served personally upon the
34    party.
SB1332 Enrolled            -15-      LRB093 09788 AMC 10033 b
 1        A   full  and  complete  record  shall  be  kept  of  all
 2    proceedings, including the notice of hearing, complaint,  and
 3    all  other  documents  in  the  nature  of pleadings, written
 4    motions filed in the proceedings, and the report  and  orders
 5    of the State Board or hearing officer. All testimony shall be
 6    reported  but  need not be transcribed unless the decision is
 7    appealed in accordance with the Administrative Review Law, as
 8    now or hereafter amended.  A copy or copies of the transcript
 9    may be obtained by any interested party  on  payment  of  the
10    cost of preparing such copy or copies.
11        The  State Board or hearing officer shall upon its own or
12    his  motion, or on the written request of any  party  to  the
13    proceeding who has, in the State Board's or hearing officer's
14    opinion,  demonstrated  the  relevancy of such request to the
15    outcome of the proceedings,  issue  subpoenas  requiring  the
16    attendance  and  the  giving  of  testimony by witnesses, and
17    subpoenas duces tecum  requiring  the  production  of  books,
18    papers,  records,  or  memoranda.  The  fees of witnesses for
19    attendance and travel shall  be  the  same  as  the  fees  of
20    witnesses before the circuit court of this State.
21        When  the  witness  is  subpoenaed at the instance of the
22    State Board, or its hearing officer, such fees shall be  paid
23    in  the same manner as other expenses of the Agency, and when
24    the witness is subpoenaed at the instance of any other  party
25    to  any  such  proceeding  the State Board may, in accordance
26    with the rules of  the  Agency,  require  that  the  cost  of
27    service  of  the subpoena or subpoena duces tecum and the fee
28    of the witness be borne by the party at  whose  instance  the
29    witness  is  summoned.  In  such case, the State Board in its
30    discretion, may require a deposit to cover the cost  of  such
31    service  and witness fees. A subpoena or subpoena duces tecum
32    so issued shall be served in the same manner  as  a  subpoena
33    issued out of a court.
34        Any  circuit  court of this State upon the application of
SB1332 Enrolled            -16-      LRB093 09788 AMC 10033 b
 1    the State Board or upon the application of any other party to
 2    the proceeding, may, in its discretion, compel the attendance
 3    of witnesses, the production of books,  papers,  records,  or
 4    memoranda  and  the  giving  of  testimony  before  it or its
 5    hearing officer conducting  an  investigation  or  holding  a
 6    hearing   authorized  by  this  Act,  by  an  attachment  for
 7    contempt, or otherwise, in the same manner as  production  of
 8    evidence may be compelled before the court.
 9    (Source: P.A. 88-18; 89-276, eff. 8-10-96.)

10        (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
11        (Section scheduled to be repealed on July 1, 2003)
12        Sec. 12.  Powers and duties of State Board.  For purposes
13    of  this  Act,  the  State Board shall exercise the following
14    powers and duties:
15        (1)  Prescribe rules, regulations,  standards,  criteria,
16    procedures or reviews which may vary according to the purpose
17    for  which a particular review is being conducted or the type
18    of project reviewed and which are required to carry  out  the
19    provisions and purposes of this Act.
20        (2)  Adopt  procedures  for  public notice and hearing on
21    all proposed rules,  regulations,  standards,  criteria,  and
22    plans required to carry out the provisions of this Act.
23        (3)  Prescribe  criteria  for  recognition  for  areawide
24    health planning organizations, including, but not limited to,
25    standards  for  evaluating the scientific bases for judgments
26    on need and procedure for making these determinations.
27        (4)  Develop  criteria  and  standards  for  health  care
28    facilities planning, conduct statewide inventories of  health
29    care   facilities,  maintain  an  updated  inventory  on  the
30    Department's web site reflecting  the  most  recent  bed  and
31    service  changes  and  updated  need  determinations when new
32    census  data  become  available  or  new  need  formulae  are
33    adopted, and develop health care facility plans  which  shall
SB1332 Enrolled            -17-      LRB093 09788 AMC 10033 b
 1    be  utilized  in  the review of applications for permit under
 2    this Act.  Such health facility plans shall be coordinated by
 3    the Agency with  the  health  care  facility  plans  areawide
 4    health  planning organizations and with other pertinent State
 5    Plans.
 6        In developing health care facility plans, the State Board
 7    shall consider, but shall not be limited to, the following:
 8             (a)  The  size,  composition  and  growth   of   the
 9        population of the area to be served;
10             (b)  The  number  of existing and planned facilities
11        offering similar programs;
12             (c)  The   extent   of   utilization   of   existing
13        facilities;
14             (d)  The availability of facilities which may  serve
15        as alternatives or substitutes;
16             (e)  The  availability of personnel necessary to the
17        operation of the facility;
18             (f)  Multi-institutional    planning     and     the
19        establishment   of   multi-institutional   systems  where
20        feasible;
21             (g)  The  financial  and  economic  feasibility   of
22        proposed construction or modification; and
23             (h)  In   the   case   of   health  care  facilities
24        established by a  religious  body  or  denomination,  the
25        needs   of   the   members  of  such  religious  body  or
26        denomination may be considered to be public need.
27        The health care facility plans which  are  developed  and
28    adopted  in accordance with this Section shall form the basis
29    for the plan of the  State  to  deal  most  effectively  with
30    statewide health needs in regard to health care facilities.
31        (5)  Coordinate   with   other   state   agencies  having
32    responsibilities affecting health care facilities,  including
33    those of licensure and cost reporting.
34        (6)  Solicit,  accept,  hold  and administer on behalf of
SB1332 Enrolled            -18-      LRB093 09788 AMC 10033 b
 1    the State any grants or  bequests  of  money,  securities  or
 2    property  for  use  by the State Board or recognized areawide
 3    health planning organizations in the administration  of  this
 4    Act;   and   enter   into   contracts   consistent  with  the
 5    appropriations for purposes enumerated in this Act.
 6        (7)  The State Board  shall  prescribe,  in  consultation
 7    with  the  recognized areawide health planning organizations,
 8    procedures for review, standards, and criteria which shall be
 9    utilized to make periodic areawide reviews and determinations
10    of the appropriateness of any existing health services  being
11    rendered  by  health care facilities subject to the Act.  The
12    State Board shall consider recommendations  of  the  areawide
13    health  planning  organization  and  the Agency in making its
14    determinations.
15        (8)  Prescribe,  in  consultation  with  the   recognized
16    areawide  health  planning organizations, rules, regulations,
17    standards, and criteria for the  conduct  of  an  expeditious
18    review   of   applications   for   permits  for  projects  of
19    construction or modification of a health care facility, which
20    projects are non-substantive in nature.  Such rules shall not
21    abridge the right of areawide health  planning  organizations
22    to make recommendations on the classification and approval of
23    projects,  nor  shall  such  rules  prevent  the conduct of a
24    public hearing upon  the  timely  request  of  an  interested
25    party.   Such  reviews shall not exceed 60 days from the date
26    the application is declared to be complete by the Agency.
27        (9)  Prescribe   rules,   regulations,   standards,   and
28    criteria  pertaining  to  the   granting   of   permits   for
29    construction  and  modifications which are emergent in nature
30    and must be undertaken  immediately  to  prevent  or  correct
31    structural deficiencies or hazardous conditions that may harm
32    or injure persons using the facility, as defined in the rules
33    and  regulations of the State Board. This procedure is exempt
34    from public hearing requirements of this Act.
SB1332 Enrolled            -19-      LRB093 09788 AMC 10033 b
 1        (10)  Prescribe   rules,   regulations,   standards   and
 2    criteria for  the  conduct  of  an  expeditious  review,  not
 3    exceeding  60  days, of applications for permits for projects
 4    to construct or  modify  health  care  facilities  which  are
 5    needed  for  the  care  and  treatment  of  persons  who have
 6    acquired  immunodeficiency   syndrome   (AIDS)   or   related
 7    conditions.
 8    (Source: P.A. 88-18; 89-276, eff. 8-10-95.)

 9        (20 ILCS 3960/12.2)
10        (Section scheduled to be repealed on July 1, 2003)
11        Sec.  12.2.  Powers  of the Agency.  For purposes of this
12    Act, the Agency  shall  exercise  the  following  powers  and
13    duties:
14        (1)  Review  applications  for  permits and exemptions in
15    accordance with the standards, criteria, and  plans  of  need
16    established by the State Board under this Act and certify its
17    finding to the State Board.
18        (1.5)  Post  the  following on the Department's web site:
19    relevant (i) rules,  (ii)  standards,  (iii)  criteria,  (iv)
20    State  norms,  (v)  references used by Agency staff in making
21    determinations about whether application  criteria  are  met,
22    and (vi) notices of project-related filings, including notice
23    of public comments related to the application.
24        (2)  Charge and collect an amount determined by the State
25    Board   to   be   reasonable   fees  for  the  processing  of
26    applications  by  the  State  Board,  the  Agency,  and   the
27    appropriate recognized areawide health planning organization.
28    The  State Board shall set the amounts by rule.  All fees and
29    fines collected under the provisions of  this  Act  shall  be
30    deposited  into  the Illinois Health Facilities Planning Fund
31    to be used for the expenses of administering this Act.
32        (3)  Coordinate  with   other   State   agencies   having
33    responsibilities  affecting health care facilities, including
SB1332 Enrolled            -20-      LRB093 09788 AMC 10033 b
 1    those of licensure and cost reporting.
 2    (Source: P.A. 89-276, eff. 8-10-95; 90-14, eff. 7-1-97.)

 3        (20 ILCS 3960/12.3 new)
 4        (Section scheduled to be repealed on July 1, 2003)
 5        Sec. 12.3.  Revision of criteria, standards,  and  rules.
 6    Before  December  31,  2004,  the  State  Board shall review,
 7    revise, and promulgate the  criteria,  standards,  and  rules
 8    used  to  evaluate  applications  for  permit.  To the extent
 9    practicable, the criteria,  standards,  and  rules  shall  be
10    based on objective criteria. In particular, the review of the
11    criteria, standards, and rules shall consider:
12             (1)  Whether  the  criteria  and  standards  reflect
13        current industry standards and anticipated trends.
14             (2)  Whether  the  criteria  and  standards  can  be
15        reduced or eliminated.
16             (3)  Whether criteria and standards can be developed
17        to  authorize  the  construction  of unfinished space for
18        future use when the ultimate need for such space  can  be
19        reasonably projected.
20             (4)  Whether  the  criteria  and standards take into
21        account issues related to population growth and  changing
22        demographics in a community.
23             (5)  Whether  facility-defined  service and planning
24        areas should be recognized.

25        (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
26        (Section scheduled to be repealed on July 1, 2003)
27        Sec. 13.  Investigation of applications for  permits  and
28    certificates  of  recognition.  The Agency or the State Board
29    shall make or cause to be made such investigations as  it  or
30    the  State  Board  deems  necessary  in  connection  with  an
31    application  for a permit or an application for a certificate
32    of recognition, or in  connection  with  a  determination  of
SB1332 Enrolled            -21-      LRB093 09788 AMC 10033 b
 1    whether  or  not  construction or modification which has been
 2    commenced is in accord with the permit issued  by  the  State
 3    Board  or  whether  construction  or  modification  has  been
 4    commenced  without  a permit having been obtained.  The State
 5    Board  may  issue  subpoenas  duces   tecum   requiring   the
 6    production  of  records  and  may  administer  oaths  to such
 7    witnesses.
 8        Any circuit court of this State, upon the application  of
 9    the  State Board or upon the application of any party to such
10    proceedings, may, in its discretion, compel the attendance of
11    witnesses, the  production  of  books,  papers,  records,  or
12    memoranda and the giving of testimony before the State Board,
13    by  a  proceeding  as for contempt, or otherwise, in the same
14    manner as production of evidence may be compelled before  the
15    court.
16        The  State  Board  shall  require  all  health facilities
17    operating in this State to provide such reasonable reports at
18    such times and containing such information as is needed by it
19    to carry out the purposes and provisions of this Act.   Prior
20    to  collecting  information from health facilities, the State
21    Board shall make reasonable efforts through a public  process
22    to  consult  with  health  facilities  and  associations that
23    represent them to  determine  whether  data  and  information
24    requests   will  result  in  useful  information  for  health
25    planning, whether sufficient information  is  available  from
26    other  sources,  and  whether  data  requested  is  routinely
27    collected  by  health  facilities  and  is  available without
28    retrospective record review. Data  and  information  requests
29    shall  not  impose  undue  paperwork  burdens  on health care
30    facilities and personnel.  Health  facilities  not  complying
31    with   this  requirement  shall  be  reported  to  licensing,
32    accrediting, certifying, or  payment  agencies  as  being  in
33    violation  of  State  law.  Health  care facilities and other
34    parties at interest shall have reasonable access, under rules
SB1332 Enrolled            -22-      LRB093 09788 AMC 10033 b
 1    established by the State Board, to all  planning  information
 2    submitted in accord with this Act pertaining to their area.
 3    (Source: P.A. 89-276, eff. 8-10-95.)

 4        (20 ILCS 3960/19.6)
 5        (Section scheduled to be repealed on July 1, 2003).
 6        Sec. 19.6.  Repeal.  This Act is repealed on July 1, 2008
 7    2003.
 8    (Source: P.A. 91-782, eff. 6-9-00.)

 9        Section  10.   The  Hospital  Licensing Act is amended by
10    changing Sections 8, 8.5, and 9.3 and adding Sections 9.4 and
11    9.5 as follows:

12        (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
13        Sec. 8. Facility plan review; fees.
14        (a)  Before commencing construction of new facilities  or
15    specified  types  of  alteration  or additions to an existing
16    hospital involving major construction, as defined by rule  by
17    the Department, with an estimated cost greater than $100,000,
18    architectural  plans  and  specifications  therefor  shall be
19    submitted by the licensee to the Department  for  review  and
20    approval.  A  hospital  may submit architectural drawings and
21    specifications for other construction projects for Department
22    review according to subsection (b) that shall not be  subject
23    to  fees  under  subsection  (d).  The Department must give a
24    hospital that is planning to submit  a  construction  project
25    for   review   the  opportunity  to  discuss  its  plans  and
26    specifications  with  the  Department  before  the   hospital
27    formally  submits the plans and specifications for Department
28    review.  Review  of  drawings  and  specifications  shall  be
29    conducted by  an  employee  of  the  Department  meeting  the
30    qualifications  established  by  the  Department  of  Central
31    Management   Services   class   specifications  for  such  an
SB1332 Enrolled            -23-      LRB093 09788 AMC 10033 b
 1    individual's position or by a  person  contracting  with  the
 2    Department   who  meets  those  class  specifications.  Final
 3    approval of the plans and specifications for compliance  with
 4    design  and construction standards shall be obtained from the
 5    Department  before   the   alteration,   addition,   or   new
 6    construction is begun.
 7        (b)  The  Department shall inform an applicant in writing
 8    within  10  working  days  after   receiving   drawings   and
 9    specifications  and  the  required  fee,  if  any,  from  the
10    applicant  whether  the applicant's submission is complete or
11    incomplete.  Failure  to  provide  the  applicant  with  this
12    notice  within 10 working days shall result in the submission
13    being deemed complete for purposes of initiating  the  60-day
14    review  period  under  this  Section.   If  the submission is
15    incomplete, the Department shall inform the applicant of  the
16    deficiencies   with   the  submission  in  writing.   If  the
17    submission is complete and the required fee, if any, has been
18    paid, the Department shall approve or disapprove drawings and
19    specifications submitted to the Department no later  than  60
20    days  following  receipt by the Department.  The drawings and
21    specifications shall be of sufficient detail, as provided  by
22    Department  rule,  to  enable  the  Department  to  render  a
23    determination  of  compliance  with  design  and construction
24    standards under this Act.  If the Department finds  that  the
25    drawings  are  not  of  sufficient  detail for it to render a
26    determination of compliance, the plans shall be determined to
27    be incomplete and shall not be  considered  for  purposes  of
28    initiating  the  60  day  review  period.  If a submission of
29    drawings and specifications is incomplete, the applicant  may
30    submit  additional  information.   The  60-day  review period
31    shall not commence until the  Department  determines  that  a
32    submission  of drawings and specifications is complete or the
33    submission is deemed complete.  If  the  Department  has  not
34    approved  or  disapproved  the  drawings  and  specifications
SB1332 Enrolled            -24-      LRB093 09788 AMC 10033 b
 1    within  60  days,  the  construction,  major  alteration,  or
 2    addition  shall  be  deemed  approved.   If  the drawings and
 3    specifications are disapproved, the Department shall state in
 4    writing, with specificity, the reasons for  the  disapproval.
 5    The  entity  submitting  the  drawings and specifications may
 6    submit additional information  in  response  to  the  written
 7    comments  from the Department or request a reconsideration of
 8    the disapproval.  A final decision of approval or disapproval
 9    shall be made within 45 days of the receipt of the additional
10    information  or  reconsideration  request.   If  denied,  the
11    Department shall state the specific reasons  for  the  denial
12    and  the  applicant  may  elect  to  seek  dispute resolution
13    pursuant to Section 25 of the  Illinois  Building  Commission
14    Act, which the Department must participate in.
15        (c)  The  Department  shall  provide written approval for
16    occupancy pursuant to subsection (g) and shall  not  issue  a
17    violation  to  a  facility  as  a  result  of  a licensure or
18    complaint survey based upon the facility's physical structure
19    if:
20             (1)  the Department reviewed and approved or  deemed
21        approved  the  drawing  and specifications for compliance
22        with design and construction standards;
23             (2)  the construction, major alteration, or addition
24        was built as submitted;
25             (3)  the law or rules have not  been  amended  since
26        the original approval; and
27             (4)  the  conditions  at  the facility indicate that
28        there is a reasonable degree of safety provided  for  the
29        patients.
30        (c-5)  The  Department  shall  not issue a violation to a
31    facility if  the  inspected  aspects  of  the  facility  were
32    previously   found   to  be  in  compliance  with  applicable
33    standards, the relevant law or rules have not  been  amended,
34    conditions  at  the facility reasonably protect the safety of
SB1332 Enrolled            -25-      LRB093 09788 AMC 10033 b
 1    its patients, and alterations or new hazards  have  not  been
 2    identified.
 3        (d)  The  Department  shall  charge the following fees in
 4    connection with its reviews conducted before  June  30,  2004
 5    under this Section:
 6             (1)  (Blank).
 7             (2)  (Blank).
 8             (3)  If  the  estimated  dollar  value  of the major
 9        construction is greater than $500,000, the fee  shall  be
10        established  by  the  Department  pursuant  to rules that
11        reflect the reasonable and direct cost of the  Department
12        in  conducting  the  architectural reviews required under
13        this Section. The estimated dollar  value  of  the  major
14        construction  subject  to review under this Section shall
15        be  annually  readjusted  to  reflect  the  increase   in
16        construction costs due to inflation.
17        The  fees provided in this subsection (d) shall not apply
18    to major construction  projects  involving  facility  changes
19    that  are  required  by  Department  rule  amendments  or  to
20    projects related to homeland security.
21        The  fees  provided in this subsection (d) shall also not
22    apply to major construction projects if 51% or  more  of  the
23    estimated  cost  of  the  project  is  attributed  to capital
24    equipment.  For major construction projects where 51% or more
25    of the estimated cost of the project is attributed to capital
26    equipment, the Department shall by rule establish a fee  that
27    is reasonably related to the cost of reviewing the project.
28        Disproportionate  share  hospitals  and  rural  hospitals
29    shall  only  pay  one-half  of  the  fees  required  in  this
30    subsection  (d). For the purposes of this subsection (d), (i)
31    "disproportionate share hospital" means a hospital  described
32    in  items (1) through (5) of subsection (b) of Section 5-5.02
33    of the Illinois Public Aid Code  and  (ii)  "rural  hospital"
34    means  a  hospital that is (A) located outside a metropolitan
SB1332 Enrolled            -26-      LRB093 09788 AMC 10033 b
 1    statistical area or (B) located  15  miles  or  less  from  a
 2    county that is outside a metropolitan statistical area and is
 3    licensed  to perform medical/surgical or obstetrical services
 4    and has a combined total bed capacity of 75 or fewer beds  in
 5    these 2 service categories as of July 14, 1993, as determined
 6    by the Department.
 7        The  Department  shall  not  commence  the  facility plan
 8    review process under this Section until  the  applicable  fee
 9    has been paid.
10        (e)  All  fees  received  by  the  Department  under this
11    Section shall be deposited  into  the  Health  Facility  Plan
12    Review  Fund,  a  special fund created in the State treasury.
13    All fees paid by hospitals under subsection (d) shall be used
14    only to cover the direct and reasonable costs relating to the
15    Department's review of hospital projects under this  Section.
16    Moneys shall be appropriated from that Fund to the Department
17    only  to  pay  the  costs  of  conducting  reviews under this
18    Section. None of the  moneys  in  the  Health  Facility  Plan
19    Review  Fund  shall  be  used to reduce the amount of General
20    Revenue  Fund  moneys  appropriated  to  the  Department  for
21    facility plan reviews conducted pursuant to this Section.
22        (f) (Blank).
23        (g)  The Department shall conduct an  on-site  inspection
24    of  the  completed  project no later than 15 business 30 days
25    after notification from the applicant that  the  project  has
26    been   completed  and  all  certifications  required  by  the
27    Department have been received and accepted by the Department.
28    The Department may extend this deadline only if  a  federally
29    mandated  survey  time frame takes precedence. The Department
30    shall provide written approval for occupancy to the applicant
31    within 5 working days of the Department's  final  inspection,
32    provided   the   applicant   has   demonstrated   substantial
33    compliance  as  defined  by Department rule. Occupancy of new
34    major construction is prohibited until Department approval is
SB1332 Enrolled            -27-      LRB093 09788 AMC 10033 b
 1    received, unless the Department has not acted within the time
 2    frames provided in this subsection (g),  in  which  case  the
 3    construction  shall  be  deemed approved.  Occupancy shall be
 4    authorized  after  any  required  health  inspection  by  the
 5    Department has been conducted.
 6        (h)  The Department shall establish, by rule, a procedure
 7    to  conduct  interim  on-site  review  of  large  or  complex
 8    construction projects.
 9        (i)  The  Department  shall  establish,   by   rule,   an
10    expedited  process  for  emergency  repairs or replacement of
11    like equipment.
12        (j)  Nothing in this Section shall be construed to  apply
13    to  maintenance,  upkeep,  or renovation that does not affect
14    the structural integrity of the building, does not  add  beds
15    or  services  over  the  number  for  which  the  facility is
16    licensed, and provides a reasonable degree of safety for  the
17    patients.
18    (Source:  P.A.  91-712,  eff.  7-1-00;  92-563, eff. 6-24-02;
19    92-803, eff. 8-16-02; revised 9-19-02.)

20        (210 ILCS 85/8.5)
21        Sec. 8.5. Waiver or alternative compliance of  compliance
22    with  rules  or standards for construction or physical plant.
23    Upon application by a hospital, the Department may  grant  or
24    renew  a  the waiver or alternative compliance methodology of
25    the hospital's compliance with  a  construction  or  physical
26    plant  rule  or  standard, including without limitation rules
27    and  standards  for  (i)  design   and   construction,   (ii)
28    engineering  and  maintenance  of  the  physical plant, site,
29    equipment,  and  systems   (heating,   cooling,   electrical,
30    ventilation,   plumbing,   water,   sewer,  and  solid  waste
31    disposal), and (iii) fire and safety, and (iv) other rules or
32    standards that may present  a  barrier  to  the  development,
33    adoption,  or  implementation  of  an  innovation designed to
SB1332 Enrolled            -28-      LRB093 09788 AMC 10033 b
 1    improve patient care, for a period not to exceed the duration
 2    of the current license or, in the case of an application  for
 3    license  renewal,  the  duration  of  the renewal period. The
 4    waiver may be conditioned upon  the  hospital  taking  action
 5    prescribed  by  the  Department  as  a  measure equivalent to
 6    compliance. In  determining  whether  to  grant  or  renew  a
 7    waiver,  the Department shall consider the duration and basis
 8    for any current waiver with  respect  to  the  same  rule  or
 9    standard  and the validity and effect upon patient health and
10    safety of extending it on the same basis, the effect upon the
11    health and safety of patients, the quality of  patient  care,
12    the  hospital's  history  of  compliance  with  the rules and
13    standards of this Act, and the hospital's attempts to  comply
14    with  the  particular  rule  or  standard  in  question.  The
15    Department may provide, by rule, for the automatic renewal of
16    waivers    concerning    construction   or   physical   plant
17    requirements upon the renewal of a  license.  The  Department
18    shall  renew  waivers  relating  to  construction or physical
19    plant standards issued pursuant to this Section at  the  time
20    of the indicated reviews, unless it can show why such waivers
21    should not be extended for the following reasons:
22             (1)  the   condition   of  the  physical  plant  has
23        deteriorated or its use substantially changed so that the
24        basis upon which the  waiver  was  issued  is  materially
25        different; or
26             (2)  the  hospital  is  renovated  or  substantially
27        remodeled  in such a way as to permit compliance with the
28        applicable  rules  and  standards   without   substantial
29        increase in cost.
30        A copy of each waiver application and each waiver granted
31    or renewed shall be on file with the Department and available
32    for public inspection.
33        The  Department  shall advise hospitals of any applicable
34    federal waivers about which it is aware  and  for  which  the
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 1    hospital may apply.
 2        In  the event that the Department does not grant or renew
 3    a waiver of a rule or standard, the  Department  must  notify
 4    the  hospital  in  writing detailing the specific reasons for
 5    not granting or renewing the waiver and must discuss possible
 6    options, if any, the hospital could take to have  the  waiver
 7    approved.
 8        This  Section  shall  apply  to  both  new  and  existing
 9    construction.
10    (Source: P.A. 92-803, eff. 8-16-02.)

11        (210 ILCS 85/9.3)
12        Sec.  9.3.  Informal  dispute resolution.  The Department
13    must offer an opportunity  for  informal  dispute  resolution
14    concerning  the  application  of  building  codes for new and
15    existing  construction  and  related  Department  rules   and
16    standards  before the advisory committee under subsection (b)
17    of Section 2310-560 of the Department of Public Health Powers
18    and Duties Law of the Civil Administrative Code of  Illinois.
19    Participants  in  this  process  must include representatives
20    from the Department, representatives  of  the  hospital,  and
21    additional representatives deemed appropriate by both parties
22    with  expertise  regarding the contested deficiencies and the
23    management of health care facilities.  If the Department does
24    not resolve disputed deficiencies after the informal  dispute
25    resolution  process,  the  Department  must provide a written
26    explanation to the hospital of why the deficiencies have  not
27    been removed from the statement of deficiencies.
28    (Source: P.A. 92-803, eff. 8-16-02.)

29        (210 ILCS 85/9.4 new)
30        Sec.  9.4.  Findings,  conclusions,  and  citations.  The
31    Department  must  consider any factual information offered by
32    the hospital during the survey, inspection, or investigation,
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 1    at daily status briefings, and in the exit briefing  required
 2    under   Section   9.2   before   making  final  findings  and
 3    conclusions  or  issuing  citations.  The   Department   must
 4    document  receipt  of  such  information. The Department must
 5    provide the hospital with written notice of its findings  and
 6    conclusions  within  10  days  of  the exit briefing required
 7    under Section 9.2. This notice  must  provide  the  following
 8    information: (i) identification of all deficiencies and areas
 9    of  noncompliance with applicable law; (ii) identification of
10    the applicable statutes, rules, codes, or standards that were
11    violated; and (iii) the factual basis for each deficiency  or
12    violation.

13        (210 ILCS 85/9.5 new)
14        Sec.  9.5.  Reviewer  quality improvement. The Department
15    must implement a reviewer performance improvement program for
16    hospital survey, inspection, and  investigation  staff.   The
17    Department  must  also,  on a quarterly basis, assess whether
18    its surveyors, inspectors, and investigators: (i)  apply  the
19    same  protocols  and  criteria  consistently to substantially
20    similar  situations;  (ii)   reach   similar   findings   and
21    conclusions  when reviewing substantially similar situations;
22    (iii) conduct surveys, inspections, or  investigations  in  a
23    professional  manner;  and (iv) comply with the provisions of
24    this Act.  The  Department  must  also  implement  continuing
25    education   programs   for  its  surveyors,  inspectors,  and
26    investigators pursuant to the  findings  of  the  performance
27    improvement program.

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.