Full Text of HB4373 94th General Assembly
HB4373 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4373
Introduced 01/04/06, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
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20 ILCS 3960/4 |
from Ch. 111 1/2, par. 1154 |
20 ILCS 3960/4.2 |
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20 ILCS 3960/5 |
from Ch. 111 1/2, par. 1155 |
20 ILCS 3960/19.6 |
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Amends the Illinois Health Facilities Planning Act. Requires a State Board member of the Health
Facilities Planning Board to disqualify himself or herself from the
consideration of any application for a permit or
exemption in which the State Board member or the State Board member's spouse,
parent, or child is employed by, serves as a consultant for, or is a member of the governing board of a person that the member knows, or upon reasonable inquiry should know, has an interest or seeks an interest with respect to the planning, financing, construction, or management of the matter for which a permit or exemption is sought. In a Section defining ex parte communications of State Board members, provides that statements publicly made in a meeting open to the public are not considered ex parte communications. Provides that construction or modification of a
health care facility for (i) the establishment of swing beds authorized under Title XVIII of the federal Social Security Act or (ii) certain changes in bed capacity at a health care facility that increase the total number of beds by more than 20 beds (now, 10 beds) or more than 10% of the total bed capacity does not require a permit or exemption by the State Board. Provides that the Act is repealed on July 1, 2011 (now, repealed July 1, 2006). Effective immediately.
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A BILL FOR
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HB4373 |
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LRB094 16767 RSP 52038 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Health Facilities Planning Act is | 5 |
| amended by changing Sections 4, 4.2, 5, and 19.6 as follows:
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| (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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| (Section scheduled to be repealed on July 1, 2006)
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| Sec. 4. Health Facilities Planning Board; membership; | 9 |
| appointment; term;
compensation; quorum. There is created the | 10 |
| Health
Facilities Planning Board, which
shall perform the | 11 |
| functions described in this
Act.
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| The State Board shall consist of 5 voting members. Each | 13 |
| member shall have a reasonable knowledge of health planning, | 14 |
| health finance, or health care at the time of his or her | 15 |
| appointment. No person shall be appointed or continue to serve | 16 |
| as a member of the State Board who is, or whose spouse, parent, | 17 |
| or child is, a member of the Board of Directors of, has a | 18 |
| financial interest in, or has a business relationship with a | 19 |
| health care facility. | 20 |
| Notwithstanding any provision of this Section to the | 21 |
| contrary, the term of
office of each member of the State Board | 22 |
| is abolished on the effective date of
this
amendatory Act of | 23 |
| the 93rd General Assembly and those members no longer hold | 24 |
| office.
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| The State Board shall be appointed by the Governor, with | 26 |
| the advice
and consent of the Senate. Not more than 3 of the
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| appointments shall be of the same political party at the time | 28 |
| of the appointment.
No person shall be appointed as a State | 29 |
| Board member if that person has
served, after the effective | 30 |
| date of Public Act 93-41, 2 3-year terms as a State Board | 31 |
| member, except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Healthcare |
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| and Family Services
Public Aid , and
the Director of Public | 2 |
| Health, or their designated representatives,
shall serve as | 3 |
| ex-officio, non-voting members of the State Board.
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| Of those members initially appointed by the Governor under | 5 |
| this
amendatory Act of the 93rd General Assembly, 2 shall serve | 6 |
| for terms expiring
July 1, 2005, 2 shall serve for terms | 7 |
| expiring July 1, 2006, and 1 shall serve
for a term expiring | 8 |
| July 1, 2007. Thereafter, each
appointed member shall
hold | 9 |
| office for a term of 3 years, provided that any member
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| appointed to fill a vacancy
occurring prior to the expiration | 11 |
| of the
term for which his or her predecessor was appointed | 12 |
| shall be appointed for the
remainder of such term and the term | 13 |
| of office of each successor shall
commence on July 1 of the | 14 |
| year in which his predecessor's term expires. Each
member | 15 |
| appointed after the effective date of this amendatory Act of | 16 |
| the 93rd General Assembly shall hold office until his or her | 17 |
| successor is appointed and qualified.
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| State Board members, while serving on business of the State | 19 |
| Board,
shall receive actual and necessary travel and | 20 |
| subsistence expenses while
so serving away from their places
of | 21 |
| residence.
A member of the State Board who experiences a | 22 |
| significant financial hardship
due to the loss of income on | 23 |
| days of attendance at meetings or while otherwise
engaged in | 24 |
| the business of the State Board may be paid a hardship | 25 |
| allowance, as
determined by and subject to the approval of the | 26 |
| Governor's Travel Control
Board.
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| The Governor shall designate one of the members to serve as | 28 |
| Chairman
and shall name as full-time
Executive Secretary of the | 29 |
| State
Board, a person qualified in health care facility | 30 |
| planning and in
administration. The Agency shall provide | 31 |
| administrative and staff
support for the State Board. The State | 32 |
| Board shall advise the Director
of its budgetary and staff | 33 |
| needs and consult with the Director on annual
budget | 34 |
| preparation.
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| The State Board shall meet at least once each quarter, or | 36 |
| as often as
the Chairman of the State Board deems necessary, or |
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| upon the request of
a majority of the members.
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Three members of the State Board shall constitute a | 3 |
| quorum.
The affirmative vote of 3 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.
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| A State Board member shall disqualify himself or herself | 10 |
| from the
consideration of any application for a permit or
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| exemption in which the State Board member or the State Board | 12 |
| member's spouse,
parent, or child: (i) has
an economic interest | 13 |
| in the matter; or (ii) is employed by, serves as a
consultant | 14 |
| for, or is a member of the
governing board of the applicant or | 15 |
| a party opposing the application ; or (iii) is employed by, | 16 |
| serves as a consultant for, or is a member of the governing | 17 |
| board of a person the member knows, or upon reasonable inquiry | 18 |
| should know, has an interest or seeks an interest with respect | 19 |
| to the planning, financing, construction, or management of the | 20 |
| matter for which a permit or exemption is sought .
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| (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04; revised | 22 |
| 12-15-05.)
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| (20 ILCS 3960/4.2)
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| (Section scheduled to be repealed on July 1, 2006)
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| Sec. 4.2. Ex parte communications.
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| (a) Except in the disposition of matters that agencies are | 27 |
| authorized by law
to entertain or dispose of on an ex parte | 28 |
| basis including, but not limited to
rule making, the State | 29 |
| Board, any State Board member, employee, or a hearing
officer | 30 |
| shall not engage in ex parte communication
in connection with | 31 |
| the substance of any pending or impending application for
a | 32 |
| permit with any person or party or the representative of any | 33 |
| party. This subsection (a) applies when the Board, member, | 34 |
| employee, or hearing officer knows, or should know upon | 35 |
| reasonable inquiry, that the application is pending or |
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| impending.
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| (b) A State Board member or employee may communicate with | 3 |
| other
members or employees and any State Board member or | 4 |
| hearing
officer may have the aid and advice of one or more | 5 |
| personal assistants.
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| (c) An ex parte communication received by the State Board, | 7 |
| any State
Board member, employee, or a hearing officer shall be | 8 |
| made a part of the record
of the
matter, including all written | 9 |
| communications, all written
responses to the communications, | 10 |
| and a memorandum stating the substance of all
oral | 11 |
| communications and all responses made and the identity of each | 12 |
| person from
whom the ex parte communication was received.
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| (d) "Ex parte communication" means a communication between | 14 |
| a person who is
not a State Board member or employee and a
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| State Board member or
employee
that reflects on the substance | 16 |
| of a pending or impending State Board proceeding and that
takes
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| place outside the record of the proceeding. Communications | 18 |
| regarding matters
of procedure and practice, such as the format | 19 |
| of pleading, number of copies
required, manner of service, and | 20 |
| status of proceedings, are not considered ex
parte | 21 |
| communications. Statements publicly made in a meeting open to | 22 |
| the public are not considered ex parte communications. | 23 |
| Technical assistance with respect to an application, not
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| intended to influence any decision on the application, may be | 25 |
| provided by
employees to the applicant. Any assistance shall be | 26 |
| documented in writing by
the applicant and employees within 10 | 27 |
| business days after the assistance is
provided.
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| (e) For purposes of this Section, "employee" means
a person | 29 |
| the State Board or the Agency employs on a full-time, | 30 |
| part-time,
contract, or intern
basis.
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| (f) The State Board, State Board member, or hearing | 32 |
| examiner presiding
over the proceeding, in the event of a | 33 |
| violation of this Section, must take
whatever action is | 34 |
| necessary to ensure that the violation does not prejudice
any | 35 |
| party or adversely affect the fairness of the proceedings.
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| (g) Nothing in this Section shall be construed to prevent |
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LRB094 16767 RSP 52038 b |
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| the State Board or
any member of the State Board from | 2 |
| consulting with the attorney for the State
Board.
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| (Source: P.A. 93-889, eff. 8-9-04.)
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| (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
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| (Section scheduled to be repealed on July 1, 2006)
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| Sec. 5. After effective dates set by the State Board,
no | 7 |
| person shall construct, modify or establish a
health care | 8 |
| facility or acquire major medical equipment without first
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| obtaining a permit or exemption from the State
Board. The State | 10 |
| Board shall not delegate to the Executive Secretary of
the | 11 |
| State Board or any other person or entity the authority to | 12 |
| grant
permits or exemptions whenever the Executive Secretary or | 13 |
| other person or
entity would be required to exercise any | 14 |
| discretion affecting the decision
to grant a permit or | 15 |
| exemption. The State Board shall set effective
dates applicable | 16 |
| to all or to
each classification or category of health care | 17 |
| facilities and applicable
to all or each type of transaction | 18 |
| for which a permit is required.
Varying effective dates may be | 19 |
| set, providing the date or dates so set
shall apply uniformly | 20 |
| statewide.
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| Notwithstanding any effective dates established by this | 22 |
| Act or by the
State Board, no person shall be required to | 23 |
| obtain a permit for any
purpose under this Act until the State | 24 |
| health facilities plan referred
to in paragraph (4) of Section | 25 |
| 12 of this Act has been approved and
adopted by the State Board | 26 |
| subsequent to public hearings having been
held thereon.
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| A permit or exemption shall be obtained prior to the | 28 |
| acquisition
of major medical equipment or to the construction | 29 |
| or modification of a
health care facility which:
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| (a) requires a total capital expenditure in excess of | 31 |
| the capital
expenditure
minimum; or
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| (b) except for the establishment of swing beds | 33 |
| authorized under Title XVIII of the federal Social Security | 34 |
| Act, substantially changes the scope or changes the | 35 |
| functional operation
of the facility; or
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| (c) changes the bed capacity of a health care facility | 2 |
| by increasing the
total number of beds or by distributing | 3 |
| beds among
various categories of service or by relocating | 4 |
| beds from one physical facility
or site to another by more | 5 |
| than 20
10 beds or more than 10% of total bed
capacity as | 6 |
| defined by the
State Board, whichever is less, over a 2 | 7 |
| year period.
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| A permit shall be valid only for the defined construction | 9 |
| or modifications,
site, amount and person named in the | 10 |
| application for such permit and
shall not be transferable or | 11 |
| assignable. A permit shall be valid until such
time as the | 12 |
| project has been completed,
provided that (a) obligation of the | 13 |
| project occurs within 12 months following
issuance of the | 14 |
| permit except for major construction projects such obligation
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| must
occur within 18 months following issuance of the permit; | 16 |
| and (b) the project
commences and proceeds to completion with | 17 |
| due diligence. Major construction
projects, for the purposes of | 18 |
| this Act, shall include but are not limited
to: projects for | 19 |
| the construction of new buildings; additions to existing
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| facilities; modernization projects
whose cost is in excess of | 21 |
| $1,000,000 or 10% of the facilities' operating
revenue, | 22 |
| whichever is less; and such other projects as the State Board | 23 |
| shall
define and prescribe pursuant to this Act. The State | 24 |
| Board may extend the
obligation period upon a showing of good | 25 |
| cause by the permit holder. Permits
for projects that have not | 26 |
| been obligated within the prescribed obligation
period shall | 27 |
| expire on the last day of that period.
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| Persons who otherwise would be required to obtain a permit | 29 |
| shall be exempt
from such requirement if the State Board finds | 30 |
| that with respect to
establishing
a new facility or | 31 |
| construction of new buildings or additions or modifications
to | 32 |
| an existing facility, final plans and specifications for such | 33 |
| work have
prior to October 1, 1974, been submitted to and | 34 |
| approved by the Department
of Public Health in accordance with | 35 |
| the requirements of applicable laws.
Such exemptions shall be | 36 |
| null and void after December 31, 1979 unless binding
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| construction contracts were signed prior to December 1, 1979 | 2 |
| and unless
construction has commenced prior to December 31, | 3 |
| 1979. Such exemptions
shall be valid until such time as the | 4 |
| project has been completed
provided that the project proceeds | 5 |
| to completion with due diligence.
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| The acquisition by any person of major medical equipment | 7 |
| that will not
be owned by or located in a health care facility | 8 |
| and that will not be used
to provide services to inpatients of | 9 |
| a health care facility shall be exempt
from review provided | 10 |
| that a notice is filed in accordance with exemption
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| requirements.
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| Notwithstanding any other provision of this Act, no permit | 13 |
| or exemption is
required for the construction or modification | 14 |
| of a non-clinical service area
of a health care facility.
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| (Source: P.A. 91-782, eff. 6-9-00 .)
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| (20 ILCS 3960/19.6)
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| (Section scheduled to be repealed on July 1, 2006)
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| Sec. 19.6. Repeal. This Act is repealed on July 1, 2011
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| 2006 .
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| (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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