HB4370 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4370

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3960/12  from Ch. 111 1/2, par. 1162
110 ILCS 330/8b new
210 ILCS 85/6.14h new

    Amends the Hospital Licensing Act and the University of Illinois Hospital Act. Provides that the Health Facilities and Services Review Board shall require the University of Illinois Hospital and hospitals with more than 50 beds to submit an annual report by April 15, 2017 and every April 15 thereafter, in a searchable Adobe PDF format, on all procurement goals and actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises in the previous calendar year. Provides that each hospital shall include certain specified information in its annual report. Provides that the Board, the University of Illinois Hospital, and all participating hospitals shall hold an annual workshop open to the public in June of 2016 and every year thereafter on the state of supplier diversity to collaboratively seek solutions to structural impediments to achieving stated goals. Amends the Illinois Health Facilities Planning Act. Requires the Board to adopt rules to implement the reporting requirements. Effective immediately.


LRB099 15652 RPS 39946 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4370LRB099 15652 RPS 39946 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 12 as follows:
 
6    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 12. Powers and duties of State Board. For purposes of
9this Act, the State Board shall exercise the following powers
10and duties:
11    (1) Prescribe rules, regulations, standards, criteria,
12procedures or reviews which may vary according to the purpose
13for which a particular review is being conducted or the type of
14project reviewed and which are required to carry out the
15provisions and purposes of this Act. Policies and procedures of
16the State Board shall take into consideration the priorities
17and needs of medically underserved areas and other health care
18services identified through the comprehensive health planning
19process, giving special consideration to the impact of projects
20on access to safety net services.
21    (2) Adopt procedures for public notice and hearing on all
22proposed rules, regulations, standards, criteria, and plans
23required to carry out the provisions of this Act.

 

 

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1    (3) (Blank).
2    (4) Develop criteria and standards for health care
3facilities planning, conduct statewide inventories of health
4care facilities, maintain an updated inventory on the Board's
5web site reflecting the most recent bed and service changes and
6updated need determinations when new census data become
7available or new need formulae are adopted, and develop health
8care facility plans which shall be utilized in the review of
9applications for permit under this Act. Such health facility
10plans shall be coordinated by the Board with pertinent State
11Plans. Inventories pursuant to this Section of skilled or
12intermediate care facilities licensed under the Nursing Home
13Care Act, skilled or intermediate care facilities licensed
14under the ID/DD Community Care Act, skilled or intermediate
15care facilities licensed under the MC/DD Act, facilities
16licensed under the Specialized Mental Health Rehabilitation
17Act of 2013, or nursing homes licensed under the Hospital
18Licensing Act shall be conducted on an annual basis no later
19than July 1 of each year and shall include among the
20information requested a list of all services provided by a
21facility to its residents and to the community at large and
22differentiate between active and inactive beds.
23    In developing health care facility plans, the State Board
24shall consider, but shall not be limited to, the following:
25        (a) The size, composition and growth of the population
26    of the area to be served;

 

 

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1        (b) The number of existing and planned facilities
2    offering similar programs;
3        (c) The extent of utilization of existing facilities;
4        (d) The availability of facilities which may serve as
5    alternatives or substitutes;
6        (e) The availability of personnel necessary to the
7    operation of the facility;
8        (f) Multi-institutional planning and the establishment
9    of multi-institutional systems where feasible;
10        (g) The financial and economic feasibility of proposed
11    construction or modification; and
12        (h) In the case of health care facilities established
13    by a religious body or denomination, the needs of the
14    members of such religious body or denomination may be
15    considered to be public need.
16    The health care facility plans which are developed and
17adopted in accordance with this Section shall form the basis
18for the plan of the State to deal most effectively with
19statewide health needs in regard to health care facilities.
20    (5) Coordinate with the Center for Comprehensive Health
21Planning and other state agencies having responsibilities
22affecting health care facilities, including those of licensure
23and cost reporting. Beginning no later than January 1, 2013,
24the Department of Public Health shall produce a written annual
25report to the Governor and the General Assembly regarding the
26development of the Center for Comprehensive Health Planning.

 

 

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1The Chairman of the State Board and the State Board
2Administrator shall also receive a copy of the annual report.
3    (6) Solicit, accept, hold and administer on behalf of the
4State any grants or bequests of money, securities or property
5for use by the State Board or Center for Comprehensive Health
6Planning in the administration of this Act; and enter into
7contracts consistent with the appropriations for purposes
8enumerated in this Act.
9    (7) The State Board shall prescribe procedures for review,
10standards, and criteria which shall be utilized to make
11periodic reviews and determinations of the appropriateness of
12any existing health services being rendered by health care
13facilities subject to the Act. The State Board shall consider
14recommendations of the Board in making its determinations.
15    (8) Prescribe, in consultation with the Center for
16Comprehensive Health Planning, rules, regulations, standards,
17and criteria for the conduct of an expeditious review of
18applications for permits for projects of construction or
19modification of a health care facility, which projects are
20classified as emergency, substantive, or non-substantive in
21nature.
22    Six months after June 30, 2009 (the effective date of
23Public Act 96-31), substantive projects shall include no more
24than the following:
25        (a) Projects to construct (1) a new or replacement
26    facility located on a new site or (2) a replacement

 

 

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1    facility located on the same site as the original facility
2    and the cost of the replacement facility exceeds the
3    capital expenditure minimum, which shall be reviewed by the
4    Board within 120 days;
5        (b) Projects proposing a (1) new service within an
6    existing healthcare facility or (2) discontinuation of a
7    service within an existing healthcare facility, which
8    shall be reviewed by the Board within 60 days; or
9        (c) Projects proposing a change in the bed capacity of
10    a health care facility by an increase in the total number
11    of beds or by a redistribution of beds among various
12    categories of service or by a relocation of beds from one
13    physical facility or site to another by more than 20 beds
14    or more than 10% of total bed capacity, as defined by the
15    State Board, whichever is less, over a 2-year period.
16    The Chairman may approve applications for exemption that
17meet the criteria set forth in rules or refer them to the full
18Board. The Chairman may approve any unopposed application that
19meets all of the review criteria or refer them to the full
20Board.
21    Such rules shall not abridge the right of the Center for
22Comprehensive Health Planning to make recommendations on the
23classification and approval of projects, nor shall such rules
24prevent the conduct of a public hearing upon the timely request
25of an interested party. Such reviews shall not exceed 60 days
26from the date the application is declared to be complete.

 

 

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1    (9) Prescribe rules, regulations, standards, and criteria
2pertaining to the granting of permits for construction and
3modifications which are emergent in nature and must be
4undertaken immediately to prevent or correct structural
5deficiencies or hazardous conditions that may harm or injure
6persons using the facility, as defined in the rules and
7regulations of the State Board. This procedure is exempt from
8public hearing requirements of this Act.
9    (10) Prescribe rules, regulations, standards and criteria
10for the conduct of an expeditious review, not exceeding 60
11days, of applications for permits for projects to construct or
12modify health care facilities which are needed for the care and
13treatment of persons who have acquired immunodeficiency
14syndrome (AIDS) or related conditions.
15    (10.5) Provide its rationale when voting on an item before
16it at a State Board meeting in order to comply with subsection
17(b) of Section 3-108 of the Code of Civil Procedure.
18    (11) Issue written decisions upon request of the applicant
19or an adversely affected party to the Board. Requests for a
20written decision shall be made within 15 days after the Board
21meeting in which a final decision has been made. A "final
22decision" for purposes of this Act is the decision to approve
23or deny an application, or take other actions permitted under
24this Act, at the time and date of the meeting that such action
25is scheduled by the Board. The transcript of the State Board
26meeting shall be incorporated into the Board's final decision.

 

 

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1The staff of the Board shall prepare a written copy of the
2final decision and the Board shall approve a final copy for
3inclusion in the formal record. The Board shall consider, for
4approval, the written draft of the final decision no later than
5the next scheduled Board meeting. The written decision shall
6identify the applicable criteria and factors listed in this Act
7and the Board's regulations that were taken into consideration
8by the Board when coming to a final decision. If the Board
9denies or fails to approve an application for permit or
10exemption, the Board shall include in the final decision a
11detailed explanation as to why the application was denied and
12identify what specific criteria or standards the applicant did
13not fulfill.
14    (12) Require at least one of its members to participate in
15any public hearing, after the appointment of a majority of the
16members to the Board.
17    (13) Provide a mechanism for the public to comment on, and
18request changes to, draft rules and standards.
19    (14) Implement public information campaigns to regularly
20inform the general public about the opportunity for public
21hearings and public hearing procedures.
22    (15) Establish a separate set of rules and guidelines for
23long-term care that recognizes that nursing homes are a
24different business line and service model from other regulated
25facilities. An open and transparent process shall be developed
26that considers the following: how skilled nursing fits in the

 

 

HB4370- 8 -LRB099 15652 RPS 39946 b

1continuum of care with other care providers, modernization of
2nursing homes, establishment of more private rooms,
3development of alternative services, and current trends in
4long-term care services. The Chairman of the Board shall
5appoint a permanent Health Services Review Board Long-term Care
6Facility Advisory Subcommittee that shall develop and
7recommend to the Board the rules to be established by the Board
8under this paragraph (15). The Subcommittee shall also provide
9continuous review and commentary on policies and procedures
10relative to long-term care and the review of related projects.
11The Subcommittee shall make recommendations to the Board no
12later than January 1, 2016 and every January thereafter
13pursuant to the Subcommittee's responsibility for the
14continuous review and commentary on policies and procedures
15relative to long-term care. In consultation with other experts
16from the health field of long-term care, the Board and the
17Subcommittee shall study new approaches to the current bed need
18formula and Health Service Area boundaries to encourage
19flexibility and innovation in design models reflective of the
20changing long-term care marketplace and consumer preferences
21and submit its recommendations to the Chairman of the Board no
22later than January 1, 2017. The Subcommittee shall evaluate,
23and make recommendations to the State Board regarding, the
24buying, selling, and exchange of beds between long-term care
25facilities within a specified geographic area or drive time.
26The Board shall file the proposed related administrative rules

 

 

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1for the separate rules and guidelines for long-term care
2required by this paragraph (15) by no later than September 30,
32011. The Subcommittee shall be provided a reasonable and
4timely opportunity to review and comment on any review,
5revision, or updating of the criteria, standards, procedures,
6and rules used to evaluate project applications as provided
7under Section 12.3 of this Act.
8    The Chairman of the Board shall appoint voting members of
9the Subcommittee, who shall serve for a period of 3 years, with
10one-third of the terms expiring each January, to be determined
11by lot. Appointees shall include, but not be limited to,
12recommendations from each of the 3 statewide long-term care
13associations, with an equal number to be appointed from each.
14Compliance with this provision shall be through the appointment
15and reappointment process. All appointees serving as of April
161, 2015 shall serve to the end of their term as determined by
17lot or until the appointee voluntarily resigns, whichever is
18earlier.
19    One representative from the Department of Public Health,
20the Department of Healthcare and Family Services, the
21Department on Aging, and the Department of Human Services may
22each serve as an ex-officio non-voting member of the
23Subcommittee. The Chairman of the Board shall select a
24Subcommittee Chair, who shall serve for a period of 3 years.
25    (16) Prescribe the format of the State Board Staff Report.
26A State Board Staff Report shall pertain to applications that

 

 

HB4370- 10 -LRB099 15652 RPS 39946 b

1include, but are not limited to, applications for permit or
2exemption, applications for permit renewal, applications for
3extension of the obligation period, applications requesting a
4declaratory ruling, or applications under the Health Care
5Worker Self-Referral Act. State Board Staff Reports shall
6compare applications to the relevant review criteria under the
7Board's rules.
8    (17) Establish a separate set of rules and guidelines for
9facilities licensed under the Specialized Mental Health
10Rehabilitation Act of 2013. An application for the
11re-establishment of a facility in connection with the
12relocation of the facility shall not be granted unless the
13applicant has a contractual relationship with at least one
14hospital to provide emergency and inpatient mental health
15services required by facility consumers, and at least one
16community mental health agency to provide oversight and
17assistance to facility consumers while living in the facility,
18and appropriate services, including case management, to assist
19them to prepare for discharge and reside stably in the
20community thereafter. No new facilities licensed under the
21Specialized Mental Health Rehabilitation Act of 2013 shall be
22established after June 16, 2014 (the effective date of Public
23Act 98-651) except in connection with the relocation of an
24existing facility to a new location. An application for a new
25location shall not be approved unless there are adequate
26community services accessible to the consumers within a

 

 

HB4370- 11 -LRB099 15652 RPS 39946 b

1reasonable distance, or by use of public transportation, so as
2to facilitate the goal of achieving maximum individual
3self-care and independence. At no time shall the total number
4of authorized beds under this Act in facilities licensed under
5the Specialized Mental Health Rehabilitation Act of 2013 exceed
6the number of authorized beds on June 16, 2014 (the effective
7date of Public Act 98-651).
8    (18) Adopt rules to implement the requirements of Section
98b of the University of Illinois Hospital Act and Section 6.14h
10of the Hospital Licensing Act.
11(Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13;
1298-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff.
137-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277,
14eff. 8-5-15; revised 10-15-15.)
 
15    Section 10. The University of Illinois Hospital Act is
16amended by adding Section 8b as follows:
 
17    (110 ILCS 330/8b new)
18    Sec. 8b. Supplier diversity goals.
19    (a) The public policy of this State is to collaboratively
20work with hospitals that serve Illinois residents to improve
21their supplier diversity in a non-antagonistic manner.
22    (b) The Health Facilities and Services Review Board shall
23require the University of Illinois Hospital to submit an annual
24report by April 15, 2017 and every April 15 thereafter, in a

 

 

HB4370- 12 -LRB099 15652 RPS 39946 b

1searchable Adobe PDF format, on all procurement goals and
2actual spending for female-owned, minority-owned,
3veteran-owned, and small business enterprises in the previous
4calendar year. These goals shall be expressed as a percentage
5of the total work performed by the entity submitting the
6report, and the actual spending for all female-owned,
7minority-owned, veteran-owned, and small business enterprises
8shall also be expressed as a percentage of the total work
9performed by the entity submitting the report.
10    (c) The University of Illinois Hospital in its annual
11report shall include the following information:
12        (1) an explanation of the plan for the next year to
13    increase participation;
14        (2) an explanation of the plan to increase the goals;
15        (3) the areas of procurement that the University of
16    Illinois Hospital shall be actively seeking more
17    participation in in the next year;
18        (4) an outline of the plan to alert and encourage
19    potential vendors in that area to seek business from the
20    University of Illinois Hospital;
21        (5) an explanation of the challenges faced in finding
22    quality vendors and offer any suggestions for what the
23    Health Facilities and Services Review Board could do to be
24    helpful to identify those vendors;
25        (6) a list of the certifications the University of
26    Illinois Hospital recognizes;

 

 

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1        (7) the point of contact for any potential vendor who
2    wishes to do business with the University of Illinois
3    Hospital and explain the process for a vendor to enroll
4    with the University of Illinois Hospital as a
5    minority-owned, women-owned, or veteran-owned company; and
6        (8) any particular success stories to encourage other
7    hospitals to emulate best practices.
8    (d) Each annual report shall include the rules,
9regulations, and definitions used for the procurement goals in
10the University of Illinois Hospital's annual report.
11    (e) The University of Illinois Hospital shall participate
12in the annual workshop described in subsection (e) of Section
136.14h of the Hospital Licensing Act. The Health Facilities and
14Services Review Board shall publish a database on its website
15of the point of contact for the University of Illinois Hospital
16for supplier diversity, along with a list of certifications the
17University of Illinois Hospital recognizes from the
18information submitted in each annual report. The Health
19Facilities and Services Review Board shall publish each annual
20report on its website and shall maintain each annual report for
21at least 5 years.
 
22    Section 15. The Hospital Licensing Act is amended by adding
23Section 6.14h as follows:
 
24    (210 ILCS 85/6.14h new)

 

 

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1    Sec. 6.14h. Supplier diversity goals.
2    (a) The public policy of this State is to collaboratively
3work with hospitals that serve Illinois residents to improve
4their supplier diversity in a non-antagonistic manner.
5    (b) The Health Facilities and Services Review Board shall
6require all participating hospitals under the Health
7Facilities and Services Review Board's authority to submit an
8annual report by April 15, 2017 and every April 15 thereafter,
9in a searchable Adobe PDF format, on all procurement goals and
10actual spending for female-owned, minority-owned,
11veteran-owned, and small business enterprises in the previous
12calendar year. These goals shall be expressed as a percentage
13of the total work performed by the participating hospital
14submitting the report, and the actual spending for all
15female-owned, minority-owned, veteran-owned, and small
16business enterprises shall also be expressed as a percentage of
17the total work performed by the entity submitting the report.
18    (c) Each participating hospital in its annual report shall
19include the following information:
20        (1) an explanation of the plan for the next year to
21    increase participation;
22        (2) an explanation of the plan to increase the goals;
23        (3) the areas of procurement that the participating
24    hospital shall be actively seeking more participation in in
25    the next year;
26        (4) an outline of the plan to alert and encourage

 

 

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1    potential vendors in that area to seek business from the
2    participating hospital;
3        (5) an explanation of the challenges faced in finding
4    quality vendors and offer any suggestions for what the
5    Health Facilities and Services Review Board could do to be
6    helpful to identify those vendors;
7        (6) a list of the certifications the participating
8    hospital recognizes;
9        (7) the point of contact for any potential vendor who
10    wishes to do business with the participating hospital and
11    explain the process for a vendor to enroll with the
12    participating hospital as a minority-owned, women-owned,
13    or veteran-owned company; and
14        (8) any particular success stories to encourage other
15    hospitals to emulate best practices.
16    (d) Each annual report shall include the rules,
17regulations, and definitions used for the procurement goals in
18the participating hospital's annual report.
19    (e) The Health Facilities and Services Review Board, the
20University of Illinois Hospital, and all participating
21hospitals shall hold an annual workshop open to the public in
222016 and every year thereafter on the state of supplier
23diversity to collaboratively seek solutions to structural
24impediments to achieving stated goals, including testimony
25from each participating hospital as well as subject matter
26experts and advocates. The Health Facilities and Services

 

 

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1Review Board shall publish a database on its website of the
2point of contact for each participating hospital for supplier
3diversity, along with a list of certifications each
4participating hospital recognizes from the information
5submitted in each annual report. The Health Facilities and
6Services Review Board shall publish each annual report on its
7website and shall maintain each annual report for at least 5
8years.
9    (f) For the purposes of this Section, "participating
10hospital" means a hospital that has more than 50 beds.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.