Full Text of HB4517 99th General Assembly
HB4517eng 99TH GENERAL ASSEMBLY |
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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 Civil Administrative Code of Illinois is | 5 | | amended by changing Section 5-565 as follows:
| 6 | | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
| 7 | | Sec. 5-565. In the Department of Public Health.
| 8 | | (a) The General Assembly declares it to be the public | 9 | | policy of this
State that all citizens of Illinois are entitled | 10 | | to lead healthy lives.
Governmental public health has a | 11 | | specific responsibility to ensure that a
public health system | 12 | | is in place to allow the public health mission to be achieved. | 13 | | The public health system is the collection of public, private, | 14 | | and voluntary entities as well as individuals and informal | 15 | | associations that contribute to the public's health within the | 16 | | State. To
develop a public health system requires certain core | 17 | | functions to be performed by
government. The State Board of | 18 | | Health is to assume the leadership role in
advising the | 19 | | Director in meeting the following functions:
| 20 | | (1) Needs assessment.
| 21 | | (2) Statewide health objectives.
| 22 | | (3) Policy development.
| 23 | | (4) Assurance of access to necessary services.
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| 1 | | There shall be a State Board of Health composed of 20 | 2 | | persons,
all of
whom shall be appointed by the Governor, with | 3 | | the advice and consent of the
Senate for those appointed by the | 4 | | Governor on and after June 30, 1998,
and one of whom shall be a
| 5 | | senior citizen age 60 or over. Five members shall be physicians | 6 | | licensed
to practice medicine in all its branches, one | 7 | | representing a medical school
faculty, one who is board | 8 | | certified in preventive medicine, and one who is
engaged in | 9 | | private practice. One member shall be a chiropractic physician. | 10 | | One member shall be a dentist; one an
environmental health | 11 | | practitioner; one a local public health administrator;
one a | 12 | | local board of health member; one a registered nurse; one a | 13 | | physical therapist; one an optometrist; one a
veterinarian; one | 14 | | a public health academician; one a health care industry
| 15 | | representative; one a representative of the business | 16 | | community; one a representative of the non-profit public | 17 | | interest community; and 2 shall be citizens at large.
| 18 | | The terms of Board of Health members shall be 3 years, | 19 | | except that members shall continue to serve on the Board of | 20 | | Health until a replacement is appointed. Upon the effective | 21 | | date of this amendatory Act of the 93rd General Assembly, in | 22 | | the appointment of the Board of Health members appointed to | 23 | | vacancies or positions with terms expiring on or before | 24 | | December 31, 2004, the Governor shall appoint up to 6 members | 25 | | to serve for terms of 3 years; up to 6 members to serve for | 26 | | terms of 2 years; and up to 5 members to serve for a term of one |
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| 1 | | year, so that the term of no more than 6 members expire in the | 2 | | same year.
All members shall
be legal residents of the State of | 3 | | Illinois. The duties of the Board shall
include, but not be | 4 | | limited to, the following:
| 5 | | (1) To advise the Department of ways to encourage | 6 | | public understanding
and support of the Department's | 7 | | programs.
| 8 | | (2) To evaluate all boards, councils, committees, | 9 | | authorities, and
bodies
advisory to, or an adjunct of, the | 10 | | Department of Public Health or its
Director for the purpose | 11 | | of recommending to the Director one or
more of the | 12 | | following:
| 13 | | (i) The elimination of bodies whose activities
are | 14 | | not consistent with goals and objectives of the | 15 | | Department.
| 16 | | (ii) The consolidation of bodies whose activities | 17 | | encompass
compatible programmatic subjects.
| 18 | | (iii) The restructuring of the relationship | 19 | | between the various
bodies and their integration | 20 | | within the organizational structure of the
Department.
| 21 | | (iv) The establishment of new bodies deemed | 22 | | essential to the
functioning of the Department.
| 23 | | (3) To serve as an advisory group to the Director for
| 24 | | public health emergencies and
control of health hazards.
| 25 | | (4) To advise the Director regarding public health | 26 | | policy,
and to make health policy recommendations |
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| 1 | | regarding priorities to the
Governor through the Director.
| 2 | | (5) To present public health issues to the Director and | 3 | | to make
recommendations for the resolution of those issues.
| 4 | | (6) To recommend studies to delineate public health | 5 | | problems.
| 6 | | (7) To make recommendations to the Governor through the | 7 | | Director
regarding the coordination of State public health | 8 | | activities with other
State and local public health | 9 | | agencies and organizations.
| 10 | | (8) To report on or before February 1 of each year on | 11 | | the health of the
residents of Illinois to the Governor, | 12 | | the General Assembly, and the
public.
| 13 | | (9) To review the final draft of all proposed | 14 | | administrative rules,
other than emergency or preemptory | 15 | | rules and those rules that another
advisory body must | 16 | | approve or review within a statutorily defined time
period, | 17 | | of the Department after September 19, 1991 (the effective | 18 | | date of
Public Act
87-633). The Board shall review the | 19 | | proposed rules within 90
days of
submission by the | 20 | | Department. The Department shall take into consideration
| 21 | | any comments and recommendations of the Board regarding the | 22 | | proposed rules
prior to submission to the Secretary of | 23 | | State for initial publication. If
the Department disagrees | 24 | | with the recommendations of the Board, it shall
submit a | 25 | | written response outlining the reasons for not accepting | 26 | | the
recommendations.
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| 1 | | In the case of proposed administrative rules or | 2 | | amendments to
administrative
rules regarding immunization | 3 | | of children against preventable communicable
diseases | 4 | | designated by the Director under the Communicable Disease | 5 | | Prevention
Act, after the Immunization Advisory Committee | 6 | | has made its
recommendations, the Board shall conduct 3 | 7 | | public hearings, geographically
distributed
throughout the | 8 | | State. At the conclusion of the hearings, the State Board | 9 | | of
Health shall issue a report, including its | 10 | | recommendations, to the Director.
The Director shall take | 11 | | into consideration any comments or recommendations made
by | 12 | | the Board based on these hearings.
| 13 | | (10) To deliver to the Governor for presentation to the | 14 | | General Assembly a State Health Improvement Plan. The first | 15 | | 3 such plans shall be delivered to the Governor on January | 16 | | 1, 2006, January 1, 2009, and January 1, 2016 and then | 17 | | every 5 years thereafter. | 18 | | The Plan shall recommend priorities and strategies to | 19 | | improve the public health system and the health status of | 20 | | Illinois residents, taking into consideration national | 21 | | health objectives and system standards as frameworks for | 22 | | assessment. | 23 | | The Plan shall also take into consideration priorities | 24 | | and strategies developed at the community level through the | 25 | | Illinois Project for Local Assessment of Needs (IPLAN) and | 26 | | any regional health improvement plans that may be |
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| 1 | | developed.
The Plan shall focus on prevention as a key | 2 | | strategy for long-term health improvement in Illinois. | 3 | | The Plan shall examine and make recommendations on the | 4 | | contributions and strategies of the public and private | 5 | | sectors for improving health status and the public health | 6 | | system in the State. In addition to recommendations on | 7 | | health status improvement priorities and strategies for | 8 | | the population of the State as a whole, the Plan shall make | 9 | | recommendations regarding priorities and strategies for | 10 | | reducing and eliminating health disparities in Illinois; | 11 | | including racial, ethnic, gender, age, socio-economic and | 12 | | geographic disparities. | 13 | | The Director of the Illinois Department of Public | 14 | | Health shall appoint a Planning Team that includes a range | 15 | | of public, private, and voluntary sector stakeholders and | 16 | | participants in the public health system. This Team shall | 17 | | include: the directors of State agencies with public health | 18 | | responsibilities (or their designees), including but not | 19 | | limited to the Illinois Departments of Public Health and | 20 | | Department of Human Services, representatives of local | 21 | | health departments, representatives of local community | 22 | | health partnerships, and individuals with expertise who | 23 | | represent an array of organizations and constituencies | 24 | | engaged in public health improvement and prevention. | 25 | | The State Board of Health shall hold at least 3 public | 26 | | hearings addressing drafts of the Plan in representative |
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| 1 | | geographic areas of the State.
Members of the Planning Team | 2 | | shall receive no compensation for their services, but may | 3 | | be reimbursed for their necessary expenses.
| 4 | | Upon the delivery of each State Health Improvement | 5 | | Plan, the Governor shall appoint a SHIP Implementation | 6 | | Coordination Council that includes a range of public, | 7 | | private, and voluntary sector stakeholders and | 8 | | participants in the public health system. The Council shall | 9 | | include the directors of State agencies and entities with | 10 | | public health system responsibilities (or their | 11 | | designees), including but not limited to the Department of | 12 | | Public Health, Department of Human Services, Department of | 13 | | Healthcare and Family Services, Environmental Protection | 14 | | Agency, Illinois State Board of Education, Department on | 15 | | Aging, Illinois Violence Prevention Authority, Department | 16 | | of Agriculture, Department of Insurance, Department of | 17 | | Financial and Professional Regulation, Department of | 18 | | Transportation, and Department of Commerce and Economic | 19 | | Opportunity and the Chair of the State Board of Health. The | 20 | | Council shall include representatives of local health | 21 | | departments and individuals with expertise who represent | 22 | | an array of organizations and constituencies engaged in | 23 | | public health improvement and prevention, including | 24 | | non-profit public interest groups, health issue groups, | 25 | | faith community groups, health care providers, businesses | 26 | | and employers, academic institutions, and community-based |
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| 1 | | organizations. The Governor shall endeavor to make the | 2 | | membership of the Council representative of the racial, | 3 | | ethnic, gender, socio-economic, and geographic diversity | 4 | | of the State. The Governor shall designate one State agency | 5 | | representative and one other non-governmental member as | 6 | | co-chairs of the Council. The Governor shall designate a | 7 | | member of the Governor's office to serve as liaison to the | 8 | | Council and one or more State agencies to provide or | 9 | | arrange for support to the Council. The members of the SHIP | 10 | | Implementation Coordination Council for each State Health | 11 | | Improvement Plan shall serve until the delivery of the | 12 | | subsequent State Health Improvement Plan, whereupon a new | 13 | | Council shall be appointed. Members of the SHIP Planning | 14 | | Team may serve on the SHIP Implementation Coordination | 15 | | Council if so appointed by the Governor. | 16 | | The SHIP Implementation Coordination Council shall | 17 | | coordinate the efforts and engagement of the public, | 18 | | private, and voluntary sector stakeholders and | 19 | | participants in the public health system to implement each | 20 | | SHIP. The Council shall serve as a forum for collaborative | 21 | | action; coordinate existing and new initiatives; develop | 22 | | detailed implementation steps, with mechanisms for action; | 23 | | implement specific projects; identify public and private | 24 | | funding sources at the local, State and federal level; | 25 | | promote public awareness of the SHIP; advocate for the | 26 | | implementation of the SHIP; and develop an annual report to |
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| 1 | | the Governor, General Assembly, and public regarding the | 2 | | status of implementation of the SHIP. The Council shall | 3 | | not, however, have the authority to direct any public or | 4 | | private entity to take specific action to implement the | 5 | | SHIP.
| 6 | | (11) Upon the request of the Governor, to recommend to | 7 | | the Governor
candidates for Director of Public Health when | 8 | | vacancies occur in the position.
| 9 | | (12) To adopt bylaws for the conduct of its own | 10 | | business, including the
authority to establish ad hoc | 11 | | committees to address specific public health
programs | 12 | | requiring resolution.
| 13 | | (13) (Blank). To review and comment upon the | 14 | | Comprehensive Health Plan submitted by the Center for | 15 | | Comprehensive Health Planning as provided under Section | 16 | | 2310-217 of the Department of Public Health Powers and | 17 | | Duties Law of the Civil Administrative Code of Illinois. | 18 | | Upon appointment, the Board shall elect a chairperson from | 19 | | among its
members.
| 20 | | Members of the Board shall receive compensation for their | 21 | | services at the
rate of $150 per day, not to exceed $10,000 per | 22 | | year, as designated by the
Director for each day required for | 23 | | transacting the business of the Board
and shall be reimbursed | 24 | | for necessary expenses incurred in the performance
of their | 25 | | duties. The Board shall meet from time to time at the call of | 26 | | the
Department, at the call of the chairperson, or upon the |
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| 1 | | request of 3 of its
members, but shall not meet less than 4 | 2 | | times per year.
| 3 | | (b) (Blank).
| 4 | | (c) An Advisory Board on Necropsy Service to Coroners, | 5 | | which shall
counsel and advise with the Director on the | 6 | | administration of the Autopsy
Act. The Advisory Board shall | 7 | | consist of 11 members, including
a senior citizen age 60 or | 8 | | over, appointed by the Governor, one of
whom shall be | 9 | | designated as chairman by a majority of the members of the
| 10 | | Board. In the appointment of the first Board the Governor shall | 11 | | appoint 3
members to serve for terms of 1 year, 3 for terms of 2 | 12 | | years, and 3 for
terms of 3 years. The members first appointed | 13 | | under Public Act 83-1538 shall serve for a term of 3 years. All | 14 | | members appointed thereafter
shall be appointed for terms of 3 | 15 | | years, except that when an
appointment is made
to fill a | 16 | | vacancy, the appointment shall be for the remaining
term of the | 17 | | position vacant. The members of the Board shall be citizens of
| 18 | | the State of Illinois. In the appointment of members of the | 19 | | Advisory Board
the Governor shall appoint 3 members who shall | 20 | | be persons licensed to
practice medicine and surgery in the | 21 | | State of Illinois, at least 2 of whom
shall have received | 22 | | post-graduate training in the field of pathology; 3
members who | 23 | | are duly elected coroners in this State; and 5 members who
| 24 | | shall have interest and abilities in the field of forensic | 25 | | medicine but who
shall be neither persons licensed to practice | 26 | | any branch of medicine in
this State nor coroners. In the |
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| 1 | | appointment of medical and coroner members
of the Board, the | 2 | | Governor shall invite nominations from recognized medical
and | 3 | | coroners organizations in this State respectively. Board | 4 | | members, while
serving on business of the Board, shall receive | 5 | | actual necessary travel and
subsistence expenses while so | 6 | | serving away from their places of residence.
| 7 | | (Source: P.A. 97-734, eff. 1-1-13; 97-810, eff. 1-1-13; 98-463, | 8 | | eff. 8-16-13.)
| 9 | | Section 10. The Illinois Health Facilities Planning Act is | 10 | | amended by changing Sections 2, 12, 12.2, 12.3, and 19.5 as | 11 | | follows:
| 12 | | (20 ILCS 3960/2) (from Ch. 111 1/2, par. 1152)
| 13 | | (Section scheduled to be repealed on December 31, 2019)
| 14 | | Sec. 2. Purpose of the Act. This Act shall establish a | 15 | | procedure (1) which requires a person
establishing, | 16 | | constructing or modifying a health care facility, as
herein | 17 | | defined, to have the qualifications, background, character and
| 18 | | financial resources to adequately provide a proper service for | 19 | | the
community; (2) that promotes , through the process of | 20 | | comprehensive health planning, the orderly and
economic | 21 | | development of health care facilities in the State of Illinois
| 22 | | that avoids unnecessary duplication of such facilities; and (3) | 23 | | that
promotes planning for and development of health care | 24 | | facilities needed
for comprehensive health care especially in |
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| 1 | | areas where the health
planning process has identified unmet | 2 | | needs ; and (4) that carries out
these purposes in coordination | 3 | | with the Center for Comprehensive Health Planning and the | 4 | | Comprehensive Health Plan developed by that Center .
| 5 | | The changes made to this Act by this amendatory Act of the | 6 | | 96th General Assembly are intended to accomplish the following | 7 | | objectives: to improve the financial ability of the public to | 8 | | obtain necessary health services; to establish an orderly and | 9 | | comprehensive health care delivery system that will guarantee | 10 | | the availability of quality health care to the general public; | 11 | | to maintain and improve the provision of essential health care | 12 | | services and increase the accessibility of those services to | 13 | | the medically underserved and indigent; to assure that the | 14 | | reduction and closure of health care services or facilities is | 15 | | performed in an orderly and timely manner, and that these | 16 | | actions are deemed to be in the best interests of the public; | 17 | | and to assess the financial burden to patients caused by | 18 | | unnecessary health care construction and modification. The | 19 | | Health Facilities and Services Review Board must apply the | 20 | | findings from the Comprehensive Health Plan to update review | 21 | | standards and criteria, as well as better identify needs and | 22 | | evaluate applications, and establish mechanisms to support | 23 | | adequate financing of the health care delivery system in | 24 | | Illinois, for the development and preservation of safety net | 25 | | services. The Board must provide written and consistent | 26 | | decisions that are based on the findings from the Comprehensive |
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| 1 | | Health Plan, as well as other issue or subject specific plans, | 2 | | recommended by the Center for Comprehensive Health Planning. | 3 | | Policies and procedures must include criteria and standards for | 4 | | plan variations and deviations that must be updated. | 5 | | Evidence-based assessments, projections and decisions will be | 6 | | applied regarding capacity, quality, value and equity in the | 7 | | delivery of health care services in Illinois. The integrity of | 8 | | the Certificate of Need process is ensured through revised | 9 | | ethics and communications procedures. Cost containment and | 10 | | support for safety net services must continue to be central | 11 | | tenets of the Certificate of Need process. | 12 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 13 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 14 | | (Section scheduled to be repealed on December 31, 2019) | 15 | | Sec. 12. Powers and duties of State Board. For purposes of | 16 | | this Act,
the State Board
shall
exercise the following powers | 17 | | and duties:
| 18 | | (1) Prescribe rules,
regulations, standards, criteria, | 19 | | procedures or reviews which may vary
according to the purpose | 20 | | for which a particular review is being conducted
or the type of | 21 | | project reviewed and which are required to carry out the
| 22 | | provisions and purposes of this Act. Policies and procedures of | 23 | | the State Board shall take into consideration the priorities | 24 | | and needs of medically underserved areas and other health care | 25 | | services identified through the comprehensive health planning |
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| 1 | | process , giving special consideration to the impact of projects | 2 | | on access to safety net services.
| 3 | | (2) Adopt procedures for public
notice and hearing on all | 4 | | proposed rules, regulations, standards,
criteria, and plans | 5 | | required to carry out the provisions of this Act.
| 6 | | (3) (Blank).
| 7 | | (4) Develop criteria and standards for health care | 8 | | facilities planning,
conduct statewide inventories of health | 9 | | care facilities, maintain an updated
inventory on the Board's | 10 | | web site reflecting the
most recent bed and service
changes and | 11 | | updated need determinations when new census data become | 12 | | available
or new need formulae
are adopted,
and
develop health | 13 | | care facility plans which shall be utilized in the review of
| 14 | | applications for permit under
this Act. Such health facility | 15 | | plans shall be coordinated by the Board
with pertinent State | 16 | | Plans. Inventories pursuant to this Section of skilled or | 17 | | intermediate care facilities licensed under the Nursing Home | 18 | | Care Act, skilled or intermediate care facilities licensed | 19 | | under the ID/DD Community Care Act, skilled or intermediate | 20 | | care facilities licensed under the MC/DD Act, facilities | 21 | | licensed under the Specialized Mental Health Rehabilitation | 22 | | Act of 2013, or nursing homes licensed under the Hospital | 23 | | Licensing Act shall be conducted on an annual basis no later | 24 | | than July 1 of each year and shall include among the | 25 | | information requested a list of all services provided by a | 26 | | facility to its residents and to the community at large and |
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| 1 | | differentiate between active and inactive beds.
| 2 | | In developing health care facility plans, the State Board | 3 | | shall consider,
but shall not be limited to, the following:
| 4 | | (a) The size, composition and growth of the population | 5 | | of the area
to be served;
| 6 | | (b) The number of existing and planned facilities | 7 | | offering similar
programs;
| 8 | | (c) The extent of utilization of existing facilities;
| 9 | | (d) The availability of facilities which may serve as | 10 | | alternatives
or substitutes;
| 11 | | (e) The availability of personnel necessary to the | 12 | | operation of the
facility;
| 13 | | (f) Multi-institutional planning and the establishment | 14 | | of
multi-institutional systems where feasible;
| 15 | | (g) The financial and economic feasibility of proposed | 16 | | construction
or modification; and
| 17 | | (h) In the case of health care facilities established | 18 | | by a religious
body or denomination, the needs of the | 19 | | members of such religious body or
denomination may be | 20 | | considered to be public need.
| 21 | | The health care facility plans which are developed and | 22 | | adopted in
accordance with this Section shall form the basis | 23 | | for the plan of the State
to deal most effectively with | 24 | | statewide health needs in regard to health
care facilities.
| 25 | | (5) Coordinate with the Center for Comprehensive Health | 26 | | Planning and other state agencies having responsibilities
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| 1 | | affecting health care facilities, including those of licensure | 2 | | and cost
reporting. Beginning no later than January 1, 2013, | 3 | | the Department of Public Health shall produce a written annual | 4 | | report to the Governor and the General Assembly regarding the | 5 | | development of the Center for Comprehensive Health Planning. | 6 | | The Chairman of the State Board and the State Board | 7 | | Administrator shall also receive a copy of the annual report.
| 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, which shall be reviewed by the | 9 | | Board within 120 days; | 10 | | (b) Projects proposing a
(1) new service within an | 11 | | existing healthcare facility or
(2) discontinuation of a | 12 | | service within an existing healthcare facility, which | 13 | | shall be reviewed by the Board within 60 days; or | 14 | | (c) Projects proposing a change in the bed capacity of | 15 | | a health care facility by an increase in the total number | 16 | | of beds or by a redistribution of beds among various | 17 | | categories of service or by a relocation of beds from one | 18 | | physical facility or site to another by more than 20 beds | 19 | | or more than 10% of total bed capacity, as defined by the | 20 | | State Board, whichever is less, over a 2-year period. | 21 | | The Chairman may approve applications for exemption that | 22 | | meet the criteria set forth in rules or refer them to the full | 23 | | Board. The Chairman may approve any unopposed application that | 24 | | meets all of the review criteria or refer them to the full | 25 | | Board. | 26 | | Such rules shall
not abridge the right of the Center for |
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| 1 | | Comprehensive Health Planning to make
recommendations on the | 2 | | classification and approval of projects, nor shall
such rules | 3 | | prevent the conduct of a public hearing upon the timely request
| 4 | | of an interested party. Such reviews shall not exceed 60 days | 5 | | from the
date the application is declared to be complete.
| 6 | | (9) Prescribe rules, regulations,
standards, and criteria | 7 | | pertaining to the granting of permits for
construction
and | 8 | | modifications which are emergent in nature and must be | 9 | | undertaken
immediately to prevent or correct structural | 10 | | deficiencies or hazardous
conditions that may harm or injure | 11 | | persons using the facility, as defined
in the rules and | 12 | | regulations of the State Board. This procedure is exempt
from | 13 | | public hearing requirements of this Act.
| 14 | | (10) Prescribe rules,
regulations, standards and criteria | 15 | | for the conduct of an expeditious
review, not exceeding 60 | 16 | | days, of applications for permits for projects to
construct or | 17 | | modify health care facilities which are needed for the care
and | 18 | | treatment of persons who have acquired immunodeficiency | 19 | | syndrome (AIDS)
or related conditions.
| 20 | | (10.5) Provide its rationale when voting on an item before | 21 | | it at a State Board meeting in order to comply with subsection | 22 | | (b) of Section 3-108 of the Code of Civil Procedure. | 23 | | (11) Issue written decisions upon request of the applicant | 24 | | or an adversely affected party to the Board. Requests for a | 25 | | written decision shall be made within 15 days after the Board | 26 | | meeting in which a final decision has been made. A "final |
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| 1 | | decision" for purposes of this Act is the decision to approve | 2 | | or deny an application, or take other actions permitted under | 3 | | this Act, at the time and date of the meeting that such action | 4 | | is scheduled by the Board. The transcript of the State Board | 5 | | meeting shall be incorporated into the Board's final decision. | 6 | | The staff of the Board shall prepare a written copy of the | 7 | | final decision and the Board shall approve a final copy for | 8 | | inclusion in the formal record. The Board shall consider, for | 9 | | approval, the written draft of the final decision no later than | 10 | | the next scheduled Board meeting. The written decision shall | 11 | | identify the applicable criteria and factors listed in this Act | 12 | | and the Board's regulations that were taken into consideration | 13 | | by the Board when coming to a final decision. If the Board | 14 | | denies or fails to approve an application for permit or | 15 | | exemption, the Board shall include in the final decision a | 16 | | detailed explanation as to why the application was denied and | 17 | | identify what specific criteria or standards the applicant did | 18 | | not fulfill. | 19 | | (12) Require at least one of its members to participate in | 20 | | any public hearing, after the appointment of a majority of the | 21 | | members to the Board. | 22 | | (13) Provide a mechanism for the public to comment on, and | 23 | | request changes to, draft rules and standards. | 24 | | (14) Implement public information campaigns to regularly | 25 | | inform the general public about the opportunity for public | 26 | | hearings and public hearing procedures. |
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| 1 | | (15) Establish a separate set of rules and guidelines for | 2 | | long-term care that recognizes that nursing homes are a | 3 | | different business line and service model from other regulated | 4 | | facilities. An open and transparent process shall be developed | 5 | | that considers the following: how skilled nursing fits in the | 6 | | continuum of care with other care providers, modernization of | 7 | | nursing homes, establishment of more private rooms, | 8 | | development of alternative services, and current trends in | 9 | | long-term care services.
The Chairman of the Board shall | 10 | | appoint a permanent Health Services Review Board Long-term Care | 11 | | Facility Advisory Subcommittee that shall develop and | 12 | | recommend to the Board the rules to be established by the Board | 13 | | under this paragraph (15). The Subcommittee shall also provide | 14 | | continuous review and commentary on policies and procedures | 15 | | relative to long-term care and the review of related projects. | 16 | | The Subcommittee shall make recommendations to the Board no | 17 | | later than January 1, 2016 and every January thereafter | 18 | | pursuant to the Subcommittee's responsibility for the | 19 | | continuous review and commentary on policies and procedures | 20 | | relative to long-term care. In consultation with other experts | 21 | | from the health field of long-term care, the Board and the | 22 | | Subcommittee shall study new approaches to the current bed need | 23 | | formula and Health Service Area boundaries to encourage | 24 | | flexibility and innovation in design models reflective of the | 25 | | changing long-term care marketplace and consumer preferences | 26 | | and submit its recommendations to the Chairman of the Board no |
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| 1 | | later than January 1, 2017. The Subcommittee shall evaluate, | 2 | | and make recommendations to the State Board regarding, the | 3 | | buying, selling, and exchange of beds between long-term care | 4 | | facilities within a specified geographic area or drive time. | 5 | | The Board shall file the proposed related administrative rules | 6 | | for the separate rules and guidelines for long-term care | 7 | | required by this paragraph (15) by no later than September 30, | 8 | | 2011. The Subcommittee shall be provided a reasonable and | 9 | | timely opportunity to review and comment on any review, | 10 | | revision, or updating of the criteria, standards, procedures, | 11 | | and rules used to evaluate project applications as provided | 12 | | under Section 12.3 of this Act. | 13 | | The Chairman of the Board shall appoint voting members of | 14 | | the Subcommittee, who shall serve for a period of 3 years, with | 15 | | one-third of the terms expiring each January, to be determined | 16 | | by lot. Appointees shall include, but not be limited to, | 17 | | recommendations from each of the 3 statewide long-term care | 18 | | associations, with an equal number to be appointed from each. | 19 | | Compliance with this provision shall be through the appointment | 20 | | and reappointment process. All appointees serving as of April | 21 | | 1, 2015 shall serve to the end of their term as determined by | 22 | | lot or until the appointee voluntarily resigns, whichever is | 23 | | earlier. | 24 | | One representative from the Department of Public Health, | 25 | | the Department of Healthcare and Family Services, the | 26 | | Department on Aging, and the Department of Human Services may |
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| 1 | | each serve as an ex-officio non-voting member of the | 2 | | Subcommittee. The Chairman of the Board shall select a | 3 | | Subcommittee Chair, who shall serve for a period of 3 years. | 4 | | (16) Prescribe the format of the State Board Staff Report. | 5 | | A State Board Staff Report shall pertain to applications that | 6 | | include, but are not limited to, applications for permit or | 7 | | exemption, applications for permit renewal, applications for | 8 | | extension of the obligation period, applications requesting a | 9 | | declaratory ruling, or applications under the Health Care | 10 | | Worker Self-Referral Act. State Board Staff Reports shall | 11 | | compare applications to the relevant review criteria under the | 12 | | Board's rules. | 13 | | (17) Establish a separate set of rules and guidelines for | 14 | | facilities licensed under the Specialized Mental Health | 15 | | Rehabilitation Act of 2013. An application for the | 16 | | re-establishment of a facility in connection with the | 17 | | relocation of the facility shall not be granted unless the | 18 | | applicant has a contractual relationship with at least one | 19 | | hospital to provide emergency and inpatient mental health | 20 | | services required by facility consumers, and at least one | 21 | | community mental health agency to provide oversight and | 22 | | assistance to facility consumers while living in the facility, | 23 | | and appropriate services, including case management, to assist | 24 | | them to prepare for discharge and reside stably in the | 25 | | community thereafter. No new facilities licensed under the | 26 | | Specialized Mental Health Rehabilitation Act of 2013 shall be |
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| 1 | | established after June 16, 2014 (the effective date of Public | 2 | | Act 98-651) except in connection with the relocation of an | 3 | | existing facility to a new location. An application for a new | 4 | | location shall not be approved unless there are adequate | 5 | | community services accessible to the consumers within a | 6 | | reasonable distance, or by use of public transportation, so as | 7 | | to facilitate the goal of achieving maximum individual | 8 | | self-care and independence. At no time shall the total number | 9 | | of authorized beds under this Act in facilities licensed under | 10 | | the Specialized Mental Health Rehabilitation Act of 2013 exceed | 11 | | the number of authorized beds on June 16, 2014 (the effective | 12 | | date of Public Act 98-651). | 13 | | (Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; | 14 | | 98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. | 15 | | 7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277, | 16 | | eff. 8-5-15; revised 10-15-15.)
| 17 | | (20 ILCS 3960/12.2)
| 18 | | (Section scheduled to be repealed on December 31, 2019)
| 19 | | Sec. 12.2. Powers of the State Board staff. For purposes of | 20 | | this Act,
the staff shall exercise the following powers and | 21 | | duties:
| 22 | | (1) Review applications for permits and exemptions in | 23 | | accordance with the
standards, criteria, and plans of need | 24 | | established by the State Board under
this Act and certify its | 25 | | finding to the State Board.
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| 1 | | (1.5) Post the following on the Board's web site: relevant | 2 | | (i)
rules,
(ii)
standards, (iii)
criteria, (iv) State norms, | 3 | | (v) references used by Board staff in making
determinations | 4 | | about whether application criteria are met, and (vi) notices of
| 5 | | project-related filings, including notice of public comments | 6 | | related to the
application.
| 7 | | (2) Charge and collect an amount determined by the State | 8 | | Board and the staff to be
reasonable fees for the processing of | 9 | | applications by the State Board.
The State Board shall set the | 10 | | amounts by rule. Application fees for continuing care | 11 | | retirement communities, and other health care models that | 12 | | include regulated and unregulated components, shall apply only | 13 | | to those components subject to regulation under this Act. All | 14 | | fees and fines
collected under the provisions of this Act shall | 15 | | be deposited
into the Illinois Health Facilities Planning Fund | 16 | | to be used for the
expenses of administering this Act.
| 17 | | (2.1) Publish the following reports on the State Board | 18 | | website: | 19 | | (A) An annual accounting, aggregated by category and | 20 | | with names of parties redacted, of fees, fines, and other | 21 | | revenue collected as well as expenses incurred, in the | 22 | | administration of this Act. | 23 | | (B) An annual report, with names of the parties | 24 | | redacted, that summarizes all settlement agreements | 25 | | entered into with the State Board that resolve an alleged | 26 | | instance of noncompliance with State Board requirements |
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| 1 | | under this Act. | 2 | | (C) A monthly report that includes the status of | 3 | | applications and recommendations regarding updates to the | 4 | | standard, criteria, or the health plan as appropriate. | 5 | | (D) Board reports showing the degree to which an | 6 | | application conforms to the review standards, a summation | 7 | | of relevant public testimony, and any additional | 8 | | information that staff wants to communicate. | 9 | | (3) Coordinate with other State agencies having | 10 | | responsibilities
affecting
health care facilities, including | 11 | | the Center for Comprehensive Health Planning and those of | 12 | | licensure and cost reporting agencies .
| 13 | | (Source: P.A. 98-1086, eff. 8-26-14.)
| 14 | | (20 ILCS 3960/12.3)
| 15 | | (Section scheduled to be repealed on December 31, 2019)
| 16 | | Sec. 12.3. Revision of criteria, standards, and rules. At | 17 | | least every 2 years, the State Board shall review, revise, and
| 18 | | update the
criteria, standards, and rules used to evaluate | 19 | | applications for permit. To the
extent practicable,
the | 20 | | criteria, standards, and rules shall be based on objective | 21 | | criteria using the inventory and recommendations of the | 22 | | Comprehensive Health Plan for guidance. The Board may appoint | 23 | | temporary advisory committees made up of experts with | 24 | | professional competence in the subject matter of the proposed | 25 | | standards or criteria to assist in the development of revisions |
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| 1 | | to standards and criteria. In
particular, the review of
the | 2 | | criteria, standards, and rules shall consider:
| 3 | | (1) Whether the criteria and standards reflect current | 4 | | industry standards
and
anticipated trends.
| 5 | | (2) Whether the criteria and standards can be reduced | 6 | | or eliminated.
| 7 | | (3) Whether criteria and standards can be developed to | 8 | | authorize the
construction
of unfinished space for future | 9 | | use when the ultimate need for such space can be
reasonably
| 10 | | projected.
| 11 | | (4) Whether the criteria and standards take into | 12 | | account issues related to
population growth and changing | 13 | | demographics in a community.
| 14 | | (5) Whether facility-defined service and planning | 15 | | areas should be
recognized.
| 16 | | (6) Whether categories of service that are subject to | 17 | | review should be re-evaluated, including provisions | 18 | | related to structural, functional, and operational | 19 | | differences between long-term care facilities and acute | 20 | | care facilities and that allow routine changes of | 21 | | ownership, facility sales, and closure requests to be | 22 | | processed on a more timely basis. | 23 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 24 | | (20 ILCS 3960/19.5)
| 25 | | (Section scheduled to be repealed on December 31, 2019 and |
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| 1 | | as provided internally)
| 2 | | Sec. 19.5. Audit. Twenty-four months after the last member | 3 | | of the 9-member Board is appointed, as required under this | 4 | | amendatory Act of the 96th General Assembly, and 36 months | 5 | | thereafter, the Auditor General shall commence a performance | 6 | | audit of the Center for Comprehensive Health Planning, State | 7 | | Board , and the Certificate of Need processes to determine:
| 8 | | (1) (blank); whether progress is being made to develop | 9 | | a Comprehensive Health Plan and whether resources are | 10 | | sufficient to meet the goals of the Center for | 11 | | Comprehensive Health Planning;
| 12 | | (2) whether changes to the Certificate of Need | 13 | | processes are being implemented effectively, as well as | 14 | | their impact, if any, on access to safety net services; and
| 15 | | (3) whether fines and settlements are fair, | 16 | | consistent, and in proportion to the degree of violations.
| 17 | | The Auditor General must report on the results of the audit | 18 | | to the General
Assembly.
| 19 | | This Section is repealed when the Auditor General files his | 20 | | or her report
with the General Assembly.
| 21 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 22 | | (20 ILCS 2310/2310-217 rep.) | 23 | | Section 15. The Department of Public Health Powers and | 24 | | Duties Law of the
Civil Administrative Code of Illinois is | 25 | | amended by repealing Section 2310-217.
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