State of Illinois
92nd General Assembly
Legislation

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92_HB6041eng

 
HB6041 Engrossed                               LRB9212704ACpk

 1        AN ACT in relation to health facilities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Hospital Licensing  Act  is  amended  by
 5    changing Section 8 as follows:

 6        (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
 7        Sec. 8. Facility plan review; fees.
 8        (a)  Before  commencing construction of new facilities or
 9    specified types of alteration or  additions  to  an  existing
10    hospital  involving major construction, as defined by rule by
11    the Department, with an estimated cost greater than $100,000,
12    architectural plans  and  specifications  therefor  shall  be
13    submitted  by  the  licensee to the Department for review and
14    approval. A hospital may submit  architectural  drawings  and
15    specifications for other construction projects for Department
16    review  according to subsection (b) that shall not be subject
17    to  fees  under  subsection  (d).  Review  of  drawings   and
18    specifications  shall  be  conducted  by  an  employee of the
19    Department meeting  the  qualifications  established  by  the
20    Department    of    Central    Management    Services   class
21    specifications for such an  individual's  position  or  by  a
22    person  contracting with the Department who meets those class
23    specifications.   Final   approval   of   the    plans    and
24    specifications  for  compliance  with design and construction
25    standards shall be obtained from the  Department  before  the
26    alteration, addition, or new construction is begun.
27        (b)  The  Department shall inform an applicant in writing
28    within  10  working  days  after   receiving   drawings   and
29    specifications  and  the  required  fee,  if  any,  from  the
30    applicant  whether  the applicant's submission is complete or
31    incomplete.  Failure  to  provide  the  applicant  with  this
 
HB6041 Engrossed            -2-                LRB9212704ACpk
 1    notice  within 10 working days shall result in the submission
 2    being deemed complete for purposes of initiating  the  60-day
 3    review  period  under  this  Section.   If  the submission is
 4    incomplete, the Department shall inform the applicant of  the
 5    deficiencies   with   the  submission  in  writing.   If  the
 6    submission is complete and the required fee, if any, has been
 7    paid, the Department shall approve or disapprove drawings and
 8    specifications submitted to the Department no later  than  60
 9    days  following  receipt by the Department.  The drawings and
10    specifications shall be of sufficient detail, as provided  by
11    Department  rule,  to  enable  the  Department  to  render  a
12    determination  of  compliance  with  design  and construction
13    standards under this Act.  If the Department finds  that  the
14    drawings  are  not  of  sufficient  detail for it to render a
15    determination of compliance, the plans shall be determined to
16    be incomplete and shall not be  considered  for  purposes  of
17    initiating  the  60  day  review  period.  If a submission of
18    drawings and specifications is incomplete, the applicant  may
19    submit  additional  information.   The  60-day  review period
20    shall not commence until the  Department  determines  that  a
21    submission  of drawings and specifications is complete or the
22    submission is deemed complete.  If  the  Department  has  not
23    approved  or  disapproved  the  drawings  and  specifications
24    within  60  days,  the  construction,  major  alteration,  or
25    addition  shall  be  deemed  approved.   If  the drawings and
26    specifications are disapproved, the Department shall state in
27    writing, with specificity, the reasons for  the  disapproval.
28    The  entity  submitting  the  drawings and specifications may
29    submit additional information  in  response  to  the  written
30    comments  from the Department or request a reconsideration of
31    the 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.
 
HB6041 Engrossed            -3-                LRB9212704ACpk
 1        (c)  The Department shall provide  written  approval  for
 2    occupancy  pursuant  to  subsection (g) and shall not issue a
 3    violation to a  facility  as  a  result  of  a  licensure  or
 4    complaint survey based upon the facility's physical structure
 5    if:
 6             (1)  the  Department reviewed and approved or deemed
 7        approved the drawing and  specifications  for  compliance
 8        with design and construction standards;
 9             (2)  the construction, major alteration, or addition
10        was built as submitted;
11             (3)  the  law  or  rules have not been amended since
12        the original approval; and
13             (4)  the conditions at the  facility  indicate  that
14        there  is  a reasonable degree of safety provided for the
15        patients.
16        (d)  The Department shall charge the  following  fees  in
17    connection  with  its  reviews conducted before June 30, 2004
18    under this Section:
19             (1)  (Blank).
20             (2)  (Blank).
21             (3)  If  the   estimated   dollar   value   of   the
22        alteration,  addition, or new construction is $100,000 or
23        more but less than $500,000, the fee shall be the greater
24        of $2,400 or 1.2% of that value.
25             (4)  If  the   estimated   dollar   value   of   the
26        alteration,  addition, or new construction is $500,000 or
27        more but less than  $1,000,000,  the  fee  shall  be  the
28        greater of $6,000 or 0.96% of that value.
29             (5)  If   the   estimated   dollar   value   of  the
30        alteration, addition, or new construction  is  $1,000,000
31        or  more  but  less than $5,000,000, the fee shall be the
32        greater of $9,600 or 0.22% of that value.
33             (6)  If  the   estimated   dollar   value   of   the
34        alteration,  addition,  or new construction is $5,000,000
 
HB6041 Engrossed            -4-                LRB9212704ACpk
 1        or more, the fee shall be the greater of $11,000 or 0.11%
 2        of that value, but shall not exceed $40,000.
 3        The fees provided in this subsection (d) shall not  apply
 4    to  major  construction  projects  involving facility changes
 5    that  are  required  by  Department  rule  amendments  or  to
 6    projects related to homeland security.
 7        The fees provided in this subsection (d) shall  also  not
 8    apply  to  major  construction projects if 51% or more of the
 9    estimated cost  of  the  project  is  attributed  to  capital
10    equipment.  For major construction projects where 51% or more
11    of the estimated cost of the project is attributed to capital
12    equipment,  the Department shall by rule establish a fee that
13    is reasonably related to the cost of reviewing the project.
14        Disproportionate  share  hospitals  and  rural  hospitals
15    shall  only  pay  one-half  of  the  fees  required  in  this
16    subsection (d). For the purposes of this subsection (d),  (i)
17    "disproportionate  share hospital" means a hospital described
18    in items (1) through (5) of subsection (b) of Section  5-5.02
19    of  the  Illinois  Public  Aid Code and (ii) "rural hospital"
20    means a hospital that is (A) located outside  a  metropolitan
21    statistical  area  or  (B)  located  15  miles or less from a
22    county that is outside a metropolitan statistical area and is
23    licensed to perform medical/surgical or obstetrical  services
24    and  has a combined total bed capacity of 75 or fewer beds in
25    these 2 service categories as of July 14, 1993, as determined
26    by the Department.
27        The Department  shall  not  commence  the  facility  plan
28    review  process  under  this Section until the applicable fee
29    has been paid.
30        (e)  All fees  received  by  the  Department  under  this
31    Section  shall  be  deposited  into  the Health Facility Plan
32    Review Fund, a special fund created in  the  State  treasury.
33    All fees paid by hospitals under subsection (d) shall be used
34    only  to  cover the costs relating to the Department's review
 
HB6041 Engrossed            -5-                LRB9212704ACpk
 1    of hospital projects under  this  Section.  Moneys  shall  be
 2    appropriated from that Fund to the Department only to pay the
 3    costs  of  conducting reviews under this Section. None of the
 4    moneys in the Health Facility Plan Review Fund shall be  used
 5    to   reduce   the  amount  of  General  Revenue  Fund  moneys
 6    appropriated to the  Department  for  facility  plan  reviews
 7    conducted pursuant to this Section.
 8        (f) (1)  The  provisions  of  this amendatory Act of 1997
 9        concerning drawings and specifications shall  apply  only
10        to   drawings   and   specifications   submitted  to  the
11        Department on or after October 1, 1997.
12             (2)  On  and  after  the  effective  date  of   this
13        amendatory  Act  of  1997  and before October 1, 1997, an
14        applicant   may   submit   or   resubmit   drawings   and
15        specifications  to  the  Department  and  pay  the   fees
16        provided  in  subsection  (d).   If an applicant pays the
17        fees provided in subsection (d) under this paragraph (2),
18        the provisions of subsection (b) shall apply with  regard
19        to those drawings and specifications.
20        (g)  The  Department  shall conduct an on-site inspection
21    of  the  completed  project  no  later  than  30  days  after
22    notification from the applicant that  the  project  has  been
23    completed  and  all certifications required by the Department
24    have been received  and  accepted  by  the  Department.   The
25    Department  shall  provide  written approval for occupancy to
26    the applicant within 5 working days of the Department's final
27    inspection,   provided   the   applicant   has   demonstrated
28    substantial  compliance  as  defined  by   Department   rule.
29    Occupancy  of  new  major  construction  is  prohibited until
30    Department approval is received, unless  the  Department  has
31    not  acted within the time frames provided in this subsection
32    (g), in which case the construction shall be deemed approved.
33    Occupancy shall  be  authorized  after  any  required  health
34    inspection by the Department has been conducted.
 
HB6041 Engrossed            -6-                LRB9212704ACpk
 1        (h)  The Department shall establish, by rule, a procedure
 2    to  conduct  interim  on-site  review  of  large  or  complex
 3    construction projects.
 4        (i)  The   Department   shall   establish,  by  rule,  an
 5    expedited process for emergency  repairs  or  replacement  of
 6    like equipment.
 7        (j)  Nothing  in this Section shall be construed to apply
 8    to maintenance, upkeep, or renovation that  does  not  affect
 9    the  structural  integrity of the building, does not add beds
10    or services  over  the  number  for  which  the  facility  is
11    licensed,  and provides a reasonable degree of safety for the
12    patients.
13    (Source: P.A. 90-327,  eff.  8-8-97;  90-600,  eff.  6-25-98;
14    91-712, eff. 7-1-00.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.

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