Rep. Michael J. Madigan
Filed: 7/8/2004
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1 | AMENDMENT TO HOUSE BILL 7307
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2 | AMENDMENT NO. ______. Amend House Bill 7307, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Health Facilities Planning Act is | ||||||
6 | amended by changing Sections 4, 4.2, and 8 and adding Section | ||||||
7 | 6.2 as follows:
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8 | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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9 | (Section scheduled to be repealed on July 1, 2008)
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10 | Sec. 4. Health Facilities Planning Board; membership; | ||||||
11 | appointment; term;
compensation; quorum. There is created the | ||||||
12 | Health
Facilities Planning Board, which
shall perform the | ||||||
13 | functions described in this
Act.
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14 | The State Board shall consist of 5 voting members. Each | ||||||
15 | member shall have a reasonable knowledge of health planning, | ||||||
16 | health finance, and health care at the time of his or her | ||||||
17 | appointment. No person shall be appointed or continue to serve | ||||||
18 | as a member of the State Board who is, or whose spouse, parent, | ||||||
19 | or child is, a member of the Board of Directors of, has a | ||||||
20 | financial interest in, or has a business relationship with a | ||||||
21 | health care facility. | ||||||
22 | Notwithstanding any provision of this Section to the | ||||||
23 | contrary, the term of
office of each member of the State Board | ||||||
24 | is abolished on the effective date of
this
amendatory Act of |
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1 | the 93rd General Assembly and those members no longer hold | ||||||
2 | office.
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3 | Notwithstanding any provision of this Section to the | ||||||
4 | contrary, the term of
office of each member of the State Board | ||||||
5 | is abolished on the effective date of
this
amendatory Act of | ||||||
6 | the 93rd General Assembly, but all incumbent members shall
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7 | continue to exercise all of the powers and be subject to all of | ||||||
8 | the duties of
members of the State Board until all new members | ||||||
9 | of the 9-member State Board
authorized under this amendatory | ||||||
10 | Act of the 93rd General Assembly are
appointed and take office. | ||||||
11 | Beginning on the effective date of this amendatory
Act
of the | ||||||
12 | 93rd General Assembly, the State Board shall consist of 9 | ||||||
13 | voting
members.
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14 | The State Board shall be appointed by the Governor, with | ||||||
15 | the advice
and consent of the Senate. Not more than 3
5 of the
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16 | appointments shall be of the same political party at the time | ||||||
17 | of the appointment .
No person shall be appointed as a State | ||||||
18 | Board member if that person has
served, after the effective | ||||||
19 | date of Public Act 93-41
this amendatory Act of the 93rd | ||||||
20 | General
Assembly , 2 3-year terms as a State Board member, | ||||||
21 | except for
ex officio non-voting members.
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22 | The Secretary of Human Services, the Director of Public | ||||||
23 | Aid, and
the Director of Public Health, or their designated | ||||||
24 | representatives,
shall serve as ex-officio, non-voting members | ||||||
25 | of the State Board.
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26 | Of those members initially appointed by the Governor under | ||||||
27 | this
amendatory Act of the 93rd General Assembly, 2 shall serve | ||||||
28 | for terms expiring
July 1, 2005, 2 shall serve for terms | ||||||
29 | expiring July 1, 2006, and 1 shall serve
for a term expiring | ||||||
30 | July 1, 2007.
Of those members initially appointed by the | ||||||
31 | Governor under this
amendatory Act of the 93rd General | ||||||
32 | Assembly, 3 shall serve for terms expiring
July 1, 2004, 3 | ||||||
33 | shall serve for terms expiring July 1, 2005, and 3 shall serve
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34 | for terms expiring July 1, 2006. Thereafter, each
appointed |
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1 | member shall
hold office for a term of 3 years, provided that | ||||||
2 | any member
appointed to fill a vacancy
occurring prior to the | ||||||
3 | expiration of the
term for which his or her predecessor was | ||||||
4 | appointed shall be appointed for the
remainder of such term and | ||||||
5 | the term of office of each successor shall
commence on July 1 | ||||||
6 | of the year in which his predecessor's term expires. Each
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7 | member appointed after the effective date of this amendatory | ||||||
8 | Act of the 93rd General Assembly shall hold office until his or | ||||||
9 | her successor is appointed and qualified.
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10 | State Board members, while serving on business of the State | ||||||
11 | Board,
shall receive actual and necessary travel and | ||||||
12 | subsistence expenses while
so serving away from their places
of | ||||||
13 | residence.
A member of the State Board who experiences a | ||||||
14 | significant financial hardship
due to the loss of income on | ||||||
15 | days of attendance at meetings or while otherwise
engaged in | ||||||
16 | the business of the State Board may be paid a hardship | ||||||
17 | allowance, as
determined by and subject to the approval of the | ||||||
18 | Governor's Travel Control
Board.
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19 | The Governor shall designate one of the members to serve as | ||||||
20 | Chairman
and shall name as full-time
Executive Secretary of the | ||||||
21 | State
Board, a person qualified in health care facility | ||||||
22 | planning and in
administration. The Agency shall provide | ||||||
23 | administrative and staff
support for the State Board. The State | ||||||
24 | Board shall advise the Director
of its budgetary and staff | ||||||
25 | needs and consult with the Director on annual
budget | ||||||
26 | preparation.
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27 | The State Board shall meet at least once each quarter, or | ||||||
28 | as often as
the Chairman of the State Board deems necessary, or | ||||||
29 | upon the request of
a majority of the members.
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30 |
Three
Five members of the State Board shall constitute a | ||||||
31 | quorum.
The affirmative vote of 3
5 of the members of the State | ||||||
32 | Board shall be
necessary for
any action requiring a vote to be | ||||||
33 | taken by the State
Board. A vacancy in the membership of the | ||||||
34 | State Board shall not impair the
right of a quorum to exercise |
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1 | all the rights and perform all the duties of the
State Board as | ||||||
2 | provided by this Act.
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3 | A State Board member shall disqualify himself or herself | ||||||
4 | from the
consideration of any application for a permit or
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5 | exemption in which the State Board member or the State Board | ||||||
6 | member's spouse,
parent, or child: (i) has
an economic interest | ||||||
7 | in the matter; or (ii) is employed by, serves as a
consultant | ||||||
8 | for, or is a member of the
governing board of the applicant or | ||||||
9 | a party opposing the application.
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10 | (Source: P.A. 93-41, eff. 6-27-03.)
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11 | (20 ILCS 3960/4.2)
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12 | (Section scheduled to be repealed on July 1, 2008)
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13 | Sec. 4.2. Ex parte communications.
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14 | (a) Except in the disposition of matters that agencies are | ||||||
15 | authorized by law
to entertain or dispose of on an ex parte | ||||||
16 | basis including, but not limited to
rule making, the State | ||||||
17 | Board, any State Board member, employee, or a hearing
officer | ||||||
18 | shall not engage in ex parte communication,
after an | ||||||
19 | application for a permit is received,
in connection with the | ||||||
20 | substance of any application for
a permit with any person or | ||||||
21 | party or the representative of any party with a financial | ||||||
22 | interest in the outcome of the application. Any person or party | ||||||
23 | with a financial interest in a permit application may not | ||||||
24 | communicate with the any member, employee, or hearing officer | ||||||
25 | of the State Board regarding the substance of the permit | ||||||
26 | application for at least 6 months prior to the submission of | ||||||
27 | the application .
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28 | (b) A State Board member or employee may communicate with | ||||||
29 | other
members or employees and any State Board member or | ||||||
30 | hearing
officer may have the aid and advice of one or more | ||||||
31 | personal assistants.
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32 | (c) An ex parte communication received by the State Board, | ||||||
33 | any State
Board member, employee, or a hearing officer shall be |
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1 | made a part of the record
of the
pending matter, including all | ||||||
2 | written communications, all written
responses to the | ||||||
3 | communications, and a memorandum stating the substance of all
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4 | oral communications and all responses made and the identity of | ||||||
5 | each person from
whom the ex parte communication was received.
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6 | (d) "Ex parte communication" means a communication between | ||||||
7 | a person who is
not a State Board member or employee and a
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8 | State Board member or
employee
that reflects on the substance | ||||||
9 | of a pending State Board proceeding and that
takes
place | ||||||
10 | outside the record of the proceeding. Communications regarding | ||||||
11 | matters
of procedure and practice, such as the format of | ||||||
12 | pleading, number of copies
required, manner of service, and | ||||||
13 | status of proceedings, are not considered ex
parte | ||||||
14 | communications. Technical assistance with respect to an | ||||||
15 | application, not
intended to influence any decision on the | ||||||
16 | application, may be provided by
employees to the applicant. Any | ||||||
17 | assistance shall be documented in writing by
the applicant and | ||||||
18 | employees within 10 business days after the assistance is
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19 | provided.
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20 | (e) For purposes of this Section, "employee" means
a person | ||||||
21 | the State Board or the Agency employs on a full-time, | ||||||
22 | part-time,
contract, or intern
basis.
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23 | (f) The State Board, State Board member, or hearing | ||||||
24 | examiner presiding
over the proceeding, in the event of a | ||||||
25 | violation of this Section, must take
whatever action is | ||||||
26 | necessary to ensure that the violation does not prejudice
any | ||||||
27 | party or adversely affect the fairness of the proceedings.
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28 | (g) Nothing in this Section shall be construed to prevent | ||||||
29 | the State Board or
any member of the State Board from | ||||||
30 | consulting with the attorney for the State
Board.
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31 | (Source: P.A. 91-782, eff. 6-9-00; revised 1-28-04 .)
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32 | (20 ILCS 3960/6.2 new)
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33 | (Section scheduled to be repealed on July 1, 2008) |
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1 | Sec. 6.2. Intervenor. The Health Facilities Planning Board | ||||||
2 | shall establish rules for consumers, as defined in Section 3, | ||||||
3 | to intervene in the Board's review process for permit | ||||||
4 | applications. These rules shall include, but not be limited to, | ||||||
5 | the following: | ||||||
6 | (1) Public notification of the right to intervene in | ||||||
7 | each application review process. | ||||||
8 | (2) A method for petitioning the Board for intervenor | ||||||
9 | status. | ||||||
10 | (3) A process for reviewing petitions for intervention | ||||||
11 | and for notification of all parties regarding intervenor | ||||||
12 | status.
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13 | A consumer permitted to intervene may participate in all | ||||||
14 | phases of the process, including receipt of all documents | ||||||
15 | related to the application review and an opportunity to testify | ||||||
16 | at Board meetings.
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17 | (20 ILCS 3960/8) (from Ch. 111 1/2, par. 1158)
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18 | (Section scheduled to be repealed on July 1, 2008)
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19 | Sec. 8. The Agency shall assist communities and regions | ||||||
20 | throughout
the State to establish areawide health planning | ||||||
21 | organizations and, in
particular, shall assist such | ||||||
22 | organizations to develop health care
facilities planning which | ||||||
23 | meets the criteria for recognition thereof.
Areawide health | ||||||
24 | planning organizations may be recognized to do health
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25 | facilities planning by providing this component of health | ||||||
26 | planning
within the organization or by contracting with a | ||||||
27 | special-purpose health
planning organization that meets the | ||||||
28 | criteria for health facilities
planning.
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29 | Recognition of these organizations with regard to health | ||||||
30 | facilities
planning, including establishment of the criteria | ||||||
31 | for such recognition,
shall be the responsibility of the State | ||||||
32 | Board, as provided elsewhere in
this Act.
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33 | The Agency is authorized to make grants-in-aid or to |
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1 | furnish direct
services to organizations in the development of | ||||||
2 | health facilities
planning capability, as a part of other | ||||||
3 | financial and service assistance
which the Agency is empowered | ||||||
4 | and required to provide in support of
health planning | ||||||
5 | organizations.
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6 | Upon receipt of an application for a permit to establish, | ||||||
7 | construct
or modify a health care facility, the Agency shall | ||||||
8 | notify the applicant
in writing within 10 working days either | ||||||
9 | that the application is
complete or the reasons why the | ||||||
10 | application is not complete. If the
application is complete, | ||||||
11 | the Agency shall notify affected persons of the
beginning of a | ||||||
12 | review and the review time cycle for the purposes of this
Act | ||||||
13 | shall begin on the date this notification is mailed.
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14 | Upon notifying affected persons of the beginning of a | ||||||
15 | review of an
application for a permit, a complete copy of such | ||||||
16 | application shall be transmitted to
the areawide health | ||||||
17 | planning organization serving the area or
community where the | ||||||
18 | health care facility or major medical equipment
is proposed to | ||||||
19 | be acquired, established,
constructed or modified. The Agency | ||||||
20 | shall also transmit a complete copy
of such application to any | ||||||
21 | reasonably contiguous areawide
health planning organization. | ||||||
22 | The Agency shall afford a reasonable time
as established by the | ||||||
23 | State Board, but not to exceed 120 days in length,
for the | ||||||
24 | areawide planning organizations' review of the
application. | ||||||
25 | After reviewing the application, each recognized areawide
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26 | planning organization shall certify its findings to the State | ||||||
27 | Board as
to whether or not the application is approved or | ||||||
28 | disapproved in
accordance with standards, criteria or plans of | ||||||
29 | need adopted and
approved by the recognized areawide health | ||||||
30 | planning organization
pursuant to its recognition by the State | ||||||
31 | Board for health care
facilities planning. The 120-day period | ||||||
32 | shall begin on the day the
application is found to be | ||||||
33 | substantially complete, as that term is
defined by the State | ||||||
34 | Board. During such 120-day period, the applicant
may request an |
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1 | extension. An applicant may modify the application at
any time | ||||||
2 | prior to a final administrative decision on the application.
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3 | Upon its receipt of an application, the areawide health | ||||||
4 | planning
organization or the Agency, as the case may be, may | ||||||
5 | submit a copy of
such application to the federally-recognized | ||||||
6 | professional standards
review organization, if any, and | ||||||
7 | appropriate local health planning
organization, if any, | ||||||
8 | existing in the area where the proposed project is
to occur. | ||||||
9 | Such organizations may review the application for a permit and
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10 | submit, within 30 days from the receipt of the application, a | ||||||
11 | finding to
the agency or to the areawide health planning | ||||||
12 | organization, as the case
may be. A review and finding by a | ||||||
13 | federally-recognized professional
standards review | ||||||
14 | organization must be relevant to the activities for
which such | ||||||
15 | organization is recognized, and shall be considered by the
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16 | Agency or the areawide health planning organization, as the | ||||||
17 | case may be,
in its review of the application.
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18 | The State Board shall prescribe and provide the forms upon | ||||||
19 | which the
review and finding of the organization shall be made. | ||||||
20 | The recognized
areawide health planning organizations shall | ||||||
21 | submit their review and
finding to the Agency for its finding | ||||||
22 | on the application and transmittal
to the State Board for its | ||||||
23 | consideration of denial or approval.
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24 | If there is no areawide health planning organization in the | ||||||
25 | area
where the proposed establishment, construction or | ||||||
26 | modification of a
health care facility is to occur, then the | ||||||
27 | Agency shall be afforded a
reasonable time, but not to exceed | ||||||
28 | 120 days, for its review and finding
thereon. The Agency shall | ||||||
29 | submit its review and finding to the State
Board for its | ||||||
30 | approval or denial of the permit.
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31 | When an application for a permit is initially reviewed by a
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32 | recognized areawide health planning organization or the | ||||||
33 | Agency, as
herein provided, the organization or the Agency, as | ||||||
34 | the case may be,
shall ensure that a public hearing is |
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1 | conducted if a written request for a public hearing is received | ||||||
2 | before the end of the comment period or if the Agency | ||||||
3 | determines that a hearing is in the public interest. The
afford | ||||||
4 | an opportunity for a public hearing shall be held within a | ||||||
5 | reasonable time
after receipt of
the complete application, not | ||||||
6 | to exceed 90 days. Notice of such hearing
shall be made | ||||||
7 | promptly by certified mail to the applicant and members of the | ||||||
8 | General Assembly in whose district the facility is, or will be, | ||||||
9 | located, by posting the notice on the Agency's web site,
and, | ||||||
10 | within 20
10
days before
of the hearing, by publication on 3 | ||||||
11 | consecutive days in a newspaper of general
circulation in the | ||||||
12 | area or community to be affected. For hearings pertaining to | ||||||
13 | facilities located within a metropolitan statistical area, | ||||||
14 | notice of the hearing must be made by publication on 3 | ||||||
15 | consecutive days in 2 newspapers of general circulation in the | ||||||
16 | area or community to be affected. Such hearing shall
be | ||||||
17 | conducted in the area or community where the proposed project | ||||||
18 | is to occur,
and
shall be for the purpose of allowing the | ||||||
19 | applicant and any interested
person to present public testimony | ||||||
20 | concerning the approval, denial,
renewal or revocation of the | ||||||
21 | permit. All interested persons attending
such hearing shall be | ||||||
22 | given reasonable opportunity to present their
views or | ||||||
23 | arguments in writing or orally, and a record of all such
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24 | testimony shall accompany any recommendation of the Agency or | ||||||
25 | the
recognized areawide health planning organization for the | ||||||
26 | issuance, denial,
revocation or renewal of a permit to the | ||||||
27 | State Board. The State Board
shall promulgate reasonable rules | ||||||
28 | and regulations governing the
procedure and conduct of such | ||||||
29 | hearings.
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30 | (Source: P.A. 88-18 .)
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31 | Section 99. Effective date. This Act takes effect upon | ||||||
32 | becoming law.".
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