Full Text of SB1739 101st General Assembly
SB1739 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1739 Introduced 2/15/2019, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3960/6 | from Ch. 111 1/2, par. 1156 | 20 ILCS 3960/12 | from Ch. 111 1/2, par. 1162 | 20 ILCS 3960/12.2 | |
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Amends the Illinois Health Facilities Planning Act. Provides that any written review or findings of the Board staff set forth in the State Board Staff Report concerning an application for a permit must be made available to the public and the applicant (currently, only the public) at least 14 calendar days before the meeting of the State Board at which the review or findings are considered. Provides that members of the public and the applicant (currently, only members of the public) shall have until 10 days before the meeting of the State Board to submit any written response concerning the Board staff's written review or findings. Provides that the State Board shall, among other powers and duties, elect a Vice Chairman to preside over State Board meetings and otherwise act in place of the Chairman when the Chairman is unavailable. Provides that State Board staff shall, among other powers and duties, issue advisory opinions upon request. Provides that staff advisory opinions do not constitute determinations by the State Board. Provides that determinations by the State Board are made through the declaratory ruling process. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended by changing Sections 6, 12, and 12.2 as follows:
| 6 | | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| 7 | | (Section scheduled to be repealed on December 31, 2029)
| 8 | | Sec. 6. Application for permit or exemption; exemption | 9 | | regulations.
| 10 | | (a) An application for a permit or exemption shall be made | 11 | | to
the State Board upon forms provided by the State Board. This | 12 | | application
shall contain such information
as the State Board | 13 | | deems necessary. The State Board shall not require an applicant | 14 | | to file a Letter of Intent before an application is filed. Such
| 15 | | application shall include affirmative evidence on which the | 16 | | State
Board or Chairman may make its decision on the approval | 17 | | or denial of the permit or
exemption.
| 18 | | (b) The State Board shall establish by regulation the | 19 | | procedures and
requirements
regarding issuance of exemptions.
| 20 | | An exemption shall be approved when information required by the | 21 | | Board by rule
is submitted. Projects
eligible for an exemption, | 22 | | rather than a permit, include, but are not limited
to,
change | 23 | | of ownership of a health care facility, discontinuation of a |
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| 1 | | category of service, and discontinuation of a health care | 2 | | facility, other than a health care facility maintained by the | 3 | | State or any agency or department thereof or a nursing home | 4 | | maintained by a county. For a change of
ownership of a health | 5 | | care
facility, the State Board shall provide by rule for an
| 6 | | expedited
process for obtaining an exemption in accordance with | 7 | | Section 8.5 of this Act.
| 8 | | (c) All applications shall be signed by the applicant and | 9 | | shall be
verified by any 2 officers thereof.
| 10 | | (c-5) Any written review or findings of the Board staff set | 11 | | forth in the State Board Staff Report concerning an application | 12 | | for a permit must be made available to the public and the | 13 | | applicant at least 14 calendar days before the meeting of the | 14 | | State Board at which the review or findings are considered. The | 15 | | applicant and members of the public may submit, to the State | 16 | | Board, written responses regarding the facts set forth in the | 17 | | review or findings of the Board staff. Members of the public | 18 | | and the applicant shall have until 10 days before the meeting | 19 | | of the State Board to submit any written response concerning | 20 | | the Board staff's written review or findings. The Board staff | 21 | | may revise any findings to address corrections of factual | 22 | | errors cited in the public response. At the meeting, the State | 23 | | Board may, in its discretion, permit the submission of other | 24 | | additional written materials.
| 25 | | (d) Upon receipt of an application for a permit, the State | 26 | | Board shall
approve and authorize the issuance of a permit if |
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| 1 | | it finds (1) that the
applicant is fit, willing, and able to | 2 | | provide a proper standard of
health care service for the | 3 | | community with particular regard to the
qualification, | 4 | | background and character of the applicant, (2) that
economic | 5 | | feasibility is demonstrated in terms of effect on the existing
| 6 | | and projected operating budget of the applicant and of the | 7 | | health care
facility; in terms of the applicant's ability to | 8 | | establish and operate
such facility in accordance with | 9 | | licensure regulations promulgated under
pertinent state laws; | 10 | | and in terms of the projected impact on the total
health care | 11 | | expenditures in the facility and community, (3) that
safeguards | 12 | | are provided that assure that the establishment,
construction | 13 | | or modification of the health care facility or acquisition
of | 14 | | major medical equipment is consistent
with the public interest, | 15 | | and (4) that the proposed project is consistent
with the | 16 | | orderly and economic
development of such facilities and | 17 | | equipment and is in accord with standards,
criteria, or plans | 18 | | of need adopted and approved pursuant to the
provisions of | 19 | | Section 12 of this Act.
| 20 | | (Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18; | 21 | | 100-681, eff. 8-3-18 .)
| 22 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 23 | | (Section scheduled to be repealed on December 31, 2029) | 24 | | Sec. 12. Powers and duties of State Board. For purposes of | 25 | | this Act,
the State Board
shall
exercise the following powers |
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| 1 | | and duties:
| 2 | | (1) Prescribe rules,
regulations, standards, criteria, | 3 | | procedures or reviews which may vary
according to the purpose | 4 | | for which a particular review is being conducted
or the type of | 5 | | project reviewed and which are required to carry out the
| 6 | | provisions and purposes of this Act. Policies and procedures of | 7 | | the State Board shall take into consideration the priorities | 8 | | and needs of medically underserved areas and other health care | 9 | | services, giving special consideration to the impact of | 10 | | projects on access to safety net services.
| 11 | | (2) Adopt procedures for public
notice and hearing on all | 12 | | proposed rules, regulations, standards,
criteria, and plans | 13 | | required to carry out the provisions of this Act.
| 14 | | (3) (Blank).
| 15 | | (4) Develop criteria and standards for health care | 16 | | facilities planning,
conduct statewide inventories of health | 17 | | care facilities, maintain an updated
inventory on the Board's | 18 | | web site reflecting the
most recent bed and service
changes and | 19 | | updated need determinations when new census data become | 20 | | available
or new need formulae
are adopted,
and
develop health | 21 | | care facility plans which shall be utilized in the review of
| 22 | | applications for permit under
this Act. Such health facility | 23 | | plans shall be coordinated by the Board
with pertinent State | 24 | | Plans. Inventories pursuant to this Section of skilled or | 25 | | intermediate care facilities licensed under the Nursing Home | 26 | | Care Act, skilled or intermediate care facilities licensed |
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| 1 | | under the ID/DD Community Care Act, skilled or intermediate | 2 | | care facilities licensed under the MC/DD Act, facilities | 3 | | licensed under the Specialized Mental Health Rehabilitation | 4 | | Act of 2013, or nursing homes licensed under the Hospital | 5 | | Licensing Act shall be conducted on an annual basis no later | 6 | | than July 1 of each year and shall include among the | 7 | | information requested a list of all services provided by a | 8 | | facility to its residents and to the community at large and | 9 | | differentiate between active and inactive beds.
| 10 | | In developing health care facility plans, the State Board | 11 | | shall consider,
but shall not be limited to, the following:
| 12 | | (a) The size, composition and growth of the population | 13 | | of the area
to be served;
| 14 | | (b) The number of existing and planned facilities | 15 | | offering similar
programs;
| 16 | | (c) The extent of utilization of existing facilities;
| 17 | | (d) The availability of facilities which may serve as | 18 | | alternatives
or substitutes;
| 19 | | (e) The availability of personnel necessary to the | 20 | | operation of the
facility;
| 21 | | (f) Multi-institutional planning and the establishment | 22 | | of
multi-institutional systems where feasible;
| 23 | | (g) The financial and economic feasibility of proposed | 24 | | construction
or modification; and
| 25 | | (h) In the case of health care facilities established | 26 | | by a religious
body or denomination, the needs of the |
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| 1 | | members of such religious body or
denomination may be | 2 | | considered to be public need.
| 3 | | The health care facility plans which are developed and | 4 | | adopted in
accordance with this Section shall form the basis | 5 | | for the plan of the State
to deal most effectively with | 6 | | statewide health needs in regard to health
care facilities.
| 7 | | (5) Coordinate with other state agencies having | 8 | | responsibilities
affecting health care facilities, including | 9 | | those of licensure and cost
reporting.
| 10 | | (6) Solicit, accept, hold and administer on behalf of the | 11 | | State
any grants or bequests of money, securities or property | 12 | | for
use by the State Board in the administration of this Act; | 13 | | and enter into contracts
consistent with the appropriations for | 14 | | purposes enumerated in this Act.
| 15 | | (7) (Blank).
| 16 | | (8) Prescribe rules, regulations,
standards, and criteria | 17 | | for the conduct of an expeditious review of
applications
for | 18 | | permits for projects of construction or modification of a | 19 | | health care
facility, which projects are classified as | 20 | | emergency, substantive, or non-substantive in nature. | 21 | | Substantive projects shall include no more than the | 22 | | following: | 23 | | (a) Projects to construct (1) a new or replacement | 24 | | facility located on a new site or
(2) a replacement | 25 | | facility located on the same site as the original facility | 26 | | and the cost of the replacement facility exceeds the |
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| 1 | | capital expenditure minimum, which shall be reviewed by the | 2 | | Board within 120 days; | 3 | | (b) Projects proposing a
(1) new service within an | 4 | | existing healthcare facility or
(2) discontinuation of a | 5 | | service within an existing healthcare facility, which | 6 | | shall be reviewed by the Board within 60 days; or | 7 | | (c) Projects proposing a change in the bed capacity of | 8 | | a health care facility by an increase in the total number | 9 | | of beds or by a redistribution of beds among various | 10 | | categories of service or by a relocation of beds from one | 11 | | physical facility or site to another by more than 20 beds | 12 | | or more than 10% of total bed capacity, as defined by the | 13 | | State Board, whichever is less, over a 2-year period. | 14 | | The Chairman may approve applications for exemption that | 15 | | meet the criteria set forth in rules or refer them to the full | 16 | | Board. The Chairman may approve any unopposed application that | 17 | | meets all of the review criteria or refer them to the full | 18 | | Board. | 19 | | Such rules shall
not prevent the conduct of a public | 20 | | hearing upon the timely request
of an interested party. Such | 21 | | reviews shall not exceed 60 days from the
date the application | 22 | | is declared to be complete.
| 23 | | (9) Prescribe rules, regulations,
standards, and criteria | 24 | | pertaining to the granting of permits for
construction
and | 25 | | modifications which are emergent in nature and must be | 26 | | undertaken
immediately to prevent or correct structural |
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| 1 | | deficiencies or hazardous
conditions that may harm or injure | 2 | | persons using the facility, as defined
in the rules and | 3 | | regulations of the State Board. This procedure is exempt
from | 4 | | public hearing requirements of this Act.
| 5 | | (10) Prescribe rules,
regulations, standards and criteria | 6 | | for the conduct of an expeditious
review, not exceeding 60 | 7 | | days, of applications for permits for projects to
construct or | 8 | | modify health care facilities which are needed for the care
and | 9 | | treatment of persons who have acquired immunodeficiency | 10 | | syndrome (AIDS)
or related conditions.
| 11 | | (10.5) Provide its rationale when voting on an item before | 12 | | it at a State Board meeting in order to comply with subsection | 13 | | (b) of Section 3-108 of the Code of Civil Procedure. | 14 | | (11) Issue written decisions upon request of the applicant | 15 | | or an adversely affected party to the Board. Requests for a | 16 | | written decision shall be made within 15 days after the Board | 17 | | meeting in which a final decision has been made. A "final | 18 | | decision" for purposes of this Act is the decision to approve | 19 | | or deny an application, or take other actions permitted under | 20 | | this Act, at the time and date of the meeting that such action | 21 | | is scheduled by the Board. The transcript of the State Board | 22 | | meeting shall be incorporated into the Board's final decision. | 23 | | The staff of the Board shall prepare a written copy of the | 24 | | final decision and the Board shall approve a final copy for | 25 | | inclusion in the formal record. The Board shall consider, for | 26 | | approval, the written draft of the final decision no later than |
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| 1 | | the next scheduled Board meeting. The written decision shall | 2 | | identify the applicable criteria and factors listed in this Act | 3 | | and the Board's regulations that were taken into consideration | 4 | | by the Board when coming to a final decision. If the Board | 5 | | denies or fails to approve an application for permit or | 6 | | exemption, the Board shall include in the final decision a | 7 | | detailed explanation as to why the application was denied and | 8 | | identify what specific criteria or standards the applicant did | 9 | | not fulfill. | 10 | | (12) (Blank). | 11 | | (13) Provide a mechanism for the public to comment on, and | 12 | | request changes to, draft rules and standards. | 13 | | (14) Implement public information campaigns to regularly | 14 | | inform the general public about the opportunity for public | 15 | | hearings and public hearing procedures. | 16 | | (15) Establish a separate set of rules and guidelines for | 17 | | long-term care that recognizes that nursing homes are a | 18 | | different business line and service model from other regulated | 19 | | facilities. An open and transparent process shall be developed | 20 | | that considers the following: how skilled nursing fits in the | 21 | | continuum of care with other care providers, modernization of | 22 | | nursing homes, establishment of more private rooms, | 23 | | development of alternative services, and current trends in | 24 | | long-term care services.
The Chairman of the Board shall | 25 | | appoint a permanent Health Services Review Board Long-term Care | 26 | | Facility Advisory Subcommittee that shall develop and |
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| 1 | | recommend to the Board the rules to be established by the Board | 2 | | under this paragraph (15). The Subcommittee shall also provide | 3 | | continuous review and commentary on policies and procedures | 4 | | relative to long-term care and the review of related projects. | 5 | | The Subcommittee shall make recommendations to the Board no | 6 | | later than January 1, 2016 and every January thereafter | 7 | | pursuant to the Subcommittee's responsibility for the | 8 | | continuous review and commentary on policies and procedures | 9 | | relative to long-term care. In consultation with other experts | 10 | | from the health field of long-term care, the Board and the | 11 | | Subcommittee shall study new approaches to the current bed need | 12 | | formula and Health Service Area boundaries to encourage | 13 | | flexibility and innovation in design models reflective of the | 14 | | changing long-term care marketplace and consumer preferences | 15 | | and submit its recommendations to the Chairman of the Board no | 16 | | later than January 1, 2017. The Subcommittee shall evaluate, | 17 | | and make recommendations to the State Board regarding, the | 18 | | buying, selling, and exchange of beds between long-term care | 19 | | facilities within a specified geographic area or drive time. | 20 | | The Board shall file the proposed related administrative rules | 21 | | for the separate rules and guidelines for long-term care | 22 | | required by this paragraph (15) by no later than September 30, | 23 | | 2011. The Subcommittee shall be provided a reasonable and | 24 | | timely opportunity to review and comment on any review, | 25 | | revision, or updating of the criteria, standards, procedures, | 26 | | and rules used to evaluate project applications as provided |
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| 1 | | under Section 12.3 of this Act. | 2 | | The Chairman of the Board shall appoint voting members of | 3 | | the Subcommittee, who shall serve for a period of 3 years, with | 4 | | one-third of the terms expiring each January, to be determined | 5 | | by lot. Appointees shall include, but not be limited to, | 6 | | recommendations from each of the 3 statewide long-term care | 7 | | associations, with an equal number to be appointed from each. | 8 | | Compliance with this provision shall be through the appointment | 9 | | and reappointment process. All appointees serving as of April | 10 | | 1, 2015 shall serve to the end of their term as determined by | 11 | | lot or until the appointee voluntarily resigns, whichever is | 12 | | earlier. | 13 | | One representative from the Department of Public Health, | 14 | | the Department of Healthcare and Family Services, the | 15 | | Department on Aging, and the Department of Human Services may | 16 | | each serve as an ex-officio non-voting member of the | 17 | | Subcommittee. The Chairman of the Board shall select a | 18 | | Subcommittee Chair, who shall serve for a period of 3 years. | 19 | | (16) Prescribe the format of the State Board Staff Report. | 20 | | A State Board Staff Report shall pertain to applications that | 21 | | include, but are not limited to, applications for permit or | 22 | | exemption, applications for permit renewal, applications for | 23 | | extension of the financial commitment period, applications | 24 | | requesting a declaratory ruling, or applications under the | 25 | | Health Care Worker Self-Referral Act. State Board Staff Reports | 26 | | shall compare applications to the relevant review criteria |
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| 1 | | under the Board's rules. | 2 | | (17) Establish a separate set of rules and guidelines for | 3 | | facilities licensed under the Specialized Mental Health | 4 | | Rehabilitation Act of 2013. An application for the | 5 | | re-establishment of a facility in connection with the | 6 | | relocation of the facility shall not be granted unless the | 7 | | applicant has a contractual relationship with at least one | 8 | | hospital to provide emergency and inpatient mental health | 9 | | services required by facility consumers, and at least one | 10 | | community mental health agency to provide oversight and | 11 | | assistance to facility consumers while living in the facility, | 12 | | and appropriate services, including case management, to assist | 13 | | them to prepare for discharge and reside stably in the | 14 | | community thereafter. No new facilities licensed under the | 15 | | Specialized Mental Health Rehabilitation Act of 2013 shall be | 16 | | established after June 16, 2014 (the effective date of Public | 17 | | Act 98-651) except in connection with the relocation of an | 18 | | existing facility to a new location. An application for a new | 19 | | location shall not be approved unless there are adequate | 20 | | community services accessible to the consumers within a | 21 | | reasonable distance, or by use of public transportation, so as | 22 | | to facilitate the goal of achieving maximum individual | 23 | | self-care and independence. At no time shall the total number | 24 | | of authorized beds under this Act in facilities licensed under | 25 | | the Specialized Mental Health Rehabilitation Act of 2013 exceed | 26 | | the number of authorized beds on June 16, 2014 (the effective |
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| 1 | | date of Public Act 98-651). | 2 | | (18) Elect a Vice Chairman to preside over State Board | 3 | | meetings and otherwise act in place of the Chairman when the | 4 | | Chairman is unavailable. | 5 | | (Source: P.A. 99-78, eff. 7-20-15; 99-114, eff. 7-23-15; | 6 | | 99-180, eff. 7-29-15; 99-277, eff. 8-5-15; 99-527, eff. 1-1-17; | 7 | | 99-642, eff. 7-28-16; 100-518, eff. 6-1-18; 100-681, eff. | 8 | | 8-3-18 .)
| 9 | | (20 ILCS 3960/12.2)
| 10 | | (Section scheduled to be repealed on December 31, 2029)
| 11 | | Sec. 12.2. Powers of the State Board staff. For purposes of | 12 | | this Act,
the staff shall exercise the following powers and | 13 | | duties:
| 14 | | (1) Review applications for permits and exemptions in | 15 | | accordance with the
standards, criteria, and plans of need | 16 | | established by the State Board under
this Act and certify | 17 | | its finding to the State Board.
| 18 | | (1.5) Post the following on the Board's web site: | 19 | | relevant (i)
rules,
(ii)
standards, (iii)
criteria, (iv) | 20 | | State norms, (v) references used by Board staff in making
| 21 | | determinations about whether application criteria are met, | 22 | | and (vi) notices of
project-related filings, including | 23 | | notice of public comments related to the
application.
| 24 | | (2) Charge and collect an amount determined by the | 25 | | State Board and the staff to be
reasonable fees for the |
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| 1 | | processing of applications by the State Board.
The State | 2 | | Board shall set the amounts by rule. Application fees for | 3 | | continuing care retirement communities, and other health | 4 | | care models that include regulated and unregulated | 5 | | components, shall apply only to those components subject to | 6 | | regulation under this Act. All fees and fines
collected | 7 | | under the provisions of this Act shall be deposited
into | 8 | | the Illinois Health Facilities Planning Fund to be used for | 9 | | the
expenses of administering this Act.
| 10 | | (2.1) Publish the following reports on the State Board | 11 | | website: | 12 | | (A) An annual accounting, aggregated by category | 13 | | and with names of parties redacted, of fees, fines, and | 14 | | other revenue collected as well as expenses incurred, | 15 | | in the administration of this Act. | 16 | | (B) An annual report, with names of the parties | 17 | | redacted, that summarizes all settlement agreements | 18 | | entered into with the State Board that resolve an | 19 | | alleged instance of noncompliance with State Board | 20 | | requirements under this Act. | 21 | | (C) (Blank). | 22 | | (D) Board reports showing the degree to which an | 23 | | application conforms to the review standards, a | 24 | | summation of relevant public testimony, and any | 25 | | additional information that staff wants to | 26 | | communicate. |
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| 1 | | (3) Coordinate with other State agencies having | 2 | | responsibilities
affecting
health care facilities, | 3 | | including licensure and cost reporting agencies.
| 4 | | (4) Issue advisory opinions upon request. Staff | 5 | | advisory opinions do not constitute determinations by the | 6 | | State Board. Determinations by the State Board are made | 7 | | through the declaratory ruling process. | 8 | | (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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