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

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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-Chaptered.html

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Public Act 103-0714
HB5429 Enrolled 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. Establishment plan review; fees.
(a) Before commencing construction of new assisted living
or shared housing establishments or alterations or additions
to an existing assisted living or shared housing establishment
involving major construction, as defined by rule by the
Department, an applicant under this Section shall submit
architectural drawings and specifications to the Department
for review and approval. An applicant under this Section 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 the individual's
position. Final approval of the drawings and specifications
for compliance with design and construction standards shall be

obtained from the Department before the proposed alteration,
addition, or new construction begins. The Department shall
adopt rules for determining whether a construction,
alteration, or addition is subject to the submission
requirements of this Section. The Department shall not review
a submission under this Section until the required fee, if
any, has been paid.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings,
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 working days shall result in the submission being
deemed complete for purposes of initiating the 45 calendar 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 45
calendar days following 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 45 calendar day review period. If a submission
of drawings and specifications is incomplete, the applicant
may submit additional information. The 45 calendar 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. If the Department has not
approved or disapproved the drawings and specifications within
45 calendar days, 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 30 calendar days of 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 pursuant to subsection (g).
(d) The Department shall charge the following fees in
connection with its 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 $99,999.99 or less, no
fee is required.
(2) If the estimated dollar value of the alteration,
addition, or new construction is $100,000 or more but less
than $500,000, the fee shall be the greater of $2,400 or
1.2% of the estimated dollar value of the alteration,
addition, or new construction.
(3) If the estimated dollar value of the alteration,
addition, or new construction is $500,000 or more but less
than $1,000,000, the fee shall be the greater of $6,0000
or 0.96% of that value.
(4) If the estimated dollar value of the alteration,
addition, or new construction is $1,000,000 or more but
less than $5,000,000, the fee shall be the greater of
$9,600 or 0.22% of the estimated dollar value of the
alteration, addition, or new construction.
(5) If the estimated dollar value of the alteration,
addition, or new construction is $5,000,000 or more, the
fee shall be the greater of $11,000 or 0.11% of the
estimated dollar value of the alteration, addition, or new
construction, but shall not exceed $30,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving establishment changes
that are required by an amendment to a Department rule.

The Department shall not commence the establishment 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. All fees paid by
establishments under this Section shall be used only to cover
the costs relating to the Department's review of projects
listed in this Section. Moneys shall be appropriated from that
Fund to the Department only to pay the costs of conducting
reviews under this Section, under Section 3-202.5 of the
Nursing Home Care Act, Section 3-202.5 of the MC/DD Act, or
Section 3-202.5 of the ID/DD Community Care Act. 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 plan reviews conducted pursuant to this
Section.
(f) The Department shall review the fee structure 3 years
after the effective date of this amendatory Act of the 103rd
General Assembly and every 5 years thereafter, and fees shall
be increased or decreased to maintain the plan review program.
(g) The Department shall conduct an on-site inspection of
the completed project no later than 30 working days after
notification from the applicant under this Section 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 10 working 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),
in which case the construction shall be deemed approved.
Occupancy shall be authorized after any required health
inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct voluntary interim on-site review of large or
complex construction projects for a fee of $3,000 per interim
on-site review.
(i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like
equipment.
The establishment 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, provided that the owner or
operator has substantially complied with this Section as
determined by the Department by rule.
(j) Nothing in this Section shall be construed to 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.
Section 10. The Nursing Home Care Act is amended by
changing Section 3-202.5 as follows:
(210 ILCS 45/3-202.5)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing long
term care facility involving major construction, as defined by
rule by the Department, with an estimated cost greater than
$100,000, architectural drawings and specifications for the
facility shall be submitted to the Department for review and
approval. A facility may 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
compliance with design and construction standards shall be

obtained from the Department before the alteration, addition,
or new construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working 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 working 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
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 following 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 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. If the Department has not approved or disapproved
the drawings and specifications within 60 days, 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 of 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 pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the
original approval; and

(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the alteration,
addition, or new construction is $100,000 or more but less
than $500,000, the fee shall be the greater of $2,400 or
1.2% of that value.
(4) If the estimated dollar value of the alteration,
addition, or new construction is $500,000 or more but less
than $1,000,000, the fee shall be the greater of $6,000 or
0.96% of that value.
(5) If the estimated dollar value of the alteration,
addition, or new construction is $1,000,000 or more but
less than $5,000,000, the fee shall be the greater of
$9,600 or 0.22% of that value.
(6) If the estimated dollar value of the alteration,
addition, or new construction is $5,000,000 or more, the
fee shall be the greater of $11,000 or 0.11% of that value,
but shall not exceed $40,000.
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 fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
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. All fees paid by
long-term care facilities under subsection (d) shall be used
only to cover the costs relating to the Department's review of
long-term care facility projects under this Section. Moneys
shall be appropriated from that Fund to the Department only to
pay the costs of conducting reviews under this Section, or
under Section 3-202.5 of the ID/DD Community Care Act, or
Section 3-202.5 of the MC/DD Act, or Section 21 of the Assisted
Living and Shared Housing Act. 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 pursuant to this Section.
(f)(1) The provisions of this amendatory Act of 1997

concerning drawings and specifications shall apply only to
drawings and specifications submitted to the Department on or
after October 1, 1997.
(2) On and after the effective date of this amendatory Act
of 1997 and before October 1, 1997, an applicant may submit or
resubmit drawings and specifications to the Department and pay
the fees provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2), the
provisions of subsection (b) shall apply with regard to those
drawings and specifications.
(g) The Department shall conduct an on-site inspection of
the completed project no later than 30 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, except that, during a
statewide public health emergency, as defined in the Illinois
Emergency Management Agency Act, the Department shall conduct
an on-site inspection of the completed project to the extent
feasible. The Department shall provide written approval for
occupancy to the applicant within 5 working 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),
in which case the construction shall be deemed approved.

Occupancy shall be authorized after any required health
inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like
equipment.
(j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the long-term care facility
is licensed, and provides a reasonable degree of safety for
the residents.
(Source: P.A. 103-1, eff. 4-27-23.)
Section 15. The MC/DD Act is amended by changing Section
3-202.5 as follows:
(210 ILCS 46/3-202.5)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing
facility involving major construction, as defined by rule by
the Department, with an estimated cost greater than $100,000,
architectural drawings and specifications for the facility

shall be submitted to the Department for review and approval.
A facility may 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
compliance with design and construction standards shall be
obtained from the Department before the alteration, addition,
or new construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working 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 working 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
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 following 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 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. If the Department has not approved or disapproved
the drawings and specifications within 60 days, 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 of 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 pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the
original approval; and
(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.
(d) (Blank).
(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. All fees paid by
facilities under this Section shall be used to cover the costs
relating to the Department's review of facility projects under
this Section only. Moneys shall be appropriated from that Fund
to the Department only to pay the costs of conducting reviews
under this Section, under Section 3-202.5 of the Nursing Home
Care Act, under Section 21 of the Assisted Living and Shared
Housing Act, or under Section 3-202.5 of the ID/DD Community

Care Act. 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 pursuant to this Section.
(f) (Blank).
(g) The Department shall conduct an on site inspection of
the completed project no later than 30 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, except that, during a
statewide public health emergency, as defined in the Illinois
Emergency Management Agency Act, the Department shall conduct
an on-site inspection to the extent feasible. The Department
shall provide written approval for occupancy to the applicant
within 5 working 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), in which case the
construction shall be deemed approved. Occupancy shall be
authorized after any required health inspection by the
Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on site review of large or complex
construction projects.

(i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like
equipment.
(j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the facility is licensed,
and provides a reasonable degree of safety for the residents.
(Source: P.A. 103-1, eff. 4-27-23.)
Section 20. The ID/DD Community Care Act is amended by
changing Section 3-202.5 as follows: