Public Act 099-0767
HB4370 EnrolledLRB099 15652 RPS 39946 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    (20 ILCS 2310/2310-685 rep.)
    Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by repealing Section 2310-685 (as added by Public Act
    Section 10. The Illinois Health Facilities Planning Act is
amended by changing Section 5.3 as follows:
    (20 ILCS 3960/5.3)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 5.3. Annual report of capital expenditures.
    (a) In addition to the State Board's authority to require
reports, the State Board shall require each health care
facility to submit an annual report of all capital expenditures
in excess of $200,000 (which shall be annually adjusted to
reflect the increase in construction costs due to inflation)
made by the health care facility during the most recent year.
This annual report shall consist of a brief description of the
capital expenditure, the amount and method of financing the
capital expenditure, the certificate of need project number if
the project was reviewed, and the total amount of capital
expenditures obligated for the year. Data collected from health
care facilities pursuant to this Section shall not duplicate or
overlap other data collected by the Department and must be
collected as part of the State Board's Annual Questionnaires or
supplements for health care facilities that report these data.
    (b)(1) For the purposes of this subsection (b), "capital
expenditures" means only expenditures required under
subsection (a) for the erection, building, alteration,
reconstruction, modernization, improvement, extension, or
demolition of or by a hospital.
    (2) If a hospital under the University of Illinois Hospital
Act or Hospital Licensing Act that has more than 100 beds
reports capital expenditures at or above the amount required
under subsection (a), then the hospital shall also meet the
reporting requirements under this subsection (b) for
female-owned, minority-owned, veteran-owned, and small
business enterprises with respect to those reported capital
    (3) Each hospital shall include the following information
in its annual report:
        (A) The hospital's capital expenditure spending goals
    for female-owned, minority-owned, veteran-owned, and small
    business enterprises. These goals shall be expressed as a
    percentage of total capital expenditures reported by the
    hospital submitting the report.
        (B) The hospital's actual capital expenditure spending
    for female-owned, minority-owned, veteran-owned, and small
    business enterprises. These actual expenditures shall be
    expressed as a percentage of total capital expenditures
    reported by the hospital submitting the report. The report
    may include actual spending on female-owned,
    minority-owned, veteran-owned, and small business
    enterprises that is less than the capital expenditure
    threshold required to be reported under subsection (a) of
    this Section.
        (C) The type or types of capital expenditure for which
    the hospital shall be actively seeking supplier diversity
    in the next year.
        (D) An outline of the plan developed to alert and
    encourage female-owned, minority-owned, veteran-owned, and
    small business enterprises providing the type or types of
    services identified in subparagraph (C) to seek business
    from the hospital.
        (E) An explanation of the challenges faced in finding
    quality vendors and any suggestions for what the Health
    Facilities and Services Review Board could do to be helpful
    to identify those vendors.
        (F) A list of the certifications the hospital
        (G) The point of contact for any potential vendor who
    wishes to do business with the hospital and an explanation
    of the process for a vendor to enroll with the hospital as
    a female-owned, minority-owned, veteran-owned, or small
    business enterprise.
        (H) Any particular success stories to encourage other
    hospitals to emulate best practices.
    (4) A health care system may develop a system-wide annual
report that includes all hospitals in order to comply with the
requirements of this subsection (b). Each annual report shall
include as much State-specific data as possible. If the
submitting entity does not submit State-specific data, then the
hospital shall include any national data it does have and
explain why it could not submit State-specific data and how it
intends to do so in future reports, if possible.
    (5) Subject to appropriation, the Department of Central
Management Services shall hold an annual workshop open to the
public in 2017 and every year thereafter on the state of
supplier diversity to collaboratively seek solutions to
structural impediments to achieving stated goals, including
testimony from subject matter experts.
    (6) The Health Facilities and Services Review Board shall
publish a database on its website of the point of contact for
each hospital for supplier diversity, along with a list of
certifications each hospital recognizes from the information
submitted in each annual report. The Health Facilities and
Services Review Board shall publish each annual report on its
website and shall maintain each annual report for at least 5
    (7) Notwithstanding any other provision of law, the Health
Facilities and Services Review Board shall not inquire about,
review, obtain, or in any other way consider the information
provided in this Section when reviewing an application for a
permit or exemption or in taking any other action under this
    (8) The annual report required under this subsection (b)
shall be submitted by each hospital for its fiscal years that
begin at least 6 months after the effective date of this
amendatory Act of the 99th General Assembly.
(Source: P.A. 98-1086, eff. 8-26-14.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2016