Public Act 097-0980
Public Act 0980 97TH GENERAL ASSEMBLY
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Public Act 097-0980
| | HB4563 Enrolled | LRB097 17230 PJG 62430 b |
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| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Health Facilities Planning Act is | amended by changing Sections 3, 13, and 14.1 as follows:
| (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| (Section scheduled to be repealed on December 31, 2019) | Sec. 3. Definitions. As used in this Act:
| "Health care facilities" means and includes
the following | facilities and organizations:
| 1. An ambulatory surgical treatment center required to | be licensed
pursuant to the Ambulatory Surgical Treatment | Center Act;
| 2. An institution, place, building, or agency required | to be licensed
pursuant to the Hospital Licensing Act;
| 3. Skilled and intermediate long term care facilities | licensed under the
Nursing
Home Care Act;
| 3.5. Skilled and intermediate care facilities licensed | under the ID/DD Community Care Act; | 3.7. Facilities licensed under the Specialized Mental | Health Rehabilitation Act;
| 4. Hospitals, nursing homes, ambulatory surgical | treatment centers, or
kidney disease treatment centers
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| maintained by the State or any department or agency | thereof;
| 5. Kidney disease treatment centers, including a | free-standing
hemodialysis unit required to be licensed | under the End Stage Renal Disease Facility Act;
| 6. An institution, place, building, or room used for | the performance of
outpatient surgical procedures that is | leased, owned, or operated by or on
behalf of an | out-of-state facility;
| 7. An institution, place, building, or room used for | provision of a health care category of service as defined | by the Board, including, but not limited to, cardiac | catheterization and open heart surgery; and | 8. An institution, place, building, or room used for | provision of major medical equipment used in the direct | clinical diagnosis or treatment of patients, and whose | project cost is in excess of the capital expenditure | minimum. | This Act shall not apply to the construction of any new | facility or the renovation of any existing facility located on | any campus facility as defined in Section 5-5.8b of the | Illinois Public Aid Code, provided that the campus facility | encompasses 30 or more contiguous acres and that the new or | renovated facility is intended for use by a licensed | residential facility. | No federally owned facility shall be subject to the |
| provisions of this
Act, nor facilities used solely for healing | by prayer or spiritual means.
| No facility licensed under the Supportive Residences | Licensing Act or the
Assisted Living and Shared Housing Act
| shall be subject to the provisions of this Act.
| No facility established and operating under the | Alternative Health Care Delivery Act as a children's respite | care center alternative health care model demonstration | program or as an Alzheimer's Disease Management Center | alternative health care model demonstration program shall be | subject to the provisions of this Act. | A facility designated as a supportive living facility that | is in good
standing with the program
established under Section | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | the provisions of this
Act.
| This Act does not apply to facilities granted waivers under | Section 3-102.2
of the Nursing Home Care Act. However, if a | demonstration project under that
Act applies for a certificate
| of need to convert to a nursing facility, it shall meet the | licensure and
certificate of need requirements in effect as of | the date of application. | This Act does not apply to a dialysis facility that | provides only dialysis training, support, and related services | to individuals with end stage renal disease who have elected to | receive home dialysis. This Act does not apply to a dialysis | unit located in a licensed nursing home that offers or provides |
| dialysis-related services to residents with end stage renal | disease who have elected to receive home dialysis within the | nursing home. The Board, however, may require these dialysis | facilities and licensed nursing homes to report statistical | information on a quarterly basis to the Board to be used by the | Board to conduct analyses on the need for proposed kidney | disease treatment centers.
| This Act shall not apply to the closure of an entity or a | portion of an
entity licensed under the Nursing Home Care Act, | the Specialized Mental Health Rehabilitation Act, or the ID/DD | MR/DD Community Care Act, with the exceptions of facilities | operated by a county or Illinois Veterans Homes, that elects to | convert, in
whole or in part, to an assisted living or shared | housing establishment
licensed under the Assisted Living and | Shared Housing Act.
| This Act does not apply to any change of ownership of a | healthcare facility that is licensed under the Nursing Home | Care Act, the Specialized Mental Health Rehabilitation Act, or | the ID/DD Community Care Act, with the exceptions of facilities | operated by a county or Illinois Veterans Homes. Changes of | ownership of facilities licensed under the Nursing Home Care | Act must meet the requirements set forth in Sections 3-101 | through 3-119 of the Nursing Home Care Act.
| With the exception of those health care facilities | specifically
included in this Section, nothing in this Act | shall be intended to
include facilities operated as a part of |
| the practice of a physician or
other licensed health care | professional, whether practicing in his
individual capacity or | within the legal structure of any partnership,
medical or | professional corporation, or unincorporated medical or
| professional group. Further, this Act shall not apply to | physicians or
other licensed health care professional's | practices where such practices
are carried out in a portion of | a health care facility under contract
with such health care | facility by a physician or by other licensed
health care | professionals, whether practicing in his individual capacity
| or within the legal structure of any partnership, medical or
| professional corporation, or unincorporated medical or | professional
groups. This Act shall apply to construction or
| modification and to establishment by such health care facility | of such
contracted portion which is subject to facility | licensing requirements,
irrespective of the party responsible | for such action or attendant
financial obligation. | No permit or exemption is required for a facility licensed | under the ID/DD Community Care Act prior to the reduction of | the number of beds at a facility. If there is a total reduction | of beds at a facility licensed under the ID/DD Community Care | Act, this is a discontinuation or closure of the facility. | However, if a facility licensed under the ID/DD Community Care | Act reduces the number of beds or discontinues the facility, | that facility must notify the Board as provided in Section 14.1 | of this Act.
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| "Person" means any one or more natural persons, legal | entities,
governmental bodies other than federal, or any | combination thereof.
| "Consumer" means any person other than a person (a) whose | major
occupation currently involves or whose official capacity | within the last
12 months has involved the providing, | administering or financing of any
type of health care facility, | (b) who is engaged in health research or
the teaching of | health, (c) who has a material financial interest in any
| activity which involves the providing, administering or | financing of any
type of health care facility, or (d) who is or | ever has been a member of
the immediate family of the person | defined by (a), (b), or (c).
| "State Board" or "Board" means the Health Facilities and | Services Review Board.
| "Construction or modification" means the establishment, | erection,
building, alteration, reconstruction, modernization, | improvement,
extension, discontinuation, change of ownership, | of or by a health care
facility, or the purchase or acquisition | by or through a health care facility
of
equipment or service | for diagnostic or therapeutic purposes or for
facility | administration or operation, or any capital expenditure made by
| or on behalf of a health care facility which
exceeds the | capital expenditure minimum; however, any capital expenditure
| made by or on behalf of a health care facility for (i) the | construction or
modification of a facility licensed under the |
| Assisted Living and Shared
Housing Act or (ii) a conversion | project undertaken in accordance with Section 30 of the Older | Adult Services Act shall be excluded from any obligations under | this Act.
| "Establish" means the construction of a health care | facility or the
replacement of an existing facility on another | site or the initiation of a category of service as defined by | the Board.
| "Major medical equipment" means medical equipment which is | used for the
provision of medical and other health services and | which costs in excess
of the capital expenditure minimum, | except that such term does not include
medical equipment | acquired
by or on behalf of a clinical laboratory to provide | clinical laboratory
services if the clinical laboratory is | independent of a physician's office
and a hospital and it has | been determined under Title XVIII of the Social
Security Act to | meet the requirements of paragraphs (10) and (11) of Section
| 1861(s) of such Act. In determining whether medical equipment | has a value
in excess of the capital expenditure minimum, the | value of studies, surveys,
designs, plans, working drawings, | specifications, and other activities
essential to the | acquisition of such equipment shall be included.
| "Capital Expenditure" means an expenditure: (A) made by or | on behalf of
a health care facility (as such a facility is | defined in this Act); and
(B) which under generally accepted | accounting principles is not properly
chargeable as an expense |
| of operation and maintenance, or is made to obtain
by lease or | comparable arrangement any facility or part thereof or any
| equipment for a facility or part; and which exceeds the capital | expenditure
minimum.
| For the purpose of this paragraph, the cost of any studies, | surveys, designs,
plans, working drawings, specifications, and | other activities essential
to the acquisition, improvement, | expansion, or replacement of any plant
or equipment with | respect to which an expenditure is made shall be included
in | determining if such expenditure exceeds the capital | expenditures minimum.
Unless otherwise interdependent, or | submitted as one project by the applicant, components of | construction or modification undertaken by means of a single | construction contract or financed through the issuance of a | single debt instrument shall not be grouped together as one | project. Donations of equipment
or facilities to a health care | facility which if acquired directly by such
facility would be | subject to review under this Act shall be considered capital
| expenditures, and a transfer of equipment or facilities for | less than fair
market value shall be considered a capital | expenditure for purposes of this
Act if a transfer of the | equipment or facilities at fair market value would
be subject | to review.
| "Capital expenditure minimum" means $11,500,000 for | projects by hospital applicants, $6,500,000 for applicants for | projects related to skilled and intermediate care long-term |
| care facilities licensed under the Nursing Home Care Act, and | $3,000,000 for projects by all other applicants, which shall be | annually
adjusted to reflect the increase in construction costs | due to inflation, for major medical equipment and for all other
| capital expenditures.
| "Non-clinical service area" means an area (i) for the | benefit of the
patients, visitors, staff, or employees of a | health care facility and (ii) not
directly related to the | diagnosis, treatment, or rehabilitation of persons
receiving | services from the health care facility. "Non-clinical service | areas"
include, but are not limited to, chapels; gift shops; | news stands; computer
systems; tunnels, walkways, and | elevators; telephone systems; projects to
comply with life | safety codes; educational facilities; student housing;
| patient, employee, staff, and visitor dining areas; | administration and
volunteer offices; modernization of | structural components (such as roof
replacement and masonry | work); boiler repair or replacement; vehicle
maintenance and | storage facilities; parking facilities; mechanical systems for
| heating, ventilation, and air conditioning; loading docks; and | repair or
replacement of carpeting, tile, wall coverings, | window coverings or treatments,
or furniture. Solely for the | purpose of this definition, "non-clinical service
area" does | not include health and fitness centers.
| "Areawide" means a major area of the State delineated on a
| geographic, demographic, and functional basis for health |
| planning and
for health service and having within it one or | more local areas for
health planning and health service. The | term "region", as contrasted
with the term "subregion", and the | word "area" may be used synonymously
with the term "areawide".
| "Local" means a subarea of a delineated major area that on | a
geographic, demographic, and functional basis may be | considered to be
part of such major area. The term "subregion" | may be used synonymously
with the term "local".
| "Physician" means a person licensed to practice in | accordance with
the Medical Practice Act of 1987, as amended.
| "Licensed health care professional" means a person | licensed to
practice a health profession under pertinent | licensing statutes of the
State of Illinois.
| "Director" means the Director of the Illinois Department of | Public Health.
| "Agency" means the Illinois Department of Public Health.
| "Alternative health care model" means a facility or program | authorized
under the Alternative Health Care Delivery Act.
| "Out-of-state facility" means a person that is both (i) | licensed as a
hospital or as an ambulatory surgery center under | the laws of another state
or that
qualifies as a hospital or an | ambulatory surgery center under regulations
adopted pursuant | to the Social Security Act and (ii) not licensed under the
| Ambulatory Surgical Treatment Center Act, the Hospital | Licensing Act, or the
Nursing Home Care Act. Affiliates of | out-of-state facilities shall be
considered out-of-state |
| facilities. Affiliates of Illinois licensed health
care | facilities 100% owned by an Illinois licensed health care | facility, its
parent, or Illinois physicians licensed to | practice medicine in all its
branches shall not be considered | out-of-state facilities. Nothing in
this definition shall be
| construed to include an office or any part of an office of a | physician licensed
to practice medicine in all its branches in | Illinois that is not required to be
licensed under the | Ambulatory Surgical Treatment Center Act.
| "Change of ownership of a health care facility" means a | change in the
person
who has ownership or
control of a health | care facility's physical plant and capital assets. A change
in | ownership is indicated by
the following transactions: sale, | transfer, acquisition, lease, change of
sponsorship, or other | means of
transferring control.
| "Related person" means any person that: (i) is at least 50% | owned, directly
or indirectly, by
either the health care | facility or a person owning, directly or indirectly, at
least | 50% of the health
care facility; or (ii) owns, directly or | indirectly, at least 50% of the
health care facility.
| "Charity care" means care provided by a health care | facility for which the provider does not expect to receive | payment from the patient or a third-party payer. | "Freestanding emergency center" means a facility subject | to licensure under Section 32.5 of the Emergency Medical | Services (EMS) Systems Act. |
| (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; | revised 9-7-11.)
| (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 13. Investigation of applications for permits and | certificates of
recognition. The Agency or the State Board | shall make or cause to be made
such investigations as it or the | State Board deems necessary in connection
with an application | for a permit or an application for a certificate of
| recognition, or in connection with a determination of whether | or not
construction
or modification which has been commenced is | in accord with the permit issued
by the State Board or whether | construction or modification has been commenced
without a | permit having been obtained. The State Board may issue | subpoenas
duces tecum requiring the production of records and | may administer oaths
to such witnesses.
| Any circuit court of this State, upon the application of | the State Board
or upon the application of any party to such | proceedings, may, in its
discretion,
compel the attendance of | witnesses, the production of books, papers, records,
or | memoranda and the giving of testimony before the State Board, | by a
proceeding
as for contempt, or otherwise, in the same | manner as production of evidence
may be compelled before the | court.
|
| The State Board shall require all health facilities | operating
in this State
to provide such reasonable reports at | such times and containing such
information
as is needed by it | to carry out the purposes and provisions of this Act.
Prior to | collecting information from health facilities, the State Board
| shall make reasonable efforts
through a public process to | consult with health facilities and associations
that represent | them to determine
whether data and information requests will | result in useful information for
health planning, whether
| sufficient information is available from other sources, and | whether data
requested is routinely collected
by health | facilities and is available without retrospective record | review. Data
and information requests
shall not impose undue | paperwork burdens on health care facilities and
personnel.
| Health facilities not complying with this requirement shall be | reported
to licensing, accrediting, certifying, or payment | agencies as being in
violation
of State law. Health care | facilities and other parties at interest shall
have reasonable | access, under rules established by the State Board, to all
| planning information submitted in accord with this Act | pertaining to their
area.
| Among the reports to be required by the State Board are | facility questionnaires for health care facilities licensed | under the Ambulatory Surgical Treatment Center Act, the | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | Community Care Act, the Specialized Mental Health |
| Rehabilitation Act, or the End Stage Renal Disease Facility | Act. These questionnaires shall be conducted on an annual basis | and compiled by the Agency. For health care facilities licensed | under the Nursing Home Care Act or , the Specialized Mental | Health Rehabilitation Act, or the ID/DD Community Care Act, | these reports shall include, but not be limited to, the | identification of specialty services provided by the facility | to patients, residents, and the community at large. Annual | reports for facilities licensed under the ID/DD Community Care | Act shall be different from the annual reports required of | other health care facilities and shall be specific to those | facilities licensed under the ID/DD Community Care Act. The | Health Facilities and Services Review Board shall consult with | associations representing facilities licensed under the ID/DD | Community Care Act when developing the information requested in | these annual reports. For health care facilities that contain | long term care beds, the reports shall also include the number | of staffed long term care beds, physical capacity for long term | care beds at the facility, and long term care beds available | for immediate occupancy. For purposes of this paragraph, "long | term care beds" means beds
(i) licensed under the Nursing Home | Care Act, (ii) licensed under the ID/DD Community Care Act, | (iii) licensed under the Hospital Licensing Act, or (iv) | licensed under the Specialized Mental Health Rehabilitation | Act and certified as skilled nursing or nursing facility beds | under Medicaid or Medicare.
|
| (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | eff. 1-1-12; revised 9-7-11.)
| (20 ILCS 3960/14.1)
| Sec. 14.1. Denial of permit; other sanctions. | (a) The State Board may deny an application for a permit or | may revoke or
take other action as permitted by this Act with | regard to a permit as the State
Board deems appropriate, | including the imposition of fines as set forth in this
Section, | for any one or a combination of the following: | (1) The acquisition of major medical equipment without | a permit or in
violation of the terms of a permit. | (2) The establishment, construction, or modification | of a health care
facility without a permit or in violation | of the terms of a permit. | (3) The violation of any provision of this Act or any | rule adopted
under this Act. | (4) The failure, by any person subject to this Act, to | provide information
requested by the State Board or Agency | within 30 days after a formal written
request for the | information. | (5) The failure to pay any fine imposed under this | Section within 30 days
of its imposition. | (a-5) For facilities licensed under the ID/DD Community | Care Act, no permit shall be denied on the basis of prior | operator history, other than for actions specified under item |
| (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | Act. For facilities licensed under the Specialized Mental | Health Rehabilitation Act, no permit shall be denied on the | basis of prior operator history, other than for actions | specified under item (2), (4), or (5) of Section 3-117 of the | Specialized Mental Health Rehabilitation Act. For facilities | licensed under the Nursing Home Care Act, no permit shall be | denied on the basis of prior operator history, other than for: | (i) actions specified under item (2), (3), (4), (5), or (6) of | Section 3-117 of the Nursing Home Care Act; (ii) actions | specified under item (a)(6) of Section 3-119 of the Nursing | Home Care Act; or (iii) actions within the preceding 5 years | constituting a substantial and repeated failure to comply with | the Nursing Home Care Act or the rules and regulations adopted | by the Department under that Act. The State Board shall not | deny a permit on account of any action described in this | subsection (a-5) without also considering all such actions in | the light of all relevant information available to the State | Board, including whether the permit is sought to substantially | comply with a mandatory or voluntary plan of correction | associated with any action described in this subsection (a-5).
| (b) Persons shall be subject to fines as follows: | (1) A permit holder who fails to comply with the | requirements of
maintaining a valid permit shall be fined | an amount not to exceed 1% of the
approved permit amount | plus an additional 1% of the approved permit amount for
|
| each 30-day period, or fraction thereof, that the violation | continues. | (2) A permit holder who alters the scope of an approved | project or whose
project costs exceed the allowable permit | amount without first obtaining
approval from the State | Board shall be fined an amount not to exceed the sum of
(i) | the lesser of $25,000 or 2% of the approved permit amount | and (ii) in those
cases where the approved permit amount is | exceeded by more than $1,000,000, an
additional $20,000 for | each $1,000,000, or fraction thereof, in excess of the
| approved permit amount. | (3) A person who acquires major medical equipment or | who establishes a
category of service without first | obtaining a permit or exemption, as the case
may be, shall | be fined an amount not to exceed $10,000 for each such
| acquisition or category of service established plus an | additional $10,000 for
each 30-day period, or fraction | thereof, that the violation continues. | (4) A person who constructs, modifies, or establishes a | health care
facility without first obtaining a permit shall | be fined an amount not to
exceed $25,000 plus an additional | $25,000 for each 30-day period, or fraction
thereof, that | the violation continues. | (5) A person who discontinues a health care facility or | a category of
service without first obtaining a permit | shall be fined an amount not to exceed
$10,000 plus an |
| additional $10,000 for each 30-day period, or fraction | thereof,
that the violation continues. For purposes of this | subparagraph (5), facilities licensed under the Nursing | Home Care Act or the ID/DD Community Care Act, with the | exceptions of facilities operated by a county or Illinois | Veterans Homes, are exempt from this permit requirement. | However, facilities licensed under the Nursing Home Care | Act or the ID/DD Community Care Act must comply with | Section 3-423 of the Nursing Home Care Act or Section 3-423 | of the ID/DD Community Care Act and must provide the Board | and the Department of Human Services with 30 days' 30-days' | written notice of its intent to close.
Facilities licensed | under the ID/DD Community Care Act also must provide the | Board and the Department of Human Services with 30 days' | written notice of its intent to reduce the number of beds | for a facility. | (6) A person subject to this Act who fails to provide | information
requested by the State Board or Agency within | 30 days of a formal written
request shall be fined an | amount not to exceed $1,000 plus an additional $1,000
for | each 30-day period, or fraction thereof, that the | information is not
received by the State Board or Agency. | (c) Before imposing any fine authorized under this Section, | the State Board
shall afford the person or permit holder, as | the case may be, an appearance
before the State Board and an | opportunity for a hearing before a hearing
officer appointed by |
| the State Board. The hearing shall be conducted in
accordance | with Section 10. | (d) All fines collected under this Act shall be transmitted | to the State
Treasurer, who shall deposit them into the | Illinois Health Facilities Planning
Fund. | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/17/2012
|
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