Full Text of SB0040 97th General Assembly
SB0040 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0040 Introduced 1/27/2011, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3960/4 | from Ch. 111 1/2, par. 1154 | 20 ILCS 3960/5 | from Ch. 111 1/2, par. 1155 | 20 ILCS 3960/6 | from Ch. 111 1/2, par. 1156 | 20 ILCS 3960/6.2 new | | 20 ILCS 3960/12 | from Ch. 111 1/2, par. 1162 | 20 ILCS 3960/14.1 | |
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Amends the Illinois Health Facilities Planning Act. Sets forth the requirements for the review of a permit application to establish, construct, or modify a health care facility. Provides that the Health Facilities and Services Review Board shall afford an opportunity for a public hearing concerning a permit application. Sets forth the requirements for post-permit reports. Extends the deadline for the Health Facilities and Services Review Board to establish certain rules concerning long-term care to September 30, 2011. Provides that a permit holder who fails to comply with certain post-permit and reporting requirements shall be fined an amount not to exceed $10,000 plus an additional $10,000 for each 30-day period, or fraction thereof, that the violation continues. Makes other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended by changing Sections 4, 5, 6, 12, and 14.1 and adding | 6 | | Section 6.2 and as follows:
| 7 | | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
| 8 | | (Section scheduled to be repealed on December 31, 2019)
| 9 | | Sec. 4. Health Facilities and Services Review Board; | 10 | | membership; appointment; term;
compensation; quorum. | 11 | | Notwithstanding any other provision in this Section, members of | 12 | | the State Board holding office on the day before the effective | 13 | | date of this amendatory Act of the 96th General Assembly shall | 14 | | retain their authority. | 15 | | (a) There is created the Health
Facilities and Services | 16 | | Review Board, which
shall perform the functions described in | 17 | | this
Act. The Department shall provide operational support to | 18 | | the Board, including the provision of office space, supplies, | 19 | | and clerical, financial, and accounting services. The Board may | 20 | | contract with experts related to specific health services or | 21 | | facilities and create technical advisory panels to assist in | 22 | | the development of criteria, standards, and procedures used in | 23 | | the evaluation of applications for permit and exemption.
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| 1 | | (b) Beginning March 1, 2010, the State Board shall consist | 2 | | of 9 voting members. All members shall be residents of Illinois | 3 | | and at least 4 shall reside outside the Chicago Metropolitan | 4 | | Statistical Area. Consideration shall be given to potential | 5 | | appointees who reflect the ethnic and cultural diversity of the | 6 | | State. Neither Board members nor Board staff shall be convicted | 7 | | felons or have pled guilty to a felony. | 8 | | Each member shall have a reasonable knowledge of the | 9 | | practice, procedures and principles of the health care delivery | 10 | | system in Illinois, including at least 5 members who shall be | 11 | | knowledgeable about health care delivery systems, health | 12 | | systems planning, finance, or the management of health care | 13 | | facilities currently regulated under the Act. One member shall | 14 | | be a representative of a non-profit health care consumer | 15 | | advocacy organization. A spouse, parent, sibling, or child | 16 | | Spouses or other members of the immediate family of a the Board | 17 | | member cannot be an employee, agent, or under contract with | 18 | | services or facilities subject to the Act. Prior to appointment | 19 | | and in the course of service on the Board, members of the Board | 20 | | shall disclose the employment or other financial interest of | 21 | | any other relative of the member, if known, in service or | 22 | | facilities subject to the Act. Members of the Board shall | 23 | | declare any conflict of interest that may exist with respect to | 24 | | the status of those relatives and recuse themselves from voting | 25 | | on any issue for which a conflict of interest is declared. No | 26 | | person shall be appointed or continue to serve as a member of |
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| 1 | | the State Board who is, or whose spouse, parent, sibling, or | 2 | | child is, a member of the Board of Directors of, has a | 3 | | financial interest in, or has a business relationship with a | 4 | | health care facility. | 5 | | Notwithstanding any provision of this Section to the | 6 | | contrary, the term of
office of each member of the State Board | 7 | | serving on the day before the effective date of this amendatory | 8 | | Act of the 96th General Assembly is abolished on the date upon | 9 | | which members of the 9-member Board, as established by this | 10 | | amendatory Act of the 96th General Assembly, have been | 11 | | appointed and can begin to take action as a Board. Members of | 12 | | the State Board serving on the day before the effective date of | 13 | | this amendatory Act of the 96th General Assembly may be | 14 | | reappointed to the 9-member Board. Prior to March 1, 2010, the | 15 | | Health Facilities Planning Board shall establish a plan to | 16 | | transition its powers and duties to the Health Facilities and | 17 | | Services Review Board.
| 18 | | (c) The State Board shall be appointed by the Governor, | 19 | | with the advice
and consent of the Senate. Not more than 5 of | 20 | | the
appointments shall be of the same political party at the | 21 | | time of the appointment.
| 22 | | The Secretary of Human Services, the Director of Healthcare | 23 | | and Family Services, and
the Director of Public Health, or | 24 | | their designated representatives,
shall serve as ex-officio, | 25 | | non-voting members of the State Board.
| 26 | | (d) Of those 9 members initially appointed by the Governor |
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| 1 | | following the effective date of this
amendatory Act of the 96th | 2 | | General Assembly, 3 shall serve for terms expiring
July 1, | 3 | | 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | 4 | | shall serve
for terms expiring July 1, 2013. Thereafter, each
| 5 | | appointed member shall
hold office for a term of 3 years, | 6 | | provided that any member
appointed to fill a vacancy
occurring | 7 | | prior to the expiration of the
term for which his or her | 8 | | predecessor was appointed shall be appointed for the
remainder | 9 | | of such term and the term of office of each successor shall
| 10 | | commence on July 1 of the year in which his predecessor's term | 11 | | expires. Each
member appointed after the effective date of this | 12 | | amendatory Act of the 96th General Assembly shall hold office | 13 | | until his or her successor is appointed and qualified. The | 14 | | Governor may reappoint a member for additional terms, but no | 15 | | member shall serve more than 3 terms, subject to review and | 16 | | re-approval every 3 years.
| 17 | | (e) State Board members, while serving on business of the | 18 | | State Board,
shall receive actual and necessary travel and | 19 | | subsistence expenses while
so serving away from their places
of | 20 | | residence. Until March 1, 2010, a
member of the State Board who | 21 | | experiences a significant financial hardship
due to the loss of | 22 | | income on days of attendance at meetings or while otherwise
| 23 | | engaged in the business of the State Board may be paid a | 24 | | hardship allowance, as
determined by and subject to the | 25 | | approval of the Governor's Travel Control
Board.
| 26 | | (f) The Governor shall designate one of the members to |
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| 1 | | serve as the Chairman of the Board, who shall be a person with | 2 | | expertise in health care delivery system planning, finance or | 3 | | management of health care facilities that are regulated under | 4 | | the Act. The Chairman shall annually review Board member | 5 | | performance and shall report the attendance record of each | 6 | | Board member to the General Assembly. | 7 | | (g) The State Board, through the Chairman, shall prepare a | 8 | | separate and distinct budget approved by the General Assembly | 9 | | and shall hire and supervise its own professional staff | 10 | | responsible for carrying out the responsibilities of the Board.
| 11 | | (h) The State Board shall meet at least every 45 days, or | 12 | | as often as
the Chairman of the State Board deems necessary, or | 13 | | upon the request of
a majority of the members.
| 14 | | (i)
Five members of the State Board shall constitute a | 15 | | quorum.
The affirmative vote of 5 of the members of the State | 16 | | Board shall be
necessary for
any action requiring a vote to be | 17 | | taken by the State
Board. A vacancy in the membership of the | 18 | | State Board shall not impair the
right of a quorum to exercise | 19 | | all the rights and perform all the duties of the
State Board as | 20 | | provided by this Act.
| 21 | | (j) A State Board member shall disqualify himself or | 22 | | herself from the
consideration of any application for a permit | 23 | | or
exemption in which the State Board member or the State Board | 24 | | member's spouse,
parent, sibling, or child: (i) has
an economic | 25 | | interest in the matter; or (ii) is employed by, serves as a
| 26 | | consultant for, or is a member of the
governing board of the |
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| 1 | | applicant or a party opposing the application.
| 2 | | (k) The Chairman, Board members, and Board staff must | 3 | | comply with the Illinois Governmental Ethics Act. | 4 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
| 5 | | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
| 6 | | (Section scheduled to be repealed on December 31, 2019)
| 7 | | Sec. 5. Construction, modification, or establishment of | 8 | | health care facilities or acquisition of major medical | 9 | | equipment; permits or exemptions. No person shall construct, | 10 | | modify or establish a
health care facility or acquire major | 11 | | medical equipment without first
obtaining a permit or exemption | 12 | | from the State
Board. The State Board shall not delegate to the | 13 | | staff of
the State Board or any other person or entity the | 14 | | authority to grant
permits or exemptions whenever the staff or | 15 | | other person or
entity would be required to exercise any | 16 | | discretion affecting the decision
to grant a permit or | 17 | | exemption. The State Board may, by rule, delegate authority to | 18 | | the Chairman to grant permits or exemptions when applications | 19 | | meet all of the State Board's review criteria and are | 20 | | unopposed.
| 21 | | A permit or exemption shall be obtained prior to the | 22 | | acquisition
of major medical equipment or to the construction | 23 | | or modification of a
health care facility which:
| 24 | | (a) requires a total capital expenditure in excess of | 25 | | the capital
expenditure
minimum; or
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| 1 | | (b) substantially changes the scope or changes the | 2 | | functional operation
of the facility; or
| 3 | | (c) changes the bed capacity of a health care facility | 4 | | by increasing the
total number of beds or by distributing | 5 | | beds among
various categories of service or by relocating | 6 | | beds from one physical facility
or site to another by more | 7 | | than 20 beds or more than 10% of total bed
capacity as | 8 | | defined by the
State Board, whichever is less, over a 2 | 9 | | year period.
| 10 | | A permit shall be valid only for the defined construction | 11 | | or modifications,
site, amount and person named in the | 12 | | application for such permit and
shall not be transferable or | 13 | | assignable. A permit shall be valid until such
time as the | 14 | | project has been completed,
provided that (a) obligation of the | 15 | | project occurs within 12 months following
issuance of the | 16 | | permit except for major construction projects such obligation
| 17 | | must
occur within 18 months following issuance of the permit; | 18 | | and (b) the project
commences and proceeds to completion with | 19 | | due diligence by the completion date or extension date approved | 20 | | by the Board . | 21 | | A permit holder must do the following: (i) submit the final | 22 | | completion and cost report for the project within 90 days after | 23 | | the approved project completion date or extension date and (ii) | 24 | | submit annual progress reports no earlier than 30 days before | 25 | | and no later than 30 days after each anniversary date of the | 26 | | Board's approval of the permit until the project is completed. |
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| 1 | | To monitor progress toward project commencement and | 2 | | completion, routine post-permit reports shall be limited to | 3 | | annual progress reports and the final completion and cost | 4 | | report. | 5 | | The Certificate of Need process required under this Act is | 6 | | designed to restrain rising health care costs by preventing | 7 | | unnecessary construction or modification of health care | 8 | | facilities. The Board must assure that the establishment, | 9 | | construction, or modification of a health care facility or the | 10 | | acquisition of major medical equipment is consistent with the | 11 | | public interest and that the proposed project is consistent | 12 | | with the orderly and economic development or acquisition of | 13 | | those facilities and equipment and is in accord with the | 14 | | standards, criteria, or plans of need adopted and approved by | 15 | | the Board. Board decisions regarding the construction of health | 16 | | care facilities must consider capacity, quality, value, and | 17 | | equity. Projects may deviate from the costs, fees, and expenses | 18 | | provided in their project cost information for the project's | 19 | | cost components, provided that the final total project cost | 20 | | does not exceed the approved permit amount. | 21 | | Major construction
projects, for the purposes of this Act, | 22 | | shall include but are not limited
to: projects for the | 23 | | construction of new buildings; additions to existing
| 24 | | facilities; modernization projects
whose cost is in excess of | 25 | | $1,000,000 or 10% of the facilities' operating
revenue, | 26 | | whichever is less; and such other projects as the State Board |
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| 1 | | shall
define and prescribe pursuant to this Act. | 2 | | The State Board may extend the
obligation period upon a | 3 | | showing of good cause by the permit holder. Permits
for | 4 | | projects that have not been obligated within the prescribed | 5 | | obligation
period shall expire on the last day of that period.
| 6 | | The acquisition by any person of major medical equipment | 7 | | that will not
be owned by or located in a health care facility | 8 | | and that will not be used
to provide services to inpatients of | 9 | | a health care facility shall be exempt
from review provided | 10 | | that a notice is filed in accordance with exemption
| 11 | | requirements.
| 12 | | Notwithstanding any other provision of this Act, no permit | 13 | | or exemption is
required for the construction or modification | 14 | | of a non-clinical service area
of a health care facility.
| 15 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 16 | | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| 17 | | (Section scheduled to be repealed on December 31, 2019)
| 18 | | Sec. 6. Application for permit or exemption; exemption | 19 | | regulations.
| 20 | | (a) An application for a permit or exemption shall be made | 21 | | to
the State Board upon forms provided by the State Board. This | 22 | | application
shall contain such information
as the State Board | 23 | | deems necessary. The State Board shall not require an applicant | 24 | | to file a Letter of Intent before an application is filed. Such
| 25 | | application shall include affirmative evidence on which the |
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| 1 | | State
Board or Chairman may make its decision on the approval | 2 | | or denial of the permit or
exemption.
| 3 | | (b) The State Board shall establish by regulation the | 4 | | procedures and
requirements
regarding issuance of exemptions.
| 5 | | An exemption shall be approved when information required by the | 6 | | Board by rule
is submitted. Projects
eligible for an exemption, | 7 | | rather than a permit, include, but are not limited
to,
change | 8 | | of ownership of a health care facility. For a change of
| 9 | | ownership of a health care
facility between related persons, | 10 | | the State Board shall provide by rule for an
expedited
process | 11 | | for obtaining an exemption. In connection with a change of | 12 | | ownership, the State Board may approve the transfer of an | 13 | | existing permit without regard to whether the permit to be | 14 | | transferred has yet been obligated, except for permits | 15 | | establishing a new facility or a new category of service.
| 16 | | (c) All applications shall be signed by the applicant and | 17 | | shall be
verified by any 2 officers thereof.
| 18 | | (c-5) Any written review or findings of the Board staff or | 19 | | any other reviewing organization under Section 8 concerning an | 20 | | application for a permit must be made available to the public | 21 | | at least 14 calendar days before the meeting of the State Board | 22 | | at which the review or findings are considered. The applicant | 23 | | and members of the public may submit, to the State Board, | 24 | | written responses regarding the facts set forth in the review | 25 | | or findings of the Board staff or reviewing organization. | 26 | | Members of the public shall have until 10 days before the |
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| 1 | | meeting of the State Board to submit any written response | 2 | | concerning the Board staff's written review or findings at | 3 | | least 10 days before the meeting of the State Board . The Board | 4 | | staff may revise any findings to address corrections of factual | 5 | | errors cited in the public response. At the meeting, the State | 6 | | Board may, in its discretion, permit the submission of other | 7 | | additional written materials.
| 8 | | (d) Upon receipt of an application for a permit, the State | 9 | | Board shall
approve and authorize the issuance of a permit if | 10 | | it finds (1) that the
applicant is fit, willing, and able to | 11 | | provide a proper standard of
health care service for the | 12 | | community with particular regard to the
qualification, | 13 | | background and character of the applicant, (2) that
economic | 14 | | feasibility is demonstrated in terms of effect on the existing
| 15 | | and projected operating budget of the applicant and of the | 16 | | health care
facility; in terms of the applicant's ability to | 17 | | establish and operate
such facility in accordance with | 18 | | licensure regulations promulgated under
pertinent state laws; | 19 | | and in terms of the projected impact on the total
health care | 20 | | expenditures in the facility and community, (3) that
safeguards | 21 | | are provided which assure that the establishment,
construction | 22 | | or modification of the health care facility or acquisition
of | 23 | | major medical equipment is consistent
with the public interest, | 24 | | and (4) that the proposed project is consistent
with the | 25 | | orderly and economic
development of such facilities and | 26 | | equipment and is in accord with standards,
criteria, or plans |
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| 1 | | of need adopted and approved pursuant to the
provisions of | 2 | | Section 12 of this Act.
| 3 | | (Source: P.A. 95-237, eff. 1-1-08; 96-31, eff. 6-30-09.)
| 4 | | (20 ILCS 3960/6.2 new) | 5 | | Sec. 6.2. Review of permits. Upon receipt of an application | 6 | | for a permit to establish,
construct, or modify a health care | 7 | | facility, the State Board staff
shall notify the applicant in | 8 | | writing within 10
working days either that the application is | 9 | | or is not complete. If the
application is complete, the State | 10 | | Board staff shall
notify the applicant of the beginning of the | 11 | | review process. If the application is not complete, the Board | 12 | | staff shall explain within the 10-day period why the | 13 | | application is incomplete. | 14 | | The State Board staff shall afford a reasonable amount of | 15 | | time as
established by the State Board, but not to exceed 120 | 16 | | days,
for the review of the application. The 120-day period
| 17 | | begins on the day the application is found to be
substantially | 18 | | complete, as that term is defined by the State
Board. During | 19 | | the 120-day period, the applicant may request
an extension. An | 20 | | applicant may modify the application at any
time before a final | 21 | | administrative decision has been made on the
application.
The | 22 | | State Board shall prescribe and provide the forms upon
which | 23 | | the review and findings of the State Board staff shall be
made. | 24 | | The State Board staff shall submit its review and findings
to | 25 | | the State Board for its approval or denial of the permit. |
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| 1 | | When an application for a permit is initially reviewed by
| 2 | | State Board staff, as provided in this Section, the State Board | 3 | | shall afford an opportunity for a public hearing within a | 4 | | reasonable amount of time
after receipt of the complete | 5 | | application, but not to exceed
90 days after receipt of the | 6 | | complete application. Notice of the hearing shall be made | 7 | | promptly by
certified mail to the applicant and, within 10 days | 8 | | before the
hearing, by publication in a newspaper of general | 9 | | circulation
in the area or community to be affected. The | 10 | | hearing shall
be held in the area or community in which the | 11 | | proposed
project is to be located, and shall be for the purpose | 12 | | of allowing
the applicant and any interested person to present | 13 | | public
testimony concerning the approval, denial, renewal, or
| 14 | | revocation of the permit. All interested persons attending
the | 15 | | hearing shall be given a reasonable opportunity to present
| 16 | | their views or arguments in writing or orally, and a record
of | 17 | | all of the testimony shall accompany any findings of the State
| 18 | | Board staff. The State Board shall adopt reasonable rules and | 19 | | regulations
governing the procedure and conduct of the | 20 | | hearings.
| 21 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 22 | | (Section scheduled to be repealed on December 31, 2019) | 23 | | Sec. 12. Powers and duties of State Board. For purposes of | 24 | | this Act,
the State Board
shall
exercise the following powers | 25 | | and duties:
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| 1 | | (1) Prescribe rules,
regulations, standards, criteria, | 2 | | procedures or reviews which may vary
according to the purpose | 3 | | for which a particular review is being conducted
or the type of | 4 | | project reviewed and which are required to carry out the
| 5 | | provisions and purposes of this Act. Policies and procedures of | 6 | | the State Board shall take into consideration the priorities | 7 | | and needs of medically underserved areas and other health care | 8 | | services identified through the comprehensive health planning | 9 | | process, giving special consideration to the impact of projects | 10 | | on access to safety net services.
| 11 | | (2) Adopt procedures for public
notice and hearing on all | 12 | | proposed rules, regulations, standards,
criteria, and plans | 13 | | required to carry out the provisions of this Act.
| 14 | | (3) (Blank).
| 15 | | (4) Develop criteria and standards for health care | 16 | | facilities planning,
conduct statewide inventories of health | 17 | | care facilities, maintain an updated
inventory on the Board's | 18 | | web site reflecting the
most recent bed and service
changes and | 19 | | updated need determinations when new census data become | 20 | | available
or new need formulae
are adopted,
and
develop health | 21 | | care facility plans which shall be utilized in the review of
| 22 | | applications for permit under
this Act. Such health facility | 23 | | plans shall be coordinated by the Board
with pertinent State | 24 | | Plans. Inventories pursuant to this Section of skilled or | 25 | | intermediate care facilities licensed under the Nursing Home | 26 | | Care Act, skilled or intermediate care facilities licensed |
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| 1 | | under the MR/DD Community Care Act, or nursing homes licensed | 2 | | under the Hospital Licensing Act shall be conducted on an | 3 | | annual basis no later than July 1 of each year and shall | 4 | | include among the information requested a list of all services | 5 | | provided by a facility to its residents and to the community at | 6 | | large and differentiate between active and inactive beds.
| 7 | | In developing health care facility plans, the State Board | 8 | | shall consider,
but shall not be limited to, the following:
| 9 | | (a) The size, composition and growth of the population | 10 | | of the area
to be served;
| 11 | | (b) The number of existing and planned facilities | 12 | | offering similar
programs;
| 13 | | (c) The extent of utilization of existing facilities;
| 14 | | (d) The availability of facilities which may serve as | 15 | | alternatives
or substitutes;
| 16 | | (e) The availability of personnel necessary to the | 17 | | operation of the
facility;
| 18 | | (f) Multi-institutional planning and the establishment | 19 | | of
multi-institutional systems where feasible;
| 20 | | (g) The financial and economic feasibility of proposed | 21 | | construction
or modification; and
| 22 | | (h) In the case of health care facilities established | 23 | | by a religious
body or denomination, the needs of the | 24 | | members of such religious body or
denomination may be | 25 | | considered to be public need.
| 26 | | The health care facility plans which are developed and |
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| 1 | | adopted in
accordance with this Section shall form the basis | 2 | | for the plan of the State
to deal most effectively with | 3 | | statewide health needs in regard to health
care facilities.
| 4 | | (5) Coordinate with the Center for Comprehensive Health | 5 | | Planning and other state agencies having responsibilities
| 6 | | affecting health care facilities, including those of licensure | 7 | | and cost
reporting.
| 8 | | (6) Solicit, accept, hold and administer on behalf of the | 9 | | State
any grants or bequests of money, securities or property | 10 | | for
use by the State Board or Center for Comprehensive Health | 11 | | Planning in the administration of this Act; and enter into | 12 | | contracts
consistent with the appropriations for purposes | 13 | | enumerated in this Act.
| 14 | | (7) The State Board shall prescribe procedures for review, | 15 | | standards,
and criteria which shall be utilized
to make | 16 | | periodic reviews and determinations of the appropriateness
of | 17 | | any existing health services being rendered by health care | 18 | | facilities
subject to the Act. The State Board shall consider | 19 | | recommendations of the
Board in making its
determinations.
| 20 | | (8) Prescribe, in consultation
with the Center for | 21 | | Comprehensive Health Planning, rules, regulations,
standards, | 22 | | and criteria for the conduct of an expeditious review of
| 23 | | applications
for permits for projects of construction or | 24 | | modification of a health care
facility, which projects are | 25 | | classified as emergency, substantive, or non-substantive in | 26 | | nature. |
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| 1 | | Six months after June 30, 2009 (the effective date of | 2 | | Public Act 96-31), substantive projects shall include no more | 3 | | than the following: | 4 | | (a) Projects to construct (1) a new or replacement | 5 | | facility located on a new site or
(2) a replacement | 6 | | facility located on the same site as the original facility | 7 | | and the cost of the replacement facility exceeds the | 8 | | capital expenditure minimum; | 9 | | (b) Projects proposing a
(1) new service or
(2) | 10 | | discontinuation of a service, which shall be reviewed by | 11 | | the Board within 60 days; or | 12 | | (c) Projects proposing a change in the bed capacity of | 13 | | a health care facility by an increase in the total number | 14 | | of beds or by a redistribution of beds among various | 15 | | categories of service or by a relocation of beds from one | 16 | | physical facility or site to another by more than 20 beds | 17 | | or more than 10% of total bed capacity, as defined by the | 18 | | State Board, whichever is less, over a 2-year period. | 19 | | The Chairman may approve applications for exemption that | 20 | | meet the criteria set forth in rules or refer them to the full | 21 | | Board. The Chairman may approve any unopposed application that | 22 | | meets all of the review criteria or refer them to the full | 23 | | Board. | 24 | | Such rules shall
not abridge the right of the Center for | 25 | | Comprehensive Health Planning to make
recommendations on the | 26 | | classification and approval of projects, nor shall
such rules |
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| 1 | | prevent the conduct of a public hearing upon the timely request
| 2 | | of an interested party. Such reviews shall not exceed 60 days | 3 | | from the
date the application is declared to be complete.
| 4 | | (9) Prescribe rules, regulations,
standards, and criteria | 5 | | pertaining to the granting of permits for
construction
and | 6 | | modifications which are emergent in nature and must be | 7 | | undertaken
immediately to prevent or correct structural | 8 | | deficiencies or hazardous
conditions that may harm or injure | 9 | | persons using the facility, as defined
in the rules and | 10 | | regulations of the State Board. This procedure is exempt
from | 11 | | public hearing requirements of this Act.
| 12 | | (10) Prescribe rules,
regulations, standards and criteria | 13 | | for the conduct of an expeditious
review, not exceeding 60 | 14 | | days, of applications for permits for projects to
construct or | 15 | | modify health care facilities which are needed for the care
and | 16 | | treatment of persons who have acquired immunodeficiency | 17 | | syndrome (AIDS)
or related conditions.
| 18 | | (11) Issue written decisions upon request of the applicant | 19 | | or an adversely affected party to the Board within 30 days of | 20 | | the meeting in which a final decision has been made. A "final | 21 | | decision" for purposes of this Act is the decision to approve | 22 | | or deny an application, or take other actions permitted under | 23 | | this Act, at the time and date of the meeting that such action | 24 | | is scheduled by the Board. The staff of the State Board shall | 25 | | prepare a written copy of the final decision and the State | 26 | | Board shall approve a final copy for inclusion in the formal |
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| 1 | | record. | 2 | | (12) Require at least one of its members to participate in | 3 | | any public hearing, after the appointment of a majority of the | 4 | | the 9 members to the Board. | 5 | | (13) Provide a mechanism for the public to comment on, and | 6 | | request changes to, draft rules and standards. | 7 | | (14) Implement public information campaigns to regularly | 8 | | inform the general public about the opportunity for public | 9 | | hearings and public hearing procedures. | 10 | | (15) Establish a separate set of rules and guidelines for | 11 | | long-term care that recognizes that nursing homes are a | 12 | | different business line and service model from other regulated | 13 | | facilities. An open and transparent process shall be developed | 14 | | that considers the following: how skilled nursing fits in the | 15 | | continuum of care with other care providers, modernization of | 16 | | nursing homes, establishment of more private rooms, | 17 | | development of alternative services, and current trends in | 18 | | long-term care services.
The Chairman of the Board shall | 19 | | appoint a permanent Health Services Review Board Long-term Care | 20 | | Facility Advisory Subcommittee that shall develop and | 21 | | recommend to the Board the rules to be established by the Board | 22 | | under this paragraph (15). The Subcommittee shall also provide | 23 | | continuous review and commentary on policies and procedures | 24 | | relative to long-term care and the review of related projects. | 25 | | In consultation with other experts from the health field of | 26 | | long-term care, the Board and the Subcommittee shall study new |
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| 1 | | approaches to the current bed need formula and Health Service | 2 | | Area boundaries to encourage flexibility and innovation in | 3 | | design models reflective of the changing long-term care | 4 | | marketplace and consumer preferences. The Board shall file the | 5 | | proposed related administrative rules for the separate rules | 6 | | and guidelines for long-term care required by this paragraph | 7 | | (15) by no later than September 30, 2011 1, 2010 . The | 8 | | Subcommittee shall be provided a reasonable and timely | 9 | | opportunity to review and comment on any review, revision, or | 10 | | updating of the criteria, standards, procedures, and rules used | 11 | | to evaluate project applications as provided under Section 12.3 | 12 | | of this Act prior to approval by the Board and promulgation of | 13 | | related rules. | 14 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | 15 | | 96-1000, eff. 7-2-10.)
| 16 | | (20 ILCS 3960/14.1)
| 17 | | Sec. 14.1. Denial of permit; other sanctions. | 18 | | (a) The State Board may deny an application for a permit or | 19 | | may revoke or
take other action as permitted by this Act with | 20 | | regard to a permit as the State
Board deems appropriate, | 21 | | including the imposition of fines as set forth in this
Section, | 22 | | for any one or a combination of the following: | 23 | | (1) The acquisition of major medical equipment without | 24 | | a permit or in
violation of the terms of a permit. | 25 | | (2) The establishment, construction, or modification |
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| 1 | | of a health care
facility without a permit or in violation | 2 | | of the terms of a permit. | 3 | | (3) The violation of any provision of this Act or any | 4 | | rule adopted
under this Act. | 5 | | (4) The failure, by any person subject to this Act, to | 6 | | provide information
requested by the State Board or Agency | 7 | | within 30 days after a formal written
request for the | 8 | | information. | 9 | | (5) The failure to pay any fine imposed under this | 10 | | Section within 30 days
of its imposition. | 11 | | (a-5) For facilities licensed under the MR/DD Community | 12 | | Care Act, no permit shall be denied on the basis of prior | 13 | | operator history, other than for actions specified under item | 14 | | (2), (4), or (5) of Section 3-117 of the MR/DD Community Care | 15 | | Act. For facilities licensed under the Nursing Home Care Act, | 16 | | no permit shall be denied on the basis of prior operator | 17 | | history, other than for: (i) actions specified under item (2), | 18 | | (3), (4), (5), or (6) of Section 3-117 of the Nursing Home Care | 19 | | Act; (ii) actions specified under item (a)(6) of Section 3-119 | 20 | | of the Nursing Home Care Act; or (iii) actions within the | 21 | | preceding 5 years constituting a substantial and repeated | 22 | | failure to comply with the Nursing Home Care Act or the rules | 23 | | and regulations adopted by the Department under that Act. The | 24 | | State Board shall not deny a permit on account of any action | 25 | | described in this subsection (a-5) without also considering all | 26 | | such actions in the light of all relevant information available |
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| 1 | | to the State Board, including whether the permit is sought to | 2 | | substantially comply with a mandatory or voluntary plan of | 3 | | correction associated with any action described in this | 4 | | subsection (a-5).
| 5 | | (b) Persons shall be subject to fines as follows: | 6 | | (1) A permit holder who fails to comply with the | 7 | | requirements of
maintaining a valid permit shall be fined | 8 | | an amount not to exceed 1% of the
approved permit amount | 9 | | plus an additional 1% of the approved permit amount for
| 10 | | each 30-day period, or fraction thereof, that the violation | 11 | | continues. | 12 | | (2) A permit holder who alters the scope of an approved | 13 | | project or whose
project costs exceed the allowable permit | 14 | | amount without first obtaining
approval from the State | 15 | | Board shall be fined an amount not to exceed the sum of
(i) | 16 | | the lesser of $25,000 or 2% of the approved permit amount | 17 | | and (ii) in those
cases where the approved permit amount is | 18 | | exceeded by more than $1,000,000, an
additional $20,000 for | 19 | | each $1,000,000, or fraction thereof, in excess of the
| 20 | | approved permit amount. | 21 | | (2.5) A permit holder who fails to comply with the | 22 | | post-permit and reporting requirements set forth in | 23 | | Section 5 shall be fined an amount not to exceed $10,000 | 24 | | plus an additional $10,000 for each 30-day period, or | 25 | | fraction thereof, that the violation continues. This fine | 26 | | shall continue to accrue until the date that (i) the |
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| 1 | | post-permit requirements are met and the post-permit | 2 | | reports are received by the State Board or (ii) the matter | 3 | | is referred by the State Board to the State Board's legal | 4 | | counsel. The accrued fine is not waived by the permit | 5 | | holder submitting the required information and reports | 6 | | after the expiration of the required timeframes set forth | 7 | | in Section 5. | 8 | | (3) A person who acquires major medical equipment or | 9 | | who establishes a
category of service without first | 10 | | obtaining a permit or exemption, as the case
may be, shall | 11 | | be fined an amount not to exceed $10,000 for each such
| 12 | | acquisition or category of service established plus an | 13 | | additional $10,000 for
each 30-day period, or fraction | 14 | | thereof, that the violation continues. | 15 | | (4) A person who constructs, modifies, or establishes a | 16 | | health care
facility without first obtaining a permit shall | 17 | | be fined an amount not to
exceed $25,000 plus an additional | 18 | | $25,000 for each 30-day period, or fraction
thereof, that | 19 | | the violation continues. | 20 | | (5) A person who discontinues a health care facility or | 21 | | a category of
service without first obtaining a permit | 22 | | shall be fined an amount not to exceed
$10,000 plus an | 23 | | additional $10,000 for each 30-day period, or fraction | 24 | | thereof,
that the violation continues. For purposes of this | 25 | | subparagraph (5), facilities licensed under the Nursing | 26 | | Home Care Act or the MR/DD Community Care Act, with the |
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| 1 | | exceptions of facilities operated by a county or Illinois | 2 | | Veterans Homes, are exempt from this permit requirement. | 3 | | However, facilities licensed under the Nursing Home Care | 4 | | Act or the MR/DD Community Care Act must comply with | 5 | | Section 3-423 of the Nursing Home Care Act or Section 3-423 | 6 | | of the MR/DD Community Care Act and must provide the Board | 7 | | with 30-days' written notice of its intent to close.
| 8 | | (6) A person subject to this Act who fails to provide | 9 | | information
requested by the State Board or Agency within | 10 | | 30 days of a formal written
request shall be fined an | 11 | | amount not to exceed $1,000 plus an additional $1,000
for | 12 | | each 30-day period, or fraction thereof, that the | 13 | | information is not
received by the State Board or Agency. | 14 | | (c) Before imposing any fine authorized under this Section, | 15 | | the State Board
shall afford the person or permit holder, as | 16 | | the case may be, an appearance
before the State Board and an | 17 | | opportunity for a hearing before a hearing
officer appointed by | 18 | | the State Board. The hearing shall be conducted in
accordance | 19 | | with Section 10. | 20 | | (d) All fines collected under this Act shall be transmitted | 21 | | to the State
Treasurer, who shall deposit them into the | 22 | | Illinois Health Facilities Planning
Fund. | 23 | | (Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10; | 24 | | 96-1372, eff. 7-29-10.)
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