Bill Text: IL SB3269 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Health Facilities Planning Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3269 Detail]

Download: Illinois-2011-SB3269-Amended.html

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Sen. William Delgado

Filed: 3/23/2012

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AMENDMENT TO SENATE BILL 3269
AMENDMENT NO. ______. Amend Senate Bill 3269 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Health Facilities Planning Act is
amended by changing Sections 4 and 12 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(Section scheduled to be repealed on December 31, 2019)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

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the Board, including the provision of office space, supplies,
and clerical, financial, and accounting services. The Board may
contract with experts related to specific health services or
facilities and create technical advisory panels to assist in
the development of criteria, standards, and procedures used in
the evaluation of applications for permit and exemption.
(b) Beginning January 1, 2013 March 1, 2010, the State
Board shall consist of 11 9 voting members. All members shall
be residents of Illinois and at least 5 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 6 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. Spouses or other members of the
immediate family of the Board 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

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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 declared. No person shall be appointed or continue
to serve as a member of the State Board who is, or whose
spouse, parent, 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 6 5 of
the appointments shall be of the same political party at the

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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.
(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. The 2 members
initially appointed by the Governor pursuant to this amendatory
Act of the 97th General Assembly shall serve for terms expiring
July 1, 2015. 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

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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.
(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) Six Five members of the State Board shall constitute a
quorum. The affirmative vote of 6 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

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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, or child: (i) has an economic interest
in the matter; or (ii) is employed by, serves as a 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. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
(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

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services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services. Each rule, regulation,
standard, criteria, procedure, or review for the need of
facilities, services, or equipment shall include consideration
of current and reliable epidemiological evidence, and the
availability of care from such facilities, services, or
equipment shall not be less than the epidemiologically
projected need for each racial and ethnic group.
(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, facilities licensed under

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the Specialized Mental Health Rehabilitation Act, 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.

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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 the Center for Comprehensive Health
Planning and 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 or Center for Comprehensive Health
Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
(7) 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, in consultation with the Center for
Comprehensive Health Planning, 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

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nature.
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;
(b) Projects proposing a (1) new service or (2)
discontinuation of a service, 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 abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the

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classification and approval of projects, nor shall such rules
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.
(11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board within 30 days of
the 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 staff of the State Board shall
prepare a written copy of the final decision and the State

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Board shall approve a final copy for inclusion in the formal
record.
(12) Require at least one of its members to participate in
any public hearing, after the appointment of the 9 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
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.
In consultation with other experts from the health field of

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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. 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 September 1, 2010. 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 prior to approval by
the Board and promulgation of related rules.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-7-11.)
Section 99. Effective date. This Act takes effect January
1, 2013.".