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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
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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
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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.
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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:
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5 | | (1) To advise the Department of ways to encourage |
6 | | public understanding
and support of the Department's |
7 | | programs.
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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:
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13 | | (i) The elimination of bodies whose activities
are |
14 | | not consistent with goals and objectives of the |
15 | | Department.
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16 | | (ii) The consolidation of bodies whose activities |
17 | | encompass
compatible programmatic subjects.
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18 | | (iii) The restructuring of the relationship |
19 | | between the various
bodies and their integration |
20 | | within the organizational structure of the
Department.
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21 | | (iv) The establishment of new bodies deemed |
22 | | essential to the
functioning of the Department.
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23 | | (3) To serve as an advisory group to the Director for
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24 | | public health emergencies and
control of health hazards.
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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.
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2 | | (5) To present public health issues to the Director and |
3 | | to make
recommendations for the resolution of those issues.
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4 | | (6) To recommend studies to delineate public health |
5 | | problems.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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3 | | (b) (Blank).
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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
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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
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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
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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.
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7 | | (Source: P.A. 97-734, eff. 1-1-13; 97-810, eff. 1-1-13; 98-463, |
8 | | eff. 8-16-13.)
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9 | | Section 10. The Illinois Health Facilities Planning Act is |
10 | | amended by changing Sections 2, 3, 4, 8.5, 10, 12, 12.2, 12.3, |
11 | | 14.1, and 19.5 as follows:
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12 | | (20 ILCS 3960/2) (from Ch. 111 1/2, par. 1152)
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13 | | (Section scheduled to be repealed on December 31, 2019)
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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
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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
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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 .
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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.)
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13 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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14 | | (Section scheduled to be repealed on December 31, 2019) |
15 | | Sec. 3. Definitions. As used in this Act:
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16 | | "Health care facilities" means and includes
the following |
17 | | facilities, organizations, and related persons:
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18 | | (1) An ambulatory surgical treatment center required |
19 | | to be licensed
pursuant to the Ambulatory Surgical |
20 | | Treatment Center Act.
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21 | | (2) An institution, place, building, or agency |
22 | | required to be licensed
pursuant to the Hospital Licensing |
23 | | Act.
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24 | | (3) Skilled and intermediate long term care facilities |
25 | | licensed under the
Nursing
Home Care Act. |
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1 | | (A) If a demonstration project under the Nursing |
2 | | Home Care Act applies for a certificate of need to |
3 | | convert to a nursing facility, it shall meet the |
4 | | licensure and certificate of need requirements in |
5 | | effect as of the date of application. |
6 | | (B) Except as provided in item (A) of this |
7 | | subsection, this Act does not apply to facilities |
8 | | granted waivers under Section 3-102.2 of the Nursing |
9 | | Home Care Act.
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10 | | (3.5) Skilled and intermediate care facilities |
11 | | licensed under the ID/DD Community Care Act or the MC/DD |
12 | | Act. No permit or exemption is required for a facility |
13 | | licensed under the ID/DD Community Care Act or the MC/DD |
14 | | Act prior to the reduction of the number of beds at a |
15 | | facility. If there is a total reduction of beds at a |
16 | | facility licensed under the ID/DD Community Care Act or the |
17 | | MC/DD Act, this is a discontinuation or closure of the |
18 | | facility. If a facility licensed under the ID/DD Community |
19 | | Care Act or the MC/DD Act reduces the number of beds or |
20 | | discontinues the facility, that facility must notify the |
21 | | Board as provided in Section 14.1 of this Act. |
22 | | (3.7) Facilities licensed under the Specialized Mental |
23 | | Health Rehabilitation Act of 2013. |
24 | | (4) Hospitals, nursing homes, ambulatory surgical |
25 | | treatment centers, or
kidney disease treatment centers
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26 | | maintained by the State or any department or agency |
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1 | | thereof.
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2 | | (5) Kidney disease treatment centers, including a |
3 | | free-standing
hemodialysis unit required to be licensed |
4 | | under the End Stage Renal Disease Facility Act.
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5 | | (A) This Act does not apply to a dialysis facility |
6 | | that provides only dialysis training, support, and |
7 | | related services to individuals with end stage renal |
8 | | disease who have elected to receive home dialysis. |
9 | | (B) This Act does not apply to a dialysis unit |
10 | | located in a licensed nursing home that offers or |
11 | | provides dialysis-related services to residents with |
12 | | end stage renal disease who have elected to receive |
13 | | home dialysis within the nursing home. |
14 | | (C) The Board, however, may require dialysis |
15 | | facilities and licensed nursing homes under items (A) |
16 | | and (B) of this subsection to report statistical |
17 | | information on a quarterly basis to the Board to be |
18 | | used by the Board to conduct analyses on the need for |
19 | | proposed kidney disease treatment centers. |
20 | | (6) An institution, place, building, or room used for |
21 | | the performance of
outpatient surgical procedures that is |
22 | | leased, owned, or operated by or on
behalf of an |
23 | | out-of-state facility.
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24 | | (7) An institution, place, building, or room used for |
25 | | provision of a health care category of service, including, |
26 | | but not limited to, cardiac catheterization and open heart |
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1 | | surgery. |
2 | | (8) An institution, place, building, or room housing |
3 | | major medical equipment used in the direct clinical |
4 | | diagnosis or treatment of patients, and whose project cost |
5 | | is in excess of the capital expenditure minimum. |
6 | | "Health care facilities" does not include the following |
7 | | entities or facility transactions: |
8 | | (1) Federally-owned facilities. |
9 | | (2) Facilities used solely for healing by prayer or |
10 | | spiritual means. |
11 | | (3) An existing facility located on any campus facility |
12 | | as defined in Section 5-5.8b of the Illinois Public Aid |
13 | | Code, provided that the campus facility encompasses 30 or |
14 | | more contiguous acres and that the new or renovated |
15 | | facility is intended for use by a licensed residential |
16 | | facility. |
17 | | (4) Facilities licensed under the Supportive |
18 | | Residences Licensing Act or the Assisted Living and Shared |
19 | | Housing Act. |
20 | | (5) Facilities designated as supportive living |
21 | | facilities that are in good standing with the program |
22 | | established under Section 5-5.01a of the Illinois Public |
23 | | Aid Code. |
24 | | (6) Facilities established and operating under the |
25 | | Alternative Health Care Delivery Act as a children's |
26 | | community-based health care center alternative health care |
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1 | | model demonstration program or as an Alzheimer's Disease |
2 | | Management Center alternative health care model |
3 | | demonstration program. |
4 | | (7) The closure of an entity or a portion of an entity |
5 | | licensed under the Nursing Home Care Act, the Specialized |
6 | | Mental Health Rehabilitation Act of 2013, the ID/DD |
7 | | Community Care Act, or the MC/DD Act, with the exception of |
8 | | facilities operated by a county or Illinois Veterans Homes, |
9 | | that elect to convert, in whole or in part, to an assisted |
10 | | living or shared housing establishment licensed under the |
11 | | Assisted Living and Shared Housing Act and with the |
12 | | exception of a facility licensed under the Specialized |
13 | | Mental Health Rehabilitation Act of 2013 in connection with |
14 | | a proposal to close a facility and re-establish the |
15 | | facility in another location. |
16 | | (8) Any change of ownership of a health care facility |
17 | | that is licensed under the Nursing Home Care Act, the |
18 | | Specialized Mental Health Rehabilitation Act of 2013, the |
19 | | ID/DD Community Care Act, or the MC/DD Act, with the |
20 | | exception of facilities operated by a county or Illinois |
21 | | Veterans Homes. Changes of ownership of facilities |
22 | | licensed under the Nursing Home Care Act must meet the |
23 | | requirements set forth in Sections 3-101 through 3-119 of |
24 | | the Nursing Home Care Act.
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25 | | With the exception of those health care facilities |
26 | | specifically
included in this Section, nothing in this Act |
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1 | | shall be intended to
include facilities operated as a part of |
2 | | the practice of a physician or
other licensed health care |
3 | | professional, whether practicing in his
individual capacity or |
4 | | within the legal structure of any partnership,
medical or |
5 | | professional corporation, or unincorporated medical or
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6 | | professional group. Further, this Act shall not apply to |
7 | | physicians or
other licensed health care professional's |
8 | | practices where such practices
are carried out in a portion of |
9 | | a health care facility under contract
with such health care |
10 | | facility by a physician or by other licensed
health care |
11 | | professionals, whether practicing in his individual capacity
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12 | | or within the legal structure of any partnership, medical or
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13 | | professional corporation, or unincorporated medical or |
14 | | professional
groups, unless the entity constructs, modifies, |
15 | | or establishes a health care facility as specifically defined |
16 | | in this Section. This Act shall apply to construction or
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17 | | modification and to establishment by such health care facility |
18 | | of such
contracted portion which is subject to facility |
19 | | licensing requirements,
irrespective of the party responsible |
20 | | for such action or attendant
financial obligation.
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21 | | "Person" means any one or more natural persons, legal |
22 | | entities,
governmental bodies other than federal, or any |
23 | | combination thereof.
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24 | | "Consumer" means any person other than a person (a) whose |
25 | | major
occupation currently involves or whose official capacity |
26 | | within the last
12 months has involved the providing, |
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1 | | administering or financing of any
type of health care facility, |
2 | | (b) who is engaged in health research or
the teaching of |
3 | | health, (c) who has a material financial interest in any
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4 | | activity which involves the providing, administering or |
5 | | financing of any
type of health care facility, or (d) who is or |
6 | | ever has been a member of
the immediate family of the person |
7 | | defined by (a), (b), or (c).
|
8 | | "State Board" or "Board" means the Health Facilities and |
9 | | Services Review Board.
|
10 | | "Construction or modification" means the establishment, |
11 | | erection,
building, alteration, reconstruction, modernization, |
12 | | improvement,
extension, discontinuation, change of ownership, |
13 | | of or by a health care
facility, or the purchase or acquisition |
14 | | by or through a health care facility
of
equipment or service |
15 | | for diagnostic or therapeutic purposes or for
facility |
16 | | administration or operation, or any capital expenditure made by
|
17 | | or on behalf of a health care facility which
exceeds the |
18 | | capital expenditure minimum; however, any capital expenditure
|
19 | | made by or on behalf of a health care facility for (i) the |
20 | | construction or
modification of a facility licensed under the |
21 | | Assisted Living and Shared
Housing Act or (ii) a conversion |
22 | | project undertaken in accordance with Section 30 of the Older |
23 | | Adult Services Act shall be excluded from any obligations under |
24 | | this Act.
|
25 | | "Establish" means the construction of a health care |
26 | | facility or the
replacement of an existing facility on another |
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1 | | site or the initiation of a category of service.
|
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" or "Department" means the Illinois Department of |
10 | | Public Health.
|
11 | | "Alternative health care model" means a facility or program |
12 | | authorized
under the Alternative Health Care Delivery Act.
|
13 | | "Out-of-state facility" means a person that is both (i) |
14 | | licensed as a
hospital or as an ambulatory surgery center under |
15 | | the laws of another state
or that
qualifies as a hospital or an |
16 | | ambulatory surgery center under regulations
adopted pursuant |
17 | | to the Social Security Act and (ii) not licensed under the
|
18 | | Ambulatory Surgical Treatment Center Act, the Hospital |
19 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of |
20 | | out-of-state facilities shall be
considered out-of-state |
21 | | facilities. Affiliates of Illinois licensed health
care |
22 | | facilities 100% owned by an Illinois licensed health care |
23 | | facility, its
parent, or Illinois physicians licensed to |
24 | | practice medicine in all its
branches shall not be considered |
25 | | out-of-state facilities. Nothing in
this definition shall be
|
26 | | construed to include an office or any part of an office of a |
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1 | | physician licensed
to practice medicine in all its branches in |
2 | | Illinois that is not required to be
licensed under the |
3 | | Ambulatory Surgical Treatment Center Act.
|
4 | | "Change of ownership of a health care facility" means a |
5 | | change in the
person
who has ownership or
control of a health |
6 | | care facility's physical plant and capital assets. A change
in |
7 | | ownership is indicated by
the following transactions: sale, |
8 | | transfer, acquisition, lease, change of
sponsorship, or other |
9 | | means of
transferring control.
|
10 | | "Related person" means any person that: (i) is at least 50% |
11 | | owned, directly
or indirectly, by
either the health care |
12 | | facility or a person owning, directly or indirectly, at
least |
13 | | 50% of the health
care facility; or (ii) owns, directly or |
14 | | indirectly, at least 50% of the
health care facility.
|
15 | | "Charity care" means care provided by a health care |
16 | | facility for which the provider does not expect to receive |
17 | | payment from the patient or a third-party payer. |
18 | | "Freestanding emergency center" means a facility subject |
19 | | to licensure under Section 32.5 of the Emergency Medical |
20 | | Services (EMS) Systems Act. |
21 | | "Category of service" means a grouping by generic class of |
22 | | various types or levels of support functions, equipment, care, |
23 | | or treatment provided to patients or residents, including, but |
24 | | not limited to, classes such as medical-surgical, pediatrics, |
25 | | or cardiac catheterization. A category of service may include |
26 | | subcategories or levels of care that identify a particular |
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1 | | degree or type of care within the category of service. Nothing |
2 | | in this definition shall be construed to include the practice |
3 | | of a physician or other licensed health care professional while |
4 | | functioning in an office providing for the care, diagnosis, or |
5 | | treatment of patients. A category of service that is subject to |
6 | | the Board's jurisdiction must be designated in rules adopted by |
7 | | the Board. |
8 | | "State Board Staff Report" means the document that sets |
9 | | forth the review and findings of the State Board staff, as |
10 | | prescribed by the State Board, regarding applications subject |
11 | | to Board jurisdiction. |
12 | | (Source: P.A. 98-414, eff. 1-1-14; 98-629, eff. 1-1-15; 98-651, |
13 | | eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. 7-20-15; |
14 | | 99-180, eff. 7-29-15.)
|
15 | | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
|
16 | | (Section scheduled to be repealed on December 31, 2019)
|
17 | | Sec. 4. Health Facilities and Services Review Board; |
18 | | membership; appointment; term;
compensation; quorum. |
19 | | Notwithstanding any other provision in this Section, members of |
20 | | the State Board holding office on the day before the effective |
21 | | date of this amendatory Act of the 96th General Assembly shall |
22 | | retain their authority. |
23 | | (a) There is created the Health
Facilities and Services |
24 | | Review Board, which
shall perform the functions described in |
25 | | this
Act. The Department shall provide operational support to |
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1 | | the Board as necessary , including the provision of office |
2 | | space, supplies, and clerical, financial, and accounting |
3 | | services. The Board may contract for functions or operational |
4 | | support as needed. The Board may also contract with experts |
5 | | related to specific health services or facilities and create |
6 | | technical advisory panels to assist in the development of |
7 | | criteria, standards, and procedures used in the evaluation of |
8 | | applications for permit and exemption.
|
9 | | (b) Beginning March 1, 2010, the State Board shall consist |
10 | | of 9 voting members. All members shall be residents of Illinois |
11 | | and at least 4 shall reside outside the Chicago Metropolitan |
12 | | Statistical Area. Consideration shall be given to potential |
13 | | appointees who reflect the ethnic and cultural diversity of the |
14 | | State. Neither Board members nor Board staff shall be convicted |
15 | | felons or have pled guilty to a felony. |
16 | | Each member shall have a reasonable knowledge of the |
17 | | practice, procedures and principles of the health care delivery |
18 | | system in Illinois, including at least 5 members who shall be |
19 | | knowledgeable about health care delivery systems, health |
20 | | systems planning, finance, or the management of health care |
21 | | facilities currently regulated under the Act. One member shall |
22 | | be a representative of a non-profit health care consumer |
23 | | advocacy organization. A spouse, parent, sibling, or child of a |
24 | | Board member cannot be an employee, agent, or under contract |
25 | | with services or facilities subject to the Act. Prior to |
26 | | appointment and in the course of service on the Board, members |
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1 | | of the Board shall disclose the employment or other financial |
2 | | interest of any other relative of the member, if known, in |
3 | | service or facilities subject to the Act. Members of the Board |
4 | | shall declare any conflict of interest that may exist with |
5 | | respect to the status of those relatives and recuse themselves |
6 | | from voting on any issue for which a conflict of interest is |
7 | | declared. No person shall be appointed or continue to serve as |
8 | | a member of the State Board who is, or whose spouse, parent, |
9 | | sibling, or child is, a member of the Board of Directors of, |
10 | | has a financial interest in, or has a business relationship |
11 | | with a health care facility. |
12 | | Notwithstanding any provision of this Section to the |
13 | | contrary, the term of
office of each member of the State Board |
14 | | serving on the day before the effective date of this amendatory |
15 | | Act of the 96th General Assembly is abolished on the date upon |
16 | | which members of the 9-member Board, as established by this |
17 | | amendatory Act of the 96th General Assembly, have been |
18 | | appointed and can begin to take action as a Board. Members of |
19 | | the State Board serving on the day before the effective date of |
20 | | this amendatory Act of the 96th General Assembly may be |
21 | | reappointed to the 9-member Board. Prior to March 1, 2010, the |
22 | | Health Facilities Planning Board shall establish a plan to |
23 | | transition its powers and duties to the Health Facilities and |
24 | | Services Review Board.
|
25 | | (c) The State Board shall be appointed by the Governor, |
26 | | with the advice
and consent of the Senate. Not more than 5 of |
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1 | | the
appointments shall be of the same political party at the |
2 | | time of the appointment.
|
3 | | The Secretary of Human Services, the Director of Healthcare |
4 | | and Family Services, and
the Director of Public Health, or |
5 | | their designated representatives,
shall serve as ex-officio, |
6 | | non-voting members of the State Board.
|
7 | | (d) Of those 9 members initially appointed by the Governor |
8 | | following the effective date of this
amendatory Act of the 96th |
9 | | General Assembly, 3 shall serve for terms expiring
July 1, |
10 | | 2011, 3 shall serve for terms expiring July 1, 2012, and 3 |
11 | | shall serve
for terms expiring July 1, 2013. Thereafter, each
|
12 | | appointed member shall
hold office for a term of 3 years, |
13 | | provided that any member
appointed to fill a vacancy
occurring |
14 | | prior to the expiration of the
term for which his or her |
15 | | predecessor was appointed shall be appointed for the
remainder |
16 | | of such term and the term of office of each successor shall
|
17 | | commence on July 1 of the year in which his predecessor's term |
18 | | expires. Each
member appointed after the effective date of this |
19 | | amendatory Act of the 96th General Assembly shall hold office |
20 | | until his or her successor is appointed and qualified. The |
21 | | Governor may reappoint a member for additional terms, but no |
22 | | member shall serve more than 3 terms, subject to review and |
23 | | re-approval every 3 years.
|
24 | | (e) State Board members, while serving on business of the |
25 | | State Board,
shall receive actual and necessary travel and |
26 | | subsistence expenses while
so serving away from their places
of |
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1 | | residence. Until March 1, 2010, a
member of the State Board who |
2 | | experiences a significant financial hardship
due to the loss of |
3 | | income on days of attendance at meetings or while otherwise
|
4 | | engaged in the business of the State Board may be paid a |
5 | | hardship allowance, as
determined by and subject to the |
6 | | approval of the Governor's Travel Control
Board.
|
7 | | (f) The Governor shall designate one of the members to |
8 | | serve as the Chairman of the Board, who shall be a person with |
9 | | expertise in health care delivery system planning, finance or |
10 | | management of health care facilities that are regulated under |
11 | | the Act. The Chairman shall annually review Board member |
12 | | performance and shall report the attendance record of each |
13 | | Board member to the General Assembly. |
14 | | (g) The State Board, through the Chairman, shall prepare a |
15 | | separate and distinct budget approved by the General Assembly |
16 | | and shall hire and supervise its own professional staff |
17 | | responsible for carrying out the responsibilities of the Board.
|
18 | | (h) The State Board shall meet at least every 45 days, or |
19 | | as often as
the Chairman of the State Board deems necessary, or |
20 | | upon the request of
a majority of the members.
|
21 | | (i)
Five members of the State Board shall constitute a |
22 | | quorum.
The affirmative vote of 5 of the members of the State |
23 | | Board shall be
necessary for
any action requiring a vote to be |
24 | | taken by the State
Board. A vacancy in the membership of the |
25 | | State Board shall not impair the
right of a quorum to exercise |
26 | | all the rights and perform all the duties of the
State Board as |
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1 | | provided by this Act.
|
2 | | (j) A State Board member shall disqualify himself or |
3 | | herself from the
consideration of any application for a permit |
4 | | or
exemption in which the State Board member or the State Board |
5 | | member's spouse,
parent, sibling, or child: (i) has
an economic |
6 | | interest in the matter; or (ii) is employed by, serves as a
|
7 | | consultant for, or is a member of the
governing board of the |
8 | | applicant or a party opposing the application.
|
9 | | (k) The Chairman, Board members, and Board staff must |
10 | | comply with the Illinois Governmental Ethics Act. |
11 | | (Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)
|
12 | | (20 ILCS 3960/8.5) |
13 | | (Section scheduled to be repealed on December 31, 2019) |
14 | | Sec. 8.5. Certificate of exemption for change of ownership |
15 | | of a health care facility; discontinuation of a health care |
16 | | facility or category of service; public notice and public |
17 | | hearing. |
18 | | (a) Upon a finding that an application for a change of |
19 | | ownership is complete, the State Board shall publish a legal |
20 | | notice on one day in a newspaper of general circulation in the |
21 | | area or community to be affected and afford the public an |
22 | | opportunity to request a hearing. If the application is for a |
23 | | facility located in a Metropolitan Statistical Area, an |
24 | | additional legal notice shall be published in a newspaper of |
25 | | limited circulation, if one exists, in the area in which the |
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1 | | facility is located. If the newspaper of limited circulation is |
2 | | published on a daily basis, the additional legal notice shall |
3 | | be published on one day. The applicant shall pay the cost |
4 | | incurred by the Board in publishing the change of ownership |
5 | | notice in newspapers as required under this subsection. The |
6 | | legal notice shall also be posted on the Health Facilities and |
7 | | Services Review Board's web site and sent to the State |
8 | | Representative and State Senator of the district in which the |
9 | | health care facility is located. An application for change of |
10 | | ownership of a hospital shall not be deemed complete without a |
11 | | signed certification that for a period of 2 years after the |
12 | | change of ownership transaction is effective, the hospital will |
13 | | not adopt a charity care policy that is
more restrictive than |
14 | | the policy in effect during the year prior to the transaction. |
15 | | An application for a change of ownership need not contain |
16 | | signed transaction documents so long as it includes the |
17 | | following key terms of the transaction: names and background of |
18 | | the parties; structure of the transaction; the person who will |
19 | | be the licensed or certified entity after the transaction; the |
20 | | ownership or membership interests in such licensed or certified |
21 | | entity both prior to and after the transaction; fair market |
22 | | value of assets to be transferred; and the purchase price or |
23 | | other form of consideration to be provided for those assets. |
24 | | The issuance of the certificate of exemption shall be |
25 | | contingent upon the applicant submitting a statement to the |
26 | | Board within 90 days after the closing date of the transaction, |
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1 | | or such longer period as provided by the Board, certifying that |
2 | | the change of ownership has been completed in accordance with |
3 | | the key terms contained in the application. If such key terms |
4 | | of the transaction change, a new application shall be required. |
5 | | Where a change of ownership is among related persons, and |
6 | | there are no other changes being proposed at the health care |
7 | | facility that would otherwise require a permit or exemption |
8 | | under this Act, the applicant shall submit an application |
9 | | consisting of a standard notice in a form set forth by the |
10 | | Board briefly explaining the reasons for the proposed change of |
11 | | ownership. Once such an application is submitted to the Board |
12 | | and reviewed by the Board staff, the Board Chair shall take |
13 | | action on an application for an exemption for a change of |
14 | | ownership among related persons within 45 days after the |
15 | | application has been deemed complete, provided the application |
16 | | meets the applicable standards under this Section. If the Board |
17 | | Chair has a conflict of interest or for other good cause, the |
18 | | Chair may request review by the Board. Notwithstanding any |
19 | | other provision of this Act, for purposes of this Section, a |
20 | | change of ownership among related persons means a transaction |
21 | | where the parties to the transaction are under common control |
22 | | or ownership before and after the transaction is completed. |
23 | | Nothing in this Act shall be construed as authorizing the |
24 | | Board to impose any conditions, obligations, or limitations, |
25 | | other than those required by this Section, with respect to the |
26 | | issuance of an exemption for a change of ownership, including, |
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1 | | but not limited to, the time period before which a subsequent |
2 | | change of ownership of the health care facility could be |
3 | | sought, or the commitment to continue to offer for a specified |
4 | | time period any services currently offered by the health care |
5 | | facility. |
6 | | (a-3) Upon a finding that an application to close a health |
7 | | care facility is complete, the State Board shall publish a |
8 | | legal notice on 3 consecutive days in a newspaper of general |
9 | | circulation in the area or community to be affected and afford |
10 | | the public an opportunity to request a hearing. If the |
11 | | application is for a facility located in a Metropolitan |
12 | | Statistical Area, an additional legal notice shall be published |
13 | | in a newspaper of limited circulation, if one exists, in the |
14 | | area in which the facility is located. If the newspaper of |
15 | | limited circulation is published on a daily basis, the |
16 | | additional legal notice shall be published on 3 consecutive |
17 | | days. The legal notice shall also be posted on the Health |
18 | | Facilities and Services Review Board's web site and sent to the |
19 | | State Representative and State Senator of the district in which |
20 | | the health care facility is located. No later than 90 days |
21 | | after a discontinuation of a health facility, the applicant |
22 | | must submit a statement to the State Board certifying that the |
23 | | discontinuation is complete. |
24 | | (a-5) Upon a finding that an application to discontinue a |
25 | | category of service is complete and provides the requested |
26 | | information, as specified by the State Board, an exemption |
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1 | | shall be issued. No later than 30 days after the issuance of |
2 | | the exemption, the health care facility must give written |
3 | | notice of the discontinuation of the category of service to the |
4 | | State Senator and State Representative serving the legislative |
5 | | district in which the health care facility is located. No later |
6 | | than 90 days after a discontinuation of a category of service, |
7 | | the applicant must submit a statement to the State Board |
8 | | certifying that the discontinuation is complete. |
9 | | (b) If a public hearing is requested, it shall be held at |
10 | | least 15 days but no more than 30 days after the date of |
11 | | publication of the legal notice in the community in which the |
12 | | facility is located. The hearing shall be held in a place of |
13 | | reasonable size and accessibility and a full and complete |
14 | | written transcript of the proceedings shall be made. All |
15 | | interested persons attending the hearing shall be given a |
16 | | reasonable opportunity to present their positions in writing or |
17 | | orally. The applicant shall provide a summary of the proposal |
18 | | for distribution at the public hearing.
|
19 | | (c) For the purposes of this Section "newspaper of limited |
20 | | circulation" means a newspaper intended to serve a particular |
21 | | or defined population of a specific geographic area within a |
22 | | Metropolitan Statistical Area such as a municipality, town, |
23 | | village, township, or community area, but does not include |
24 | | publications of professional and trade associations. |
25 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15.)
|
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1 | | (20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
|
2 | | (Section scheduled to be repealed on December 31, 2019)
|
3 | | Sec. 10. Presenting information relevant to the approval of |
4 | | a permit or
certificate or in opposition to the denial of the |
5 | | application; notice of
outcome and review proceedings. When a |
6 | | motion by the State Board, to approve
an application for
a |
7 | | permit or a certificate of recognition , fails to pass,
or when |
8 | | a motion to deny an application for a permit
or
a certificate |
9 | | of recognition is passed, the applicant or the holder
of the
|
10 | | permit, as the case may be, and such other parties as the State |
11 | | Board permits,
will be given an opportunity to appear before |
12 | | the State Board and present
such information as may be relevant |
13 | | to the approval of a permit or certificate
or in opposition to |
14 | | the denial of the application.
|
15 | | Subsequent to an appearance by the applicant before the |
16 | | State Board or
default of such opportunity to appear, a motion |
17 | | by the State Board to approve
an application for a permit or a |
18 | | certificate of recognition which fails to pass
or a motion to |
19 | | deny an application for a permit or a certificate of |
20 | | recognition
which passes shall be considered denial of the |
21 | | application for a permit or
certificate of recognition , as the |
22 | | case may be. Such action of denial or an
action by the State |
23 | | Board to revoke a permit or a certificate of recognition
shall |
24 | | be communicated to the applicant or holder of the permit or |
25 | | certificate
of recognition . Such person or organization shall |
26 | | be afforded an opportunity
for a hearing before an |
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1 | | administrative law judge, who is appointed by the Chairman of |
2 | | the State Board. A written notice of a request for such hearing |
3 | | shall be
served upon the Chairman of the State Board within 30 |
4 | | days following
notification of the decision of the State Board. |
5 | | The administrative law judge shall take actions
necessary to |
6 | | ensure that the hearing is completed within a
reasonable period |
7 | | of time, but not to exceed 120 days, except for delays or
|
8 | | continuances agreed to by the
person requesting the hearing.
|
9 | | Following its consideration
of the report of the hearing, or |
10 | | upon default of the party to the hearing,
the State Board shall |
11 | | make its final determination, specifying its findings and
|
12 | | conclusions
within 90 days of receiving the written report of |
13 | | the hearing.
A copy of such determination shall be sent by |
14 | | certified
mail or served personally upon the party.
|
15 | | A full and complete record shall be kept of all |
16 | | proceedings,
including the notice of hearing, complaint, and |
17 | | all other documents in
the nature of pleadings, written motions |
18 | | filed in the proceedings, and
the report and orders of the |
19 | | State Board or hearing officer. All
testimony shall be reported |
20 | | but need not be transcribed unless the
decision is appealed in |
21 | | accordance with the Administrative Review Law,
as now or |
22 | | hereafter amended. A copy or copies of the transcript may be
|
23 | | obtained by any interested party on payment of the cost of |
24 | | preparing
such copy or copies.
|
25 | | The State Board or hearing officer shall upon its own or |
26 | | his motion,
or on the written request of any party to the |
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1 | | proceeding who has, in the
State Board's or hearing officer's |
2 | | opinion, demonstrated the relevancy
of such request to the |
3 | | outcome of the proceedings, issue subpoenas
requiring the |
4 | | attendance and the giving of testimony by witnesses, and
|
5 | | subpoenas duces tecum requiring the production of books, |
6 | | papers,
records, or memoranda. The fees of witnesses for |
7 | | attendance and travel
shall be the same as the fees of |
8 | | witnesses before the circuit court of
this State.
|
9 | | When the witness is subpoenaed at the instance of the State |
10 | | Board, or
its hearing officer, such fees shall be paid in the |
11 | | same manner as other
expenses of the Board, and when the |
12 | | witness is subpoenaed at the
instance of any other party to any |
13 | | such proceeding the State Board may,
in accordance with its |
14 | | rules, require that the cost of
service of the subpoena or |
15 | | subpoena duces tecum and the fee of the
witness be borne by the |
16 | | party at whose instance the witness is summoned.
In such case, |
17 | | the State Board in its discretion, may require a deposit
to |
18 | | cover the cost of such service and witness fees. A subpoena or
|
19 | | subpoena duces tecum so issued shall be served in the same |
20 | | manner as a
subpoena issued out of a court.
|
21 | | Any circuit court of this State upon the application of the |
22 | | State
Board or upon the application of any other party to the |
23 | | proceeding, may,
in its discretion, compel the attendance of |
24 | | witnesses, the production of
books, papers, records, or |
25 | | memoranda and the giving of testimony before
it or its hearing |
26 | | officer conducting an investigation or holding a
hearing |
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1 | | authorized by this Act, by an attachment for contempt, or
|
2 | | otherwise, in the same manner as production of evidence may be |
3 | | compelled
before the court.
|
4 | | (Source: P.A. 97-1115, eff. 8-27-12; 98-1086, eff. 8-26-14.)
|
5 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
|
6 | | (Section scheduled to be repealed on December 31, 2019) |
7 | | Sec. 12. Powers and duties of State Board. For purposes of |
8 | | this Act,
the State Board
shall
exercise the following powers |
9 | | and duties:
|
10 | | (1) Prescribe rules,
regulations, standards, criteria, |
11 | | procedures or reviews which may vary
according to the purpose |
12 | | for which a particular review is being conducted
or the type of |
13 | | project reviewed and which are required to carry out the
|
14 | | provisions and purposes of this Act. Policies and procedures of |
15 | | the State Board shall take into consideration the priorities |
16 | | and needs of medically underserved areas and other health care |
17 | | services identified through the comprehensive health planning |
18 | | process , giving special consideration to the impact of projects |
19 | | on access to safety net services.
|
20 | | (2) Adopt procedures for public
notice and hearing on all |
21 | | proposed rules, regulations, standards,
criteria, and plans |
22 | | required to carry out the provisions of this Act.
|
23 | | (3) (Blank).
|
24 | | (4) Develop criteria and standards for health care |
25 | | facilities planning,
conduct statewide inventories of health |
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1 | | care facilities, maintain an updated
inventory on the Board's |
2 | | web site reflecting the
most recent bed and service
changes and |
3 | | updated need determinations when new census data become |
4 | | available
or new need formulae
are adopted,
and
develop health |
5 | | care facility plans which shall be utilized in the review of
|
6 | | applications for permit under
this Act. Such health facility |
7 | | plans shall be coordinated by the Board
with pertinent State |
8 | | Plans. Inventories pursuant to this Section of skilled or |
9 | | intermediate care facilities licensed under the Nursing Home |
10 | | Care Act, skilled or intermediate care facilities licensed |
11 | | under the ID/DD Community Care Act, skilled or intermediate |
12 | | care facilities licensed under the MC/DD Act, facilities |
13 | | licensed under the Specialized Mental Health Rehabilitation |
14 | | Act of 2013, or nursing homes licensed under the Hospital |
15 | | Licensing Act shall be conducted on an annual basis no later |
16 | | than July 1 of each year and shall include among the |
17 | | information requested a list of all services provided by a |
18 | | facility to its residents and to the community at large and |
19 | | differentiate between active and inactive beds.
|
20 | | In developing health care facility plans, the State Board |
21 | | shall consider,
but shall not be limited to, the following:
|
22 | | (a) The size, composition and growth of the population |
23 | | of the area
to be served;
|
24 | | (b) The number of existing and planned facilities |
25 | | offering similar
programs;
|
26 | | (c) The extent of utilization of existing facilities;
|
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1 | | (d) The availability of facilities which may serve as |
2 | | alternatives
or substitutes;
|
3 | | (e) The availability of personnel necessary to the |
4 | | operation of the
facility;
|
5 | | (f) Multi-institutional planning and the establishment |
6 | | of
multi-institutional systems where feasible;
|
7 | | (g) The financial and economic feasibility of proposed |
8 | | construction
or modification; and
|
9 | | (h) In the case of health care facilities established |
10 | | by a religious
body or denomination, the needs of the |
11 | | members of such religious body or
denomination may be |
12 | | considered to be public need.
|
13 | | The health care facility plans which are developed and |
14 | | adopted in
accordance with this Section shall form the basis |
15 | | for the plan of the State
to deal most effectively with |
16 | | statewide health needs in regard to health
care facilities.
|
17 | | (5) Coordinate with the Center for Comprehensive Health |
18 | | Planning and other state agencies having responsibilities
|
19 | | affecting health care facilities, including those of licensure |
20 | | and cost
reporting. Beginning no later than January 1, 2013, |
21 | | the Department of Public Health shall produce a written annual |
22 | | report to the Governor and the General Assembly regarding the |
23 | | development of the Center for Comprehensive Health Planning. |
24 | | The Chairman of the State Board and the State Board |
25 | | Administrator shall also receive a copy of the annual report.
|
26 | | (6) Solicit, accept, hold and administer on behalf of the |
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1 | | State
any grants or bequests of money, securities or property |
2 | | for
use by the State Board or Center for Comprehensive Health |
3 | | Planning in the administration of this Act; and enter into |
4 | | contracts
consistent with the appropriations for purposes |
5 | | enumerated in this Act.
|
6 | | (7) The State Board shall prescribe procedures for review, |
7 | | standards,
and criteria which shall be utilized
to make |
8 | | periodic reviews and determinations of the appropriateness
of |
9 | | any existing health services being rendered by health care |
10 | | facilities
subject to the Act. The State Board shall consider |
11 | | recommendations of the
Board in making its
determinations.
|
12 | | (8) Prescribe , in consultation
with the Center for |
13 | | Comprehensive Health Planning, rules, regulations,
standards, |
14 | | and criteria for the conduct of an expeditious review of
|
15 | | applications
for permits for projects of construction or |
16 | | modification of a health care
facility, which projects are |
17 | | classified as emergency, substantive, or non-substantive in |
18 | | nature. |
19 | | Six months after June 30, 2009 (the effective date of |
20 | | Public Act 96-31), substantive projects shall include no more |
21 | | than the following: |
22 | | (a) Projects to construct (1) a new or replacement |
23 | | facility located on a new site or
(2) a replacement |
24 | | facility located on the same site as the original facility |
25 | | and the cost of the replacement facility exceeds the |
26 | | capital expenditure minimum, which shall be reviewed by the |
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1 | | Board within 120 days; |
2 | | (b) Projects proposing a
(1) new service within an |
3 | | existing healthcare facility or
(2) discontinuation of a |
4 | | service within an existing healthcare facility, which |
5 | | shall be reviewed by the Board within 60 days; or |
6 | | (c) Projects proposing a change in the bed capacity of |
7 | | a health care facility by an increase in the total number |
8 | | of beds or by a redistribution of beds among various |
9 | | categories of service or by a relocation of beds from one |
10 | | physical facility or site to another by more than 20 beds |
11 | | or more than 10% of total bed capacity, as defined by the |
12 | | State Board, whichever is less, over a 2-year period. |
13 | | The Chairman may approve applications for exemption that |
14 | | meet the criteria set forth in rules or refer them to the full |
15 | | Board. The Chairman may approve any unopposed application that |
16 | | meets all of the review criteria or refer them to the full |
17 | | Board. |
18 | | Such rules shall
not abridge the right of the Center for |
19 | | Comprehensive Health Planning to make
recommendations on the |
20 | | classification and approval of projects, nor shall
such rules |
21 | | prevent the conduct of a public hearing upon the timely request
|
22 | | of an interested party. Such reviews shall not exceed 60 days |
23 | | from the
date the application is declared to be complete.
|
24 | | (9) Prescribe rules, regulations,
standards, and criteria |
25 | | pertaining to the granting of permits for
construction
and |
26 | | modifications which are emergent in nature and must be |
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1 | | undertaken
immediately to prevent or correct structural |
2 | | deficiencies or hazardous
conditions that may harm or injure |
3 | | persons using the facility, as defined
in the rules and |
4 | | regulations of the State Board. This procedure is exempt
from |
5 | | public hearing requirements of this Act.
|
6 | | (10) Prescribe rules,
regulations, standards and criteria |
7 | | for the conduct of an expeditious
review, not exceeding 60 |
8 | | days, of applications for permits for projects to
construct or |
9 | | modify health care facilities which are needed for the care
and |
10 | | treatment of persons who have acquired immunodeficiency |
11 | | syndrome (AIDS)
or related conditions.
|
12 | | (10.5) Provide its rationale when voting on an item before |
13 | | it at a State Board meeting in order to comply with subsection |
14 | | (b) of Section 3-108 of the Code of Civil Procedure. |
15 | | (11) Issue written decisions upon request of the applicant |
16 | | or an adversely affected party to the Board. Requests for a |
17 | | written decision shall be made within 15 days after the Board |
18 | | meeting in which a final decision has been made. A "final |
19 | | decision" for purposes of this Act is the decision to approve |
20 | | or deny an application, or take other actions permitted under |
21 | | this Act, at the time and date of the meeting that such action |
22 | | is scheduled by the Board. The transcript of the State Board |
23 | | meeting shall be incorporated into the Board's final decision. |
24 | | The staff of the Board shall prepare a written copy of the |
25 | | final decision and the Board shall approve a final copy for |
26 | | inclusion in the formal record. The Board shall consider, for |
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1 | | approval, the written draft of the final decision no later than |
2 | | the next scheduled Board meeting. The written decision shall |
3 | | identify the applicable criteria and factors listed in this Act |
4 | | and the Board's regulations that were taken into consideration |
5 | | by the Board when coming to a final decision. If the Board |
6 | | denies or fails to approve an application for permit or |
7 | | exemption, the Board shall include in the final decision a |
8 | | detailed explanation as to why the application was denied and |
9 | | identify what specific criteria or standards the applicant did |
10 | | not fulfill. |
11 | | (12) Require at least one of its members to participate in |
12 | | any public hearing, after the appointment of a majority of the |
13 | | members to the Board. |
14 | | (13) Provide a mechanism for the public to comment on, and |
15 | | request changes to, draft rules and standards. |
16 | | (14) Implement public information campaigns to regularly |
17 | | inform the general public about the opportunity for public |
18 | | hearings and public hearing procedures. |
19 | | (15) Establish a separate set of rules and guidelines for |
20 | | long-term care that recognizes that nursing homes are a |
21 | | different business line and service model from other regulated |
22 | | facilities. An open and transparent process shall be developed |
23 | | that considers the following: how skilled nursing fits in the |
24 | | continuum of care with other care providers, modernization of |
25 | | nursing homes, establishment of more private rooms, |
26 | | development of alternative services, and current trends in |
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1 | | long-term care services.
The Chairman of the Board shall |
2 | | appoint a permanent Health Services Review Board Long-term Care |
3 | | Facility Advisory Subcommittee that shall develop and |
4 | | recommend to the Board the rules to be established by the Board |
5 | | under this paragraph (15). The Subcommittee shall also provide |
6 | | continuous review and commentary on policies and procedures |
7 | | relative to long-term care and the review of related projects. |
8 | | The Subcommittee shall make recommendations to the Board no |
9 | | later than January 1, 2016 and every January thereafter |
10 | | pursuant to the Subcommittee's responsibility for the |
11 | | continuous review and commentary on policies and procedures |
12 | | relative to long-term care. In consultation with other experts |
13 | | from the health field of long-term care, the Board and the |
14 | | Subcommittee shall study new approaches to the current bed need |
15 | | formula and Health Service Area boundaries to encourage |
16 | | flexibility and innovation in design models reflective of the |
17 | | changing long-term care marketplace and consumer preferences |
18 | | and submit its recommendations to the Chairman of the Board no |
19 | | later than January 1, 2017. The Subcommittee shall evaluate, |
20 | | and make recommendations to the State Board regarding, the |
21 | | buying, selling, and exchange of beds between long-term care |
22 | | facilities within a specified geographic area or drive time. |
23 | | The Board shall file the proposed related administrative rules |
24 | | for the separate rules and guidelines for long-term care |
25 | | required by this paragraph (15) by no later than September 30, |
26 | | 2011. The Subcommittee shall be provided a reasonable and |
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1 | | timely opportunity to review and comment on any review, |
2 | | revision, or updating of the criteria, standards, procedures, |
3 | | and rules used to evaluate project applications as provided |
4 | | under Section 12.3 of this Act. |
5 | | The Chairman of the Board shall appoint voting members of |
6 | | the Subcommittee, who shall serve for a period of 3 years, with |
7 | | one-third of the terms expiring each January, to be determined |
8 | | by lot. Appointees shall include, but not be limited to, |
9 | | recommendations from each of the 3 statewide long-term care |
10 | | associations, with an equal number to be appointed from each. |
11 | | Compliance with this provision shall be through the appointment |
12 | | and reappointment process. All appointees serving as of April |
13 | | 1, 2015 shall serve to the end of their term as determined by |
14 | | lot or until the appointee voluntarily resigns, whichever is |
15 | | earlier. |
16 | | One representative from the Department of Public Health, |
17 | | the Department of Healthcare and Family Services, the |
18 | | Department on Aging, and the Department of Human Services may |
19 | | each serve as an ex-officio non-voting member of the |
20 | | Subcommittee. The Chairman of the Board shall select a |
21 | | Subcommittee Chair, who shall serve for a period of 3 years. |
22 | | (16) Prescribe the format of the State Board Staff Report. |
23 | | A State Board Staff Report shall pertain to applications that |
24 | | include, but are not limited to, applications for permit or |
25 | | exemption, applications for permit renewal, applications for |
26 | | extension of the obligation period, applications requesting a |
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1 | | declaratory ruling, or applications under the Health Care |
2 | | Worker Self-Referral Act. State Board Staff Reports shall |
3 | | compare applications to the relevant review criteria under the |
4 | | Board's rules. |
5 | | (17) Establish a separate set of rules and guidelines for |
6 | | facilities licensed under the Specialized Mental Health |
7 | | Rehabilitation Act of 2013. An application for the |
8 | | re-establishment of a facility in connection with the |
9 | | relocation of the facility shall not be granted unless the |
10 | | applicant has a contractual relationship with at least one |
11 | | hospital to provide emergency and inpatient mental health |
12 | | services required by facility consumers, and at least one |
13 | | community mental health agency to provide oversight and |
14 | | assistance to facility consumers while living in the facility, |
15 | | and appropriate services, including case management, to assist |
16 | | them to prepare for discharge and reside stably in the |
17 | | community thereafter. No new facilities licensed under the |
18 | | Specialized Mental Health Rehabilitation Act of 2013 shall be |
19 | | established after June 16, 2014 (the effective date of Public |
20 | | Act 98-651) except in connection with the relocation of an |
21 | | existing facility to a new location. An application for a new |
22 | | location shall not be approved unless there are adequate |
23 | | community services accessible to the consumers within a |
24 | | reasonable distance, or by use of public transportation, so as |
25 | | to facilitate the goal of achieving maximum individual |
26 | | self-care and independence. At no time shall the total number |
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1 | | of authorized beds under this Act in facilities licensed under |
2 | | the Specialized Mental Health Rehabilitation Act of 2013 exceed |
3 | | the number of authorized beds on June 16, 2014 (the effective |
4 | | date of Public Act 98-651). |
5 | | (Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; |
6 | | 98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. |
7 | | 7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277, |
8 | | eff. 8-5-15; revised 10-15-15.)
|
9 | | (20 ILCS 3960/12.2)
|
10 | | (Section scheduled to be repealed on December 31, 2019)
|
11 | | Sec. 12.2. Powers of the State Board staff. For purposes of |
12 | | this Act,
the staff shall exercise the following powers and |
13 | | duties:
|
14 | | (1) Review applications for permits and exemptions in |
15 | | accordance with the
standards, criteria, and plans of need |
16 | | established by the State Board under
this Act and certify its |
17 | | finding to the State Board.
|
18 | | (1.5) Post the following on the Board's web site: relevant |
19 | | (i)
rules,
(ii)
standards, (iii)
criteria, (iv) State norms, |
20 | | (v) references used by Board staff in making
determinations |
21 | | about whether application criteria are met, and (vi) notices of
|
22 | | project-related filings, including notice of public comments |
23 | | related to the
application.
|
24 | | (2) Charge and collect an amount determined by the State |
25 | | Board and the staff to be
reasonable fees for the processing of |
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1 | | applications by the State Board.
The State Board shall set the |
2 | | amounts by rule. Application fees for continuing care |
3 | | retirement communities, and other health care models that |
4 | | include regulated and unregulated components, shall apply only |
5 | | to those components subject to regulation under this Act. All |
6 | | fees and fines
collected under the provisions of this Act shall |
7 | | be deposited
into the Illinois Health Facilities Planning Fund |
8 | | to be used for the
expenses of administering this Act.
|
9 | | (2.1) Publish the following reports on the State Board |
10 | | website: |
11 | | (A) An annual accounting, aggregated by category and |
12 | | with names of parties redacted, of fees, fines, and other |
13 | | revenue collected as well as expenses incurred, in the |
14 | | administration of this Act. |
15 | | (B) An annual report, with names of the parties |
16 | | redacted, that summarizes all settlement agreements |
17 | | entered into with the State Board that resolve an alleged |
18 | | instance of noncompliance with State Board requirements |
19 | | under this Act. |
20 | | (C) A monthly report that includes the status of |
21 | | applications and recommendations regarding updates to the |
22 | | standard, criteria, or the health plan as appropriate. |
23 | | (D) Board reports showing the degree to which an |
24 | | application conforms to the review standards, a summation |
25 | | of relevant public testimony, and any additional |
26 | | information that staff wants to communicate. |
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1 | | (3) Coordinate with other State agencies having |
2 | | responsibilities
affecting
health care facilities, including |
3 | | the Center for Comprehensive Health Planning and those of |
4 | | licensure and cost reporting agencies .
|
5 | | (Source: P.A. 98-1086, eff. 8-26-14.)
|
6 | | (20 ILCS 3960/12.3)
|
7 | | (Section scheduled to be repealed on December 31, 2019)
|
8 | | Sec. 12.3. Revision of criteria, standards, and rules. At |
9 | | least every 2 years, the State Board shall review, revise, and
|
10 | | update the
criteria, standards, and rules used to evaluate |
11 | | applications for permit. To the
extent practicable,
the |
12 | | criteria, standards, and rules shall be based on objective |
13 | | criteria using the inventory and recommendations of the |
14 | | Comprehensive Health Plan for guidance. The Board may appoint |
15 | | temporary advisory committees made up of experts with |
16 | | professional competence in the subject matter of the proposed |
17 | | standards or criteria to assist in the development of revisions |
18 | | to standards and criteria. In
particular, the review of
the |
19 | | criteria, standards, and rules shall consider:
|
20 | | (1) Whether the criteria and standards reflect current |
21 | | industry standards
and
anticipated trends.
|
22 | | (2) Whether the criteria and standards can be reduced |
23 | | or eliminated.
|
24 | | (3) Whether criteria and standards can be developed to |
25 | | authorize the
construction
of unfinished space for future |
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1 | | use when the ultimate need for such space can be
reasonably
|
2 | | projected.
|
3 | | (4) Whether the criteria and standards take into |
4 | | account issues related to
population growth and changing |
5 | | demographics in a community.
|
6 | | (5) Whether facility-defined service and planning |
7 | | areas should be
recognized.
|
8 | | (6) Whether categories of service that are subject to |
9 | | review should be re-evaluated, including provisions |
10 | | related to structural, functional, and operational |
11 | | differences between long-term care facilities and acute |
12 | | care facilities and that allow routine changes of |
13 | | ownership, facility sales, and closure requests to be |
14 | | processed on a more timely basis. |
15 | | (Source: P.A. 96-31, eff. 6-30-09.)
|
16 | | (20 ILCS 3960/14.1)
|
17 | | Sec. 14.1. Denial of permit; other sanctions. |
18 | | (a) The State Board may deny an application for a permit or |
19 | | may revoke or
take other action as permitted by this Act with |
20 | | regard to a permit as the State
Board deems appropriate, |
21 | | including the imposition of fines as set forth in this
Section, |
22 | | for any one or a combination of the following: |
23 | | (1) The acquisition of major medical equipment without |
24 | | a permit or in
violation of the terms of a permit. |
25 | | (2) The establishment, construction, modification, or |
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1 | | change of ownership of a health care
facility without a |
2 | | permit or exemption or in violation of the terms of a |
3 | | permit. |
4 | | (3) The violation of any provision of this Act or any |
5 | | rule adopted
under this Act. |
6 | | (4) The failure, by any person subject to this Act, to |
7 | | provide information
requested by the State Board or Agency |
8 | | within 30 days after a formal written
request for the |
9 | | information. |
10 | | (5) The failure to pay any fine imposed under this |
11 | | Section within 30 days
of its imposition. |
12 | | (a-5) For facilities licensed under the ID/DD Community |
13 | | Care Act, no permit shall be denied on the basis of prior |
14 | | operator history, other than for actions specified under item |
15 | | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care |
16 | | Act. For facilities licensed under the MC/DD Act, no permit |
17 | | shall be denied on the basis of prior operator history, other |
18 | | than for actions specified under item (2), (4), or (5) of |
19 | | Section 3-117 of the MC/DD Act. For facilities licensed under |
20 | | the Specialized Mental Health Rehabilitation Act of 2013, no |
21 | | permit shall be denied on the basis of prior operator history, |
22 | | other than for actions specified under subsections (a) and (b) |
23 | | item (2), (4), or (5) of Section 4-109 3-117 of the Specialized |
24 | | Mental Health Rehabilitation Act of 2013. For facilities |
25 | | licensed under the Nursing Home Care Act, no permit shall be |
26 | | denied on the basis of prior operator history, other than for: |
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1 | | (i) actions specified under item (2), (3), (4), (5), or (6) of |
2 | | Section 3-117 of the Nursing Home Care Act; (ii) actions |
3 | | specified under item (a)(6) of Section 3-119 of the Nursing |
4 | | Home Care Act; or (iii) actions within the preceding 5 years |
5 | | constituting a substantial and repeated failure to comply with |
6 | | the Nursing Home Care Act or the rules and regulations adopted |
7 | | by the Department under that Act. The State Board shall not |
8 | | deny a permit on account of any action described in this |
9 | | subsection (a-5) without also considering all such actions in |
10 | | the light of all relevant information available to the State |
11 | | Board, including whether the permit is sought to substantially |
12 | | comply with a mandatory or voluntary plan of correction |
13 | | associated with any action described in this subsection (a-5).
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14 | | (b) Persons shall be subject to fines as follows: |
15 | | (1) A permit holder who fails to comply with the |
16 | | requirements of
maintaining a valid permit shall be fined |
17 | | an amount not to exceed 1% of the
approved permit amount |
18 | | plus an additional 1% of the approved permit amount for
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19 | | each 30-day period, or fraction thereof, that the violation |
20 | | continues. |
21 | | (2) A permit holder who alters the scope of an approved |
22 | | project or whose
project costs exceed the allowable permit |
23 | | amount without first obtaining
approval from the State |
24 | | Board shall be fined an amount not to exceed the sum of
(i) |
25 | | the lesser of $25,000 or 2% of the approved permit amount |
26 | | and (ii) in those
cases where the approved permit amount is |
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1 | | exceeded by more than $1,000,000, an
additional $20,000 for |
2 | | each $1,000,000, or fraction thereof, in excess of the
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3 | | approved permit amount. |
4 | | (2.5) A permit holder who fails to comply with the |
5 | | post-permit and reporting requirements set forth in |
6 | | Sections Section 5 and 8.5 shall be fined an amount not to |
7 | | exceed $10,000 plus an additional $10,000 for each 30-day |
8 | | period, or fraction thereof, that the violation continues. |
9 | | This fine shall continue to accrue until the date that (i) |
10 | | the post-permit requirements are met and the post-permit or |
11 | | post-exemption reports are received by the State Board or |
12 | | (ii) the matter is referred by the State Board to the State |
13 | | Board's legal counsel. The accrued fine is not waived by |
14 | | the permit holder submitting the required information and |
15 | | reports. Prior to any fine beginning to accrue, the Board |
16 | | shall
notify, in writing, a permit holder of the due date
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17 | | for the post-permit and reporting requirements no later |
18 | | than 30 days
before the due date for the requirements. This |
19 | | paragraph (2.5) takes
effect 6 months after August 27, 2012 |
20 | | (the effective date of Public Act 97-1115). |
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
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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, establishes, or |
3 | | changes ownership of a health care
facility without first |
4 | | obtaining a permit or exemption shall be fined an amount |
5 | | not to
exceed $25,000 plus an additional $25,000 for each |
6 | | 30-day period, or fraction
thereof, that the violation |
7 | | continues. |
8 | | (5) A person who discontinues a health care facility or |
9 | | a category of
service without first obtaining a permit or |
10 | | exemption shall be fined an amount not to exceed
$10,000 |
11 | | plus an additional $10,000 for each 30-day period, or |
12 | | fraction thereof,
that the violation continues. For |
13 | | purposes of this subparagraph (5), facilities licensed |
14 | | under the Nursing Home Care Act, the ID/DD Community Care |
15 | | Act, or the MC/DD Act, with the exceptions of facilities |
16 | | operated by a county or Illinois Veterans Homes, are exempt |
17 | | from this permit requirement. However, facilities licensed |
18 | | under the Nursing Home Care Act, the ID/DD Community Care |
19 | | Act, or the MC/DD Act must comply with Section 3-423 of the |
20 | | Nursing Home Care Act, Section 3-423 of the ID/DD Community |
21 | | Care Act, or Section 3-423 of the MC/DD Act and must |
22 | | provide the Board and the Department of Human Services with |
23 | | 30 days' written notice of their intent to close.
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24 | | Facilities licensed under the ID/DD Community Care Act or |
25 | | the MC/DD Act also must provide the Board and the |
26 | | Department of Human Services with 30 days' written notice |
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1 | | of their intent to reduce the number of beds for a |
2 | | facility. |
3 | | (6) A person subject to this Act who fails to provide |
4 | | information
requested by the State Board or Agency within |
5 | | 30 days of a formal written
request shall be fined an |
6 | | amount not to exceed $1,000 plus an additional $1,000
for |
7 | | each 30-day period, or fraction thereof, that the |
8 | | information is not
received by the State Board or Agency. |
9 | | (b-5) The State Board may accept in-kind services instead |
10 | | of or in combination with the imposition of a fine. This |
11 | | authorization is limited to cases where the non-compliant |
12 | | individual or entity has waived the right to an administrative |
13 | | hearing or opportunity to appear before the Board regarding the |
14 | | non-compliant matter. |
15 | | (c) Before imposing any fine authorized under this Section, |
16 | | the State Board
shall afford the person or permit holder, as |
17 | | the case may be, an appearance
before the State Board and an |
18 | | opportunity for a hearing before a hearing
officer appointed by |
19 | | the State Board. The hearing shall be conducted in
accordance |
20 | | with Section 10. Requests for an appearance before the State |
21 | | Board must be made within 30 days after receiving notice that a |
22 | | fine will be imposed. |
23 | | (d) All fines collected under this Act shall be transmitted |
24 | | to the State
Treasurer, who shall deposit them into the |
25 | | Illinois Health Facilities Planning
Fund. |
26 | | (e) Fines imposed under this Section shall continue to |
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1 | | accrue until: (i) the date that the matter is referred by the |
2 | | State Board to the Board's legal counsel; or (ii) the date that |
3 | | the health care facility becomes compliant with the Act, |
4 | | whichever is earlier. |
5 | | (Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15; |
6 | | 99-180, eff. 7-29-15; revised 10-14-15.)
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7 | | (20 ILCS 3960/19.5)
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8 | | (Section scheduled to be repealed on December 31, 2019 and |
9 | | as provided internally)
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10 | | Sec. 19.5. Audit. Twenty-four months after the last member |
11 | | of the 9-member Board is appointed, as required under this |
12 | | amendatory Act of the 96th General Assembly, and 36 months |
13 | | thereafter, the Auditor General shall commence a performance |
14 | | audit of the Center for Comprehensive Health Planning, State |
15 | | Board , and the Certificate of Need processes to determine:
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16 | | (1) (blank); whether progress is being made to develop |
17 | | a Comprehensive Health Plan and whether resources are |
18 | | sufficient to meet the goals of the Center for |
19 | | Comprehensive Health Planning;
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20 | | (2) whether changes to the Certificate of Need |
21 | | processes are being implemented effectively, as well as |
22 | | their impact, if any, on access to safety net services; and
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23 | | (3) whether fines and settlements are fair, |
24 | | consistent, and in proportion to the degree of violations.
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25 | | The Auditor General must report on the results of the audit |
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1 | | to the General
Assembly.
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2 | | This Section is repealed when the Auditor General files his |
3 | | or her report
with the General Assembly.
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4 | | (Source: P.A. 96-31, eff. 6-30-09.)
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5 | | (20 ILCS 2310/2310-217 rep.) |
6 | | Section 15. The Department of Public Health Powers and |
7 | | Duties Law of the
Civil Administrative Code of Illinois is |
8 | | amended by repealing Section 2310-217.
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