Full Text of HB0763 100th General Assembly
HB0763ham002 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 3/17/2017
| | 10000HB0763ham002 | | LRB100 03954 RJF 23736 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 763
| 2 | | AMENDMENT NO. ______. Amend House Bill 763 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 3, 4.2, 5, 5.4, 6, and 12 as | 6 | | follows:
| 7 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| 8 | | (Section scheduled to be repealed on December 31, 2019) | 9 | | Sec. 3. Definitions. As used in this Act:
| 10 | | "Health care facilities" means and includes
the following | 11 | | facilities, organizations, and related persons:
| 12 | | (1) An ambulatory surgical treatment center required | 13 | | to be licensed
pursuant to the Ambulatory Surgical | 14 | | Treatment Center Act.
| 15 | | (2) An institution, place, building, or agency | 16 | | required to be licensed
pursuant to the Hospital Licensing |
| | | 10000HB0763ham002 | - 2 - | LRB100 03954 RJF 23736 a |
|
| 1 | | Act.
| 2 | | (3) Skilled and intermediate long term care facilities | 3 | | licensed under the
Nursing
Home Care Act. | 4 | | (A) If a demonstration project under the Nursing | 5 | | Home Care Act applies for a certificate of need to | 6 | | convert to a nursing facility, it shall meet the | 7 | | licensure and certificate of need requirements in | 8 | | effect as of the date of application. | 9 | | (B) Except as provided in item (A) of this | 10 | | subsection, this Act does not apply to facilities | 11 | | granted waivers under Section 3-102.2 of the Nursing | 12 | | Home Care Act.
| 13 | | (3.5) Skilled and intermediate care facilities | 14 | | licensed under the ID/DD Community Care Act or the MC/DD | 15 | | Act. No permit or exemption is required for a facility | 16 | | licensed under the ID/DD Community Care Act or the MC/DD | 17 | | Act prior to the reduction of the number of beds at a | 18 | | facility. If there is a total reduction of beds at a | 19 | | facility licensed under the ID/DD Community Care Act or the | 20 | | MC/DD Act, this is a discontinuation or closure of the | 21 | | facility. If a facility licensed under the ID/DD Community | 22 | | Care Act or the MC/DD Act reduces the number of beds or | 23 | | discontinues the facility, that facility must notify the | 24 | | Board as provided in Section 14.1 of this Act. | 25 | | (3.7) Facilities licensed under the Specialized Mental | 26 | | Health Rehabilitation Act of 2013. |
| | | 10000HB0763ham002 | - 3 - | LRB100 03954 RJF 23736 a |
|
| 1 | | (4) Hospitals, nursing homes, ambulatory surgical | 2 | | treatment centers, or
kidney disease treatment centers
| 3 | | maintained by the State or any department or agency | 4 | | thereof.
| 5 | | (5) Kidney disease treatment centers, including a | 6 | | free-standing
hemodialysis unit required to be licensed | 7 | | under the End Stage Renal Disease Facility Act.
| 8 | | (A) This Act does not apply to a dialysis facility | 9 | | that provides only dialysis training, support, and | 10 | | related services to individuals with end stage renal | 11 | | disease who have elected to receive home dialysis. | 12 | | (B) This Act does not apply to a dialysis unit | 13 | | located in a licensed nursing home that offers or | 14 | | provides dialysis-related services to residents with | 15 | | end stage renal disease who have elected to receive | 16 | | home dialysis within the nursing home. | 17 | | (C) The Board, however, may require dialysis | 18 | | facilities and licensed nursing homes under items (A) | 19 | | and (B) of this subsection to report statistical | 20 | | information on a quarterly basis to the Board to be | 21 | | used by the Board to conduct analyses on the need for | 22 | | proposed kidney disease treatment centers. | 23 | | (6) An institution, place, building, or room used for | 24 | | the performance of
outpatient surgical procedures that is | 25 | | leased, owned, or operated by or on
behalf of an | 26 | | out-of-state facility.
|
| | | 10000HB0763ham002 | - 4 - | LRB100 03954 RJF 23736 a |
|
| 1 | | (7) An institution, place, building, or room used for | 2 | | provision of a health care category of service, including, | 3 | | but not limited to, cardiac catheterization and open heart | 4 | | surgery. | 5 | | (8) An institution, place, building, or room housing | 6 | | major medical equipment used in the direct clinical | 7 | | diagnosis or treatment of patients, and whose project cost | 8 | | is in excess of the capital expenditure minimum. | 9 | | "Health care facilities" does not include the following | 10 | | entities or facility transactions: | 11 | | (1) Federally-owned facilities. | 12 | | (2) Facilities used solely for healing by prayer or | 13 | | spiritual means. | 14 | | (3) An existing facility located on any campus facility | 15 | | as defined in Section 5-5.8b of the Illinois Public Aid | 16 | | Code, provided that the campus facility encompasses 30 or | 17 | | more contiguous acres and that the new or renovated | 18 | | facility is intended for use by a licensed residential | 19 | | facility. | 20 | | (4) Facilities licensed under the Supportive | 21 | | Residences Licensing Act or the Assisted Living and Shared | 22 | | Housing Act. | 23 | | (5) Facilities designated as supportive living | 24 | | facilities that are in good standing with the program | 25 | | established under Section 5-5.01a of the Illinois Public | 26 | | Aid Code. |
| | | 10000HB0763ham002 | - 5 - | LRB100 03954 RJF 23736 a |
|
| 1 | | (6) Facilities established and operating under the | 2 | | Alternative Health Care Delivery Act as a children's | 3 | | community-based health care center alternative health care | 4 | | model demonstration program or as an Alzheimer's Disease | 5 | | Management Center alternative health care model | 6 | | demonstration program. | 7 | | (7) The closure of an entity or a portion of an entity | 8 | | licensed under the Nursing Home Care Act, the Specialized | 9 | | Mental Health Rehabilitation Act of 2013, the ID/DD | 10 | | Community Care Act, or the MC/DD Act, with the exception of | 11 | | facilities operated by a county or Illinois Veterans Homes, | 12 | | that elect to convert, in whole or in part, to an assisted | 13 | | living or shared housing establishment licensed under the | 14 | | Assisted Living and Shared Housing Act and with the | 15 | | exception of a facility licensed under the Specialized | 16 | | Mental Health Rehabilitation Act of 2013 in connection with | 17 | | a proposal to close a facility and re-establish the | 18 | | facility in another location. | 19 | | (8) Any change of ownership of a health care facility | 20 | | that is licensed under the Nursing Home Care Act, the | 21 | | Specialized Mental Health Rehabilitation Act of 2013, the | 22 | | ID/DD Community Care Act, or the MC/DD Act, with the | 23 | | exception of facilities operated by a county or Illinois | 24 | | Veterans Homes. Changes of ownership of facilities | 25 | | licensed under the Nursing Home Care Act must meet the | 26 | | requirements set forth in Sections 3-101 through 3-119 of |
| | | 10000HB0763ham002 | - 6 - | LRB100 03954 RJF 23736 a |
|
| 1 | | the Nursing Home Care Act.
| 2 | | With the exception of those health care facilities | 3 | | specifically
included in this Section, nothing in this Act | 4 | | shall be intended to
include facilities operated as a part of | 5 | | the practice of a physician or
other licensed health care | 6 | | professional, whether practicing in his
individual capacity or | 7 | | within the legal structure of any partnership,
medical or | 8 | | professional corporation, or unincorporated medical or
| 9 | | professional group. Further, this Act shall not apply to | 10 | | physicians or
other licensed health care professional's | 11 | | practices where such practices
are carried out in a portion of | 12 | | a health care facility under contract
with such health care | 13 | | facility by a physician or by other licensed
health care | 14 | | professionals, whether practicing in his individual capacity
| 15 | | or within the legal structure of any partnership, medical or
| 16 | | professional corporation, or unincorporated medical or | 17 | | professional
groups, unless the entity constructs, modifies, | 18 | | or establishes a health care facility as specifically defined | 19 | | in this Section. This Act shall apply to construction or
| 20 | | modification and to establishment by such health care facility | 21 | | of such
contracted portion which is subject to facility | 22 | | licensing requirements,
irrespective of the party responsible | 23 | | for such action or attendant
financial obligation.
| 24 | | "Person" means any one or more natural persons, legal | 25 | | entities,
governmental bodies other than federal, or any | 26 | | combination thereof.
|
| | | 10000HB0763ham002 | - 7 - | LRB100 03954 RJF 23736 a |
|
| 1 | | "Consumer" means any person other than a person (a) whose | 2 | | major
occupation currently involves or whose official capacity | 3 | | within the last
12 months has involved the providing, | 4 | | administering or financing of any
type of health care facility, | 5 | | (b) who is engaged in health research or
the teaching of | 6 | | health, (c) who has a material financial interest in any
| 7 | | activity which involves the providing, administering or | 8 | | financing of any
type of health care facility, or (d) who is or | 9 | | ever has been a member of
the immediate family of the person | 10 | | defined by (a), (b), or (c).
| 11 | | "State Board" or "Board" means the Health Facilities and | 12 | | Services Review Board.
| 13 | | "Construction or modification" means the establishment, | 14 | | erection,
building, alteration, reconstruction, modernization, | 15 | | improvement,
extension, discontinuation, change of ownership, | 16 | | of or by a health care
facility, or the purchase or acquisition | 17 | | by or through a health care facility
of
equipment or service | 18 | | for diagnostic or therapeutic purposes or for
facility | 19 | | administration or operation, or any capital expenditure made by
| 20 | | or on behalf of a health care facility which
exceeds the | 21 | | capital expenditure minimum; however, any capital expenditure
| 22 | | made by or on behalf of a health care facility for (i) the | 23 | | construction or
modification of a facility licensed under the | 24 | | Assisted Living and Shared
Housing Act or (ii) a conversion | 25 | | project undertaken in accordance with Section 30 of the Older | 26 | | Adult Services Act shall be excluded from any obligations under |
| | | 10000HB0763ham002 | - 8 - | LRB100 03954 RJF 23736 a |
|
| 1 | | this Act.
| 2 | | "Establish" means the construction of a health care | 3 | | facility or the
replacement of an existing facility on another | 4 | | site or the initiation of a category of service.
| 5 | | "Major medical equipment" means medical equipment which is | 6 | | used for the
provision of medical and other health services and | 7 | | which costs in excess
of the capital expenditure minimum, | 8 | | except that such term does not include
medical equipment | 9 | | acquired
by or on behalf of a clinical laboratory to provide | 10 | | clinical laboratory
services if the clinical laboratory is | 11 | | independent of a physician's office
and a hospital and it has | 12 | | been determined under Title XVIII of the Social
Security Act to | 13 | | meet the requirements of paragraphs (10) and (11) of Section
| 14 | | 1861(s) of such Act. In determining whether medical equipment | 15 | | has a value
in excess of the capital expenditure minimum, the | 16 | | value of studies, surveys,
designs, plans, working drawings, | 17 | | specifications, and other activities
essential to the | 18 | | acquisition of such equipment shall be included.
| 19 | | "Capital Expenditure" means an expenditure: (A) made by or | 20 | | on behalf of
a health care facility (as such a facility is | 21 | | defined in this Act); and
(B) which under generally accepted | 22 | | accounting principles is not properly
chargeable as an expense | 23 | | of operation and maintenance, or is made to obtain
by lease or | 24 | | comparable arrangement any facility or part thereof or any
| 25 | | equipment for a facility or part; and which exceeds the capital | 26 | | expenditure
minimum.
|
| | | 10000HB0763ham002 | - 9 - | LRB100 03954 RJF 23736 a |
|
| 1 | | For the purpose of this paragraph, the cost of any studies, | 2 | | surveys, designs,
plans, working drawings, specifications, and | 3 | | other activities essential
to the acquisition, improvement, | 4 | | expansion, or replacement of any plant
or equipment with | 5 | | respect to which an expenditure is made shall be included
in | 6 | | determining if such expenditure exceeds the capital | 7 | | expenditures minimum.
Unless otherwise interdependent, or | 8 | | submitted as one project by the applicant, components of | 9 | | construction or modification undertaken by means of a single | 10 | | construction contract or financed through the issuance of a | 11 | | single debt instrument shall not be grouped together as one | 12 | | project. Donations of equipment
or facilities to a health care | 13 | | facility which if acquired directly by such
facility would be | 14 | | subject to review under this Act shall be considered capital
| 15 | | expenditures, and a transfer of equipment or facilities for | 16 | | less than fair
market value shall be considered a capital | 17 | | expenditure for purposes of this
Act if a transfer of the | 18 | | equipment or facilities at fair market value would
be subject | 19 | | to review.
| 20 | | "Capital expenditure minimum" means $11,500,000 for | 21 | | projects by hospital applicants, $6,500,000 for applicants for | 22 | | projects related to skilled and intermediate care long-term | 23 | | care facilities licensed under the Nursing Home Care Act, and | 24 | | $3,000,000 for projects by all other applicants, which shall be | 25 | | annually
adjusted to reflect the increase in construction costs | 26 | | due to inflation, for major medical equipment and for all other
|
| | | 10000HB0763ham002 | - 10 - | LRB100 03954 RJF 23736 a |
|
| 1 | | capital expenditures.
| 2 | | "Financial Commitment" means the commitment of at least 33% | 3 | | of total funds assigned to cover total project cost, which | 4 | | occurs by the actual expenditure of 33% or more of the total | 5 | | project cost or the commitment to expend 33% or more of the | 6 | | total project cost by signed contracts or other legal means. | 7 | | "Non-clinical service area" means an area (i) for the | 8 | | benefit of the
patients, visitors, staff, or employees of a | 9 | | health care facility and (ii) not
directly related to the | 10 | | diagnosis, treatment, or rehabilitation of persons
receiving | 11 | | services from the health care facility. "Non-clinical service | 12 | | areas"
include, but are not limited to, chapels; gift shops; | 13 | | news stands; computer
systems; tunnels, walkways, and | 14 | | elevators; telephone systems; projects to
comply with life | 15 | | safety codes; educational facilities; student housing;
| 16 | | patient, employee, staff, and visitor dining areas; | 17 | | administration and
volunteer offices; modernization of | 18 | | structural components (such as roof
replacement and masonry | 19 | | work); boiler repair or replacement; vehicle
maintenance and | 20 | | storage facilities; parking facilities; mechanical systems for
| 21 | | heating, ventilation, and air conditioning; loading docks; and | 22 | | repair or
replacement of carpeting, tile, wall coverings, | 23 | | window coverings or treatments,
or furniture. Solely for the | 24 | | purpose of this definition, "non-clinical service
area" does | 25 | | not include health and fitness centers.
| 26 | | "Areawide" means a major area of the State delineated on a
|
| | | 10000HB0763ham002 | - 11 - | LRB100 03954 RJF 23736 a |
|
| 1 | | geographic, demographic, and functional basis for health | 2 | | planning and
for health service and having within it one or | 3 | | more local areas for
health planning and health service. The | 4 | | term "region", as contrasted
with the term "subregion", and the | 5 | | word "area" may be used synonymously
with the term "areawide".
| 6 | | "Local" means a subarea of a delineated major area that on | 7 | | a
geographic, demographic, and functional basis may be | 8 | | considered to be
part of such major area. The term "subregion" | 9 | | may be used synonymously
with the term "local".
| 10 | | "Physician" means a person licensed to practice in | 11 | | accordance with
the Medical Practice Act of 1987, as amended.
| 12 | | "Licensed health care professional" means a person | 13 | | licensed to
practice a health profession under pertinent | 14 | | licensing statutes of the
State of Illinois.
| 15 | | "Director" means the Director of the Illinois Department of | 16 | | Public Health.
| 17 | | "Agency" or "Department" means the Illinois Department of | 18 | | Public Health.
| 19 | | "Alternative health care model" means a facility or program | 20 | | authorized
under the Alternative Health Care Delivery Act.
| 21 | | "Out-of-state facility" means a person that is both (i) | 22 | | licensed as a
hospital or as an ambulatory surgery center under | 23 | | the laws of another state
or that
qualifies as a hospital or an | 24 | | ambulatory surgery center under regulations
adopted pursuant | 25 | | to the Social Security Act and (ii) not licensed under the
| 26 | | Ambulatory Surgical Treatment Center Act, the Hospital |
| | | 10000HB0763ham002 | - 12 - | LRB100 03954 RJF 23736 a |
|
| 1 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of | 2 | | out-of-state facilities shall be
considered out-of-state | 3 | | facilities. Affiliates of Illinois licensed health
care | 4 | | facilities 100% owned by an Illinois licensed health care | 5 | | facility, its
parent, or Illinois physicians licensed to | 6 | | practice medicine in all its
branches shall not be considered | 7 | | out-of-state facilities. Nothing in
this definition shall be
| 8 | | construed to include an office or any part of an office of a | 9 | | physician licensed
to practice medicine in all its branches in | 10 | | Illinois that is not required to be
licensed under the | 11 | | Ambulatory Surgical Treatment Center Act.
| 12 | | "Change of ownership of a health care facility" means a | 13 | | change in the
person
who has ownership or
control of a health | 14 | | care facility's physical plant and capital assets. A change
in | 15 | | ownership is indicated by
the following transactions: sale, | 16 | | transfer, acquisition, lease, change of
sponsorship, or other | 17 | | means of
transferring control.
| 18 | | "Related person" means any person that: (i) is at least 50% | 19 | | owned, directly
or indirectly, by
either the health care | 20 | | facility or a person owning, directly or indirectly, at
least | 21 | | 50% of the health
care facility; or (ii) owns, directly or | 22 | | indirectly, at least 50% of the
health care facility.
| 23 | | "Charity care" means care provided by a health care | 24 | | facility for which the provider does not expect to receive | 25 | | payment from the patient or a third-party payer. | 26 | | "Freestanding emergency center" means a facility subject |
| | | 10000HB0763ham002 | - 13 - | LRB100 03954 RJF 23736 a |
|
| 1 | | to licensure under Section 32.5 of the Emergency Medical | 2 | | Services (EMS) Systems Act. | 3 | | "Category of service" means a grouping by generic class of | 4 | | various types or levels of support functions, equipment, care, | 5 | | or treatment provided to patients or residents, including, but | 6 | | not limited to, classes such as medical-surgical, pediatrics, | 7 | | or cardiac catheterization. A category of service may include | 8 | | subcategories or levels of care that identify a particular | 9 | | degree or type of care within the category of service. Nothing | 10 | | in this definition shall be construed to include the practice | 11 | | of a physician or other licensed health care professional while | 12 | | functioning in an office providing for the care, diagnosis, or | 13 | | treatment of patients. A category of service that is subject to | 14 | | the Board's jurisdiction must be designated in rules adopted by | 15 | | the Board. | 16 | | "State Board Staff Report" means the document that sets | 17 | | forth the review and findings of the State Board staff, as | 18 | | prescribed by the State Board, regarding applications subject | 19 | | to Board jurisdiction. | 20 | | (Source: P.A. 98-414, eff. 1-1-14; 98-629, eff. 1-1-15; 98-651, | 21 | | eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. 7-20-15; | 22 | | 99-180, eff. 7-29-15; 99-527, eff. 1-1-17 .)
| 23 | | (20 ILCS 3960/4.2)
| 24 | | (Section scheduled to be repealed on December 31, 2019)
| 25 | | Sec. 4.2. Ex parte communications.
|
| | | 10000HB0763ham002 | - 14 - | LRB100 03954 RJF 23736 a |
|
| 1 | | (a) Except in the disposition of matters that agencies are | 2 | | authorized by law
to entertain or dispose of on an ex parte | 3 | | basis including, but not limited to
rule making, the State | 4 | | Board, any State Board member, employee, or a hearing
officer | 5 | | shall not engage in ex parte communication
in connection with | 6 | | the substance of any formally filed application for
a permit | 7 | | with any person or party or the representative of any party. | 8 | | This subsection (a) applies when the Board, member, employee, | 9 | | or hearing officer knows, or should know upon reasonable | 10 | | inquiry, that the application or exemption has been formally | 11 | | filed with the Board. Nothing in this Section shall prohibit | 12 | | staff members from providing technical assistance to | 13 | | applicants. Nothing in this Section shall prohibit staff from | 14 | | verifying or clarifying an applicant's information as it | 15 | | prepares the State Board Staff Report staff report . Once an | 16 | | application or exemption is filed and deemed complete, a | 17 | | written record of any communication between staff and an | 18 | | applicant shall be prepared by staff and made part of the | 19 | | public record, using a prescribed, standardized format, and | 20 | | shall be included in the application file.
| 21 | | (b) A State Board member or employee may communicate with | 22 | | other
members or employees and any State Board member or | 23 | | hearing
officer may have the aid and advice of one or more | 24 | | personal assistants.
| 25 | | (c) An ex parte communication received by the State Board, | 26 | | any State
Board member, employee, or a hearing officer shall be |
| | | 10000HB0763ham002 | - 15 - | LRB100 03954 RJF 23736 a |
|
| 1 | | made a part of the record
of the
matter, including all written | 2 | | communications, all written
responses to the communications, | 3 | | and a memorandum stating the substance of all
oral | 4 | | communications and all responses made and the identity of each | 5 | | person from
whom the ex parte communication was received.
| 6 | | (d) "Ex parte communication" means a communication between | 7 | | a person who is
not a State Board member or employee and a
| 8 | | State Board member or
employee
that reflects on the substance | 9 | | of a pending or impending State Board proceeding and that
takes
| 10 | | place outside the record of the proceeding. Communications | 11 | | regarding matters
of procedure and practice, such as the format | 12 | | of pleading, number of copies
required, manner of service, and | 13 | | status of proceedings, are not considered ex
parte | 14 | | communications. Technical assistance with respect to an | 15 | | application, not
intended to influence any decision on the | 16 | | application, may be provided by
employees to the applicant. Any | 17 | | assistance shall be documented in writing by
the applicant and | 18 | | employees within 10 business days after the assistance is
| 19 | | provided.
| 20 | | (e) For purposes of this Section, "employee" means
a person | 21 | | the State Board or the Agency employs on a full-time, | 22 | | part-time,
contract, or intern
basis.
| 23 | | (f) The State Board, State Board member, or hearing | 24 | | examiner presiding
over the proceeding, in the event of a | 25 | | violation of this Section, must take
whatever action is | 26 | | necessary to ensure that the violation does not prejudice
any |
| | | 10000HB0763ham002 | - 16 - | LRB100 03954 RJF 23736 a |
|
| 1 | | party or adversely affect the fairness of the proceedings.
| 2 | | (g) Nothing in this Section shall be construed to prevent | 3 | | the State Board or
any member of the State Board from | 4 | | consulting with the attorney for the State
Board.
| 5 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 6 | | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
| 7 | | (Section scheduled to be repealed on December 31, 2019)
| 8 | | Sec. 5. Construction, modification, or establishment of | 9 | | health care facilities or acquisition of major medical | 10 | | equipment; permits or exemptions. No person shall construct, | 11 | | modify or establish a
health care facility or acquire major | 12 | | medical equipment without first
obtaining a permit or exemption | 13 | | from the State
Board. The State Board shall not delegate to the | 14 | | staff of
the State Board or any other person or entity the | 15 | | authority to grant
permits or exemptions whenever the staff or | 16 | | other person or
entity would be required to exercise any | 17 | | discretion affecting the decision
to grant a permit or | 18 | | exemption. The State Board may, by rule, delegate authority to | 19 | | the Chairman to grant permits or exemptions when applications | 20 | | meet all of the State Board's review criteria and are | 21 | | unopposed.
| 22 | | A permit or exemption shall be obtained prior to the | 23 | | acquisition
of major medical equipment or to the construction | 24 | | or modification of a
health care facility which:
| 25 | | (a) requires a total capital expenditure in excess of |
| | | 10000HB0763ham002 | - 17 - | LRB100 03954 RJF 23736 a |
|
| 1 | | the capital
expenditure
minimum; or
| 2 | | (b) substantially changes the scope or changes the | 3 | | functional operation
of the facility; or
| 4 | | (c) changes the bed capacity of a health care facility | 5 | | by increasing the
total number of beds or by distributing | 6 | | beds among
various categories of service or by relocating | 7 | | beds from one physical facility
or site to another by more | 8 | | than 20 beds or more than 10% of total bed
capacity as | 9 | | defined by the
State Board, whichever is less, over a 2 | 10 | | year period.
| 11 | | A permit shall be valid only for the defined construction | 12 | | or modifications,
site, amount and person named in the | 13 | | application for such permit and
shall not be transferable or | 14 | | assignable. A permit shall be valid until such
time as the | 15 | | project has been completed,
provided that the project
commences | 16 | | and proceeds to completion with due diligence by the completion | 17 | | date or extension date approved by the Board. | 18 | | A permit holder must do the following: (i) submit the final | 19 | | completion and cost report for the project within 90 days after | 20 | | the approved project completion date or extension date and (ii) | 21 | | submit annual progress reports no earlier than 30 days before | 22 | | and no later than 30 days after each anniversary date of the | 23 | | Board's approval of the permit until the project is completed. | 24 | | To maintain a valid permit and to monitor progress toward | 25 | | project commencement and completion, routine post-permit | 26 | | reports shall be limited to annual progress reports and the |
| | | 10000HB0763ham002 | - 18 - | LRB100 03954 RJF 23736 a |
|
| 1 | | final completion and cost report. Annual progress reports shall | 2 | | include information regarding the committed funds expended | 3 | | toward the approved project. For projects to be completed in 12 | 4 | | months or less, the permit holder shall report financial | 5 | | commitment in the final completion and cost report. For | 6 | | projects to be completed between 12 to 24 months, the permit | 7 | | holder shall report financial commitment in the first annual | 8 | | report. For projects to be completed in more than 24 months, | 9 | | the permit holder shall report financial commitment in the | 10 | | second annual progress report. The If the project is not | 11 | | completed in one year, then, by the second annual report, the | 12 | | permit holder shall expend 33% or more of the total project | 13 | | cost or shall make a commitment to expend 33% or more of the | 14 | | total project cost by signed contracts or other legal means, | 15 | | and the report shall contain information regarding financial | 16 | | commitment those expenditures or commitments. If the project is | 17 | | to be completed in one year, then the first annual report shall | 18 | | contain the expenditure commitment information for the total | 19 | | project cost. The State Board may extend the financial | 20 | | expenditure commitment period after considering a permit | 21 | | holder's showing of good cause and request for additional time | 22 | | to complete the project. | 23 | | The Certificate of Need process required under this Act is | 24 | | designed to restrain rising health care costs by preventing | 25 | | unnecessary construction or modification of health care | 26 | | facilities. The Board must assure that the establishment, |
| | | 10000HB0763ham002 | - 19 - | LRB100 03954 RJF 23736 a |
|
| 1 | | construction, or modification of a health care facility or the | 2 | | acquisition of major medical equipment is consistent with the | 3 | | public interest and that the proposed project is consistent | 4 | | with the orderly and economic development or acquisition of | 5 | | those facilities and equipment and is in accord with the | 6 | | standards, criteria, or plans of need adopted and approved by | 7 | | the Board. Board decisions regarding the construction of health | 8 | | care facilities must consider capacity, quality, value, and | 9 | | equity. Projects may deviate from the costs, fees, and expenses | 10 | | provided in their project cost information for the project's | 11 | | cost components, provided that the final total project cost | 12 | | does not exceed the approved permit amount. Project alterations | 13 | | shall not increase the total approved permit amount by more | 14 | | than the limit set forth under the Board's rules. | 15 | | Major construction
projects, for the purposes of this Act, | 16 | | shall include but are not limited
to: projects for the | 17 | | construction of new buildings; additions to existing
| 18 | | facilities; modernization projects
whose cost is in excess of | 19 | | $1,000,000 or 10% of the facilities' operating
revenue, | 20 | | whichever is less; and such other projects as the State Board | 21 | | shall
define and prescribe pursuant to this Act.
| 22 | | The acquisition by any person of major medical equipment | 23 | | that will not
be owned by or located in a health care facility | 24 | | and that will not be used
to provide services to inpatients of | 25 | | a health care facility shall be exempt
from review provided | 26 | | that a notice is filed in accordance with exemption
|
| | | 10000HB0763ham002 | - 20 - | LRB100 03954 RJF 23736 a |
|
| 1 | | requirements.
| 2 | | Notwithstanding any other provision of this Act, no permit | 3 | | or exemption is
required for the construction or modification | 4 | | of a non-clinical service area
of a health care facility.
| 5 | | (Source: P.A. 97-1115, eff. 8-27-12; 98-414, eff. 1-1-14.)
| 6 | | (20 ILCS 3960/5.4) | 7 | | (Section scheduled to be repealed on December 31, 2019) | 8 | | Sec. 5.4. Safety Net Impact Statement. | 9 | | (a) General review criteria shall include a requirement | 10 | | that all health care facilities, with the exception of skilled | 11 | | and intermediate long-term care facilities licensed under the | 12 | | Nursing Home Care Act, provide a Safety Net Impact Statement, | 13 | | which shall be filed with an application for a substantive | 14 | | project or when the application proposes to discontinue a | 15 | | category of service. | 16 | | (b) For the purposes of this Section, "safety net services" | 17 | | are services provided by health care providers or organizations | 18 | | that deliver health care services to persons with barriers to | 19 | | mainstream health care due to lack of insurance, inability to | 20 | | pay, special needs, ethnic or cultural characteristics, or | 21 | | geographic isolation. Safety net service providers include, | 22 | | but are not limited to, hospitals and private practice | 23 | | physicians that provide charity care, school-based health | 24 | | centers, migrant health clinics, rural health clinics, | 25 | | federally qualified health centers, community health centers, |
| | | 10000HB0763ham002 | - 21 - | LRB100 03954 RJF 23736 a |
|
| 1 | | public health departments, and community mental health | 2 | | centers. | 3 | | (c) As developed by the applicant, a Safety Net Impact | 4 | | Statement shall describe all of the following: | 5 | | (1) The project's material impact, if any, on essential | 6 | | safety net services in the community, to the extent that it | 7 | | is feasible for an applicant to have such knowledge. | 8 | | (2) The project's impact on the ability of another | 9 | | provider or health care system to cross-subsidize safety | 10 | | net services, if reasonably known to the applicant. | 11 | | (3) How the discontinuation of a facility or service | 12 | | might impact the remaining safety net providers in a given | 13 | | community, if reasonably known by the applicant. | 14 | | (d) Safety Net Impact Statements shall also include all of | 15 | | the following: | 16 | | (1) For the 3 fiscal years prior to the application, a | 17 | | certification describing the amount of charity care | 18 | | provided by the applicant. The amount calculated by | 19 | | hospital applicants shall be in accordance with the | 20 | | reporting requirements for charity care reporting in the | 21 | | Illinois Community Benefits Act. Non-hospital applicants | 22 | | shall report charity care, at cost, in accordance with an | 23 | | appropriate methodology specified by the Board. | 24 | | (2) For the 3 fiscal years prior to the application, a | 25 | | certification of the amount of care provided to Medicaid | 26 | | patients. Hospital and non-hospital applicants shall |
| | | 10000HB0763ham002 | - 22 - | LRB100 03954 RJF 23736 a |
|
| 1 | | provide Medicaid information in a manner consistent with | 2 | | the information reported each year to the State Board | 3 | | regarding "Inpatients and Outpatients Served by Payor | 4 | | Source" and "Inpatient and Outpatient Net Revenue by Payor | 5 | | Source" as required by the Board under Section 13 of this | 6 | | Act and published in the Annual Hospital Profile. | 7 | | (3) Any information the applicant believes is directly | 8 | | relevant to safety net services, including information | 9 | | regarding teaching, research, and any other service. | 10 | | (e) The Board staff shall publish a notice, that an | 11 | | application accompanied by a Safety Net Impact Statement has | 12 | | been filed, in a newspaper having general circulation within | 13 | | the area affected by the application. If no newspaper has a | 14 | | general circulation within the county, the Board shall post the | 15 | | notice in 5 conspicuous places within the proposed area. | 16 | | (f) Any person, community organization, provider, or | 17 | | health system or other entity wishing to comment upon or oppose | 18 | | the application may file a Safety Net Impact Statement Response | 19 | | with the Board, which shall provide additional information | 20 | | concerning a project's impact on safety net services in the | 21 | | community. | 22 | | (g) Applicants shall be provided an opportunity to submit a | 23 | | reply to any Safety Net Impact Statement Response. | 24 | | (h) The State Board Staff Report staff report shall include | 25 | | a statement as to whether a Safety Net Impact Statement was | 26 | | filed by the applicant and whether it included information on |
| | | 10000HB0763ham002 | - 23 - | LRB100 03954 RJF 23736 a |
|
| 1 | | charity care, the amount of care provided to Medicaid patients, | 2 | | and information on teaching, research, or any other service | 3 | | provided by the applicant directly relevant to safety net | 4 | | services. The report shall also indicate the names of the | 5 | | parties submitting responses and the number of responses and | 6 | | replies, if any, that were filed.
| 7 | | (Source: P.A. 98-1086, eff. 8-26-14.)
| 8 | | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| 9 | | (Section scheduled to be repealed on December 31, 2019)
| 10 | | Sec. 6. Application for permit or exemption; exemption | 11 | | regulations.
| 12 | | (a) An application for a permit or exemption shall be made | 13 | | to
the State Board upon forms provided by the State Board. This | 14 | | application
shall contain such information
as the State Board | 15 | | deems necessary. The State Board shall not require an applicant | 16 | | to file a Letter of Intent before an application is filed. Such
| 17 | | application shall include affirmative evidence on which the | 18 | | State
Board or Chairman may make its decision on the approval | 19 | | or denial of the permit or
exemption.
| 20 | | (b) The State Board shall establish by regulation the | 21 | | procedures and
requirements
regarding issuance of exemptions.
| 22 | | An exemption shall be approved when information required by the | 23 | | Board by rule
is submitted. Projects
eligible for an exemption, | 24 | | rather than a permit, include, but are not limited
to,
change | 25 | | of ownership of a health care facility, discontinuation of a |
| | | 10000HB0763ham002 | - 24 - | LRB100 03954 RJF 23736 a |
|
| 1 | | category of service, and discontinuation of a health care | 2 | | facility, other than a health care facility maintained by the | 3 | | State or any agency or department thereof or a nursing home | 4 | | maintained by a county. For a change of
ownership of a health | 5 | | care
facility, the State Board shall provide by rule for an
| 6 | | expedited
process for obtaining an exemption in accordance with | 7 | | Section 8.5 of this Act. In connection with a change of | 8 | | ownership, the State Board may approve the transfer of an | 9 | | existing permit without regard to whether the permit to be | 10 | | transferred has yet been obligated, except for permits | 11 | | establishing a new facility or a new category of service.
| 12 | | (c) All applications shall be signed by the applicant and | 13 | | shall be
verified by any 2 officers thereof.
| 14 | | (c-5) Any written review or findings of the Board staff or | 15 | | any other reviewing organization under Section 8 concerning an | 16 | | application for a permit must be made available to the public | 17 | | at least 14 calendar days before the meeting of the State Board | 18 | | at which the review or findings are considered. The applicant | 19 | | and members of the public may submit, to the State Board, | 20 | | written responses regarding the facts set forth in the review | 21 | | or findings of the Board staff or reviewing organization. | 22 | | Members of the public shall have until 10 days before the | 23 | | meeting of the State Board to submit any written response | 24 | | concerning the Board staff's written review or findings. The | 25 | | Board staff may revise any findings to address corrections of | 26 | | factual errors cited in the public response. At the meeting, |
| | | 10000HB0763ham002 | - 25 - | LRB100 03954 RJF 23736 a |
|
| 1 | | the State Board may, in its discretion, permit the submission | 2 | | of other additional written materials.
| 3 | | (d) Upon receipt of an application for a permit, the State | 4 | | Board shall
approve and authorize the issuance of a permit if | 5 | | it finds (1) that the
applicant is fit, willing, and able to | 6 | | provide a proper standard of
health care service for the | 7 | | community with particular regard to the
qualification, | 8 | | background and character of the applicant, (2) that
economic | 9 | | feasibility is demonstrated in terms of effect on the existing
| 10 | | and projected operating budget of the applicant and of the | 11 | | health care
facility; in terms of the applicant's ability to | 12 | | establish and operate
such facility in accordance with | 13 | | licensure regulations promulgated under
pertinent state laws; | 14 | | and in terms of the projected impact on the total
health care | 15 | | expenditures in the facility and community, (3) that
safeguards | 16 | | are provided which assure that the establishment,
construction | 17 | | or modification of the health care facility or acquisition
of | 18 | | major medical equipment is consistent
with the public interest, | 19 | | and (4) that the proposed project is consistent
with the | 20 | | orderly and economic
development of such facilities and | 21 | | equipment and is in accord with standards,
criteria, or plans | 22 | | of need adopted and approved pursuant to the
provisions of | 23 | | Section 12 of this Act.
| 24 | | (Source: P.A. 99-154, eff. 7-28-15.)
| 25 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
|
| | | 10000HB0763ham002 | - 26 - | LRB100 03954 RJF 23736 a |
|
| 1 | | (Section scheduled to be repealed on December 31, 2019) | 2 | | Sec. 12. Powers and duties of State Board. For purposes of | 3 | | this Act,
the State Board
shall
exercise the following powers | 4 | | and duties:
| 5 | | (1) Prescribe rules,
regulations, standards, criteria, | 6 | | procedures or reviews which may vary
according to the purpose | 7 | | for which a particular review is being conducted
or the type of | 8 | | project reviewed and which are required to carry out the
| 9 | | provisions and purposes of this Act. Policies and procedures of | 10 | | the State Board shall take into consideration the priorities | 11 | | and needs of medically underserved areas and other health care | 12 | | services, giving special consideration to the impact of | 13 | | projects on access to safety net services.
| 14 | | (2) Adopt procedures for public
notice and hearing on all | 15 | | proposed rules, regulations, standards,
criteria, and plans | 16 | | required to carry out the provisions of this Act.
| 17 | | (3) (Blank).
| 18 | | (4) Develop criteria and standards for health care | 19 | | facilities planning,
conduct statewide inventories of health | 20 | | care facilities, maintain an updated
inventory on the Board's | 21 | | web site reflecting the
most recent bed and service
changes and | 22 | | updated need determinations when new census data become | 23 | | available
or new need formulae
are adopted,
and
develop health | 24 | | care facility plans which shall be utilized in the review of
| 25 | | applications for permit under
this Act. Such health facility | 26 | | plans shall be coordinated by the Board
with pertinent State |
| | | 10000HB0763ham002 | - 27 - | LRB100 03954 RJF 23736 a |
|
| 1 | | Plans. Inventories pursuant to this Section of skilled or | 2 | | intermediate care facilities licensed under the Nursing Home | 3 | | Care Act, skilled or intermediate care facilities licensed | 4 | | under the ID/DD Community Care Act, skilled or intermediate | 5 | | care facilities licensed under the MC/DD Act, facilities | 6 | | licensed under the Specialized Mental Health Rehabilitation | 7 | | Act of 2013, or nursing homes licensed under the Hospital | 8 | | Licensing Act shall be conducted on an annual basis no later | 9 | | than July 1 of each year and shall include among the | 10 | | information requested a list of all services provided by a | 11 | | facility to its residents and to the community at large and | 12 | | differentiate between active and inactive beds.
| 13 | | In developing health care facility plans, the State Board | 14 | | shall consider,
but shall not be limited to, the following:
| 15 | | (a) The size, composition and growth of the population | 16 | | of the area
to be served;
| 17 | | (b) The number of existing and planned facilities | 18 | | offering similar
programs;
| 19 | | (c) The extent of utilization of existing facilities;
| 20 | | (d) The availability of facilities which may serve as | 21 | | alternatives
or substitutes;
| 22 | | (e) The availability of personnel necessary to the | 23 | | operation of the
facility;
| 24 | | (f) Multi-institutional planning and the establishment | 25 | | of
multi-institutional systems where feasible;
| 26 | | (g) The financial and economic feasibility of proposed |
| | | 10000HB0763ham002 | - 28 - | LRB100 03954 RJF 23736 a |
|
| 1 | | construction
or modification; and
| 2 | | (h) In the case of health care facilities established | 3 | | by a religious
body or denomination, the needs of the | 4 | | members of such religious body or
denomination may be | 5 | | considered to be public need.
| 6 | | The health care facility plans which are developed and | 7 | | adopted in
accordance with this Section shall form the basis | 8 | | for the plan of the State
to deal most effectively with | 9 | | statewide health needs in regard to health
care facilities.
| 10 | | (5) Coordinate with other state agencies having | 11 | | responsibilities
affecting health care facilities, including | 12 | | those of licensure and cost
reporting.
| 13 | | (6) Solicit, accept, hold and administer on behalf of the | 14 | | State
any grants or bequests of money, securities or property | 15 | | for
use by the State Board in the administration of this Act; | 16 | | and enter into contracts
consistent with the appropriations for | 17 | | purposes enumerated in this Act.
| 18 | | (7) The State Board shall prescribe procedures for review, | 19 | | standards,
and criteria which shall be utilized
to make | 20 | | periodic reviews and determinations of the appropriateness
of | 21 | | any existing health services being rendered by health care | 22 | | facilities
subject to the Act. The State Board shall consider | 23 | | recommendations of the
Board in making its
determinations.
| 24 | | (8) Prescribe rules, regulations,
standards, and criteria | 25 | | for the conduct of an expeditious review of
applications
for | 26 | | permits for projects of construction or modification of a |
| | | 10000HB0763ham002 | - 29 - | LRB100 03954 RJF 23736 a |
|
| 1 | | health care
facility, which projects are classified as | 2 | | emergency, substantive, or non-substantive in nature. | 3 | | Six months after June 30, 2009 (the effective date of | 4 | | Public Act 96-31), substantive projects shall include no more | 5 | | than the following: | 6 | | (a) Projects to construct (1) a new or replacement | 7 | | facility located on a new site or
(2) a replacement | 8 | | facility located on the same site as the original facility | 9 | | and the cost of the replacement facility exceeds the | 10 | | capital expenditure minimum, which shall be reviewed by the | 11 | | Board within 120 days; | 12 | | (b) Projects proposing a
(1) new service within an | 13 | | existing healthcare facility or
(2) discontinuation of a | 14 | | service within an existing healthcare facility, which | 15 | | shall be reviewed by the Board within 60 days; or | 16 | | (c) Projects proposing a change in the bed capacity of | 17 | | a health care facility by an increase in the total number | 18 | | of beds or by a redistribution of beds among various | 19 | | categories of service or by a relocation of beds from one | 20 | | physical facility or site to another by more than 20 beds | 21 | | or more than 10% of total bed capacity, as defined by the | 22 | | State Board, whichever is less, over a 2-year period. | 23 | | The Chairman may approve applications for exemption that | 24 | | meet the criteria set forth in rules or refer them to the full | 25 | | Board. The Chairman may approve any unopposed application that | 26 | | meets all of the review criteria or refer them to the full |
| | | 10000HB0763ham002 | - 30 - | LRB100 03954 RJF 23736 a |
|
| 1 | | Board. | 2 | | Such rules shall
not prevent the conduct of a public | 3 | | hearing upon the timely request
of an interested party. Such | 4 | | reviews shall not exceed 60 days from the
date the application | 5 | | is declared to be complete.
| 6 | | (9) Prescribe rules, regulations,
standards, and criteria | 7 | | pertaining to the granting of permits for
construction
and | 8 | | modifications which are emergent in nature and must be | 9 | | undertaken
immediately to prevent or correct structural | 10 | | deficiencies or hazardous
conditions that may harm or injure | 11 | | persons using the facility, as defined
in the rules and | 12 | | regulations of the State Board. This procedure is exempt
from | 13 | | public hearing requirements of this Act.
| 14 | | (10) Prescribe rules,
regulations, standards and criteria | 15 | | for the conduct of an expeditious
review, not exceeding 60 | 16 | | days, of applications for permits for projects to
construct or | 17 | | modify health care facilities which are needed for the care
and | 18 | | treatment of persons who have acquired immunodeficiency | 19 | | syndrome (AIDS)
or related conditions.
| 20 | | (10.5) Provide its rationale when voting on an item before | 21 | | it at a State Board meeting in order to comply with subsection | 22 | | (b) of Section 3-108 of the Code of Civil Procedure. | 23 | | (11) Issue written decisions upon request of the applicant | 24 | | or an adversely affected party to the Board. Requests for a | 25 | | written decision shall be made within 15 days after the Board | 26 | | meeting in which a final decision has been made. A "final |
| | | 10000HB0763ham002 | - 31 - | LRB100 03954 RJF 23736 a |
|
| 1 | | decision" for purposes of this Act is the decision to approve | 2 | | or deny an application, or take other actions permitted under | 3 | | this Act, at the time and date of the meeting that such action | 4 | | is scheduled by the Board. The transcript of the State Board | 5 | | meeting shall be incorporated into the Board's final decision. | 6 | | The staff of the Board shall prepare a written copy of the | 7 | | final decision and the Board shall approve a final copy for | 8 | | inclusion in the formal record. The Board shall consider, for | 9 | | approval, the written draft of the final decision no later than | 10 | | the next scheduled Board meeting. The written decision shall | 11 | | identify the applicable criteria and factors listed in this Act | 12 | | and the Board's regulations that were taken into consideration | 13 | | by the Board when coming to a final decision. If the Board | 14 | | denies or fails to approve an application for permit or | 15 | | exemption, the Board shall include in the final decision a | 16 | | detailed explanation as to why the application was denied and | 17 | | identify what specific criteria or standards the applicant did | 18 | | not fulfill. | 19 | | (12) Require at least one of its members to participate in | 20 | | any public hearing, after the appointment of a majority of the | 21 | | members to the Board. | 22 | | (13) Provide a mechanism for the public to comment on, and | 23 | | request changes to, draft rules and standards. | 24 | | (14) Implement public information campaigns to regularly | 25 | | inform the general public about the opportunity for public | 26 | | hearings and public hearing procedures. |
| | | 10000HB0763ham002 | - 32 - | LRB100 03954 RJF 23736 a |
|
| 1 | | (15) Establish a separate set of rules and guidelines for | 2 | | long-term care that recognizes that nursing homes are a | 3 | | different business line and service model from other regulated | 4 | | facilities. An open and transparent process shall be developed | 5 | | that considers the following: how skilled nursing fits in the | 6 | | continuum of care with other care providers, modernization of | 7 | | nursing homes, establishment of more private rooms, | 8 | | development of alternative services, and current trends in | 9 | | long-term care services.
The Chairman of the Board shall | 10 | | appoint a permanent Health Services Review Board Long-term Care | 11 | | Facility Advisory Subcommittee that shall develop and | 12 | | recommend to the Board the rules to be established by the Board | 13 | | under this paragraph (15). The Subcommittee shall also provide | 14 | | continuous review and commentary on policies and procedures | 15 | | relative to long-term care and the review of related projects. | 16 | | The Subcommittee shall make recommendations to the Board no | 17 | | later than January 1, 2016 and every January thereafter | 18 | | pursuant to the Subcommittee's responsibility for the | 19 | | continuous review and commentary on policies and procedures | 20 | | relative to long-term care. In consultation with other experts | 21 | | from the health field of long-term care, the Board and the | 22 | | Subcommittee shall study new approaches to the current bed need | 23 | | formula and Health Service Area boundaries to encourage | 24 | | flexibility and innovation in design models reflective of the | 25 | | changing long-term care marketplace and consumer preferences | 26 | | and submit its recommendations to the Chairman of the Board no |
| | | 10000HB0763ham002 | - 33 - | LRB100 03954 RJF 23736 a |
|
| 1 | | later than January 1, 2017. The Subcommittee shall evaluate, | 2 | | and make recommendations to the State Board regarding, the | 3 | | buying, selling, and exchange of beds between long-term care | 4 | | facilities within a specified geographic area or drive time. | 5 | | The Board shall file the proposed related administrative rules | 6 | | for the separate rules and guidelines for long-term care | 7 | | required by this paragraph (15) by no later than September 30, | 8 | | 2011. The Subcommittee shall be provided a reasonable and | 9 | | timely opportunity to review and comment on any review, | 10 | | revision, or updating of the criteria, standards, procedures, | 11 | | and rules used to evaluate project applications as provided | 12 | | under Section 12.3 of this Act. | 13 | | The Chairman of the Board shall appoint voting members of | 14 | | the Subcommittee, who shall serve for a period of 3 years, with | 15 | | one-third of the terms expiring each January, to be determined | 16 | | by lot. Appointees shall include, but not be limited to, | 17 | | recommendations from each of the 3 statewide long-term care | 18 | | associations, with an equal number to be appointed from each. | 19 | | Compliance with this provision shall be through the appointment | 20 | | and reappointment process. All appointees serving as of April | 21 | | 1, 2015 shall serve to the end of their term as determined by | 22 | | lot or until the appointee voluntarily resigns, whichever is | 23 | | earlier. | 24 | | One representative from the Department of Public Health, | 25 | | the Department of Healthcare and Family Services, the | 26 | | Department on Aging, and the Department of Human Services may |
| | | 10000HB0763ham002 | - 34 - | LRB100 03954 RJF 23736 a |
|
| 1 | | each serve as an ex-officio non-voting member of the | 2 | | Subcommittee. The Chairman of the Board shall select a | 3 | | Subcommittee Chair, who shall serve for a period of 3 years. | 4 | | (16) Prescribe the format of the State Board Staff Report. | 5 | | A State Board Staff Report shall pertain to applications that | 6 | | include, but are not limited to, applications for permit or | 7 | | exemption, applications for permit renewal, applications for | 8 | | extension of the financial commitment obligation period, | 9 | | applications requesting a declaratory ruling, or applications | 10 | | under the Health Care Worker Self-Referral Act. State Board | 11 | | Staff Reports shall compare applications to the relevant review | 12 | | criteria under the Board's rules. | 13 | | (17) Establish a separate set of rules and guidelines for | 14 | | facilities licensed under the Specialized Mental Health | 15 | | Rehabilitation Act of 2013. An application for the | 16 | | re-establishment of a facility in connection with the | 17 | | relocation of the facility shall not be granted unless the | 18 | | applicant has a contractual relationship with at least one | 19 | | hospital to provide emergency and inpatient mental health | 20 | | services required by facility consumers, and at least one | 21 | | community mental health agency to provide oversight and | 22 | | assistance to facility consumers while living in the facility, | 23 | | and appropriate services, including case management, to assist | 24 | | them to prepare for discharge and reside stably in the | 25 | | community thereafter. No new facilities licensed under the | 26 | | Specialized Mental Health Rehabilitation Act of 2013 shall be |
| | | 10000HB0763ham002 | - 35 - | LRB100 03954 RJF 23736 a |
|
| 1 | | established after June 16, 2014 (the effective date of Public | 2 | | Act 98-651) except in connection with the relocation of an | 3 | | existing facility to a new location. An application for a new | 4 | | location shall not be approved unless there are adequate | 5 | | community services accessible to the consumers within a | 6 | | reasonable distance, or by use of public transportation, so as | 7 | | to facilitate the goal of achieving maximum individual | 8 | | self-care and independence. At no time shall the total number | 9 | | of authorized beds under this Act in facilities licensed under | 10 | | the Specialized Mental Health Rehabilitation Act of 2013 exceed | 11 | | the number of authorized beds on June 16, 2014 (the effective | 12 | | date of Public Act 98-651). | 13 | | (Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; | 14 | | 98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. | 15 | | 7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277, | 16 | | eff. 8-5-15; 99-527, eff. 1-1-17; 99-642, eff. 7-28-16 .)".
|
|