103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3493

 

Introduced 2/9/2024, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/21 new

    Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter.


LRB103 36436 CES 69565 b

 

 

A BILL FOR

 

SB3493LRB103 36436 CES 69565 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Assisted Living and Shared Housing Act is
5amended by adding Section 21 as follows:
 
6    (210 ILCS 9/21 new)
7    Sec. 21. Facility plan review; fees.
8    (a) Before commencing construction of new facilities, or
9alteration or additions to an existing assisted living
10establishment or shared housing establishment involving major
11construction, as defined by rule by the Department, the
12applicant shall submit architectural drawings and
13specifications to the Department for review and approval. A
14facility shall submit architectural drawings and
15specifications for other construction projects for Department
16review according to subsection (b) that shall not be subject
17to fees under subsection (d). Review of drawings and
18specifications shall be conducted by an employee of the
19Department meeting the qualifications established by the
20Department of Central Management Services class specifications
21for such an individual's position or by a person contracting
22with the Department who meets those class specifications.
23Final approval of the drawings and specifications for

 

 

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1compliance with design and construction standards shall be
2obtained from the Department before the alteration, addition,
3or new construction begins.
4    (b) The Department shall inform an applicant in writing
5within 10 business days after receiving drawings and
6specifications, and the required fee, if any, from the
7applicant whether the applicant's submission is complete or
8incomplete. Failure to provide the applicant with this notice
9within 10 business days shall result in the submission being
10deemed complete for purposes of initiating the 60-day review
11period under this Section. If the submission is incomplete,
12the Department shall inform the applicant of the deficiencies
13with the submission in writing. If the submission is complete
14and the required fee, if any, has been paid, the Department
15shall approve or disapprove drawings and specifications
16submitted to the Department no later than 60-days after
17receipt by the Department. The drawings and specifications
18shall be of sufficient detail, as provided by Department rule,
19to enable the Department to render a determination of
20compliance with design and construction standards under this
21Act. If the Department finds that the drawings are not of
22sufficient detail for it to render a determination of
23compliance, the plans shall be determined to be incomplete and
24shall not be considered for purposes of initiating the 60-day
25review period. If a submission of drawings and specifications
26is incomplete, the applicant may submit additional

 

 

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1information. The 60-day review period shall not commence until
2the Department determines that a submission of drawings and
3specifications is complete or the submission is deemed
4complete under this subsection (b). If the Department has not
5approved or disapproved the drawings and specifications within
660 days after an application is complete or deemed complete,
7the construction, major alteration, or addition shall be
8deemed approved. If the drawings and specifications are
9disapproved, the Department shall state in writing, with
10specificity, the reasons for the disapproval. The entity
11submitting the drawings and specifications may submit
12additional information in response to the written comments
13from the Department or request a reconsideration of the
14disapproval. A final decision of approval or disapproval shall
15be made within 45 days after the receipt of the additional
16information or reconsideration request. If denied, the
17Department shall state the specific reasons for the denial.
18    (c) The Department shall provide written approval for
19occupancy under subsection (g).
20    (d) The Department shall charge the following fees in
21connection with the Department's reviews conducted after the
22effective date of this amendatory Act of the 103rd General
23Assembly under this Section:
24        (1) If the estimated dollar value of the alteration,
25    addition or new construction is $49,999.99 or less, no fee
26    is required.

 

 

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1        (2) If the estimated dollar value of the alteration,
2    addition, or new construction is more than $50,000 but
3    less than or equal to $500,000, the fee shall be the
4    greater of $3,000, $4,000, or 2.0% of that value.
5        (3) If the estimated dollar value of the alteration,
6    addition, or new construction is more than $500,000 but
7    less than or equal to $1,000,000, the fee shall be the
8    greater of $10,000 or 1.5% of that value.
9        (4) If the estimated dollar value of the alteration,
10    addition, or new construction is more than $1,000,000 but
11    less than or equal to $5,000,000, the fee shall be the
12    greater of $13,000 or 0.35% of that value.
13        (5) If the estimated dollar value of the alteration,
14    addition, or new construction is more than $5,000,000, the
15    fee shall be the greater of $15,000 or 0.175% of that
16    value, but shall not exceed $35,000.
17    The fees provided in this subsection (d) shall not apply
18to major construction projects involving facility changes that
19are required by Department rule amendments.
20    The Department shall not commence the facility plan review
21process under this Section until the applicable fee has been
22paid.
23    (e) All fees received by the Department under this Section
24shall be deposited into the Health Facility Plan Review Fund,
25a special fund created in the State treasury. Moneys shall be
26appropriated from that Fund to the Department only to pay the

 

 

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1costs of conducting reviews under this Section. All fees paid
2by assisted living establishments and shared housing
3establishments under subsection (d) shall be used only to
4cover the costs relating to the Department's review of
5assisted living establishment and shared housing establishment
6projects under this Section. None of the moneys in the Health
7Facility Plan Review Fund shall be used to reduce the amount of
8General Revenue Fund moneys appropriated to the Department for
9facility plan reviews conducted under this Section.
10    (f) The Department shall review the fee structure after 3
11years from the effective date of this amendatory Act of the
12103rd General Assembly, fees shall be increased or decreased
13to maintain the plan review program. Fee structure shall be
14re-evaluated every 5 years thereafter.
15     (g) The Department shall conduct an on-site inspection of
16the completed project no later than 30 business days after
17notification from the applicant that the project has been
18completed and all certifications required by the Department
19have been received and accepted by the Department. The
20Department shall provide written approval for occupancy to the
21applicant within 5 business days of the Department's final
22inspection, provided the applicant has demonstrated
23substantial compliance as defined by Department rule.
24Occupancy of new major construction is prohibited until
25Department approval is received, unless the Department has not
26acted within the time frames provided in this subsection (g),

 

 

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1in which case the construction shall be deemed approved.
2Occupancy shall be authorized after any required health
3inspection by the Department has been conducted.
4    (h) The Department shall establish, by rule, a procedure
5to conduct voluntary interim on-site review of large or
6complex construction projects for a fee of $3,000.00 per
7interim on-site review.
8    (i) The Department shall establish, by rule, an expedited
9process for emergency repairs or replacement of like
10equipment.
11    (j) Nothing in this Section shall be construed to apply to
12maintenance, upkeep, or renovation that does not affect the
13structural integrity of the building, does not add units or
14services over the number for which the facility is licensed,
15and provides a reasonable degree of safety for the residents.