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90_HB0202sam001
LRB9001424LDdvam10
1 AMENDMENT TO HOUSE BILL 202
2 AMENDMENT NO. . Amend House Bill 202 by replacing
3 everything after the enacting clause with the following:
4 "Section 3. The Civil Administrative Code of Illinois is
5 amended by adding Sections 55.84 and 55.85 as follows:
6 (20 ILCS 2310/55.84 new)
7 Sec. 55.84. Advisory committee concerning construction of
8 facilities. The Director of Public Health shall appoint an
9 advisory committee which committee shall be established by
10 the Department by rule. The Director and the Department
11 shall consult with the advisory committee concerning the
12 application of building codes and Department rules related to
13 those building codes to facilities under the Ambulatory
14 Surgical Treatment Center Act, the Nursing Home Care Act, and
15 the Hospital Licensing Act.
16 (20 ILCS 2310/55.85 new)
17 Sec. 55.85. Facility construction training program. The
18 Department shall conduct, at least annually, a joint
19 in-service training program for architects, engineers,
20 interior designers, and other persons involved in the
21 construction of a facility under the Ambulatory Surgical
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1 Treatment Center Act, the Nursing Home Care Act, or the
2 Hospital Licensing Act on problems and issues relating to the
3 construction of facilities under any of those Acts.
4 Section 5. The State Finance Act is amended by adding
5 Section 5.449 as follows:
6 (30 ILCS 105/5.449 new)
7 Sec. 5.449. The Health Facility Plan Review Fund.
8 Section 10. The Ambulatory Surgical Treatment Center Act
9 is amended by changing Section 8 as follows:
10 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
11 Sec. 8. Facility plan review; fees.
12 (a) Before commencing construction of new facilities or
13 specified types of alteration or additions to an existing
14 ambulatory surgical treatment center involving major
15 construction, as defined by rule by the Department, or with
16 an estimated cost greater than $5,000, architectural drawings
17 and specifications therefor shall be submitted to the
18 Department for review and approval. Review of drawings and
19 specifications shall be conducted by an employee of the
20 Department meeting the qualifications established by the
21 Department of Central Management Services class
22 specifications for such an individual's position or by a
23 person contracting with the Department who meets those class
24 specifications. Final approval of the drawings and
25 specifications for compliance with design and construction
26 standards shall be obtained from the Department before the
27 alteration, addition, or new construction is begun.
28 (b) The Department shall approve or disapprove drawings
29 and specifications submitted to the Department no later than
30 60 days following receipt by the Department. The drawings
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1 and specifications shall be of sufficient detail, as provided
2 by Department rule, to enable the Department to render a
3 determination of compliance with design and construction
4 standards. If the Department finds that the drawings are not
5 of sufficient detail for it to render a determination of
6 compliance, the plans shall be determined to be incomplete
7 and shall not be considered for purposes of initiating the 60
8 day review period. If the Department has not approved or
9 disapproved the drawings and specifications within 60 days,
10 the construction, major alteration, or addition shall be
11 deemed approved. If the drawings and specifications are
12 disapproved, the Department shall state in writing, with
13 specificity, the reasons for the disapproval. The entity
14 submitting the drawings and specifications may submit
15 additional information in response to the written comments
16 from the Department or request a reconsideration of the
17 disapproval. A final decision of approval or disapproval
18 shall be made within 45 days of the receipt of the additional
19 information or reconsideration request. If denied, the
20 Department shall state the specific reasons for the denial.
21 (c) The Department shall not issue a violation to a
22 facility as a result of a licensure or complaint survey based
23 upon the facility's physical structure if:
24 (1) the Department reviewed and approved or deemed
25 approved the drawings and specifications for compliance
26 with design and construction standards;
27 (2) the construction, major alteration, or addition
28 was built as submitted;
29 (3) the law or rules have not been amended since
30 the original approval; and
31 (4) the violation does not create a direct threat
32 to the health, safety, or welfare of a resident.
33 (d) The Department shall charge the following fees in
34 connection with its reviews conducted before June 30, 2000
-4- LRB9001424LDdvam10
1 under this Section:
2 (1) If the estimated dollar value of the
3 alteration, addition, or new construction is $5,000 or
4 more but less than $25,000, the fee shall be the greater
5 of $300 or 6% of that value.
6 (2) If the estimated dollar value of the
7 alteration, addition, or new construction is $25,000 or
8 more but less than $100,000, the fee shall be the greater
9 of $1,500 or 2.4% of that value.
10 (3) If the estimated dollar value of the
11 alteration, addition, or new construction is $100,000 or
12 more but less than $500,000, the fee shall be the greater
13 of $2,400 or 1.2% of that value.
14 (4) If the estimated dollar value of the
15 alteration, addition, or new construction is $500,000 or
16 more but less than $1,000,000, the fee shall be the
17 greater of $6,000 or 0.96% of that value.
18 (5) If the estimated dollar value of the
19 alteration, addition, or new construction is $1,000,000
20 or more but less than $5,000,000, the fee shall be the
21 greater of $9,600 or 0.22% of that value.
22 (6) If the estimated dollar value of the
23 alteration, addition, or new construction is $5,000,000
24 or more, the fee shall be the greater of $11,000 or 0.11%
25 of that value, but shall not exceed $40,000.
26 The fees provided in this subsection (d) shall not apply
27 to major construction projects involving facility changes
28 that are required by Department rule amendments.
29 The Department shall not commence the facility plan
30 review process under this Section until the applicable fee
31 has been paid.
32 (e) All fees received by the Department under this
33 Section shall be deposited into the Health Facility Plan
34 Review Fund, a special fund created in the State Treasury.
-5- LRB9001424LDdvam10
1 Moneys shall be appropriated from that Fund to the Department
2 only to pay the costs of conducting reviews under this
3 Section. None of the moneys in the Health Facility Plan
4 Review Fund shall be used to reduce the amount of General
5 Revenue Fund moneys appropriated to the Department for
6 facility plan reviews conducted pursuant to this Section.
7 (f) (1) The provisions of this amendatory Act of 1997
8 concerning drawings and specifications shall apply only
9 to drawings and specifications submitted to the
10 Department on or after October 1, 1997.
11 (2) On and after the effective date of this
12 amendatory Act of 1997 and before October 1, 1997, an
13 applicant may submit or resubmit drawings and
14 specifications to the Department and pay the fees
15 provided in subsection (d). If an applicant pays the
16 fees provided in subsection (d) under this paragraph (2),
17 the provisions of subsection (b) shall apply with regard
18 to those drawings and specifications.
19 (g) The Department shall conduct an on-site inspection
20 of the completed project no later than 30 days after
21 notification from the applicant that the project has been
22 completed and all certifications required by the Department
23 have been received and accepted by the Department. The
24 Department shall provide written approval for occupancy to
25 the applicant within 5 working days of the Department's final
26 inspection, provided the applicant has demonstrated
27 substantial compliance as defined by Department rule.
28 Occupancy of new major construction is prohibited until
29 Department approval is received. If the plans and drawings
30 are approved pursuant to subsection (b), occupancy shall be
31 allowed after any required health inspection by the
32 Department has been conducted.
33 (h) The Department shall establish, by rule, a procedure
34 to conduct interim on-site review of large or complex
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1 construction projects.
2 (Source: P.A. 78-227.)
3 Section 15. The Nursing Home Care Act is amended by
4 adding Section 3-202.5 as follows:
5 (210 ILCS 45/3-202.5 new)
6 Sec. 3-202.5. Facility plan review; fees.
7 (a) Before commencing construction of a new facility or
8 specified types of alteration or additions to an existing
9 long term care facility involving major construction, as
10 defined by rule by the Department, or with an estimated cost
11 greater than $5,000, architectural drawings and
12 specifications for the facility shall be submitted to the
13 Department for review and approval. Review of drawings and
14 specifications shall be conducted by an employee of the
15 Department meeting the qualifications established by the
16 Department of Central Management Services class
17 specifications for such an individual's position or by a
18 person contracting with the Department who meets those class
19 specifications. Final approval of the drawings and
20 specifications for compliance with design and construction
21 standards shall be obtained from the Department before the
22 alteration, addition, or new construction is begun.
23 (b) The Department shall approve or disapprove drawings
24 and specifications submitted to the Department no later than
25 60 days following receipt by the Department. The drawings
26 and specifications shall be of sufficient detail, as provided
27 by Department rule, to enable the Department to render a
28 determination of compliance with design and construction
29 standards. If the Department finds that the drawings are not
30 of sufficient detail for it to render a determination of
31 compliance, the plans shall be determined to be incomplete
32 and shall not be considered for purposes of initiating the 60
-7- LRB9001424LDdvam10
1 day review period. If the Department has not approved or
2 disapproved the drawings and specifications within 60 days,
3 the construction, major alteration, or addition shall be
4 deemed approved. If the drawings and specifications are
5 disapproved, the Department shall state in writing, with
6 specificity, the reasons for the disapproval. The entity
7 submitting the drawings and specifications may submit
8 additional information in response to the written comments
9 from the Department or request a reconsideration of the
10 disapproval. A final decision of approval or disapproval
11 shall be made within 45 days of the receipt of the additional
12 information or reconsideration request. If denied, the
13 Department shall state the specific reasons for the denial.
14 (c) The Department shall not issue a violation to a
15 facility as a result of a licensure or complaint survey based
16 upon the facility's physical structure if:
17 (1) the Department reviewed and approved or deemed
18 approved the drawings and specifications for compliance
19 with design and construction standards;
20 (2) the construction, major alteration, or addition
21 was built as submitted;
22 (3) the law or rules have not been amended since
23 the original approval; and
24 (4) the violation does not create a direct threat
25 to the health, safety, or welfare of a resident.
26 (d) The Department shall charge the following fees in
27 connection with its reviews conducted before June 30, 2000
28 under this Section:
29 (1) If the estimated dollar value of the
30 alteration, addition, or new construction is $5,000 or
31 more but less than $25,000, the fee shall be the greater
32 of $300 or 6% of the value.
33 (2) If the estimated dollar value of the
34 alteration, addition, or new construction is $25,000 or
-8- LRB9001424LDdvam10
1 more but less than $100,000, the fee shall be the greater
2 of $1,500 or 2.4% of that value.
3 (3) If the estimated dollar value of the
4 alteration, addition, or new construction is $100,000 or
5 more but less than $500,000, the fee shall be the greater
6 of $2,400 or 1.2% of that value.
7 (4) If the estimated dollar value of the
8 alteration, addition, or new construction is $500,000 or
9 more but less than $1,000,000, the fee shall be the
10 greater of $6,000 or 0.96% of that value.
11 (5) If the estimated dollar value of the
12 alteration, addition, or new construction is $1,000,000
13 or more but less than $5,000,000, the fee shall be the
14 greater of $9,600 or 0.22% of that value.
15 (6) If the estimated dollar value of the
16 alteration, addition, or new construction is $5,000,000
17 or more, the fee shall be the greater of $11,000 or 0.11%
18 of that value, but shall not exceed $40,000.
19 The fees provided in this subsection (d) shall not apply
20 to major construction projects involving facility changes
21 that are required by Department rule amendments.
22 The Department shall not commence the facility plan
23 review process under this Section until the applicable fee
24 has been paid.
25 (e) All fees received by the Department under this
26 Section shall be deposited into the Health Facility Plan
27 Review Fund, a special fund created in the State Treasury.
28 Moneys shall be appropriated from that Fund to the Department
29 only to pay the costs of conducting reviews under this
30 Section. None of the moneys in the Health Facility Plan
31 Review Fund shall be used to reduce the amount of General
32 Revenue Fund moneys appropriated to the Department for
33 facility plan reviews conducted pursuant to this Section.
34 (f) (1) The provisions of this amendatory Act of 1997
-9- LRB9001424LDdvam10
1 concerning drawings and specifications shall apply only
2 to drawings and specifications submitted to the
3 Department on or after October 1, 1997.
4 (2) On and after the effective date of this
5 amendatory Act of 1997 and before October 1, 1997, an
6 applicant may submit or resubmit drawings and
7 specifications to the Department and pay the fees
8 provided in subsection (d). If an applicant pays the
9 fees provided in subsection (d) under this paragraph (2),
10 the provisions of subsection (b) shall apply with regard
11 to those drawings and specifications.
12 (g) The Department shall conduct an on-site inspection
13 of the completed project no later than 30 days after
14 notification from the applicant that the project has been
15 completed and all certifications required by the Department
16 have been received and accepted by the Department. The
17 Department shall provide written approval for occupancy to
18 the applicant within 5 working days of the Department's final
19 inspection, provided the applicant has demonstrated
20 substantial compliance as defined by Department rule.
21 Occupancy of new major construction is prohibited until
22 Department approval is received. If the plans and drawings
23 are approved pursuant to subsection (b), occupancy shall be
24 allowed after any required health inspection by the
25 Department has been conducted.
26 (h) The Department shall establish, by rule, a procedure
27 to conduct interim on-site review of large or complex
28 construction projects.
29 Section 20. The Hospital Licensing Act is amended by
30 changing Section 8 as follows:
31 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
32 Sec. 8. Facility plan review; fees.
-10- LRB9001424LDdvam10
1 (a) Before commencing construction of new facilities or
2 specified types of alteration or additions to an existing
3 hospital involving major construction, as defined by rule by
4 the Department, or with an estimated cost greater than
5 $5,000, architectural plans and specifications therefor shall
6 be submitted by the licensee to the Department for review and
7 approval. In the case of the establishment of a new hospital,
8 the person to whom the Director has issued a permit shall
9 submit architectural plans and specifications to the
10 Department for review and approval. Review of drawings and
11 specifications shall be conducted by an employee of the
12 Department meeting the qualifications established by the
13 Department of Central Management Services class
14 specifications for such an individual's position or by a
15 person contracting with the Department who meets those class
16 specifications. Final approval of the plans and
17 specifications for compliance with design and construction
18 standards shall be obtained from the Department before the
19 alteration, addition, or new construction is begun.
20 (b) The Department shall approve or disapprove drawings
21 and specifications submitted to the Department no later than
22 60 days following receipt by the Department. The drawings
23 and specifications shall be of sufficient detail, as provided
24 by Department rule, to enable the Department to render a
25 determination of compliance with design and construction
26 standards. If the Department finds that the drawings are not
27 of sufficient detail for it to render a determination of
28 compliance, the plans shall be determined to be incomplete
29 and shall not be considered for purposes of initiating the 60
30 day review period. If the Department has not approved or
31 disapproved the drawings and specifications within 60 days,
32 the construction, major alteration, or addition shall be
33 deemed approved. If the drawings and specifications are
34 disapproved, the Department shall state in writing, with
-11- LRB9001424LDdvam10
1 specificity, the reasons for the disapproval. The entity
2 submitting the drawings and specifications may submit
3 additional information in response to the written comments
4 from the Department or request a reconsideration of the
5 disapproval. A final decision of approval or disapproval
6 shall be made within 45 days of the receipt of the additional
7 information or reconsideration request. If denied, the
8 Department shall state the specific reasons for the denial.
9 (c) The Department shall not issue a violation to a
10 facility as a result of a licensure or complaint survey based
11 upon the facility's physical structure if:
12 (1) the Department reviewed and approved or deemed
13 approved the drawing and specifications for compliance
14 with design and construction standards;
15 (2) the construction, major alteration, or addition
16 was built as submitted;
17 (3) the law or rules have not been amended since
18 the original approval; and
19 (4) the violation does not create a direct threat
20 to the health, safety, or welfare of a resident.
21 (d) The Department shall charge the following fees in
22 connection with its reviews conducted before June 30, 2000
23 under this Section:
24 (1) If the estimated dollar value of the
25 alteration, addition, or new construction is $5,000 or
26 more but less than $25,000, the fee shall be the greater
27 of $300 or 6% of that value.
28 (2) If the estimated dollar value of the
29 alteration, addition, or new construction is $25,000 or
30 more but less than $100,000, the fee shall be the greater
31 of $1,500 or 2.4% of that value.
32 (3) If the estimated dollar value of the
33 alteration, addition, or new construction is $100,000 or
34 more but less than $500,000, the fee shall be the greater
-12- LRB9001424LDdvam10
1 of $2,400 or 1.2% of that value.
2 (4) If the estimated dollar value of the
3 alteration, addition, or new construction is $500,000 or
4 more but less than $1,000,000, the fee shall be the
5 greater of $6,000 or 0.96% of that value.
6 (5) If the estimated dollar value of the
7 alteration, addition, or new construction is $1,000,000
8 or more but less than $5,000,000, the fee shall be the
9 greater of $9,600 or 0.22% of that value.
10 (6) If the estimated dollar value of the
11 alteration, addition, or new construction is $5,000,000
12 or more, the fee shall be the greater of $11,000 or 0.11%
13 of that value, but shall not exceed $40,000.
14 The fees provided in this subsection (d) shall not apply
15 to major construction projects involving facility changes
16 that are required by Department rule amendments.
17 The Department shall not commence the facility plan
18 review process under this Section until the applicable fee
19 has been paid.
20 (e) All fees received by the Department under this
21 Section shall be deposited into the Health Facility Plan
22 Review Fund, a special fund created in the State treasury.
23 Moneys shall be appropriated from that Fund to the Department
24 only to pay the costs of conducting reviews under this
25 Section. None of the moneys in the Health Facility Plan
26 Review Fund shall be used to reduce the amount of General
27 Revenue Fund moneys appropriated to the Department for
28 facility plan reviews conducted pursuant to this Section.
29 (f) (1) The provisions of this amendatory Act of 1997
30 concerning drawings and specifications shall apply only
31 to drawings and specifications submitted to the
32 Department on or after October 1, 1997.
33 (2) On and after the effective date of this
34 amendatory Act of 1997 and before October 1, 1997, an
-13- LRB9001424LDdvam10
1 applicant may submit or resubmit drawings and
2 specifications to the Department and pay the fees
3 provided in subsection (d). If an applicant pays the
4 fees provided in subsection (d) under this paragraph (2),
5 the provisions of subsection (b) shall apply with regard
6 to those drawings and specifications.
7 (g) The Department shall conduct an on-site inspection
8 of the completed project no later than 30 days after
9 notification from the applicant that the project has been
10 completed and all certifications required by the Department
11 have been received and accepted by the Department. The
12 Department shall provide written approval for occupancy to
13 the applicant within 5 working days of the Department's final
14 inspection, provided the applicant has demonstrated
15 substantial compliance as defined by Department rule.
16 Occupancy of new major construction is prohibited until
17 Department approval is received. If the plans and drawings
18 are approved pursuant to subsection (b), occupancy shall be
19 allowed after any required health inspection by the
20 Department has been conducted.
21 (h) The Department shall establish, by rule, a procedure
22 to conduct interim on-site review of large or complex
23 construction projects.
24 (Source: Laws 1965, p. 2350.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".