Illinois General Assembly - Full Text of Public Act 094-0983
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Public Act 094-0983




Public Act 094-0983
SB2436 Enrolled LRB094 17968 RCE 53271 b

    AN ACT concerning health facilities.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Health Facilities Planning Act is
amended by changing Sections 12, 13, and 19.6 as follows:
    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
    (1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act.
    (2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
    (3) Prescribe criteria for recognition for areawide health
planning organizations, including, but not limited to,
standards for evaluating the scientific bases for judgments on
need and procedure for making these determinations.
    (4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the
Department's web site reflecting the most recent bed and
service changes and updated need determinations when new census
data become available or new need formulae are adopted, and
develop health care facility plans which shall be utilized in
the review of applications for permit under this Act. Such
health facility plans shall be coordinated by the Agency with
the health care facility plans areawide health planning
organizations and with other pertinent State Plans.
Inventories pursuant to this Section of skilled or intermediate
care facilities licensed under the Nursing Home Care Act or
nursing homes licensed under the Hospital Licensing Act shall
be conducted on an annual basis no later than July 1 of each
year and shall include among the information requested a list
of all services provided by a facility to its residents and to
the community at large and differentiate between active and
inactive beds.
    In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
        (a) The size, composition and growth of the population
    of the area to be served;
        (b) The number of existing and planned facilities
    offering similar programs;
        (c) The extent of utilization of existing facilities;
        (d) The availability of facilities which may serve as
    alternatives or substitutes;
        (e) The availability of personnel necessary to the
    operation of the facility;
        (f) Multi-institutional planning and the establishment
    of multi-institutional systems where feasible;
        (g) The financial and economic feasibility of proposed
    construction or modification; and
        (h) In the case of health care facilities established
    by a religious body or denomination, the needs of the
    members of such religious body or denomination may be
    considered to be public need.
    The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
    (5) Coordinate with other state agencies having
responsibilities affecting health care facilities, including
those of licensure and cost reporting.
    (6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or recognized areawide health
planning organizations in the administration of this Act; and
enter into contracts consistent with the appropriations for
purposes enumerated in this Act.
    (7) The State Board shall prescribe, in consultation with
the recognized areawide health planning organizations,
procedures for review, standards, and criteria which shall be
utilized to make periodic areawide reviews and determinations
of the appropriateness of any existing health services being
rendered by health care facilities subject to the Act. The
State Board shall consider recommendations of the areawide
health planning organization and the Agency in making its
    (8) Prescribe, in consultation with the recognized
areawide health planning organizations, rules, regulations,
standards, and criteria for the conduct of an expeditious
review of applications for permits for projects of construction
or modification of a health care facility, which projects are
non-substantive in nature. Such rules shall not abridge the
right of areawide health planning organizations to make
recommendations on the classification and approval of
projects, nor shall such rules prevent the conduct of a public
hearing upon the timely request of an interested party. Such
reviews shall not exceed 60 days from the date the application
is declared to be complete by the Agency.
    (9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
    (10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
(Source: P.A. 93-41, eff. 6-27-03.)
    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 13. Investigation of applications for permits and
certificates of recognition. The Agency or the State Board
shall make or cause to be made such investigations as it or the
State Board deems necessary in connection with an application
for a permit or an application for a certificate of
recognition, or in connection with a determination of whether
or not construction or modification which 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
    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, or the End
Stage Renal Disease Facility Act. These questionnaires shall be
conducted on an annual basis and compiled by the Agency. For
health care facilities licensed under the Nursing Home Care
Act, 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. 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 or (ii) licensed
under the Hospital Licensing Act and certified as skilled
nursing or nursing facility beds under Medicaid or Medicare.
(Source: P.A. 93-41, eff. 6-27-03.)
    (20 ILCS 3960/19.6)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 19.6. Repeal. This Act is repealed on April 1, 2007
July 1, 2006.
(Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/30/2006