Full Text of HB7307 93rd General Assembly
HB7307ham003 93RD GENERAL ASSEMBLY
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Rep. Michael J. Madigan
Filed: 7/8/2004
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LRB093 22682 AMC 52557 a |
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| AMENDMENT TO HOUSE BILL 7307
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| AMENDMENT NO. ______. Amend House Bill 7307, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Health Facilities Planning Act is | 6 |
| amended by changing Sections 4, 4.2, and 8 and adding Section | 7 |
| 6.2 as follows:
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| (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 4. Health Facilities Planning Board; membership; | 11 |
| appointment; term;
compensation; quorum. There is created the | 12 |
| Health
Facilities Planning Board, which
shall perform the | 13 |
| functions described in this
Act.
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| The State Board shall consist of 5 voting members. Each | 15 |
| member shall have a reasonable knowledge of health planning, | 16 |
| health finance, and health care at the time of his or her | 17 |
| appointment. No person shall be appointed or continue to serve | 18 |
| as a member of the State Board who is, or whose spouse, parent, | 19 |
| or child is, a member of the Board of Directors of, has a | 20 |
| financial interest in, or has a business relationship with a | 21 |
| health care facility. | 22 |
| Notwithstanding any provision of this Section to the | 23 |
| contrary, the term of
office of each member of the State Board | 24 |
| is abolished on the effective date of
this
amendatory Act of |
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| the 93rd General Assembly and those members no longer hold | 2 |
| office.
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| Notwithstanding any provision of this Section to the | 4 |
| contrary, the term of
office of each member of the State Board | 5 |
| is abolished on the effective date of
this
amendatory Act of | 6 |
| the 93rd General Assembly, but all incumbent members shall
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| continue to exercise all of the powers and be subject to all of | 8 |
| the duties of
members of the State Board until all new members | 9 |
| of the 9-member State Board
authorized under this amendatory | 10 |
| Act of the 93rd General Assembly are
appointed and take office. | 11 |
| Beginning on the effective date of this amendatory
Act
of the | 12 |
| 93rd General Assembly, the State Board shall consist of 9 | 13 |
| voting
members.
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| The State Board shall be appointed by the Governor, with | 15 |
| the advice
and consent of the Senate. Not more than 3
5 of the
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| appointments shall be of the same political party at the time | 17 |
| of the appointment .
No person shall be appointed as a State | 18 |
| Board member if that person has
served, after the effective | 19 |
| date of Public Act 93-41
this amendatory Act of the 93rd | 20 |
| General
Assembly , 2 3-year terms as a State Board member, | 21 |
| except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Public | 23 |
| Aid, and
the Director of Public Health, or their designated | 24 |
| representatives,
shall serve as ex-officio, non-voting members | 25 |
| of the State Board.
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| Of those members initially appointed by the Governor under | 27 |
| this
amendatory Act of the 93rd General Assembly, 2 shall serve | 28 |
| for terms expiring
July 1, 2005, 2 shall serve for terms | 29 |
| expiring July 1, 2006, and 1 shall serve
for a term expiring | 30 |
| July 1, 2007.
Of those members initially appointed by the | 31 |
| Governor under this
amendatory Act of the 93rd General | 32 |
| Assembly, 3 shall serve for terms expiring
July 1, 2004, 3 | 33 |
| shall serve for terms expiring July 1, 2005, and 3 shall serve
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| for terms expiring July 1, 2006. Thereafter, each
appointed |
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| member shall
hold office for a term of 3 years, provided that | 2 |
| any member
appointed to fill a vacancy
occurring prior to the | 3 |
| expiration of the
term for which his or her predecessor was | 4 |
| appointed shall be appointed for the
remainder of such term and | 5 |
| the term of office of each successor shall
commence on July 1 | 6 |
| of the year in which his predecessor's term expires. Each
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| member appointed after the effective date of this amendatory | 8 |
| Act of the 93rd General Assembly shall hold office until his or | 9 |
| her successor is appointed and qualified.
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| State Board members, while serving on business of the State | 11 |
| Board,
shall receive actual and necessary travel and | 12 |
| subsistence expenses while
so serving away from their places
of | 13 |
| residence.
A member of the State Board who experiences a | 14 |
| significant financial hardship
due to the loss of income on | 15 |
| days of attendance at meetings or while otherwise
engaged in | 16 |
| the business of the State Board may be paid a hardship | 17 |
| allowance, as
determined by and subject to the approval of the | 18 |
| Governor's Travel Control
Board.
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| The Governor shall designate one of the members to serve as | 20 |
| Chairman
and shall name as full-time
Executive Secretary of the | 21 |
| State
Board, a person qualified in health care facility | 22 |
| planning and in
administration. The Agency shall provide | 23 |
| administrative and staff
support for the State Board. The State | 24 |
| Board shall advise the Director
of its budgetary and staff | 25 |
| needs and consult with the Director on annual
budget | 26 |
| preparation.
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| The State Board shall meet at least once each quarter, or | 28 |
| as often as
the Chairman of the State Board deems necessary, or | 29 |
| upon the request of
a majority of the members.
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|
Three
Five members of the State Board shall constitute a | 31 |
| quorum.
The affirmative vote of 3
5 of the members of the State | 32 |
| Board shall be
necessary for
any action requiring a vote to be | 33 |
| taken by the State
Board. A vacancy in the membership of the | 34 |
| State Board shall not impair the
right of a quorum to exercise |
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| all the rights and perform all the duties of the
State Board as | 2 |
| provided by this Act.
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| A State Board member shall disqualify himself or herself | 4 |
| from the
consideration of any application for a permit or
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| exemption in which the State Board member or the State Board | 6 |
| member's spouse,
parent, or child: (i) has
an economic interest | 7 |
| in the matter; or (ii) is employed by, serves as a
consultant | 8 |
| for, or is a member of the
governing board of the applicant or | 9 |
| a party opposing the application.
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| (Source: P.A. 93-41, eff. 6-27-03.)
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| (20 ILCS 3960/4.2)
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| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 4.2. Ex parte communications.
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| (a) Except in the disposition of matters that agencies are | 15 |
| authorized by law
to entertain or dispose of on an ex parte | 16 |
| basis including, but not limited to
rule making, the State | 17 |
| Board, any State Board member, employee, or a hearing
officer | 18 |
| shall not engage in ex parte communication,
after an | 19 |
| application for a permit is received,
in connection with the | 20 |
| substance of any application for
a permit with any person or | 21 |
| party or the representative of any party with a financial | 22 |
| interest in the outcome of the application. Any person or party | 23 |
| with a financial interest in a permit application may not | 24 |
| communicate with the any member, employee, or hearing officer | 25 |
| of the State Board regarding the substance of the permit | 26 |
| application for at least 6 months prior to the submission of | 27 |
| the application .
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| (b) A State Board member or employee may communicate with | 29 |
| other
members or employees and any State Board member or | 30 |
| hearing
officer may have the aid and advice of one or more | 31 |
| personal assistants.
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| (c) An ex parte communication received by the State Board, | 33 |
| any State
Board member, employee, or a hearing officer shall be |
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| made a part of the record
of the
pending matter, including all | 2 |
| written communications, all written
responses to the | 3 |
| communications, and a memorandum stating the substance of all
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| oral communications and all responses made and the identity of | 5 |
| each person from
whom the ex parte communication was received.
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| (d) "Ex parte communication" means a communication between | 7 |
| a person who is
not a State Board member or employee and a
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| State Board member or
employee
that reflects on the substance | 9 |
| of a pending State Board proceeding and that
takes
place | 10 |
| outside the record of the proceeding. Communications regarding | 11 |
| matters
of procedure and practice, such as the format of | 12 |
| pleading, number of copies
required, manner of service, and | 13 |
| status of proceedings, are not considered ex
parte | 14 |
| communications. Technical assistance with respect to an | 15 |
| application, not
intended to influence any decision on the | 16 |
| application, may be provided by
employees to the applicant. Any | 17 |
| assistance shall be documented in writing by
the applicant and | 18 |
| employees within 10 business days after the assistance is
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| provided.
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| (e) For purposes of this Section, "employee" means
a person | 21 |
| the State Board or the Agency employs on a full-time, | 22 |
| part-time,
contract, or intern
basis.
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| (f) The State Board, State Board member, or hearing | 24 |
| examiner presiding
over the proceeding, in the event of a | 25 |
| violation of this Section, must take
whatever action is | 26 |
| necessary to ensure that the violation does not prejudice
any | 27 |
| party or adversely affect the fairness of the proceedings.
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| (g) Nothing in this Section shall be construed to prevent | 29 |
| the State Board or
any member of the State Board from | 30 |
| consulting with the attorney for the State
Board.
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| (Source: P.A. 91-782, eff. 6-9-00; revised 1-28-04 .)
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| (20 ILCS 3960/6.2 new)
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| (Section scheduled to be repealed on July 1, 2008) |
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| Sec. 6.2. Intervenor. The Health Facilities Planning Board | 2 |
| shall establish rules for consumers, as defined in Section 3, | 3 |
| to intervene in the Board's review process for permit | 4 |
| applications. These rules shall include, but not be limited to, | 5 |
| the following: | 6 |
| (1) Public notification of the right to intervene in | 7 |
| each application review process. | 8 |
| (2) A method for petitioning the Board for intervenor | 9 |
| status. | 10 |
| (3) A process for reviewing petitions for intervention | 11 |
| and for notification of all parties regarding intervenor | 12 |
| status.
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| A consumer permitted to intervene may participate in all | 14 |
| phases of the process, including receipt of all documents | 15 |
| related to the application review and an opportunity to testify | 16 |
| at Board meetings.
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| (20 ILCS 3960/8) (from Ch. 111 1/2, par. 1158)
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| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 8. The Agency shall assist communities and regions | 20 |
| throughout
the State to establish areawide health planning | 21 |
| organizations and, in
particular, shall assist such | 22 |
| organizations to develop health care
facilities planning which | 23 |
| meets the criteria for recognition thereof.
Areawide health | 24 |
| planning organizations may be recognized to do health
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| facilities planning by providing this component of health | 26 |
| planning
within the organization or by contracting with a | 27 |
| special-purpose health
planning organization that meets the | 28 |
| criteria for health facilities
planning.
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| Recognition of these organizations with regard to health | 30 |
| facilities
planning, including establishment of the criteria | 31 |
| for such recognition,
shall be the responsibility of the State | 32 |
| Board, as provided elsewhere in
this Act.
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| The Agency is authorized to make grants-in-aid or to |
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| furnish direct
services to organizations in the development of | 2 |
| health facilities
planning capability, as a part of other | 3 |
| financial and service assistance
which the Agency is empowered | 4 |
| and required to provide in support of
health planning | 5 |
| organizations.
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| Upon receipt of an application for a permit to establish, | 7 |
| construct
or modify a health care facility, the Agency shall | 8 |
| notify the applicant
in writing within 10 working days either | 9 |
| that the application is
complete or the reasons why the | 10 |
| application is not complete. If the
application is complete, | 11 |
| the Agency shall notify affected persons of the
beginning of a | 12 |
| review and the review time cycle for the purposes of this
Act | 13 |
| shall begin on the date this notification is mailed.
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| Upon notifying affected persons of the beginning of a | 15 |
| review of an
application for a permit, a complete copy of such | 16 |
| application shall be transmitted to
the areawide health | 17 |
| planning organization serving the area or
community where the | 18 |
| health care facility or major medical equipment
is proposed to | 19 |
| be acquired, established,
constructed or modified. The Agency | 20 |
| shall also transmit a complete copy
of such application to any | 21 |
| reasonably contiguous areawide
health planning organization. | 22 |
| The Agency shall afford a reasonable time
as established by the | 23 |
| State Board, but not to exceed 120 days in length,
for the | 24 |
| areawide planning organizations' review of the
application. | 25 |
| After reviewing the application, each recognized areawide
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| planning organization shall certify its findings to the State | 27 |
| Board as
to whether or not the application is approved or | 28 |
| disapproved in
accordance with standards, criteria or plans of | 29 |
| need adopted and
approved by the recognized areawide health | 30 |
| planning organization
pursuant to its recognition by the State | 31 |
| Board for health care
facilities planning. The 120-day period | 32 |
| shall begin on the day the
application is found to be | 33 |
| substantially complete, as that term is
defined by the State | 34 |
| Board. During such 120-day period, the applicant
may request an |
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| extension. An applicant may modify the application at
any time | 2 |
| prior to a final administrative decision on the application.
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| Upon its receipt of an application, the areawide health | 4 |
| planning
organization or the Agency, as the case may be, may | 5 |
| submit a copy of
such application to the federally-recognized | 6 |
| professional standards
review organization, if any, and | 7 |
| appropriate local health planning
organization, if any, | 8 |
| existing in the area where the proposed project is
to occur. | 9 |
| Such organizations may review the application for a permit and
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| submit, within 30 days from the receipt of the application, a | 11 |
| finding to
the agency or to the areawide health planning | 12 |
| organization, as the case
may be. A review and finding by a | 13 |
| federally-recognized professional
standards review | 14 |
| organization must be relevant to the activities for
which such | 15 |
| organization is recognized, and shall be considered by the
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| Agency or the areawide health planning organization, as the | 17 |
| case may be,
in its review of the application.
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| The State Board shall prescribe and provide the forms upon | 19 |
| which the
review and finding of the organization shall be made. | 20 |
| The recognized
areawide health planning organizations shall | 21 |
| submit their review and
finding to the Agency for its finding | 22 |
| on the application and transmittal
to the State Board for its | 23 |
| consideration of denial or approval.
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| If there is no areawide health planning organization in the | 25 |
| area
where the proposed establishment, construction or | 26 |
| modification of a
health care facility is to occur, then the | 27 |
| Agency shall be afforded a
reasonable time, but not to exceed | 28 |
| 120 days, for its review and finding
thereon. The Agency shall | 29 |
| submit its review and finding to the State
Board for its | 30 |
| approval or denial of the permit.
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| When an application for a permit is initially reviewed by a
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| recognized areawide health planning organization or the | 33 |
| Agency, as
herein provided, the organization or the Agency, as | 34 |
| the case may be,
shall ensure that a public hearing is |
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| conducted if a written request for a public hearing is received | 2 |
| before the end of the comment period or if the Agency | 3 |
| determines that a hearing is in the public interest. The
afford | 4 |
| an opportunity for a public hearing shall be held within a | 5 |
| reasonable time
after receipt of
the complete application, not | 6 |
| to exceed 90 days. Notice of such hearing
shall be made | 7 |
| promptly by certified mail to the applicant and members of the | 8 |
| General Assembly in whose district the facility is, or will be, | 9 |
| located, by posting the notice on the Agency's web site,
and, | 10 |
| within 20
10
days before
of the hearing, by publication on 3 | 11 |
| consecutive days in a newspaper of general
circulation in the | 12 |
| area or community to be affected. For hearings pertaining to | 13 |
| facilities located within a metropolitan statistical area, | 14 |
| notice of the hearing must be made by publication on 3 | 15 |
| consecutive days in 2 newspapers of general circulation in the | 16 |
| area or community to be affected. Such hearing shall
be | 17 |
| conducted in the area or community where the proposed project | 18 |
| is to occur,
and
shall be for the purpose of allowing the | 19 |
| applicant and any interested
person to present public testimony | 20 |
| concerning the approval, denial,
renewal or revocation of the | 21 |
| permit. All interested persons attending
such hearing shall be | 22 |
| given reasonable opportunity to present their
views or | 23 |
| arguments in writing or orally, and a record of all such
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| testimony shall accompany any recommendation of the Agency or | 25 |
| the
recognized areawide health planning organization for the | 26 |
| issuance, denial,
revocation or renewal of a permit to the | 27 |
| State Board. The State Board
shall promulgate reasonable rules | 28 |
| and regulations governing the
procedure and conduct of such | 29 |
| hearings.
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| (Source: P.A. 88-18 .)
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.".
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