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1 | AN ACT concerning health facilities.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Health Facilities Planning Act is | ||||||||||||||||||||||||||||||||
5 | amended by changing Sections 3, 4.2, 6, and 8 and by adding | ||||||||||||||||||||||||||||||||
6 | Section 5.5 as follows:
| ||||||||||||||||||||||||||||||||
7 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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8 | (Section scheduled to be repealed on July 1, 2008)
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9 | Sec. 3. Definitions. As used in this Act:
| ||||||||||||||||||||||||||||||||
10 | "Health care facilities" means and includes
the following | ||||||||||||||||||||||||||||||||
11 | facilities and organizations:
| ||||||||||||||||||||||||||||||||
12 | 1. An ambulatory surgical treatment center required to | ||||||||||||||||||||||||||||||||
13 | be licensed
pursuant to the Ambulatory Surgical Treatment | ||||||||||||||||||||||||||||||||
14 | Center Act;
| ||||||||||||||||||||||||||||||||
15 | 2. An institution, place, building, or agency required | ||||||||||||||||||||||||||||||||
16 | to be licensed
pursuant to the Hospital Licensing Act;
| ||||||||||||||||||||||||||||||||
17 | 3. Skilled and intermediate long term care facilities | ||||||||||||||||||||||||||||||||
18 | licensed under the
Nursing
Home Care Act;
| ||||||||||||||||||||||||||||||||
19 | 3. Skilled and intermediate long term care facilities | ||||||||||||||||||||||||||||||||
20 | licensed under the
Nursing
Home Care Act;
| ||||||||||||||||||||||||||||||||
21 | 4. Hospitals, nursing homes, ambulatory surgical | ||||||||||||||||||||||||||||||||
22 | treatment centers, or
kidney disease treatment centers
| ||||||||||||||||||||||||||||||||
23 | maintained by the State or any department or agency | ||||||||||||||||||||||||||||||||
24 | thereof;
| ||||||||||||||||||||||||||||||||
25 | 5. Kidney disease treatment centers, including a | ||||||||||||||||||||||||||||||||
26 | free-standing
hemodialysis unit; and
| ||||||||||||||||||||||||||||||||
27 | 6. An institution, place, building, or room used for | ||||||||||||||||||||||||||||||||
28 | the performance of
outpatient surgical procedures that is | ||||||||||||||||||||||||||||||||
29 | leased, owned, or operated by or on
behalf of an | ||||||||||||||||||||||||||||||||
30 | out-of-state facility.
| ||||||||||||||||||||||||||||||||
31 | No federally owned facility shall be subject to the | ||||||||||||||||||||||||||||||||
32 | provisions of this
Act, nor facilities used solely for healing |
| |||||||
| |||||||
1 | by prayer or spiritual means.
| ||||||
2 | No facility licensed under the Supportive Residences | ||||||
3 | Licensing Act or the
Assisted Living and Shared Housing Act
| ||||||
4 | shall be subject to the provisions of this Act.
| ||||||
5 | A facility designated as a supportive living facility that | ||||||
6 | is in good
standing with the demonstration project established | ||||||
7 | under Section 5-5.01a of
the Illinois Public Aid Code shall not | ||||||
8 | be subject to the provisions of this
Act.
| ||||||
9 | This Act does not apply to facilities granted waivers under | ||||||
10 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
11 | demonstration project under that
Act applies for a certificate
| ||||||
12 | of need to convert to a nursing facility, it shall meet the | ||||||
13 | licensure and
certificate of need requirements in effect as of | ||||||
14 | the date of application.
| ||||||
15 | This Act shall not apply to the closure of an entity or a | ||||||
16 | portion of an
entity licensed under the Nursing Home Care Act | ||||||
17 | that elects to convert, in
whole or in part, to an assisted | ||||||
18 | living or shared housing establishment
licensed under the | ||||||
19 | Assisted Living and Shared Housing Act.
| ||||||
20 | With the exception of those health care facilities | ||||||
21 | specifically
included in this Section, nothing in this Act | ||||||
22 | shall be intended to
include facilities operated as a part of | ||||||
23 | the practice of a physician or
other licensed health care | ||||||
24 | professional, whether practicing in his
individual capacity or | ||||||
25 | within the legal structure of any partnership,
medical or | ||||||
26 | professional corporation, or unincorporated medical or
| ||||||
27 | professional group. Further, this Act shall not apply to | ||||||
28 | physicians or
other licensed health care professional's | ||||||
29 | practices where such practices
are carried out in a portion of | ||||||
30 | a health care facility under contract
with such health care | ||||||
31 | facility by a physician or by other licensed
health care | ||||||
32 | professionals, whether practicing in his individual capacity
| ||||||
33 | or within the legal structure of any partnership, medical or
| ||||||
34 | professional corporation, or unincorporated medical or | ||||||
35 | professional
groups. This Act shall apply to construction or
| ||||||
36 | modification and to establishment by such health care facility |
| |||||||
| |||||||
1 | of such
contracted portion which is subject to facility | ||||||
2 | licensing requirements,
irrespective of the party responsible | ||||||
3 | for such action or attendant
financial obligation.
| ||||||
4 | "Person" means any one or more natural persons, legal | ||||||
5 | entities,
governmental bodies other than federal, or any | ||||||
6 | combination thereof.
| ||||||
7 | "Consumer" means any person other than a person (a) whose | ||||||
8 | major
occupation currently involves or whose official capacity | ||||||
9 | within the last
12 months has involved the providing, | ||||||
10 | administering or financing of any
type of health care facility, | ||||||
11 | (b) who is engaged in health research or
the teaching of | ||||||
12 | health, (c) who has a material financial interest in any
| ||||||
13 | activity which involves the providing, administering or | ||||||
14 | financing of any
type of health care facility, or (d) who is or | ||||||
15 | ever has been a member of
the immediate family of the person | ||||||
16 | defined by (a), (b), or (c).
| ||||||
17 | "State Board" means the Health Facilities Planning Board.
| ||||||
18 | "Construction or modification" means the establishment, | ||||||
19 | erection,
building, alteration, reconstruction, modernization, | ||||||
20 | improvement,
extension, discontinuation, change of ownership, | ||||||
21 | of or by a health care
facility, or the purchase or acquisition | ||||||
22 | by or through a health care facility
of
equipment or service | ||||||
23 | for diagnostic or therapeutic purposes or for
facility | ||||||
24 | administration or operation, or any capital expenditure made by
| ||||||
25 | or on behalf of a health care facility which
exceeds the | ||||||
26 | capital expenditure minimum; however, any capital expenditure
| ||||||
27 | made by or on behalf of a health care facility for the | ||||||
28 | construction or
modification of a facility licensed under the | ||||||
29 | Assisted Living and Shared
Housing Act shall be excluded from | ||||||
30 | any obligations under this Act.
| ||||||
31 | "Establish" means the construction of a health care | ||||||
32 | facility or the
replacement of an existing facility on another | ||||||
33 | site.
| ||||||
34 | "Major medical equipment" means medical equipment which is | ||||||
35 | used for the
provision of medical and other health services and | ||||||
36 | which costs in excess
of the capital expenditure minimum, |
| |||||||
| |||||||
1 | except that such term does not include
medical equipment | ||||||
2 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
3 | clinical laboratory
services if the clinical laboratory is | ||||||
4 | independent of a physician's office
and a hospital and it has | ||||||
5 | been determined under Title XVIII of the Social
Security Act to | ||||||
6 | meet the requirements of paragraphs (10) and (11) of Section
| ||||||
7 | 1861(s) of such Act. In determining whether medical equipment | ||||||
8 | has a value
in excess of the capital expenditure minimum, the | ||||||
9 | value of studies, surveys,
designs, plans, working drawings, | ||||||
10 | specifications, and other activities
essential to the | ||||||
11 | acquisition of such equipment shall be included.
| ||||||
12 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
13 | on behalf of
a health care facility (as such a facility is | ||||||
14 | defined in this Act); and
(B) which under generally accepted | ||||||
15 | accounting principles is not properly
chargeable as an expense | ||||||
16 | of operation and maintenance, or is made to obtain
by lease or | ||||||
17 | comparable arrangement any facility or part thereof or any
| ||||||
18 | equipment for a facility or part; and which exceeds the capital | ||||||
19 | expenditure
minimum.
| ||||||
20 | For the purpose of this paragraph, the cost of any studies, | ||||||
21 | surveys, designs,
plans, working drawings, specifications, and | ||||||
22 | other activities essential
to the acquisition, improvement, | ||||||
23 | expansion, or replacement of any plant
or equipment with | ||||||
24 | respect to which an expenditure is made shall be included
in | ||||||
25 | determining if such expenditure exceeds the capital | ||||||
26 | expenditures minimum.
Donations of equipment
or facilities to a | ||||||
27 | health care facility which if acquired directly by such
| ||||||
28 | facility would be subject to review under this Act shall be | ||||||
29 | considered capital
expenditures, and a transfer of equipment or | ||||||
30 | facilities for less than fair
market value shall be considered | ||||||
31 | a capital expenditure for purposes of this
Act if a transfer of | ||||||
32 | the equipment or facilities at fair market value would
be | ||||||
33 | subject to review.
| ||||||
34 | "Capital expenditure minimum" means $6,000,000, which | ||||||
35 | shall be annually
adjusted to reflect the increase in | ||||||
36 | construction costs due to inflation, for major medical |
| |||||||
| |||||||
1 | equipment and for all other
capital expenditures; provided, | ||||||
2 | however, that when a capital expenditure is
for the | ||||||
3 | construction or modification of a health and fitness center, | ||||||
4 | "capital
expenditure minimum" means the capital expenditure | ||||||
5 | minimum for all other
capital expenditures in effect on March | ||||||
6 | 1, 2000, which shall be annually
adjusted to reflect the | ||||||
7 | increase in construction costs due to inflation.
| ||||||
8 | "Non-clinical service area" means an area (i) for the | ||||||
9 | benefit of the
patients, visitors, staff, or employees of a | ||||||
10 | health care facility and (ii) not
directly related to the | ||||||
11 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
12 | services from the health care facility. "Non-clinical service | ||||||
13 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
14 | news stands; computer
systems; tunnels, walkways, and | ||||||
15 | elevators; telephone systems; projects to
comply with life | ||||||
16 | safety codes; educational facilities; student housing;
| ||||||
17 | patient, employee, staff, and visitor dining areas; | ||||||
18 | administration and
volunteer offices; modernization of | ||||||
19 | structural components (such as roof
replacement and masonry | ||||||
20 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
21 | storage facilities; parking facilities; mechanical systems for
| ||||||
22 | heating, ventilation, and air conditioning; loading docks; and | ||||||
23 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
24 | window coverings or treatments,
or furniture. Solely for the | ||||||
25 | purpose of this definition, "non-clinical service
area" does | ||||||
26 | not include health and fitness centers.
| ||||||
27 | "Areawide" means a major area of the State delineated on a
| ||||||
28 | geographic, demographic, and functional basis for health | ||||||
29 | planning and
for health service and having within it one or | ||||||
30 | more local areas for
health planning and health service. The | ||||||
31 | term "region", as contrasted
with the term "subregion", and the | ||||||
32 | word "area" may be used synonymously
with the term "areawide".
| ||||||
33 | "Local" means a subarea of a delineated major area that on | ||||||
34 | a
geographic, demographic, and functional basis may be | ||||||
35 | considered to be
part of such major area. The term "subregion" | ||||||
36 | may be used synonymously
with the term "local".
|
| |||||||
| |||||||
1 | "Areawide health planning organization" or "Comprehensive | ||||||
2 | health
planning organization" means the health systems agency | ||||||
3 | designated by the
Secretary, Department of Health and Human | ||||||
4 | Services or any successor agency.
| ||||||
5 | "Local health planning organization" means those local | ||||||
6 | health
planning organizations that are designated as such by | ||||||
7 | the areawide
health planning organization of the appropriate | ||||||
8 | area.
| ||||||
9 | "Physician" means a person licensed to practice in | ||||||
10 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
11 | "Licensed health care professional" means a person | ||||||
12 | licensed to
practice a health profession under pertinent | ||||||
13 | licensing statutes of the
State of Illinois.
| ||||||
14 | "Director" means the Director of the Illinois Department of | ||||||
15 | Public Health.
| ||||||
16 | "Agency" means the Illinois Department of Public Health.
| ||||||
17 | "Comprehensive health planning" means health planning | ||||||
18 | concerned with
the total population and all health and | ||||||
19 | associated problems that affect
the well-being of people and | ||||||
20 | that encompasses health services, health
manpower, and health | ||||||
21 | facilities; and the coordination among these and
with those | ||||||
22 | social, economic, and environmental factors that affect | ||||||
23 | health.
| ||||||
24 | "Alternative health care model" means a facility or program | ||||||
25 | authorized
under the Alternative Health Care Delivery Act.
| ||||||
26 | "Out-of-state facility" means a person that is both (i) | ||||||
27 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
28 | the laws of another state
or that
qualifies as a hospital or an | ||||||
29 | ambulatory surgery center under regulations
adopted pursuant | ||||||
30 | to the Social Security Act and (ii) not licensed under the
| ||||||
31 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
32 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
33 | out-of-state facilities shall be
considered out-of-state | ||||||
34 | facilities. Affiliates of Illinois licensed health
care | ||||||
35 | facilities 100% owned by an Illinois licensed health care | ||||||
36 | facility, its
parent, or Illinois physicians licensed to |
| |||||||
| |||||||
1 | practice medicine in all its
branches shall not be considered | ||||||
2 | out-of-state facilities. Nothing in
this definition shall be
| ||||||
3 | construed to include an office or any part of an office of a | ||||||
4 | physician licensed
to practice medicine in all its branches in | ||||||
5 | Illinois that is not required to be
licensed under the | ||||||
6 | Ambulatory Surgical Treatment Center Act.
| ||||||
7 | "Change of ownership of a health care facility" means a | ||||||
8 | change in the
person
who has ownership or
control of a health | ||||||
9 | care facility's physical plant and capital assets. A change
in | ||||||
10 | ownership is indicated by
the following transactions: sale, | ||||||
11 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
12 | means of
transferring control.
| ||||||
13 | "Related person" means any person that: (i) is at least 50% | ||||||
14 | owned, directly
or indirectly, by
either the health care | ||||||
15 | facility or a person owning, directly or indirectly, at
least | ||||||
16 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
17 | indirectly, at least 50% of the
health care facility. | ||||||
18 | "Charity care" means care provided by a health care | ||||||
19 | facility for which the provider does not expect to receive | ||||||
20 | payment from the patient or a third-party payer. | ||||||
21 | "Community benefits" means the unreimbursed cost to a | ||||||
22 | health care facility of providing charity care, language | ||||||
23 | assistance services, government-sponsored indigent health | ||||||
24 | care, donations, volunteer services, education, | ||||||
25 | government-sponsored program services, research, and | ||||||
26 | subsidized health services and collecting bad debts. | ||||||
27 | "Community benefits" does not include the cost of paying any | ||||||
28 | taxes or other governmental assessments.
| ||||||
29 | (Source: P.A. 93-41, eff. 6-27-03.)
| ||||||
30 | (20 ILCS 3960/4.2)
| ||||||
31 | (Section scheduled to be repealed on July 1, 2008)
| ||||||
32 | Sec. 4.2. Ex parte communications.
| ||||||
33 | (a) Except in the disposition of matters that agencies are | ||||||
34 | authorized by law
to entertain or dispose of on an ex parte | ||||||
35 | basis including, but not limited to
rule making, the State |
| |||||||
| |||||||
1 | Board, any State Board member, employee, or a hearing
officer | ||||||
2 | shall not engage in ex parte communication,
after an | ||||||
3 | application for a permit is received,
in connection with the | ||||||
4 | substance of any application for
a permit with any person or | ||||||
5 | party or the representative of any party.
| ||||||
6 | (b) A State Board member or employee may communicate with | ||||||
7 | other
members or employees and any State Board member or | ||||||
8 | hearing
officer may have the aid and advice of one or more | ||||||
9 | personal assistants.
| ||||||
10 | (c) An ex parte communication received by the State Board, | ||||||
11 | any State
Board member, employee, or a hearing officer shall be | ||||||
12 | made a part of the record
of the
pending matter, including all | ||||||
13 | written communications, all written
responses to the | ||||||
14 | communications, and a memorandum stating the substance of all
| ||||||
15 | oral communications and all responses made and the identity of | ||||||
16 | each person from
whom the ex parte communication was received.
| ||||||
17 | (d) "Ex parte communication" means a communication between | ||||||
18 | a person who is
not a State Board member or employee and a
| ||||||
19 | State Board member or
employee
concerning the merits of an | ||||||
20 | application before the Board, except on notice and opportunity | ||||||
21 | for all parties to participate
that reflects on the substance | ||||||
22 | of a pending State Board proceeding and that
takes
place | ||||||
23 | outside the record of the proceeding . Communications regarding | ||||||
24 | matters
of procedure and practice, such as the format of | ||||||
25 | pleading, number of copies
required, manner of service, and | ||||||
26 | status of proceedings, are not considered ex
parte | ||||||
27 | communications. Technical assistance with respect to an | ||||||
28 | application, not
intended to influence any decision on the | ||||||
29 | application, may be provided by
employees to the applicant. Any | ||||||
30 | assistance shall be documented in writing by
the applicant and | ||||||
31 | employees within 10 business days after the assistance is
| ||||||
32 | provided.
| ||||||
33 | (e) For purposes of this Section, "employee" means
a person | ||||||
34 | the State Board or the Agency employs on a full-time, | ||||||
35 | part-time,
contract, or intern
basis.
| ||||||
36 | (f) The State Board, State Board member, or hearing |
| |||||||
| |||||||
1 | examiner presiding
over the proceeding, in the event of a | ||||||
2 | violation of this Section, must take
whatever action is | ||||||
3 | necessary to ensure that the violation does not prejudice
any | ||||||
4 | party or adversely affect the fairness of the proceedings.
| ||||||
5 | (g) Nothing in this Section shall be construed to prevent | ||||||
6 | the State Board or
any member of the State Board from | ||||||
7 | consulting with the attorney for the State
Board.
| ||||||
8 | (Source: P.A. 91-782, eff. 6-9-00 .)
| ||||||
9 | (20 ILCS 3960/5.5 new) | ||||||
10 | Sec. 5.5. Changes of ownership, mergers, and | ||||||
11 | consolidations; permit required. Changes of ownership, | ||||||
12 | mergers, and consolidations of health care facilities require a | ||||||
13 | permit from the State Board. As part of the permit application | ||||||
14 | for a change of ownership, merger, or consolidation, the | ||||||
15 | proposed owner must certify in writing that, for the 5-year | ||||||
16 | period following the transaction, the percentages of charity | ||||||
17 | care and community benefits provided each year to the | ||||||
18 | population served by the health care facility will be equal to | ||||||
19 | or exceed the average percentages of charity care and community | ||||||
20 | benefits provided by the health care facility for the 2 fiscal | ||||||
21 | years immediately preceding the acquisition.
| ||||||
22 | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| ||||||
23 | (Section scheduled to be repealed on July 1, 2008)
| ||||||
24 | Sec. 6. Application for permit or exemption; exemption | ||||||
25 | regulations.
| ||||||
26 | (a) An application for a permit or exemption shall be made | ||||||
27 | to
the State Board upon forms provided by the State Board. This | ||||||
28 | application
shall contain such information
as the State Board | ||||||
29 | deems necessary. Such
application shall include affirmative | ||||||
30 | evidence on which the Director may
make the findings required | ||||||
31 | under this Section and upon which the State
Board may make its | ||||||
32 | decision on the approval or denial of the permit or
exemption.
| ||||||
33 | (b) The State Board shall establish by regulation the | ||||||
34 | procedures and
requirements
regarding issuance of exemptions.
|
| |||||||
| |||||||
1 | An exemption shall be approved when information required by the | ||||||
2 | Board by rule
is submitted. Projects
eligible for an exemption, | ||||||
3 | rather than a permit, include, but are not limited
to,
change | ||||||
4 | of ownership of a health care facility. For a change of
| ||||||
5 | ownership of a health care
facility between related persons, | ||||||
6 | the State Board shall provide by rule for an
expedited
process | ||||||
7 | for obtaining an exemption.
| ||||||
8 | (c) All applications shall be signed by the applicant and | ||||||
9 | shall be
verified by any 2 officers thereof.
| ||||||
10 | (d) Upon receipt of an application for a permit, the State | ||||||
11 | Board shall
approve and authorize the issuance of a permit if | ||||||
12 | it finds (1) that the
applicant is fit, willing, and able to | ||||||
13 | provide a proper standard of
health care service for the | ||||||
14 | community with particular regard to the
qualification, | ||||||
15 | background and character of the applicant, (2) that
economic | ||||||
16 | feasibility is demonstrated in terms of effect on the existing
| ||||||
17 | and projected operating budget of the applicant and of the | ||||||
18 | health care
facility; in terms of the applicant's ability to | ||||||
19 | establish and operate
such facility in accordance with | ||||||
20 | licensure regulations promulgated under
pertinent state laws; | ||||||
21 | and in terms of the projected impact on the total
health care | ||||||
22 | expenditures in the facility and community, (3) that
safeguards | ||||||
23 | are provided which assure that the establishment,
construction | ||||||
24 | or modification of the health care facility or acquisition
of | ||||||
25 | major medical equipment is consistent
with the public interest | ||||||
26 | and maintain or enhance access to health care services, the | ||||||
27 | level of community benefits, and the level of charity care , and | ||||||
28 | (4) that the proposed project is consistent
with the orderly | ||||||
29 | and economic
development of such facilities and equipment and | ||||||
30 | is in accord with standards,
criteria, or plans of need adopted | ||||||
31 | and approved pursuant to the
provisions of Section 12 of this | ||||||
32 | Act.
| ||||||
33 | (Source: P.A. 93-41, eff. 6-27-03.)
| ||||||
34 | (20 ILCS 3960/8) (from Ch. 111 1/2, par. 1158)
| ||||||
35 | (Section scheduled to be repealed on July 1, 2008)
|
| |||||||
| |||||||
1 | Sec. 8. The Agency shall assist communities and regions | ||||||
2 | throughout
the State to establish areawide health planning | ||||||
3 | organizations and, in
particular, shall assist such | ||||||
4 | organizations to develop health care
facilities planning which | ||||||
5 | meets the criteria for recognition thereof.
Areawide health | ||||||
6 | planning organizations may be recognized to do health
| ||||||
7 | facilities planning by providing this component of health | ||||||
8 | planning
within the organization or by contracting with a | ||||||
9 | special-purpose health
planning organization that meets the | ||||||
10 | criteria for health facilities
planning.
| ||||||
11 | Recognition of these organizations with regard to health | ||||||
12 | facilities
planning, including establishment of the criteria | ||||||
13 | for such recognition,
shall be the responsibility of the State | ||||||
14 | Board, as provided elsewhere in
this Act.
| ||||||
15 | The Agency is authorized to make grants-in-aid or to | ||||||
16 | furnish direct
services to organizations in the development of | ||||||
17 | health facilities
planning capability, as a part of other | ||||||
18 | financial and service assistance
which the Agency is empowered | ||||||
19 | and required to provide in support of
health planning | ||||||
20 | organizations.
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21 | Upon receipt of an application for a permit to establish, | ||||||
22 | construct
or modify a health care facility, the Agency shall | ||||||
23 | notify the applicant
in writing within 10 working days either | ||||||
24 | that the application is
complete or the reasons why the | ||||||
25 | application is not complete. If the
application is complete, | ||||||
26 | the Agency shall notify affected persons of the
beginning of a | ||||||
27 | review and the review time cycle for the purposes of this
Act | ||||||
28 | shall begin on the date this notification is mailed.
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29 | Upon notifying affected persons of the beginning of a | ||||||
30 | review of an
application for a permit, a complete copy of such | ||||||
31 | application shall be transmitted to
the areawide health | ||||||
32 | planning organization serving the area or
community where the | ||||||
33 | health care facility or major medical equipment
is proposed to | ||||||
34 | be acquired, established,
constructed or modified. The Agency | ||||||
35 | shall also transmit a complete copy
of such application to any | ||||||
36 | reasonably contiguous areawide
health planning organization. |
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1 | The Agency shall afford a reasonable time
as established by the | ||||||
2 | State Board, but not to exceed 120 days in length,
for the | ||||||
3 | areawide planning organizations' review of the
application. | ||||||
4 | After reviewing the application, each recognized areawide
| ||||||
5 | planning organization shall certify its findings to the State | ||||||
6 | Board as
to whether or not the application is approved or | ||||||
7 | disapproved in
accordance with standards, criteria or plans of | ||||||
8 | need adopted and
approved by the recognized areawide health | ||||||
9 | planning organization
pursuant to its recognition by the State | ||||||
10 | Board for health care
facilities planning. The 120-day period | ||||||
11 | shall begin on the day the
application is found to be | ||||||
12 | substantially complete, as that term is
defined by the State | ||||||
13 | Board. During such 120-day period, the applicant
may request an | ||||||
14 | extension. An applicant may modify the application at
any time | ||||||
15 | prior to a final administrative decision on the application.
| ||||||
16 | Upon its receipt of an application, the areawide health | ||||||
17 | planning
organization or the Agency, as the case may be, may | ||||||
18 | submit a copy of
such application to the federally-recognized | ||||||
19 | professional standards
review organization, if any, and | ||||||
20 | appropriate local health planning
organization, if any, | ||||||
21 | existing in the area where the proposed project is
to occur. | ||||||
22 | Such organizations may review the application for a permit and
| ||||||
23 | submit, within 30 days from the receipt of the application, a | ||||||
24 | finding to
the agency or to the areawide health planning | ||||||
25 | organization, as the case
may be. A review and finding by a | ||||||
26 | federally-recognized professional
standards review | ||||||
27 | organization must be relevant to the activities for
which such | ||||||
28 | organization is recognized, and shall be considered by the
| ||||||
29 | Agency or the areawide health planning organization, as the | ||||||
30 | case may be,
in its review of the application.
| ||||||
31 | The State Board shall prescribe and provide the forms upon | ||||||
32 | which the
review and finding of the organization shall be made. | ||||||
33 | The recognized
areawide health planning organizations shall | ||||||
34 | submit their review and
finding to the Agency for its finding | ||||||
35 | on the application and transmittal
to the State Board for its | ||||||
36 | consideration of denial or approval.
|
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1 | If there is no areawide health planning organization in the | ||||||
2 | area
where the proposed establishment, construction or | ||||||
3 | modification of a
health care facility is to occur, then the | ||||||
4 | Agency shall be afforded a
reasonable time, but not to exceed | ||||||
5 | 120 days, for its review and finding
thereon. The Agency shall | ||||||
6 | submit its review and finding to the State
Board for its | ||||||
7 | approval or denial of the permit.
| ||||||
8 | When an application for a permit is initially reviewed by a
| ||||||
9 | recognized areawide health planning organization or the | ||||||
10 | Agency, as
herein provided, the organization or the Agency, as | ||||||
11 | the case may be,
shall ensure that a public hearing is | ||||||
12 | conducted if one or more of the following circumstances apply: | ||||||
13 | the review to be conducted is competitive; the proponent | ||||||
14 | proposes to spend $5,000,000 or more; a written request for a | ||||||
15 | public hearing is received before the end of the comment | ||||||
16 | period; or the Agency determines that a hearing is in the | ||||||
17 | public interest. The
afford an opportunity for a public hearing | ||||||
18 | must be held within a reasonable time
after receipt of
the | ||||||
19 | complete application, not to exceed 90 days. Notice of such | ||||||
20 | hearing
shall be made promptly by certified mail to the | ||||||
21 | applicant and, within 20
10
days of the hearing, by publication | ||||||
22 | on 3 consecutive days in a newspaper of general
circulation in | ||||||
23 | the area or community to be affected. For hearings pertaining | ||||||
24 | to facilities located within a metropolitan statistical area, | ||||||
25 | notice of the hearing must be made by publication on 3 | ||||||
26 | consecutive days in 2 newspapers of general circulation in the | ||||||
27 | area or community to be affected. Such hearing shall
be | ||||||
28 | conducted in the area or community where the proposed project | ||||||
29 | is to occur,
and
shall be for the purpose of allowing the | ||||||
30 | applicant and any interested
person to present public testimony | ||||||
31 | concerning the approval, denial,
renewal or revocation of the | ||||||
32 | permit. All interested persons attending
such hearing shall be | ||||||
33 | given reasonable opportunity to present their
views or | ||||||
34 | arguments in writing or orally, and a record of all such
| ||||||
35 | testimony shall accompany any recommendation of the Agency or | ||||||
36 | the
recognized areawide health planning organization for the |
| |||||||
| |||||||
1 | issuance, denial,
revocation or renewal of a permit to the | ||||||
2 | State Board. The State Board
shall promulgate reasonable rules | ||||||
3 | and regulations governing the
procedure and conduct of such | ||||||
4 | hearings.
| ||||||
5 | (Source: P.A. 88-18 .)
|