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91_SB0807sam002
LRB9106074MWgcam03
1 AMENDMENT TO SENATE BILL 807
2 AMENDMENT NO. . Amend Senate Bill 807, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Open Meetings Act is amended by changing
6 Section 1.02 as follows:
7 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
8 Sec. 1.02. For the purposes of this Act:
9 "Meeting" means any gathering of a majority of a quorum
10 of the members commissioners of a public body held for the
11 purpose of discussing public business.
12 "Public body" includes all legislative, executive,
13 administrative or advisory bodies of the State, counties,
14 townships, cities, villages, incorporated towns, school
15 districts and all other municipal corporations, boards,
16 bureaus, committees or commissions of this State, and any
17 subsidiary bodies of any of the foregoing including but not
18 limited to committees and subcommittees which are supported
19 in whole or in part by tax revenue, or which expend tax
20 revenue, except the General Assembly and committees or
21 commissions thereof. "Public body" includes tourism boards
22 and convention or civic center boards located in counties
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1 that are contiguous to the Mississippi River with populations
2 of more than 250,000 but less than 300,000. "Public body"
3 includes the Health Facilities Planning Board. "Public body"
4 does not include a child death review team established under
5 the Child Death Review Team Act or an ethics commission,
6 ethics officer, or ultimate jurisdictional authority acting
7 under the State Gift Ban Act as provided by Section 80 of
8 that Act.
9 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99;
10 revised 11-8-99.)
11 Section 10. The State Gift Ban Act is amended by
12 changing Section 5 as follows:
13 (5 ILCS 425/5)
14 Sec. 5. Definitions. As used in this Act:
15 "Commission" means an ethics commission created by this
16 Act.
17 "Employee" means all full-time, part-time, and
18 contractual employees, appointed and elected officials, and
19 directors of a governmental entity.
20 "Gift" means any gratuity, discount, entertainment,
21 hospitality, loan, forbearance, or other tangible or
22 intangible item having monetary value including, but not
23 limited to, cash, food and drink, and honoraria for speaking
24 engagements related to or attributable to government
25 employment or the official position of an employee, member,
26 officer, or judge.
27 "Governmental entity" means each office, board,
28 commission, agency, department, authority, institution,
29 university, body politic and corporate, administrative unit,
30 and corporate outgrowth of the executive, legislative, and
31 judicial branches of State government, whether created by the
32 Illinois Constitution, by or in accordance with statute, or
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1 by executive order of the Governor. "Governmental entity"
2 includes the Health Facilities Planning Board.
3 "Judge" means judges and associate judges of the Supreme
4 Court, Appellate Courts, and Circuit Courts.
5 "Member" means a member of the General Assembly.
6 "Officer" means a State constitutional officer.
7 "Political organization" means a party, committee,
8 association, fund, or other organization (whether or not
9 incorporated) organized and operated primarily for the
10 purpose of directly or indirectly accepting contributions or
11 making expenditures, or both, for the function of influencing
12 or attempting to influence the selection, nomination,
13 election, or appointment of any individual to any federal,
14 state, or local public office or office in a political
15 organization, or the election of Presidential or
16 Vice-Presidential electors, whether or not the individual or
17 electors are selected, nominated, elected, or appointed. The
18 term includes the making of expenditures relating to an
19 office described in the preceding sentence that, if incurred
20 by the individual, would be allowable as a federal income tax
21 deduction for trade or business expenses.
22 "Prohibited source" means any person or entity who:
23 (1) is seeking official action (i) by the member,
24 officer, or judge or (ii) in the case of an employee, by
25 the employee or by the member, officer, judge,
26 governmental entity, or other employee directing the
27 employee;
28 (2) does business or seeks to do business (i) with
29 the member, officer, or judge or (ii) in the case of an
30 employee, with the employee or with the member, officer,
31 judge, governmental entity, or other employee directing
32 the employee;
33 (3) conducts activities regulated (i) by the
34 member, officer, or judge or (ii) in the case of an
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1 employee, by the employee or by the member, officer,
2 judge, governmental entity, or other employee directing
3 the employee;
4 (4) has interests that may be substantially
5 affected by the performance or non-performance of the
6 official duties of the member, officer, employee, or
7 judge; or
8 (5) is registered or required to be registered with
9 the Secretary of State under the Lobbyist Registration
10 Act.
11 "Ultimate jurisdictional authority" means the following:
12 (1) For members, partisan staff, and their
13 secretaries, the appropriate legislative leader:
14 President of the Senate, Minority Leader of the Senate,
15 Speaker of the House of Representatives, or Minority
16 Leader of the House of Representatives.
17 (2) For State employees who are professional staff
18 or employees of the Senate and not covered under item
19 (1), the Senate Operations Commission.
20 (3) For State employees who are professional staff
21 or employees of the House of Representatives and not
22 covered under item (1), the Speaker of the House of
23 Representatives.
24 (4) For State employees who are employees of the
25 legislative support services agencies, the Joint
26 Committee on Legislative Support Services.
27 (5) For judges, the Chief Justice of the Supreme
28 Court.
29 (6) For State employees of the judicial branch, the
30 Administrative Office of the Illinois Courts.
31 (7) For State employees of an executive branch
32 constitutional officer, the appropriate executive branch
33 constitutional officer.
34 (8) For State employees not under the jurisdiction
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1 of paragraph (1), (2), (3), (4), (5), (6), or (7), the
2 Governor.
3 (9) For officers, the General Assembly.
4 (Source: P.A. 90-737, eff. 1-1-99.)
5 Section 15. The Illinois Health Facilities Planning Act
6 is amended by changing Sections 3, 4, and 5 and by adding
7 Sections 4.1, 19.5, and 19.6 as follows:
8 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
9 (Text of Section before amendment by P.A. 91-656)
10 Sec. 3. As used in this Act:
11 "Health care facilities" means and includes the following
12 facilities and organizations:
13 1. An ambulatory surgical treatment center required
14 to be licensed pursuant to the Ambulatory Surgical
15 Treatment Center Act;
16 2. An institution, place, building, or agency
17 required to be licensed pursuant to the Hospital
18 Licensing Act;
19 3. Any institution required to be licensed pursuant
20 to the Nursing Home Care Act;
21 4. Hospitals, nursing homes, ambulatory surgical
22 treatment centers, or kidney disease treatment centers
23 maintained by the State or any department or agency
24 thereof; and
25 5. Kidney disease treatment centers, including a
26 free-standing hemodialysis unit.
27 No federally owned facility shall be subject to the
28 provisions of this Act, nor facilities used solely for
29 healing by prayer or spiritual means.
30 No facility licensed under the Supportive Residences
31 Licensing Act shall be subject to the provisions of this Act.
32 A facility designated as a supportive living facility
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1 that is in good standing with the demonstration project
2 established under Section 5-5.01a of the Illinois Public Aid
3 Code shall not be subject to the provisions of this Act.
4 This Act does not apply to facilities granted waivers
5 under Section 3-102.2 of the Nursing Home Care Act. However,
6 if a demonstration project under that Act applies for a
7 certificate of need to convert to a nursing facility, it
8 shall meet the licensure and certificate of need requirements
9 in effect as of the date of application.
10 With the exception of those health care facilities
11 specifically included in this Section, nothing in this Act
12 shall be intended to include facilities operated as a part of
13 the practice of a physician or other licensed health care
14 professional, whether practicing in his individual capacity
15 or within the legal structure of any partnership, medical or
16 professional corporation, or unincorporated medical or
17 professional group. Further, this Act shall not apply to
18 physicians or other licensed health care professional's
19 practices where such practices are carried out in a portion
20 of a health care facility under contract with such health
21 care facility by a physician or by other licensed health care
22 professionals, whether practicing in his individual capacity
23 or within the legal structure of any partnership, medical or
24 professional corporation, or unincorporated medical or
25 professional groups. This Act shall apply to construction or
26 modification and to establishment by such health care
27 facility of such contracted portion which is subject to
28 facility licensing requirements, irrespective of the party
29 responsible for such action or attendant financial
30 obligation.
31 "Person" means any one or more natural persons, legal
32 entities, governmental bodies other than federal, or any
33 combination thereof.
34 "Consumer" means any person other than a person (a) whose
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1 major occupation currently involves or whose official
2 capacity within the last 12 months has involved the
3 providing, administering or financing of any type of health
4 care facility, (b) who is engaged in health research or the
5 teaching of health, (c) who has a material financial interest
6 in any activity which involves the providing, administering
7 or financing of any type of health care facility, or (d) who
8 is or ever has been a member of the immediate family of the
9 person defined by (a), (b), or (c).
10 "State Board" means the Health Facilities Planning Board.
11 "Construction or modification" means the establishment,
12 erection, building, alteration, reconstruction,
13 modernization, improvement, extension, discontinuation,
14 change of ownership, of or by a health care facility, or the
15 purchase or acquisition by or through a health care facility
16 of equipment or service for diagnostic or therapeutic
17 purposes or for facility administration or operation, or any
18 capital expenditure made by or on behalf of a health care
19 facility which exceeds the capital expenditure minimum.
20 "Establish" means the construction of a health care
21 facility or the replacement of an existing facility on
22 another site.
23 "Major medical equipment" means medical equipment which
24 is used for the provision of medical and other health
25 services and which costs in excess of the capital expenditure
26 minimum, except that such term does not include medical
27 equipment acquired by or on behalf of a clinical laboratory
28 to provide clinical laboratory services if the clinical
29 laboratory is independent of a physician's office and a
30 hospital and it has been determined under Title XVIII of the
31 Social Security Act to meet the requirements of paragraphs
32 (10) and (11) of Section 1861(s) of such Act. In determining
33 whether medical equipment has a value in excess of the
34 capital expenditure minimum, the value of studies, surveys,
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1 designs, plans, working drawings, specifications, and other
2 activities essential to the acquisition of such equipment
3 shall be included.
4 "Capital Expenditure" means an expenditure: (A) made by
5 or on behalf of a health care facility (as such a facility is
6 defined in this Act); and (B) which under generally accepted
7 accounting principles is not properly chargeable as an
8 expense of operation and maintenance, or is made to obtain by
9 lease or comparable arrangement any facility or part thereof
10 or any equipment for a facility or part; and which exceeds
11 the capital expenditure minimum.
12 For the purpose of this paragraph, the cost of any
13 studies, surveys, designs, plans, working drawings,
14 specifications, and other activities essential to the
15 acquisition, improvement, expansion, or replacement of any
16 plant or equipment with respect to which an expenditure is
17 made shall be included in determining if such expenditure
18 exceeds the capital expenditures minimum. Donations of
19 equipment or facilities to a health care facility which if
20 acquired directly by such facility would be subject to review
21 under this Act shall be considered capital expenditures, and
22 a transfer of equipment or facilities for less than fair
23 market value shall be considered a capital expenditure for
24 purposes of this Act if a transfer of the equipment or
25 facilities at fair market value would be subject to review.
26 "Capital expenditure minimum" means $7,000,000 $1,000,000
27 for major medical equipment and $2,000,000 for all clinical
28 other capital expenditures, both of which shall be annually
29 adjusted to reflect the increase in construction costs due to
30 inflation.
31 "Non-clinical service area" means an area for the benefit
32 of patients, visitors, staff, or employees of the health care
33 facility that is not directly related to the diagnosis,
34 treatment, or rehabilitation of persons receiving services
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1 from the health care facility. "Non-clinical service areas"
2 include, but are not limited to, chapels; gift shops; news
3 stands; tunnels, walkways, and elevators; computer systems;
4 telephone systems; projects to comply with life safety codes;
5 educational facilities; student housing; patient, employee,
6 staff, and visitor dining areas; administration and volunteer
7 offices; modernization of structural components (such as roof
8 replacement and masonry work); boiler repair or replacement;
9 vehicle maintenance and storage facilities; parking
10 facilities; mechanical systems for heating, ventilation, and
11 air conditioning; loading docks; and repair or replacement of
12 carpeting, tile, wall coverings, window coverings or
13 treatments, or furniture.
14 "Areawide" means a major area of the State delineated on
15 a geographic, demographic, and functional basis for health
16 planning and for health service and having within it one or
17 more local areas for health planning and health service. The
18 term "region", as contrasted with the term "subregion", and
19 the word "area" may be used synonymously with the term
20 "areawide".
21 "Local" means a subarea of a delineated major area that
22 on a geographic, demographic, and functional basis may be
23 considered to be part of such major area. The term
24 "subregion" may be used synonymously with the term "local".
25 "Areawide health planning organization" or "Comprehensive
26 health planning organization" means the health systems agency
27 designated by the Secretary, Department of Health and Human
28 Services or any successor agency.
29 "Local health planning organization" means those local
30 health planning organizations that are designated as such by
31 the areawide health planning organization of the appropriate
32 area.
33 "Physician" means a person licensed to practice in
34 accordance with the Medical Practice Act of 1987, as amended.
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1 "Licensed health care professional" means a person
2 licensed to practice a health profession under pertinent
3 licensing statutes of the State of Illinois.
4 "Director" means the Director of the Illinois Department
5 of Public Health.
6 "Agency" means the Illinois Department of Public Health.
7 "Comprehensive health planning" means health planning
8 concerned with the total population and all health and
9 associated problems that affect the well-being of people and
10 that encompasses health services, health manpower, and health
11 facilities; and the coordination among these and with those
12 social, economic, and environmental factors that affect
13 health.
14 "Alternative health care model" means a facility or
15 program authorized under the Alternative Health Care Delivery
16 Act.
17 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
18 90-14, eff. 7-1-97.)
19 (Text of Section after amendment by P.A. 91-656)
20 Sec. 3. As used in this Act:
21 "Health care facilities" means and includes the following
22 facilities and organizations:
23 1. An ambulatory surgical treatment center required
24 to be licensed pursuant to the Ambulatory Surgical
25 Treatment Center Act;
26 2. An institution, place, building, or agency
27 required to be licensed pursuant to the Hospital
28 Licensing Act;
29 3. Skilled and intermediate long term care
30 facilities licensed under the Nursing Home Care Act;
31 4. Hospitals, nursing homes, ambulatory surgical
32 treatment centers, or kidney disease treatment centers
33 maintained by the State or any department or agency
34 thereof; and
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1 5. Kidney disease treatment centers, including a
2 free-standing hemodialysis unit.
3 No federally owned facility shall be subject to the
4 provisions of this Act, nor facilities used solely for
5 healing by prayer or spiritual means.
6 No facility licensed under the Supportive Residences
7 Licensing Act or the Assisted Living and Shared Housing Act
8 shall be subject to the provisions of this Act.
9 A facility designated as a supportive living facility
10 that is in good standing with the demonstration project
11 established under Section 5-5.01a of the Illinois Public Aid
12 Code shall not be subject to the provisions of this Act.
13 This Act does not apply to facilities granted waivers
14 under Section 3-102.2 of the Nursing Home Care Act. However,
15 if a demonstration project under that Act applies for a
16 certificate of need to convert to a nursing facility, it
17 shall meet the licensure and certificate of need requirements
18 in effect as of the date of application.
19 This Act shall not apply to the closure of an entity or a
20 portion of an entity licensed under the Nursing Home Care Act
21 that elects to convert, in whole or in part, to an assisted
22 living or shared housing establishment licensed under the
23 Assisted Living and Shared Housing Establishment Act.
24 With the exception of those health care facilities
25 specifically included in this Section, nothing in this Act
26 shall be intended to include facilities operated as a part of
27 the practice of a physician or other licensed health care
28 professional, whether practicing in his individual capacity
29 or within the legal structure of any partnership, medical or
30 professional corporation, or unincorporated medical or
31 professional group. Further, this Act shall not apply to
32 physicians or other licensed health care professional's
33 practices where such practices are carried out in a portion
34 of a health care facility under contract with such health
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1 care facility by a physician or by other licensed health care
2 professionals, whether practicing in his individual capacity
3 or within the legal structure of any partnership, medical or
4 professional corporation, or unincorporated medical or
5 professional groups. This Act shall apply to construction or
6 modification and to establishment by such health care
7 facility of such contracted portion which is subject to
8 facility licensing requirements, irrespective of the party
9 responsible for such action or attendant financial
10 obligation.
11 "Person" means any one or more natural persons, legal
12 entities, governmental bodies other than federal, or any
13 combination thereof.
14 "Consumer" means any person other than a person (a) whose
15 major occupation currently involves or whose official
16 capacity within the last 12 months has involved the
17 providing, administering or financing of any type of health
18 care facility, (b) who is engaged in health research or the
19 teaching of health, (c) who has a material financial interest
20 in any activity which involves the providing, administering
21 or financing of any type of health care facility, or (d) who
22 is or ever has been a member of the immediate family of the
23 person defined by (a), (b), or (c).
24 "State Board" means the Health Facilities Planning Board.
25 "Construction or modification" means the establishment,
26 erection, building, alteration, reconstruction,
27 modernization, improvement, extension, discontinuation,
28 change of ownership, of or by a health care facility, or the
29 purchase or acquisition by or through a health care facility
30 of equipment or service for diagnostic or therapeutic
31 purposes or for facility administration or operation, or any
32 capital expenditure made by or on behalf of a health care
33 facility which exceeds the capital expenditure minimum.
34 "Establish" means the construction of a health care
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1 facility or the replacement of an existing facility on
2 another site.
3 "Major medical equipment" means medical equipment which
4 is used for the provision of medical and other health
5 services and which costs in excess of the capital expenditure
6 minimum, except that such term does not include medical
7 equipment acquired by or on behalf of a clinical laboratory
8 to provide clinical laboratory services if the clinical
9 laboratory is independent of a physician's office and a
10 hospital and it has been determined under Title XVIII of the
11 Social Security Act to meet the requirements of paragraphs
12 (10) and (11) of Section 1861(s) of such Act. In determining
13 whether medical equipment has a value in excess of the
14 capital expenditure minimum, the value of studies, surveys,
15 designs, plans, working drawings, specifications, and other
16 activities essential to the acquisition of such equipment
17 shall be included.
18 "Capital Expenditure" means an expenditure: (A) made by
19 or on behalf of a health care facility (as such a facility is
20 defined in this Act); and (B) which under generally accepted
21 accounting principles is not properly chargeable as an
22 expense of operation and maintenance, or is made to obtain by
23 lease or comparable arrangement any facility or part thereof
24 or any equipment for a facility or part; and which exceeds
25 the capital expenditure minimum.
26 For the purpose of this paragraph, the cost of any
27 studies, surveys, designs, plans, working drawings,
28 specifications, and other activities essential to the
29 acquisition, improvement, expansion, or replacement of any
30 plant or equipment with respect to which an expenditure is
31 made shall be included in determining if such expenditure
32 exceeds the capital expenditures minimum. Donations of
33 equipment or facilities to a health care facility which if
34 acquired directly by such facility would be subject to review
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1 under this Act shall be considered capital expenditures, and
2 a transfer of equipment or facilities for less than fair
3 market value shall be considered a capital expenditure for
4 purposes of this Act if a transfer of the equipment or
5 facilities at fair market value would be subject to review.
6 "Capital expenditure minimum" means $7,000,000 $1,000,000
7 for major medical equipment and $2,000,000 for all clinical
8 other capital expenditures, both of which shall be annually
9 adjusted to reflect the increase in construction costs due to
10 inflation.
11 "Non-clinical service area" means an area for the benefit
12 of patients, visitors, staff, or employees of the health care
13 facility that is not directly related to the diagnosis,
14 treatment, or rehabilitation of persons receiving services
15 from the health care facility. "Non-clinical service areas"
16 include, but are not limited to, chapels; gift shops; news
17 stands; tunnels, walkways, and elevators; computer systems;
18 telephone systems; projects to comply with life safety codes;
19 educational facilities; student housing; patient, employee,
20 staff, and visitor dining areas; administration and volunteer
21 offices; modernization of structural components (such as roof
22 replacement and masonry work); boiler repair or replacement;
23 vehicle maintenance and storage facilities; parking
24 facilities; mechanical systems for heating, ventilation, and
25 air conditioning; loading docks; and repair or replacement of
26 carpeting, tile, wall coverings, window coverings or
27 treatments, or furniture.
28 "Areawide" means a major area of the State delineated on
29 a geographic, demographic, and functional basis for health
30 planning and for health service and having within it one or
31 more local areas for health planning and health service. The
32 term "region", as contrasted with the term "subregion", and
33 the word "area" may be used synonymously with the term
34 "areawide".
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1 "Local" means a subarea of a delineated major area that
2 on a geographic, demographic, and functional basis may be
3 considered to be part of such major area. The term
4 "subregion" may be used synonymously with the term "local".
5 "Areawide health planning organization" or "Comprehensive
6 health planning organization" means the health systems agency
7 designated by the Secretary, Department of Health and Human
8 Services or any successor agency.
9 "Local health planning organization" means those local
10 health planning organizations that are designated as such by
11 the areawide health planning organization of the appropriate
12 area.
13 "Physician" means a person licensed to practice in
14 accordance with the Medical Practice Act of 1987, as amended.
15 "Licensed health care professional" means a person
16 licensed to practice a health profession under pertinent
17 licensing statutes of the State of Illinois.
18 "Director" means the Director of the Illinois Department
19 of Public Health.
20 "Agency" means the Illinois Department of Public Health.
21 "Comprehensive health planning" means health planning
22 concerned with the total population and all health and
23 associated problems that affect the well-being of people and
24 that encompasses health services, health manpower, and health
25 facilities; and the coordination among these and with those
26 social, economic, and environmental factors that affect
27 health.
28 "Alternative health care model" means a facility or
29 program authorized under the Alternative Health Care Delivery
30 Act.
31 (Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01.)
32 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
33 Sec. 4. There is created the Health Facilities Planning
-16- LRB9106074MWgcam03
1 Board, which shall perform such functions as hereinafter
2 described in this Act.
3 The State Board shall consist of 15 voting members,
4 including: 8 consumer members; one member representing the
5 commercial health insurance industry in Illinois; one member
6 representing proprietary hospitals in Illinois; one member
7 who is actively engaged in the field of hospital management;
8 one member who is a professional nurse registered in
9 Illinois; one member who is a physician in active private
10 practice licensed in Illinois to practice medicine in all of
11 its branches; one member who is actively engaged in the field
12 of skilled nursing or intermediate care facility management;
13 and one member who is actively engaged in the administration
14 of an ambulatory surgical treatment center licensed under the
15 Ambulatory Surgical Treatment Center Act.
16 The State Board shall be appointed by the Governor, with
17 the advice and consent of the Senate. In making the
18 appointments, the Governor shall give consideration to
19 recommendations made by (1) the professional organizations
20 concerned with hospital management for the hospital
21 management appointment, (2) professional organizations
22 concerned with long term care facility management for the
23 long term care facility management appointment, (3)
24 professional medical organizations for the physician
25 appointment, (4) professional nursing organizations for the
26 nurse appointment, and (5) professional organizations
27 concerned with ambulatory surgical treatment centers for the
28 ambulatory surgical treatment center appointment, and shall
29 appoint as consumer members individuals familiar with
30 community health needs but whose interest in the operation,
31 construction or utilization of health care facilities are
32 derived from factors other than those related to his
33 profession, business, or economic gain, and who represent, so
34 far as possible, different geographic areas of the State. Not
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1 more than 8 of the appointments shall be of the same
2 political party.
3 The Secretary of Human Services, the Director of Public
4 Aid, and the Director of Public Health, or their designated
5 representatives, shall serve as ex-officio, non-voting
6 members of the State Board.
7 Of those appointed by the Governor as voting members,
8 each member shall hold office for a term of 3 years:
9 provided, that any member appointed to fill a vacancy
10 occurring prior to the expiration of the term for which his
11 predecessor was appointed shall be appointed for the
12 remainder of such term and the term of office of each
13 successor shall commence on July 1 of the year in which his
14 predecessor's term expires. In making original appointments
15 to the State Board, the Governor shall appoint 5 members for
16 a term of one year, 5 for a term of 2 years, and 3 for a term
17 of 3 years, and each of these terms of office shall commence
18 on July 1, 1974. The initial term of office for the members
19 appointed under this amendatory Act of 1996 shall begin on
20 July 1, 1996 and shall last for 2 years, and each subsequent
21 appointment shall be for a term of 3 years. Each member
22 shall hold office until his successor is appointed and
23 qualified.
24 State Board members, while serving on business of the
25 State Board, shall receive actual and necessary travel and
26 subsistence expenses while so serving away from their places
27 of residence. In addition, while serving on business of the
28 State Board, each member shall receive compensation of $150
29 per day, except that such compensation shall not exceed
30 $7,500 in any one year for any member.
31 The State Board shall provide for its own organization
32 and procedures, including the selection of a Chairman and
33 such other officers as deemed necessary. The Director, with
34 concurrence of the State Board, shall name as full-time
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1 Executive Secretary of the State Board, a person qualified in
2 health care facility planning and in administration. The
3 Agency shall provide administrative and staff support for the
4 State Board. The State Board shall advise the Director of
5 its budgetary and staff needs and consult with the Director
6 on annual budget preparation.
7 The State Board shall meet at least once each quarter, or
8 as often as the Chairman of the State Board deems necessary,
9 or upon the request of a majority of the members.
10 Eight members of the State Board shall constitute a
11 quorum. The affirmative vote of 8 of the members of the
12 State Board shall be necessary for any action requiring a
13 vote to be taken by the State Board. A vacancy in the
14 membership of the State Board shall not impair the right of a
15 quorum to exercise all the rights and perform all the duties
16 of the State Board as provided by this Act.
17 (Source: P.A. 89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)
18 (20 ILCS 3960/4.1 new)
19 Sec. 4.1. Ethics laws.
20 (a) All State Board meetings are subject to the Open
21 Meetings Act.
22 (b) The State Board is subject to the State Gift Ban Act.
23 (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
24 Sec. 5. After effective dates set by the State Board,
25 no person shall construct, modify or establish a health care
26 facility or acquire major medical equipment without first
27 obtaining a permit or exemption from the State Board. The
28 State Board shall not delegate to the Executive Secretary of
29 the State Board or any other person or entity the authority
30 to grant permits or exemptions whenever the Executive
31 Secretary or other person or entity would be required to
32 exercise any discretion affecting the decision to grant a
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1 permit or exemption. The State Board shall set effective
2 dates applicable to all or to each classification or category
3 of health care facilities and applicable to all or each type
4 of transaction for which a permit is required. Varying
5 effective dates may be set, providing the date or dates so
6 set shall apply uniformly statewide.
7 Notwithstanding any effective dates established by this
8 Act or by the State Board, no person shall be required to
9 obtain a permit for any purpose under this Act until the
10 State health facilities plan referred to in paragraph (4) of
11 Section 12 of this Act has been approved and adopted by the
12 State Board subsequent to public hearings having been held
13 thereon.
14 A permit or exemption shall be obtained prior to the
15 acquisition of major medical equipment or to the construction
16 or modification of a health care facility which:
17 (a) requires a total capital expenditure in excess
18 of the capital expenditure minimum; or
19 (b) substantially changes the scope or changes the
20 functional operation of the facility; or
21 (c) changes the bed capacity of a health care
22 facility by increasing the total number of beds or by
23 distributing beds among various categories of service or
24 by relocating beds from one physical facility or site to
25 another by more than 10 beds or more than 10% of total
26 bed capacity as defined by the State Board, whichever is
27 less, over a 2 year period.
28 A permit shall be valid only for the defined construction
29 or modifications, site, amount and person named in the
30 application for such permit and shall not be transferable or
31 assignable. A permit shall be valid until such time as the
32 project has been completed, provided that (a) obligation of
33 the project occurs within 12 months following issuance of the
34 permit except for major construction projects such obligation
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1 must occur within 18 months following issuance of the permit;
2 and (b) the project commences and proceeds to completion with
3 due diligence. Major construction projects, for the purposes
4 of this Act, shall include but are not limited to: projects
5 for the construction of new buildings; additions to existing
6 facilities; modernization projects whose cost is in excess of
7 $1,000,000 or 10% of the facilities' operating revenue,
8 whichever is less; and such other projects as the State Board
9 shall define and prescribe pursuant to this Act. The State
10 Board may extend the obligation period upon a showing of good
11 cause by the permit holder. Permits for projects that have
12 not been obligated within the prescribed obligation period
13 shall expire on the last day of that period.
14 Persons who otherwise would be required to obtain a
15 permit shall be exempt from such requirement if the State
16 Board finds that with respect to establishing a new facility
17 or construction of new buildings or additions or
18 modifications to an existing facility, final plans and
19 specifications for such work have prior to October 1, 1974,
20 been submitted to and approved by the Department of Public
21 Health in accordance with the requirements of applicable
22 laws. Such exemptions shall be null and void after December
23 31, 1979 unless binding construction contracts were signed
24 prior to December 1, 1979 and unless construction has
25 commenced prior to December 31, 1979. Such exemptions shall
26 be valid until such time as the project has been completed
27 provided that the project proceeds to completion with due
28 diligence.
29 The acquisition by any person of major medical equipment
30 that will not be owned by or located in a health care
31 facility and that will not be used to provide services to
32 inpatients of a health care facility shall be exempt from
33 review provided that a notice is filed in accordance with
34 exemption requirements.
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1 Notwithstanding any other provision of this Act, no
2 permit or exemption is required for the construction or
3 modification of a non-clinical service area of a health care
4 facility.
5 (Source: P.A. 88-18.)
6 (20 ILCS 3960/19.5 new)
7 Sec. 19.5. Audit. Upon the effective date of this
8 amendatory Act of the 91st General Assembly, the Auditor
9 General must commence an audit of the State Board to
10 determine:
11 (1) whether the State Board can demonstrate that the
12 certificate of need process is successful in controlling
13 health care costs, allowing public access to necessary
14 health services, and guaranteeing the availability of
15 quality health care to the general public;
16 (2) whether the State Board is following its adopted
17 rules and procedures;
18 (3) whether the State Board is consistent in
19 awarding and denying certificates of need; and
20 (4) whether the State Board's annual reports reflect
21 a cost savings to the State.
22 The Auditor General must report on the results of the
23 audit to the General Assembly upon completion.
24 This Section is repealed when the Auditor General files
25 his or her report with the General Assembly.
26 (20 ILCS 3960/19.6 new)
27 Sec. 19.6. Repeal. This Act is repealed on July 1,
28 2003.
29 Section 20. The Illinois State Auditing Act is amended
30 by changing Section 3-1 as follows:
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1 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
2 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
3 General has jurisdiction over all State agencies to make post
4 audits and investigations authorized by or under this Act or
5 the Constitution.
6 The Auditor General has jurisdiction over local
7 government agencies and private agencies only:
8 (a) to make such post audits authorized by or under
9 this Act as are necessary and incidental to a post audit
10 of a State agency or of a program administered by a State
11 agency involving public funds of the State, but this
12 jurisdiction does not include any authority to review
13 local governmental agencies in the obligation, receipt,
14 expenditure or use of public funds of the State that are
15 granted without limitation or condition imposed by law,
16 other than the general limitation that such funds be used
17 for public purposes;
18 (b) to make investigations authorized by or under
19 this Act or the Constitution; and
20 (c) to make audits of the records of local
21 government agencies to verify actual costs of
22 state-mandated programs when directed to do so by the
23 Legislative Audit Commission at the request of the State
24 Board of Appeals under the State Mandates Act.
25 In addition to the foregoing, the Auditor General may
26 conduct an audit of the Metropolitan Pier and Exposition
27 Authority, the Regional Transportation Authority, the
28 Suburban Bus Division, the Commuter Rail Division and the
29 Chicago Transit Authority and any other subsidized carrier
30 when authorized by the Legislative Audit Commission. Such
31 audit may be a financial, management or program audit, or any
32 combination thereof.
33 The audit shall determine whether they are operating in
34 accordance with all applicable laws and regulations. Subject
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1 to the limitations of this Act, the Legislative Audit
2 Commission may by resolution specify additional
3 determinations to be included in the scope of the audit.
4 The Auditor General may also conduct an audit, when
5 authorized by the Legislative Audit Commission, of any
6 hospital which receives 10% or more of its gross revenues
7 from payments from the State of Illinois, Department of
8 Public Aid, Medical Assistance Program.
9 The Auditor General is authorized to conduct financial
10 and compliance audits of the Illinois Distance Learning
11 Foundation and the Illinois Conservation Foundation.
12 As soon as practical after the effective date of this
13 amendatory Act of 1995, the Auditor General shall conduct a
14 compliance and management audit of the City of Chicago and
15 any other entity with regard to the operation of Chicago
16 O'Hare International Airport, Chicago Midway Airport and
17 Merrill C. Meigs Field. The audit shall include, but not be
18 limited to, an examination of revenues, expenses, and
19 transfers of funds; purchasing and contracting policies and
20 practices; staffing levels; and hiring practices and
21 procedures. When completed, the audit required by this
22 paragraph shall be distributed in accordance with Section
23 3-14.
24 The Auditor General shall conduct a financial and
25 compliance and program audit of distributions from the
26 Municipal Economic Development Fund during the immediately
27 preceding calendar year pursuant to Section 8-403.1 of the
28 Public Utilities Act at no cost to the city, village, or
29 incorporated town that received the distributions.
30 The Auditor General must conduct an audit of the Health
31 Facilities Planning Board pursuant to Section 19.5 of the
32 Illinois Health Facilities Planning Act.
33 (Source: P.A. 89-386, eff. 8-18-95; 90-813, eff. 1-29-99.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".