Sen. Bill Brady
Filed: 4/18/2008
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1 | AMENDMENT TO HOUSE BILL 5017
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2 | AMENDMENT NO. ______. Amend House Bill 5017 on page 1, line | ||||||
3 | 5, after "Sections", by inserting "4, 12,"; and
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4 | on page 1, immediately below line 5, by inserting the | ||||||
5 | following:
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6 | "(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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7 | (Section scheduled to be repealed on August 31, 2008)
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8 | Sec. 4. Health Facilities Planning Board; membership; | ||||||
9 | appointment; term;
compensation; quorum. There is created the | ||||||
10 | Health
Facilities Planning Board, which
shall perform the | ||||||
11 | functions described in this
Act.
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12 | The State Board shall consist of 5 voting members. Each | ||||||
13 | member shall have a reasonable knowledge of health planning, | ||||||
14 | health finance, or health care at the time of his or her | ||||||
15 | appointment. No person shall be appointed or continue to serve | ||||||
16 | as a member of the State Board who is, or whose spouse, parent, |
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1 | or child is, a member of the Board of Directors of, has a | ||||||
2 | financial interest in, or has a business relationship with a | ||||||
3 | health care facility. | ||||||
4 | Notwithstanding any provision of this Section to the | ||||||
5 | contrary, the term of
office of each member of the State Board | ||||||
6 | is abolished on the effective date of
this
amendatory Act of | ||||||
7 | the 93rd General Assembly and those members no longer hold | ||||||
8 | office.
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9 | The State Board shall be appointed by the Governor, with | ||||||
10 | the advice
and consent of the Senate. Not more than 3 of the
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11 | appointments shall be of the same political party at the time | ||||||
12 | of the appointment.
No person shall be appointed as a State | ||||||
13 | Board member if that person has
served, after the effective | ||||||
14 | date of Public Act 93-41, 2 3-year terms as a State Board | ||||||
15 | member, except for
ex officio non-voting members.
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16 | The Secretary of Human Services, the Director of Healthcare | ||||||
17 | and Family Services, and
the Director of Public Health, or | ||||||
18 | their designated representatives,
shall serve as ex-officio, | ||||||
19 | non-voting members of the State Board.
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20 | Of those members initially appointed by the Governor under | ||||||
21 | this
amendatory Act of the 93rd General Assembly, 2 shall serve | ||||||
22 | for terms expiring
July 1, 2005, 2 shall serve for terms | ||||||
23 | expiring July 1, 2006, and 1 shall serve
for a term expiring | ||||||
24 | July 1, 2007. Thereafter, each
appointed member shall
hold | ||||||
25 | office for a term of 3 years, provided that any member
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26 | appointed to fill a vacancy
occurring prior to the expiration |
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1 | of the
term for which his or her predecessor was appointed | ||||||
2 | shall be appointed for the
remainder of such term and the term | ||||||
3 | of office of each successor shall
commence on July 1 of the | ||||||
4 | year in which his predecessor's term expires. Each
member | ||||||
5 | appointed after the effective date of this amendatory Act of | ||||||
6 | the 93rd General Assembly shall hold office until his or her | ||||||
7 | successor is appointed and qualified.
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8 | State Board members, while serving on business of the State | ||||||
9 | Board,
shall receive actual and necessary travel and | ||||||
10 | subsistence expenses while
so serving away from their places
of | ||||||
11 | residence.
A member of the State Board who experiences a | ||||||
12 | significant financial hardship
due to the loss of income on | ||||||
13 | days of attendance at meetings or while otherwise
engaged in | ||||||
14 | the business of the State Board may be paid a hardship | ||||||
15 | allowance, as
determined by and subject to the approval of the | ||||||
16 | Governor's Travel Control
Board.
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17 | The Governor shall designate one of the members to serve as | ||||||
18 | Chairman
and shall name , with the advice and consent of the | ||||||
19 | General Assembly, as full-time
Executive Secretary of the State
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20 | Board, a person qualified in health care facility planning and | ||||||
21 | in
administration. The Agency shall provide administrative and | ||||||
22 | staff
support for the State Board. The State Board shall advise | ||||||
23 | the Director
of its budgetary and staff needs and consult with | ||||||
24 | the Director on annual
budget preparation.
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25 | The State Board shall meet at least once each quarter, or | ||||||
26 | as often as
the Chairman of the State Board deems necessary, or |
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1 | upon the request of
a majority of the members.
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2 |
Three members of the State Board shall constitute a | ||||||
3 | quorum.
The affirmative vote of 3 of the members of the State | ||||||
4 | Board shall be
necessary for
any action requiring a vote to be | ||||||
5 | taken by the State
Board. A vacancy in the membership of the | ||||||
6 | State Board shall not impair the
right of a quorum to exercise | ||||||
7 | all the rights and perform all the duties of the
State Board as | ||||||
8 | provided by this Act.
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9 | A State Board member shall disqualify himself or herself | ||||||
10 | from the
consideration of any application for a permit or
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11 | exemption in which the State Board member or the State Board | ||||||
12 | member's spouse,
parent, or child: (i) has
an economic interest | ||||||
13 | in the matter; or (ii) is employed by, serves as a
consultant | ||||||
14 | for, or is a member of the
governing board of the applicant or | ||||||
15 | a party opposing the application.
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16 | (Source: P.A. 95-331, eff. 8-21-07.)
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17 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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18 | (Section scheduled to be repealed on August 31, 2008)
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19 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
20 | this Act,
the State Board
shall
exercise the following powers | ||||||
21 | and duties:
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22 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
23 | procedures or reviews which may vary
according to the purpose | ||||||
24 | for which a particular review is being conducted
or the type of | ||||||
25 | project reviewed and which are required to carry out the
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1 | provisions and purposes of this Act.
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2 | (2) Adopt procedures for public
notice and hearing on all | ||||||
3 | proposed rules, regulations, standards,
criteria, and plans | ||||||
4 | required to carry out the provisions of this Act.
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5 | (3) Prescribe criteria for
recognition for areawide health | ||||||
6 | planning organizations, including, but
not limited to, | ||||||
7 | standards for evaluating the scientific bases for
judgments on | ||||||
8 | need and procedure for making these determinations.
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9 | (4) Develop criteria and standards for health care | ||||||
10 | facilities planning,
conduct statewide inventories of health | ||||||
11 | care facilities, maintain an updated
inventory on the | ||||||
12 | Department's web site reflecting the
most recent bed and | ||||||
13 | service
changes and updated need determinations when new census | ||||||
14 | data become available
or new need formulae
are adopted,
and
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15 | develop health care facility plans which shall be utilized in | ||||||
16 | the review of
applications for permit under
this Act. Such | ||||||
17 | health facility plans shall be coordinated by the Agency
with | ||||||
18 | the health care facility plans areawide health planning
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19 | organizations and with other pertinent State Plans. | ||||||
20 | Inventories pursuant to this Section of skilled or intermediate | ||||||
21 | care facilities licensed under the Nursing Home Care Act or | ||||||
22 | nursing homes licensed under the Hospital Licensing Act shall | ||||||
23 | be conducted on an annual basis no later than July 1 of each | ||||||
24 | year and shall include among the information requested a list | ||||||
25 | of all services provided by a facility to its residents and to | ||||||
26 | the community at large and differentiate between active and |
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1 | inactive beds.
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2 | In developing health care facility plans, the State Board | ||||||
3 | shall consider,
but shall not be limited to, the following:
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4 | (a) The size, composition and growth of the population | ||||||
5 | of the area
to be served;
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6 | (b) The number of existing and planned facilities | ||||||
7 | offering similar
programs;
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8 | (c) The extent of utilization of existing facilities;
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9 | (d) The availability of facilities which may serve as | ||||||
10 | alternatives
or substitutes;
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11 | (e) The availability of personnel necessary to the | ||||||
12 | operation of the
facility;
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13 | (f) Multi-institutional planning and the establishment | ||||||
14 | of
multi-institutional systems where feasible;
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15 | (g) The financial and economic feasibility of proposed | ||||||
16 | construction
or modification; and
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17 | (h) In the case of health care facilities established | ||||||
18 | by a religious
body or denomination, the needs of the | ||||||
19 | members of such religious body or
denomination may be | ||||||
20 | considered to be public need.
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21 | The health care facility plans which are developed and | ||||||
22 | adopted in
accordance with this Section shall form the basis | ||||||
23 | for the plan of the State
to deal most effectively with | ||||||
24 | statewide health needs in regard to health
care facilities.
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25 | (5) Coordinate with other state agencies having | ||||||
26 | responsibilities
affecting health care facilities, including |
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1 | those of licensure and cost
reporting.
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2 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
3 | State
any grants or bequests of money, securities or property | ||||||
4 | for
use by the State Board or recognized areawide health | ||||||
5 | planning
organizations in the administration of this Act; and | ||||||
6 | enter into contracts
consistent with the appropriations for | ||||||
7 | purposes enumerated in this Act.
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8 | (7) The State Board shall prescribe, in
consultation with | ||||||
9 | the recognized
areawide health planning organizations, | ||||||
10 | procedures for review, standards,
and criteria which shall be | ||||||
11 | utilized
to make periodic areawide reviews and determinations | ||||||
12 | of the appropriateness
of any existing health services being | ||||||
13 | rendered by health care facilities
subject to the Act. The | ||||||
14 | State Board shall consider recommendations of the
areawide | ||||||
15 | health planning organization and the Agency in making its
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16 | determinations.
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17 | (8) Prescribe, in consultation
with the recognized | ||||||
18 | areawide health planning organizations, rules, regulations,
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19 | standards, and criteria for the conduct of an expeditious | ||||||
20 | review of
applications
for permits for projects of construction | ||||||
21 | or modification of a health care
facility, which projects are | ||||||
22 | non-substantive in nature. Such rules shall
not abridge the | ||||||
23 | right of areawide health planning organizations to make
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24 | recommendations on the classification and approval of | ||||||
25 | projects, nor shall
such rules prevent the conduct of a public | ||||||
26 | hearing upon the timely request
of an interested party. Such |
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1 | reviews shall not exceed 60 days from the
date the application | ||||||
2 | is declared to be complete by the Agency.
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3 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
4 | pertaining to the granting of permits for
construction
and | ||||||
5 | modifications which are emergent in nature and must be | ||||||
6 | undertaken
immediately to prevent or correct structural | ||||||
7 | deficiencies or hazardous
conditions that may harm or injure | ||||||
8 | persons using the facility, as defined
in the rules and | ||||||
9 | regulations of the State Board. This procedure is exempt
from | ||||||
10 | public hearing requirements of this Act.
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11 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
12 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
13 | days, of applications for permits for projects to
construct or | ||||||
14 | modify health care facilities which are needed for the care
and | ||||||
15 | treatment of persons who have acquired immunodeficiency | ||||||
16 | syndrome (AIDS)
or related conditions.
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17 | (11) Create a 3-member rules revision subcommittee, which | ||||||
18 | shall hold at least 2 rule revision meetings each year. The | ||||||
19 | rules revision meetings must allow all parties to offer rule | ||||||
20 | revision suggestions to the subcommittee. The rules revision | ||||||
21 | subcommittee shall report to the full Board at least annually | ||||||
22 | with any rule change recommendations. | ||||||
23 | (12) At least one Board member must be present at any | ||||||
24 | public hearing during which public testimony is given in | ||||||
25 | support of or in opposition to a certificate of need or a | ||||||
26 | certificate of exemption. |
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1 | (Source: P.A. 93-41, eff. 6-27-03; 94-983, eff. 6-30-06 .)".
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