100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4892

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3960/4  from Ch. 111 1/2, par. 1154
20 ILCS 3960/4.2
20 ILCS 3960/5  from Ch. 111 1/2, par. 1155
20 ILCS 3960/5.2
20 ILCS 3960/5.3
20 ILCS 3960/6  from Ch. 111 1/2, par. 1156
20 ILCS 3960/6.2
20 ILCS 3960/7  from Ch. 111 1/2, par. 1157
20 ILCS 3960/10  from Ch. 111 1/2, par. 1160
20 ILCS 3960/12  from Ch. 111 1/2, par. 1162
20 ILCS 3960/12.2
20 ILCS 3960/12.3
20 ILCS 3960/12.4
20 ILCS 3960/12.5
20 ILCS 3960/13  from Ch. 111 1/2, par. 1163
20 ILCS 3960/14.1

    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.


LRB100 17828 RJF 33008 b

 

 

A BILL FOR

 

HB4892LRB100 17828 RJF 33008 b

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 Sections 4, 4.2, 5, 5.2, 5.3, 6, 6.2, 7,
610, 12, 12.2, 12.3, 12.4, 12.5, 13, and 14.1 as follows:
 
7    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
8    (Section scheduled to be repealed on December 31, 2019)
9    Sec. 4. Health Facilities and Services Review Board;
10membership; appointment; term; compensation; quorum.
11Notwithstanding any other provision in this Section, members of
12the State Board holding office on the day before the effective
13date of this amendatory Act of the 96th General Assembly shall
14retain their authority.
15    (a) There is created the Health Facilities and Services
16Review Board, which shall perform the functions described in
17this Act. The Department shall provide operational support to
18the Board as necessary, including the provision of office
19space, supplies, and clerical, financial, and accounting
20services. The Board may contract for functions or operational
21support as needed. The Board may also contract with experts
22related to specific health services or facilities and create
23technical advisory panels to assist in the development of

 

 

HB4892- 2 -LRB100 17828 RJF 33008 b

1criteria, standards, and procedures used in the evaluation of
2applications for permit and exemption.
3    (b) The Beginning March 1, 2010, the State Board shall
4consist of 9 voting members. All members shall be residents of
5Illinois and at least 4 shall reside outside the Chicago
6Metropolitan Statistical Area. Consideration shall be given to
7potential appointees who reflect the ethnic and cultural
8diversity of the State. Neither Board members nor Board staff
9shall be convicted felons or have pled guilty to a felony.
10    Each member shall have a reasonable knowledge of the
11practice, procedures and principles of the health care delivery
12system in Illinois, including at least 5 members who shall be
13knowledgeable about health care delivery systems, health
14systems planning, finance, or the management of health care
15facilities currently regulated under the Act. One member shall
16be a representative of a non-profit health care consumer
17advocacy organization. A spouse, parent, sibling, or child of a
18Board member cannot be an employee, agent, or under contract
19with services or facilities subject to the Act. Prior to
20appointment and in the course of service on the Board, members
21of the Board shall disclose the employment or other financial
22interest of any other relative of the member, if known, in
23service or facilities subject to the Act. Members of the Board
24shall declare any conflict of interest that may exist with
25respect to the status of those relatives and recuse themselves
26from voting on any issue for which a conflict of interest is

 

 

HB4892- 3 -LRB100 17828 RJF 33008 b

1declared. No person shall be appointed or continue to serve as
2a member of the State Board who is, or whose spouse, parent,
3sibling, or child is, a member of the Board of Directors of,
4has a financial interest in, or has a business relationship
5with a health care facility.
6    Notwithstanding any provision of this Section to the
7contrary, the term of office of each member of the State Board
8serving on the day before the effective date of this amendatory
9Act of the 96th General Assembly is abolished on the date upon
10which members of the 9-member Board, as established by this
11amendatory Act of the 96th General Assembly, have been
12appointed and can begin to take action as a Board. Members of
13the State Board serving on the day before the effective date of
14this amendatory Act of the 96th General Assembly may be
15reappointed to the 9-member Board. Prior to March 1, 2010, the
16Health Facilities Planning Board shall establish a plan to
17transition its powers and duties to the Health Facilities and
18Services Review Board.
19    (c) The State Board shall be appointed by the Governor,
20with the advice and consent of the Senate. Not more than 5 of
21the appointments shall be of the same political party at the
22time of the appointment.
23    The Secretary of Human Services, the Director of Healthcare
24and Family Services, and the Director of Public Health, or
25their designated representatives, shall serve as ex-officio,
26non-voting members of the State Board.

 

 

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1    (d) Of those 9 members initially appointed by the Governor
2following the effective date of this amendatory Act of the 96th
3General Assembly, 3 shall serve for terms expiring July 1,
42011, 3 shall serve for terms expiring July 1, 2012, and 3
5shall serve for terms expiring July 1, 2013. Thereafter, each
6appointed member shall hold office for a term of 3 years,
7provided that any member appointed to fill a vacancy occurring
8prior to the expiration of the term for which his or her
9predecessor was appointed shall be appointed for the remainder
10of such term and the term of office of each successor shall
11commence on July 1 of the year in which his predecessor's term
12expires. Each member appointed after the effective date of this
13amendatory Act of the 96th General Assembly shall hold office
14until his or her successor is appointed and qualified. The
15Governor may reappoint a member for additional terms, but no
16member shall serve more than 3 terms, subject to review and
17re-approval every 3 years.
18    (e) State Board members, while serving on business of the
19State Board, shall receive actual and necessary travel and
20subsistence expenses while so serving away from their places of
21residence. Until March 1, 2010, a member of the State Board who
22experiences a significant financial hardship due to the loss of
23income on days of attendance at meetings or while otherwise
24engaged in the business of the State Board may be paid a
25hardship allowance, as determined by and subject to the
26approval of the Governor's Travel Control Board.

 

 

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1    (f) The Governor shall designate one of the members to
2serve as the Chairman of the Board, who shall be a person with
3expertise in health care delivery system planning, finance or
4management of health care facilities that are regulated under
5the Act. The Chairman shall annually review Board member
6performance and shall report the attendance record of each
7Board member to the General Assembly.
8    (g) The State Board, through the Chairman, shall prepare a
9separate and distinct budget approved by the General Assembly
10and shall hire and supervise its own professional staff
11responsible for carrying out the responsibilities of the Board.
12    (h) The State Board shall meet at least every 45 days, or
13as often as the Chairman of the State Board deems necessary, or
14upon the request of a majority of the members.
15    (i) Five members of the State Board shall constitute a
16quorum. The affirmative vote of 5 of the members of the State
17Board shall be necessary for any action requiring a vote to be
18taken by the State Board. A vacancy in the membership of the
19State Board shall not impair the right of a quorum to exercise
20all the rights and perform all the duties of the State Board as
21provided by this Act.
22    (j) A State Board member shall disqualify himself or
23herself from the consideration of any application for a permit
24or exemption in which the State Board member or the State Board
25member's spouse, parent, sibling, or child: (i) has an economic
26interest in the matter; or (ii) is employed by, serves as a

 

 

HB4892- 6 -LRB100 17828 RJF 33008 b

1consultant for, or is a member of the governing board of the
2applicant or a party opposing the application.
3    (k) The Chairman, Board members, and Board staff must
4comply with the Illinois Governmental Ethics Act.
5(Source: P.A. 99-527, eff. 1-1-17.)
 
6    (20 ILCS 3960/4.2)
7    (Text of Section before amendment by P.A. 100-518)
8    (Section scheduled to be repealed on December 31, 2019)
9    Sec. 4.2. Ex parte communications.
10    (a) Except in the disposition of matters that agencies are
11authorized by law to entertain or dispose of on an ex parte
12basis including, but not limited to rule making, the State
13Board, any State Board member, employee, or a hearing officer
14shall not engage in ex parte communication in connection with
15the substance of any formally filed application for a permit
16with any person or party or the representative of any party.
17This subsection (a) applies when the Board, member, employee,
18or hearing officer knows, or should know upon reasonable
19inquiry, that the application or exemption has been formally
20filed with the Board. Nothing in this Section shall prohibit
21staff members from providing technical assistance to
22applicants. Nothing in this Section shall prohibit staff from
23verifying or clarifying an applicant's information as it
24prepares the Board staff report. Once an application for permit
25or exemption is filed and deemed complete, a written record of

 

 

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1any communication between staff and an applicant shall be
2prepared by staff and made part of the public record, using a
3prescribed, standardized format, and shall be included in the
4application file.
5    (b) A State Board member or employee may communicate with
6other members or employees and any State Board member or
7hearing officer may have the aid and advice of one or more
8personal assistants.
9    (c) An ex parte communication received by the State Board,
10any State Board member, employee, or a hearing officer shall be
11made a part of the record of the matter, including all written
12communications, all written responses to the communications,
13and a memorandum stating the substance of all oral
14communications and all responses made and the identity of each
15person from whom the ex parte communication was received.
16    (d) "Ex parte communication" means a communication between
17a person who is not a State Board member or employee and a
18State Board member or employee that reflects on the substance
19of a pending or impending State Board proceeding and that takes
20place outside the record of the proceeding. Communications
21regarding matters of procedure and practice, such as the format
22of pleading, number of copies required, manner of service, and
23status of proceedings, are not considered ex parte
24communications. Technical assistance with respect to an
25application, not intended to influence any decision on the
26application, may be provided by employees to the applicant. Any

 

 

HB4892- 8 -LRB100 17828 RJF 33008 b

1assistance shall be documented in writing by the applicant and
2employees within 10 business days after the assistance is
3provided.
4    (e) For purposes of this Section, "employee" means a person
5the State Board or the Agency employs on a full-time,
6part-time, contract, or intern basis.
7    (f) The State Board, State Board member, or hearing
8examiner presiding over the proceeding, in the event of a
9violation of this Section, must take whatever action is
10necessary to ensure that the violation does not prejudice any
11party or adversely affect the fairness of the proceedings.
12    (g) Nothing in this Section shall be construed to prevent
13the State Board or any member of the State Board from
14consulting with the attorney for the State Board.
15(Source: P.A. 96-31, eff. 6-30-09.)
 
16    (Text of Section after amendment by P.A. 100-518)
17    (Section scheduled to be repealed on December 31, 2019)
18    Sec. 4.2. Ex parte communications.
19    (a) Except in the disposition of matters that agencies are
20authorized by law to entertain or dispose of on an ex parte
21basis including, but not limited to rule making, the State
22Board, any State Board member, employee, or a hearing officer
23shall not engage in ex parte communication in connection with
24the substance of any formally filed application for a permit
25with any person or party or the representative of any party.

 

 

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1This subsection (a) applies when the Board, member, employee,
2or hearing officer knows, or should know upon reasonable
3inquiry, that the application or exemption has been formally
4filed with the Board. Nothing in this Section shall prohibit
5staff members from providing technical assistance to
6applicants. Nothing in this Section shall prohibit staff from
7verifying or clarifying an applicant's information as it
8prepares the State Board Staff Report. Once an application for
9permit or exemption is filed and deemed complete, a written
10record of any communication between staff and an applicant
11shall be prepared by staff and made part of the public record,
12using a prescribed, standardized format, and shall be included
13in the application file.
14    (b) A State Board member or employee may communicate with
15other members or employees and any State Board member or
16hearing officer may have the aid and advice of one or more
17personal assistants.
18    (c) An ex parte communication received by the State Board,
19any State Board member, employee, or a hearing officer shall be
20made a part of the record of the matter, including all written
21communications, all written responses to the communications,
22and a memorandum stating the substance of all oral
23communications and all responses made and the identity of each
24person from whom the ex parte communication was received.
25    (d) "Ex parte communication" means a communication between
26a person who is not a State Board member or employee and a

 

 

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1State Board member or employee that reflects on the substance
2of a pending or impending State Board proceeding and that takes
3place outside the record of the proceeding. Communications
4regarding matters of procedure and practice, such as the format
5of pleading, number of copies required, manner of service, and
6status of proceedings, are not considered ex parte
7communications. Technical assistance with respect to an
8application, not intended to influence any decision on the
9application, may be provided by employees to the applicant. Any
10assistance shall be documented in writing by the applicant and
11employees within 10 business days after the assistance is
12provided.
13    (e) For purposes of this Section, "employee" means a person
14the State Board or the Agency employs on a full-time,
15part-time, contract, or intern basis.
16    (f) The State Board, State Board member, or hearing
17examiner presiding over the proceeding, in the event of a
18violation of this Section, must take whatever action is
19necessary to ensure that the violation does not prejudice any
20party or adversely affect the fairness of the proceedings.
21    (g) Nothing in this Section shall be construed to prevent
22the State Board or any member of the State Board from
23consulting with the attorney for the State Board.
24(Source: P.A. 100-518, eff. 6-1-18.)
 
25    (20 ILCS 3960/5)  (from Ch. 111 1/2, par. 1155)

 

 

HB4892- 11 -LRB100 17828 RJF 33008 b

1    (Text of Section before amendment by P.A. 100-518)
2    (Section scheduled to be repealed on December 31, 2019)
3    Sec. 5. Construction, modification, or establishment of
4health care facilities or acquisition of major medical
5equipment; permits or exemptions. No person shall construct,
6modify or establish a health care facility or acquire major
7medical equipment without first obtaining a permit or exemption
8from the State Board. The State Board shall not delegate to the
9staff of the State Board or any other person or entity the
10authority to grant permits or exemptions whenever the staff or
11other person or entity would be required to exercise any
12discretion affecting the decision to grant a permit or
13exemption. The State Board may, by rule, delegate authority to
14the Chairman to grant permits or exemptions when applications
15meet all of the State Board's review criteria and are
16unopposed.
17    A permit or exemption shall be obtained prior to the
18acquisition of major medical equipment or to the construction
19or modification of a health care facility which:
20        (a) requires a total capital expenditure in excess of
21    the capital expenditure minimum; or
22        (b) substantially changes the scope or changes the
23    functional operation of the facility; or
24        (c) changes the bed capacity of a health care facility
25    by increasing the total number of beds or by distributing
26    beds among various categories of service or by relocating

 

 

HB4892- 12 -LRB100 17828 RJF 33008 b

1    beds from one physical facility or site to another by more
2    than 20 beds or more than 10% of total bed capacity as
3    defined by the State Board, whichever is less, over a
4    2-year 2 year period.
5    A permit shall be valid only for the defined construction
6or modifications, site, amount and person named in the
7application for such permit and shall not be transferable or
8assignable. The State Board may approve the transfer of an
9existing permit without regard to whether the permit to be
10transferred has yet been financially committed, except for
11permits to establish a new facility or category of service. A
12permit shall be valid until such time as the project has been
13completed, provided that the project commences and proceeds to
14completion with due diligence by the completion date or
15extension date approved by the Board.
16    A permit holder must do the following: (i) submit the final
17completion and cost report for the project within 90 days after
18the approved project completion date or extension date and (ii)
19submit annual progress reports no earlier than 30 days before
20and no later than 30 days after each anniversary date of the
21Board's approval of the permit until the project is completed.
22To maintain a valid permit and to monitor progress toward
23project commencement and completion, routine post-permit
24reports shall be limited to annual progress reports and the
25final completion and cost report. Annual progress reports shall
26include information regarding the committed funds expended

 

 

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1toward the approved project. For projects to be completed in 12
2months or fewer, the permit holder shall report financial
3commitment in the final completion and cost report. For
4projects to be completed between 12 to 24 months, the permit
5holder shall report financial commitment in the first annual
6report. For projects to be completed in more than 24 months the
7permit holder shall report financial commitment in the second
8annual progress report. The If the project is not completed in
9one year, then, by the second annual report, the permit holder
10shall expend 33% or more of the total project cost or shall
11make a commitment to expend 33% or more of the total project
12cost by signed contracts or other legal means, and the report
13shall contain information regarding those expenditures and or
14financial commitments. If the project is to be completed in one
15year, then the first annual report shall contain the
16expenditure commitment information for the total project cost.
17The State Board may extend the expenditure commitment period
18after considering a permit holder's showing of good cause and
19request for additional time to complete the project.
20    The Certificate of Need process required under this Act is
21designed to restrain rising health care costs by preventing
22unnecessary construction or modification of health care
23facilities. The Board must assure that the establishment,
24construction, or modification of a health care facility or the
25acquisition of major medical equipment is consistent with the
26public interest and that the proposed project is consistent

 

 

HB4892- 14 -LRB100 17828 RJF 33008 b

1with the orderly and economic development or acquisition of
2those facilities and equipment and is in accord with the
3standards, criteria, or plans of need adopted and approved by
4the Board. Board decisions regarding the construction of health
5care facilities must consider capacity, quality, value, and
6equity. Projects may deviate from the costs, fees, and expenses
7provided in their project cost information for the project's
8cost components, provided that the final total project cost
9does not exceed the approved permit amount. Project alterations
10shall not increase the total approved permit amount by more
11than the limit set forth under the Board's rules.
12    Major construction projects, for the purposes of this Act,
13shall include but are not limited to: projects for the
14construction of new buildings; additions to existing
15facilities; modernization projects whose cost is in excess of
16$1,000,000 or 10% of the facilities' operating revenue,
17whichever is less; and such other projects as the State Board
18shall define and prescribe pursuant to this Act.
19    The acquisition by any person of major medical equipment
20that will not be owned by or located in a health care facility
21and that will not be used to provide services to inpatients of
22a health care facility shall be exempt from review provided
23that a notice is filed in accordance with exemption
24requirements.
25    Notwithstanding any other provision of this Act, no permit
26or exemption is required for the construction or modification

 

 

HB4892- 15 -LRB100 17828 RJF 33008 b

1of a non-clinical service area of a health care facility.
2(Source: P.A. 97-1115, eff. 8-27-12; 98-414, eff. 1-1-14.)
 
3    (Text of Section after amendment by P.A. 100-518)
4    (Section scheduled to be repealed on December 31, 2019)
5    Sec. 5. Construction, modification, or establishment of
6health care facilities or acquisition of major medical
7equipment; permits or exemptions. No person shall construct,
8modify or establish a health care facility or acquire major
9medical equipment without first obtaining a permit or exemption
10from the State Board. The State Board shall not delegate to the
11staff of the State Board or any other person or entity the
12authority to grant permits or exemptions whenever the staff or
13other person or entity would be required to exercise any
14discretion affecting the decision to grant a permit or
15exemption. The State Board may, by rule, delegate authority to
16the Chairman to grant permits or exemptions when applications
17meet all of the State Board's review criteria and are
18unopposed.
19    A permit or exemption shall be obtained prior to the
20acquisition of major medical equipment or to the construction
21or modification of a health care facility which:
22        (a) requires a total capital expenditure in excess of
23    the capital expenditure minimum; or
24        (b) substantially changes the scope or changes the
25    functional operation of the facility; or

 

 

HB4892- 16 -LRB100 17828 RJF 33008 b

1        (c) changes the bed capacity of a health care facility
2    by increasing the total number of beds or by distributing
3    beds among various categories of service or by relocating
4    beds from one physical facility or site to another by more
5    than 20 beds or more than 10% of total bed capacity as
6    defined by the State Board, whichever is less, over a
7    2-year 2 year period.
8    A permit shall be valid only for the defined construction
9or modifications, site, amount and person named in the
10application for such permit and shall not be transferable or
11assignable. The State Board may approve the transfer of an
12existing permit without regard to whether the permit to be
13transferred has yet been financially committed, except for
14permits to establish a new facility or category of service. A
15permit shall be valid until such time as the project has been
16completed, provided that the project commences and proceeds to
17completion with due diligence by the completion date or
18extension date approved by the Board.
19    A permit holder must do the following: (i) submit the final
20completion and cost report for the project within 90 days after
21the approved project completion date or extension date and (ii)
22submit annual progress reports no earlier than 30 days before
23and no later than 30 days after each anniversary date of the
24Board's approval of the permit until the project is completed.
25To maintain a valid permit and to monitor progress toward
26project commencement and completion, routine post-permit

 

 

HB4892- 17 -LRB100 17828 RJF 33008 b

1reports shall be limited to annual progress reports and the
2final completion and cost report. Annual progress reports shall
3include information regarding the committed funds expended
4toward the approved project. For projects to be completed in 12
5months or less, the permit holder shall report financial
6commitment in the final completion and cost report. For
7projects to be completed between 12 to 24 months, the permit
8holder shall report financial commitment in the first annual
9report. For projects to be completed in more than 24 months,
10the permit holder shall report financial commitment in the
11second annual progress report. The report shall contain
12information regarding financial commitment expenditures and
13financial or commitments. The State Board may extend the
14financial commitment period after considering a permit
15holder's showing of good cause and request for additional time
16to complete the project.
17    The Certificate of Need process required under this Act is
18designed to restrain rising health care costs by preventing
19unnecessary construction or modification of health care
20facilities. The Board must assure that the establishment,
21construction, or modification of a health care facility or the
22acquisition of major medical equipment is consistent with the
23public interest and that the proposed project is consistent
24with the orderly and economic development or acquisition of
25those facilities and equipment and is in accord with the
26standards, criteria, or plans of need adopted and approved by

 

 

HB4892- 18 -LRB100 17828 RJF 33008 b

1the Board. Board decisions regarding the construction of health
2care facilities must consider capacity, quality, value, and
3equity. Projects may deviate from the costs, fees, and expenses
4provided in their project cost information for the project's
5cost components, provided that the final total project cost
6does not exceed the approved permit amount. Project alterations
7shall not increase the total approved permit amount by more
8than the limit set forth under the Board's rules.
9    Major construction projects, for the purposes of this Act,
10shall include but are not limited to: projects for the
11construction of new buildings; additions to existing
12facilities; modernization projects whose cost is in excess of
13$1,000,000 or 10% of the facilities' operating revenue,
14whichever is less; and such other projects as the State Board
15shall define and prescribe pursuant to this Act.
16    The acquisition by any person of major medical equipment
17that will not be owned by or located in a health care facility
18and that will not be used to provide services to inpatients of
19a health care facility shall be exempt from review provided
20that a notice is filed in accordance with exemption
21requirements.
22    Notwithstanding any other provision of this Act, no permit
23or exemption is required for the construction or modification
24of a non-clinical service area of a health care facility.
25(Source: P.A. 100-518, eff. 6-1-18.)
 

 

 

HB4892- 19 -LRB100 17828 RJF 33008 b

1    (20 ILCS 3960/5.2)
2    (Section scheduled to be repealed on December 31, 2019)
3    Sec. 5.2. No After the effective date of this amendatory
4Act of the 91st General Assembly, no person shall establish,
5construct, or modify an institution, place, building, or room
6used for the performance of outpatient surgical procedures that
7is leased, owned, or operated by or on behalf of an
8out-of-state facility without first obtaining a permit from the
9State Board.
10(Source: P.A. 91-782, eff. 6-9-00.)
 
11    (20 ILCS 3960/5.3)
12    (Section scheduled to be repealed on December 31, 2019)
13    Sec. 5.3. Annual report of capital expenditures.
14    (a) In addition to the State Board's authority to require
15reports, the State Board shall require each health care
16facility to submit an annual report of all capital expenditures
17in excess of $200,000 (which shall be annually adjusted to
18reflect the increase in construction costs due to inflation)
19made by the health care facility during the most recent year.
20This annual report shall consist of a brief description of the
21capital expenditure, the amount and method of financing the
22capital expenditure, the certificate of need project number if
23the project was reviewed, and the total amount of capital
24expenditures financially committed obligated for the year.
25Data collected from health care facilities pursuant to this

 

 

HB4892- 20 -LRB100 17828 RJF 33008 b

1Section shall not duplicate or overlap other data collected by
2the Department and must be collected as part of the State
3Board's Annual Questionnaires or supplements for health care
4facilities that report these data.
5    (b)(1) For the purposes of this subsection (b), "capital
6expenditures" means only expenditures required under
7subsection (a) for the erection, building, alteration,
8reconstruction, modernization, improvement, extension, or
9demolition of or by a hospital.
10    (2) If a hospital under the University of Illinois Hospital
11Act or Hospital Licensing Act that has more than 100 beds
12reports capital expenditures at or above the amount required
13under subsection (a), then the hospital shall also meet the
14reporting requirements under this subsection (b) for
15female-owned, minority-owned, veteran-owned, and small
16business enterprises with respect to those reported capital
17expenditures.
18    (3) Each hospital shall include the following information
19in its annual report:
20        (A) The hospital's capital expenditure spending goals
21    for female-owned, minority-owned, veteran-owned, and small
22    business enterprises. These goals shall be expressed as a
23    percentage of total capital expenditures reported by the
24    hospital submitting the report.
25        (B) The hospital's actual capital expenditure spending
26    for female-owned, minority-owned, veteran-owned, and small

 

 

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

 

 

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1    business enterprise.
2        (H) Any particular success stories to encourage other
3    hospitals to emulate best practices.
4    (4) A health care system may develop a system-wide annual
5report that includes all hospitals in order to comply with the
6requirements of this subsection (b). Each annual report shall
7include as much State-specific data as possible. If the
8submitting entity does not submit State-specific data, then the
9hospital shall include any national data it does have and
10explain why it could not submit State-specific data and how it
11intends to do so in future reports, if possible.
12    (5) Subject to appropriation, the Department of Central
13Management Services shall hold an annual workshop open to the
14public in 2017 and every year thereafter on the state of
15supplier diversity to collaboratively seek solutions to
16structural impediments to achieving stated goals, including
17testimony from subject matter experts.
18    (6) The Health Facilities and Services Review Board shall
19publish a database on its website of the point of contact for
20each hospital for supplier diversity, along with a list of
21certifications each hospital recognizes from the information
22submitted in each annual report. The Health Facilities and
23Services Review Board shall publish each annual report on its
24website and shall maintain each annual report for at least 5
25years.
26    (7) Notwithstanding any other provision of law, the Health

 

 

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1Facilities and Services Review Board shall not inquire about,
2review, obtain, or in any other way consider the information
3provided in this Section when reviewing an application for a
4permit or exemption or in taking any other action under this
5Act.
6    (8) The annual report required under this subsection (b)
7shall be submitted by each hospital for its fiscal years that
8begin at least 6 months after the effective date of this
9amendatory Act of the 99th General Assembly.
10(Source: P.A. 98-1086, eff. 8-26-14; 99-767, eff. 8-12-16.)
 
11    (20 ILCS 3960/6)  (from Ch. 111 1/2, par. 1156)
12    (Text of Section before amendment by P.A. 100-518)
13    (Section scheduled to be repealed on December 31, 2019)
14    Sec. 6. Application for permit or exemption; exemption
15regulations.
16    (a) An application for a permit or exemption shall be made
17to the State Board upon forms provided by the State Board. This
18application shall contain such information as the State Board
19deems necessary. The State Board shall not require an applicant
20to file a Letter of Intent before an application is filed. Such
21application shall include affirmative evidence on which the
22State Board or Chairman may make its decision on the approval
23or denial of the permit or exemption.
24    (b) The State Board shall establish by regulation the
25procedures and requirements regarding issuance of exemptions.

 

 

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1An exemption shall be approved when information required by the
2Board by rule is submitted. Projects eligible for an exemption,
3rather than a permit, include, but are not limited to, change
4of ownership of a health care facility, discontinuation of a
5category of service, and discontinuation of a health care
6facility, other than a health care facility maintained by the
7State or any agency or department thereof or a nursing home
8maintained by a county. For a change of ownership of a health
9care facility, the State Board shall provide by rule for an
10expedited process for obtaining an exemption in accordance with
11Section 8.5 of this Act. In connection with a change of
12ownership, the State Board may approve the transfer of an
13existing permit without regard to whether the permit to be
14transferred has yet been obligated, except for permits
15establishing a new facility or a new category of service.
16    (c) All applications shall be signed by the applicant and
17shall be verified by any 2 officers thereof.
18    (c-5) Any written review or findings of the Board staff or
19any other reviewing organization under Section 8 concerning an
20application for a permit must be made available to the public
21at least 14 calendar days before the meeting of the State Board
22at which the review or findings are considered. The applicant
23and members of the public may submit, to the State Board,
24written responses regarding the facts set forth in the review
25or findings of the Board staff or reviewing organization.
26Members of the public shall have until 10 days before the

 

 

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1meeting of the State Board to submit any written response
2concerning the Board staff's written review or findings. The
3Board staff may revise any findings to address corrections of
4factual errors cited in the public response. At the meeting,
5the State Board may, in its discretion, permit the submission
6of other additional written materials.
7    (d) Upon receipt of an application for a permit, the State
8Board shall approve and authorize the issuance of a permit if
9it finds (1) that the applicant is fit, willing, and able to
10provide a proper standard of health care service for the
11community with particular regard to the qualification,
12background and character of the applicant, (2) that economic
13feasibility is demonstrated in terms of effect on the existing
14and projected operating budget of the applicant and of the
15health care facility; in terms of the applicant's ability to
16establish and operate such facility in accordance with
17licensure regulations promulgated under pertinent state laws;
18and in terms of the projected impact on the total health care
19expenditures in the facility and community, (3) that safeguards
20are provided that which assure that the establishment,
21construction or modification of the health care facility or
22acquisition of major medical equipment is consistent with the
23public interest, and (4) that the proposed project is
24consistent with the orderly and economic development of such
25facilities and equipment and is in accord with standards,
26criteria, or plans of need adopted and approved pursuant to the

 

 

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1provisions of Section 12 of this Act.
2(Source: P.A. 99-154, eff. 7-28-15.)
 
3    (Text of Section after amendment by P.A. 100-518)
4    (Section scheduled to be repealed on December 31, 2019)
5    Sec. 6. Application for permit or exemption; exemption
6regulations.
7    (a) An application for a permit or exemption shall be made
8to the State Board upon forms provided by the State Board. This
9application shall contain such information as the State Board
10deems necessary. The State Board shall not require an applicant
11to file a Letter of Intent before an application is filed. Such
12application shall include affirmative evidence on which the
13State Board or Chairman may make its decision on the approval
14or denial of the permit or exemption.
15    (b) The State Board shall establish by regulation the
16procedures and requirements regarding issuance of exemptions.
17An exemption shall be approved when information required by the
18Board by rule is submitted. Projects eligible for an exemption,
19rather than a permit, include, but are not limited to, change
20of ownership of a health care facility, discontinuation of a
21category of service, and discontinuation of a health care
22facility, other than a health care facility maintained by the
23State or any agency or department thereof or a nursing home
24maintained by a county. For a change of ownership of a health
25care facility, the State Board shall provide by rule for an

 

 

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1expedited process for obtaining an exemption in accordance with
2Section 8.5 of this Act. In connection with a change of
3ownership, the State Board may approve the transfer of an
4existing permit without regard to whether the permit to be
5transferred has yet been obligated, except for permits
6establishing a new facility or a new category of service.
7    (c) All applications shall be signed by the applicant and
8shall be verified by any 2 officers thereof.
9    (c-5) Any written review or findings of the Board staff
10concerning an application for a permit must be made available
11to the public at least 14 calendar days before the meeting of
12the State Board at which the review or findings are considered.
13The applicant and members of the public may submit, to the
14State Board, written responses regarding the facts set forth in
15the review or findings of the Board staff or reviewing
16organization. Members of the public shall have until 10 days
17before the meeting of the State Board to submit any written
18response concerning the Board staff's written review or
19findings. The Board staff may revise any findings to address
20corrections of factual errors cited in the public response. At
21the meeting, the State Board may, in its discretion, permit the
22submission of other additional written materials.
23    (d) Upon receipt of an application for a permit, the State
24Board shall approve and authorize the issuance of a permit if
25it finds (1) that the applicant is fit, willing, and able to
26provide a proper standard of health care service for the

 

 

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1community with particular regard to the qualification,
2background and character of the applicant, (2) that economic
3feasibility is demonstrated in terms of effect on the existing
4and projected operating budget of the applicant and of the
5health care facility; in terms of the applicant's ability to
6establish and operate such facility in accordance with
7licensure regulations promulgated under pertinent state laws;
8and in terms of the projected impact on the total health care
9expenditures in the facility and community, (3) that safeguards
10are provided that which assure that the establishment,
11construction or modification of the health care facility or
12acquisition of major medical equipment is consistent with the
13public interest, and (4) that the proposed project is
14consistent with the orderly and economic development of such
15facilities and equipment and is in accord with standards,
16criteria, or plans of need adopted and approved pursuant to the
17provisions of Section 12 of this Act.
18(Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18.)
 
19    (20 ILCS 3960/6.2)
20    (Section scheduled to be repealed on December 31, 2019)
21    Sec. 6.2. Review of permits; State Board Staff Reports.
22Upon receipt of an application for a permit to establish,
23construct, or modify a health care facility, the State Board
24staff shall notify the applicant in writing within 10 working
25days either that the application is or is not substantially

 

 

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1complete. If the application is substantially complete, the
2State Board staff shall notify the applicant of the beginning
3of the review process. If the application is not substantially
4complete, the Board staff shall explain within the 10-day
5period why the application is incomplete.
6    The State Board staff shall afford a reasonable amount of
7time as established by the State Board, but not to exceed 120
8days, for the review of the application. The 120-day period
9begins on the day the application is found to be substantially
10complete, as that term is defined by the State Board. During
11the 120-day period, the applicant may request an extension. An
12applicant may modify the application at any time before a final
13administrative decision has been made on the application.
14    The State Board staff shall submit its State Board Staff
15Report to the State Board for its decision-making regarding
16approval or denial of the permit.
17    When an application for a permit is initially reviewed by
18State Board staff, as provided in this Section, the State Board
19shall, upon request by the applicant or an interested person,
20afford an opportunity for a public hearing within a reasonable
21amount of time after receipt of the complete application, but
22not to exceed 90 days after receipt of the complete
23application. Notice of the hearing shall be made promptly, not
24less than 10 days before the hearing, by certified mail to the
25applicant and, not less than 10 days before the hearing, by
26publication in a newspaper of general circulation in the area

 

 

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1or community to be affected. The hearing shall be held in the
2area or community in which the proposed project is to be
3located and shall be for the purpose of allowing the applicant
4and any interested person to present public testimony
5concerning the approval, denial, renewal, or revocation of the
6permit. All interested persons attending the hearing shall be
7given a reasonable opportunity to present their views or
8arguments in writing or orally, and a record of all of the
9testimony shall accompany any findings of the State Board
10staff. The State Board shall adopt reasonable rules and
11regulations governing the procedure and conduct of the
12hearings.
13(Source: P.A. 98-1086, eff. 8-26-14; 99-114, eff. 7-23-15.)
 
14    (20 ILCS 3960/7)  (from Ch. 111 1/2, par. 1157)
15    (Section scheduled to be repealed on December 31, 2019)
16    Sec. 7. The Administrator Director or the Chairman of the
17State Board may request the cooperation of county and
18multiple-county health departments, municipal boards of
19health, and other governmental and nongovernmental agencies in
20obtaining information and in conducting investigations
21relating to applications for permits.
22(Source: P.A. 89-276, eff. 8-10-95.)
 
23    (20 ILCS 3960/10)  (from Ch. 111 1/2, par. 1160)
24    (Section scheduled to be repealed on December 31, 2019)

 

 

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1    Sec. 10. Presenting information relevant to the approval of
2a permit or certificate or in opposition to the denial of the
3application; notice of outcome and review proceedings. When a
4motion by the State Board, to approve an application for a
5permit, fails to pass, or when a motion to deny an application
6for a permit is passed, the applicant or the holder of the
7permit, as the case may be, and such other parties as the State
8Board permits, will be given an opportunity to appear before
9the State Board and present such information as may be relevant
10to the approval of a permit or in opposition to the denial of
11the application.
12    Subsequent to an appearance by the applicant before the
13State Board or default of such opportunity to appear, a motion
14by the State Board to approve an application for a permit which
15fails to pass or a motion to deny an application for a permit
16which passes shall be considered denial of the application for
17a permit, as the case may be. Such action of denial or an
18action by the State Board to revoke a permit shall be
19communicated to the applicant or holder of the permit. Such
20person or organization shall be afforded an opportunity for a
21hearing before an administrative law judge, who is appointed by
22the Chairman of the State Board. A written notice of a request
23for such hearing shall be served upon the Chairman of the State
24Board within 30 days following notification of the decision of
25the State Board. The administrative law judge shall take
26actions necessary to ensure that the hearing is completed

 

 

HB4892- 32 -LRB100 17828 RJF 33008 b

1within a reasonable period of time, but not to exceed 120 days,
2except for delays or continuances agreed to by the person
3requesting the hearing. Following its consideration of the
4report of the hearing, or upon default of the party to the
5hearing, the State Board shall make its final determination,
6specifying its findings and conclusions within 90 days of
7receiving the written report of the hearing. A copy of such
8determination shall be sent by certified mail or served
9personally upon the party.
10    A full and complete record shall be kept of all
11proceedings, including the notice of hearing, complaint, and
12all other documents in the nature of pleadings, written motions
13filed in the proceedings, and the report and orders of the
14State Board or hearing officer. All testimony shall be reported
15but need not be transcribed unless the decision is appealed in
16accordance with the Administrative Review Law, as now or
17hereafter amended. A copy or copies of the transcript may be
18obtained by any interested party on payment of the cost of
19preparing such copy or copies.
20    The State Board or hearing officer shall upon its own or
21his motion, or on the written request of any party to the
22proceeding who has, in the State Board's or hearing officer's
23opinion, demonstrated the relevancy of such request to the
24outcome of the proceedings, issue subpoenas requiring the
25attendance and the giving of testimony by witnesses, and
26subpoenas duces tecum requiring the production of books,

 

 

HB4892- 33 -LRB100 17828 RJF 33008 b

1papers, records, or memoranda. The fees of witnesses for
2attendance and travel shall be the same as the fees of
3witnesses before the circuit court of this State.
4    When the witness is subpoenaed at the instance of the State
5Board, or its hearing officer, such fees shall be paid in the
6same manner as other expenses of the Board, and when the
7witness is subpoenaed at the instance of any other party to any
8such proceeding the State Board may, in accordance with its
9rules, require that the cost of service of the subpoena or
10subpoena duces tecum and the fee of the witness be borne by the
11party at whose instance the witness is summoned. In such case,
12the State Board in its discretion, may require a deposit to
13cover the cost of such service and witness fees. A subpoena or
14subpoena duces tecum so issued shall be served in the same
15manner as a subpoena issued out of a court.
16    Any circuit court of this State upon the application of the
17State Board or upon the application of any other party to the
18proceeding, may, in its discretion, compel the attendance of
19witnesses, the production of books, papers, records, or
20memoranda and the giving of testimony before it or its hearing
21officer conducting an investigation or holding a hearing
22authorized by this Act, by an attachment for contempt, or
23otherwise, in the same manner as production of evidence may be
24compelled before the court.
25(Source: P.A. 98-1086, eff. 8-26-14; 99-527, eff. 1-1-17.)
 

 

 

HB4892- 34 -LRB100 17828 RJF 33008 b

1    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
2    (Text of Section before amendment by P.A. 100-518)
3    (Section scheduled to be repealed on December 31, 2019)
4    Sec. 12. Powers and duties of State Board. For purposes of
5this Act, the State Board shall exercise the following powers
6and duties:
7    (1) Prescribe rules, regulations, standards, criteria,
8procedures or reviews which may vary according to the purpose
9for which a particular review is being conducted or the type of
10project reviewed and which are required to carry out the
11provisions and purposes of this Act. Policies and procedures of
12the State Board shall take into consideration the priorities
13and needs of medically underserved areas and other health care
14services, giving special consideration to the impact of
15projects on access to safety net services.
16    (2) Adopt procedures for public notice and hearing on all
17proposed rules, regulations, standards, criteria, and plans
18required to carry out the provisions of this Act.
19    (3) (Blank).
20    (4) Develop criteria and standards for health care
21facilities planning, conduct statewide inventories of health
22care facilities, maintain an updated inventory on the Board's
23web site reflecting the most recent bed and service changes and
24updated need determinations when new census data become
25available or new need formulae are adopted, and develop health
26care facility plans which shall be utilized in the review of

 

 

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1applications for permit under this Act. Such health facility
2plans shall be coordinated by the Board with pertinent State
3Plans. Inventories pursuant to this Section of skilled or
4intermediate care facilities licensed under the Nursing Home
5Care Act, skilled or intermediate care facilities licensed
6under the ID/DD Community Care Act, skilled or intermediate
7care facilities licensed under the MC/DD Act, facilities
8licensed under the Specialized Mental Health Rehabilitation
9Act of 2013, or nursing homes licensed under the Hospital
10Licensing Act shall be conducted on an annual basis no later
11than July 1 of each year and shall include among the
12information requested a list of all services provided by a
13facility to its residents and to the community at large and
14differentiate between active and inactive beds.
15    In developing health care facility plans, the State Board
16shall consider, but shall not be limited to, the following:
17        (a) The size, composition and growth of the population
18    of the area to be served;
19        (b) The number of existing and planned facilities
20    offering similar programs;
21        (c) The extent of utilization of existing facilities;
22        (d) The availability of facilities which may serve as
23    alternatives or substitutes;
24        (e) The availability of personnel necessary to the
25    operation of the facility;
26        (f) Multi-institutional planning and the establishment

 

 

HB4892- 36 -LRB100 17828 RJF 33008 b

1    of multi-institutional systems where feasible;
2        (g) The financial and economic feasibility of proposed
3    construction or modification; and
4        (h) In the case of health care facilities established
5    by a religious body or denomination, the needs of the
6    members of such religious body or denomination may be
7    considered to be public need.
8    The health care facility plans which are developed and
9adopted in accordance with this Section shall form the basis
10for the plan of the State to deal most effectively with
11statewide health needs in regard to health care facilities.
12    (5) Coordinate with other state agencies having
13responsibilities affecting health care facilities, including
14those of licensure and cost reporting.
15    (6) Solicit, accept, hold and administer on behalf of the
16State any grants or bequests of money, securities or property
17for use by the State Board in the administration of this Act;
18and enter into contracts consistent with the appropriations for
19purposes enumerated in this Act.
20    (7) (Blank). The State Board shall prescribe procedures for
21review, standards, and criteria which shall be utilized to make
22periodic reviews and determinations of the appropriateness of
23any existing health services being rendered by health care
24facilities subject to the Act. The State Board shall consider
25recommendations of the Board in making its determinations.
26    (8) Prescribe rules, regulations, standards, and criteria

 

 

HB4892- 37 -LRB100 17828 RJF 33008 b

1for the conduct of an expeditious review of applications for
2permits for projects of construction or modification of a
3health care facility, which projects are classified as
4emergency, substantive, or non-substantive in nature.
5    Substantive Six months after June 30, 2009 (the effective
6date of Public Act 96-31), substantive projects shall include
7no more than the following:
8        (a) Projects to construct (1) a new or replacement
9    facility located on a new site or (2) a replacement
10    facility located on the same site as the original facility
11    and the cost of the replacement facility exceeds the
12    capital expenditure minimum, which shall be reviewed by the
13    Board within 120 days;
14        (b) Projects proposing a (1) new service within an
15    existing healthcare facility or (2) discontinuation of a
16    service within an existing healthcare facility, which
17    shall be reviewed by the Board within 60 days; or
18        (c) Projects proposing a change in the bed capacity of
19    a health care facility by an increase in the total number
20    of beds or by a redistribution of beds among various
21    categories of service or by a relocation of beds from one
22    physical facility or site to another by more than 20 beds
23    or more than 10% of total bed capacity, as defined by the
24    State Board, whichever is less, over a 2-year period.
25    The Chairman may approve applications for exemption that
26meet the criteria set forth in rules or refer them to the full

 

 

HB4892- 38 -LRB100 17828 RJF 33008 b

1Board. The Chairman may approve any unopposed application that
2meets all of the review criteria or refer them to the full
3Board.
4    Such rules shall not prevent the conduct of a public
5hearing upon the timely request of an interested party. Such
6reviews shall not exceed 60 days from the date the application
7is declared to be complete.
8    (9) Prescribe rules, regulations, standards, and criteria
9pertaining to the granting of permits for construction and
10modifications which are emergent in nature and must be
11undertaken immediately to prevent or correct structural
12deficiencies or hazardous conditions that may harm or injure
13persons using the facility, as defined in the rules and
14regulations of the State Board. This procedure is exempt from
15public hearing requirements of this Act.
16    (10) Prescribe rules, regulations, standards and criteria
17for the conduct of an expeditious review, not exceeding 60
18days, of applications for permits for projects to construct or
19modify health care facilities which are needed for the care and
20treatment of persons who have acquired immunodeficiency
21syndrome (AIDS) or related conditions.
22    (10.5) Provide its rationale when voting on an item before
23it at a State Board meeting in order to comply with subsection
24(b) of Section 3-108 of the Code of Civil Procedure.
25    (11) Issue written decisions upon request of the applicant
26or an adversely affected party to the Board. Requests for a

 

 

HB4892- 39 -LRB100 17828 RJF 33008 b

1written decision shall be made within 15 days after the Board
2meeting in which a final decision has been made. A "final
3decision" for purposes of this Act is the decision to approve
4or deny an application, or take other actions permitted under
5this Act, at the time and date of the meeting that such action
6is scheduled by the Board. The transcript of the State Board
7meeting shall be incorporated into the Board's final decision.
8The staff of the Board shall prepare a written copy of the
9final decision and the Board shall approve a final copy for
10inclusion in the formal record. The Board shall consider, for
11approval, the written draft of the final decision no later than
12the next scheduled Board meeting. The written decision shall
13identify the applicable criteria and factors listed in this Act
14and the Board's regulations that were taken into consideration
15by the Board when coming to a final decision. If the Board
16denies or fails to approve an application for permit or
17exemption, the Board shall include in the final decision a
18detailed explanation as to why the application was denied and
19identify what specific criteria or standards the applicant did
20not fulfill.
21    (12) (Blank). Require at least one of its members to
22participate in any public hearing, after the appointment of a
23majority of the members to the Board.
24    (13) Provide a mechanism for the public to comment on, and
25request changes to, draft rules and standards.
26    (14) Implement public information campaigns to regularly

 

 

HB4892- 40 -LRB100 17828 RJF 33008 b

1inform the general public about the opportunity for public
2hearings and public hearing procedures.
3    (15) Establish a separate set of rules and guidelines for
4long-term care that recognizes that nursing homes are a
5different business line and service model from other regulated
6facilities. An open and transparent process shall be developed
7that considers the following: how skilled nursing fits in the
8continuum of care with other care providers, modernization of
9nursing homes, establishment of more private rooms,
10development of alternative services, and current trends in
11long-term care services. The Chairman of the Board shall
12appoint a permanent Health Services Review Board Long-term Care
13Facility Advisory Subcommittee that shall develop and
14recommend to the Board the rules to be established by the Board
15under this paragraph (15). The Subcommittee shall also provide
16continuous review and commentary on policies and procedures
17relative to long-term care and the review of related projects.
18The Subcommittee shall make recommendations to the Board no
19later than January 1, 2016 and every January thereafter
20pursuant to the Subcommittee's responsibility for the
21continuous review and commentary on policies and procedures
22relative to long-term care. In consultation with other experts
23from the health field of long-term care, the Board and the
24Subcommittee shall study new approaches to the current bed need
25formula and Health Service Area boundaries to encourage
26flexibility and innovation in design models reflective of the

 

 

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1changing long-term care marketplace and consumer preferences
2and submit its recommendations to the Chairman of the Board no
3later than January 1, 2017. The Subcommittee shall evaluate,
4and make recommendations to the State Board regarding, the
5buying, selling, and exchange of beds between long-term care
6facilities within a specified geographic area or drive time.
7The Board shall file the proposed related administrative rules
8for the separate rules and guidelines for long-term care
9required by this paragraph (15) by no later than September 30,
102011. The Subcommittee shall be provided a reasonable and
11timely opportunity to review and comment on any review,
12revision, or updating of the criteria, standards, procedures,
13and rules used to evaluate project applications as provided
14under Section 12.3 of this Act.
15    The Chairman of the Board shall appoint voting members of
16the Subcommittee, who shall serve for a period of 3 years, with
17one-third of the terms expiring each January, to be determined
18by lot. Appointees shall include, but not be limited to,
19recommendations from each of the 3 statewide long-term care
20associations, with an equal number to be appointed from each.
21Compliance with this provision shall be through the appointment
22and reappointment process. All appointees serving as of April
231, 2015 shall serve to the end of their term as determined by
24lot or until the appointee voluntarily resigns, whichever is
25earlier.
26    One representative from the Department of Public Health,

 

 

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1the Department of Healthcare and Family Services, the
2Department on Aging, and the Department of Human Services may
3each serve as an ex-officio non-voting member of the
4Subcommittee. The Chairman of the Board shall select a
5Subcommittee Chair, who shall serve for a period of 3 years.
6    (16) Prescribe the format of the State Board Staff Report.
7A State Board Staff Report shall pertain to applications that
8include, but are not limited to, applications for permit or
9exemption, applications for permit renewal, applications for
10extension of the financial commitment obligation period,
11applications requesting a declaratory ruling, or applications
12under the Health Care Worker Self-Referral Act. State Board
13Staff Reports shall compare applications to the relevant review
14criteria under the Board's rules.
15    (17) Establish a separate set of rules and guidelines for
16facilities licensed under the Specialized Mental Health
17Rehabilitation Act of 2013. An application for the
18re-establishment of a facility in connection with the
19relocation of the facility shall not be granted unless the
20applicant has a contractual relationship with at least one
21hospital to provide emergency and inpatient mental health
22services required by facility consumers, and at least one
23community mental health agency to provide oversight and
24assistance to facility consumers while living in the facility,
25and appropriate services, including case management, to assist
26them to prepare for discharge and reside stably in the

 

 

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1community thereafter. No new facilities licensed under the
2Specialized Mental Health Rehabilitation Act of 2013 shall be
3established after June 16, 2014 (the effective date of Public
4Act 98-651) except in connection with the relocation of an
5existing facility to a new location. An application for a new
6location shall not be approved unless there are adequate
7community services accessible to the consumers within a
8reasonable distance, or by use of public transportation, so as
9to facilitate the goal of achieving maximum individual
10self-care and independence. At no time shall the total number
11of authorized beds under this Act in facilities licensed under
12the Specialized Mental Health Rehabilitation Act of 2013 exceed
13the number of authorized beds on June 16, 2014 (the effective
14date of Public Act 98-651).
15(Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13;
1698-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff.
177-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277,
18eff. 8-5-15; 99-527, eff. 1-1-17; 99-642, eff. 7-28-16.)
 
19    (Text of Section after amendment by P.A. 100-518)
20    (Section scheduled to be repealed on December 31, 2019)
21    Sec. 12. Powers and duties of State Board. For purposes of
22this Act, the State Board shall exercise the following powers
23and duties:
24    (1) Prescribe rules, regulations, standards, criteria,
25procedures or reviews which may vary according to the purpose

 

 

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1for which a particular review is being conducted or the type of
2project reviewed and which are required to carry out the
3provisions and purposes of this Act. Policies and procedures of
4the State Board shall take into consideration the priorities
5and needs of medically underserved areas and other health care
6services, giving special consideration to the impact of
7projects on access to safety net services.
8    (2) Adopt procedures for public notice and hearing on all
9proposed rules, regulations, standards, criteria, and plans
10required to carry out the provisions of this Act.
11    (3) (Blank).
12    (4) Develop criteria and standards for health care
13facilities planning, conduct statewide inventories of health
14care facilities, maintain an updated inventory on the Board's
15web site reflecting the most recent bed and service changes and
16updated need determinations when new census data become
17available or new need formulae are adopted, and develop health
18care facility plans which shall be utilized in the review of
19applications for permit under this Act. Such health facility
20plans shall be coordinated by the Board with pertinent State
21Plans. Inventories pursuant to this Section of skilled or
22intermediate care facilities licensed under the Nursing Home
23Care Act, skilled or intermediate care facilities licensed
24under the ID/DD Community Care Act, skilled or intermediate
25care facilities licensed under the MC/DD Act, facilities
26licensed under the Specialized Mental Health Rehabilitation

 

 

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1Act of 2013, or nursing homes licensed under the Hospital
2Licensing Act shall be conducted on an annual basis no later
3than July 1 of each year and shall include among the
4information requested a list of all services provided by a
5facility to its residents and to the community at large and
6differentiate between active and inactive beds.
7    In developing health care facility plans, the State Board
8shall consider, but shall not be limited to, the following:
9        (a) The size, composition and growth of the population
10    of the area to be served;
11        (b) The number of existing and planned facilities
12    offering similar programs;
13        (c) The extent of utilization of existing facilities;
14        (d) The availability of facilities which may serve as
15    alternatives or substitutes;
16        (e) The availability of personnel necessary to the
17    operation of the facility;
18        (f) Multi-institutional planning and the establishment
19    of multi-institutional systems where feasible;
20        (g) The financial and economic feasibility of proposed
21    construction or modification; and
22        (h) In the case of health care facilities established
23    by a religious body or denomination, the needs of the
24    members of such religious body or denomination may be
25    considered to be public need.
26    The health care facility plans which are developed and

 

 

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1adopted in accordance with this Section shall form the basis
2for the plan of the State to deal most effectively with
3statewide health needs in regard to health care facilities.
4    (5) Coordinate with other state agencies having
5responsibilities affecting health care facilities, including
6those of licensure and cost reporting.
7    (6) Solicit, accept, hold and administer on behalf of the
8State any grants or bequests of money, securities or property
9for use by the State Board in the administration of this Act;
10and enter into contracts consistent with the appropriations for
11purposes enumerated in this Act.
12    (7) (Blank). The State Board shall prescribe procedures for
13review, standards, and criteria which shall be utilized to make
14periodic reviews and determinations of the appropriateness of
15any existing health services being rendered by health care
16facilities subject to the Act. The State Board shall consider
17recommendations of the Board in making its determinations.
18    (8) Prescribe rules, regulations, standards, and criteria
19for the conduct of an expeditious review of applications for
20permits for projects of construction or modification of a
21health care facility, which projects are classified as
22emergency, substantive, or non-substantive in nature.
23    Substantive Six months after June 30, 2009 (the effective
24date of Public Act 96-31), substantive projects shall include
25no more than the following:
26        (a) Projects to construct (1) a new or replacement

 

 

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1    facility located on a new site or (2) a replacement
2    facility located on the same site as the original facility
3    and the cost of the replacement facility exceeds the
4    capital expenditure minimum, which shall be reviewed by the
5    Board within 120 days;
6        (b) Projects proposing a (1) new service within an
7    existing healthcare facility or (2) discontinuation of a
8    service within an existing healthcare facility, which
9    shall be reviewed by the Board within 60 days; or
10        (c) Projects proposing a change in the bed capacity of
11    a health care facility by an increase in the total number
12    of beds or by a redistribution of beds among various
13    categories of service or by a relocation of beds from one
14    physical facility or site to another by more than 20 beds
15    or more than 10% of total bed capacity, as defined by the
16    State Board, whichever is less, over a 2-year period.
17    The Chairman may approve applications for exemption that
18meet the criteria set forth in rules or refer them to the full
19Board. The Chairman may approve any unopposed application that
20meets all of the review criteria or refer them to the full
21Board.
22    Such rules shall not prevent the conduct of a public
23hearing upon the timely request of an interested party. Such
24reviews shall not exceed 60 days from the date the application
25is declared to be complete.
26    (9) Prescribe rules, regulations, standards, and criteria

 

 

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1pertaining to the granting of permits for construction and
2modifications which are emergent in nature and must be
3undertaken immediately to prevent or correct structural
4deficiencies or hazardous conditions that may harm or injure
5persons using the facility, as defined in the rules and
6regulations of the State Board. This procedure is exempt from
7public hearing requirements of this Act.
8    (10) Prescribe rules, regulations, standards and criteria
9for the conduct of an expeditious review, not exceeding 60
10days, of applications for permits for projects to construct or
11modify health care facilities which are needed for the care and
12treatment of persons who have acquired immunodeficiency
13syndrome (AIDS) or related conditions.
14    (10.5) Provide its rationale when voting on an item before
15it at a State Board meeting in order to comply with subsection
16(b) of Section 3-108 of the Code of Civil Procedure.
17    (11) Issue written decisions upon request of the applicant
18or an adversely affected party to the Board. Requests for a
19written decision shall be made within 15 days after the Board
20meeting in which a final decision has been made. A "final
21decision" for purposes of this Act is the decision to approve
22or deny an application, or take other actions permitted under
23this Act, at the time and date of the meeting that such action
24is scheduled by the Board. The transcript of the State Board
25meeting shall be incorporated into the Board's final decision.
26The staff of the Board shall prepare a written copy of the

 

 

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1final decision and the Board shall approve a final copy for
2inclusion in the formal record. The Board shall consider, for
3approval, the written draft of the final decision no later than
4the next scheduled Board meeting. The written decision shall
5identify the applicable criteria and factors listed in this Act
6and the Board's regulations that were taken into consideration
7by the Board when coming to a final decision. If the Board
8denies or fails to approve an application for permit or
9exemption, the Board shall include in the final decision a
10detailed explanation as to why the application was denied and
11identify what specific criteria or standards the applicant did
12not fulfill.
13    (12) (Blank). Require at least one of its members to
14participate in any public hearing, after the appointment of a
15majority of the members to the Board.
16    (13) Provide a mechanism for the public to comment on, and
17request changes to, draft rules and standards.
18    (14) Implement public information campaigns to regularly
19inform the general public about the opportunity for public
20hearings and public hearing procedures.
21    (15) Establish a separate set of rules and guidelines for
22long-term care that recognizes that nursing homes are a
23different business line and service model from other regulated
24facilities. An open and transparent process shall be developed
25that considers the following: how skilled nursing fits in the
26continuum of care with other care providers, modernization of

 

 

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1nursing homes, establishment of more private rooms,
2development of alternative services, and current trends in
3long-term care services. The Chairman of the Board shall
4appoint a permanent Health Services Review Board Long-term Care
5Facility Advisory Subcommittee that shall develop and
6recommend to the Board the rules to be established by the Board
7under this paragraph (15). The Subcommittee shall also provide
8continuous review and commentary on policies and procedures
9relative to long-term care and the review of related projects.
10The Subcommittee shall make recommendations to the Board no
11later than January 1, 2016 and every January thereafter
12pursuant to the Subcommittee's responsibility for the
13continuous review and commentary on policies and procedures
14relative to long-term care. In consultation with other experts
15from the health field of long-term care, the Board and the
16Subcommittee shall study new approaches to the current bed need
17formula and Health Service Area boundaries to encourage
18flexibility and innovation in design models reflective of the
19changing long-term care marketplace and consumer preferences
20and submit its recommendations to the Chairman of the Board no
21later than January 1, 2017. The Subcommittee shall evaluate,
22and make recommendations to the State Board regarding, the
23buying, selling, and exchange of beds between long-term care
24facilities within a specified geographic area or drive time.
25The Board shall file the proposed related administrative rules
26for the separate rules and guidelines for long-term care

 

 

HB4892- 51 -LRB100 17828 RJF 33008 b

1required by this paragraph (15) by no later than September 30,
22011. The Subcommittee shall be provided a reasonable and
3timely opportunity to review and comment on any review,
4revision, or updating of the criteria, standards, procedures,
5and rules used to evaluate project applications as provided
6under Section 12.3 of this Act.
7    The Chairman of the Board shall appoint voting members of
8the Subcommittee, who shall serve for a period of 3 years, with
9one-third of the terms expiring each January, to be determined
10by lot. Appointees shall include, but not be limited to,
11recommendations from each of the 3 statewide long-term care
12associations, with an equal number to be appointed from each.
13Compliance with this provision shall be through the appointment
14and reappointment process. All appointees serving as of April
151, 2015 shall serve to the end of their term as determined by
16lot or until the appointee voluntarily resigns, whichever is
17earlier.
18    One representative from the Department of Public Health,
19the Department of Healthcare and Family Services, the
20Department on Aging, and the Department of Human Services may
21each serve as an ex-officio non-voting member of the
22Subcommittee. The Chairman of the Board shall select a
23Subcommittee Chair, who shall serve for a period of 3 years.
24    (16) Prescribe the format of the State Board Staff Report.
25A State Board Staff Report shall pertain to applications that
26include, but are not limited to, applications for permit or

 

 

HB4892- 52 -LRB100 17828 RJF 33008 b

1exemption, applications for permit renewal, applications for
2extension of the financial commitment period, applications
3requesting a declaratory ruling, or applications under the
4Health Care Worker Self-Referral Act. State Board Staff Reports
5shall compare applications to the relevant review criteria
6under the Board's rules.
7    (17) Establish a separate set of rules and guidelines for
8facilities licensed under the Specialized Mental Health
9Rehabilitation Act of 2013. An application for the
10re-establishment of a facility in connection with the
11relocation of the facility shall not be granted unless the
12applicant has a contractual relationship with at least one
13hospital to provide emergency and inpatient mental health
14services required by facility consumers, and at least one
15community mental health agency to provide oversight and
16assistance to facility consumers while living in the facility,
17and appropriate services, including case management, to assist
18them to prepare for discharge and reside stably in the
19community thereafter. No new facilities licensed under the
20Specialized Mental Health Rehabilitation Act of 2013 shall be
21established after June 16, 2014 (the effective date of Public
22Act 98-651) except in connection with the relocation of an
23existing facility to a new location. An application for a new
24location shall not be approved unless there are adequate
25community services accessible to the consumers within a
26reasonable distance, or by use of public transportation, so as

 

 

HB4892- 53 -LRB100 17828 RJF 33008 b

1to facilitate the goal of achieving maximum individual
2self-care and independence. At no time shall the total number
3of authorized beds under this Act in facilities licensed under
4the Specialized Mental Health Rehabilitation Act of 2013 exceed
5the number of authorized beds on June 16, 2014 (the effective
6date of Public Act 98-651).
7(Source: P.A. 99-78, eff. 7-20-15; 99-114, eff. 7-23-15;
899-180, eff. 7-29-15; 99-277, eff. 8-5-15; 99-527, eff. 1-1-17;
999-642, eff. 7-28-16; 100-518, eff. 6-1-18.)
 
10    (20 ILCS 3960/12.2)
11    (Section scheduled to be repealed on December 31, 2019)
12    Sec. 12.2. Powers of the State Board staff. For purposes of
13this Act, the staff shall exercise the following powers and
14duties:
15        (1) Review applications for permits and exemptions in
16    accordance with the standards, criteria, and plans of need
17    established by the State Board under this Act and certify
18    its finding to the State Board.
19        (1.5) Post the following on the Board's web site:
20    relevant (i) rules, (ii) standards, (iii) criteria, (iv)
21    State norms, (v) references used by Board staff in making
22    determinations about whether application criteria are met,
23    and (vi) notices of project-related filings, including
24    notice of public comments related to the application.
25        (2) Charge and collect an amount determined by the

 

 

HB4892- 54 -LRB100 17828 RJF 33008 b

1    State Board and the staff to be reasonable fees for the
2    processing of applications by the State Board. The State
3    Board shall set the amounts by rule. Application fees for
4    continuing care retirement communities, and other health
5    care models that include regulated and unregulated
6    components, shall apply only to those components subject to
7    regulation under this Act. All fees and fines collected
8    under the provisions of this Act shall be deposited into
9    the Illinois Health Facilities Planning Fund to be used for
10    the expenses of administering this Act.
11        (2.1) Publish the following reports on the State Board
12    website:
13            (A) An annual accounting, aggregated by category
14        and with names of parties redacted, of fees, fines, and
15        other revenue collected as well as expenses incurred,
16        in the administration of this Act.
17            (B) An annual report, with names of the parties
18        redacted, that summarizes all settlement agreements
19        entered into with the State Board that resolve an
20        alleged instance of noncompliance with State Board
21        requirements under this Act.
22            (C) (Blank). A monthly report that includes the
23        status of applications and recommendations regarding
24        updates to the standard, criteria, or the health plan
25        as appropriate.
26            (D) Board reports showing the degree to which an

 

 

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1        application conforms to the review standards, a
2        summation of relevant public testimony, and any
3        additional information that staff wants to
4        communicate.
5        (3) Coordinate with other State agencies having
6    responsibilities affecting health care facilities,
7    including licensure and cost reporting agencies.
8(Source: P.A. 98-1086, eff. 8-26-14; 99-527, eff. 1-1-17.)
 
9    (20 ILCS 3960/12.3)
10    (Section scheduled to be repealed on December 31, 2019)
11    Sec. 12.3. Revision of criteria, standards, and rules. At
12least every 2 years, the State Board shall review, revise, and
13update the criteria, standards, and rules used to evaluate
14applications for permit and exemption. The Board may appoint
15temporary advisory committees made up of experts with
16professional competence in the subject matter of the proposed
17standards or criteria to assist in the development of revisions
18to requirements, standards, and criteria. In particular, the
19review of the criteria, standards, and rules shall consider:
20        (1) Whether the requirements, criteria, and standards
21    reflect current industry standards and anticipated trends.
22        (2) Whether the criteria and standards can be reduced
23    or eliminated.
24        (3) Whether requirements, criteria, and standards can
25    be developed to authorize the construction of unfinished

 

 

HB4892- 56 -LRB100 17828 RJF 33008 b

1    space for future use when the ultimate need for such space
2    can be reasonably projected.
3        (4) Whether the criteria and standards take into
4    account issues related to population growth and changing
5    demographics in a community.
6        (5) Whether facility-defined service and planning
7    areas should be recognized.
8        (6) Whether categories of service that are subject to
9    review should be re-evaluated, including provisions
10    related to structural, functional, and operational
11    differences between long-term care facilities and acute
12    care facilities and that allow routine changes of
13    ownership, facility sales, and closure requests to be
14    processed on a more timely basis.
15(Source: P.A. 99-527, eff. 1-1-17.)
 
16    (20 ILCS 3960/12.4)
17    (Section scheduled to be repealed on December 31, 2019)
18    Sec. 12.4. Hospital reduction in health care services;
19notice. If a hospital reduces any of the Categories of Service
20as outlined in Title 77, Chapter II, Part 1110 in the Illinois
21Administrative Code, or any other service as defined by rule by
22the State Board, by 50% or more according to rules adopted by
23the State Board, then within 30 days after reducing the
24service, the hospital must give written notice of the reduction
25in service to the State Board, the Department of Public Health,

 

 

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1and the State Senator and 2 State Representative
2Representatives serving the legislative district in which the
3hospital is located. The State Board shall adopt rules to
4implement this Section, including rules that specify (i) how
5each health care service is defined, if not already defined in
6the State Board's rules, and (ii) what constitutes a reduction
7in service of 50% or more.
8(Source: P.A. 93-940, eff. 1-1-05.)
 
9    (20 ILCS 3960/12.5)
10    (Section scheduled to be repealed on December 31, 2019)
11    Sec. 12.5. Update existing bed inventory and associated bed
12need projections. The While the Task Force on Health Planning
13Reform will make long-term recommendations related to the
14method and formula for calculating the bed inventory and
15associated bed need projections, there is a current need for
16the bed inventory to be updated prior to the issuance of the
17recommendations of the Task Force. Therefore, the State Board
18shall regularly immediately update the existing bed inventory
19and associated bed need projections required by Sections 12 and
2012.3 of this Act, using the most recently published historical
21utilization data, 5-year population projections, and an
22appropriate migration factor for the medical-surgical and
23pediatric category of service which shall be no less than 50%.
24The State Board shall provide written documentation providing
25the methodology and rationale used to determine the appropriate

 

 

HB4892- 58 -LRB100 17828 RJF 33008 b

1migration factor.
2(Source: P.A. 97-1115, eff. 8-27-12; 98-1086, eff. 8-26-14.)
 
3    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
4    (Section scheduled to be repealed on December 31, 2019)
5    Sec. 13. Investigation of applications for permits and
6certificates of recognition. The State Board shall make or
7cause to be made such investigations as it deems necessary in
8connection with an application for a permit or an application
9for a certificate of recognition, or in connection with a
10determination of whether or not construction or modification
11that which has been commenced is in accord with the permit
12issued by the State Board, or whether construction or
13modification has been commenced without a permit having been
14obtained. The State Board may issue subpoenas duces tecum
15requiring the production of records and may administer oaths to
16such witnesses.
17    Any circuit court of this State, upon the application of
18the State Board or upon the application of any party to such
19proceedings, may, in its discretion, compel the attendance of
20witnesses, the production of books, papers, records, or
21memoranda and the giving of testimony before the State Board,
22by a proceeding as for contempt, or otherwise, in the same
23manner as production of evidence may be compelled before the
24court.
25    The State Board shall require all health facilities

 

 

HB4892- 59 -LRB100 17828 RJF 33008 b

1operating in this State to provide such reasonable reports at
2such times and containing such information as is needed by it
3to carry out the purposes and provisions of this Act. Prior to
4collecting information from health facilities, the State Board
5shall make reasonable efforts through a public process to
6consult with health facilities and associations that represent
7them to determine whether data and information requests will
8result in useful information for health planning, whether
9sufficient information is available from other sources, and
10whether data requested is routinely collected by health
11facilities and is available without retrospective record
12review. Data and information requests shall not impose undue
13paperwork burdens on health care facilities and personnel.
14Health facilities not complying with this requirement shall be
15reported to licensing, accrediting, certifying, or payment
16agencies as being in violation of State law. Health care
17facilities and other parties at interest shall have reasonable
18access, under rules established by the State Board, to all
19planning information submitted in accord with this Act
20pertaining to their area.
21    Among the reports to be required by the State Board are
22facility questionnaires for health care facilities licensed
23under the Ambulatory Surgical Treatment Center Act, the
24Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
25Community Care Act, the MC/DD Act, the Specialized Mental
26Health Rehabilitation Act of 2013, or the End Stage Renal

 

 

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1Disease Facility Act. These questionnaires shall be conducted
2on an annual basis and compiled by the State Board. For health
3care facilities licensed under the Nursing Home Care Act or the
4Specialized Mental Health Rehabilitation Act of 2013, these
5reports shall include, but not be limited to, the
6identification of specialty services provided by the facility
7to patients, residents, and the community at large. Annual
8reports for facilities licensed under the ID/DD Community Care
9Act and facilities licensed under the MC/DD Act shall be
10different from the annual reports required of other health care
11facilities and shall be specific to those facilities licensed
12under the ID/DD Community Care Act or the MC/DD Act. The Health
13Facilities and Services Review Board shall consult with
14associations representing facilities licensed under the ID/DD
15Community Care Act and associations representing facilities
16licensed under the MC/DD Act when developing the information
17requested in these annual reports. For health care facilities
18that contain long term care beds, the reports shall also
19include the number of staffed long term care beds, physical
20capacity for long term care beds at the facility, and long term
21care beds available for immediate occupancy. For purposes of
22this paragraph, "long term care beds" means beds (i) licensed
23under the Nursing Home Care Act, (ii) licensed under the ID/DD
24Community Care Act, (iii) licensed under the MC/DD Act, (iv)
25licensed under the Hospital Licensing Act, or (v) licensed
26under the Specialized Mental Health Rehabilitation Act of 2013

 

 

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1and certified as skilled nursing or nursing facility beds under
2Medicaid or Medicare.
3(Source: P.A. 98-1086, eff. 8-26-14; 99-180, eff. 7-29-15.)
 
4    (20 ILCS 3960/14.1)
5    (Section scheduled to be repealed on December 31, 2019)
6    Sec. 14.1. Denial of permit; other sanctions.
7    (a) The State Board may deny an application for a permit or
8may revoke or take other action as permitted by this Act with
9regard to a permit as the State Board deems appropriate,
10including the imposition of fines as set forth in this Section,
11for any one or a combination of the following:
12        (1) The acquisition of major medical equipment without
13    a permit or in violation of the terms of a permit.
14        (2) The establishment, construction, modification, or
15    change of ownership of a health care facility without a
16    permit or exemption or in violation of the terms of a
17    permit.
18        (3) The violation of any provision of this Act or any
19    rule adopted under this Act.
20        (4) The failure, by any person subject to this Act, to
21    provide information requested by the State Board or Agency
22    within 30 days after a formal written request for the
23    information.
24        (5) The failure to pay any fine imposed under this
25    Section within 30 days of its imposition.

 

 

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1    (a-5) For facilities licensed under the ID/DD Community
2Care Act, no permit shall be denied on the basis of prior
3operator history, other than for actions specified under item
4(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
5Act. For facilities licensed under the MC/DD Act, no permit
6shall be denied on the basis of prior operator history, other
7than for actions specified under item (2), (4), or (5) of
8Section 3-117 of the MC/DD Act. For facilities licensed under
9the Specialized Mental Health Rehabilitation Act of 2013, no
10permit shall be denied on the basis of prior operator history,
11other than for actions specified under subsections (a) and (b)
12of Section 4-109 of the Specialized Mental Health
13Rehabilitation Act of 2013. For facilities licensed under the
14Nursing Home Care Act, no permit shall be denied on the basis
15of prior operator history, other than for: (i) actions
16specified under item (2), (3), (4), (5), or (6) of Section
173-117 of the Nursing Home Care Act; (ii) actions specified
18under item (a)(6) of Section 3-119 of the Nursing Home Care
19Act; or (iii) actions within the preceding 5 years constituting
20a substantial and repeated failure to comply with the Nursing
21Home Care Act or the rules and regulations adopted by the
22Department under that Act. The State Board shall not deny a
23permit on account of any action described in this subsection
24(a-5) without also considering all such actions in the light of
25all relevant information available to the State Board,
26including whether the permit is sought to substantially comply

 

 

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1with a mandatory or voluntary plan of correction associated
2with any action described in this subsection (a-5).
3    (b) Persons shall be subject to fines as follows:
4        (1) A permit holder who fails to comply with the
5    requirements of maintaining a valid permit shall be fined
6    an amount not to exceed 1% of the approved permit amount
7    plus an additional 1% of the approved permit amount for
8    each 30-day period, or fraction thereof, that the violation
9    continues.
10        (2) A permit holder who alters the scope of an approved
11    project or whose project costs exceed the allowable permit
12    amount without first obtaining approval from the State
13    Board shall be fined an amount not to exceed the sum of (i)
14    the lesser of $25,000 or 2% of the approved permit amount
15    and (ii) in those cases where the approved permit amount is
16    exceeded by more than $1,000,000, an additional $20,000 for
17    each $1,000,000, or fraction thereof, in excess of the
18    approved permit amount.
19        (2.5) A permit or exemption holder who fails to comply
20    with the post-permit and reporting requirements set forth
21    in Sections 5 and 8.5 shall be fined an amount not to
22    exceed $10,000 plus an additional $10,000 for each 30-day
23    period, or fraction thereof, that the violation continues.
24    This fine shall continue to accrue until the date that (i)
25    the post-permit requirements are met and the post-permit or
26    post-exemption reports are received by the State Board or

 

 

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1    (ii) the matter is referred by the State Board to the State
2    Board's legal counsel. The accrued fine is not waived by
3    the permit or exemption holder submitting the required
4    information and reports. Prior to any fine beginning to
5    accrue, the Board shall notify, in writing, a permit or
6    exemption holder of the due date for the post-permit and
7    reporting requirements no later than 30 days before the due
8    date for the requirements. The exemption letter shall serve
9    as the notice for exemptions. This paragraph (2.5) takes
10    effect 6 months after August 27, 2012 (the effective date
11    of Public Act 97-1115).
12        (3) A person who acquires major medical equipment or
13    who establishes a category of service without first
14    obtaining a permit or exemption, as the case may be, shall
15    be fined an amount not to exceed $10,000 for each such
16    acquisition or category of service established plus an
17    additional $10,000 for each 30-day period, or fraction
18    thereof, that the violation continues.
19        (4) A person who constructs, modifies, establishes, or
20    changes ownership of a health care facility without first
21    obtaining a permit or exemption shall be fined an amount
22    not to exceed $25,000 plus an additional $25,000 for each
23    30-day period, or fraction thereof, that the violation
24    continues.
25        (5) A person who discontinues a health care facility or
26    a category of service without first obtaining a permit or

 

 

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1    exemption shall be fined an amount not to exceed $10,000
2    plus an additional $10,000 for each 30-day period, or
3    fraction thereof, that the violation continues. For
4    purposes of this subparagraph (5), facilities licensed
5    under the Nursing Home Care Act, the ID/DD Community Care
6    Act, or the MC/DD Act, with the exceptions of facilities
7    operated by a county or Illinois Veterans Homes, are exempt
8    from this permit requirement. However, facilities licensed
9    under the Nursing Home Care Act, the ID/DD Community Care
10    Act, or the MC/DD Act must comply with Section 3-423 of the
11    Nursing Home Care Act, Section 3-423 of the ID/DD Community
12    Care Act, or Section 3-423 of the MC/DD Act and must
13    provide the Board and the Department of Human Services with
14    30 days' written notice of their intent to close.
15    Facilities licensed under the ID/DD Community Care Act or
16    the MC/DD Act also must provide the Board and the
17    Department of Human Services with 30 days' written notice
18    of their intent to reduce the number of beds for a
19    facility.
20        (6) A person subject to this Act who fails to provide
21    information requested by the State Board or Agency within
22    30 days of a formal written request shall be fined an
23    amount not to exceed $1,000 plus an additional $1,000 for
24    each 30-day period, or fraction thereof, that the
25    information is not received by the State Board or Agency.
26    (b-5) The State Board may accept in-kind services or

 

 

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1donations instead of or in combination with the imposition of a
2fine. This authorization is limited to cases where the
3non-compliant individual or entity has waived the right to an
4administrative hearing or opportunity to appear before the
5Board regarding the non-compliant matter.
6    (c) Before imposing any fine authorized under this Section,
7the State Board shall afford the person or permit holder, as
8the case may be, an appearance before the State Board and an
9opportunity for a hearing before a hearing officer appointed by
10the State Board. The hearing shall be conducted in accordance
11with Section 10. Requests for an appearance before the State
12Board must be made within 30 days after receiving notice that a
13fine will be imposed.
14    (d) All fines collected under this Act shall be transmitted
15to the State Treasurer, who shall deposit them into the
16Illinois Health Facilities Planning Fund.
17    (e) Fines imposed under this Section shall continue to
18accrue until: (i) the date that the matter is referred by the
19State Board to the Board's legal counsel; or (ii) the date that
20the health care facility becomes compliant with the Act,
21whichever is earlier.
22(Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15;
2399-180, eff. 7-29-15; 99-527, eff. 1-1-17; 99-642, eff.
246-28-16.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.