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91_SB0473
LRB9103686LDmb
1 AN ACT concerning health care facilities, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Ambulatory Surgical Treatment Center Act
6 is amended by changing Section 8 as follows:
7 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
8 Sec. 8. Facility plan review; fees.
9 (a) Before commencing construction of new facilities or
10 specified types of alteration or additions to an existing
11 ambulatory surgical treatment center involving major
12 construction, as defined by rule by the Department, with an
13 estimated cost greater than $100,000, architectural drawings
14 and specifications therefor shall be submitted to the
15 Department for review and approval. A facility may submit
16 architectural drawings and specifications for other
17 construction projects for Department review according to
18 subsection (b) that shall not be subject to fees under
19 subsection (d). Review of drawings and specifications shall
20 be conducted by an employee of the Department meeting the
21 qualifications established by the Department of Central
22 Management Services class specifications for such an
23 individual's position or by a person contracting with the
24 Department who meets those class specifications. Final
25 approval of the drawings and specifications for compliance
26 with design and construction standards shall be obtained from
27 the Department before the alteration, addition, or new
28 construction is begun.
29 (b) The Department shall inform an applicant in writing
30 within 10 working days after receiving drawings and
31 specifications and the required fee, if any, from the
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1 applicant whether the applicant's submission is complete or
2 incomplete. Failure to provide the applicant with this
3 notice within 10 working days shall result in the submission
4 being deemed complete for purposes of initiating the 60-day
5 review period under this Section. If the submission is
6 incomplete, the Department shall inform the applicant of the
7 deficiencies with the submission in writing. If the
8 submission is complete and the required fee, if any, has been
9 paid, the Department shall approve or disapprove drawings and
10 specifications submitted to the Department no later than 60
11 days following receipt by the Department. The drawings and
12 specifications shall be of sufficient detail, as provided by
13 Department rule, to enable the Department to render a
14 determination of compliance with design and construction
15 standards under this Act. If the Department finds that the
16 drawings are not of sufficient detail for it to render a
17 determination of compliance, the plans shall be determined to
18 be incomplete and shall not be considered for purposes of
19 initiating the 60 day review period. If a submission of
20 drawings and specifications is incomplete, the applicant may
21 submit additional information. The 60-day review period
22 shall not commence until the Department determines that a
23 submission of drawings and specifications is complete or the
24 submission is deemed complete. If the Department has not
25 approved or disapproved the drawings and specifications
26 within 60 days, the construction, major alteration, or
27 addition shall be deemed approved. If the drawings and
28 specifications are disapproved, the Department shall state in
29 writing, with specificity, the reasons for the disapproval.
30 The entity submitting the drawings and specifications may
31 submit additional information in response to the written
32 comments from the Department or request a reconsideration of
33 the disapproval. A final decision of approval or disapproval
34 shall be made within 45 days of the receipt of the additional
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1 information or reconsideration request. If denied, the
2 Department shall state the specific reasons for the denial.
3 (c) The Department shall provide written approval for
4 occupancy pursuant to subsection (g) and shall not issue a
5 violation to a facility as a result of a licensure or
6 complaint survey based upon the facility's physical structure
7 if:
8 (1) the Department reviewed and approved or deemed
9 approved the drawings and specifications for compliance
10 with design and construction standards;
11 (2) the construction, major alteration, or addition
12 was built as submitted;
13 (3) the law or rules have not been amended since
14 the original approval; and
15 (4) the conditions at the facility indicate that
16 there is a reasonable degree of safety provided for the
17 patients.
18 (d) (Blank). The Department shall charge the following
19 fees in connection with its reviews conducted before June 30,
20 2000 under this Section:
21 (1) (Blank).
22 (2) (Blank).
23 (3) If the estimated dollar value of the
24 alteration, addition, or new construction is $100,000 or
25 more but less than $500,000, the fee shall be the greater
26 of $2,400 or 1.2% of that value.
27 (4) If the estimated dollar value of the
28 alteration, addition, or new construction is $500,000 or
29 more but less than $1,000,000, the fee shall be the
30 greater of $6,000 or 0.96% of that value.
31 (5) If the estimated dollar value of the
32 alteration, addition, or new construction is $1,000,000
33 or more but less than $5,000,000, the fee shall be the
34 greater of $9,600 or 0.22% of that value.
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1 (6) If the estimated dollar value of the
2 alteration, addition, or new construction is $5,000,000
3 or more, the fee shall be the greater of $11,000 or 0.11%
4 of that value, but shall not exceed $40,000.
5 The fees provided in this subsection (d) shall not apply
6 to major construction projects involving facility changes
7 that are required by Department rule amendments.
8 The fees provided in this subsection (d) shall also not
9 apply to major construction projects if 51% or more of the
10 estimated cost of the project is attributed to capital
11 equipment. For major construction projects where 51% or more
12 of the estimated cost of the project is attributed to capital
13 equipment, the Department shall by rule establish a fee that
14 is reasonably related to the cost of reviewing the project.
15 The Department shall not commence the facility plan
16 review process under this Section until the applicable fee
17 has been paid.
18 (e) (Blank). All fees received by the Department under
19 this Section shall be deposited into the Health Facility Plan
20 Review Fund, a special fund created in the State Treasury.
21 Moneys shall be appropriated from that Fund to the Department
22 only to pay the costs of conducting reviews under this
23 Section. All fees paid by ambulatory surgical treatment
24 centers under subsection (d) shall be used only to cover the
25 costs relating to the Department's review of ambulatory
26 surgical treatment center projects under this Section. None
27 of the moneys in the Health Facility Plan Review Fund shall
28 be used to reduce the amount of General Revenue Fund moneys
29 appropriated to the Department for facility plan reviews
30 conducted pursuant to this Section.
31 (f) (1) (Blank). The provisions of this amendatory Act
32 of 1997 concerning drawings and specifications shall
33 apply only to drawings and specifications submitted to
34 the Department on or after October 1, 1997.
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1 (2) On and after the effective date of this
2 amendatory Act of 1997 and before October 1, 1997, an
3 applicant may submit or resubmit drawings and
4 specifications to the Department and pay the fees
5 provided in subsection (d). If an applicant pays the
6 fees provided in subsection (d) under this paragraph (2),
7 the provisions of subsection (b) shall apply with regard
8 to those drawings and specifications.
9 (g) The Department shall conduct an on-site inspection
10 of the completed project no later than 30 days after
11 notification from the applicant that the project has been
12 completed and all certifications required by the Department
13 have been received and accepted by the Department. The
14 Department shall provide written approval for occupancy to
15 the applicant within 5 working days of the Department's final
16 inspection, provided the applicant has demonstrated
17 substantial compliance as defined by Department rule.
18 Occupancy of new major construction is prohibited until
19 Department approval is received, unless the Department has
20 not acted within the time frames provided in this subsection
21 (g), in which case the construction shall be deemed approved.
22 Occupancy shall be authorized after any required health
23 inspection by the Department has been conducted.
24 (h) The Department shall establish, by rule, a procedure
25 to conduct interim on-site review of large or complex
26 construction projects.
27 (i) The Department shall establish, by rule, an
28 expedited process for emergency repairs or replacement of
29 like equipment.
30 (j) Nothing in this Section shall be construed to apply
31 to maintenance, upkeep, or renovation that does not affect
32 the structural integrity of the building, does not add beds
33 or services over the number for which the facility is
34 licensed, and provides a reasonable degree of safety for the
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1 patients.
2 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
3 Section 10. The Nursing Home Care Act is amended by
4 changing Section 3-202.5 as follows:
5 (210 ILCS 45/3-202.5)
6 Sec. 3-202.5. Facility plan review; fees.
7 (a) Before commencing construction of a new facility or
8 specified types of alteration or additions to an existing
9 long term care facility involving major construction, as
10 defined by rule by the Department, with an estimated cost
11 greater than $100,000, architectural drawings and
12 specifications for the facility shall be submitted to the
13 Department for review and approval. A facility may submit
14 architectural drawings and specifications for other
15 construction projects for Department review according to
16 subsection (b) that shall not be subject to fees under
17 subsection (d). Review of drawings and specifications shall
18 be conducted by an employee of the Department meeting the
19 qualifications established by the Department of Central
20 Management Services class specifications for such an
21 individual's position or by a person contracting with the
22 Department who meets those class specifications. Final
23 approval of the drawings and specifications for compliance
24 with design and construction standards shall be obtained from
25 the Department before the alteration, addition, or new
26 construction is begun.
27 (b) The Department shall inform an applicant in writing
28 within 10 working days after receiving drawings and
29 specifications and the required fee, if any, from the
30 applicant whether the applicant's submission is complete or
31 incomplete. Failure to provide the applicant with this
32 notice within 10 working days shall result in the submission
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1 being deemed complete for purposes of initiating the 60-day
2 review period under this Section. If the submission is
3 incomplete, the Department shall inform the applicant of the
4 deficiencies with the submission in writing. If the
5 submission is complete the required fee, if any, has been
6 paid, the Department shall approve or disapprove drawings and
7 specifications submitted to the Department no later than 60
8 days following receipt by the Department. The drawings and
9 specifications shall be of sufficient detail, as provided by
10 Department rule, to enable the Department to render a
11 determination of compliance with design and construction
12 standards under this Act. If the Department finds that the
13 drawings are not of sufficient detail for it to render a
14 determination of compliance, the plans shall be determined to
15 be incomplete and shall not be considered for purposes of
16 initiating the 60 day review period. If a submission of
17 drawings and specifications is incomplete, the applicant may
18 submit additional information. The 60-day review period
19 shall not commence until the Department determines that a
20 submission of drawings and specifications is complete or the
21 submission is deemed complete. If the Department has not
22 approved or disapproved the drawings and specifications
23 within 60 days, the construction, major alteration, or
24 addition shall be deemed approved. If the drawings and
25 specifications are disapproved, the Department shall state in
26 writing, with specificity, the reasons for the disapproval.
27 The entity submitting the drawings and specifications may
28 submit additional information in response to the written
29 comments from the Department or request a reconsideration of
30 the disapproval. A final decision of approval or disapproval
31 shall be made within 45 days of the receipt of the additional
32 information or reconsideration request. If denied, the
33 Department shall state the specific reasons for the denial.
34 (c) The Department shall provide written approval for
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1 occupancy pursuant to subsection (g) and shall not issue a
2 violation to a facility as a result of a licensure or
3 complaint survey based upon the facility's physical structure
4 if:
5 (1) the Department reviewed and approved or deemed
6 approved the drawings and specifications for compliance
7 with design and construction standards;
8 (2) the construction, major alteration, or addition
9 was built as submitted;
10 (3) the law or rules have not been amended since
11 the original approval; and
12 (4) the conditions at the facility indicate that
13 there is a reasonable degree of safety provided for the
14 residents.
15 (d) (Blank). The Department shall charge the following
16 fees in connection with its reviews conducted before June 30,
17 2000 under this Section:
18 (1) (Blank).
19 (2) (Blank).
20 (3) If the estimated dollar value of the
21 alteration, addition, or new construction is $100,000 or
22 more but less than $500,000, the fee shall be the greater
23 of $2,400 or 1.2% of that value.
24 (4) If the estimated dollar value of the
25 alteration, addition, or new construction is $500,000 or
26 more but less than $1,000,000, the fee shall be the
27 greater of $6,000 or 0.96% of that value.
28 (5) If the estimated dollar value of the
29 alteration, addition, or new construction is $1,000,000
30 or more but less than $5,000,000, the fee shall be the
31 greater of $9,600 or 0.22% of that value.
32 (6) If the estimated dollar value of the
33 alteration, addition, or new construction is $5,000,000
34 or more, the fee shall be the greater of $11,000 or 0.11%
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1 of that value, but shall not exceed $40,000.
2 The fees provided in this subsection (d) shall not apply
3 to major construction projects involving facility changes
4 that are required by Department rule amendments.
5 The fees provided in this subsection (d) shall also not
6 apply to major construction projects if 51% or more of the
7 estimated cost of the project is attributed to capital
8 equipment. For major construction projects where 51% or more
9 of the estimated cost of the project is attributed to capital
10 equipment, the Department shall by rule establish a fee that
11 is reasonably related to the cost of reviewing the project.
12 The Department shall not commence the facility plan
13 review process under this Section until the applicable fee
14 has been paid.
15 (e) (Blank). All fees received by the Department under
16 this Section shall be deposited into the Health Facility Plan
17 Review Fund, a special fund created in the State Treasury.
18 All fees paid by long-term care facilities under subsection
19 (d) shall be used only to cover the costs relating to the
20 Department's review of long-term care facility projects under
21 this Section. Moneys shall be appropriated from that Fund to
22 the Department only to pay the costs of conducting reviews
23 under this Section. None of the moneys in the Health Facility
24 Plan Review Fund shall be used to reduce the amount of
25 General Revenue Fund moneys appropriated to the Department
26 for facility plan reviews conducted pursuant to this Section.
27 (1) (Blank). The provisions of this amendatory Act
29 of 1997 concerning drawings and specifications shall
30 apply only to drawings and specifications submitted to
31 the Department on or after October 1, 1997.
32 (2) On and after the effective date of this
33 amendatory Act of 1997 and before October 1, 1997, an
34 applicant may submit or resubmit drawings and
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1 specifications to the Department and pay the fees
2 provided in subsection (d). If an applicant pays the
3 fees provided in subsection (d) under this paragraph (2),
4 the provisions of subsection (b) shall apply with regard
5 to those drawings and specifications.
6 (g) The Department shall conduct an on-site inspection
7 of the completed project no later than 30 days after
8 notification from the applicant that the project has been
9 completed and all certifications required by the Department
10 have been received and accepted by the Department. The
11 Department shall provide written approval for occupancy to
12 the applicant within 5 working days of the Department's final
13 inspection, provided the applicant has demonstrated
14 substantial compliance as defined by Department rule.
15 Occupancy of new major construction is prohibited until
16 Department approval is received, unless the Department has
17 not acted within the time frames provided in this subsection
18 (g), in which case the construction shall be deemed approved.
19 Occupancy shall be authorized after any required health
20 inspection by the Department has been conducted.
21 (h) The Department shall establish, by rule, a procedure
22 to conduct interim on-site review of large or complex
23 construction projects.
24 (i) The Department shall establish, by rule, an
25 expedited process for emergency repairs or replacement of
26 like equipment.
27 (j) Nothing in this Section shall be construed to apply
28 to maintenance, upkeep, or renovation that does not affect
29 the structural integrity of the building, does not add beds
30 or services over the number for which the long-term care
31 facility is licensed, and provides a reasonable degree of
32 safety for the residents.
33 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
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1 Section 15. The Hospital Licensing Act is amended by
2 changing Section 8 as follows:
3 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
4 Sec. 8. Facility plan review; fees.
5 (a) Before commencing construction of new facilities or
6 specified types of alteration or additions to an existing
7 hospital involving major construction, as defined by rule by
8 the Department, with an estimated cost greater than $100,000,
9 architectural plans and specifications therefor shall be
10 submitted by the licensee to the Department for review and
11 approval. A hospital may submit architectural drawings and
12 specifications for other construction projects for Department
13 review according to subsection (b) that shall not be subject
14 to fees under subsection (d). Review of drawings and
15 specifications shall be conducted by an employee of the
16 Department meeting the qualifications established by the
17 Department of Central Management Services class
18 specifications for such an individual's position or by a
19 person contracting with the Department who meets those class
20 specifications. Final approval of the plans and
21 specifications for compliance with design and construction
22 standards shall be obtained from the Department before the
23 alteration, addition, or new construction is begun.
24 (b) The Department shall inform an applicant in writing
25 within 10 working days after receiving drawings and
26 specifications and the required fee, if any, from the
27 applicant whether the applicant's submission is complete or
28 incomplete. Failure to provide the applicant with this
29 notice within 10 working days shall result in the submission
30 being deemed complete for purposes of initiating the 60-day
31 review period under this Section. If the submission is
32 incomplete, the Department shall inform the applicant of the
33 deficiencies with the submission in writing. If the
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1 submission is complete and the required fee, if any, has been
2 paid, the Department shall approve or disapprove drawings and
3 specifications submitted to the Department no later than 60
4 days following receipt by the Department. The drawings and
5 specifications shall be of sufficient detail, as provided by
6 Department rule, to enable the Department to render a
7 determination of compliance with design and construction
8 standards under this Act. If the Department finds that the
9 drawings are not of sufficient detail for it to render a
10 determination of compliance, the plans shall be determined to
11 be incomplete and shall not be considered for purposes of
12 initiating the 60 day review period. If a submission of
13 drawings and specifications is incomplete, the applicant may
14 submit additional information. The 60-day review period
15 shall not commence until the Department determines that a
16 submission of drawings and specifications is complete or the
17 submission is deemed complete. If the Department has not
18 approved or disapproved the drawings and specifications
19 within 60 days, the construction, major alteration, or
20 addition shall be deemed approved. If the drawings and
21 specifications are disapproved, the Department shall state in
22 writing, with specificity, the reasons for the disapproval.
23 The entity submitting the drawings and specifications may
24 submit additional information in response to the written
25 comments from the Department or request a reconsideration of
26 the disapproval. A final decision of approval or disapproval
27 shall be made within 45 days of the receipt of the additional
28 information or reconsideration request. If denied, the
29 Department shall state the specific reasons for the denial.
30 (c) The Department shall provide written approval for
31 occupancy pursuant to subsection (g) and shall not issue a
32 violation to a facility as a result of a licensure or
33 complaint survey based upon the facility's physical structure
34 if:
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1 (1) the Department reviewed and approved or deemed
2 approved the drawing and specifications for compliance
3 with design and construction standards;
4 (2) the construction, major alteration, or addition
5 was built as submitted;
6 (3) the law or rules have not been amended since
7 the original approval; and
8 (4) the conditions at the facility indicate that
9 there is a reasonable degree of safety provided for the
10 patients.
11 (d) (Blank). The Department shall charge the following
12 fees in connection with its reviews conducted before June 30,
13 2000 under this Section:
14 (1) (Blank).
15 (2) (Blank).
16 (3) If the estimated dollar value of the
17 alteration, addition, or new construction is $100,000 or
18 more but less than $500,000, the fee shall be the greater
19 of $2,400 or 1.2% of that value.
20 (4) If the estimated dollar value of the
21 alteration, addition, or new construction is $500,000 or
22 more but less than $1,000,000, the fee shall be the
23 greater of $6,000 or 0.96% of that value.
24 (5) If the estimated dollar value of the
25 alteration, addition, or new construction is $1,000,000
26 or more but less than $5,000,000, the fee shall be the
27 greater of $9,600 or 0.22% of that value.
28 (6) If the estimated dollar value of the
29 alteration, addition, or new construction is $5,000,000
30 or more, the fee shall be the greater of $11,000 or 0.11%
31 of that value, but shall not exceed $40,000.
32 The fees provided in this subsection (d) shall not apply
33 to major construction projects involving facility changes
34 that are required by Department rule amendments.
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1 The fees provided in this subsection (d) shall also not
2 apply to major construction projects if 51% or more of the
3 estimated cost of the project is attributed to capital
4 equipment. For major construction projects where 51% or more
5 of the estimated cost of the project is attributed to capital
6 equipment, the Department shall by rule establish a fee that
7 is reasonably related to the cost of reviewing the project.
8 The Department shall not commence the facility plan
9 review process under this Section until the applicable fee
10 has been paid.
11 (e) (Blank). All fees received by the Department under
12 this Section shall be deposited into the Health Facility Plan
13 Review Fund, a special fund created in the State treasury.
14 All fees paid by hospitals under subsection (d) shall be used
15 only to cover the costs relating to the Department's review
16 of hospital projects under this Section. Moneys shall be
17 appropriated from that Fund to the Department only to pay the
18 costs of conducting reviews under this Section. None of the
19 moneys in the Health Facility Plan Review Fund shall be used
20 to reduce the amount of General Revenue Fund moneys
21 appropriated to the Department for facility plan reviews
22 conducted pursuant to this Section.
23 (f) (1) (Blank). The provisions of this amendatory Act
24 of 1997 concerning drawings and specifications shall
25 apply only to drawings and specifications submitted to
26 the Department on or after October 1, 1997.
27 (2) On and after the effective date of this
28 amendatory Act of 1997 and before October 1, 1997, an
29 applicant may submit or resubmit drawings and
30 specifications to the Department and pay the fees
31 provided in subsection (d). If an applicant pays the
32 fees provided in subsection (d) under this paragraph (2),
33 the provisions of subsection (b) shall apply with regard
34 to those drawings and specifications.
-15- LRB9103686LDmb
1 (g) The Department shall conduct an on-site inspection
2 of the completed project no later than 30 days after
3 notification from the applicant that the project has been
4 completed and all certifications required by the Department
5 have been received and accepted by the Department. The
6 Department shall provide written approval for occupancy to
7 the applicant within 5 working days of the Department's final
8 inspection, provided the applicant has demonstrated
9 substantial compliance as defined by Department rule.
10 Occupancy of new major construction is prohibited until
11 Department approval is received, unless the Department has
12 not acted within the time frames provided in this subsection
13 (g), in which case the construction shall be deemed approved.
14 Occupancy shall be authorized after any required health
15 inspection by the Department has been conducted.
16 (h) The Department shall establish, by rule, a procedure
17 to conduct interim on-site review of large or complex
18 construction projects.
19 (i) The Department shall establish, by rule, an
20 expedited process for emergency repairs or replacement of
21 like equipment.
22 (j) Nothing in this Section shall be construed to apply
23 to maintenance, upkeep, or renovation that does not affect
24 the structural integrity of the building, does not add beds
25 or services over the number for which the facility is
26 licensed, and provides a reasonable degree of safety for the
27 patients.
28 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.