State of Illinois
92nd General Assembly
Legislation

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92_SB2004

 
                                              LRB9213317ACcdA

 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
 
                            -2-               LRB9213317ACcdA
 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.
 
                            -3-               LRB9213317ACcdA
 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)  If  the  estimated  dollar  value  of the major
22        alteration, addition,  or  new  construction  is  greater
23        $100,000 or more but less than $500,000, the fee shall be
24        established  by  the  Department  pursuant  to rules that
25        reflect the reasonable and direct cost of the  Department
26        in  conducting  the  architectural reviews required under
27        this Section. The estimated dollar  value  of  the  major
28        construction  subject  to review under this Section shall
29        be  annually  readjusted  to  reflect  the  increase   in
30        construction costs due to inflation the greater of $2,400
31        or 1.2% of that value.
32             (4)  If   the   estimated   dollar   value   of  the
33        alteration, addition, or new construction is $500,000  or
34        more  but  less  than  $1,000,000,  the  fee shall be the
 
                            -4-               LRB9213317ACcdA
 1        greater of $6,000 or 0.96% of that value.
 2             (5)  If  the   estimated   dollar   value   of   the
 3        alteration,  addition,  or new construction is $1,000,000
 4        or more but less than $5,000,000, the fee  shall  be  the
 5        greater of $9,600 or 0.22% of that value.
 6             (6)  If   the   estimated   dollar   value   of  the
 7        alteration, addition, or new construction  is  $5,000,000
 8        or more, the fee shall be the greater of $11,000 or 0.11%
 9        of that value, but shall not exceed $40,000.
10        The  fees provided in this subsection (d) shall not apply
11    to major construction  projects  involving  facility  changes
12    that are required by Department rule amendments.
13        The  fees  provided in this subsection (d) shall also not
14    apply to major construction projects if 51% or  more  of  the
15    estimated  cost  of  the  project  is  attributed  to capital
16    equipment.  For major construction projects where 51% or more
17    of the estimated cost of the project is attributed to capital
18    equipment, the Department shall by rule establish a fee  that
19    is reasonably related to the cost of reviewing the project.
20        The  Department  shall  not  commence  the  facility plan
21    review process under this Section until  the  applicable  fee
22    has been paid.
23        (e)  All  fees  received  by  the  Department  under this
24    Section shall be deposited  into  the  Health  Facility  Plan
25    Review  Fund,  a  special fund created in the State treasury.
26    All fees paid by hospitals under subsection (d) shall be used
27    only to cover the direct and reasonable costs relating to the
28    Department's review of hospital projects under this  Section.
29    Moneys shall be appropriated from that Fund to the Department
30    only  to  pay  the  costs  of  conducting  reviews under this
31    Section. None of the  moneys  in  the  Health  Facility  Plan
32    Review  Fund  shall  be  used to reduce the amount of General
33    Revenue  Fund  moneys  appropriated  to  the  Department  for
34    facility plan reviews conducted pursuant to this Section.
 
                            -5-               LRB9213317ACcdA
 1        (f) (Blank). (1)  The provisions of this  amendatory  Act
 2        of  1997  concerning  drawings  and  specifications shall
 3        apply only to drawings and  specifications  submitted  to
 4        the Department on or after October 1, 1997.
 5             (2)  On   and  after  the  effective  date  of  this
 6        amendatory Act of 1997 and before  October  1,  1997,  an
 7        applicant   may   submit   or   resubmit   drawings   and
 8        specifications   to  the  Department  and  pay  the  fees
 9        provided in subsection (d).  If  an  applicant  pays  the
10        fees provided in subsection (d) under this paragraph (2),
11        the  provisions of subsection (b) shall apply with regard
12        to those drawings and specifications.
13        (g)  The Department shall conduct an  on-site  inspection
14    of  the  completed  project  no  later  than  30  days  after
15    notification  from  the  applicant  that the project has been
16    completed and all certifications required by  the  Department
17    have  been  received  and  accepted  by  the Department.  The
18    Department shall provide written approval  for  occupancy  to
19    the applicant within 5 working days of the Department's final
20    inspection,   provided   the   applicant   has   demonstrated
21    substantial   compliance   as  defined  by  Department  rule.
22    Occupancy of  new  major  construction  is  prohibited  until
23    Department  approval  is  received, unless the Department has
24    not acted within the time frames provided in this  subsection
25    (g), in which case the construction shall be deemed approved.
26    Occupancy  shall  be  authorized  after  any  required health
27    inspection by the Department has been conducted.
28        (h)  The Department shall establish, by rule, a procedure
29    to  conduct  interim  on-site  review  of  large  or  complex
30    construction projects.
31        (i)  The  Department  shall  establish,   by   rule,   an
32    expedited  process  for  emergency  repairs or replacement of
33    like equipment.
34        (j)  Nothing in this Section shall be construed to  apply
 
                            -6-               LRB9213317ACcdA
 1    to  maintenance,  upkeep,  or renovation that does not affect
 2    the structural integrity of the building, does not  add  beds
 3    or  services  over  the  number  for  which  the  facility is
 4    licensed, and provides a reasonable degree of safety for  the
 5    patients.
 6    (Source:  P.A.  90-327,  eff.  8-8-97;  90-600, eff. 6-25-98;
 7    91-712, eff. 7-1-00.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.

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