Full Text of SB2887 97th General Assembly
SB2887 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2887 Introduced 2/1/2012, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3960/3 | from Ch. 111 1/2, par. 1153 | 20 ILCS 3960/12 | from Ch. 111 1/2, par. 1162 | 20 ILCS 3960/13 | from Ch. 111 1/2, par. 1163 | 20 ILCS 3960/14.1 | |
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Amends the Illinois Health Facilities Planning Act. Provides that no facility licensed under the ID/DD Community Care Act shall be subject to the provisions of the Illinois Health Facilities Planning Act. Makes conforming changes to delete references to the ID/DD Community Care Act. Effective immediately.
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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 3, 12, 13, and 14.1 as follows:
| 6 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| 7 | | (Section scheduled to be repealed on December 31, 2019) | 8 | | Sec. 3. Definitions. As used in this Act:
| 9 | | "Health care facilities" means and includes
the following | 10 | | facilities and organizations:
| 11 | | 1. An ambulatory surgical treatment center required to | 12 | | be licensed
pursuant to the Ambulatory Surgical Treatment | 13 | | Center Act;
| 14 | | 2. An institution, place, building, or agency required | 15 | | to be licensed
pursuant to the Hospital Licensing Act;
| 16 | | 3. Skilled and intermediate long term care facilities | 17 | | licensed under the
Nursing
Home Care Act;
| 18 | | 3.5. (Blank) Skilled and intermediate care facilities | 19 | | licensed under the ID/DD Community Care Act ; | 20 | | 3.7. Facilities licensed under the Specialized Mental | 21 | | Health Rehabilitation Act;
| 22 | | 4. Hospitals, nursing homes, ambulatory surgical | 23 | | treatment centers, or
kidney disease treatment centers
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| 1 | | maintained by the State or any department or agency | 2 | | thereof;
| 3 | | 5. Kidney disease treatment centers, including a | 4 | | free-standing
hemodialysis unit required to be licensed | 5 | | under the End Stage Renal Disease Facility Act;
| 6 | | 6. An institution, place, building, or room used for | 7 | | the performance of
outpatient surgical procedures that is | 8 | | leased, owned, or operated by or on
behalf of an | 9 | | out-of-state facility;
| 10 | | 7. An institution, place, building, or room used for | 11 | | provision of a health care category of service as defined | 12 | | by the Board, including, but not limited to, cardiac | 13 | | catheterization and open heart surgery; and | 14 | | 8. An institution, place, building, or room used for | 15 | | provision of major medical equipment used in the direct | 16 | | clinical diagnosis or treatment of patients, and whose | 17 | | project cost is in excess of the capital expenditure | 18 | | minimum. | 19 | | This Act shall not apply to the construction of any new | 20 | | facility or the renovation of any existing facility located on | 21 | | any campus facility as defined in Section 5-5.8b of the | 22 | | Illinois Public Aid Code, provided that the campus facility | 23 | | encompasses 30 or more contiguous acres and that the new or | 24 | | renovated facility is intended for use by a licensed | 25 | | residential facility. | 26 | | No federally owned facility shall be subject to the |
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| 1 | | provisions of this
Act, nor facilities used solely for healing | 2 | | by prayer or spiritual means.
| 3 | | No facility licensed under the Supportive Residences | 4 | | Licensing Act or the
Assisted Living and Shared Housing Act
| 5 | | shall be subject to the provisions of this Act.
| 6 | | No facility licensed under the ID/DD Community Care Act | 7 | | shall be subject to the provisions of this Act. | 8 | | No facility established and operating under the | 9 | | Alternative Health Care Delivery Act as a children's respite | 10 | | care center alternative health care model demonstration | 11 | | program or as an Alzheimer's Disease Management Center | 12 | | alternative health care model demonstration program shall be | 13 | | subject to the provisions of this Act. | 14 | | A facility designated as a supportive living facility that | 15 | | is in good
standing with the program
established under Section | 16 | | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | 17 | | the provisions of this
Act.
| 18 | | This Act does not apply to facilities granted waivers under | 19 | | Section 3-102.2
of the Nursing Home Care Act. However, if a | 20 | | demonstration project under that
Act applies for a certificate
| 21 | | of need to convert to a nursing facility, it shall meet the | 22 | | licensure and
certificate of need requirements in effect as of | 23 | | the date of application. | 24 | | This Act does not apply to a dialysis facility that | 25 | | provides only dialysis training, support, and related services | 26 | | to individuals with end stage renal disease who have elected to |
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| 1 | | receive home dialysis. This Act does not apply to a dialysis | 2 | | unit located in a licensed nursing home that offers or provides | 3 | | dialysis-related services to residents with end stage renal | 4 | | disease who have elected to receive home dialysis within the | 5 | | nursing home. The Board, however, may require these dialysis | 6 | | facilities and licensed nursing homes to report statistical | 7 | | information on a quarterly basis to the Board to be used by the | 8 | | Board to conduct analyses on the need for proposed kidney | 9 | | disease treatment centers.
| 10 | | This Act shall not apply to the closure of an entity or a | 11 | | portion of an
entity licensed under the Nursing Home Care Act | 12 | | or , the Specialized Mental Health Rehabilitation Act, or the | 13 | | MR/DD Community Care Act, with the exceptions of facilities | 14 | | operated by a county or Illinois Veterans Homes, that elects to | 15 | | convert, in
whole or in part, to an assisted living or shared | 16 | | housing establishment
licensed under the Assisted Living and | 17 | | Shared Housing Act.
| 18 | | This Act does not apply to any change of ownership of a | 19 | | healthcare facility that is licensed under the Nursing Home | 20 | | Care Act or , the Specialized Mental Health Rehabilitation Act, | 21 | | or the ID/DD Community Care Act, with the exceptions of | 22 | | facilities operated by a county or Illinois Veterans Homes. | 23 | | Changes of ownership of facilities licensed under the Nursing | 24 | | Home Care Act must meet the requirements set forth in Sections | 25 | | 3-101 through 3-119 of the Nursing Home Care Act.
| 26 | | With the exception of those health care facilities |
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| 1 | | specifically
included in this Section, nothing in this Act | 2 | | shall be intended to
include facilities operated as a part of | 3 | | the practice of a physician or
other licensed health care | 4 | | professional, whether practicing in his
individual capacity or | 5 | | within the legal structure of any partnership,
medical or | 6 | | professional corporation, or unincorporated medical or
| 7 | | professional group. Further, this Act shall not apply to | 8 | | physicians or
other licensed health care professional's | 9 | | practices where such practices
are carried out in a portion of | 10 | | a health care facility under contract
with such health care | 11 | | facility by a physician or by other licensed
health care | 12 | | professionals, whether practicing in his individual capacity
| 13 | | or within the legal structure of any partnership, medical or
| 14 | | professional corporation, or unincorporated medical or | 15 | | professional
groups. This Act shall apply to construction or
| 16 | | modification and to establishment by such health care facility | 17 | | of such
contracted portion which is subject to facility | 18 | | licensing requirements,
irrespective of the party responsible | 19 | | for such action or attendant
financial obligation.
| 20 | | "Person" means any one or more natural persons, legal | 21 | | entities,
governmental bodies other than federal, or any | 22 | | combination thereof.
| 23 | | "Consumer" means any person other than a person (a) whose | 24 | | major
occupation currently involves or whose official capacity | 25 | | within the last
12 months has involved the providing, | 26 | | administering or financing of any
type of health care facility, |
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| 1 | | (b) who is engaged in health research or
the teaching of | 2 | | health, (c) who has a material financial interest in any
| 3 | | activity which involves the providing, administering or | 4 | | financing of any
type of health care facility, or (d) who is or | 5 | | ever has been a member of
the immediate family of the person | 6 | | defined by (a), (b), or (c).
| 7 | | "State Board" or "Board" means the Health Facilities and | 8 | | Services Review Board.
| 9 | | "Construction or modification" means the establishment, | 10 | | erection,
building, alteration, reconstruction, modernization, | 11 | | improvement,
extension, discontinuation, change of ownership, | 12 | | of or by a health care
facility, or the purchase or acquisition | 13 | | by or through a health care facility
of
equipment or service | 14 | | for diagnostic or therapeutic purposes or for
facility | 15 | | administration or operation, or any capital expenditure made by
| 16 | | or on behalf of a health care facility which
exceeds the | 17 | | capital expenditure minimum; however, any capital expenditure
| 18 | | made by or on behalf of a health care facility for (i) the | 19 | | construction or
modification of a facility licensed under the | 20 | | Assisted Living and Shared
Housing Act or (ii) a conversion | 21 | | project undertaken in accordance with Section 30 of the Older | 22 | | Adult Services Act shall be excluded from any obligations under | 23 | | this Act.
| 24 | | "Establish" means the construction of a health care | 25 | | facility or the
replacement of an existing facility on another | 26 | | site or the initiation of a category of service as defined by |
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| 1 | | the Board.
| 2 | | "Major medical equipment" means medical equipment which is | 3 | | used for the
provision of medical and other health services and | 4 | | which costs in excess
of the capital expenditure minimum, | 5 | | except that such term does not include
medical equipment | 6 | | acquired
by or on behalf of a clinical laboratory to provide | 7 | | clinical laboratory
services if the clinical laboratory is | 8 | | independent of a physician's office
and a hospital and it has | 9 | | been determined under Title XVIII of the Social
Security Act to | 10 | | meet the requirements of paragraphs (10) and (11) of Section
| 11 | | 1861(s) of such Act. In determining whether medical equipment | 12 | | has a value
in excess of the capital expenditure minimum, the | 13 | | value of studies, surveys,
designs, plans, working drawings, | 14 | | specifications, and other activities
essential to the | 15 | | acquisition of such equipment shall be included.
| 16 | | "Capital Expenditure" means an expenditure: (A) made by or | 17 | | on behalf of
a health care facility (as such a facility is | 18 | | defined in this Act); and
(B) which under generally accepted | 19 | | accounting principles is not properly
chargeable as an expense | 20 | | of operation and maintenance, or is made to obtain
by lease or | 21 | | comparable arrangement any facility or part thereof or any
| 22 | | equipment for a facility or part; and which exceeds the capital | 23 | | expenditure
minimum.
| 24 | | For the purpose of this paragraph, the cost of any studies, | 25 | | surveys, designs,
plans, working drawings, specifications, and | 26 | | other activities essential
to the acquisition, improvement, |
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| 1 | | expansion, or replacement of any plant
or equipment with | 2 | | respect to which an expenditure is made shall be included
in | 3 | | determining if such expenditure exceeds the capital | 4 | | expenditures minimum.
Unless otherwise interdependent, or | 5 | | submitted as one project by the applicant, components of | 6 | | construction or modification undertaken by means of a single | 7 | | construction contract or financed through the issuance of a | 8 | | single debt instrument shall not be grouped together as one | 9 | | project. Donations of equipment
or facilities to a health care | 10 | | facility which if acquired directly by such
facility would be | 11 | | subject to review under this Act shall be considered capital
| 12 | | expenditures, and a transfer of equipment or facilities for | 13 | | less than fair
market value shall be considered a capital | 14 | | expenditure for purposes of this
Act if a transfer of the | 15 | | equipment or facilities at fair market value would
be subject | 16 | | to review.
| 17 | | "Capital expenditure minimum" means $11,500,000 for | 18 | | projects by hospital applicants, $6,500,000 for applicants for | 19 | | projects related to skilled and intermediate care long-term | 20 | | care facilities licensed under the Nursing Home Care Act, and | 21 | | $3,000,000 for projects by all other applicants, which shall be | 22 | | annually
adjusted to reflect the increase in construction costs | 23 | | due to inflation, for major medical equipment and for all other
| 24 | | capital expenditures.
| 25 | | "Non-clinical service area" means an area (i) for the | 26 | | benefit of the
patients, visitors, staff, or employees of a |
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| 1 | | health care facility and (ii) not
directly related to the | 2 | | diagnosis, treatment, or rehabilitation of persons
receiving | 3 | | services from the health care facility. "Non-clinical service | 4 | | areas"
include, but are not limited to, chapels; gift shops; | 5 | | news stands; computer
systems; tunnels, walkways, and | 6 | | elevators; telephone systems; projects to
comply with life | 7 | | safety codes; educational facilities; student housing;
| 8 | | patient, employee, staff, and visitor dining areas; | 9 | | administration and
volunteer offices; modernization of | 10 | | structural components (such as roof
replacement and masonry | 11 | | work); boiler repair or replacement; vehicle
maintenance and | 12 | | storage facilities; parking facilities; mechanical systems for
| 13 | | heating, ventilation, and air conditioning; loading docks; and | 14 | | repair or
replacement of carpeting, tile, wall coverings, | 15 | | window coverings or treatments,
or furniture. Solely for the | 16 | | purpose of this definition, "non-clinical service
area" does | 17 | | not include health and fitness centers.
| 18 | | "Areawide" means a major area of the State delineated on a
| 19 | | geographic, demographic, and functional basis for health | 20 | | planning and
for health service and having within it one or | 21 | | more local areas for
health planning and health service. The | 22 | | term "region", as contrasted
with the term "subregion", and the | 23 | | word "area" may be used synonymously
with the term "areawide".
| 24 | | "Local" means a subarea of a delineated major area that on | 25 | | a
geographic, demographic, and functional basis may be | 26 | | considered to be
part of such major area. The term "subregion" |
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| 1 | | may be used synonymously
with the term "local".
| 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 of | 8 | | Public Health.
| 9 | | "Agency" means the Illinois Department of Public Health.
| 10 | | "Alternative health care model" means a facility or program | 11 | | authorized
under the Alternative Health Care Delivery Act.
| 12 | | "Out-of-state facility" means a person that is both (i) | 13 | | licensed as a
hospital or as an ambulatory surgery center under | 14 | | the laws of another state
or that
qualifies as a hospital or an | 15 | | ambulatory surgery center under regulations
adopted pursuant | 16 | | to the Social Security Act and (ii) not licensed under the
| 17 | | Ambulatory Surgical Treatment Center Act, the Hospital | 18 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of | 19 | | out-of-state facilities shall be
considered out-of-state | 20 | | facilities. Affiliates of Illinois licensed health
care | 21 | | facilities 100% owned by an Illinois licensed health care | 22 | | facility, its
parent, or Illinois physicians licensed to | 23 | | practice medicine in all its
branches shall not be considered | 24 | | out-of-state facilities. Nothing in
this definition shall be
| 25 | | construed to include an office or any part of an office of a | 26 | | physician licensed
to practice medicine in all its branches in |
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| 1 | | Illinois that is not required to be
licensed under the | 2 | | Ambulatory Surgical Treatment Center Act.
| 3 | | "Change of ownership of a health care facility" means a | 4 | | change in the
person
who has ownership or
control of a health | 5 | | care facility's physical plant and capital assets. A change
in | 6 | | ownership is indicated by
the following transactions: sale, | 7 | | transfer, acquisition, lease, change of
sponsorship, or other | 8 | | means of
transferring control.
| 9 | | "Related person" means any person that: (i) is at least 50% | 10 | | owned, directly
or indirectly, by
either the health care | 11 | | facility or a person owning, directly or indirectly, at
least | 12 | | 50% of the health
care facility; or (ii) owns, directly or | 13 | | indirectly, at least 50% of the
health care facility.
| 14 | | "Charity care" means care provided by a health care | 15 | | facility for which the provider does not expect to receive | 16 | | payment from the patient or a third-party payer. | 17 | | "Freestanding emergency center" means a facility subject | 18 | | to licensure under Section 32.5 of the Emergency Medical | 19 | | Services (EMS) Systems Act. | 20 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | 21 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; | 22 | | revised 9-7-11.)
| 23 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 24 | | (Section scheduled to be repealed on December 31, 2019) | 25 | | Sec. 12. Powers and duties of State Board. For purposes of |
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| 1 | | this Act,
the State Board
shall
exercise the following powers | 2 | | and duties:
| 3 | | (1) Prescribe rules,
regulations, standards, criteria, | 4 | | procedures or reviews which may vary
according to the purpose | 5 | | for which a particular review is being conducted
or the type of | 6 | | project reviewed and which are required to carry out the
| 7 | | provisions and purposes of this Act. Policies and procedures of | 8 | | the State Board shall take into consideration the priorities | 9 | | and needs of medically underserved areas and other health care | 10 | | services identified through the comprehensive health planning | 11 | | process, giving special consideration to the impact of projects | 12 | | on access to safety net services.
| 13 | | (2) Adopt procedures for public
notice and hearing on all | 14 | | proposed rules, regulations, standards,
criteria, and plans | 15 | | required to carry out the provisions of this Act.
| 16 | | (3) (Blank).
| 17 | | (4) Develop criteria and standards for health care | 18 | | facilities planning,
conduct statewide inventories of health | 19 | | care facilities, maintain an updated
inventory on the Board's | 20 | | web site reflecting the
most recent bed and service
changes and | 21 | | updated need determinations when new census data become | 22 | | available
or new need formulae
are adopted,
and
develop health | 23 | | care facility plans which shall be utilized in the review of
| 24 | | applications for permit under
this Act. Such health facility | 25 | | plans shall be coordinated by the Board
with pertinent State | 26 | | Plans. Inventories pursuant to this Section of skilled or |
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| 1 | | intermediate care facilities licensed under the Nursing Home | 2 | | Care Act, skilled or intermediate care facilities licensed | 3 | | under the ID/DD Community Care Act, facilities licensed under | 4 | | the Specialized Mental Health Rehabilitation Act, or nursing | 5 | | homes licensed under the Hospital Licensing Act shall be | 6 | | conducted on an annual basis no later than July 1 of each year | 7 | | and shall include among the information requested a list of all | 8 | | services provided by a facility to its residents and to the | 9 | | community at large and differentiate between active and | 10 | | inactive beds.
| 11 | | In developing health care facility plans, the State Board | 12 | | shall consider,
but shall not be limited to, the following:
| 13 | | (a) The size, composition and growth of the population | 14 | | of the area
to be served;
| 15 | | (b) The number of existing and planned facilities | 16 | | offering similar
programs;
| 17 | | (c) The extent of utilization of existing facilities;
| 18 | | (d) The availability of facilities which may serve as | 19 | | alternatives
or substitutes;
| 20 | | (e) The availability of personnel necessary to the | 21 | | operation of the
facility;
| 22 | | (f) Multi-institutional planning and the establishment | 23 | | of
multi-institutional systems where feasible;
| 24 | | (g) The financial and economic feasibility of proposed | 25 | | construction
or modification; and
| 26 | | (h) In the case of health care facilities established |
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| 1 | | by a religious
body or denomination, the needs of the | 2 | | members of such religious body or
denomination may be | 3 | | considered to be public need.
| 4 | | The health care facility plans which are developed and | 5 | | adopted in
accordance with this Section shall form the basis | 6 | | for the plan of the State
to deal most effectively with | 7 | | statewide health needs in regard to health
care facilities.
| 8 | | (5) Coordinate with the Center for Comprehensive Health | 9 | | Planning and other state agencies having responsibilities
| 10 | | affecting health care facilities, including those of licensure | 11 | | and cost
reporting.
| 12 | | (6) Solicit, accept, hold and administer on behalf of the | 13 | | State
any grants or bequests of money, securities or property | 14 | | for
use by the State Board or Center for Comprehensive Health | 15 | | Planning in the administration of this Act; and enter into | 16 | | contracts
consistent with the appropriations for purposes | 17 | | enumerated in this Act.
| 18 | | (7) The State Board shall prescribe procedures for review, | 19 | | standards,
and criteria which shall be utilized
to make | 20 | | periodic reviews and determinations of the appropriateness
of | 21 | | any existing health services being rendered by health care | 22 | | facilities
subject to the Act. The State Board shall consider | 23 | | recommendations of the
Board in making its
determinations.
| 24 | | (8) Prescribe, in consultation
with the Center for | 25 | | Comprehensive Health Planning, rules, regulations,
standards, | 26 | | and criteria for the conduct of an expeditious review of
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| 1 | | applications
for permits for projects of construction or | 2 | | modification of a health care
facility, which projects are | 3 | | classified as emergency, substantive, or non-substantive in | 4 | | nature. | 5 | | Six months after June 30, 2009 (the effective date of | 6 | | Public Act 96-31), substantive projects shall include no more | 7 | | than the following: | 8 | | (a) Projects to construct (1) a new or replacement | 9 | | facility located on a new site or
(2) a replacement | 10 | | facility located on the same site as the original facility | 11 | | and the cost of the replacement facility exceeds the | 12 | | capital expenditure minimum; | 13 | | (b) Projects proposing a
(1) new service or
(2) | 14 | | discontinuation of a service, which shall be reviewed by | 15 | | the Board within 60 days; or | 16 | | (c) Projects proposing a change in the bed capacity of | 17 | | a health care facility by an increase in the total number | 18 | | of beds or by a redistribution of beds among various | 19 | | categories of service or by a relocation of beds from one | 20 | | physical facility or site to another by more than 20 beds | 21 | | or more than 10% of total bed capacity, as defined by the | 22 | | State Board, whichever is less, over a 2-year period. | 23 | | The Chairman may approve applications for exemption that | 24 | | meet the criteria set forth in rules or refer them to the full | 25 | | Board. The Chairman may approve any unopposed application that | 26 | | meets all of the review criteria or refer them to the full |
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| 1 | | Board. | 2 | | Such rules shall
not abridge the right of the Center for | 3 | | Comprehensive Health Planning to make
recommendations on the | 4 | | classification and approval of projects, nor shall
such rules | 5 | | prevent the conduct of a public hearing upon the timely request
| 6 | | of an interested party. Such reviews shall not exceed 60 days | 7 | | from the
date the application is declared to be complete.
| 8 | | (9) Prescribe rules, regulations,
standards, and criteria | 9 | | pertaining to the granting of permits for
construction
and | 10 | | modifications which are emergent in nature and must be | 11 | | undertaken
immediately to prevent or correct structural | 12 | | deficiencies or hazardous
conditions that may harm or injure | 13 | | persons using the facility, as defined
in the rules and | 14 | | regulations of the State Board. This procedure is exempt
from | 15 | | public hearing requirements of this Act.
| 16 | | (10) Prescribe rules,
regulations, standards and criteria | 17 | | for the conduct of an expeditious
review, not exceeding 60 | 18 | | days, of applications for permits for projects to
construct or | 19 | | modify health care facilities which are needed for the care
and | 20 | | treatment of persons who have acquired immunodeficiency | 21 | | syndrome (AIDS)
or related conditions.
| 22 | | (11) Issue written decisions upon request of the applicant | 23 | | or an adversely affected party to the Board within 30 days of | 24 | | the meeting in which a final decision has been made. A "final | 25 | | decision" for purposes of this Act is the decision to approve | 26 | | or deny an application, or take other actions permitted under |
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| 1 | | this Act, at the time and date of the meeting that such action | 2 | | is scheduled by the Board. The staff of the State Board shall | 3 | | prepare a written copy of the final decision and the State | 4 | | Board shall approve a final copy for inclusion in the formal | 5 | | record. | 6 | | (12) Require at least one of its members to participate in | 7 | | any public hearing, after the appointment of the 9 members to | 8 | | the Board. | 9 | | (13) Provide a mechanism for the public to comment on, and | 10 | | request changes to, draft rules and standards. | 11 | | (14) Implement public information campaigns to regularly | 12 | | inform the general public about the opportunity for public | 13 | | hearings and public hearing procedures. | 14 | | (15) Establish a separate set of rules and guidelines for | 15 | | long-term care that recognizes that nursing homes are a | 16 | | different business line and service model from other regulated | 17 | | facilities. An open and transparent process shall be developed | 18 | | that considers the following: how skilled nursing fits in the | 19 | | continuum of care with other care providers, modernization of | 20 | | nursing homes, establishment of more private rooms, | 21 | | development of alternative services, and current trends in | 22 | | long-term care services.
The Chairman of the Board shall | 23 | | appoint a permanent Health Services Review Board Long-term Care | 24 | | Facility Advisory Subcommittee that shall develop and | 25 | | recommend to the Board the rules to be established by the Board | 26 | | under this paragraph (15). The Subcommittee shall also provide |
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| 1 | | continuous review and commentary on policies and procedures | 2 | | relative to long-term care and the review of related projects. | 3 | | In consultation with other experts from the health field of | 4 | | long-term care, the Board and the Subcommittee shall study new | 5 | | approaches to the current bed need formula and Health Service | 6 | | Area boundaries to encourage flexibility and innovation in | 7 | | design models reflective of the changing long-term care | 8 | | marketplace and consumer preferences. The Board shall file the | 9 | | proposed related administrative rules for the separate rules | 10 | | and guidelines for long-term care required by this paragraph | 11 | | (15) by September 1, 2010. The Subcommittee shall be provided a | 12 | | reasonable and timely opportunity to review and comment on any | 13 | | review, revision, or updating of the criteria, standards, | 14 | | procedures, and rules used to evaluate project applications as | 15 | | provided under Section 12.3 of this Act prior to approval by | 16 | | the Board and promulgation of related rules. | 17 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | 18 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | 19 | | revised 9-7-11.)
| 20 | | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| 21 | | (Section scheduled to be repealed on December 31, 2019)
| 22 | | Sec. 13. Investigation of applications for permits and | 23 | | certificates of
recognition. The Agency or the State Board | 24 | | shall make or cause to be made
such investigations as it or the | 25 | | State Board deems necessary in connection
with an application |
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| 1 | | for a permit or an application for a certificate of
| 2 | | recognition, or in connection with a determination of whether | 3 | | or not
construction
or modification which has been commenced is | 4 | | in accord with the permit issued
by the State Board or whether | 5 | | construction or modification has been commenced
without a | 6 | | permit having been obtained. The State Board may issue | 7 | | subpoenas
duces tecum requiring the production of records and | 8 | | may administer oaths
to such witnesses.
| 9 | | Any circuit court of this State, upon the application of | 10 | | the State Board
or upon the application of any party to such | 11 | | proceedings, may, in its
discretion,
compel the attendance of | 12 | | witnesses, the production of books, papers, records,
or | 13 | | memoranda and the giving of testimony before the State Board, | 14 | | by a
proceeding
as for contempt, or otherwise, in the same | 15 | | manner as production of evidence
may be compelled before the | 16 | | court.
| 17 | | The State Board shall require all health facilities | 18 | | operating
in this State
to provide such reasonable reports at | 19 | | such times and containing such
information
as is needed by it | 20 | | to carry out the purposes and provisions of this Act.
Prior to | 21 | | collecting information from health facilities, the State Board
| 22 | | shall make reasonable efforts
through a public process to | 23 | | consult with health facilities and associations
that represent | 24 | | them to determine
whether data and information requests will | 25 | | result in useful information for
health planning, whether
| 26 | | sufficient information is available from other sources, and |
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| 1 | | whether data
requested is routinely collected
by health | 2 | | facilities and is available without retrospective record | 3 | | review. Data
and information requests
shall not impose undue | 4 | | paperwork burdens on health care facilities and
personnel.
| 5 | | Health facilities not complying with this requirement shall be | 6 | | reported
to licensing, accrediting, certifying, or payment | 7 | | agencies as being in
violation
of State law. Health care | 8 | | facilities and other parties at interest shall
have reasonable | 9 | | access, under rules established by the State Board, to all
| 10 | | planning information submitted in accord with this Act | 11 | | pertaining to their
area.
| 12 | | Among the reports to be required by the State Board are | 13 | | facility questionnaires for health care facilities licensed | 14 | | under the Ambulatory Surgical Treatment Center Act, the | 15 | | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | 16 | | Community Care Act, the Specialized Mental Health | 17 | | Rehabilitation Act, or the End Stage Renal Disease Facility | 18 | | Act. These questionnaires shall be conducted on an annual basis | 19 | | and compiled by the Agency. For health care facilities licensed | 20 | | under the Nursing Home Care Act or , the Specialized Mental | 21 | | Health Rehabilitation Act, or the ID/DD Community Care Act, | 22 | | these reports shall include, but not be limited to, the | 23 | | identification of specialty services provided by the facility | 24 | | to patients, residents, and the community at large. For health | 25 | | care facilities that contain long term care beds, the reports | 26 | | shall also include the number of staffed long term care beds, |
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| 1 | | physical capacity for long term care beds at the facility, and | 2 | | long term care beds available for immediate occupancy. For | 3 | | purposes of this paragraph, "long term care beds" means beds
| 4 | | (i) licensed under the Nursing Home Care Act, (ii) licensed | 5 | | under the ID/DD Community Care Act, (iii) licensed under the | 6 | | Hospital Licensing Act, or (iii) (iv) licensed under the | 7 | | Specialized Mental Health Rehabilitation Act and certified as | 8 | | skilled nursing or nursing facility beds under Medicaid or | 9 | | Medicare.
| 10 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 11 | | eff. 1-1-12; revised 9-7-11.)
| 12 | | (20 ILCS 3960/14.1)
| 13 | | Sec. 14.1. Denial of permit; other sanctions. | 14 | | (a) The State Board may deny an application for a permit or | 15 | | may revoke or
take other action as permitted by this Act with | 16 | | regard to a permit as the State
Board deems appropriate, | 17 | | including the imposition of fines as set forth in this
Section, | 18 | | for any one or a combination of the following: | 19 | | (1) The acquisition of major medical equipment without | 20 | | a permit or in
violation of the terms of a permit. | 21 | | (2) The establishment, construction, or modification | 22 | | of a health care
facility without a permit or in violation | 23 | | of the terms of a permit. | 24 | | (3) The violation of any provision of this Act or any | 25 | | rule adopted
under this Act. |
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| 1 | | (4) The failure, by any person subject to this Act, to | 2 | | provide information
requested by the State Board or Agency | 3 | | within 30 days after a formal written
request for the | 4 | | information. | 5 | | (5) The failure to pay any fine imposed under this | 6 | | Section within 30 days
of its imposition. | 7 | | (a-5) For facilities licensed under the ID/DD Community | 8 | | Care Act, no permit shall be denied on the basis of prior | 9 | | operator history, other than for actions specified under item | 10 | | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | 11 | | Act. For facilities licensed under the Specialized Mental | 12 | | Health Rehabilitation Act, no permit shall be denied on the | 13 | | basis of prior operator history, other than for actions | 14 | | specified under item (2), (4), or (5) of Section 3-117 of the | 15 | | Specialized Mental Health Rehabilitation Act. For facilities | 16 | | licensed under the Nursing Home Care Act, no permit shall be | 17 | | denied on the basis of prior operator history, other than for: | 18 | | (i) actions specified under item (2), (3), (4), (5), or (6) of | 19 | | Section 3-117 of the Nursing Home Care Act; (ii) actions | 20 | | specified under item (a)(6) of Section 3-119 of the Nursing | 21 | | Home Care Act; or (iii) actions within the preceding 5 years | 22 | | constituting a substantial and repeated failure to comply with | 23 | | the Nursing Home Care Act or the rules and regulations adopted | 24 | | by the Department under that Act. The State Board shall not | 25 | | deny a permit on account of any action described in this | 26 | | subsection (a-5) without also considering all such actions in |
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| 1 | | the light of all relevant information available to the State | 2 | | Board, including whether the permit is sought to substantially | 3 | | comply with a mandatory or voluntary plan of correction | 4 | | associated with any action described in this 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 | | (3) A person who acquires major medical equipment or | 22 | | who establishes a
category of service without first | 23 | | obtaining a permit or exemption, as the case
may be, shall | 24 | | be fined an amount not to exceed $10,000 for each such
| 25 | | acquisition or category of service established plus an | 26 | | additional $10,000 for
each 30-day period, or fraction |
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| 1 | | thereof, that the violation continues. | 2 | | (4) A person who constructs, modifies, or establishes a | 3 | | health care
facility without first obtaining a permit shall | 4 | | be fined an amount not to
exceed $25,000 plus an additional | 5 | | $25,000 for each 30-day period, or fraction
thereof, that | 6 | | the violation continues. | 7 | | (5) A person who discontinues a health care facility or | 8 | | a category of
service without first obtaining a permit | 9 | | shall be fined an amount not to exceed
$10,000 plus an | 10 | | additional $10,000 for each 30-day period, or fraction | 11 | | thereof,
that the violation continues. For purposes of this | 12 | | subparagraph (5), facilities licensed under the Nursing | 13 | | Home Care Act or the ID/DD Community Care Act , with the | 14 | | exceptions of facilities operated by a county or Illinois | 15 | | Veterans Homes, are exempt from this permit requirement. | 16 | | However, facilities licensed under the Nursing Home Care | 17 | | Act or the ID/DD Community Care Act must comply with | 18 | | Section 3-423 of the Nursing Home Care Act or Section 3-423 | 19 | | of the ID/DD Community Care Act and must provide the Board | 20 | | with 30-days' written notice of its intent to close.
| 21 | | (6) A person subject to this Act who fails to provide | 22 | | information
requested by the State Board or Agency within | 23 | | 30 days of a formal written
request shall be fined an | 24 | | amount not to exceed $1,000 plus an additional $1,000
for | 25 | | each 30-day period, or fraction thereof, that the | 26 | | information is not
received by the State Board or Agency. |
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| 1 | | (c) Before imposing any fine authorized under this Section, | 2 | | the State Board
shall afford the person or permit holder, as | 3 | | the case may be, an appearance
before the State Board and an | 4 | | opportunity for a hearing before a hearing
officer appointed by | 5 | | the State Board. The hearing shall be conducted in
accordance | 6 | | with Section 10. | 7 | | (d) All fines collected under this Act shall be transmitted | 8 | | to the State
Treasurer, who shall deposit them into the | 9 | | Illinois Health Facilities Planning
Fund. | 10 | | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | 11 | | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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