Full Text of HB5017 95th General Assembly
HB5017sam002 95TH GENERAL ASSEMBLY
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Sen. Bill Brady
Filed: 5/8/2008
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09500HB5017sam002 |
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LRB095 19601 HLH 50558 a |
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| AMENDMENT TO HOUSE BILL 5017
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| AMENDMENT NO. ______. Amend House Bill 5017 on page 1, line | 3 |
| 5, by replacing "Sections 15.5 and 19.6" with "Sections 12, | 4 |
| 15.5, and 19.6"; and
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| on page 1, immediately below line 5, by inserting the | 6 |
| following:
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| "(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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| (Section scheduled to be repealed on August 31, 2008)
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| Sec. 12. Powers and duties of State Board. For purposes of | 10 |
| this Act,
the State Board
shall
exercise the following powers | 11 |
| and duties:
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| (1) Prescribe rules,
regulations, standards, criteria, | 13 |
| procedures or reviews which may vary
according to the purpose | 14 |
| for which a particular review is being conducted
or the type of | 15 |
| project reviewed and which are required to carry out the
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| provisions and purposes of this Act.
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LRB095 19601 HLH 50558 a |
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| (2) Adopt procedures for public
notice and hearing on all | 2 |
| proposed rules, regulations, standards,
criteria, and plans | 3 |
| required to carry out the provisions of this Act.
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| (3) Prescribe criteria for
recognition for areawide health | 5 |
| planning organizations, including, but
not limited to, | 6 |
| standards for evaluating the scientific bases for
judgments on | 7 |
| need and procedure for making these determinations.
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| (4) Develop criteria and standards for health care | 9 |
| facilities planning,
conduct statewide inventories of health | 10 |
| care facilities, maintain an updated
inventory on the | 11 |
| Department's web site reflecting the
most recent bed and | 12 |
| service
changes and updated need determinations when new census | 13 |
| data become available , including data from a special census | 14 |
| conducted for a specific municipality,
or new need formulae
are | 15 |
| adopted,
and
develop health care facility plans which shall be | 16 |
| utilized in the review of
applications for permit under
this | 17 |
| Act. Such health facility plans shall be coordinated by the | 18 |
| Agency
with the health care facility plans areawide health | 19 |
| planning
organizations and with other pertinent State Plans. | 20 |
| Inventories pursuant to this Section of skilled or intermediate | 21 |
| care facilities licensed under the Nursing Home Care Act or | 22 |
| nursing homes licensed under the Hospital Licensing Act shall | 23 |
| be conducted on an annual basis no later than July 1 of each | 24 |
| year and shall include among the information requested a list | 25 |
| of all services provided by a facility to its residents and to | 26 |
| the community at large and differentiate between active and |
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| inactive beds.
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| In developing health care facility plans, the State Board | 3 |
| shall consider,
but shall not be limited to, the following:
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| (a) The size, composition and growth of the population | 5 |
| of the area
to be served;
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| (b) The number of existing and planned facilities | 7 |
| offering similar
programs;
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| (c) The extent of utilization of existing facilities;
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| (d) The availability of facilities which may serve as | 10 |
| alternatives
or substitutes;
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| (e) The availability of personnel necessary to the | 12 |
| operation of the
facility;
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| (f) Multi-institutional planning and the establishment | 14 |
| of
multi-institutional systems where feasible;
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| (g) The financial and economic feasibility of proposed | 16 |
| construction
or modification; and
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| (h) In the case of health care facilities established | 18 |
| by a religious
body or denomination, the needs of the | 19 |
| members of such religious body or
denomination may be | 20 |
| considered to be public need.
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| The health care facility plans which are developed and | 22 |
| adopted in
accordance with this Section shall form the basis | 23 |
| for the plan of the State
to deal most effectively with | 24 |
| statewide health needs in regard to health
care facilities.
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| (5) Coordinate with other state agencies having | 26 |
| responsibilities
affecting health care facilities, including |
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| those of licensure and cost
reporting.
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| (6) Solicit, accept, hold and administer on behalf of the | 3 |
| State
any grants or bequests of money, securities or property | 4 |
| for
use by the State Board or recognized areawide health | 5 |
| planning
organizations in the administration of this Act; and | 6 |
| enter into contracts
consistent with the appropriations for | 7 |
| purposes enumerated in this Act.
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| (7) The State Board shall prescribe, in
consultation with | 9 |
| the recognized
areawide health planning organizations, | 10 |
| procedures for review, standards,
and criteria which shall be | 11 |
| utilized
to make periodic areawide reviews and determinations | 12 |
| of the appropriateness
of any existing health services being | 13 |
| rendered by health care facilities
subject to the Act. The | 14 |
| State Board shall consider recommendations of the
areawide | 15 |
| health planning organization and the Agency in making its
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| determinations.
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| (8) Prescribe, in consultation
with the recognized | 18 |
| areawide health planning organizations, rules, regulations,
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| standards, and criteria for the conduct of an expeditious | 20 |
| review of
applications
for permits for projects of construction | 21 |
| or modification of a health care
facility, which projects are | 22 |
| non-substantive in nature. Such rules shall
not abridge the | 23 |
| right of areawide health planning organizations to make
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| recommendations on the classification and approval of | 25 |
| projects, nor shall
such rules prevent the conduct of a public | 26 |
| hearing upon the timely request
of an interested party. Such |
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| reviews shall not exceed 60 days from the
date the application | 2 |
| is declared to be complete by the Agency.
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| (9) Prescribe rules, regulations,
standards, and criteria | 4 |
| pertaining to the granting of permits for
construction
and | 5 |
| modifications which are emergent in nature and must be | 6 |
| undertaken
immediately to prevent or correct structural | 7 |
| deficiencies or hazardous
conditions that may harm or injure | 8 |
| persons using the facility, as defined
in the rules and | 9 |
| regulations of the State Board. This procedure is exempt
from | 10 |
| public hearing requirements of this Act.
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| (10) Prescribe rules,
regulations, standards and criteria | 12 |
| for the conduct of an expeditious
review, not exceeding 60 | 13 |
| days, of applications for permits for projects to
construct or | 14 |
| modify health care facilities which are needed for the care
and | 15 |
| treatment of persons who have acquired immunodeficiency | 16 |
| syndrome (AIDS)
or related conditions.
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| (Source: P.A. 93-41, eff. 6-27-03; 94-983, eff. 6-30-06 .)".
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