Bill Text: IL HB4563 | 2011-2012 | 97th General Assembly | Engrossed
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-Engrossed.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-Engrossed.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, 13, and 14.1 as follows:
| ||||||
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7 | (Section scheduled to be repealed on December 31, 2019) | ||||||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;
| ||||||
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;
| ||||||
18 | 3.5. Skilled and intermediate care facilities licensed | ||||||
19 | 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;
| ||||||
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 established and operating under the | ||||||
7 | Alternative Health Care Delivery Act as a children's respite | ||||||
8 | care center alternative health care model demonstration | ||||||
9 | program or as an Alzheimer's Disease Management Center | ||||||
10 | alternative health care model demonstration program shall be | ||||||
11 | subject to the provisions of this Act. | ||||||
12 | A facility designated as a supportive living facility that | ||||||
13 | is in good
standing with the program
established under Section | ||||||
14 | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | ||||||
15 | the provisions of this
Act.
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16 | This Act does not apply to facilities granted waivers under | ||||||
17 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
18 | demonstration project under that
Act applies for a certificate
| ||||||
19 | of need to convert to a nursing facility, it shall meet the | ||||||
20 | licensure and
certificate of need requirements in effect as of | ||||||
21 | the date of application. | ||||||
22 | This Act does not apply to a dialysis facility that | ||||||
23 | provides only dialysis training, support, and related services | ||||||
24 | to individuals with end stage renal disease who have elected to | ||||||
25 | receive home dialysis. This Act does not apply to a dialysis | ||||||
26 | unit located in a licensed nursing home that offers or provides |
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1 | dialysis-related services to residents with end stage renal | ||||||
2 | disease who have elected to receive home dialysis within the | ||||||
3 | nursing home. The Board, however, may require these dialysis | ||||||
4 | facilities and licensed nursing homes to report statistical | ||||||
5 | information on a quarterly basis to the Board to be used by the | ||||||
6 | Board to conduct analyses on the need for proposed kidney | ||||||
7 | disease treatment centers.
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8 | This Act shall not apply to the closure of an entity or a | ||||||
9 | portion of an
entity licensed under the Nursing Home Care Act, | ||||||
10 | the Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
11 | MR/DD Community Care Act, with the exceptions of facilities | ||||||
12 | operated by a county or Illinois Veterans Homes, that elects to | ||||||
13 | convert, in
whole or in part, to an assisted living or shared | ||||||
14 | housing establishment
licensed under the Assisted Living and | ||||||
15 | Shared Housing Act.
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16 | This Act does not apply to any change of ownership of a | ||||||
17 | healthcare facility that is licensed under the Nursing Home | ||||||
18 | Care Act, the Specialized Mental Health Rehabilitation Act, or | ||||||
19 | the ID/DD Community Care Act, with the exceptions of facilities | ||||||
20 | operated by a county or Illinois Veterans Homes. Changes of | ||||||
21 | ownership of facilities licensed under the Nursing Home Care | ||||||
22 | Act must meet the requirements set forth in Sections 3-101 | ||||||
23 | through 3-119 of the Nursing Home Care Act.
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24 | With the exception of those health care facilities | ||||||
25 | specifically
included in this Section, nothing in this Act | ||||||
26 | shall be intended to
include facilities operated as a part of |
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1 | the practice of a physician or
other licensed health care | ||||||
2 | professional, whether practicing in his
individual capacity or | ||||||
3 | within the legal structure of any partnership,
medical or | ||||||
4 | professional corporation, or unincorporated medical or
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5 | professional group. Further, this Act shall not apply to | ||||||
6 | physicians or
other licensed health care professional's | ||||||
7 | practices where such practices
are carried out in a portion of | ||||||
8 | a health care facility under contract
with such health care | ||||||
9 | facility by a physician or by other licensed
health care | ||||||
10 | professionals, whether practicing in his individual capacity
| ||||||
11 | or within the legal structure of any partnership, medical or
| ||||||
12 | professional corporation, or unincorporated medical or | ||||||
13 | professional
groups. This Act shall apply to construction or
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14 | modification and to establishment by such health care facility | ||||||
15 | of such
contracted portion which is subject to facility | ||||||
16 | licensing requirements,
irrespective of the party responsible | ||||||
17 | for such action or attendant
financial obligation. | ||||||
18 | No permit or exemption is required for a facility licensed | ||||||
19 | under the ID/DD Community Care Act prior to the reduction of | ||||||
20 | the number of beds at a facility. If there is a total reduction | ||||||
21 | of beds at a facility licensed under the ID/DD Community Care | ||||||
22 | Act, this is a discontinuation or closure of the facility. | ||||||
23 | However, if a facility licensed under the ID/DD Community Care | ||||||
24 | Act reduces the number of beds or discontinues the facility, | ||||||
25 | that facility must notify the Board as provided in Section 14.1 | ||||||
26 | of this Act.
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1 | "Person" means any one or more natural persons, legal | ||||||
2 | entities,
governmental bodies other than federal, or any | ||||||
3 | combination thereof.
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4 | "Consumer" means any person other than a person (a) whose | ||||||
5 | major
occupation currently involves or whose official capacity | ||||||
6 | within the last
12 months has involved the providing, | ||||||
7 | administering or financing of any
type of health care facility, | ||||||
8 | (b) who is engaged in health research or
the teaching of | ||||||
9 | health, (c) who has a material financial interest in any
| ||||||
10 | activity which involves the providing, administering or | ||||||
11 | financing of any
type of health care facility, or (d) who is or | ||||||
12 | ever has been a member of
the immediate family of the person | ||||||
13 | defined by (a), (b), or (c).
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14 | "State Board" or "Board" means the Health Facilities and | ||||||
15 | Services Review Board.
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16 | "Construction or modification" means the establishment, | ||||||
17 | erection,
building, alteration, reconstruction, modernization, | ||||||
18 | improvement,
extension, discontinuation, change of ownership, | ||||||
19 | of or by a health care
facility, or the purchase or acquisition | ||||||
20 | by or through a health care facility
of
equipment or service | ||||||
21 | for diagnostic or therapeutic purposes or for
facility | ||||||
22 | administration or operation, or any capital expenditure made by
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23 | or on behalf of a health care facility which
exceeds the | ||||||
24 | capital expenditure minimum; however, any capital expenditure
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25 | made by or on behalf of a health care facility for (i) the | ||||||
26 | construction or
modification of a facility licensed under the |
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1 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
2 | project undertaken in accordance with Section 30 of the Older | ||||||
3 | Adult Services Act shall be excluded from any obligations under | ||||||
4 | this Act.
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5 | "Establish" means the construction of a health care | ||||||
6 | facility or the
replacement of an existing facility on another | ||||||
7 | site or the initiation of a category of service as defined by | ||||||
8 | the Board.
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9 | "Major medical equipment" means medical equipment which is | ||||||
10 | used for the
provision of medical and other health services and | ||||||
11 | which costs in excess
of the capital expenditure minimum, | ||||||
12 | except that such term does not include
medical equipment | ||||||
13 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
14 | clinical laboratory
services if the clinical laboratory is | ||||||
15 | independent of a physician's office
and a hospital and it has | ||||||
16 | been determined under Title XVIII of the Social
Security Act to | ||||||
17 | meet the requirements of paragraphs (10) and (11) of Section
| ||||||
18 | 1861(s) of such Act. In determining whether medical equipment | ||||||
19 | has a value
in excess of the capital expenditure minimum, the | ||||||
20 | value of studies, surveys,
designs, plans, working drawings, | ||||||
21 | specifications, and other activities
essential to the | ||||||
22 | acquisition of such equipment shall be included.
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23 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
24 | on behalf of
a health care facility (as such a facility is | ||||||
25 | defined in this Act); and
(B) which under generally accepted | ||||||
26 | accounting principles is not properly
chargeable as an expense |
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1 | of operation and maintenance, or is made to obtain
by lease or | ||||||
2 | comparable arrangement any facility or part thereof or any
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3 | equipment for a facility or part; and which exceeds the capital | ||||||
4 | expenditure
minimum.
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5 | For the purpose of this paragraph, the cost of any studies, | ||||||
6 | surveys, designs,
plans, working drawings, specifications, and | ||||||
7 | other activities essential
to the acquisition, improvement, | ||||||
8 | expansion, or replacement of any plant
or equipment with | ||||||
9 | respect to which an expenditure is made shall be included
in | ||||||
10 | determining if such expenditure exceeds the capital | ||||||
11 | expenditures minimum.
Unless otherwise interdependent, or | ||||||
12 | submitted as one project by the applicant, components of | ||||||
13 | construction or modification undertaken by means of a single | ||||||
14 | construction contract or financed through the issuance of a | ||||||
15 | single debt instrument shall not be grouped together as one | ||||||
16 | project. Donations of equipment
or facilities to a health care | ||||||
17 | facility which if acquired directly by such
facility would be | ||||||
18 | subject to review under this Act shall be considered capital
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19 | expenditures, and a transfer of equipment or facilities for | ||||||
20 | less than fair
market value shall be considered a capital | ||||||
21 | expenditure for purposes of this
Act if a transfer of the | ||||||
22 | equipment or facilities at fair market value would
be subject | ||||||
23 | to review.
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24 | "Capital expenditure minimum" means $11,500,000 for | ||||||
25 | projects by hospital applicants, $6,500,000 for applicants for | ||||||
26 | projects related to skilled and intermediate care long-term |
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1 | care facilities licensed under the Nursing Home Care Act, and | ||||||
2 | $3,000,000 for projects by all other applicants, which shall be | ||||||
3 | annually
adjusted to reflect the increase in construction costs | ||||||
4 | due to inflation, for major medical equipment and for all other
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5 | capital expenditures.
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6 | "Non-clinical service area" means an area (i) for the | ||||||
7 | benefit of the
patients, visitors, staff, or employees of a | ||||||
8 | health care facility and (ii) not
directly related to the | ||||||
9 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
10 | services from the health care facility. "Non-clinical service | ||||||
11 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
12 | news stands; computer
systems; tunnels, walkways, and | ||||||
13 | elevators; telephone systems; projects to
comply with life | ||||||
14 | safety codes; educational facilities; student housing;
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15 | patient, employee, staff, and visitor dining areas; | ||||||
16 | administration and
volunteer offices; modernization of | ||||||
17 | structural components (such as roof
replacement and masonry | ||||||
18 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
19 | storage facilities; parking facilities; mechanical systems for
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20 | heating, ventilation, and air conditioning; loading docks; and | ||||||
21 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
22 | window coverings or treatments,
or furniture. Solely for the | ||||||
23 | purpose of this definition, "non-clinical service
area" does | ||||||
24 | not include health and fitness centers.
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25 | "Areawide" means a major area of the State delineated on a
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26 | geographic, demographic, and functional basis for health |
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1 | planning and
for health service and having within it one or | ||||||
2 | more local areas for
health planning and health service. The | ||||||
3 | term "region", as contrasted
with the term "subregion", and the | ||||||
4 | word "area" may be used synonymously
with the term "areawide".
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5 | "Local" means a subarea of a delineated major area that on | ||||||
6 | a
geographic, demographic, and functional basis may be | ||||||
7 | considered to be
part of such major area. The term "subregion" | ||||||
8 | may be used synonymously
with the term "local".
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9 | "Physician" means a person licensed to practice in | ||||||
10 | accordance with
the Medical Practice Act of 1987, as amended.
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11 | "Licensed health care professional" means a person | ||||||
12 | licensed to
practice a health profession under pertinent | ||||||
13 | licensing statutes of the
State of Illinois.
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14 | "Director" means the Director of the Illinois Department of | ||||||
15 | Public Health.
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16 | "Agency" means the Illinois Department of Public Health.
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17 | "Alternative health care model" means a facility or program | ||||||
18 | authorized
under the Alternative Health Care Delivery Act.
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19 | "Out-of-state facility" means a person that is both (i) | ||||||
20 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
21 | the laws of another state
or that
qualifies as a hospital or an | ||||||
22 | ambulatory surgery center under regulations
adopted pursuant | ||||||
23 | to the Social Security Act and (ii) not licensed under the
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24 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
25 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
26 | out-of-state facilities shall be
considered out-of-state |
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1 | facilities. Affiliates of Illinois licensed health
care | ||||||
2 | facilities 100% owned by an Illinois licensed health care | ||||||
3 | facility, its
parent, or Illinois physicians licensed to | ||||||
4 | practice medicine in all its
branches shall not be considered | ||||||
5 | out-of-state facilities. Nothing in
this definition shall be
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6 | construed to include an office or any part of an office of a | ||||||
7 | physician licensed
to practice medicine in all its branches in | ||||||
8 | Illinois that is not required to be
licensed under the | ||||||
9 | Ambulatory Surgical Treatment Center Act.
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10 | "Change of ownership of a health care facility" means a | ||||||
11 | change in the
person
who has ownership or
control of a health | ||||||
12 | care facility's physical plant and capital assets. A change
in | ||||||
13 | ownership is indicated by
the following transactions: sale, | ||||||
14 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
15 | means of
transferring control.
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16 | "Related person" means any person that: (i) is at least 50% | ||||||
17 | owned, directly
or indirectly, by
either the health care | ||||||
18 | facility or a person owning, directly or indirectly, at
least | ||||||
19 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
20 | indirectly, at least 50% of the
health care facility.
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21 | "Charity care" means care provided by a health care | ||||||
22 | facility for which the provider does not expect to receive | ||||||
23 | payment from the patient or a third-party payer. | ||||||
24 | "Freestanding emergency center" means a facility subject | ||||||
25 | to licensure under Section 32.5 of the Emergency Medical | ||||||
26 | Services (EMS) Systems Act. |
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1 | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | ||||||
2 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; | ||||||
3 | revised 9-7-11.)
| ||||||
4 | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| ||||||
5 | (Section scheduled to be repealed on December 31, 2019)
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6 | Sec. 13. Investigation of applications for permits and | ||||||
7 | certificates of
recognition. The Agency or the State Board | ||||||
8 | shall make or cause to be made
such investigations as it or the | ||||||
9 | State Board deems necessary in connection
with an application | ||||||
10 | for a permit or an application for a certificate of
| ||||||
11 | recognition, or in connection with a determination of whether | ||||||
12 | or not
construction
or modification which has been commenced is | ||||||
13 | in accord with the permit issued
by the State Board or whether | ||||||
14 | construction or modification has been commenced
without a | ||||||
15 | permit having been obtained. The State Board may issue | ||||||
16 | subpoenas
duces tecum requiring the production of records and | ||||||
17 | may administer oaths
to such witnesses.
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18 | Any circuit court of this State, upon the application of | ||||||
19 | the State Board
or upon the application of any party to such | ||||||
20 | proceedings, may, in its
discretion,
compel the attendance of | ||||||
21 | witnesses, the production of books, papers, records,
or | ||||||
22 | memoranda and the giving of testimony before the State Board, | ||||||
23 | by a
proceeding
as for contempt, or otherwise, in the same | ||||||
24 | manner as production of evidence
may be compelled before the | ||||||
25 | court.
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1 | The State Board shall require all health facilities | ||||||
2 | operating
in this State
to provide such reasonable reports at | ||||||
3 | such times and containing such
information
as is needed by it | ||||||
4 | to carry out the purposes and provisions of this Act.
Prior to | ||||||
5 | collecting information from health facilities, the State Board
| ||||||
6 | shall make reasonable efforts
through a public process to | ||||||
7 | consult with health facilities and associations
that represent | ||||||
8 | them to determine
whether data and information requests will | ||||||
9 | result in useful information for
health planning, whether
| ||||||
10 | sufficient information is available from other sources, and | ||||||
11 | whether data
requested is routinely collected
by health | ||||||
12 | facilities and is available without retrospective record | ||||||
13 | review. Data
and information requests
shall not impose undue | ||||||
14 | paperwork burdens on health care facilities and
personnel.
| ||||||
15 | Health facilities not complying with this requirement shall be | ||||||
16 | reported
to licensing, accrediting, certifying, or payment | ||||||
17 | agencies as being in
violation
of State law. Health care | ||||||
18 | facilities and other parties at interest shall
have reasonable | ||||||
19 | access, under rules established by the State Board, to all
| ||||||
20 | planning information submitted in accord with this Act | ||||||
21 | pertaining to their
area.
| ||||||
22 | Among the reports to be required by the State Board are | ||||||
23 | facility questionnaires for health care facilities licensed | ||||||
24 | under the Ambulatory Surgical Treatment Center Act, the | ||||||
25 | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | ||||||
26 | Community Care Act, the Specialized Mental Health |
| |||||||
| |||||||
1 | Rehabilitation Act, or the End Stage Renal Disease Facility | ||||||
2 | Act. These questionnaires shall be conducted on an annual basis | ||||||
3 | and compiled by the Agency. For health care facilities licensed | ||||||
4 | under the Nursing Home Care Act or , the Specialized Mental | ||||||
5 | Health Rehabilitation Act, or the ID/DD Community Care Act, | ||||||
6 | these reports shall include, but not be limited to, the | ||||||
7 | identification of specialty services provided by the facility | ||||||
8 | to patients, residents, and the community at large. Annual | ||||||
9 | reports for facilities licensed under the ID/DD Community Care | ||||||
10 | Act shall be different from the annual reports required of | ||||||
11 | other health care facilities and shall be specific to those | ||||||
12 | facilities licensed under the ID/DD Community Care Act. The | ||||||
13 | Health Facilities and Services Review Board shall consult with | ||||||
14 | associations representing facilities licensed under the ID/DD | ||||||
15 | Community Care Act when developing the information requested in | ||||||
16 | these annual reports. For health care facilities that contain | ||||||
17 | long term care beds, the reports shall also include the number | ||||||
18 | of staffed long term care beds, physical capacity for long term | ||||||
19 | care beds at the facility, and long term care beds available | ||||||
20 | for immediate occupancy. For purposes of this paragraph, "long | ||||||
21 | term care beds" means beds
(i) licensed under the Nursing Home | ||||||
22 | Care Act, (ii) licensed under the ID/DD Community Care Act, | ||||||
23 | (iii) licensed under the Hospital Licensing Act, or (iv) | ||||||
24 | licensed under the Specialized Mental Health Rehabilitation | ||||||
25 | Act and certified as skilled nursing or nursing facility beds | ||||||
26 | under Medicaid or Medicare.
|
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| |||||||
1 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
2 | eff. 1-1-12; revised 9-7-11.)
| ||||||
3 | (20 ILCS 3960/14.1)
| ||||||
4 | Sec. 14.1. Denial of permit; other sanctions. | ||||||
5 | (a) The State Board may deny an application for a permit or | ||||||
6 | may revoke or
take other action as permitted by this Act with | ||||||
7 | regard to a permit as the State
Board deems appropriate, | ||||||
8 | including the imposition of fines as set forth in this
Section, | ||||||
9 | for any one or a combination of the following: | ||||||
10 | (1) The acquisition of major medical equipment without | ||||||
11 | a permit or in
violation of the terms of a permit. | ||||||
12 | (2) The establishment, construction, or modification | ||||||
13 | of a health care
facility without a permit or in violation | ||||||
14 | of the terms of a permit. | ||||||
15 | (3) The violation of any provision of this Act or any | ||||||
16 | rule adopted
under this Act. | ||||||
17 | (4) The failure, by any person subject to this Act, to | ||||||
18 | provide information
requested by the State Board or Agency | ||||||
19 | within 30 days after a formal written
request for the | ||||||
20 | information. | ||||||
21 | (5) The failure to pay any fine imposed under this | ||||||
22 | Section within 30 days
of its imposition. | ||||||
23 | (a-5) For facilities licensed under the ID/DD Community | ||||||
24 | Care Act, no permit shall be denied on the basis of prior | ||||||
25 | operator history, other than for actions specified under item |
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1 | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | ||||||
2 | Act. For facilities licensed under the Specialized Mental | ||||||
3 | Health Rehabilitation Act, no permit shall be denied on the | ||||||
4 | basis of prior operator history, other than for actions | ||||||
5 | specified under item (2), (4), or (5) of Section 3-117 of the | ||||||
6 | Specialized Mental Health Rehabilitation Act. For facilities | ||||||
7 | licensed under the Nursing Home Care Act, no permit shall be | ||||||
8 | denied on the basis of prior operator history, other than for: | ||||||
9 | (i) actions specified under item (2), (3), (4), (5), or (6) of | ||||||
10 | Section 3-117 of the Nursing Home Care Act; (ii) actions | ||||||
11 | specified under item (a)(6) of Section 3-119 of the Nursing | ||||||
12 | Home Care Act; or (iii) actions within the preceding 5 years | ||||||
13 | constituting a substantial and repeated failure to comply with | ||||||
14 | the Nursing Home Care Act or the rules and regulations adopted | ||||||
15 | by the Department under that Act. The State Board shall not | ||||||
16 | deny a permit on account of any action described in this | ||||||
17 | subsection (a-5) without also considering all such actions in | ||||||
18 | the light of all relevant information available to the State | ||||||
19 | Board, including whether the permit is sought to substantially | ||||||
20 | comply with a mandatory or voluntary plan of correction | ||||||
21 | associated with any action described in this subsection (a-5).
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22 | (b) Persons shall be subject to fines as follows: | ||||||
23 | (1) A permit holder who fails to comply with the | ||||||
24 | requirements of
maintaining a valid permit shall be fined | ||||||
25 | an amount not to exceed 1% of the
approved permit amount | ||||||
26 | plus an additional 1% of the approved permit amount for
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1 | each 30-day period, or fraction thereof, that the violation | ||||||
2 | continues. | ||||||
3 | (2) A permit holder who alters the scope of an approved | ||||||
4 | project or whose
project costs exceed the allowable permit | ||||||
5 | amount without first obtaining
approval from the State | ||||||
6 | Board shall be fined an amount not to exceed the sum of
(i) | ||||||
7 | the lesser of $25,000 or 2% of the approved permit amount | ||||||
8 | and (ii) in those
cases where the approved permit amount is | ||||||
9 | exceeded by more than $1,000,000, an
additional $20,000 for | ||||||
10 | each $1,000,000, or fraction thereof, in excess of the
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11 | approved permit amount. | ||||||
12 | (3) A person who acquires major medical equipment or | ||||||
13 | who establishes a
category of service without first | ||||||
14 | obtaining a permit or exemption, as the case
may be, shall | ||||||
15 | be fined an amount not to exceed $10,000 for each such
| ||||||
16 | acquisition or category of service established plus an | ||||||
17 | additional $10,000 for
each 30-day period, or fraction | ||||||
18 | thereof, that the violation continues. | ||||||
19 | (4) A person who constructs, modifies, or establishes a | ||||||
20 | health care
facility without first obtaining a permit shall | ||||||
21 | be fined an amount not to
exceed $25,000 plus an additional | ||||||
22 | $25,000 for each 30-day period, or fraction
thereof, that | ||||||
23 | the violation continues. | ||||||
24 | (5) A person who discontinues a health care facility or | ||||||
25 | a category of
service without first obtaining a permit | ||||||
26 | shall be fined an amount not to exceed
$10,000 plus an |
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1 | additional $10,000 for each 30-day period, or fraction | ||||||
2 | thereof,
that the violation continues. For purposes of this | ||||||
3 | subparagraph (5), facilities licensed under the Nursing | ||||||
4 | Home Care Act or the ID/DD Community Care Act, with the | ||||||
5 | exceptions of facilities operated by a county or Illinois | ||||||
6 | Veterans Homes, are exempt from this permit requirement. | ||||||
7 | However, facilities licensed under the Nursing Home Care | ||||||
8 | Act or the ID/DD Community Care Act must comply with | ||||||
9 | Section 3-423 of the Nursing Home Care Act or Section 3-423 | ||||||
10 | of the ID/DD Community Care Act and must provide the Board | ||||||
11 | and the Department of Human Services with 30 days' 30-days' | ||||||
12 | written notice of its intent to close.
Facilities licensed | ||||||
13 | under the ID/DD Community Care Act also must provide the | ||||||
14 | Board and the Department of Human Services with 30 days' | ||||||
15 | written notice of its intent to reduce the number of beds | ||||||
16 | for a facility. | ||||||
17 | (6) A person subject to this Act who fails to provide | ||||||
18 | information
requested by the State Board or Agency within | ||||||
19 | 30 days of a formal written
request shall be fined an | ||||||
20 | amount not to exceed $1,000 plus an additional $1,000
for | ||||||
21 | each 30-day period, or fraction thereof, that the | ||||||
22 | information is not
received by the State Board or Agency. | ||||||
23 | (c) Before imposing any fine authorized under this Section, | ||||||
24 | the State Board
shall afford the person or permit holder, as | ||||||
25 | the case may be, an appearance
before the State Board and an | ||||||
26 | opportunity for a hearing before a hearing
officer appointed by |
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1 | the State Board. The hearing shall be conducted in
accordance | ||||||
2 | with Section 10. | ||||||
3 | (d) All fines collected under this Act shall be transmitted | ||||||
4 | to the State
Treasurer, who shall deposit them into the | ||||||
5 | Illinois Health Facilities Planning
Fund. | ||||||
6 | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | ||||||
7 | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|