Bill Text: IL SB3614 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Illinois Health Facilities Planning Act. Provides that the Health Services Review Board Long-term Care Facility Advisory Subcommittee shall develop and recommend rules to establish a bed exchange program that, at a minimum, provides for the movement of beds between 2 facilities without prior approval of the Health Facilities and Services Review Board, regardless of whether the beds are currently licensed to the owner of the facility to which the beds are transferred or the facility purchases the licenses for the beds from a third party. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2012-08-21 - Public Act . . . . . . . . . 97-1045 [SB3614 Detail]

Download: Illinois-2011-SB3614-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 12 as follows:
6 (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
7 (Section scheduled to be repealed on December 31, 2019)
8 Sec. 12. Powers and duties of State Board. For purposes of
9this Act, the State Board shall exercise the following powers
10and duties:
11 (1) Prescribe rules, regulations, standards, criteria,
12procedures or reviews which may vary according to the purpose
13for which a particular review is being conducted or the type of
14project reviewed and which are required to carry out the
15provisions and purposes of this Act. Policies and procedures of
16the State Board shall take into consideration the priorities
17and needs of medically underserved areas and other health care
18services identified through the comprehensive health planning
19process, giving special consideration to the impact of projects
20on access to safety net services.
21 (2) Adopt procedures for public notice and hearing on all
22proposed rules, regulations, standards, criteria, and plans
23required to carry out the provisions of this Act.

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1 (3) (Blank).
2 (4) Develop criteria and standards for health care
3facilities planning, conduct statewide inventories of health
4care facilities, maintain an updated inventory on the Board's
5web site reflecting the most recent bed and service changes and
6updated need determinations when new census data become
7available or new need formulae are adopted, and develop health
8care facility plans which shall be utilized in the review of
9applications for permit under this Act. Such health facility
10plans shall be coordinated by the Board with pertinent State
11Plans. Inventories pursuant to this Section of skilled or
12intermediate care facilities licensed under the Nursing Home
13Care Act, skilled or intermediate care facilities licensed
14under the ID/DD Community Care Act, facilities licensed under
15the Specialized Mental Health Rehabilitation Act, or nursing
16homes licensed under the Hospital Licensing Act shall be
17conducted on an annual basis no later than July 1 of each year
18and shall include among the information requested a list of all
19services provided by a facility to its residents and to the
20community at large and differentiate between active and
21inactive beds.
22 In developing health care facility plans, the State Board
23shall consider, but shall not be limited to, the following:
24 (a) The size, composition and growth of the population
25 of the area to be served;
26 (b) The number of existing and planned facilities

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1 offering similar programs;
2 (c) The extent of utilization of existing facilities;
3 (d) The availability of facilities which may serve as
4 alternatives or substitutes;
5 (e) The availability of personnel necessary to the
6 operation of the facility;
7 (f) Multi-institutional planning and the establishment
8 of multi-institutional systems where feasible;
9 (g) The financial and economic feasibility of proposed
10 construction or modification; and
11 (h) In the case of health care facilities established
12 by a religious body or denomination, the needs of the
13 members of such religious body or denomination may be
14 considered to be public need.
15 The health care facility plans which are developed and
16adopted in accordance with this Section shall form the basis
17for the plan of the State to deal most effectively with
18statewide health needs in regard to health care facilities.
19 (5) Coordinate with the Center for Comprehensive Health
20Planning and other state agencies having responsibilities
21affecting health care facilities, including those of licensure
22and cost reporting.
23 (6) Solicit, accept, hold and administer on behalf of the
24State any grants or bequests of money, securities or property
25for use by the State Board or Center for Comprehensive Health
26Planning in the administration of this Act; and enter into

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1contracts consistent with the appropriations for purposes
2enumerated in this Act.
3 (7) The State Board shall prescribe procedures for review,
4standards, and criteria which shall be utilized to make
5periodic reviews and determinations of the appropriateness of
6any existing health services being rendered by health care
7facilities subject to the Act. The State Board shall consider
8recommendations of the Board in making its determinations.
9 (8) Prescribe, in consultation with the Center for
10Comprehensive Health Planning, rules, regulations, standards,
11and criteria for the conduct of an expeditious review of
12applications for permits for projects of construction or
13modification of a health care facility, which projects are
14classified as emergency, substantive, or non-substantive in
15nature.
16 Six months after June 30, 2009 (the effective date of
17Public Act 96-31), substantive projects shall include no more
18than the following:
19 (a) Projects to construct (1) a new or replacement
20 facility located on a new site or (2) a replacement
21 facility located on the same site as the original facility
22 and the cost of the replacement facility exceeds the
23 capital expenditure minimum;
24 (b) Projects proposing a (1) new service or (2)
25 discontinuation of a service, which shall be reviewed by
26 the Board within 60 days; or

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1 (c) Projects proposing a change in the bed capacity of
2 a health care facility by an increase in the total number
3 of beds or by a redistribution of beds among various
4 categories of service or by a relocation of beds from one
5 physical facility or site to another by more than 20 beds
6 or more than 10% of total bed capacity, as defined by the
7 State Board, whichever is less, over a 2-year period.
8 The Chairman may approve applications for exemption that
9meet the criteria set forth in rules or refer them to the full
10Board. The Chairman may approve any unopposed application that
11meets all of the review criteria or refer them to the full
12Board.
13 Such rules shall not abridge the right of the Center for
14Comprehensive Health Planning to make recommendations on the
15classification and approval of projects, nor shall such rules
16prevent the conduct of a public hearing upon the timely request
17of an interested party. Such reviews shall not exceed 60 days
18from the date the application is declared to be complete.
19 (9) Prescribe rules, regulations, standards, and criteria
20pertaining to the granting of permits for construction and
21modifications which are emergent in nature and must be
22undertaken immediately to prevent or correct structural
23deficiencies or hazardous conditions that may harm or injure
24persons using the facility, as defined in the rules and
25regulations of the State Board. This procedure is exempt from
26public hearing requirements of this Act.

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1 (10) Prescribe rules, regulations, standards and criteria
2for the conduct of an expeditious review, not exceeding 60
3days, of applications for permits for projects to construct or
4modify health care facilities which are needed for the care and
5treatment of persons who have acquired immunodeficiency
6syndrome (AIDS) or related conditions.
7 (11) Issue written decisions upon request of the applicant
8or an adversely affected party to the Board within 30 days of
9the meeting in which a final decision has been made. A "final
10decision" for purposes of this Act is the decision to approve
11or deny an application, or take other actions permitted under
12this Act, at the time and date of the meeting that such action
13is scheduled by the Board. The staff of the State Board shall
14prepare a written copy of the final decision and the State
15Board shall approve a final copy for inclusion in the formal
16record.
17 (12) Require at least one of its members to participate in
18any public hearing, after the appointment of the 9 members to
19the Board.
20 (13) Provide a mechanism for the public to comment on, and
21request changes to, draft rules and standards.
22 (14) Implement public information campaigns to regularly
23inform the general public about the opportunity for public
24hearings and public hearing procedures.
25 (15) Establish a separate set of rules and guidelines for
26long-term care that recognizes that nursing homes are a

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1different business line and service model from other regulated
2facilities. An open and transparent process shall be developed
3that considers the following: how skilled nursing fits in the
4continuum of care with other care providers, modernization of
5nursing homes, establishment of more private rooms,
6development of alternative services, and current trends in
7long-term care services. The Chairman of the Board shall
8appoint a permanent Health Services Review Board Long-term Care
9Facility Advisory Subcommittee that shall develop and
10recommend to the Board the rules to be established by the Board
11under this paragraph (15). The Subcommittee shall also provide
12continuous review and commentary on policies and procedures
13relative to long-term care and the review of related projects.
14In consultation with other experts from the health field of
15long-term care, the Board and the Subcommittee shall study new
16approaches to the current bed need formula and Health Service
17Area boundaries to encourage flexibility and innovation in
18design models reflective of the changing long-term care
19marketplace and consumer preferences. The Subcommittee shall
20evaluate, and make recommendations to the State Board
21regarding, the buying, selling, and exchange of beds between
22long-term care facilities within a specified geographic area or
23drive time. The Board shall file the proposed related
24administrative rules for the separate rules and guidelines for
25long-term care required by this paragraph (15) by September 1,
262010. The Subcommittee shall be provided a reasonable and

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1timely opportunity to review and comment on any review,
2revision, or updating of the criteria, standards, procedures,
3and rules used to evaluate project applications as provided
4under Section 12.3 of this Act prior to approval by the Board
5and promulgation of related rules.
6(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
796-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
8revised 9-7-11.)
9 Section 99. Effective date. This Act takes effect one year
10after becoming law.
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