97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3453

 

Introduced 2/24/2011, by Rep. Frank J. Mautino

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3960/3.5 new
20 ILCS 3960/14.1

    Amends the Illinois Health Facilities Planning Act. Provides that any project funded through any appropriation from the General Assembly for a facility licensed or to be licensed under the Nursing Home Care Act and operated by the Illinois Department of Veterans Affairs is exempt from the requirements set forth in the Act, except for specified notification requirements. In provisions concerning permit violations, provides that any fees, fines, or other debts assessed against the Illinois Department of Veterans Affairs before the effective date of the amendatory Act shall be considered satisfied beginning on the effective date of the amendatory Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 14.1 and by adding Section 3.5 as
6follows:
 
7    (20 ILCS 3960/3.5 new)
8    Sec. 3.5. Facilities operated by the Illinois Department of
9Veterans Affairs.
10    (a) Any project funded through any appropriation from the
11General Assembly for a facility licensed or to be licensed
12under the Nursing Home Care Act and operated by the Illinois
13Department of Veterans Affairs is exempt from the requirements
14of this Act, except for the requirements set forth in
15subsection (b) of this Section.
16    (b) The Illinois Department of Veterans Affairs must notify
17the Board in writing of any appropriation by the General
18Assembly for a facility licensed or to be licensed under the
19Nursing Home Care Act and operated by the Department. The
20Illinois Department of Veterans Affairs must include with the
21written notification the following information: (i) the
22estimated number of beds in the facility, (ii) the location of
23the project or the intended location if not identified by law,

 

 

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1and (iii) the date the facility is estimated to be opened. The
2Illinois Department of Veterans Affairs must also notify the
3Board in writing when the facility has been licensed in
4accordance with the Nursing Home Care Act.
 
5    (20 ILCS 3960/14.1)
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, or modification
15    of a health care facility without a permit or in violation
16    of the terms of a permit.
17        (3) The violation of any provision of this Act or any
18    rule adopted under this Act.
19        (4) The failure, by any person subject to this Act, to
20    provide information requested by the State Board or Agency
21    within 30 days after a formal written request for the
22    information.
23        (5) The failure to pay any fine imposed under this
24    Section within 30 days of its imposition.
25    (a-5) For facilities licensed under the MR/DD Community

 

 

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1Care Act, no permit shall be denied on the basis of prior
2operator history, other than for actions specified under item
3(2), (4), or (5) of Section 3-117 of the MR/DD Community Care
4Act. For facilities licensed under the Nursing Home Care Act,
5no permit shall be denied on the basis of prior operator
6history, other than for: (i) actions specified under item (2),
7(3), (4), (5), or (6) of Section 3-117 of the Nursing Home Care
8Act; (ii) actions specified under item (a)(6) of Section 3-119
9of the Nursing Home Care Act; or (iii) actions within the
10preceding 5 years constituting a substantial and repeated
11failure to comply with the Nursing Home Care Act or the rules
12and regulations adopted by the Department under that Act. The
13State Board shall not deny a permit on account of any action
14described in this subsection (a-5) without also considering all
15such actions in the light of all relevant information available
16to the State Board, including whether the permit is sought to
17substantially comply with a mandatory or voluntary plan of
18correction associated with any action described in this
19subsection (a-5).
20    (b) Persons shall be subject to fines as follows:
21        (1) A permit holder who fails to comply with the
22    requirements of maintaining a valid permit shall be fined
23    an amount not to exceed 1% of the approved permit amount
24    plus an additional 1% of the approved permit amount for
25    each 30-day period, or fraction thereof, that the violation
26    continues.

 

 

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1        (2) A permit holder who alters the scope of an approved
2    project or whose project costs exceed the allowable permit
3    amount without first obtaining approval from the State
4    Board shall be fined an amount not to exceed the sum of (i)
5    the lesser of $25,000 or 2% of the approved permit amount
6    and (ii) in those cases where the approved permit amount is
7    exceeded by more than $1,000,000, an additional $20,000 for
8    each $1,000,000, or fraction thereof, in excess of the
9    approved permit amount.
10        (3) A person who acquires major medical equipment or
11    who establishes a category of service without first
12    obtaining a permit or exemption, as the case may be, shall
13    be fined an amount not to exceed $10,000 for each such
14    acquisition or category of service established plus an
15    additional $10,000 for each 30-day period, or fraction
16    thereof, that the violation continues.
17        (4) A person who constructs, modifies, or establishes a
18    health care facility without first obtaining a permit shall
19    be fined an amount not to exceed $25,000 plus an additional
20    $25,000 for each 30-day period, or fraction thereof, that
21    the violation continues.
22        (5) A person who discontinues a health care facility or
23    a category of service without first obtaining a permit
24    shall be fined an amount not to exceed $10,000 plus an
25    additional $10,000 for each 30-day period, or fraction
26    thereof, that the violation continues. For purposes of this

 

 

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1    subparagraph (5), facilities licensed under the Nursing
2    Home Care Act or the MR/DD Community Care Act, with the
3    exceptions of facilities operated by a county or Illinois
4    Veterans Homes, are exempt from this permit requirement.
5    However, facilities licensed under the Nursing Home Care
6    Act or the MR/DD Community Care Act must comply with
7    Section 3-423 of the Nursing Home Care Act or Section 3-423
8    of the MR/DD Community Care Act and must provide the Board
9    with 30-days' written notice of its intent to close.
10        (6) A person subject to this Act who fails to provide
11    information requested by the State Board or Agency within
12    30 days of a formal written request shall be fined an
13    amount not to exceed $1,000 plus an additional $1,000 for
14    each 30-day period, or fraction thereof, that the
15    information is not received by the State Board or Agency.
16    (c) Before imposing any fine authorized under this Section,
17the State Board shall afford the person or permit holder, as
18the case may be, an appearance before the State Board and an
19opportunity for a hearing before a hearing officer appointed by
20the State Board. The hearing shall be conducted in accordance
21with Section 10.
22    (d) All fines collected under this Act shall be transmitted
23to the State Treasurer, who shall deposit them into the
24Illinois Health Facilities Planning Fund.
25    (e) Any fees, fines, or other debts assessed against the
26Illinois Department of Veterans Affairs under this Section

 

 

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1before the effective date of this amendatory Act of the 97th
2General Assembly shall be considered satisfied beginning on the
3effective date of this amendatory Act of the 97th General
4Assembly.
5(Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10;
696-1372, eff. 7-29-10.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.