Rep. Lamont J. Robinson, Jr.
Filed: 4/16/2021
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3657
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3657 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Department of Public Health Powers and | ||||||
5 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by renumbering Section 2310-223 as follows: | ||||||
7 | (20 ILCS 2310/2310-222) | ||||||
8 | Sec. 2310-222 2310-223 . Obstetric hemorrhage and | ||||||
9 | hypertension training. | ||||||
10 | (a) As used in this Section, "birthing facility" means (1) | ||||||
11 | a hospital, as defined in the Hospital Licensing Act, with | ||||||
12 | more than one licensed obstetric bed or a neonatal intensive | ||||||
13 | care unit; (2) a hospital operated by a State university; or | ||||||
14 | (3) a birth center, as defined in the Alternative Health Care | ||||||
15 | Delivery Act. | ||||||
16 | (b) The Department shall ensure that all birthing |
| |||||||
| |||||||
1 | facilities conduct continuing education yearly for providers | ||||||
2 | and staff of obstetric medicine and of the emergency | ||||||
3 | department and other staff that may care for pregnant or | ||||||
4 | postpartum women. The continuing education shall include | ||||||
5 | yearly educational modules regarding management of severe | ||||||
6 | maternal hypertension and obstetric hemorrhage for units that | ||||||
7 | care for pregnant or postpartum women. Birthing facilities | ||||||
8 | must demonstrate compliance with these education and training | ||||||
9 | requirements. | ||||||
10 | (c) The Department shall collaborate with the Illinois | ||||||
11 | Perinatal Quality Collaborative or its successor organization | ||||||
12 | to develop an initiative to improve birth equity and reduce | ||||||
13 | peripartum racial and ethnic disparities. The Department shall | ||||||
14 | ensure that the initiative includes the development of best | ||||||
15 | practices for implicit bias training and education in cultural | ||||||
16 | competency to be used by birthing facilities in interactions | ||||||
17 | between patients and providers. In developing the initiative, | ||||||
18 | the Illinois Perinatal Quality Collaborative or its successor | ||||||
19 | organization shall consider existing programs, such as the | ||||||
20 | Alliance for Innovation on Maternal Health and the California | ||||||
21 | Maternal Quality Collaborative's pilot work on improving birth | ||||||
22 | equity. The Department shall support the initiation of a | ||||||
23 | statewide perinatal quality improvement initiative in | ||||||
24 | collaboration with birthing facilities to implement strategies | ||||||
25 | to reduce peripartum racial and ethnic disparities and to | ||||||
26 | address implicit bias in the health care system. |
| |||||||
| |||||||
1 | (d) The Department, in consultation with the Maternal | ||||||
2 | Mortality Review Committee, shall make available to all | ||||||
3 | birthing facilities best practices for timely identification | ||||||
4 | of all pregnant and postpartum women in the emergency | ||||||
5 | department and for appropriate and timely consultation of an | ||||||
6 | obstetric provider to provide input on management and | ||||||
7 | follow-up. Birthing facilities may use telemedicine for the | ||||||
8 | consultation. | ||||||
9 | (e) The Department may adopt rules for the purpose of | ||||||
10 | implementing this Section.
| ||||||
11 | (Source: P.A. 101-390, eff. 1-1-20; revised 10-7-19.) | ||||||
12 | Section 10. The Illinois Health Facilities Planning Act is | ||||||
13 | amended by changing Sections 2, 3, 5, 5.4, 6, 6.2, 8.5, 8.7, | ||||||
14 | 12, 12.3, 12.4, 13.1, 14, and 14.1 and by adding Sections 5.5, | ||||||
15 | 5.6, 6.05, and 14.05 as follows:
| ||||||
16 | (20 ILCS 3960/2) (from Ch. 111 1/2, par. 1152)
| ||||||
17 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
18 | Sec. 2. Purpose of the Act. This Act shall establish a | ||||||
19 | procedure (1) which requires a person
establishing, | ||||||
20 | constructing or modifying a health care facility, as
herein | ||||||
21 | defined, to have the qualifications, background, character and
| ||||||
22 | financial resources to adequately provide a proper service for | ||||||
23 | the
community; (2) that promotes the orderly and
economic | ||||||
24 | development of health care facilities in the State of Illinois
|
| |||||||
| |||||||
1 | that avoids unnecessary duplication of such facilities; (3) | ||||||
2 | that promotes health equity including equitable access to | ||||||
3 | quality health care through the development and preservation | ||||||
4 | of safety net services; and (4) (3) that
promotes planning for | ||||||
5 | and development of health care facilities needed
for | ||||||
6 | comprehensive health care especially in areas where the health
| ||||||
7 | planning process has identified unmet needs.
| ||||||
8 | The changes made to this Act by this amendatory Act of the | ||||||
9 | 96th General Assembly are intended to accomplish the following | ||||||
10 | objectives: to improve the financial ability of the public to | ||||||
11 | obtain necessary health services; to establish an orderly and | ||||||
12 | comprehensive health care delivery system that will guarantee | ||||||
13 | the availability of quality health care to the general public; | ||||||
14 | to maintain and improve the provision of essential health care | ||||||
15 | services and increase the accessibility of those services to | ||||||
16 | the medically underserved and indigent; to assure that the | ||||||
17 | reduction and closure of health care services or facilities is | ||||||
18 | performed in an orderly and timely manner, and that these | ||||||
19 | actions are deemed to be in the best interests of the public; | ||||||
20 | and to assess the financial burden to patients caused by | ||||||
21 | unnecessary health care construction and modification. | ||||||
22 | Evidence-based assessments, projections and decisions will be | ||||||
23 | applied regarding capacity, quality, value and equity in the | ||||||
24 | delivery of health care services in Illinois. The integrity of | ||||||
25 | the Certificate of Need process is ensured through revised | ||||||
26 | ethics and communications procedures. Cost containment and |
| |||||||
| |||||||
1 | support for safety net services must continue to be central | ||||||
2 | tenets of the Certificate of Need process. | ||||||
3 | The changes made to this Act by this amendatory Act of the | ||||||
4 | 102nd General Assembly recognize a persistent problem of | ||||||
5 | hospital service cuts and facility closures. These harm the | ||||||
6 | health care safety net in Illinois and have negatively | ||||||
7 | impacted access to hospital services in communities of color | ||||||
8 | in particular. The changes are intended to accomplish the | ||||||
9 | objective of protecting the public interest in equitable | ||||||
10 | access to health care services. | ||||||
11 | (Source: P.A. 99-527, eff. 1-1-17 .)
| ||||||
12 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| ||||||
13 | (Section scheduled to be repealed on December 31, 2029) | ||||||
14 | Sec. 3. Definitions. As used in this Act:
| ||||||
15 | "Health care facilities" means and includes
the following | ||||||
16 | facilities, organizations, and related persons:
| ||||||
17 | (1) An ambulatory surgical treatment center required | ||||||
18 | to be licensed
pursuant to the Ambulatory Surgical | ||||||
19 | Treatment Center Act.
| ||||||
20 | (2) An institution, place, building, or agency | ||||||
21 | required to be licensed
pursuant to the Hospital Licensing | ||||||
22 | Act.
| ||||||
23 | (3) Skilled and intermediate long term care facilities | ||||||
24 | licensed under the
Nursing
Home Care Act. | ||||||
25 | (A) If a demonstration project under the Nursing |
| |||||||
| |||||||
1 | Home Care Act applies for a certificate of need to | ||||||
2 | convert to a nursing facility, it shall meet the | ||||||
3 | licensure and certificate of need requirements in | ||||||
4 | effect as of the date of application. | ||||||
5 | (B) Except as provided in item (A) of this | ||||||
6 | subsection, this Act does not apply to facilities | ||||||
7 | granted waivers under Section 3-102.2 of the Nursing | ||||||
8 | Home Care Act.
| ||||||
9 | (3.5) Skilled and intermediate care facilities | ||||||
10 | licensed under the ID/DD Community Care Act or the MC/DD | ||||||
11 | Act. No permit or exemption is required for a facility | ||||||
12 | licensed under the ID/DD Community Care Act or the MC/DD | ||||||
13 | Act prior to the reduction of the number of beds at a | ||||||
14 | facility. If there is a total reduction of beds at a | ||||||
15 | facility licensed under the ID/DD Community Care Act or | ||||||
16 | the MC/DD Act, this is a discontinuation or closure of the | ||||||
17 | facility. If a facility licensed under the ID/DD Community | ||||||
18 | Care Act or the MC/DD Act reduces the number of beds or | ||||||
19 | discontinues the facility, that facility must notify the | ||||||
20 | Board as provided in Section 14.1 of this Act. | ||||||
21 | (3.7) Facilities licensed under the Specialized Mental | ||||||
22 | Health Rehabilitation Act of 2013. | ||||||
23 | (4) Hospitals, nursing homes, ambulatory surgical | ||||||
24 | treatment centers, or
kidney disease treatment centers
| ||||||
25 | maintained by the State or any department or agency | ||||||
26 | thereof.
|
| |||||||
| |||||||
1 | (5) Kidney disease treatment centers, including a | ||||||
2 | free-standing
hemodialysis unit required to meet the | ||||||
3 | requirements of 42 CFR 494 in order to be certified for | ||||||
4 | participation in Medicare and Medicaid under Titles XVIII | ||||||
5 | and XIX of the federal Social Security Act.
| ||||||
6 | (A) This Act does not apply to a dialysis facility | ||||||
7 | that provides only dialysis training, support, and | ||||||
8 | related services to individuals with end stage renal | ||||||
9 | disease who have elected to receive home dialysis. | ||||||
10 | (B) This Act does not apply to a dialysis unit | ||||||
11 | located in a licensed nursing home that offers or | ||||||
12 | provides dialysis-related services to residents with | ||||||
13 | end stage renal disease who have elected to receive | ||||||
14 | home dialysis within the nursing home. | ||||||
15 | (C) The Board, however, may require dialysis | ||||||
16 | facilities and licensed nursing homes under items (A) | ||||||
17 | and (B) of this subsection to report statistical | ||||||
18 | information on a quarterly basis to the Board to be | ||||||
19 | used by the Board to conduct analyses on the need for | ||||||
20 | proposed kidney disease treatment centers. | ||||||
21 | (6) An institution, place, building, or room used for | ||||||
22 | the performance of
outpatient surgical procedures that is | ||||||
23 | leased, owned, or operated by or on
behalf of an | ||||||
24 | out-of-state facility.
| ||||||
25 | (7) An institution, place, building, or room used for | ||||||
26 | provision of a health care category of service, including, |
| |||||||
| |||||||
1 | but not limited to, cardiac catheterization and open heart | ||||||
2 | surgery. | ||||||
3 | (8) An institution, place, building, or room housing | ||||||
4 | major medical equipment used in the direct clinical | ||||||
5 | diagnosis or treatment of patients, and whose project cost | ||||||
6 | is in excess of the capital expenditure minimum. | ||||||
7 | "Health care facilities" does not include the following | ||||||
8 | entities or facility transactions: | ||||||
9 | (1) Federally-owned facilities. | ||||||
10 | (2) Facilities used solely for healing by prayer or | ||||||
11 | spiritual means. | ||||||
12 | (3) An existing facility located on any campus | ||||||
13 | facility as defined in Section 5-5.8b of the Illinois | ||||||
14 | Public Aid Code, provided that the campus facility | ||||||
15 | encompasses 30 or more contiguous acres and that the new | ||||||
16 | or renovated facility is intended for use by a licensed | ||||||
17 | residential facility. | ||||||
18 | (4) Facilities licensed under the Supportive | ||||||
19 | Residences Licensing Act or the Assisted Living and Shared | ||||||
20 | Housing Act. | ||||||
21 | (5) Facilities designated as supportive living | ||||||
22 | facilities that are in good standing with the program | ||||||
23 | established under Section 5-5.01a of the Illinois Public | ||||||
24 | Aid Code. | ||||||
25 | (6) Facilities established and operating under the | ||||||
26 | Alternative Health Care Delivery Act as a children's |
| |||||||
| |||||||
1 | community-based health care center alternative health care | ||||||
2 | model demonstration program or as an Alzheimer's Disease | ||||||
3 | Management Center alternative health care model | ||||||
4 | demonstration program. | ||||||
5 | (7) The closure of an entity or a portion of an entity | ||||||
6 | licensed under the Nursing Home Care Act, the Specialized | ||||||
7 | Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
8 | Community Care Act, or the MC/DD Act, with the exception | ||||||
9 | of facilities operated by a county or Illinois Veterans | ||||||
10 | Homes, that elect to convert, in whole or in part, to an | ||||||
11 | assisted living or shared housing establishment licensed | ||||||
12 | under the Assisted Living and Shared Housing Act and with | ||||||
13 | the exception of a facility licensed under the Specialized | ||||||
14 | Mental Health Rehabilitation Act of 2013 in connection | ||||||
15 | with a proposal to close a facility and re-establish the | ||||||
16 | facility in another location. | ||||||
17 | (8) Any change of ownership of a health care facility | ||||||
18 | that is licensed under the Nursing Home Care Act, the | ||||||
19 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
20 | ID/DD Community Care Act, or the MC/DD Act, with the | ||||||
21 | exception of facilities operated by a county or Illinois | ||||||
22 | Veterans Homes. Changes of ownership of facilities | ||||||
23 | licensed under the Nursing Home Care Act must meet the | ||||||
24 | requirements set forth in Sections 3-101 through 3-119 of | ||||||
25 | the Nursing Home Care Act.
| ||||||
26 | (9) (Blank). |
| |||||||
| |||||||
1 | With the exception of those health care facilities | ||||||
2 | specifically
included in this Section, nothing in this Act | ||||||
3 | shall be intended to
include facilities operated as a part of | ||||||
4 | the practice of a physician or
other licensed health care | ||||||
5 | professional, whether practicing in his
individual capacity or | ||||||
6 | within the legal structure of any partnership,
medical or | ||||||
7 | professional corporation, or unincorporated medical or
| ||||||
8 | professional group. Further, this Act shall not apply to | ||||||
9 | physicians or
other licensed health care professional's | ||||||
10 | practices where such practices
are carried out in a portion of | ||||||
11 | a health care facility under contract
with such health care | ||||||
12 | facility by a physician or by other licensed
health care | ||||||
13 | professionals, whether practicing in his individual capacity
| ||||||
14 | or within the legal structure of any partnership, medical or
| ||||||
15 | professional corporation, or unincorporated medical or | ||||||
16 | professional
groups, unless the entity constructs, modifies, | ||||||
17 | or establishes a health care facility as specifically defined | ||||||
18 | in this Section. This Act shall apply to construction or
| ||||||
19 | modification and to establishment by such health care facility | ||||||
20 | of such
contracted portion which is subject to facility | ||||||
21 | licensing requirements,
irrespective of the party responsible | ||||||
22 | for such action or attendant
financial obligation.
| ||||||
23 | "Person" means any one or more natural persons, legal | ||||||
24 | entities,
governmental bodies other than federal, or any | ||||||
25 | combination thereof.
| ||||||
26 | "Consumer" means any person other than a person (a) whose |
| |||||||
| |||||||
1 | major
occupation currently involves or whose official capacity | ||||||
2 | within the last
12 months has involved the providing, | ||||||
3 | administering or financing of any
type of health care | ||||||
4 | facility, (b) who is engaged in health research or
the | ||||||
5 | teaching of health, (c) who has a material financial interest | ||||||
6 | in any
activity which involves the providing, administering or | ||||||
7 | financing of any
type of health care facility, or (d) who is or | ||||||
8 | ever has been a member of
the immediate family of the person | ||||||
9 | defined by item (a), (b), or (c).
| ||||||
10 | "State Board" or "Board" means the Health Facilities and | ||||||
11 | Services Review Board.
| ||||||
12 | "Construction or modification" means the establishment, | ||||||
13 | erection,
building, alteration, reconstruction, | ||||||
14 | modernization, improvement,
extension, discontinuation, | ||||||
15 | change of ownership, of or by a health care
facility, or the | ||||||
16 | purchase or acquisition by or through a health care facility
| ||||||
17 | of
equipment or service for diagnostic or therapeutic purposes | ||||||
18 | or for
facility administration or operation, or any capital | ||||||
19 | expenditure made by
or on behalf of a health care facility | ||||||
20 | which
exceeds the capital expenditure minimum; however, any | ||||||
21 | capital expenditure
made by or on behalf of a health care | ||||||
22 | facility for (i) the construction or
modification of a | ||||||
23 | facility licensed under the Assisted Living and Shared
Housing | ||||||
24 | Act or (ii) a conversion project undertaken in accordance with | ||||||
25 | Section 30 of the Older Adult Services Act shall be excluded | ||||||
26 | from any obligations under this Act. For the purposes of this |
| |||||||
| |||||||
1 | paragraph and Act, any temporary suspension of a category of | ||||||
2 | service by a hospital for a time period exceeding 90 days shall | ||||||
3 | be considered a discontinuation of a category of service.
| ||||||
4 | "Establish" means the construction of a health care | ||||||
5 | facility or the
replacement of an existing facility on another | ||||||
6 | site or the initiation of a category of service.
| ||||||
7 | "Major medical equipment" means medical equipment which is | ||||||
8 | used for the
provision of medical and other health services | ||||||
9 | and which costs in excess
of the capital expenditure minimum, | ||||||
10 | except that such term does not include
medical equipment | ||||||
11 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
12 | clinical laboratory
services if the clinical laboratory is | ||||||
13 | independent of a physician's office
and a hospital and it has | ||||||
14 | been determined under Title XVIII of the Social
Security Act | ||||||
15 | to meet the requirements of paragraphs (10) and (11) of | ||||||
16 | Section
1861(s) of such Act. In determining whether medical | ||||||
17 | equipment has a value
in excess of the capital expenditure | ||||||
18 | minimum, the value of studies, surveys,
designs, plans, | ||||||
19 | working drawings, specifications, and other activities
| ||||||
20 | essential to the acquisition of such equipment shall be | ||||||
21 | included.
| ||||||
22 | "Capital expenditure" means an expenditure: (A) made by or | ||||||
23 | on behalf of
a health care facility (as such a facility is | ||||||
24 | defined in this Act); and
(B) which under generally accepted | ||||||
25 | accounting principles is not properly
chargeable as an expense | ||||||
26 | of operation and maintenance, or is made to obtain
by lease or |
| |||||||
| |||||||
1 | comparable arrangement any facility or part thereof or any
| ||||||
2 | equipment for a facility or part; and which exceeds the | ||||||
3 | capital expenditure
minimum.
| ||||||
4 | For the purpose of this paragraph, the cost of any | ||||||
5 | studies, surveys, designs,
plans, working drawings, | ||||||
6 | specifications, and other activities essential
to the | ||||||
7 | acquisition, improvement, expansion, or replacement of any | ||||||
8 | plant
or equipment with respect to which an expenditure is | ||||||
9 | made shall be included
in determining if such expenditure | ||||||
10 | exceeds the capital expenditures minimum.
Unless otherwise | ||||||
11 | interdependent, or submitted as one project by the applicant, | ||||||
12 | components of construction or modification undertaken by means | ||||||
13 | of a single construction contract or financed through the | ||||||
14 | issuance of a single debt instrument shall not be grouped | ||||||
15 | together as one project. Donations of equipment
or facilities | ||||||
16 | to a health care facility which if acquired directly by such
| ||||||
17 | facility would be subject to review under this Act shall be | ||||||
18 | considered capital
expenditures, and a transfer of equipment | ||||||
19 | or facilities for less than fair
market value shall be | ||||||
20 | considered a capital expenditure for purposes of this
Act if a | ||||||
21 | transfer of the equipment or facilities at fair market value | ||||||
22 | would
be subject to review.
| ||||||
23 | "Capital expenditure minimum" means $11,500,000 for | ||||||
24 | projects by hospital applicants, $6,500,000 for applicants for | ||||||
25 | projects related to skilled and intermediate care long-term | ||||||
26 | care facilities licensed under the Nursing Home Care Act, and |
| |||||||
| |||||||
1 | $3,000,000 for projects by all other applicants, which shall | ||||||
2 | be annually
adjusted to reflect the increase in construction | ||||||
3 | costs due to inflation, for major medical equipment and for | ||||||
4 | all other
capital expenditures.
| ||||||
5 | "Financial commitment" means the commitment of at least | ||||||
6 | 33% of total funds assigned to cover total project cost, which | ||||||
7 | occurs by the actual expenditure of 33% or more of the total | ||||||
8 | project cost or the commitment to expend 33% or more of the | ||||||
9 | total project cost by signed contracts or other legal means. | ||||||
10 | "Non-clinical service area" means an area (i) for the | ||||||
11 | benefit of the
patients, visitors, staff, or employees of a | ||||||
12 | health care facility and (ii) not
directly related to the | ||||||
13 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
14 | services from the health care facility. "Non-clinical service | ||||||
15 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
16 | news stands; computer
systems; tunnels, walkways, and | ||||||
17 | elevators; telephone systems; projects to
comply with life | ||||||
18 | safety codes; educational facilities; student housing;
| ||||||
19 | patient, employee, staff, and visitor dining areas; | ||||||
20 | administration and
volunteer offices; modernization of | ||||||
21 | structural components (such as roof
replacement and masonry | ||||||
22 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
23 | storage facilities; parking facilities; mechanical systems for
| ||||||
24 | heating, ventilation, and air conditioning; loading docks; and | ||||||
25 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
26 | window coverings or treatments,
or furniture. Solely for the |
| |||||||
| |||||||
1 | purpose of this definition, "non-clinical service
area" does | ||||||
2 | not include health and fitness centers.
| ||||||
3 | "Areawide" means a major area of the State delineated on a
| ||||||
4 | geographic, demographic, and functional basis for health | ||||||
5 | planning and
for health service and having within it one or | ||||||
6 | more local areas for
health planning and health service. The | ||||||
7 | term "region", as contrasted
with the term "subregion", and | ||||||
8 | the word "area" may be used synonymously
with the term | ||||||
9 | "areawide".
| ||||||
10 | "Local" means a subarea of a delineated major area that on | ||||||
11 | a
geographic, demographic, and functional basis may be | ||||||
12 | considered to be
part of such major area. The term "subregion" | ||||||
13 | may be used synonymously
with the term "local".
| ||||||
14 | "Physician" means a person licensed to practice in | ||||||
15 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
16 | "Licensed health care professional" means a person | ||||||
17 | licensed to
practice a health profession under pertinent | ||||||
18 | licensing statutes of the
State of Illinois.
| ||||||
19 | "Director" means the Director of the Illinois Department | ||||||
20 | of Public Health.
| ||||||
21 | "Agency" or "Department" means the Illinois Department of | ||||||
22 | Public Health.
| ||||||
23 | "Alternative health care model" means a facility or | ||||||
24 | program authorized
under the Alternative Health Care Delivery | ||||||
25 | Act.
| ||||||
26 | "Out-of-state facility" means a person that is both (i) |
| |||||||
| |||||||
1 | licensed as a
hospital or as an ambulatory surgery center | ||||||
2 | under the laws of another state
or that
qualifies as a hospital | ||||||
3 | or an ambulatory surgery center under regulations
adopted | ||||||
4 | pursuant to the Social Security Act and (ii) not licensed | ||||||
5 | under the
Ambulatory Surgical Treatment Center Act, the | ||||||
6 | Hospital Licensing Act, or the
Nursing Home Care Act. | ||||||
7 | Affiliates of out-of-state facilities shall be
considered | ||||||
8 | out-of-state facilities. Affiliates of Illinois licensed | ||||||
9 | health
care facilities 100% owned by an Illinois licensed | ||||||
10 | health care facility, its
parent, or Illinois physicians | ||||||
11 | licensed to practice medicine in all its
branches shall not be | ||||||
12 | considered out-of-state facilities. Nothing in
this definition | ||||||
13 | shall be
construed to include an office or any part of an | ||||||
14 | office of a physician licensed
to practice medicine in all its | ||||||
15 | branches in Illinois that is not required to be
licensed under | ||||||
16 | the Ambulatory Surgical Treatment Center Act.
| ||||||
17 | "Change of ownership of a health care facility" means a | ||||||
18 | change in the
person
who has ownership or
control of a health | ||||||
19 | care facility's physical plant and capital assets. A change
in | ||||||
20 | ownership is indicated by
the following transactions: sale, | ||||||
21 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
22 | means of
transferring control.
| ||||||
23 | "Related person" means any person that: (i) is at least | ||||||
24 | 50% owned, directly
or indirectly, by
either the health care | ||||||
25 | facility or a person owning, directly or indirectly, at
least | ||||||
26 | 50% of the health
care facility; or (ii) owns, directly or |
| |||||||
| |||||||
1 | indirectly, at least 50% of the
health care facility.
| ||||||
2 | "Charity care" means care provided by a health care | ||||||
3 | facility for which the provider does not expect to receive | ||||||
4 | payment from the patient or a third-party payer. | ||||||
5 | "Health disparities" means preventable differences in the | ||||||
6 | burden of disease, injury, violence, or opportunities to | ||||||
7 | achieve optimal health that are experienced by socially | ||||||
8 | disadvantaged populations. | ||||||
9 | "Health equity" means a process of assurance of the | ||||||
10 | conditions for optimal health for all people through focused | ||||||
11 | and ongoing societal effort valuing all individuals and | ||||||
12 | populations equally, recognizing and rectifying historical | ||||||
13 | injustices, and providing resources according to need. | ||||||
14 | "Safety net services" means services provided by health | ||||||
15 | care providers or organizations that deliver health care | ||||||
16 | services to persons with barriers to mainstream health care | ||||||
17 | due to lack of insurance, inability to pay, special needs, | ||||||
18 | ethnic or cultural characteristics, or geographic isolation, | ||||||
19 | and those that deliver services to communities or populations | ||||||
20 | suffering from health disparities including disparities in | ||||||
21 | health status and outcomes due to differences in social, | ||||||
22 | economic, environmental, or healthcare resources. Safety net | ||||||
23 | service providers include, but are not limited to, hospitals | ||||||
24 | and private practice physicians that provide charity care, | ||||||
25 | school-based health centers, migrant health clinics, rural | ||||||
26 | health clinics, federally qualified health centers, community |
| |||||||
| |||||||
1 | health centers, public health departments, and community | ||||||
2 | mental health centers. | ||||||
3 | "Safety net hospital" has the meaning ascribed to it under | ||||||
4 | Section 5-5e.1 of the Illinois Public Aid Code. | ||||||
5 | "Emergency medical and trauma" means the emergency medical | ||||||
6 | services, trauma services, and associated non-emergency | ||||||
7 | medical services planned and coordinated in accordance with | ||||||
8 | the Emergency Medical Services (EMS) Systems Act. | ||||||
9 | "Perinatal and maternal care" means obstetric and neonatal | ||||||
10 | services under Subpart O of Hospital Licensing Requirements, | ||||||
11 | 77 IAC 250; resources and services associated with hospital | ||||||
12 | perinatal care level designations under the Developmental | ||||||
13 | Disability Prevention Act; and maternal care resources and | ||||||
14 | services developed or identified under Sections 2310-222 and | ||||||
15 | 2310-223 of the Department of Public Health Powers and Duties | ||||||
16 | Law. | ||||||
17 | "Freestanding emergency center" means a facility subject | ||||||
18 | to licensure under Section 32.5 of the Emergency Medical | ||||||
19 | Services (EMS) Systems Act. | ||||||
20 | "Category of service" means a grouping by generic class of | ||||||
21 | various types or levels of support functions, equipment, care, | ||||||
22 | or treatment provided to patients or residents . Categories of | ||||||
23 | service shall include, but not be limited to, , including, but | ||||||
24 | not limited to, classes such as medical-surgical, pediatrics, | ||||||
25 | obstetrics, intensive care, neonatal intensive care, acute | ||||||
26 | mental illness, comprehensive physical rehabilitation, |
| |||||||
| |||||||
1 | long-term acute care, or cardiac catheterization , open heart | ||||||
2 | surgery, kidney transplantation, general long term nursing | ||||||
3 | care, long term care for the developmentally disabled (adult), | ||||||
4 | long term care for the developmentally disabled (children), | ||||||
5 | chronic mental illness care, in-center hemodialysis, and | ||||||
6 | non-hospital ambulatory surgery . A category of service may | ||||||
7 | include subcategories or levels of care that identify a | ||||||
8 | particular degree or type of care within the category of | ||||||
9 | service. Nothing in this definition shall be construed to | ||||||
10 | include the practice of a physician or other licensed health | ||||||
11 | care professional while functioning in an office providing for | ||||||
12 | the care, diagnosis, or treatment of patients. A category of | ||||||
13 | service that is subject to the Board's jurisdiction must be | ||||||
14 | designated in rules adopted by the Board. | ||||||
15 | "State Board Staff Report" means the document that sets | ||||||
16 | forth the review and findings of the State Board staff, as | ||||||
17 | prescribed by the State Board, regarding applications subject | ||||||
18 | to Board jurisdiction. | ||||||
19 | (Source: P.A. 100-518, eff. 6-1-18; 100-581, eff. 3-12-18; | ||||||
20 | 100-957, eff. 8-19-18; 101-81, eff. 7-12-19; 101-650, eff. | ||||||
21 | 7-7-20.)
| ||||||
22 | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
| ||||||
23 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
24 | Sec. 5. Construction, modification, or establishment of | ||||||
25 | health care facilities or acquisition of major medical |
| |||||||
| |||||||
1 | equipment; permits or exemptions. No person shall construct, | ||||||
2 | modify or establish a
health care facility or acquire major | ||||||
3 | medical equipment without first
obtaining a permit or | ||||||
4 | exemption from the State
Board. The State Board shall not | ||||||
5 | delegate to the staff of
the State Board or any other person or | ||||||
6 | entity the authority to grant
permits or exemptions whenever | ||||||
7 | the staff or other person or
entity would be required to | ||||||
8 | exercise any discretion affecting the decision
to grant a | ||||||
9 | permit or exemption. The State Board may, by rule, delegate | ||||||
10 | authority to the Chairman to grant permits or exemptions when | ||||||
11 | applications meet all of the State Board's review criteria and | ||||||
12 | are unopposed.
| ||||||
13 | A permit or exemption shall be obtained prior to the | ||||||
14 | acquisition
of major medical equipment or to the construction | ||||||
15 | or modification of a
health care facility which:
| ||||||
16 | (a) requires a total capital expenditure in excess of | ||||||
17 | the capital
expenditure
minimum; or
| ||||||
18 | (b) substantially changes the scope or changes the | ||||||
19 | functional operation
of the facility; or
| ||||||
20 | (c) changes the bed capacity of a health care facility | ||||||
21 | by increasing the
total number of beds or by distributing | ||||||
22 | beds among
various categories of service or by relocating | ||||||
23 | beds from one physical facility
or site to another by more | ||||||
24 | than 20 beds or more than 10% of total bed
capacity as | ||||||
25 | defined by the
State Board, whichever is less, over a | ||||||
26 | 2-year period.
|
| |||||||
| |||||||
1 | A permit shall be valid only for the defined construction | ||||||
2 | or modifications,
site, amount and person named in the | ||||||
3 | application for such permit. The State Board may approve the | ||||||
4 | transfer of an existing permit without regard to whether the | ||||||
5 | permit to be transferred has yet been financially committed, | ||||||
6 | except for permits to establish a new facility or category of | ||||||
7 | service. A permit shall be valid until such
time as the project | ||||||
8 | has been completed,
provided that the project
commences and | ||||||
9 | proceeds to completion with due diligence by the completion | ||||||
10 | date or extension date approved by the Board. | ||||||
11 | A permit holder must do the following: (i) submit the | ||||||
12 | final completion and cost report for the project within 90 | ||||||
13 | days after the approved project completion date or extension | ||||||
14 | date and (ii) submit annual progress reports no earlier than | ||||||
15 | 30 days before and no later than 30 days after each anniversary | ||||||
16 | date of the Board's approval of the permit until the project is | ||||||
17 | completed. To maintain a valid permit and to monitor progress | ||||||
18 | toward project commencement and completion, routine | ||||||
19 | post-permit reports shall be limited to annual progress | ||||||
20 | reports and the final completion and cost report. Annual | ||||||
21 | progress reports shall include information regarding the | ||||||
22 | committed funds expended toward the approved project. For | ||||||
23 | projects to be completed in 12 months or less, the permit | ||||||
24 | holder shall report financial commitment in the final | ||||||
25 | completion and cost report. For projects to be completed | ||||||
26 | between 12 to 24 months, the permit holder shall report |
| |||||||
| |||||||
1 | financial commitment in the first annual report. For projects | ||||||
2 | to be completed in more than 24 months, the permit holder shall | ||||||
3 | report financial commitment in the second annual progress | ||||||
4 | report. The report shall contain information regarding | ||||||
5 | expenditures and financial commitments. The State Board may | ||||||
6 | extend the financial commitment period after considering a | ||||||
7 | permit holder's showing of good cause and request for | ||||||
8 | additional time to complete the project. | ||||||
9 | The Certificate of Need process required under this Act is | ||||||
10 | designed to support equitable access to health care services, | ||||||
11 | develop and protect safety net services, and restrain rising | ||||||
12 | health care costs by preventing unnecessary construction or | ||||||
13 | modification of health care facilities. The Board must assure | ||||||
14 | that the establishment, construction, or modification of a | ||||||
15 | health care facility or the acquisition of major medical | ||||||
16 | equipment is consistent with the public interest and that the | ||||||
17 | proposed project is consistent with the orderly and economic | ||||||
18 | development or acquisition of those facilities and equipment | ||||||
19 | and is in accord with the standards, criteria, or plans of need | ||||||
20 | adopted and approved by the Board. The Board must assure | ||||||
21 | decisions regarding hospital facility or service | ||||||
22 | discontinuations are consistent with the health equity | ||||||
23 | purposes of the Act and weigh whether or not such facility or | ||||||
24 | service discontinuations will worsen health disparities. Board | ||||||
25 | decisions regarding the construction of health care facilities | ||||||
26 | must consider capacity, quality, value, and equity. Projects |
| |||||||
| |||||||
1 | may deviate from the costs, fees, and expenses provided in | ||||||
2 | their project cost information for the project's cost | ||||||
3 | components, provided that the final total project cost does | ||||||
4 | not exceed the approved permit amount. Project alterations | ||||||
5 | shall not increase the total approved permit amount by more | ||||||
6 | than the limit set forth under the Board's rules.
| ||||||
7 | The acquisition by any person of major medical equipment | ||||||
8 | that will not
be owned by or located in a health care facility | ||||||
9 | and that will not be used
to provide services to inpatients of | ||||||
10 | a health care facility shall be exempt
from review provided | ||||||
11 | that a notice is filed in accordance with exemption
| ||||||
12 | requirements.
| ||||||
13 | Notwithstanding any other provision of this Act, no permit | ||||||
14 | or exemption is
required for the construction or modification | ||||||
15 | of a non-clinical service area
of a health care facility.
| ||||||
16 | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18 .)
| ||||||
17 | (20 ILCS 3960/5.4) | ||||||
18 | (Section scheduled to be repealed on December 31, 2029) | ||||||
19 | Sec. 5.4. Safety Net Impact Statement. | ||||||
20 | (a) General review criteria shall include a requirement | ||||||
21 | that all health care facilities, with the exception of skilled | ||||||
22 | and intermediate long-term care facilities licensed under the | ||||||
23 | Nursing Home Care Act, provide a Safety Net Impact Statement, | ||||||
24 | which shall be filed with an application for a substantive | ||||||
25 | project or when the application proposes to discontinue a |
| |||||||
| |||||||
1 | category of service. | ||||||
2 | (b) (Blank). For the purposes of this Section, "safety net | ||||||
3 | services" are services provided by health care providers or | ||||||
4 | organizations that deliver health care services to persons | ||||||
5 | with barriers to mainstream health care due to lack of | ||||||
6 | insurance, inability to pay, special needs, ethnic or cultural | ||||||
7 | characteristics, or geographic isolation. Safety net service | ||||||
8 | providers include, but are not limited to, hospitals and | ||||||
9 | private practice physicians that provide charity care, | ||||||
10 | school-based health centers, migrant health clinics, rural | ||||||
11 | health clinics, federally qualified health centers, community | ||||||
12 | health centers, public health departments, and community | ||||||
13 | mental health centers. | ||||||
14 | (c) As developed by the applicant, a Safety Net Impact | ||||||
15 | Statement shall describe all of the following: | ||||||
16 | (1) The project's material impact, if any, on | ||||||
17 | essential safety net services in the community, including | ||||||
18 | safety net hospitals and critical access hospitals, to the | ||||||
19 | extent that it is feasible for an applicant to have such | ||||||
20 | knowledge. | ||||||
21 | (2) The project's impact on the ability of another | ||||||
22 | provider or health care system to cross-subsidize safety | ||||||
23 | net services , to the extent that it is feasible for an | ||||||
24 | applicant to have such knowledge , if reasonably known to | ||||||
25 | the applicant . | ||||||
26 | (3) How the discontinuation of a facility or service |
| |||||||
| |||||||
1 | will might impact other the remaining safety net | ||||||
2 | providers , to the extent that it is feasible for an | ||||||
3 | applicant to have such knowledge in a given community, if | ||||||
4 | reasonably known by the applicant . | ||||||
5 | (4) How the discontinuation of a facility or service | ||||||
6 | will impact the Medicaid population. | ||||||
7 | (5) How the discontinuation of a facility or service | ||||||
8 | will impact the health status and outcomes of populations | ||||||
9 | suffering from health disparities. This should include | ||||||
10 | consideration of disparities in healthcare access and | ||||||
11 | outcomes by income, race and ethnic identity, and | ||||||
12 | preferred language. | ||||||
13 | (d) Safety Net Impact Statements shall also include all of | ||||||
14 | the following: | ||||||
15 | (1) For the 3 fiscal years prior to the application, a | ||||||
16 | certification describing the amount of charity care | ||||||
17 | provided by the applicant. The amount calculated by | ||||||
18 | hospital applicants shall be in accordance with the | ||||||
19 | reporting requirements for charity care reporting in the | ||||||
20 | Illinois Community Benefits Act. Non-hospital applicants | ||||||
21 | shall report charity care, at cost, in accordance with an | ||||||
22 | appropriate methodology specified by the Board. | ||||||
23 | (2) For the 3 fiscal years prior to the application, a | ||||||
24 | certification of the amount of care provided to Medicaid | ||||||
25 | patients. Hospital and non-hospital applicants shall | ||||||
26 | provide Medicaid information in a manner consistent with |
| |||||||
| |||||||
1 | the information reported each year to the State Board | ||||||
2 | regarding "Inpatients and Outpatients Served by Payor | ||||||
3 | Source" and "Inpatient and Outpatient Net Revenue by Payor | ||||||
4 | Source" as required by the Board under Section 13 of this | ||||||
5 | Act and published in the Annual Hospital Profile. | ||||||
6 | (3) Any information the applicant believes is directly | ||||||
7 | relevant to safety net services, including information | ||||||
8 | regarding teaching, research, and any other service. | ||||||
9 | (e) The Board staff shall publish a notice, that an | ||||||
10 | application accompanied by a Safety Net Impact Statement has | ||||||
11 | been filed, in a newspaper having general circulation within | ||||||
12 | the area affected by the application. If no newspaper has a | ||||||
13 | general circulation within the county, the Board shall post | ||||||
14 | the notice in 5 conspicuous places within the proposed area. | ||||||
15 | (f) Any person, community organization, provider, or | ||||||
16 | health system or other entity wishing to comment upon or | ||||||
17 | oppose the application may file a Safety Net Impact Statement | ||||||
18 | Response with the Board, which shall provide additional | ||||||
19 | information concerning a project's impact on safety net | ||||||
20 | services in the community. | ||||||
21 | (g) Applicants shall be provided an opportunity to submit | ||||||
22 | a reply to any Safety Net Impact Statement Response. | ||||||
23 | (h) The State Board Staff Report shall include a statement | ||||||
24 | as to whether a Safety Net Impact Statement was filed by the | ||||||
25 | applicant and whether it included information on charity care, | ||||||
26 | the amount of care provided to Medicaid patients, and |
| |||||||
| |||||||
1 | information on teaching, research, or any other service | ||||||
2 | provided by the applicant directly relevant to safety net | ||||||
3 | services. The report shall also indicate the names of the | ||||||
4 | parties submitting responses and the number of responses and | ||||||
5 | replies, if any, that were filed.
| ||||||
6 | (Source: P.A. 100-518, eff. 6-1-18 .) | ||||||
7 | (20 ILCS 3960/5.5 new) | ||||||
8 | Sec. 5.5. Emergency Medicine and Trauma Systems Impact | ||||||
9 | Statement. | ||||||
10 | (a) Review criteria shall include a requirement that all | ||||||
11 | general acute hospitals applying to discontinue a facility, | ||||||
12 | intensive care services, or another category of service | ||||||
13 | relevant to emergency medical service and trauma systems | ||||||
14 | identified by rule by the Board include in its application an | ||||||
15 | Emergency Medicine and Trauma Systems Impact Statement. | ||||||
16 | (b) As developed by the applicant, an Emergency Medicine | ||||||
17 | and Trauma Systems Impact Statement shall describe all of the | ||||||
18 | following: | ||||||
19 | (1) How the discontinuation of the facility or service | ||||||
20 | will impact the availability of emergency medical and | ||||||
21 | trauma services for area populations, specifically | ||||||
22 | including those that experience difficulty accessing | ||||||
23 | health services or experience health disparities. | ||||||
24 | (2) How the discontinuation of the facility or service | ||||||
25 | might impact the remaining providers of emergency medical |
| |||||||
| |||||||
1 | and trauma services in the area, to the extent known by the | ||||||
2 | applicant. | ||||||
3 | (c) Emergency Medicine and Trauma Systems Impact | ||||||
4 | Statements shall also include all of the following: | ||||||
5 | (1) A list of each resource identified in any | ||||||
6 | emergency medical service system program plan that will | ||||||
7 | cease to exist as a result of the facility or service | ||||||
8 | discontinuation, with a description of its utilization in | ||||||
9 | the most recent 2 years for which data is available. | ||||||
10 | (2) A list of each resource identified in any trauma | ||||||
11 | or stroke center designation that will cease to exist as a | ||||||
12 | result of the facility or service discontinuation, with a | ||||||
13 | description of its utilization in the most recent 2 years | ||||||
14 | for which data is available. | ||||||
15 | (3) If any resource listed pursuant to paragraphs (1) | ||||||
16 | or (2) above was on diversion or bypass status or | ||||||
17 | otherwise not available during the 2 years, the statement | ||||||
18 | must list the times and reasons it was on bypass. | ||||||
19 | (d) The Board staff shall publish a notice, that an | ||||||
20 | application accompanied by an Emergency Medicine and Trauma | ||||||
21 | Systems Impact Statement has been filed, in a newspaper having | ||||||
22 | general circulation within the area affected by the | ||||||
23 | application. If no newspaper has a general circulation within | ||||||
24 | the county, the Board shall post the notice in 5 conspicuous | ||||||
25 | places within the proposed area. The public notice required by | ||||||
26 | this subsection may be provided in conjunction with the notice |
| |||||||
| |||||||
1 | required for a safety net impact statement pursuant to | ||||||
2 | subsection (e) of Section 5.4. | ||||||
3 | (e) Any person, community organization, provider, or | ||||||
4 | health system or other entity wishing to comment upon or | ||||||
5 | oppose the application may file an Emergency Medical and | ||||||
6 | Trauma Systems Impact Statement Response with the Board, which | ||||||
7 | shall provide additional information concerning a project's | ||||||
8 | impact on emergency medical and trauma services in the | ||||||
9 | community. | ||||||
10 | (f) Applicants shall be provided an opportunity to submit | ||||||
11 | a reply to any Emergency Medical and Trauma Systems Impact | ||||||
12 | Statement Response. | ||||||
13 | (g) The State Board Staff Report shall include a statement | ||||||
14 | as to whether an Emergency Medical and Trauma Systems Impact | ||||||
15 | Statement was filed by the applicant and whether it included | ||||||
16 | each item of information described in the lists of subsections | ||||||
17 | (b) and (c) above. The report shall also indicate the names of | ||||||
18 | the parties submitting responses and the number of responses | ||||||
19 | and replies, if any, that were filed. | ||||||
20 | (20 ILCS 3960/5.6 new) | ||||||
21 | Sec. 5.6. Maternal and Child Health Impact Statement. | ||||||
22 | (a) Review criteria shall include a requirement that all | ||||||
23 | general acute hospitals applying to discontinue a facility, | ||||||
24 | obstetric services, pediatric services, neonatal intensive | ||||||
25 | care services, or any other category of service relevant to |
| |||||||
| |||||||
1 | maternal and child health identified by rule by the Board | ||||||
2 | include in its application an Maternal and Child Health Impact | ||||||
3 | Statement. | ||||||
4 | (b) As developed by the applicant, a Maternal and Child | ||||||
5 | Health Impact Statement shall describe all of the following: | ||||||
6 | (1) How the discontinuation of the facility or service | ||||||
7 | will impact the availability of perinatal and maternal | ||||||
8 | care services for area populations, specifically including | ||||||
9 | those that experience difficulty accessing health services | ||||||
10 | or experience health disparities. | ||||||
11 | (2) How the discontinuation of the facility or service | ||||||
12 | might impact the remaining providers of perinatal and | ||||||
13 | maternal care services in the area, to the extent known by | ||||||
14 | the applicant. | ||||||
15 | (c) Maternal and Child Health Impact Statements shall also | ||||||
16 | include all of the following: | ||||||
17 | (1) A list of each resource identified in any | ||||||
18 | obstetric and neonatal service plan, hospital perinatal | ||||||
19 | care level designation, or maternal care level designation | ||||||
20 | that will cease to exist as a result of the facility or | ||||||
21 | service discontinuation, with a description of its | ||||||
22 | utilization in the most recent 2 years for which data is | ||||||
23 | available. | ||||||
24 | (2) A list of any resource that was developed through | ||||||
25 | initiatives set forth in Section 2310-222 of the | ||||||
26 | Department of Public Health Powers and Duties Law to |
| |||||||
| |||||||
1 | improve birth equity and reduce postpartum racial and | ||||||
2 | ethnic disparities, or that serves similar purposes that | ||||||
3 | will cease to exist as a result of the facility or service | ||||||
4 | discontinuation. | ||||||
5 | (d) The Board staff shall publish a notice, that an | ||||||
6 | application accompanied by a Maternal and Child Health Impact | ||||||
7 | Statement has been filed, in a newspaper having general | ||||||
8 | circulation within the area affected by the application. If no | ||||||
9 | newspaper has a general circulation within the county, the | ||||||
10 | Board shall post the notice in 5 conspicuous places within the | ||||||
11 | proposed area. The public notice required by this subsection | ||||||
12 | may be provided in conjunction with the notice required for a | ||||||
13 | safety net impact statement pursuant to subsection (e) of | ||||||
14 | Section 5.4. | ||||||
15 | (e) Any person, community organization, provider, or | ||||||
16 | health system or other entity wishing to comment upon or | ||||||
17 | oppose the application may file a Maternal and Child Health | ||||||
18 | Impact Statement Response with the Board, which shall provide | ||||||
19 | additional information concerning a project's impact on | ||||||
20 | maternal and child health services in the community. | ||||||
21 | (f) Applicants shall be provided an opportunity to submit | ||||||
22 | a reply to any Maternal and Child Health Impact Statement | ||||||
23 | Response. | ||||||
24 | (g) The State Board Staff Report shall include a statement | ||||||
25 | as to whether a Maternal and Child Health Impact Statement was | ||||||
26 | filed by the applicant and whether it included each item of |
| |||||||
| |||||||
1 | information described in the lists of subsections (b) and (c) | ||||||
2 | above. The report shall also indicate the names of the parties | ||||||
3 | submitting responses and the number of responses and replies, | ||||||
4 | if any, that were filed.
| ||||||
5 | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| ||||||
6 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
7 | Sec. 6. Application for permit or exemption; exemption | ||||||
8 | regulations.
| ||||||
9 | (a) An application for a permit or exemption shall be made | ||||||
10 | to
the State Board upon forms provided by the State Board. This | ||||||
11 | application
shall contain such information
as the State Board | ||||||
12 | deems necessary. The State Board shall not require an | ||||||
13 | applicant to file a Letter of Intent before an application is | ||||||
14 | filed. Such
application shall include affirmative evidence on | ||||||
15 | which the State
Board or Chairman may make its decision on the | ||||||
16 | approval or denial of the permit or
exemption.
| ||||||
17 | (b) The State Board shall establish by regulation the | ||||||
18 | procedures and
requirements
regarding issuance of exemptions.
| ||||||
19 | An exemption shall be approved when information required by | ||||||
20 | the Board by rule
is submitted. Projects
eligible for an | ||||||
21 | exemption, rather than a permit, shall be include, but are not | ||||||
22 | limited
to ,
change of ownership of a health care facility , | ||||||
23 | establishment or expansion of a neonatal intensive care | ||||||
24 | category of service, and discontinuation of a category of | ||||||
25 | service, other than at a hospital, or a health care facility |
| |||||||
| |||||||
1 | maintained by the State or any agency or department thereof or | ||||||
2 | a nursing home maintained by a county. The Board may accept an | ||||||
3 | application for an exemption for the discontinuation of a | ||||||
4 | category of service at any other a health care facility only | ||||||
5 | once in a 6-month period following (1) the previous | ||||||
6 | application for exemption at the same health care facility or | ||||||
7 | (2) the final decision of the Board regarding the | ||||||
8 | discontinuation of a category of service at the same health | ||||||
9 | care facility, whichever occurs later. A discontinuation of a | ||||||
10 | category of service shall otherwise require an application for | ||||||
11 | a permit if an application for an exemption has already been | ||||||
12 | accepted within the 6-month period. For a change of
ownership | ||||||
13 | among related persons of a health care
facility, the State | ||||||
14 | Board shall provide by rule for an
expedited
process for | ||||||
15 | obtaining an exemption. For the purposes of this Section, | ||||||
16 | "change of ownership among related persons" means a | ||||||
17 | transaction in which the parties to the transaction are under | ||||||
18 | common control or ownership before and after the transaction | ||||||
19 | is complete.
| ||||||
20 | (c) All applications shall be signed by the applicant and | ||||||
21 | shall be
verified by any 2 officers thereof.
| ||||||
22 | (c-5) Any written review or findings of the Board staff | ||||||
23 | set forth in the State Board Staff Report concerning an | ||||||
24 | application for a permit must be made available to the public | ||||||
25 | and the applicant at least 14 calendar days before the meeting | ||||||
26 | of the State Board at which the review or findings are |
| |||||||
| |||||||
1 | considered. The applicant and members of the public may | ||||||
2 | submit, to the State Board, written responses regarding the | ||||||
3 | facts set forth in the review or findings of the Board staff. | ||||||
4 | Members of the public and the applicant shall have until 10 | ||||||
5 | days before the meeting of the State Board to submit any | ||||||
6 | written response concerning the Board staff's written review | ||||||
7 | or findings. The Board staff may revise any findings to | ||||||
8 | address corrections of factual errors cited in the public | ||||||
9 | response. At the meeting, the State Board may, in its | ||||||
10 | discretion, permit the submission of other additional written | ||||||
11 | materials.
| ||||||
12 | (d) Upon receipt of an application for a permit, the State | ||||||
13 | Board shall
approve and authorize the issuance of a permit if | ||||||
14 | it finds (1) that the
applicant is fit, willing, and able to | ||||||
15 | provide a proper standard of
health care service for the | ||||||
16 | community with particular regard to the
qualification, | ||||||
17 | background and character of the applicant, (2) that
economic | ||||||
18 | feasibility is demonstrated in terms of effect on the existing
| ||||||
19 | and projected operating budget of the applicant and of the | ||||||
20 | health care
facility; in terms of the applicant's ability to | ||||||
21 | establish and operate
such facility in accordance with | ||||||
22 | licensure regulations promulgated under
pertinent state laws; | ||||||
23 | and in terms of the projected impact on the total
health care | ||||||
24 | expenditures in the facility and community, (3) that
| ||||||
25 | safeguards are provided that assure that the establishment,
| ||||||
26 | construction or modification of the health care facility or |
| |||||||
| |||||||
1 | acquisition
of major medical equipment is consistent
with the | ||||||
2 | public interest, and (4) that the proposed project is | ||||||
3 | consistent
with the orderly and economic
development of such | ||||||
4 | facilities and equipment and is in accord with standards,
| ||||||
5 | criteria, or plans of need adopted and approved pursuant to | ||||||
6 | the
provisions of Section 12 of this Act. Notwithstanding the | ||||||
7 | foregoing or any other provision of this Act, the State Board | ||||||
8 | may deny issuance of a permit if it finds the project will | ||||||
9 | plausibly increase health disparities.
| ||||||
10 | (d-5) For an application for a permit to discontinue a | ||||||
11 | hospital facility or service, the State Board shall consider: | ||||||
12 | (1) how the discontinuation of the facility or service | ||||||
13 | will impact safety net services; | ||||||
14 | (2) the emergency medical and trauma system impact, if | ||||||
15 | applicable; | ||||||
16 | (3) the maternal and child health impact, if | ||||||
17 | applicable; and | ||||||
18 | (4) the economic feasibility, based on the resources | ||||||
19 | of the applicant and related persons, of continued | ||||||
20 | operation as an alternative. | ||||||
21 | (e) The State Board may attach conditions to issuance of a | ||||||
22 | permit requiring that certain disclosed support or subsidies | ||||||
23 | received by the hospital must be repaid. | ||||||
24 | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; | ||||||
25 | 101-83, eff. 7-15-19.)
|
| |||||||
| |||||||
1 | (20 ILCS 3960/6.05 new) | ||||||
2 | Sec. 6.05. Hospital closure during a pandemic. The State | ||||||
3 | Board shall not issue a permit or take any other action that | ||||||
4 | would allow closure of a general acute care hospital to | ||||||
5 | proceed during a public health emergency declared pursuant to | ||||||
6 | the Illinois Emergency Management Act as the result of an | ||||||
7 | infectious disease pandemic. | ||||||
8 | (20 ILCS 3960/6.2) | ||||||
9 | (Section scheduled to be repealed on December 31, 2029) | ||||||
10 | Sec. 6.2. Review of permits; State Board Staff Reports. | ||||||
11 | Upon receipt of an application for a permit to establish,
| ||||||
12 | construct, or modify a health care facility, the State Board | ||||||
13 | staff
shall notify the applicant in writing within 10
working | ||||||
14 | days either that the application is or is not substantially | ||||||
15 | complete. If the
application is substantially complete, the | ||||||
16 | State Board staff shall
notify the applicant of the beginning | ||||||
17 | of the review process. If the application is not substantially | ||||||
18 | complete, the Board staff shall explain within the 10-day | ||||||
19 | period why the application is incomplete. | ||||||
20 | The State Board staff shall afford a reasonable amount of | ||||||
21 | time as
established by the State Board, but not to exceed 180 | ||||||
22 | 120 days,
for the review of the application. The 180-day | ||||||
23 | 120-day period
begins on the day the application is found to be
| ||||||
24 | substantially complete, as that term is defined by the State
| ||||||
25 | Board. During the 180-day 120-day period, the applicant may |
| |||||||
| |||||||
1 | request
an extension. An applicant may modify the application | ||||||
2 | at any
time before a final administrative decision has been | ||||||
3 | made on the
application.
| ||||||
4 | The State Board staff shall submit its State Board Staff | ||||||
5 | Report
to the State Board for its decision-making regarding | ||||||
6 | approval or denial of the permit. | ||||||
7 | When an application for a permit is initially reviewed by
| ||||||
8 | State Board staff, as provided in this Section, the State | ||||||
9 | Board shall, upon request by the applicant or an interested | ||||||
10 | person, afford an opportunity for a public hearing within a | ||||||
11 | reasonable amount of time
after receipt of the complete | ||||||
12 | application, but not to exceed
90 days after receipt of the | ||||||
13 | complete application. Notice of the hearing shall be made | ||||||
14 | promptly, not less than 10 days before the hearing, by
| ||||||
15 | certified mail to the applicant and, not less than 10 days | ||||||
16 | before the
hearing, by publication in a newspaper of general | ||||||
17 | circulation
in the area or community to be affected. The | ||||||
18 | hearing shall
be held in the area or community in which the | ||||||
19 | proposed
project is to be located and shall be for the purpose | ||||||
20 | of allowing
the applicant and any interested person to present | ||||||
21 | public
testimony concerning the approval, denial, renewal, or
| ||||||
22 | revocation of the permit. All interested persons attending
the | ||||||
23 | hearing shall be given a reasonable opportunity to present
| ||||||
24 | their views or arguments in writing or orally, and a record
of | ||||||
25 | all of the testimony shall accompany any findings of the State
| ||||||
26 | Board staff. The State Board shall adopt reasonable rules and |
| |||||||
| |||||||
1 | regulations
governing the procedure and conduct of the | ||||||
2 | hearings.
| ||||||
3 | (Source: P.A. 99-114, eff. 7-23-15; 100-681, eff. 8-3-18 .) | ||||||
4 | (20 ILCS 3960/8.5) | ||||||
5 | (Section scheduled to be repealed on December 31, 2029) | ||||||
6 | Sec. 8.5. Certificate of exemption for change of ownership | ||||||
7 | of a health care facility; discontinuation of a category of | ||||||
8 | service; public notice and public hearing. | ||||||
9 | (a) Upon a finding that an application for a change of | ||||||
10 | ownership is complete, the State Board shall publish a legal | ||||||
11 | notice on 3 consecutive days in a newspaper of general | ||||||
12 | circulation in the area or community to be affected and afford | ||||||
13 | the public an opportunity to request a hearing. If the | ||||||
14 | application is for a facility located in a Metropolitan | ||||||
15 | Statistical Area, an additional legal notice shall be | ||||||
16 | published in a newspaper of limited circulation, if one | ||||||
17 | exists, in the area in which the facility is located. If the | ||||||
18 | newspaper of limited circulation is published on a daily | ||||||
19 | basis, the additional legal notice shall be published on 3 | ||||||
20 | consecutive days. The applicant shall pay the cost incurred by | ||||||
21 | the Board in publishing the change of ownership notice in | ||||||
22 | newspapers as required under this subsection. The legal notice | ||||||
23 | shall also be posted on the Health Facilities and Services | ||||||
24 | Review Board's web site and sent to the State Representative | ||||||
25 | and State Senator of the district in which the health care |
| |||||||
| |||||||
1 | facility is located. An application for change of ownership of | ||||||
2 | a hospital shall not be deemed complete without a signed | ||||||
3 | certification that for a period of 2 years after the change of | ||||||
4 | ownership transaction is effective, the hospital will not | ||||||
5 | adopt a charity care policy that is
more restrictive than the | ||||||
6 | policy in effect during the year prior to the transaction. An | ||||||
7 | application for change of ownership of a hospital shall not be | ||||||
8 | deemed complete without a signed certification that for a | ||||||
9 | period of 18 months after the change of ownership transaction | ||||||
10 | is effective, the hospital will not pursue facility closure, | ||||||
11 | and for a period of 6 months after the change of ownership | ||||||
12 | transaction is effective, the hospital will not pursue | ||||||
13 | discontinuation of any category of service. An application for | ||||||
14 | a change of ownership need not contain signed transaction | ||||||
15 | documents so long as it includes the following key terms of the | ||||||
16 | transaction: names and background of the parties; structure of | ||||||
17 | the transaction; the person who will be the licensed or | ||||||
18 | certified entity after the transaction; the ownership or | ||||||
19 | membership interests in such licensed or certified entity both | ||||||
20 | prior to and after the transaction; fair market value of | ||||||
21 | assets to be transferred; and the purchase price or other form | ||||||
22 | of consideration to be provided for those assets. The issuance | ||||||
23 | of the certificate of exemption shall be contingent upon the | ||||||
24 | applicant submitting a statement to the Board within 90 days | ||||||
25 | after the closing date of the transaction, or such longer | ||||||
26 | period as provided by the Board, certifying that the change of |
| |||||||
| |||||||
1 | ownership has been completed in accordance with the key terms | ||||||
2 | contained in the application. If such key terms of the | ||||||
3 | transaction change, a new application shall be required. | ||||||
4 | Where a change of ownership is among related persons, and | ||||||
5 | there are no other changes being proposed at the health care | ||||||
6 | facility that would otherwise require a permit or exemption | ||||||
7 | under this Act, the applicant shall submit an application | ||||||
8 | consisting of a standard notice in a form set forth by the | ||||||
9 | Board briefly explaining the reasons for the proposed change | ||||||
10 | of ownership. Once such an application is submitted to the | ||||||
11 | Board and reviewed by the Board staff, the Board Chair shall | ||||||
12 | take action on an application for an exemption for a change of | ||||||
13 | ownership among related persons within 45 days after the | ||||||
14 | application has been deemed complete, provided the application | ||||||
15 | meets the applicable standards under this Section. If the | ||||||
16 | Board Chair has a conflict of interest or for other good cause, | ||||||
17 | the Chair may request review by the Board. Notwithstanding any | ||||||
18 | other provision of this Act, for purposes of this Section, a | ||||||
19 | change of ownership among related persons means a transaction | ||||||
20 | where the parties to the transaction are under common control | ||||||
21 | or ownership before and after the transaction is completed. | ||||||
22 | Nothing in this Act shall be construed as authorizing the | ||||||
23 | Board to impose any conditions, obligations, or limitations, | ||||||
24 | other than those required by this Section, with respect to the | ||||||
25 | issuance of an exemption for a change of ownership, including, | ||||||
26 | but not limited to, the time period before which a subsequent |
| |||||||
| |||||||
1 | change of ownership of the health care facility could be | ||||||
2 | sought, or the commitment to continue to offer for a specified | ||||||
3 | time period any services currently offered by the health care | ||||||
4 | facility. | ||||||
5 | (a-3) (Blank). | ||||||
6 | (a-5) Upon a finding that an application to discontinue a | ||||||
7 | category of service is complete and provides the requested | ||||||
8 | information, as specified by the State Board, an exemption | ||||||
9 | shall be issued. No later than 30 days after the issuance of | ||||||
10 | the exemption, the health care facility must give written | ||||||
11 | notice of the discontinuation of the category of service to | ||||||
12 | the State Senator and State Representative serving the | ||||||
13 | legislative district in which the health care facility is | ||||||
14 | located. No later than 90 days after a discontinuation of a | ||||||
15 | category of service, the applicant must submit a statement to | ||||||
16 | the State Board certifying that the discontinuation is | ||||||
17 | complete. | ||||||
18 | (b) If a public hearing is requested, it shall be held at | ||||||
19 | least 15 days but no more than 30 days after the date of | ||||||
20 | publication of the legal notice in the community in which the | ||||||
21 | facility is located. The hearing shall be held in the affected | ||||||
22 | area or community in a place of reasonable size and | ||||||
23 | accessibility and a full and complete written transcript of | ||||||
24 | the proceedings shall be made. All interested persons | ||||||
25 | attending the hearing shall be given a reasonable opportunity | ||||||
26 | to present their positions in writing or orally. The applicant |
| |||||||
| |||||||
1 | shall provide a summary or describe the proposed change of | ||||||
2 | ownership at the public hearing.
| ||||||
3 | (c) For the purposes of this Section "newspaper of limited | ||||||
4 | circulation" means a newspaper intended to serve a particular | ||||||
5 | or defined population of a specific geographic area within a | ||||||
6 | Metropolitan Statistical Area such as a municipality, town, | ||||||
7 | village, township, or community area, but does not include | ||||||
8 | publications of professional and trade associations. | ||||||
9 | (d) The changes made to this Section by this amendatory | ||||||
10 | Act of the 101st General Assembly shall apply to all | ||||||
11 | applications submitted after the effective date of this | ||||||
12 | amendatory Act of the 101st General Assembly. | ||||||
13 | (Source: P.A. 100-201, eff. 8-18-17; 101-83, eff. 7-15-19.) | ||||||
14 | (20 ILCS 3960/8.7) | ||||||
15 | (Section scheduled to be repealed on December 31, 2029) | ||||||
16 | Sec. 8.7. Application for permit for discontinuation of a | ||||||
17 | health care facility or category of service; public notice and | ||||||
18 | public hearing. | ||||||
19 | (a) Upon a finding that an application to close a health | ||||||
20 | care facility or discontinue a category of service is | ||||||
21 | complete, the State Board shall publish a legal notice on 3 | ||||||
22 | consecutive days in a newspaper of general circulation in the | ||||||
23 | area or community to be affected and afford the public an | ||||||
24 | opportunity to request a hearing. If the application is for a | ||||||
25 | facility located in a Metropolitan Statistical Area, an |
| |||||||
| |||||||
1 | additional legal notice shall be published in a newspaper of | ||||||
2 | limited circulation, if one exists, in the area in which the | ||||||
3 | facility is located. If the newspaper of limited circulation | ||||||
4 | is published on a daily basis, the additional legal notice | ||||||
5 | shall be published on 3 consecutive days. The legal notice | ||||||
6 | shall also be posted on the Health Facilities and Services | ||||||
7 | Review Board's website and sent to the State Representative | ||||||
8 | and State Senator of the district in which the health care | ||||||
9 | facility is located. In addition, the health care facility | ||||||
10 | shall provide notice of closure to the local media that the | ||||||
11 | health care facility would routinely notify about facility | ||||||
12 | events. | ||||||
13 | An application to close a health care facility shall only | ||||||
14 | be deemed complete if it includes evidence that the health | ||||||
15 | care facility provided written notice at least 30 days prior | ||||||
16 | to filing the application of its intent to do so to the | ||||||
17 | municipality in which it is located, the State Representative | ||||||
18 | and State Senator of the district in which the health care | ||||||
19 | facility is located, the State Board, the Director of Public | ||||||
20 | Health, and the Director of Healthcare and Family Services. | ||||||
21 | The changes made to this subsection by this amendatory Act of | ||||||
22 | the 101st General Assembly shall apply to all applications | ||||||
23 | submitted after the effective date of this amendatory Act of | ||||||
24 | the 101st General Assembly. | ||||||
25 | (b) An application to close a hospital facility, or | ||||||
26 | discontinue a hospital service if applicable, shall only be |
| |||||||
| |||||||
1 | deemed complete when the applicant includes a list of public | ||||||
2 | support or subsidies it has received without repaying or | ||||||
3 | fulfilling obligations or any other public subsidies it has | ||||||
4 | received in the past 5 years, including hospital assessment | ||||||
5 | funded supplemental payments, capital development grants, | ||||||
6 | public health grants, economic development grants and | ||||||
7 | supports, and any other categories the Board may identify by | ||||||
8 | rule. In cases of service discontinuation, this requirement | ||||||
9 | applies if the support or subsidy is specific to the service. | ||||||
10 | (c) In cases of hospital facility or service | ||||||
11 | discontinuation, a public response to a safety net impact | ||||||
12 | statement under subsection (f) of Section 5.4, emergency | ||||||
13 | medicine and trauma system impact statement under subsection | ||||||
14 | (e) of Section 5.5, or maternal and child health impact | ||||||
15 | statement under subsection (e) of Section 5.6 may request an | ||||||
16 | investigative hearing by the full board under the procedures | ||||||
17 | set forth in Section 13. The Board may grant at its discretion | ||||||
18 | any such requests for an investigative hearing. In response to | ||||||
19 | one or more requests from any of the following, the Board shall | ||||||
20 | conduct at minimum one investigative hearing with a scope | ||||||
21 | covering the subject matter of all impact statements subject | ||||||
22 | to such requests: (i) an elected official representing a | ||||||
23 | district containing the hospital; (ii) an organization | ||||||
24 | representing employees at the hospital; (iii) a safety net | ||||||
25 | hospital or critical access hospital plausibly affected by the | ||||||
26 | application; or (iv) at least 50 community members residing in |
| |||||||
| |||||||
1 | the area affected by the application. | ||||||
2 | (d) No later than 30 days after issuance of a permit to | ||||||
3 | close a health care facility or discontinue a category of | ||||||
4 | service, the permit holder shall give written notice of the | ||||||
5 | closure or discontinuation to the State Senator and State | ||||||
6 | Representative serving the legislative district in which the | ||||||
7 | health care facility is located. | ||||||
8 | (e) (c) If there is a pending lawsuit that challenges an | ||||||
9 | application to discontinue a health care facility that either | ||||||
10 | names the Board as a party or alleges fraud in the filing of | ||||||
11 | the application, the Board may defer action on the application | ||||||
12 | until there is no longer such a lawsuit pending for up to 6 | ||||||
13 | months after the date of the initial deferral of the | ||||||
14 | application . | ||||||
15 | (f) (d) The changes made to this Section by this | ||||||
16 | amendatory Act of the 101st General Assembly shall apply to | ||||||
17 | all applications submitted after the effective date of this | ||||||
18 | amendatory Act of the 101st General Assembly.
| ||||||
19 | (Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.)
| ||||||
20 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||||||
21 | (Section scheduled to be repealed on December 31, 2029) | ||||||
22 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
23 | this Act,
the State Board
shall
exercise the following powers | ||||||
24 | and duties:
| ||||||
25 | (1) Prescribe rules,
regulations, standards, criteria, |
| |||||||
| |||||||
1 | procedures or reviews which may vary
according to the | ||||||
2 | purpose for which a particular review is being conducted
| ||||||
3 | or the type of project reviewed and which are required to | ||||||
4 | carry out the
provisions and purposes of this Act. | ||||||
5 | Policies and procedures of the State Board shall take into | ||||||
6 | consideration the priorities and needs of medically | ||||||
7 | underserved areas and other health care services, giving | ||||||
8 | special consideration to the impact of projects on access | ||||||
9 | to safety net services.
| ||||||
10 | (2) Adopt procedures for public
notice and hearing on | ||||||
11 | all proposed rules, regulations, standards,
criteria, and | ||||||
12 | plans required to carry out the provisions of this Act.
| ||||||
13 | (3) (Blank).
| ||||||
14 | (4) Develop criteria and standards for health care | ||||||
15 | facilities planning,
conduct statewide inventories of | ||||||
16 | health care facilities, maintain an updated
inventory on | ||||||
17 | the Board's web site reflecting the
most recent bed and | ||||||
18 | service
changes and updated need determinations when new | ||||||
19 | census data become available
or new need formulae
are | ||||||
20 | adopted,
and
develop health care facility plans which | ||||||
21 | shall be utilized in the review of
applications for permit | ||||||
22 | under
this Act. Such health facility plans shall be | ||||||
23 | coordinated by the Board
with pertinent State Plans. | ||||||
24 | Inventories pursuant to this Section of skilled or | ||||||
25 | intermediate care facilities licensed under the Nursing | ||||||
26 | Home Care Act, skilled or intermediate care facilities |
| |||||||
| |||||||
1 | licensed under the ID/DD Community Care Act, skilled or | ||||||
2 | intermediate care facilities licensed under the MC/DD Act, | ||||||
3 | facilities licensed under the Specialized Mental Health | ||||||
4 | Rehabilitation Act of 2013, or nursing homes licensed | ||||||
5 | under the Hospital Licensing Act shall be conducted on an | ||||||
6 | annual basis no later than July 1 of each year and shall | ||||||
7 | include among the information requested a list of all | ||||||
8 | services provided by a facility to its residents and to | ||||||
9 | the community at large and differentiate between active | ||||||
10 | and inactive beds.
| ||||||
11 | In developing health care facility plans, the State | ||||||
12 | Board shall consider,
but shall not be limited to, the | ||||||
13 | following:
| ||||||
14 | (a) The size, composition and growth of the | ||||||
15 | population of the area
to be served; | ||||||
16 | (a-5) The incidence of diseases or health | ||||||
17 | conditions that correlate with a need for services or | ||||||
18 | facilities, determined either directly or through a | ||||||
19 | comparison of the population characteristics of an | ||||||
20 | area with those of a similar, larger, or encompassing | ||||||
21 | reference area;
| ||||||
22 | (b) The number of existing and planned facilities | ||||||
23 | offering similar
programs;
| ||||||
24 | (c) The extent of utilization of existing | ||||||
25 | facilities; | ||||||
26 | (c-5) Size, composition, and growth of the |
| |||||||
| |||||||
1 | population covered by Medicaid relative to existing | ||||||
2 | services;
| ||||||
3 | (d) The availability of facilities which may serve | ||||||
4 | as alternatives
or substitutes;
| ||||||
5 | (e) The availability of personnel necessary to the | ||||||
6 | operation of the
facility;
| ||||||
7 | (f) Multi-institutional planning and the | ||||||
8 | establishment of
multi-institutional systems where | ||||||
9 | feasible; | ||||||
10 | (f-5) Impact on safety net services including | ||||||
11 | safety net and critical access hospitals;
| ||||||
12 | (g) The financial and economic feasibility of | ||||||
13 | proposed construction
or modification; and
| ||||||
14 | (h) In the case of health care facilities | ||||||
15 | established by a religious
body or denomination, the | ||||||
16 | needs of the members of such religious body or
| ||||||
17 | denomination may be considered to be public need ; .
| ||||||
18 | (i) The presence and severity of health | ||||||
19 | disparities among the population to be served, | ||||||
20 | including consideration of disparities in healthcare | ||||||
21 | access and outcomes by income, race and ethnic | ||||||
22 | identity, and preferred language; and | ||||||
23 | (j) Beginning 2 years after the effective date of | ||||||
24 | this amendatory Act of the 102nd General Assembly, | ||||||
25 | need formulae shall be based on incidence of diseases | ||||||
26 | or health conditions that correlate with the need for |
| |||||||
| |||||||
1 | a service and shall adjust such incidence by | ||||||
2 | disparities among the population described in | ||||||
3 | paragraph (i) above. The Office of Policy, Planning, | ||||||
4 | and Statistics; the Center for Minority Health | ||||||
5 | Services; the Center for Rural Health; and, at the | ||||||
6 | discretion of the Director, any other division of the | ||||||
7 | Department shall provide support in the development of | ||||||
8 | new formulae, data, and planning policies if requested | ||||||
9 | by the Board. The Board shall adopt rules to implement | ||||||
10 | this paragraph (j). | ||||||
11 | | ||||||
12 | The health care facility plans which are developed and | ||||||
13 | adopted in
accordance with this Section shall form the | ||||||
14 | basis for the plan of the State
to deal most effectively | ||||||
15 | with statewide health needs in regard to health
care | ||||||
16 | facilities.
| ||||||
17 | (5) Coordinate with other state agencies having | ||||||
18 | responsibilities
affecting health care facilities, | ||||||
19 | including those of licensure and cost
reporting.
| ||||||
20 | (6) Solicit, accept, hold and administer on behalf of | ||||||
21 | the State
any grants or bequests of money, securities or | ||||||
22 | property for
use by the State Board in the administration | ||||||
23 | of this Act; and enter into contracts
consistent with the | ||||||
24 | appropriations for purposes enumerated in this Act.
| ||||||
25 | (7) (Blank).
| ||||||
26 | (7.5) Protect safety net services. |
| |||||||
| |||||||
1 | (8) Prescribe rules, regulations,
standards, and | ||||||
2 | criteria for the conduct of an expeditious review of
| ||||||
3 | applications
for permits for projects of construction or | ||||||
4 | modification of a health care
facility, which projects are | ||||||
5 | classified as emergency, substantive, or non-substantive | ||||||
6 | in nature. | ||||||
7 | Substantive projects shall include no more than the | ||||||
8 | following: | ||||||
9 | (a) Projects to construct (1) a new or replacement | ||||||
10 | facility located on a new site or
(2) a replacement | ||||||
11 | facility located on the same site as the original | ||||||
12 | facility and the cost of the replacement facility | ||||||
13 | exceeds the capital expenditure minimum, which shall | ||||||
14 | be reviewed by the Board within 120 days; | ||||||
15 | (b) Projects proposing a
(1) new service within an | ||||||
16 | existing healthcare facility or
(2) discontinuation of | ||||||
17 | a service within an existing healthcare facility, | ||||||
18 | which shall be reviewed by the Board within 60 days; or | ||||||
19 | (c) Projects proposing a change in the bed | ||||||
20 | capacity of a health care facility by an increase in | ||||||
21 | the total number of beds or by a redistribution of beds | ||||||
22 | among various categories of service or by a relocation | ||||||
23 | of beds from one physical facility or site to another | ||||||
24 | by more than 20 beds or more than 10% of total bed | ||||||
25 | capacity, as defined by the State Board, whichever is | ||||||
26 | less, over a 2-year period. |
| |||||||
| |||||||
1 | The Chairman may approve applications for exemption | ||||||
2 | that meet the criteria set forth in rules or refer them to | ||||||
3 | the full Board. The Chairman may approve any unopposed | ||||||
4 | application that meets all of the review criteria or refer | ||||||
5 | them to the full Board. | ||||||
6 | Such rules shall
not prevent the conduct of a public | ||||||
7 | hearing upon the timely request
of an interested party. | ||||||
8 | Such reviews shall not exceed 60 days from the
date the | ||||||
9 | application is declared to be complete.
| ||||||
10 | (9) Prescribe rules, regulations,
standards, and | ||||||
11 | criteria pertaining to the granting of permits for
| ||||||
12 | construction
and modifications which are emergent in | ||||||
13 | nature and must be undertaken
immediately to prevent or | ||||||
14 | correct structural deficiencies or hazardous
conditions | ||||||
15 | that may harm or injure persons using the facility, as | ||||||
16 | defined
in the rules and regulations of the State Board. | ||||||
17 | This procedure is exempt
from public hearing requirements | ||||||
18 | of this Act.
| ||||||
19 | (10) Prescribe rules,
regulations, standards and | ||||||
20 | criteria for the conduct of an expeditious
review, not | ||||||
21 | exceeding 60 days, of applications for permits for | ||||||
22 | projects to
construct or modify health care facilities | ||||||
23 | which are needed for the care
and treatment of persons who | ||||||
24 | have acquired immunodeficiency syndrome (AIDS)
or related | ||||||
25 | conditions.
| ||||||
26 | (10.5) Provide its rationale when voting on an item |
| |||||||
| |||||||
1 | before it at a State Board meeting in order to comply with | ||||||
2 | subsection (b) of Section 3-108 of the Code of Civil | ||||||
3 | Procedure. | ||||||
4 | (11) Issue written decisions upon request of the | ||||||
5 | applicant or an adversely affected party to the Board. | ||||||
6 | Requests for a written decision shall be made within 15 | ||||||
7 | days after the Board meeting in which a final decision has | ||||||
8 | been made. A "final decision" for purposes of this Act is | ||||||
9 | the decision to approve or deny an application, or take | ||||||
10 | other actions permitted under this Act, at the time and | ||||||
11 | date of the meeting that such action is scheduled by the | ||||||
12 | Board. The transcript of the State Board meeting shall be | ||||||
13 | incorporated into the Board's final decision. The staff of | ||||||
14 | the Board shall prepare a written copy of the final | ||||||
15 | decision and the Board shall approve a final copy for | ||||||
16 | inclusion in the formal record. The Board shall consider, | ||||||
17 | for approval, the written draft of the final decision no | ||||||
18 | later than the next scheduled Board meeting. The written | ||||||
19 | decision shall identify the applicable criteria and | ||||||
20 | factors listed in this Act and the Board's regulations | ||||||
21 | that were taken into consideration by the Board when | ||||||
22 | coming to a final decision. If the Board denies or fails to | ||||||
23 | approve an application for permit or exemption, the Board | ||||||
24 | shall include in the final decision a detailed explanation | ||||||
25 | as to why the application was denied and identify what | ||||||
26 | specific criteria or standards the applicant did not |
| |||||||
| |||||||
1 | fulfill. | ||||||
2 | (12) (Blank). | ||||||
3 | (13) Provide a mechanism for the public to comment on, | ||||||
4 | and request changes to, draft rules and standards. | ||||||
5 | (14) Implement public information campaigns to | ||||||
6 | regularly inform the general public about the opportunity | ||||||
7 | for public hearings and public hearing procedures. | ||||||
8 | (15) Establish a separate set of rules and guidelines | ||||||
9 | for long-term care that recognizes that nursing homes are | ||||||
10 | a different business line and service model from other | ||||||
11 | regulated facilities. An open and transparent process | ||||||
12 | shall be developed that considers the following: how | ||||||
13 | skilled nursing fits in the continuum of care with other | ||||||
14 | care providers, modernization of nursing homes, | ||||||
15 | establishment of more private rooms, development of | ||||||
16 | alternative services, and current trends in long-term care | ||||||
17 | services.
The Chairman of the Board shall appoint a | ||||||
18 | permanent Health Services Review Board Long-term Care | ||||||
19 | Facility Advisory Subcommittee that shall develop and | ||||||
20 | recommend to the Board the rules to be established by the | ||||||
21 | Board under this paragraph (15). The Subcommittee shall | ||||||
22 | also provide continuous review and commentary on policies | ||||||
23 | and procedures relative to long-term care and the review | ||||||
24 | of related projects. The Subcommittee shall make | ||||||
25 | recommendations to the Board no later than January 1, 2016 | ||||||
26 | and every January thereafter pursuant to the |
| |||||||
| |||||||
1 | Subcommittee's responsibility for the continuous review | ||||||
2 | and commentary on policies and procedures relative to | ||||||
3 | long-term care. In consultation with other experts from | ||||||
4 | the health field of long-term care, the Board and the | ||||||
5 | Subcommittee shall study new approaches to the current bed | ||||||
6 | need formula and Health Service Area boundaries to | ||||||
7 | encourage flexibility and innovation in design models | ||||||
8 | reflective of the changing long-term care marketplace and | ||||||
9 | consumer preferences and submit its recommendations to the | ||||||
10 | Chairman of the Board no later than January 1, 2017. The | ||||||
11 | Subcommittee shall evaluate, and make recommendations to | ||||||
12 | the State Board regarding, the buying, selling, and | ||||||
13 | exchange of beds between long-term care facilities within | ||||||
14 | a specified geographic area or drive time. The Board shall | ||||||
15 | file the proposed related administrative rules for the | ||||||
16 | separate rules and guidelines for long-term care required | ||||||
17 | by this paragraph (15) by no later than September 30, | ||||||
18 | 2011. The Subcommittee shall be provided a reasonable and | ||||||
19 | timely opportunity to review and comment on any review, | ||||||
20 | revision, or updating of the criteria, standards, | ||||||
21 | procedures, and rules used to evaluate project | ||||||
22 | applications as provided under Section 12.3 of this Act. | ||||||
23 | The Chairman of the Board shall appoint voting members | ||||||
24 | of the Subcommittee, who shall serve for a period of 3 | ||||||
25 | years, with one-third of the terms expiring each January, | ||||||
26 | to be determined by lot. Appointees shall include, but not |
| |||||||
| |||||||
1 | be limited to, recommendations from each of the 3 | ||||||
2 | statewide long-term care associations, with an equal | ||||||
3 | number to be appointed from each. Compliance with this | ||||||
4 | provision shall be through the appointment and | ||||||
5 | reappointment process. All appointees serving as of April | ||||||
6 | 1, 2015 shall serve to the end of their term as determined | ||||||
7 | by lot or until the appointee voluntarily resigns, | ||||||
8 | whichever is earlier. | ||||||
9 | One representative from the Department of Public | ||||||
10 | Health, the Department of Healthcare and Family Services, | ||||||
11 | the Department on Aging, and the Department of Human | ||||||
12 | Services may each serve as an ex-officio non-voting member | ||||||
13 | of the Subcommittee. The Chairman of the Board shall | ||||||
14 | select a Subcommittee Chair, who shall serve for a period | ||||||
15 | of 3 years. | ||||||
16 | (16) Prescribe the format of the State Board Staff | ||||||
17 | Report. A State Board Staff Report shall pertain to | ||||||
18 | applications that include, but are not limited to, | ||||||
19 | applications for permit or exemption, applications for | ||||||
20 | permit renewal, applications for extension of the | ||||||
21 | financial commitment period, applications requesting a | ||||||
22 | declaratory ruling, or applications under the Health Care | ||||||
23 | Worker Self-Referral Act. State Board Staff Reports shall | ||||||
24 | compare applications to the relevant review criteria under | ||||||
25 | the Board's rules. | ||||||
26 | (17) Establish a separate set of rules and guidelines |
| |||||||
| |||||||
1 | for facilities licensed under the Specialized Mental | ||||||
2 | Health Rehabilitation Act of 2013. An application for the | ||||||
3 | re-establishment of a facility in connection with the | ||||||
4 | relocation of the facility shall not be granted unless the | ||||||
5 | applicant has a contractual relationship with at least one | ||||||
6 | hospital to provide emergency and inpatient mental health | ||||||
7 | services required by facility consumers, and at least one | ||||||
8 | community mental health agency to provide oversight and | ||||||
9 | assistance to facility consumers while living in the | ||||||
10 | facility, and appropriate services, including case | ||||||
11 | management, to assist them to prepare for discharge and | ||||||
12 | reside stably in the community thereafter. No new | ||||||
13 | facilities licensed under the Specialized Mental Health | ||||||
14 | Rehabilitation Act of 2013 shall be established after June | ||||||
15 | 16, 2014 (the effective date of Public Act 98-651) except | ||||||
16 | in connection with the relocation of an existing facility | ||||||
17 | to a new location. An application for a new location shall | ||||||
18 | not be approved unless there are adequate community | ||||||
19 | services accessible to the consumers within a reasonable | ||||||
20 | distance, or by use of public transportation, so as to | ||||||
21 | facilitate the goal of achieving maximum individual | ||||||
22 | self-care and independence. At no time shall the total | ||||||
23 | number of authorized beds under this Act in facilities | ||||||
24 | licensed under the Specialized Mental Health | ||||||
25 | Rehabilitation Act of 2013 exceed the number of authorized | ||||||
26 | beds on June 16, 2014 (the effective date of Public Act |
| |||||||
| |||||||
1 | 98-651). | ||||||
2 | (18) Elect a Vice Chairman to preside over State Board | ||||||
3 | meetings and otherwise act in place of the Chairman when | ||||||
4 | the Chairman is unavailable. | ||||||
5 | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; | ||||||
6 | 101-83, eff. 7-15-19.)
| ||||||
7 | (20 ILCS 3960/12.3)
| ||||||
8 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
9 | Sec. 12.3. Revision of criteria, standards, and rules. At | ||||||
10 | least every 2 years, the State Board shall review, revise, and
| ||||||
11 | update the
criteria, standards, and rules used to evaluate | ||||||
12 | applications for permit and exemption. The Board may appoint | ||||||
13 | temporary advisory committees made up of experts with | ||||||
14 | professional competence in the subject matter of the proposed | ||||||
15 | standards or criteria to assist in the development of | ||||||
16 | revisions to requirements, standards, and criteria. In
| ||||||
17 | particular, the review of
the criteria, standards, and rules | ||||||
18 | shall consider:
| ||||||
19 | (1) Whether the requirements, criteria, and standards | ||||||
20 | reflect current industry standards
and
anticipated trends.
| ||||||
21 | (2) Whether the criteria and standards can be reduced | ||||||
22 | or eliminated.
| ||||||
23 | (3) Whether requirements, criteria, and standards can | ||||||
24 | be developed to authorize the
construction
of unfinished | ||||||
25 | space for future use when the ultimate need for such space |
| |||||||
| |||||||
1 | can be
reasonably
projected.
| ||||||
2 | (4) Whether the criteria and standards take into | ||||||
3 | account issues related to
population growth , and changing | ||||||
4 | demographics , the population covered by Medicaid, and the | ||||||
5 | presence and severity of health disparities in a | ||||||
6 | community , which at minimum must include consideration of | ||||||
7 | disparities in healthcare access and outcomes by income, | ||||||
8 | race and ethnic identity, and preferred language .
| ||||||
9 | (5) Whether facility-defined service and planning | ||||||
10 | areas should be
recognized.
| ||||||
11 | (6) Whether categories of service that are subject to | ||||||
12 | review should be re-evaluated, including provisions | ||||||
13 | related to structural, functional, and operational | ||||||
14 | differences between long-term care facilities and acute | ||||||
15 | care facilities and that allow routine changes of | ||||||
16 | ownership, facility sales, and closure requests to be | ||||||
17 | processed on a more timely basis. | ||||||
18 | (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18 .)
| ||||||
19 | (20 ILCS 3960/12.4)
| ||||||
20 | (Section scheduled to be repealed on December 31, 2029) | ||||||
21 | Sec. 12.4. Hospital reduction in health care services; | ||||||
22 | notice. If a hospital reduces any of the Categories of Service | ||||||
23 | as outlined in Title 77, Chapter II, Part 1110 in the Illinois | ||||||
24 | Administrative Code, or any other service as defined by rule | ||||||
25 | by the State Board, by 50% or more according to rules adopted |
| |||||||
| |||||||
1 | by the State Board, then within 30 days after reducing the | ||||||
2 | service, the hospital must give written notice of the | ||||||
3 | reduction in service to the State Board, the Department of | ||||||
4 | Public Health, and the State Senator and State Representative | ||||||
5 | serving the legislative district in which the hospital is | ||||||
6 | located. The State Board shall publish the notice on its | ||||||
7 | website. Any party receiving notice may request a safety net | ||||||
8 | impact statement, emergency medicine and trauma system impact | ||||||
9 | statement, or maternal and child health impact statement, as | ||||||
10 | described at: (i) subsections (c) and (d) of Section 5.4; (ii) | ||||||
11 | subsections (b) and (c) of Section 5.5; and (iii) subsections | ||||||
12 | (b) and (c) of Section 5.6, respectively, to be filed | ||||||
13 | describing impact of the reduction in services. The State | ||||||
14 | Board shall adopt rules to implement this Section, including | ||||||
15 | rules that specify (i) how each health care service is | ||||||
16 | defined, if not already defined in the State Board's rules, | ||||||
17 | and (ii) what constitutes a reduction in service of 50% or | ||||||
18 | more.
| ||||||
19 | (Source: P.A. 100-681, eff. 8-3-18 .)
| ||||||
20 | (20 ILCS 3960/13.1) (from Ch. 111 1/2, par. 1163.1)
| ||||||
21 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
22 | Sec. 13.1.
Any person establishing, constructing, or | ||||||
23 | modifying a
health care facility
or portion thereof without | ||||||
24 | obtaining a required permit, or in violation of
the terms of | ||||||
25 | the required permit, shall not be eligible
to apply for any |
| |||||||
| |||||||
1 | necessary operating licenses or be eligible
for payment by any | ||||||
2 | State agency for services rendered in that facility until
the | ||||||
3 | required permit is obtained. In cases of any person | ||||||
4 | discontinuing a hospital facility or category of service | ||||||
5 | without obtaining a required permit, or in violation of the | ||||||
6 | terms of the required permit, no related person shall be | ||||||
7 | eligible to apply for any necessary operating licenses nor | ||||||
8 | shall any related person be eligible for payment by any State | ||||||
9 | agency for services rendered until the required permit is | ||||||
10 | obtained.
| ||||||
11 | (Source: P.A. 88-18 .)
| ||||||
12 | (20 ILCS 3960/14) (from Ch. 111 1/2, par. 1164)
| ||||||
13 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
14 | Sec. 14.
Any person who has discontinued a hospital or a | ||||||
15 | category of service at a hospital without a permit or | ||||||
16 | exemption issued under this Act or in violation of the terms of | ||||||
17 | such a permit or exemption is guilty of a business offense and | ||||||
18 | may be fined up to $1,000,000. Any person otherwise acquiring | ||||||
19 | major medical equipment or establishing,
constructing or | ||||||
20 | modifying a health care facility without a permit issued
under | ||||||
21 | this Act or in violation of the terms of such a permit is | ||||||
22 | guilty of
a business offense and may be fined up to $100,000 | ||||||
23 | $25,000 . The State's
Attorneys
of the several counties or the | ||||||
24 | Attorney General shall represent the People
of the State of | ||||||
25 | Illinois in proceedings under this Section. The State's |
| |||||||
| |||||||
1 | Attorneys of the several counties or the Attorney General may | ||||||
2 | additionally maintain an action in the name of the People of | ||||||
3 | the State of Illinois for injunction or other process against | ||||||
4 | any person or governmental unit to restrain or prevent the | ||||||
5 | acquisition of major medical equipment, or the establishment, | ||||||
6 | construction or modification of a health care facility without | ||||||
7 | the required permit, or to restrain or prevent the occupancy | ||||||
8 | or utilization of the equipment acquired or facility which was | ||||||
9 | constructed or modified without the required permit. | ||||||
10 | Proceedings The prosecution
of an offense under this Section , | ||||||
11 | including the prosecution of an offense, shall not prohibit | ||||||
12 | the imposition of any other
sanction provided under this Act.
| ||||||
13 | (Source: P.A. 88-18 .)
| ||||||
14 | (20 ILCS 3960/14.05 new) | ||||||
15 | Sec. 14.05. Right of action. Any person aggrieved by a | ||||||
16 | violation of this Act, due to a negative impact on their access | ||||||
17 | to health care or on their health due to diminished access to | ||||||
18 | health care, involving the discontinuation of a hospital or a | ||||||
19 | discontinuation of a category of service at a hospital without | ||||||
20 | a permit or exemption as required by this Act shall have a | ||||||
21 | right of action in a State circuit court or as a supplemental | ||||||
22 | claim in federal district court against an offending party. A | ||||||
23 | prevailing party may recover for each violation: (i) any | ||||||
24 | actual damages; (ii) an injunction or other relief as the | ||||||
25 | court may deem appropriate; and (iii) reasonable attorney's |
| |||||||
| |||||||
1 | fees.
| ||||||
2 | (20 ILCS 3960/14.1)
| ||||||
3 | (Section scheduled to be repealed on December 31, 2029) | ||||||
4 | Sec. 14.1. Denial of permit; other sanctions. | ||||||
5 | (a) The State Board may deny an application for a permit or | ||||||
6 | may revoke or
take other action as permitted by this Act with | ||||||
7 | regard to a permit as the State
Board deems appropriate, | ||||||
8 | including the imposition of fines as set forth in this
| ||||||
9 | Section, for any one or a combination of the following: | ||||||
10 | (1) The acquisition of major medical equipment without | ||||||
11 | a permit or in
violation of the terms of a permit. | ||||||
12 | (2) The establishment, construction, modification, or | ||||||
13 | change of ownership of a health care
facility without a | ||||||
14 | permit or exemption or in violation of the terms of a | ||||||
15 | permit. | ||||||
16 | (3) The violation of any provision of this Act or any | ||||||
17 | rule adopted
under this Act. | ||||||
18 | (4) The failure, by any person subject to this Act, to | ||||||
19 | provide information
requested by the State Board or Agency | ||||||
20 | within 30 days after a formal written
request for the | ||||||
21 | information. | ||||||
22 | (5) The failure to pay any fine imposed under this | ||||||
23 | Section within 30 days
of its imposition. | ||||||
24 | (a-5) For facilities licensed under the ID/DD Community | ||||||
25 | Care Act, no permit shall be denied on the basis of prior |
| |||||||
| |||||||
1 | operator history, other than for actions specified under item | ||||||
2 | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | ||||||
3 | Act. For facilities licensed under the MC/DD Act, no permit | ||||||
4 | shall be denied on the basis of prior operator history, other | ||||||
5 | than for actions specified under item (2), (4), or (5) of | ||||||
6 | Section 3-117 of the MC/DD Act. For facilities licensed under | ||||||
7 | the Specialized Mental Health Rehabilitation Act of 2013, no | ||||||
8 | permit shall be denied on the basis of prior operator history, | ||||||
9 | other than for actions specified under subsections (a) and (b) | ||||||
10 | of Section 4-109 of the Specialized Mental Health | ||||||
11 | Rehabilitation Act of 2013. For facilities licensed under the | ||||||
12 | Nursing Home Care Act, no permit shall be denied on the basis | ||||||
13 | of prior operator history, other than for: (i) actions | ||||||
14 | specified under item (2), (3), (4), (5), or (6) of Section | ||||||
15 | 3-117 of the Nursing Home Care Act; (ii) actions specified | ||||||
16 | under item (a)(6) of Section 3-119 of the Nursing Home Care | ||||||
17 | Act; or (iii) actions within the preceding 5 years | ||||||
18 | constituting a substantial and repeated failure to comply with | ||||||
19 | the Nursing Home Care Act or the rules and regulations adopted | ||||||
20 | by the Department under that Act. The State Board shall not | ||||||
21 | deny a permit on account of any action described in this | ||||||
22 | subsection (a-5) without also considering all such actions in | ||||||
23 | the light of all relevant information available to the State | ||||||
24 | Board, including whether the permit is sought to substantially | ||||||
25 | comply with a mandatory or voluntary plan of correction | ||||||
26 | associated with any action described in this subsection (a-5).
|
| |||||||
| |||||||
1 | (b) Persons shall be subject to fines as provided in this | ||||||
2 | subsection (b). The maximum fines imposed under this | ||||||
3 | subsection (b) shall be annually adjusted and proportional | ||||||
4 | with the increase in construction costs due to inflation, for | ||||||
5 | major medical equipment and for all other capital | ||||||
6 | expenditures. as follows: | ||||||
7 | (1) A permit holder who fails to comply with the | ||||||
8 | requirements of
maintaining a valid permit shall be fined | ||||||
9 | an amount not to exceed 1% of the
approved permit amount | ||||||
10 | plus an additional 1% of the approved permit amount for
| ||||||
11 | each 30-day period, or fraction thereof, that the | ||||||
12 | violation continues. | ||||||
13 | (2) A permit holder who alters the scope of an | ||||||
14 | approved project or whose
project costs exceed the | ||||||
15 | allowable permit amount without first obtaining
approval | ||||||
16 | from the State Board shall be fined an amount not to exceed | ||||||
17 | the sum of
(i) the lesser of $40,000 $25,000 or 2% of the | ||||||
18 | approved permit amount and (ii) in those
cases where the | ||||||
19 | approved permit amount is exceeded by more than | ||||||
20 | $1,000,000, an
additional $40,000 $20,000 for each | ||||||
21 | $1,000,000, or fraction thereof, in excess of the
approved | ||||||
22 | permit amount. | ||||||
23 | (2.5) A permit or exemption holder who fails to comply | ||||||
24 | with the post-permit and reporting requirements set forth | ||||||
25 | in Sections 5 and 8.5 shall be fined an amount not to | ||||||
26 | exceed $18,000 $10,000 plus an additional $18,000 $10,000 |
| |||||||
| |||||||
1 | for each 30-day period, or fraction thereof, that the | ||||||
2 | violation continues. The accrued fine is not waived by the | ||||||
3 | permit or exemption holder submitting the required | ||||||
4 | information and reports. Prior to any fine beginning to | ||||||
5 | accrue, the Board shall
notify, in writing, a permit or | ||||||
6 | exemption holder of the due date
for the post-permit and | ||||||
7 | reporting requirements no later than 30 days
before the | ||||||
8 | due date for the requirements. The exemption letter shall | ||||||
9 | serve as the notice for exemptions. | ||||||
10 | (3) A person who acquires major medical equipment or | ||||||
11 | who establishes a
category of service without first | ||||||
12 | obtaining a permit or exemption, as the case
may be, shall | ||||||
13 | be fined an amount not to exceed $18,000 $10,000 for each | ||||||
14 | such
acquisition or category of service established plus | ||||||
15 | an additional $18,000 $10,000 for
each 30-day period, or | ||||||
16 | fraction thereof, that the violation continues. | ||||||
17 | (4) A person who constructs, modifies, establishes, or | ||||||
18 | changes ownership of a health care
facility without first | ||||||
19 | obtaining a permit or exemption shall be fined an amount | ||||||
20 | not to
exceed $40,000 $25,000 plus an additional $40,000 | ||||||
21 | $25,000 for each 30-day period, or fraction
thereof, that | ||||||
22 | the violation continues. | ||||||
23 | (5) A person who discontinues a health care facility | ||||||
24 | other than a hospital or a category of
service at a health | ||||||
25 | care facility other than a hospital without first | ||||||
26 | obtaining a permit or exemption shall be fined an amount |
| |||||||
| |||||||
1 | not to exceed $25,000
$10,000 plus an additional $25,000 | ||||||
2 | $10,000 for each 30-day period, or fraction thereof,
that | ||||||
3 | the violation continues. For purposes of this subparagraph | ||||||
4 | (5), facilities licensed under the Nursing Home Care Act, | ||||||
5 | the ID/DD Community Care Act, or the MC/DD Act, with the | ||||||
6 | exceptions of facilities operated by a county or Illinois | ||||||
7 | Veterans Homes, are exempt from this permit requirement. | ||||||
8 | However, facilities licensed under the Nursing Home Care | ||||||
9 | Act, the ID/DD Community Care Act, or the MC/DD Act must | ||||||
10 | comply with Section 3-423 of the Nursing Home Care Act, | ||||||
11 | Section 3-423 of the ID/DD Community Care Act, or Section | ||||||
12 | 3-423 of the MC/DD Act and must provide the Board and the | ||||||
13 | Department of Human Services with 30 days' written notice | ||||||
14 | of their intent to close.
Facilities licensed under the | ||||||
15 | ID/DD Community Care Act or the MC/DD Act also must | ||||||
16 | provide the Board and the Department of Human Services | ||||||
17 | with 30 days' written notice of their intent to reduce the | ||||||
18 | number of beds for a facility. | ||||||
19 | (5.5) A person who discontinues a hospital facility or | ||||||
20 | category of service without first obtaining a permit or | ||||||
21 | exemption shall be fined an amount not to exceed $100,000 | ||||||
22 | plus an additional $100,000 for each 30-day period, or | ||||||
23 | fraction thereof, that the violation continues. | ||||||
24 | (6) A person subject to this Act who fails to provide | ||||||
25 | information
requested by the State Board or Agency within | ||||||
26 | 30 days of a formal written
request shall be fined an |
| |||||||
| |||||||
1 | amount not to exceed $2,000 $1,000 plus an additional | ||||||
2 | $2,000 $1,000
for each 30-day period, or fraction thereof, | ||||||
3 | that the information is not
received by the State Board or | ||||||
4 | Agency. | ||||||
5 | (b-5) The State Board may accept in-kind services or | ||||||
6 | donations instead of or in combination with the imposition of | ||||||
7 | a fine. This authorization is limited to cases where the | ||||||
8 | non-compliant individual or entity has waived the right to an | ||||||
9 | administrative hearing or opportunity to appear before the | ||||||
10 | Board regarding the non-compliant matter. | ||||||
11 | (c) Before imposing any fine authorized under this | ||||||
12 | Section, the State Board
shall afford the person or permit | ||||||
13 | holder, as the case may be, an appearance
before the State | ||||||
14 | Board and an opportunity for a hearing before a hearing
| ||||||
15 | officer appointed by the State Board. The hearing shall be | ||||||
16 | conducted in
accordance with Section 10. Requests for an | ||||||
17 | appearance before the State Board must be made within 30 days | ||||||
18 | after receiving notice that a fine will be imposed. | ||||||
19 | (d) All fines collected under this Act shall be | ||||||
20 | transmitted to the State
Treasurer, who shall deposit them | ||||||
21 | into the Illinois Health Facilities Planning
Fund. | ||||||
22 | (e) Fines imposed under this Section shall continue to | ||||||
23 | accrue until: (i) the date that the matter is referred by the | ||||||
24 | State Board to the Board's legal counsel; or (ii) the date that | ||||||
25 | the health care facility becomes compliant with the Act, | ||||||
26 | whichever is earlier. |
| |||||||
| |||||||
1 | (Source: P.A. 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; | ||||||
2 | 99-527, eff. 1-1-17; 99-642, eff. 6-28-16; 100-681, eff. | ||||||
3 | 8-3-18 .)
| ||||||
4 | Section 15. The Illinois Public Aid Code is amended by | ||||||
5 | changing Section 5A-17 as follows: | ||||||
6 | (305 ILCS 5/5A-17) | ||||||
7 | Sec. 5A-17. Recovery of payments; liens. | ||||||
8 | (a) As a condition of receiving payments pursuant to | ||||||
9 | subsections (d) and (k) of Section 5A-12.7 for State Fiscal | ||||||
10 | Year 2021, a for-profit general acute care hospital that | ||||||
11 | ceases to provide hospital services before July 1, 2021 and | ||||||
12 | within 12 months of a change in the hospital's ownership | ||||||
13 | status from not-for-profit to investor owned, shall be | ||||||
14 | obligated to pay to the Department an amount equal to the | ||||||
15 | payments received pursuant to subsections (d) and (k) of | ||||||
16 | Section 5A-12.7 since the change in ownership status to the | ||||||
17 | cessation of hospital services. The obligated amount shall be | ||||||
18 | due immediately and must be paid to the Department within 10 | ||||||
19 | days of ceasing to provide services or pursuant to a payment | ||||||
20 | plan approved by the Department unless the hospital requests a | ||||||
21 | hearing under paragraph (d) of this Section. The obligation | ||||||
22 | under this Section shall not apply to a hospital that ceases to | ||||||
23 | provide services under circumstances that include: | ||||||
24 | implementation of a transformation project approved by the |
| |||||||
| |||||||
1 | Department under subsection (d-5) of Section 14-12; | ||||||
2 | emergencies as declared by federal, State, or local | ||||||
3 | government; actions approved or required by federal, State, or | ||||||
4 | local government; actions taken in compliance with the | ||||||
5 | Illinois Health Facilities Planning Act; or other | ||||||
6 | circumstances beyond the control of the hospital provider or | ||||||
7 | for the benefit of the community previously served by the | ||||||
8 | hospital, as determined on a case-by-case basis by the | ||||||
9 | Department. | ||||||
10 | (a-5) As a condition of receiving payments pursuant to | ||||||
11 | subsections (d) and (k) of Section 5A-12.7 for calendar year | ||||||
12 | 2021, a general acute care hospital that ceases to provide | ||||||
13 | hospital services before January 1, 2022 shall be obligated to | ||||||
14 | pay to the Department an amount equal to the payments received | ||||||
15 | pursuant to subsections (d) and (k) of Section 5A-12.7 up to | ||||||
16 | the cessation of hospital services. The obligated amount shall | ||||||
17 | be due immediately and must be paid to the Department within 30 | ||||||
18 | days of ceasing to provide services, or pursuant to a payment | ||||||
19 | plan approved by the Department. The obligation under this | ||||||
20 | Section shall not apply to a hospital that ceases to provide | ||||||
21 | services under circumstances that include: (i) implementation | ||||||
22 | of a transformation project approved under subsection (d-5) of | ||||||
23 | Section 14-12; (ii) emergencies as declared by federal, State, | ||||||
24 | or local government; (iii) actions approved or required by | ||||||
25 | federal, State, or local government; (iv) actions taken in | ||||||
26 | compliance with the Illinois Health Facilities Planning Act; |
| |||||||
| |||||||
1 | or (v) other circumstances beyond the control of the hospital | ||||||
2 | provider or for the benefit of the community previously served | ||||||
3 | by the hospital, as determined on a case-by-case basis by the | ||||||
4 | Department. | ||||||
5 | (b) The Illinois Department shall administer and enforce | ||||||
6 | this Section and collect the obligations imposed under this | ||||||
7 | Section using procedures employed in its administration of | ||||||
8 | this Code generally. The Illinois Department, its Director, | ||||||
9 | and every hospital provider subject to this Section shall have | ||||||
10 | the following powers, duties, and rights: | ||||||
11 | (1) The Illinois Department may initiate either | ||||||
12 | administrative or judicial proceedings, or both, to | ||||||
13 | enforce the provisions of this Section. Administrative | ||||||
14 | enforcement proceedings initiated hereunder shall be | ||||||
15 | governed by the Illinois Department's administrative | ||||||
16 | rules. Judicial enforcement proceedings initiated in | ||||||
17 | accordance with this Section shall be governed by the | ||||||
18 | rules of procedure applicable in the courts of this State. | ||||||
19 | (2) No proceedings for collection, refund, credit, or | ||||||
20 | other adjustment of an amount payable under this Section | ||||||
21 | shall be issued more than 3 years after the due date of the | ||||||
22 | obligation, except in the case of an extended period | ||||||
23 | agreed to in writing by the Illinois Department and the | ||||||
24 | hospital provider before the expiration of this limitation | ||||||
25 | period. | ||||||
26 | (3) Any unpaid obligation under this Section shall |
| |||||||
| |||||||
1 | become a lien upon the assets of the hospital. If any | ||||||
2 | hospital provider sells or transfers the major part of any | ||||||
3 | one or more of (i) the real property and improvements, | ||||||
4 | (ii) the machinery and equipment, or (iii) the furniture | ||||||
5 | or fixtures of any hospital that is subject to the | ||||||
6 | provisions of this Section, the seller or transferor shall | ||||||
7 | pay the Illinois Department the amount of any obligation | ||||||
8 | due from it under this Section up to the date of the sale | ||||||
9 | or transfer. If the seller or transferor fails to pay any | ||||||
10 | amount due under this Section, the purchaser or transferee | ||||||
11 | of such asset shall be liable for the amount of the | ||||||
12 | obligation up to the amount of the reasonable value of the | ||||||
13 | property acquired by the purchaser or transferee. The | ||||||
14 | purchaser or transferee shall continue to be liable until | ||||||
15 | the purchaser or transferee pays the full amount of the | ||||||
16 | obligation up to the amount of the reasonable value of the | ||||||
17 | property acquired by the purchaser or transferee or until | ||||||
18 | the purchaser or transferee receives from the Illinois | ||||||
19 | Department a certificate showing that such assessment, | ||||||
20 | penalty, and interest have been paid or a certificate from | ||||||
21 | the Illinois Department showing that no amount is due from | ||||||
22 | the seller or transferor under this Section. | ||||||
23 | (c) In addition to any other remedy provided for, the | ||||||
24 | Illinois Department may collect an unpaid obligation by | ||||||
25 | withholding, as payment of the amount due, reimbursements or | ||||||
26 | other amounts otherwise payable by the Illinois Department to |
| |||||||
| |||||||
1 | the hospital provider.
| ||||||
2 | (Source: P.A. 101-650, eff. 7-7-20.)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|