(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
(Section scheduled to be repealed on December 31, 2029)
Sec. 13. Investigation of applications for permits. The State Board shall make or cause to be made
such investigations as it deems necessary in connection
with an application for a permit, or in connection with a determination of whether or not
construction
or modification that has been commenced is in accord with the permit issued
by the State Board, or whether construction or modification has been commenced
without a permit having been obtained. The State Board may issue subpoenas
duces tecum requiring the production of records and may administer oaths
to such witnesses.
Any circuit court of this State, upon the application of the State Board
or upon the application of any party to such proceedings, may, in its
discretion,
compel the attendance of witnesses, the production of books, papers, records,
or memoranda and the giving of testimony before the State Board, by a
proceeding
as for contempt, or otherwise, in the same manner as production of evidence
may be compelled before the court.
The State Board shall require all health facilities operating
in this State
to provide such reasonable reports at such times and containing such
information
as is needed by it to carry out the purposes and provisions of this Act.
Prior to collecting information from health facilities, the State Board
shall make reasonable efforts
through a public process to consult with health facilities and associations
that represent them to determine
whether data and information requests will result in useful information for
health planning, whether
sufficient information is available from other sources, and whether data
requested is routinely collected
by health facilities and is available without retrospective record review. Data
and information requests
shall not impose undue paperwork burdens on health care facilities and
personnel.
Health facilities not complying with this requirement shall be reported
to licensing, accrediting, certifying, or payment agencies as being in
violation
of State law. Health care facilities and other parties at interest shall
have reasonable access, under rules established by the State Board, to all
planning information submitted in accord with this Act pertaining to their
area.
Among the reports to be required by the State Board are facility questionnaires for health care facilities licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, the Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013 and health care facilities that are required to meet the requirements of 42 CFR 494 in order to be certified for participation in Medicare and Medicaid under Titles XVIII and XIX of the federal Social Security Act. These questionnaires shall be conducted on an annual basis and compiled by the State Board. For health care facilities licensed under the Nursing Home Care Act or the Specialized Mental Health Rehabilitation Act of 2013, these reports shall include, but not be limited to, the identification of specialty services provided by the facility to patients, residents, and the community at large. Annual reports for facilities licensed under the ID/DD Community Care Act and facilities licensed under the MC/DD Act shall be different from the annual reports required of other health care facilities and shall be specific to those facilities licensed under the ID/DD Community Care Act or the MC/DD Act. The Health Facilities and Services Review Board shall consult with associations representing facilities licensed under the ID/DD Community Care Act and associations representing facilities licensed under the MC/DD Act when developing the information requested in these annual reports. For health care facilities that contain long term care beds, the reports shall also include the number of staffed long term care beds, physical capacity for long term care beds at the facility, and long term care beds available for immediate occupancy. For purposes of this paragraph, "long term care beds" means beds
(i) licensed under the Nursing Home Care Act, (ii) licensed under the ID/DD Community Care Act, (iii) licensed under the MC/DD Act, (iv) licensed under the Hospital Licensing Act, or (v) licensed under the Specialized Mental Health Rehabilitation Act of 2013 and certified as skilled nursing or nursing facility beds under Medicaid or Medicare.
(Source: P.A. 100-681, eff. 8-3-18; 100-957, eff. 8-19-18; 101-81, eff. 7-12-19.)
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