TITLE 77: PUBLIC HEALTH
SUBPART A: STATUTORY AUTHORITY, DEFINITIONS, INTRODUCTION AND APPLICABILITY
SUBPART B: INFORMATION REQUIREMENTS AND REVIEW CRITERIA
SUBPART C: FINANCIAL FEASIBILITY REVIEW CRITERIA SUBPART D: ECONOMIC FEASIBILITY REVIEW CRITERIA |
AUTHORITY: Authorized by Section 12 of and implementing the Illinois Health Facilities Planning Act [20 ILCS 3960].
SOURCE: Emergency amendments at 16 Ill. Reg. 13132, effective August 4, 1992, for a maximum of 150 days; emergency expired on January 1, 1993; adopted at 17 Ill. Reg. 4431, effective March 22, 1993; recodified at 20 Ill. Reg. 2596; amended at 21 Ill. Reg. 15872, effective January 1, 1998; amended at 24 Ill. Reg. 6052, effective April 7, 2000; amended at 27 Ill. Reg. 2960, effective February 21, 2003; amended at 34 Ill. Reg. 6143, effective April 13, 2010; amended at 40 Ill. Reg. 14067, effective September 27, 2016.
SUBPART A: STATUTORY AUTHORITY, DEFINITIONS, INTRODUCTION AND APPLICABILITY
Section 1120.10 Statutory Authority and Definitions
a) Statutory Authority
This Part is filed pursuant to Section 12 of the Illinois Health Facilities Planning Act (Act) [20 ILCS 3960/12]. A public hearing on this Part was held in accordance with the provisions of Section 12 of the Act. A record of the public hearing on this Part is available for inspection at the HFSRB offices at 525 West Jefferson Street, Springfield IL 62761.
b) Definitions
1) "Agency" means the Illinois Department of Public Health (DPH).
2) "Audit" means the most recent formal examination, correction and official endorsement of financial reports by an independent certified public accountant that is in accordance with generally accepted auditing standards.
3) "Capital Expenditure" means an expenditure as defined in Section 3 of the Act [20 ILCS 3960/3] and includes expenditures made by, through, or on behalf of a health care facility as specified at 77 Ill. Adm. Code 1130.
4) "Debt Financing" means all or any portion of project costs financed through borrowing. Leasing, for purposes of this Part, is considered borrowing. Portions of lease payments that are for service, insurance, or other noncapital costs are not considered borrowing.
5) "Economically Feasible" means the costs of financing, constructing, acquiring, and operating a proposed project are reasonable and the expected impact of the project's operating and capital costs on the overall costs of health care are reasonable.
6) "Estimated Total Project Cost" means the dollar amount of all expenditures or other transactions estimated to complete a project. This amount includes all items that are to be capitalized and also includes the fair market value of any items that may be acquired through lease, donation, gift or other means.
7) "Fair Market Value" means the dollar value of a project or any component of a project that is accomplished by lease, donation, gifts or any other means that would have been required for purchase, construction, or acquisition.
8) "Financially Feasible" means that funds are available or will be obtained, and that are equal to or in excess of the estimated total project and related costs, without jeopardizing the applicant's financial viability.
(Source: Amended at 40 Ill. Reg. 14067, effective September 27, 2016)
Section 1120.20 Financial and Economic Feasibility – Introduction and Applicability
a) Introduction
1) This Section contains the review criteria that pertain to the financial and economic feasibility of a project. HSFRB shall consider a project's conformance with these criteria (as applicable), as well as a project's conformance with all other applicable review criteria.
2) Applications shall be subject to this Part except for those that are classified as emergency, those requesting a certificate of exemption, those for long-term care facilities and categories of service, and those that have no estimated project cost.
b) Financial Information of Applicants
1) Applicants shall be identified, specifying their roles in the project funding or guaranteeing the funding (sole responsibility or shared) and percentage of participation in that funding.
2) Applicants shall submit the following, if applicable:
A) Current bond rating − The rating must have been affirmed within the latest 18-month period prior to the submittal of the application; and
B) Both:
i) Most recent audited financial statement; or evidence of a performance bond; or evidence of an escrow account with the cash that is being used for the subject project; and
ii) a commitment letter from a loan agency verifying the debt agreement.
3) Sections 1120.120, 1120.130 and 1120.140(a) do not need to be addressed by the applicants responsible for funding or guaranteeing the funding of the project if the applicant has a bond rating of A- or better from Fitch's or Standard and Poor's rating agencies, or A3 or better from Moody's (the rating must have been affirmed within the latest 18-month period prior to the submittal of the application).
c) Charity Care
1) Applicants shall indicate the amount of charity care provided during the latest three audited fiscal years, the cost of charity care and the ratio of that charity care cost to net patient revenue.
2) If the applicant owns or operates one or more facilities, the reporting shall be for each individual facility located in Illinois. If charity care costs are reported on a consolidated basis, the applicant shall provide documentation as to the cost of charity care; the ratio of that charity care to the net patient revenue for the consolidated financial statement; the allocation of charity care costs; and the ratio of charity care cost to net patient revenue for the facility under review.
3) If the applicant is not an existing facility, it shall submit the facility's projected patient mix by payer source, anticipated charity care expense and projected ratio of charity care to net patient revenue by the end of its second year of operation.
d) Project Types and Applicable Review Criteria
1) Unless otherwise stated, only the applicants that are responsible for funding or guaranteeing funding of the project shall provide the documentation required by the applicable review criteria.
2) For projects owned/operated by the State of Illinois, exclusive of the University of Illinois hospital, the following review criteria apply:
A) Section 1120.110 Project and Related Cost Data – Review Criteria;
B) Section 1120.120 Availability of Funds – Review Criteria;
C) Section 1120.130 Financial Viability − Review Criteria; and
D) Section 1120.140 Economic Feasibility − Review Criteria:
i) Subsection (c) Reasonableness of Project and Related Cost – Review Criteria;
ii) Subsection (d) Projected Operating Cost.
3) For all projects except those owned/operated by the State of Illinois, exclusive of the University of Illinois hospital, all Sections in this Part apply.
(Source: Amended at 40 Ill. Reg. 14067, effective September 27, 2016)