|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3813 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
|
| 20 ILCS 3960/6 | from Ch. 111 1/2, par. 1156 | 20 ILCS 3960/8.5 | | 20 ILCS 3960/12 | from Ch. 111 1/2, par. 1162 | 20 ILCS 3960/12.2 | | 20 ILCS 3960/8.7 rep. | |
|
Amends the Illinois Health Facilities Planning Act. Restores the provisions that were amended by Public Act 101-83 to the form in which they existed before their amendment by Public Act 101-83. Effective immediately.
| |
| | |
| | A BILL FOR |
|
|
| | HB3813 | | LRB103 05823 DTM 50843 b |
|
|
| 1 | | AN ACT concerning State government.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Health Facilities Planning Act is |
| 5 | | amended by changing Sections 6, 8.5, 12, and 12.2 as follows:
|
| 6 | | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
|
| 7 | | (Section scheduled to be repealed on December 31, 2029)
|
| 8 | | Sec. 6. Application for permit or exemption; exemption |
| 9 | | regulations.
|
| 10 | | (a) An application for a permit or exemption shall be made |
| 11 | | to
the State Board upon forms provided by the State Board. This |
| 12 | | application
shall contain such information
as the State Board |
| 13 | | deems necessary. The State Board shall not require an |
| 14 | | applicant to file a Letter of Intent before an application is |
| 15 | | filed. Such
application shall include affirmative evidence on |
| 16 | | which the State
Board or Chairman may make its decision on the |
| 17 | | approval or denial of the permit or
exemption.
|
| 18 | | (b) The State Board shall establish by regulation the |
| 19 | | procedures and
requirements
regarding issuance of exemptions.
|
| 20 | | An exemption shall be approved when information required by |
| 21 | | the Board by rule
is submitted. Projects
eligible for an |
| 22 | | exemption, rather than a permit, include, but are not limited
|
| 23 | | to,
change of ownership of a health care facility, |
|
| | HB3813 | - 2 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | discontinuation of a category of service, and discontinuation |
| 2 | | of a health care facility and discontinuation of a category of |
| 3 | | service, other than a health care facility maintained by the |
| 4 | | State or any agency or department thereof or a nursing home |
| 5 | | maintained by a county. The Board may accept an application |
| 6 | | for an exemption for the discontinuation of a category of |
| 7 | | service at a health care facility only once in a 6-month period |
| 8 | | following (1) the previous application for exemption at the |
| 9 | | same health care facility or (2) the final decision of the |
| 10 | | Board regarding the discontinuation of a category of service |
| 11 | | at the same health care facility, whichever occurs later. A |
| 12 | | discontinuation of a category of service shall otherwise |
| 13 | | require an application for a permit if an application for an |
| 14 | | exemption has already been accepted within the 6-month period. |
| 15 | | For a change of
ownership among related persons of a health |
| 16 | | care
facility, the State Board shall provide by rule for an
|
| 17 | | expedited
process for obtaining an exemption in accordance |
| 18 | | with Section 8.5 of this Act. For the purposes of this Section, |
| 19 | | "change of ownership among related persons" means a |
| 20 | | transaction in which the parties to the transaction are under |
| 21 | | common control or ownership before and after the transaction |
| 22 | | is complete.
|
| 23 | | (c) All applications shall be signed by the applicant and |
| 24 | | shall be
verified by any 2 officers thereof.
|
| 25 | | (c-5) Any written review or findings of the Board staff |
| 26 | | set forth in the State Board Staff Report concerning an |
|
| | HB3813 | - 3 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | application for a permit must be made available to the public |
| 2 | | and the applicant at least 14 calendar days before the meeting |
| 3 | | of the State Board at which the review or findings are |
| 4 | | considered. The applicant and members of the public may |
| 5 | | submit, to the State Board, written responses regarding the |
| 6 | | facts set forth in the review or findings of the Board staff. |
| 7 | | Members of the public and the applicant shall have until 10 |
| 8 | | days before the meeting of the State Board to submit any |
| 9 | | written response concerning the Board staff's written review |
| 10 | | or findings. The Board staff may revise any findings to |
| 11 | | address corrections of factual errors cited in the public |
| 12 | | response. At the meeting, the State Board may, in its |
| 13 | | discretion, permit the submission of other additional written |
| 14 | | materials.
|
| 15 | | (d) Upon receipt of an application for a permit, the State |
| 16 | | Board shall
approve and authorize the issuance of a permit if |
| 17 | | it finds (1) that the
applicant is fit, willing, and able to |
| 18 | | provide a proper standard of
health care service for the |
| 19 | | community with particular regard to the
qualification, |
| 20 | | background and character of the applicant, (2) that
economic |
| 21 | | feasibility is demonstrated in terms of effect on the existing
|
| 22 | | and projected operating budget of the applicant and of the |
| 23 | | health care
facility; in terms of the applicant's ability to |
| 24 | | establish and operate
such facility in accordance with |
| 25 | | licensure regulations promulgated under
pertinent state laws; |
| 26 | | and in terms of the projected impact on the total
health care |
|
| | HB3813 | - 4 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | expenditures in the facility and community, (3) that
|
| 2 | | safeguards are provided that assure that the establishment,
|
| 3 | | construction or modification of the health care facility or |
| 4 | | acquisition
of major medical equipment is consistent
with the |
| 5 | | public interest, and (4) that the proposed project is |
| 6 | | consistent
with the orderly and economic
development of such |
| 7 | | facilities and equipment and is in accord with standards,
|
| 8 | | criteria, or plans of need adopted and approved pursuant to |
| 9 | | the
provisions of Section 12 of this Act.
|
| 10 | | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; |
| 11 | | 101-83, eff. 7-15-19.)
|
| 12 | | (20 ILCS 3960/8.5) |
| 13 | | (Section scheduled to be repealed on December 31, 2029) |
| 14 | | Sec. 8.5. Certificate of exemption for change of ownership |
| 15 | | of a health care facility; discontinuation of a health care |
| 16 | | facility or category of service; public notice and public |
| 17 | | hearing. |
| 18 | | (a) Upon a finding that an application for a change of |
| 19 | | ownership is complete, the State Board shall publish a legal |
| 20 | | notice on 3 consecutive days one day in a newspaper of general |
| 21 | | circulation in the area or community to be affected and afford |
| 22 | | the public an opportunity to request a hearing. If the |
| 23 | | application is for a facility located in a Metropolitan |
| 24 | | Statistical Area, an additional legal notice shall be |
| 25 | | published in a newspaper of limited circulation, if one |
|
| | HB3813 | - 5 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | exists, in the area in which the facility is located. If the |
| 2 | | newspaper of limited circulation is published on a daily |
| 3 | | basis, the additional legal notice shall be published on 3 |
| 4 | | consecutive days one day. The applicant shall pay the cost |
| 5 | | incurred by the Board in publishing the change of ownership |
| 6 | | notice in newspapers as required under this subsection. The |
| 7 | | legal notice shall also be posted on the Health Facilities and |
| 8 | | Services Review Board's web site and sent to the State |
| 9 | | Representative and State Senator of the district in which the |
| 10 | | health care facility is located. An application for change of |
| 11 | | ownership of a hospital shall not be deemed complete without a |
| 12 | | signed certification that for a period of 2 years after the |
| 13 | | change of ownership transaction is effective, the hospital |
| 14 | | will not adopt a charity care policy that is
more restrictive |
| 15 | | than the policy in effect during the year prior to the |
| 16 | | transaction. An application for a change of ownership need not |
| 17 | | contain signed transaction documents so long as it includes |
| 18 | | the following key terms of the transaction: names and |
| 19 | | background of the parties; structure of the transaction; the |
| 20 | | person who will be the licensed or certified entity after the |
| 21 | | transaction; the ownership or membership interests in such |
| 22 | | licensed or certified entity both prior to and after the |
| 23 | | transaction; fair market value of assets to be transferred; |
| 24 | | and the purchase price or other form of consideration to be |
| 25 | | provided for those assets. The issuance of the certificate of |
| 26 | | exemption shall be contingent upon the applicant submitting a |
|
| | HB3813 | - 6 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | statement to the Board within 90 days after the closing date of |
| 2 | | the transaction, or such longer period as provided by the |
| 3 | | Board, certifying that the change of ownership has been |
| 4 | | completed in accordance with the key terms contained in the |
| 5 | | application. If such key terms of the transaction change, a |
| 6 | | new application shall be required. |
| 7 | | Where a change of ownership is among related persons, and |
| 8 | | there are no other changes being proposed at the health care |
| 9 | | facility that would otherwise require a permit or exemption |
| 10 | | under this Act, the applicant shall submit an application |
| 11 | | consisting of a standard notice in a form set forth by the |
| 12 | | Board briefly explaining the reasons for the proposed change |
| 13 | | of ownership. Once such an application is submitted to the |
| 14 | | Board and reviewed by the Board staff, the Board Chair shall |
| 15 | | take action on an application for an exemption for a change of |
| 16 | | ownership among related persons within 45 days after the |
| 17 | | application has been deemed complete, provided the application |
| 18 | | meets the applicable standards under this Section. If the |
| 19 | | Board Chair has a conflict of interest or for other good cause, |
| 20 | | the Chair may request review by the Board. Notwithstanding any |
| 21 | | other provision of this Act, for purposes of this Section, a |
| 22 | | change of ownership among related persons means a transaction |
| 23 | | where the parties to the transaction are under common control |
| 24 | | or ownership before and after the transaction is completed. |
| 25 | | Nothing in this Act shall be construed as authorizing the |
| 26 | | Board to impose any conditions, obligations, or limitations, |
|
| | HB3813 | - 7 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | other than those required by this Section, with respect to the |
| 2 | | issuance of an exemption for a change of ownership, including, |
| 3 | | but not limited to, the time period before which a subsequent |
| 4 | | change of ownership of the health care facility could be |
| 5 | | sought, or the commitment to continue to offer for a specified |
| 6 | | time period any services currently offered by the health care |
| 7 | | facility. |
| 8 | | (a-3) (Blank). Upon a finding that an application to close |
| 9 | | a health care facility is complete, the State Board shall |
| 10 | | publish a legal notice on 3 consecutive days in a newspaper of |
| 11 | | general circulation in the area or community to be affected |
| 12 | | and afford the public an opportunity to request a hearing. If |
| 13 | | the application is for a facility located in a Metropolitan |
| 14 | | Statistical Area, an additional legal notice shall be |
| 15 | | published in a newspaper of limited circulation, if one |
| 16 | | exists, in the area in which the facility is located. If the |
| 17 | | newspaper of limited circulation is published on a daily |
| 18 | | basis, the additional legal notice shall be published on 3 |
| 19 | | consecutive days. The legal notice shall also be posted on the |
| 20 | | Health Facilities and Services Review Board's web site and |
| 21 | | sent to the State Representative and State Senator of the |
| 22 | | district in which the health care facility is located. In |
| 23 | | addition, the health care facility shall provide notice of |
| 24 | | closure to the local media that the health care facility would |
| 25 | | routinely notify about facility events. No later than 90 days |
| 26 | | after a discontinuation of a health facility, the applicant |
|
| | HB3813 | - 8 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | must submit a statement to the State Board certifying that the |
| 2 | | discontinuation is complete. |
| 3 | | (a-5) Upon a finding that an application to discontinue a |
| 4 | | category of service is complete and provides the requested |
| 5 | | information, as specified by the State Board, an exemption |
| 6 | | shall be issued. No later than 30 days after the issuance of |
| 7 | | the exemption, the health care facility must give written |
| 8 | | notice of the discontinuation of the category of service to |
| 9 | | the State Senator and State Representative serving the |
| 10 | | legislative district in which the health care facility is |
| 11 | | located. No later than 90 days after a discontinuation of a |
| 12 | | category of service, the applicant must submit a statement to |
| 13 | | the State Board certifying that the discontinuation is |
| 14 | | complete. |
| 15 | | (b) If a public hearing is requested, it shall be held at |
| 16 | | least 15 days but no more than 30 days after the date of |
| 17 | | publication of the legal notice in the community in which the |
| 18 | | facility is located. The hearing shall be held in the affected |
| 19 | | area or community in a place of reasonable size and |
| 20 | | accessibility and a full and complete written transcript of |
| 21 | | the proceedings shall be made. All interested persons |
| 22 | | attending the hearing shall be given a reasonable opportunity |
| 23 | | to present their positions in writing or orally. The applicant |
| 24 | | shall provide a summary or describe the proposed change of |
| 25 | | ownership of the proposal for distribution at the public |
| 26 | | hearing.
|
|
| | HB3813 | - 9 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | (c) For the purposes of this Section "newspaper of limited |
| 2 | | circulation" means a newspaper intended to serve a particular |
| 3 | | or defined population of a specific geographic area within a |
| 4 | | Metropolitan Statistical Area such as a municipality, town, |
| 5 | | village, township, or community area, but does not include |
| 6 | | publications of professional and trade associations. |
| 7 | | (d) The changes made to this Section by this amendatory |
| 8 | | Act of the 101st General Assembly shall apply to all |
| 9 | | applications submitted after the effective date of this |
| 10 | | amendatory Act of the 101st General Assembly. |
| 11 | | (Source: P.A. 100-201, eff. 8-18-17; 101-83, eff. 7-15-19.)
|
| 12 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
|
| 13 | | (Section scheduled to be repealed on December 31, 2029) |
| 14 | | Sec. 12. Powers and duties of State Board. For purposes of |
| 15 | | this Act,
the State Board
shall
exercise the following powers |
| 16 | | and duties:
|
| 17 | | (1) Prescribe rules,
regulations, standards, criteria, |
| 18 | | procedures or reviews which may vary
according to the purpose |
| 19 | | for which a particular review is being conducted
or the type of |
| 20 | | project reviewed and which are required to carry out the
|
| 21 | | provisions and purposes of this Act. Policies and procedures |
| 22 | | of the State Board shall take into consideration the |
| 23 | | priorities and needs of medically underserved areas and other |
| 24 | | health care services, giving special consideration to the |
| 25 | | impact of projects on access to safety net services.
|
|
| | HB3813 | - 10 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | (2) Adopt procedures for public
notice and hearing on all |
| 2 | | proposed rules, regulations, standards,
criteria, and plans |
| 3 | | required to carry out the provisions of this Act.
|
| 4 | | (3) (Blank).
|
| 5 | | (4) Develop criteria and standards for health care |
| 6 | | facilities planning,
conduct statewide inventories of health |
| 7 | | care facilities, maintain an updated
inventory on the Board's |
| 8 | | web site reflecting the
most recent bed and service
changes |
| 9 | | and updated need determinations when new census data become |
| 10 | | available
or new need formulae
are adopted,
and
develop health |
| 11 | | care facility plans which shall be utilized in the review of
|
| 12 | | applications for permit under
this Act. Such health facility |
| 13 | | plans shall be coordinated by the Board
with pertinent State |
| 14 | | Plans. Inventories pursuant to this Section of skilled or |
| 15 | | intermediate care facilities licensed under the Nursing Home |
| 16 | | Care Act, skilled or intermediate care facilities licensed |
| 17 | | under the ID/DD Community Care Act, skilled or intermediate |
| 18 | | care facilities licensed under the MC/DD Act, facilities |
| 19 | | licensed under the Specialized Mental Health Rehabilitation |
| 20 | | Act of 2013, or nursing homes licensed under the Hospital |
| 21 | | Licensing Act shall be conducted on an annual basis no later |
| 22 | | than July 1 of each year and shall include among the |
| 23 | | information requested a list of all services provided by a |
| 24 | | facility to its residents and to the community at large and |
| 25 | | differentiate between active and inactive beds.
|
| 26 | | In developing health care facility plans, the State Board |
|
| | HB3813 | - 11 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | shall consider,
but shall not be limited to, the following:
|
| 2 | | (a) The size, composition and growth of the population |
| 3 | | of the area
to be served;
|
| 4 | | (b) The number of existing and planned facilities |
| 5 | | offering similar
programs;
|
| 6 | | (c) The extent of utilization of existing facilities;
|
| 7 | | (d) The availability of facilities which may serve as |
| 8 | | alternatives
or substitutes;
|
| 9 | | (e) The availability of personnel necessary to the |
| 10 | | operation of the
facility;
|
| 11 | | (f) Multi-institutional planning and the establishment |
| 12 | | of
multi-institutional systems where feasible;
|
| 13 | | (g) The financial and economic feasibility of proposed |
| 14 | | construction
or modification; and
|
| 15 | | (h) In the case of health care facilities established |
| 16 | | by a religious
body or denomination, the needs of the |
| 17 | | members of such religious body or
denomination may be |
| 18 | | considered to be public need.
|
| 19 | | The health care facility plans which are developed and |
| 20 | | adopted in
accordance with this Section shall form the basis |
| 21 | | for the plan of the State
to deal most effectively with |
| 22 | | statewide health needs in regard to health
care facilities.
|
| 23 | | (5) Coordinate with other state agencies having |
| 24 | | responsibilities
affecting health care facilities, including |
| 25 | | those of licensure and cost
reporting.
|
| 26 | | (6) Solicit, accept, hold and administer on behalf of the |
|
| | HB3813 | - 12 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | State
any grants or bequests of money, securities or property |
| 2 | | for
use by the State Board in the administration of this Act; |
| 3 | | and enter into contracts
consistent with the appropriations |
| 4 | | for purposes enumerated in this Act.
|
| 5 | | (7) (Blank).
|
| 6 | | (8) Prescribe rules, regulations,
standards, and criteria |
| 7 | | for the conduct of an expeditious review of
applications
for |
| 8 | | permits for projects of construction or modification of a |
| 9 | | health care
facility, which projects are classified as |
| 10 | | emergency, substantive, or non-substantive in nature. |
| 11 | | Substantive projects shall include no more than the |
| 12 | | following: |
| 13 | | (a) Projects to construct (1) a new or replacement |
| 14 | | facility located on a new site or
(2) a replacement |
| 15 | | facility located on the same site as the original facility |
| 16 | | and the cost of the replacement facility exceeds the |
| 17 | | capital expenditure minimum, which shall be reviewed by |
| 18 | | the Board within 120 days; |
| 19 | | (b) Projects proposing a
(1) new service within an |
| 20 | | existing healthcare facility or
(2) discontinuation of a |
| 21 | | service within an existing healthcare facility, which |
| 22 | | shall be reviewed by the Board within 60 days; or |
| 23 | | (c) Projects proposing a change in the bed capacity of |
| 24 | | a health care facility by an increase in the total number |
| 25 | | of beds or by a redistribution of beds among various |
| 26 | | categories of service or by a relocation of beds from one |
|
| | HB3813 | - 13 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | physical facility or site to another by more than 20 beds |
| 2 | | or more than 10% of total bed capacity, as defined by the |
| 3 | | State Board, whichever is less, over a 2-year period. |
| 4 | | The Chairman may approve applications for exemption that |
| 5 | | meet the criteria set forth in rules or refer them to the full |
| 6 | | Board. The Chairman may approve any unopposed application that |
| 7 | | meets all of the review criteria or refer them to the full |
| 8 | | Board. |
| 9 | | Such rules shall
not prevent the conduct of a public |
| 10 | | hearing upon the timely request
of an interested party. Such |
| 11 | | reviews shall not exceed 60 days from the
date the application |
| 12 | | is declared to be complete.
|
| 13 | | (9) Prescribe rules, regulations,
standards, and criteria |
| 14 | | pertaining to the granting of permits for
construction
and |
| 15 | | modifications which are emergent in nature and must be |
| 16 | | undertaken
immediately to prevent or correct structural |
| 17 | | deficiencies or hazardous
conditions that may harm or injure |
| 18 | | persons using the facility, as defined
in the rules and |
| 19 | | regulations of the State Board. This procedure is exempt
from |
| 20 | | public hearing requirements of this Act.
|
| 21 | | (10) Prescribe rules,
regulations, standards and criteria |
| 22 | | for the conduct of an expeditious
review, not exceeding 60 |
| 23 | | days, of applications for permits for projects to
construct or |
| 24 | | modify health care facilities which are needed for the care
|
| 25 | | and treatment of persons who have acquired immunodeficiency |
| 26 | | syndrome (AIDS)
or related conditions.
|
|
| | HB3813 | - 14 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | (10.5) Provide its rationale when voting on an item before |
| 2 | | it at a State Board meeting in order to comply with subsection |
| 3 | | (b) of Section 3-108 of the Code of Civil Procedure. |
| 4 | | (11) Issue written decisions upon request of the applicant |
| 5 | | or an adversely affected party to the Board. Requests for a |
| 6 | | written decision shall be made within 15 days after the Board |
| 7 | | meeting in which a final decision has been made. A "final |
| 8 | | decision" for purposes of this Act is the decision to approve |
| 9 | | or deny an application, or take other actions permitted under |
| 10 | | this Act, at the time and date of the meeting that such action |
| 11 | | is scheduled by the Board. The transcript of the State Board |
| 12 | | meeting shall be incorporated into the Board's final decision. |
| 13 | | The staff of the Board shall prepare a written copy of the |
| 14 | | final decision and the Board shall approve a final copy for |
| 15 | | inclusion in the formal record. The Board shall consider, for |
| 16 | | approval, the written draft of the final decision no later |
| 17 | | than the next scheduled Board meeting. The written decision |
| 18 | | shall identify the applicable criteria and factors listed in |
| 19 | | this Act and the Board's regulations that were taken into |
| 20 | | consideration by the Board when coming to a final decision. If |
| 21 | | the Board denies or fails to approve an application for permit |
| 22 | | or exemption, the Board shall include in the final decision a |
| 23 | | detailed explanation as to why the application was denied and |
| 24 | | identify what specific criteria or standards the applicant did |
| 25 | | not fulfill. |
| 26 | | (12) (Blank). |
|
| | HB3813 | - 15 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | (13) Provide a mechanism for the public to comment on, and |
| 2 | | request changes to, draft rules and standards. |
| 3 | | (14) Implement public information campaigns to regularly |
| 4 | | inform the general public about the opportunity for public |
| 5 | | hearings and public hearing procedures. |
| 6 | | (15) Establish a separate set of rules and guidelines for |
| 7 | | long-term care that recognizes that nursing homes are a |
| 8 | | different business line and service model from other regulated |
| 9 | | facilities. An open and transparent process shall be developed |
| 10 | | that considers the following: how skilled nursing fits in the |
| 11 | | continuum of care with other care providers, modernization of |
| 12 | | nursing homes, establishment of more private rooms, |
| 13 | | development of alternative services, and current trends in |
| 14 | | long-term care services.
The Chairman of the Board shall |
| 15 | | appoint a permanent Health Services Review Board Long-term |
| 16 | | Care Facility Advisory Subcommittee that shall develop and |
| 17 | | recommend to the Board the rules to be established by the Board |
| 18 | | under this paragraph (15). The Subcommittee shall also provide |
| 19 | | continuous review and commentary on policies and procedures |
| 20 | | relative to long-term care and the review of related projects. |
| 21 | | The Subcommittee shall make recommendations to the Board no |
| 22 | | later than January 1, 2016 and every January thereafter |
| 23 | | pursuant to the Subcommittee's responsibility for the |
| 24 | | continuous review and commentary on policies and procedures |
| 25 | | relative to long-term care. In consultation with other experts |
| 26 | | from the health field of long-term care, the Board and the |
|
| | HB3813 | - 16 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | Subcommittee shall study new approaches to the current bed |
| 2 | | need formula and Health Service Area boundaries to encourage |
| 3 | | flexibility and innovation in design models reflective of the |
| 4 | | changing long-term care marketplace and consumer preferences |
| 5 | | and submit its recommendations to the Chairman of the Board no |
| 6 | | later than January 1, 2017. The Subcommittee shall evaluate, |
| 7 | | and make recommendations to the State Board regarding, the |
| 8 | | buying, selling, and exchange of beds between long-term care |
| 9 | | facilities within a specified geographic area or drive time. |
| 10 | | The Board shall file the proposed related administrative rules |
| 11 | | for the separate rules and guidelines for long-term care |
| 12 | | required by this paragraph (15) by no later than September 30, |
| 13 | | 2011. The Subcommittee shall be provided a reasonable and |
| 14 | | timely opportunity to review and comment on any review, |
| 15 | | revision, or updating of the criteria, standards, procedures, |
| 16 | | and rules used to evaluate project applications as provided |
| 17 | | under Section 12.3 of this Act. |
| 18 | | The Chairman of the Board shall appoint voting members of |
| 19 | | the Subcommittee, who shall serve for a period of 3 years, with |
| 20 | | one-third of the terms expiring each January, to be determined |
| 21 | | by lot. Appointees shall include, but not be limited to, |
| 22 | | recommendations from each of the 3 statewide long-term care |
| 23 | | associations, with an equal number to be appointed from each. |
| 24 | | Compliance with this provision shall be through the |
| 25 | | appointment and reappointment process. All appointees serving |
| 26 | | as of April 1, 2015 shall serve to the end of their term as |
|
| | HB3813 | - 17 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | determined by lot or until the appointee voluntarily resigns, |
| 2 | | whichever is earlier. |
| 3 | | One representative from the Department of Public Health, |
| 4 | | the Department of Healthcare and Family Services, the |
| 5 | | Department on Aging, and the Department of Human Services may |
| 6 | | each serve as an ex-officio non-voting member of the |
| 7 | | Subcommittee. The Chairman of the Board shall select a |
| 8 | | Subcommittee Chair, who shall serve for a period of 3 years. |
| 9 | | (16) Prescribe the format of the State Board Staff Report. |
| 10 | | A State Board Staff Report shall pertain to applications that |
| 11 | | include, but are not limited to, applications for permit or |
| 12 | | exemption, applications for permit renewal, applications for |
| 13 | | extension of the financial commitment period, applications |
| 14 | | requesting a declaratory ruling, or applications under the |
| 15 | | Health Care Worker Self-Referral Act. State Board Staff |
| 16 | | Reports shall compare applications to the relevant review |
| 17 | | criteria under the Board's rules. |
| 18 | | (17) Establish a separate set of rules and guidelines for |
| 19 | | facilities licensed under the Specialized Mental Health |
| 20 | | Rehabilitation Act of 2013. An application for the |
| 21 | | re-establishment of a facility in connection with the |
| 22 | | relocation of the facility shall not be granted unless the |
| 23 | | applicant has a contractual relationship with at least one |
| 24 | | hospital to provide emergency and inpatient mental health |
| 25 | | services required by facility consumers, and at least one |
| 26 | | community mental health agency to provide oversight and |
|
| | HB3813 | - 18 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | assistance to facility consumers while living in the facility, |
| 2 | | and appropriate services, including case management, to assist |
| 3 | | them to prepare for discharge and reside stably in the |
| 4 | | community thereafter. No new facilities licensed under the |
| 5 | | Specialized Mental Health Rehabilitation Act of 2013 shall be |
| 6 | | established after June 16, 2014 (the effective date of Public |
| 7 | | Act 98-651) except in connection with the relocation of an |
| 8 | | existing facility to a new location. An application for a new |
| 9 | | location shall not be approved unless there are adequate |
| 10 | | community services accessible to the consumers within a |
| 11 | | reasonable distance, or by use of public transportation, so as |
| 12 | | to facilitate the goal of achieving maximum individual |
| 13 | | self-care and independence. At no time shall the total number |
| 14 | | of authorized beds under this Act in facilities licensed under |
| 15 | | the Specialized Mental Health Rehabilitation Act of 2013 |
| 16 | | exceed the number of authorized beds on June 16, 2014 (the |
| 17 | | effective date of Public Act 98-651). |
| 18 | | (18) Elect a Vice Chairman to preside over State Board |
| 19 | | meetings and otherwise act in place of the Chairman when the |
| 20 | | Chairman is unavailable. |
| 21 | | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; |
| 22 | | 101-83, eff. 7-15-19.)
|
| 23 | | (20 ILCS 3960/12.2)
|
| 24 | | (Section scheduled to be repealed on December 31, 2029)
|
| 25 | | Sec. 12.2. Powers of the State Board staff. For purposes |
|
| | HB3813 | - 19 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | of this Act,
the staff shall exercise the following powers and |
| 2 | | duties:
|
| 3 | | (1) Review applications for permits and exemptions in |
| 4 | | accordance with the
standards, criteria, and plans of need |
| 5 | | established by the State Board under
this Act and certify |
| 6 | | its finding to the State Board.
|
| 7 | | (1.5) Post the following on the Board's web site: |
| 8 | | relevant (i)
rules,
(ii)
standards, (iii)
criteria, (iv) |
| 9 | | State norms, (v) references used by Board staff in making
|
| 10 | | determinations about whether application criteria are met, |
| 11 | | and (vi) notices of
project-related filings, including |
| 12 | | notice of public comments related to the
application.
|
| 13 | | (2) Charge and collect an amount determined by the |
| 14 | | State Board and the staff to be
reasonable fees for the |
| 15 | | processing of applications by the State Board.
The State |
| 16 | | Board shall set the amounts by rule. Application fees for |
| 17 | | continuing care retirement communities, and other health |
| 18 | | care models that include regulated and unregulated |
| 19 | | components, shall apply only to those components subject |
| 20 | | to regulation under this Act. All fees and fines
collected |
| 21 | | under the provisions of this Act shall be deposited
into |
| 22 | | the Illinois Health Facilities Planning Fund to be used |
| 23 | | for the
expenses of administering this Act.
|
| 24 | | (2.1) Publish the following reports on the State Board |
| 25 | | website: |
| 26 | | (A) An annual accounting, aggregated by category |
|
| | HB3813 | - 20 - | LRB103 05823 DTM 50843 b |
|
|
|
| 1 | | and with names of parties redacted, of fees, fines, |
| 2 | | and other revenue collected as well as expenses |
| 3 | | incurred, in the administration of this Act. |
| 4 | | (B) An annual report, with names of the parties |
| 5 | | redacted, that summarizes all settlement agreements |
| 6 | | entered into with the State Board that resolve an |
| 7 | | alleged instance of noncompliance with State Board |
| 8 | | requirements under this Act. |
| 9 | | (C) (Blank). |
| 10 | | (D) Board reports showing the degree to which an |
| 11 | | application conforms to the review standards, a |
| 12 | | summation of relevant public testimony, and any |
| 13 | | additional information that staff wants to |
| 14 | | communicate. |
| 15 | | (3) Coordinate with other State agencies having |
| 16 | | responsibilities
affecting
health care facilities, |
| 17 | | including licensure and cost reporting agencies.
|
| 18 | | (4) Issue advisory opinions upon request. Staff |
| 19 | | advisory opinions do not constitute determinations by the |
| 20 | | State Board. Determinations by the State Board are made |
| 21 | | through the declaratory ruling process. |
| 22 | | (Source: P.A. 100-681, eff. 8-3-18; 101-83, eff. 7-15-19.)
|
| 23 | | (20 ILCS 3960/8.7 rep.) |
| 24 | | Section 10. The Illinois Health Facilities Planning Act is |
| 25 | | amended by repealing Section 8.7.
|