Public Act 90-0600 of the 90th General Assembly
Public Act 90-0600
SB1473 Enrolled LRB9011352LDdv
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 Alternative Health Care Delivery Act is
amended by changing Section 25 as follows:
(210 ILCS 3/25)
Sec. 25. Department responsibilities. The Department
shall have the responsibilities set forth in this Section.
(a) The Department shall adopt rules for each
alternative health care model authorized under this Act that
shall include but not be limited to the following:
(1) Further definition of the alternative health
care models.
(2) The definition and scope of the demonstration
program, including the implementation date and period of
operation, not to exceed 5 years.
(3) License application information required by the
Department.
(4) The care of patients in the alternative health
care models.
(5) Rights afforded to patients of the alternative
health care models.
(6) Physical plant requirements.
(7) License application and renewal fees, which may
cover the cost of administering the demonstration
program.
(8) Information that may be necessary for the Board
and the Department to monitor and evaluate the
alternative health care model demonstration program.
(9) Administrative fines that may be assessed by
the Department for violations of this Act or the rules
adopted under this Act.
(b) The Department shall issue, renew, deny, suspend, or
revoke licenses for alternative health care models.
(c) The Department shall perform licensure inspections
of alternative health care models as deemed necessary by the
Department to ensure compliance with this Act or rules.
(d) The Department shall deposit application fees,
renewal fees, and fines into the Regulatory Evaluation and
Basic Enforcement Fund.
(e) (d) The Department shall assist the Board in
performing the Board's responsibilities under this Act.
(f) The Department shall conduct a study to determine
the feasibility, the potential risks and benefits to
patients, and the potential effect on the health care
delivery system of authorizing recovery care of nonsurgical
patients in postsurgical recovery center demonstration
models. The Department shall report the findings of the
study to the General Assembly no later than November 1, 1998.
The Director shall appoint an advisory committee with
representation from the Illinois Hospital and Health Systems
Association, the Illinois State Medical Society, and the
Illinois Freestanding Surgery Center Association, a physician
who is board certified in internal medicine, a consumer, and
other representatives deemed appropriate by the Director.
The advisory committee shall advise the Department as it
carries out the study.
(g) Before November 1, 1998 the Department shall
initiate a process to request public comments on how
postsurgical recovery centers admitting nonsurgical patients
should be regulated.
(Source: P.A. 87-1188; revised 12-18-97.)
Section 5. 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 $100,000 $5,000, architectural
drawings and specifications therefor shall be submitted to
the Department for review and approval. A facility may submit
architectural drawings and specifications for other
construction projects for Department review according to
subsection (b) that shall not be subject to fees under
subsection (d). 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 inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this
notice within 10 working days shall result in the submission
being deemed complete for purposes of initiating the 60-day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the
submission is complete and the required fee, if any, has been
paid, 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 under this Act. 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 a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60-day review period
shall not commence until the Department determines that a
submission of drawings and specifications is complete or the
submission is deemed complete. 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 provide written approval for
occupancy pursuant to subsection (g) and 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 conditions at the facility indicate that
there is a reasonable degree of safety provided for the
patients 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) (Blank). 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) (Blank). 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 fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
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. All fees paid by ambulatory surgical treatment
centers under subsection (d) shall be used only to cover the
costs relating to the Department's review of ambulatory
surgical treatment center projects 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, unless the Department has
not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved.
Occupancy shall be authorized 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.
(i) The Department shall establish, by rule, an
expedited process for emergency repairs or replacement of
like equipment.
(j) Nothing in this Section shall be construed to apply
to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not add beds
or services over the number for which the facility is
licensed, and provides a reasonable degree of safety for the
patients.
(Source: P.A. 90-327, eff. 8-8-97.)
Section 10. The Nursing Home Care Act is amended by
changing Section 3-202.5 as follows:
(210 ILCS 45/3-202.5)
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 $100,000 $5,000, architectural drawings and
specifications for the facility shall be submitted to the
Department for review and approval. A facility may submit
architectural drawings and specifications for other
construction projects for Department review according to
subsection (b) that shall not be subject to fees under
subsection (d). 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 inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this
notice within 10 working days shall result in the submission
being deemed complete for purposes of initiating the 60-day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the
submission is complete the required fee, if any, has been
paid, 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 under this Act. 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 a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60-day review period
shall not commence until the Department determines that a
submission of drawings and specifications is complete or the
submission is deemed complete. 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 provide written approval for
occupancy pursuant to subsection (g) and 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 conditions at the facility indicate that
there is a reasonable degree of safety provided for the
residents 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) (Blank). 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) (Blank). 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 fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
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.
All fees paid by long-term care facilities under subsection
(d) shall be used only to cover the costs relating to the
Department's review of long-term care facility projects under
this Section. 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, unless the Department has
not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved.
Occupancy shall be authorized 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.
(i) The Department shall establish, by rule, an
expedited process for emergency repairs or replacement of
like equipment.
(j) Nothing in this Section shall be construed to apply
to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not add beds
or services over the number for which the long-term care
facility is licensed, and provides a reasonable degree of
safety for the residents.
(Source: P.A. 90-327, eff. 8-8-97.)
Section 15. 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
$100,000 $5,000, architectural plans and specifications
therefor shall be submitted by the licensee to the Department
for review and approval. A hospital may submit architectural
drawings and specifications for other construction projects
for Department review according to subsection (b) that shall
not be subject to fees under subsection (d). 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 inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this
notice within 10 working days shall result in the submission
being deemed complete for purposes of initiating the 60-day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the
submission is complete and the required fee, if any, has been
paid, 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 under this Act. 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 a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60-day review period
shall not commence until the Department determines that a
submission of drawings and specifications is complete or the
submission is deemed complete. 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 provide written approval for
occupancy pursuant to subsection (g) and 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 conditions at the facility indicate that
there is a reasonable degree of safety provided for the
patients 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) (Blank). 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) (Blank). 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 fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
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.
All fees paid by hospitals under subsection (d) shall be used
only to cover the costs relating to the Department's review
of hospital projects under this Section. 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, unless the Department has
not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved.
Occupancy shall be authorized 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.
(i) The Department shall establish, by rule, an
expedited process for emergency repairs or replacement of
like equipment.
(j) Nothing in this Section shall be construed to apply
to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not add beds
or services over the number for which the facility is
licensed, and provides a reasonable degree of safety for the
patients.
(Source: P.A. 90-327, eff. 8-8-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.