Bill Text: IL HB5429 | 2023-2024 | 103rd General Assembly | Introduced

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

---

Bill Title: Reinserts the provisions of the introduced bill with the following changes. Amends the Assisted Living and Shared Housing Act. Provides that the Department of Public Health shall adopt rules for determining whether a construction, alteration, or addition is subject to the submission requirements of the Act. Provides that the Department shall not review a submission under the Act until the required fee, if any, is paid. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 45 day review period (instead of a 60 day review period). Provides that the Department shall have 45 days after the date a submission is deemed complete to determine if a submission is approved or disapproved (instead of 60 days). Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 45 days, the construction, alteration, or additions shall be deemed approved (instead of 60 days). Provides that, upon submission of additional materials where an initial submission was deemed incomplete, or upon a reconsideration request, the Department shall approve or disapprove the submission by final decision within 30 days after the date of receipt of the additional materials or reconsideration request (instead of 45 days). Provides for an updated fee structure for reviews conducted under the provision. Provides that an establishment that has made an alteration to their establishment under the provisions shall not be occupied until the Department provides written approval for occupancy to the owner or operator within 10 business days after the Department's final inspection. Provides that the amendatory Act does not apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add units or services over the number for which the establishment is licensed, and provides a reasonable degree of safety for the residents. Makes conforming changes in the Nursing Home Care Act, MC/DD Act, and ID/DD Community Care Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0714 [HB5429 Detail]

Download: Illinois-2023-HB5429-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5429 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
210 ILCS 9/21 new
Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter.
LRB103 39499 CES 69696 b
A BILL FOR
HB5429 LRB103 39499 CES 69696 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Assisted Living and Shared Housing Act is
amended by adding Section 21 as follows:
(210 ILCS 9/21 new)
Sec. 21. Facility plan review; fees.
(a) Before commencing construction of new facilities, or
alteration or additions to an existing assisted living
establishment or shared housing establishment involving major
construction, as defined by rule by the Department, the
applicant shall submit architectural drawings and
specifications to the Department for review and approval. A
facility shall submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject
to fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class specifications
for such an individual's position or by a person contracting
with the Department who meets those class specifications.
Final approval of the drawings and specifications for

HB5429 - 2 - LRB103 39499 CES 69696 b
compliance with design and construction standards shall be
obtained from the Department before the alteration, addition,
or new construction begins.
(b) The Department shall inform an applicant in writing
within 10 business days after receiving drawings and
specifications, and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this notice
within 10 business days shall result in the submission being
deemed complete for purposes of initiating the 60-day review
period under this Section. If the submission is incomplete,
the Department shall inform the applicant of the deficiencies
with the submission in writing. If the submission is complete
and the required fee, if any, has been paid, the Department
shall approve or disapprove drawings and specifications
submitted to the Department no later than 60-days after
receipt by the Department. The drawings and specifications
shall be of sufficient detail, as provided by Department rule,
to enable the Department to render a determination of
compliance with design and construction standards under this
Act. If the Department finds that the drawings are not of
sufficient detail for it to render a determination of
compliance, the plans shall be determined to be incomplete and
shall not be considered for purposes of initiating the 60-day
review period. If a submission of drawings and specifications
is incomplete, the applicant may submit additional

HB5429 - 3 - LRB103 39499 CES 69696 b
information. The 60-day review period shall not commence until
the Department determines that a submission of drawings and
specifications is complete or the submission is deemed
complete under this subsection (b). If the Department has not
approved or disapproved the drawings and specifications within
60 days after an application is complete or deemed complete,
the construction, major alteration, or addition shall be
deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments
from the Department or request a reconsideration of the
disapproval. A final decision of approval or disapproval shall
be made within 45 days after the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.
(c) The Department shall provide written approval for
occupancy under subsection (g).
(d) The Department shall charge the following fees in
connection with the Department's reviews conducted after the
effective date of this amendatory Act of the 103rd General
Assembly under this Section:
(1) If the estimated dollar value of the alteration,
addition or new construction is $49,999.99 or less, no fee
is required.

HB5429 - 4 - LRB103 39499 CES 69696 b
(2) If the estimated dollar value of the alteration,
addition, or new construction is more than $50,000 but
less than or equal to $500,000, the fee shall be the
greater of $3,000, $4,000, or 2.0% of that value.
(3) If the estimated dollar value of the alteration,
addition, or new construction is more than $500,000 but
less than or equal to $1,000,000, the fee shall be the
greater of $10,000 or 1.5% of that value.
(4) If the estimated dollar value of the alteration,
addition, or new construction is more than $1,000,000 but
less than or equal to $5,000,000, the fee shall be the
greater of $13,000 or 0.35% of that value.
(5) If the estimated dollar value of the alteration,
addition, or new construction is more than $5,000,000, the
fee shall be the greater of $15,000 or 0.175% of that
value, but shall not exceed $35,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes that
are required by Department rule amendments.
The Department shall not commence the facility plan review
process under this Section until the applicable fee has been
paid.
(e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund,
a special fund created in the State treasury. Moneys shall be
appropriated from that Fund to the Department only to pay the

HB5429 - 5 - LRB103 39499 CES 69696 b
costs of conducting reviews under this Section. All fees paid
by assisted living establishments and shared housing
establishments under subsection (d) shall be used only to
cover the costs relating to the Department's review of
assisted living establishment and shared housing establishment
projects under this Section. None of the moneys in the Health
Facility Plan Review Fund shall be used to reduce the amount of
General Revenue Fund moneys appropriated to the Department for
facility plan reviews conducted under this Section.
(f) The Department shall review the fee structure after 3
years from the effective date of this amendatory Act of the
103rd General Assembly, fees shall be increased or decreased
to maintain the plan review program. Fee structure shall be
re-evaluated every 5 years thereafter.
(g) The Department shall conduct an on-site inspection of
the completed project no later than 30 business days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department. The
Department shall provide written approval for occupancy to the
applicant within 5 business days of the Department's final
inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until
Department approval is received, unless the Department has not
acted within the time frames provided in this subsection (g),

HB5429 - 6 - LRB103 39499 CES 69696 b