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90_HB0202enr
30 ILCS 105/5.449 new
210 ILCS 5/8 from Ch. 111 1/2, par. 157-8.8
210 ILCS 45/3-202.5 new
210 ILCS 85/8 from Ch. 111 1/2, par. 149
Amends the State Finance Act, the Ambulatory Surgical
Treatment Center Act, the Nursing Home Care Act, and the
Hospital Licensing Act. Requires Department of Public Health
review and approval of nursing home plans for alterations or
additions to existing facilities or construction of new
facilities. Sets fees for that review and for similar
reviews in connection with ambulatory surgical treatment
centers and hospitals. Creates the Facility Plan Review Fund
in the State treasury and provides for deposit of fees into
that Fund, to be used to pay the costs of conducting reviews.
LRB9001424LDdv
HB0202 Enrolled LRB9001424LDdv
1 AN ACT concerning health care facilities, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 3. The Civil Administrative Code of Illinois is
6 amended by adding Sections 55.84 and 55.85 as follows:
7 (20 ILCS 2310/55.84 new)
8 Sec. 55.84. Advisory committee concerning construction of
9 facilities. The Director of Public Health shall appoint an
10 advisory committee which committee shall be established by
11 the Department by rule. The Director and the Department
12 shall consult with the advisory committee concerning the
13 application of building codes and Department rules related to
14 those building codes to facilities under the Ambulatory
15 Surgical Treatment Center Act, the Nursing Home Care Act, and
16 the Hospital Licensing Act.
17 (20 ILCS 2310/55.85 new)
18 Sec. 55.85. Facility construction training program. The
19 Department shall conduct, at least annually, a joint
20 in-service training program for architects, engineers,
21 interior designers, and other persons involved in the
22 construction of a facility under the Ambulatory Surgical
23 Treatment Center Act, the Nursing Home Care Act, or the
24 Hospital Licensing Act on problems and issues relating to the
25 construction of facilities under any of those Acts.
26 Section 5. The State Finance Act is amended by adding
27 Section 5.449 as follows:
28 (30 ILCS 105/5.449 new)
HB0202 Enrolled -2- LRB9001424LDdv
1 Sec. 5.449. The Health Facility Plan Review Fund.
2 Section 10. The Ambulatory Surgical Treatment Center Act
3 is amended by changing Section 8 as follows:
4 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
5 Sec. 8. Facility plan review; fees.
6 (a) Before commencing construction of new facilities or
7 specified types of alteration or additions to an existing
8 ambulatory surgical treatment center involving major
9 construction, as defined by rule by the Department, or with
10 an estimated cost greater than $5,000, architectural drawings
11 and specifications therefor shall be submitted to the
12 Department for review and approval. Review of drawings and
13 specifications shall be conducted by an employee of the
14 Department meeting the qualifications established by the
15 Department of Central Management Services class
16 specifications for such an individual's position or by a
17 person contracting with the Department who meets those class
18 specifications. Final approval of the drawings and
19 specifications for compliance with design and construction
20 standards shall be obtained from the Department before the
21 alteration, addition, or new construction is begun.
22 (b) The Department shall approve or disapprove drawings
23 and specifications submitted to the Department no later than
24 60 days following receipt by the Department. The drawings
25 and specifications shall be of sufficient detail, as provided
26 by Department rule, to enable the Department to render a
27 determination of compliance with design and construction
28 standards. If the Department finds that the drawings are not
29 of sufficient detail for it to render a determination of
30 compliance, the plans shall be determined to be incomplete
31 and shall not be considered for purposes of initiating the 60
32 day review period. If the Department has not approved or
HB0202 Enrolled -3- LRB9001424LDdv
1 disapproved the drawings and specifications within 60 days,
2 the construction, major alteration, or addition shall be
3 deemed approved. If the drawings and specifications are
4 disapproved, the Department shall state in writing, with
5 specificity, the reasons for the disapproval. The entity
6 submitting the drawings and specifications may submit
7 additional information in response to the written comments
8 from the Department or request a reconsideration of the
9 disapproval. A final decision of approval or disapproval
10 shall be made within 45 days of the receipt of the additional
11 information or reconsideration request. If denied, the
12 Department shall state the specific reasons for the denial.
13 (c) The Department shall not issue a violation to a
14 facility as a result of a licensure or complaint survey based
15 upon the facility's physical structure if:
16 (1) the Department reviewed and approved or deemed
17 approved the drawings and specifications for compliance
18 with design and construction standards;
19 (2) the construction, major alteration, or addition
20 was built as submitted;
21 (3) the law or rules have not been amended since
22 the original approval; and
23 (4) the violation does not create a direct threat
24 to the health, safety, or welfare of a resident.
25 (d) The Department shall charge the following fees in
26 connection with its reviews conducted before June 30, 2000
27 under this Section:
28 (1) If the estimated dollar value of the
29 alteration, addition, or new construction is $5,000 or
30 more but less than $25,000, the fee shall be the greater
31 of $300 or 6% of that value.
32 (2) If the estimated dollar value of the
33 alteration, addition, or new construction is $25,000 or
34 more but less than $100,000, the fee shall be the greater
HB0202 Enrolled -4- LRB9001424LDdv
1 of $1,500 or 2.4% of that value.
2 (3) If the estimated dollar value of the
3 alteration, addition, or new construction is $100,000 or
4 more but less than $500,000, the fee shall be the greater
5 of $2,400 or 1.2% of that value.
6 (4) If the estimated dollar value of the
7 alteration, addition, or new construction is $500,000 or
8 more but less than $1,000,000, the fee shall be the
9 greater of $6,000 or 0.96% of that value.
10 (5) If the estimated dollar value of the
11 alteration, addition, or new construction is $1,000,000
12 or more but less than $5,000,000, the fee shall be the
13 greater of $9,600 or 0.22% of that value.
14 (6) If the estimated dollar value of the
15 alteration, addition, or new construction is $5,000,000
16 or more, the fee shall be the greater of $11,000 or 0.11%
17 of that value, but shall not exceed $40,000.
18 The fees provided in this subsection (d) shall not apply
19 to major construction projects involving facility changes
20 that are required by Department rule amendments.
21 The Department shall not commence the facility plan
22 review process under this Section until the applicable fee
23 has been paid.
24 (e) All fees received by the Department under this
25 Section shall be deposited into the Health Facility Plan
26 Review Fund, a special fund created in the State Treasury.
27 Moneys shall be appropriated from that Fund to the Department
28 only to pay the costs of conducting reviews under this
29 Section. None of the moneys in the Health Facility Plan
30 Review Fund shall be used to reduce the amount of General
31 Revenue Fund moneys appropriated to the Department for
32 facility plan reviews conducted pursuant to this Section.
33 (f) (1) The provisions of this amendatory Act of 1997
34 concerning drawings and specifications shall apply only
HB0202 Enrolled -5- LRB9001424LDdv
1 to drawings and specifications submitted to the
2 Department on or after October 1, 1997.
3 (2) On and after the effective date of this
4 amendatory Act of 1997 and before October 1, 1997, an
5 applicant may submit or resubmit drawings and
6 specifications to the Department and pay the fees
7 provided in subsection (d). If an applicant pays the
8 fees provided in subsection (d) under this paragraph (2),
9 the provisions of subsection (b) shall apply with regard
10 to those drawings and specifications.
11 (g) The Department shall conduct an on-site inspection
12 of the completed project no later than 30 days after
13 notification from the applicant that the project has been
14 completed and all certifications required by the Department
15 have been received and accepted by the Department. The
16 Department shall provide written approval for occupancy to
17 the applicant within 5 working days of the Department's final
18 inspection, provided the applicant has demonstrated
19 substantial compliance as defined by Department rule.
20 Occupancy of new major construction is prohibited until
21 Department approval is received. If the plans and drawings
22 are approved pursuant to subsection (b), occupancy shall be
23 allowed after any required health inspection by the
24 Department has been conducted.
25 (h) The Department shall establish, by rule, a procedure
26 to conduct interim on-site review of large or complex
27 construction projects.
28 (Source: P.A. 78-227.)
29 Section 15. The Nursing Home Care Act is amended by
30 adding Section 3-202.5 as follows:
31 (210 ILCS 45/3-202.5 new)
32 Sec. 3-202.5. Facility plan review; fees.
HB0202 Enrolled -6- LRB9001424LDdv
1 (a) Before commencing construction of a new facility or
2 specified types of alteration or additions to an existing
3 long term care facility involving major construction, as
4 defined by rule by the Department, or with an estimated cost
5 greater than $5,000, architectural drawings and
6 specifications for the facility shall be submitted to the
7 Department for review and approval. Review of drawings and
8 specifications shall be conducted by an employee of the
9 Department meeting the qualifications established by the
10 Department of Central Management Services class
11 specifications for such an individual's position or by a
12 person contracting with the Department who meets those class
13 specifications. Final approval of the drawings and
14 specifications for compliance with design and construction
15 standards shall be obtained from the Department before the
16 alteration, addition, or new construction is begun.
17 (b) The Department shall approve or disapprove drawings
18 and specifications submitted to the Department no later than
19 60 days following receipt by the Department. The drawings
20 and specifications shall be of sufficient detail, as provided
21 by Department rule, to enable the Department to render a
22 determination of compliance with design and construction
23 standards. If the Department finds that the drawings are not
24 of sufficient detail for it to render a determination of
25 compliance, the plans shall be determined to be incomplete
26 and shall not be considered for purposes of initiating the 60
27 day review period. If the Department has not approved or
28 disapproved the drawings and specifications within 60 days,
29 the construction, major alteration, or addition shall be
30 deemed approved. If the drawings and specifications are
31 disapproved, the Department shall state in writing, with
32 specificity, the reasons for the disapproval. The entity
33 submitting the drawings and specifications may submit
34 additional information in response to the written comments
HB0202 Enrolled -7- LRB9001424LDdv
1 from the Department or request a reconsideration of the
2 disapproval. A final decision of approval or disapproval
3 shall be made within 45 days of the receipt of the additional
4 information or reconsideration request. If denied, the
5 Department shall state the specific reasons for the denial.
6 (c) The Department shall not issue a violation to a
7 facility as a result of a licensure or complaint survey based
8 upon the facility's physical structure if:
9 (1) the Department reviewed and approved or deemed
10 approved the drawings and specifications for compliance
11 with design and construction standards;
12 (2) the construction, major alteration, or addition
13 was built as submitted;
14 (3) the law or rules have not been amended since
15 the original approval; and
16 (4) the violation does not create a direct threat
17 to the health, safety, or welfare of a resident.
18 (d) The Department shall charge the following fees in
19 connection with its reviews conducted before June 30, 2000
20 under this Section:
21 (1) If the estimated dollar value of the
22 alteration, addition, or new construction is $5,000 or
23 more but less than $25,000, the fee shall be the greater
24 of $300 or 6% of the value.
25 (2) If the estimated dollar value of the
26 alteration, addition, or new construction is $25,000 or
27 more but less than $100,000, the fee shall be the greater
28 of $1,500 or 2.4% of that value.
29 (3) If the estimated dollar value of the
30 alteration, addition, or new construction is $100,000 or
31 more but less than $500,000, the fee shall be the greater
32 of $2,400 or 1.2% of that value.
33 (4) If the estimated dollar value of the
34 alteration, addition, or new construction is $500,000 or
HB0202 Enrolled -8- LRB9001424LDdv
1 more but less than $1,000,000, the fee shall be the
2 greater of $6,000 or 0.96% of that value.
3 (5) If the estimated dollar value of the
4 alteration, addition, or new construction is $1,000,000
5 or more but less than $5,000,000, the fee shall be the
6 greater of $9,600 or 0.22% of that value.
7 (6) If the estimated dollar value of the
8 alteration, addition, or new construction is $5,000,000
9 or more, the fee shall be the greater of $11,000 or 0.11%
10 of that value, but shall not exceed $40,000.
11 The fees provided in this subsection (d) shall not apply
12 to major construction projects involving facility changes
13 that are required by Department rule amendments.
14 The Department shall not commence the facility plan
15 review process under this Section until the applicable fee
16 has been paid.
17 (e) All fees received by the Department under this
18 Section shall be deposited into the Health Facility Plan
19 Review Fund, a special fund created in the State Treasury.
20 Moneys shall be appropriated from that Fund to the Department
21 only to pay the costs of conducting reviews under this
22 Section. None of the moneys in the Health Facility Plan
23 Review Fund shall be used to reduce the amount of General
24 Revenue Fund moneys appropriated to the Department for
25 facility plan reviews conducted pursuant to this Section.
26 (f) (1) The provisions of this amendatory Act of 1997
27 concerning drawings and specifications shall apply only
28 to drawings and specifications submitted to the
29 Department on or after October 1, 1997.
30 (2) On and after the effective date of this
31 amendatory Act of 1997 and before October 1, 1997, an
32 applicant may submit or resubmit drawings and
33 specifications to the Department and pay the fees
34 provided in subsection (d). If an applicant pays the
HB0202 Enrolled -9- LRB9001424LDdv
1 fees provided in subsection (d) under this paragraph (2),
2 the provisions of subsection (b) shall apply with regard
3 to those drawings and specifications.
4 (g) The Department shall conduct an on-site inspection
5 of the completed project no later than 30 days after
6 notification from the applicant that the project has been
7 completed and all certifications required by the Department
8 have been received and accepted by the Department. The
9 Department shall provide written approval for occupancy to
10 the applicant within 5 working days of the Department's final
11 inspection, provided the applicant has demonstrated
12 substantial compliance as defined by Department rule.
13 Occupancy of new major construction is prohibited until
14 Department approval is received. If the plans and drawings
15 are approved pursuant to subsection (b), occupancy shall be
16 allowed after any required health inspection by the
17 Department has been conducted.
18 (h) The Department shall establish, by rule, a procedure
19 to conduct interim on-site review of large or complex
20 construction projects.
21 Section 20. The Hospital Licensing Act is amended by
22 changing Section 8 as follows:
23 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
24 Sec. 8. Facility plan review; fees.
25 (a) Before commencing construction of new facilities or
26 specified types of alteration or additions to an existing
27 hospital involving major construction, as defined by rule by
28 the Department, or with an estimated cost greater than
29 $5,000, architectural plans and specifications therefor shall
30 be submitted by the licensee to the Department for review and
31 approval. In the case of the establishment of a new hospital,
32 the person to whom the Director has issued a permit shall
HB0202 Enrolled -10- LRB9001424LDdv
1 submit architectural plans and specifications to the
2 Department for review and approval. Review of drawings and
3 specifications shall be conducted by an employee of the
4 Department meeting the qualifications established by the
5 Department of Central Management Services class
6 specifications for such an individual's position or by a
7 person contracting with the Department who meets those class
8 specifications. Final approval of the plans and
9 specifications for compliance with design and construction
10 standards shall be obtained from the Department before the
11 alteration, addition, or new construction is begun.
12 (b) The Department shall approve or disapprove drawings
13 and specifications submitted to the Department no later than
14 60 days following receipt by the Department. The drawings
15 and specifications shall be of sufficient detail, as provided
16 by Department rule, to enable the Department to render a
17 determination of compliance with design and construction
18 standards. If the Department finds that the drawings are not
19 of sufficient detail for it to render a determination of
20 compliance, the plans shall be determined to be incomplete
21 and shall not be considered for purposes of initiating the 60
22 day review period. If the Department has not approved or
23 disapproved the drawings and specifications within 60 days,
24 the construction, major alteration, or addition shall be
25 deemed approved. If the drawings and specifications are
26 disapproved, the Department shall state in writing, with
27 specificity, the reasons for the disapproval. The entity
28 submitting the drawings and specifications may submit
29 additional information in response to the written comments
30 from the Department or request a reconsideration of the
31 disapproval. A final decision of approval or disapproval
32 shall be made within 45 days of the receipt of the additional
33 information or reconsideration request. If denied, the
34 Department shall state the specific reasons for the denial.
HB0202 Enrolled -11- LRB9001424LDdv
1 (c) The Department shall not issue a violation to a
2 facility as a result of a licensure or complaint survey based
3 upon the facility's physical structure if:
4 (1) the Department reviewed and approved or deemed
5 approved the drawing and specifications for compliance
6 with design and construction standards;
7 (2) the construction, major alteration, or addition
8 was built as submitted;
9 (3) the law or rules have not been amended since
10 the original approval; and
11 (4) the violation does not create a direct threat
12 to the health, safety, or welfare of a resident.
13 (d) The Department shall charge the following fees in
14 connection with its reviews conducted before June 30, 2000
15 under this Section:
16 (1) If the estimated dollar value of the
17 alteration, addition, or new construction is $5,000 or
18 more but less than $25,000, the fee shall be the greater
19 of $300 or 6% of that value.
20 (2) If the estimated dollar value of the
21 alteration, addition, or new construction is $25,000 or
22 more but less than $100,000, the fee shall be the greater
23 of $1,500 or 2.4% of that value.
24 (3) If the estimated dollar value of the
25 alteration, addition, or new construction is $100,000 or
26 more but less than $500,000, the fee shall be the greater
27 of $2,400 or 1.2% of that value.
28 (4) If the estimated dollar value of the
29 alteration, addition, or new construction is $500,000 or
30 more but less than $1,000,000, the fee shall be the
31 greater of $6,000 or 0.96% of that value.
32 (5) If the estimated dollar value of the
33 alteration, addition, or new construction is $1,000,000
34 or more but less than $5,000,000, the fee shall be the
HB0202 Enrolled -12- LRB9001424LDdv
1 greater of $9,600 or 0.22% of that value.
2 (6) If the estimated dollar value of the
3 alteration, addition, or new construction is $5,000,000
4 or more, the fee shall be the greater of $11,000 or 0.11%
5 of that value, but shall not exceed $40,000.
6 The fees provided in this subsection (d) shall not apply
7 to major construction projects involving facility changes
8 that are required by Department rule amendments.
9 The Department shall not commence the facility plan
10 review process under this Section until the applicable fee
11 has been paid.
12 (e) All fees received by the Department under this
13 Section shall be deposited into the Health Facility Plan
14 Review Fund, a special fund created in the State treasury.
15 Moneys shall be appropriated from that Fund to the Department
16 only to pay the costs of conducting reviews under this
17 Section. None of the moneys in the Health Facility Plan
18 Review Fund shall be used to reduce the amount of General
19 Revenue Fund moneys appropriated to the Department for
20 facility plan reviews conducted pursuant to this Section.
21 (f) (1) The provisions of this amendatory Act of 1997
22 concerning drawings and specifications shall apply only
23 to drawings and specifications submitted to the
24 Department on or after October 1, 1997.
25 (2) On and after the effective date of this
26 amendatory Act of 1997 and before October 1, 1997, an
27 applicant may submit or resubmit drawings and
28 specifications to the Department and pay the fees
29 provided in subsection (d). If an applicant pays the
30 fees provided in subsection (d) under this paragraph (2),
31 the provisions of subsection (b) shall apply with regard
32 to those drawings and specifications.
33 (g) The Department shall conduct an on-site inspection
34 of the completed project no later than 30 days after
HB0202 Enrolled -13- LRB9001424LDdv
1 notification from the applicant that the project has been
2 completed and all certifications required by the Department
3 have been received and accepted by the Department. The
4 Department shall provide written approval for occupancy to
5 the applicant within 5 working days of the Department's final
6 inspection, provided the applicant has demonstrated
7 substantial compliance as defined by Department rule.
8 Occupancy of new major construction is prohibited until
9 Department approval is received. If the plans and drawings
10 are approved pursuant to subsection (b), occupancy shall be
11 allowed after any required health inspection by the
12 Department has been conducted.
13 (h) The Department shall establish, by rule, a procedure
14 to conduct interim on-site review of large or complex
15 construction projects.
16 (Source: Laws 1965, p. 2350.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.