Full Text of HB4431 101st General Assembly
HB4431 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4431 Introduced 2/3/2020, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
| |
Amends the Illinois Health Facilities Planning Act. Provides a fine for a permit or exemption holder who fails to comply with specified requirements of the Illinois Administrative Code. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB4431 | | LRB101 18771 RJF 68226 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 Section 14.1 as follows:
| 6 | | (20 ILCS 3960/14.1)
| 7 | | (Section scheduled to be repealed on December 31, 2029) | 8 | | Sec. 14.1. Denial of permit; other sanctions. | 9 | | (a) The State Board may deny an application for a permit or | 10 | | may revoke or
take other action as permitted by this Act with | 11 | | regard to a permit as the State
Board deems appropriate, | 12 | | including the imposition of fines as set forth in this
Section, | 13 | | for any one or a combination of the following: | 14 | | (1) The acquisition of major medical equipment without | 15 | | a permit or in
violation of the terms of a permit. | 16 | | (2) The establishment, construction, modification, or | 17 | | change of ownership of a health care
facility without a | 18 | | permit or exemption or in violation of the terms of a | 19 | | permit. | 20 | | (3) The violation of any provision of this Act or any | 21 | | rule adopted
under this Act. | 22 | | (4) The failure, by any person subject to this Act, to | 23 | | provide information
requested by the State Board or Agency |
| | | HB4431 | - 2 - | LRB101 18771 RJF 68226 b |
|
| 1 | | within 30 days after a formal written
request for the | 2 | | information. | 3 | | (5) The failure to pay any fine imposed under this | 4 | | Section within 30 days
of its imposition. | 5 | | (a-5) For facilities licensed under the ID/DD Community | 6 | | Care Act, no permit shall be denied on the basis of prior | 7 | | operator history, other than for actions specified under item | 8 | | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | 9 | | Act. For facilities licensed under the MC/DD Act, no permit | 10 | | shall be denied on the basis of prior operator history, other | 11 | | than for actions specified under item (2), (4), or (5) of | 12 | | Section 3-117 of the MC/DD Act. For facilities licensed under | 13 | | the Specialized Mental Health Rehabilitation Act of 2013, no | 14 | | permit shall be denied on the basis of prior operator history, | 15 | | other than for actions specified under subsections (a) and (b) | 16 | | of Section 4-109 of the Specialized Mental Health | 17 | | Rehabilitation Act of 2013. For facilities licensed under the | 18 | | Nursing Home Care Act, no permit shall be denied on the basis | 19 | | of prior operator history, other than for: (i) actions | 20 | | specified under item (2), (3), (4), (5), or (6) of Section | 21 | | 3-117 of the Nursing Home Care Act; (ii) actions specified | 22 | | under item (a)(6) of Section 3-119 of the Nursing Home Care | 23 | | Act; or (iii) actions within the preceding 5 years constituting | 24 | | a substantial and repeated failure to comply with the Nursing | 25 | | Home Care Act or the rules and regulations adopted by the | 26 | | Department under that Act. The State Board shall not deny a |
| | | HB4431 | - 3 - | LRB101 18771 RJF 68226 b |
|
| 1 | | permit on account of any action described in this subsection | 2 | | (a-5) without also considering all such actions in the light of | 3 | | all relevant information available to the State Board, | 4 | | including whether the permit is sought to substantially comply | 5 | | with a mandatory or voluntary plan of correction associated | 6 | | with any action described in this subsection (a-5).
| 7 | | (b) Persons shall be subject to fines as follows: | 8 | | (1) A permit holder who fails to comply with the | 9 | | requirements of
maintaining a valid permit shall be fined | 10 | | an amount not to exceed 1% of the
approved permit amount | 11 | | plus an additional 1% of the approved permit amount for
| 12 | | each 30-day period, or fraction thereof, that the violation | 13 | | continues. | 14 | | (2) A permit holder who alters the scope of an approved | 15 | | project or whose
project costs exceed the allowable permit | 16 | | amount without first obtaining
approval from the State | 17 | | Board shall be fined an amount not to exceed the sum of
(i) | 18 | | the lesser of $25,000 or 2% of the approved permit amount | 19 | | and (ii) in those
cases where the approved permit amount is | 20 | | exceeded by more than $1,000,000, an
additional $20,000 for | 21 | | each $1,000,000, or fraction thereof, in excess of the
| 22 | | approved permit amount. | 23 | | (2.5) A permit or exemption holder who fails to comply | 24 | | with the post-permit and reporting requirements set forth | 25 | | in Sections 5 and 8.5 of this Act, or as set forth in | 26 | | Section 1130.570 of Title 77 of the Illinois Administrative |
| | | HB4431 | - 4 - | LRB101 18771 RJF 68226 b |
|
| 1 | | Code, shall be fined an amount not to exceed $10,000 plus | 2 | | an additional $10,000 for each 30-day period, or fraction | 3 | | thereof, that the violation continues. The accrued fine is | 4 | | not waived by the permit or exemption holder submitting the | 5 | | required information and reports. Prior to any fine | 6 | | beginning to accrue, the Board shall
notify, in writing, a | 7 | | permit or exemption holder of the due date
for the | 8 | | post-permit and reporting requirements no later than 30 | 9 | | days
before the due date for the requirements. The | 10 | | exemption letter shall serve as the notice for exemptions. | 11 | | (3) A person who acquires major medical equipment or | 12 | | who establishes a
category of service without first | 13 | | obtaining a permit or exemption, as the case
may be, shall | 14 | | be fined an amount not to exceed $10,000 for each such
| 15 | | acquisition or category of service established plus an | 16 | | additional $10,000 for
each 30-day period, or fraction | 17 | | thereof, that the violation continues. | 18 | | (4) A person who constructs, modifies, establishes, or | 19 | | changes ownership of a health care
facility without first | 20 | | obtaining a permit or exemption shall be fined an amount | 21 | | not to
exceed $25,000 plus an additional $25,000 for each | 22 | | 30-day period, or fraction
thereof, that the violation | 23 | | continues. | 24 | | (5) A person who discontinues a health care facility or | 25 | | a category of
service without first obtaining a permit or | 26 | | exemption shall be fined an amount not to exceed
$10,000 |
| | | HB4431 | - 5 - | LRB101 18771 RJF 68226 b |
|
| 1 | | plus an additional $10,000 for each 30-day period, or | 2 | | fraction thereof,
that the violation continues. For | 3 | | purposes of this subparagraph (5), facilities licensed | 4 | | under the Nursing Home Care Act, the ID/DD Community Care | 5 | | Act, or the MC/DD Act, with the exceptions of facilities | 6 | | operated by a county or Illinois Veterans Homes, are exempt | 7 | | from this permit requirement. However, facilities licensed | 8 | | under the Nursing Home Care Act, the ID/DD Community Care | 9 | | Act, or the MC/DD Act must comply with Section 3-423 of the | 10 | | Nursing Home Care Act, Section 3-423 of the ID/DD Community | 11 | | Care Act, or Section 3-423 of the MC/DD Act and must | 12 | | provide the Board and the Department of Human Services with | 13 | | 30 days' written notice of their intent to close.
| 14 | | Facilities licensed under the ID/DD Community Care Act or | 15 | | the MC/DD Act also must provide the Board and the | 16 | | Department of Human Services with 30 days' written notice | 17 | | of their intent to reduce the number of beds for a | 18 | | facility. | 19 | | (6) A person subject to this Act who fails to provide | 20 | | information
requested by the State Board or Agency within | 21 | | 30 days of a formal written
request shall be fined an | 22 | | amount not to exceed $1,000 plus an additional $1,000
for | 23 | | each 30-day period, or fraction thereof, that the | 24 | | information is not
received by the State Board or Agency. | 25 | | (b-5) The State Board may accept in-kind services or | 26 | | donations instead of or in combination with the imposition of a |
| | | HB4431 | - 6 - | LRB101 18771 RJF 68226 b |
|
| 1 | | fine. This authorization is limited to cases where the | 2 | | non-compliant individual or entity has waived the right to an | 3 | | administrative hearing or opportunity to appear before the | 4 | | Board regarding the non-compliant matter. | 5 | | (c) Before imposing any fine authorized under this Section, | 6 | | the State Board
shall afford the person or permit holder, as | 7 | | the case may be, an appearance
before the State Board and an | 8 | | opportunity for a hearing before a hearing
officer appointed by | 9 | | the State Board. The hearing shall be conducted in
accordance | 10 | | with Section 10. Requests for an appearance before the State | 11 | | Board must be made within 30 days after receiving notice that a | 12 | | fine will be imposed. | 13 | | (d) All fines collected under this Act shall be transmitted | 14 | | to the State
Treasurer, who shall deposit them into the | 15 | | Illinois Health Facilities Planning
Fund. | 16 | | (e) Fines imposed under this Section shall continue to | 17 | | accrue until: (i) the date that the matter is referred by the | 18 | | State Board to the Board's legal counsel; or (ii) the date that | 19 | | the health care facility becomes compliant with the Act, | 20 | | whichever is earlier. | 21 | | (Source: P.A. 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; | 22 | | 99-527, eff. 1-1-17; 99-642, eff. 6-28-16; 100-681, eff. | 23 | | 8-3-18 .)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
|
|