HB3453 97TH GENERAL ASSEMBLY

LRB097 06020 RLJ 46091 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Health Facilities Planning Act is amended by changing Section 14.1 and by adding Section 3.5 as follows:

(20 ILCS 3960/3.5 new)

Sec. 3.5. Facilities operated by the Illinois Department of Veterans Affairs.

(a) 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 of this Act, except for the requirements set forth in subsection (b) of this Section.

(b) The Illinois Department of Veterans Affairs must notify the Board in writing of any appropriation by the General Assembly for a facility licensed or to be licensed under the Nursing Home Care Act and operated by the Department. The Illinois Department of Veterans Affairs must include with the written notification the following information: (i) the estimated number of beds in the facility, (ii) the location of the project or the intended location if not identified by law, and (iii) the date the facility is estimated to be opened. The Illinois Department of Veterans Affairs must also notify the Board in writing when the facility has been licensed in accordance with the Nursing Home Care Act.

(20 ILCS 3960/14.1)

Sec. 14.1. Denial of permit; other sanctions.

(a) The State Board may deny an application for a permit or may revoke or take other action as permitted by this Act with regard to a permit as the State Board deems appropriate, including the imposition of fines as set forth in this Section, for any one or a combination of the following:

(1) The acquisition of major medical equipment without a permit or in violation of the terms of a permit.

(2) The establishment, construction, or modification of a health care facility without a permit or in violation of the terms of a permit.

(3) The violation of any provision of this Act or any rule adopted under this Act.

(4) The failure, by any person subject to this Act, to provide information requested by the State Board or Agency within 30 days after a formal written request for the information.

(5) The failure to pay any fine imposed under this Section within 30 days of its imposition.

(a-5) For facilities licensed under the MR/DD Community Care Act, no permit shall be denied on the basis of prior operator history, other than for actions specified under item (2), (4), or (5) of Section 3-117 of the MR/DD Community Care Act. For facilities licensed under the Nursing Home Care Act, no permit shall be denied on the basis of prior operator history, other than for: (i) actions specified under item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing Home Care Act; (ii) actions specified under item (a)(6) of Section 3-119 of the Nursing Home Care Act; or (iii) actions within the preceding 5 years constituting a substantial and repeated failure to comply with the Nursing Home Care Act or the rules and regulations adopted by the Department under that Act. The State Board shall not deny a permit on account of any action described in this subsection (a-5) without also considering all such actions in the light of all relevant information available to the State Board, including whether the permit is sought to substantially comply with a mandatory or voluntary plan of correction associated with any action described in this subsection (a-5).

(b) Persons shall be subject to fines as follows:

(1) A permit holder who fails to comply with the requirements of maintaining a valid permit shall be fined an amount not to exceed 1% of the approved permit amount plus an additional 1% of the approved permit amount for each 30-day period, or fraction thereof, that the violation continues.

(2) A permit holder who alters the scope of an approved project or whose project costs exceed the allowable permit amount without first obtaining approval from the State Board shall be fined an amount not to exceed the sum of (i) the lesser of $25,000 or 2% of the approved permit amount and (ii) in those cases where the approved permit amount is exceeded by more than $1,000,000, an additional $20,000 for each $1,000,000, or fraction thereof, in excess of the approved permit amount.

(3) A person who acquires major medical equipment or who establishes a category of service without first obtaining a permit or exemption, as the case may be, shall be fined an amount not to exceed $10,000 for each such acquisition or category of service established plus an additional $10,000 for each 30-day period, or fraction thereof, that the violation continues.

(4) A person who constructs, modifies, or establishes a health care facility without first obtaining a permit shall be fined an amount not to exceed $25,000 plus an additional $25,000 for each 30-day period, or fraction thereof, that the violation continues.

(5) A person who discontinues a health care facility or a category of service without first obtaining a permit shall be fined an amount not to exceed $10,000 plus an additional $10,000 for each 30-day period, or fraction thereof, that the violation continues. For purposes of this subparagraph (5), facilities licensed under the Nursing Home Care Act or the MR/DD Community Care Act, with the exceptions of facilities operated by a county or Illinois Veterans Homes, are exempt from this permit requirement. However, facilities licensed under the Nursing Home Care Act or the MR/DD Community Care Act must comply with Section 3-423 of the Nursing Home Care Act or Section 3-423 of the MR/DD Community Care Act and must provide the Board with 30-days' written notice of its intent to close.

(6) A person subject to this Act who fails to provide information requested by the State Board or Agency within 30 days of a formal written request shall be fined an amount not to exceed $1,000 plus an additional $1,000 for each 30-day period, or fraction thereof, that the information is not received by the State Board or Agency.

(c) Before imposing any fine authorized under this Section, the State Board shall afford the person or permit holder, as the case may be, an appearance before the State Board and an opportunity for a hearing before a hearing officer appointed by the State Board. The hearing shall be conducted in accordance with Section 10.

(d) All fines collected under this Act shall be transmitted to the State Treasurer, who shall deposit them into the Illinois Health Facilities Planning Fund.

(e) Any fees, fines, or other debts assessed against the Illinois Department of Veterans Affairs under this Section before the effective date of this amendatory Act of the 97th General Assembly shall be considered satisfied beginning on the effective date of this amendatory Act of the 97th General Assembly.

(Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10.)

Section 99. Effective date. This Act takes effect upon becoming law.