Bill Text: IL HB4563 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Health Facilities Planning Act. Provides that no facility licensed under the ID/DD Community Care Act shall be subject to the provisions of the Illinois Health Facilities Planning Act. Makes conforming changes to delete references to the ID/DD Community Care Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0980 [HB4563 Detail]
Download: Illinois-2011-HB4563-Introduced.html
Bill Title: Amends the Illinois Health Facilities Planning Act. Provides that no facility licensed under the ID/DD Community Care Act shall be subject to the provisions of the Illinois Health Facilities Planning Act. Makes conforming changes to delete references to the ID/DD Community Care Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0980 [HB4563 Detail]
Download: Illinois-2011-HB4563-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Health Facilities Planning Act is | |||||||||||||||||||||||||
5 | amended by changing Sections 3, 12, 13, and 14.1 as follows:
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6 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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7 | (Section scheduled to be repealed on December 31, 2019) | |||||||||||||||||||||||||
8 | Sec. 3. Definitions. As used in this Act:
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9 | "Health care facilities" means and includes
the following | |||||||||||||||||||||||||
10 | facilities and organizations:
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11 | 1. An ambulatory surgical treatment center required to | |||||||||||||||||||||||||
12 | be licensed
pursuant to the Ambulatory Surgical Treatment | |||||||||||||||||||||||||
13 | Center Act;
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14 | 2. An institution, place, building, or agency required | |||||||||||||||||||||||||
15 | to be licensed
pursuant to the Hospital Licensing Act;
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16 | 3. Skilled and intermediate long term care facilities | |||||||||||||||||||||||||
17 | licensed under the
Nursing
Home Care Act;
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18 | 3.5. (Blank) Skilled and intermediate care facilities | |||||||||||||||||||||||||
19 | licensed under the ID/DD Community Care Act ; | |||||||||||||||||||||||||
20 | 3.7. Facilities licensed under the Specialized Mental | |||||||||||||||||||||||||
21 | Health Rehabilitation Act;
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22 | 4. Hospitals, nursing homes, ambulatory surgical | |||||||||||||||||||||||||
23 | treatment centers, or
kidney disease treatment centers
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1 | maintained by the State or any department or agency | ||||||
2 | thereof;
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3 | 5. Kidney disease treatment centers, including a | ||||||
4 | free-standing
hemodialysis unit required to be licensed | ||||||
5 | under the End Stage Renal Disease Facility Act;
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6 | 6. An institution, place, building, or room used for | ||||||
7 | the performance of
outpatient surgical procedures that is | ||||||
8 | leased, owned, or operated by or on
behalf of an | ||||||
9 | out-of-state facility;
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10 | 7. An institution, place, building, or room used for | ||||||
11 | provision of a health care category of service as defined | ||||||
12 | by the Board, including, but not limited to, cardiac | ||||||
13 | catheterization and open heart surgery; and | ||||||
14 | 8. An institution, place, building, or room used for | ||||||
15 | provision of major medical equipment used in the direct | ||||||
16 | clinical diagnosis or treatment of patients, and whose | ||||||
17 | project cost is in excess of the capital expenditure | ||||||
18 | minimum. | ||||||
19 | This Act shall not apply to the construction of any new | ||||||
20 | facility or the renovation of any existing facility located on | ||||||
21 | any campus facility as defined in Section 5-5.8b of the | ||||||
22 | Illinois Public Aid Code, provided that the campus facility | ||||||
23 | encompasses 30 or more contiguous acres and that the new or | ||||||
24 | renovated facility is intended for use by a licensed | ||||||
25 | residential facility. | ||||||
26 | No federally owned facility shall be subject to the |
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1 | provisions of this
Act, nor facilities used solely for healing | ||||||
2 | by prayer or spiritual means.
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3 | No facility licensed under the Supportive Residences | ||||||
4 | Licensing Act or the
Assisted Living and Shared Housing Act
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5 | shall be subject to the provisions of this Act.
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6 | No facility licensed under the ID/DD Community Care Act | ||||||
7 | shall be subject to the provisions of this Act. | ||||||
8 | No facility established and operating under the | ||||||
9 | Alternative Health Care Delivery Act as a children's respite | ||||||
10 | care center alternative health care model demonstration | ||||||
11 | program or as an Alzheimer's Disease Management Center | ||||||
12 | alternative health care model demonstration program shall be | ||||||
13 | subject to the provisions of this Act. | ||||||
14 | A facility designated as a supportive living facility that | ||||||
15 | is in good
standing with the program
established under Section | ||||||
16 | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | ||||||
17 | the provisions of this
Act.
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18 | This Act does not apply to facilities granted waivers under | ||||||
19 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
20 | demonstration project under that
Act applies for a certificate
| ||||||
21 | of need to convert to a nursing facility, it shall meet the | ||||||
22 | licensure and
certificate of need requirements in effect as of | ||||||
23 | the date of application. | ||||||
24 | This Act does not apply to a dialysis facility that | ||||||
25 | provides only dialysis training, support, and related services | ||||||
26 | to individuals with end stage renal disease who have elected to |
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1 | receive home dialysis. This Act does not apply to a dialysis | ||||||
2 | unit located in a licensed nursing home that offers or provides | ||||||
3 | dialysis-related services to residents with end stage renal | ||||||
4 | disease who have elected to receive home dialysis within the | ||||||
5 | nursing home. The Board, however, may require these dialysis | ||||||
6 | facilities and licensed nursing homes to report statistical | ||||||
7 | information on a quarterly basis to the Board to be used by the | ||||||
8 | Board to conduct analyses on the need for proposed kidney | ||||||
9 | disease treatment centers.
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10 | This Act shall not apply to the closure of an entity or a | ||||||
11 | portion of an
entity licensed under the Nursing Home Care Act | ||||||
12 | or , the Specialized Mental Health Rehabilitation Act, or the | ||||||
13 | MR/DD Community Care Act, with the exceptions of facilities | ||||||
14 | operated by a county or Illinois Veterans Homes, that elects to | ||||||
15 | convert, in
whole or in part, to an assisted living or shared | ||||||
16 | housing establishment
licensed under the Assisted Living and | ||||||
17 | Shared Housing Act.
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18 | This Act does not apply to any change of ownership of a | ||||||
19 | healthcare facility that is licensed under the Nursing Home | ||||||
20 | Care Act or , the Specialized Mental Health Rehabilitation Act, | ||||||
21 | or the ID/DD Community Care Act, with the exceptions of | ||||||
22 | facilities operated by a county or Illinois Veterans Homes. | ||||||
23 | Changes of ownership of facilities licensed under the Nursing | ||||||
24 | Home Care Act must meet the requirements set forth in Sections | ||||||
25 | 3-101 through 3-119 of the Nursing Home Care Act.
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26 | With the exception of those health care facilities |
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1 | specifically
included in this Section, nothing in this Act | ||||||
2 | shall be intended to
include facilities operated as a part of | ||||||
3 | the practice of a physician or
other licensed health care | ||||||
4 | professional, whether practicing in his
individual capacity or | ||||||
5 | within the legal structure of any partnership,
medical or | ||||||
6 | professional corporation, or unincorporated medical or
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7 | professional group. Further, this Act shall not apply to | ||||||
8 | physicians or
other licensed health care professional's | ||||||
9 | practices where such practices
are carried out in a portion of | ||||||
10 | a health care facility under contract
with such health care | ||||||
11 | facility by a physician or by other licensed
health care | ||||||
12 | professionals, whether practicing in his individual capacity
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13 | or within the legal structure of any partnership, medical or
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14 | professional corporation, or unincorporated medical or | ||||||
15 | professional
groups. This Act shall apply to construction or
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16 | modification and to establishment by such health care facility | ||||||
17 | of such
contracted portion which is subject to facility | ||||||
18 | licensing requirements,
irrespective of the party responsible | ||||||
19 | for such action or attendant
financial obligation.
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20 | "Person" means any one or more natural persons, legal | ||||||
21 | entities,
governmental bodies other than federal, or any | ||||||
22 | combination thereof.
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23 | "Consumer" means any person other than a person (a) whose | ||||||
24 | major
occupation currently involves or whose official capacity | ||||||
25 | within the last
12 months has involved the providing, | ||||||
26 | administering or financing of any
type of health care facility, |
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1 | (b) who is engaged in health research or
the teaching of | ||||||
2 | health, (c) who has a material financial interest in any
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3 | activity which involves the providing, administering or | ||||||
4 | financing of any
type of health care facility, or (d) who is or | ||||||
5 | ever has been a member of
the immediate family of the person | ||||||
6 | defined by (a), (b), or (c).
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7 | "State Board" or "Board" means the Health Facilities and | ||||||
8 | Services Review Board.
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9 | "Construction or modification" means the establishment, | ||||||
10 | erection,
building, alteration, reconstruction, modernization, | ||||||
11 | improvement,
extension, discontinuation, change of ownership, | ||||||
12 | of or by a health care
facility, or the purchase or acquisition | ||||||
13 | by or through a health care facility
of
equipment or service | ||||||
14 | for diagnostic or therapeutic purposes or for
facility | ||||||
15 | administration or operation, or any capital expenditure made by
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16 | or on behalf of a health care facility which
exceeds the | ||||||
17 | capital expenditure minimum; however, any capital expenditure
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18 | made by or on behalf of a health care facility for (i) the | ||||||
19 | construction or
modification of a facility licensed under the | ||||||
20 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
21 | project undertaken in accordance with Section 30 of the Older | ||||||
22 | Adult Services Act shall be excluded from any obligations under | ||||||
23 | this Act.
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24 | "Establish" means the construction of a health care | ||||||
25 | facility or the
replacement of an existing facility on another | ||||||
26 | site or the initiation of a category of service as defined by |
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1 | the Board.
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2 | "Major medical equipment" means medical equipment which is | ||||||
3 | used for the
provision of medical and other health services and | ||||||
4 | which costs in excess
of the capital expenditure minimum, | ||||||
5 | except that such term does not include
medical equipment | ||||||
6 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
7 | clinical laboratory
services if the clinical laboratory is | ||||||
8 | independent of a physician's office
and a hospital and it has | ||||||
9 | been determined under Title XVIII of the Social
Security Act to | ||||||
10 | meet the requirements of paragraphs (10) and (11) of Section
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11 | 1861(s) of such Act. In determining whether medical equipment | ||||||
12 | has a value
in excess of the capital expenditure minimum, the | ||||||
13 | value of studies, surveys,
designs, plans, working drawings, | ||||||
14 | specifications, and other activities
essential to the | ||||||
15 | acquisition of such equipment shall be included.
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16 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
17 | on behalf of
a health care facility (as such a facility is | ||||||
18 | defined in this Act); and
(B) which under generally accepted | ||||||
19 | accounting principles is not properly
chargeable as an expense | ||||||
20 | of operation and maintenance, or is made to obtain
by lease or | ||||||
21 | comparable arrangement any facility or part thereof or any
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22 | equipment for a facility or part; and which exceeds the capital | ||||||
23 | expenditure
minimum.
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24 | For the purpose of this paragraph, the cost of any studies, | ||||||
25 | surveys, designs,
plans, working drawings, specifications, and | ||||||
26 | other activities essential
to the acquisition, improvement, |
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1 | expansion, or replacement of any plant
or equipment with | ||||||
2 | respect to which an expenditure is made shall be included
in | ||||||
3 | determining if such expenditure exceeds the capital | ||||||
4 | expenditures minimum.
Unless otherwise interdependent, or | ||||||
5 | submitted as one project by the applicant, components of | ||||||
6 | construction or modification undertaken by means of a single | ||||||
7 | construction contract or financed through the issuance of a | ||||||
8 | single debt instrument shall not be grouped together as one | ||||||
9 | project. Donations of equipment
or facilities to a health care | ||||||
10 | facility which if acquired directly by such
facility would be | ||||||
11 | subject to review under this Act shall be considered capital
| ||||||
12 | expenditures, and a transfer of equipment or facilities for | ||||||
13 | less than fair
market value shall be considered a capital | ||||||
14 | expenditure for purposes of this
Act if a transfer of the | ||||||
15 | equipment or facilities at fair market value would
be subject | ||||||
16 | to review.
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17 | "Capital expenditure minimum" means $11,500,000 for | ||||||
18 | projects by hospital applicants, $6,500,000 for applicants for | ||||||
19 | projects related to skilled and intermediate care long-term | ||||||
20 | care facilities licensed under the Nursing Home Care Act, and | ||||||
21 | $3,000,000 for projects by all other applicants, which shall be | ||||||
22 | annually
adjusted to reflect the increase in construction costs | ||||||
23 | due to inflation, for major medical equipment and for all other
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24 | capital expenditures.
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25 | "Non-clinical service area" means an area (i) for the | ||||||
26 | benefit of the
patients, visitors, staff, or employees of a |
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1 | health care facility and (ii) not
directly related to the | ||||||
2 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
3 | services from the health care facility. "Non-clinical service | ||||||
4 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
5 | news stands; computer
systems; tunnels, walkways, and | ||||||
6 | elevators; telephone systems; projects to
comply with life | ||||||
7 | safety codes; educational facilities; student housing;
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8 | patient, employee, staff, and visitor dining areas; | ||||||
9 | administration and
volunteer offices; modernization of | ||||||
10 | structural components (such as roof
replacement and masonry | ||||||
11 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
12 | storage facilities; parking facilities; mechanical systems for
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13 | heating, ventilation, and air conditioning; loading docks; and | ||||||
14 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
15 | window coverings or treatments,
or furniture. Solely for the | ||||||
16 | purpose of this definition, "non-clinical service
area" does | ||||||
17 | not include health and fitness centers.
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18 | "Areawide" means a major area of the State delineated on a
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19 | geographic, demographic, and functional basis for health | ||||||
20 | planning and
for health service and having within it one or | ||||||
21 | more local areas for
health planning and health service. The | ||||||
22 | term "region", as contrasted
with the term "subregion", and the | ||||||
23 | word "area" may be used synonymously
with the term "areawide".
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24 | "Local" means a subarea of a delineated major area that on | ||||||
25 | a
geographic, demographic, and functional basis may be | ||||||
26 | considered to be
part of such major area. The term "subregion" |
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1 | may be used synonymously
with the term "local".
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2 | "Physician" means a person licensed to practice in | ||||||
3 | accordance with
the Medical Practice Act of 1987, as amended.
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4 | "Licensed health care professional" means a person | ||||||
5 | licensed to
practice a health profession under pertinent | ||||||
6 | licensing statutes of the
State of Illinois.
| ||||||
7 | "Director" means the Director of the Illinois Department of | ||||||
8 | Public Health.
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9 | "Agency" means the Illinois Department of Public Health.
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10 | "Alternative health care model" means a facility or program | ||||||
11 | authorized
under the Alternative Health Care Delivery Act.
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12 | "Out-of-state facility" means a person that is both (i) | ||||||
13 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
14 | the laws of another state
or that
qualifies as a hospital or an | ||||||
15 | ambulatory surgery center under regulations
adopted pursuant | ||||||
16 | to the Social Security Act and (ii) not licensed under the
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17 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
18 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
19 | out-of-state facilities shall be
considered out-of-state | ||||||
20 | facilities. Affiliates of Illinois licensed health
care | ||||||
21 | facilities 100% owned by an Illinois licensed health care | ||||||
22 | facility, its
parent, or Illinois physicians licensed to | ||||||
23 | practice medicine in all its
branches shall not be considered | ||||||
24 | out-of-state facilities. Nothing in
this definition shall be
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25 | construed to include an office or any part of an office of a | ||||||
26 | physician licensed
to practice medicine in all its branches in |
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1 | Illinois that is not required to be
licensed under the | ||||||
2 | Ambulatory Surgical Treatment Center Act.
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3 | "Change of ownership of a health care facility" means a | ||||||
4 | change in the
person
who has ownership or
control of a health | ||||||
5 | care facility's physical plant and capital assets. A change
in | ||||||
6 | ownership is indicated by
the following transactions: sale, | ||||||
7 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
8 | means of
transferring control.
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9 | "Related person" means any person that: (i) is at least 50% | ||||||
10 | owned, directly
or indirectly, by
either the health care | ||||||
11 | facility or a person owning, directly or indirectly, at
least | ||||||
12 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
13 | indirectly, at least 50% of the
health care facility.
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14 | "Charity care" means care provided by a health care | ||||||
15 | facility for which the provider does not expect to receive | ||||||
16 | payment from the patient or a third-party payer. | ||||||
17 | "Freestanding emergency center" means a facility subject | ||||||
18 | to licensure under Section 32.5 of the Emergency Medical | ||||||
19 | Services (EMS) Systems Act. | ||||||
20 | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | ||||||
21 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; | ||||||
22 | revised 9-7-11.)
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23 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||||||
24 | (Section scheduled to be repealed on December 31, 2019) | ||||||
25 | Sec. 12. Powers and duties of State Board. For purposes of |
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1 | this Act,
the State Board
shall
exercise the following powers | ||||||
2 | and duties:
| ||||||
3 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
4 | procedures or reviews which may vary
according to the purpose | ||||||
5 | for which a particular review is being conducted
or the type of | ||||||
6 | project reviewed and which are required to carry out the
| ||||||
7 | provisions and purposes of this Act. Policies and procedures of | ||||||
8 | the State Board shall take into consideration the priorities | ||||||
9 | and needs of medically underserved areas and other health care | ||||||
10 | services identified through the comprehensive health planning | ||||||
11 | process, giving special consideration to the impact of projects | ||||||
12 | on access to safety net services.
| ||||||
13 | (2) Adopt procedures for public
notice and hearing on all | ||||||
14 | proposed rules, regulations, standards,
criteria, and plans | ||||||
15 | required to carry out the provisions of this Act.
| ||||||
16 | (3) (Blank).
| ||||||
17 | (4) Develop criteria and standards for health care | ||||||
18 | facilities planning,
conduct statewide inventories of health | ||||||
19 | care facilities, maintain an updated
inventory on the Board's | ||||||
20 | web site reflecting the
most recent bed and service
changes and | ||||||
21 | updated need determinations when new census data become | ||||||
22 | available
or new need formulae
are adopted,
and
develop health | ||||||
23 | care facility plans which shall be utilized in the review of
| ||||||
24 | applications for permit under
this Act. Such health facility | ||||||
25 | plans shall be coordinated by the Board
with pertinent State | ||||||
26 | Plans. Inventories pursuant to this Section of skilled or |
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| |||||||
1 | intermediate care facilities licensed under the Nursing Home | ||||||
2 | Care Act, skilled or intermediate care facilities licensed | ||||||
3 | under the ID/DD Community Care Act, facilities licensed under | ||||||
4 | the Specialized Mental Health Rehabilitation Act, or nursing | ||||||
5 | homes licensed under the Hospital Licensing Act shall be | ||||||
6 | conducted on an annual basis no later than July 1 of each year | ||||||
7 | and shall include among the information requested a list of all | ||||||
8 | services provided by a facility to its residents and to the | ||||||
9 | community at large and differentiate between active and | ||||||
10 | inactive beds.
| ||||||
11 | In developing health care facility plans, the State Board | ||||||
12 | shall consider,
but shall not be limited to, the following:
| ||||||
13 | (a) The size, composition and growth of the population | ||||||
14 | of the area
to be served;
| ||||||
15 | (b) The number of existing and planned facilities | ||||||
16 | offering similar
programs;
| ||||||
17 | (c) The extent of utilization of existing facilities;
| ||||||
18 | (d) The availability of facilities which may serve as | ||||||
19 | alternatives
or substitutes;
| ||||||
20 | (e) The availability of personnel necessary to the | ||||||
21 | operation of the
facility;
| ||||||
22 | (f) Multi-institutional planning and the establishment | ||||||
23 | of
multi-institutional systems where feasible;
| ||||||
24 | (g) The financial and economic feasibility of proposed | ||||||
25 | construction
or modification; and
| ||||||
26 | (h) In the case of health care facilities established |
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| |||||||
1 | by a religious
body or denomination, the needs of the | ||||||
2 | members of such religious body or
denomination may be | ||||||
3 | considered to be public need.
| ||||||
4 | The health care facility plans which are developed and | ||||||
5 | adopted in
accordance with this Section shall form the basis | ||||||
6 | for the plan of the State
to deal most effectively with | ||||||
7 | statewide health needs in regard to health
care facilities.
| ||||||
8 | (5) Coordinate with the Center for Comprehensive Health | ||||||
9 | Planning and other state agencies having responsibilities
| ||||||
10 | affecting health care facilities, including those of licensure | ||||||
11 | and cost
reporting.
| ||||||
12 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
13 | State
any grants or bequests of money, securities or property | ||||||
14 | for
use by the State Board or Center for Comprehensive Health | ||||||
15 | Planning in the administration of this Act; and enter into | ||||||
16 | contracts
consistent with the appropriations for purposes | ||||||
17 | enumerated in this Act.
| ||||||
18 | (7) The State Board shall prescribe procedures for review, | ||||||
19 | standards,
and criteria which shall be utilized
to make | ||||||
20 | periodic reviews and determinations of the appropriateness
of | ||||||
21 | any existing health services being rendered by health care | ||||||
22 | facilities
subject to the Act. The State Board shall consider | ||||||
23 | recommendations of the
Board in making its
determinations.
| ||||||
24 | (8) Prescribe, in consultation
with the Center for | ||||||
25 | Comprehensive Health Planning, rules, regulations,
standards, | ||||||
26 | and criteria for the conduct of an expeditious review of
|
| |||||||
| |||||||
1 | applications
for permits for projects of construction or | ||||||
2 | modification of a health care
facility, which projects are | ||||||
3 | classified as emergency, substantive, or non-substantive in | ||||||
4 | nature. | ||||||
5 | Six months after June 30, 2009 (the effective date of | ||||||
6 | Public Act 96-31), substantive projects shall include no more | ||||||
7 | than the following: | ||||||
8 | (a) Projects to construct (1) a new or replacement | ||||||
9 | facility located on a new site or
(2) a replacement | ||||||
10 | facility located on the same site as the original facility | ||||||
11 | and the cost of the replacement facility exceeds the | ||||||
12 | capital expenditure minimum; | ||||||
13 | (b) Projects proposing a
(1) new service or
(2) | ||||||
14 | discontinuation of a service, which shall be reviewed by | ||||||
15 | the Board within 60 days; or | ||||||
16 | (c) Projects proposing a change in the bed capacity of | ||||||
17 | a health care facility by an increase in the total number | ||||||
18 | of beds or by a redistribution of beds among various | ||||||
19 | categories of service or by a relocation of beds from one | ||||||
20 | physical facility or site to another by more than 20 beds | ||||||
21 | or more than 10% of total bed capacity, as defined by the | ||||||
22 | State Board, whichever is less, over a 2-year period. | ||||||
23 | The Chairman may approve applications for exemption that | ||||||
24 | meet the criteria set forth in rules or refer them to the full | ||||||
25 | Board. The Chairman may approve any unopposed application that | ||||||
26 | meets all of the review criteria or refer them to the full |
| |||||||
| |||||||
1 | Board. | ||||||
2 | Such rules shall
not abridge the right of the Center for | ||||||
3 | Comprehensive Health Planning to make
recommendations on the | ||||||
4 | classification and approval of projects, nor shall
such rules | ||||||
5 | prevent the conduct of a public hearing upon the timely request
| ||||||
6 | of an interested party. Such reviews shall not exceed 60 days | ||||||
7 | from the
date the application is declared to be complete.
| ||||||
8 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
9 | pertaining to the granting of permits for
construction
and | ||||||
10 | modifications which are emergent in nature and must be | ||||||
11 | undertaken
immediately to prevent or correct structural | ||||||
12 | deficiencies or hazardous
conditions that may harm or injure | ||||||
13 | persons using the facility, as defined
in the rules and | ||||||
14 | regulations of the State Board. This procedure is exempt
from | ||||||
15 | public hearing requirements of this Act.
| ||||||
16 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
17 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
18 | days, of applications for permits for projects to
construct or | ||||||
19 | modify health care facilities which are needed for the care
and | ||||||
20 | treatment of persons who have acquired immunodeficiency | ||||||
21 | syndrome (AIDS)
or related conditions.
| ||||||
22 | (11) Issue written decisions upon request of the applicant | ||||||
23 | or an adversely affected party to the Board within 30 days of | ||||||
24 | the meeting in which a final decision has been made. A "final | ||||||
25 | decision" for purposes of this Act is the decision to approve | ||||||
26 | or deny an application, or take other actions permitted under |
| |||||||
| |||||||
1 | this Act, at the time and date of the meeting that such action | ||||||
2 | is scheduled by the Board. The staff of the State Board shall | ||||||
3 | prepare a written copy of the final decision and the State | ||||||
4 | Board shall approve a final copy for inclusion in the formal | ||||||
5 | record. | ||||||
6 | (12) Require at least one of its members to participate in | ||||||
7 | any public hearing, after the appointment of the 9 members to | ||||||
8 | the Board. | ||||||
9 | (13) Provide a mechanism for the public to comment on, and | ||||||
10 | request changes to, draft rules and standards. | ||||||
11 | (14) Implement public information campaigns to regularly | ||||||
12 | inform the general public about the opportunity for public | ||||||
13 | hearings and public hearing procedures. | ||||||
14 | (15) Establish a separate set of rules and guidelines for | ||||||
15 | long-term care that recognizes that nursing homes are a | ||||||
16 | different business line and service model from other regulated | ||||||
17 | facilities. An open and transparent process shall be developed | ||||||
18 | that considers the following: how skilled nursing fits in the | ||||||
19 | continuum of care with other care providers, modernization of | ||||||
20 | nursing homes, establishment of more private rooms, | ||||||
21 | development of alternative services, and current trends in | ||||||
22 | long-term care services.
The Chairman of the Board shall | ||||||
23 | appoint a permanent Health Services Review Board Long-term Care | ||||||
24 | Facility Advisory Subcommittee that shall develop and | ||||||
25 | recommend to the Board the rules to be established by the Board | ||||||
26 | under this paragraph (15). The Subcommittee shall also provide |
| |||||||
| |||||||
1 | continuous review and commentary on policies and procedures | ||||||
2 | relative to long-term care and the review of related projects. | ||||||
3 | In consultation with other experts from the health field of | ||||||
4 | long-term care, the Board and the Subcommittee shall study new | ||||||
5 | approaches to the current bed need formula and Health Service | ||||||
6 | Area boundaries to encourage flexibility and innovation in | ||||||
7 | design models reflective of the changing long-term care | ||||||
8 | marketplace and consumer preferences. The Board shall file the | ||||||
9 | proposed related administrative rules for the separate rules | ||||||
10 | and guidelines for long-term care required by this paragraph | ||||||
11 | (15) by September 1, 2010. The Subcommittee shall be provided a | ||||||
12 | reasonable and timely opportunity to review and comment on any | ||||||
13 | review, revision, or updating of the criteria, standards, | ||||||
14 | procedures, and rules used to evaluate project applications as | ||||||
15 | provided under Section 12.3 of this Act prior to approval by | ||||||
16 | the Board and promulgation of related rules. | ||||||
17 | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | ||||||
18 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
19 | revised 9-7-11.)
| ||||||
20 | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| ||||||
21 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
22 | Sec. 13. Investigation of applications for permits and | ||||||
23 | certificates of
recognition. The Agency or the State Board | ||||||
24 | shall make or cause to be made
such investigations as it or the | ||||||
25 | State Board deems necessary in connection
with an application |
| |||||||
| |||||||
1 | for a permit or an application for a certificate of
| ||||||
2 | recognition, or in connection with a determination of whether | ||||||
3 | or not
construction
or modification which has been commenced is | ||||||
4 | in accord with the permit issued
by the State Board or whether | ||||||
5 | construction or modification has been commenced
without a | ||||||
6 | permit having been obtained. The State Board may issue | ||||||
7 | subpoenas
duces tecum requiring the production of records and | ||||||
8 | may administer oaths
to such witnesses.
| ||||||
9 | Any circuit court of this State, upon the application of | ||||||
10 | the State Board
or upon the application of any party to such | ||||||
11 | proceedings, may, in its
discretion,
compel the attendance of | ||||||
12 | witnesses, the production of books, papers, records,
or | ||||||
13 | memoranda and the giving of testimony before the State Board, | ||||||
14 | by a
proceeding
as for contempt, or otherwise, in the same | ||||||
15 | manner as production of evidence
may be compelled before the | ||||||
16 | court.
| ||||||
17 | The State Board shall require all health facilities | ||||||
18 | operating
in this State
to provide such reasonable reports at | ||||||
19 | such times and containing such
information
as is needed by it | ||||||
20 | to carry out the purposes and provisions of this Act.
Prior to | ||||||
21 | collecting information from health facilities, the State Board
| ||||||
22 | shall make reasonable efforts
through a public process to | ||||||
23 | consult with health facilities and associations
that represent | ||||||
24 | them to determine
whether data and information requests will | ||||||
25 | result in useful information for
health planning, whether
| ||||||
26 | sufficient information is available from other sources, and |
| |||||||
| |||||||
1 | whether data
requested is routinely collected
by health | ||||||
2 | facilities and is available without retrospective record | ||||||
3 | review. Data
and information requests
shall not impose undue | ||||||
4 | paperwork burdens on health care facilities and
personnel.
| ||||||
5 | Health facilities not complying with this requirement shall be | ||||||
6 | reported
to licensing, accrediting, certifying, or payment | ||||||
7 | agencies as being in
violation
of State law. Health care | ||||||
8 | facilities and other parties at interest shall
have reasonable | ||||||
9 | access, under rules established by the State Board, to all
| ||||||
10 | planning information submitted in accord with this Act | ||||||
11 | pertaining to their
area.
| ||||||
12 | Among the reports to be required by the State Board are | ||||||
13 | facility questionnaires for health care facilities licensed | ||||||
14 | under the Ambulatory Surgical Treatment Center Act, the | ||||||
15 | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | ||||||
16 | Community Care Act, the Specialized Mental Health | ||||||
17 | Rehabilitation Act, or the End Stage Renal Disease Facility | ||||||
18 | Act. These questionnaires shall be conducted on an annual basis | ||||||
19 | and compiled by the Agency. For health care facilities licensed | ||||||
20 | under the Nursing Home Care Act or , the Specialized Mental | ||||||
21 | Health Rehabilitation Act, or the ID/DD Community Care Act, | ||||||
22 | these reports shall include, but not be limited to, the | ||||||
23 | identification of specialty services provided by the facility | ||||||
24 | to patients, residents, and the community at large. For health | ||||||
25 | care facilities that contain long term care beds, the reports | ||||||
26 | shall also include the number of staffed long term care beds, |
| |||||||
| |||||||
1 | physical capacity for long term care beds at the facility, and | ||||||
2 | long term care beds available for immediate occupancy. For | ||||||
3 | purposes of this paragraph, "long term care beds" means beds
| ||||||
4 | (i) licensed under the Nursing Home Care Act, (ii) licensed | ||||||
5 | under the ID/DD Community Care Act, (iii) licensed under the | ||||||
6 | Hospital Licensing Act, or (iii) (iv) licensed under the | ||||||
7 | Specialized Mental Health Rehabilitation Act and certified as | ||||||
8 | skilled nursing or nursing facility beds under Medicaid or | ||||||
9 | Medicare.
| ||||||
10 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
11 | eff. 1-1-12; revised 9-7-11.)
| ||||||
12 | (20 ILCS 3960/14.1)
| ||||||
13 | Sec. 14.1. Denial of permit; other sanctions. | ||||||
14 | (a) The State Board may deny an application for a permit or | ||||||
15 | may revoke or
take other action as permitted by this Act with | ||||||
16 | regard to a permit as the State
Board deems appropriate, | ||||||
17 | including the imposition of fines as set forth in this
Section, | ||||||
18 | for any one or a combination of the following: | ||||||
19 | (1) The acquisition of major medical equipment without | ||||||
20 | a permit or in
violation of the terms of a permit. | ||||||
21 | (2) The establishment, construction, or modification | ||||||
22 | of a health care
facility without a permit or in violation | ||||||
23 | of the terms of a permit. | ||||||
24 | (3) The violation of any provision of this Act or any | ||||||
25 | rule adopted
under this Act. |
| |||||||
| |||||||
1 | (4) The failure, by any person subject to this Act, to | ||||||
2 | provide information
requested by the State Board or Agency | ||||||
3 | within 30 days after a formal written
request for the | ||||||
4 | information. | ||||||
5 | (5) The failure to pay any fine imposed under this | ||||||
6 | Section within 30 days
of its imposition. | ||||||
7 | (a-5) For facilities licensed under the ID/DD Community | ||||||
8 | Care Act, no permit shall be denied on the basis of prior | ||||||
9 | operator history, other than for actions specified under item | ||||||
10 | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | ||||||
11 | Act. For facilities licensed under the Specialized Mental | ||||||
12 | Health Rehabilitation Act, no permit shall be denied on the | ||||||
13 | basis of prior operator history, other than for actions | ||||||
14 | specified under item (2), (4), or (5) of Section 3-117 of the | ||||||
15 | Specialized Mental Health Rehabilitation Act. For facilities | ||||||
16 | licensed under the Nursing Home Care Act, no permit shall be | ||||||
17 | denied on the basis of prior operator history, other than for: | ||||||
18 | (i) actions specified under item (2), (3), (4), (5), or (6) of | ||||||
19 | Section 3-117 of the Nursing Home Care Act; (ii) actions | ||||||
20 | specified under item (a)(6) of Section 3-119 of the Nursing | ||||||
21 | Home Care Act; or (iii) actions within the preceding 5 years | ||||||
22 | constituting a substantial and repeated failure to comply with | ||||||
23 | the Nursing Home Care Act or the rules and regulations adopted | ||||||
24 | by the Department under that Act. The State Board shall not | ||||||
25 | deny a permit on account of any action described in this | ||||||
26 | subsection (a-5) without also considering all such actions in |
| |||||||
| |||||||
1 | the light of all relevant information available to the State | ||||||
2 | Board, including whether the permit is sought to substantially | ||||||
3 | comply with a mandatory or voluntary plan of correction | ||||||
4 | associated with any action described in this subsection (a-5).
| ||||||
5 | (b) Persons shall be subject to fines as follows: | ||||||
6 | (1) A permit holder who fails to comply with the | ||||||
7 | requirements of
maintaining a valid permit shall be fined | ||||||
8 | an amount not to exceed 1% of the
approved permit amount | ||||||
9 | plus an additional 1% of the approved permit amount for
| ||||||
10 | each 30-day period, or fraction thereof, that the violation | ||||||
11 | continues. | ||||||
12 | (2) A permit holder who alters the scope of an approved | ||||||
13 | project or whose
project costs exceed the allowable permit | ||||||
14 | amount without first obtaining
approval from the State | ||||||
15 | Board shall be fined an amount not to exceed the sum of
(i) | ||||||
16 | the lesser of $25,000 or 2% of the approved permit amount | ||||||
17 | and (ii) in those
cases where the approved permit amount is | ||||||
18 | exceeded by more than $1,000,000, an
additional $20,000 for | ||||||
19 | each $1,000,000, or fraction thereof, in excess of the
| ||||||
20 | approved permit amount. | ||||||
21 | (3) A person who acquires major medical equipment or | ||||||
22 | who establishes a
category of service without first | ||||||
23 | obtaining a permit or exemption, as the case
may be, shall | ||||||
24 | be fined an amount not to exceed $10,000 for each such
| ||||||
25 | acquisition or category of service established plus an | ||||||
26 | additional $10,000 for
each 30-day period, or fraction |
| |||||||
| |||||||
1 | thereof, that the violation continues. | ||||||
2 | (4) A person who constructs, modifies, or establishes a | ||||||
3 | health care
facility without first obtaining a permit shall | ||||||
4 | be fined an amount not to
exceed $25,000 plus an additional | ||||||
5 | $25,000 for each 30-day period, or fraction
thereof, that | ||||||
6 | the violation continues. | ||||||
7 | (5) A person who discontinues a health care facility or | ||||||
8 | a category of
service without first obtaining a permit | ||||||
9 | shall be fined an amount not to exceed
$10,000 plus an | ||||||
10 | additional $10,000 for each 30-day period, or fraction | ||||||
11 | thereof,
that the violation continues. For purposes of this | ||||||
12 | subparagraph (5), facilities licensed under the Nursing | ||||||
13 | Home Care Act or the ID/DD Community Care Act , with the | ||||||
14 | exceptions of facilities operated by a county or Illinois | ||||||
15 | Veterans Homes, are exempt from this permit requirement. | ||||||
16 | However, facilities licensed under the Nursing Home Care | ||||||
17 | Act or the ID/DD Community Care Act must comply with | ||||||
18 | Section 3-423 of the Nursing Home Care Act or Section 3-423 | ||||||
19 | of the ID/DD Community Care Act and must provide the Board | ||||||
20 | with 30-days' written notice of its intent to close.
| ||||||
21 | (6) A person subject to this Act who fails to provide | ||||||
22 | information
requested by the State Board or Agency within | ||||||
23 | 30 days of a formal written
request shall be fined an | ||||||
24 | amount not to exceed $1,000 plus an additional $1,000
for | ||||||
25 | each 30-day period, or fraction thereof, that the | ||||||
26 | information is not
received by the State Board or Agency. |
| |||||||
| |||||||
1 | (c) Before imposing any fine authorized under this Section, | ||||||
2 | the State Board
shall afford the person or permit holder, as | ||||||
3 | the case may be, an appearance
before the State Board and an | ||||||
4 | opportunity for a hearing before a hearing
officer appointed by | ||||||
5 | the State Board. The hearing shall be conducted in
accordance | ||||||
6 | with Section 10. | ||||||
7 | (d) All fines collected under this Act shall be transmitted | ||||||
8 | to the State
Treasurer, who shall deposit them into the | ||||||
9 | Illinois Health Facilities Planning
Fund. | ||||||
10 | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | ||||||
11 | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|