Sen. John M. Sullivan

Filed: 3/21/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3614

2    AMENDMENT NO. ______. Amend Senate Bill 3614 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 12 as follows:
 
6    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 12. Powers and duties of State Board. For purposes of
9this Act, the State Board shall exercise the following powers
10and duties:
11    (1) Prescribe rules, regulations, standards, criteria,
12procedures or reviews which may vary according to the purpose
13for which a particular review is being conducted or the type of
14project reviewed and which are required to carry out the
15provisions and purposes of this Act. Policies and procedures of
16the State Board shall take into consideration the priorities

 

 

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1and needs of medically underserved areas and other health care
2services identified through the comprehensive health planning
3process, giving special consideration to the impact of projects
4on access to safety net services.
5    (2) Adopt procedures for public notice and hearing on all
6proposed rules, regulations, standards, criteria, and plans
7required to carry out the provisions of this Act.
8    (3) (Blank).
9    (4) Develop criteria and standards for health care
10facilities planning, conduct statewide inventories of health
11care facilities, maintain an updated inventory on the Board's
12web site reflecting the most recent bed and service changes and
13updated need determinations when new census data become
14available or new need formulae are adopted, and develop health
15care facility plans which shall be utilized in the review of
16applications for permit under this Act. Such health facility
17plans shall be coordinated by the Board with pertinent State
18Plans. Inventories pursuant to this Section of skilled or
19intermediate care facilities licensed under the Nursing Home
20Care Act, skilled or intermediate care facilities licensed
21under the ID/DD Community Care Act, facilities licensed under
22the Specialized Mental Health Rehabilitation Act, or nursing
23homes licensed under the Hospital Licensing Act shall be
24conducted on an annual basis no later than July 1 of each year
25and shall include among the information requested a list of all
26services provided by a facility to its residents and to the

 

 

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1community at large and differentiate between active and
2inactive beds.
3    In developing health care facility plans, the State Board
4shall consider, but shall not be limited to, the following:
5        (a) The size, composition and growth of the population
6    of the area to be served;
7        (b) The number of existing and planned facilities
8    offering similar programs;
9        (c) The extent of utilization of existing facilities;
10        (d) The availability of facilities which may serve as
11    alternatives or substitutes;
12        (e) The availability of personnel necessary to the
13    operation of the facility;
14        (f) Multi-institutional planning and the establishment
15    of multi-institutional systems where feasible;
16        (g) The financial and economic feasibility of proposed
17    construction or modification; and
18        (h) In the case of health care facilities established
19    by a religious body or denomination, the needs of the
20    members of such religious body or denomination may be
21    considered to be public need.
22    The health care facility plans which are developed and
23adopted in accordance with this Section shall form the basis
24for the plan of the State to deal most effectively with
25statewide health needs in regard to health care facilities.
26    (5) Coordinate with the Center for Comprehensive Health

 

 

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1Planning and other state agencies having responsibilities
2affecting health care facilities, including those of licensure
3and cost reporting.
4    (6) Solicit, accept, hold and administer on behalf of the
5State any grants or bequests of money, securities or property
6for use by the State Board or Center for Comprehensive Health
7Planning in the administration of this Act; and enter into
8contracts consistent with the appropriations for purposes
9enumerated in this Act.
10    (7) The State Board shall prescribe procedures for review,
11standards, and criteria which shall be utilized to make
12periodic reviews and determinations of the appropriateness of
13any existing health services being rendered by health care
14facilities subject to the Act. The State Board shall consider
15recommendations of the Board in making its determinations.
16    (8) Prescribe, in consultation with the Center for
17Comprehensive Health Planning, rules, regulations, standards,
18and criteria for the conduct of an expeditious review of
19applications for permits for projects of construction or
20modification of a health care facility, which projects are
21classified as emergency, substantive, or non-substantive in
22nature.
23    Six months after June 30, 2009 (the effective date of
24Public Act 96-31), substantive projects shall include no more
25than the following:
26        (a) Projects to construct (1) a new or replacement

 

 

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1    facility located on a new site or (2) a replacement
2    facility located on the same site as the original facility
3    and the cost of the replacement facility exceeds the
4    capital expenditure minimum;
5        (b) Projects proposing a (1) new service or (2)
6    discontinuation of a service, which shall be reviewed by
7    the Board within 60 days; or
8        (c) Projects proposing a change in the bed capacity of
9    a health care facility by an increase in the total number
10    of beds or by a redistribution of beds among various
11    categories of service or by a relocation of beds from one
12    physical facility or site to another by more than 20 beds
13    or more than 10% of total bed capacity, as defined by the
14    State Board, whichever is less, over a 2-year period.
15    The Chairman may approve applications for exemption that
16meet the criteria set forth in rules or refer them to the full
17Board. The Chairman may approve any unopposed application that
18meets all of the review criteria or refer them to the full
19Board.
20    Such rules shall not abridge the right of the Center for
21Comprehensive Health Planning to make recommendations on the
22classification and approval of projects, nor shall such rules
23prevent the conduct of a public hearing upon the timely request
24of an interested party. Such reviews shall not exceed 60 days
25from the date the application is declared to be complete.
26    (9) Prescribe rules, regulations, standards, and criteria

 

 

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1pertaining to the granting of permits for construction and
2modifications which are emergent in nature and must be
3undertaken immediately to prevent or correct structural
4deficiencies or hazardous conditions that may harm or injure
5persons using the facility, as defined in the rules and
6regulations of the State Board. This procedure is exempt from
7public hearing requirements of this Act.
8    (10) Prescribe rules, regulations, standards and criteria
9for the conduct of an expeditious review, not exceeding 60
10days, of applications for permits for projects to construct or
11modify health care facilities which are needed for the care and
12treatment of persons who have acquired immunodeficiency
13syndrome (AIDS) or related conditions.
14    (11) Issue written decisions upon request of the applicant
15or an adversely affected party to the Board within 30 days of
16the meeting in which a final decision has been made. A "final
17decision" for purposes of this Act is the decision to approve
18or deny an application, or take other actions permitted under
19this Act, at the time and date of the meeting that such action
20is scheduled by the Board. The staff of the State Board shall
21prepare a written copy of the final decision and the State
22Board shall approve a final copy for inclusion in the formal
23record.
24    (12) Require at least one of its members to participate in
25any public hearing, after the appointment of the 9 members to
26the Board.

 

 

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1    (13) Provide a mechanism for the public to comment on, and
2request changes to, draft rules and standards.
3    (14) Implement public information campaigns to regularly
4inform the general public about the opportunity for public
5hearings and public hearing procedures.
6    (15) Establish a separate set of rules and guidelines for
7long-term care that recognizes that nursing homes are a
8different business line and service model from other regulated
9facilities. An open and transparent process shall be developed
10that considers the following: how skilled nursing fits in the
11continuum of care with other care providers, modernization of
12nursing homes, establishment of more private rooms,
13development of alternative services, and current trends in
14long-term care services. The Chairman of the Board shall
15appoint a permanent Health Services Review Board Long-term Care
16Facility Advisory Subcommittee that shall develop and
17recommend to the Board the rules to be established by the Board
18under this paragraph (15). The Subcommittee shall also provide
19continuous review and commentary on policies and procedures
20relative to long-term care and the review of related projects.
21In consultation with other experts from the health field of
22long-term care, the Board and the Subcommittee shall study new
23approaches to the current bed need formula and Health Service
24Area boundaries to encourage flexibility and innovation in
25design models reflective of the changing long-term care
26marketplace and consumer preferences. The Subcommittee shall

 

 

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1evaluate, and make recommendations to the State Board
2regarding, the buying, selling, and exchange of beds between
3long-term care facilities within a specified geographic area or
4drive time. The Board shall file the proposed related
5administrative rules for the separate rules and guidelines for
6long-term care required by this paragraph (15) by September 1,
72010. The Subcommittee shall be provided a reasonable and
8timely opportunity to review and comment on any review,
9revision, or updating of the criteria, standards, procedures,
10and rules used to evaluate project applications as provided
11under Section 12.3 of this Act prior to approval by the Board
12and promulgation of related rules.
13(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
1496-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
15revised 9-7-11.)
 
16    Section 99. Effective date. This Act takes effect one year
17after becoming law.".