Public Act 90-0327 of the 90th General Assembly
Public Act 90-0327
HB0202 Enrolled LRB9001424LDdv
AN ACT concerning health care facilities, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Civil Administrative Code of Illinois is
amended by adding Sections 55.84 and 55.85 as follows:
(20 ILCS 2310/55.84 new)
Sec. 55.84. Advisory committee concerning construction of
facilities. The Director of Public Health shall appoint an
advisory committee which committee shall be established by
the Department by rule. The Director and the Department
shall consult with the advisory committee concerning the
application of building codes and Department rules related to
those building codes to facilities under the Ambulatory
Surgical Treatment Center Act, the Nursing Home Care Act, and
the Hospital Licensing Act.
(20 ILCS 2310/55.85 new)
Sec. 55.85. Facility construction training program. The
Department shall conduct, at least annually, a joint
in-service training program for architects, engineers,
interior designers, and other persons involved in the
construction of a facility under the Ambulatory Surgical
Treatment Center Act, the Nursing Home Care Act, or the
Hospital Licensing Act on problems and issues relating to the
construction of facilities under any of those Acts.
Section 5. The State Finance Act is amended by adding
Section 5.449 as follows:
(30 ILCS 105/5.449 new)
Sec. 5.449. The Health Facility Plan Review Fund.
Section 10. The Ambulatory Surgical Treatment Center Act
is amended by changing Section 8 as follows:
(210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
Sec. 8. Facility plan review; fees.
(a) Before commencing construction of new facilities or
specified types of alteration or additions to an existing
ambulatory surgical treatment center involving major
construction, as defined by rule by the Department, or with
an estimated cost greater than $5,000, architectural drawings
and specifications therefor shall be submitted to the
Department for review and approval. Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class
specifications for such an individual's position or by a
person contracting with the Department who meets those class
specifications. Final approval of the drawings and
specifications for compliance with design and construction
standards shall be obtained from the Department before the
alteration, addition, or new construction is begun.
(b) The Department shall approve or disapprove drawings
and specifications submitted to the Department no later than
60 days following receipt by the Department. The drawings
and specifications shall be of sufficient detail, as provided
by Department rule, to enable the Department to render a
determination of compliance with design and construction
standards. If the Department finds that the drawings are not
of sufficient detail for it to render a determination of
compliance, the plans shall be determined to be incomplete
and shall not be considered for purposes of initiating the 60
day review period. If the Department has not approved or
disapproved the drawings and specifications within 60 days,
the construction, major alteration, or addition shall be
deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments
from the Department or request a reconsideration of the
disapproval. A final decision of approval or disapproval
shall be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.
(c) The Department shall not issue a violation to a
facility as a result of a licensure or complaint survey based
upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since
the original approval; and
(4) the violation does not create a direct threat
to the health, safety, or welfare of a resident.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2000
under this Section:
(1) If the estimated dollar value of the
alteration, addition, or new construction is $5,000 or
more but less than $25,000, the fee shall be the greater
of $300 or 6% of that value.
(2) If the estimated dollar value of the
alteration, addition, or new construction is $25,000 or
more but less than $100,000, the fee shall be the greater
of $1,500 or 2.4% of that value.
(3) If the estimated dollar value of the
alteration, addition, or new construction is $100,000 or
more but less than $500,000, the fee shall be the greater
of $2,400 or 1.2% of that value.
(4) If the estimated dollar value of the
alteration, addition, or new construction is $500,000 or
more but less than $1,000,000, the fee shall be the
greater of $6,000 or 0.96% of that value.
(5) If the estimated dollar value of the
alteration, addition, or new construction is $1,000,000
or more but less than $5,000,000, the fee shall be the
greater of $9,600 or 0.22% of that value.
(6) If the estimated dollar value of the
alteration, addition, or new construction is $5,000,000
or more, the fee shall be the greater of $11,000 or 0.11%
of that value, but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes
that are required by Department rule amendments.
The Department shall not commence the facility plan
review process under this Section until the applicable fee
has been paid.
(e) All fees received by the Department under this
Section shall be deposited into the Health Facility Plan
Review Fund, a special fund created in the State Treasury.
Moneys shall be appropriated from that Fund to the Department
only to pay the costs of conducting reviews under this
Section. None of the moneys in the Health Facility Plan
Review Fund shall be used to reduce the amount of General
Revenue Fund moneys appropriated to the Department for
facility plan reviews conducted pursuant to this Section.
(f) (1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only
to drawings and specifications submitted to the
Department on or after October 1, 1997.
(2) On and after the effective date of this
amendatory Act of 1997 and before October 1, 1997, an
applicant may submit or resubmit drawings and
specifications to the Department and pay the fees
provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2),
the provisions of subsection (b) shall apply with regard
to those drawings and specifications.
(g) The Department shall conduct an on-site inspection
of the completed project no later than 30 days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department. The
Department shall provide written approval for occupancy to
the applicant within 5 working days of the Department's final
inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until
Department approval is received. If the plans and drawings
are approved pursuant to subsection (b), occupancy shall be
allowed after any required health inspection by the
Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(Source: P.A. 78-227.)
Section 15. The Nursing Home Care Act is amended by
adding Section 3-202.5 as follows:
(210 ILCS 45/3-202.5 new)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing
long term care facility involving major construction, as
defined by rule by the Department, or with an estimated cost
greater than $5,000, architectural drawings and
specifications for the facility shall be submitted to the
Department for review and approval. Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class
specifications for such an individual's position or by a
person contracting with the Department who meets those class
specifications. Final approval of the drawings and
specifications for compliance with design and construction
standards shall be obtained from the Department before the
alteration, addition, or new construction is begun.
(b) The Department shall approve or disapprove drawings
and specifications submitted to the Department no later than
60 days following receipt by the Department. The drawings
and specifications shall be of sufficient detail, as provided
by Department rule, to enable the Department to render a
determination of compliance with design and construction
standards. If the Department finds that the drawings are not
of sufficient detail for it to render a determination of
compliance, the plans shall be determined to be incomplete
and shall not be considered for purposes of initiating the 60
day review period. If the Department has not approved or
disapproved the drawings and specifications within 60 days,
the construction, major alteration, or addition shall be
deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments
from the Department or request a reconsideration of the
disapproval. A final decision of approval or disapproval
shall be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.
(c) The Department shall not issue a violation to a
facility as a result of a licensure or complaint survey based
upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since
the original approval; and
(4) the violation does not create a direct threat
to the health, safety, or welfare of a resident.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2000
under this Section:
(1) If the estimated dollar value of the
alteration, addition, or new construction is $5,000 or
more but less than $25,000, the fee shall be the greater
of $300 or 6% of the value.
(2) If the estimated dollar value of the
alteration, addition, or new construction is $25,000 or
more but less than $100,000, the fee shall be the greater
of $1,500 or 2.4% of that value.
(3) If the estimated dollar value of the
alteration, addition, or new construction is $100,000 or
more but less than $500,000, the fee shall be the greater
of $2,400 or 1.2% of that value.
(4) If the estimated dollar value of the
alteration, addition, or new construction is $500,000 or
more but less than $1,000,000, the fee shall be the
greater of $6,000 or 0.96% of that value.
(5) If the estimated dollar value of the
alteration, addition, or new construction is $1,000,000
or more but less than $5,000,000, the fee shall be the
greater of $9,600 or 0.22% of that value.
(6) If the estimated dollar value of the
alteration, addition, or new construction is $5,000,000
or more, the fee shall be the greater of $11,000 or 0.11%
of that value, but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes
that are required by Department rule amendments.
The Department shall not commence the facility plan
review process under this Section until the applicable fee
has been paid.
(e) All fees received by the Department under this
Section shall be deposited into the Health Facility Plan
Review Fund, a special fund created in the State Treasury.
Moneys shall be appropriated from that Fund to the Department
only to pay the costs of conducting reviews under this
Section. None of the moneys in the Health Facility Plan
Review Fund shall be used to reduce the amount of General
Revenue Fund moneys appropriated to the Department for
facility plan reviews conducted pursuant to this Section.
(f) (1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only
to drawings and specifications submitted to the
Department on or after October 1, 1997.
(2) On and after the effective date of this
amendatory Act of 1997 and before October 1, 1997, an
applicant may submit or resubmit drawings and
specifications to the Department and pay the fees
provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2),
the provisions of subsection (b) shall apply with regard
to those drawings and specifications.
(g) The Department shall conduct an on-site inspection
of the completed project no later than 30 days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department. The
Department shall provide written approval for occupancy to
the applicant within 5 working days of the Department's final
inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until
Department approval is received. If the plans and drawings
are approved pursuant to subsection (b), occupancy shall be
allowed after any required health inspection by the
Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
Section 20. The Hospital Licensing Act is amended by
changing Section 8 as follows:
(210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
Sec. 8. Facility plan review; fees.
(a) Before commencing construction of new facilities or
specified types of alteration or additions to an existing
hospital involving major construction, as defined by rule by
the Department, or with an estimated cost greater than
$5,000, architectural plans and specifications therefor shall
be submitted by the licensee to the Department for review and
approval. In the case of the establishment of a new hospital,
the person to whom the Director has issued a permit shall
submit architectural plans and specifications to the
Department for review and approval. Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class
specifications for such an individual's position or by a
person contracting with the Department who meets those class
specifications. Final approval of the plans and
specifications for compliance with design and construction
standards shall be obtained from the Department before the
alteration, addition, or new construction is begun.
(b) The Department shall approve or disapprove drawings
and specifications submitted to the Department no later than
60 days following receipt by the Department. The drawings
and specifications shall be of sufficient detail, as provided
by Department rule, to enable the Department to render a
determination of compliance with design and construction
standards. If the Department finds that the drawings are not
of sufficient detail for it to render a determination of
compliance, the plans shall be determined to be incomplete
and shall not be considered for purposes of initiating the 60
day review period. If the Department has not approved or
disapproved the drawings and specifications within 60 days,
the construction, major alteration, or addition shall be
deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments
from the Department or request a reconsideration of the
disapproval. A final decision of approval or disapproval
shall be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.
(c) The Department shall not issue a violation to a
facility as a result of a licensure or complaint survey based
upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawing and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since
the original approval; and
(4) the violation does not create a direct threat
to the health, safety, or welfare of a resident.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2000
under this Section:
(1) If the estimated dollar value of the
alteration, addition, or new construction is $5,000 or
more but less than $25,000, the fee shall be the greater
of $300 or 6% of that value.
(2) If the estimated dollar value of the
alteration, addition, or new construction is $25,000 or
more but less than $100,000, the fee shall be the greater
of $1,500 or 2.4% of that value.
(3) If the estimated dollar value of the
alteration, addition, or new construction is $100,000 or
more but less than $500,000, the fee shall be the greater
of $2,400 or 1.2% of that value.
(4) If the estimated dollar value of the
alteration, addition, or new construction is $500,000 or
more but less than $1,000,000, the fee shall be the
greater of $6,000 or 0.96% of that value.
(5) If the estimated dollar value of the
alteration, addition, or new construction is $1,000,000
or more but less than $5,000,000, the fee shall be the
greater of $9,600 or 0.22% of that value.
(6) If the estimated dollar value of the
alteration, addition, or new construction is $5,000,000
or more, the fee shall be the greater of $11,000 or 0.11%
of that value, but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes
that are required by Department rule amendments.
The Department shall not commence the facility plan
review process under this Section until the applicable fee
has been paid.
(e) All fees received by the Department under this
Section shall be deposited into the Health Facility Plan
Review Fund, a special fund created in the State treasury.
Moneys shall be appropriated from that Fund to the Department
only to pay the costs of conducting reviews under this
Section. None of the moneys in the Health Facility Plan
Review Fund shall be used to reduce the amount of General
Revenue Fund moneys appropriated to the Department for
facility plan reviews conducted pursuant to this Section.
(f) (1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only
to drawings and specifications submitted to the
Department on or after October 1, 1997.
(2) On and after the effective date of this
amendatory Act of 1997 and before October 1, 1997, an
applicant may submit or resubmit drawings and
specifications to the Department and pay the fees
provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2),
the provisions of subsection (b) shall apply with regard
to those drawings and specifications.
(g) The Department shall conduct an on-site inspection
of the completed project no later than 30 days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department. The
Department shall provide written approval for occupancy to
the applicant within 5 working days of the Department's final
inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until
Department approval is received. If the plans and drawings
are approved pursuant to subsection (b), occupancy shall be
allowed after any required health inspection by the
Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(Source: Laws 1965, p. 2350.)
Section 99. Effective date. This Act takes effect upon
becoming law.