Section 1130.130  Purpose

a)         The purpose of the Act is to establish a procedure:

1)         which requires a person establishing, constructing or modifying a health care facility to have the qualifications, background, character and financial resources to adequately provide a proper service for the community;

2)         that promotes the orderly and economic development of health care facilities in the State of Illinois that avoids unnecessary duplication of such facilities; and

3)         that promotes planning for and development of health care facilities needed for comprehensive health care especially in areas where the health planning process has identified unmet needs.  (Section 2 of the Act)

b)         This program is established to:

1)         improve the financial ability of the public to obtain necessary health services;

2)         establish an orderly and comprehensive health care delivery system that will guarantee the availability of quality health care to the general public;

3)         maintain and improve the provision of essential health care services and increase the accessibility of those services to the medically underserved and indigent;

4)         assure that the reduction and closure of health care services or facilities is performed in an orderly and timely manner, and that these actions are deemed to be in the best interests of the public; and

5)         assess the financial burden to patients caused by unnecessary health care construction and modification. (Section 2 of the Act) 

c)         Decisions regarding proposed new health services and facilities shall be based on community health needs in Illinois.  The burden of proof on all issues pertaining to an application shall be on the applicant.

(Source:  Amended at 49 Ill. Reg. 8366, effective July 1, 2025)

Section 1130.140  Definitions

Unless otherwise provided in 77 Ill. Adm. Code 1100, 1110, 1120, 1125, 1130, 1235, and 1260, or unless a different meaning of a word or term is clear from the context, the following definitions also apply to the State Board's rules in 77 Ill. Adm. Code 1100, 1110, 1120, 1125, 1130, 1235, and 1260:

"Act" means the Illinois Health Facilities Planning Act [20 ILCS 3960].

"Administrative Law Judge" or "ALJ" means the person appointed to preside at administrative hearings under Subpart J and pursuant to the Act.

"Administrator" means the chief executive officer of HFSRB, responsible to the HFSRB Chairman and, through the Chairman, responsible to HFSRB for the execution of its policies and procedures.

"Adverse Action" means a disciplinary action taken by IDPH, CMMS, or any other State or federal agency against a person or entity that owns or operates licensed or Medicare or Medicaid certified healthcare facility in the State of Illinois.  These actions include, but are not limited to, all Type "A" and Type "AA" violations.  As defined in Section 1-129 of the Nursing Home Care Act [210 ILCS 45], "Type 'A' violation" means a violation of the Nursing Home Care Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that (i) creates a substantial probability that the risk of death or serious mental or physical harm to a resident will result therefrom or (ii) has resulted in actual physical or mental harm to a resident. As defined in Section 1-128.5 of the Nursing Home Care Act, a "Type AA violation" means a violation of the Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that proximately caused a resident's death.  [210 ILCS 45/1-129]

"Affirmation" means a statement, declaration, proclamation, pronouncement, or notice made by an applicant regarding the information requirements for an application for exemption, with the understanding that there are still consequences to any matters that are non-compliant with the terms of the exemption issued.

"Agency" or "Department" or "IDPH" means the Illinois Department of Public Health.  (Section 3 of the Act)

"Alteration" means any revision or change to a project as detailed in the application that occurs after HFSRB issued the permit.  A completed project cannot be altered.  The site of the proposed project or the persons who are the permit holder cannot be altered.

"Applicant" means a person, as defined in the Act, who applies for a permit or exemption.  See Section 1130.220 to determine what parties are necessary for an application.

"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 accounting principles.

"Authorized Representative" means a person who has authority to act on behalf of the legal entity or person that is the applicant or permit holder. Authorized representatives are:  in the case of a corporation, any of its officers or members of its board of directors; in the case of a limited liability company, any of its managers or members (or the sole manager or member when two or more managers or members do not exist); in the case of a partnership, any of its general partners (or the sole general partner when two or more general partners do not exist); in the case of estates and trusts, any of its beneficiaries (or the sole beneficiary when two or more beneficiaries do not exist); and in the case of a sole proprietor, the individual who is the proprietor.

"Business Day" means Monday through Friday.  It does not include a federal or State government declared holiday, Saturday, or Sunday.

"Calendar Day" or "day" means all days in a month or prescribed time frame.  It includes weekends and federal or State government declared holidays.

"Capital Expenditure" shall have the meaning ascribed in Section 3 of the Act.

"Capital Expenditure Minimum" shall have the meaning ascribed in Section 3 of the Act.  Capital expenditure minimums are adjusted annually to reflect the increase in costs due to inflation (see Section 1130.310(a)(1)).  Current capital expenditure minimums are available at https://hfsrb.illinois.gov/con-program.html.

"Category of Service" shall have the meaning ascribed in Section 3 of the Act.

"Censure" means a formal and public reprimand issued by HFSRB.

"Chairman" or "Board Chair" means the presiding officer of HFSRB.

"Change in the Bed Count of a Health Care Facility" means a change in a health care facility's authorized bed capacity, including reductions, increases with permit or allowable increases without permit. A permit or exemption shall be obtained prior to the construction or modification of a health care facility which: changes the bed capacity of a health care facility by increasing the total number of beds or by distributing beds among various categories of service or by relocating beds from one physical facility or site to another by more than 20 beds or 10% of total bed capacity as defined by the State Board in its Inventory of Health Care Facilities and Services and Need Determinations available at https://hfsrb.illinois.gov/inventories-data.html, whichever is less, over a 2-year period.  (Section 5(c) of the Act)  The two-year period begins on the date the additional beds or stations become operational.  (See Section 1130.240(g).)

"Change of ownership of a health care facility" means a change in the person who has operational control of an existing health care facility or a change in the person who has ownership or control of a health care facility's physical plant and capital assets.  A change in ownership is indicated by, but not limited to, the following transactions:  sale, transfer, acquisition, lease, change of sponsorship or other means of transferring control. [20 ILCS 3960/3] Examples of change of ownership include:

a transfer of stock or assets resulting in a person (parent or wholly owned entity) obtaining majority interest (i.e., over 50%) in the person (operator or licensee) who is licensed or certified (if the facility is not subject to licensure), or in the person (ownership entity) who owns or controls the health care facility's physical plant and capital assets; or

the issuance of a license by IDPH to a person different from the current licensee; or

for facilities not subject to licensing, the issuance of a provider number to a different person by certification agencies that administer Titles XVIII and XIX of the Social Security Act; or

a change in the membership or sponsorship of a not-for-profit corporation; or

a change of 50% or more of the voting members of a not-for-profit corporation's board of directors, during any consecutive 12-month period, that controls a health care facility's operation, license, certification (when the facility is not subject to licensing) or physical plant and capital assets; or

a change in the sponsorship or control of the person who is licensed or certified (when the facility is not subject to licensing) to operate, or who owns the physical plant and capital assets of a governmental health care facility; or

any other transaction that results in a person obtaining control of a health care facility's operations or physical plant and capital assets, including leases; or

conversion of a health care facility.

"Change of Ownership Among Related Persons" shall have the meaning ascribed in Section 6(b) of the Act.

"Charity care" shall have the meaning ascribed in Section 3 of the Act.

"Clinical Service Area" means a department or service that is directly related to the diagnosis, treatment, or rehabilitation of persons receiving services from the health care facility [20 ILCS 3960/3].  A clinical service area's physical space shall include those components required under the facility's licensure or Medicare or Medicaid Certification, and as outlined by documentation from the facility as to the physical space required for appropriate clinical practice.

"CMMS" means the federal Centers for Medicare and Medicaid Services.

"Combined Service Area Project" means a project that consists of both clinical service areas and non-clinical service areas.

"Completion" or "Project Completion" means a project has been concluded, has been licensed or certified (if applicable), has received accreditation (if applicable), and a notice of project completion and final realized cost report has been submitted to HFSRB (as required at Section 1130.770).

"Completion Date" or "Project Completion Date" means the date the applicant or permit holder (as applicable) established for the completion of the project when the permit was approved or renewed. For purposes of a permit, when a project requires an applicant to obtain a license, the project is not considered complete until the facility is licensed.  When a project is in litigation, the completion date will be stayed if the permit holder provides a certified notice of the dates of litigation.

"Construction or modification" means the establishment, erection, building, alteration, reconstruction, modernization, improvement, extension, discontinuation, change of ownership, of or by a health care facility, or the purchase or acquisition by or through a health care facility of equipment or service for diagnostic or therapeutic purposes or for facility administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum; however, any capital expenditure made by or on behalf of a health care facility for the construction or modification of a facility licensed under the Assisted Living and Shared Housing Act or a conversion project undertaken in accordance with Section 30 of the Older Adult Services Act shall be excluded from any obligations under the Act.  [20 ILCS 3960/3] Examples of construction or modification include, but are not limited to:

Construction of new buildings;

Additions to existing facilities;

Modernization projects whose cost exceed the capital expenditure threshold;

Offsite replacement of a healthcare facility; or

Establishment of a hospital, long-term care facility, end-stage renal disease facility, birth center, ambulatory surgical treatment center, etc.

"Contested Case" is defined in Section 1-30 of the IAPA [5 ILCS 100/1-30].

"Control" means that a person possesses any of the following discretionary and non-ministerial rights or powers:

In the case of an entity, the ability to direct the management and policies of the entity, whether through the voting of securities, corporate membership, contract, or otherwise.  Examples of such control include, without limitation:

holding 50% or more of the outstanding voting securities of an issue;

in the case of an entity that has no outstanding voting securities, having the right to 50% or more of the profits or, in the event of dissolution, the right to 50% or more of the assets of the entity;

having the power to appoint or remove 50% or more of the governing board members of an entity;

having the power to require or approve the use of funds or assets of the entity; or

having the power to approve, amend or modify the entity's bylaws or other governance documents.

In the case of capital assets or real property, the power to direct or cause the direction of the personal property, real property or capital assets that are components of the project (i.e., fixed equipment, mobile equipment, buildings, and portions of buildings).  Examples of such control include, without limitation:

owning 50% or more of the property or asset; or

serving as lessee or sublessee.

"Conversion" means a change in the control of an existing health care facility's physical plant, assets, or operations by such methods as, but not limited to, a change in ownership, acquisition, merger, consolidation, lease, stock transfer, or change in sponsorship.  Types of conversion include:

consolidation by combining two or more existing health care facilities into a new health care facility, terminating the existence of the existing or original facilities (A + B = C).  Consolidation results in the establishment of a health care facility within the meaning of the Act and in the discontinuation of the existing facilities, resulting in termination of license for facilities subject to licensing or the loss of certification for facilities not subject to licensing;

merger by the absorption of one or more existing health care facilities into another existing health care facility.  The result of the absorption is that only one facility survives (A + B = B).  Merger results in the modification (e.g., expansion of beds or services) of the survivor facility and the discontinuation of the facility being absorbed.

"Date" means, for purposes of this Part, a period starting at 12:00:01 a.m. of a specified day and ending at 12:00:00 a.m. the following day.

"Director" means the Director of the Department of Public Health.  (Section 3 of the Act)

"Discontinuation" means to cease operation of an entire health care facility or category of service on a voluntary or involuntary basis.  A permit or exemption is required prior to a discontinuation. For discontinuations approved by HFSRB, the discontinued beds will be removed from the Inventory once the permit or exemption is issued. A facility or category of service that has ceased operation or has interrupted service on a temporary basis due to unforeseen circumstances (such as the lack of appropriate staff, or a natural or unnatural disaster) may be determined to not have discontinued, provided the facility has exercised appropriate efforts to maintain operation, and within 30 days after the temporary interruption of the service, has provided documentation to HFSRB of the circumstances of the discontinuation and a comprehensive plan to restore the service, including the anticipated date of restoration of the service.  Discontinuation also includes a determination by HFSRB that:

an existing category of service is not operating at utilization standards/target occupancy rates specified in 77 Ill. Adm. Code 1100, for that category of service, on average for any five-year period and thereafter (based upon data reported by the facility to the Administrator pursuant to Section 13 of the Act), and that need no longer exists in the planning area based upon the existence of such factors as, but not limited to, access to other services in the planning area, excess service capacity in the planning area, and the facility's ability to adequately staff the existing service. HFSRB shall administer these changes through its Declaratory Ruling process (see Section 1130.810).

HFSRB NOTE:  HFSRB may determine that a discontinuation has not occurred when a facility has complied with the requirements of this definition.  Failure to obtain a permit or exemption prior to discontinuation may result in the imposition of sanctions or penalties as provided by the Act.

"Due Diligence" means to take such actions toward the completion of a project for which a permit has been issued with the diligence and foresight that persons of ordinary prudence and care commonly exercise under like circumstances.  An accidental or unavoidable cause that cannot be avoided by the exercise of due diligence is a cause that reasonable prudent and careful persons, under like circumstances, do not and would not ordinarily anticipate, and whose effects under similar circumstances they do not and would not ordinarily avoid.

"Emergency Projects" means projects that 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 at 77 Ill. Adm. Code 1110.20(a). [20 ILCS 3960/12(9)]

"Entity" means any corporation, company, partnership, joint venture, association, trust, foundation, fund or other legally recognized organization, public body, or municipality.

"Establish" or "Establishment" means the construction of a health care facility, the licensing of buildings or structures as a health care facility, the replacement of an existing health care facility on another site or, the initiation of a category of service. [20 ILCS 3960/3] Examples include:  new or replacement hospital, long-term care facilities, ambulatory surgery centers, dialysis facilities, or the establishment of a new category of service in a new or existing health care facility.

"Estimated Project Cost" or "Project Costs" means the sum of all costs, including the fair market value of any equipment or other real property (whether acquired by lease, donation, or gift) necessary to complete a project, including:

preplanning costs;

site survey and soil investigation fees;

site preparation costs;

off-site work;

construction contracts and contingencies (including demolition);

capital equipment included in construction contracts;

architectural and engineering fees;

consultants and other professional fees that are related to the project;

capital equipment not in construction contracts;

bond issuance expenses;

net interest expense during construction; and

all other costs that are to be capitalized.

"Exemption" means the classification of projects that are exempt from the Certificate of Need permit review process but are reviewed under the procedures and requirements of HFSRB regarding issuance of exemptions. An exemption shall be approved when all information required by the Board by rule, in accordance with Subpart E, is submitted. (See Section 6(b) of the Act.) 

"Exemption Holder" means any person as prescribed in Section 1130.220(a).

"Existing Health Care Facility" means any health care facility subject to the Act that:

has a license issued by IDPH and has provided services within the past 12 months, unless the failure to provide such service is the result of pending license revocation procedures, and has not surrendered or abandoned its license or had its license revoked or voided or otherwise deemed invalid by IDPH; or

is certified under Titles XVIII or XIX of the Social Security Act (42 U.S.C. 1395); or

is a facility operated by the State of Illinois.

HFSRB NOTE:  Projects approved by HFSRB for establishment of a health care facility that have not been deemed complete in accordance with the provisions of this Part shall not be considered existing facilities, but the approved number of beds or services shall be recorded in the Inventory of Health Care Facilities and shall be counted against any applicable need estimate.

"Ex Parte Communication" means a communication between a person who is not a State Board member or employee and a State Board member or employee that reflects on the substance of a pending or impending State Board proceeding and that takes place outside the record of the proceeding.  Communications regarding matters of procedure and practice, such as the format of a pleading, number of copies required, manner of service, and status of proceedings, are not considered ex parte communications.  Technical Assistance with respect to an application, not intended to influence any decision on the application, may be provided by employees to the applicant.  (Section 4.2(d) of the Act)  Once an application for permit or exemption is filed and deemed complete, a written record of any communication between staff and an applicant shall be prepared by staff and made part of the public record, using a prescribed, standardized format, and shall be included in the application file. (Section 4.2(a) of the Act)

"Fair Market Value" means the dollar value of a project or any component of a project that is accomplished by lease, donation, gift, or any other means that would have been required for purchase, construction, or acquisition.

"Final Decision" or "Final Administrative Decision" or "Final Determination" means:

the decision to approve or deny an application by HFSRB, or take other actions permitted under this Act.  (Section 12(11) of the Act)  Action taken by HFSRB to deny an application for permit is subsequent to an administrative hearing or to the waiver of such hearing; or

the decision by HFSRB on all matters other than the issuance of a permit.

HFSRB NOTE:  The decision is final at the close of business of the HFSRB meeting at which the action is taken.

"Final Realized Costs" means all costs that are normally capitalized under generally accepted accounting principles that have been incurred to complete a project for which a permit or exemption was issued.  These costs include all expenditures and the dollar or fair market value of any component of the project, whether acquired through lease, donation, or gift.

"Financial Commitment" shall have the meaning ascribed in Section 3 of the Act.  Financial commitment occurs when a permit holder incurs actual expenditures of 33% or more of the total project cost or commits to expend 33% or more of the total project cost by signed contracts or other legal means (see Section 1130.760).

"Financial Commitment Date" means the date by which the permit holder expends, or commits to expend, by contract or other legal means at least 33% of the total project cost.

"Hearing Officer" means the person with authority to conduct public hearings and to take all necessary steps to assure the proper completion of public hearings and to assure compliance with requirements of the Act.  Responsibilities include: determining the order and time allotment for public testimony; maintaining order; setting and announcing new hearing dates, times, and places, as necessary; determining the conclusion of the hearing and assuring that all documents, exhibits and other written materials presented or requested at the hearing are in the hearing officer's custody; and preparing a report for submittal to HFSRB.

"HFSRB" or "State Board" or "Board" means the Illinois Health Facilities and Services Review Board. (Section 3 of the Act)

"IAPA" means the Illinois Administrative Procedure Act [5 ILCS 100].

"Initiation of a Category of Service" means, for purposes of a permit or exemption, the category of service has been licensed or certified, if required, and the first patient or resident has been admitted or treated.

"Intent to Deny" means the negative decision of HFSRB, following its initial consideration of an application for permit that failed to receive the number of affirmative votes required by the Act.  (See Section 1130.670.)

"Interdependence" means components of construction or modification that are architecturally or programmatically interrelated to the extent that undertaking one or more of the components compels the other components to be undertaken.  Unless otherwise interdependent, or submitted as one project by the applicant, components of construction or modification undertaken by means of a single construction contract or financed through the issuance of a single debt instrument shall not be grouped together as one project. (See Section 3 of the Act.)  Examples include but are not limited to:  expanding a hospital's emergency department but taking over observation space and moving the observation space to another location or building at multiple sites on one hospital campus with financing originating from one funding source.  

"Inventory" means the HFSRB Inventory of Health Care Facilities and Need Determination created pursuant to Section 12(4) of the Act and available at https://hfsrb.illinois.gov/inventories-data.html.

"Major Medical Equipment" shall have the meaning ascribed in Section 3 of the Act.

"Medicaid Certified" or "Medicare Certified" or "Medicaid Certification" or "Medicare Certification" means approval for a facility to receive reimbursement under Title XVIII (Medicare) and/or XIX (Medicaid) of the Social Security Act (42 U.S.C. 1395).

"Modification of an Application" or "Modification" means any change to an application prior to a final HFSRB action. These changes include, but are not limited to:  changing the proposed project's physical size or gross square feet, the site within a planning area, the operating entity when the operating entity is not the applicant, the number of proposed beds, the categories of service to be provided, the cost, the method of financing, proposed project completion date, the configuration of space within the building, or any change in the person who is the applicant, including the addition or deletion of one or more persons as co-applicants.

HFSRB NOTE:  A change of site to a site outside the planning area originally identified in the application is not considered a modification and invalidates the application.

"Moral Turpitude" means conduct that has an inherent quality of baseness, vileness, or depravity with respect to another person or society in general, contrary to the accepted and customary rule of right and duty.  Examples include rape, forgery, robbery, arson, counterfeiting and wrongful solicitation.

"Newspaper of General Circulation" means newspapers other than those intended to serve a particular defined population, such as the publications of professional and trade associations.

"Newspaper of Limited Circulation" shall have the meaning ascribed in Section 8.5(c) of the Act.

"Non-clinical Service Area" shall have the meaning ascribed in Section 3 of the Act.

"Non-substantive Projects" means construction or modification projects that are not classified as substantive or emergency as defined in 77 Ill. Adm. Code 1110.20(b), with a review period that shall not exceed 60 days (see Section 1130.610(b)).  Non-substantive projects include capital projects which are "by or behalf of" a health care facility and which exceed the capital expenditure minimum threshold.

"Operational" means a permit holder is providing the services approved by HFSRB and, for a new health care facility or a new category of service, licensure, or Medicare and/or Medicaid certification has been obtained, and residents/patients are utilizing the facility or equipment or are receiving service.

"Out-of-State Facility" shall have the meaning ascribed in Section 3 of the Act.

"Permit" means authorization to execute and complete a project related to a health care facility, as reviewed, and approved by HFSRB.

"Permit Holder" means all persons who own, operate or control, the owner or operator.  See Section 1130.220 to determine what parties are necessary to be a permit holder.

"Person" shall have the meaning ascribed in Section 3 of the Act.

"Post-permit' or "Post-permit Period" means the time between HFSRB's final decision for an application for permit or application for exemption up to and including project completion.

"Proposal" or "Project" means any proposed construction or modification of a health care facility or any proposed acquisition of equipment to be undertaken by an applicant.

"Related Person" means any person that:

is at least 50% owned, directly or indirectly, by either the health care facility or a person owning, directly or indirectly, at least 50% of the health care facility;

owns, directly or indirectly, at least 50% of the health care facility; (Section 3 of the Act)

is otherwise controlled or managed by one or more health care facilities or controls or manages the health care facility;

otherwise controls or manages the health care facility; or

is otherwise, directly, or indirectly, under common management or control with one or more health care facilities.

A related person, as it relates to a change of ownership, means a transaction in which the parties to the transaction are under common control or ownership before and after the transaction is complete (e.g., subsidiaries, affiliates, partners, etc.). (Section 6(b) of the Act)

"Relinquishment of a Permit or Exemption" means a voluntary and knowing abandonment of a permit or exemption, forsaking all rights associated with that permit or exemption.  Once relinquishment is granted by HFSRB, a permit or exemption is considered null and void.  The Inventory will be modified, if affected by the permit relinquishment, to the same status as prior to the permit or exemption issuance.

"Review Period" means the time from the date an application for permit or exemption is deemed complete by HFSRB staff until HFSRB renders its final decision.

"Site" shall have the meaning ascribed at 77 Ill. Adm. Code 1100.220.

"Square Feet" or "SF" or "Square Footage" means a unit of measure of physical service areas or buildings considered by HFSRB.  Departmental Gross Square Feet (DGSF) means the designation of physical areas for departments and services.  It consists of the entire space dedicated to the use of that department or service, including walls, shafts, and circulation.  Building Gross Square Feet (BGSF) means the designation of physical area of an entire building.  It includes all exterior walls and space within those walls.

"State Board Staff Report" shall have the meaning ascribed in Section 3 of the Act.

"Stay" or "Stayed" means an action to stop an administrative or legal proceeding or the actions of a party.

"Substantially Changes the Scope or Changes the Functional Operation of the Facility" means:

the discontinuation of a health care facility or category of service as defined in this Part;

a change of a material representation made by the applicant in an application for permit or exemption subsequent to receipt of a permit that is relied upon by HFSRB in making its decision.  Material representations are those that provide a factual basis for issuance of a permit or exemption and include:

withdrawal or non-participation in the Medicare and/or Medicaid programs;

charge information;

requirements of variances pursuant to 77 Ill. Adm. Code 1110;

other representations made to HFSRB as stipulated or agreed upon in the public record and specified in the application or the permit or exemption approval letter;

the addition of a specialty not previously approved by HFSRB for an ambulatory surgical treatment center (ASTC);

an increase of more than three dialysis stations or more than 10% of the facility's total number of dialysis stations, whichever is less, over a two-year period.  The two-year period begins on the date the facility's additional stations are certified.  When a permit is issued for additional stations or for the establishment of an additional facility/service, the facility may not add any more dialysis stations for two years from the date that such stations approved in the permit are certified without obtaining an additional permit;

the acquisition, construction, or leasing of space, buildings, or structures for providing outpatient surgical services on a site or location that is not within the licensed premises of the health care facility.  Outpatient surgical services are those surgical procedures that are routinely performed in such settings as a hospital or ambulatory surgical treatment center, or in any room or area that is designed, equipped, and used for surgery, such as, but not limited to, a surgical suite or special procedures room.  Outpatient surgical services do not include those procedures performed as part of a physician's private practice in examination or non-surgical treatment rooms; or

a capital expenditure by a health care facility which meets a review threshold, or a capital expenditure by another entity which will result in a direct or indirect benefit to a health care facility, including capital expenditures by parent corporations for the benefit of their health facility holdings.

"Substantially Complete" means the application for permit or exemption contains the majority of the required information and has been determined ready for a substantive review, with the understanding that additional information may be needed for clarification during the review period.

"Substantive Projects" means projects limited to the following:

Projects to construct a new or replacement facility located on a new site; or a replacement facility located on the same site as the original facility and the costs of the replacement facility exceeds the capital expenditure minimum, which shall be reviewed by the Board within 120 days. (Section 12(8)(a) of the Act)

Projects proposing a new service within an existing healthcare facility or discontinuation of a service within an existing healthcare facility, which shall be reviewed by the Board within 60 days. (Section 12(8)(b) of the Act)

Projects proposing a change in the bed capacity of a health care facility by an increase in the total number of beds or by a redistribution of beds among various categories of service or by a relocation of beds from one facility to another by more than 20 beds or more than 10% of total bed capacity, as defined by the State Board in the Inventory, whichever is less, over a 2-year period. (Section 12(8)(c) of the Act)

"Technical Assistance" means help provided by an employee of HFSRB to a person, a health care facility or the HFSRB, and is not considered ex parte communication as defined in Section 4.2 of the Act.  Technical Assistance may be provided to any person regarding pre-application conferences, the filing of an application, or other request to HFSRB provided that the communication is not intended to influence any decision on the application.  Technical Assistance may be provided for the benefit of HFSRB to clarify issues relevant to an application or other business of HFSRB.  The assistance may be in the form of written correspondence, conversations, site visits, meetings, and/or consultations with independent experts.  Once an application or exemption is filed and deemed complete, a written record of any communication between staff and an applicant shall be prepared by staff and made part of the public record, using a prescribed, standardized format, and shall be included in the application file, within 10 business days after the assistance is provided. (Sections 4.2 (a) and (d) of the Act and Section 1130.225)

"Temporary Suspension of Facility, Category of Service, or Surgical Service" means cessation or interruption of a facility's operations, category of service, or surgical service for only a limited period of time, with the intention to resume normal operations as soon as feasible (see Section 1130.240(d)).  HFSRB shall only provide two extensions for a temporary suspension.

"Vice Chairman" means a person elected by a majority of HFSRB members to preside over HFSRB meetings and assist as needed when the Chairman is unavailable. (See Section 12(18) of the Act.)

(Source:  Amended at 49 Ill. Reg. 8366, effective July 1, 2025)