Illinois General Assembly - Full Text of SB2436
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Full Text of SB2436  94th General Assembly


Human Services Committee

Adopted in House Comm. on May 02, 2006





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2     AMENDMENT NO. ______. Amend Senate Bill 2436 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Illinois Health Facilities Planning Act is
5 amended by changing Sections 12, 13, and 19.6 as follows:
6     (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
7     (Section scheduled to be repealed on July 1, 2006)
8     Sec. 12. Powers and duties of State Board. For purposes of
9 this Act, the State Board shall exercise the following powers
10 and duties:
11     (1) Prescribe rules, regulations, standards, criteria,
12 procedures or reviews which may vary according to the purpose
13 for which a particular review is being conducted or the type of
14 project reviewed and which are required to carry out the
15 provisions and purposes of this Act.
16     (2) Adopt procedures for public notice and hearing on all
17 proposed rules, regulations, standards, criteria, and plans
18 required to carry out the provisions of this Act.
19     (3) Prescribe criteria for recognition for areawide health
20 planning organizations, including, but not limited to,
21 standards for evaluating the scientific bases for judgments on
22 need and procedure for making these determinations.
23     (4) Develop criteria and standards for health care
24 facilities planning, conduct statewide inventories of health



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1 care facilities, maintain an updated inventory on the
2 Department's web site reflecting the most recent bed and
3 service changes and updated need determinations when new census
4 data become available or new need formulae are adopted, and
5 develop health care facility plans which shall be utilized in
6 the review of applications for permit under this Act. Such
7 health facility plans shall be coordinated by the Agency with
8 the health care facility plans areawide health planning
9 organizations and with other pertinent State Plans.
10 Inventories pursuant to this Section of skilled or intermediate
11 care facilities licensed under the Nursing Home Care Act or
12 nursing homes licensed under the Hospital Licensing Act shall
13 be conducted on an annual basis no later than July 1 of each
14 year and shall include among the information requested a list
15 of all services provided by a facility to its residents and to
16 the community at large and differentiate between active and
17 inactive beds.
18     In developing health care facility plans, the State Board
19 shall consider, but shall not be limited to, the following:
20         (a) The size, composition and growth of the population
21     of the area to be served;
22         (b) The number of existing and planned facilities
23     offering similar programs;
24         (c) The extent of utilization of existing facilities;
25         (d) The availability of facilities which may serve as
26     alternatives or substitutes;
27         (e) The availability of personnel necessary to the
28     operation of the facility;
29         (f) Multi-institutional planning and the establishment
30     of multi-institutional systems where feasible;
31         (g) The financial and economic feasibility of proposed
32     construction or modification; and
33         (h) In the case of health care facilities established
34     by a religious body or denomination, the needs of the



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1     members of such religious body or denomination may be
2     considered to be public need.
3     The health care facility plans which are developed and
4 adopted in accordance with this Section shall form the basis
5 for the plan of the State to deal most effectively with
6 statewide health needs in regard to health care facilities.
7     (5) Coordinate with other state agencies having
8 responsibilities affecting health care facilities, including
9 those of licensure and cost reporting.
10     (6) Solicit, accept, hold and administer on behalf of the
11 State any grants or bequests of money, securities or property
12 for use by the State Board or recognized areawide health
13 planning organizations in the administration of this Act; and
14 enter into contracts consistent with the appropriations for
15 purposes enumerated in this Act.
16     (7) The State Board shall prescribe, in consultation with
17 the recognized areawide health planning organizations,
18 procedures for review, standards, and criteria which shall be
19 utilized to make periodic areawide reviews and determinations
20 of the appropriateness of any existing health services being
21 rendered by health care facilities subject to the Act. The
22 State Board shall consider recommendations of the areawide
23 health planning organization and the Agency in making its
24 determinations.
25     (8) Prescribe, in consultation with the recognized
26 areawide health planning organizations, rules, regulations,
27 standards, and criteria for the conduct of an expeditious
28 review of applications for permits for projects of construction
29 or modification of a health care facility, which projects are
30 non-substantive in nature. Such rules shall not abridge the
31 right of areawide health planning organizations to make
32 recommendations on the classification and approval of
33 projects, nor shall such rules prevent the conduct of a public
34 hearing upon the timely request of an interested party. Such



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1 reviews shall not exceed 60 days from the date the application
2 is declared to be complete by the Agency.
3     (9) Prescribe rules, regulations, standards, and criteria
4 pertaining to the granting of permits for construction and
5 modifications which are emergent in nature and must be
6 undertaken immediately to prevent or correct structural
7 deficiencies or hazardous conditions that may harm or injure
8 persons using the facility, as defined in the rules and
9 regulations of the State Board. This procedure is exempt from
10 public hearing requirements of this Act.
11     (10) Prescribe rules, regulations, standards and criteria
12 for the conduct of an expeditious review, not exceeding 60
13 days, of applications for permits for projects to construct or
14 modify health care facilities which are needed for the care and
15 treatment of persons who have acquired immunodeficiency
16 syndrome (AIDS) or related conditions.
17 (Source: P.A. 93-41, eff. 6-27-03.)
18     (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
19     (Section scheduled to be repealed on July 1, 2006)
20     Sec. 13. Investigation of applications for permits and
21 certificates of recognition. The Agency or the State Board
22 shall make or cause to be made such investigations as it or the
23 State Board deems necessary in connection with an application
24 for a permit or an application for a certificate of
25 recognition, or in connection with a determination of whether
26 or not construction or modification which has been commenced is
27 in accord with the permit issued by the State Board or whether
28 construction or modification has been commenced without a
29 permit having been obtained. The State Board may issue
30 subpoenas duces tecum requiring the production of records and
31 may administer oaths to such witnesses.
32     Any circuit court of this State, upon the application of
33 the State Board or upon the application of any party to such



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1 proceedings, may, in its discretion, compel the attendance of
2 witnesses, the production of books, papers, records, or
3 memoranda and the giving of testimony before the State Board,
4 by a proceeding as for contempt, or otherwise, in the same
5 manner as production of evidence may be compelled before the
6 court.
7     The State Board shall require all health facilities
8 operating in this State to provide such reasonable reports at
9 such times and containing such information as is needed by it
10 to carry out the purposes and provisions of this Act. Prior to
11 collecting information from health facilities, the State Board
12 shall make reasonable efforts through a public process to
13 consult with health facilities and associations that represent
14 them to determine whether data and information requests will
15 result in useful information for health planning, whether
16 sufficient information is available from other sources, and
17 whether data requested is routinely collected by health
18 facilities and is available without retrospective record
19 review. Data and information requests shall not impose undue
20 paperwork burdens on health care facilities and personnel.
21 Health facilities not complying with this requirement shall be
22 reported to licensing, accrediting, certifying, or payment
23 agencies as being in violation of State law. Health care
24 facilities and other parties at interest shall have reasonable
25 access, under rules established by the State Board, to all
26 planning information submitted in accord with this Act
27 pertaining to their area.
28     Among the reports to be required by the State Board are
29 facility questionnaires for health care facilities licensed
30 under the Ambulatory Surgical Treatment Center Act, the
31 Hospital Licensing Act, the Nursing Home Care Act, or the End
32 Stage Renal Disease Facility Act. These questionnaires shall be
33 conducted on an annual basis and compiled by the Agency. For
34 health care facilities licensed under the Nursing Home Care



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1 Act, these reports shall include, but not be limited to, the
2 identification of specialty services provided by the facility
3 to patients, residents, and the community at large. For health
4 care facilities that contain long term care beds, the reports
5 shall also include the number of staffed long term care beds,
6 physical capacity for long term care beds at the facility, and
7 long term care beds available for immediate occupancy. For
8 purposes of this paragraph, "long term care beds" means beds
9 (i) licensed under the Nursing Home Care Act or (ii) licensed
10 under the Hospital Licensing Act and certified as skilled
11 nursing or nursing facility beds under Medicaid or Medicare.
12 (Source: P.A. 93-41, eff. 6-27-03.)
13     (20 ILCS 3960/19.6)
14     (Section scheduled to be repealed on July 1, 2006)
15     Sec. 19.6. Repeal. This Act is repealed on April 1, 2007
16 July 1, 2006.
17 (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04.)
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.".