91st General Assembly
Summary of SB0807
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Senate Sponsors:
KARPIEL-RAUSCHENBERGER, CRONIN, SYVERSON, JONES,W, PARKER, 
   PETKA, SIEBEN, HAWKINSON AND RADOGNO.

House Sponsors:
SMITH,MICHAEL-TURNER,JOHN-KLINGLER-BOLAND-JOHNSON,TOM

Short description: 
HEALTH FAC PLANNING-DEFINITION                                             

Synopsis of Bill as introduced:
        Repeals the Illinois Health Facilities Planning Act and abolishes      
   the Health Facilities Planning Board.  Amends the Health  Care  Worker      
   Self-Referral  Act to transfer the Board's functions under that Act to      
   the Department of Public Health.  Amends the Illinois  Health  Finance      
   Reform  Act,  the  State  Finance  Act, the Hospital District Law, the      
   Alternative Health Care Delivery Act, the Life  Care  Facilities  Act,      
   the  Nursing  Home  Care  Act,  the  Emergency  Medical Services (EMS)      
   Systems Act, the Hospital Licensing Act, the  Nurse  Agency  Licensing      
   Act,  the Illinois Public Aid Code, and the Specialized Living Centers      
   Act by  repealing  or  changing  provisions  relating  to  the  Health      
   Facilities Planning Act.  Effective immediately.                            
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          20 ILCS 2215/2-2                                                     
          20 ILCS 3960/Act rep.                                                
          30 ILCS 105/5.213 rep.                                               
          70 ILCS 910/15                                                       
          210 ILCS 3/20                                                        
          210 ILCS 3/30                                                        
          210 ILCS 3/36.5 rep.                                                 
          210 ILCS 40/2                                                        
          210 ILCS 40/7                                                        
          210 ILCS 45/3-102.2                                                  
          210 ILCS 45/3-103                                                    
          210 ILCS 50/32.5                                                     
          210 ILCS 85/4.5                                                      
          225 ILCS 47/5                                                        
          225 ILCS 47/15                                                       
          225 ILCS 47/30                                                       
          225 ILCS 510/3                                                       
          305 ILCS 5/5-5.01a                                                   
          405 ILCS 25/4.03 rep.                                                
          Adds reference to:                                                   
          5 ILCS 120/1.02                 from Ch. 102, par. 41.02             
          5 ILCS 425/5                                                         
          20 ILCS 3960/3                  from Ch. 111 1/2, par. 1153          
          20 ILCS 3960/4                  from Ch. 111 1/2, par. 1154          
          20 ILCS 3960/4.1 new                                                 
          20 ILCS 3960/5                  from Ch. 111 1/2, par. 1155          
          20 ILCS 3960/6                  from Ch. 111 1/2, par. 1156          
          20 ILCS 3960/12                 from Ch. 111 1/2, par. 1162          
          20 ILCS 3960/19.5 new                                                
          30 ILCS 5/3-1                   from Ch. 15, par. 303-1              
        Deletes everything.  Provides  that  one  member  of  the  Health      
   Facilities  Planning  Board must represent hospitals in Illinois (now,      
   one member must represent proprietary hospitals in Illinois). Provides      
   that "capital expenditure minimum" means $7,000,000 for major  medical      
   equipment  and  all clinical capital expenditures (now, $1,000,000 for      
   major  medical  equipment  and  $2,000,000  for  all   other   capital      
   expenditures).  Provides  that beginning on January 1, 2001, no person      
   may be appointed to or serve as a member of the State  Board  if  that      
   person  has served 3 or more consecutive terms. Requires a health care      
   facility to obtain a permit or exemption from the State  Board  before      
   the  construction or modification of a health care facility that would      
   increase by more than 10% the capacity  of  beds  used  for  a  single      
   licensure  category  (now,  the permit or exemption is required before      
   construction or modification that would increase by more than 10%  the      
   total  bed  capacity  of  the  facility).   Provides that no permit or      
   exemption is necessary for (i) projects pending at the time  a  health      
   care  facility  undergoes a change of ownership, (ii) the construction      
   or modification  of  non-clinical  service  areas  of  a  health  care      
   facility,  or (iii) the replacement of a health care facility that was      
   granted a permit or  exemption  when  it  was  initially  constructed.      
   Requires  certain  information to be submitted to the State Board when      
   an exemption for a change of ownership is requested.  Requires  notice      
   and  public  hearing  before  certain changes in ownership of a health      
   care facility can be  approved.  Requires  the  State  Board  to  give      
   affected  parties  notice  at least 30 days before submitting proposed      
   rules or changes in rules for publication in  the  Illinois  Register.      
   Provides  that the State Board is subject to the Open Meetings Act and      
   the State Gift Ban Act. Requires the  Auditor  General  to  conduct  a      
   study  of  the  State  Board.   Makes  other changes.  Amends the Open      
   Meetings Act, the State Gift Ban Act, and the Illinois State  Auditing      
   Act to make conforming changes.  Effective immediately.                     
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          20 ILCS 3960/19.6 new                                                
        Deletes  everything.  Amends  the  Illinois   Health   Facilities      
   Planning  Act.    Provides  that  "capital  expenditure minimum" means      
   $7,000,000 for  major  medical  equipment  and  all  clinical  capital      
   expenditures   (now   $1,000,000   for  major  medical  equipment  and      
   $2,000,000 for all other capital expenditures). Defines  "non-clinical      
   service  areas".   Provides  that  one member of the Health Facilities      
   Planning Board must represent hospitals in Illinois (now,  one  member      
   must  represent  proprietary hospitals in Illinois). Provides that the      
   Health Facilities Planning Board is subject to the Open  Meetings  Act      
   and  the  State Gift Ban Act.  Provides that no permit or exemption is      
   required for  the  construction  or  modification  of  a  non-clinical      
   service area.  Requires the Auditor General to conduct an audit of the      
   Health   Facilities  Planning  Board.   Repeals  the  Illinois  Health      
   Facilities Planning Act on July 1, 2003.  Makes conforming changes  in      
   the  Open Meetings Act, the State Gift Ban Act, and the Illinois State      
   Auditing Act.  Effective immediately.                                       
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          20 ILCS 3960/4.2 new                                                 
        Further amends  the  Illinois  Health  Facilities  Planning  Act.      
   Prohibits  certain  ex  parte  communications  between  members of the      
   Health  Facilities  Planning  Board,  hearing  officers,   and   Board      
   employees and other parties to proceedings before the Board.                
        HOUSE AMENDMENT NO. 2.                                                 
        Further amends  the  Illinois  Health  Facilities  Planning  Act.      
   Requires  the  Health Facilities Planning Board to transcribe verbatim      
   closed meetings.  Requires the transcripts to  be  made  available  in      
   certain circumstances.                                                      
          STATE MANDATES NOTE, H-AM 1, 2                                       
          (Department of Commerce and Community Affairs)                       
          This legislation does not create a State mandate under the           
          State Mandates Act.                                                  
          FISCAL NOTE, H-AM 1, 2 (Department of Public Health)                 
          It is anticipated that SB 807 as amended will result in an es-       
          timated $300,000 decrease in State revenues due to a reduction       
          in the number of health care facility capital projects that          
          will be subject to CON permit requirements. Total revenues           
          collected from application processing fees have been averaging       
          about $1.9 million for the past two fiscal years. Based upon         
          historical information, there could be a reduction in the            
          application review and processing workload of 12% to 31% and         
          a corresponding reduction in program revenues of 9% to               
          27%. Assuming a reduction in revenues of approximately               
          $300,000 per year, it would be necessary to reduce personal          
          services expenses by elimination of 5-6 staff in various areas.      
          In addition, other line item costs may need to be reduced.           
          STATE MANDATES NOTE, H-AM 9                                          
          (Department of Commerce and Community Affairs)                       
          SB807 (H-am 9) creates a local government organization and           
          structure mandate for which reimbursement of the increased           
          costs to units of local government is not required under the         
          State Mandates Act. An estimate of the cost to units of local        
          government is not available.                                         
        HOUSE AMENDMENT NO. 9.                                                 
          Adds reference to:                                                   
          5 ILCS 120/1.02                 from Ch. 102, par. 41.02             
          5 ILCS 425/5                                                         
          20 ILCS 3960/3                  from Ch. 111 1/2, par. 1153          
          20 ILCS 3960/4                  from Ch. 111 1/2, par. 1154          
          20 ILCS 3960/4.1 new                                                 
          20 ILCS 3960/4.2 new                                                 
          20 ILCS 3960/5                  from Ch. 111 1/2, par. 1155          
          20 ILCS 3960/5.2 new                                                 
          20 ILCS 3960/5.3 new                                                 
          20 ILCS 3960/19.5 new                                                
          20 ILCS 3960/19.6 new                                                
          30 ILCS 5/3-1                   from Ch. 15, par. 303-1              
        Deletes  everything.  Amends  the  Illinois   Health   Facilities      
   Planning  Act.    Changes  the definition of "health care facility" to      
   include specified entities leased, owned, or operated by or on  behalf      
   of  an  out-of-state  facility.  Requires  a  permit  from  the Health      
   Facilities Planning Board before the establishment,  construction,  or      
   modification  of  certain property owned, leased, or operated by or on      
   behalf of an out-of-state facility. Defines  "out-of-state  facility".      
   Defines  "non-clinical  service  area". Redefines "capital expenditure      
   minimum". Provides that a capital expenditure made by or on behalf  of      
   a  health  care  facility  for  the  construction or modification of a      
   facility licensed under the Assisted Living and Shared Housing Act  is      
   excluded   from  obligations  under  the  Illinois  Health  Facilities      
   Planning Act. Provides  that  one  member  of  the  Health  Facilities      
   Planning  Board  must represent hospitals in Illinois (now, one member      
   must represent proprietary hospitals in Illinois).   Provides that the      
   Health Facilities Planning Board is subject to the Open  Meetings  Act      
   and   the   State   Gift   Ban   Act.    Prohibits  certain  ex  parte      
   communications.  Provides that no permit or exemption is required  for      
   the  construction  or  modification  of  a  non-clinical service area.      
   Requires health care facilities to report all capital expenditures  in      
   excess  of  $200,000    to the Board.  Requires the Auditor General to      
   conduct an audit of the Health Facilities Planning Board.  Repeals the      
   Illinois Health Facilities  Planning  Act  on  July  1,  2003.   Makes      
   conforming  changes  in the Open Meetings Act, the State Gift Ban Act,      
   and the Illinois State Auditing Act.  Makes other  changes.  Effective      
   immediately.                                                                
 
Last action on Bill: PUBLIC ACT.............................. 91-0782

   Last action date: 00-06-09

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   4     SENATE -   2


   END OF INQUIRY 
                                                                               



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