Full Text of HB4892 100th General Assembly
HB4892enr 100TH GENERAL ASSEMBLY |
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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 4, 4.2, 5, 5.2, 5.3, 6, 6.2, 7, | 6 | | 10, 12, 12.2, 12.3, 12.4, 12.5, 13, and 14.1 as follows:
| 7 | | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
| 8 | | (Section scheduled to be repealed on December 31, 2019)
| 9 | | Sec. 4. Health Facilities and Services Review Board; | 10 | | membership; appointment; term;
compensation; quorum. | 11 | | Notwithstanding any other provision in this Section, members of | 12 | | the State Board holding office on the day before the effective | 13 | | date of this amendatory Act of the 96th General Assembly shall | 14 | | retain their authority. | 15 | | (a) There is created the Health
Facilities and Services | 16 | | Review Board, which
shall perform the functions described in | 17 | | this
Act. The Department shall provide operational support to | 18 | | the Board as necessary, including the provision of office | 19 | | space, supplies, and clerical, financial, and accounting | 20 | | services. The Board may contract for functions or operational | 21 | | support as needed. The Board may also contract with experts | 22 | | related to specific health services or facilities and create | 23 | | technical advisory panels to assist in the development of |
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| 1 | | criteria, standards, and procedures used in the evaluation of | 2 | | applications for permit and exemption.
| 3 | | (b) The Beginning March 1, 2010, the State Board shall | 4 | | consist of 9 voting members. All members shall be residents of | 5 | | Illinois and at least 4 shall reside outside the Chicago | 6 | | Metropolitan Statistical Area. Consideration shall be given to | 7 | | potential appointees who reflect the ethnic and cultural | 8 | | diversity of the State. Neither Board members nor Board staff | 9 | | shall be convicted felons or have pled guilty to a felony. | 10 | | Each member shall have a reasonable knowledge of the | 11 | | practice, procedures and principles of the health care delivery | 12 | | system in Illinois, including at least 5 members who shall be | 13 | | knowledgeable about health care delivery systems, health | 14 | | systems planning, finance, or the management of health care | 15 | | facilities currently regulated under the Act. One member shall | 16 | | be a representative of a non-profit health care consumer | 17 | | advocacy organization. A spouse, parent, sibling, or child of a | 18 | | Board member cannot be an employee, agent, or under contract | 19 | | with services or facilities subject to the Act. Prior to | 20 | | appointment and in the course of service on the Board, members | 21 | | of the Board shall disclose the employment or other financial | 22 | | interest of any other relative of the member, if known, in | 23 | | service or facilities subject to the Act. Members of the Board | 24 | | shall declare any conflict of interest that may exist with | 25 | | respect to the status of those relatives and recuse themselves | 26 | | from voting on any issue for which a conflict of interest is |
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| 1 | | declared. No person shall be appointed or continue to serve as | 2 | | a member of the State Board who is, or whose spouse, parent, | 3 | | sibling, or child is, a member of the Board of Directors of, | 4 | | has a financial interest in, or has a business relationship | 5 | | with a health care facility. | 6 | | Notwithstanding any provision of this Section to the | 7 | | contrary, the term of
office of each member of the State Board | 8 | | serving on the day before the effective date of this amendatory | 9 | | Act of the 96th General Assembly is abolished on the date upon | 10 | | which members of the 9-member Board, as established by this | 11 | | amendatory Act of the 96th General Assembly, have been | 12 | | appointed and can begin to take action as a Board. Members of | 13 | | the State Board serving on the day before the effective date of | 14 | | this amendatory Act of the 96th General Assembly may be | 15 | | reappointed to the 9-member Board. Prior to March 1, 2010, the | 16 | | Health Facilities Planning Board shall establish a plan to | 17 | | transition its powers and duties to the Health Facilities and | 18 | | Services Review Board.
| 19 | | (c) The State Board shall be appointed by the Governor, | 20 | | with the advice
and consent of the Senate. Not more than 5 of | 21 | | the
appointments shall be of the same political party at the | 22 | | time of the appointment.
| 23 | | The Secretary of Human Services, the Director of Healthcare | 24 | | and Family Services, and
the Director of Public Health, or | 25 | | their designated representatives,
shall serve as ex-officio, | 26 | | non-voting members of the State Board.
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| 1 | | (d) Of those 9 members initially appointed by the Governor | 2 | | following the effective date of this
amendatory Act of the 96th | 3 | | General Assembly, 3 shall serve for terms expiring
July 1, | 4 | | 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | 5 | | shall serve
for terms expiring July 1, 2013. Thereafter, each
| 6 | | appointed member shall
hold office for a term of 3 years, | 7 | | provided that any member
appointed to fill a vacancy
occurring | 8 | | prior to the expiration of the
term for which his or her | 9 | | predecessor was appointed shall be appointed for the
remainder | 10 | | of such term and the term of office of each successor shall
| 11 | | commence on July 1 of the year in which his predecessor's term | 12 | | expires. Each
member appointed after the effective date of this | 13 | | amendatory Act of the 96th General Assembly shall hold office | 14 | | until his or her successor is appointed and qualified. The | 15 | | Governor may reappoint a member for additional terms, but no | 16 | | member shall serve more than 3 terms, subject to review and | 17 | | re-approval every 3 years.
| 18 | | (e) State Board members, while serving on business of the | 19 | | State Board,
shall receive actual and necessary travel and | 20 | | subsistence expenses while
so serving away from their places
of | 21 | | residence. Until March 1, 2010, a
member of the State Board who | 22 | | experiences a significant financial hardship
due to the loss of | 23 | | income on days of attendance at meetings or while otherwise
| 24 | | engaged in the business of the State Board may be paid a | 25 | | hardship allowance, as
determined by and subject to the | 26 | | approval of the Governor's Travel Control
Board.
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| 1 | | (f) The Governor shall designate one of the members to | 2 | | serve as the Chairman of the Board, who shall be a person with | 3 | | expertise in health care delivery system planning, finance or | 4 | | management of health care facilities that are regulated under | 5 | | the Act. The Chairman shall annually review Board member | 6 | | performance and shall report the attendance record of each | 7 | | Board member to the General Assembly. | 8 | | (g) The State Board, through the Chairman, shall prepare a | 9 | | separate and distinct budget approved by the General Assembly | 10 | | and shall hire and supervise its own professional staff | 11 | | responsible for carrying out the responsibilities of the Board.
| 12 | | (h) The State Board shall meet at least every 45 days, or | 13 | | as often as
the Chairman of the State Board deems necessary, or | 14 | | upon the request of
a majority of the members.
| 15 | | (i)
Five members of the State Board shall constitute a | 16 | | quorum.
The affirmative vote of 5 of the members of the State | 17 | | Board shall be
necessary for
any action requiring a vote to be | 18 | | taken by the State
Board. A vacancy in the membership of the | 19 | | State Board shall not impair the
right of a quorum to exercise | 20 | | all the rights and perform all the duties of the
State Board as | 21 | | provided by this Act.
| 22 | | (j) A State Board member shall disqualify himself or | 23 | | herself from the
consideration of any application for a permit | 24 | | or
exemption in which the State Board member or the State Board | 25 | | member's spouse,
parent, sibling, or child: (i) has
an economic | 26 | | interest in the matter; or (ii) is employed by, serves as a
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| 1 | | consultant for, or is a member of the
governing board of the | 2 | | applicant or a party opposing the application.
| 3 | | (k) The Chairman, Board members, and Board staff must | 4 | | comply with the Illinois Governmental Ethics Act. | 5 | | (Source: P.A. 99-527, eff. 1-1-17 .)
| 6 | | (20 ILCS 3960/4.2)
| 7 | | (Text of Section before amendment by P.A. 100-518 )
| 8 | | (Section scheduled to be repealed on December 31, 2019)
| 9 | | Sec. 4.2. Ex parte communications.
| 10 | | (a) Except in the disposition of matters that agencies are | 11 | | authorized by law
to entertain or dispose of on an ex parte | 12 | | basis including, but not limited to
rule making, the State | 13 | | Board, any State Board member, employee, or a hearing
officer | 14 | | shall not engage in ex parte communication
in connection with | 15 | | the substance of any formally filed application for
a permit | 16 | | with any person or party or the representative of any party. | 17 | | This subsection (a) applies when the Board, member, employee, | 18 | | or hearing officer knows, or should know upon reasonable | 19 | | inquiry, that the application or exemption has been formally | 20 | | filed with the Board. Nothing in this Section shall prohibit | 21 | | staff members from providing technical assistance to | 22 | | applicants. Nothing in this Section shall prohibit staff from | 23 | | verifying or clarifying an applicant's information as it | 24 | | prepares the Board staff report. Once an application for permit | 25 | | or exemption is filed and deemed complete, a written record of |
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| 1 | | any communication between staff and an applicant shall be | 2 | | prepared by staff and made part of the public record, using a | 3 | | prescribed, standardized format, and shall be included in the | 4 | | application file.
| 5 | | (b) A State Board member or employee may communicate with | 6 | | other
members or employees and any State Board member or | 7 | | hearing
officer may have the aid and advice of one or more | 8 | | personal assistants.
| 9 | | (c) An ex parte communication received by the State Board, | 10 | | any State
Board member, employee, or a hearing officer shall be | 11 | | made a part of the record
of the
matter, including all written | 12 | | communications, all written
responses to the communications, | 13 | | and a memorandum stating the substance of all
oral | 14 | | communications and all responses made and the identity of each | 15 | | person from
whom the ex parte communication was received.
| 16 | | (d) "Ex parte communication" means a communication between | 17 | | a person who is
not a State Board member or employee and a
| 18 | | State Board member or
employee
that reflects on the substance | 19 | | of a pending or impending State Board proceeding and that
takes
| 20 | | place outside the record of the proceeding. Communications | 21 | | regarding matters
of procedure and practice, such as the format | 22 | | of pleading, number of copies
required, manner of service, and | 23 | | status of proceedings, are not considered ex
parte | 24 | | communications. Technical assistance with respect to an | 25 | | application, not
intended to influence any decision on the | 26 | | application, may be provided by
employees to the applicant. Any |
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| 1 | | assistance shall be documented in writing by
the applicant and | 2 | | employees within 10 business days after the assistance is
| 3 | | provided.
| 4 | | (e) For purposes of this Section, "employee" means
a person | 5 | | the State Board or the Agency employs on a full-time, | 6 | | part-time,
contract, or intern
basis.
| 7 | | (f) The State Board, State Board member, or hearing | 8 | | examiner presiding
over the proceeding, in the event of a | 9 | | violation of this Section, must take
whatever action is | 10 | | necessary to ensure that the violation does not prejudice
any | 11 | | party or adversely affect the fairness of the proceedings.
| 12 | | (g) Nothing in this Section shall be construed to prevent | 13 | | the State Board or
any member of the State Board from | 14 | | consulting with the attorney for the State
Board.
| 15 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 16 | | (Text of Section after amendment by P.A. 100-518 )
| 17 | | (Section scheduled to be repealed on December 31, 2019)
| 18 | | Sec. 4.2. Ex parte communications.
| 19 | | (a) Except in the disposition of matters that agencies are | 20 | | authorized by law
to entertain or dispose of on an ex parte | 21 | | basis including, but not limited to
rule making, the State | 22 | | Board, any State Board member, employee, or a hearing
officer | 23 | | shall not engage in ex parte communication
in connection with | 24 | | the substance of any formally filed application for
a permit | 25 | | with any person or party or the representative of any party. |
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| 1 | | This subsection (a) applies when the Board, member, employee, | 2 | | or hearing officer knows, or should know upon reasonable | 3 | | inquiry, that the application or exemption has been formally | 4 | | filed with the Board. Nothing in this Section shall prohibit | 5 | | staff members from providing technical assistance to | 6 | | applicants. Nothing in this Section shall prohibit staff from | 7 | | verifying or clarifying an applicant's information as it | 8 | | prepares the State Board Staff Report. Once an application for | 9 | | permit or exemption is filed and deemed complete, a written | 10 | | record of any communication between staff and an applicant | 11 | | shall be prepared by staff and made part of the public record, | 12 | | using a prescribed, standardized format, and shall be included | 13 | | in the application file.
| 14 | | (b) A State Board member or employee may communicate with | 15 | | other
members or employees and any State Board member or | 16 | | hearing
officer may have the aid and advice of one or more | 17 | | personal assistants.
| 18 | | (c) An ex parte communication received by the State Board, | 19 | | any State
Board member, employee, or a hearing officer shall be | 20 | | made a part of the record
of the
matter, including all written | 21 | | communications, all written
responses to the communications, | 22 | | and a memorandum stating the substance of all
oral | 23 | | communications and all responses made and the identity of each | 24 | | person from
whom the ex parte communication was received.
| 25 | | (d) "Ex parte communication" means a communication between | 26 | | a person who is
not a State Board member or employee and a
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| 1 | | State Board member or
employee
that reflects on the substance | 2 | | of a pending or impending State Board proceeding and that
takes
| 3 | | place outside the record of the proceeding. Communications | 4 | | regarding matters
of procedure and practice, such as the format | 5 | | of pleading, number of copies
required, manner of service, and | 6 | | status of proceedings, are not considered ex
parte | 7 | | communications. Technical assistance with respect to an | 8 | | application, not
intended to influence any decision on the | 9 | | application, may be provided by
employees to the applicant. Any | 10 | | assistance shall be documented in writing by
the applicant and | 11 | | employees within 10 business days after the assistance is
| 12 | | provided.
| 13 | | (e) For purposes of this Section, "employee" means
a person | 14 | | the State Board or the Agency employs on a full-time, | 15 | | part-time,
contract, or intern
basis.
| 16 | | (f) The State Board, State Board member, or hearing | 17 | | examiner presiding
over the proceeding, in the event of a | 18 | | violation of this Section, must take
whatever action is | 19 | | necessary to ensure that the violation does not prejudice
any | 20 | | party or adversely affect the fairness of the proceedings.
| 21 | | (g) Nothing in this Section shall be construed to prevent | 22 | | the State Board or
any member of the State Board from | 23 | | consulting with the attorney for the State
Board.
| 24 | | (Source: P.A. 100-518, eff. 6-1-18.)
| 25 | | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
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| 1 | | (Text of Section before amendment by P.A. 100-518 )
| 2 | | (Section scheduled to be repealed on December 31, 2019)
| 3 | | Sec. 5. Construction, modification, or establishment of | 4 | | health care facilities or acquisition of major medical | 5 | | equipment; permits or exemptions. No person shall construct, | 6 | | modify or establish a
health care facility or acquire major | 7 | | medical equipment without first
obtaining a permit or exemption | 8 | | from the State
Board. The State Board shall not delegate to the | 9 | | staff of
the State Board or any other person or entity the | 10 | | authority to grant
permits or exemptions whenever the staff or | 11 | | other person or
entity would be required to exercise any | 12 | | discretion affecting the decision
to grant a permit or | 13 | | exemption. The State Board may, by rule, delegate authority to | 14 | | the Chairman to grant permits or exemptions when applications | 15 | | meet all of the State Board's review criteria and are | 16 | | unopposed.
| 17 | | A permit or exemption shall be obtained prior to the | 18 | | acquisition
of major medical equipment or to the construction | 19 | | or modification of a
health care facility which:
| 20 | | (a) requires a total capital expenditure in excess of | 21 | | the capital
expenditure
minimum; or
| 22 | | (b) substantially changes the scope or changes the | 23 | | functional operation
of the facility; or
| 24 | | (c) changes the bed capacity of a health care facility | 25 | | by increasing the
total number of beds or by distributing | 26 | | beds among
various categories of service or by relocating |
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| 1 | | beds from one physical facility
or site to another by more | 2 | | than 20 beds or more than 10% of total bed
capacity as | 3 | | defined by the
State Board, whichever is less, over a | 4 | | 2-year 2 year period.
| 5 | | A permit shall be valid only for the defined construction | 6 | | or modifications,
site, amount and person named in the | 7 | | application for such permit and
shall not be transferable or | 8 | | assignable . The State Board may approve the transfer of an | 9 | | existing permit without regard to whether the permit to be | 10 | | transferred has yet been financially committed, except for | 11 | | permits to establish a new facility or category of service. A | 12 | | permit shall be valid until such
time as the project has been | 13 | | completed,
provided that the project
commences and proceeds to | 14 | | completion with due diligence by the completion date or | 15 | | extension date approved by the Board. | 16 | | A permit holder must do the following: (i) submit the final | 17 | | completion and cost report for the project within 90 days after | 18 | | the approved project completion date or extension date and (ii) | 19 | | submit annual progress reports no earlier than 30 days before | 20 | | and no later than 30 days after each anniversary date of the | 21 | | Board's approval of the permit until the project is completed. | 22 | | To maintain a valid permit and to monitor progress toward | 23 | | project commencement and completion, routine post-permit | 24 | | reports shall be limited to annual progress reports and the | 25 | | final completion and cost report. Annual progress reports shall | 26 | | include information regarding the committed funds expended |
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| 1 | | toward the approved project. For projects to be completed in 12 | 2 | | months or fewer, the permit holder shall report financial | 3 | | commitment in the final completion and cost report. For | 4 | | projects to be completed between 12 to 24 months, the permit | 5 | | holder shall report financial commitment in the first annual | 6 | | report. For projects to be completed in more than 24 months the | 7 | | permit holder shall report financial commitment in the second | 8 | | annual progress report. The If the project is not completed in | 9 | | one year, then, by the second annual report, the permit holder | 10 | | shall expend 33% or more of the total project cost or shall | 11 | | make a commitment to expend 33% or more of the total project | 12 | | cost by signed contracts or other legal means, and the report | 13 | | shall contain information regarding those expenditures and or | 14 | | financial commitments. If the project is to be completed in one | 15 | | year, then the first annual report shall contain the | 16 | | expenditure commitment information for the total project cost. | 17 | | The State Board may extend the expenditure commitment period | 18 | | after considering a permit holder's showing of good cause and | 19 | | request for additional time to complete the project. | 20 | | The Certificate of Need process required under this Act is | 21 | | designed to restrain rising health care costs by preventing | 22 | | unnecessary construction or modification of health care | 23 | | facilities. The Board must assure that the establishment, | 24 | | construction, or modification of a health care facility or the | 25 | | acquisition of major medical equipment is consistent with the | 26 | | public interest and that the proposed project is consistent |
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| 1 | | with the orderly and economic development or acquisition of | 2 | | those facilities and equipment and is in accord with the | 3 | | standards, criteria, or plans of need adopted and approved by | 4 | | the Board. Board decisions regarding the construction of health | 5 | | care facilities must consider capacity, quality, value, and | 6 | | equity. Projects may deviate from the costs, fees, and expenses | 7 | | provided in their project cost information for the project's | 8 | | cost components, provided that the final total project cost | 9 | | does not exceed the approved permit amount. Project alterations | 10 | | shall not increase the total approved permit amount by more | 11 | | than the limit set forth under the Board's rules. | 12 | | Major construction
projects, for the purposes of this Act, | 13 | | shall include but are not limited
to: projects for the | 14 | | construction of new buildings; additions to existing
| 15 | | facilities; modernization projects
whose cost is in excess of | 16 | | $1,000,000 or 10% of the facilities' operating
revenue, | 17 | | whichever is less; and such other projects as the State Board | 18 | | shall
define and prescribe pursuant to this Act.
| 19 | | The acquisition by any person of major medical equipment | 20 | | that will not
be owned by or located in a health care facility | 21 | | and that will not be used
to provide services to inpatients of | 22 | | a health care facility shall be exempt
from review provided | 23 | | that a notice is filed in accordance with exemption
| 24 | | requirements.
| 25 | | Notwithstanding any other provision of this Act, no permit | 26 | | or exemption is
required for the construction or modification |
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| 1 | | of a non-clinical service area
of a health care facility.
| 2 | | (Source: P.A. 97-1115, eff. 8-27-12; 98-414, eff. 1-1-14.)
| 3 | | (Text of Section after amendment by P.A. 100-518 )
| 4 | | (Section scheduled to be repealed on December 31, 2019)
| 5 | | Sec. 5. Construction, modification, or establishment of | 6 | | health care facilities or acquisition of major medical | 7 | | equipment; permits or exemptions. No person shall construct, | 8 | | modify or establish a
health care facility or acquire major | 9 | | medical equipment without first
obtaining a permit or exemption | 10 | | from the State
Board. The State Board shall not delegate to the | 11 | | staff of
the State Board or any other person or entity the | 12 | | authority to grant
permits or exemptions whenever the staff 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 may, by rule, delegate authority to | 16 | | the Chairman to grant permits or exemptions when applications | 17 | | meet all of the State Board's review criteria and are | 18 | | unopposed.
| 19 | | A permit or exemption shall be obtained prior to the | 20 | | acquisition
of major medical equipment or to the construction | 21 | | or modification of a
health care facility which:
| 22 | | (a) requires a total capital expenditure in excess of | 23 | | the capital
expenditure
minimum; or
| 24 | | (b) substantially changes the scope or changes the | 25 | | functional operation
of the facility; or
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| 1 | | (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 beds or more than 10% of total bed
capacity as | 6 | | defined by the
State Board, whichever is less, over a | 7 | | 2-year 2 year period.
| 8 | | 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 . The State Board may approve the transfer of an | 12 | | existing permit without regard to whether the permit to be | 13 | | transferred has yet been financially committed, except for | 14 | | permits to establish a new facility or category of service. A | 15 | | permit shall be valid until such
time as the project has been | 16 | | completed,
provided that the project
commences and proceeds to | 17 | | completion with due diligence by the completion date or | 18 | | extension date approved by the Board. | 19 | | A permit holder must do the following: (i) submit the final | 20 | | completion and cost report for the project within 90 days after | 21 | | the approved project completion date or extension date and (ii) | 22 | | submit annual progress reports no earlier than 30 days before | 23 | | and no later than 30 days after each anniversary date of the | 24 | | Board's approval of the permit until the project is completed. | 25 | | To maintain a valid permit and to monitor progress toward | 26 | | project commencement and completion, routine post-permit |
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| 1 | | reports shall be limited to annual progress reports and the | 2 | | final completion and cost report. Annual progress reports shall | 3 | | include information regarding the committed funds expended | 4 | | toward the approved project. For projects to be completed in 12 | 5 | | months or less, the permit holder shall report financial | 6 | | commitment in the final completion and cost report. For | 7 | | projects to be completed between 12 to 24 months, the permit | 8 | | holder shall report financial commitment in the first annual | 9 | | report. For projects to be completed in more than 24 months, | 10 | | the permit holder shall report financial commitment in the | 11 | | second annual progress report. The report shall contain | 12 | | information regarding financial commitment expenditures and | 13 | | financial or commitments. The State Board may extend the | 14 | | financial commitment period after considering a permit | 15 | | holder's showing of good cause and request for additional time | 16 | | to complete the project. | 17 | | The Certificate of Need process required under this Act is | 18 | | designed to restrain rising health care costs by preventing | 19 | | unnecessary construction or modification of health care | 20 | | facilities. The Board must assure that the establishment, | 21 | | construction, or modification of a health care facility or the | 22 | | acquisition of major medical equipment is consistent with the | 23 | | public interest and that the proposed project is consistent | 24 | | with the orderly and economic development or acquisition of | 25 | | those facilities and equipment and is in accord with the | 26 | | standards, criteria, or plans of need adopted and approved by |
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| 1 | | the Board. Board decisions regarding the construction of health | 2 | | care facilities must consider capacity, quality, value, and | 3 | | equity. Projects may deviate from the costs, fees, and expenses | 4 | | provided in their project cost information for the project's | 5 | | cost components, provided that the final total project cost | 6 | | does not exceed the approved permit amount. Project alterations | 7 | | shall not increase the total approved permit amount by more | 8 | | than the limit set forth under the Board's rules. | 9 | | Major construction
projects, for the purposes of this Act, | 10 | | shall include but are not limited
to: projects for the | 11 | | construction of new buildings; additions to existing
| 12 | | facilities; modernization projects
whose cost is in excess of | 13 | | $1,000,000 or 10% of the facilities' operating
revenue, | 14 | | whichever is less; and such other projects as the State Board | 15 | | shall
define and prescribe pursuant to this Act.
| 16 | | The acquisition by any person of major medical equipment | 17 | | that will not
be owned by or located in a health care facility | 18 | | and that will not be used
to provide services to inpatients of | 19 | | a health care facility shall be exempt
from review provided | 20 | | that a notice is filed in accordance with exemption
| 21 | | requirements.
| 22 | | Notwithstanding any other provision of this Act, no permit | 23 | | or exemption is
required for the construction or modification | 24 | | of a non-clinical service area
of a health care facility.
| 25 | | (Source: P.A. 100-518, eff. 6-1-18.)
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| 1 | | (20 ILCS 3960/5.2)
| 2 | | (Section scheduled to be repealed on December 31, 2019)
| 3 | | Sec. 5.2.
No After the effective date of this amendatory | 4 | | Act of the 91st
General Assembly, no person shall establish, | 5 | | construct, or modify an
institution, place, building, or room | 6 | | used for the performance of outpatient
surgical procedures that | 7 | | is leased, owned, or operated by or on behalf of an
| 8 | | out-of-state facility without first obtaining a permit from the | 9 | | State Board.
| 10 | | (Source: P.A. 91-782, eff. 6-9-00 .)
| 11 | | (20 ILCS 3960/5.3)
| 12 | | (Section scheduled to be repealed on December 31, 2019)
| 13 | | Sec. 5.3. Annual report of capital expenditures. | 14 | | (a) In addition to the
State Board's
authority to require | 15 | | reports,
the State Board shall require each health care | 16 | | facility to
submit an annual report of all capital expenditures | 17 | | in excess of $200,000
(which shall be annually adjusted to | 18 | | reflect the increase in construction costs
due to inflation) | 19 | | made by the health care facility during the most recent year.
| 20 | | This annual report shall consist of a brief description of the | 21 | | capital
expenditure, the amount and method of financing the | 22 | | capital expenditure,
the certificate of need project number if | 23 | | the project was reviewed, and the
total amount of capital | 24 | | expenditures financially committed obligated for the year.
| 25 | | Data collected from health care facilities pursuant to this |
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| 1 | | Section shall
not duplicate or overlap other
data collected by | 2 | | the Department and must be collected as part of the State | 3 | | Board's
Annual
Questionnaires or supplements for health care | 4 | | facilities that report these
data.
| 5 | | (b)(1) For the purposes of this subsection (b), "capital | 6 | | expenditures" means only expenditures required under | 7 | | subsection (a) for the erection, building, alteration, | 8 | | reconstruction, modernization, improvement, extension, or | 9 | | demolition of or by a hospital. | 10 | | (2) If a hospital under the University of Illinois Hospital | 11 | | Act or Hospital Licensing Act that has more than 100 beds | 12 | | reports capital expenditures at or above the amount required | 13 | | under subsection (a), then the hospital shall also meet the | 14 | | reporting requirements under this subsection (b) for | 15 | | female-owned, minority-owned, veteran-owned, and small | 16 | | business enterprises with respect to those reported capital | 17 | | expenditures. | 18 | | (3) Each hospital shall include the following information | 19 | | in its annual report: | 20 | | (A) The hospital's capital expenditure spending goals | 21 | | for female-owned, minority-owned, veteran-owned, and small | 22 | | business enterprises. These goals shall be expressed as a | 23 | | percentage of total capital expenditures reported by the | 24 | | hospital submitting the report. | 25 | | (B) The hospital's actual capital expenditure spending | 26 | | for female-owned, minority-owned, veteran-owned, and small |
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| 1 | | business enterprises. These actual expenditures shall be | 2 | | expressed as a percentage of total capital expenditures | 3 | | reported by the hospital submitting the report. The report | 4 | | may include actual spending on female-owned, | 5 | | minority-owned, veteran-owned, and small business | 6 | | enterprises that is less than the capital expenditure | 7 | | threshold required to be reported under subsection (a) of | 8 | | this Section. | 9 | | (C) The type or types of capital expenditure for which | 10 | | the hospital shall be actively seeking supplier diversity | 11 | | in the next year. | 12 | | (D) An outline of the plan developed to alert and | 13 | | encourage female-owned, minority-owned, veteran-owned, and | 14 | | small business enterprises providing the type or types of | 15 | | services identified in subparagraph (C) to seek business | 16 | | from the hospital. | 17 | | (E) An explanation of the challenges faced in finding | 18 | | quality vendors and any suggestions for what the Health | 19 | | Facilities and Services Review Board could do to be helpful | 20 | | to identify those vendors. | 21 | | (F) A list of the certifications the hospital | 22 | | recognizes. | 23 | | (G) The point of contact for any potential vendor who | 24 | | wishes to do business with the hospital and an explanation | 25 | | of the process for a vendor to enroll with the hospital as | 26 | | a female-owned, minority-owned, veteran-owned, or small |
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| 1 | | business enterprise. | 2 | | (H) Any particular success stories to encourage other | 3 | | hospitals to emulate best practices. | 4 | | (4) A health care system may develop a system-wide annual | 5 | | report that includes all hospitals in order to comply with the | 6 | | requirements of this subsection (b). Each annual report shall | 7 | | include as much State-specific data as possible. If the | 8 | | submitting entity does not submit State-specific data, then the | 9 | | hospital shall include any national data it does have and | 10 | | explain why it could not submit State-specific data and how it | 11 | | intends to do so in future reports, if possible. | 12 | | (5) Subject to appropriation, the Department of Central | 13 | | Management Services shall hold an annual workshop open to the | 14 | | public in 2017 and every year thereafter on the state of | 15 | | supplier diversity to collaboratively seek solutions to | 16 | | structural impediments to achieving stated goals, including | 17 | | testimony from subject matter experts. | 18 | | (6) The Health Facilities and Services Review Board shall | 19 | | publish a database on its website of the point of contact for | 20 | | each hospital for supplier diversity, along with a list of | 21 | | certifications each hospital recognizes from the information | 22 | | submitted in each annual report. The Health Facilities and | 23 | | Services Review Board shall publish each annual report on its | 24 | | website and shall maintain each annual report for at least 5 | 25 | | years. | 26 | | (7) Notwithstanding any other provision of law, the Health |
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| 1 | | Facilities and Services Review Board shall not inquire about, | 2 | | review, obtain, or in any other way consider the information | 3 | | provided in this Section when reviewing an application for a | 4 | | permit or exemption or in taking any other action under this | 5 | | Act. | 6 | | (8) The annual report required under this subsection (b) | 7 | | shall be submitted by each hospital for its fiscal years that | 8 | | begin at least 6 months after the effective date of this | 9 | | amendatory Act of the 99th General Assembly. | 10 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-767, eff. 8-12-16.)
| 11 | | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| 12 | | (Text of Section before amendment by P.A. 100-518 )
| 13 | | (Section scheduled to be repealed on December 31, 2019)
| 14 | | Sec. 6. Application for permit or exemption; exemption | 15 | | regulations.
| 16 | | (a) An application for a permit or exemption shall be made | 17 | | to
the State Board upon forms provided by the State Board. This | 18 | | application
shall contain such information
as the State Board | 19 | | deems necessary. The State Board shall not require an applicant | 20 | | to file a Letter of Intent before an application is filed. Such
| 21 | | application shall include affirmative evidence on which the | 22 | | State
Board or Chairman may make its decision on the approval | 23 | | or denial of the permit or
exemption.
| 24 | | (b) The State Board shall establish by regulation the | 25 | | procedures and
requirements
regarding issuance of exemptions.
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| 1 | | An exemption shall be approved when information required by the | 2 | | Board by rule
is submitted. Projects
eligible for an exemption, | 3 | | rather than a permit, include, but are not limited
to,
change | 4 | | of ownership of a health care facility, discontinuation of a | 5 | | category of service, and discontinuation of a health care | 6 | | facility, other than a health care facility maintained by the | 7 | | State or any agency or department thereof or a nursing home | 8 | | maintained by a county. For a change of
ownership of a health | 9 | | care
facility, the State Board shall provide by rule for an
| 10 | | expedited
process for obtaining an exemption in accordance with | 11 | | Section 8.5 of this Act. In connection with a change of | 12 | | ownership, the State Board may approve the transfer of an | 13 | | existing permit without regard to whether the permit to be | 14 | | transferred has yet been obligated, except for permits | 15 | | establishing a new facility or a new category of service.
| 16 | | (c) All applications shall be signed by the applicant and | 17 | | shall be
verified by any 2 officers thereof.
| 18 | | (c-5) Any written review or findings of the Board staff or | 19 | | any other reviewing organization under Section 8 concerning an | 20 | | application for a permit must be made available to the public | 21 | | at least 14 calendar days before the meeting of the State Board | 22 | | at which the review or findings are considered. The applicant | 23 | | and members of the public may submit, to the State Board, | 24 | | written responses regarding the facts set forth in the review | 25 | | or findings of the Board staff or reviewing organization . | 26 | | Members of the public shall have until 10 days before the |
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| 1 | | meeting of the State Board to submit any written response | 2 | | concerning the Board staff's written review or findings. The | 3 | | Board staff may revise any findings to address corrections of | 4 | | factual errors cited in the public response. At the meeting, | 5 | | the State Board may, in its discretion, permit the submission | 6 | | of other additional written materials.
| 7 | | (d) Upon receipt of an application for a permit, the State | 8 | | Board shall
approve and authorize the issuance of a permit if | 9 | | it finds (1) that the
applicant is fit, willing, and able to | 10 | | provide a proper standard of
health care service for the | 11 | | community with particular regard to the
qualification, | 12 | | background and character of the applicant, (2) that
economic | 13 | | feasibility is demonstrated in terms of effect on the existing
| 14 | | and projected operating budget of the applicant and of the | 15 | | health care
facility; in terms of the applicant's ability to | 16 | | establish and operate
such facility in accordance with | 17 | | licensure regulations promulgated under
pertinent state laws; | 18 | | and in terms of the projected impact on the total
health care | 19 | | expenditures in the facility and community, (3) that
safeguards | 20 | | are provided that which assure that the establishment,
| 21 | | construction or modification of the health care facility or | 22 | | acquisition
of major medical equipment is consistent
with the | 23 | | public interest, and (4) that the proposed project is | 24 | | consistent
with the orderly and economic
development of such | 25 | | facilities and equipment and is in accord with standards,
| 26 | | criteria, or plans of need adopted and approved pursuant to the
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| 1 | | provisions of Section 12 of this Act.
| 2 | | (Source: P.A. 99-154, eff. 7-28-15.)
| 3 | | (Text of Section after amendment by P.A. 100-518 )
| 4 | | (Section scheduled to be repealed on December 31, 2019)
| 5 | | Sec. 6. Application for permit or exemption; exemption | 6 | | regulations.
| 7 | | (a) An application for a permit or exemption shall be made | 8 | | to
the State Board upon forms provided by the State Board. This | 9 | | application
shall contain such information
as the State Board | 10 | | deems necessary. The State Board shall not require an applicant | 11 | | to file a Letter of Intent before an application is filed. Such
| 12 | | application shall include affirmative evidence on which the | 13 | | State
Board or Chairman may make its decision on the approval | 14 | | or denial of the permit or
exemption.
| 15 | | (b) The State Board shall establish by regulation the | 16 | | procedures and
requirements
regarding issuance of exemptions.
| 17 | | An exemption shall be approved when information required by the | 18 | | Board by rule
is submitted. Projects
eligible for an exemption, | 19 | | rather than a permit, include, but are not limited
to,
change | 20 | | of ownership of a health care facility, discontinuation of a | 21 | | category of service, and discontinuation of a health care | 22 | | facility, other than a health care facility maintained by the | 23 | | State or any agency or department thereof or a nursing home | 24 | | maintained by a county. For a change of
ownership of a health | 25 | | care
facility, the State Board shall provide by rule for an
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| 1 | | expedited
process for obtaining an exemption in accordance with | 2 | | Section 8.5 of this Act. In connection with a change of | 3 | | ownership, the State Board may approve the transfer of an | 4 | | existing permit without regard to whether the permit to be | 5 | | transferred has yet been obligated, except for permits | 6 | | establishing a new facility or a new category of service.
| 7 | | (c) All applications shall be signed by the applicant and | 8 | | shall be
verified by any 2 officers thereof.
| 9 | | (c-5) Any written review or findings of the Board staff | 10 | | concerning an application for a permit must be made available | 11 | | to the public at least 14 calendar days before the meeting of | 12 | | the State Board at which the review or findings are considered. | 13 | | The applicant and members of the public may submit, to the | 14 | | State Board, written responses regarding the facts set forth in | 15 | | the review or findings of the Board staff or reviewing | 16 | | organization . Members of the public shall have until 10 days | 17 | | before the meeting of the State Board to submit any written | 18 | | response concerning the Board staff's written review or | 19 | | findings. The Board staff may revise any findings to address | 20 | | corrections of factual errors cited in the public response. At | 21 | | the meeting, the State Board may, in its discretion, permit the | 22 | | submission of other additional written materials.
| 23 | | (d) Upon receipt of an application for a permit, the State | 24 | | Board shall
approve and authorize the issuance of a permit if | 25 | | it finds (1) that the
applicant is fit, willing, and able to | 26 | | provide a proper standard of
health care service for the |
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| 1 | | community with particular regard to the
qualification, | 2 | | background and character of the applicant, (2) that
economic | 3 | | feasibility is demonstrated in terms of effect on the existing
| 4 | | and projected operating budget of the applicant and of the | 5 | | health care
facility; in terms of the applicant's ability to | 6 | | establish and operate
such facility in accordance with | 7 | | licensure regulations promulgated under
pertinent state laws; | 8 | | and in terms of the projected impact on the total
health care | 9 | | expenditures in the facility and community, (3) that
safeguards | 10 | | are provided that which assure that the establishment,
| 11 | | construction or modification of the health care facility or | 12 | | acquisition
of major medical equipment is consistent
with the | 13 | | public interest, and (4) that the proposed project is | 14 | | consistent
with the orderly and economic
development of such | 15 | | facilities and equipment and is in accord with standards,
| 16 | | criteria, or plans of need adopted and approved pursuant to the
| 17 | | provisions of Section 12 of this Act.
| 18 | | (Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18.)
| 19 | | (20 ILCS 3960/6.2) | 20 | | (Section scheduled to be repealed on December 31, 2019) | 21 | | Sec. 6.2. Review of permits; State Board Staff Reports. | 22 | | Upon receipt of an application for a permit to establish,
| 23 | | construct, or modify a health care facility, the State Board | 24 | | staff
shall notify the applicant in writing within 10
working | 25 | | days either that the application is or is not substantially |
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| 1 | | complete. If the
application is substantially complete, the | 2 | | State Board staff shall
notify the applicant of the beginning | 3 | | of the review process. If the application is not substantially | 4 | | complete, the Board staff shall explain within the 10-day | 5 | | period why the application is incomplete. | 6 | | The State Board staff shall afford a reasonable amount of | 7 | | time as
established by the State Board, but not to exceed 120 | 8 | | days,
for the review of the application. The 120-day period
| 9 | | begins on the day the application is found to be
substantially | 10 | | complete, as that term is defined by the State
Board. During | 11 | | the 120-day period, the applicant may request
an extension. An | 12 | | applicant may modify the application at any
time before a final | 13 | | administrative decision has been made on the
application.
| 14 | | The State Board staff shall submit its State Board Staff | 15 | | Report
to the State Board for its decision-making regarding | 16 | | approval or denial of the permit. | 17 | | When an application for a permit is initially reviewed by
| 18 | | State Board staff, as provided in this Section, the State Board | 19 | | shall, upon request by the applicant or an interested person, | 20 | | afford an opportunity for a public hearing within a reasonable | 21 | | amount of time
after receipt of the complete application, but | 22 | | not to exceed
90 days after receipt of the complete | 23 | | application. Notice of the hearing shall be made promptly, not | 24 | | less than 10 days before the hearing, by
certified mail to the | 25 | | applicant and, not less than 10 days before the
hearing, by | 26 | | publication in a newspaper of general circulation
in the area |
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| 1 | | or community to be affected. The hearing shall
be held in the | 2 | | area or community in which the proposed
project is to be | 3 | | located and shall be for the purpose of allowing
the applicant | 4 | | and any interested person to present public
testimony | 5 | | concerning the approval, denial, renewal, or
revocation of the | 6 | | permit. All interested persons attending
the hearing shall be | 7 | | given a reasonable opportunity to present
their views or | 8 | | arguments in writing or orally, and a record
of all of the | 9 | | testimony shall accompany any findings of the State
Board | 10 | | staff. The State Board shall adopt reasonable rules and | 11 | | regulations
governing the procedure and conduct of the | 12 | | hearings.
| 13 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-114, eff. 7-23-15.)
| 14 | | (20 ILCS 3960/7) (from Ch. 111 1/2, par. 1157)
| 15 | | (Section scheduled to be repealed on December 31, 2019)
| 16 | | Sec. 7.
The Administrator Director or the Chairman of the | 17 | | State Board may request the
cooperation of county and
| 18 | | multiple-county health departments, municipal boards of | 19 | | health, and
other governmental and nongovernmental agencies in | 20 | | obtaining information
and in conducting investigations | 21 | | relating to applications for permits.
| 22 | | (Source: P.A. 89-276, eff. 8-10-95 .)
| 23 | | (20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
| 24 | | (Section scheduled to be repealed on December 31, 2019)
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| 1 | | Sec. 10. Presenting information relevant to the approval of | 2 | | a permit or
certificate or in opposition to the denial of the | 3 | | application; notice of
outcome and review proceedings. When a | 4 | | motion by the State Board, to approve
an application for
a | 5 | | permit, fails to pass,
or when a motion to deny an application | 6 | | for a permit
is passed, the applicant or the holder
of the
| 7 | | permit, as the case may be, and such other parties as the State | 8 | | Board permits,
will be given an opportunity to appear before | 9 | | the State Board and present
such information as may be relevant | 10 | | to the approval of a permit
or in opposition to the denial of | 11 | | the application .
| 12 | | Subsequent to an appearance by the applicant before the | 13 | | State Board or
default of such opportunity to appear, a motion | 14 | | by the State Board to approve
an application for a permit which | 15 | | fails to pass
or a motion to deny an application for a permit
| 16 | | which passes shall be considered denial of the application for | 17 | | a permit, as the case may be. Such action of denial or an
| 18 | | action by the State Board to revoke a permit
shall be | 19 | | communicated to the applicant or holder of the permit. Such | 20 | | person or organization shall be afforded an opportunity
for a | 21 | | hearing before an administrative law judge, who is appointed by | 22 | | the Chairman of the State Board. A written notice of a request | 23 | | for such hearing shall be
served upon the Chairman of the State | 24 | | Board within 30 days following
notification of the decision of | 25 | | the State Board. The administrative law judge shall take | 26 | | actions
necessary to ensure that the hearing is completed |
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| 1 | | within a
reasonable period of time, but not to exceed 120 days, | 2 | | except for delays or
continuances agreed to by the
person | 3 | | requesting the hearing.
Following its consideration
of the | 4 | | report of the hearing, or upon default of the party to the | 5 | | hearing,
the State Board shall make its final determination, | 6 | | specifying its findings and
conclusions
within 90 days of | 7 | | receiving the written report of the hearing.
A copy of such | 8 | | determination shall be sent by certified
mail or served | 9 | | personally upon the party.
| 10 | | A full and complete record shall be kept of all | 11 | | proceedings,
including the notice of hearing, complaint, and | 12 | | all other documents in
the nature of pleadings, written motions | 13 | | filed in the proceedings, and
the report and orders of the | 14 | | State Board or hearing officer. All
testimony shall be reported | 15 | | but need not be transcribed unless the
decision is appealed in | 16 | | accordance with the Administrative Review Law,
as now or | 17 | | hereafter amended. A copy or copies of the transcript may be
| 18 | | obtained by any interested party on payment of the cost of | 19 | | preparing
such copy or copies.
| 20 | | The State Board or hearing officer shall upon its own or | 21 | | his motion,
or on the written request of any party to the | 22 | | proceeding who has, in the
State Board's or hearing officer's | 23 | | opinion, demonstrated the relevancy
of such request to the | 24 | | outcome of the proceedings, issue subpoenas
requiring the | 25 | | attendance and the giving of testimony by witnesses, and
| 26 | | subpoenas duces tecum requiring the production of books, |
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| 1 | | papers,
records, or memoranda. The fees of witnesses for | 2 | | attendance and travel
shall be the same as the fees of | 3 | | witnesses before the circuit court of
this State.
| 4 | | When the witness is subpoenaed at the instance of the State | 5 | | Board, or
its hearing officer, such fees shall be paid in the | 6 | | same manner as other
expenses of the Board, and when the | 7 | | witness is subpoenaed at the
instance of any other party to any | 8 | | such proceeding the State Board may,
in accordance with its | 9 | | rules, require that the cost of
service of the subpoena or | 10 | | subpoena duces tecum and the fee of the
witness be borne by the | 11 | | party at whose instance the witness is summoned.
In such case, | 12 | | the State Board in its discretion, may require a deposit
to | 13 | | cover the cost of such service and witness fees. A subpoena or
| 14 | | subpoena duces tecum so issued shall be served in the same | 15 | | manner as a
subpoena issued out of a court.
| 16 | | Any circuit court of this State upon the application of the | 17 | | State
Board or upon the application of any other party to the | 18 | | proceeding, may,
in its discretion, compel the attendance of | 19 | | witnesses, the production of
books, papers, records, or | 20 | | memoranda and the giving of testimony before
it or its hearing | 21 | | officer conducting an investigation or holding a
hearing | 22 | | authorized by this Act, by an attachment for contempt, or
| 23 | | otherwise, in the same manner as production of evidence may be | 24 | | compelled
before the court.
| 25 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-527, eff. 1-1-17 .)
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| 1 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 2 | | (Text of Section before amendment by P.A. 100-518 ) | 3 | | (Section scheduled to be repealed on December 31, 2019) | 4 | | Sec. 12. Powers and duties of State Board. For purposes of | 5 | | this Act,
the State Board
shall
exercise the following powers | 6 | | and duties:
| 7 | | (1) Prescribe rules,
regulations, standards, criteria, | 8 | | procedures or reviews which may vary
according to the purpose | 9 | | for which a particular review is being conducted
or the type of | 10 | | project reviewed and which are required to carry out the
| 11 | | provisions and purposes of this Act. Policies and procedures of | 12 | | the State Board shall take into consideration the priorities | 13 | | and needs of medically underserved areas and other health care | 14 | | services, giving special consideration to the impact of | 15 | | projects on access to safety net services.
| 16 | | (2) Adopt procedures for public
notice and hearing on all | 17 | | proposed rules, regulations, standards,
criteria, and plans | 18 | | required to carry out the provisions of this Act.
| 19 | | (3) (Blank).
| 20 | | (4) Develop criteria and standards for health care | 21 | | facilities planning,
conduct statewide inventories of health | 22 | | care facilities, maintain an updated
inventory on the Board's | 23 | | web site reflecting the
most recent bed and service
changes and | 24 | | updated need determinations when new census data become | 25 | | available
or new need formulae
are adopted,
and
develop health | 26 | | care facility plans which shall be utilized in the review of
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| 1 | | applications for permit under
this Act. Such health facility | 2 | | plans shall be coordinated by the Board
with pertinent State | 3 | | Plans. Inventories pursuant to this Section of skilled or | 4 | | intermediate care facilities licensed under the Nursing Home | 5 | | Care Act, skilled or intermediate care facilities licensed | 6 | | under the ID/DD Community Care Act, skilled or intermediate | 7 | | care facilities licensed under the MC/DD Act, facilities | 8 | | licensed under the Specialized Mental Health Rehabilitation | 9 | | Act of 2013, or nursing homes licensed under the Hospital | 10 | | Licensing Act shall be conducted on an annual basis no later | 11 | | than July 1 of each year and shall include among the | 12 | | information requested a list of all services provided by a | 13 | | facility to its residents and to the community at large and | 14 | | differentiate between active and inactive beds.
| 15 | | In developing health care facility plans, the State Board | 16 | | shall consider,
but shall not be limited to, the following:
| 17 | | (a) The size, composition and growth of the population | 18 | | of the area
to be served;
| 19 | | (b) The number of existing and planned facilities | 20 | | offering similar
programs;
| 21 | | (c) The extent of utilization of existing facilities;
| 22 | | (d) The availability of facilities which may serve as | 23 | | alternatives
or substitutes;
| 24 | | (e) The availability of personnel necessary to the | 25 | | operation of the
facility;
| 26 | | (f) Multi-institutional planning and the establishment |
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| 1 | | of
multi-institutional systems where feasible;
| 2 | | (g) The financial and economic feasibility of proposed | 3 | | construction
or modification; and
| 4 | | (h) In the case of health care facilities established | 5 | | by a religious
body or denomination, the needs of the | 6 | | members of such religious body or
denomination may be | 7 | | considered to be public need.
| 8 | | The health care facility plans which are developed and | 9 | | adopted in
accordance with this Section shall form the basis | 10 | | for the plan of the State
to deal most effectively with | 11 | | statewide health needs in regard to health
care facilities.
| 12 | | (5) Coordinate with other state agencies having | 13 | | responsibilities
affecting health care facilities, including | 14 | | those of licensure and cost
reporting.
| 15 | | (6) Solicit, accept, hold and administer on behalf of the | 16 | | State
any grants or bequests of money, securities or property | 17 | | for
use by the State Board in the administration of this Act; | 18 | | and enter into contracts
consistent with the appropriations for | 19 | | purposes enumerated in this Act.
| 20 | | (7) (Blank). The State Board shall prescribe procedures for | 21 | | review, standards,
and criteria which shall be utilized
to make | 22 | | periodic reviews and determinations of the appropriateness
of | 23 | | any existing health services being rendered by health care | 24 | | facilities
subject to the Act. The State Board shall consider | 25 | | recommendations of the
Board in making its
determinations.
| 26 | | (8) Prescribe rules, regulations,
standards, and criteria |
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| 1 | | for the conduct of an expeditious review of
applications
for | 2 | | permits for projects of construction or modification of a | 3 | | health care
facility, which projects are classified as | 4 | | emergency, substantive, or non-substantive in nature. | 5 | | Substantive Six months after June 30, 2009 (the effective | 6 | | date of Public Act 96-31), substantive projects shall include | 7 | | no more than the following: | 8 | | (a) Projects to construct (1) a new or replacement | 9 | | facility located on a new site or
(2) a replacement | 10 | | facility located on the same site as the original facility | 11 | | and the cost of the replacement facility exceeds the | 12 | | capital expenditure minimum, which shall be reviewed by the | 13 | | Board within 120 days; | 14 | | (b) Projects proposing a
(1) new service within an | 15 | | existing healthcare facility or
(2) discontinuation of a | 16 | | service within an existing healthcare facility, which | 17 | | shall be reviewed by the Board within 60 days; or | 18 | | (c) Projects proposing a change in the bed capacity of | 19 | | a health care facility by an increase in the total number | 20 | | of beds or by a redistribution of beds among various | 21 | | categories of service or by a relocation of beds from one | 22 | | physical facility or site to another by more than 20 beds | 23 | | or more than 10% of total bed capacity, as defined by the | 24 | | State Board, whichever is less, over a 2-year period. | 25 | | The Chairman may approve applications for exemption that | 26 | | meet the criteria set forth in rules or refer them to the full |
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| 1 | | Board. The Chairman may approve any unopposed application that | 2 | | meets all of the review criteria or refer them to the full | 3 | | Board. | 4 | | Such rules shall
not prevent the conduct of a public | 5 | | hearing upon the timely request
of an interested party. Such | 6 | | reviews shall not exceed 60 days from the
date the application | 7 | | is declared to be complete.
| 8 | | (9) Prescribe rules, regulations,
standards, and criteria | 9 | | pertaining to the granting of permits for
construction
and | 10 | | modifications which are emergent in nature and must be | 11 | | undertaken
immediately to prevent or correct structural | 12 | | deficiencies or hazardous
conditions that may harm or injure | 13 | | persons using the facility, as defined
in the rules and | 14 | | regulations of the State Board. This procedure is exempt
from | 15 | | public hearing requirements of this Act.
| 16 | | (10) Prescribe rules,
regulations, standards and criteria | 17 | | for the conduct of an expeditious
review, not exceeding 60 | 18 | | days, of applications for permits for projects to
construct or | 19 | | modify health care facilities which are needed for the care
and | 20 | | treatment of persons who have acquired immunodeficiency | 21 | | syndrome (AIDS)
or related conditions.
| 22 | | (10.5) Provide its rationale when voting on an item before | 23 | | it at a State Board meeting in order to comply with subsection | 24 | | (b) of Section 3-108 of the Code of Civil Procedure. | 25 | | (11) Issue written decisions upon request of the applicant | 26 | | or an adversely affected party to the Board. Requests for a |
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| 1 | | written decision shall be made within 15 days after the Board | 2 | | meeting in which a final decision has been made. A "final | 3 | | decision" for purposes of this Act is the decision to approve | 4 | | or deny an application, or take other actions permitted under | 5 | | this Act, at the time and date of the meeting that such action | 6 | | is scheduled by the Board. The transcript of the State Board | 7 | | meeting shall be incorporated into the Board's final decision. | 8 | | The staff of the Board shall prepare a written copy of the | 9 | | final decision and the Board shall approve a final copy for | 10 | | inclusion in the formal record. The Board shall consider, for | 11 | | approval, the written draft of the final decision no later than | 12 | | the next scheduled Board meeting. The written decision shall | 13 | | identify the applicable criteria and factors listed in this Act | 14 | | and the Board's regulations that were taken into consideration | 15 | | by the Board when coming to a final decision. If the Board | 16 | | denies or fails to approve an application for permit or | 17 | | exemption, the Board shall include in the final decision a | 18 | | detailed explanation as to why the application was denied and | 19 | | identify what specific criteria or standards the applicant did | 20 | | not fulfill. | 21 | | (12) (Blank). Require at least one of its members to | 22 | | participate in any public hearing, after the appointment of a | 23 | | majority of the members to the Board. | 24 | | (13) Provide a mechanism for the public to comment on, and | 25 | | request changes to, draft rules and standards. | 26 | | (14) Implement public information campaigns to regularly |
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| 1 | | inform the general public about the opportunity for public | 2 | | hearings and public hearing procedures. | 3 | | (15) Establish a separate set of rules and guidelines for | 4 | | long-term care that recognizes that nursing homes are a | 5 | | different business line and service model from other regulated | 6 | | facilities. An open and transparent process shall be developed | 7 | | that considers the following: how skilled nursing fits in the | 8 | | continuum of care with other care providers, modernization of | 9 | | nursing homes, establishment of more private rooms, | 10 | | development of alternative services, and current trends in | 11 | | long-term care services.
The Chairman of the Board shall | 12 | | appoint a permanent Health Services Review Board Long-term Care | 13 | | Facility Advisory Subcommittee that shall develop and | 14 | | recommend to the Board the rules to be established by the Board | 15 | | under this paragraph (15). The Subcommittee shall also provide | 16 | | continuous review and commentary on policies and procedures | 17 | | relative to long-term care and the review of related projects. | 18 | | The Subcommittee shall make recommendations to the Board no | 19 | | later than January 1, 2016 and every January thereafter | 20 | | pursuant to the Subcommittee's responsibility for the | 21 | | continuous review and commentary on policies and procedures | 22 | | relative to long-term care. In consultation with other experts | 23 | | from the health field of long-term care, the Board and the | 24 | | Subcommittee shall study new approaches to the current bed need | 25 | | formula and Health Service Area boundaries to encourage | 26 | | flexibility and innovation in design models reflective of the |
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| 1 | | changing long-term care marketplace and consumer preferences | 2 | | and submit its recommendations to the Chairman of the Board no | 3 | | later than January 1, 2017. The Subcommittee shall evaluate, | 4 | | and make recommendations to the State Board regarding, the | 5 | | buying, selling, and exchange of beds between long-term care | 6 | | facilities within a specified geographic area or drive time. | 7 | | The Board shall file the proposed related administrative rules | 8 | | for the separate rules and guidelines for long-term care | 9 | | required by this paragraph (15) by no later than September 30, | 10 | | 2011. The Subcommittee shall be provided a reasonable and | 11 | | timely opportunity to review and comment on any review, | 12 | | revision, or updating of the criteria, standards, procedures, | 13 | | and rules used to evaluate project applications as provided | 14 | | under Section 12.3 of this Act. | 15 | | The Chairman of the Board shall appoint voting members of | 16 | | the Subcommittee, who shall serve for a period of 3 years, with | 17 | | one-third of the terms expiring each January, to be determined | 18 | | by lot. Appointees shall include, but not be limited to, | 19 | | recommendations from each of the 3 statewide long-term care | 20 | | associations, with an equal number to be appointed from each. | 21 | | Compliance with this provision shall be through the appointment | 22 | | and reappointment process. All appointees serving as of April | 23 | | 1, 2015 shall serve to the end of their term as determined by | 24 | | lot or until the appointee voluntarily resigns, whichever is | 25 | | earlier. | 26 | | One representative from the Department of Public Health, |
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| 1 | | the Department of Healthcare and Family Services, the | 2 | | Department on Aging, and the Department of Human Services may | 3 | | each serve as an ex-officio non-voting member of the | 4 | | Subcommittee. The Chairman of the Board shall select a | 5 | | Subcommittee Chair, who shall serve for a period of 3 years. | 6 | | (16) Prescribe the format of the State Board Staff Report. | 7 | | A State Board Staff Report shall pertain to applications that | 8 | | include, but are not limited to, applications for permit or | 9 | | exemption, applications for permit renewal, applications for | 10 | | extension of the financial commitment obligation period, | 11 | | applications requesting a declaratory ruling, or applications | 12 | | under the Health Care Worker Self-Referral Act. State Board | 13 | | Staff Reports shall compare applications to the relevant review | 14 | | criteria under the Board's rules. | 15 | | (17) Establish a separate set of rules and guidelines for | 16 | | facilities licensed under the Specialized Mental Health | 17 | | Rehabilitation Act of 2013. An application for the | 18 | | re-establishment of a facility in connection with the | 19 | | relocation of the facility shall not be granted unless the | 20 | | applicant has a contractual relationship with at least one | 21 | | hospital to provide emergency and inpatient mental health | 22 | | services required by facility consumers, and at least one | 23 | | community mental health agency to provide oversight and | 24 | | assistance to facility consumers while living in the facility, | 25 | | and appropriate services, including case management, to assist | 26 | | them to prepare for discharge and reside stably in the |
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| 1 | | community thereafter. No new facilities licensed under the | 2 | | Specialized Mental Health Rehabilitation Act of 2013 shall be | 3 | | established after June 16, 2014 (the effective date of Public | 4 | | Act 98-651) except in connection with the relocation of an | 5 | | existing facility to a new location. An application for a new | 6 | | location shall not be approved unless there are adequate | 7 | | community services accessible to the consumers within a | 8 | | reasonable distance, or by use of public transportation, so as | 9 | | to facilitate the goal of achieving maximum individual | 10 | | self-care and independence. At no time shall the total number | 11 | | of authorized beds under this Act in facilities licensed under | 12 | | the Specialized Mental Health Rehabilitation Act of 2013 exceed | 13 | | the number of authorized beds on June 16, 2014 (the effective | 14 | | date of Public Act 98-651). | 15 | | (Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; | 16 | | 98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. | 17 | | 7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277, | 18 | | eff. 8-5-15; 99-527, eff. 1-1-17; 99-642, eff. 7-28-16 .) | 19 | | (Text of Section after amendment by P.A. 100-518 ) | 20 | | (Section scheduled to be repealed on December 31, 2019) | 21 | | Sec. 12. Powers and duties of State Board. For purposes of | 22 | | this Act,
the State Board
shall
exercise the following powers | 23 | | and duties:
| 24 | | (1) Prescribe rules,
regulations, standards, criteria, | 25 | | procedures or reviews which may vary
according to the purpose |
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| 1 | | for which a particular review is being conducted
or the type of | 2 | | project reviewed and which are required to carry out the
| 3 | | provisions and purposes of this Act. Policies and procedures of | 4 | | the State Board shall take into consideration the priorities | 5 | | and needs of medically underserved areas and other health care | 6 | | services, giving special consideration to the impact of | 7 | | projects on access to safety net services.
| 8 | | (2) Adopt procedures for public
notice and hearing on all | 9 | | proposed rules, regulations, standards,
criteria, and plans | 10 | | required to carry out the provisions of this Act.
| 11 | | (3) (Blank).
| 12 | | (4) Develop criteria and standards for health care | 13 | | facilities planning,
conduct statewide inventories of health | 14 | | care facilities, maintain an updated
inventory on the Board's | 15 | | web site reflecting the
most recent bed and service
changes and | 16 | | updated need determinations when new census data become | 17 | | available
or new need formulae
are adopted,
and
develop health | 18 | | care facility plans which shall be utilized in the review of
| 19 | | applications for permit under
this Act. Such health facility | 20 | | plans shall be coordinated by the Board
with pertinent State | 21 | | Plans. Inventories pursuant to this Section of skilled or | 22 | | intermediate care facilities licensed under the Nursing Home | 23 | | Care Act, skilled or intermediate care facilities licensed | 24 | | under the ID/DD Community Care Act, skilled or intermediate | 25 | | care facilities licensed under the MC/DD Act, facilities | 26 | | licensed under the Specialized Mental Health Rehabilitation |
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| 1 | | Act of 2013, or nursing homes licensed under the Hospital | 2 | | Licensing Act shall be conducted on an annual basis no later | 3 | | than July 1 of each year and shall include among the | 4 | | information requested a list of all services provided by a | 5 | | facility to its residents and to the community at large and | 6 | | differentiate between active and inactive beds.
| 7 | | In developing health care facility plans, the State Board | 8 | | shall consider,
but shall not be limited to, the following:
| 9 | | (a) The size, composition and growth of the population | 10 | | of the area
to be served;
| 11 | | (b) The number of existing and planned facilities | 12 | | offering similar
programs;
| 13 | | (c) The extent of utilization of existing facilities;
| 14 | | (d) The availability of facilities which may serve as | 15 | | alternatives
or substitutes;
| 16 | | (e) The availability of personnel necessary to the | 17 | | operation of the
facility;
| 18 | | (f) Multi-institutional planning and the establishment | 19 | | of
multi-institutional systems where feasible;
| 20 | | (g) The financial and economic feasibility of proposed | 21 | | construction
or modification; and
| 22 | | (h) In the case of health care facilities established | 23 | | by a religious
body or denomination, the needs of the | 24 | | members of such religious body or
denomination may be | 25 | | considered to be public need.
| 26 | | The health care facility plans which are developed and |
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| 1 | | adopted in
accordance with this Section shall form the basis | 2 | | for the plan of the State
to deal most effectively with | 3 | | statewide health needs in regard to health
care facilities.
| 4 | | (5) Coordinate with other state agencies having | 5 | | responsibilities
affecting health care facilities, including | 6 | | those of licensure and cost
reporting.
| 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 in the administration of this Act; | 10 | | and enter into contracts
consistent with the appropriations for | 11 | | purposes enumerated in this Act.
| 12 | | (7) (Blank). The State Board shall prescribe procedures for | 13 | | review, standards,
and criteria which shall be utilized
to make | 14 | | periodic reviews and determinations of the appropriateness
of | 15 | | any existing health services being rendered by health care | 16 | | facilities
subject to the Act. The State Board shall consider | 17 | | recommendations of the
Board in making its
determinations.
| 18 | | (8) Prescribe rules, regulations,
standards, and criteria | 19 | | for the conduct of an expeditious review of
applications
for | 20 | | permits for projects of construction or modification of a | 21 | | health care
facility, which projects are classified as | 22 | | emergency, substantive, or non-substantive in nature. | 23 | | Substantive Six months after June 30, 2009 (the effective | 24 | | date of Public Act 96-31), substantive projects shall include | 25 | | no more than the following: | 26 | | (a) Projects to construct (1) a new or replacement |
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| 1 | | facility located on a new site or
(2) a replacement | 2 | | facility located on the same site as the original facility | 3 | | and the cost of the replacement facility exceeds the | 4 | | capital expenditure minimum, which shall be reviewed by the | 5 | | Board within 120 days; | 6 | | (b) Projects proposing a
(1) new service within an | 7 | | existing healthcare facility or
(2) discontinuation of a | 8 | | service within an existing healthcare facility, which | 9 | | shall be reviewed by the Board within 60 days; or | 10 | | (c) Projects proposing a change in the bed capacity of | 11 | | a health care facility by an increase in the total number | 12 | | of beds or by a redistribution of beds among various | 13 | | categories of service or by a relocation of beds from one | 14 | | physical facility or site to another by more than 20 beds | 15 | | or more than 10% of total bed capacity, as defined by the | 16 | | State Board, whichever is less, over a 2-year period. | 17 | | The Chairman may approve applications for exemption that | 18 | | meet the criteria set forth in rules or refer them to the full | 19 | | Board. The Chairman may approve any unopposed application that | 20 | | meets all of the review criteria or refer them to the full | 21 | | Board. | 22 | | Such rules shall
not prevent the conduct of a public | 23 | | hearing upon the timely request
of an interested party. Such | 24 | | reviews shall not exceed 60 days from the
date the application | 25 | | is declared to be complete.
| 26 | | (9) Prescribe rules, regulations,
standards, and criteria |
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| 1 | | pertaining to the granting of permits for
construction
and | 2 | | modifications which are emergent in nature and must be | 3 | | undertaken
immediately to prevent or correct structural | 4 | | deficiencies or hazardous
conditions that may harm or injure | 5 | | persons using the facility, as defined
in the rules and | 6 | | regulations of the State Board. This procedure is exempt
from | 7 | | public hearing requirements of this Act.
| 8 | | (10) Prescribe rules,
regulations, standards and criteria | 9 | | for the conduct of an expeditious
review, not exceeding 60 | 10 | | days, of applications for permits for projects to
construct or | 11 | | modify health care facilities which are needed for the care
and | 12 | | treatment of persons who have acquired immunodeficiency | 13 | | syndrome (AIDS)
or related conditions.
| 14 | | (10.5) Provide its rationale when voting on an item before | 15 | | it at a State Board meeting in order to comply with subsection | 16 | | (b) of Section 3-108 of the Code of Civil Procedure. | 17 | | (11) Issue written decisions upon request of the applicant | 18 | | or an adversely affected party to the Board. Requests for a | 19 | | written decision shall be made within 15 days after the Board | 20 | | meeting in which a final decision has been made. A "final | 21 | | decision" for purposes of this Act is the decision to approve | 22 | | or deny an application, or take other actions permitted under | 23 | | this Act, at the time and date of the meeting that such action | 24 | | is scheduled by the Board. The transcript of the State Board | 25 | | meeting shall be incorporated into the Board's final decision. | 26 | | The staff of the Board shall prepare a written copy of the |
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| 1 | | final decision and the Board shall approve a final copy for | 2 | | inclusion in the formal record. The Board shall consider, for | 3 | | approval, the written draft of the final decision no later than | 4 | | the next scheduled Board meeting. The written decision shall | 5 | | identify the applicable criteria and factors listed in this Act | 6 | | and the Board's regulations that were taken into consideration | 7 | | by the Board when coming to a final decision. If the Board | 8 | | denies or fails to approve an application for permit or | 9 | | exemption, the Board shall include in the final decision a | 10 | | detailed explanation as to why the application was denied and | 11 | | identify what specific criteria or standards the applicant did | 12 | | not fulfill. | 13 | | (12) (Blank). Require at least one of its members to | 14 | | participate in any public hearing, after the appointment of a | 15 | | majority of the 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 |
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| 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 | | The Subcommittee shall make recommendations to the Board no | 11 | | later than January 1, 2016 and every January thereafter | 12 | | pursuant to the Subcommittee's responsibility for the | 13 | | continuous review and commentary on policies and procedures | 14 | | relative to long-term care. In consultation with other experts | 15 | | from the health field of long-term care, the Board and the | 16 | | Subcommittee shall study new approaches to the current bed need | 17 | | formula and Health Service Area boundaries to encourage | 18 | | flexibility and innovation in design models reflective of the | 19 | | changing long-term care marketplace and consumer preferences | 20 | | and submit its recommendations to the Chairman of the Board no | 21 | | later than January 1, 2017. The Subcommittee shall evaluate, | 22 | | and make recommendations to the State Board regarding, the | 23 | | buying, selling, and exchange of beds between long-term care | 24 | | facilities within a specified geographic area or drive time. | 25 | | The Board shall file the proposed related administrative rules | 26 | | for the separate rules and guidelines for long-term care |
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| 1 | | required by this paragraph (15) by no later than September 30, | 2 | | 2011. The Subcommittee shall be provided a reasonable and | 3 | | timely opportunity to review and comment on any review, | 4 | | revision, or updating of the criteria, standards, procedures, | 5 | | and rules used to evaluate project applications as provided | 6 | | under Section 12.3 of this Act. | 7 | | The Chairman of the Board shall appoint voting members of | 8 | | the Subcommittee, who shall serve for a period of 3 years, with | 9 | | one-third of the terms expiring each January, to be determined | 10 | | by lot. Appointees shall include, but not be limited to, | 11 | | recommendations from each of the 3 statewide long-term care | 12 | | associations, with an equal number to be appointed from each. | 13 | | Compliance with this provision shall be through the appointment | 14 | | and reappointment process. All appointees serving as of April | 15 | | 1, 2015 shall serve to the end of their term as determined by | 16 | | lot or until the appointee voluntarily resigns, whichever is | 17 | | earlier. | 18 | | One representative from the Department of Public Health, | 19 | | the Department of Healthcare and Family Services, the | 20 | | Department on Aging, and the Department of Human Services may | 21 | | each serve as an ex-officio non-voting member of the | 22 | | Subcommittee. The Chairman of the Board shall select a | 23 | | Subcommittee Chair, who shall serve for a period of 3 years. | 24 | | (16) Prescribe the format of the State Board Staff Report. | 25 | | A State Board Staff Report shall pertain to applications that | 26 | | include, but are not limited to, applications for permit or |
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| 1 | | exemption, applications for permit renewal, applications for | 2 | | extension of the financial commitment period, applications | 3 | | requesting a declaratory ruling, or applications under the | 4 | | Health Care Worker Self-Referral Act. State Board Staff Reports | 5 | | shall compare applications to the relevant review criteria | 6 | | under the Board's rules. | 7 | | (17) Establish a separate set of rules and guidelines for | 8 | | facilities licensed under the Specialized Mental Health | 9 | | Rehabilitation Act of 2013. An application for the | 10 | | re-establishment of a facility in connection with the | 11 | | relocation of the facility shall not be granted unless the | 12 | | applicant has a contractual relationship with at least one | 13 | | hospital to provide emergency and inpatient mental health | 14 | | services required by facility consumers, and at least one | 15 | | community mental health agency to provide oversight and | 16 | | assistance to facility consumers while living in the facility, | 17 | | and appropriate services, including case management, to assist | 18 | | them to prepare for discharge and reside stably in the | 19 | | community thereafter. No new facilities licensed under the | 20 | | Specialized Mental Health Rehabilitation Act of 2013 shall be | 21 | | established after June 16, 2014 (the effective date of Public | 22 | | Act 98-651) except in connection with the relocation of an | 23 | | existing facility to a new location. An application for a new | 24 | | location shall not be approved unless there are adequate | 25 | | community services accessible to the consumers within a | 26 | | reasonable distance, or by use of public transportation, so as |
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| 1 | | to facilitate the goal of achieving maximum individual | 2 | | self-care and independence. At no time shall the total number | 3 | | of authorized beds under this Act in facilities licensed under | 4 | | the Specialized Mental Health Rehabilitation Act of 2013 exceed | 5 | | the number of authorized beds on June 16, 2014 (the effective | 6 | | date of Public Act 98-651). | 7 | | (Source: P.A. 99-78, eff. 7-20-15; 99-114, eff. 7-23-15; | 8 | | 99-180, eff. 7-29-15; 99-277, eff. 8-5-15; 99-527, eff. 1-1-17; | 9 | | 99-642, eff. 7-28-16; 100-518, eff. 6-1-18.)
| 10 | | (20 ILCS 3960/12.2)
| 11 | | (Section scheduled to be repealed on December 31, 2019)
| 12 | | Sec. 12.2. Powers of the State Board staff. For purposes of | 13 | | this Act,
the staff shall exercise the following powers and | 14 | | duties:
| 15 | | (1) Review applications for permits and exemptions in | 16 | | accordance with the
standards, criteria, and plans of need | 17 | | established by the State Board under
this Act and certify | 18 | | its finding to the State Board.
| 19 | | (1.5) Post the following on the Board's web site: | 20 | | relevant (i)
rules,
(ii)
standards, (iii)
criteria, (iv) | 21 | | State norms, (v) references used by Board staff in making
| 22 | | determinations about whether application criteria are met, | 23 | | and (vi) notices of
project-related filings, including | 24 | | notice of public comments related to the
application.
| 25 | | (2) Charge and collect an amount determined by the |
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| 1 | | State Board and the staff to be
reasonable fees for the | 2 | | processing of applications by the State Board.
The State | 3 | | Board shall set the amounts by rule. Application fees for | 4 | | continuing care retirement communities, and other health | 5 | | care models that include regulated and unregulated | 6 | | components, shall apply only to those components subject to | 7 | | regulation under this Act. All fees and fines
collected | 8 | | under the provisions of this Act shall be deposited
into | 9 | | the Illinois Health Facilities Planning Fund to be used for | 10 | | the
expenses of administering this Act.
| 11 | | (2.1) Publish the following reports on the State Board | 12 | | website: | 13 | | (A) An annual accounting, aggregated by category | 14 | | and with names of parties redacted, of fees, fines, and | 15 | | other revenue collected as well as expenses incurred, | 16 | | in the administration of this Act. | 17 | | (B) An annual report, with names of the parties | 18 | | redacted, that summarizes all settlement agreements | 19 | | entered into with the State Board that resolve an | 20 | | alleged instance of noncompliance with State Board | 21 | | requirements under this Act. | 22 | | (C) (Blank). A monthly report that includes the | 23 | | status of applications and recommendations regarding | 24 | | updates to the standard, criteria, or the health plan | 25 | | as appropriate. | 26 | | (D) Board reports showing the degree to which an |
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| 1 | | application conforms to the review standards, a | 2 | | summation of relevant public testimony, and any | 3 | | additional information that staff wants to | 4 | | communicate. | 5 | | (3) Coordinate with other State agencies having | 6 | | responsibilities
affecting
health care facilities, | 7 | | including licensure and cost reporting agencies.
| 8 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-527, eff. 1-1-17 .)
| 9 | | (20 ILCS 3960/12.3)
| 10 | | (Section scheduled to be repealed on December 31, 2019)
| 11 | | Sec. 12.3. Revision of criteria, standards, and rules. At | 12 | | least every 2 years, the State Board shall review, revise, and
| 13 | | update the
criteria, standards, and rules used to evaluate | 14 | | applications for permit and exemption . The Board may appoint | 15 | | temporary advisory committees made up of experts with | 16 | | professional competence in the subject matter of the proposed | 17 | | standards or criteria to assist in the development of revisions | 18 | | to requirements, standards , and criteria. In
particular, the | 19 | | review of
the criteria, standards, and rules shall consider:
| 20 | | (1) Whether the requirements, criteria , and standards | 21 | | reflect current industry standards
and
anticipated trends.
| 22 | | (2) Whether the criteria and standards can be reduced | 23 | | or eliminated.
| 24 | | (3) Whether requirements, criteria , and standards can | 25 | | be developed to authorize the
construction
of unfinished |
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| 1 | | space for future use when the ultimate need for such space | 2 | | can be
reasonably
projected.
| 3 | | (4) Whether the criteria and standards take into | 4 | | account issues related to
population growth and changing | 5 | | demographics in a community.
| 6 | | (5) Whether facility-defined service and planning | 7 | | areas should be
recognized.
| 8 | | (6) Whether categories of service that are subject to | 9 | | review should be re-evaluated, including provisions | 10 | | related to structural, functional, and operational | 11 | | differences between long-term care facilities and acute | 12 | | care facilities and that allow routine changes of | 13 | | ownership, facility sales, and closure requests to be | 14 | | processed on a more timely basis. | 15 | | (Source: P.A. 99-527, eff. 1-1-17 .)
| 16 | | (20 ILCS 3960/12.4)
| 17 | | (Section scheduled to be repealed on December 31, 2019) | 18 | | Sec. 12.4. Hospital reduction in health care services; | 19 | | notice. If a hospital reduces any of the Categories of Service | 20 | | as outlined in Title 77, Chapter II, Part 1110 in the Illinois | 21 | | Administrative Code, or any other service as defined by rule by | 22 | | the State Board, by 50% or more according to rules adopted by | 23 | | the State Board, then within 30 days after reducing the | 24 | | service, the hospital must give written notice of the reduction | 25 | | in service to the State Board, the Department of Public Health, |
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| 1 | | and the State Senator and 2 State Representative | 2 | | Representatives serving the legislative district in which the | 3 | | hospital is located. The State Board shall adopt rules to | 4 | | implement this Section, including rules that specify (i) how | 5 | | each health care service is defined, if not already defined in | 6 | | the State Board's rules, and (ii) what constitutes a reduction | 7 | | in service of 50% or more.
| 8 | | (Source: P.A. 93-940, eff. 1-1-05 .) | 9 | | (20 ILCS 3960/12.5) | 10 | | (Section scheduled to be repealed on December 31, 2019)
| 11 | | Sec. 12.5. Update existing bed inventory and associated bed | 12 | | need projections. The While the Task Force on Health Planning | 13 | | Reform will make long-term recommendations related to the | 14 | | method and formula for calculating the bed inventory and | 15 | | associated bed need projections, there is a current need for | 16 | | the bed inventory to be updated prior to the issuance of the | 17 | | recommendations of the Task Force. Therefore, the State Board | 18 | | shall regularly immediately update the existing bed inventory | 19 | | and associated bed need projections required by Sections 12 and | 20 | | 12.3 of this Act, using the most recently published historical | 21 | | utilization data, 5-year population projections, and an | 22 | | appropriate migration factor for the medical-surgical and | 23 | | pediatric category of service which shall be no less than 50%. | 24 | | The State Board shall provide written documentation providing | 25 | | the methodology and rationale used to determine the appropriate |
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| 1 | | migration factor.
| 2 | | (Source: P.A. 97-1115, eff. 8-27-12; 98-1086, eff. 8-26-14.)
| 3 | | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| 4 | | (Section scheduled to be repealed on December 31, 2019)
| 5 | | Sec. 13. Investigation of applications for permits and | 6 | | certificates of
recognition . The State Board shall make or | 7 | | cause to be made
such investigations as it deems necessary in | 8 | | connection
with an application for a permit or an application | 9 | | for a certificate of
recognition , or in connection with a | 10 | | determination of whether or not
construction
or modification | 11 | | that which has been commenced is in accord with the permit | 12 | | issued
by the State Board , or whether construction or | 13 | | modification has been commenced
without a permit having been | 14 | | obtained. The State Board may issue subpoenas
duces tecum | 15 | | requiring the production of records and may administer oaths
to | 16 | | such witnesses.
| 17 | | Any circuit court of this State, upon the application of | 18 | | the State Board
or upon the application of any party to such | 19 | | proceedings, may, in its
discretion,
compel the attendance of | 20 | | witnesses, the production of books, papers, records,
or | 21 | | memoranda and the giving of testimony before the State Board, | 22 | | by a
proceeding
as for contempt, or otherwise, in the same | 23 | | manner as production of evidence
may be compelled before the | 24 | | court.
| 25 | | The State Board shall require all health facilities |
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| 1 | | operating
in this State
to provide such reasonable reports at | 2 | | such times and containing such
information
as is needed by it | 3 | | to carry out the purposes and provisions of this Act.
Prior to | 4 | | collecting information from health facilities, the State Board
| 5 | | shall make reasonable efforts
through a public process to | 6 | | consult with health facilities and associations
that represent | 7 | | them to determine
whether data and information requests will | 8 | | result in useful information for
health planning, whether
| 9 | | sufficient information is available from other sources, and | 10 | | whether data
requested is routinely collected
by health | 11 | | facilities and is available without retrospective record | 12 | | review. Data
and information requests
shall not impose undue | 13 | | paperwork burdens on health care facilities and
personnel.
| 14 | | Health facilities not complying with this requirement shall be | 15 | | reported
to licensing, accrediting, certifying, or payment | 16 | | agencies as being in
violation
of State law. Health care | 17 | | facilities and other parties at interest shall
have reasonable | 18 | | access, under rules established by the State Board, to all
| 19 | | planning information submitted in accord with this Act | 20 | | pertaining to their
area.
| 21 | | Among the reports to be required by the State Board are | 22 | | facility questionnaires for health care facilities licensed | 23 | | under the Ambulatory Surgical Treatment Center Act, the | 24 | | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | 25 | | Community Care Act, the MC/DD Act, the Specialized Mental | 26 | | Health Rehabilitation Act of 2013, or the End Stage Renal |
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| 1 | | Disease Facility Act. These questionnaires shall be conducted | 2 | | on an annual basis and compiled by the State Board. For health | 3 | | care facilities licensed under the Nursing Home Care Act or the | 4 | | Specialized Mental Health Rehabilitation Act of 2013, these | 5 | | reports shall include, but not be limited to, the | 6 | | identification of specialty services provided by the facility | 7 | | to patients, residents, and the community at large. Annual | 8 | | reports for facilities licensed under the ID/DD Community Care | 9 | | Act and facilities licensed under the MC/DD Act shall be | 10 | | different from the annual reports required of other health care | 11 | | facilities and shall be specific to those facilities licensed | 12 | | under the ID/DD Community Care Act or the MC/DD Act. The Health | 13 | | Facilities and Services Review Board shall consult with | 14 | | associations representing facilities licensed under the ID/DD | 15 | | Community Care Act and associations representing facilities | 16 | | licensed under the MC/DD Act when developing the information | 17 | | requested in these annual reports. For health care facilities | 18 | | that contain long term care beds, the reports shall also | 19 | | include the number of staffed long term care beds, physical | 20 | | capacity for long term care beds at the facility, and long term | 21 | | care beds available for immediate occupancy. For purposes of | 22 | | this paragraph, "long term care beds" means beds
(i) licensed | 23 | | under the Nursing Home Care Act, (ii) licensed under the ID/DD | 24 | | Community Care Act, (iii) licensed under the MC/DD Act, (iv) | 25 | | licensed under the Hospital Licensing Act, or (v) licensed | 26 | | under the Specialized Mental Health Rehabilitation Act of 2013 |
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| 1 | | and certified as skilled nursing or nursing facility beds under | 2 | | Medicaid or Medicare.
| 3 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-180, eff. 7-29-15.)
| 4 | | (20 ILCS 3960/14.1)
| 5 | | (Section scheduled to be repealed on December 31, 2019) | 6 | | Sec. 14.1. Denial of permit; other sanctions. | 7 | | (a) The State Board may deny an application for a permit or | 8 | | may revoke or
take other action as permitted by this Act with | 9 | | regard to a permit as the State
Board deems appropriate, | 10 | | including the imposition of fines as set forth in this
Section, | 11 | | for any one or a combination of the following: | 12 | | (1) The acquisition of major medical equipment without | 13 | | a permit or in
violation of the terms of a permit. | 14 | | (2) The establishment, construction, modification, or | 15 | | change of ownership of a health care
facility without a | 16 | | permit or exemption or in violation of the terms of a | 17 | | permit. | 18 | | (3) The violation of any provision of this Act or any | 19 | | rule adopted
under this Act. | 20 | | (4) The failure, by any person subject to this Act, to | 21 | | provide information
requested by the State Board or Agency | 22 | | within 30 days after a formal written
request for the | 23 | | information. | 24 | | (5) The failure to pay any fine imposed under this | 25 | | Section within 30 days
of its imposition. |
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| 1 | | (a-5) For facilities licensed under the ID/DD Community | 2 | | Care Act, no permit shall be denied on the basis of prior | 3 | | operator history, other than for actions specified under item | 4 | | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | 5 | | Act. For facilities licensed under the MC/DD Act, no permit | 6 | | shall be denied on the basis of prior operator history, other | 7 | | than for actions specified under item (2), (4), or (5) of | 8 | | Section 3-117 of the MC/DD Act. For facilities licensed under | 9 | | the Specialized Mental Health Rehabilitation Act of 2013, no | 10 | | permit shall be denied on the basis of prior operator history, | 11 | | other than for actions specified under subsections (a) and (b) | 12 | | of Section 4-109 of the Specialized Mental Health | 13 | | Rehabilitation Act of 2013. For facilities licensed under the | 14 | | Nursing Home Care Act, no permit shall be denied on the basis | 15 | | of prior operator history, other than for: (i) actions | 16 | | specified under item (2), (3), (4), (5), or (6) of Section | 17 | | 3-117 of the Nursing Home Care Act; (ii) actions specified | 18 | | under item (a)(6) of Section 3-119 of the Nursing Home Care | 19 | | Act; or (iii) actions within the preceding 5 years constituting | 20 | | a substantial and repeated failure to comply with the Nursing | 21 | | Home Care Act or the rules and regulations adopted by the | 22 | | Department under that Act. The State Board shall not deny a | 23 | | permit on account of any action described in this subsection | 24 | | (a-5) without also considering all such actions in the light of | 25 | | all relevant information available to the State Board, | 26 | | including whether the permit is sought to substantially comply |
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| 1 | | with a mandatory or voluntary plan of correction associated | 2 | | with any action described in this subsection (a-5).
| 3 | | (b) Persons shall be subject to fines as follows: | 4 | | (1) A permit holder who fails to comply with the | 5 | | requirements of
maintaining a valid permit shall be fined | 6 | | an amount not to exceed 1% of the
approved permit amount | 7 | | plus an additional 1% of the approved permit amount for
| 8 | | each 30-day period, or fraction thereof, that the violation | 9 | | continues. | 10 | | (2) A permit holder who alters the scope of an approved | 11 | | project or whose
project costs exceed the allowable permit | 12 | | amount without first obtaining
approval from the State | 13 | | Board shall be fined an amount not to exceed the sum of
(i) | 14 | | the lesser of $25,000 or 2% of the approved permit amount | 15 | | and (ii) in those
cases where the approved permit amount is | 16 | | exceeded by more than $1,000,000, an
additional $20,000 for | 17 | | each $1,000,000, or fraction thereof, in excess of the
| 18 | | approved permit amount. | 19 | | (2.5) A permit or exemption holder who fails to comply | 20 | | with the post-permit and reporting requirements set forth | 21 | | in Sections 5 and 8.5 shall be fined an amount not to | 22 | | exceed $10,000 plus an additional $10,000 for each 30-day | 23 | | period, or fraction thereof, that the violation continues. | 24 | | This fine shall continue to accrue until the date that (i) | 25 | | the post-permit requirements are met and the post-permit or | 26 | | post-exemption reports are received by the State Board or |
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| 1 | | (ii) the matter is referred by the State Board to the State | 2 | | Board's legal counsel. The accrued fine is not waived by | 3 | | the permit or exemption holder submitting the required | 4 | | information and reports. Prior to any fine beginning to | 5 | | accrue, the Board shall
notify, in writing, a permit or | 6 | | exemption holder of the due date
for the post-permit and | 7 | | reporting requirements no later than 30 days
before the due | 8 | | date for the requirements. The exemption letter shall serve | 9 | | as the notice for exemptions. This paragraph (2.5) takes
| 10 | | effect 6 months after August 27, 2012 (the effective date | 11 | | of Public Act 97-1115). | 12 | | (3) A person who acquires major medical equipment or | 13 | | who establishes a
category of service without first | 14 | | obtaining a permit or exemption, as the case
may be, shall | 15 | | be fined an amount not to exceed $10,000 for each such
| 16 | | acquisition or category of service established plus an | 17 | | additional $10,000 for
each 30-day period, or fraction | 18 | | thereof, that the violation continues. | 19 | | (4) A person who constructs, modifies, establishes, or | 20 | | changes ownership of a health care
facility without first | 21 | | obtaining a permit or exemption shall be fined an amount | 22 | | not to
exceed $25,000 plus an additional $25,000 for each | 23 | | 30-day period, or fraction
thereof, that the violation | 24 | | continues. | 25 | | (5) A person who discontinues a health care facility or | 26 | | a category of
service without first obtaining a permit or |
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| 1 | | exemption shall be fined an amount not to exceed
$10,000 | 2 | | plus an additional $10,000 for each 30-day period, or | 3 | | fraction thereof,
that the violation continues. For | 4 | | purposes of this subparagraph (5), facilities licensed | 5 | | under the Nursing Home Care Act, the ID/DD Community Care | 6 | | Act, or the MC/DD Act, with the exceptions of facilities | 7 | | operated by a county or Illinois Veterans Homes, are exempt | 8 | | from this permit requirement. However, facilities licensed | 9 | | under the Nursing Home Care Act, the ID/DD Community Care | 10 | | Act, or the MC/DD Act must comply with Section 3-423 of the | 11 | | Nursing Home Care Act, Section 3-423 of the ID/DD Community | 12 | | Care Act, or Section 3-423 of the MC/DD Act and must | 13 | | provide the Board and the Department of Human Services with | 14 | | 30 days' written notice of their intent to close.
| 15 | | Facilities licensed under the ID/DD Community Care Act or | 16 | | the MC/DD Act also must provide the Board and the | 17 | | Department of Human Services with 30 days' written notice | 18 | | of their intent to reduce the number of beds for a | 19 | | facility. | 20 | | (6) A person subject to this Act who fails to provide | 21 | | information
requested by the State Board or Agency within | 22 | | 30 days of a formal written
request shall be fined an | 23 | | amount not to exceed $1,000 plus an additional $1,000
for | 24 | | each 30-day period, or fraction thereof, that the | 25 | | information is not
received by the State Board or Agency. | 26 | | (b-5) The State Board may accept in-kind services or |
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| 1 | | donations instead of or in combination with the imposition of a | 2 | | fine. This authorization is limited to cases where the | 3 | | non-compliant individual or entity has waived the right to an | 4 | | administrative hearing or opportunity to appear before the | 5 | | Board regarding the non-compliant matter. | 6 | | (c) Before imposing any fine authorized under this Section, | 7 | | the State Board
shall afford the person or permit holder, as | 8 | | the case may be, an appearance
before the State Board and an | 9 | | opportunity for a hearing before a hearing
officer appointed by | 10 | | the State Board. The hearing shall be conducted in
accordance | 11 | | with Section 10. Requests for an appearance before the State | 12 | | Board must be made within 30 days after receiving notice that a | 13 | | fine will be imposed. | 14 | | (d) All fines collected under this Act shall be transmitted | 15 | | to the State
Treasurer, who shall deposit them into the | 16 | | Illinois Health Facilities Planning
Fund. | 17 | | (e) Fines imposed under this Section shall continue to | 18 | | accrue until: (i) the date that the matter is referred by the | 19 | | State Board to the Board's legal counsel; or (ii) the date that | 20 | | the health care facility becomes compliant with the Act, | 21 | | whichever is earlier. | 22 | | (Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15; | 23 | | 99-180, eff. 7-29-15; 99-527, eff. 1-1-17; 99-642, eff. | 24 | | 6-28-16 .)
| 25 | | Section 95. No acceleration or delay. Where this Act makes |
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| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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