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SB2436 Enrolled |
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LRB094 17968 RCE 53271 b |
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| AN ACT concerning health facilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Health Facilities Planning Act is |
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| amended by changing Sections 12, 13, and 19.6 as follows:
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| (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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| (Section scheduled to be repealed on July 1, 2006)
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| Sec. 12. Powers and duties of State Board. For purposes of |
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| this Act,
the State Board
shall
exercise the following powers |
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| and duties:
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| (1) Prescribe rules,
regulations, standards, criteria, |
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| procedures or reviews which may vary
according to the purpose |
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| for which a particular review is being conducted
or the type of |
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| project reviewed and which are required to carry out the
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| provisions and purposes of this Act.
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| (2) Adopt procedures for public
notice and hearing on all |
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| proposed rules, regulations, standards,
criteria, and plans |
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| required to carry out the provisions of this Act.
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| (3) Prescribe criteria for
recognition for areawide health |
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| planning organizations, including, but
not limited to, |
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| standards for evaluating the scientific bases for
judgments on |
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| need and procedure for making these determinations.
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| (4) Develop criteria and standards for health care |
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| facilities planning,
conduct statewide inventories of health |
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| care facilities, maintain an updated
inventory on the |
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| Department's web site reflecting the
most recent bed and |
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| service
changes and updated need determinations when new census |
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| data become available
or new need formulae
are adopted,
and
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| develop health care facility plans which shall be utilized in |
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| the review of
applications for permit under
this Act. Such |
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| health facility plans shall be coordinated by the Agency
with |
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| the health care facility plans areawide health planning
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SB2436 Enrolled |
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LRB094 17968 RCE 53271 b |
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| organizations and with other pertinent State Plans. |
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| Inventories pursuant to this Section of skilled or intermediate |
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| care facilities licensed under the Nursing Home Care Act or |
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| nursing homes licensed under the Hospital Licensing Act shall |
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| be conducted on an annual basis no later than July 1 of each |
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| year and shall include among the information requested a list |
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| of all services provided by a facility to its residents and to |
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| the community at large and differentiate between active and |
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| inactive beds.
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| In developing health care facility plans, the State Board |
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| shall consider,
but shall not be limited to, the following:
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| (a) The size, composition and growth of the population |
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| of the area
to be served;
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| (b) The number of existing and planned facilities |
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| offering similar
programs;
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| (c) The extent of utilization of existing facilities;
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| (d) The availability of facilities which may serve as |
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| alternatives
or substitutes;
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| (e) The availability of personnel necessary to the |
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| operation of the
facility;
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| (f) Multi-institutional planning and the establishment |
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| of
multi-institutional systems where feasible;
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| (g) The financial and economic feasibility of proposed |
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| construction
or modification; and
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| (h) In the case of health care facilities established |
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| by a religious
body or denomination, the needs of the |
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| members of such religious body or
denomination may be |
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| considered to be public need.
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| The health care facility plans which are developed and |
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| adopted in
accordance with this Section shall form the basis |
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| for the plan of the State
to deal most effectively with |
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| statewide health needs in regard to health
care facilities.
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| (5) Coordinate with other state agencies having |
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| responsibilities
affecting health care facilities, including |
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| those of licensure and cost
reporting.
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| (6) Solicit, accept, hold and administer on behalf of the |
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SB2436 Enrolled |
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LRB094 17968 RCE 53271 b |
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| State
any grants or bequests of money, securities or property |
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| for
use by the State Board or recognized areawide health |
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| planning
organizations in the administration of this Act; and |
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| enter into contracts
consistent with the appropriations for |
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| purposes enumerated in this Act.
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| (7) The State Board shall prescribe, in
consultation with |
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| the recognized
areawide health planning organizations, |
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| procedures for review, standards,
and criteria which shall be |
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| utilized
to make periodic areawide reviews and determinations |
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| of the appropriateness
of any existing health services being |
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| rendered by health care facilities
subject to the Act. The |
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| State Board shall consider recommendations of the
areawide |
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| health planning organization and the Agency in making its
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| determinations.
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| (8) Prescribe, in consultation
with the recognized |
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| areawide health planning organizations, rules, regulations,
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| standards, and criteria for the conduct of an expeditious |
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| review of
applications
for permits for projects of construction |
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| or modification of a health care
facility, which projects are |
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| non-substantive in nature. Such rules shall
not abridge the |
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| right of areawide health planning organizations to make
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| recommendations on the classification and approval of |
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| projects, nor shall
such rules prevent the conduct of a public |
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| hearing upon the timely request
of an interested party. Such |
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| reviews shall not exceed 60 days from the
date the application |
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| is declared to be complete by the Agency.
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| (9) Prescribe rules, regulations,
standards, and criteria |
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| pertaining to the granting of permits for
construction
and |
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| modifications which are emergent in nature and must be |
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| undertaken
immediately to prevent or correct structural |
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| deficiencies or hazardous
conditions that may harm or injure |
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| persons using the facility, as defined
in the rules and |
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| regulations of the State Board. This procedure is exempt
from |
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| public hearing requirements of this Act.
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| (10) Prescribe rules,
regulations, standards and criteria |
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| for the conduct of an expeditious
review, not exceeding 60 |
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SB2436 Enrolled |
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LRB094 17968 RCE 53271 b |
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| days, of applications for permits for projects to
construct or |
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| modify health care facilities which are needed for the care
and |
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| treatment of persons who have acquired immunodeficiency |
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| syndrome (AIDS)
or related conditions.
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| (Source: P.A. 93-41, eff. 6-27-03.)
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| (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
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| (Section scheduled to be repealed on July 1, 2006)
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| Sec. 13. Investigation of applications for permits and |
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| certificates of
recognition. The Agency or the State Board |
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| shall make or cause to be made
such investigations as it or the |
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| State Board deems necessary in connection
with an application |
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| for a permit or an application for a certificate of
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| recognition, or in connection with a determination of whether |
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| or not
construction
or modification which has been commenced is |
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| in accord with the permit issued
by the State Board or whether |
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| construction or modification has been commenced
without a |
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| permit having been obtained. The State Board may issue |
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| subpoenas
duces tecum requiring the production of records and |
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| may administer oaths
to such witnesses.
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| Any circuit court of this State, upon the application of |
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| the State Board
or upon the application of any party to such |
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| proceedings, may, in its
discretion,
compel the attendance of |
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| witnesses, the production of books, papers, records,
or |
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| memoranda and the giving of testimony before the State Board, |
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| by a
proceeding
as for contempt, or otherwise, in the same |
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| manner as production of evidence
may be compelled before the |
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| court.
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| The State Board shall require all health facilities |
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| operating
in this State
to provide such reasonable reports at |
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| such times and containing such
information
as is needed by it |
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| to carry out the purposes and provisions of this Act.
Prior to |
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| collecting information from health facilities, the State Board
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| shall make reasonable efforts
through a public process to |
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| consult with health facilities and associations
that represent |
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| them to determine
whether data and information requests will |
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SB2436 Enrolled |
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LRB094 17968 RCE 53271 b |
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| result in useful information for
health planning, whether
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| sufficient information is available from other sources, and |
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| whether data
requested is routinely collected
by health |
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| facilities and is available without retrospective record |
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| review. Data
and information requests
shall not impose undue |
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| paperwork burdens on health care facilities and
personnel.
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| Health facilities not complying with this requirement shall be |
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| reported
to licensing, accrediting, certifying, or payment |
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| agencies as being in
violation
of State law. Health care |
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| facilities and other parties at interest shall
have reasonable |
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| access, under rules established by the State Board, to all
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| planning information submitted in accord with this Act |
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| pertaining to their
area.
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| Among the reports to be required by the State Board are |
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| facility questionnaires for health care facilities licensed |
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| under the Ambulatory Surgical Treatment Center Act, the |
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| Hospital Licensing Act, the Nursing Home Care Act, or the End |
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| Stage Renal Disease Facility Act. These questionnaires shall be |
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| conducted on an annual basis and compiled by the Agency. For |
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| health care facilities licensed under the Nursing Home Care |
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| Act, these reports shall include, but not be limited to, the |
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| identification of specialty services provided by the facility |
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| to patients, residents, and the community at large. For health |
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| care facilities that contain long term care beds, the reports |
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| shall also include the number of staffed long term care beds, |
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| physical capacity for long term care beds at the facility, and |
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| long term care beds available for immediate occupancy. For |
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| purposes of this paragraph, "long term care beds" means beds
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| (i) licensed under the Nursing Home Care Act or (ii) licensed |
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| under the Hospital Licensing Act and certified as skilled |
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| nursing or nursing facility beds under Medicaid or Medicare.
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| (Source: P.A. 93-41, eff. 6-27-03.)
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| (20 ILCS 3960/19.6)
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| (Section scheduled to be repealed on July 1, 2006)
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| Sec. 19.6. Repeal. This Act is repealed on April 1, 2007
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