Full Text of HB5968 98th General Assembly
HB5968enr 98TH 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 3, 5.3, 5.4, 6.2, 8.5, 10, 11, 12, | 6 | | 12.2, 12.5, 13, and 15 as follows:
| 7 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| 8 | | (Section scheduled to be repealed on December 31, 2019) | 9 | | Sec. 3. Definitions. As used in this Act:
| 10 | | "Health care facilities" means and includes
the following | 11 | | facilities, organizations, and related persons:
| 12 | | (1) 1. An ambulatory surgical treatment center | 13 | | required to be licensed
pursuant to the Ambulatory Surgical | 14 | | Treatment Center Act . ;
| 15 | | (2) 2. An institution, place, building, or agency | 16 | | required to be licensed
pursuant to the Hospital Licensing | 17 | | Act . ;
| 18 | | (3) 3. Skilled and intermediate long term care | 19 | | facilities licensed under the
Nursing
Home Care Act . | 20 | | (A) If a demonstration project under the Nursing | 21 | | Home Care Act applies for a certificate of need to | 22 | | convert to a nursing facility, it shall meet the | 23 | | licensure and certificate of need requirements in |
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| 1 | | effect as of the date of application. | 2 | | (B) Except as provided in item (A) of this | 3 | | subsection, this Act does not apply to facilities | 4 | | granted waivers under Section 3-102.2 of the Nursing | 5 | | Home Care Act. ;
| 6 | | (3.5) 3.5. Skilled and intermediate care facilities | 7 | | licensed under the ID/DD Community Care Act . ; | 8 | | (A) No permit or exemption is required for a | 9 | | facility licensed under the ID/DD Community Care Act | 10 | | prior to the reduction of the number of beds at a | 11 | | facility. If there is a total reduction of beds at a | 12 | | facility licensed under the ID/DD Community Care Act, | 13 | | this is a discontinuation or closure of the facility. | 14 | | If a facility licensed under the ID/DD Community Care | 15 | | Act reduces the number of beds or discontinues the | 16 | | facility, that facility must notify the Board as | 17 | | provided in Section 14.1 of this Act. | 18 | | (3.7) 3.7. Facilities licensed under the Specialized | 19 | | Mental Health Rehabilitation Act . ; | 20 | | (4) 4. Hospitals, nursing homes, ambulatory surgical | 21 | | treatment centers, or
kidney disease treatment centers
| 22 | | maintained by the State or any department or agency | 23 | | thereof . ;
| 24 | | (5) 5. Kidney disease treatment centers, including a | 25 | | free-standing
hemodialysis unit required to be licensed | 26 | | under the End Stage Renal Disease Facility Act . ;
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| 1 | | (A) This Act does not apply to a dialysis facility | 2 | | that provides only dialysis training, support, and | 3 | | related services to individuals with end stage renal | 4 | | disease who have elected to receive home dialysis. | 5 | | (B) This Act does not apply to a dialysis unit | 6 | | located in a licensed nursing home that offers or | 7 | | provides dialysis-related services to residents with | 8 | | end stage renal disease who have elected to receive | 9 | | home dialysis within the nursing home. | 10 | | (C) The Board, however, may require dialysis | 11 | | facilities and licensed nursing homes under items (A) | 12 | | and (B) of this subsection to report statistical | 13 | | information on a quarterly basis to the Board to be | 14 | | used by the Board to conduct analyses on the need for | 15 | | proposed kidney disease treatment centers. | 16 | | (6) 6. An institution, place, building, or room used | 17 | | for the performance of
outpatient surgical procedures that | 18 | | is leased, owned, or operated by or on
behalf of an | 19 | | out-of-state facility . ;
| 20 | | (7) 7. An institution, place, building, or room used | 21 | | for provision of a health care category of service, | 22 | | including, but not limited to, cardiac catheterization and | 23 | | open heart surgery . ; and | 24 | | (8) 8. An institution, place, building, or room housing | 25 | | used for provision of major medical equipment used in the | 26 | | direct clinical diagnosis or treatment of patients, and |
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| 1 | | whose project cost is in excess of the capital expenditure | 2 | | minimum. | 3 | | "Health care facilities" does not include the following | 4 | | entities or facility transactions: | 5 | | (1) Federally-owned facilities. | 6 | | (2) Facilities used solely for healing by prayer or | 7 | | spiritual means. | 8 | | (3) An existing facility located on any campus facility | 9 | | as defined in Section 5-5.8b of the Illinois Public Aid | 10 | | Code, provided that the campus facility encompasses 30 or | 11 | | more contiguous acres and that the new or renovated | 12 | | facility is intended for use by a licensed residential | 13 | | facility. | 14 | | (4) Facilities licensed under the Supportive | 15 | | Residences Licensing Act or the Assisted Living and Shared | 16 | | Housing Act. | 17 | | (5) Facilities designated as supportive living | 18 | | facilities that are in good standing with the program | 19 | | established under Section 5-5.01a of the Illinois Public | 20 | | Aid Code. | 21 | | (6) Facilities established and operating under the | 22 | | Alternative Health Care Delivery Act as a children's | 23 | | respite care center alternative health care model | 24 | | demonstration program or as an Alzheimer's Disease | 25 | | Management Center alternative health care model | 26 | | demonstration program. |
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| 1 | | (7) The closure of an entity or a portion of an entity | 2 | | licensed under the Nursing Home Care Act, the Specialized | 3 | | Mental Health Rehabilitation Act, or the ID/DD Community | 4 | | Care Act, with the exception of facilities operated by a | 5 | | county or Illinois Veterans Homes, that elect to convert, | 6 | | in whole or in part, to an assisted living or shared | 7 | | housing establishment licensed under the Assisted Living | 8 | | and Shared Housing Act. | 9 | | (8) Any change of ownership of a healthcare facility | 10 | | that is licensed under the Nursing Home Care Act, the | 11 | | Specialized Mental Health Rehabilitation Act, or the ID/DD | 12 | | Community Care Act, with the exception of facilities | 13 | | operated by a county or Illinois Veterans Homes. Changes of | 14 | | ownership of facilities licensed under the Nursing Home | 15 | | Care Act must meet the requirements set forth in Sections | 16 | | 3-101 through 3-119 of the Nursing Home Care Act. | 17 | | This Act shall not apply to the construction of any new | 18 | | facility or the renovation of any existing facility located on | 19 | | any campus facility as defined in Section 5-5.8b of the | 20 | | Illinois Public Aid Code, provided that the campus facility | 21 | | encompasses 30 or more contiguous acres and that the new or | 22 | | renovated facility is intended for use by a licensed | 23 | | residential facility. | 24 | | No federally owned facility shall be subject to the | 25 | | provisions of this
Act, nor facilities used solely for healing | 26 | | by prayer or spiritual means.
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| 1 | | No facility licensed under the Supportive Residences | 2 | | Licensing Act or the
Assisted Living and Shared Housing Act
| 3 | | shall be subject to the provisions of this Act.
| 4 | | No facility established and operating under the | 5 | | Alternative Health Care Delivery Act as a children's respite | 6 | | care center alternative health care model demonstration | 7 | | program or as an Alzheimer's Disease Management Center | 8 | | alternative health care model demonstration program shall be | 9 | | subject to the provisions of this Act. | 10 | | A facility designated as a supportive living facility that | 11 | | is in good
standing with the program
established under Section | 12 | | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | 13 | | the provisions of this
Act.
| 14 | | This Act does not apply to facilities granted waivers under | 15 | | Section 3-102.2
of the Nursing Home Care Act. However, if a | 16 | | demonstration project under that
Act applies for a certificate
| 17 | | of need to convert to a nursing facility, it shall meet the | 18 | | licensure and
certificate of need requirements in effect as of | 19 | | the date of application. | 20 | | This Act does not apply to a dialysis facility that | 21 | | provides only dialysis training, support, and related services | 22 | | to individuals with end stage renal disease who have elected to | 23 | | receive home dialysis. This Act does not apply to a dialysis | 24 | | unit located in a licensed nursing home that offers or provides | 25 | | dialysis-related services to residents with end stage renal | 26 | | disease who have elected to receive home dialysis within the |
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| 1 | | nursing home. The Board, however, may require these dialysis | 2 | | facilities and licensed nursing homes to report statistical | 3 | | information on a quarterly basis to the Board to be used by the | 4 | | Board to conduct analyses on the need for proposed kidney | 5 | | disease treatment centers.
| 6 | | This Act shall not apply to the closure of an entity or a | 7 | | portion of an
entity licensed under the Nursing Home Care Act, | 8 | | the Specialized Mental Health Rehabilitation Act, or the ID/DD | 9 | | Community Care Act, with the exceptions of facilities operated | 10 | | by a county or Illinois Veterans Homes, that elects to convert, | 11 | | in
whole or in part, to an assisted living or shared housing | 12 | | establishment
licensed under the Assisted Living and Shared | 13 | | Housing Act.
| 14 | | This Act does not apply to any change of ownership of a | 15 | | healthcare facility that is licensed under the Nursing Home | 16 | | Care Act, the Specialized Mental Health Rehabilitation Act, or | 17 | | the ID/DD Community Care Act, with the exceptions of facilities | 18 | | operated by a county or Illinois Veterans Homes. Changes of | 19 | | ownership of facilities licensed under the Nursing Home Care | 20 | | Act must meet the requirements set forth in Sections 3-101 | 21 | | through 3-119 of the Nursing Home Care Act.
| 22 | | With the exception of those health care facilities | 23 | | specifically
included in this Section, nothing in this Act | 24 | | shall be intended to
include facilities operated as a part of | 25 | | the practice of a physician or
other licensed health care | 26 | | professional, whether practicing in his
individual capacity or |
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| 1 | | within the legal structure of any partnership,
medical or | 2 | | professional corporation, or unincorporated medical or
| 3 | | professional group. Further, this Act shall not apply to | 4 | | physicians or
other licensed health care professional's | 5 | | practices where such practices
are carried out in a portion of | 6 | | a health care facility under contract
with such health care | 7 | | facility by a physician or by other licensed
health care | 8 | | professionals, whether practicing in his individual capacity
| 9 | | or within the legal structure of any partnership, medical or
| 10 | | professional corporation, or unincorporated medical or | 11 | | professional
groups, unless the entity constructs, modifies, | 12 | | or establishes a health care facility as specifically defined | 13 | | in this Section. This Act shall apply to construction or
| 14 | | modification and to establishment by such health care facility | 15 | | of such
contracted portion which is subject to facility | 16 | | licensing requirements,
irrespective of the party responsible | 17 | | for such action or attendant
financial obligation. | 18 | | No permit or exemption is required for a facility licensed | 19 | | under the ID/DD Community Care Act prior to the reduction of | 20 | | the number of beds at a facility. If there is a total reduction | 21 | | of beds at a facility licensed under the ID/DD Community Care | 22 | | Act, this is a discontinuation or closure of the facility. | 23 | | However, if a facility licensed under the ID/DD Community Care | 24 | | Act reduces the number of beds or discontinues the facility, | 25 | | that facility must notify the Board as provided in Section 14.1 | 26 | | of this Act.
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| 1 | | "Person" means any one or more natural persons, legal | 2 | | entities,
governmental bodies other than federal, or any | 3 | | combination thereof.
| 4 | | "Consumer" means any person other than a person (a) whose | 5 | | major
occupation currently involves or whose official capacity | 6 | | within the last
12 months has involved the providing, | 7 | | administering or financing of any
type of health care facility, | 8 | | (b) who is engaged in health research or
the teaching of | 9 | | health, (c) who has a material financial interest in any
| 10 | | activity which involves the providing, administering or | 11 | | financing of any
type of health care facility, or (d) who is or | 12 | | ever has been a member of
the immediate family of the person | 13 | | defined by (a), (b), or (c).
| 14 | | "State Board" or "Board" means the Health Facilities and | 15 | | Services Review Board.
| 16 | | "Construction or modification" means the establishment, | 17 | | erection,
building, alteration, reconstruction, modernization, | 18 | | improvement,
extension, discontinuation, change of ownership, | 19 | | of or by a health care
facility, or the purchase or acquisition | 20 | | by or through a health care facility
of
equipment or service | 21 | | for diagnostic or therapeutic purposes or for
facility | 22 | | administration or operation, or any capital expenditure made by
| 23 | | or on behalf of a health care facility which
exceeds the | 24 | | capital expenditure minimum; however, any capital expenditure
| 25 | | made by or on behalf of a health care facility for (i) the | 26 | | construction or
modification of a facility licensed under the |
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| 1 | | Assisted Living and Shared
Housing Act or (ii) a conversion | 2 | | project undertaken in accordance with Section 30 of the Older | 3 | | Adult Services Act shall be excluded from any obligations under | 4 | | this Act.
| 5 | | "Establish" means the construction of a health care | 6 | | facility or the
replacement of an existing facility on another | 7 | | site or the initiation of a category of service.
| 8 | | "Major medical equipment" means medical equipment which is | 9 | | used for the
provision of medical and other health services and | 10 | | which costs in excess
of the capital expenditure minimum, | 11 | | except that such term does not include
medical equipment | 12 | | acquired
by or on behalf of a clinical laboratory to provide | 13 | | clinical laboratory
services if the clinical laboratory is | 14 | | independent of a physician's office
and a hospital and it has | 15 | | been determined under Title XVIII of the Social
Security Act to | 16 | | meet the requirements of paragraphs (10) and (11) of Section
| 17 | | 1861(s) of such Act. In determining whether medical equipment | 18 | | has a value
in excess of the capital expenditure minimum, the | 19 | | value of studies, surveys,
designs, plans, working drawings, | 20 | | specifications, and other activities
essential to the | 21 | | acquisition of such equipment shall be included.
| 22 | | "Capital Expenditure" means an expenditure: (A) made by or | 23 | | on behalf of
a health care facility (as such a facility is | 24 | | defined in this Act); and
(B) which under generally accepted | 25 | | accounting principles is not properly
chargeable as an expense | 26 | | of operation and maintenance, or is made to obtain
by lease or |
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| 1 | | comparable arrangement any facility or part thereof or any
| 2 | | equipment for a facility or part; and which exceeds the capital | 3 | | expenditure
minimum.
| 4 | | For the purpose of this paragraph, the cost of any studies, | 5 | | surveys, designs,
plans, working drawings, specifications, and | 6 | | other activities essential
to the acquisition, improvement, | 7 | | expansion, or replacement of any plant
or equipment with | 8 | | respect to which an expenditure is made shall be included
in | 9 | | determining if such expenditure exceeds the capital | 10 | | expenditures minimum.
Unless otherwise interdependent, or | 11 | | submitted as one project by the applicant, components of | 12 | | construction or modification undertaken by means of a single | 13 | | construction contract or financed through the issuance of a | 14 | | single debt instrument shall not be grouped together as one | 15 | | project. Donations of equipment
or facilities to a health care | 16 | | facility which if acquired directly by such
facility would be | 17 | | subject to review under this Act shall be considered capital
| 18 | | expenditures, and a transfer of equipment or facilities for | 19 | | less than fair
market value shall be considered a capital | 20 | | expenditure for purposes of this
Act if a transfer of the | 21 | | equipment or facilities at fair market value would
be subject | 22 | | to review.
| 23 | | "Capital expenditure minimum" means $11,500,000 for | 24 | | projects by hospital applicants, $6,500,000 for applicants for | 25 | | projects related to skilled and intermediate care long-term | 26 | | care facilities licensed under the Nursing Home Care Act, and |
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| 1 | | $3,000,000 for projects by all other applicants, which shall be | 2 | | annually
adjusted to reflect the increase in construction costs | 3 | | due to inflation, for major medical equipment and for all other
| 4 | | capital expenditures.
| 5 | | "Non-clinical service area" means an area (i) for the | 6 | | benefit of the
patients, visitors, staff, or employees of a | 7 | | health care facility and (ii) not
directly related to the | 8 | | diagnosis, treatment, or rehabilitation of persons
receiving | 9 | | services from the health care facility. "Non-clinical service | 10 | | areas"
include, but are not limited to, chapels; gift shops; | 11 | | news stands; computer
systems; tunnels, walkways, and | 12 | | elevators; telephone systems; projects to
comply with life | 13 | | safety codes; educational facilities; student housing;
| 14 | | patient, employee, staff, and visitor dining areas; | 15 | | administration and
volunteer offices; modernization of | 16 | | structural components (such as roof
replacement and masonry | 17 | | work); boiler repair or replacement; vehicle
maintenance and | 18 | | storage facilities; parking facilities; mechanical systems for
| 19 | | heating, ventilation, and air conditioning; loading docks; and | 20 | | repair or
replacement of carpeting, tile, wall coverings, | 21 | | window coverings or treatments,
or furniture. Solely for the | 22 | | purpose of this definition, "non-clinical service
area" does | 23 | | not include health and fitness centers.
| 24 | | "Areawide" means a major area of the State delineated on a
| 25 | | geographic, demographic, and functional basis for health | 26 | | planning and
for health service and having within it one or |
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| 1 | | more local areas for
health planning and health service. The | 2 | | term "region", as contrasted
with the term "subregion", and the | 3 | | word "area" may be used synonymously
with the term "areawide".
| 4 | | "Local" means a subarea of a delineated major area that on | 5 | | a
geographic, demographic, and functional basis may be | 6 | | considered to be
part of such major area. The term "subregion" | 7 | | may be used synonymously
with the term "local".
| 8 | | "Physician" means a person licensed to practice in | 9 | | accordance with
the Medical Practice Act of 1987, as amended.
| 10 | | "Licensed health care professional" means a person | 11 | | licensed to
practice a health profession under pertinent | 12 | | licensing statutes of the
State of Illinois.
| 13 | | "Director" means the Director of the Illinois Department of | 14 | | Public Health.
| 15 | | "Agency" means the Illinois Department of Public Health.
| 16 | | "Alternative health care model" means a facility or program | 17 | | authorized
under the Alternative Health Care Delivery Act.
| 18 | | "Out-of-state facility" means a person that is both (i) | 19 | | licensed as a
hospital or as an ambulatory surgery center under | 20 | | the laws of another state
or that
qualifies as a hospital or an | 21 | | ambulatory surgery center under regulations
adopted pursuant | 22 | | to the Social Security Act and (ii) not licensed under the
| 23 | | Ambulatory Surgical Treatment Center Act, the Hospital | 24 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of | 25 | | out-of-state facilities shall be
considered out-of-state | 26 | | facilities. Affiliates of Illinois licensed health
care |
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| 1 | | facilities 100% owned by an Illinois licensed health care | 2 | | facility, its
parent, or Illinois physicians licensed to | 3 | | practice medicine in all its
branches shall not be considered | 4 | | out-of-state facilities. Nothing in
this definition shall be
| 5 | | construed to include an office or any part of an office of a | 6 | | physician licensed
to practice medicine in all its branches in | 7 | | Illinois that is not required to be
licensed under the | 8 | | Ambulatory Surgical Treatment Center Act.
| 9 | | "Change of ownership of a health care facility" means a | 10 | | change in the
person
who has ownership or
control of a health | 11 | | care facility's physical plant and capital assets. A change
in | 12 | | ownership is indicated by
the following transactions: sale, | 13 | | transfer, acquisition, lease, change of
sponsorship, or other | 14 | | means of
transferring control.
| 15 | | "Related person" means any person that: (i) is at least 50% | 16 | | owned, directly
or indirectly, by
either the health care | 17 | | facility or a person owning, directly or indirectly, at
least | 18 | | 50% of the health
care facility; or (ii) owns, directly or | 19 | | indirectly, at least 50% of the
health care facility.
| 20 | | "Charity care" means care provided by a health care | 21 | | facility for which the provider does not expect to receive | 22 | | payment from the patient or a third-party payer. | 23 | | "Freestanding emergency center" means a facility subject | 24 | | to licensure under Section 32.5 of the Emergency Medical | 25 | | Services (EMS) Systems Act. | 26 | | "Category of service" means a grouping by generic class of |
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| 1 | | various types or levels of support functions, equipment, care, | 2 | | or treatment provided to patients or residents, including, but | 3 | | not limited to, classes such as medical-surgical, pediatrics, | 4 | | or cardiac catheterization. A category of service may include | 5 | | subcategories or levels of care that identify a particular | 6 | | degree or type of care within the category of service. Nothing | 7 | | in this definition shall be construed to include the practice | 8 | | of a physician or other licensed health care professional while | 9 | | functioning in an office providing for the care, diagnosis, or | 10 | | treatment of patients. A category of service that is subject to | 11 | | the Board's jurisdiction must be designated in rules adopted by | 12 | | the Board. | 13 | | "State Board Staff Report" means the document that sets | 14 | | forth the review and findings of the State Board staff, as | 15 | | prescribed by the State Board, regarding applications subject | 16 | | to Board jurisdiction. | 17 | | (Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813, | 18 | | eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14.)
| 19 | | (20 ILCS 3960/5.3)
| 20 | | (Section scheduled to be repealed on December 31, 2019)
| 21 | | Sec. 5.3. Annual report of capital expenditures. In | 22 | | addition to the
State Board's
authority to require reports,
the | 23 | | State Board shall require each health care facility to
submit | 24 | | an annual report of all capital expenditures in excess of | 25 | | $200,000
(which shall be annually adjusted to reflect the |
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| 1 | | increase in construction costs
due to inflation) made by the | 2 | | health care facility during the most recent year.
This annual | 3 | | report shall consist of a brief description of the capital
| 4 | | expenditure, the amount and method of financing the capital | 5 | | expenditure,
the certificate of need project number if the | 6 | | project was reviewed, and the
total amount of capital | 7 | | expenditures obligated for the year.
Data collected from health | 8 | | care facilities pursuant to this Section shall
not duplicate or | 9 | | overlap other
data collected by the Department and must be | 10 | | collected as part of the State Board's
Department's Annual
| 11 | | Questionnaires or supplements for health care facilities that | 12 | | report these
data.
| 13 | | (Source: P.A. 93-41, eff. 6-27-03 .)
| 14 | | (20 ILCS 3960/5.4) | 15 | | (Section scheduled to be repealed on December 31, 2019) | 16 | | Sec. 5.4. Safety Net Impact Statement. | 17 | | (a) General review criteria shall include a requirement | 18 | | that all health care facilities, with the exception of skilled | 19 | | and intermediate long-term care facilities licensed under the | 20 | | Nursing Home Care Act, provide a Safety Net Impact Statement, | 21 | | which shall be filed with an application for a substantive | 22 | | project or when the application proposes to discontinue a | 23 | | category of service. | 24 | | (b) For the purposes of this Section, "safety net services" | 25 | | are services provided by health care providers or organizations |
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| 1 | | that deliver health care services to persons with barriers to | 2 | | mainstream health care due to lack of insurance, inability to | 3 | | pay, special needs, ethnic or cultural characteristics, or | 4 | | geographic isolation. Safety net service providers include, | 5 | | but are not limited to, hospitals and private practice | 6 | | physicians that provide charity care, school-based health | 7 | | centers, migrant health clinics, rural health clinics, | 8 | | federally qualified health centers, community health centers, | 9 | | public health departments, and community mental health | 10 | | centers. | 11 | | (c) As developed by the applicant, a Safety Net Impact | 12 | | Statement shall describe all of the following: | 13 | | (1) The project's material impact, if any, on essential | 14 | | safety net services in the community, to the extent that it | 15 | | is feasible for an applicant to have such knowledge. | 16 | | (2) The project's impact on the ability of another | 17 | | provider or health care system to cross-subsidize safety | 18 | | net services, if reasonably known to the applicant. | 19 | | (3) How the discontinuation of a facility or service | 20 | | might impact the remaining safety net providers in a given | 21 | | community, if reasonably known by the applicant. | 22 | | (d) Safety Net Impact Statements shall also include all of | 23 | | the following: | 24 | | (1) For the 3 fiscal years prior to the application, a | 25 | | certification describing the amount of charity care | 26 | | provided by the applicant. The amount calculated by |
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| 1 | | hospital applicants shall be in accordance with the | 2 | | reporting requirements for charity care reporting in the | 3 | | Illinois Community Benefits Act. Non-hospital applicants | 4 | | shall report charity care, at cost, in accordance with an | 5 | | appropriate methodology specified by the Board. | 6 | | (2) For the 3 fiscal years prior to the application, a | 7 | | certification of the amount of care provided to Medicaid | 8 | | patients. Hospital and non-hospital applicants shall | 9 | | provide Medicaid information in a manner consistent with | 10 | | the information reported each year to the State Board | 11 | | Illinois Department of Public Health regarding "Inpatients | 12 | | and Outpatients Served by Payor Source" and "Inpatient and | 13 | | Outpatient Net Revenue by Payor Source" as required by the | 14 | | Board under Section 13 of this Act and published in the | 15 | | Annual Hospital Profile. | 16 | | (3) Any information the applicant believes is directly | 17 | | relevant to safety net services, including information | 18 | | regarding teaching, research, and any other service. | 19 | | (e) The Board staff shall publish a notice, that an | 20 | | application accompanied by a Safety Net Impact Statement has | 21 | | been filed, in a newspaper having general circulation within | 22 | | the area affected by the application. If no newspaper has a | 23 | | general circulation within the county, the Board shall post the | 24 | | notice in 5 conspicuous places within the proposed area. | 25 | | (f) Any person, community organization, provider, or | 26 | | health system or other entity wishing to comment upon or oppose |
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| 1 | | the application may file a Safety Net Impact Statement Response | 2 | | with the Board, which shall provide additional information | 3 | | concerning a project's impact on safety net services in the | 4 | | community. | 5 | | (g) Applicants shall be provided an opportunity to submit a | 6 | | reply to any Safety Net Impact Statement Response. | 7 | | (h) The Board staff report shall include a statement as to | 8 | | whether a Safety Net Impact Statement was filed by the | 9 | | applicant and whether it included information on charity care, | 10 | | the amount of care provided to Medicaid patients, and | 11 | | information on teaching, research, or any other service | 12 | | provided by the applicant directly relevant to safety net | 13 | | services. The report shall also indicate the names of the | 14 | | parties submitting responses and the number of responses and | 15 | | replies, if any, that were filed.
| 16 | | (Source: P.A. 96-31, eff. 6-30-09.) | 17 | | (20 ILCS 3960/6.2) | 18 | | (Section scheduled to be repealed on December 31, 2019) | 19 | | Sec. 6.2. Review of permits ; State Board Staff Reports . | 20 | | Upon receipt of an application for a permit to establish,
| 21 | | construct, or modify a health care facility, the State Board | 22 | | staff
shall notify the applicant in writing within 10
working | 23 | | days either that the application is or is not complete. If the
| 24 | | application is complete, the State Board staff shall
notify the | 25 | | applicant of the beginning of the review process. If the |
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| 1 | | application is not complete, the Board staff shall explain | 2 | | within the 10-day period why the application is incomplete. | 3 | | The State Board staff shall afford a reasonable amount of | 4 | | time as
established by the State Board, but not to exceed 120 | 5 | | days,
for the review of the application. The 120-day period
| 6 | | begins on the day the application is found to be
substantially | 7 | | complete, as that term is defined by the State
Board. During | 8 | | the 120-day period, the applicant may request
an extension. An | 9 | | applicant may modify the application at any
time before a final | 10 | | administrative decision has been made on the
application.
| 11 | | The State Board shall prescribe and provide the forms upon
| 12 | | which the review and findings of the State Board Staff Report | 13 | | staff shall be
made. The State Board staff shall submit its | 14 | | State Board Staff Report review and findings
to the State Board | 15 | | for its decision-making regarding approval or denial of the | 16 | | 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. 97-1115, eff. 8-27-12.) | 14 | | (20 ILCS 3960/8.5) | 15 | | (Section scheduled to be repealed on December 31, 2019) | 16 | | Sec. 8.5. Certificate of exemption for change of ownership | 17 | | of a health care facility; public notice and public hearing. | 18 | | (a) Upon a finding by the Department of Public Health that | 19 | | an application for a change of ownership is complete, the State | 20 | | Board Department of Public Health shall publish a legal notice | 21 | | on 3 consecutive days in a newspaper of general circulation in | 22 | | the area or community to be affected and afford the public an | 23 | | opportunity to request a hearing. If the application is for a | 24 | | facility located in a Metropolitan Statistical Area, an | 25 | | additional legal notice shall be published in a newspaper of |
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| 1 | | limited circulation, if one exists, in the area in which the | 2 | | facility is located. If the newspaper of limited circulation is | 3 | | published on a daily basis, the additional legal notice shall | 4 | | be published on 3 consecutive days. The legal notice shall also | 5 | | be posted on the Health Facilities and Services Review Board's | 6 | | web site and sent to the State Representative and State Senator | 7 | | of the district in which the health care facility is located. | 8 | | An The Department of Public Health shall not find that an | 9 | | application for change of ownership of a hospital shall not be | 10 | | deemed is complete without a signed certification that for a | 11 | | period of 2 years after the change of ownership transaction is | 12 | | effective, the hospital will not adopt a charity care policy | 13 | | that is
more restrictive than the policy in effect during the | 14 | | year prior to the transaction. | 15 | | For the purposes of this subsection, "newspaper of limited | 16 | | circulation" means a newspaper intended to serve a particular | 17 | | or defined population of a specific geographic area within a | 18 | | Metropolitan Statistical Area such as a municipality, town, | 19 | | village, township, or community area, but does not include | 20 | | publications of professional and trade associations.
| 21 | | (b) If a public hearing is requested, it shall be held at | 22 | | least 15 days but no more than 30 days after the date of | 23 | | publication of the legal notice in the community in which the | 24 | | facility is located. The hearing shall be held in a place of | 25 | | reasonable size and accessibility and a full and complete | 26 | | written transcript of the proceedings shall be made. The |
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| 1 | | applicant shall provide a summary of the proposed change of | 2 | | ownership for distribution at the public hearing.
| 3 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 4 | | (20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
| 5 | | (Section scheduled to be repealed on December 31, 2019)
| 6 | | Sec. 10. Presenting information relevant to the approval of | 7 | | a permit or
certificate or in opposition to the denial of the | 8 | | application; notice of
outcome and review proceedings. When a | 9 | | motion by the State Board, to approve
an application for
a | 10 | | permit or a certificate of recognition, fails to pass,
or when | 11 | | a motion to deny an application for a permit
or
a certificate | 12 | | of recognition is passed, the applicant or the holder
of the
| 13 | | permit, as the case may be, and such other parties as the State | 14 | | Board permits,
will be given an opportunity to appear before | 15 | | the State Board and present
such information as may be relevant | 16 | | to the approval of a permit or certificate
or in opposition to | 17 | | the denial of the application.
| 18 | | Subsequent to an appearance by the applicant before the | 19 | | State Board or
default of such opportunity to appear, a motion | 20 | | by the State Board to approve
an application for a permit or a | 21 | | certificate of recognition which fails to pass
or a motion to | 22 | | deny an application for a permit or a certificate of | 23 | | recognition
which passes shall be considered denial of the | 24 | | application for a permit or
certificate of recognition, as the | 25 | | case may be. Such action of denial or an
action by the State |
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| 1 | | Board to revoke a permit or a certificate of recognition
shall | 2 | | be communicated to the applicant or holder of the permit or | 3 | | certificate
of recognition. Such person or organization shall | 4 | | be afforded an opportunity
for a hearing before an | 5 | | administrative law judge, who is appointed by the Chairman of | 6 | | the State Board. A written notice of a request for such hearing | 7 | | shall be
served upon the Chairman of the State Board within 30 | 8 | | days following
notification of the decision of the State Board. | 9 | | The administrative law judge shall take actions
necessary to | 10 | | ensure that the hearing is completed within a
reasonable period | 11 | | of time, but not to exceed 120 days, except for delays or
| 12 | | continuances agreed to by the
person requesting the hearing.
| 13 | | Following its consideration
of the report of the hearing, or | 14 | | upon default of the party to the hearing,
the State Board shall | 15 | | make its final determination, specifying its findings and
| 16 | | conclusions
within 90 days of receiving the written report of | 17 | | the hearing.
A copy of such determination shall be sent by | 18 | | certified
mail or served personally upon the party.
| 19 | | A full and complete record shall be kept of all | 20 | | proceedings,
including the notice of hearing, complaint, and | 21 | | all other documents in
the nature of pleadings, written motions | 22 | | filed in the proceedings, and
the report and orders of the | 23 | | State Board or hearing officer. All
testimony shall be reported | 24 | | but need not be transcribed unless the
decision is appealed in | 25 | | accordance with the Administrative Review Law,
as now or | 26 | | hereafter amended. A copy or copies of the transcript may be
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| 1 | | obtained by any interested party on payment of the cost of | 2 | | preparing
such copy or copies.
| 3 | | The State Board or hearing officer shall upon its own or | 4 | | his motion,
or on the written request of any party to the | 5 | | proceeding who has, in the
State Board's or hearing officer's | 6 | | opinion, demonstrated the relevancy
of such request to the | 7 | | outcome of the proceedings, issue subpoenas
requiring the | 8 | | attendance and the giving of testimony by witnesses, and
| 9 | | subpoenas duces tecum requiring the production of books, | 10 | | papers,
records, or memoranda. The fees of witnesses for | 11 | | attendance and travel
shall be the same as the fees of | 12 | | witnesses before the circuit court of
this State.
| 13 | | When the witness is subpoenaed at the instance of the State | 14 | | Board, or
its hearing officer, such fees shall be paid in the | 15 | | same manner as other
expenses of the Board Agency , and when the | 16 | | witness is subpoenaed at the
instance of any other party to any | 17 | | such proceeding the State Board may,
in accordance with its the | 18 | | rules of the Agency , require that the cost of
service of the | 19 | | subpoena or subpoena duces tecum and the fee of the
witness be | 20 | | borne by the party at whose instance the witness is summoned.
| 21 | | In such case, the State Board in its discretion, may require a | 22 | | deposit
to cover the cost of such service and witness fees. A | 23 | | subpoena or
subpoena duces tecum so issued shall be served in | 24 | | the same manner as a
subpoena issued out of a court.
| 25 | | Any circuit court of this State upon the application of the | 26 | | State
Board or upon the application of any other party to the |
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| 1 | | proceeding, may,
in its discretion, compel the attendance of | 2 | | witnesses, the production of
books, papers, records, or | 3 | | memoranda and the giving of testimony before
it or its hearing | 4 | | officer conducting an investigation or holding a
hearing | 5 | | authorized by this Act, by an attachment for contempt, or
| 6 | | otherwise, in the same manner as production of evidence may be | 7 | | compelled
before the court.
| 8 | | (Source: P.A. 97-1115, eff. 8-27-12.)
| 9 | | (20 ILCS 3960/11) (from Ch. 111 1/2, par. 1161)
| 10 | | (Section scheduled to be repealed on December 31, 2019)
| 11 | | Sec. 11.
Any person who is adversely affected by a final | 12 | | decision of the
State Board may have
such decision judicially | 13 | | reviewed. The provisions of the Administrative
Review Law, as | 14 | | now or hereafter amended, and the rules adopted pursuant
| 15 | | thereto shall apply to and govern all proceedings for the | 16 | | judicial
review of final administrative decisions of the State | 17 | | Board. The term
"administrative decisions" is as defined in | 18 | | Section 3-101 of the Code of
Civil Procedure. In order to | 19 | | comply with subsection (b) of Section 3-108 of the | 20 | | Administrative Review Law of the Code of Civil Procedure, the | 21 | | State Board shall transcribe each State Board meeting using a | 22 | | certified court reporter. The transcript shall contain the | 23 | | record of the findings and decisions of the State Board.
| 24 | | (Source: P.A. 82-1057 .)
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| 1 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 2 | | (Section scheduled to be repealed on December 31, 2019) | 3 | | Sec. 12. Powers and duties of State Board. For purposes of | 4 | | this Act,
the State Board
shall
exercise the following powers | 5 | | and duties:
| 6 | | (1) Prescribe rules,
regulations, standards, criteria, | 7 | | procedures or reviews which may vary
according to the purpose | 8 | | for which a particular review is being conducted
or the type of | 9 | | project reviewed and which are required to carry out the
| 10 | | provisions and purposes of this Act. Policies and procedures of | 11 | | the State Board shall take into consideration the priorities | 12 | | and needs of medically underserved areas and other health care | 13 | | services identified through the comprehensive health planning | 14 | | process, giving special consideration to the impact of projects | 15 | | 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, facilities licensed under | 7 | | the Specialized Mental Health Rehabilitation Act, or nursing | 8 | | homes licensed under the Hospital Licensing Act shall be | 9 | | conducted on an annual basis no later than July 1 of each year | 10 | | and shall include among the information requested a list of all | 11 | | services provided by a facility to its residents and to the | 12 | | community at large and differentiate between active and | 13 | | inactive beds.
| 14 | | In developing health care facility plans, the State Board | 15 | | shall consider,
but shall not be limited to, the following:
| 16 | | (a) The size, composition and growth of the population | 17 | | of the area
to be served;
| 18 | | (b) The number of existing and planned facilities | 19 | | offering similar
programs;
| 20 | | (c) The extent of utilization of existing facilities;
| 21 | | (d) The availability of facilities which may serve as | 22 | | alternatives
or substitutes;
| 23 | | (e) The availability of personnel necessary to the | 24 | | operation of the
facility;
| 25 | | (f) Multi-institutional planning and the establishment | 26 | | of
multi-institutional systems where feasible;
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| 1 | | (g) The financial and economic feasibility of proposed | 2 | | construction
or modification; and
| 3 | | (h) In the case of health care facilities established | 4 | | by a religious
body or denomination, the needs of the | 5 | | members of such religious body or
denomination may be | 6 | | considered to be public need.
| 7 | | The health care facility plans which are developed and | 8 | | adopted in
accordance with this Section shall form the basis | 9 | | for the plan of the State
to deal most effectively with | 10 | | statewide health needs in regard to health
care facilities.
| 11 | | (5) Coordinate with the Center for Comprehensive Health | 12 | | Planning and other state agencies having responsibilities
| 13 | | affecting health care facilities, including those of licensure | 14 | | and cost
reporting. Beginning no later than January 1, 2013, | 15 | | the Department of Public Health shall produce a written annual | 16 | | report to the Governor and the General Assembly regarding the | 17 | | development of the Center for Comprehensive Health Planning. | 18 | | The Chairman of the State Board and the State Board | 19 | | Administrator shall also receive a copy of the annual report.
| 20 | | (6) Solicit, accept, hold and administer on behalf of the | 21 | | State
any grants or bequests of money, securities or property | 22 | | for
use by the State Board or Center for Comprehensive Health | 23 | | Planning in the administration of this Act; and enter into | 24 | | contracts
consistent with the appropriations for purposes | 25 | | enumerated in this Act.
| 26 | | (7) The State Board shall prescribe procedures for review, |
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| 1 | | standards,
and criteria which shall be utilized
to make | 2 | | periodic reviews and determinations of the appropriateness
of | 3 | | any existing health services being rendered by health care | 4 | | facilities
subject to the Act. The State Board shall consider | 5 | | recommendations of the
Board in making its
determinations.
| 6 | | (8) Prescribe, in consultation
with the Center for | 7 | | Comprehensive Health Planning, rules, regulations,
standards, | 8 | | and criteria for the conduct of an expeditious review of
| 9 | | applications
for permits for projects of construction or | 10 | | modification of a health care
facility, which projects are | 11 | | classified as emergency, substantive, or non-substantive in | 12 | | nature. | 13 | | Six months after June 30, 2009 (the effective date of | 14 | | Public Act 96-31), substantive projects shall include no more | 15 | | than the following: | 16 | | (a) Projects to construct (1) a new or replacement | 17 | | facility located on a new site or
(2) a replacement | 18 | | facility located on the same site as the original facility | 19 | | and the cost of the replacement facility exceeds the | 20 | | capital expenditure minimum, which shall be reviewed by the | 21 | | Board within 120 days; | 22 | | (b) Projects proposing a
(1) new service within an | 23 | | existing healthcare facility or
(2) discontinuation of a | 24 | | service within an existing healthcare facility, which | 25 | | shall be reviewed by the Board within 60 days; or | 26 | | (c) Projects proposing a change in the bed capacity of |
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| 1 | | a health care facility by an increase in the total number | 2 | | of beds or by a redistribution of beds among various | 3 | | categories of service or by a relocation of beds from one | 4 | | physical facility or site to another by more than 20 beds | 5 | | or more than 10% of total bed capacity, as defined by the | 6 | | State Board, whichever is less, over a 2-year period. | 7 | | The Chairman may approve applications for exemption that | 8 | | meet the criteria set forth in rules or refer them to the full | 9 | | Board. The Chairman may approve any unopposed application that | 10 | | meets all of the review criteria or refer them to the full | 11 | | Board. | 12 | | Such rules shall
not abridge the right of the Center for | 13 | | Comprehensive Health Planning to make
recommendations on the | 14 | | classification and approval of projects, nor shall
such rules | 15 | | prevent the conduct of a public hearing upon the timely request
| 16 | | of an interested party. Such reviews shall not exceed 60 days | 17 | | from the
date the application is declared to be complete.
| 18 | | (9) Prescribe rules, regulations,
standards, and criteria | 19 | | pertaining to the granting of permits for
construction
and | 20 | | modifications which are emergent in nature and must be | 21 | | undertaken
immediately to prevent or correct structural | 22 | | deficiencies or hazardous
conditions that may harm or injure | 23 | | persons using the facility, as defined
in the rules and | 24 | | regulations of the State Board. This procedure is exempt
from | 25 | | public hearing requirements of this Act.
| 26 | | (10) Prescribe rules,
regulations, standards and criteria |
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| 1 | | for the conduct of an expeditious
review, not exceeding 60 | 2 | | days, of applications for permits for projects to
construct or | 3 | | modify health care facilities which are needed for the care
and | 4 | | treatment of persons who have acquired immunodeficiency | 5 | | syndrome (AIDS)
or related conditions.
| 6 | | (11) Issue written decisions upon request of the applicant | 7 | | or an adversely affected party to the Board. Requests for a | 8 | | written decision shall be made within 15 days after the Board | 9 | | meeting in which a final decision has been made. A "final | 10 | | decision" for purposes of this Act is the decision to approve | 11 | | or deny an application, or take other actions permitted under | 12 | | this Act, at the time and date of the meeting that such action | 13 | | is scheduled by the Board. State Board members shall provide | 14 | | their rationale when voting on an item before the State Board | 15 | | at a State Board meeting in order to comply with subsection (b) | 16 | | of Section 3-108 of the Administrative Review Law of the Code | 17 | | of Civil Procedure. The transcript of the State Board meeting | 18 | | shall be incorporated into the Board's final decision. The | 19 | | staff of the Board shall prepare a written copy of the final | 20 | | decision and the Board shall approve a final copy for inclusion | 21 | | in the formal record. The Board shall consider, for approval, | 22 | | the written draft of the final decision no later than the next | 23 | | scheduled Board meeting. The written decision shall identify | 24 | | the applicable criteria and factors listed in this Act and the | 25 | | Board's regulations that were taken into consideration by the | 26 | | Board when coming to a final decision. If the Board denies or |
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| 1 | | fails to approve an application for permit or exemption, the | 2 | | Board shall include in the final decision a detailed | 3 | | explanation as to why the application was denied and identify | 4 | | what specific criteria or standards the applicant did not | 5 | | fulfill. | 6 | | (12) Require at least one of its members to participate in | 7 | | any public hearing, after the appointment of a majority of the | 8 | | members to the Board. | 9 | | (13) Provide a mechanism for the public to comment on, and | 10 | | request changes to, draft rules and standards. | 11 | | (14) Implement public information campaigns to regularly | 12 | | inform the general public about the opportunity for public | 13 | | hearings and public hearing procedures. | 14 | | (15) Establish a separate set of rules and guidelines for | 15 | | long-term care that recognizes that nursing homes are a | 16 | | different business line and service model from other regulated | 17 | | facilities. An open and transparent process shall be developed | 18 | | that considers the following: how skilled nursing fits in the | 19 | | continuum of care with other care providers, modernization of | 20 | | nursing homes, establishment of more private rooms, | 21 | | development of alternative services, and current trends in | 22 | | long-term care services.
The Chairman of the Board shall | 23 | | appoint a permanent Health Services Review Board Long-term Care | 24 | | Facility Advisory Subcommittee that shall develop and | 25 | | recommend to the Board the rules to be established by the Board | 26 | | under this paragraph (15). The Subcommittee shall also provide |
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| 1 | | continuous review and commentary on policies and procedures | 2 | | relative to long-term care and the review of related projects. | 3 | | In consultation with other experts from the health field of | 4 | | long-term care, the Board and the Subcommittee shall study new | 5 | | approaches to the current bed need formula and Health Service | 6 | | Area boundaries to encourage flexibility and innovation in | 7 | | design models reflective of the changing long-term care | 8 | | marketplace and consumer preferences. The Subcommittee shall | 9 | | evaluate, and make recommendations to the State Board | 10 | | regarding, the buying, selling, and exchange of beds between | 11 | | long-term care facilities within a specified geographic area or | 12 | | drive time. The Board shall file the proposed related | 13 | | administrative rules for the separate rules and guidelines for | 14 | | long-term care required by this paragraph (15) by no later than | 15 | | September 30, 2011. The Subcommittee shall be provided a | 16 | | reasonable and timely opportunity to review and comment on any | 17 | | review, revision, or updating of the criteria, standards, | 18 | | procedures, and rules used to evaluate project applications as | 19 | | provided under Section 12.3 of this Act. | 20 | | (16) Prescribe and provide forms pertaining to the State | 21 | | Board Staff Report. A State Board Staff Report shall pertain to | 22 | | applications that include, but are not limited to, applications | 23 | | for permit or exemption, applications for permit renewal, | 24 | | applications for extension of the obligation period, | 25 | | applications requesting a declaratory ruling, or applications | 26 | | under the Health Care Worker Self Referral Act. State Board |
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| 1 | | Staff Reports shall compare applications to the relevant review | 2 | | criteria under the Board's rules. | 3 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | 4 | | eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; | 5 | | 98-414, eff. 1-1-14; 98-463, eff. 8-16-13.)
| 6 | | (20 ILCS 3960/12.2)
| 7 | | (Section scheduled to be repealed on December 31, 2019)
| 8 | | Sec. 12.2. Powers of the State Board staff. For purposes of | 9 | | this Act,
the staff shall exercise the following powers and | 10 | | duties:
| 11 | | (1) Review applications for permits and exemptions in | 12 | | accordance with the
standards, criteria, and plans of need | 13 | | established by the State Board under
this Act and certify its | 14 | | finding to the State Board.
| 15 | | (1.5) Post the following on the Board's web site: relevant | 16 | | (i)
rules,
(ii)
standards, (iii)
criteria, (iv) State norms, | 17 | | (v) references used by Board Agency staff in making
| 18 | | determinations about whether application criteria are met, and | 19 | | (vi) notices of
project-related filings, including notice of | 20 | | public comments related to the
application.
| 21 | | (2) Charge and collect an amount determined by the State | 22 | | Board and the staff to be
reasonable fees for the processing of | 23 | | applications by the State Board.
The State Board shall set the | 24 | | amounts by rule. Application fees for continuing care | 25 | | retirement communities, and other health care models that |
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| 1 | | include regulated and unregulated components, shall apply only | 2 | | to those components subject to regulation under this Act. All | 3 | | fees and fines
collected under the provisions of this Act shall | 4 | | be deposited
into the Illinois Health Facilities Planning Fund | 5 | | to be used for the
expenses of administering this Act.
| 6 | | (2.1) Publish the following reports on the State Board | 7 | | website: | 8 | | (A) An annual accounting, aggregated by category and | 9 | | with names of parties redacted, of fees, fines, and other | 10 | | revenue collected as well as expenses incurred, in the | 11 | | administration of this Act. | 12 | | (B) An annual report, with names of the parties | 13 | | redacted, that summarizes all settlement agreements | 14 | | entered into with the State Board that resolve an alleged | 15 | | instance of noncompliance with State Board requirements | 16 | | under this Act. | 17 | | (C) A monthly report that includes the status of | 18 | | applications and recommendations regarding updates to the | 19 | | standard, criteria, or the health plan as appropriate. | 20 | | (D) Board reports showing the degree to which an | 21 | | application conforms to the review standards, a summation | 22 | | of relevant public testimony, and any additional | 23 | | information that staff wants to communicate. | 24 | | (3) Coordinate with other State agencies having | 25 | | responsibilities
affecting
health care facilities, including | 26 | | the Center for Comprehensive Health Planning and those of |
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| 1 | | licensure and cost reporting.
| 2 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 3 | | (20 ILCS 3960/12.5) | 4 | | (Section scheduled to be repealed on December 31, 2019)
| 5 | | Sec. 12.5. Update existing bed inventory and associated bed | 6 | | need projections. While the Task Force on Health Planning | 7 | | Reform will make long-term recommendations related to the | 8 | | method and formula for calculating the bed inventory and | 9 | | associated bed need projections, there is a current need for | 10 | | the bed inventory to be updated prior to the issuance of the | 11 | | recommendations of the Task Force. Therefore, the State Board | 12 | | Agency shall immediately update the existing bed inventory and | 13 | | associated bed need projections required by Sections 12 and | 14 | | 12.3 of this Act, using the most recently published historical | 15 | | utilization data, 5-year population projections, and an | 16 | | appropriate migration factor for the medical-surgical and | 17 | | pediatric category of service which shall be no less than 50%. | 18 | | The State Board Agency shall provide written documentation | 19 | | providing the methodology and rationale used to determine the | 20 | | appropriate migration factor.
| 21 | | (Source: P.A. 97-1115, eff. 8-27-12.)
| 22 | | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| 23 | | (Section scheduled to be repealed on December 31, 2019)
| 24 | | Sec. 13. Investigation of applications for permits and |
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| 1 | | certificates of
recognition. The Agency or the State Board | 2 | | shall make or cause to be made
such investigations as it or the | 3 | | State Board deems necessary in connection
with an application | 4 | | for a permit or an application for a certificate of
| 5 | | recognition, or in connection with a determination of whether | 6 | | or not
construction
or modification which has been commenced is | 7 | | in accord with the permit issued
by the State Board or whether | 8 | | construction or modification has been commenced
without a | 9 | | permit having been obtained. The State Board may issue | 10 | | subpoenas
duces tecum requiring the production of records and | 11 | | may administer oaths
to such witnesses.
| 12 | | Any circuit court of this State, upon the application of | 13 | | the State Board
or upon the application of any party to such | 14 | | proceedings, may, in its
discretion,
compel the attendance of | 15 | | witnesses, the production of books, papers, records,
or | 16 | | memoranda and the giving of testimony before the State Board, | 17 | | by a
proceeding
as for contempt, or otherwise, in the same | 18 | | manner as production of evidence
may be compelled before the | 19 | | court.
| 20 | | The State Board shall require all health facilities | 21 | | operating
in this State
to provide such reasonable reports at | 22 | | such times and containing such
information
as is needed by it | 23 | | to carry out the purposes and provisions of this Act.
Prior to | 24 | | collecting information from health facilities, the State Board
| 25 | | shall make reasonable efforts
through a public process to | 26 | | consult with health facilities and associations
that represent |
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| 1 | | them to determine
whether data and information requests will | 2 | | result in useful information for
health planning, whether
| 3 | | sufficient information is available from other sources, and | 4 | | whether data
requested is routinely collected
by health | 5 | | facilities and is available without retrospective record | 6 | | review. Data
and information requests
shall not impose undue | 7 | | paperwork burdens on health care facilities and
personnel.
| 8 | | Health facilities not complying with this requirement shall be | 9 | | reported
to licensing, accrediting, certifying, or payment | 10 | | agencies as being in
violation
of State law. Health care | 11 | | facilities and other parties at interest shall
have reasonable | 12 | | access, under rules established by the State Board, to all
| 13 | | planning information submitted in accord with this Act | 14 | | pertaining to their
area.
| 15 | | Among the reports to be required by the State Board are | 16 | | facility questionnaires for health care facilities licensed | 17 | | under the Ambulatory Surgical Treatment Center Act, the | 18 | | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | 19 | | Community Care Act, the Specialized Mental Health | 20 | | Rehabilitation Act, or the End Stage Renal Disease Facility | 21 | | Act. These questionnaires shall be conducted on an annual basis | 22 | | and compiled by the State Board Agency . For health care | 23 | | facilities licensed under the Nursing Home Care Act or the | 24 | | Specialized Mental Health Rehabilitation Act, these reports | 25 | | shall include, but not be limited to, the identification of | 26 | | specialty services provided by the facility to patients, |
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| 1 | | residents, and the community at large. Annual reports for | 2 | | facilities licensed under the ID/DD Community Care Act shall be | 3 | | different from the annual reports required of other health care | 4 | | facilities and shall be specific to those facilities licensed | 5 | | under the ID/DD Community Care Act. The Health Facilities and | 6 | | Services Review Board shall consult with associations | 7 | | representing facilities licensed under the ID/DD Community | 8 | | Care Act when developing the information requested in these | 9 | | annual reports. For health care facilities that contain long | 10 | | term care beds, the reports shall also include the number of | 11 | | staffed long term care beds, physical capacity for long term | 12 | | care beds at the facility, and long term care beds available | 13 | | for immediate occupancy. For purposes of this paragraph, "long | 14 | | term care beds" means beds
(i) licensed under the Nursing Home | 15 | | Care Act, (ii) licensed under the ID/DD Community Care Act, | 16 | | (iii) licensed under the Hospital Licensing Act, or (iv) | 17 | | licensed under the Specialized Mental Health Rehabilitation | 18 | | Act and certified as skilled nursing or nursing facility beds | 19 | | under Medicaid or Medicare.
| 20 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 21 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-980, eff. 8-17-12.)
| 22 | | (20 ILCS 3960/15) (from Ch. 111 1/2, par. 1165)
| 23 | | (Section scheduled to be repealed on December 31, 2019)
| 24 | | Sec. 15.
Notwithstanding the existence or pursuit of any | 25 | | other remedy,
the State Board or the Agency may, in the manner |
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| 1 | | provided by law, upon the
advice of the Attorney
General who | 2 | | shall represent the State Board or the Agency in the
| 3 | | proceedings, maintain an action
in the name of the State for | 4 | | injunction or other process against any person
or governmental | 5 | | unit to restrain or prevent the acquisition of major medical
| 6 | | equipment, or the establishment, construction or modification | 7 | | of a health
care facility without the required permit, or to | 8 | | restrain or prevent the
occupancy or utilization of the | 9 | | equipment acquired or facility which was
constructed or | 10 | | modified without the required permit.
| 11 | | (Source: P.A. 89-276, eff. 8-10-95 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 3960/3 | from Ch. 111 1/2, par. 1153 | | 4 | | 20 ILCS 3960/5.3 | | | 5 | | 20 ILCS 3960/5.4 | | | 6 | | 20 ILCS 3960/6.2 | | | 7 | | 20 ILCS 3960/8.5 | | | 8 | | 20 ILCS 3960/10 | from Ch. 111 1/2, par. 1160 | | 9 | | 20 ILCS 3960/11 | from Ch. 111 1/2, par. 1161 | | 10 | | 20 ILCS 3960/12 | from Ch. 111 1/2, par. 1162 | | 11 | | 20 ILCS 3960/12.2 | | | 12 | | 20 ILCS 3960/12.5 | | | 13 | | 20 ILCS 3960/13 | from Ch. 111 1/2, par. 1163 | | 14 | | 20 ILCS 3960/15 | from Ch. 111 1/2, par. 1165 |
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