SB1332ham002 93rd General Assembly


                                     LRB093 09788 AMC 16555 a

 1                    AMENDMENT TO SENATE BILL 1332

 2        AMENDMENT NO.     .  Amend Senate Bill 1332 by  replacing
 3    the title with the following:
 4        "AN ACT concerning health facilities."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5. The Illinois Health Facilities  Planning  Act
 8    is  amended  by changing Sections 3, 4, 5.3, 6, 10, 12, 12.2,
 9    13, and 19.6 and by adding Section 12.3 as follows:

10        (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
11        (Section scheduled to be repealed on July 1, 2003)
12        Sec. 3.  Definitions.  As used in this Act:
13        "Health care facilities" means and includes the following
14    facilities and organizations:
15             1.  An ambulatory surgical treatment center required
16        to  be  licensed  pursuant  to  the  Ambulatory  Surgical
17        Treatment Center Act;
18             2.  An  institution,  place,  building,  or   agency
19        required   to   be  licensed  pursuant  to  the  Hospital
20        Licensing Act;
21             3.  Skilled  and   intermediate   long   term   care
                            -2-      LRB093 09788 AMC 16555 a
 1        facilities licensed under the Nursing Home Care Act;
 2             3.  Skilled   and   intermediate   long   term  care
 3        facilities licensed under the Nursing Home Care Act;
 4             4.  Hospitals, nursing  homes,  ambulatory  surgical
 5        treatment  centers,  or  kidney disease treatment centers
 6        maintained by the  State  or  any  department  or  agency
 7        thereof;
 8             5.  Kidney  disease  treatment  centers, including a
 9        free-standing hemodialysis unit; and
10             6.  An institution, place, building,  or  room  used
11        for  the  performance  of  outpatient surgical procedures
12        that is leased, owned, or operated by or on behalf of  an
13        out-of-state facility.
14        No  federally  owned  facility  shall  be  subject to the
15    provisions of  this  Act,  nor  facilities  used  solely  for
16    healing by prayer or spiritual means.
17        No  facility  licensed  under  the  Supportive Residences
18    Licensing Act or the Assisted Living and Shared  Housing  Act
19    shall be subject to the provisions of this Act.
20        A  facility  designated  as  a supportive living facility
21    that is in  good  standing  with  the  demonstration  project
22    established  under Section 5-5.01a of the Illinois Public Aid
23    Code shall not be subject to the provisions of this Act.
24        This Act does not apply  to  facilities  granted  waivers
25    under Section 3-102.2 of the Nursing Home Care Act.  However,
26    if  a  demonstration  project  under  that  Act applies for a
27    certificate of need to convert  to  a  nursing  facility,  it
28    shall meet the licensure and certificate of need requirements
29    in effect as of the date of application.
30        This Act shall not apply to the closure of an entity or a
31    portion of an entity licensed under the Nursing Home Care Act
32    that  elects  to convert, in whole or in part, to an assisted
33    living or shared housing  establishment  licensed  under  the
34    Assisted Living and Shared Housing Establishment Act.
                            -3-      LRB093 09788 AMC 16555 a
 1        With  the  exception  of  those  health  care  facilities
 2    specifically  included  in  this Section, nothing in this Act
 3    shall be intended to include facilities operated as a part of
 4    the practice of a physician or  other  licensed  health  care
 5    professional,  whether  practicing in his individual capacity
 6    or within the legal structure of any partnership, medical  or
 7    professional   corporation,   or  unincorporated  medical  or
 8    professional group. Further, this  Act  shall  not  apply  to
 9    physicians  or  other  licensed  health  care  professional's
10    practices  where  such practices are carried out in a portion
11    of a health care facility under  contract  with  such  health
12    care facility by a physician or by other licensed health care
13    professionals,  whether practicing in his individual capacity
14    or within the legal structure of any partnership, medical  or
15    professional   corporation,   or  unincorporated  medical  or
16    professional groups.  This Act shall apply to construction or
17    modification  and  to  establishment  by  such  health   care
18    facility  of  such  contracted  portion  which  is subject to
19    facility licensing requirements, irrespective  of  the  party
20    responsible   for   such   action   or   attendant  financial
21    obligation.
22        "Person" means any one or  more  natural  persons,  legal
23    entities,  governmental  bodies  other  than  federal, or any
24    combination thereof.
25        "Consumer" means any person other than a person (a) whose
26    major  occupation  currently  involves  or   whose   official
27    capacity   within   the  last  12  months  has  involved  the
28    providing, administering or financing of any type  of  health
29    care  facility,  (b) who is engaged in health research or the
30    teaching of health, (c) who has a material financial interest
31    in any activity which involves the  providing,  administering
32    or  financing of any type of health care facility, or (d) who
33    is or ever has been a member of the immediate family  of  the
34    person defined by (a), (b), or (c).
                            -4-      LRB093 09788 AMC 16555 a
 1        "State Board" means the Health Facilities Planning Board.
 2        "Construction  or  modification" means the establishment,
 3    erection,     building,      alteration,      reconstruction,
 4    modernization,   improvement,   extension,   discontinuation,
 5    change  of ownership, of or by a health care facility, or the
 6    purchase or acquisition by or through a health care  facility
 7    of   equipment  or  service  for  diagnostic  or  therapeutic
 8    purposes or for facility administration or operation, or  any
 9    capital  expenditure  made  by  or on behalf of a health care
10    facility  which  exceeds  the  capital  expenditure  minimum;
11    however, any capital expenditure made by or on  behalf  of  a
12    health  care facility for the construction or modification of
13    a facility licensed under  the  Assisted  Living  and  Shared
14    Housing Act shall be excluded from any obligations under this
15    Act.
16        "Establish"  means  the  construction  of  a  health care
17    facility or  the  replacement  of  an  existing  facility  on
18    another site.
19        "Major  medical  equipment" means medical equipment which
20    is used  for  the  provision  of  medical  and  other  health
21    services and which costs in excess of the capital expenditure
22    minimum,  except  that  such  term  does  not include medical
23    equipment acquired by or on behalf of a  clinical  laboratory
24    to  provide  clinical  laboratory  services  if  the clinical
25    laboratory is independent  of  a  physician's  office  and  a
26    hospital  and it has been determined under Title XVIII of the
27    Social Security Act to meet the  requirements  of  paragraphs
28    (10) and (11) of Section 1861(s) of such Act.  In determining
29    whether  medical  equipment  has  a  value  in  excess of the
30    capital expenditure minimum, the value of  studies,  surveys,
31    designs,  plans,  working drawings, specifications, and other
32    activities essential to the  acquisition  of  such  equipment
33    shall be included.
34        "Capital  Expenditure" means an expenditure:  (A) made by
                            -5-      LRB093 09788 AMC 16555 a
 1    or on behalf of a health care facility (as such a facility is
 2    defined in this Act); and (B) which under generally  accepted
 3    accounting  principles  is  not  properly  chargeable  as  an
 4    expense of operation and maintenance, or is made to obtain by
 5    lease  or comparable arrangement any facility or part thereof
 6    or any equipment for a facility or part;  and  which  exceeds
 7    the capital expenditure minimum.
 8        For  the  purpose  of  this  paragraph,  the  cost of any
 9    studies,   surveys,   designs,   plans,   working   drawings,
10    specifications,  and  other  activities  essential   to   the
11    acquisition,  improvement,  expansion,  or replacement of any
12    plant or equipment with respect to which  an  expenditure  is
13    made  shall  be  included  in determining if such expenditure
14    exceeds  the  capital  expenditures  minimum.  Donations   of
15    equipment  or  facilities  to a health care facility which if
16    acquired directly by such facility would be subject to review
17    under this Act shall be considered capital expenditures,  and
18    a  transfer  of  equipment  or  facilities for less than fair
19    market value shall be considered a  capital  expenditure  for
20    purposes  of  this  Act  if  a  transfer  of the equipment or
21    facilities at fair market value would be subject to review.
22        "Capital expenditure  minimum"  means  $6,000,000,  which
23    shall  be  annually  adjusted  to  reflect  the  increase  in
24    construction  costs  due  to  inflation,  for  major  medical
25    equipment  and  for all other capital expenditures; provided,
26    however,  that  when  a  capital  expenditure  is   for   the
27    construction  or modification of a health and fitness center,
28    "capital expenditure minimum" means the  capital  expenditure
29    minimum for all other capital expenditures in effect on March
30    1,  2000,  which  shall  be  annually adjusted to reflect the
31    increase in construction costs due to inflation.
32        "Non-clinical service area" means an  area  (i)  for  the
33    benefit  of  the patients, visitors, staff, or employees of a
34    health care facility and (ii) not  directly  related  to  the
                            -6-      LRB093 09788 AMC 16555 a
 1    diagnosis,  treatment, or rehabilitation of persons receiving
 2    services  from  the  health  care  facility.    "Non-clinical
 3    service areas" include, but are not limited to, chapels; gift
 4    shops;  news stands; computer systems; tunnels, walkways, and
 5    elevators; telephone systems; projects to  comply  with  life
 6    safety   codes;   educational  facilities;  student  housing;
 7    patient,  employee,  staff,   and   visitor   dining   areas;
 8    administration   and   volunteer  offices;  modernization  of
 9    structural components (such as roof replacement  and  masonry
10    work);  boiler repair or replacement; vehicle maintenance and
11    storage facilities; parking  facilities;  mechanical  systems
12    for  heating,  ventilation,  and  air  conditioning;  loading
13    docks;  and  repair  or  replacement of carpeting, tile, wall
14    coverings, window  coverings  or  treatments,  or  furniture.
15    Solely  for  the  purpose  of  this definition, "non-clinical
16    service area" does not include health and fitness centers.
17        "Areawide" means a major area of the State delineated  on
18    a  geographic,  demographic,  and functional basis for health
19    planning and for health service and having within it  one  or
20    more local areas for health planning and health service.  The
21    term  "region",  as contrasted with the term "subregion", and
22    the word "area"  may  be  used  synonymously  with  the  term
23    "areawide".
24        "Local"  means  a subarea of a delineated major area that
25    on a geographic, demographic, and  functional  basis  may  be
26    considered   to  be  part  of  such  major  area.   The  term
27    "subregion" may be used synonymously with the term "local".
28        "Areawide health planning organization" or "Comprehensive
29    health planning organization" means the health systems agency
30    designated by the Secretary, Department of Health  and  Human
31    Services or any successor agency.
32        "Local  health  planning  organization" means those local
33    health planning organizations that are designated as such  by
34    the  areawide health planning organization of the appropriate
                            -7-      LRB093 09788 AMC 16555 a
 1    area.
 2        "Physician"  means  a  person  licensed  to  practice  in
 3    accordance with the Medical Practice Act of 1987, as amended.
 4        "Licensed  health  care  professional"  means  a   person
 5    licensed  to  practice  a  health  profession under pertinent
 6    licensing statutes of the State of Illinois.
 7        "Director" means the  Director of the Illinois Department
 8    of Public Health.
 9        "Agency" means the Illinois Department of Public Health.
10        "Comprehensive health  planning"  means  health  planning
11    concerned  with  the  total  population  and  all  health and
12    associated problems that affect the well-being of people  and
13    that encompasses health services, health manpower, and health
14    facilities;  and  the coordination among these and with those
15    social,  economic,  and  environmental  factors  that  affect
16    health.
17        "Alternative health  care  model"  means  a  facility  or
18    program authorized under the Alternative Health Care Delivery
19    Act.
20        "Out-of-state  facility"  means a person that is both (i)
21    licensed as a hospital or as  an  ambulatory  surgery  center
22    under  the  laws  of  another  state  or  that qualifies as a
23    hospital or an ambulatory surgery  center  under  regulations
24    adopted  pursuant  to  the  Social  Security Act and (ii) not
25    licensed under the Ambulatory Surgical Treatment Center  Act,
26    the  Hospital  Licensing  Act,  or the Nursing Home Care Act.
27    Affiliates of out-of-state  facilities  shall  be  considered
28    out-of-state  facilities.   Affiliates  of  Illinois licensed
29    health care facilities 100% owned  by  an  Illinois  licensed
30    health  care  facility,  its  parent,  or Illinois physicians
31    licensed to practice medicine in all its branches  shall  not
32    be  considered  out-of-state  facilities.   Nothing  in  this
33    definition  shall  be  construed  to include an office or any
34    part of  an  office  of  a  physician  licensed  to  practice
                            -8-      LRB093 09788 AMC 16555 a
 1    medicine in all its branches in Illinois that is not required
 2    to be licensed under the Ambulatory Surgical Treatment Center
 3    Act.
 4        "Change  of  ownership of a health care facility" means a
 5    change in the person who has ownership or control of a health
 6    care facility's physical plant and capital assets.  A  change
 7    in  ownership  is  indicated  by  the following transactions:
 8    sale, transfer, acquisition, lease, change of sponsorship, or
 9    other means of transferring control.
10        "Related person" means any person that: (i) is  at  least
11    50%  owned, directly or indirectly, by either the health care
12    facility or a person owning, directly or indirectly, at least
13    50% of the health care facility; or (ii)  owns,  directly  or
14    indirectly, at least 50% of the health care facility.
15    (Source: P.A.   90-14,  eff.  7-1-97;  91-656,  eff.  1-1-01;
16    91-782, eff. 6-9-00; revised 11-6-02.)

17        (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
18        (Section scheduled to be repealed on July 1, 2003)
19        Sec. 4.  Health Facilities  Planning  Board;  membership;
20    appointment;  term;  compensation;  quorum.  There is created
21    the Health Facilities Planning Board, which shall perform the
22    such functions as hereinafter described in this Act.
23        Notwithstanding any provision  of  this  Section  to  the
24    contrary,  the  term  of  office  of each member of the State
25    Board is abolished on the effective date of  this  amendatory
26    Act  of  the 93rd General Assembly, but all incumbent members
27    shall continue to exercise all of the powers and  be  subject
28    to  all of the duties of members of the State Board until all
29    new members of the 9-member State Board authorized under this
30    amendatory Act of the 93rd General Assembly are appointed and
31    take  office.  Beginning  on  the  effective  date  of   this
32    amendatory  Act of the 93rd General Assembly, the State Board
33    shall consist of 9 voting members. The terms of the 9 members
                            -9-      LRB093 09788 AMC 16555 a
 1    appointed to the State Board under this amendatory Act of the
 2    93rd General Assembly shall commence on the effective date of
 3    this amendatory Act of the 93rd General Assembly and  run  as
 4    follows:  (i) 3 members shall serve for a term ending July 1,
 5    2004; (ii) 3 members shall serve for a term  ending  July  1,
 6    2005;  and (iii) 3 members shall serve for a term ending July
 7    1, 2006. The State Board shall consist of 15 voting  members,
 8    including:  8  consumer  members; one member representing the
 9    commercial health insurance industry in Illinois; one  member
10    representing   hospitals  in  Illinois;  one  member  who  is
11    actively engaged in the field  of  hospital  management;  one
12    member  who  is  a professional nurse registered in Illinois;
13    one member who is a  physician  in  active  private  practice
14    licensed  in  Illinois  to  practice  medicine  in all of its
15    branches; one member who is actively engaged in the field  of
16    skilled nursing or intermediate care facility management; and
17    one  member  who is actively engaged in the administration of
18    an ambulatory surgical treatment center  licensed  under  the
19    Ambulatory Surgical Treatment Center Act.
20        The  State Board shall be appointed by the Governor, with
21    the  advice  and  consent  of  the  Senate.  In  making   the
22    appointments,   the  Governor  shall  give  consideration  to
23    recommendations made by (1)  the  professional  organizations
24    concerned   with   hospital   management   for  the  hospital
25    management  appointment,   (2)   professional   organizations
26    concerned  with  long  term  care facility management for the
27    long  term  care   facility   management   appointment,   (3)
28    professional   medical   organizations   for   the  physician
29    appointment, (4) professional nursing organizations  for  the
30    nurse   appointment,   and   (5)  professional  organizations
31    concerned with ambulatory surgical treatment centers for  the
32    ambulatory  surgical  treatment center appointment, and shall
33    appoint  as  consumer  members  individuals   familiar   with
34    community  health  needs but whose interest in the operation,
                            -10-     LRB093 09788 AMC 16555 a
 1    construction or utilization of  health  care  facilities  are
 2    derived   from  factors  other  than  those  related  to  his
 3    profession, business, or economic gain, and who represent, so
 4    far as possible, different geographic areas of the State. Not
 5    more than 5 8 of  the  appointments  shall  be  of  the  same
 6    political  party.  No  person  shall  be appointed as a State
 7    Board member if that person has served, after  the  effective
 8    date  of  this amendatory Act of the 93rd General Assembly, 2
 9    consecutive 3-year terms as a State Board member, except  for
10    ex officio non-voting members.
11        The  Secretary  of Human Services, the Director of Public
12    Aid, and the Director of Public Health, or  their  designated
13    representatives,   shall   serve  as  ex-officio,  non-voting
14    members of the State Board.
15        Of those appointed by the  Governor  as  voting  members,
16    each  member  shall  hold  office  for  a  term  of  3 years:
17    provided,  that  any  member  appointed  to  fill  a  vacancy
18    occurring prior to the expiration of the term for  which  his
19    predecessor   was   appointed  shall  be  appointed  for  the
20    remainder of such  term  and  the  term  of  office  of  each
21    successor  shall  commence on July 1 of the year in which his
22    predecessor's term expires. In making  original  appointments
23    to  the State Board, the Governor shall appoint 5 members for
24    a term of one year, 5 for a term of 2 years, and 3 for a term
25    of 3 years, and each of these terms of office shall  commence
26    on  July  1, 1974. The initial term of office for the members
27    appointed under this amendatory Act of 1996  shall  begin  on
28    July  1, 1996 and shall last for 2 years, and each subsequent
29    appointment shall be for a term of 3 years. Each member shall
30    hold office until his successor is appointed and qualified.
31        State Board members, while serving  on  business  of  the
32    State  Board,  shall  receive actual and necessary travel and
33    subsistence expenses while so serving away from their  places
34    of  residence.  In addition, while serving on business of the
                            -11-     LRB093 09788 AMC 16555 a
 1    State Board, each member shall receive compensation  of  $150
 2    per  day,  except  that  such  compensation  shall not exceed
 3    $7,500 in any one year for any member.
 4        The State Board shall provide for  its  own  organization
 5    and  procedures,  including  the  selection of a Chairman and
 6    such other officers as deemed necessary. The  Director,  with
 7    concurrence  of  the  State  Board,  shall  name as full-time
 8    Executive Secretary of the State Board, a person qualified in
 9    health care facility planning  and  in  administration.   The
10    Agency shall provide administrative and staff support for the
11    State  Board.   The  State Board shall advise the Director of
12    its budgetary and staff needs and consult with  the  Director
13    on annual budget preparation.
14        The State Board shall meet at least once each quarter, or
15    as  often as the Chairman of the State Board deems necessary,
16    or upon the request of a majority of the members.
17        A majority of the voting Eight members of the State Board
18    who currently hold office shall constitute  a  quorum.    The
19    affirmative vote of a majority 8 of the voting members of the
20    State  Board who currently hold office shall be necessary for
21    any action requiring a vote to be taken by the State Board. A
22    vacancy in the membership of the State Board shall not impair
23    the right of a quorum to exercise all the rights and  perform
24    all the duties of the State Board as provided by this Act.
25        A  State Board member shall disqualify himself or herself
26    from the consideration of any application  for  a  permit  or
27    exemption  in which the State Board member or the State Board
28    member's spouse,  parent,  or  child:  (i)  has  an  economic
29    interest  in  the matter; or (ii) is employed by, serves as a
30    consultant for, or is a member of the governing board of  the
31    applicant or a party opposing the application.
32    (Source: P.A. 90-14, eff. 7-1-97; 91-782, eff. 6-9-00.)

33        (20 ILCS 3960/5.3)
                            -12-     LRB093 09788 AMC 16555 a
 1        (Section scheduled to be repealed on July 1, 2003)
 2        Sec.  5.3.  Annual  report  of  capital expenditures.  In
 3    addition to the State Board's authority to  require  reports,
 4    the  State  Board  shall require each health care facility to
 5    submit an annual report of all capital expenditures in excess
 6    of $200,000 (which shall be annually adjusted to reflect  the
 7    increase  in construction costs due to inflation) made by the
 8    health care facility during  the  most  recent  year.    This
 9    annual  report  shall  consist  of a brief description of the
10    capital expenditure, the amount and method of  financing  the
11    capital  expenditure,  the certificate of need project number
12    if the project was reviewed, and the total amount of  capital
13    expenditures  obligated  for  the  year.  Data collected from
14    health care facilities pursuant to  this  Section  shall  not
15    duplicate  or  overlap other data collected by the Department
16    and must be collected as  part  of  the  Department's  Annual
17    Questionnaires or supplements for health care facilities that
18    report these data.
19    (Source: P.A. 91-782, eff. 6-9-00.)

20        (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
21        (Section scheduled to be repealed on July 1, 2003)
22        Sec.  6.  Application  for permit or exemption; exemption
23    regulations.
24        (a)  An application for a permit or  exemption  shall  be
25    made  to  the  State  Board  upon forms provided by the State
26    Board.  This application shall contain  such  information  as
27    the  State  Board  deems  necessary.  Such  application shall
28    include affirmative evidence on which the Director  may  make
29    the  findings  required under this Section and upon which the
30    State Board may make its decision on the approval  or  denial
31    of the permit or exemption.
32        (b)  The  State  Board  shall establish by regulation the
33    procedures and requirements regarding issuance of exemptions.
                            -13-     LRB093 09788 AMC 16555 a
 1    An exemption shall be approved when information  required  by
 2    the  Board  by  rule  is  submitted. Projects eligible for an
 3    exemption, rather than a permit, include, but are not limited
 4    to, change of ownership of a  health  care  facility.  For  a
 5    change of ownership of a health care facility between related
 6    persons,  the  State  Board  shall  provide  by  rule  for an
 7    expedited process for obtaining an exemption.
 8        (c)  All applications shall be signed  by  the  applicant
 9    and shall be verified by any 2 officers thereof.
10        (d)  Upon  receipt  of  an  application for a permit, the
11    State Board shall approve and authorize  the  issuance  of  a
12    permit  if  it  finds (1) that the applicant is fit, willing,
13    and able to provide a proper standard of health care  service
14    for   the   community   with   particular   regard   to   the
15    qualification, background and character of the applicant, (2)
16    that  economic feasibility is demonstrated in terms of effect
17    on  the  existing  and  projected  operating  budget  of  the
18    applicant and of the health care facility; in  terms  of  the
19    applicant's ability to establish and operate such facility in
20    accordance   with  licensure  regulations  promulgated  under
21    pertinent state laws; and in terms of the projected impact on
22    the total  health  care  expenditures  in  the  facility  and
23    community, (3) that safeguards are provided which assure that
24    the establishment, construction or modification of the health
25    care  facility  or  acquisition of major medical equipment is
26    consistent  with  the  public  interest,  and  (4)  that  the
27    proposed project is consistent with the orderly and  economic
28    development of such facilities and equipment and is in accord
29    with  standards,  criteria,  or  plans  of  need  adopted and
30    approved pursuant to the provisions of  Section  12  of  this
31    Act.
32    (Source: P.A. 88-18.)

33        (20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
                            -14-     LRB093 09788 AMC 16555 a
 1        (Section scheduled to be repealed on July 1, 2003)
 2        Sec. 10.  Presenting information relevant to the approval
 3    of  a permit or certificate or in opposition to the denial of
 4    the application; notice of outcome  and  review  proceedings.
 5    When  a  motion by the State Board, to approve an application
 6    for a permit or a certificate of recognition, fails to  pass,
 7    or  when  a  motion  to deny an application for a permit or a
 8    certificate of recognition is passed, the  applicant  or  the
 9    holder  of  the  permit,  as  the case may be, and such other
10    parties  as  the  State  Board  permits,  will  be  given  an
11    opportunity to appear before the State Board and present such
12    information as may be relevant to the approval of a permit or
13    certificate  or  in  opposition  to   the   denial   of   the
14    application.
15        Subsequent  to  an appearance by the applicant before the
16    State Board or default  of  such  opportunity  to  appear,  a
17    motion  by  the  State  Board to approve an application for a
18    permit or a certificate of recognition which fails to pass or
19    a motion to deny an application for a permit or a certificate
20    of recognition  which passes shall be  considered  denial  of
21    the  application  for a permit or certificate of recognition,
22    as the case may be.  Such action of denial or  an  action  by
23    the  State  Board  to  revoke  a  permit  or a certificate of
24    recognition shall be communicated to the applicant or  holder
25    of  the permit or certificate of recognition.  Such person or
26    organization shall be afforded an opportunity for  a  hearing
27    before  a  hearing  officer, who is appointed by the Director
28    State Board.  A written notice of a request for such  hearing
29    shall  be  served upon the Chairman of the State Board within
30    30 days following notification of the decision of  the  State
31    Board.   The  State  Board  shall schedule a hearing, and the
32    Director Chairman shall appoint a hearing officer  within  30
33    days  thereafter.   The  hearing  officer  shall take actions
34    necessary to ensure that the hearing is  completed  within  a
                            -15-     LRB093 09788 AMC 16555 a
 1    reasonable  period of time, but not to exceed 90 days, except
 2    for delays or continuances agreed to by the person requesting
 3    the hearing.  Following its consideration of  the  report  of
 4    the hearing, or upon default of the party to the hearing, the
 5    State  Board  shall  make its final determination, specifying
 6    its findings and conclusions within 45 days of receiving  the
 7    written  report of the hearing.  A copy of such determination
 8    shall be sent by certified mail or served personally upon the
 9    party.
10        A  full  and  complete  record  shall  be  kept  of   all
11    proceedings,  including the notice of hearing, complaint, and
12    all other documents  in  the  nature  of  pleadings,  written
13    motions  filed  in the proceedings, and the report and orders
14    of the State Board or hearing officer. All testimony shall be
15    reported but need not be transcribed unless the  decision  is
16    appealed in accordance with the Administrative Review Law, as
17    now or hereafter amended.  A copy or copies of the transcript
18    may  be  obtained  by  any interested party on payment of the
19    cost of preparing such copy or copies.
20        The State Board or hearing officer shall upon its own  or
21    his   motion,  or  on the written request of any party to the
22    proceeding who has, in the State Board's or hearing officer's
23    opinion, demonstrated the relevancy of such  request  to  the
24    outcome  of  the  proceedings,  issue subpoenas requiring the
25    attendance and the giving  of  testimony  by  witnesses,  and
26    subpoenas  duces  tecum  requiring  the  production of books,
27    papers, records, or memoranda.  The  fees  of  witnesses  for
28    attendance  and  travel  shall  be  the  same  as the fees of
29    witnesses before the circuit court of this State.
30        When the witness is subpoenaed at  the  instance  of  the
31    State  Board, or its hearing officer, such fees shall be paid
32    in the same manner as other expenses of the Agency, and  when
33    the  witness is subpoenaed at the instance of any other party
34    to any such proceeding the State  Board  may,  in  accordance
                            -16-     LRB093 09788 AMC 16555 a
 1    with  the  rules  of  the  Agency,  require  that the cost of
 2    service of the subpoena or subpoena duces tecum and  the  fee
 3    of  the  witness  be borne by the party at whose instance the
 4    witness is summoned. In such case, the  State  Board  in  its
 5    discretion,  may  require a deposit to cover the cost of such
 6    service and witness fees. A subpoena or subpoena duces  tecum
 7    so  issued  shall  be served in the same manner as a subpoena
 8    issued out of a court.
 9        Any circuit court of this State upon the  application  of
10    the State Board or upon the application of any other party to
11    the proceeding, may, in its discretion, compel the attendance
12    of  witnesses,  the  production of books, papers, records, or
13    memoranda and the  giving  of  testimony  before  it  or  its
14    hearing  officer  conducting  an  investigation  or holding a
15    hearing  authorized  by  this  Act,  by  an  attachment   for
16    contempt,  or  otherwise, in the same manner as production of
17    evidence may be compelled before the court.
18    (Source: P.A. 88-18; 89-276, eff. 8-10-96.)

19        (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
20        (Section scheduled to be repealed on July 1, 2003)
21        Sec. 12.  Powers and duties of State Board.  For purposes
22    of this Act, the State Board  shall  exercise  the  following
23    powers and duties:
24        (1)  Prescribe  rules,  regulations, standards, criteria,
25    procedures or reviews which may vary according to the purpose
26    for which a particular review is being conducted or the  type
27    of  project  reviewed and which are required to carry out the
28    provisions and purposes of this Act.
29        (2)  Adopt procedures for public notice  and  hearing  on
30    all  proposed  rules,  regulations,  standards, criteria, and
31    plans required to carry out the provisions of this Act.
32        (3)  Prescribe  criteria  for  recognition  for  areawide
33    health planning organizations, including, but not limited to,
                            -17-     LRB093 09788 AMC 16555 a
 1    standards for evaluating the scientific bases  for  judgments
 2    on need and procedure for making these determinations.
 3        (4)  Develop  criteria  and  standards  for  health  care
 4    facilities  planning, conduct statewide inventories of health
 5    care  facilities,  maintain  an  updated  inventory  on   the
 6    Department's  web  site  reflecting  the  most recent bed and
 7    service changes and  updated  need  determinations  when  new
 8    census  data  become  available  or  new  need  formulae  are
 9    adopted,  and  develop health care facility plans which shall
10    be utilized in the review of applications  for  permit  under
11    this Act.  Such health facility plans shall be coordinated by
12    the  Agency  with  the  health  care  facility plans areawide
13    health planning organizations and with other pertinent  State
14    Plans.
15        In developing health care facility plans, the State Board
16    shall consider, but shall not be limited to, the following:
17             (a)  The   size,   composition  and  growth  of  the
18        population of the area to be served;
19             (b)  The number of existing and  planned  facilities
20        offering similar programs;
21             (c)  The   extent   of   utilization   of   existing
22        facilities;
23             (d)  The  availability of facilities which may serve
24        as alternatives or substitutes;
25             (e)  The availability of personnel necessary to  the
26        operation of the facility;
27             (f)  Multi-institutional     planning     and    the
28        establishment  of   multi-institutional   systems   where
29        feasible;
30             (g)  The   financial  and  economic  feasibility  of
31        proposed construction or modification; and
32             (h)  In  the  case   of   health   care   facilities
33        established  by  a  religious  body  or denomination, the
34        needs  of  the  members  of  such   religious   body   or
                            -18-     LRB093 09788 AMC 16555 a
 1        denomination may be considered to be public need.
 2        The  health  care  facility plans which are developed and
 3    adopted in accordance with this Section shall form the  basis
 4    for  the  plan  of  the  State  to deal most effectively with
 5    statewide health needs in regard to health care facilities.
 6        (5)  Coordinate  with   other   state   agencies   having
 7    responsibilities  affecting health care facilities, including
 8    those of licensure and cost reporting.
 9        (6)  Solicit, accept, hold and administer  on  behalf  of
10    the  State  any  grants  or  bequests of money, securities or
11    property for use by the State Board  or  recognized  areawide
12    health  planning  organizations in the administration of this
13    Act;  and  enter   into   contracts   consistent   with   the
14    appropriations for purposes enumerated in this Act.
15        (7)  The  State  Board  shall  prescribe, in consultation
16    with the recognized areawide health  planning  organizations,
17    procedures for review, standards, and criteria which shall be
18    utilized to make periodic areawide reviews and determinations
19    of  the appropriateness of any existing health services being
20    rendered by health care facilities subject to the  Act.   The
21    State  Board  shall  consider recommendations of the areawide
22    health planning organization and the  Agency  in  making  its
23    determinations.
24        (8)  Prescribe,   in  consultation  with  the  recognized
25    areawide health planning organizations,  rules,  regulations,
26    standards,  and  criteria  for  the conduct of an expeditious
27    review  of  applications  for   permits   for   projects   of
28    construction or modification of a health care facility, which
29    projects are non-substantive in nature.  Such rules shall not
30    abridge  the  right of areawide health planning organizations
31    to make recommendations on the classification and approval of
32    projects, nor shall such  rules  prevent  the  conduct  of  a
33    public  hearing  upon  the  timely  request  of an interested
34    party.  Such reviews shall not exceed 60 days from  the  date
                            -19-     LRB093 09788 AMC 16555 a
 1    the application is declared to be complete by the Agency.
 2        (9)  Prescribe   rules,   regulations,   standards,   and
 3    criteria   pertaining   to   the   granting  of  permits  for
 4    construction and modifications which are emergent  in  nature
 5    and  must  be  undertaken  immediately  to prevent or correct
 6    structural deficiencies or hazardous conditions that may harm
 7    or injure persons using the facility, as defined in the rules
 8    and regulations of the State Board. This procedure is  exempt
 9    from public hearing requirements of this Act.
10        (10)  Prescribe   rules,   regulations,   standards   and
11    criteria  for  the  conduct  of  an  expeditious  review, not
12    exceeding 60 days, of applications for permits  for  projects
13    to  construct  or  modify  health  care  facilities which are
14    needed for  the  care  and  treatment  of  persons  who  have
15    acquired   immunodeficiency   syndrome   (AIDS)   or  related
16    conditions.
17    (Source: P.A. 88-18; 89-276, eff. 8-10-95.)

18        (20 ILCS 3960/12.2)
19        (Section scheduled to be repealed on July 1, 2003)
20        Sec. 12.2.  Powers of the Agency.  For purposes  of  this
21    Act,  the  Agency  shall  exercise  the  following powers and
22    duties:
23        (1)  Review applications for permits  and  exemptions  in
24    accordance  with  the  standards, criteria, and plans of need
25    established by the State Board under this Act and certify its
26    finding to the State Board.
27        (1.5)  Post the following on the Department's  web  site:
28    relevant  (i)  rules,  (ii)  standards,  (iii) criteria, (iv)
29    State norms, (v) references used by Agency  staff  in  making
30    determinations  about  whether  application criteria are met,
31    and (vi) notices of project-related filings, including notice
32    of public comments related to the application.
33        (2)  Charge and collect an amount determined by the State
                            -20-     LRB093 09788 AMC 16555 a
 1    Board  to  be  reasonable  fees   for   the   processing   of
 2    applications   by  the  State  Board,  the  Agency,  and  the
 3    appropriate recognized areawide health planning organization.
 4    The State Board shall set the amounts by rule.  All fees  and
 5    fines  collected  under  the  provisions of this Act shall be
 6    deposited into the Illinois Health Facilities  Planning  Fund
 7    to be used for the expenses of administering this Act.
 8        (3)  Coordinate   with   other   State   agencies  having
 9    responsibilities affecting health care facilities,  including
10    those of licensure and cost reporting.
11    (Source: P.A. 89-276, eff. 8-10-95; 90-14, eff. 7-1-97.)

12        (20 ILCS 3960/12.3 new)
13        (Section scheduled to be repealed on July 1, 2003)
14        Sec.  12.3.  Revision  of criteria, standards, and rules.
15    Before December 31,  2004,  the  State  Board  shall  review,
16    revise,  and  promulgate  the  criteria, standards, and rules
17    used to evaluate  applications  for  permit.  To  the  extent
18    practicable,  the  criteria,  standards,  and  rules shall be
19    based on objective criteria. In particular, the review of the
20    criteria, standards, and rules shall consider:
21             (1)  Whether  the  criteria  and  standards  reflect
22        current industry standards and anticipated trends.
23             (2)  Whether  the  criteria  and  standards  can  be
24        reduced or eliminated.
25             (3)  Whether criteria and standards can be developed
26        to authorize the construction  of  unfinished  space  for
27        future  use  when the ultimate need for such space can be
28        reasonably projected.
29             (4)  Whether the criteria and  standards  take  into
30        account  issues related to population growth and changing
31        demographics in a community.
32             (5)  Whether facility-defined service  and  planning
33        areas should be recognized.
                            -21-     LRB093 09788 AMC 16555 a
 1        (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
 2        (Section scheduled to be repealed on July 1, 2003)
 3        Sec.  13.  Investigation  of applications for permits and
 4    certificates of recognition. The Agency or  the  State  Board
 5    shall  make  or cause to be made such investigations as it or
 6    the  State  Board  deems  necessary  in  connection  with  an
 7    application for a permit or an application for a  certificate
 8    of  recognition,  or  in  connection  with a determination of
 9    whether or not construction or modification  which  has  been
10    commenced  is  in  accord with the permit issued by the State
11    Board  or  whether  construction  or  modification  has  been
12    commenced without a permit having been obtained.   The  State
13    Board   may   issue   subpoenas  duces  tecum  requiring  the
14    production of  records  and  may  administer  oaths  to  such
15    witnesses.
16        Any  circuit court of this State, upon the application of
17    the State Board or upon the application of any party to  such
18    proceedings, may, in its discretion, compel the attendance of
19    witnesses,  the  production  of  books,  papers,  records, or
20    memoranda and the giving of testimony before the State Board,
21    by a proceeding as for contempt, or otherwise,  in  the  same
22    manner  as production of evidence may be compelled before the
23    court.
24        The State  Board  shall  require  all  health  facilities
25    operating in this State to provide such reasonable reports at
26    such times and containing such information as is needed by it
27    to  carry out the purposes and provisions of this Act.  Prior
28    to collecting information from health facilities,  the  State
29    Board  shall make reasonable efforts through a public process
30    to consult  with  health  facilities  and  associations  that
31    represent  them  to  determine  whether  data and information
32    requests  will  result  in  useful  information  for   health
33    planning,  whether  sufficient  information is available from
34    other  sources,  and  whether  data  requested  is  routinely
                            -22-     LRB093 09788 AMC 16555 a
 1    collected by  health  facilities  and  is  available  without
 2    retrospective  record  review.  Data and information requests
 3    shall not impose  undue  paperwork  burdens  on  health  care
 4    facilities  and  personnel.   Health facilities not complying
 5    with  this  requirement  shall  be  reported  to   licensing,
 6    accrediting,  certifying,  or  payment  agencies  as being in
 7    violation of State law.  Health  care  facilities  and  other
 8    parties at interest shall have reasonable access, under rules
 9    established  by  the State Board, to all planning information
10    submitted in accord with this Act pertaining to their area.
11    (Source: P.A. 89-276, eff. 8-10-95.)

12        (20 ILCS 3960/19.6)
13        (Section scheduled to be repealed on July 1, 2003).
14        Sec. 19.6.  Repeal.  This Act is repealed on July 1, 2008
15    2003.
16    (Source: P.A. 91-782, eff. 6-9-00.)

17        Section 10.  The Hospital Licensing  Act  is  amended  by
18    changing Sections 8, 8.5, and 9.3 and adding Sections 9.4 and
19    9.5 as follows:

20        (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
21        Sec. 8. Facility plan review; fees.
22        (a)  Before  commencing construction of new facilities or
23    specified types of alteration or  additions  to  an  existing
24    hospital  involving major construction, as defined by rule by
25    the Department, with an estimated cost greater than $100,000,
26    architectural plans  and  specifications  therefor  shall  be
27    submitted  by  the  licensee to the Department for review and
28    approval. A hospital may submit  architectural  drawings  and
29    specifications for other construction projects for Department
30    review  according to subsection (b) that shall not be subject
31    to fees under subsection (d).  The  Department  must  give  a
                            -23-     LRB093 09788 AMC 16555 a
 1    hospital  that  is  planning to submit a construction project
 2    for  review  the  opportunity  to  discuss  its   plans   and
 3    specifications   with  the  Department  before  the  hospital
 4    formally submits the plans and specifications for  Department
 5    review.  Review  of  drawings  and  specifications  shall  be
 6    conducted  by  an  employee  of  the  Department  meeting the
 7    qualifications  established  by  the  Department  of  Central
 8    Management  Services  class  specifications   for   such   an
 9    individual's  position  or  by  a person contracting with the
10    Department  who  meets  those  class  specifications.   Final
11    approval  of the plans and specifications for compliance with
12    design and construction standards shall be obtained from  the
13    Department   before   the   alteration,   addition,   or  new
14    construction is begun.
15        (b)  The Department shall inform an applicant in  writing
16    within   10   working   days  after  receiving  drawings  and
17    specifications  and  the  required  fee,  if  any,  from  the
18    applicant whether the applicant's submission is  complete  or
19    incomplete.   Failure  to  provide  the  applicant  with this
20    notice within 10 working days shall result in the  submission
21    being  deemed  complete for purposes of initiating the 60-day
22    review period under  this  Section.   If  the  submission  is
23    incomplete,  the Department shall inform the applicant of the
24    deficiencies  with  the  submission  in  writing.    If   the
25    submission is complete and the required fee, if any, has been
26    paid, the Department shall approve or disapprove drawings and
27    specifications  submitted  to the Department no later than 60
28    days following receipt by the Department.  The  drawings  and
29    specifications  shall be of sufficient detail, as provided by
30    Department  rule,  to  enable  the  Department  to  render  a
31    determination of  compliance  with  design  and  construction
32    standards  under  this Act.  If the Department finds that the
33    drawings are not of sufficient detail  for  it  to  render  a
34    determination of compliance, the plans shall be determined to
                            -24-     LRB093 09788 AMC 16555 a
 1    be  incomplete  and  shall  not be considered for purposes of
 2    initiating the 60 day  review  period.  If  a  submission  of
 3    drawings  and specifications is incomplete, the applicant may
 4    submit additional  information.   The  60-day  review  period
 5    shall  not  commence  until  the Department determines that a
 6    submission of drawings and specifications is complete or  the
 7    submission  is  deemed  complete.  If  the Department has not
 8    approved  or  disapproved  the  drawings  and  specifications
 9    within  60  days,  the  construction,  major  alteration,  or
10    addition shall be  deemed  approved.   If  the  drawings  and
11    specifications are disapproved, the Department shall state in
12    writing,  with  specificity, the reasons for the disapproval.
13    The entity submitting the  drawings  and  specifications  may
14    submit  additional  information  in  response  to the written
15    comments from the Department or request a reconsideration  of
16    the disapproval.  A final decision of approval or disapproval
17    shall be made within 45 days of the receipt of the additional
18    information  or  reconsideration  request.   If  denied,  the
19    Department  shall  state  the specific reasons for the denial
20    and the  applicant  may  elect  to  seek  dispute  resolution
21    pursuant  to  Section  25 of the Illinois Building Commission
22    Act, which the Department must participate in.
23        (c)  The Department shall provide  written  approval  for
24    occupancy  pursuant  to  subsection (g) and shall not issue a
25    violation to a  facility  as  a  result  of  a  licensure  or
26    complaint survey based upon the facility's physical structure
27    if:
28             (1)  the  Department reviewed and approved or deemed
29        approved the drawing and  specifications  for  compliance
30        with design and construction standards;
31             (2)  the construction, major alteration, or addition
32        was built as submitted;
33             (3)  the  law  or  rules have not been amended since
34        the original approval; and
                            -25-     LRB093 09788 AMC 16555 a
 1             (4)  the conditions at the  facility  indicate  that
 2        there  is  a reasonable degree of safety provided for the
 3        patients.
 4        (c-5)  The Department shall not issue a  violation  to  a
 5    facility  if  the  inspected  aspects  of  the  facility were
 6    previously  found  to  be  in  compliance   with   applicable
 7    standards,  the  relevant law or rules have not been amended,
 8    conditions at the facility reasonably protect the  safety  of
 9    its  patients,  and  alterations or new hazards have not been
10    identified.
11        (d)  The Department shall charge the  following  fees  in
12    connection  with  its  reviews conducted before June 30, 2004
13    under this Section:
14             (1)  (Blank).
15             (2)  (Blank).
16             (3)  If the estimated  dollar  value  of  the  major
17        construction  is  greater than $500,000, the fee shall be
18        established by the  Department  pursuant  to  rules  that
19        reflect  the reasonable and direct cost of the Department
20        in conducting the architectural  reviews  required  under
21        this  Section.  The  estimated  dollar value of the major
22        construction subject to review under this  Section  shall
23        be   annually  readjusted  to  reflect  the  increase  in
24        construction costs due to inflation.
25        The fees provided in this subsection (d) shall not  apply
26    to  major  construction  projects  involving facility changes
27    that  are  required  by  Department  rule  amendments  or  to
28    projects related to homeland security.
29        The fees provided in this subsection (d) shall  also  not
30    apply  to  major  construction projects if 51% or more of the
31    estimated cost  of  the  project  is  attributed  to  capital
32    equipment.  For major construction projects where 51% or more
33    of the estimated cost of the project is attributed to capital
34    equipment,  the Department shall by rule establish a fee that
                            -26-     LRB093 09788 AMC 16555 a
 1    is reasonably related to the cost of reviewing the project.
 2        Disproportionate  share  hospitals  and  rural  hospitals
 3    shall  only  pay  one-half  of  the  fees  required  in  this
 4    subsection (d). For the purposes of this subsection (d),  (i)
 5    "disproportionate  share hospital" means a hospital described
 6    in items (1) through (5) of subsection (b) of Section  5-5.02
 7    of  the  Illinois  Public  Aid Code and (ii) "rural hospital"
 8    means a hospital that is (A) located outside  a  metropolitan
 9    statistical  area  or  (B)  located  15  miles or less from a
10    county that is outside a metropolitan statistical area and is
11    licensed to perform medical/surgical or obstetrical  services
12    and  has a combined total bed capacity of 75 or fewer beds in
13    these 2 service categories as of July 14, 1993, as determined
14    by the Department.
15        The Department  shall  not  commence  the  facility  plan
16    review  process  under  this Section until the applicable fee
17    has been paid.
18        (e)  All fees  received  by  the  Department  under  this
19    Section  shall  be  deposited  into  the Health Facility Plan
20    Review Fund, a special fund created in  the  State  treasury.
21    All fees paid by hospitals under subsection (d) shall be used
22    only to cover the direct and reasonable costs relating to the
23    Department's  review of hospital projects under this Section.
24    Moneys shall be appropriated from that Fund to the Department
25    only to pay  the  costs  of  conducting  reviews  under  this
26    Section.  None  of  the  moneys  in  the Health Facility Plan
27    Review Fund shall be used to reduce  the  amount  of  General
28    Revenue  Fund  moneys  appropriated  to  the  Department  for
29    facility plan reviews conducted pursuant to this Section.
30        (f) (Blank).
31        (g)  The  Department  shall conduct an on-site inspection
32    of the completed project no later than 15  business  30  days
33    after  notification  from  the applicant that the project has
34    been  completed  and  all  certifications  required  by   the
                            -27-     LRB093 09788 AMC 16555 a
 1    Department have been received and accepted by the Department.
 2    The  Department  may extend this deadline only if a federally
 3    mandated survey time frame takes precedence.  The  Department
 4    shall provide written approval for occupancy to the applicant
 5    within  5  working days of the Department's final inspection,
 6    provided   the   applicant   has   demonstrated   substantial
 7    compliance as defined by Department rule.  Occupancy  of  new
 8    major construction is prohibited until Department approval is
 9    received, unless the Department has not acted within the time
10    frames  provided  in  this  subsection (g), in which case the
11    construction shall be deemed approved.   Occupancy  shall  be
12    authorized  after  any  required  health  inspection  by  the
13    Department has been conducted.
14        (h)  The Department shall establish, by rule, a procedure
15    to  conduct  interim  on-site  review  of  large  or  complex
16    construction projects.
17        (i)  The   Department   shall   establish,  by  rule,  an
18    expedited process for emergency  repairs  or  replacement  of
19    like equipment.
20        (j)  Nothing  in this Section shall be construed to apply
21    to maintenance, upkeep, or renovation that  does  not  affect
22    the  structural  integrity of the building, does not add beds
23    or services  over  the  number  for  which  the  facility  is
24    licensed,  and provides a reasonable degree of safety for the
25    patients.
26    (Source: P.A. 91-712,  eff.  7-1-00;  92-563,  eff.  6-24-02;
27    92-803, eff. 8-16-02; revised 9-19-02.)

28        (210 ILCS 85/8.5)
29        Sec.  8.5. Waiver or alternative compliance of compliance
30    with rules or standards for construction or  physical  plant.
31    Upon  application  by a hospital, the Department may grant or
32    renew a the waiver or alternative compliance  methodology  of
33    the  hospital's  compliance  with  a construction or physical
                            -28-     LRB093 09788 AMC 16555 a
 1    plant rule or standard, including  without  limitation  rules
 2    and   standards   for   (i)  design  and  construction,  (ii)
 3    engineering and maintenance  of  the  physical  plant,  site,
 4    equipment,   and   systems   (heating,  cooling,  electrical,
 5    ventilation,  plumbing,  water,  sewer,   and   solid   waste
 6    disposal), and (iii) fire and safety, and (iv) other rules or
 7    standards  that  may  present  a  barrier to the development,
 8    adoption, or implementation  of  an  innovation  designed  to
 9    improve patient care, for a period not to exceed the duration
10    of  the current license or, in the case of an application for
11    license renewal, the duration  of  the  renewal  period.  The
12    waiver  may  be  conditioned  upon the hospital taking action
13    prescribed by the  Department  as  a  measure  equivalent  to
14    compliance.  In  determining  whether  to  grant  or  renew a
15    waiver, the Department shall consider the duration and  basis
16    for  any  current  waiver  with  respect  to the same rule or
17    standard and the validity and effect upon patient health  and
18    safety of extending it on the same basis, the effect upon the
19    health  and  safety of patients, the quality of patient care,
20    the hospital's history  of  compliance  with  the  rules  and
21    standards  of this Act, and the hospital's attempts to comply
22    with  the  particular  rule  or  standard  in  question.  The
23    Department may provide, by rule, for the automatic renewal of
24    waivers   concerning   construction   or    physical    plant
25    requirements  upon  the  renewal of a license. The Department
26    shall renew waivers  relating  to  construction  or  physical
27    plant  standards  issued pursuant to this Section at the time
28    of the indicated reviews, unless it can show why such waivers
29    should not be extended for the following reasons:
30             (1)  the  condition  of  the  physical   plant   has
31        deteriorated or its use substantially changed so that the
32        basis  upon  which  the  waiver  was issued is materially
33        different; or
34             (2)  the  hospital  is  renovated  or  substantially
                            -29-     LRB093 09788 AMC 16555 a
 1        remodeled in such a way as to permit compliance with  the
 2        applicable   rules   and  standards  without  substantial
 3        increase in cost.
 4        A copy of each waiver application and each waiver granted
 5    or renewed shall be on file with the Department and available
 6    for public inspection.
 7        The Department shall advise hospitals of  any  applicable
 8    federal  waivers  about  which  it is aware and for which the
 9    hospital may apply.
10        In the event that the Department does not grant or  renew
11    a  waiver  of  a rule or standard, the Department must notify
12    the hospital in writing detailing the  specific  reasons  for
13    not granting or renewing the waiver and must discuss possible
14    options,  if  any, the hospital could take to have the waiver
15    approved.
16        This  Section  shall  apply  to  both  new  and  existing
17    construction.
18    (Source: P.A. 92-803, eff. 8-16-02.)

19        (210 ILCS 85/9.3)
20        Sec. 9.3.  Informal dispute resolution.   The  Department
21    must  offer  an  opportunity  for informal dispute resolution
22    concerning the application of  building  codes  for  new  and
23    existing   construction  and  related  Department  rules  and
24    standards before the advisory committee under subsection  (b)
25    of Section 2310-560 of the Department of Public Health Powers
26    and  Duties Law of the Civil Administrative Code of Illinois.
27    Participants in this  process  must  include  representatives
28    from  the  Department,  representatives  of the hospital, and
29    additional representatives deemed appropriate by both parties
30    with expertise regarding the contested deficiencies  and  the
31    management of health care facilities.  If the Department does
32    not  resolve disputed deficiencies after the informal dispute
33    resolution process, the Department  must  provide  a  written
                            -30-     LRB093 09788 AMC 16555 a
 1    explanation  to the hospital of why the deficiencies have not
 2    been removed from the statement of deficiencies.
 3    (Source: P.A. 92-803, eff. 8-16-02.)

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

20        (210 ILCS 85/9.5 new)
21        Sec. 9.5.  Reviewer quality improvement.  The  Department
22    must implement a reviewer performance improvement program for
23    hospital  survey,  inspection,  and investigation staff.  The
24    Department must also, on a quarterly  basis,  assess  whether
25    its  surveyors,  inspectors, and investigators: (i) apply the
26    same protocols and  criteria  consistently  to  substantially
27    similar   situations;   (ii)   reach   similar  findings  and
28    conclusions when reviewing substantially similar  situations;
29    (iii)  conduct  surveys,  inspections, or investigations in a
30    professional manner; and (iv) comply with the  provisions  of
31    this  Act.   The  Department  must  also implement continuing
32    education  programs  for  its  surveyors,   inspectors,   and
                            -31-     LRB093 09788 AMC 16555 a
 1    investigators  pursuant  to  the  findings of the performance
 2    improvement program.

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.".