101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1739

 

Introduced 2/15/2019, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3960/6  from Ch. 111 1/2, par. 1156
20 ILCS 3960/12  from Ch. 111 1/2, par. 1162
20 ILCS 3960/12.2

    Amends the Illinois Health Facilities Planning Act. Provides that any written review or findings of the Board staff set forth in the State Board Staff Report concerning an application for a permit must be made available to the public and the applicant (currently, only the public) at least 14 calendar days before the meeting of the State Board at which the review or findings are considered. Provides that members of the public and the applicant (currently, only members of the public) shall have until 10 days before the meeting of the State Board to submit any written response concerning the Board staff's written review or findings. Provides that the State Board shall, among other powers and duties, elect a Vice Chairman to preside over State Board meetings and otherwise act in place of the Chairman when the Chairman is unavailable. Provides that State Board staff shall, among other powers and duties, issue advisory opinions upon request. Provides that staff advisory opinions do not constitute determinations by the State Board. Provides that determinations by the State Board are made through the declaratory ruling process. Effective immediately.


LRB101 09796 RJF 54897 b

 

 

A BILL FOR

 

SB1739LRB101 09796 RJF 54897 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 6, 12, and 12.2 as follows:
 
6    (20 ILCS 3960/6)  (from Ch. 111 1/2, par. 1156)
7    (Section scheduled to be repealed on December 31, 2029)
8    Sec. 6. Application for permit or exemption; exemption
9regulations.
10    (a) An application for a permit or exemption shall be made
11to the State Board upon forms provided by the State Board. This
12application shall contain such information as the State Board
13deems necessary. The State Board shall not require an applicant
14to file a Letter of Intent before an application is filed. Such
15application shall include affirmative evidence on which the
16State Board or Chairman may make its decision on the approval
17or denial of the permit or exemption.
18    (b) The State Board shall establish by regulation the
19procedures and requirements regarding issuance of exemptions.
20An exemption shall be approved when information required by the
21Board by rule is submitted. Projects eligible for an exemption,
22rather than a permit, include, but are not limited to, change
23of ownership of a health care facility, discontinuation of a

 

 

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1category of service, and discontinuation of a health care
2facility, other than a health care facility maintained by the
3State or any agency or department thereof or a nursing home
4maintained by a county. For a change of ownership of a health
5care facility, the State Board shall provide by rule for an
6expedited process for obtaining an exemption in accordance with
7Section 8.5 of this Act.
8    (c) All applications shall be signed by the applicant and
9shall be verified by any 2 officers thereof.
10    (c-5) Any written review or findings of the Board staff set
11forth in the State Board Staff Report concerning an application
12for a permit must be made available to the public and the
13applicant at least 14 calendar days before the meeting of the
14State Board at which the review or findings are considered. The
15applicant and members of the public may submit, to the State
16Board, written responses regarding the facts set forth in the
17review or findings of the Board staff. Members of the public
18and the applicant shall have until 10 days before the meeting
19of the State Board to submit any written response concerning
20the Board staff's written review or findings. The Board staff
21may revise any findings to address corrections of factual
22errors cited in the public response. At the meeting, the State
23Board may, in its discretion, permit the submission of other
24additional written materials.
25    (d) Upon receipt of an application for a permit, the State
26Board shall approve and authorize the issuance of a permit if

 

 

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1it finds (1) that the applicant is fit, willing, and able to
2provide a proper standard of health care service for the
3community with particular regard to the qualification,
4background and character of the applicant, (2) that economic
5feasibility is demonstrated in terms of effect on the existing
6and projected operating budget of the applicant and of the
7health care facility; in terms of the applicant's ability to
8establish and operate such facility in accordance with
9licensure regulations promulgated under pertinent state laws;
10and in terms of the projected impact on the total health care
11expenditures in the facility and community, (3) that safeguards
12are provided that assure that the establishment, construction
13or modification of the health care facility or acquisition of
14major medical equipment is consistent with the public interest,
15and (4) that the proposed project is consistent with the
16orderly and economic development of such facilities and
17equipment and is in accord with standards, criteria, or plans
18of need adopted and approved pursuant to the provisions of
19Section 12 of this Act.
20(Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18;
21100-681, eff. 8-3-18.)
 
22    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
23    (Section scheduled to be repealed on December 31, 2029)
24    Sec. 12. Powers and duties of State Board. For purposes of
25this Act, the State Board shall exercise the following powers

 

 

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

 

 

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

 

 

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1    members of such religious body or denomination may be
2    considered to be public need.
3    The health care facility plans which are developed and
4adopted in accordance with this Section shall form the basis
5for the plan of the State to deal most effectively with
6statewide health needs in regard to health care facilities.
7    (5) Coordinate with other state agencies having
8responsibilities affecting health care facilities, including
9those of licensure and cost reporting.
10    (6) Solicit, accept, hold and administer on behalf of the
11State any grants or bequests of money, securities or property
12for use by the State Board in the administration of this Act;
13and enter into contracts consistent with the appropriations for
14purposes enumerated in this Act.
15    (7) (Blank).
16    (8) Prescribe rules, regulations, standards, and criteria
17for the conduct of an expeditious review of applications for
18permits for projects of construction or modification of a
19health care facility, which projects are classified as
20emergency, substantive, or non-substantive in nature.
21    Substantive projects shall include no more than the
22following:
23        (a) Projects to construct (1) a new or replacement
24    facility located on a new site or (2) a replacement
25    facility located on the same site as the original facility
26    and the cost of the replacement facility exceeds the

 

 

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

 

 

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1deficiencies or hazardous conditions that may harm or injure
2persons using the facility, as defined in the rules and
3regulations of the State Board. This procedure is exempt from
4public hearing requirements of this Act.
5    (10) Prescribe rules, regulations, standards and criteria
6for the conduct of an expeditious review, not exceeding 60
7days, of applications for permits for projects to construct or
8modify health care facilities which are needed for the care and
9treatment of persons who have acquired immunodeficiency
10syndrome (AIDS) or related conditions.
11    (10.5) Provide its rationale when voting on an item before
12it at a State Board meeting in order to comply with subsection
13(b) of Section 3-108 of the Code of Civil Procedure.
14    (11) Issue written decisions upon request of the applicant
15or an adversely affected party to the Board. Requests for a
16written decision shall be made within 15 days after the Board
17meeting in which a final decision has been made. A "final
18decision" for purposes of this Act is the decision to approve
19or deny an application, or take other actions permitted under
20this Act, at the time and date of the meeting that such action
21is scheduled by the Board. The transcript of the State Board
22meeting shall be incorporated into the Board's final decision.
23The staff of the Board shall prepare a written copy of the
24final decision and the Board shall approve a final copy for
25inclusion in the formal record. The Board shall consider, for
26approval, the written draft of the final decision no later than

 

 

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1the next scheduled Board meeting. The written decision shall
2identify the applicable criteria and factors listed in this Act
3and the Board's regulations that were taken into consideration
4by the Board when coming to a final decision. If the Board
5denies or fails to approve an application for permit or
6exemption, the Board shall include in the final decision a
7detailed explanation as to why the application was denied and
8identify what specific criteria or standards the applicant did
9not fulfill.
10    (12) (Blank).
11    (13) Provide a mechanism for the public to comment on, and
12request changes to, draft rules and standards.
13    (14) Implement public information campaigns to regularly
14inform the general public about the opportunity for public
15hearings and public hearing procedures.
16    (15) Establish a separate set of rules and guidelines for
17long-term care that recognizes that nursing homes are a
18different business line and service model from other regulated
19facilities. An open and transparent process shall be developed
20that considers the following: how skilled nursing fits in the
21continuum of care with other care providers, modernization of
22nursing homes, establishment of more private rooms,
23development of alternative services, and current trends in
24long-term care services. The Chairman of the Board shall
25appoint a permanent Health Services Review Board Long-term Care
26Facility Advisory Subcommittee that shall develop and

 

 

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1recommend to the Board the rules to be established by the Board
2under this paragraph (15). The Subcommittee shall also provide
3continuous review and commentary on policies and procedures
4relative to long-term care and the review of related projects.
5The Subcommittee shall make recommendations to the Board no
6later than January 1, 2016 and every January thereafter
7pursuant to the Subcommittee's responsibility for the
8continuous review and commentary on policies and procedures
9relative to long-term care. In consultation with other experts
10from the health field of long-term care, the Board and the
11Subcommittee shall study new approaches to the current bed need
12formula and Health Service Area boundaries to encourage
13flexibility and innovation in design models reflective of the
14changing long-term care marketplace and consumer preferences
15and submit its recommendations to the Chairman of the Board no
16later than January 1, 2017. The Subcommittee shall evaluate,
17and make recommendations to the State Board regarding, the
18buying, selling, and exchange of beds between long-term care
19facilities within a specified geographic area or drive time.
20The Board shall file the proposed related administrative rules
21for the separate rules and guidelines for long-term care
22required by this paragraph (15) by no later than September 30,
232011. The Subcommittee shall be provided a reasonable and
24timely opportunity to review and comment on any review,
25revision, or updating of the criteria, standards, procedures,
26and rules used to evaluate project applications as provided

 

 

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1under Section 12.3 of this Act.
2    The Chairman of the Board shall appoint voting members of
3the Subcommittee, who shall serve for a period of 3 years, with
4one-third of the terms expiring each January, to be determined
5by lot. Appointees shall include, but not be limited to,
6recommendations from each of the 3 statewide long-term care
7associations, with an equal number to be appointed from each.
8Compliance with this provision shall be through the appointment
9and reappointment process. All appointees serving as of April
101, 2015 shall serve to the end of their term as determined by
11lot or until the appointee voluntarily resigns, whichever is
12earlier.
13    One representative from the Department of Public Health,
14the Department of Healthcare and Family Services, the
15Department on Aging, and the Department of Human Services may
16each serve as an ex-officio non-voting member of the
17Subcommittee. The Chairman of the Board shall select a
18Subcommittee Chair, who shall serve for a period of 3 years.
19    (16) Prescribe the format of the State Board Staff Report.
20A State Board Staff Report shall pertain to applications that
21include, but are not limited to, applications for permit or
22exemption, applications for permit renewal, applications for
23extension of the financial commitment period, applications
24requesting a declaratory ruling, or applications under the
25Health Care Worker Self-Referral Act. State Board Staff Reports
26shall compare applications to the relevant review criteria

 

 

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1under the Board's rules.
2    (17) Establish a separate set of rules and guidelines for
3facilities licensed under the Specialized Mental Health
4Rehabilitation Act of 2013. An application for the
5re-establishment of a facility in connection with the
6relocation of the facility shall not be granted unless the
7applicant has a contractual relationship with at least one
8hospital to provide emergency and inpatient mental health
9services required by facility consumers, and at least one
10community mental health agency to provide oversight and
11assistance to facility consumers while living in the facility,
12and appropriate services, including case management, to assist
13them to prepare for discharge and reside stably in the
14community thereafter. No new facilities licensed under the
15Specialized Mental Health Rehabilitation Act of 2013 shall be
16established after June 16, 2014 (the effective date of Public
17Act 98-651) except in connection with the relocation of an
18existing facility to a new location. An application for a new
19location shall not be approved unless there are adequate
20community services accessible to the consumers within a
21reasonable distance, or by use of public transportation, so as
22to facilitate the goal of achieving maximum individual
23self-care and independence. At no time shall the total number
24of authorized beds under this Act in facilities licensed under
25the Specialized Mental Health Rehabilitation Act of 2013 exceed
26the number of authorized beds on June 16, 2014 (the effective

 

 

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1date of Public Act 98-651).
2    (18) Elect a Vice Chairman to preside over State Board
3meetings and otherwise act in place of the Chairman when the
4Chairman is unavailable.
5(Source: P.A. 99-78, eff. 7-20-15; 99-114, eff. 7-23-15;
699-180, eff. 7-29-15; 99-277, eff. 8-5-15; 99-527, eff. 1-1-17;
799-642, eff. 7-28-16; 100-518, eff. 6-1-18; 100-681, eff.
88-3-18.)
 
9    (20 ILCS 3960/12.2)
10    (Section scheduled to be repealed on December 31, 2029)
11    Sec. 12.2. Powers of the State Board staff. For purposes of
12this Act, the staff shall exercise the following powers and
13duties:
14        (1) Review applications for permits and exemptions in
15    accordance with the standards, criteria, and plans of need
16    established by the State Board under this Act and certify
17    its finding to the State Board.
18        (1.5) Post the following on the Board's web site:
19    relevant (i) rules, (ii) standards, (iii) criteria, (iv)
20    State norms, (v) references used by Board staff in making
21    determinations about whether application criteria are met,
22    and (vi) notices of project-related filings, including
23    notice of public comments related to the application.
24        (2) Charge and collect an amount determined by the
25    State Board and the staff to be reasonable fees for the

 

 

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

 

 

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1        (3) Coordinate with other State agencies having
2    responsibilities affecting health care facilities,
3    including licensure and cost reporting agencies.
4        (4) Issue advisory opinions upon request. Staff
5    advisory opinions do not constitute determinations by the
6    State Board. Determinations by the State Board are made
7    through the declaratory ruling process.
8(Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.