[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Governor's Message ] |
92_HB3071enr HB3071 Enrolled LRB9205023LBmg 1 AN ACT concerning health facilities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Hospital Licensing Act is amended by 5 changing Section 8 as follows: 6 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149) 7 Sec. 8. Facility plan review; fees. 8 (a) Before commencing construction of new facilities or 9 specified types of alteration or additions to an existing 10 hospital involving major construction, as defined by rule by 11 the Department, with an estimated cost greater than $100,000, 12 architectural plans and specifications therefor shall be 13 submitted by the licensee to the Department for review and 14 approval. A hospital may submit architectural drawings and 15 specifications for other construction projects for Department 16 review according to subsection (b) that shall not be subject 17 to fees under subsection (d). Review of drawings and 18 specifications shall be conducted by an employee of the 19 Department meeting the qualifications established by the 20 Department of Central Management Services class 21 specifications for such an individual's position or by a 22 person contracting with the Department who meets those class 23 specifications. Final approval of the plans and 24 specifications for compliance with design and construction 25 standards shall be obtained from the Department before the 26 alteration, addition, or new construction is begun. 27 (b) The Department shall inform an applicant in writing 28 within 10 working days after receiving drawings and 29 specifications and the required fee, if any, from the 30 applicant whether the applicant's submission is complete or 31 incomplete. Failure to provide the applicant with this HB3071 Enrolled -2- LRB9205023LBmg 1 notice within 10 working days shall result in the submission 2 being deemed complete for purposes of initiating the 60-day 3 review period under this Section. If the submission is 4 incomplete, the Department shall inform the applicant of the 5 deficiencies with the submission in writing. If the 6 submission is complete and the required fee, if any, has been 7 paid, the Department shall approve or disapprove drawings and 8 specifications submitted to the Department no later than 60 9 days following receipt by the Department. The drawings and 10 specifications shall be of sufficient detail, as provided by 11 Department rule, to enable the Department to render a 12 determination of compliance with design and construction 13 standards under this Act. If the Department finds that the 14 drawings are not of sufficient detail for it to render a 15 determination of compliance, the plans shall be determined to 16 be incomplete and shall not be considered for purposes of 17 initiating the 60 day review period. If a submission of 18 drawings and specifications is incomplete, the applicant may 19 submit additional information. The 60-day review period 20 shall not commence until the Department determines that a 21 submission of drawings and specifications is complete or the 22 submission is deemed complete. If the Department has not 23 approved or disapproved the drawings and specifications 24 within 60 days, the construction, major alteration, or 25 addition shall be deemed approved. If the drawings and 26 specifications are disapproved, the Department shall state in 27 writing, with specificity, the reasons for the disapproval. 28 The entity submitting the drawings and specifications may 29 submit additional information in response to the written 30 comments from the Department or request a reconsideration of 31 the disapproval. A final decision of approval or disapproval 32 shall be made within 45 days of the receipt of the additional 33 information or reconsideration request. If denied, the 34 Department shall state the specific reasons for the denial. HB3071 Enrolled -3- LRB9205023LBmg 1 (c) The Department shall provide written approval for 2 occupancy pursuant to subsection (g) and shall not issue a 3 violation to a facility as a result of a licensure or 4 complaint survey based upon the facility's physical structure 5 if: 6 (1) the Department reviewed and approved or deemed 7 approved the drawing and specifications for compliance 8 with design and construction standards; 9 (2) the construction, major alteration, or addition 10 was built as submitted; 11 (3) the law or rules have not been amended since 12 the original approval; and 13 (4) the conditions at the facility indicate that 14 there is a reasonable degree of safety provided for the 15 patients. 16 (d) The Department shall charge the following fees in 17 connection with its reviews conducted before June 30, 2004 18 under this Section: 19 (1) (Blank). 20 (2) (Blank). 21 (3) (Blank).If the estimated dollar value of the22alteration, addition, or new construction is $100,000 or23more but less than $500,000, the fee shall be the greater24of $2,400 or 1.2% of that value.25 (4) If the estimated dollar value of the 26 alteration, addition, or new construction is $500,000 or 27 more but less than $1,000,000, the fee shall be 0.70%the28greater of $6,000 or 0.96%of that value. 29 (5) If the estimated dollar value of the 30 alteration, addition, or new construction is $1,000,000 31 or more but less than $5,000,000, the fee shall be 0.15% 32the greater of $9,600 or 0.22%of that value. 33 (6) If the estimated dollar value of the 34 alteration, addition, or new construction is $5,000,000 HB3071 Enrolled -4- LRB9205023LBmg 1 or more, the fee shall be 0.08%the greater of $11,000 or20.11%of that value, but shall not exceed $40,000. 3 The estimated dollar value of the alteration, addition, 4 or new construction that results in the requirement for 5 Department review in subsection (d) of this Section shall be 6 annually adjusted to reflect the increase in construction 7 costs due to inflation. 8 The fees provided in this subsection (d) shall not apply 9 to major construction projects involving facility changes 10 that are required by Department rule amendments. 11 The fees provided in this subsection (d) shall also not 12 apply to major construction projects if 51% or more of the 13 estimated cost of the project is attributed to capital 14 equipment. For major construction projects where 51% or more 15 of the estimated cost of the project is attributed to capital 16 equipment, the Department shall by rule establish a fee that 17 is reasonably related to the cost of reviewing the project. 18 The Department shall not commence the facility plan 19 review process under this Section until the applicable fee 20 has been paid. 21 (e) All fees received by the Department under this 22 Section shall be deposited into the Health Facility Plan 23 Review Fund, a special fund created in the State treasury. 24 All fees paid by hospitals under subsection (d) shall be used 25 only to cover the costs relating to the Department's review 26 of hospital projects under this Section. Moneys shall be 27 appropriated from that Fund to the Department only to pay the 28 costs of conducting reviews under this Section. None of the 29 moneys in the Health Facility Plan Review Fund shall be used 30 to reduce the amount of General Revenue Fund moneys 31 appropriated to the Department for facility plan reviews 32 conducted pursuant to this Section. 33 (f) (1) The provisions of this amendatory Act of 1997 34 concerning drawings and specifications shall apply only HB3071 Enrolled -5- LRB9205023LBmg 1 to drawings and specifications submitted to the 2 Department on or after October 1, 1997. 3 (2) On and after the effective date of this 4 amendatory Act of 1997 and before October 1, 1997, an 5 applicant may submit or resubmit drawings and 6 specifications to the Department and pay the fees 7 provided in subsection (d). If an applicant pays the 8 fees provided in subsection (d) under this paragraph (2), 9 the provisions of subsection (b) shall apply with regard 10 to those drawings and specifications. 11 (g) The Department shall conduct an on-site inspection 12 of the completed project no later than 30 days after 13 notification from the applicant that the project has been 14 completed and all certifications required by the Department 15 have been received and accepted by the Department. The 16 Department shall provide written approval for occupancy to 17 the applicant within 5 working days of the Department's final 18 inspection, provided the applicant has demonstrated 19 substantial compliance as defined by Department rule. 20 Occupancy of new major construction is prohibited until 21 Department approval is received, unless the Department has 22 not acted within the time frames provided in this subsection 23 (g), in which case the construction shall be deemed approved. 24 Occupancy shall be authorized after any required health 25 inspection by the Department has been conducted. 26 (h) The Department shall establish, by rule, a procedure 27 to conduct interim on-site review of large or complex 28 construction projects. 29 (i) The Department shall establish, by rule, an 30 expedited process for emergency repairs or replacement of 31 like equipment. 32 (j) Nothing in this Section shall be construed to apply 33 to maintenance, upkeep, or renovation that does not affect 34 the structural integrity of the building, does not add beds HB3071 Enrolled -6- LRB9205023LBmg 1 or services over the number for which the facility is 2 licensed, and provides a reasonable degree of safety for the 3 patients. 4 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98; 5 91-712, eff. 7-1-00.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.