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Public Act 92-0563
SB2004 Enrolled LRB9213317ACcdA
AN ACT concerning health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospital Licensing Act is amended by
changing Section 8 as follows:
(210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
Sec. 8. Facility plan review; fees.
(a) Before commencing construction of new facilities or
specified types of alteration or additions to an existing
hospital involving major construction, as defined by rule by
the Department, with an estimated cost greater than $100,000,
architectural plans and specifications therefor shall be
submitted by the licensee to the Department for review and
approval. A hospital may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject
to fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class
specifications for such an individual's position or by a
person contracting with the Department who meets those class
specifications. Final approval of the plans and
specifications for compliance with design and construction
standards shall be obtained from the Department before the
alteration, addition, or new construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this
notice within 10 working days shall result in the submission
being deemed complete for purposes of initiating the 60-day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the
submission is complete and the required fee, if any, has been
paid, the Department shall approve or disapprove drawings and
specifications submitted to the Department no later than 60
days following receipt by the Department. The drawings and
specifications shall be of sufficient detail, as provided by
Department rule, to enable the Department to render a
determination of compliance with design and construction
standards under this Act. If the Department finds that the
drawings are not of sufficient detail for it to render a
determination of compliance, the plans shall be determined to
be incomplete and shall not be considered for purposes of
initiating the 60 day review period. If a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60-day review period
shall not commence until the Department determines that a
submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications
within 60 days, the construction, major alteration, or
addition shall be deemed approved. If the drawings and
specifications are disapproved, the Department shall state in
writing, with specificity, the reasons for the disapproval.
The entity submitting the drawings and specifications may
submit additional information in response to the written
comments from the Department or request a reconsideration of
the disapproval. A final decision of approval or disapproval
shall be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or
complaint survey based upon the facility's physical structure
if:
(1) the Department reviewed and approved or deemed
approved the drawing and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since
the original approval; and
(4) the conditions at the facility indicate that
there is a reasonable degree of safety provided for the
patients.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the major
alteration, addition, or new construction is greater
$100,000 or more but less than $500,000, the fee shall be
established by the Department pursuant to rules that
reflect the reasonable and direct cost of the Department
in conducting the architectural reviews required under
this Section. The estimated dollar value of the major
construction subject to review under this Section shall
be annually readjusted to reflect the increase in
construction costs due to inflation the greater of $2,400
or 1.2% of that value.
(4) If the estimated dollar value of the
alteration, addition, or new construction is $500,000 or
more but less than $1,000,000, the fee shall be the
greater of $6,000 or 0.96% of that value.
(5) If the estimated dollar value of the
alteration, addition, or new construction is $1,000,000
or more but less than $5,000,000, the fee shall be the
greater of $9,600 or 0.22% of that value.
(6) If the estimated dollar value of the
alteration, addition, or new construction is $5,000,000
or more, the fee shall be the greater of $11,000 or 0.11%
of that value, but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes
that are required by Department rule amendments.
The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
The Department shall not commence the facility plan
review process under this Section until the applicable fee
has been paid.
(e) All fees received by the Department under this
Section shall be deposited into the Health Facility Plan
Review Fund, a special fund created in the State treasury.
All fees paid by hospitals under subsection (d) shall be used
only to cover the direct and reasonable costs relating to the
Department's review of hospital projects under this Section.
Moneys shall be appropriated from that Fund to the Department
only to pay the costs of conducting reviews under this
Section. None of the moneys in the Health Facility Plan
Review Fund shall be used to reduce the amount of General
Revenue Fund moneys appropriated to the Department for
facility plan reviews conducted pursuant to this Section.
(f) (Blank). (1) The provisions of this amendatory Act
of 1997 concerning drawings and specifications shall
apply only to drawings and specifications submitted to
the Department on or after October 1, 1997.
(2) On and after the effective date of this
amendatory Act of 1997 and before October 1, 1997, an
applicant may submit or resubmit drawings and
specifications to the Department and pay the fees
provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2),
the provisions of subsection (b) shall apply with regard
to those drawings and specifications.
(g) The Department shall conduct an on-site inspection
of the completed project no later than 30 days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department. The
Department shall provide written approval for occupancy to
the applicant within 5 working days of the Department's final
inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until
Department approval is received, unless the Department has
not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved.
Occupancy shall be authorized after any required health
inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(i) The Department shall establish, by rule, an
expedited process for emergency repairs or replacement of
like equipment.
(j) Nothing in this Section shall be construed to apply
to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not add beds
or services over the number for which the facility is
licensed, and provides a reasonable degree of safety for the
patients.
(Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98;
91-712, eff. 7-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 17, 2002.
Approved June 24, 2002.
Effective June 24, 2002.
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