Sen. Bill Brady
Filed: 5/8/2008
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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, by replacing "Sections 15.5 and 19.6" with "Sections 12, | ||||||
4 | 15.5, and 19.6"; and
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5 | on page 1, immediately below line 5, by inserting the | ||||||
6 | following:
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7 | "(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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8 | (Section scheduled to be repealed on August 31, 2008)
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9 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
10 | this Act,
the State Board
shall
exercise the following powers | ||||||
11 | and duties:
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12 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
13 | procedures or reviews which may vary
according to the purpose | ||||||
14 | for which a particular review is being conducted
or the type of | ||||||
15 | project reviewed and which are required to carry out the
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16 | provisions and purposes of this Act.
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1 | (2) Adopt procedures for public
notice and hearing on all | ||||||
2 | proposed rules, regulations, standards,
criteria, and plans | ||||||
3 | required to carry out the provisions of this Act.
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4 | (3) Prescribe criteria for
recognition for areawide health | ||||||
5 | planning organizations, including, but
not limited to, | ||||||
6 | standards for evaluating the scientific bases for
judgments on | ||||||
7 | need and procedure for making these determinations.
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8 | (4) Develop criteria and standards for health care | ||||||
9 | facilities planning,
conduct statewide inventories of health | ||||||
10 | care facilities, maintain an updated
inventory on the | ||||||
11 | Department's web site reflecting the
most recent bed and | ||||||
12 | service
changes and updated need determinations when new census | ||||||
13 | data become available , including data from a special census | ||||||
14 | conducted for a specific municipality,
or new need formulae
are | ||||||
15 | adopted,
and
develop health care facility plans which shall be | ||||||
16 | utilized in the review of
applications for permit under
this | ||||||
17 | Act. Such health facility plans shall be coordinated by the | ||||||
18 | Agency
with the health care facility plans areawide health | ||||||
19 | planning
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 | (Source: P.A. 93-41, eff. 6-27-03; 94-983, eff. 6-30-06 .)".
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