Bill Amendment: IL HB5429 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SHARED HOUSING-PLAN REVIEWS
Status: 2024-07-19 - Public Act . . . . . . . . . 103-0714 [HB5429 Detail]
Download: Illinois-2023-HB5429-House_Amendment_001.html
Bill Title: SHARED HOUSING-PLAN REVIEWS
Status: 2024-07-19 - Public Act . . . . . . . . . 103-0714 [HB5429 Detail]
Download: Illinois-2023-HB5429-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5429 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5429 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Assisted Living and Shared Housing Act is | ||||||
5 | amended by adding Section 21 as follows:
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6 | (210 ILCS 9/21 new) | ||||||
7 | Sec. 21. Establishment plan review; fees. | ||||||
8 | (a) Before commencing construction of new assisted living | ||||||
9 | or shared housing establishments or alterations or additions | ||||||
10 | to an existing assisted living or shared housing establishment | ||||||
11 | involving major construction, as defined by rule by the | ||||||
12 | Department, an applicant under this Section shall submit | ||||||
13 | architectural drawings and specifications to the Department | ||||||
14 | for review and approval. An applicant under this Section shall | ||||||
15 | submit architectural drawings and specifications for other | ||||||
16 | construction projects for Department review according to |
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1 | subsection (b) that shall not be subject to fees under | ||||||
2 | subsection (d). Review of drawings and specifications shall be | ||||||
3 | conducted by an employee of the Department meeting the | ||||||
4 | qualifications established by the Department of Central | ||||||
5 | Management Services class specifications for the individual's | ||||||
6 | position. Final approval of the drawings and specifications | ||||||
7 | for compliance with design and construction standards shall be | ||||||
8 | obtained from the Department before the proposed alteration, | ||||||
9 | addition, or new construction begins. The Department shall | ||||||
10 | adopt rules for determining whether a construction, | ||||||
11 | alteration, or addition is subject to the submission | ||||||
12 | requirements of this Section. The Department shall not review | ||||||
13 | a submission under this Section until the required fee, if | ||||||
14 | any, has been paid. | ||||||
15 | (b) The Department shall inform an applicant in writing | ||||||
16 | within 10 working days after receiving drawings, | ||||||
17 | specifications, and the required fee, if any, from the | ||||||
18 | applicant whether the applicant's submission is complete or | ||||||
19 | incomplete. Failure to provide the applicant with this notice | ||||||
20 | within 10 working days shall result in the submission being | ||||||
21 | deemed complete for purposes of initiating the 45 calendar day | ||||||
22 | review period under this Section. If the submission is | ||||||
23 | incomplete, the Department shall inform the applicant of the | ||||||
24 | deficiencies with the submission in writing. If the submission | ||||||
25 | is complete and the required fee, if any, has been paid, the | ||||||
26 | Department shall approve or disapprove drawings and |
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1 | specifications submitted to the Department no later than 45 | ||||||
2 | calendar days following receipt by the Department. The | ||||||
3 | drawings and specifications shall be of sufficient detail, as | ||||||
4 | provided by Department rule, to enable the Department to | ||||||
5 | render a determination of compliance with design and | ||||||
6 | construction standards under this Act. If the Department finds | ||||||
7 | that the drawings are not of sufficient detail for it to render | ||||||
8 | a determination of compliance, the plans shall be determined | ||||||
9 | to be incomplete and shall not be considered for purposes of | ||||||
10 | initiating the 45 calendar day review period. If a submission | ||||||
11 | of drawings and specifications is incomplete, the applicant | ||||||
12 | may submit additional information. The 45 calendar day review | ||||||
13 | period shall not commence until the Department determines that | ||||||
14 | a submission of drawings and specifications is complete or the | ||||||
15 | submission is deemed complete. If the Department has not | ||||||
16 | approved or disapproved the drawings and specifications within | ||||||
17 | 45 calendar days, the construction, major alteration, or | ||||||
18 | addition shall be deemed approved. If the drawings and | ||||||
19 | specifications are disapproved, the Department shall state in | ||||||
20 | writing, with specificity, the reasons for the disapproval. | ||||||
21 | The entity submitting the drawings and specifications may | ||||||
22 | submit additional information in response to the written | ||||||
23 | comments from the Department or request a reconsideration of | ||||||
24 | the disapproval. A final decision of approval or disapproval | ||||||
25 | shall be made within 30 calendar days of the receipt of the | ||||||
26 | additional information or reconsideration request. If denied, |
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1 | the Department shall state the specific reasons for the | ||||||
2 | denial. | ||||||
3 | (c) The Department shall provide written approval for | ||||||
4 | occupancy pursuant to subsection (g). | ||||||
5 | (d) The Department shall charge the following fees in | ||||||
6 | connection with its reviews conducted after the effective date | ||||||
7 | of this amendatory Act of the 103rd General Assembly under | ||||||
8 | this Section: | ||||||
9 | (1) If the estimated dollar value of the alteration, | ||||||
10 | addition, or new construction is $99,999.99 or less, no | ||||||
11 | fee is required. | ||||||
12 | (2) If the estimated dollar value of the alteration, | ||||||
13 | addition, or new construction is $100,000 or more but less | ||||||
14 | than $500,000, the fee shall be the greater of $2,400 or | ||||||
15 | 1.2% of the estimated dollar value of the alteration, | ||||||
16 | addition, or new construction. | ||||||
17 | (3) If the estimated dollar value of the alteration, | ||||||
18 | addition, or new construction is $500,000 or more but less | ||||||
19 | than $1,000,000, the fee shall be the greater of $6,0000 | ||||||
20 | or 0.96% of that value. | ||||||
21 | (4) If the estimated dollar value of the alteration, | ||||||
22 | addition, or new construction is $1,000,000 or more but | ||||||
23 | less than $5,000,000, the fee shall be the greater of | ||||||
24 | $9,600 or 0.22% of the estimated dollar value of the | ||||||
25 | alteration, addition, or new construction. | ||||||
26 | (5) If the estimated dollar value of the alteration, |
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1 | addition, or new construction is $5,000,000 or more, the | ||||||
2 | fee shall be the greater of $11,000 or 0.11% of the | ||||||
3 | estimated dollar value of the alteration, addition, or new | ||||||
4 | construction, but shall not exceed $30,000. | ||||||
5 | The fees provided in this subsection (d) shall not apply | ||||||
6 | to major construction projects involving establishment changes | ||||||
7 | that are required by an amendment to a Department rule. | ||||||
8 | The Department shall not commence the establishment plan | ||||||
9 | review process under this Section until the applicable fee has | ||||||
10 | been paid. | ||||||
11 | (e) All fees received by the Department under this Section | ||||||
12 | shall be deposited into the Health Facility Plan Review Fund, | ||||||
13 | a special fund created in the State Treasury. All fees paid by | ||||||
14 | establishments under this Section shall be used only to cover | ||||||
15 | the costs relating to the Department's review of projects | ||||||
16 | listed in this Section. Moneys shall be appropriated from that | ||||||
17 | Fund to the Department only to pay the costs of conducting | ||||||
18 | reviews under this Section, under Section 3-202.5 of the | ||||||
19 | Nursing Home Care Act, Section 3-202.5 of the MC/DD Act, or | ||||||
20 | Section 3-202.5 of the ID/DD Community Care Act. None of the | ||||||
21 | moneys in the Health Facility Plan Review Fund shall be used to | ||||||
22 | reduce the amount of General Revenue Fund moneys appropriated | ||||||
23 | to the Department for plan reviews conducted pursuant to this | ||||||
24 | Section. | ||||||
25 | (f) The Department shall review the fee structure 3 years | ||||||
26 | after the effective date of this amendatory Act of the 103rd |
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1 | General Assembly and every 5 years thereafter, and fees shall | ||||||
2 | be increased or decreased to maintain the plan review program. | ||||||
3 | (g) The Department shall conduct an on-site inspection of | ||||||
4 | the completed project no later than 30 working days after | ||||||
5 | notification from the applicant under this Section that the | ||||||
6 | project has been completed and all certifications required by | ||||||
7 | the Department have been received and accepted by the | ||||||
8 | Department. The Department shall provide written approval for | ||||||
9 | occupancy to the applicant within 10 working days of the | ||||||
10 | Department's final inspection, provided the applicant has | ||||||
11 | demonstrated substantial compliance as defined by Department | ||||||
12 | rule. Occupancy of new major construction is prohibited until | ||||||
13 | Department approval is received, unless the Department has not | ||||||
14 | acted within the time frames provided in this subsection (g), | ||||||
15 | in which case the construction shall be deemed approved. | ||||||
16 | Occupancy shall be authorized after any required health | ||||||
17 | inspection by the Department has been conducted. | ||||||
18 | (h) The Department shall establish, by rule, a procedure | ||||||
19 | to conduct voluntary interim on-site review of large or | ||||||
20 | complex construction projects for a fee of $3,000 per interim | ||||||
21 | on-site review. | ||||||
22 | (i) The Department shall establish, by rule, an expedited | ||||||
23 | process for emergency repairs or replacement of like | ||||||
24 | equipment. | ||||||
25 | The establishment shall not be occupied until the | ||||||
26 | Department provides written approval for occupancy to the |
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1 | owner or operator within 10 business days after the | ||||||
2 | Department's final inspection, provided that the owner or | ||||||
3 | operator has substantially complied with this Section as | ||||||
4 | determined by the Department by rule. | ||||||
5 | (j) Nothing in this Section shall be construed to apply to | ||||||
6 | maintenance, upkeep, or renovation that does not affect the | ||||||
7 | structural integrity of the building, does not add units or | ||||||
8 | services over the number for which the establishment is | ||||||
9 | licensed, and provides a reasonable degree of safety for the | ||||||
10 | residents.
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11 | Section 10. The Nursing Home Care Act is amended by | ||||||
12 | changing Section 3-202.5 as follows:
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13 | (210 ILCS 45/3-202.5) | ||||||
14 | Sec. 3-202.5. Facility plan review; fees. | ||||||
15 | (a) Before commencing construction of a new facility or | ||||||
16 | specified types of alteration or additions to an existing long | ||||||
17 | term care facility involving major construction, as defined by | ||||||
18 | rule by the Department, with an estimated cost greater than | ||||||
19 | $100,000, architectural drawings and specifications for the | ||||||
20 | facility shall be submitted to the Department for review and | ||||||
21 | approval. A facility may submit architectural drawings and | ||||||
22 | specifications for other construction projects for Department | ||||||
23 | review according to subsection (b) that shall not be subject | ||||||
24 | to fees under subsection (d). Review of drawings and |
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1 | specifications shall be conducted by an employee of the | ||||||
2 | Department meeting the qualifications established by the | ||||||
3 | Department of Central Management Services class specifications | ||||||
4 | for such an individual's position or by a person contracting | ||||||
5 | with the Department who meets those class specifications. | ||||||
6 | Final approval of the drawings and specifications for | ||||||
7 | compliance with design and construction standards shall be | ||||||
8 | obtained from the Department before the alteration, addition, | ||||||
9 | or new construction is begun. | ||||||
10 | (b) The Department shall inform an applicant in writing | ||||||
11 | within 10 working days after receiving drawings and | ||||||
12 | specifications and the required fee, if any, from the | ||||||
13 | applicant whether the applicant's submission is complete or | ||||||
14 | incomplete. Failure to provide the applicant with this notice | ||||||
15 | within 10 working days shall result in the submission being | ||||||
16 | deemed complete for purposes of initiating the 60-day review | ||||||
17 | period under this Section. If the submission is incomplete, | ||||||
18 | the Department shall inform the applicant of the deficiencies | ||||||
19 | with the submission in writing. If the submission is complete | ||||||
20 | the required fee, if any, has been paid, the Department shall | ||||||
21 | approve or disapprove drawings and specifications submitted to | ||||||
22 | the Department no later than 60 days following receipt by the | ||||||
23 | Department. The drawings and specifications shall be of | ||||||
24 | sufficient detail, as provided by Department rule, to enable | ||||||
25 | the Department to render a determination of compliance with | ||||||
26 | design and construction standards under this Act. If the |
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1 | Department finds that the drawings are not of sufficient | ||||||
2 | detail for it to render a determination of compliance, the | ||||||
3 | plans shall be determined to be incomplete and shall not be | ||||||
4 | considered for purposes of initiating the 60-day review | ||||||
5 | period. If a submission of drawings and specifications is | ||||||
6 | incomplete, the applicant may submit additional information. | ||||||
7 | The 60-day review period shall not commence until the | ||||||
8 | Department determines that a submission of drawings and | ||||||
9 | specifications is complete or the submission is deemed | ||||||
10 | complete. If the Department has not approved or disapproved | ||||||
11 | the drawings and specifications within 60 days, the | ||||||
12 | construction, major alteration, or addition shall be deemed | ||||||
13 | approved. If the drawings and specifications are disapproved, | ||||||
14 | the Department shall state in writing, with specificity, the | ||||||
15 | reasons for the disapproval. The entity submitting the | ||||||
16 | drawings and specifications may submit additional information | ||||||
17 | in response to the written comments from the Department or | ||||||
18 | request a reconsideration of the disapproval. A final decision | ||||||
19 | of approval or disapproval shall be made within 45 days of the | ||||||
20 | receipt of the additional information or reconsideration | ||||||
21 | request. If denied, the Department shall state the specific | ||||||
22 | reasons for the denial. | ||||||
23 | (c) The Department shall provide written approval for | ||||||
24 | occupancy pursuant to subsection (g) and shall not issue a | ||||||
25 | violation to a facility as a result of a licensure or complaint | ||||||
26 | survey based upon the facility's physical structure if: |
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1 | (1) the Department reviewed and approved or deemed | ||||||
2 | approved the drawings and specifications for compliance | ||||||
3 | with design and construction standards; | ||||||
4 | (2) the construction, major alteration, or addition | ||||||
5 | was built as submitted; | ||||||
6 | (3) the law or rules have not been amended since the | ||||||
7 | original approval; and | ||||||
8 | (4) the conditions at the facility indicate that there | ||||||
9 | is a reasonable degree of safety provided for the | ||||||
10 | residents. | ||||||
11 | (d) The Department shall charge the following fees in | ||||||
12 | connection with its reviews conducted before June 30, 2004 | ||||||
13 | under this Section: | ||||||
14 | (1) (Blank). | ||||||
15 | (2) (Blank). | ||||||
16 | (3) If the estimated dollar value of the alteration, | ||||||
17 | addition, or new construction is $100,000 or more but less | ||||||
18 | than $500,000, the fee shall be the greater of $2,400 or | ||||||
19 | 1.2% of that value. | ||||||
20 | (4) If the estimated dollar value of the alteration, | ||||||
21 | addition, or new construction is $500,000 or more but less | ||||||
22 | than $1,000,000, the fee shall be the greater of $6,000 or | ||||||
23 | 0.96% of that value. | ||||||
24 | (5) If the estimated dollar value of the alteration, | ||||||
25 | addition, or new construction is $1,000,000 or more but | ||||||
26 | less than $5,000,000, the fee shall be the greater of |
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1 | $9,600 or 0.22% of that value. | ||||||
2 | (6) If the estimated dollar value of the alteration, | ||||||
3 | addition, or new construction is $5,000,000 or more, the | ||||||
4 | fee shall be the greater of $11,000 or 0.11% of that value, | ||||||
5 | but shall not exceed $40,000. | ||||||
6 | The fees provided in this subsection (d) shall not apply | ||||||
7 | to major construction projects involving facility changes that | ||||||
8 | are required by Department rule amendments. | ||||||
9 | The fees provided in this subsection (d) shall also not | ||||||
10 | apply to major construction projects if 51% or more of the | ||||||
11 | estimated cost of the project is attributed to capital | ||||||
12 | equipment. For major construction projects where 51% or more | ||||||
13 | of the estimated cost of the project is attributed to capital | ||||||
14 | equipment, the Department shall by rule establish a fee that | ||||||
15 | is reasonably related to the cost of reviewing the project. | ||||||
16 | The Department shall not commence the facility plan review | ||||||
17 | process under this Section until the applicable fee has been | ||||||
18 | paid. | ||||||
19 | (e) All fees received by the Department under this Section | ||||||
20 | shall be deposited into the Health Facility Plan Review Fund, | ||||||
21 | a special fund created in the State Treasury. All fees paid by | ||||||
22 | long-term care facilities under subsection (d) shall be used | ||||||
23 | only to cover the costs relating to the Department's review of | ||||||
24 | long-term care facility projects under this Section. Moneys | ||||||
25 | shall be appropriated from that Fund to the Department only to | ||||||
26 | pay the costs of conducting reviews under this Section , or |
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1 | under Section 3-202.5 of the ID/DD Community Care Act , or | ||||||
2 | Section 3-202.5 of the MC/DD Act , or Section 21 of the Assisted | ||||||
3 | Living and Shared Housing Act . None of the moneys in the Health | ||||||
4 | Facility Plan Review Fund shall be used to reduce the amount of | ||||||
5 | General Revenue Fund moneys appropriated to the Department for | ||||||
6 | facility plan reviews conducted pursuant to this Section. | ||||||
7 | (f)(1) The provisions of this amendatory Act of 1997 | ||||||
8 | concerning drawings and specifications shall apply only to | ||||||
9 | drawings and specifications submitted to the Department on or | ||||||
10 | after October 1, 1997. | ||||||
11 | (2) On and after the effective date of this amendatory Act | ||||||
12 | of 1997 and before October 1, 1997, an applicant may submit or | ||||||
13 | resubmit drawings and specifications to the Department and pay | ||||||
14 | the fees provided in subsection (d). If an applicant pays the | ||||||
15 | fees provided in subsection (d) under this paragraph (2), the | ||||||
16 | provisions of subsection (b) shall apply with regard to those | ||||||
17 | drawings and specifications. | ||||||
18 | (g) The Department shall conduct an on-site inspection of | ||||||
19 | the completed project no later than 30 days after notification | ||||||
20 | from the applicant that the project has been completed and all | ||||||
21 | certifications required by the Department have been received | ||||||
22 | and accepted by the Department, except that, during a | ||||||
23 | statewide public health emergency, as defined in the Illinois | ||||||
24 | Emergency Management Agency Act, the Department shall conduct | ||||||
25 | an on-site inspection of the completed project to the extent | ||||||
26 | feasible. The Department shall provide written approval for |
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1 | occupancy to the applicant within 5 working days of the | ||||||
2 | Department's final inspection, provided the applicant has | ||||||
3 | demonstrated substantial compliance as defined by Department | ||||||
4 | rule. Occupancy of new major construction is prohibited until | ||||||
5 | Department approval is received, unless the Department has not | ||||||
6 | acted within the time frames provided in this subsection (g), | ||||||
7 | in which case the construction shall be deemed approved. | ||||||
8 | Occupancy shall be authorized after any required health | ||||||
9 | inspection by the Department has been conducted. | ||||||
10 | (h) The Department shall establish, by rule, a procedure | ||||||
11 | to conduct interim on-site review of large or complex | ||||||
12 | construction projects. | ||||||
13 | (i) The Department shall establish, by rule, an expedited | ||||||
14 | process for emergency repairs or replacement of like | ||||||
15 | equipment. | ||||||
16 | (j) Nothing in this Section shall be construed to apply to | ||||||
17 | maintenance, upkeep, or renovation that does not affect the | ||||||
18 | structural integrity of the building, does not add beds or | ||||||
19 | services over the number for which the long-term care facility | ||||||
20 | is licensed, and provides a reasonable degree of safety for | ||||||
21 | the residents. | ||||||
22 | (Source: P.A. 103-1, eff. 4-27-23.)
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23 | Section 15. The MC/DD Act is amended by changing Section | ||||||
24 | 3-202.5 as follows:
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1 | (210 ILCS 46/3-202.5) | ||||||
2 | Sec. 3-202.5. Facility plan review; fees. | ||||||
3 | (a) Before commencing construction of a new facility or | ||||||
4 | specified types of alteration or additions to an existing | ||||||
5 | facility involving major construction, as defined by rule by | ||||||
6 | the Department, with an estimated cost greater than $100,000, | ||||||
7 | architectural drawings and specifications for the facility | ||||||
8 | shall be submitted to the Department for review and approval. | ||||||
9 | A facility may submit architectural drawings and | ||||||
10 | specifications for other construction projects for Department | ||||||
11 | review according to subsection (b) that shall not be subject | ||||||
12 | to fees under subsection (d). Review of drawings and | ||||||
13 | specifications shall be conducted by an employee of the | ||||||
14 | Department meeting the qualifications established by the | ||||||
15 | Department of Central Management Services class specifications | ||||||
16 | for such an individual's position or by a person contracting | ||||||
17 | with the Department who meets those class specifications. | ||||||
18 | Final approval of the drawings and specifications for | ||||||
19 | compliance with design and construction standards shall be | ||||||
20 | obtained from the Department before the alteration, addition, | ||||||
21 | or new construction is begun. | ||||||
22 | (b) The Department shall inform an applicant in writing | ||||||
23 | within 10 working days after receiving drawings and | ||||||
24 | specifications and the required fee, if any, from the | ||||||
25 | applicant whether the applicant's submission is complete or | ||||||
26 | incomplete. Failure to provide the applicant with this notice |
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1 | within 10 working days shall result in the submission being | ||||||
2 | deemed complete for purposes of initiating the 60-day review | ||||||
3 | period under this Section. If the submission is incomplete, | ||||||
4 | the Department shall inform the applicant of the deficiencies | ||||||
5 | with the submission in writing. If the submission is complete | ||||||
6 | the required fee, if any, has been paid, the Department shall | ||||||
7 | approve or disapprove drawings and specifications submitted to | ||||||
8 | the Department no later than 60 days following receipt by the | ||||||
9 | Department. The drawings and specifications shall be of | ||||||
10 | sufficient detail, as provided by Department rule, to enable | ||||||
11 | the Department to render a determination of compliance with | ||||||
12 | design and construction standards under this Act. If the | ||||||
13 | Department finds that the drawings are not of sufficient | ||||||
14 | detail for it to render a determination of compliance, the | ||||||
15 | plans shall be determined to be incomplete and shall not be | ||||||
16 | considered for purposes of initiating the 60 day review | ||||||
17 | period. If a submission of drawings and specifications is | ||||||
18 | incomplete, the applicant may submit additional information. | ||||||
19 | The 60 day review period shall not commence until the | ||||||
20 | Department determines that a submission of drawings and | ||||||
21 | specifications is complete or the submission is deemed | ||||||
22 | complete. If the Department has not approved or disapproved | ||||||
23 | the drawings and specifications within 60 days, the | ||||||
24 | construction, major alteration, or addition shall be deemed | ||||||
25 | approved. If the drawings and specifications are disapproved, | ||||||
26 | the Department shall state in writing, with specificity, the |
| |||||||
| |||||||
1 | reasons for the disapproval. The entity submitting the | ||||||
2 | drawings and specifications may submit additional information | ||||||
3 | in response to the written comments from the Department or | ||||||
4 | request a reconsideration of the disapproval. A final decision | ||||||
5 | of approval or disapproval shall be made within 45 days of the | ||||||
6 | receipt of the additional information or reconsideration | ||||||
7 | request. If denied, the Department shall state the specific | ||||||
8 | reasons for the denial. | ||||||
9 | (c) The Department shall provide written approval for | ||||||
10 | occupancy pursuant to subsection (g) and shall not issue a | ||||||
11 | violation to a facility as a result of a licensure or complaint | ||||||
12 | survey based upon the facility's physical structure if: | ||||||
13 | (1) the Department reviewed and approved or deemed | ||||||
14 | approved the drawings and specifications for compliance | ||||||
15 | with design and construction standards; | ||||||
16 | (2) the construction, major alteration, or addition | ||||||
17 | was built as submitted; | ||||||
18 | (3) the law or rules have not been amended since the | ||||||
19 | original approval; and | ||||||
20 | (4) the conditions at the facility indicate that there | ||||||
21 | is a reasonable degree of safety provided for the | ||||||
22 | residents. | ||||||
23 | (d) (Blank). | ||||||
24 | (e) All fees received by the Department under this Section | ||||||
25 | shall be deposited into the Health Facility Plan Review Fund, | ||||||
26 | a special fund created in the State Treasury. All fees paid by |
| |||||||
| |||||||
1 | facilities under this Section shall be used to cover the costs | ||||||
2 | relating to the Department's review of facility projects under | ||||||
3 | this Section only. Moneys shall be appropriated from that Fund | ||||||
4 | to the Department only to pay the costs of conducting reviews | ||||||
5 | under this Section, under Section 3-202.5 of the Nursing Home | ||||||
6 | Care Act , under Section 21 of the Assisted Living and Shared | ||||||
7 | Housing Act , or under Section 3-202.5 of the ID/DD Community | ||||||
8 | Care Act. None of the moneys in the Health Facility Plan Review | ||||||
9 | Fund shall be used to reduce the amount of General Revenue Fund | ||||||
10 | moneys appropriated to the Department for facility plan | ||||||
11 | reviews conducted pursuant to this Section. | ||||||
12 | (f) (Blank). | ||||||
13 | (g) The Department shall conduct an on site inspection of | ||||||
14 | the completed project no later than 30 days after notification | ||||||
15 | from the applicant that the project has been completed and all | ||||||
16 | certifications required by the Department have been received | ||||||
17 | and accepted by the Department, except that, during a | ||||||
18 | statewide public health emergency, as defined in the Illinois | ||||||
19 | Emergency Management Agency Act, the Department shall conduct | ||||||
20 | an on-site inspection to the extent feasible. The Department | ||||||
21 | shall provide written approval for occupancy to the applicant | ||||||
22 | within 5 working days of the Department's final inspection, | ||||||
23 | provided the applicant has demonstrated substantial compliance | ||||||
24 | as defined by Department rule. Occupancy of new major | ||||||
25 | construction is prohibited until Department approval is | ||||||
26 | received, unless the Department has not acted within the time |
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1 | frames provided in this subsection (g), in which case the | ||||||
2 | construction shall be deemed approved. Occupancy shall be | ||||||
3 | authorized after any required health inspection by the | ||||||
4 | Department has been conducted. | ||||||
5 | (h) The Department shall establish, by rule, a procedure | ||||||
6 | to conduct interim on site review of large or complex | ||||||
7 | construction projects. | ||||||
8 | (i) The Department shall establish, by rule, an expedited | ||||||
9 | process for emergency repairs or replacement of like | ||||||
10 | equipment. | ||||||
11 | (j) Nothing in this Section shall be construed to apply to | ||||||
12 | maintenance, upkeep, or renovation that does not affect the | ||||||
13 | structural integrity of the building, does not add beds or | ||||||
14 | services over the number for which the facility is licensed, | ||||||
15 | and provides a reasonable degree of safety for the residents. | ||||||
16 | (Source: P.A. 103-1, eff. 4-27-23.)
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17 | Section 20. The ID/DD Community Care Act is amended by | ||||||
18 | changing Section 3-202.5 as follows:
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19 | (210 ILCS 47/3-202.5) | ||||||
20 | Sec. 3-202.5. Facility plan review; fees. | ||||||
21 | (a) Before commencing construction of a new facility or | ||||||
22 | specified types of alteration or additions to an existing long | ||||||
23 | term care facility involving major construction, as defined by | ||||||
24 | rule by the Department, with an estimated cost greater than |
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1 | $100,000, architectural drawings and specifications for the | ||||||
2 | facility shall be submitted to the Department for review and | ||||||
3 | approval. A facility may submit architectural drawings and | ||||||
4 | specifications for other construction projects for Department | ||||||
5 | review according to subsection (b) that shall not be subject | ||||||
6 | to fees under subsection (d). Review of drawings and | ||||||
7 | specifications shall be conducted by an employee of the | ||||||
8 | Department meeting the qualifications established by the | ||||||
9 | Department of Central Management Services class specifications | ||||||
10 | for such an individual's position or by a person contracting | ||||||
11 | with the Department who meets those class specifications. | ||||||
12 | Final approval of the drawings and specifications for | ||||||
13 | compliance with design and construction standards shall be | ||||||
14 | obtained from the Department before the alteration, addition, | ||||||
15 | or new construction is begun. | ||||||
16 | (b) The Department shall inform an applicant in writing | ||||||
17 | within 10 working days after receiving drawings and | ||||||
18 | specifications and the required fee, if any, from the | ||||||
19 | applicant whether the applicant's submission is complete or | ||||||
20 | incomplete. Failure to provide the applicant with this notice | ||||||
21 | within 10 working days shall result in the submission being | ||||||
22 | deemed complete for purposes of initiating the 60 day review | ||||||
23 | period under this Section. If the submission is incomplete, | ||||||
24 | the Department shall inform the applicant of the deficiencies | ||||||
25 | with the submission in writing. If the submission is complete | ||||||
26 | the required fee, if any, has been paid, the Department shall |
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1 | approve or disapprove drawings and specifications submitted to | ||||||
2 | the Department no later than 60 days following receipt by the | ||||||
3 | Department. The drawings and specifications shall be of | ||||||
4 | sufficient detail, as provided by Department rule, to enable | ||||||
5 | the Department to render a determination of compliance with | ||||||
6 | design and construction standards under this Act. If the | ||||||
7 | Department finds that the drawings are not of sufficient | ||||||
8 | detail for it to render a determination of compliance, the | ||||||
9 | plans shall be determined to be incomplete and shall not be | ||||||
10 | considered for purposes of initiating the 60 day review | ||||||
11 | period. If a submission of drawings and specifications is | ||||||
12 | incomplete, the applicant may submit additional information. | ||||||
13 | The 60 day review period shall not commence until the | ||||||
14 | Department determines that a submission of drawings and | ||||||
15 | specifications is complete or the submission is deemed | ||||||
16 | complete. If the Department has not approved or disapproved | ||||||
17 | the drawings and specifications within 60 days, the | ||||||
18 | construction, major alteration, or addition shall be deemed | ||||||
19 | approved. If the drawings and specifications are disapproved, | ||||||
20 | the Department shall state in writing, with specificity, the | ||||||
21 | reasons for the disapproval. The entity submitting the | ||||||
22 | drawings and specifications may submit additional information | ||||||
23 | in response to the written comments from the Department or | ||||||
24 | request a reconsideration of the disapproval. A final decision | ||||||
25 | of approval or disapproval shall be made within 45 days of the | ||||||
26 | receipt of the additional information or reconsideration |
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1 | request. If denied, the Department shall state the specific | ||||||
2 | reasons for the denial. | ||||||
3 | (c) The Department shall provide written approval for | ||||||
4 | occupancy pursuant to subsection (g) and shall not issue a | ||||||
5 | violation to a facility as a result of a licensure or complaint | ||||||
6 | survey based upon the facility's physical structure if: | ||||||
7 | (1) the Department reviewed and approved or deemed | ||||||
8 | approved the drawings and specifications for compliance | ||||||
9 | with design and construction standards; | ||||||
10 | (2) the construction, major alteration, or addition | ||||||
11 | was built as submitted; | ||||||
12 | (3) the law or rules have not been amended since the | ||||||
13 | original approval; and | ||||||
14 | (4) the conditions at the facility indicate that there | ||||||
15 | is a reasonable degree of safety provided for the | ||||||
16 | residents. | ||||||
17 | (d) The Department shall charge the following fees in | ||||||
18 | connection with its reviews conducted before June 30, 2004 | ||||||
19 | under this Section: | ||||||
20 | (1) (Blank). | ||||||
21 | (2) (Blank). | ||||||
22 | (3) If the estimated dollar value of the alteration, | ||||||
23 | addition, or new construction is $100,000 or more but less | ||||||
24 | than $500,000, the fee shall be the greater of $2,400 or | ||||||
25 | 1.2% of that value. | ||||||
26 | (4) If the estimated dollar value of the alteration, |
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1 | addition, or new construction is $500,000 or more but less | ||||||
2 | than $1,000,000, the fee shall be the greater of $6,000 or | ||||||
3 | 0.96% of that value. | ||||||
4 | (5) If the estimated dollar value of the alteration, | ||||||
5 | addition, or new construction is $1,000,000 or more but | ||||||
6 | less than $5,000,000, the fee shall be the greater of | ||||||
7 | $9,600 or 0.22% of that value. | ||||||
8 | (6) If the estimated dollar value of the alteration, | ||||||
9 | addition, or new construction is $5,000,000 or more, the | ||||||
10 | fee shall be the greater of $11,000 or 0.11% of that value, | ||||||
11 | but shall not exceed $40,000. The fees provided in this | ||||||
12 | subsection (d) shall not apply to major construction | ||||||
13 | projects involving facility changes that are required by | ||||||
14 | Department rule amendments. The fees provided in this | ||||||
15 | subsection (d) shall also not apply to major construction | ||||||
16 | projects if 51% or more of the estimated cost of the | ||||||
17 | project is attributed to capital equipment. For major | ||||||
18 | construction projects where 51% or more of the estimated | ||||||
19 | cost of the project is attributed to capital equipment, | ||||||
20 | the Department shall by rule establish a fee that is | ||||||
21 | reasonably related to the cost of reviewing the project. | ||||||
22 | The Department shall not commence the facility plan review | ||||||
23 | process under this Section until the applicable fee has | ||||||
24 | been paid. | ||||||
25 | (e) All fees received by the Department under this Section | ||||||
26 | shall be deposited into the Health Facility Plan Review Fund, |
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| |||||||
1 | a special fund created in the State Treasury. All fees paid by | ||||||
2 | long term care facilities under subsection (d) shall be used | ||||||
3 | only to cover the costs relating to the Department's review of | ||||||
4 | long term care facility projects under this Section. Moneys | ||||||
5 | shall be appropriated from that Fund to the Department only to | ||||||
6 | pay the costs of conducting reviews under this Section , | ||||||
7 | Section 3-202.5 of the MC/DD Act, Section 21 of the Assisted | ||||||
8 | Living and Shared Housing Act, or under Section 3-202.5 of the | ||||||
9 | Nursing Home Care Act. None of the moneys in the Health | ||||||
10 | Facility Plan Review Fund shall be used to reduce the amount of | ||||||
11 | General Revenue Fund moneys appropriated to the Department for | ||||||
12 | facility plan reviews conducted pursuant to this Section. | ||||||
13 | (f) (Blank). | ||||||
14 | (g) The Department shall conduct an on site inspection of | ||||||
15 | the completed project no later than 30 days after notification | ||||||
16 | from the applicant that the project has been completed and all | ||||||
17 | certifications required by the Department have been received | ||||||
18 | and accepted by the Department. The Department shall provide | ||||||
19 | written approval for occupancy to the applicant within 5 | ||||||
20 | working days of the Department's final inspection, provided | ||||||
21 | the applicant has demonstrated substantial compliance as | ||||||
22 | defined by Department rule. Occupancy of new major | ||||||
23 | construction is prohibited until Department approval is | ||||||
24 | received, unless the Department has not acted within the time | ||||||
25 | frames provided in this subsection (g), in which case the | ||||||
26 | construction shall be deemed approved. Occupancy shall be |
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