210 ILCS 9/21

(210 ILCS 9/21)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 21. Establishment plan review; fees.

(a) Before commencing construction of new assisted living or shared housing establishments or alterations or additions to an existing assisted living or shared housing establishment involving major construction, as defined by rule by the Department, an applicant under this Section shall submit architectural drawings and specifications to the Department for review and approval. An applicant under this Section shall submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for the individual's position. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the proposed alteration, addition, or new construction begins. The Department shall adopt rules for determining whether a construction, alteration, or addition is subject to the submission requirements of this Section. The Department shall not review a submission under this Section until the required fee, if any, has been paid.

(b) The Department shall inform an applicant in writing within 10 working days after receiving drawings, specifications, and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 45 calendar day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete and the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 45 calendar days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 45 calendar day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 45 calendar day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 45 calendar days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 30 calendar days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial.

(c) The Department shall provide written approval for occupancy pursuant to subsection (g).

(d) The Department shall charge the following fees in connection with its reviews conducted after the effective date of this amendatory Act of the 103rd General Assembly under this Section:

(1) If the estimated dollar value of the alteration, addition, or new construction is $99,999.99 or less, no fee is required.

(2) If the estimated dollar value of the alteration, addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of the estimated dollar value of the alteration, addition, or new construction.

(3) If the estimated dollar value of the alteration, addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,0000 or 0.96% of that value.

(4) If the estimated dollar value of the alteration, addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of the estimated dollar value of the alteration, addition, or new construction.

(5) If the estimated dollar value of the alteration, addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of the estimated dollar value of the alteration, addition, or new construction, but shall not exceed $30,000.

The fees provided in this subsection (d) shall not apply to major construction projects involving establishment changes that are required by an amendment to a Department rule.

The Department shall not commence the establishment plan review process under this Section until the applicable fee has been paid.

(e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. All fees paid by establishments under this Section shall be used only to cover the costs relating to the Department's review of projects listed in this Section. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section, under Section 3-202.5 of the Nursing Home Care Act, Section 3-202.5 of the MC/DD Act, or Section 3-202.5 of the ID/DD Community Care Act. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for plan reviews conducted pursuant to this Section.

(f) The Department shall review the fee structure 3 years after the effective date of this amendatory Act of the 103rd General Assembly and every 5 years thereafter, and fees shall be increased or decreased to maintain the plan review program.

(g) The Department shall conduct an on-site inspection of the completed project no later than 30 working days after notification from the applicant under this Section that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 10 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.

(h) The Department shall establish, by rule, a procedure to conduct voluntary interim on-site review of large or complex construction projects for a fee of $3,000 per interim on-site review.

(i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.

The establishment shall not be occupied until the Department provides written approval for occupancy to the owner or operator within 10 business days after the Department's final inspection, provided that the owner or operator has substantially complied with this Section as determined by the Department by rule.

(j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add units or services over the number for which the establishment is licensed, and provides a reasonable degree of safety for the residents.

(Source: P.A. 103-714, eff. 1-1-25.)