Full Text of SB3269 97th General Assembly
SB3269sam002 97TH GENERAL ASSEMBLY | Sen. William Delgado Filed: 3/23/2012
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| 1 | | AMENDMENT TO SENATE BILL 3269
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3269 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended by changing Sections 4 and 12 as follows:
| 6 | | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
| 7 | | (Section scheduled to be repealed on December 31, 2019)
| 8 | | Sec. 4. Health Facilities and Services Review Board; | 9 | | membership; appointment; term;
compensation; quorum. | 10 | | Notwithstanding any other provision in this Section, members of | 11 | | the State Board holding office on the day before the effective | 12 | | date of this amendatory Act of the 96th General Assembly shall | 13 | | retain their authority. | 14 | | (a) There is created the Health
Facilities and Services | 15 | | Review Board, which
shall perform the functions described in | 16 | | this
Act. The Department shall provide operational support to |
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| 1 | | the Board, including the provision of office space, supplies, | 2 | | and clerical, financial, and accounting services. The Board may | 3 | | contract with experts related to specific health services or | 4 | | facilities and create technical advisory panels to assist in | 5 | | the development of criteria, standards, and procedures used in | 6 | | the evaluation of applications for permit and exemption.
| 7 | | (b) Beginning January 1, 2013 March 1, 2010 , the State | 8 | | Board shall consist of 11 9 voting members. All members shall | 9 | | be residents of Illinois and at least 5 4 shall reside outside | 10 | | the Chicago Metropolitan Statistical Area. Consideration shall | 11 | | be given to potential appointees who reflect the ethnic and | 12 | | cultural diversity of the State. Neither Board members nor | 13 | | Board staff shall be convicted felons or have pled guilty to a | 14 | | felony. | 15 | | Each member shall have a reasonable knowledge of the | 16 | | practice, procedures and principles of the health care delivery | 17 | | system in Illinois, including at least 6 5 members who shall be | 18 | | knowledgeable about health care delivery systems, health | 19 | | systems planning, finance, or the management of health care | 20 | | facilities currently regulated under the Act. One member shall | 21 | | be a representative of a non-profit health care consumer | 22 | | advocacy organization. Spouses or other members of the | 23 | | immediate family of the Board cannot be an employee, agent, or | 24 | | under contract with services or facilities subject to the Act. | 25 | | Prior to appointment and in the course of service on the Board, | 26 | | members of the Board shall disclose the employment or other |
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| 1 | | financial interest of any other relative of the member, if | 2 | | known, in service or facilities subject to the Act. Members of | 3 | | the Board shall declare any conflict of interest that may exist | 4 | | with respect to the status of those relatives and recuse | 5 | | themselves from voting on any issue for which a conflict of | 6 | | interest is declared. No person shall be appointed or continue | 7 | | to serve as a member of the State Board who is, or whose | 8 | | spouse, parent, or child is, a member of the Board of Directors | 9 | | of, has a financial interest in, or has a business relationship | 10 | | with a health care facility. | 11 | | Notwithstanding any provision of this Section to the | 12 | | contrary, the term of
office of each member of the State Board | 13 | | serving on the day before the effective date of this amendatory | 14 | | Act of the 96th General Assembly is abolished on the date upon | 15 | | which members of the 9-member Board, as established by this | 16 | | amendatory Act of the 96th General Assembly, have been | 17 | | appointed and can begin to take action as a Board. Members of | 18 | | the State Board serving on the day before the effective date of | 19 | | this amendatory Act of the 96th General Assembly may be | 20 | | reappointed to the 9-member Board. Prior to March 1, 2010, the | 21 | | Health Facilities Planning Board shall establish a plan to | 22 | | transition its powers and duties to the Health Facilities and | 23 | | Services Review Board.
| 24 | | (c) The State Board shall be appointed by the Governor, | 25 | | with the advice
and consent of the Senate. Not more than 6 5 of | 26 | | the
appointments shall be of the same political party at the |
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| 1 | | time of the appointment.
| 2 | | The Secretary of Human Services, the Director of Healthcare | 3 | | and Family Services, and
the Director of Public Health, or | 4 | | their designated representatives,
shall serve as ex-officio, | 5 | | non-voting members of the State Board.
| 6 | | (d) Of those 9 members initially appointed by the Governor | 7 | | following the effective date of this
amendatory Act of the 96th | 8 | | General Assembly, 3 shall serve for terms expiring
July 1, | 9 | | 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | 10 | | shall serve
for terms expiring July 1, 2013. The 2 members | 11 | | initially appointed by the Governor pursuant to this amendatory | 12 | | Act of the 97th General Assembly shall serve for terms expiring | 13 | | July 1, 2015. Thereafter, each
appointed member shall
hold | 14 | | office for a term of 3 years, provided that any member
| 15 | | appointed to fill a vacancy
occurring prior to the expiration | 16 | | of the
term for which his or her predecessor was appointed | 17 | | shall be appointed for the
remainder of such term and the term | 18 | | of office of each successor shall
commence on July 1 of the | 19 | | year in which his predecessor's term expires. Each
member | 20 | | appointed after the effective date of this amendatory Act of | 21 | | the 96th General Assembly shall hold office until his or her | 22 | | successor is appointed and qualified. The Governor may | 23 | | reappoint a member for additional terms, but no member shall | 24 | | serve more than 3 terms, subject to review and re-approval | 25 | | every 3 years.
| 26 | | (e) State Board members, while serving on business of the |
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| 1 | | State Board,
shall receive actual and necessary travel and | 2 | | subsistence expenses while
so serving away from their places
of | 3 | | residence. Until March 1, 2010, a
member of the State Board who | 4 | | experiences a significant financial hardship
due to the loss of | 5 | | income on days of attendance at meetings or while otherwise
| 6 | | engaged in the business of the State Board may be paid a | 7 | | hardship allowance, as
determined by and subject to the | 8 | | approval of the Governor's Travel Control
Board.
| 9 | | (f) The Governor shall designate one of the members to | 10 | | serve as the Chairman of the Board, who shall be a person with | 11 | | expertise in health care delivery system planning, finance or | 12 | | management of health care facilities that are regulated under | 13 | | the Act. The Chairman shall annually review Board member | 14 | | performance and shall report the attendance record of each | 15 | | Board member to the General Assembly. | 16 | | (g) The State Board, through the Chairman, shall prepare a | 17 | | separate and distinct budget approved by the General Assembly | 18 | | and shall hire and supervise its own professional staff | 19 | | responsible for carrying out the responsibilities of the Board.
| 20 | | (h) The State Board shall meet at least every 45 days, or | 21 | | as often as
the Chairman of the State Board deems necessary, or | 22 | | upon the request of
a majority of the members.
| 23 | | (i) Six
Five members of the State Board shall constitute a | 24 | | quorum.
The affirmative vote of 6 5 of the members of the State | 25 | | Board shall be
necessary for
any action requiring a vote to be | 26 | | taken by the State
Board. A vacancy in the membership of the |
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| 1 | | State Board shall not impair the
right of a quorum to exercise | 2 | | all the rights and perform all the duties of the
State Board as | 3 | | provided by this Act.
| 4 | | (j) A State Board member shall disqualify himself or | 5 | | herself from the
consideration of any application for a permit | 6 | | or
exemption in which the State Board member or the State Board | 7 | | member's spouse,
parent, or child: (i) has
an economic interest | 8 | | in the matter; or (ii) is employed by, serves as a
consultant | 9 | | for, or is a member of the
governing board of the applicant or | 10 | | a party opposing the application.
| 11 | | (k) The Chairman, Board members, and Board staff must | 12 | | comply with the Illinois Governmental Ethics Act. | 13 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
| 14 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 15 | | (Section scheduled to be repealed on December 31, 2019) | 16 | | Sec. 12. Powers and duties of State Board. For purposes of | 17 | | this Act,
the State Board
shall
exercise the following powers | 18 | | and duties:
| 19 | | (1) Prescribe rules,
regulations, standards, criteria, | 20 | | procedures or reviews which may vary
according to the purpose | 21 | | for which a particular review is being conducted
or the type of | 22 | | project reviewed and which are required to carry out the
| 23 | | provisions and purposes of this Act. Policies and procedures of | 24 | | the State Board shall take into consideration the priorities | 25 | | and needs of medically underserved areas and other health care |
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| 1 | | services identified through the comprehensive health planning | 2 | | process, giving special consideration to the impact of projects | 3 | | on access to safety net services. Each rule, regulation, | 4 | | standard, criteria, procedure, or review for the need of | 5 | | facilities, services, or equipment shall include consideration | 6 | | of current and reliable epidemiological evidence, and the | 7 | | availability of care from such facilities, services, or | 8 | | equipment shall not be less than the epidemiologically | 9 | | projected need for each racial and ethnic group.
| 10 | | (2) Adopt procedures for public
notice and hearing on all | 11 | | proposed rules, regulations, standards,
criteria, and plans | 12 | | required to carry out the provisions of this Act.
| 13 | | (3) (Blank).
| 14 | | (4) Develop criteria and standards for health care | 15 | | facilities planning,
conduct statewide inventories of health | 16 | | care facilities, maintain an updated
inventory on the Board's | 17 | | web site reflecting the
most recent bed and service
changes and | 18 | | updated need determinations when new census data become | 19 | | available
or new need formulae
are adopted,
and
develop health | 20 | | care facility plans which shall be utilized in the review of
| 21 | | applications for permit under
this Act. Such health facility | 22 | | plans shall be coordinated by the Board
with pertinent State | 23 | | Plans. Inventories pursuant to this Section of skilled or | 24 | | intermediate care facilities licensed under the Nursing Home | 25 | | Care Act, skilled or intermediate care facilities licensed | 26 | | under the ID/DD Community Care Act, facilities licensed under |
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| 1 | | the Specialized Mental Health Rehabilitation Act, or nursing | 2 | | homes licensed under the Hospital Licensing Act shall be | 3 | | conducted on an annual basis no later than July 1 of each year | 4 | | and shall include among the information requested a list of all | 5 | | services provided by a facility to its residents and to the | 6 | | community at large and differentiate between active and | 7 | | inactive beds.
| 8 | | In developing health care facility plans, the State Board | 9 | | shall consider,
but shall not be limited to, the following:
| 10 | | (a) The size, composition and growth of the population | 11 | | of the area
to be served;
| 12 | | (b) The number of existing and planned facilities | 13 | | offering similar
programs;
| 14 | | (c) The extent of utilization of existing facilities;
| 15 | | (d) The availability of facilities which may serve as | 16 | | alternatives
or substitutes;
| 17 | | (e) The availability of personnel necessary to the | 18 | | operation of the
facility;
| 19 | | (f) Multi-institutional planning and the establishment | 20 | | of
multi-institutional systems where feasible;
| 21 | | (g) The financial and economic feasibility of proposed | 22 | | construction
or modification; and
| 23 | | (h) In the case of health care facilities established | 24 | | by a religious
body or denomination, the needs of the | 25 | | members of such religious body or
denomination may be | 26 | | considered to be public need.
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| 1 | | The health care facility plans which are developed and | 2 | | adopted in
accordance with this Section shall form the basis | 3 | | for the plan of the State
to deal most effectively with | 4 | | statewide health needs in regard to health
care facilities.
| 5 | | (5) Coordinate with the Center for Comprehensive Health | 6 | | Planning and other state agencies having responsibilities
| 7 | | affecting health care facilities, including those of licensure | 8 | | and cost
reporting.
| 9 | | (6) Solicit, accept, hold and administer on behalf of the | 10 | | State
any grants or bequests of money, securities or property | 11 | | for
use by the State Board or Center for Comprehensive Health | 12 | | Planning in the administration of this Act; and enter into | 13 | | contracts
consistent with the appropriations for purposes | 14 | | enumerated in this Act.
| 15 | | (7) The State Board shall prescribe procedures for review, | 16 | | standards,
and criteria which shall be utilized
to make | 17 | | periodic reviews and determinations of the appropriateness
of | 18 | | any existing health services being rendered by health care | 19 | | facilities
subject to the Act. The State Board shall consider | 20 | | recommendations of the
Board in making its
determinations.
| 21 | | (8) Prescribe, in consultation
with the Center for | 22 | | Comprehensive Health Planning, rules, regulations,
standards, | 23 | | and criteria for the conduct of an expeditious review of
| 24 | | applications
for permits for projects of construction or | 25 | | modification of a health care
facility, which projects are | 26 | | classified as emergency, substantive, or non-substantive in |
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| 1 | | nature. | 2 | | Six months after June 30, 2009 (the effective date of | 3 | | Public Act 96-31), substantive projects shall include no more | 4 | | than the following: | 5 | | (a) Projects to construct (1) a new or replacement | 6 | | facility located on a new site or
(2) a replacement | 7 | | facility located on the same site as the original facility | 8 | | and the cost of the replacement facility exceeds the | 9 | | capital expenditure minimum; | 10 | | (b) Projects proposing a
(1) new service or
(2) | 11 | | discontinuation of a service, which shall be reviewed by | 12 | | the Board within 60 days; or | 13 | | (c) Projects proposing a change in the bed capacity of | 14 | | a health care facility by an increase in the total number | 15 | | of beds or by a redistribution of beds among various | 16 | | categories of service or by a relocation of beds from one | 17 | | physical facility or site to another by more than 20 beds | 18 | | or more than 10% of total bed capacity, as defined by the | 19 | | State Board, whichever is less, over a 2-year period. | 20 | | The Chairman may approve applications for exemption that | 21 | | meet the criteria set forth in rules or refer them to the full | 22 | | Board. The Chairman may approve any unopposed application that | 23 | | meets all of the review criteria or refer them to the full | 24 | | Board. | 25 | | Such rules shall
not abridge the right of the Center for | 26 | | Comprehensive Health Planning to make
recommendations on the |
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| 1 | | classification and approval of projects, nor shall
such rules | 2 | | prevent the conduct of a public hearing upon the timely request
| 3 | | of an interested party. Such reviews shall not exceed 60 days | 4 | | from the
date the application is declared to be complete.
| 5 | | (9) Prescribe rules, regulations,
standards, and criteria | 6 | | pertaining to the granting of permits for
construction
and | 7 | | modifications which are emergent in nature and must be | 8 | | undertaken
immediately to prevent or correct structural | 9 | | deficiencies or hazardous
conditions that may harm or injure | 10 | | persons using the facility, as defined
in the rules and | 11 | | regulations of the State Board. This procedure is exempt
from | 12 | | public hearing requirements of this Act.
| 13 | | (10) Prescribe rules,
regulations, standards and criteria | 14 | | for the conduct of an expeditious
review, not exceeding 60 | 15 | | days, of applications for permits for projects to
construct or | 16 | | modify health care facilities which are needed for the care
and | 17 | | treatment of persons who have acquired immunodeficiency | 18 | | syndrome (AIDS)
or related conditions.
| 19 | | (11) Issue written decisions upon request of the applicant | 20 | | or an adversely affected party to the Board within 30 days of | 21 | | the meeting in which a final decision has been made. A "final | 22 | | decision" for purposes of this Act is the decision to approve | 23 | | or deny an application, or take other actions permitted under | 24 | | this Act, at the time and date of the meeting that such action | 25 | | is scheduled by the Board. The staff of the State Board shall | 26 | | prepare a written copy of the final decision and the State |
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| 1 | | Board shall approve a final copy for inclusion in the formal | 2 | | record. | 3 | | (12) Require at least one of its members to participate in | 4 | | any public hearing, after the appointment of the 9 members to | 5 | | the Board. | 6 | | (13) Provide a mechanism for the public to comment on, and | 7 | | request changes to, draft rules and standards. | 8 | | (14) Implement public information campaigns to regularly | 9 | | inform the general public about the opportunity for public | 10 | | hearings and public hearing procedures. | 11 | | (15) Establish a separate set of rules and guidelines for | 12 | | long-term care that recognizes that nursing homes are a | 13 | | different business line and service model from other regulated | 14 | | facilities. An open and transparent process shall be developed | 15 | | that considers the following: how skilled nursing fits in the | 16 | | continuum of care with other care providers, modernization of | 17 | | nursing homes, establishment of more private rooms, | 18 | | development of alternative services, and current trends in | 19 | | long-term care services.
The Chairman of the Board shall | 20 | | appoint a permanent Health Services Review Board Long-term Care | 21 | | Facility Advisory Subcommittee that shall develop and | 22 | | recommend to the Board the rules to be established by the Board | 23 | | under this paragraph (15). The Subcommittee shall also provide | 24 | | continuous review and commentary on policies and procedures | 25 | | relative to long-term care and the review of related projects. | 26 | | In consultation with other experts from the health field of |
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| 1 | | long-term care, the Board and the Subcommittee shall study new | 2 | | approaches to the current bed need formula and Health Service | 3 | | Area boundaries to encourage flexibility and innovation in | 4 | | design models reflective of the changing long-term care | 5 | | marketplace and consumer preferences. The Board shall file the | 6 | | proposed related administrative rules for the separate rules | 7 | | and guidelines for long-term care required by this paragraph | 8 | | (15) by September 1, 2010. The Subcommittee shall be provided a | 9 | | reasonable and timely opportunity to review and comment on any | 10 | | review, revision, or updating of the criteria, standards, | 11 | | procedures, and rules used to evaluate project applications as | 12 | | provided under Section 12.3 of this Act prior to approval by | 13 | | the Board and promulgation of 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; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | 16 | | revised 9-7-11.)
| 17 | | Section 99. Effective date. This Act takes effect January | 18 | | 1, 2013.".
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