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Public Act 094-0983
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| SB2436 Enrolled |
LRB094 17968 RCE 53271 b |
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AN ACT concerning health facilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Health Facilities Planning Act is |
amended by changing Sections 12, 13, and 19.6 as follows:
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(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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(Section scheduled to be repealed on July 1, 2006)
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Sec. 12. Powers and duties of State Board. For purposes of |
this Act,
the State Board
shall
exercise the following powers |
and duties:
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(1) Prescribe rules,
regulations, standards, criteria, |
procedures or reviews which may vary
according to the purpose |
for which a particular review is being conducted
or the type of |
project reviewed and which are required to carry out the
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provisions and purposes of this Act.
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(2) Adopt procedures for public
notice and hearing on all |
proposed rules, regulations, standards,
criteria, and plans |
required to carry out the provisions of this Act.
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(3) Prescribe criteria for
recognition for areawide health |
planning organizations, including, but
not limited to, |
standards for evaluating the scientific bases for
judgments on |
need and procedure for making these determinations.
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(4) Develop criteria and standards for health care |
facilities planning,
conduct statewide inventories of health |
care facilities, maintain an updated
inventory on the |
Department's web site reflecting the
most recent bed and |
service
changes and updated need determinations when new census |
data become available
or new need formulae
are adopted,
and
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develop health care facility plans which shall be utilized in |
the review of
applications for permit under
this Act. Such |
health facility plans shall be coordinated by the Agency
with |
the health care facility plans areawide health planning
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organizations and with other pertinent State Plans. |
Inventories pursuant to this Section of skilled or intermediate |
care facilities licensed under the Nursing Home Care Act or |
nursing homes licensed under the Hospital Licensing Act shall |
be conducted on an annual basis no later than July 1 of each |
year and shall include among the information requested a list |
of all services provided by a facility to its residents and to |
the community at large and differentiate between active and |
inactive beds.
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In developing health care facility plans, the State Board |
shall consider,
but shall not be limited to, the following:
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(a) The size, composition and growth of the population |
of the area
to be served;
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(b) The number of existing and planned facilities |
offering similar
programs;
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(c) The extent of utilization of existing facilities;
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(d) The availability of facilities which may serve as |
alternatives
or substitutes;
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(e) The availability of personnel necessary to the |
operation of the
facility;
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(f) Multi-institutional planning and the establishment |
of
multi-institutional systems where feasible;
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(g) The financial and economic feasibility of proposed |
construction
or modification; and
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(h) In the case of health care facilities established |
by a religious
body or denomination, the needs of the |
members of such religious body or
denomination may be |
considered to be public need.
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The health care facility plans which are developed and |
adopted in
accordance with this Section shall form the basis |
for the plan of the State
to deal most effectively with |
statewide health needs in regard to health
care facilities.
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(5) Coordinate with other state agencies having |
responsibilities
affecting health care facilities, including |
those of licensure and cost
reporting.
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(6) Solicit, accept, hold and administer on behalf of the |
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State
any grants or bequests of money, securities or property |
for
use by the State Board or recognized areawide health |
planning
organizations in the administration of this Act; and |
enter into contracts
consistent with the appropriations for |
purposes enumerated in this Act.
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(7) The State Board shall prescribe, in
consultation with |
the recognized
areawide health planning organizations, |
procedures for review, standards,
and criteria which shall be |
utilized
to make periodic areawide reviews and determinations |
of the appropriateness
of any existing health services being |
rendered by health care facilities
subject to the Act. The |
State Board shall consider recommendations of the
areawide |
health planning organization and the Agency in making its
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determinations.
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(8) Prescribe, in consultation
with the recognized |
areawide health planning organizations, rules, regulations,
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standards, and criteria for the conduct of an expeditious |
review of
applications
for permits for projects of construction |
or modification of a health care
facility, which projects are |
non-substantive in nature. Such rules shall
not abridge the |
right of areawide health planning organizations to make
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recommendations on the classification and approval of |
projects, nor shall
such rules prevent the conduct of a public |
hearing upon the timely request
of an interested party. Such |
reviews shall not exceed 60 days from the
date the application |
is declared to be complete by the Agency.
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(9) Prescribe rules, regulations,
standards, and criteria |
pertaining to the granting of permits for
construction
and |
modifications which are emergent in nature and must be |
undertaken
immediately to prevent or correct structural |
deficiencies or hazardous
conditions that may harm or injure |
persons using the facility, as defined
in the rules and |
regulations of the State Board. This procedure is exempt
from |
public hearing requirements of this Act.
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(10) Prescribe rules,
regulations, standards and criteria |
for the conduct of an expeditious
review, not exceeding 60 |
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days, of applications for permits for projects to
construct or |
modify health care facilities which are needed for the care
and |
treatment of persons who have acquired immunodeficiency |
syndrome (AIDS)
or related conditions.
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(Source: P.A. 93-41, eff. 6-27-03.)
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(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
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(Section scheduled to be repealed on July 1, 2006)
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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
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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.
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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.
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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
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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 |
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result in useful information for
health planning, whether
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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.
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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
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planning information submitted in accord with this Act |
pertaining to their
area.
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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, 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, 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. 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
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(i) licensed under the Nursing Home Care Act or (ii) licensed |
under the Hospital Licensing Act and certified as skilled |
nursing or nursing facility beds under Medicaid or Medicare.
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(Source: P.A. 93-41, eff. 6-27-03.)
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(20 ILCS 3960/19.6)
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(Section scheduled to be repealed on July 1, 2006)
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Sec. 19.6. Repeal. This Act is repealed on April 1, 2007
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