Bill Text: IL HB4892 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Health Facilities Planning Act. Provides that the Health Facilities and Services Review Board may approve the transfer of an existing permit without regard to whether the permit to be transferred has yet been financially committed, except for permits to establish a new facility or category of service. Provides requirements for the reporting of financial commitments by permit holders. Removes existing provisions regarding annual reporting by permit holders. Removes provisions concerning major construction projects. Modifies provisions regarding the application for permits or exemptions, and exemption regulations. Modifies provisions regarding the approval of a permit application. Modifies the powers and duties of the Board and Board staff. Makes changes regarding the revision of criteria, standards, and rules; the giving of written notice of the reduction in hospital service; and issues concerning bed inventory. Makes specified provisions concerning fines for permit holders also apply to exemption holders under the Act. Makes conforming and other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2018-08-03 - Public Act . . . . . . . . . 100-0681 [HB4892 Detail]

Download: Illinois-2017-HB4892-Enrolled.html

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HB4892 Enrolled LRB100 17828 RJF 33008 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Health Facilities Planning Act is
amended by changing Sections 4, 4.2, 5, 5.2, 5.3, 6, 6.2, 7,
10, 12, 12.2, 12.3, 12.4, 12.5, 13, and 14.1 as follows:
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
(Section scheduled to be repealed on December 31, 2019)
Sec. 4. Health Facilities and Services Review Board;
membership; appointment; term; compensation; quorum.
Notwithstanding any other provision in this Section, members of
the State Board holding office on the day before the effective
date of this amendatory Act of the 96th General Assembly shall
retain their authority.
(a) There is created the Health Facilities and Services
Review Board, which shall perform the functions described in
this Act. The Department shall provide operational support to
the Board as necessary, including the provision of office
space, supplies, and clerical, financial, and accounting
services. The Board may contract for functions or operational
support as needed. The Board may also contract with experts
related to specific health services or facilities and create
technical advisory panels to assist in the development of

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criteria, standards, and procedures used in the evaluation of
applications for permit and exemption.
(b) The Beginning March 1, 2010, the State Board shall
consist of 9 voting members. All members shall be residents of
Illinois and at least 4 shall reside outside the Chicago
Metropolitan Statistical Area. Consideration shall be given to
potential appointees who reflect the ethnic and cultural
diversity of the State. Neither Board members nor Board staff
shall be convicted felons or have pled guilty to a felony.
Each member shall have a reasonable knowledge of the
practice, procedures and principles of the health care delivery
system in Illinois, including at least 5 members who shall be
knowledgeable about health care delivery systems, health
systems planning, finance, or the management of health care
facilities currently regulated under the Act. One member shall
be a representative of a non-profit health care consumer
advocacy organization. A spouse, parent, sibling, or child of a
Board member cannot be an employee, agent, or under contract
with services or facilities subject to the Act. Prior to
appointment and in the course of service on the Board, members
of the Board shall disclose the employment or other financial
interest of any other relative of the member, if known, in
service or facilities subject to the Act. Members of the Board
shall declare any conflict of interest that may exist with
respect to the status of those relatives and recuse themselves
from voting on any issue for which a conflict of interest is

HB4892 Enrolled - 3 - LRB100 17828 RJF 33008 b
declared. No person shall be appointed or continue to serve as
a member of the State Board who is, or whose spouse, parent,
sibling, or child is, a member of the Board of Directors of,
has a financial interest in, or has a business relationship
with a health care facility.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the State Board
serving on the day before the effective date of this amendatory
Act of the 96th General Assembly is abolished on the date upon
which members of the 9-member Board, as established by this
amendatory Act of the 96th General Assembly, have been
appointed and can begin to take action as a Board. Members of
the State Board serving on the day before the effective date of
this amendatory Act of the 96th General Assembly may be
reappointed to the 9-member Board. Prior to March 1, 2010, the
Health Facilities Planning Board shall establish a plan to
transition its powers and duties to the Health Facilities and
Services Review Board.
(c) The State Board shall be appointed by the Governor,
with the advice and consent of the Senate. Not more than 5 of
the appointments shall be of the same political party at the
time of the appointment.
The Secretary of Human Services, the Director of Healthcare
and Family Services, and the Director of Public Health, or
their designated representatives, shall serve as ex-officio,
non-voting members of the State Board.

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(d) Of those 9 members initially appointed by the Governor
following the effective date of this amendatory Act of the 96th
General Assembly, 3 shall serve for terms expiring July 1,
2011, 3 shall serve for terms expiring July 1, 2012, and 3
shall serve for terms expiring July 1, 2013. Thereafter, each
appointed member shall hold office for a term of 3 years,
provided that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder
of such term and the term of office of each successor shall
commence on July 1 of the year in which his predecessor's term
expires. Each member appointed after the effective date of this
amendatory Act of the 96th General Assembly shall hold office
until his or her successor is appointed and qualified. The
Governor may reappoint a member for additional terms, but no
member shall serve more than 3 terms, subject to review and
re-approval every 3 years.
(e) State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places of
residence. Until March 1, 2010, a member of the State Board who
experiences a significant financial hardship due to the loss of
income on days of attendance at meetings or while otherwise
engaged in the business of the State Board may be paid a
hardship allowance, as determined by and subject to the
approval of the Governor's Travel Control Board.

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(f) The Governor shall designate one of the members to
serve as the Chairman of the Board, who shall be a person with
expertise in health care delivery system planning, finance or
management of health care facilities that are regulated under
the Act. The Chairman shall annually review Board member
performance and shall report the attendance record of each
Board member to the General Assembly.
(g) The State Board, through the Chairman, shall prepare a
separate and distinct budget approved by the General Assembly
and shall hire and supervise its own professional staff
responsible for carrying out the responsibilities of the Board.
(h) The State Board shall meet at least every 45 days, or
as often as the Chairman of the State Board deems necessary, or
upon the request of a majority of the members.
(i) Five members of the State Board shall constitute a
quorum. The affirmative vote of 5 of the members of the State
Board shall be necessary for any action requiring a vote to be
taken by the State Board. A vacancy in the membership of the
State Board shall not impair the right of a quorum to exercise
all the rights and perform all the duties of the State Board as
provided by this Act.
(j) A State Board member shall disqualify himself or
herself from the consideration of any application for a permit
or exemption in which the State Board member or the State Board
member's spouse, parent, sibling, or child: (i) has an economic
interest in the matter; or (ii) is employed by, serves as a

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consultant for, or is a member of the governing board of the
applicant or a party opposing the application.
(k) The Chairman, Board members, and Board staff must
comply with the Illinois Governmental Ethics Act.
(Source: P.A. 99-527, eff. 1-1-17.)
(20 ILCS 3960/4.2)
(Text of Section before amendment by P.A. 100-518)
(Section scheduled to be repealed on December 31, 2019)
Sec. 4.2. Ex parte communications.
(a) Except in the disposition of matters that agencies are
authorized by law to entertain or dispose of on an ex parte
basis including, but not limited to rule making, the State
Board, any State Board member, employee, or a hearing officer
shall not engage in ex parte communication in connection with
the substance of any formally filed application for a permit
with any person or party or the representative of any party.
This subsection (a) applies when the Board, member, employee,
or hearing officer knows, or should know upon reasonable
inquiry, that the application or exemption has been formally
filed with the Board. Nothing in this Section shall prohibit
staff members from providing technical assistance to
applicants. Nothing in this Section shall prohibit staff from
verifying or clarifying an applicant's information as it
prepares the Board staff report. Once an application for permit
or exemption is filed and deemed complete, a written record of

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any communication between staff and an applicant shall be
prepared by staff and made part of the public record, using a
prescribed, standardized format, and shall be included in the
application file.
(b) A State Board member or employee may communicate with
other members or employees and any State Board member or
hearing officer may have the aid and advice of one or more
personal assistants.
(c) An ex parte communication received by the State Board,
any State Board member, employee, or a hearing officer shall be
made a part of the record of the matter, including all written
communications, all written responses to the communications,
and a memorandum stating the substance of all oral
communications and all responses made and the identity of each
person from whom the ex parte communication was received.
(d) "Ex parte communication" means a communication between
a person who is not a State Board member or employee and a
State Board member or employee that reflects on the substance
of a pending or impending State Board proceeding and that takes
place outside the record of the proceeding. Communications
regarding matters of procedure and practice, such as the format
of pleading, number of copies required, manner of service, and
status of proceedings, are not considered ex parte
communications. Technical assistance with respect to an
application, not intended to influence any decision on the
application, may be provided by employees to the applicant. Any

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assistance shall be documented in writing by the applicant and
employees within 10 business days after the assistance is
provided.
(e) For purposes of this Section, "employee" means a person
the State Board or the Agency employs on a full-time,
part-time, contract, or intern basis.
(f) The State Board, State Board member, or hearing
examiner presiding over the proceeding, in the event of a
violation of this Section, must take whatever action is
necessary to ensure that the violation does not prejudice any
party or adversely affect the fairness of the proceedings.
(g) Nothing in this Section shall be construed to prevent
the State Board or any member of the State Board from
consulting with the attorney for the State Board.
(Source: P.A. 96-31, eff. 6-30-09.)
(Text of Section after amendment by P.A. 100-518)
(Section scheduled to be repealed on December 31, 2019)
Sec. 4.2. Ex parte communications.
(a) Except in the disposition of matters that agencies are
authorized by law to entertain or dispose of on an ex parte
basis including, but not limited to rule making, the State
Board, any State Board member, employee, or a hearing officer
shall not engage in ex parte communication in connection with
the substance of any formally filed application for a permit
with any person or party or the representative of any party.

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This subsection (a) applies when the Board, member, employee,
or hearing officer knows, or should know upon reasonable
inquiry, that the application or exemption has been formally
filed with the Board. Nothing in this Section shall prohibit
staff members from providing technical assistance to
applicants. Nothing in this Section shall prohibit staff from
verifying or clarifying an applicant's information as it
prepares the State Board Staff Report. Once an application for
permit or exemption is filed and deemed complete, a written
record of any communication between staff and an applicant
shall be prepared by staff and made part of the public record,
using a prescribed, standardized format, and shall be included
in the application file.
(b) A State Board member or employee may communicate with
other members or employees and any State Board member or
hearing officer may have the aid and advice of one or more
personal assistants.
(c) An ex parte communication received by the State Board,
any State Board member, employee, or a hearing officer shall be
made a part of the record of the matter, including all written
communications, all written responses to the communications,
and a memorandum stating the substance of all oral
communications and all responses made and the identity of each
person from whom the ex parte communication was received.
(d) "Ex parte communication" means a communication between
a person who is not a State Board member or employee and a

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State Board member or employee that reflects on the substance
of a pending or impending State Board proceeding and that takes
place outside the record of the proceeding. Communications
regarding matters of procedure and practice, such as the format
of pleading, number of copies required, manner of service, and
status of proceedings, are not considered ex parte
communications. Technical assistance with respect to an
application, not intended to influence any decision on the
application, may be provided by employees to the applicant. Any
assistance shall be documented in writing by the applicant and
employees within 10 business days after the assistance is
provided.
(e) For purposes of this Section, "employee" means a person
the State Board or the Agency employs on a full-time,
part-time, contract, or intern basis.
(f) The State Board, State Board member, or hearing
examiner presiding over the proceeding, in the event of a
violation of this Section, must take whatever action is
necessary to ensure that the violation does not prejudice any
party or adversely affect the fairness of the proceedings.
(g) Nothing in this Section shall be construed to prevent
the State Board or any member of the State Board from
consulting with the attorney for the State Board.
(Source: P.A. 100-518, eff. 6-1-18.)
(20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)

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(Text of Section before amendment by P.A. 100-518)
(Section scheduled to be repealed on December 31, 2019)
Sec. 5. Construction, modification, or establishment of
health care facilities or acquisition of major medical
equipment; permits or exemptions. No person shall construct,
modify or establish a health care facility or acquire major
medical equipment without first obtaining a permit or exemption
from the State Board. The State Board shall not delegate to the
staff of the State Board or any other person or entity the
authority to grant permits or exemptions whenever the staff or
other person or entity would be required to exercise any
discretion affecting the decision to grant a permit or
exemption. The State Board may, by rule, delegate authority to
the Chairman to grant permits or exemptions when applications
meet all of the State Board's review criteria and are
unopposed.
A permit or exemption shall be obtained prior to the
acquisition of major medical equipment or to the construction
or modification of a health care facility which:
(a) requires a total capital expenditure in excess of
the capital expenditure minimum; or
(b) substantially changes the scope or changes the
functional operation of the facility; or
(c) changes the bed capacity of a health care facility
by increasing the total number of beds or by distributing
beds among various categories of service or by relocating

HB4892 Enrolled - 12 - LRB100 17828 RJF 33008 b
beds from one physical facility or site to another by more
than 20 beds or more than 10% of total bed capacity as
defined by the State Board, whichever is less, over a
2-year 2 year period.
A permit shall be valid only for the defined construction
or modifications, site, amount and person named in the
application for such permit and shall not be transferable or
assignable. The State Board may approve the transfer of an
existing permit without regard to whether the permit to be
transferred has yet been financially committed, except for
permits to establish a new facility or category of service. A
permit shall be valid until such time as the project has been
completed, provided that the project commences and proceeds to
completion with due diligence by the completion date or
extension date approved by the Board.
A permit holder must do the following: (i) submit the final
completion and cost report for the project within 90 days after
the approved project completion date or extension date and (ii)
submit annual progress reports no earlier than 30 days before
and no later than 30 days after each anniversary date of the
Board's approval of the permit until the project is completed.
To maintain a valid permit and to monitor progress toward
project commencement and completion, routine post-permit
reports shall be limited to annual progress reports and the
final completion and cost report. Annual progress reports shall
include information regarding the committed funds expended

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toward the approved project. For projects to be completed in 12
months or fewer, the permit holder shall report financial
commitment in the final completion and cost report. For
projects to be completed between 12 to 24 months, the permit
holder shall report financial commitment in the first annual
report. For projects to be completed in more than 24 months the
permit holder shall report financial commitment in the second
annual progress report. The If the project is not completed in
one year, then, by the second annual report, the permit holder
shall expend 33% or more of the total project cost or shall
make a commitment to expend 33% or more of the total project
cost by signed contracts or other legal means, and the report
shall contain information regarding those expenditures and or
financial commitments. If the project is to be completed in one
year, then the first annual report shall contain the
expenditure commitment information for the total project cost.
The State Board may extend the expenditure commitment period
after considering a permit holder's showing of good cause and
request for additional time to complete the project.
The Certificate of Need process required under this Act is
designed to restrain rising health care costs by preventing
unnecessary construction or modification of health care
facilities. The Board must assure that the establishment,
construction, or modification of a health care facility or the
acquisition of major medical equipment is consistent with the
public interest and that the proposed project is consistent

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with the orderly and economic development or acquisition of
those facilities and equipment and is in accord with the
standards, criteria, or plans of need adopted and approved by
the Board. Board decisions regarding the construction of health
care facilities must consider capacity, quality, value, and
equity. Projects may deviate from the costs, fees, and expenses
provided in their project cost information for the project's
cost components, provided that the final total project cost
does not exceed the approved permit amount. Project alterations
shall not increase the total approved permit amount by more
than the limit set forth under the Board's rules.
Major construction projects, for the purposes of this Act,
shall include but are not limited to: projects for the
construction of new buildings; additions to existing
facilities; modernization projects whose cost is in excess of
$1,000,000 or 10% of the facilities' operating revenue,
whichever is less; and such other projects as the State Board
shall define and prescribe pursuant to this Act.
The acquisition by any person of major medical equipment
that will not be owned by or located in a health care facility
and that will not be used to provide services to inpatients of
a health care facility shall be exempt from review provided
that a notice is filed in accordance with exemption
requirements.
Notwithstanding any other provision of this Act, no permit
or exemption is required for the construction or modification

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of a non-clinical service area of a health care facility.
(Source: P.A. 97-1115, eff. 8-27-12; 98-414, eff. 1-1-14.)
(Text of Section after amendment by P.A. 100-518)
(Section scheduled to be repealed on December 31, 2019)
Sec. 5. Construction, modification, or establishment of
health care facilities or acquisition of major medical
equipment; permits or exemptions. No person shall construct,
modify or establish a health care facility or acquire major
medical equipment without first obtaining a permit or exemption
from the State Board. The State Board shall not delegate to the
staff of the State Board or any other person or entity the
authority to grant permits or exemptions whenever the staff or
other person or entity would be required to exercise any
discretion affecting the decision to grant a permit or
exemption. The State Board may, by rule, delegate authority to
the Chairman to grant permits or exemptions when applications
meet all of the State Board's review criteria and are
unopposed.
A permit or exemption shall be obtained prior to the
acquisition of major medical equipment or to the construction
or modification of a health care facility which:
(a) requires a total capital expenditure in excess of
the capital expenditure minimum; or
(b) substantially changes the scope or changes the
functional operation of the facility; or

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(c) changes the bed capacity of a health care facility
by increasing the total number of beds or by distributing
beds among various categories of service or by relocating
beds from one physical facility or site to another by more
than 20 beds or more than 10% of total bed capacity as
defined by the State Board, whichever is less, over a
2-year 2 year period.
A permit shall be valid only for the defined construction
or modifications, site, amount and person named in the
application for such permit and shall not be transferable or
assignable. The State Board may approve the transfer of an
existing permit without regard to whether the permit to be
transferred has yet been financially committed, except for
permits to establish a new facility or category of service. A
permit shall be valid until such time as the project has been
completed, provided that the project commences and proceeds to
completion with due diligence by the completion date or
extension date approved by the Board.
A permit holder must do the following: (i) submit the final
completion and cost report for the project within 90 days after
the approved project completion date or extension date and (ii)
submit annual progress reports no earlier than 30 days before
and no later than 30 days after each anniversary date of the
Board's approval of the permit until the project is completed.
To maintain a valid permit and to monitor progress toward
project commencement and completion, routine post-permit

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reports shall be limited to annual progress reports and the
final completion and cost report. Annual progress reports shall
include information regarding the committed funds expended
toward the approved project. For projects to be completed in 12
months or less, the permit holder shall report financial
commitment in the final completion and cost report. For
projects to be completed between 12 to 24 months, the permit
holder shall report financial commitment in the first annual
report. For projects to be completed in more than 24 months,
the permit holder shall report financial commitment in the
second annual progress report. The report shall contain
information regarding financial commitment expenditures and
financial or commitments. The State Board may extend the
financial commitment period after considering a permit
holder's showing of good cause and request for additional time
to complete the project.
The Certificate of Need process required under this Act is
designed to restrain rising health care costs by preventing
unnecessary construction or modification of health care
facilities. The Board must assure that the establishment,
construction, or modification of a health care facility or the
acquisition of major medical equipment is consistent with the
public interest and that the proposed project is consistent
with the orderly and economic development or acquisition of
those facilities and equipment and is in accord with the
standards, criteria, or plans of need adopted and approved by

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the Board. Board decisions regarding the construction of health
care facilities must consider capacity, quality, value, and
equity. Projects may deviate from the costs, fees, and expenses
provided in their project cost information for the project's
cost components, provided that the final total project cost
does not exceed the approved permit amount. Project alterations
shall not increase the total approved permit amount by more
than the limit set forth under the Board's rules.
Major construction projects, for the purposes of this Act,
shall include but are not limited to: projects for the
construction of new buildings; additions to existing
facilities; modernization projects whose cost is in excess of
$1,000,000 or 10% of the facilities' operating revenue,
whichever is less; and such other projects as the State Board
shall define and prescribe pursuant to this Act.
The acquisition by any person of major medical equipment
that will not be owned by or located in a health care facility
and that will not be used to provide services to inpatients of
a health care facility shall be exempt from review provided
that a notice is filed in accordance with exemption
requirements.
Notwithstanding any other provision of this Act, no permit
or exemption is required for the construction or modification
of a non-clinical service area of a health care facility.
(Source: P.A. 100-518, eff. 6-1-18.)

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(20 ILCS 3960/5.2)
(Section scheduled to be repealed on December 31, 2019)
Sec. 5.2. No After the effective date of this amendatory
Act of the 91st General Assembly, no person shall establish,
construct, or modify an institution, place, building, or room
used for the performance of outpatient surgical procedures that
is leased, owned, or operated by or on behalf of an
out-of-state facility without first obtaining a permit from the
State Board.
(Source: P.A. 91-782, eff. 6-9-00.)
(20 ILCS 3960/5.3)
(Section scheduled to be repealed on December 31, 2019)
Sec. 5.3. Annual report of capital expenditures.
(a) In addition to the State Board's authority to require
reports, the State Board shall require each health care
facility to submit an annual report of all capital expenditures
in excess of $200,000 (which shall be annually adjusted to
reflect the increase in construction costs due to inflation)
made by the health care facility during the most recent year.
This annual report shall consist of a brief description of the
capital expenditure, the amount and method of financing the
capital expenditure, the certificate of need project number if
the project was reviewed, and the total amount of capital
expenditures financially committed obligated for the year.
Data collected from health care facilities pursuant to this

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Section shall not duplicate or overlap other data collected by
the Department and must be collected as part of the State
Board's Annual Questionnaires or supplements for health care
facilities that report these data.
(b)(1) For the purposes of this subsection (b), "capital
expenditures" means only expenditures required under
subsection (a) for the erection, building, alteration,
reconstruction, modernization, improvement, extension, or
demolition of or by a hospital.
(2) If a hospital under the University of Illinois Hospital
Act or Hospital Licensing Act that has more than 100 beds
reports capital expenditures at or above the amount required
under subsection (a), then the hospital shall also meet the
reporting requirements under this subsection (b) for
female-owned, minority-owned, veteran-owned, and small
business enterprises with respect to those reported capital
expenditures.
(3) Each hospital shall include the following information
in its annual report:
(A) The hospital's capital expenditure spending goals
for female-owned, minority-owned, veteran-owned, and small
business enterprises. These goals shall be expressed as a
percentage of total capital expenditures reported by the
hospital submitting the report.
(B) The hospital's actual capital expenditure spending
for female-owned, minority-owned, veteran-owned, and small

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business enterprises. These actual expenditures shall be
expressed as a percentage of total capital expenditures
reported by the hospital submitting the report. The report
may include actual spending on female-owned,
minority-owned, veteran-owned, and small business
enterprises that is less than the capital expenditure
threshold required to be reported under subsection (a) of
this Section.
(C) The type or types of capital expenditure for which
the hospital shall be actively seeking supplier diversity
in the next year.
(D) An outline of the plan developed to alert and
encourage female-owned, minority-owned, veteran-owned, and
small business enterprises providing the type or types of
services identified in subparagraph (C) to seek business
from the hospital.
(E) An explanation of the challenges faced in finding
quality vendors and any suggestions for what the Health
Facilities and Services Review Board could do to be helpful
to identify those vendors.
(F) A list of the certifications the hospital
recognizes.
(G) The point of contact for any potential vendor who
wishes to do business with the hospital and an explanation
of the process for a vendor to enroll with the hospital as
a female-owned, minority-owned, veteran-owned, or small

HB4892 Enrolled - 22 - LRB100 17828 RJF 33008 b
business enterprise.
(H) Any particular success stories to encourage other
hospitals to emulate best practices.
(4) A health care system may develop a system-wide annual
report that includes all hospitals in order to comply with the
requirements of this subsection (b). Each annual report shall
include as much State-specific data as possible. If the
submitting entity does not submit State-specific data, then the
hospital shall include any national data it does have and
explain why it could not submit State-specific data and how it
intends to do so in future reports, if possible.
(5) Subject to appropriation, the Department of Central
Management Services shall hold an annual workshop open to the
public in 2017 and every year thereafter on the state of
supplier diversity to collaboratively seek solutions to
structural impediments to achieving stated goals, including
testimony from subject matter experts.
(6) The Health Facilities and Services Review Board shall
publish a database on its website of the point of contact for
each hospital for supplier diversity, along with a list of
certifications each hospital recognizes from the information
submitted in each annual report. The Health Facilities and
Services Review Board shall publish each annual report on its
website and shall maintain each annual report for at least 5
years.
(7) Notwithstanding any other provision of law, the Health

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Facilities and Services Review Board shall not inquire about,
review, obtain, or in any other way consider the information
provided in this Section when reviewing an application for a
permit or exemption or in taking any other action under this
Act.
(8) The annual report required under this subsection (b)
shall be submitted by each hospital for its fiscal years that
begin at least 6 months after the effective date of this
amendatory Act of the 99th General Assembly.
(Source: P.A. 98-1086, eff. 8-26-14; 99-767, eff. 8-12-16.)
(20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
(Text of Section before amendment by P.A. 100-518)
(Section scheduled to be repealed on December 31, 2019)
Sec. 6. Application for permit or exemption; exemption
regulations.
(a) An application for a permit or exemption shall be made
to the State Board upon forms provided by the State Board. This
application shall contain such information as the State Board
deems necessary. The State Board shall not require an applicant
to file a Letter of Intent before an application is filed. Such
application shall include affirmative evidence on which the
State Board or Chairman may make its decision on the approval
or denial of the permit or exemption.
(b) The State Board shall establish by regulation the
procedures and requirements regarding issuance of exemptions.

HB4892 Enrolled - 24 - LRB100 17828 RJF 33008 b
An exemption shall be approved when information required by the
Board by rule is submitted. Projects eligible for an exemption,
rather than a permit, include, but are not limited to, change
of ownership of a health care facility, discontinuation of a
category of service, and discontinuation of a health care
facility, other than a health care facility maintained by the
State or any agency or department thereof or a nursing home
maintained by a county. For a change of ownership of a health
care facility, the State Board shall provide by rule for an
expedited process for obtaining an exemption in accordance with
Section 8.5 of this Act. In connection with a change of
ownership, the State Board may approve the transfer of an
existing permit without regard to whether the permit to be
transferred has yet been obligated, except for permits
establishing a new facility or a new category of service.
(c) All applications shall be signed by the applicant and
shall be verified by any 2 officers thereof.
(c-5) Any written review or findings of the Board staff or
any other reviewing organization under Section 8 concerning an
application for a permit must be made available to the public
at least 14 calendar days before the meeting of the State Board
at which the review or findings are considered. The applicant
and members of the public may submit, to the State Board,
written responses regarding the facts set forth in the review
or findings of the Board staff or reviewing organization.
Members of the public shall have until 10 days before the

HB4892 Enrolled - 25 - LRB100 17828 RJF 33008 b
meeting of the State Board to submit any written response
concerning the Board staff's written review or findings. The
Board staff may revise any findings to address corrections of
factual errors cited in the public response. At the meeting,
the State Board may, in its discretion, permit the submission
of other additional written materials.
(d) Upon receipt of an application for a permit, the State
Board shall approve and authorize the issuance of a permit if
it finds (1) that the applicant is fit, willing, and able to
provide a proper standard of health care service for the
community with particular regard to the qualification,
background and character of the applicant, (2) that economic
feasibility is demonstrated in terms of effect on the existing
and projected operating budget of the applicant and of the
health care facility; in terms of the applicant's ability to
establish and operate such facility in accordance with
licensure regulations promulgated under pertinent state laws;
and in terms of the projected impact on the total health care
expenditures in the facility and community, (3) that safeguards
are provided that which assure that the establishment,
construction or modification of the health care facility or
acquisition of major medical equipment is consistent with the
public interest, and (4) that the proposed project is
consistent with the orderly and economic development of such
facilities and equipment and is in accord with standards,
criteria, or plans of need adopted and approved pursuant to the

HB4892 Enrolled - 26 - LRB100 17828 RJF 33008 b
provisions of Section 12 of this Act.
(Source: P.A. 99-154, eff. 7-28-15.)
(Text of Section after amendment by P.A. 100-518)
(Section scheduled to be repealed on December 31, 2019)
Sec. 6. Application for permit or exemption; exemption
regulations.
(a) An application for a permit or exemption shall be made
to the State Board upon forms provided by the State Board. This
application shall contain such information as the State Board
deems necessary. The State Board shall not require an applicant
to file a Letter of Intent before an application is filed. Such
application shall include affirmative evidence on which the
State Board or Chairman may make its decision on the approval
or denial of the permit or exemption.
(b) The State Board shall establish by regulation the
procedures and requirements regarding issuance of exemptions.
An exemption shall be approved when information required by the
Board by rule is submitted. Projects eligible for an exemption,
rather than a permit, include, but are not limited to, change
of ownership of a health care facility, discontinuation of a
category of service, and discontinuation of a health care
facility, other than a health care facility maintained by the
State or any agency or department thereof or a nursing home
maintained by a county. For a change of ownership of a health
care facility, the State Board shall provide by rule for an

HB4892 Enrolled - 27 - LRB100 17828 RJF 33008 b
expedited process for obtaining an exemption in accordance with
Section 8.5 of this Act. In connection with a change of
ownership, the State Board may approve the transfer of an
existing permit without regard to whether the permit to be
transferred has yet been obligated, except for permits
establishing a new facility or a new category of service.
(c) All applications shall be signed by the applicant and
shall be verified by any 2 officers thereof.
(c-5) Any written review or findings of the Board staff
concerning an application for a permit must be made available
to the public at least 14 calendar days before the meeting of
the State Board at which the review or findings are considered.
The applicant and members of the public may submit, to the
State Board, written responses regarding the facts set forth in
the review or findings of the Board staff or reviewing
organization. Members of the public shall have until 10 days
before the meeting of the State Board to submit any written
response concerning the Board staff's written review or
findings. The Board staff may revise any findings to address
corrections of factual errors cited in the public response. At
the meeting, the State Board may, in its discretion, permit the
submission of other additional written materials.
(d) Upon receipt of an application for a permit, the State
Board shall approve and authorize the issuance of a permit if
it finds (1) that the applicant is fit, willing, and able to
provide a proper standard of health care service for the

HB4892 Enrolled - 28 - LRB100 17828 RJF 33008 b
community with particular regard to the qualification,
background and character of the applicant, (2) that economic
feasibility is demonstrated in terms of effect on the existing
and projected operating budget of the applicant and of the
health care facility; in terms of the applicant's ability to
establish and operate such facility in accordance with
licensure regulations promulgated under pertinent state laws;
and in terms of the projected impact on the total health care
expenditures in the facility and community, (3) that safeguards
are provided that which assure that the establishment,
construction or modification of the health care facility or
acquisition of major medical equipment is consistent with the
public interest, and (4) that the proposed project is
consistent with the orderly and economic development of such
facilities and equipment and is in accord with standards,
criteria, or plans of need adopted and approved pursuant to the
provisions of Section 12 of this Act.
(Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18.)
(20 ILCS 3960/6.2)
(Section scheduled to be repealed on December 31, 2019)
Sec. 6.2. Review of permits; State Board Staff Reports.
Upon receipt of an application for a permit to establish,
construct, or modify a health care facility, the State Board
staff shall notify the applicant in writing within 10 working
days either that the application is or is not substantially

HB4892 Enrolled - 29 - LRB100 17828 RJF 33008 b
complete. If the application is substantially complete, the
State Board staff shall notify the applicant of the beginning
of the review process. If the application is not substantially
complete, the Board staff shall explain within the 10-day
period why the application is incomplete.
The State Board staff shall afford a reasonable amount of
time as established by the State Board, but not to exceed 120
days, for the review of the application. The 120-day period
begins on the day the application is found to be substantially
complete, as that term is defined by the State Board. During
the 120-day period, the applicant may request an extension. An
applicant may modify the application at any time before a final
administrative decision has been made on the application.
The State Board staff shall submit its State Board Staff
Report to the State Board for its decision-making regarding
approval or denial of the permit.
When an application for a permit is initially reviewed by
State Board staff, as provided in this Section, the State Board
shall, upon request by the applicant or an interested person,
afford an opportunity for a public hearing within a reasonable
amount of time after receipt of the complete application, but
not to exceed 90 days after receipt of the complete
application. Notice of the hearing shall be made promptly, not
less than 10 days before the hearing, by certified mail to the
applicant and, not less than 10 days before the hearing, by
publication in a newspaper of general circulation in the area

HB4892 Enrolled - 30 - LRB100 17828 RJF 33008 b
or community to be affected. The hearing shall be held in the
area or community in which the proposed project is to be
located and shall be for the purpose of allowing the applicant
and any interested person to present public testimony
concerning the approval, denial, renewal, or revocation of the
permit. All interested persons attending the hearing shall be
given a reasonable opportunity to present their views or
arguments in writing or orally, and a record of all of the
testimony shall accompany any findings of the State Board
staff. The State Board shall adopt reasonable rules and
regulations governing the procedure and conduct of the
hearings.
(Source: P.A. 98-1086, eff. 8-26-14; 99-114, eff. 7-23-15.)
(20 ILCS 3960/7) (from Ch. 111 1/2, par. 1157)
(Section scheduled to be repealed on December 31, 2019)
Sec. 7. The Administrator Director or the Chairman of the
State Board may request the cooperation of county and
multiple-county health departments, municipal boards of
health, and other governmental and nongovernmental agencies in
obtaining information and in conducting investigations
relating to applications for permits.
(Source: P.A. 89-276, eff. 8-10-95.)
(20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
(Section scheduled to be repealed on December 31, 2019)

HB4892 Enrolled - 31 - LRB100 17828 RJF 33008 b
Sec. 10. Presenting information relevant to the approval of
a permit or certificate or in opposition to the denial of the
application; notice of outcome and review proceedings. When a
motion by the State Board, to approve an application for a
permit, fails to pass, or when a motion to deny an application
for a permit is passed, the applicant or the holder of the
permit, as the case may be, and such other parties as the State
Board permits, will be given an opportunity to appear before
the State Board and present such information as may be relevant
to the approval of a permit or in opposition to the denial of
the application.
Subsequent to an appearance by the applicant before the
State Board or default of such opportunity to appear, a motion
by the State Board to approve an application for a permit which
fails to pass or a motion to deny an application for a permit
which passes shall be considered denial of the application for
a permit, as the case may be. Such action of denial or an
action by the State Board to revoke a permit shall be
communicated to the applicant or holder of the permit. Such
person or organization shall be afforded an opportunity for a
hearing before an administrative law judge, who is appointed by
the Chairman of the State Board. A written notice of a request
for such hearing shall be served upon the Chairman of the State
Board within 30 days following notification of the decision of
the State Board. The administrative law judge shall take
actions necessary to ensure that the hearing is completed

HB4892 Enrolled - 32 - LRB100 17828 RJF 33008 b
within a reasonable period of time, but not to exceed 120 days,
except for delays or continuances agreed to by the person
requesting the hearing. Following its consideration of the
report of the hearing, or upon default of the party to the
hearing, the State Board shall make its final determination,
specifying its findings and conclusions within 90 days of
receiving the written report of the hearing. A copy of such
determination shall be sent by certified mail or served
personally upon the party.
A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint, and
all other documents in the nature of pleadings, written motions
filed in the proceedings, and the report and orders of the
State Board or hearing officer. All testimony shall be reported
but need not be transcribed unless the decision is appealed in
accordance with the Administrative Review Law, as now or
hereafter amended. A copy or copies of the transcript may be
obtained by any interested party on payment of the cost of
preparing such copy or copies.
The State Board or hearing officer shall upon its own or
his motion, or on the written request of any party to the
proceeding who has, in the State Board's or hearing officer's
opinion, demonstrated the relevancy of such request to the
outcome of the proceedings, issue subpoenas requiring the
attendance and the giving of testimony by witnesses, and
subpoenas duces tecum requiring the production of books,

HB4892 Enrolled - 33 - LRB100 17828 RJF 33008 b
papers, records, or memoranda. The fees of witnesses for
attendance and travel shall be the same as the fees of
witnesses before the circuit court of this State.
When the witness is subpoenaed at the instance of the State
Board, or its hearing officer, such fees shall be paid in the
same manner as other expenses of the Board, and when the
witness is subpoenaed at the instance of any other party to any
such proceeding the State Board may, in accordance with its
rules, require that the cost of service of the subpoena or
subpoena duces tecum and the fee of the witness be borne by the
party at whose instance the witness is summoned. In such case,
the State Board in its discretion, may require a deposit to
cover the cost of such service and witness fees. A subpoena or
subpoena duces tecum so issued shall be served in the same
manner as a subpoena issued out of a court.
Any circuit court of this State upon the application of the
State Board or upon the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before it or its hearing
officer conducting an investigation or holding a hearing
authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be
compelled before the court.
(Source: P.A. 98-1086, eff. 8-26-14; 99-527, eff. 1-1-17.)

HB4892 Enrolled - 34 - LRB100 17828 RJF 33008 b
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
(Text of Section before amendment by P.A. 100-518)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
(1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services, giving special consideration to the impact of
projects on access to safety net services.
(2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
(3) (Blank).
(4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of

HB4892 Enrolled - 35 - LRB100 17828 RJF 33008 b
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD Community Care Act, skilled or intermediate
care facilities licensed under the MC/DD Act, facilities
licensed under the Specialized Mental Health Rehabilitation
Act of 2013, or nursing homes licensed under the Hospital
Licensing Act shall be conducted on an annual basis no later
than July 1 of each year and shall include among the
information requested a list of all services provided by a
facility to its residents and to the community at large and
differentiate between active and inactive beds.
In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
(a) The size, composition and growth of the population
of the area to be served;
(b) The number of existing and planned facilities
offering similar programs;
(c) The extent of utilization of existing facilities;
(d) The availability of facilities which may serve as
alternatives or substitutes;
(e) The availability of personnel necessary to the
operation of the facility;
(f) Multi-institutional planning and the establishment

HB4892 Enrolled - 36 - LRB100 17828 RJF 33008 b
of multi-institutional systems where feasible;
(g) The financial and economic feasibility of proposed
construction or modification; and
(h) In the case of health care facilities established
by a religious body or denomination, the needs of the
members of such religious body or denomination may be
considered to be public need.
The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
(5) Coordinate with other state agencies having
responsibilities affecting health care facilities, including
those of licensure and cost reporting.
(6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board in the administration of this Act;
and enter into contracts consistent with the appropriations for
purposes enumerated in this Act.
(7) (Blank). The State Board shall prescribe procedures for
review, standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
(8) Prescribe rules, regulations, standards, and criteria

HB4892 Enrolled - 37 - LRB100 17828 RJF 33008 b
for the conduct of an expeditious review of applications for
permits for projects of construction or modification of a
health care facility, which projects are classified as
emergency, substantive, or non-substantive in nature.
Substantive Six months after June 30, 2009 (the effective
date of Public Act 96-31), substantive projects shall include
no more than the following:
(a) Projects to construct (1) a new or replacement
facility located on a new site or (2) a replacement
facility located on the same site as the original facility
and the cost of the replacement facility exceeds the
capital expenditure minimum, which shall be reviewed by the
Board within 120 days;
(b) Projects proposing a (1) new service within an
existing healthcare facility or (2) discontinuation of a
service within an existing healthcare facility, which
shall be reviewed by the Board within 60 days; or
(c) Projects proposing a change in the bed capacity of
a health care facility by an increase in the total number
of beds or by a redistribution of beds among various
categories of service or by a relocation of beds from one
physical facility or site to another by more than 20 beds
or more than 10% of total bed capacity, as defined by the
State Board, whichever is less, over a 2-year period.
The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full

HB4892 Enrolled - 38 - LRB100 17828 RJF 33008 b
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
Such rules shall not prevent the conduct of a public
hearing upon the timely request of an interested party. Such
reviews shall not exceed 60 days from the date the application
is declared to be complete.
(9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
(10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
(10.5) Provide its rationale when voting on an item before
it at a State Board meeting in order to comply with subsection
(b) of Section 3-108 of the Code of Civil Procedure.
(11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board. Requests for a

HB4892 Enrolled - 39 - LRB100 17828 RJF 33008 b
written decision shall be made within 15 days after the Board
meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The transcript of the State Board
meeting shall be incorporated into the Board's final decision.
The staff of the Board shall prepare a written copy of the
final decision and the Board shall approve a final copy for
inclusion in the formal record. The Board shall consider, for
approval, the written draft of the final decision no later than
the next scheduled Board meeting. The written decision shall
identify the applicable criteria and factors listed in this Act
and the Board's regulations that were taken into consideration
by the Board when coming to a final decision. If the Board
denies or fails to approve an application for permit or
exemption, the Board shall include in the final decision a
detailed explanation as to why the application was denied and
identify what specific criteria or standards the applicant did
not fulfill.
(12) (Blank). Require at least one of its members to
participate in any public hearing, after the appointment of a
majority of the members to the Board.
(13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
(14) Implement public information campaigns to regularly

HB4892 Enrolled - 40 - LRB100 17828 RJF 33008 b
inform the general public about the opportunity for public
hearings and public hearing procedures.
(15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
The Subcommittee shall make recommendations to the Board no
later than January 1, 2016 and every January thereafter
pursuant to the Subcommittee's responsibility for the
continuous review and commentary on policies and procedures
relative to long-term care. In consultation with other experts
from the health field of long-term care, the Board and the
Subcommittee shall study new approaches to the current bed need
formula and Health Service Area boundaries to encourage
flexibility and innovation in design models reflective of the

HB4892 Enrolled - 41 - LRB100 17828 RJF 33008 b
changing long-term care marketplace and consumer preferences
and submit its recommendations to the Chairman of the Board no
later than January 1, 2017. The Subcommittee shall evaluate,
and make recommendations to the State Board regarding, the
buying, selling, and exchange of beds between long-term care
facilities within a specified geographic area or drive time.
The Board shall file the proposed related administrative rules
for the separate rules and guidelines for long-term care
required by this paragraph (15) by no later than September 30,
2011. The Subcommittee shall be provided a reasonable and
timely opportunity to review and comment on any review,
revision, or updating of the criteria, standards, procedures,
and rules used to evaluate project applications as provided
under Section 12.3 of this Act.
The Chairman of the Board shall appoint voting members of
the Subcommittee, who shall serve for a period of 3 years, with
one-third of the terms expiring each January, to be determined
by lot. Appointees shall include, but not be limited to,
recommendations from each of the 3 statewide long-term care
associations, with an equal number to be appointed from each.
Compliance with this provision shall be through the appointment
and reappointment process. All appointees serving as of April
1, 2015 shall serve to the end of their term as determined by
lot or until the appointee voluntarily resigns, whichever is
earlier.
One representative from the Department of Public Health,

HB4892 Enrolled - 42 - LRB100 17828 RJF 33008 b
the Department of Healthcare and Family Services, the
Department on Aging, and the Department of Human Services may
each serve as an ex-officio non-voting member of the
Subcommittee. The Chairman of the Board shall select a
Subcommittee Chair, who shall serve for a period of 3 years.
(16) Prescribe the format of the State Board Staff Report.
A State Board Staff Report shall pertain to applications that
include, but are not limited to, applications for permit or
exemption, applications for permit renewal, applications for
extension of the financial commitment obligation period,
applications requesting a declaratory ruling, or applications
under the Health Care Worker Self-Referral Act. State Board
Staff Reports shall compare applications to the relevant review
criteria under the Board's rules.
(17) Establish a separate set of rules and guidelines for
facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013. An application for the
re-establishment of a facility in connection with the
relocation of the facility shall not be granted unless the
applicant has a contractual relationship with at least one
hospital to provide emergency and inpatient mental health
services required by facility consumers, and at least one
community mental health agency to provide oversight and
assistance to facility consumers while living in the facility,
and appropriate services, including case management, to assist
them to prepare for discharge and reside stably in the

HB4892 Enrolled - 43 - LRB100 17828 RJF 33008 b
community thereafter. No new facilities licensed under the
Specialized Mental Health Rehabilitation Act of 2013 shall be
established after June 16, 2014 (the effective date of Public
Act 98-651) except in connection with the relocation of an
existing facility to a new location. An application for a new
location shall not be approved unless there are adequate
community services accessible to the consumers within a
reasonable distance, or by use of public transportation, so as
to facilitate the goal of achieving maximum individual
self-care and independence. At no time shall the total number
of authorized beds under this Act in facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013 exceed
the number of authorized beds on June 16, 2014 (the effective
date of Public Act 98-651).
(Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff.
7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277,
eff. 8-5-15; 99-527, eff. 1-1-17; 99-642, eff. 7-28-16.)
(Text of Section after amendment by P.A. 100-518)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
(1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose

HB4892 Enrolled - 44 - LRB100 17828 RJF 33008 b
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services, giving special consideration to the impact of
projects on access to safety net services.
(2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
(3) (Blank).
(4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD Community Care Act, skilled or intermediate
care facilities licensed under the MC/DD Act, facilities
licensed under the Specialized Mental Health Rehabilitation

HB4892 Enrolled - 45 - LRB100 17828 RJF 33008 b
Act of 2013, or nursing homes licensed under the Hospital
Licensing Act shall be conducted on an annual basis no later
than July 1 of each year and shall include among the
information requested a list of all services provided by a
facility to its residents and to the community at large and
differentiate between active and inactive beds.
In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
(a) The size, composition and growth of the population
of the area to be served;
(b) The number of existing and planned facilities
offering similar programs;
(c) The extent of utilization of existing facilities;
(d) The availability of facilities which may serve as
alternatives or substitutes;
(e) The availability of personnel necessary to the
operation of the facility;
(f) Multi-institutional planning and the establishment
of multi-institutional systems where feasible;
(g) The financial and economic feasibility of proposed
construction or modification; and
(h) In the case of health care facilities established
by a religious body or denomination, the needs of the
members of such religious body or denomination may be
considered to be public need.
The health care facility plans which are developed and

HB4892 Enrolled - 46 - LRB100 17828 RJF 33008 b
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
(5) Coordinate with other state agencies having
responsibilities affecting health care facilities, including
those of licensure and cost reporting.
(6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board in the administration of this Act;
and enter into contracts consistent with the appropriations for
purposes enumerated in this Act.
(7) (Blank). The State Board shall prescribe procedures for
review, standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
(8) Prescribe rules, regulations, standards, and criteria
for the conduct of an expeditious review of applications for
permits for projects of construction or modification of a
health care facility, which projects are classified as
emergency, substantive, or non-substantive in nature.
Substantive Six months after June 30, 2009 (the effective
date of Public Act 96-31), substantive projects shall include
no more than the following:
(a) Projects to construct (1) a new or replacement

HB4892 Enrolled - 47 - LRB100 17828 RJF 33008 b
facility located on a new site or (2) a replacement
facility located on the same site as the original facility
and the cost of the replacement facility exceeds the
capital expenditure minimum, which shall be reviewed by the
Board within 120 days;
(b) Projects proposing a (1) new service within an
existing healthcare facility or (2) discontinuation of a
service within an existing healthcare facility, which
shall be reviewed by the Board within 60 days; or
(c) Projects proposing a change in the bed capacity of
a health care facility by an increase in the total number
of beds or by a redistribution of beds among various
categories of service or by a relocation of beds from one
physical facility or site to another by more than 20 beds
or more than 10% of total bed capacity, as defined by the
State Board, whichever is less, over a 2-year period.
The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
Such rules shall not prevent the conduct of a public
hearing upon the timely request of an interested party. Such
reviews shall not exceed 60 days from the date the application
is declared to be complete.
(9) Prescribe rules, regulations, standards, and criteria

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pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
(10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
(10.5) Provide its rationale when voting on an item before
it at a State Board meeting in order to comply with subsection
(b) of Section 3-108 of the Code of Civil Procedure.
(11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board. Requests for a
written decision shall be made within 15 days after the Board
meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The transcript of the State Board
meeting shall be incorporated into the Board's final decision.
The staff of the Board shall prepare a written copy of the

HB4892 Enrolled - 49 - LRB100 17828 RJF 33008 b
final decision and the Board shall approve a final copy for
inclusion in the formal record. The Board shall consider, for
approval, the written draft of the final decision no later than
the next scheduled Board meeting. The written decision shall
identify the applicable criteria and factors listed in this Act
and the Board's regulations that were taken into consideration
by the Board when coming to a final decision. If the Board
denies or fails to approve an application for permit or
exemption, the Board shall include in the final decision a
detailed explanation as to why the application was denied and
identify what specific criteria or standards the applicant did
not fulfill.
(12) (Blank). Require at least one of its members to
participate in any public hearing, after the appointment of a
majority of the members to the Board.
(13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
(14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
(15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of

HB4892 Enrolled - 50 - LRB100 17828 RJF 33008 b
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
The Subcommittee shall make recommendations to the Board no
later than January 1, 2016 and every January thereafter
pursuant to the Subcommittee's responsibility for the
continuous review and commentary on policies and procedures
relative to long-term care. In consultation with other experts
from the health field of long-term care, the Board and the
Subcommittee shall study new approaches to the current bed need
formula and Health Service Area boundaries to encourage
flexibility and innovation in design models reflective of the
changing long-term care marketplace and consumer preferences
and submit its recommendations to the Chairman of the Board no
later than January 1, 2017. The Subcommittee shall evaluate,
and make recommendations to the State Board regarding, the
buying, selling, and exchange of beds between long-term care
facilities within a specified geographic area or drive time.
The Board shall file the proposed related administrative rules
for the separate rules and guidelines for long-term care

HB4892 Enrolled - 51 - LRB100 17828 RJF 33008 b
required by this paragraph (15) by no later than September 30,
2011. The Subcommittee shall be provided a reasonable and
timely opportunity to review and comment on any review,
revision, or updating of the criteria, standards, procedures,
and rules used to evaluate project applications as provided
under Section 12.3 of this Act.
The Chairman of the Board shall appoint voting members of
the Subcommittee, who shall serve for a period of 3 years, with
one-third of the terms expiring each January, to be determined
by lot. Appointees shall include, but not be limited to,
recommendations from each of the 3 statewide long-term care
associations, with an equal number to be appointed from each.
Compliance with this provision shall be through the appointment
and reappointment process. All appointees serving as of April
1, 2015 shall serve to the end of their term as determined by
lot or until the appointee voluntarily resigns, whichever is
earlier.
One representative from the Department of Public Health,
the Department of Healthcare and Family Services, the
Department on Aging, and the Department of Human Services may
each serve as an ex-officio non-voting member of the
Subcommittee. The Chairman of the Board shall select a
Subcommittee Chair, who shall serve for a period of 3 years.
(16) Prescribe the format of the State Board Staff Report.
A State Board Staff Report shall pertain to applications that
include, but are not limited to, applications for permit or

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exemption, applications for permit renewal, applications for
extension of the financial commitment period, applications
requesting a declaratory ruling, or applications under the
Health Care Worker Self-Referral Act. State Board Staff Reports
shall compare applications to the relevant review criteria
under the Board's rules.
(17) Establish a separate set of rules and guidelines for
facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013. An application for the
re-establishment of a facility in connection with the
relocation of the facility shall not be granted unless the
applicant has a contractual relationship with at least one
hospital to provide emergency and inpatient mental health
services required by facility consumers, and at least one
community mental health agency to provide oversight and
assistance to facility consumers while living in the facility,
and appropriate services, including case management, to assist
them to prepare for discharge and reside stably in the
community thereafter. No new facilities licensed under the
Specialized Mental Health Rehabilitation Act of 2013 shall be
established after June 16, 2014 (the effective date of Public
Act 98-651) except in connection with the relocation of an
existing facility to a new location. An application for a new
location shall not be approved unless there are adequate
community services accessible to the consumers within a
reasonable distance, or by use of public transportation, so as

HB4892 Enrolled - 53 - LRB100 17828 RJF 33008 b
to facilitate the goal of achieving maximum individual
self-care and independence. At no time shall the total number
of authorized beds under this Act in facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013 exceed
the number of authorized beds on June 16, 2014 (the effective
date of Public Act 98-651).
(Source: P.A. 99-78, eff. 7-20-15; 99-114, eff. 7-23-15;
99-180, eff. 7-29-15; 99-277, eff. 8-5-15; 99-527, eff. 1-1-17;
99-642, eff. 7-28-16; 100-518, eff. 6-1-18.)
(20 ILCS 3960/12.2)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12.2. Powers of the State Board staff. For purposes of
this Act, the staff shall exercise the following powers and
duties:
(1) Review applications for permits and exemptions in
accordance with the standards, criteria, and plans of need
established by the State Board under this Act and certify
its finding to the State Board.
(1.5) Post the following on the Board's web site:
relevant (i) rules, (ii) standards, (iii) criteria, (iv)
State norms, (v) references used by Board staff in making
determinations about whether application criteria are met,
and (vi) notices of project-related filings, including
notice of public comments related to the application.
(2) Charge and collect an amount determined by the

HB4892 Enrolled - 54 - LRB100 17828 RJF 33008 b
State Board and the staff to be reasonable fees for the
processing of applications by the State Board. The State
Board shall set the amounts by rule. Application fees for
continuing care retirement communities, and other health
care models that include regulated and unregulated
components, shall apply only to those components subject to
regulation under this Act. All fees and fines collected
under the provisions of this Act shall be deposited into
the Illinois Health Facilities Planning Fund to be used for
the expenses of administering this Act.
(2.1) Publish the following reports on the State Board
website:
(A) An annual accounting, aggregated by category
and with names of parties redacted, of fees, fines, and
other revenue collected as well as expenses incurred,
in the administration of this Act.
(B) An annual report, with names of the parties
redacted, that summarizes all settlement agreements
entered into with the State Board that resolve an
alleged instance of noncompliance with State Board
requirements under this Act.
(C) (Blank). A monthly report that includes the
status of applications and recommendations regarding
updates to the standard, criteria, or the health plan
as appropriate.
(D) Board reports showing the degree to which an

HB4892 Enrolled - 55 - LRB100 17828 RJF 33008 b
application conforms to the review standards, a
summation of relevant public testimony, and any
additional information that staff wants to
communicate.
(3) Coordinate with other State agencies having
responsibilities affecting health care facilities,
including licensure and cost reporting agencies.
(Source: P.A. 98-1086, eff. 8-26-14; 99-527, eff. 1-1-17.)
(20 ILCS 3960/12.3)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12.3. Revision of criteria, standards, and rules. At
least every 2 years, the State Board shall review, revise, and
update the criteria, standards, and rules used to evaluate
applications for permit and exemption. The Board may appoint
temporary advisory committees made up of experts with
professional competence in the subject matter of the proposed
standards or criteria to assist in the development of revisions
to requirements, standards, and criteria. In particular, the
review of the criteria, standards, and rules shall consider:
(1) Whether the requirements, criteria, and standards
reflect current industry standards and anticipated trends.
(2) Whether the criteria and standards can be reduced
or eliminated.
(3) Whether requirements, criteria, and standards can
be developed to authorize the construction of unfinished

HB4892 Enrolled - 56 - LRB100 17828 RJF 33008 b
space for future use when the ultimate need for such space
can be reasonably projected.
(4) Whether the criteria and standards take into
account issues related to population growth and changing
demographics in a community.
(5) Whether facility-defined service and planning
areas should be recognized.
(6) Whether categories of service that are subject to
review should be re-evaluated, including provisions
related to structural, functional, and operational
differences between long-term care facilities and acute
care facilities and that allow routine changes of
ownership, facility sales, and closure requests to be
processed on a more timely basis.
(Source: P.A. 99-527, eff. 1-1-17.)
(20 ILCS 3960/12.4)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12.4. Hospital reduction in health care services;
notice. If a hospital reduces any of the Categories of Service
as outlined in Title 77, Chapter II, Part 1110 in the Illinois
Administrative Code, or any other service as defined by rule by
the State Board, by 50% or more according to rules adopted by
the State Board, then within 30 days after reducing the
service, the hospital must give written notice of the reduction
in service to the State Board, the Department of Public Health,

HB4892 Enrolled - 57 - LRB100 17828 RJF 33008 b
and the State Senator and 2 State Representative
Representatives serving the legislative district in which the
hospital is located. The State Board shall adopt rules to
implement this Section, including rules that specify (i) how
each health care service is defined, if not already defined in
the State Board's rules, and (ii) what constitutes a reduction
in service of 50% or more.
(Source: P.A. 93-940, eff. 1-1-05.)
(20 ILCS 3960/12.5)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12.5. Update existing bed inventory and associated bed
need projections. The While the Task Force on Health Planning
Reform will make long-term recommendations related to the
method and formula for calculating the bed inventory and
associated bed need projections, there is a current need for
the bed inventory to be updated prior to the issuance of the
recommendations of the Task Force. Therefore, the State Board
shall regularly immediately update the existing bed inventory
and associated bed need projections required by Sections 12 and
12.3 of this Act, using the most recently published historical
utilization data, 5-year population projections, and an
appropriate migration factor for the medical-surgical and
pediatric category of service which shall be no less than 50%.
The State Board shall provide written documentation providing
the methodology and rationale used to determine the appropriate

HB4892 Enrolled - 58 - LRB100 17828 RJF 33008 b
migration factor.
(Source: P.A. 97-1115, eff. 8-27-12; 98-1086, eff. 8-26-14.)
(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
(Section scheduled to be repealed on December 31, 2019)
Sec. 13. Investigation of applications for permits and
certificates of recognition. The State Board shall make or
cause to be made such investigations as it deems necessary in
connection with an application for a permit or an application
for a certificate of recognition, or in connection with a
determination of whether or not construction or modification
that which has been commenced is in accord with the permit
issued by the State Board, or whether construction or
modification has been commenced without a permit having been
obtained. The State Board may issue subpoenas duces tecum
requiring the production of records and may administer oaths to
such witnesses.
Any circuit court of this State, upon the application of
the State Board or upon the application of any party to such
proceedings, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the State Board,
by a proceeding as for contempt, or otherwise, in the same
manner as production of evidence may be compelled before the
court.
The State Board shall require all health facilities

HB4892 Enrolled - 59 - LRB100 17828 RJF 33008 b
operating in this State to provide such reasonable reports at
such times and containing such information as is needed by it
to carry out the purposes and provisions of this Act. Prior to
collecting information from health facilities, the State Board
shall make reasonable efforts through a public process to
consult with health facilities and associations that represent
them to determine whether data and information requests will
result in useful information for health planning, whether
sufficient information is available from other sources, and
whether data requested is routinely collected by health
facilities and is available without retrospective record
review. Data and information requests shall not impose undue
paperwork burdens on health care facilities and personnel.
Health facilities not complying with this requirement shall be
reported to licensing, accrediting, certifying, or payment
agencies as being in violation of State law. Health care
facilities and other parties at interest shall have reasonable
access, under rules established by the State Board, to all
planning information submitted in accord with this Act
pertaining to their area.
Among the reports to be required by the State Board are
facility questionnaires for health care facilities licensed
under the Ambulatory Surgical Treatment Center Act, the
Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
Community Care Act, the MC/DD Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the End Stage Renal

HB4892 Enrolled - 60 - LRB100 17828 RJF 33008 b
Disease Facility Act. These questionnaires shall be conducted
on an annual basis and compiled by the State Board. For health
care facilities licensed under the Nursing Home Care Act or the
Specialized Mental Health Rehabilitation Act of 2013, these
reports shall include, but not be limited to, the
identification of specialty services provided by the facility
to patients, residents, and the community at large. Annual
reports for facilities licensed under the ID/DD Community Care
Act and facilities licensed under the MC/DD Act shall be
different from the annual reports required of other health care
facilities and shall be specific to those facilities licensed
under the ID/DD Community Care Act or the MC/DD Act. The Health
Facilities and Services Review Board shall consult with
associations representing facilities licensed under the ID/DD
Community Care Act and associations representing facilities
licensed under the MC/DD Act when developing the information
requested in these annual reports. For health care facilities
that contain long term care beds, the reports shall also
include the number of staffed long term care beds, physical
capacity for long term care beds at the facility, and long term
care beds available for immediate occupancy. For purposes of
this paragraph, "long term care beds" means beds (i) licensed
under the Nursing Home Care Act, (ii) licensed under the ID/DD
Community Care Act, (iii) licensed under the MC/DD Act, (iv)
licensed under the Hospital Licensing Act, or (v) licensed
under the Specialized Mental Health Rehabilitation Act of 2013

HB4892 Enrolled - 61 - LRB100 17828 RJF 33008 b
and certified as skilled nursing or nursing facility beds under
Medicaid or Medicare.
(Source: P.A. 98-1086, eff. 8-26-14; 99-180, eff. 7-29-15.)
(20 ILCS 3960/14.1)
(Section scheduled to be repealed on December 31, 2019)
Sec. 14.1. Denial of permit; other sanctions.
(a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
(1) The acquisition of major medical equipment without
a permit or in violation of the terms of a permit.
(2) The establishment, construction, modification, or
change of ownership of a health care facility without a
permit or exemption or in violation of the terms of a
permit.
(3) The violation of any provision of this Act or any
rule adopted under this Act.
(4) The failure, by any person subject to this Act, to
provide information requested by the State Board or Agency
within 30 days after a formal written request for the
information.
(5) The failure to pay any fine imposed under this
Section within 30 days of its imposition.

HB4892 Enrolled - 62 - LRB100 17828 RJF 33008 b
(a-5) For facilities licensed under the ID/DD Community
Care Act, no permit shall be denied on the basis of prior
operator history, other than for actions specified under item
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
Act. For facilities licensed under the MC/DD Act, no permit
shall be denied on the basis of prior operator history, other
than for actions specified under item (2), (4), or (5) of
Section 3-117 of the MC/DD Act. For facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013, no
permit shall be denied on the basis of prior operator history,
other than for actions specified under subsections (a) and (b)
of Section 4-109 of the Specialized Mental Health
Rehabilitation Act of 2013. For facilities licensed under the
Nursing Home Care Act, no permit shall be denied on the basis
of prior operator history, other than for: (i) actions
specified under item (2), (3), (4), (5), or (6) of Section
3-117 of the Nursing Home Care Act; (ii) actions specified
under item (a)(6) of Section 3-119 of the Nursing Home Care
Act; or (iii) actions within the preceding 5 years constituting
a substantial and repeated failure to comply with the Nursing
Home Care Act or the rules and regulations adopted by the
Department under that Act. The State Board shall not deny a
permit on account of any action described in this subsection
(a-5) without also considering all such actions in the light of
all relevant information available to the State Board,
including whether the permit is sought to substantially comply

HB4892 Enrolled - 63 - LRB100 17828 RJF 33008 b
with a mandatory or voluntary plan of correction associated
with any action described in this subsection (a-5).
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the
requirements of maintaining a valid permit shall be fined
an amount not to exceed 1% of the approved permit amount
plus an additional 1% of the approved permit amount for
each 30-day period, or fraction thereof, that the violation
continues.
(2) A permit holder who alters the scope of an approved
project or whose project costs exceed the allowable permit
amount without first obtaining approval from the State
Board shall be fined an amount not to exceed the sum of (i)
the lesser of $25,000 or 2% of the approved permit amount
and (ii) in those cases where the approved permit amount is
exceeded by more than $1,000,000, an additional $20,000 for
each $1,000,000, or fraction thereof, in excess of the
approved permit amount.
(2.5) A permit or exemption holder who fails to comply
with the post-permit and reporting requirements set forth
in Sections 5 and 8.5 shall be fined an amount not to
exceed $10,000 plus an additional $10,000 for each 30-day
period, or fraction thereof, that the violation continues.
This fine shall continue to accrue until the date that (i)
the post-permit requirements are met and the post-permit or
post-exemption reports are received by the State Board or

HB4892 Enrolled - 64 - LRB100 17828 RJF 33008 b
(ii) the matter is referred by the State Board to the State
Board's legal counsel. The accrued fine is not waived by
the permit or exemption holder submitting the required
information and reports. Prior to any fine beginning to
accrue, the Board shall notify, in writing, a permit or
exemption holder of the due date for the post-permit and
reporting requirements no later than 30 days before the due
date for the requirements. The exemption letter shall serve
as the notice for exemptions. This paragraph (2.5) takes
effect 6 months after August 27, 2012 (the effective date
of Public Act 97-1115).
(3) A person who acquires major medical equipment or
who establishes a category of service without first
obtaining a permit or exemption, as the case may be, shall
be fined an amount not to exceed $10,000 for each such
acquisition or category of service established plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues.
(4) A person who constructs, modifies, establishes, or
changes ownership of a health care facility without first
obtaining a permit or exemption shall be fined an amount
not to exceed $25,000 plus an additional $25,000 for each
30-day period, or fraction thereof, that the violation
continues.
(5) A person who discontinues a health care facility or
a category of service without first obtaining a permit or

HB4892 Enrolled - 65 - LRB100 17828 RJF 33008 b
exemption shall be fined an amount not to exceed $10,000
plus an additional $10,000 for each 30-day period, or
fraction thereof, that the violation continues. For
purposes of this subparagraph (5), facilities licensed
under the Nursing Home Care Act, the ID/DD Community Care
Act, or the MC/DD Act, with the exceptions of facilities
operated by a county or Illinois Veterans Homes, are exempt
from this permit requirement. However, facilities licensed
under the Nursing Home Care Act, the ID/DD Community Care
Act, or the MC/DD Act must comply with Section 3-423 of the
Nursing Home Care Act, Section 3-423 of the ID/DD Community
Care Act, or Section 3-423 of the MC/DD Act and must
provide the Board and the Department of Human Services with
30 days' written notice of their intent to close.
Facilities licensed under the ID/DD Community Care Act or
the MC/DD Act also must provide the Board and the
Department of Human Services with 30 days' written notice
of their intent to reduce the number of beds for a
facility.
(6) A person subject to this Act who fails to provide
information requested by the State Board or Agency within
30 days of a formal written request shall be fined an
amount not to exceed $1,000 plus an additional $1,000 for
each 30-day period, or fraction thereof, that the
information is not received by the State Board or Agency.
(b-5) The State Board may accept in-kind services or

HB4892 Enrolled - 66 - LRB100 17828 RJF 33008 b
donations instead of or in combination with the imposition of a
fine. This authorization is limited to cases where the
non-compliant individual or entity has waived the right to an
administrative hearing or opportunity to appear before the
Board regarding the non-compliant matter.
(c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10. Requests for an appearance before the State
Board must be made within 30 days after receiving notice that a
fine will be imposed.
(d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(e) Fines imposed under this Section shall continue to
accrue until: (i) the date that the matter is referred by the
State Board to the Board's legal counsel; or (ii) the date that
the health care facility becomes compliant with the Act,
whichever is earlier.
(Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15;
99-180, eff. 7-29-15; 99-527, eff. 1-1-17; 99-642, eff.
6-28-16.)
Section 95. No acceleration or delay. Where this Act makes

HB4892 Enrolled - 67 - LRB100 17828 RJF 33008 b
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.