Full Text of HB3133 099th General Assembly
HB3133enr 99TH GENERAL ASSEMBLY |
| | HB3133 Enrolled | | LRB099 09158 JLK 29356 b |
|
| 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amended by changing Sections 6.2, 12, and 14.1 as follows: | 6 | | (20 ILCS 3960/6.2) | 7 | | (Section scheduled to be repealed on December 31, 2019) | 8 | | Sec. 6.2. Review of permits; State Board Staff Reports. | 9 | | Upon receipt of an application for a permit to establish,
| 10 | | construct, or modify a health care facility, the State Board | 11 | | staff
shall notify the applicant in writing within 10
working | 12 | | days either that the application is or is not complete. If the
| 13 | | application is complete, the State Board staff shall
notify the | 14 | | applicant of the beginning of the review process. If the | 15 | | application is not complete, the Board staff shall explain | 16 | | within the 10-day period why the application is incomplete. | 17 | | The State Board staff shall afford a reasonable amount of | 18 | | time as
established by the State Board, but not to exceed 120 | 19 | | days,
for the review of the application. The 120-day period
| 20 | | begins on the day the application is found to be
substantially | 21 | | complete, as that term is defined by the State
Board. During | 22 | | the 120-day period, the applicant may request
an extension. An | 23 | | applicant may modify the application at any
time before a final |
| | | HB3133 Enrolled | - 2 - | LRB099 09158 JLK 29356 b |
|
| 1 | | administrative decision has been made on the
application.
| 2 | | The State Board shall prescribe and provide the forms upon
| 3 | | which the State Board Staff Report shall be
made. The State | 4 | | Board staff shall submit its State Board Staff Report
to the | 5 | | State Board for its decision-making regarding approval or | 6 | | denial of the permit. | 7 | | When an application for a permit is initially reviewed by
| 8 | | State Board staff, as provided in this Section, the State Board | 9 | | shall, upon request by the applicant or an interested person, | 10 | | afford an opportunity for a public hearing within a reasonable | 11 | | amount of time
after receipt of the complete application, but | 12 | | not to exceed
90 days after receipt of the complete | 13 | | application. Notice of the hearing shall be made promptly, not | 14 | | less than 10 days before the hearing, by
certified mail to the | 15 | | applicant and, not less than 10 days before the
hearing, by | 16 | | publication in a newspaper of general circulation
in the area | 17 | | or community to be affected. The hearing shall
be held in the | 18 | | area or community in which the proposed
project is to be | 19 | | located and shall be for the purpose of allowing
the applicant | 20 | | and any interested person to present public
testimony | 21 | | concerning the approval, denial, renewal, or
revocation of the | 22 | | permit. All interested persons attending
the hearing shall be | 23 | | given a reasonable opportunity to present
their views or | 24 | | arguments in writing or orally, and a record
of all of the | 25 | | testimony shall accompany any findings of the State
Board | 26 | | staff. The State Board shall adopt reasonable rules and |
| | | HB3133 Enrolled | - 3 - | LRB099 09158 JLK 29356 b |
|
| 1 | | regulations
governing the procedure and conduct of the | 2 | | hearings.
| 3 | | (Source: P.A. 97-1115, eff. 8-27-12; 98-1086, eff. 8-26-14.)
| 4 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 5 | | (Section scheduled to be repealed on December 31, 2019) | 6 | | Sec. 12. Powers and duties of State Board. For purposes of | 7 | | this Act,
the State Board
shall
exercise the following powers | 8 | | and duties:
| 9 | | (1) Prescribe rules,
regulations, standards, criteria, | 10 | | procedures or reviews which may vary
according to the purpose | 11 | | for which a particular review is being conducted
or the type of | 12 | | project reviewed and which are required to carry out the
| 13 | | provisions and purposes of this Act. Policies and procedures of | 14 | | the State Board shall take into consideration the priorities | 15 | | and needs of medically underserved areas and other health care | 16 | | services identified through the comprehensive health planning | 17 | | process, giving special consideration to the impact of projects | 18 | | on access to safety net services.
| 19 | | (2) Adopt procedures for public
notice and hearing on all | 20 | | proposed rules, regulations, standards,
criteria, and plans | 21 | | required to carry out the provisions of this Act.
| 22 | | (3) (Blank).
| 23 | | (4) Develop criteria and standards for health care | 24 | | facilities planning,
conduct statewide inventories of health | 25 | | care facilities, maintain an updated
inventory on the Board's |
| | | HB3133 Enrolled | - 4 - | LRB099 09158 JLK 29356 b |
|
| 1 | | web site reflecting the
most recent bed and service
changes and | 2 | | updated need determinations when new census data become | 3 | | available
or new need formulae
are adopted,
and
develop health | 4 | | care facility plans which shall be utilized in the review of
| 5 | | applications for permit under
this Act. Such health facility | 6 | | plans shall be coordinated by the Board
with pertinent State | 7 | | Plans. Inventories pursuant to this Section of skilled or | 8 | | intermediate care facilities licensed under the Nursing Home | 9 | | Care Act, skilled or intermediate care facilities licensed | 10 | | under the ID/DD Community Care Act, facilities licensed under | 11 | | the Specialized Mental Health Rehabilitation Act, or nursing | 12 | | homes licensed under the Hospital Licensing Act shall be | 13 | | conducted on an annual basis no later than July 1 of each year | 14 | | and shall include among the information requested a list of all | 15 | | services provided by a facility to its residents and to the | 16 | | community at large and differentiate between active and | 17 | | inactive beds.
| 18 | | In developing health care facility plans, the State Board | 19 | | shall consider,
but shall not be limited to, the following:
| 20 | | (a) The size, composition and growth of the population | 21 | | of the area
to be served;
| 22 | | (b) The number of existing and planned facilities | 23 | | offering similar
programs;
| 24 | | (c) The extent of utilization of existing facilities;
| 25 | | (d) The availability of facilities which may serve as | 26 | | alternatives
or substitutes;
|
| | | HB3133 Enrolled | - 5 - | LRB099 09158 JLK 29356 b |
|
| 1 | | (e) The availability of personnel necessary to the | 2 | | operation of the
facility;
| 3 | | (f) Multi-institutional planning and the establishment | 4 | | of
multi-institutional systems where feasible;
| 5 | | (g) The financial and economic feasibility of proposed | 6 | | construction
or modification; and
| 7 | | (h) In the case of health care facilities established | 8 | | by a religious
body or denomination, the needs of the | 9 | | members of such religious body or
denomination may be | 10 | | considered to be public need.
| 11 | | The health care facility plans which are developed and | 12 | | adopted in
accordance with this Section shall form the basis | 13 | | for the plan of the State
to deal most effectively with | 14 | | statewide health needs in regard to health
care facilities.
| 15 | | (5) Coordinate with the Center for Comprehensive Health | 16 | | Planning and other state agencies having responsibilities
| 17 | | affecting health care facilities, including those of licensure | 18 | | and cost
reporting. Beginning no later than January 1, 2013, | 19 | | the Department of Public Health shall produce a written annual | 20 | | report to the Governor and the General Assembly regarding the | 21 | | development of the Center for Comprehensive Health Planning. | 22 | | The Chairman of the State Board and the State Board | 23 | | Administrator shall also receive a copy of the annual report.
| 24 | | (6) Solicit, accept, hold and administer on behalf of the | 25 | | State
any grants or bequests of money, securities or property | 26 | | for
use by the State Board or Center for Comprehensive Health |
| | | HB3133 Enrolled | - 6 - | LRB099 09158 JLK 29356 b |
|
| 1 | | Planning in the administration of this Act; and enter into | 2 | | contracts
consistent with the appropriations for purposes | 3 | | enumerated in this Act.
| 4 | | (7) The State Board shall prescribe procedures for review, | 5 | | standards,
and criteria which shall be utilized
to make | 6 | | periodic reviews and determinations of the appropriateness
of | 7 | | any existing health services being rendered by health care | 8 | | facilities
subject to the Act. The State Board shall consider | 9 | | recommendations of the
Board in making its
determinations.
| 10 | | (8) Prescribe, in consultation
with the Center for | 11 | | Comprehensive Health Planning, rules, regulations,
standards, | 12 | | and criteria for the conduct of an expeditious review of
| 13 | | applications
for permits for projects of construction or | 14 | | modification of a health care
facility, which projects are | 15 | | classified as emergency, substantive, or non-substantive in | 16 | | nature. | 17 | | Six months after June 30, 2009 (the effective date of | 18 | | Public Act 96-31), substantive projects shall include no more | 19 | | than the following: | 20 | | (a) Projects to construct (1) a new or replacement | 21 | | facility located on a new site or
(2) a replacement | 22 | | facility located on the same site as the original facility | 23 | | and the cost of the replacement facility exceeds the | 24 | | capital expenditure minimum, which shall be reviewed by the | 25 | | Board within 120 days; | 26 | | (b) Projects proposing a
(1) new service within an |
| | | HB3133 Enrolled | - 7 - | LRB099 09158 JLK 29356 b |
|
| 1 | | existing healthcare facility or
(2) discontinuation of a | 2 | | service within an existing healthcare facility, which | 3 | | shall be reviewed by the Board within 60 days; or | 4 | | (c) Projects proposing a change in the bed capacity of | 5 | | a health care facility by an increase in the total number | 6 | | of beds or by a redistribution of beds among various | 7 | | categories of service or by a relocation of beds from one | 8 | | physical facility or site to another by more than 20 beds | 9 | | or more than 10% of total bed capacity, as defined by the | 10 | | State Board, whichever is less, over a 2-year period. | 11 | | The Chairman may approve applications for exemption that | 12 | | meet the criteria set forth in rules or refer them to the full | 13 | | Board. The Chairman may approve any unopposed application that | 14 | | meets all of the review criteria or refer them to the full | 15 | | Board. | 16 | | Such rules shall
not abridge the right of the Center for | 17 | | Comprehensive Health Planning to make
recommendations on the | 18 | | classification and approval of projects, nor shall
such rules | 19 | | prevent the conduct of a public hearing upon the timely request
| 20 | | of an interested party. Such reviews shall not exceed 60 days | 21 | | from the
date the application is declared to be complete.
| 22 | | (9) Prescribe rules, regulations,
standards, and criteria | 23 | | pertaining to the granting of permits for
construction
and | 24 | | modifications which are emergent in nature and must be | 25 | | undertaken
immediately to prevent or correct structural | 26 | | deficiencies or hazardous
conditions that may harm or injure |
| | | HB3133 Enrolled | - 8 - | LRB099 09158 JLK 29356 b |
|
| 1 | | persons using the facility, as defined
in the rules and | 2 | | regulations of the State Board. This procedure is exempt
from | 3 | | public hearing requirements of this Act.
| 4 | | (10) Prescribe rules,
regulations, standards and criteria | 5 | | for the conduct of an expeditious
review, not exceeding 60 | 6 | | days, of applications for permits for projects to
construct or | 7 | | modify health care facilities which are needed for the care
and | 8 | | treatment of persons who have acquired immunodeficiency | 9 | | syndrome (AIDS)
or related conditions.
| 10 | | (10.5) Provide its rationale when voting on an item before | 11 | | it at a State Board meeting in order to comply with subsection | 12 | | (b) of Section 3-108 of the Code of Civil Procedure. | 13 | | (11) Issue written decisions upon request of the applicant | 14 | | or an adversely affected party to the Board. Requests for a | 15 | | written decision shall be made within 15 days after the Board | 16 | | meeting in which a final decision has been made. A "final | 17 | | decision" for purposes of this Act is the decision to approve | 18 | | or deny an application, or take other actions permitted under | 19 | | this Act, at the time and date of the meeting that such action | 20 | | is scheduled by the Board. State Board members shall provide | 21 | | their rationale when voting on an item before the State Board | 22 | | at a State Board meeting in order to comply with subsection (b) | 23 | | of Section 3-108 of the Administrative Review Law of the Code | 24 | | of Civil Procedure. The transcript of the State Board meeting | 25 | | shall be incorporated into the Board's final decision. The | 26 | | staff of the Board shall prepare a written copy of the final |
| | | HB3133 Enrolled | - 9 - | LRB099 09158 JLK 29356 b |
|
| 1 | | decision and the Board shall approve a final copy for inclusion | 2 | | in the formal record. The Board shall consider, for approval, | 3 | | the written draft of the final decision no later than the next | 4 | | scheduled Board meeting. The written decision shall identify | 5 | | the applicable criteria and factors listed in this Act and the | 6 | | Board's regulations that were taken into consideration by the | 7 | | Board when coming to a final decision. If the Board denies or | 8 | | fails to approve an application for permit or exemption, the | 9 | | Board shall include in the final decision a detailed | 10 | | explanation as to why the application was denied and identify | 11 | | what specific criteria or standards the applicant did not | 12 | | fulfill. | 13 | | (12) Require at least one of its members to participate in | 14 | | any public hearing, after the appointment of a majority of the | 15 | | members to the Board. | 16 | | (13) Provide a mechanism for the public to comment on, and | 17 | | request changes to, draft rules and standards. | 18 | | (14) Implement public information campaigns to regularly | 19 | | inform the general public about the opportunity for public | 20 | | hearings and public hearing procedures. | 21 | | (15) Establish a separate set of rules and guidelines for | 22 | | long-term care that recognizes that nursing homes are a | 23 | | different business line and service model from other regulated | 24 | | facilities. An open and transparent process shall be developed | 25 | | that considers the following: how skilled nursing fits in the | 26 | | continuum of care with other care providers, modernization of |
| | | HB3133 Enrolled | - 10 - | LRB099 09158 JLK 29356 b |
|
| 1 | | nursing homes, establishment of more private rooms, | 2 | | development of alternative services, and current trends in | 3 | | long-term care services.
The Chairman of the Board shall | 4 | | appoint a permanent Health Services Review Board Long-term Care | 5 | | Facility Advisory Subcommittee that shall develop and | 6 | | recommend to the Board the rules to be established by the Board | 7 | | under this paragraph (15). The Subcommittee shall also provide | 8 | | continuous review and commentary on policies and procedures | 9 | | relative to long-term care and the review of related projects. | 10 | | In consultation with other experts from the health field of | 11 | | long-term care, the Board and the Subcommittee shall study new | 12 | | approaches to the current bed need formula and Health Service | 13 | | Area boundaries to encourage flexibility and innovation in | 14 | | design models reflective of the changing long-term care | 15 | | marketplace and consumer preferences. The Subcommittee shall | 16 | | evaluate, and make recommendations to the State Board | 17 | | regarding, the buying, selling, and exchange of beds between | 18 | | long-term care facilities within a specified geographic area or | 19 | | drive time. The Board shall file the proposed related | 20 | | administrative rules for the separate rules and guidelines for | 21 | | long-term care required by this paragraph (15) by no later than | 22 | | September 30, 2011. The Subcommittee shall be provided a | 23 | | reasonable and timely opportunity to review and comment on any | 24 | | review, revision, or updating of the criteria, standards, | 25 | | procedures, and rules used to evaluate project applications as | 26 | | provided under Section 12.3 of this Act. |
| | | HB3133 Enrolled | - 11 - | LRB099 09158 JLK 29356 b |
|
| 1 | | (16) Prescribe the format of and provide forms pertaining | 2 | | to the State Board Staff Report. A State Board Staff Report | 3 | | shall pertain to applications that include, but are not limited | 4 | | to, applications for permit or exemption, applications for | 5 | | permit renewal, applications for extension of the obligation | 6 | | period, applications requesting a declaratory ruling, or | 7 | | applications under the Health Care Worker Self-Referral Self | 8 | | Referral Act. State Board Staff Reports shall compare | 9 | | applications to the relevant review criteria under the Board's | 10 | | rules. | 11 | | (17) (16) Establish a separate set of rules and guidelines | 12 | | for facilities licensed under the Specialized Mental Health | 13 | | Rehabilitation Act of 2013. An application for the | 14 | | re-establishment of a facility in connection with the | 15 | | relocation of the facility shall not be granted unless the | 16 | | applicant has a contractual relationship with at least one | 17 | | hospital to provide emergency and inpatient mental health | 18 | | services required by facility consumers, and at least one | 19 | | community mental health agency to provide oversight and | 20 | | assistance to facility consumers while living in the facility, | 21 | | and appropriate services, including case management, to assist | 22 | | them to prepare for discharge and reside stably in the | 23 | | community thereafter. No new facilities licensed under the | 24 | | Specialized Mental Health Rehabilitation Act of 2013 shall be | 25 | | established after June 16, 2014 ( the effective date of Public | 26 | | Act 98-651) this amendatory Act of the 98th General Assembly |
| | | HB3133 Enrolled | - 12 - | LRB099 09158 JLK 29356 b |
|
| 1 | | except in connection with the relocation of an existing | 2 | | facility to a new location. An application for a new location | 3 | | shall not be approved unless there are adequate community | 4 | | services accessible to the consumers within a reasonable | 5 | | distance, or by use of public transportation, so as to | 6 | | facilitate the goal of achieving maximum individual self-care | 7 | | and independence. At no time shall the total number of | 8 | | authorized beds under this Act in facilities licensed under the | 9 | | Specialized Mental Health Rehabilitation Act of 2013 exceed the | 10 | | number of authorized beds on June 16, 2014 ( the effective date | 11 | | of Public Act 98-651) this amendatory Act of the 98th General | 12 | | Assembly . | 13 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | 14 | | eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; | 15 | | 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. | 16 | | 6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
| 17 | | (20 ILCS 3960/14.1)
| 18 | | Sec. 14.1. Denial of permit; other sanctions. | 19 | | (a) The State Board may deny an application for a permit or | 20 | | may revoke or
take other action as permitted by this Act with | 21 | | regard to a permit as the State
Board deems appropriate, | 22 | | including the imposition of fines as set forth in this
Section, | 23 | | for any one or a combination of the following: | 24 | | (1) The acquisition of major medical equipment without | 25 | | a permit or in
violation of the terms of a permit. |
| | | HB3133 Enrolled | - 13 - | LRB099 09158 JLK 29356 b |
|
| 1 | | (2) The establishment, construction, or modification , | 2 | | or change of ownership of a health care
facility without a | 3 | | permit or exemption or in violation of the terms of a | 4 | | permit. | 5 | | (3) The violation of any provision of this Act or any | 6 | | rule adopted
under this Act. | 7 | | (4) The failure, by any person subject to this Act, to | 8 | | provide information
requested by the State Board or Agency | 9 | | within 30 days after a formal written
request for the | 10 | | information. | 11 | | (5) The failure to pay any fine imposed under this | 12 | | Section within 30 days
of its imposition. | 13 | | (a-5) For facilities licensed under the ID/DD Community | 14 | | Care Act, no permit shall be denied on the basis of prior | 15 | | operator history, other than for actions specified under item | 16 | | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | 17 | | Act. For facilities licensed under the Specialized Mental | 18 | | Health Rehabilitation Act, no permit shall be denied on the | 19 | | basis of prior operator history, other than for actions | 20 | | specified under item (2), (4), or (5) of Section 3-117 of the | 21 | | Specialized Mental Health Rehabilitation Act. For facilities | 22 | | licensed under the Nursing Home Care Act, no permit shall be | 23 | | denied on the basis of prior operator history, other than for: | 24 | | (i) actions specified under item (2), (3), (4), (5), or (6) of | 25 | | Section 3-117 of the Nursing Home Care Act; (ii) actions | 26 | | specified under item (a)(6) of Section 3-119 of the Nursing |
| | | HB3133 Enrolled | - 14 - | LRB099 09158 JLK 29356 b |
|
| 1 | | Home Care Act; or (iii) actions within the preceding 5 years | 2 | | constituting a substantial and repeated failure to comply with | 3 | | the Nursing Home Care Act or the rules and regulations adopted | 4 | | by the Department under that Act. The State Board shall not | 5 | | deny a permit on account of any action described in this | 6 | | subsection (a-5) without also considering all such actions in | 7 | | the light of all relevant information available to the State | 8 | | Board, including whether the permit is sought to substantially | 9 | | comply with a mandatory or voluntary plan of correction | 10 | | associated with any action described in this subsection (a-5).
| 11 | | (b) Persons shall be subject to fines as follows: | 12 | | (1) A permit holder who fails to comply with the | 13 | | requirements of
maintaining a valid permit shall be fined | 14 | | an amount not to exceed 1% of the
approved permit amount | 15 | | plus an additional 1% of the approved permit amount for
| 16 | | each 30-day period, or fraction thereof, that the violation | 17 | | continues. | 18 | | (2) A permit holder who alters the scope of an approved | 19 | | project or whose
project costs exceed the allowable permit | 20 | | amount without first obtaining
approval from the State | 21 | | Board shall be fined an amount not to exceed the sum of
(i) | 22 | | the lesser of $25,000 or 2% of the approved permit amount | 23 | | and (ii) in those
cases where the approved permit amount is | 24 | | exceeded by more than $1,000,000, an
additional $20,000 for | 25 | | each $1,000,000, or fraction thereof, in excess of the
| 26 | | approved permit amount. |
| | | HB3133 Enrolled | - 15 - | LRB099 09158 JLK 29356 b |
|
| 1 | | (2.5) A permit holder who fails to comply with the | 2 | | post-permit and reporting requirements set forth in | 3 | | Section 5 shall be fined an amount not to exceed $10,000 | 4 | | plus an additional $10,000 for each 30-day period, or | 5 | | fraction thereof, that the violation continues. This fine | 6 | | shall continue to accrue until the date that (i) the | 7 | | post-permit requirements are met and the post-permit | 8 | | reports are received by the State Board or (ii) the matter | 9 | | is referred by the State Board to the State Board's legal | 10 | | counsel. The accrued fine is not waived by the permit | 11 | | holder submitting the required information and reports. | 12 | | Prior to any fine beginning to accrue, the Board shall
| 13 | | notify, in writing, a permit holder of the due date
for the | 14 | | post-permit and reporting requirements no later than 30 | 15 | | days
before the due date for the requirements. This | 16 | | paragraph (2.5) takes
effect 6 months after August 27, 2012 | 17 | | (the effective date of Public Act 97-1115). | 18 | | (3) A person who acquires major medical equipment or | 19 | | who establishes a
category of service without first | 20 | | obtaining a permit or exemption, as the case
may be, shall | 21 | | be fined an amount not to exceed $10,000 for each such
| 22 | | acquisition or category of service established plus an | 23 | | additional $10,000 for
each 30-day period, or fraction | 24 | | thereof, that the violation continues. | 25 | | (4) A person who constructs, modifies, or establishes , | 26 | | or changes ownership of a health care
facility without |
| | | HB3133 Enrolled | - 16 - | LRB099 09158 JLK 29356 b |
|
| 1 | | first obtaining a permit or exemption shall be fined an | 2 | | amount not to
exceed $25,000 plus an additional $25,000 for | 3 | | each 30-day period, or fraction
thereof, that the violation | 4 | | continues. | 5 | | (5) A person who discontinues a health care facility or | 6 | | a category of
service without first obtaining a permit or | 7 | | exemption shall be fined an amount not to exceed
$10,000 | 8 | | plus an additional $10,000 for each 30-day period, or | 9 | | fraction thereof,
that the violation continues. For | 10 | | purposes of this subparagraph (5), facilities licensed | 11 | | under the Nursing Home Care Act or the ID/DD Community Care | 12 | | Act, with the exceptions of facilities operated by a county | 13 | | or Illinois Veterans Homes, are exempt from this permit | 14 | | requirement. However, facilities licensed under the | 15 | | Nursing Home Care Act or the ID/DD Community Care Act must | 16 | | comply with Section 3-423 of the Nursing Home Care Act or | 17 | | Section 3-423 of the ID/DD Community Care Act and must | 18 | | provide the Board and the Department of Human Services with | 19 | | 30 days' written notice of its intent to close.
Facilities | 20 | | licensed under the ID/DD Community Care Act also must | 21 | | provide the Board and the Department of Human Services with | 22 | | 30 days' written notice of its intent to reduce the number | 23 | | of beds for a facility. | 24 | | (6) A person subject to this Act who fails to provide | 25 | | information
requested by the State Board or Agency within | 26 | | 30 days of a formal written
request shall be fined an |
| | | HB3133 Enrolled | - 17 - | LRB099 09158 JLK 29356 b |
|
| 1 | | amount not to exceed $1,000 plus an additional $1,000
for | 2 | | each 30-day period, or fraction thereof, that the | 3 | | information is not
received by the State Board or Agency. | 4 | | (b-5) The State Board may accept in-kind services instead | 5 | | of or in combination with the imposition of a fine. This | 6 | | authorization is limited to cases where the non-compliant | 7 | | individual or entity has waived the right to an administrative | 8 | | hearing or opportunity to appear before the Board regarding the | 9 | | non-compliant matter. | 10 | | (c) Before imposing any fine authorized under this Section, | 11 | | the State Board
shall afford the person or permit holder, as | 12 | | the case may be, an appearance
before the State Board and an | 13 | | opportunity for a hearing before a hearing
officer appointed by | 14 | | the State Board. The hearing shall be conducted in
accordance | 15 | | with Section 10. Requests for an appearance before the State | 16 | | Board must be made within 30 days after receiving notice that a | 17 | | fine will be imposed. | 18 | | (d) All fines collected under this Act shall be transmitted | 19 | | to the State
Treasurer, who shall deposit them into the | 20 | | Illinois Health Facilities Planning
Fund. | 21 | | (e) Fines imposed under this Section shall continue to | 22 | | accrue until: (i) the date that the matter is referred by the | 23 | | State Board to the Board's legal counsel; or (ii) the date that | 24 | | the health care facility becomes compliant with the Act, | 25 | | whichever is earlier. | 26 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
| | | HB3133 Enrolled | - 18 - | LRB099 09158 JLK 29356 b |
|
| 1 | | eff. 7-13-12; 97-980, eff. 8-17-12; 97-1115, eff. 8-27-12; | 2 | | 98-463, eff. 8-16-13.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law. |
|