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1 | AN ACT concerning State government.
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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:
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4 | "Section 5. The Illinois Health Facilities Planning Act is | |||||||||||||||||||||
5 | amended by changing Sections 3 and 14.1 as follows:
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6 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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7 | (Section scheduled to be repealed on April 1, 2007)
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8 | Sec. 3. Definitions. As used in this Act:
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9 | "Health care facilities" means and includes
the following | |||||||||||||||||||||
10 | facilities and organizations:
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11 | 1. An ambulatory surgical treatment center required to | |||||||||||||||||||||
12 | be licensed
pursuant to the Ambulatory Surgical Treatment | |||||||||||||||||||||
13 | Center Act;
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14 | 2. An institution, place, building, or agency required | |||||||||||||||||||||
15 | to be licensed
pursuant to the Hospital Licensing Act;
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16 | 3. Skilled and intermediate long term care facilities | |||||||||||||||||||||
17 | licensed under the
Nursing
Home Care Act;
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18 | 3. Skilled and intermediate long term care facilities | |||||||||||||||||||||
19 | licensed under the
Nursing
Home Care Act;
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20 | 4. Hospitals, nursing homes, ambulatory surgical | |||||||||||||||||||||
21 | treatment centers, or
kidney disease treatment centers
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22 | maintained by the State or any department or agency | |||||||||||||||||||||
23 | thereof;
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1 | 5. Kidney disease treatment centers, including a | ||||||
2 | free-standing
hemodialysis unit required to be licensed | ||||||
3 | under the End Stage Renal Disease Facility Act; and
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4 | 6. An institution, place, building, or room used for | ||||||
5 | the performance of
outpatient surgical procedures that is | ||||||
6 | leased, owned, or operated by or on
behalf of an | ||||||
7 | out-of-state facility.
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8 | No federally owned facility shall be subject to the | ||||||
9 | provisions of this
Act, nor facilities used solely for healing | ||||||
10 | by prayer or spiritual means.
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11 | No facility licensed under the Supportive Residences | ||||||
12 | Licensing Act or the
Assisted Living and Shared Housing Act
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13 | shall be subject to the provisions of this Act.
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14 | A facility designated as a supportive living facility that | ||||||
15 | is in good
standing with the program
established under Section | ||||||
16 | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | ||||||
17 | the provisions of this
Act.
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18 | This Act does not apply to facilities granted waivers under | ||||||
19 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
20 | demonstration project under that
Act applies for a certificate
| ||||||
21 | of need to convert to a nursing facility, it shall meet the | ||||||
22 | licensure and
certificate of need requirements in effect as of | ||||||
23 | the date of application. | ||||||
24 | This Act does not apply to a dialysis facility that | ||||||
25 | provides only dialysis training, support, and related services | ||||||
26 | to individuals with end stage renal disease who have elected to |
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1 | receive home dialysis. This Act does not apply to a dialysis | ||||||
2 | unit located in a licensed nursing home that offers or provides | ||||||
3 | dialysis-related services to residents with end stage renal | ||||||
4 | disease who have elected to receive home dialysis within the | ||||||
5 | nursing home. The Board, however, may require these dialysis | ||||||
6 | facilities and licensed nursing homes to report statistical | ||||||
7 | information on a quarterly basis to the Board to be used by the | ||||||
8 | Board to conduct analyses on the need for proposed kidney | ||||||
9 | disease treatment centers.
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10 | This Act shall not apply to the closure of an entity or a | ||||||
11 | portion of an
entity licensed under the Nursing Home Care Act | ||||||
12 | that elects to convert, in
whole or in part, to an assisted | ||||||
13 | living or shared housing establishment
licensed under the | ||||||
14 | Assisted Living and Shared Housing Act.
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15 | This Act does not apply to any change of ownership of a | ||||||
16 | healthcare facility that is licensed under the Nursing Home | ||||||
17 | Care Act. Changes of ownership of facilities licensed under the | ||||||
18 | Nursing Home Care Act must meet the requirements set forth in | ||||||
19 | Sections 3-101 through 3-119 of the Nursing Home Care Act.
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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
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1 | professional group. Further, this Act shall not apply to | ||||||
2 | physicians or
other licensed health care professional's | ||||||
3 | practices where such practices
are carried out in a portion of | ||||||
4 | a health care facility under contract
with such health care | ||||||
5 | facility by a physician or by other licensed
health care | ||||||
6 | professionals, whether practicing in his individual capacity
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7 | or within the legal structure of any partnership, medical or
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8 | professional corporation, or unincorporated medical or | ||||||
9 | professional
groups. This Act shall apply to construction or
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10 | modification and to establishment by such health care facility | ||||||
11 | of such
contracted portion which is subject to facility | ||||||
12 | licensing requirements,
irrespective of the party responsible | ||||||
13 | for such action or attendant
financial obligation.
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14 | "Person" means any one or more natural persons, legal | ||||||
15 | entities,
governmental bodies other than federal, or any | ||||||
16 | combination thereof.
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17 | "Consumer" means any person other than a person (a) whose | ||||||
18 | major
occupation currently involves or whose official capacity | ||||||
19 | within the last
12 months has involved the providing, | ||||||
20 | administering or financing of any
type of health care facility, | ||||||
21 | (b) who is engaged in health research or
the teaching of | ||||||
22 | health, (c) who has a material financial interest in any
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23 | activity which involves the providing, administering or | ||||||
24 | financing of any
type of health care facility, or (d) who is or | ||||||
25 | ever has been a member of
the immediate family of the person | ||||||
26 | defined by (a), (b), or (c).
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1 | "State Board" means the Health Facilities Planning Board.
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2 | "Construction or modification" means the establishment, | ||||||
3 | erection,
building, alteration, reconstruction, modernization, | ||||||
4 | improvement,
extension, discontinuation, change of ownership, | ||||||
5 | of or by a health care
facility, or the purchase or acquisition | ||||||
6 | by or through a health care facility
of
equipment or service | ||||||
7 | for diagnostic or therapeutic purposes or for
facility | ||||||
8 | administration or operation, or any capital expenditure made by
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9 | or on behalf of a health care facility which
exceeds the | ||||||
10 | capital expenditure minimum; however, any capital expenditure
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11 | made by or on behalf of a health care facility for (i) the | ||||||
12 | construction or
modification of a facility licensed under the | ||||||
13 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
14 | project undertaken in accordance with Section 30 of the Older | ||||||
15 | Adult Services Act shall be excluded from any obligations under | ||||||
16 | this Act.
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17 | "Establish" means the construction of a health care | ||||||
18 | facility or the
replacement of an existing facility on another | ||||||
19 | site.
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20 | "Major medical equipment" means medical equipment which is | ||||||
21 | used for the
provision of medical and other health services and | ||||||
22 | which costs in excess
of the capital expenditure minimum, | ||||||
23 | except that such term does not include
medical equipment | ||||||
24 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
25 | clinical laboratory
services if the clinical laboratory is | ||||||
26 | independent of a physician's office
and a hospital and it has |
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1 | been determined under Title XVIII of the Social
Security Act to | ||||||
2 | meet the requirements of paragraphs (10) and (11) of Section
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3 | 1861(s) of such Act. In determining whether medical equipment | ||||||
4 | has a value
in excess of the capital expenditure minimum, the | ||||||
5 | value of studies, surveys,
designs, plans, working drawings, | ||||||
6 | specifications, and other activities
essential to the | ||||||
7 | acquisition of such equipment shall be included.
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8 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
9 | on behalf of
a health care facility (as such a facility is | ||||||
10 | defined in this Act); and
(B) which under generally accepted | ||||||
11 | accounting principles is not properly
chargeable as an expense | ||||||
12 | of operation and maintenance, or is made to obtain
by lease or | ||||||
13 | comparable arrangement any facility or part thereof or any
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14 | equipment for a facility or part; and which exceeds the capital | ||||||
15 | expenditure
minimum.
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16 | For the purpose of this paragraph, the cost of any studies, | ||||||
17 | surveys, designs,
plans, working drawings, specifications, and | ||||||
18 | other activities essential
to the acquisition, improvement, | ||||||
19 | expansion, or replacement of any plant
or equipment with | ||||||
20 | respect to which an expenditure is made shall be included
in | ||||||
21 | determining if such expenditure exceeds the capital | ||||||
22 | expenditures minimum.
Donations of equipment
or facilities to a | ||||||
23 | health care facility which if acquired directly by such
| ||||||
24 | facility would be subject to review under this Act shall be | ||||||
25 | considered capital
expenditures, and a transfer of equipment or | ||||||
26 | facilities for less than fair
market value shall be considered |
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1 | a capital expenditure for purposes of this
Act if a transfer of | ||||||
2 | the equipment or facilities at fair market value would
be | ||||||
3 | subject to review.
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4 | "Capital expenditure minimum" means $6,000,000, which | ||||||
5 | shall be annually
adjusted to reflect the increase in | ||||||
6 | construction costs due to inflation, for major medical | ||||||
7 | equipment and for all other
capital expenditures; provided, | ||||||
8 | however, that when a capital expenditure is
for the | ||||||
9 | construction or modification of a health and fitness center, | ||||||
10 | "capital
expenditure minimum" means the capital expenditure | ||||||
11 | minimum for all other
capital expenditures in effect on March | ||||||
12 | 1, 2000, which shall be annually
adjusted to reflect the | ||||||
13 | increase in construction costs due to inflation.
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14 | "Non-clinical service area" means an area (i) for the | ||||||
15 | benefit of the
patients, visitors, staff, or employees of a | ||||||
16 | health care facility and (ii) not
directly related to the | ||||||
17 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
18 | services from the health care facility. "Non-clinical service | ||||||
19 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
20 | news stands; computer
systems; tunnels, walkways, and | ||||||
21 | elevators; telephone systems; projects to
comply with life | ||||||
22 | safety codes; educational facilities; student housing;
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23 | patient, employee, staff, and visitor dining areas; | ||||||
24 | administration and
volunteer offices; modernization of | ||||||
25 | structural components (such as roof
replacement and masonry | ||||||
26 | work); boiler repair or replacement; vehicle
maintenance and |
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1 | storage facilities; parking facilities; mechanical systems for
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2 | heating, ventilation, and air conditioning; loading docks; and | ||||||
3 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
4 | window coverings or treatments,
or furniture. Solely for the | ||||||
5 | purpose of this definition, "non-clinical service
area" does | ||||||
6 | not include health and fitness centers.
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7 | "Areawide" means a major area of the State delineated on a
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8 | geographic, demographic, and functional basis for health | ||||||
9 | planning and
for health service and having within it one or | ||||||
10 | more local areas for
health planning and health service. The | ||||||
11 | term "region", as contrasted
with the term "subregion", and the | ||||||
12 | word "area" may be used synonymously
with the term "areawide".
| ||||||
13 | "Local" means a subarea of a delineated major area that on | ||||||
14 | a
geographic, demographic, and functional basis may be | ||||||
15 | considered to be
part of such major area. The term "subregion" | ||||||
16 | may be used synonymously
with the term "local".
| ||||||
17 | "Areawide health planning organization" or "Comprehensive | ||||||
18 | health
planning organization" means the health systems agency | ||||||
19 | designated by the
Secretary, Department of Health and Human | ||||||
20 | Services or any successor agency.
| ||||||
21 | "Local health planning organization" means those local | ||||||
22 | health
planning organizations that are designated as such by | ||||||
23 | the areawide
health planning organization of the appropriate | ||||||
24 | area.
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25 | "Physician" means a person licensed to practice in | ||||||
26 | accordance with
the Medical Practice Act of 1987, as amended.
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1 | "Licensed health care professional" means a person | ||||||
2 | licensed to
practice a health profession under pertinent | ||||||
3 | licensing statutes of the
State of Illinois.
| ||||||
4 | "Director" means the Director of the Illinois Department of | ||||||
5 | Public Health.
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6 | "Agency" means the Illinois Department of Public Health.
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7 | "Comprehensive health planning" means health planning | ||||||
8 | concerned with
the total population and all health and | ||||||
9 | associated problems that affect
the well-being of people and | ||||||
10 | that encompasses health services, health
manpower, and health | ||||||
11 | facilities; and the coordination among these and
with those | ||||||
12 | social, economic, and environmental factors that affect | ||||||
13 | health.
| ||||||
14 | "Alternative health care model" means a facility or program | ||||||
15 | authorized
under the Alternative Health Care Delivery Act.
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16 | "Out-of-state facility" means a person that is both (i) | ||||||
17 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
18 | the laws of another state
or that
qualifies as a hospital or an | ||||||
19 | ambulatory surgery center under regulations
adopted pursuant | ||||||
20 | to the Social Security Act and (ii) not licensed under the
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21 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
22 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
23 | out-of-state facilities shall be
considered out-of-state | ||||||
24 | facilities. Affiliates of Illinois licensed health
care | ||||||
25 | facilities 100% owned by an Illinois licensed health care | ||||||
26 | facility, its
parent, or Illinois physicians licensed to |
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1 | practice medicine in all its
branches shall not be considered | ||||||
2 | out-of-state facilities. Nothing in
this definition shall be
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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.
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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 | (Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; | ||||||
22 | 93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; 94-342, eff. | ||||||
23 | 7-26-05; revised 8-21-06.)".
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24 | (20 ILCS 3960/14.1)
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25 | (Section scheduled to be repealed on April 1, 2007)
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1 | Sec. 14.1. Denial of permit; other sanctions.
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2 | (a) The State Board may deny an application for a permit or | ||||||
3 | may revoke or
take other action as permitted by this Act with | ||||||
4 | regard to a permit as the State
Board deems appropriate, | ||||||
5 | including the imposition of fines as set forth in this
Section, | ||||||
6 | for any one or a combination of the following:
| ||||||
7 | (1) The acquisition of major medical equipment without | ||||||
8 | a permit or in
violation of the terms of a permit.
| ||||||
9 | (2) The establishment, construction, or modification | ||||||
10 | of a health care
facility without a permit or in violation | ||||||
11 | of the terms of a permit.
| ||||||
12 | (3) The violation of any provision of this Act or any | ||||||
13 | rule adopted
under this Act.
| ||||||
14 | (4) The failure, by any person subject to this Act, to | ||||||
15 | provide information
requested by the State Board or Agency | ||||||
16 | within 30 days after a formal written
request for the | ||||||
17 | information.
| ||||||
18 | (5) The failure to pay any fine imposed under this | ||||||
19 | Section within 30 days
of its imposition.
| ||||||
20 | (b) Persons shall be subject to fines as follows:
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21 | (1) A permit holder who fails to comply with the | ||||||
22 | requirements of
maintaining a valid permit shall be fined | ||||||
23 | an amount not to exceed 1% of the
approved permit amount | ||||||
24 | plus an additional 1% of the approved permit amount for
| ||||||
25 | each 30-day period, or fraction thereof, that the violation |
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1 | continues.
| ||||||
2 | (2) A permit holder who alters the scope of an approved | ||||||
3 | project or whose
project costs exceed the allowable permit | ||||||
4 | amount without first obtaining
approval from the State | ||||||
5 | Board shall be fined an amount not to exceed the sum of
(i) | ||||||
6 | the lesser of $25,000 or 2% of the approved permit amount | ||||||
7 | and (ii) in those
cases where the approved permit amount is | ||||||
8 | exceeded by more than $1,000,000, an
additional $20,000 for | ||||||
9 | each $1,000,000, or fraction thereof, in excess of the
| ||||||
10 | approved permit amount.
| ||||||
11 | (3) A person who acquires major medical equipment or | ||||||
12 | who establishes a
category of service without first | ||||||
13 | obtaining a permit or exemption, as the case
may be, shall | ||||||
14 | be fined an amount not to exceed $10,000 for each such
| ||||||
15 | acquisition or category of service established plus an | ||||||
16 | additional $10,000 for
each 30-day period, or fraction | ||||||
17 | thereof, that the violation continues.
| ||||||
18 | (4) A person who constructs, modifies, or establishes a | ||||||
19 | health care
facility without first obtaining a permit shall | ||||||
20 | be fined an amount not to
exceed $25,000 plus an additional | ||||||
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 or | ||||||
24 | a category of
service without first obtaining a permit | ||||||
25 | shall be fined an amount not to exceed
$10,000 plus an | ||||||
26 | additional $10,000 for each 30-day period, or fraction |
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| |||||||
1 | thereof,
that the violation continues. For purposes of this | ||||||
2 | subparagraph 5, facilities licensed under the Nursing Home | ||||||
3 | Care Act are exempt from this permit requirement. However, | ||||||
4 | facilities licensed under the Nursing Home Care Act must | ||||||
5 | comply with Section 3-423 of that Act (210 ILCS 45/3-423) | ||||||
6 | and must provide the Board with 30 days' written notice of | ||||||
7 | its intent to close.
| ||||||
8 | (6) A person subject to this Act who fails to provide | ||||||
9 | information
requested by the State Board or Agency within | ||||||
10 | 30 days of a formal written
request shall be fined an | ||||||
11 | amount not to exceed $1,000 plus an additional $1,000
for | ||||||
12 | each 30-day period, or fraction thereof, that the | ||||||
13 | information is not
received by the State Board or Agency.
| ||||||
14 | (c) Before imposing any fine authorized under this Section, | ||||||
15 | the State Board
shall afford the person or permit holder, as | ||||||
16 | the case may be, an appearance
before the State Board and an | ||||||
17 | opportunity for a hearing before a hearing
officer appointed by | ||||||
18 | the State Board. The hearing shall be conducted in
accordance | ||||||
19 | with Section 10.
| ||||||
20 | (d) All fines collected under this Act shall be transmitted | ||||||
21 | to the State
Treasurer, who shall deposit them into the | ||||||
22 | Illinois Health Facilities Planning
Fund.
| ||||||
23 | (Source: P.A. 88-18 .)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law. |