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Public Act 92-0803
HB6041 Enrolled LRB9212704ACpk
AN ACT in relation to health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-560 as follows:
(20 ILCS 2310/2310-560) (was 20 ILCS 2310/55.87)
Sec. 2310-560. Advisory committees committee concerning
construction of facilities.
(a) The Director shall appoint an advisory committee.
The committee shall be established by the Department by rule.
The Director and the Department shall consult with the
advisory committee concerning the application of building
codes and Department rules related to those building codes to
facilities under the Ambulatory Surgical Treatment Center Act
and, the Nursing Home Care Act, and the Hospital Licensing
Act.
(b) The Director shall appoint an advisory committee to
advise the Department and to conduct informal dispute
resolution concerning the application of building codes for
new and existing construction and related Department rules
and standards under the Hospital Licensing Act, including
without limitation rules and standards for (i) design and
construction, (ii) engineering and maintenance of the
physical plant, site, equipment, and systems (heating,
cooling, electrical, ventilation, plumbing, water, sewer, and
solid waste disposal), and (iii) fire and safety. The
advisory committee shall be composed of all of the following
members:
(1) The chairperson or an elected representative
from the Hospital Licensing Board under the Hospital
Licensing Act.
(2) Two health care architects with a minimum of 10
years of experience in institutional design and building
code analysis.
(3) Two engineering professionals (one mechanical
and one electrical) with a minimum of 10 years of
experience in institutional design and building code
analysis.
(4) One commercial interior design professional
with a minimum of 10 years of experience.
(5) Two representatives from provider associations.
(6) The Director or his or her designee, who shall
serve as the committee moderator.
Appointments shall be made with the concurrence of the
Hospital Licensing Board. The committee shall submit
recommendations concerning the application of building codes
and related Department rules and standards to the Hospital
Licensing Board for review and comment prior to submission to
the Department. The committee shall submit recommendations
concerning informal dispute resolution to the Director. The
Department shall provide per diem and travel expenses to the
committee members.
(Source: P.A. 90-327, eff. 8-8-97; 90-655, eff. 7-30-98;
91-239, eff. 1-1-00.)
Section 3. The Illinois Building Commission Act is
amended by changing Sections 5, 25, and 50 and adding Section
47 as follows:
(20 ILCS 3918/5)
Sec. 5. Definitions. When used in this Act:
"Commission" means the Illinois Building Commission.
"State agency" has the same meaning as in Section 1-7 of
the Illinois State Auditing Act.
"State building requirements" means any law, rule, or
executive order implemented by the State of Illinois
affecting the construction of buildings in Illinois.
"Health care provider" means a hospital as defined in the
Hospital Licensing Act.
(Source: P.A. 90-269, eff. 1-1-98.)
(20 ILCS 3918/25)
Sec. 25. Forum; dispute resolution. The Commission shall
provide an ongoing forum for continuing dialogue regarding
the purpose and duties of the Commission. The Commission
shall also serve as a forum to suggest resolution of
conflicts between State agencies, or between a State agency
and another entity that consents to the resolution forum,
concerning State building requirements. As used in this
Section, for dispute resolution arising out of Section 8 or
8.5 of the Hospital Licensing Act, "building requirements"
includes the application of building codes for new and
existing construction and related Department rules and
standards under the Hospital Licensing Act, including without
limitation rules and standards for (i) design and
construction, (ii) engineering and maintenance of the
physical plant, site, equipment, and systems (heating,
cooling, electrical, ventilation, plumbing, water, sewer, and
solid waste disposal), and (iii) fire and safety.
If the suggested resolution of a conflict between the
Department of Public Health and a health care provider is to
(i) accept an equivalency determined by the Fire Safety
Evaluation System, (ii) waive State rules or standards, or
(iii) seek a waiver of federal rules or standards, the
Commission may take steps it deems reasonably necessary to
facilitate the suggested resolution, including preparing a
waiver request and directing the Department of Public Health
to recommend the request to the appropriate federal agency.
(Source: P.A. 90-269, eff. 1-1-98.)
(20 ILCS 3918/47 new)
Sec. 47. Rules. The Commission may adopt any rules
necessary for the administration of this Act.
(20 ILCS 3918/50)
Sec. 50. The Illinois Building Commission Revolving
Fund. The Illinois Building Commission Revolving Fund is
created in the State treasury. The Illinois Building
Commission may establish fees, each of which may not exceed
$250 or an amount approved by the Joint Committee on
Administrative Rules, for services provided in fulfilling its
mandate under this Act, except that for dispute resolution
between the Illinois Department of Public Health and a health
care provider, the Commission may establish fees to be paid
by the health care provider, which may not exceed $10,000.
All fees collected by the Commission shall be deposited into
the Illinois Building Commission Revolving Fund. The
Commission may also accept donations or moneys from any other
source for deposit into this fund. All interest accrued on
the fees, donations, and other deposits to the Illinois
Building Commission Revolving Fund shall be deposited into
the fund. All moneys in the Illinois Building Commission
Revolving Fund may be used, subject to appropriation by the
General Assembly, to carry out the activities of the Act,
including the expenses of the Illinois Building Commission, a
clearinghouse on State building requirements, or other
purposes consistent with this Act.
(Source: P.A. 91-581, eff. 8-14-99.)
Section 5. The Hospital Licensing Act is amended by
changing Section 8 and adding Sections 7.5, 8.5, 9.2, and 9.3
as follows:
(210 ILCS 85/7.5 new)
Sec. 7.5. Fire Safety Evaluation System. Upon request by
a hospital, the Department, if applicable, must evaluate or
allow for an evaluation of compliance with the Life Safety
Code using the Fire Safety Evaluation System.
(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
and the applicant may elect to seek dispute resolution
pursuant to Section 25 of the Illinois Building Commission
Act, which the Department must participate in.
(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
alteration, addition, or new construction is $100,000 or
more but less than $500,000, the fee shall be 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 or to
projects related to homeland security.
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.
Disproportionate share hospitals and rural hospitals
shall only pay one-half of the fees required in this
subsection (d). For the purposes of this subsection (d), (i)
"disproportionate share hospital" means a hospital described
in items (1) through (5) of subsection (b) of Section 5-5.02
of the Illinois Public Aid Code and (ii) "rural hospital"
means a hospital that is (A) located outside a metropolitan
statistical area or (B) located 15 miles or less from a
county that is outside a metropolitan statistical area and is
licensed to perform medical/surgical or obstetrical services
and has a combined total bed capacity of 75 or fewer beds in
these 2 service categories as of July 14, 1993, as determined
by the Department.
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 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) (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.)
(210 ILCS 85/8.5 new)
Sec. 8.5. Waiver of compliance with rules or standards
for construction or physical plant. Upon application by a
hospital, the Department may grant or renew the waiver of the
hospital's compliance with a construction or physical plant
rule or standard, including without limitation rules and
standards for (i) design and construction, (ii) engineering
and maintenance of the physical plant, site, equipment, and
systems (heating, cooling, electrical, ventilation, plumbing,
water, sewer, and solid waste disposal), and (iii) fire and
safety, for a period not to exceed the duration of the
current license or, in the case of an application for license
renewal, the duration of the renewal period. The waiver may
be conditioned upon the hospital taking action prescribed by
the Department as a measure equivalent to compliance. In
determining whether to grant or renew a waiver, the
Department shall consider the duration and basis for any
current waiver with respect to the same rule or standard and
the validity and effect upon patient health and safety of
extending it on the same basis, the effect upon the health
and safety of patients, the quality of patient care, the
hospital's history of compliance with the rules and standards
of this Act, and the hospital's attempts to comply with the
particular rule or standard in question. The Department may
provide, by rule, for the automatic renewal of waivers
concerning construction or physical plant requirements upon
the renewal of a license. The Department shall renew waivers
relating to construction or physical plant standards issued
pursuant to this Section at the time of the indicated
reviews, unless it can show why such waivers should not be
extended for the following reasons:
(1) the condition of the physical plant has
deteriorated or its use substantially changed so that the
basis upon which the waiver was issued is materially
different; or
(2) the hospital is renovated or substantially
remodeled in such a way as to permit compliance with the
applicable rules and standards without substantial
increase in cost.
A copy of each waiver application and each waiver granted
or renewed shall be on file with the Department and available
for public inspection.
The Department shall advise hospitals of any applicable
federal waivers about which it is aware and for which the
hospital may apply.
In the event that the Department does not grant or renew
a waiver of a rule or standard, the Department must notify
the hospital in writing detailing the specific reasons for
not granting or renewing the waiver and must discuss possible
options, if any, the hospital could take to have the waiver
approved.
This Section shall apply to both new and existing
construction.
(210 ILCS 85/9.2 new)
Sec. 9.2. Disclosure. Prior to conducting a survey of a
hospital operating under an approved waiver, equivalency, or
other approval, a surveyor must be made aware of the waiver,
equivalency, or other approval prior to entering the
hospital. Prior to commencing an inspection, the Department
must provide the hospital with documentation that the survey
is being conducted, with consideration of the relevant
waiver, equivalency, or approval. After conducting the
survey, the Department must conduct a comprehensive exit
interview with designated hospital representatives at which
the hospital may present additional information regarding
findings.
(210 ILCS 85/9.3 new)
Sec. 9.3. Informal dispute resolution. The Department
must offer an opportunity for informal dispute resolution
concerning the application of building codes for new and
existing construction and related Department rules and
standards before the advisory committee under subsection (b)
of Section 2310-560 of the Department of Public Health Powers
and Duties Law of the Civil Administrative Code of Illinois.
Participants in this process must include representatives
from the Department, representatives of the hospital, and
additional representatives deemed appropriate by both parties
with expertise regarding the contested deficiencies and the
management of health care facilities.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 23, 2002.
Approved August 16, 2002.
Effective August 16, 2002.
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