Full Text of HB4517 99th General Assembly
HB4517sam001 99TH GENERAL ASSEMBLY | Sen. Napoleon Harris, III Filed: 5/19/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4517
| 2 | | AMENDMENT NO. ______. Amend House Bill 4517 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Section 5-565 as follows:
| 6 | | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
| 7 | | Sec. 5-565. In the Department of Public Health.
| 8 | | (a) The General Assembly declares it to be the public | 9 | | policy of this
State that all citizens of Illinois are entitled | 10 | | to lead healthy lives.
Governmental public health has a | 11 | | specific responsibility to ensure that a
public health system | 12 | | is in place to allow the public health mission to be achieved. | 13 | | The public health system is the collection of public, private, | 14 | | and voluntary entities as well as individuals and informal | 15 | | associations that contribute to the public's health within the | 16 | | State. To
develop a public health system requires certain core |
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| 1 | | functions to be performed by
government. The State Board of | 2 | | Health is to assume the leadership role in
advising the | 3 | | Director in meeting the following functions:
| 4 | | (1) Needs assessment.
| 5 | | (2) Statewide health objectives.
| 6 | | (3) Policy development.
| 7 | | (4) Assurance of access to necessary services.
| 8 | | There shall be a State Board of Health composed of 20 | 9 | | persons,
all of
whom shall be appointed by the Governor, with | 10 | | the advice and consent of the
Senate for those appointed by the | 11 | | Governor on and after June 30, 1998,
and one of whom shall be a
| 12 | | senior citizen age 60 or over. Five members shall be physicians | 13 | | licensed
to practice medicine in all its branches, one | 14 | | representing a medical school
faculty, one who is board | 15 | | certified in preventive medicine, and one who is
engaged in | 16 | | private practice. One member shall be a chiropractic physician. | 17 | | One member shall be a dentist; one an
environmental health | 18 | | practitioner; one a local public health administrator;
one a | 19 | | local board of health member; one a registered nurse; one a | 20 | | physical therapist; one an optometrist; one a
veterinarian; one | 21 | | a public health academician; one a health care industry
| 22 | | representative; one a representative of the business | 23 | | community; one a representative of the non-profit public | 24 | | interest community; and 2 shall be citizens at large.
| 25 | | The terms of Board of Health members shall be 3 years, | 26 | | except that members shall continue to serve on the Board of |
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| 1 | | Health until a replacement is appointed. Upon the effective | 2 | | date of this amendatory Act of the 93rd General Assembly, in | 3 | | the appointment of the Board of Health members appointed to | 4 | | vacancies or positions with terms expiring on or before | 5 | | December 31, 2004, the Governor shall appoint up to 6 members | 6 | | to serve for terms of 3 years; up to 6 members to serve for | 7 | | terms of 2 years; and up to 5 members to serve for a term of one | 8 | | year, so that the term of no more than 6 members expire in the | 9 | | same year.
All members shall
be legal residents of the State of | 10 | | Illinois. The duties of the Board shall
include, but not be | 11 | | limited to, the following:
| 12 | | (1) To advise the Department of ways to encourage | 13 | | public understanding
and support of the Department's | 14 | | programs.
| 15 | | (2) To evaluate all boards, councils, committees, | 16 | | authorities, and
bodies
advisory to, or an adjunct of, the | 17 | | Department of Public Health or its
Director for the purpose | 18 | | of recommending to the Director one or
more of the | 19 | | following:
| 20 | | (i) The elimination of bodies whose activities
are | 21 | | not consistent with goals and objectives of the | 22 | | Department.
| 23 | | (ii) The consolidation of bodies whose activities | 24 | | encompass
compatible programmatic subjects.
| 25 | | (iii) The restructuring of the relationship | 26 | | between the various
bodies and their integration |
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| 1 | | within the organizational structure of the
Department.
| 2 | | (iv) The establishment of new bodies deemed | 3 | | essential to the
functioning of the Department.
| 4 | | (3) To serve as an advisory group to the Director for
| 5 | | public health emergencies and
control of health hazards.
| 6 | | (4) To advise the Director regarding public health | 7 | | policy,
and to make health policy recommendations | 8 | | regarding priorities to the
Governor through the Director.
| 9 | | (5) To present public health issues to the Director and | 10 | | to make
recommendations for the resolution of those issues.
| 11 | | (6) To recommend studies to delineate public health | 12 | | problems.
| 13 | | (7) To make recommendations to the Governor through the | 14 | | Director
regarding the coordination of State public health | 15 | | activities with other
State and local public health | 16 | | agencies and organizations.
| 17 | | (8) To report on or before February 1 of each year on | 18 | | the health of the
residents of Illinois to the Governor, | 19 | | the General Assembly, and the
public.
| 20 | | (9) To review the final draft of all proposed | 21 | | administrative rules,
other than emergency or preemptory | 22 | | rules and those rules that another
advisory body must | 23 | | approve or review within a statutorily defined time
period, | 24 | | of the Department after September 19, 1991 (the effective | 25 | | date of
Public Act
87-633). The Board shall review the | 26 | | proposed rules within 90
days of
submission by the |
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| 1 | | Department. The Department shall take into consideration
| 2 | | any comments and recommendations of the Board regarding the | 3 | | proposed rules
prior to submission to the Secretary of | 4 | | State for initial publication. If
the Department disagrees | 5 | | with the recommendations of the Board, it shall
submit a | 6 | | written response outlining the reasons for not accepting | 7 | | the
recommendations.
| 8 | | In the case of proposed administrative rules or | 9 | | amendments to
administrative
rules regarding immunization | 10 | | of children against preventable communicable
diseases | 11 | | designated by the Director under the Communicable Disease | 12 | | Prevention
Act, after the Immunization Advisory Committee | 13 | | has made its
recommendations, the Board shall conduct 3 | 14 | | public hearings, geographically
distributed
throughout the | 15 | | State. At the conclusion of the hearings, the State Board | 16 | | of
Health shall issue a report, including its | 17 | | recommendations, to the Director.
The Director shall take | 18 | | into consideration any comments or recommendations made
by | 19 | | the Board based on these hearings.
| 20 | | (10) To deliver to the Governor for presentation to the | 21 | | General Assembly a State Health Improvement Plan. The first | 22 | | 3 such plans shall be delivered to the Governor on January | 23 | | 1, 2006, January 1, 2009, and January 1, 2016 and then | 24 | | every 5 years thereafter. | 25 | | The Plan shall recommend priorities and strategies to | 26 | | improve the public health system and the health status of |
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| 1 | | Illinois residents, taking into consideration national | 2 | | health objectives and system standards as frameworks for | 3 | | assessment. | 4 | | The Plan shall also take into consideration priorities | 5 | | and strategies developed at the community level through the | 6 | | Illinois Project for Local Assessment of Needs (IPLAN) and | 7 | | any regional health improvement plans that may be | 8 | | developed.
The Plan shall focus on prevention as a key | 9 | | strategy for long-term health improvement in Illinois. | 10 | | The Plan shall examine and make recommendations on the | 11 | | contributions and strategies of the public and private | 12 | | sectors for improving health status and the public health | 13 | | system in the State. In addition to recommendations on | 14 | | health status improvement priorities and strategies for | 15 | | the population of the State as a whole, the Plan shall make | 16 | | recommendations regarding priorities and strategies for | 17 | | reducing and eliminating health disparities in Illinois; | 18 | | including racial, ethnic, gender, age, socio-economic and | 19 | | geographic disparities. | 20 | | The Director of the Illinois Department of Public | 21 | | Health shall appoint a Planning Team that includes a range | 22 | | of public, private, and voluntary sector stakeholders and | 23 | | participants in the public health system. This Team shall | 24 | | include: the directors of State agencies with public health | 25 | | responsibilities (or their designees), including but not | 26 | | limited to the Illinois Departments of Public Health and |
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| 1 | | Department of Human Services, representatives of local | 2 | | health departments, representatives of local community | 3 | | health partnerships, and individuals with expertise who | 4 | | represent an array of organizations and constituencies | 5 | | engaged in public health improvement and prevention. | 6 | | The State Board of Health shall hold at least 3 public | 7 | | hearings addressing drafts of the Plan in representative | 8 | | geographic areas of the State.
Members of the Planning Team | 9 | | shall receive no compensation for their services, but may | 10 | | be reimbursed for their necessary expenses.
| 11 | | Upon the delivery of each State Health Improvement | 12 | | Plan, the Governor shall appoint a SHIP Implementation | 13 | | Coordination Council that includes a range of public, | 14 | | private, and voluntary sector stakeholders and | 15 | | participants in the public health system. The Council shall | 16 | | include the directors of State agencies and entities with | 17 | | public health system responsibilities (or their | 18 | | designees), including but not limited to the Department of | 19 | | Public Health, Department of Human Services, Department of | 20 | | Healthcare and Family Services, Environmental Protection | 21 | | Agency, Illinois State Board of Education, Department on | 22 | | Aging, Illinois Violence Prevention Authority, Department | 23 | | of Agriculture, Department of Insurance, Department of | 24 | | Financial and Professional Regulation, Department of | 25 | | Transportation, and Department of Commerce and Economic | 26 | | Opportunity and the Chair of the State Board of Health. The |
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| 1 | | Council shall include representatives of local health | 2 | | departments and individuals with expertise who represent | 3 | | an array of organizations and constituencies engaged in | 4 | | public health improvement and prevention, including | 5 | | non-profit public interest groups, health issue groups, | 6 | | faith community groups, health care providers, businesses | 7 | | and employers, academic institutions, and community-based | 8 | | organizations. The Governor shall endeavor to make the | 9 | | membership of the Council representative of the racial, | 10 | | ethnic, gender, socio-economic, and geographic diversity | 11 | | of the State. The Governor shall designate one State agency | 12 | | representative and one other non-governmental member as | 13 | | co-chairs of the Council. The Governor shall designate a | 14 | | member of the Governor's office to serve as liaison to the | 15 | | Council and one or more State agencies to provide or | 16 | | arrange for support to the Council. The members of the SHIP | 17 | | Implementation Coordination Council for each State Health | 18 | | Improvement Plan shall serve until the delivery of the | 19 | | subsequent State Health Improvement Plan, whereupon a new | 20 | | Council shall be appointed. Members of the SHIP Planning | 21 | | Team may serve on the SHIP Implementation Coordination | 22 | | Council if so appointed by the Governor. | 23 | | The SHIP Implementation Coordination Council shall | 24 | | coordinate the efforts and engagement of the public, | 25 | | private, and voluntary sector stakeholders and | 26 | | participants in the public health system to implement each |
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| 1 | | SHIP. The Council shall serve as a forum for collaborative | 2 | | action; coordinate existing and new initiatives; develop | 3 | | detailed implementation steps, with mechanisms for action; | 4 | | implement specific projects; identify public and private | 5 | | funding sources at the local, State and federal level; | 6 | | promote public awareness of the SHIP; advocate for the | 7 | | implementation of the SHIP; and develop an annual report to | 8 | | the Governor, General Assembly, and public regarding the | 9 | | status of implementation of the SHIP. The Council shall | 10 | | not, however, have the authority to direct any public or | 11 | | private entity to take specific action to implement the | 12 | | SHIP.
| 13 | | (11) Upon the request of the Governor, to recommend to | 14 | | the Governor
candidates for Director of Public Health when | 15 | | vacancies occur in the position.
| 16 | | (12) To adopt bylaws for the conduct of its own | 17 | | business, including the
authority to establish ad hoc | 18 | | committees to address specific public health
programs | 19 | | requiring resolution.
| 20 | | (13) (Blank). To review and comment upon the | 21 | | Comprehensive Health Plan submitted by the Center for | 22 | | Comprehensive Health Planning as provided under Section | 23 | | 2310-217 of the Department of Public Health Powers and | 24 | | Duties Law of the Civil Administrative Code of Illinois. | 25 | | Upon appointment, the Board shall elect a chairperson from | 26 | | among its
members.
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| 1 | | Members of the Board shall receive compensation for their | 2 | | services at the
rate of $150 per day, not to exceed $10,000 per | 3 | | year, as designated by the
Director for each day required for | 4 | | transacting the business of the Board
and shall be reimbursed | 5 | | for necessary expenses incurred in the performance
of their | 6 | | duties. The Board shall meet from time to time at the call of | 7 | | the
Department, at the call of the chairperson, or upon the | 8 | | request of 3 of its
members, but shall not meet less than 4 | 9 | | times per year.
| 10 | | (b) (Blank).
| 11 | | (c) An Advisory Board on Necropsy Service to Coroners, | 12 | | which shall
counsel and advise with the Director on the | 13 | | administration of the Autopsy
Act. The Advisory Board shall | 14 | | consist of 11 members, including
a senior citizen age 60 or | 15 | | over, appointed by the Governor, one of
whom shall be | 16 | | designated as chairman by a majority of the members of the
| 17 | | Board. In the appointment of the first Board the Governor shall | 18 | | appoint 3
members to serve for terms of 1 year, 3 for terms of 2 | 19 | | years, and 3 for
terms of 3 years. The members first appointed | 20 | | under Public Act 83-1538 shall serve for a term of 3 years. All | 21 | | members appointed thereafter
shall be appointed for terms of 3 | 22 | | years, except that when an
appointment is made
to fill a | 23 | | vacancy, the appointment shall be for the remaining
term of the | 24 | | position vacant. The members of the Board shall be citizens of
| 25 | | the State of Illinois. In the appointment of members of the | 26 | | Advisory Board
the Governor shall appoint 3 members who shall |
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| 1 | | be persons licensed to
practice medicine and surgery in the | 2 | | State of Illinois, at least 2 of whom
shall have received | 3 | | post-graduate training in the field of pathology; 3
members who | 4 | | are duly elected coroners in this State; and 5 members who
| 5 | | shall have interest and abilities in the field of forensic | 6 | | medicine but who
shall be neither persons licensed to practice | 7 | | any branch of medicine in
this State nor coroners. In the | 8 | | appointment of medical and coroner members
of the Board, the | 9 | | Governor shall invite nominations from recognized medical
and | 10 | | coroners organizations in this State respectively. Board | 11 | | members, while
serving on business of the Board, shall receive | 12 | | actual necessary travel and
subsistence expenses while so | 13 | | serving away from their places of residence.
| 14 | | (Source: P.A. 97-734, eff. 1-1-13; 97-810, eff. 1-1-13; 98-463, | 15 | | eff. 8-16-13.)
| 16 | | Section 10. The Illinois Health Facilities Planning Act is | 17 | | amended by changing Sections 2, 3, 4, 8.5, 10, 12, 12.2, 12.3, | 18 | | 14.1, and 19.5 as follows:
| 19 | | (20 ILCS 3960/2) (from Ch. 111 1/2, par. 1152)
| 20 | | (Section scheduled to be repealed on December 31, 2019)
| 21 | | Sec. 2. Purpose of the Act. This Act shall establish a | 22 | | procedure (1) which requires a person
establishing, | 23 | | constructing or modifying a health care facility, as
herein | 24 | | defined, to have the qualifications, background, character and
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| 1 | | financial resources to adequately provide a proper service for | 2 | | the
community; (2) that promotes , through the process of | 3 | | comprehensive health planning, the orderly and
economic | 4 | | development of health care facilities in the State of Illinois
| 5 | | that avoids unnecessary duplication of such facilities; and (3) | 6 | | that
promotes planning for and development of health care | 7 | | facilities needed
for comprehensive health care especially in | 8 | | areas where the health
planning process has identified unmet | 9 | | needs ; and (4) that carries out
these purposes in coordination | 10 | | with the Center for Comprehensive Health Planning and the | 11 | | Comprehensive Health Plan developed by that Center .
| 12 | | The changes made to this Act by this amendatory Act of the | 13 | | 96th General Assembly are intended to accomplish the following | 14 | | objectives: to improve the financial ability of the public to | 15 | | obtain necessary health services; to establish an orderly and | 16 | | comprehensive health care delivery system that will guarantee | 17 | | the availability of quality health care to the general public; | 18 | | to maintain and improve the provision of essential health care | 19 | | services and increase the accessibility of those services to | 20 | | the medically underserved and indigent; to assure that the | 21 | | reduction and closure of health care services or facilities is | 22 | | performed in an orderly and timely manner, and that these | 23 | | actions are deemed to be in the best interests of the public; | 24 | | and to assess the financial burden to patients caused by | 25 | | unnecessary health care construction and modification. The | 26 | | Health Facilities and Services Review Board must apply the |
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| 1 | | findings from the Comprehensive Health Plan to update review | 2 | | standards and criteria, as well as better identify needs and | 3 | | evaluate applications, and establish mechanisms to support | 4 | | adequate financing of the health care delivery system in | 5 | | Illinois, for the development and preservation of safety net | 6 | | services. The Board must provide written and consistent | 7 | | decisions that are based on the findings from the Comprehensive | 8 | | Health Plan, as well as other issue or subject specific plans, | 9 | | recommended by the Center for Comprehensive Health Planning. | 10 | | Policies and procedures must include criteria and standards for | 11 | | plan variations and deviations that must be updated. | 12 | | Evidence-based assessments, projections and decisions will be | 13 | | applied regarding capacity, quality, value and equity in the | 14 | | delivery of health care services in Illinois. The integrity of | 15 | | the Certificate of Need process is ensured through revised | 16 | | ethics and communications procedures. Cost containment and | 17 | | support for safety net services must continue to be central | 18 | | tenets of the Certificate of Need process. | 19 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 20 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| 21 | | (Section scheduled to be repealed on December 31, 2019) | 22 | | Sec. 3. Definitions. As used in this Act:
| 23 | | "Health care facilities" means and includes
the following | 24 | | facilities, organizations, and related persons:
| 25 | | (1) An ambulatory surgical treatment center required |
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| 1 | | to be licensed
pursuant to the Ambulatory Surgical | 2 | | Treatment Center Act.
| 3 | | (2) An institution, place, building, or agency | 4 | | required to be licensed
pursuant to the Hospital Licensing | 5 | | Act.
| 6 | | (3) Skilled and intermediate long term care facilities | 7 | | licensed under the
Nursing
Home Care Act. | 8 | | (A) If a demonstration project under the Nursing | 9 | | Home Care Act applies for a certificate of need to | 10 | | convert to a nursing facility, it shall meet the | 11 | | licensure and certificate of need requirements in | 12 | | effect as of the date of application. | 13 | | (B) Except as provided in item (A) of this | 14 | | subsection, this Act does not apply to facilities | 15 | | granted waivers under Section 3-102.2 of the Nursing | 16 | | Home Care Act.
| 17 | | (3.5) Skilled and intermediate care facilities | 18 | | licensed under the ID/DD Community Care Act or the MC/DD | 19 | | Act. No permit or exemption is required for a facility | 20 | | licensed under the ID/DD Community Care Act or the MC/DD | 21 | | Act prior to the reduction of the number of beds at a | 22 | | facility. If there is a total reduction of beds at a | 23 | | facility licensed under the ID/DD Community Care Act or the | 24 | | MC/DD Act, this is a discontinuation or closure of the | 25 | | facility. If a facility licensed under the ID/DD Community | 26 | | Care Act or the MC/DD Act reduces the number of beds or |
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| 1 | | discontinues the facility, that facility must notify the | 2 | | Board as provided in Section 14.1 of this Act. | 3 | | (3.7) Facilities licensed under the Specialized Mental | 4 | | Health Rehabilitation Act of 2013. | 5 | | (4) Hospitals, nursing homes, ambulatory surgical | 6 | | treatment centers, or
kidney disease treatment centers
| 7 | | maintained by the State or any department or agency | 8 | | thereof.
| 9 | | (5) Kidney disease treatment centers, including a | 10 | | free-standing
hemodialysis unit required to be licensed | 11 | | under the End Stage Renal Disease Facility Act.
| 12 | | (A) This Act does not apply to a dialysis facility | 13 | | that provides only dialysis training, support, and | 14 | | related services to individuals with end stage renal | 15 | | disease who have elected to receive home dialysis. | 16 | | (B) This Act does not apply to a dialysis unit | 17 | | located in a licensed nursing home that offers or | 18 | | provides dialysis-related services to residents with | 19 | | end stage renal disease who have elected to receive | 20 | | home dialysis within the nursing home. | 21 | | (C) The Board, however, may require dialysis | 22 | | facilities and licensed nursing homes under items (A) | 23 | | and (B) of this subsection to report statistical | 24 | | information on a quarterly basis to the Board to be | 25 | | used by the Board to conduct analyses on the need for | 26 | | proposed kidney disease treatment centers. |
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| 1 | | (6) An institution, place, building, or room used for | 2 | | the performance of
outpatient surgical procedures that is | 3 | | leased, owned, or operated by or on
behalf of an | 4 | | out-of-state facility.
| 5 | | (7) An institution, place, building, or room used for | 6 | | provision of a health care category of service, including, | 7 | | but not limited to, cardiac catheterization and open heart | 8 | | surgery. | 9 | | (8) An institution, place, building, or room housing | 10 | | major medical equipment used in the direct clinical | 11 | | diagnosis or treatment of patients, and whose project cost | 12 | | is in excess of the capital expenditure minimum. | 13 | | "Health care facilities" does not include the following | 14 | | entities or facility transactions: | 15 | | (1) Federally-owned facilities. | 16 | | (2) Facilities used solely for healing by prayer or | 17 | | spiritual means. | 18 | | (3) An existing facility located on any campus facility | 19 | | as defined in Section 5-5.8b of the Illinois Public Aid | 20 | | Code, provided that the campus facility encompasses 30 or | 21 | | more contiguous acres and that the new or renovated | 22 | | facility is intended for use by a licensed residential | 23 | | facility. | 24 | | (4) Facilities licensed under the Supportive | 25 | | Residences Licensing Act or the Assisted Living and Shared | 26 | | Housing Act. |
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| 1 | | (5) Facilities designated as supportive living | 2 | | facilities that are in good standing with the program | 3 | | established under Section 5-5.01a of the Illinois Public | 4 | | Aid Code. | 5 | | (6) Facilities established and operating under the | 6 | | Alternative Health Care Delivery Act as a children's | 7 | | community-based health care center alternative health care | 8 | | model demonstration program or as an Alzheimer's Disease | 9 | | Management Center alternative health care model | 10 | | demonstration program. | 11 | | (7) The closure of an entity or a portion of an entity | 12 | | licensed under the Nursing Home Care Act, the Specialized | 13 | | Mental Health Rehabilitation Act of 2013, the ID/DD | 14 | | Community Care Act, or the MC/DD Act, with the exception of | 15 | | facilities operated by a county or Illinois Veterans Homes, | 16 | | that elect to convert, in whole or in part, to an assisted | 17 | | living or shared housing establishment licensed under the | 18 | | Assisted Living and Shared Housing Act and with the | 19 | | exception of a facility licensed under the Specialized | 20 | | Mental Health Rehabilitation Act of 2013 in connection with | 21 | | a proposal to close a facility and re-establish the | 22 | | facility in another location. | 23 | | (8) Any change of ownership of a health care facility | 24 | | that is licensed under the Nursing Home Care Act, the | 25 | | Specialized Mental Health Rehabilitation Act of 2013, the | 26 | | ID/DD Community Care Act, or the MC/DD Act, with the |
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| 1 | | exception of facilities operated by a county or Illinois | 2 | | Veterans Homes. Changes of ownership of facilities | 3 | | licensed under the Nursing Home Care Act must meet the | 4 | | requirements set forth in Sections 3-101 through 3-119 of | 5 | | the Nursing Home Care Act.
| 6 | | With the exception of those health care facilities | 7 | | specifically
included in this Section, nothing in this Act | 8 | | shall be intended to
include facilities operated as a part of | 9 | | the practice of a physician or
other licensed health care | 10 | | professional, whether practicing in his
individual capacity or | 11 | | within the legal structure of any partnership,
medical or | 12 | | professional corporation, or unincorporated medical or
| 13 | | professional group. Further, this Act shall not apply to | 14 | | physicians or
other licensed health care professional's | 15 | | practices where such practices
are carried out in a portion of | 16 | | a health care facility under contract
with such health care | 17 | | facility by a physician or by other licensed
health care | 18 | | professionals, whether practicing in his individual capacity
| 19 | | or within the legal structure of any partnership, medical or
| 20 | | professional corporation, or unincorporated medical or | 21 | | professional
groups, unless the entity constructs, modifies, | 22 | | or establishes a health care facility as specifically defined | 23 | | in this Section. This Act shall apply to construction or
| 24 | | modification and to establishment by such health care facility | 25 | | of such
contracted portion which is subject to facility | 26 | | licensing requirements,
irrespective of the party responsible |
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| 1 | | for such action or attendant
financial obligation.
| 2 | | "Person" means any one or more natural persons, legal | 3 | | entities,
governmental bodies other than federal, or any | 4 | | combination thereof.
| 5 | | "Consumer" means any person other than a person (a) whose | 6 | | major
occupation currently involves or whose official capacity | 7 | | within the last
12 months has involved the providing, | 8 | | administering or financing of any
type of health care facility, | 9 | | (b) who is engaged in health research or
the teaching of | 10 | | health, (c) who has a material financial interest in any
| 11 | | activity which involves the providing, administering or | 12 | | financing of any
type of health care facility, or (d) who is or | 13 | | ever has been a member of
the immediate family of the person | 14 | | defined by (a), (b), or (c).
| 15 | | "State Board" or "Board" means the Health Facilities and | 16 | | Services Review Board.
| 17 | | "Construction or modification" means the establishment, | 18 | | erection,
building, alteration, reconstruction, modernization, | 19 | | improvement,
extension, discontinuation, change of ownership, | 20 | | of or by a health care
facility, or the purchase or acquisition | 21 | | by or through a health care facility
of
equipment or service | 22 | | for diagnostic or therapeutic purposes or for
facility | 23 | | administration or operation, or any capital expenditure made by
| 24 | | or on behalf of a health care facility which
exceeds the | 25 | | capital expenditure minimum; however, any capital expenditure
| 26 | | made by or on behalf of a health care facility for (i) the |
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| 1 | | construction or
modification of a facility licensed under the | 2 | | Assisted Living and Shared
Housing Act or (ii) a conversion | 3 | | project undertaken in accordance with Section 30 of the Older | 4 | | Adult Services Act shall be excluded from any obligations under | 5 | | this Act.
| 6 | | "Establish" means the construction of a health care | 7 | | facility or the
replacement of an existing facility on another | 8 | | site or the initiation of a category of service.
| 9 | | "Major medical equipment" means medical equipment which is | 10 | | used for the
provision of medical and other health services and | 11 | | which costs in excess
of the capital expenditure minimum, | 12 | | except that such term does not include
medical equipment | 13 | | acquired
by or on behalf of a clinical laboratory to provide | 14 | | clinical laboratory
services if the clinical laboratory is | 15 | | independent of a physician's office
and a hospital and it has | 16 | | been determined under Title XVIII of the Social
Security Act to | 17 | | meet the requirements of paragraphs (10) and (11) of Section
| 18 | | 1861(s) of such Act. In determining whether medical equipment | 19 | | has a value
in excess of the capital expenditure minimum, the | 20 | | value of studies, surveys,
designs, plans, working drawings, | 21 | | specifications, and other activities
essential to the | 22 | | acquisition of such equipment shall be included.
| 23 | | "Capital Expenditure" means an expenditure: (A) made by or | 24 | | on behalf of
a health care facility (as such a facility is | 25 | | defined in this Act); and
(B) which under generally accepted | 26 | | accounting principles is not properly
chargeable as an expense |
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| 1 | | of operation and maintenance, or is made to obtain
by lease or | 2 | | comparable arrangement any facility or part thereof or any
| 3 | | equipment for a facility or part; and which exceeds the capital | 4 | | expenditure
minimum.
| 5 | | For the purpose of this paragraph, the cost of any studies, | 6 | | surveys, designs,
plans, working drawings, specifications, and | 7 | | other activities essential
to the acquisition, improvement, | 8 | | expansion, or replacement of any plant
or equipment with | 9 | | respect to which an expenditure is made shall be included
in | 10 | | determining if such expenditure exceeds the capital | 11 | | expenditures minimum.
Unless otherwise interdependent, or | 12 | | submitted as one project by the applicant, components of | 13 | | construction or modification undertaken by means of a single | 14 | | construction contract or financed through the issuance of a | 15 | | single debt instrument shall not be grouped together as one | 16 | | project. Donations of equipment
or facilities to a health care | 17 | | facility which if acquired directly by such
facility would be | 18 | | subject to review under this Act shall be considered capital
| 19 | | expenditures, and a transfer of equipment or facilities for | 20 | | less than fair
market value shall be considered a capital | 21 | | expenditure for purposes of this
Act if a transfer of the | 22 | | equipment or facilities at fair market value would
be subject | 23 | | to review.
| 24 | | "Capital expenditure minimum" means $11,500,000 for | 25 | | projects by hospital applicants, $6,500,000 for applicants for | 26 | | projects related to skilled and intermediate care long-term |
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| 1 | | care facilities licensed under the Nursing Home Care Act, and | 2 | | $3,000,000 for projects by all other applicants, which shall be | 3 | | annually
adjusted to reflect the increase in construction costs | 4 | | due to inflation, for major medical equipment and for all other
| 5 | | capital expenditures.
| 6 | | "Non-clinical service area" means an area (i) for the | 7 | | benefit of the
patients, visitors, staff, or employees of a | 8 | | health care facility and (ii) not
directly related to the | 9 | | diagnosis, treatment, or rehabilitation of persons
receiving | 10 | | services from the health care facility. "Non-clinical service | 11 | | areas"
include, but are not limited to, chapels; gift shops; | 12 | | news stands; computer
systems; tunnels, walkways, and | 13 | | elevators; telephone systems; projects to
comply with life | 14 | | safety codes; educational facilities; student housing;
| 15 | | patient, employee, staff, and visitor dining areas; | 16 | | administration and
volunteer offices; modernization of | 17 | | structural components (such as roof
replacement and masonry | 18 | | work); boiler repair or replacement; vehicle
maintenance and | 19 | | storage facilities; parking facilities; mechanical systems for
| 20 | | heating, ventilation, and air conditioning; loading docks; and | 21 | | repair or
replacement of carpeting, tile, wall coverings, | 22 | | window coverings or treatments,
or furniture. Solely for the | 23 | | purpose of this definition, "non-clinical service
area" does | 24 | | not include health and fitness centers.
| 25 | | "Areawide" means a major area of the State delineated on a
| 26 | | geographic, demographic, and functional basis for health |
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| 1 | | planning and
for health service and having within it one or | 2 | | more local areas for
health planning and health service. The | 3 | | term "region", as contrasted
with the term "subregion", and the | 4 | | word "area" may be used synonymously
with the term "areawide".
| 5 | | "Local" means a subarea of a delineated major area that on | 6 | | a
geographic, demographic, and functional basis may be | 7 | | considered to be
part of such major area. The term "subregion" | 8 | | may be used synonymously
with the term "local".
| 9 | | "Physician" means a person licensed to practice in | 10 | | accordance with
the Medical Practice Act of 1987, as amended.
| 11 | | "Licensed health care professional" means a person | 12 | | licensed to
practice a health profession under pertinent | 13 | | licensing statutes of the
State of Illinois.
| 14 | | "Director" means the Director of the Illinois Department of | 15 | | Public Health.
| 16 | | "Agency" or "Department" means the Illinois Department of | 17 | | Public Health.
| 18 | | "Alternative health care model" means a facility or program | 19 | | authorized
under the Alternative Health Care Delivery Act.
| 20 | | "Out-of-state facility" means a person that is both (i) | 21 | | licensed as a
hospital or as an ambulatory surgery center under | 22 | | the laws of another state
or that
qualifies as a hospital or an | 23 | | ambulatory surgery center under regulations
adopted pursuant | 24 | | to the Social Security Act and (ii) not licensed under the
| 25 | | Ambulatory Surgical Treatment Center Act, the Hospital | 26 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of |
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| 1 | | out-of-state facilities shall be
considered out-of-state | 2 | | facilities. Affiliates of Illinois licensed health
care | 3 | | facilities 100% owned by an Illinois licensed health care | 4 | | facility, its
parent, or Illinois physicians licensed to | 5 | | practice medicine in all its
branches shall not be considered | 6 | | out-of-state facilities. Nothing in
this definition shall be
| 7 | | construed to include an office or any part of an office of a | 8 | | physician licensed
to practice medicine in all its branches in | 9 | | Illinois that is not required to be
licensed under the | 10 | | Ambulatory Surgical Treatment Center Act.
| 11 | | "Change of ownership of a health care facility" means a | 12 | | change in the
person
who has ownership or
control of a health | 13 | | care facility's physical plant and capital assets. A change
in | 14 | | ownership is indicated by
the following transactions: sale, | 15 | | transfer, acquisition, lease, change of
sponsorship, or other | 16 | | means of
transferring control.
| 17 | | "Related person" means any person that: (i) is at least 50% | 18 | | owned, directly
or indirectly, by
either the health care | 19 | | facility or a person owning, directly or indirectly, at
least | 20 | | 50% of the health
care facility; or (ii) owns, directly or | 21 | | indirectly, at least 50% of the
health care facility.
| 22 | | "Charity care" means care provided by a health care | 23 | | facility for which the provider does not expect to receive | 24 | | payment from the patient or a third-party payer. | 25 | | "Freestanding emergency center" means a facility subject | 26 | | to licensure under Section 32.5 of the Emergency Medical |
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| 1 | | Services (EMS) Systems Act. | 2 | | "Category of service" means a grouping by generic class of | 3 | | various types or levels of support functions, equipment, care, | 4 | | or treatment provided to patients or residents, including, but | 5 | | not limited to, classes such as medical-surgical, pediatrics, | 6 | | or cardiac catheterization. A category of service may include | 7 | | subcategories or levels of care that identify a particular | 8 | | degree or type of care within the category of service. Nothing | 9 | | in this definition shall be construed to include the practice | 10 | | of a physician or other licensed health care professional while | 11 | | functioning in an office providing for the care, diagnosis, or | 12 | | treatment of patients. A category of service that is subject to | 13 | | the Board's jurisdiction must be designated in rules adopted by | 14 | | the Board. | 15 | | "State Board Staff Report" means the document that sets | 16 | | forth the review and findings of the State Board staff, as | 17 | | prescribed by the State Board, regarding applications subject | 18 | | to Board jurisdiction. | 19 | | (Source: P.A. 98-414, eff. 1-1-14; 98-629, eff. 1-1-15; 98-651, | 20 | | eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. 7-20-15; | 21 | | 99-180, eff. 7-29-15.)
| 22 | | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
| 23 | | (Section scheduled to be repealed on December 31, 2019)
| 24 | | Sec. 4. Health Facilities and Services Review Board; | 25 | | membership; appointment; term;
compensation; quorum. |
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| 1 | | Notwithstanding any other provision in this Section, members of | 2 | | the State Board holding office on the day before the effective | 3 | | date of this amendatory Act of the 96th General Assembly shall | 4 | | retain their authority. | 5 | | (a) There is created the Health
Facilities and Services | 6 | | Review Board, which
shall perform the functions described in | 7 | | this
Act. The Department shall provide operational support to | 8 | | the Board as necessary , including the provision of office | 9 | | space, supplies, and clerical, financial, and accounting | 10 | | services. The Board may contract for functions or operational | 11 | | support as needed. The Board may also contract with experts | 12 | | related to specific health services or facilities and create | 13 | | technical advisory panels to assist in the development of | 14 | | criteria, standards, and procedures used in the evaluation of | 15 | | applications for permit and exemption.
| 16 | | (b) Beginning March 1, 2010, the State Board shall consist | 17 | | of 9 voting members. All members shall be residents of Illinois | 18 | | and at least 4 shall reside outside the Chicago Metropolitan | 19 | | Statistical Area. Consideration shall be given to potential | 20 | | appointees who reflect the ethnic and cultural diversity of the | 21 | | State. Neither Board members nor Board staff shall be convicted | 22 | | felons or have pled guilty to a felony. | 23 | | Each member shall have a reasonable knowledge of the | 24 | | practice, procedures and principles of the health care delivery | 25 | | system in Illinois, including at least 5 members who shall be | 26 | | knowledgeable about health care delivery systems, health |
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| 1 | | systems planning, finance, or the management of health care | 2 | | facilities currently regulated under the Act. One member shall | 3 | | be a representative of a non-profit health care consumer | 4 | | advocacy organization. A spouse, parent, sibling, or child of a | 5 | | Board member cannot be an employee, agent, or under contract | 6 | | with services or facilities subject to the Act. Prior to | 7 | | appointment and in the course of service on the Board, members | 8 | | of the Board shall disclose the employment or other financial | 9 | | interest of any other relative of the member, if known, in | 10 | | service or facilities subject to the Act. Members of the Board | 11 | | shall declare any conflict of interest that may exist with | 12 | | respect to the status of those relatives and recuse themselves | 13 | | from voting on any issue for which a conflict of interest is | 14 | | declared. No person shall be appointed or continue to serve as | 15 | | a member of the State Board who is, or whose spouse, parent, | 16 | | sibling, or child is, a member of the Board of Directors of, | 17 | | has a financial interest in, or has a business relationship | 18 | | with a health care facility. | 19 | | Notwithstanding any provision of this Section to the | 20 | | contrary, the term of
office of each member of the State Board | 21 | | serving on the day before the effective date of this amendatory | 22 | | Act of the 96th General Assembly is abolished on the date upon | 23 | | which members of the 9-member Board, as established by this | 24 | | amendatory Act of the 96th General Assembly, have been | 25 | | appointed and can begin to take action as a Board. Members of | 26 | | the State Board serving on the day before the effective date of |
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| 1 | | this amendatory Act of the 96th General Assembly may be | 2 | | reappointed to the 9-member Board. Prior to March 1, 2010, the | 3 | | Health Facilities Planning Board shall establish a plan to | 4 | | transition its powers and duties to the Health Facilities and | 5 | | Services Review Board.
| 6 | | (c) The State Board shall be appointed by the Governor, | 7 | | with the advice
and consent of the Senate. Not more than 5 of | 8 | | the
appointments shall be of the same political party at the | 9 | | time of the appointment.
| 10 | | The Secretary of Human Services, the Director of Healthcare | 11 | | and Family Services, and
the Director of Public Health, or | 12 | | their designated representatives,
shall serve as ex-officio, | 13 | | non-voting members of the State Board.
| 14 | | (d) Of those 9 members initially appointed by the Governor | 15 | | following the effective date of this
amendatory Act of the 96th | 16 | | General Assembly, 3 shall serve for terms expiring
July 1, | 17 | | 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | 18 | | shall serve
for terms expiring July 1, 2013. Thereafter, each
| 19 | | appointed member shall
hold office for a term of 3 years, | 20 | | provided that any member
appointed to fill a vacancy
occurring | 21 | | prior to the expiration of the
term for which his or her | 22 | | predecessor was appointed shall be appointed for the
remainder | 23 | | of such term and the term of office of each successor shall
| 24 | | commence on July 1 of the year in which his predecessor's term | 25 | | expires. Each
member appointed after the effective date of this | 26 | | amendatory Act of the 96th General Assembly shall hold office |
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| 1 | | until his or her successor is appointed and qualified. The | 2 | | Governor may reappoint a member for additional terms, but no | 3 | | member shall serve more than 3 terms, subject to review and | 4 | | re-approval every 3 years.
| 5 | | (e) State Board members, while serving on business of the | 6 | | State Board,
shall receive actual and necessary travel and | 7 | | subsistence expenses while
so serving away from their places
of | 8 | | residence. Until March 1, 2010, a
member of the State Board who | 9 | | experiences a significant financial hardship
due to the loss of | 10 | | income on days of attendance at meetings or while otherwise
| 11 | | engaged in the business of the State Board may be paid a | 12 | | hardship allowance, as
determined by and subject to the | 13 | | approval of the Governor's Travel Control
Board.
| 14 | | (f) The Governor shall designate one of the members to | 15 | | serve as the Chairman of the Board, who shall be a person with | 16 | | expertise in health care delivery system planning, finance or | 17 | | management of health care facilities that are regulated under | 18 | | the Act. The Chairman shall annually review Board member | 19 | | performance and shall report the attendance record of each | 20 | | Board member to the General Assembly. | 21 | | (g) The State Board, through the Chairman, shall prepare a | 22 | | separate and distinct budget approved by the General Assembly | 23 | | and shall hire and supervise its own professional staff | 24 | | responsible for carrying out the responsibilities of the Board.
| 25 | | (h) The State Board shall meet at least every 45 days, or | 26 | | as often as
the Chairman of the State Board deems necessary, or |
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| 1 | | upon the request of
a majority of the members.
| 2 | | (i)
Five members of the State Board shall constitute a | 3 | | quorum.
The affirmative vote of 5 of the members of the State | 4 | | Board shall be
necessary for
any action requiring a vote to be | 5 | | taken by the State
Board. A vacancy in the membership of the | 6 | | State Board shall not impair the
right of a quorum to exercise | 7 | | all the rights and perform all the duties of the
State Board as | 8 | | provided by this Act.
| 9 | | (j) A State Board member shall disqualify himself or | 10 | | herself from the
consideration of any application for a permit | 11 | | or
exemption in which the State Board member or the State Board | 12 | | member's spouse,
parent, sibling, or child: (i) has
an economic | 13 | | interest in the matter; or (ii) is employed by, serves as a
| 14 | | consultant for, or is a member of the
governing board of the | 15 | | applicant or a party opposing the application.
| 16 | | (k) The Chairman, Board members, and Board staff must | 17 | | comply with the Illinois Governmental Ethics Act. | 18 | | (Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)
| 19 | | (20 ILCS 3960/8.5) | 20 | | (Section scheduled to be repealed on December 31, 2019) | 21 | | Sec. 8.5. Certificate of exemption for change of ownership | 22 | | of a health care facility; discontinuation of a health care | 23 | | facility or category of service; public notice and public | 24 | | hearing. | 25 | | (a) Upon a finding that an application for a change of |
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| 1 | | ownership is complete, the State Board shall publish a legal | 2 | | notice on one day in a newspaper of general circulation in the | 3 | | area or community to be affected and afford the public an | 4 | | opportunity to request a hearing. If the application is for a | 5 | | facility located in a Metropolitan Statistical Area, an | 6 | | additional legal notice shall be published in a newspaper of | 7 | | limited circulation, if one exists, in the area in which the | 8 | | facility is located. If the newspaper of limited circulation is | 9 | | published on a daily basis, the additional legal notice shall | 10 | | be published on one day. The applicant shall pay the cost | 11 | | incurred by the Board in publishing the change of ownership | 12 | | notice in newspapers as required under this subsection. The | 13 | | legal notice shall also be posted on the Health Facilities and | 14 | | Services Review Board's web site and sent to the State | 15 | | Representative and State Senator of the district in which the | 16 | | health care facility is located. An application for change of | 17 | | ownership of a hospital shall not be deemed complete without a | 18 | | signed certification that for a period of 2 years after the | 19 | | change of ownership transaction is effective, the hospital will | 20 | | not adopt a charity care policy that is
more restrictive than | 21 | | the policy in effect during the year prior to the transaction. | 22 | | An application for a change of ownership need not contain | 23 | | signed transaction documents so long as it includes the | 24 | | following key terms of the transaction: names and background of | 25 | | the parties; structure of the transaction; the person who will | 26 | | be the licensed or certified entity after the transaction; the |
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| 1 | | ownership or membership interests in such licensed or certified | 2 | | entity both prior to and after the transaction; fair market | 3 | | value of assets to be transferred; and the purchase price or | 4 | | other form of consideration to be provided for those assets. | 5 | | The issuance of the certificate of exemption shall be | 6 | | contingent upon the applicant submitting a statement to the | 7 | | Board within 90 days after the closing date of the transaction, | 8 | | or such longer period as provided by the Board, certifying that | 9 | | the change of ownership has been completed in accordance with | 10 | | the key terms contained in the application. If such key terms | 11 | | of the transaction change, a new application shall be required. | 12 | | Where a change of ownership is among related persons, and | 13 | | there are no other changes being proposed at the health care | 14 | | facility that would otherwise require a permit or exemption | 15 | | under this Act, the applicant shall submit an application | 16 | | consisting of a standard notice in a form set forth by the | 17 | | Board briefly explaining the reasons for the proposed change of | 18 | | ownership. Once such an application is submitted to the Board | 19 | | and reviewed by the Board staff, the Board Chair shall take | 20 | | action on an application for an exemption for a change of | 21 | | ownership among related persons within 45 days after the | 22 | | application has been deemed complete, provided the application | 23 | | meets the applicable standards under this Section. If the Board | 24 | | Chair has a conflict of interest or for other good cause, the | 25 | | Chair may request review by the Board. Notwithstanding any | 26 | | other provision of this Act, for purposes of this Section, a |
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| 1 | | change of ownership among related persons means a transaction | 2 | | where the parties to the transaction are under common control | 3 | | or ownership before and after the transaction is completed. | 4 | | Nothing in this Act shall be construed as authorizing the | 5 | | Board to impose any conditions, obligations, or limitations, | 6 | | other than those required by this Section, with respect to the | 7 | | issuance of an exemption for a change of ownership, including, | 8 | | but not limited to, the time period before which a subsequent | 9 | | change of ownership of the health care facility could be | 10 | | sought, or the commitment to continue to offer for a specified | 11 | | time period any services currently offered by the health care | 12 | | facility. | 13 | | (a-3) Upon a finding that an application to close a health | 14 | | care facility is complete, the State Board shall publish a | 15 | | legal notice on 3 consecutive days in a newspaper of general | 16 | | circulation in the area or community to be affected and afford | 17 | | the public an opportunity to request a hearing. If the | 18 | | application is for a facility located in a Metropolitan | 19 | | Statistical Area, an additional legal notice shall be published | 20 | | in a newspaper of limited circulation, if one exists, in the | 21 | | area in which the facility is located. If the newspaper of | 22 | | limited circulation is published on a daily basis, the | 23 | | additional legal notice shall be published on 3 consecutive | 24 | | days. The legal notice shall also be posted on the Health | 25 | | Facilities and Services Review Board's web site and sent to the | 26 | | State Representative and State Senator of the district in which |
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| 1 | | the health care facility is located. No later than 90 days | 2 | | after a discontinuation of a health facility, the applicant | 3 | | must submit a statement to the State Board certifying that the | 4 | | discontinuation is complete. | 5 | | (a-5) Upon a finding that an application to discontinue a | 6 | | category of service is complete and provides the requested | 7 | | information, as specified by the State Board, an exemption | 8 | | shall be issued. No later than 30 days after the issuance of | 9 | | the exemption, the health care facility must give written | 10 | | notice of the discontinuation of the category of service to the | 11 | | State Senator and State Representative serving the legislative | 12 | | district in which the health care facility is located. No later | 13 | | than 90 days after a discontinuation of a category of service, | 14 | | the applicant must submit a statement to the State Board | 15 | | certifying that the discontinuation is complete. | 16 | | (b) If a public hearing is requested, it shall be held at | 17 | | least 15 days but no more than 30 days after the date of | 18 | | publication of the legal notice in the community in which the | 19 | | facility is located. The hearing shall be held in a place of | 20 | | reasonable size and accessibility and a full and complete | 21 | | written transcript of the proceedings shall be made. All | 22 | | interested persons attending the hearing shall be given a | 23 | | reasonable opportunity to present their positions in writing or | 24 | | orally. The applicant shall provide a summary of the proposal | 25 | | for distribution at the public hearing.
| 26 | | (c) For the purposes of this Section "newspaper of limited |
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| 1 | | circulation" means a newspaper intended to serve a particular | 2 | | or defined population of a specific geographic area within a | 3 | | Metropolitan Statistical Area such as a municipality, town, | 4 | | village, township, or community area, but does not include | 5 | | publications of professional and trade associations. | 6 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15.)
| 7 | | (20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
| 8 | | (Section scheduled to be repealed on December 31, 2019)
| 9 | | Sec. 10. Presenting information relevant to the approval of | 10 | | a permit or
certificate or in opposition to the denial of the | 11 | | application; notice of
outcome and review proceedings. When a | 12 | | motion by the State Board, to approve
an application for
a | 13 | | permit or a certificate of recognition , fails to pass,
or when | 14 | | a motion to deny an application for a permit
or
a certificate | 15 | | of recognition is passed, the applicant or the holder
of the
| 16 | | permit, as the case may be, and such other parties as the State | 17 | | Board permits,
will be given an opportunity to appear before | 18 | | the State Board and present
such information as may be relevant | 19 | | to the approval of a permit or certificate
or in opposition to | 20 | | the denial of the application.
| 21 | | Subsequent to an appearance by the applicant before the | 22 | | State Board or
default of such opportunity to appear, a motion | 23 | | by the State Board to approve
an application for a permit or a | 24 | | certificate of recognition which fails to pass
or a motion to | 25 | | deny an application for a permit or a certificate of |
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| 1 | | recognition
which passes shall be considered denial of the | 2 | | application for a permit or
certificate of recognition , as the | 3 | | case may be. Such action of denial or an
action by the State | 4 | | Board to revoke a permit or a certificate of recognition
shall | 5 | | be communicated to the applicant or holder of the permit or | 6 | | certificate
of recognition . Such person or organization shall | 7 | | be afforded an opportunity
for a hearing before an | 8 | | administrative law judge, who is appointed by the Chairman of | 9 | | the State Board. A written notice of a request for such hearing | 10 | | shall be
served upon the Chairman of the State Board within 30 | 11 | | days following
notification of the decision of the State Board. | 12 | | The administrative law judge shall take actions
necessary to | 13 | | ensure that the hearing is completed within a
reasonable period | 14 | | of time, but not to exceed 120 days, except for delays or
| 15 | | continuances agreed to by the
person requesting the hearing.
| 16 | | Following its consideration
of the report of the hearing, or | 17 | | upon default of the party to the hearing,
the State Board shall | 18 | | make its final determination, specifying its findings and
| 19 | | conclusions
within 90 days of receiving the written report of | 20 | | the hearing.
A copy of such determination shall be sent by | 21 | | certified
mail or served personally upon the party.
| 22 | | A full and complete record shall be kept of all | 23 | | proceedings,
including the notice of hearing, complaint, and | 24 | | all other documents in
the nature of pleadings, written motions | 25 | | filed in the proceedings, and
the report and orders of the | 26 | | State Board or hearing officer. All
testimony shall be reported |
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| 1 | | but need not be transcribed unless the
decision is appealed in | 2 | | accordance with the Administrative Review Law,
as now or | 3 | | hereafter amended. A copy or copies of the transcript may be
| 4 | | obtained by any interested party on payment of the cost of | 5 | | preparing
such copy or copies.
| 6 | | The State Board or hearing officer shall upon its own or | 7 | | his motion,
or on the written request of any party to the | 8 | | proceeding who has, in the
State Board's or hearing officer's | 9 | | opinion, demonstrated the relevancy
of such request to the | 10 | | outcome of the proceedings, issue subpoenas
requiring the | 11 | | attendance and the giving of testimony by witnesses, and
| 12 | | subpoenas duces tecum requiring the production of books, | 13 | | papers,
records, or memoranda. The fees of witnesses for | 14 | | attendance and travel
shall be the same as the fees of | 15 | | witnesses before the circuit court of
this State.
| 16 | | When the witness is subpoenaed at the instance of the State | 17 | | Board, or
its hearing officer, such fees shall be paid in the | 18 | | same manner as other
expenses of the Board, and when the | 19 | | witness is subpoenaed at the
instance of any other party to any | 20 | | such proceeding the State Board may,
in accordance with its | 21 | | rules, require that the cost of
service of the subpoena or | 22 | | subpoena duces tecum and the fee of the
witness be borne by the | 23 | | party at whose instance the witness is summoned.
In such case, | 24 | | the State Board in its discretion, may require a deposit
to | 25 | | cover the cost of such service and witness fees. A subpoena or
| 26 | | subpoena duces tecum so issued shall be served in the same |
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| 1 | | manner as a
subpoena issued out of a court.
| 2 | | Any circuit court of this State upon the application of the | 3 | | State
Board or upon the application of any other party to the | 4 | | proceeding, may,
in its discretion, compel the attendance of | 5 | | witnesses, the production of
books, papers, records, or | 6 | | memoranda and the giving of testimony before
it or its hearing | 7 | | officer conducting an investigation or holding a
hearing | 8 | | authorized by this Act, by an attachment for contempt, or
| 9 | | otherwise, in the same manner as production of evidence may be | 10 | | compelled
before the court.
| 11 | | (Source: P.A. 97-1115, eff. 8-27-12; 98-1086, eff. 8-26-14.)
| 12 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 13 | | (Section scheduled to be repealed on December 31, 2019) | 14 | | Sec. 12. Powers and duties of State Board. For purposes of | 15 | | this Act,
the State Board
shall
exercise the following powers | 16 | | and duties:
| 17 | | (1) Prescribe rules,
regulations, standards, criteria, | 18 | | procedures or reviews which may vary
according to the purpose | 19 | | for which a particular review is being conducted
or the type of | 20 | | project reviewed and which are required to carry out the
| 21 | | provisions and purposes of this Act. Policies and procedures of | 22 | | the State Board shall take into consideration the priorities | 23 | | and needs of medically underserved areas and other health care | 24 | | services identified through the comprehensive health planning | 25 | | process , giving special consideration to the impact of projects |
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| 1 | | on access to safety net services.
| 2 | | (2) Adopt procedures for public
notice and hearing on all | 3 | | proposed rules, regulations, standards,
criteria, and plans | 4 | | required to carry out the provisions of this Act.
| 5 | | (3) (Blank).
| 6 | | (4) Develop criteria and standards for health care | 7 | | facilities planning,
conduct statewide inventories of health | 8 | | care facilities, maintain an updated
inventory on the Board's | 9 | | web site reflecting the
most recent bed and service
changes and | 10 | | updated need determinations when new census data become | 11 | | available
or new need formulae
are adopted,
and
develop health | 12 | | care facility plans which shall be utilized in the review of
| 13 | | applications for permit under
this Act. Such health facility | 14 | | plans shall be coordinated by the Board
with pertinent State | 15 | | Plans. Inventories pursuant to this Section of skilled or | 16 | | intermediate care facilities licensed under the Nursing Home | 17 | | Care Act, skilled or intermediate care facilities licensed | 18 | | under the ID/DD Community Care Act, skilled or intermediate | 19 | | care facilities licensed under the MC/DD Act, facilities | 20 | | licensed under the Specialized Mental Health Rehabilitation | 21 | | Act of 2013, or nursing homes licensed under the Hospital | 22 | | Licensing Act shall be conducted on an annual basis no later | 23 | | than July 1 of each year and shall include among the | 24 | | information requested a list of all services provided by a | 25 | | facility to its residents and to the community at large and | 26 | | differentiate between active and inactive beds.
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| 1 | | In developing health care facility plans, the State Board | 2 | | shall consider,
but shall not be limited to, the following:
| 3 | | (a) The size, composition and growth of the population | 4 | | of the area
to be served;
| 5 | | (b) The number of existing and planned facilities | 6 | | offering similar
programs;
| 7 | | (c) The extent of utilization of existing facilities;
| 8 | | (d) The availability of facilities which may serve as | 9 | | alternatives
or substitutes;
| 10 | | (e) The availability of personnel necessary to the | 11 | | operation of the
facility;
| 12 | | (f) Multi-institutional planning and the establishment | 13 | | of
multi-institutional systems where feasible;
| 14 | | (g) The financial and economic feasibility of proposed | 15 | | construction
or modification; and
| 16 | | (h) In the case of health care facilities established | 17 | | by a religious
body or denomination, the needs of the | 18 | | members of such religious body or
denomination may be | 19 | | considered to be public need.
| 20 | | The health care facility plans which are developed and | 21 | | adopted in
accordance with this Section shall form the basis | 22 | | for the plan of the State
to deal most effectively with | 23 | | statewide health needs in regard to health
care facilities.
| 24 | | (5) Coordinate with the Center for Comprehensive Health | 25 | | Planning and other state agencies having responsibilities
| 26 | | affecting health care facilities, including those of licensure |
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| 1 | | and cost
reporting. Beginning no later than January 1, 2013, | 2 | | the Department of Public Health shall produce a written annual | 3 | | report to the Governor and the General Assembly regarding the | 4 | | development of the Center for Comprehensive Health Planning. | 5 | | The Chairman of the State Board and the State Board | 6 | | Administrator shall also receive a copy of the annual report.
| 7 | | (6) Solicit, accept, hold and administer on behalf of the | 8 | | State
any grants or bequests of money, securities or property | 9 | | for
use by the State Board or Center for Comprehensive Health | 10 | | Planning in the administration of this Act; and enter into | 11 | | contracts
consistent with the appropriations for purposes | 12 | | enumerated in this Act.
| 13 | | (7) The State Board shall prescribe procedures for review, | 14 | | standards,
and criteria which shall be utilized
to make | 15 | | periodic reviews and determinations of the appropriateness
of | 16 | | any existing health services being rendered by health care | 17 | | facilities
subject to the Act. The State Board shall consider | 18 | | recommendations of the
Board in making its
determinations.
| 19 | | (8) Prescribe , in consultation
with the Center for | 20 | | Comprehensive Health Planning, rules, regulations,
standards, | 21 | | and criteria for the conduct of an expeditious review of
| 22 | | applications
for permits for projects of construction or | 23 | | modification of a health care
facility, which projects are | 24 | | classified as emergency, substantive, or non-substantive in | 25 | | nature. | 26 | | Six months after June 30, 2009 (the effective date of |
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| 1 | | Public Act 96-31), substantive projects shall include no more | 2 | | than the following: | 3 | | (a) Projects to construct (1) a new or replacement | 4 | | facility located on a new site or
(2) a replacement | 5 | | facility located on the same site as the original facility | 6 | | and the cost of the replacement facility exceeds the | 7 | | capital expenditure minimum, which shall be reviewed by the | 8 | | Board within 120 days; | 9 | | (b) Projects proposing a
(1) new service within an | 10 | | existing healthcare facility or
(2) discontinuation of a | 11 | | service within an existing healthcare facility, which | 12 | | shall be reviewed by the Board within 60 days; or | 13 | | (c) Projects proposing a change in the bed capacity of | 14 | | a health care facility by an increase in the total number | 15 | | of beds or by a redistribution of beds among various | 16 | | categories of service or by a relocation of beds from one | 17 | | physical facility or site to another by more than 20 beds | 18 | | or more than 10% of total bed capacity, as defined by the | 19 | | State Board, whichever is less, over a 2-year period. | 20 | | The Chairman may approve applications for exemption that | 21 | | meet the criteria set forth in rules or refer them to the full | 22 | | Board. The Chairman may approve any unopposed application that | 23 | | meets all of the review criteria or refer them to the full | 24 | | Board. | 25 | | Such rules shall
not abridge the right of the Center for | 26 | | Comprehensive Health Planning to make
recommendations on the |
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| 1 | | classification and approval of projects, nor shall
such rules | 2 | | prevent the conduct of a public hearing upon the timely request
| 3 | | of an interested party. Such reviews shall not exceed 60 days | 4 | | from the
date the application is declared to be complete.
| 5 | | (9) Prescribe rules, regulations,
standards, and criteria | 6 | | pertaining to the granting of permits for
construction
and | 7 | | modifications which are emergent in nature and must be | 8 | | undertaken
immediately to prevent or correct structural | 9 | | deficiencies or hazardous
conditions that may harm or injure | 10 | | persons using the facility, as defined
in the rules and | 11 | | regulations of the State Board. This procedure is exempt
from | 12 | | public hearing requirements of this Act.
| 13 | | (10) Prescribe rules,
regulations, standards and criteria | 14 | | for the conduct of an expeditious
review, not exceeding 60 | 15 | | days, of applications for permits for projects to
construct or | 16 | | modify health care facilities which are needed for the care
and | 17 | | treatment of persons who have acquired immunodeficiency | 18 | | syndrome (AIDS)
or related conditions.
| 19 | | (10.5) Provide its rationale when voting on an item before | 20 | | it at a State Board meeting in order to comply with subsection | 21 | | (b) of Section 3-108 of the Code of Civil Procedure. | 22 | | (11) Issue written decisions upon request of the applicant | 23 | | or an adversely affected party to the Board. Requests for a | 24 | | written decision shall be made within 15 days after the Board | 25 | | meeting in which a final decision has been made. A "final | 26 | | decision" for purposes of this Act is the decision to approve |
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| 1 | | or deny an application, or take other actions permitted under | 2 | | this Act, at the time and date of the meeting that such action | 3 | | is scheduled by the Board. The transcript of the State Board | 4 | | meeting shall be incorporated into the Board's final decision. | 5 | | The staff of the Board shall prepare a written copy of the | 6 | | final decision and the Board shall approve a final copy for | 7 | | inclusion in the formal record. The Board shall consider, for | 8 | | approval, the written draft of the final decision no later than | 9 | | the next scheduled Board meeting. The written decision shall | 10 | | identify the applicable criteria and factors listed in this Act | 11 | | and the Board's regulations that were taken into consideration | 12 | | by the Board when coming to a final decision. If the Board | 13 | | denies or fails to approve an application for permit or | 14 | | exemption, the Board shall include in the final decision a | 15 | | detailed explanation as to why the application was denied and | 16 | | identify what specific criteria or standards the applicant did | 17 | | not fulfill. | 18 | | (12) Require at least one of its members to participate in | 19 | | any public hearing, after the appointment of a majority of the | 20 | | members to the Board. | 21 | | (13) Provide a mechanism for the public to comment on, and | 22 | | request changes to, draft rules and standards. | 23 | | (14) Implement public information campaigns to regularly | 24 | | inform the general public about the opportunity for public | 25 | | hearings and public hearing procedures. | 26 | | (15) Establish a separate set of rules and guidelines for |
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| 1 | | long-term care that recognizes that nursing homes are a | 2 | | different business line and service model from other regulated | 3 | | facilities. An open and transparent process shall be developed | 4 | | that considers the following: how skilled nursing fits in the | 5 | | continuum of care with other care providers, modernization of | 6 | | nursing homes, establishment of more private rooms, | 7 | | development of alternative services, and current trends in | 8 | | long-term care services.
The Chairman of the Board shall | 9 | | appoint a permanent Health Services Review Board Long-term Care | 10 | | Facility Advisory Subcommittee that shall develop and | 11 | | recommend to the Board the rules to be established by the Board | 12 | | under this paragraph (15). The Subcommittee shall also provide | 13 | | continuous review and commentary on policies and procedures | 14 | | relative to long-term care and the review of related projects. | 15 | | The Subcommittee shall make recommendations to the Board no | 16 | | later than January 1, 2016 and every January thereafter | 17 | | pursuant to the Subcommittee's responsibility for the | 18 | | continuous review and commentary on policies and procedures | 19 | | relative to long-term care. In consultation with other experts | 20 | | from the health field of long-term care, the Board and the | 21 | | Subcommittee shall study new approaches to the current bed need | 22 | | formula and Health Service Area boundaries to encourage | 23 | | flexibility and innovation in design models reflective of the | 24 | | changing long-term care marketplace and consumer preferences | 25 | | and submit its recommendations to the Chairman of the Board no | 26 | | later than January 1, 2017. The Subcommittee shall evaluate, |
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| 1 | | and make recommendations to the State Board regarding, the | 2 | | buying, selling, and exchange of beds between long-term care | 3 | | facilities within a specified geographic area or drive time. | 4 | | The Board shall file the proposed related administrative rules | 5 | | for the separate rules and guidelines for long-term care | 6 | | required by this paragraph (15) by no later than September 30, | 7 | | 2011. The Subcommittee shall be provided a reasonable and | 8 | | timely opportunity to review and comment on any review, | 9 | | revision, or updating of the criteria, standards, procedures, | 10 | | and rules used to evaluate project applications as provided | 11 | | under Section 12.3 of this Act. | 12 | | The Chairman of the Board shall appoint voting members of | 13 | | the Subcommittee, who shall serve for a period of 3 years, with | 14 | | one-third of the terms expiring each January, to be determined | 15 | | by lot. Appointees shall include, but not be limited to, | 16 | | recommendations from each of the 3 statewide long-term care | 17 | | associations, with an equal number to be appointed from each. | 18 | | Compliance with this provision shall be through the appointment | 19 | | and reappointment process. All appointees serving as of April | 20 | | 1, 2015 shall serve to the end of their term as determined by | 21 | | lot or until the appointee voluntarily resigns, whichever is | 22 | | earlier. | 23 | | One representative from the Department of Public Health, | 24 | | the Department of Healthcare and Family Services, the | 25 | | Department on Aging, and the Department of Human Services may | 26 | | each serve as an ex-officio non-voting member of the |
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| 1 | | Subcommittee. The Chairman of the Board shall select a | 2 | | Subcommittee Chair, who shall serve for a period of 3 years. | 3 | | (16) Prescribe the format of the State Board Staff Report. | 4 | | A State Board Staff Report shall pertain to applications that | 5 | | include, but are not limited to, applications for permit or | 6 | | exemption, applications for permit renewal, applications for | 7 | | extension of the obligation period, applications requesting a | 8 | | declaratory ruling, or applications under the Health Care | 9 | | Worker Self-Referral Act. State Board Staff Reports shall | 10 | | compare applications to the relevant review criteria under the | 11 | | Board's rules. | 12 | | (17) Establish a separate set of rules and guidelines for | 13 | | facilities licensed under the Specialized Mental Health | 14 | | Rehabilitation Act of 2013. An application for the | 15 | | re-establishment of a facility in connection with the | 16 | | relocation of the facility shall not be granted unless the | 17 | | applicant has a contractual relationship with at least one | 18 | | hospital to provide emergency and inpatient mental health | 19 | | services required by facility consumers, and at least one | 20 | | community mental health agency to provide oversight and | 21 | | assistance to facility consumers while living in the facility, | 22 | | and appropriate services, including case management, to assist | 23 | | them to prepare for discharge and reside stably in the | 24 | | community thereafter. No new facilities licensed under the | 25 | | Specialized Mental Health Rehabilitation Act of 2013 shall be | 26 | | established after June 16, 2014 (the effective date of Public |
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| 1 | | Act 98-651) except in connection with the relocation of an | 2 | | existing facility to a new location. An application for a new | 3 | | location shall not be approved unless there are adequate | 4 | | community services accessible to the consumers within a | 5 | | reasonable distance, or by use of public transportation, so as | 6 | | to facilitate the goal of achieving maximum individual | 7 | | self-care and independence. At no time shall the total number | 8 | | of authorized beds under this Act in facilities licensed under | 9 | | the Specialized Mental Health Rehabilitation Act of 2013 exceed | 10 | | the number of authorized beds on June 16, 2014 (the effective | 11 | | date of Public Act 98-651). | 12 | | (Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; | 13 | | 98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. | 14 | | 7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277, | 15 | | eff. 8-5-15; revised 10-15-15.)
| 16 | | (20 ILCS 3960/12.2)
| 17 | | (Section scheduled to be repealed on December 31, 2019)
| 18 | | Sec. 12.2. Powers of the State Board staff. For purposes of | 19 | | this Act,
the staff shall exercise the following powers and | 20 | | duties:
| 21 | | (1) Review applications for permits and exemptions in | 22 | | accordance with the
standards, criteria, and plans of need | 23 | | established by the State Board under
this Act and certify its | 24 | | finding to the State Board.
| 25 | | (1.5) Post the following on the Board's web site: relevant |
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| 1 | | (i)
rules,
(ii)
standards, (iii)
criteria, (iv) State norms, | 2 | | (v) references used by Board staff in making
determinations | 3 | | about whether application criteria are met, and (vi) notices of
| 4 | | project-related filings, including notice of public comments | 5 | | related to the
application.
| 6 | | (2) Charge and collect an amount determined by the State | 7 | | Board and the staff to be
reasonable fees for the processing of | 8 | | applications by the State Board.
The State Board shall set the | 9 | | amounts by rule. Application fees for continuing care | 10 | | retirement communities, and other health care models that | 11 | | include regulated and unregulated components, shall apply only | 12 | | to those components subject to regulation under this Act. All | 13 | | fees and fines
collected under the provisions of this Act shall | 14 | | be deposited
into the Illinois Health Facilities Planning Fund | 15 | | to be used for the
expenses of administering this Act.
| 16 | | (2.1) Publish the following reports on the State Board | 17 | | website: | 18 | | (A) An annual accounting, aggregated by category and | 19 | | with names of parties redacted, of fees, fines, and other | 20 | | revenue collected as well as expenses incurred, in the | 21 | | administration of this Act. | 22 | | (B) An annual report, with names of the parties | 23 | | redacted, that summarizes all settlement agreements | 24 | | entered into with the State Board that resolve an alleged | 25 | | instance of noncompliance with State Board requirements | 26 | | under this Act. |
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| 1 | | (C) A monthly report that includes the status of | 2 | | applications and recommendations regarding updates to the | 3 | | standard, criteria, or the health plan as appropriate. | 4 | | (D) Board reports showing the degree to which an | 5 | | application conforms to the review standards, a summation | 6 | | of relevant public testimony, and any additional | 7 | | information that staff wants to communicate. | 8 | | (3) Coordinate with other State agencies having | 9 | | responsibilities
affecting
health care facilities, including | 10 | | the Center for Comprehensive Health Planning and those of | 11 | | licensure and cost reporting agencies .
| 12 | | (Source: P.A. 98-1086, eff. 8-26-14.)
| 13 | | (20 ILCS 3960/12.3)
| 14 | | (Section scheduled to be repealed on December 31, 2019)
| 15 | | Sec. 12.3. Revision of criteria, standards, and rules. At | 16 | | least every 2 years, the State Board shall review, revise, and
| 17 | | update the
criteria, standards, and rules used to evaluate | 18 | | applications for permit. To the
extent practicable,
the | 19 | | criteria, standards, and rules shall be based on objective | 20 | | criteria using the inventory and recommendations of the | 21 | | Comprehensive Health Plan for guidance. The Board may appoint | 22 | | temporary advisory committees made up of experts with | 23 | | professional competence in the subject matter of the proposed | 24 | | standards or criteria to assist in the development of revisions | 25 | | to standards and criteria. In
particular, the review of
the |
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| 1 | | criteria, standards, and rules shall consider:
| 2 | | (1) Whether the criteria and standards reflect current | 3 | | industry standards
and
anticipated trends.
| 4 | | (2) Whether the criteria and standards can be reduced | 5 | | or eliminated.
| 6 | | (3) Whether criteria and standards can be developed to | 7 | | authorize the
construction
of unfinished space for future | 8 | | use when the ultimate need for such space can be
reasonably
| 9 | | projected.
| 10 | | (4) Whether the criteria and standards take into | 11 | | account issues related to
population growth and changing | 12 | | demographics in a community.
| 13 | | (5) Whether facility-defined service and planning | 14 | | areas should be
recognized.
| 15 | | (6) Whether categories of service that are subject to | 16 | | review should be re-evaluated, including provisions | 17 | | related to structural, functional, and operational | 18 | | differences between long-term care facilities and acute | 19 | | care facilities and that allow routine changes of | 20 | | ownership, facility sales, and closure requests to be | 21 | | processed on a more timely basis. | 22 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 23 | | (20 ILCS 3960/14.1)
| 24 | | Sec. 14.1. Denial of permit; other sanctions. | 25 | | (a) The State Board may deny an application for a permit or |
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| 1 | | may revoke or
take other action as permitted by this Act with | 2 | | regard to a permit as the State
Board deems appropriate, | 3 | | including the imposition of fines as set forth in this
Section, | 4 | | for any one or a combination of the following: | 5 | | (1) The acquisition of major medical equipment without | 6 | | a permit or in
violation of the terms of a permit. | 7 | | (2) The establishment, construction, modification, or | 8 | | change of ownership of a health care
facility without a | 9 | | permit or exemption or in violation of the terms of a | 10 | | permit. | 11 | | (3) The violation of any provision of this Act or any | 12 | | rule adopted
under this Act. | 13 | | (4) The failure, by any person subject to this Act, to | 14 | | provide information
requested by the State Board or Agency | 15 | | within 30 days after a formal written
request for the | 16 | | information. | 17 | | (5) The failure to pay any fine imposed under this | 18 | | Section within 30 days
of its imposition. | 19 | | (a-5) For facilities licensed under the ID/DD Community | 20 | | Care Act, no permit shall be denied on the basis of prior | 21 | | operator history, other than for actions specified under item | 22 | | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | 23 | | Act. For facilities licensed under the MC/DD Act, no permit | 24 | | shall be denied on the basis of prior operator history, other | 25 | | than for actions specified under item (2), (4), or (5) of | 26 | | Section 3-117 of the MC/DD Act. For facilities licensed under |
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| 1 | | the Specialized Mental Health Rehabilitation Act of 2013, no | 2 | | permit shall be denied on the basis of prior operator history, | 3 | | other than for actions specified under subsections (a) and (b) | 4 | | item (2), (4), or (5) of Section 4-109 3-117 of the Specialized | 5 | | Mental Health Rehabilitation Act of 2013. For facilities | 6 | | licensed under the Nursing Home Care Act, no permit shall be | 7 | | denied on the basis of prior operator history, other than for: | 8 | | (i) actions specified under item (2), (3), (4), (5), or (6) of | 9 | | Section 3-117 of the Nursing Home Care Act; (ii) actions | 10 | | specified under item (a)(6) of Section 3-119 of the Nursing | 11 | | Home Care Act; or (iii) actions within the preceding 5 years | 12 | | constituting a substantial and repeated failure to comply with | 13 | | the Nursing Home Care Act or the rules and regulations adopted | 14 | | by the Department under that Act. The State Board shall not | 15 | | deny a permit on account of any action described in this | 16 | | subsection (a-5) without also considering all such actions in | 17 | | the light of all relevant information available to the State | 18 | | Board, including whether the permit is sought to substantially | 19 | | comply with a mandatory or voluntary plan of correction | 20 | | associated with any action described in this subsection (a-5).
| 21 | | (b) Persons shall be subject to fines as follows: | 22 | | (1) A permit holder who fails to comply with the | 23 | | requirements of
maintaining a valid permit shall be fined | 24 | | an amount not to exceed 1% of the
approved permit amount | 25 | | plus an additional 1% of the approved permit amount for
| 26 | | each 30-day period, or fraction thereof, that the violation |
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| 1 | | continues. | 2 | | (2) A permit holder who alters the scope of an approved | 3 | | project or whose
project costs exceed the allowable permit | 4 | | amount without first obtaining
approval from the State | 5 | | Board shall be fined an amount not to exceed the sum of
(i) | 6 | | the lesser of $25,000 or 2% of the approved permit amount | 7 | | and (ii) in those
cases where the approved permit amount is | 8 | | exceeded by more than $1,000,000, an
additional $20,000 for | 9 | | each $1,000,000, or fraction thereof, in excess of the
| 10 | | approved permit amount. | 11 | | (2.5) A permit holder who fails to comply with the | 12 | | post-permit and reporting requirements set forth in | 13 | | Sections Section 5 and 8.5 shall be fined an amount not to | 14 | | exceed $10,000 plus an additional $10,000 for each 30-day | 15 | | period, or fraction thereof, that the violation continues. | 16 | | This fine shall continue to accrue until the date that (i) | 17 | | the post-permit requirements are met and the post-permit or | 18 | | post-exemption reports are received by the State Board or | 19 | | (ii) the matter is referred by the State Board to the State | 20 | | Board's legal counsel. The accrued fine is not waived by | 21 | | the permit holder submitting the required information and | 22 | | reports. Prior to any fine beginning to accrue, the Board | 23 | | shall
notify, in writing, a permit holder of the due date
| 24 | | for the post-permit and reporting requirements no later | 25 | | than 30 days
before the due date for the requirements. This | 26 | | paragraph (2.5) takes
effect 6 months after August 27, 2012 |
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| 1 | | (the effective date of Public Act 97-1115). | 2 | | (3) A person who acquires major medical equipment or | 3 | | who establishes a
category of service without first | 4 | | obtaining a permit or exemption, as the case
may be, shall | 5 | | be fined an amount not to exceed $10,000 for each such
| 6 | | acquisition or category of service established plus an | 7 | | additional $10,000 for
each 30-day period, or fraction | 8 | | thereof, that the violation continues. | 9 | | (4) A person who constructs, modifies, establishes, or | 10 | | changes ownership of a health care
facility without first | 11 | | obtaining a permit or exemption shall be fined an amount | 12 | | not to
exceed $25,000 plus an additional $25,000 for each | 13 | | 30-day period, or fraction
thereof, that the violation | 14 | | continues. | 15 | | (5) A person who discontinues a health care facility or | 16 | | a category of
service without first obtaining a permit or | 17 | | exemption shall be fined an amount not to exceed
$10,000 | 18 | | plus an additional $10,000 for each 30-day period, or | 19 | | fraction thereof,
that the violation continues. For | 20 | | purposes of this subparagraph (5), facilities licensed | 21 | | under the Nursing Home Care Act, the ID/DD Community Care | 22 | | Act, or the MC/DD Act, with the exceptions of facilities | 23 | | operated by a county or Illinois Veterans Homes, are exempt | 24 | | from this permit requirement. However, facilities licensed | 25 | | under the Nursing Home Care Act, the ID/DD Community Care | 26 | | Act, or the MC/DD Act must comply with Section 3-423 of the |
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| 1 | | Nursing Home Care Act, Section 3-423 of the ID/DD Community | 2 | | Care Act, or Section 3-423 of the MC/DD Act and must | 3 | | provide the Board and the Department of Human Services with | 4 | | 30 days' written notice of their intent to close.
| 5 | | Facilities licensed under the ID/DD Community Care Act or | 6 | | the MC/DD Act also must provide the Board and the | 7 | | Department of Human Services with 30 days' written notice | 8 | | of their intent to reduce the number of beds for a | 9 | | facility. | 10 | | (6) A person subject to this Act who fails to provide | 11 | | information
requested by the State Board or Agency within | 12 | | 30 days of a formal written
request shall be fined an | 13 | | amount not to exceed $1,000 plus an additional $1,000
for | 14 | | each 30-day period, or fraction thereof, that the | 15 | | information is not
received by the State Board or Agency. | 16 | | (b-5) The State Board may accept in-kind services instead | 17 | | of or in combination with the imposition of a fine. This | 18 | | authorization is limited to cases where the non-compliant | 19 | | individual or entity has waived the right to an administrative | 20 | | hearing or opportunity to appear before the Board regarding the | 21 | | non-compliant matter. | 22 | | (c) Before imposing any fine authorized under this Section, | 23 | | the State Board
shall afford the person or permit holder, as | 24 | | the case may be, an appearance
before the State Board and an | 25 | | opportunity for a hearing before a hearing
officer appointed by | 26 | | the State Board. The hearing shall be conducted in
accordance |
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| 1 | | with Section 10. Requests for an appearance before the State | 2 | | Board must be made within 30 days after receiving notice that a | 3 | | fine will be imposed. | 4 | | (d) All fines collected under this Act shall be transmitted | 5 | | to the State
Treasurer, who shall deposit them into the | 6 | | Illinois Health Facilities Planning
Fund. | 7 | | (e) Fines imposed under this Section shall continue to | 8 | | accrue until: (i) the date that the matter is referred by the | 9 | | State Board to the Board's legal counsel; or (ii) the date that | 10 | | the health care facility becomes compliant with the Act, | 11 | | whichever is earlier. | 12 | | (Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15; | 13 | | 99-180, eff. 7-29-15; revised 10-14-15.)
| 14 | | (20 ILCS 3960/19.5)
| 15 | | (Section scheduled to be repealed on December 31, 2019 and | 16 | | as provided internally)
| 17 | | Sec. 19.5. Audit. Twenty-four months after the last member | 18 | | of the 9-member Board is appointed, as required under this | 19 | | amendatory Act of the 96th General Assembly, and 36 months | 20 | | thereafter, the Auditor General shall commence a performance | 21 | | audit of the Center for Comprehensive Health Planning, State | 22 | | Board , and the Certificate of Need processes to determine:
| 23 | | (1) (blank); whether progress is being made to develop | 24 | | a Comprehensive Health Plan and whether resources are | 25 | | sufficient to meet the goals of the Center for |
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| 1 | | Comprehensive Health Planning;
| 2 | | (2) whether changes to the Certificate of Need | 3 | | processes are being implemented effectively, as well as | 4 | | their impact, if any, on access to safety net services; and
| 5 | | (3) whether fines and settlements are fair, | 6 | | consistent, and in proportion to the degree of violations.
| 7 | | The Auditor General must report on the results of the audit | 8 | | to the General
Assembly.
| 9 | | This Section is repealed when the Auditor General files his | 10 | | or her report
with the General Assembly.
| 11 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 12 | | (20 ILCS 2310/2310-217 rep.) | 13 | | Section 15. The Department of Public Health Powers and | 14 | | Duties Law of the
Civil Administrative Code of Illinois is | 15 | | amended by repealing Section 2310-217.".
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