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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, 5.3, 5.4, 6.2, 8.5, 10, 11, 12, | ||||||||||||||||||||||||
6 | 12.2, 12.5, 13, and 15 as follows:
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7 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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8 | (Section scheduled to be repealed on December 31, 2019) | ||||||||||||||||||||||||
9 | Sec. 3. Definitions. As used in this Act:
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10 | "Health care facilities" means and includes
the following | ||||||||||||||||||||||||
11 | facilities, organizations, and related persons:
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12 | (1) 1. An ambulatory surgical treatment center | ||||||||||||||||||||||||
13 | required to be licensed
pursuant to the Ambulatory Surgical | ||||||||||||||||||||||||
14 | Treatment Center Act . ;
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15 | (2) 2. An institution, place, building, or agency | ||||||||||||||||||||||||
16 | required to be licensed
pursuant to the Hospital Licensing | ||||||||||||||||||||||||
17 | Act . ;
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18 | (3) 3. Skilled and intermediate long term care | ||||||||||||||||||||||||
19 | facilities licensed under the
Nursing
Home Care Act . | ||||||||||||||||||||||||
20 | (A) If a demonstration project under the Nursing | ||||||||||||||||||||||||
21 | Home Care Act applies for a certificate of need to | ||||||||||||||||||||||||
22 | convert to a nursing facility, it shall meet the | ||||||||||||||||||||||||
23 | licensure and certificate of need requirements in |
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| |||||||
1 | effect as of the date of application. | ||||||
2 | (B) Except as provided in item (A) of this | ||||||
3 | subsection, this Act does not apply to facilities | ||||||
4 | granted waivers under Section 3-102.2 of the Nursing | ||||||
5 | Home Care Act. ;
| ||||||
6 | (3.5) 3.5. Skilled and intermediate care facilities | ||||||
7 | licensed under the ID/DD Community Care Act . ; | ||||||
8 | (A) No permit or exemption is required for a | ||||||
9 | facility licensed under the ID/DD Community Care Act | ||||||
10 | prior to the reduction of the number of beds at a | ||||||
11 | facility. If there is a total reduction of beds at a | ||||||
12 | facility licensed under the ID/DD Community Care Act, | ||||||
13 | this is a discontinuation or closure of the facility. | ||||||
14 | If a facility licensed under the ID/DD Community Care | ||||||
15 | Act reduces the number of beds or discontinues the | ||||||
16 | facility, that facility must notify the Board as | ||||||
17 | provided in Section 14.1 of this Act. | ||||||
18 | (3.7) 3.7. Facilities licensed under the Specialized | ||||||
19 | Mental Health Rehabilitation Act . ; | ||||||
20 | (4) 4. Hospitals, nursing homes, ambulatory surgical | ||||||
21 | treatment centers, or
kidney disease treatment centers
| ||||||
22 | maintained by the State or any department or agency | ||||||
23 | thereof . ;
| ||||||
24 | (5) 5. Kidney disease treatment centers, including a | ||||||
25 | free-standing
hemodialysis unit required to be licensed | ||||||
26 | under the End Stage Renal Disease Facility Act . ;
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1 | (A) This Act does not apply to a dialysis facility | ||||||
2 | that provides only dialysis training, support, and | ||||||
3 | related services to individuals with end stage renal | ||||||
4 | disease who have elected to receive home dialysis. | ||||||
5 | (B) This Act does not apply to a dialysis unit | ||||||
6 | located in a licensed nursing home that offers or | ||||||
7 | provides dialysis-related services to residents with | ||||||
8 | end stage renal disease who have elected to receive | ||||||
9 | home dialysis within the nursing home. | ||||||
10 | (C) The Board, however, may require dialysis | ||||||
11 | facilities and licensed nursing homes under items (A) | ||||||
12 | and (B) of this subsection to report statistical | ||||||
13 | information on a quarterly basis to the Board to be | ||||||
14 | used by the Board to conduct analyses on the need for | ||||||
15 | proposed kidney disease treatment centers. | ||||||
16 | (6) 6. An institution, place, building, or room used | ||||||
17 | for the performance of
outpatient surgical procedures that | ||||||
18 | is leased, owned, or operated by or on
behalf of an | ||||||
19 | out-of-state facility . ;
| ||||||
20 | (7) 7. An institution, place, building, or room used | ||||||
21 | for provision of a health care category of service, | ||||||
22 | including, but not limited to, cardiac catheterization and | ||||||
23 | open heart surgery . ; and | ||||||
24 | (8) 8. An institution, place, building, or room housing | ||||||
25 | used for provision of major medical equipment used in the | ||||||
26 | direct clinical diagnosis or treatment of patients, and |
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| |||||||
1 | whose project cost is in excess of the capital expenditure | ||||||
2 | minimum. | ||||||
3 | "Health care facilities" does not include the following | ||||||
4 | entities or facility transactions: | ||||||
5 | (1) Federally-owned facilities. | ||||||
6 | (2) Facilities used solely for healing by prayer or | ||||||
7 | spiritual means. | ||||||
8 | (3) An existing facility located on any campus facility | ||||||
9 | as defined in Section 5-5.8b of the Illinois Public Aid | ||||||
10 | Code, provided that the campus facility encompasses 30 or | ||||||
11 | more contiguous acres and that the new or renovated | ||||||
12 | facility is intended for use by a licensed residential | ||||||
13 | facility. | ||||||
14 | (4) Facilities licensed under the Supportive | ||||||
15 | Residences Licensing Act or the Assisted Living and Shared | ||||||
16 | Housing Act. | ||||||
17 | (5) Facilities designated as supportive living | ||||||
18 | facilities that are in good standing with the program | ||||||
19 | established under Section 5-5.01a of the Illinois Public | ||||||
20 | Aid Code. | ||||||
21 | (6) Facilities established and operating under the | ||||||
22 | Alternative Health Care Delivery Act as a children's | ||||||
23 | respite care center alternative health care model | ||||||
24 | demonstration program or as an Alzheimer's Disease | ||||||
25 | Management Center alternative health care model | ||||||
26 | demonstration program. |
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1 | (7) The closure of an entity or a portion of an entity | ||||||
2 | licensed under the Nursing Home Care Act, the Specialized | ||||||
3 | Mental Health Rehabilitation Act, or the ID/DD Community | ||||||
4 | Care Act, with the exception of facilities operated by a | ||||||
5 | county or Illinois Veterans Homes, that elect to convert, | ||||||
6 | in whole or in part, to an assisted living or shared | ||||||
7 | housing establishment licensed under the Assisted Living | ||||||
8 | and Shared Housing Act. | ||||||
9 | (8) Any change of ownership of a healthcare facility | ||||||
10 | that is licensed under the Nursing Home Care Act, the | ||||||
11 | Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
12 | Community Care Act, with the exception of facilities | ||||||
13 | operated by a county or Illinois Veterans Homes. Changes of | ||||||
14 | ownership of facilities licensed under the Nursing Home | ||||||
15 | Care Act must meet the requirements set forth in Sections | ||||||
16 | 3-101 through 3-119 of the Nursing Home Care Act. | ||||||
17 | This Act shall not apply to the construction of any new | ||||||
18 | facility or the renovation of any existing facility located on | ||||||
19 | any campus facility as defined in Section 5-5.8b of the | ||||||
20 | Illinois Public Aid Code, provided that the campus facility | ||||||
21 | encompasses 30 or more contiguous acres and that the new or | ||||||
22 | renovated facility is intended for use by a licensed | ||||||
23 | residential facility. | ||||||
24 | No federally owned facility shall be subject to the | ||||||
25 | provisions of this
Act, nor facilities used solely for healing | ||||||
26 | by prayer or spiritual means.
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1 | No facility licensed under the Supportive Residences | ||||||
2 | Licensing Act or the
Assisted Living and Shared Housing Act
| ||||||
3 | shall be subject to the provisions of this Act.
| ||||||
4 | No facility established and operating under the | ||||||
5 | Alternative Health Care Delivery Act as a children's respite | ||||||
6 | care center alternative health care model demonstration | ||||||
7 | program or as an Alzheimer's Disease Management Center | ||||||
8 | alternative health care model demonstration program shall be | ||||||
9 | subject to the provisions of this Act. | ||||||
10 | A facility designated as a supportive living facility that | ||||||
11 | is in good
standing with the program
established under Section | ||||||
12 | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | ||||||
13 | the provisions of this
Act.
| ||||||
14 | This Act does not apply to facilities granted waivers under | ||||||
15 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
16 | demonstration project under that
Act applies for a certificate
| ||||||
17 | of need to convert to a nursing facility, it shall meet the | ||||||
18 | licensure and
certificate of need requirements in effect as of | ||||||
19 | the date of application. | ||||||
20 | This Act does not apply to a dialysis facility that | ||||||
21 | provides only dialysis training, support, and related services | ||||||
22 | to individuals with end stage renal disease who have elected to | ||||||
23 | receive home dialysis. This Act does not apply to a dialysis | ||||||
24 | unit located in a licensed nursing home that offers or provides | ||||||
25 | dialysis-related services to residents with end stage renal | ||||||
26 | disease who have elected to receive home dialysis within the |
| |||||||
| |||||||
1 | nursing home. The Board, however, may require these dialysis | ||||||
2 | facilities and licensed nursing homes to report statistical | ||||||
3 | information on a quarterly basis to the Board to be used by the | ||||||
4 | Board to conduct analyses on the need for proposed kidney | ||||||
5 | disease treatment centers.
| ||||||
6 | This Act shall not apply to the closure of an entity or a | ||||||
7 | portion of an
entity licensed under the Nursing Home Care Act, | ||||||
8 | the Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
9 | Community Care Act, with the exceptions of facilities operated | ||||||
10 | by a county or Illinois Veterans Homes, that elects to convert, | ||||||
11 | in
whole or in part, to an assisted living or shared housing | ||||||
12 | establishment
licensed under the Assisted Living and Shared | ||||||
13 | Housing Act.
| ||||||
14 | This Act does not apply to any change of ownership of a | ||||||
15 | healthcare facility that is licensed under the Nursing Home | ||||||
16 | Care Act, the Specialized Mental Health Rehabilitation Act, or | ||||||
17 | the ID/DD Community Care Act, with the exceptions of facilities | ||||||
18 | operated by a county or Illinois Veterans Homes. Changes of | ||||||
19 | ownership of facilities licensed under the Nursing Home Care | ||||||
20 | Act must meet the requirements set forth in Sections 3-101 | ||||||
21 | through 3-119 of the Nursing Home Care Act.
| ||||||
22 | With the exception of those health care facilities | ||||||
23 | specifically
included in this Section, nothing in this Act | ||||||
24 | shall be intended to
include facilities operated as a part of | ||||||
25 | the practice of a physician or
other licensed health care | ||||||
26 | professional, whether practicing in his
individual capacity or |
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1 | within the legal structure of any partnership,
medical or | ||||||
2 | professional corporation, or unincorporated medical or
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3 | professional group. Further, this Act shall not apply to | ||||||
4 | physicians or
other licensed health care professional's | ||||||
5 | practices where such practices
are carried out in a portion of | ||||||
6 | a health care facility under contract
with such health care | ||||||
7 | facility by a physician or by other licensed
health care | ||||||
8 | professionals, whether practicing in his individual capacity
| ||||||
9 | or within the legal structure of any partnership, medical or
| ||||||
10 | professional corporation, or unincorporated medical or | ||||||
11 | professional
groups, unless the entity constructs, modifies, | ||||||
12 | or establishes a health care facility as specifically defined | ||||||
13 | in this Section. This Act shall apply to construction or
| ||||||
14 | modification and to establishment by such health care facility | ||||||
15 | of such
contracted portion which is subject to facility | ||||||
16 | licensing requirements,
irrespective of the party responsible | ||||||
17 | for such action or attendant
financial obligation. | ||||||
18 | No permit or exemption is required for a facility licensed | ||||||
19 | under the ID/DD Community Care Act prior to the reduction of | ||||||
20 | the number of beds at a facility. If there is a total reduction | ||||||
21 | of beds at a facility licensed under the ID/DD Community Care | ||||||
22 | Act, this is a discontinuation or closure of the facility. | ||||||
23 | However, if a facility licensed under the ID/DD Community Care | ||||||
24 | Act reduces the number of beds or discontinues the facility, | ||||||
25 | that facility must notify the Board as provided in Section 14.1 | ||||||
26 | of this Act.
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1 | "Person" means any one or more natural persons, legal | ||||||
2 | entities,
governmental bodies other than federal, or any | ||||||
3 | combination thereof.
| ||||||
4 | "Consumer" means any person other than a person (a) whose | ||||||
5 | major
occupation currently involves or whose official capacity | ||||||
6 | within the last
12 months has involved the providing, | ||||||
7 | administering or financing of any
type of health care facility, | ||||||
8 | (b) who is engaged in health research or
the teaching of | ||||||
9 | health, (c) who has a material financial interest in any
| ||||||
10 | activity which involves the providing, administering or | ||||||
11 | financing of any
type of health care facility, or (d) who is or | ||||||
12 | ever has been a member of
the immediate family of the person | ||||||
13 | defined by (a), (b), or (c).
| ||||||
14 | "State Board" or "Board" means the Health Facilities and | ||||||
15 | Services Review Board.
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16 | "Construction or modification" means the establishment, | ||||||
17 | erection,
building, alteration, reconstruction, modernization, | ||||||
18 | improvement,
extension, discontinuation, change of ownership, | ||||||
19 | of or by a health care
facility, or the purchase or acquisition | ||||||
20 | by or through a health care facility
of
equipment or service | ||||||
21 | for diagnostic or therapeutic purposes or for
facility | ||||||
22 | administration or operation, or any capital expenditure made by
| ||||||
23 | or on behalf of a health care facility which
exceeds the | ||||||
24 | capital expenditure minimum; however, any capital expenditure
| ||||||
25 | made by or on behalf of a health care facility for (i) the | ||||||
26 | construction or
modification of a facility licensed under the |
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| |||||||
1 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
2 | project undertaken in accordance with Section 30 of the Older | ||||||
3 | Adult Services Act shall be excluded from any obligations under | ||||||
4 | this Act.
| ||||||
5 | "Establish" means the construction of a health care | ||||||
6 | facility or the
replacement of an existing facility on another | ||||||
7 | site or the initiation of a category of service.
| ||||||
8 | "Major medical equipment" means medical equipment which is | ||||||
9 | used for the
provision of medical and other health services and | ||||||
10 | which costs in excess
of the capital expenditure minimum, | ||||||
11 | except that such term does not include
medical equipment | ||||||
12 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
13 | clinical laboratory
services if the clinical laboratory is | ||||||
14 | independent of a physician's office
and a hospital and it has | ||||||
15 | been determined under Title XVIII of the Social
Security Act to | ||||||
16 | meet the requirements of paragraphs (10) and (11) of Section
| ||||||
17 | 1861(s) of such Act. In determining whether medical equipment | ||||||
18 | has a value
in excess of the capital expenditure minimum, the | ||||||
19 | value of studies, surveys,
designs, plans, working drawings, | ||||||
20 | specifications, and other activities
essential to the | ||||||
21 | acquisition of such equipment shall be included.
| ||||||
22 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
23 | on behalf of
a health care facility (as such a facility is | ||||||
24 | defined in this Act); and
(B) which under generally accepted | ||||||
25 | accounting principles is not properly
chargeable as an expense | ||||||
26 | of operation and maintenance, or is made to obtain
by lease or |
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1 | comparable arrangement any facility or part thereof or any
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2 | equipment for a facility or part; and which exceeds the capital | ||||||
3 | expenditure
minimum.
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4 | For the purpose of this paragraph, the cost of any studies, | ||||||
5 | surveys, designs,
plans, working drawings, specifications, and | ||||||
6 | other activities essential
to the acquisition, improvement, | ||||||
7 | expansion, or replacement of any plant
or equipment with | ||||||
8 | respect to which an expenditure is made shall be included
in | ||||||
9 | determining if such expenditure exceeds the capital | ||||||
10 | expenditures minimum.
Unless otherwise interdependent, or | ||||||
11 | submitted as one project by the applicant, components of | ||||||
12 | construction or modification undertaken by means of a single | ||||||
13 | construction contract or financed through the issuance of a | ||||||
14 | single debt instrument shall not be grouped together as one | ||||||
15 | project. Donations of equipment
or facilities to a health care | ||||||
16 | facility which if acquired directly by such
facility would be | ||||||
17 | subject to review under this Act shall be considered capital
| ||||||
18 | expenditures, and a transfer of equipment or facilities for | ||||||
19 | less than fair
market value shall be considered a capital | ||||||
20 | expenditure for purposes of this
Act if a transfer of the | ||||||
21 | equipment or facilities at fair market value would
be subject | ||||||
22 | to review.
| ||||||
23 | "Capital expenditure minimum" means $11,500,000 for | ||||||
24 | projects by hospital applicants, $6,500,000 for applicants for | ||||||
25 | projects related to skilled and intermediate care long-term | ||||||
26 | care facilities licensed under the Nursing Home Care Act, and |
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| |||||||
1 | $3,000,000 for projects by all other applicants, which shall be | ||||||
2 | annually
adjusted to reflect the increase in construction costs | ||||||
3 | due to inflation, for major medical equipment and for all other
| ||||||
4 | capital expenditures.
| ||||||
5 | "Non-clinical service area" means an area (i) for the | ||||||
6 | benefit of the
patients, visitors, staff, or employees of a | ||||||
7 | health care facility and (ii) not
directly related to the | ||||||
8 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
9 | services from the health care facility. "Non-clinical service | ||||||
10 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
11 | news stands; computer
systems; tunnels, walkways, and | ||||||
12 | elevators; telephone systems; projects to
comply with life | ||||||
13 | safety codes; educational facilities; student housing;
| ||||||
14 | patient, employee, staff, and visitor dining areas; | ||||||
15 | administration and
volunteer offices; modernization of | ||||||
16 | structural components (such as roof
replacement and masonry | ||||||
17 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
18 | storage facilities; parking facilities; mechanical systems for
| ||||||
19 | heating, ventilation, and air conditioning; loading docks; and | ||||||
20 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
21 | window coverings or treatments,
or furniture. Solely for the | ||||||
22 | purpose of this definition, "non-clinical service
area" does | ||||||
23 | not include health and fitness centers.
| ||||||
24 | "Areawide" means a major area of the State delineated on a
| ||||||
25 | geographic, demographic, and functional basis for health | ||||||
26 | planning and
for health service and having within it one or |
| |||||||
| |||||||
1 | more local areas for
health planning and health service. The | ||||||
2 | term "region", as contrasted
with the term "subregion", and the | ||||||
3 | word "area" may be used synonymously
with the term "areawide".
| ||||||
4 | "Local" means a subarea of a delineated major area that on | ||||||
5 | a
geographic, demographic, and functional basis may be | ||||||
6 | considered to be
part of such major area. The term "subregion" | ||||||
7 | may be used synonymously
with the term "local".
| ||||||
8 | "Physician" means a person licensed to practice in | ||||||
9 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
10 | "Licensed health care professional" means a person | ||||||
11 | licensed to
practice a health profession under pertinent | ||||||
12 | licensing statutes of the
State of Illinois.
| ||||||
13 | "Director" means the Director of the Illinois Department of | ||||||
14 | Public Health.
| ||||||
15 | "Agency" means the Illinois Department of Public Health.
| ||||||
16 | "Alternative health care model" means a facility or program | ||||||
17 | authorized
under the Alternative Health Care Delivery Act.
| ||||||
18 | "Out-of-state facility" means a person that is both (i) | ||||||
19 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
20 | the laws of another state
or that
qualifies as a hospital or an | ||||||
21 | ambulatory surgery center under regulations
adopted pursuant | ||||||
22 | to the Social Security Act and (ii) not licensed under the
| ||||||
23 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
24 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
25 | out-of-state facilities shall be
considered out-of-state | ||||||
26 | facilities. Affiliates of Illinois licensed health
care |
| |||||||
| |||||||
1 | facilities 100% owned by an Illinois licensed health care | ||||||
2 | facility, its
parent, or Illinois physicians licensed to | ||||||
3 | practice medicine in all its
branches shall not be considered | ||||||
4 | out-of-state facilities. Nothing in
this definition shall be
| ||||||
5 | construed to include an office or any part of an office of a | ||||||
6 | physician licensed
to practice medicine in all its branches in | ||||||
7 | Illinois that is not required to be
licensed under the | ||||||
8 | Ambulatory Surgical Treatment Center Act.
| ||||||
9 | "Change of ownership of a health care facility" means a | ||||||
10 | change in the
person
who has ownership or
control of a health | ||||||
11 | care facility's physical plant and capital assets. A change
in | ||||||
12 | ownership is indicated by
the following transactions: sale, | ||||||
13 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
14 | means of
transferring control.
| ||||||
15 | "Related person" means any person that: (i) is at least 50% | ||||||
16 | owned, directly
or indirectly, by
either the health care | ||||||
17 | facility or a person owning, directly or indirectly, at
least | ||||||
18 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
19 | indirectly, at least 50% of the
health care facility.
| ||||||
20 | "Charity care" means care provided by a health care | ||||||
21 | facility for which the provider does not expect to receive | ||||||
22 | payment from the patient or a third-party payer. | ||||||
23 | "Freestanding emergency center" means a facility subject | ||||||
24 | to licensure under Section 32.5 of the Emergency Medical | ||||||
25 | Services (EMS) Systems Act. | ||||||
26 | "Category of service" means a grouping by generic class of |
| |||||||
| |||||||
1 | various types or levels of support functions, equipment, care, | ||||||
2 | or treatment provided to patients or residents, including, but | ||||||
3 | not limited to, classes such as medical-surgical, pediatrics, | ||||||
4 | or cardiac catheterization. A category of service may include | ||||||
5 | subcategories or levels of care that identify a particular | ||||||
6 | degree or type of care within the category of service. Nothing | ||||||
7 | in this definition shall be construed to include the practice | ||||||
8 | of a physician or other licensed health care professional while | ||||||
9 | functioning in an office providing for the care, diagnosis, or | ||||||
10 | treatment of patients. A category of service that is subject to | ||||||
11 | the Board's jurisdiction must be designated in rules adopted by | ||||||
12 | the Board. | ||||||
13 | "State Board Staff Report" means the document that sets | ||||||
14 | forth the review and findings of the State Board staff, as | ||||||
15 | prescribed by the State Board, regarding applications subject | ||||||
16 | to Board jurisdiction. | ||||||
17 | (Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813, | ||||||
18 | eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14.)
| ||||||
19 | (20 ILCS 3960/5.3)
| ||||||
20 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
21 | Sec. 5.3. Annual report of capital expenditures. In | ||||||
22 | addition to the
State Board's
authority to require reports,
the | ||||||
23 | State Board shall require each health care facility to
submit | ||||||
24 | an annual report of all capital expenditures in excess of | ||||||
25 | $200,000
(which shall be annually adjusted to reflect the |
| |||||||
| |||||||
1 | increase in construction costs
due to inflation) made by the | ||||||
2 | health care facility during the most recent year.
This annual | ||||||
3 | report shall consist of a brief description of the capital
| ||||||
4 | expenditure, the amount and method of financing the capital | ||||||
5 | expenditure,
the certificate of need project number if the | ||||||
6 | project was reviewed, and the
total amount of capital | ||||||
7 | expenditures obligated for the year.
Data collected from health | ||||||
8 | care facilities pursuant to this Section shall
not duplicate or | ||||||
9 | overlap other
data collected by the Department and must be | ||||||
10 | collected as part of the State Board's
Department's Annual
| ||||||
11 | Questionnaires or supplements for health care facilities that | ||||||
12 | report these
data.
| ||||||
13 | (Source: P.A. 93-41, eff. 6-27-03 .)
| ||||||
14 | (20 ILCS 3960/5.4) | ||||||
15 | (Section scheduled to be repealed on December 31, 2019) | ||||||
16 | Sec. 5.4. Safety Net Impact Statement. | ||||||
17 | (a) General review criteria shall include a requirement | ||||||
18 | that all health care facilities, with the exception of skilled | ||||||
19 | and intermediate long-term care facilities licensed under the | ||||||
20 | Nursing Home Care Act, provide a Safety Net Impact Statement, | ||||||
21 | which shall be filed with an application for a substantive | ||||||
22 | project or when the application proposes to discontinue a | ||||||
23 | category of service. | ||||||
24 | (b) For the purposes of this Section, "safety net services" | ||||||
25 | are services provided by health care providers or organizations |
| |||||||
| |||||||
1 | that deliver health care services to persons with barriers to | ||||||
2 | mainstream health care due to lack of insurance, inability to | ||||||
3 | pay, special needs, ethnic or cultural characteristics, or | ||||||
4 | geographic isolation. Safety net service providers include, | ||||||
5 | but are not limited to, hospitals and private practice | ||||||
6 | physicians that provide charity care, school-based health | ||||||
7 | centers, migrant health clinics, rural health clinics, | ||||||
8 | federally qualified health centers, community health centers, | ||||||
9 | public health departments, and community mental health | ||||||
10 | centers. | ||||||
11 | (c) As developed by the applicant, a Safety Net Impact | ||||||
12 | Statement shall describe all of the following: | ||||||
13 | (1) The project's material impact, if any, on essential | ||||||
14 | safety net services in the community, to the extent that it | ||||||
15 | is feasible for an applicant to have such knowledge. | ||||||
16 | (2) The project's impact on the ability of another | ||||||
17 | provider or health care system to cross-subsidize safety | ||||||
18 | net services, if reasonably known to the applicant. | ||||||
19 | (3) How the discontinuation of a facility or service | ||||||
20 | might impact the remaining safety net providers in a given | ||||||
21 | community, if reasonably known by the applicant. | ||||||
22 | (d) Safety Net Impact Statements shall also include all of | ||||||
23 | the following: | ||||||
24 | (1) For the 3 fiscal years prior to the application, a | ||||||
25 | certification describing the amount of charity care | ||||||
26 | provided by the applicant. The amount calculated by |
| |||||||
| |||||||
1 | hospital applicants shall be in accordance with the | ||||||
2 | reporting requirements for charity care reporting in the | ||||||
3 | Illinois Community Benefits Act. Non-hospital applicants | ||||||
4 | shall report charity care, at cost, in accordance with an | ||||||
5 | appropriate methodology specified by the Board. | ||||||
6 | (2) For the 3 fiscal years prior to the application, a | ||||||
7 | certification of the amount of care provided to Medicaid | ||||||
8 | patients. Hospital and non-hospital applicants shall | ||||||
9 | provide Medicaid information in a manner consistent with | ||||||
10 | the information reported each year to the State Board | ||||||
11 | Illinois Department of Public Health regarding "Inpatients | ||||||
12 | and Outpatients Served by Payor Source" and "Inpatient and | ||||||
13 | Outpatient Net Revenue by Payor Source" as required by the | ||||||
14 | Board under Section 13 of this Act and published in the | ||||||
15 | Annual Hospital Profile. | ||||||
16 | (3) Any information the applicant believes is directly | ||||||
17 | relevant to safety net services, including information | ||||||
18 | regarding teaching, research, and any other service. | ||||||
19 | (e) The Board staff shall publish a notice, that an | ||||||
20 | application accompanied by a Safety Net Impact Statement has | ||||||
21 | been filed, in a newspaper having general circulation within | ||||||
22 | the area affected by the application. If no newspaper has a | ||||||
23 | general circulation within the county, the Board shall post the | ||||||
24 | notice in 5 conspicuous places within the proposed area. | ||||||
25 | (f) Any person, community organization, provider, or | ||||||
26 | health system or other entity wishing to comment upon or oppose |
| |||||||
| |||||||
1 | the application may file a Safety Net Impact Statement Response | ||||||
2 | with the Board, which shall provide additional information | ||||||
3 | concerning a project's impact on safety net services in the | ||||||
4 | community. | ||||||
5 | (g) Applicants shall be provided an opportunity to submit a | ||||||
6 | reply to any Safety Net Impact Statement Response. | ||||||
7 | (h) The Board staff report shall include a statement as to | ||||||
8 | whether a Safety Net Impact Statement was filed by the | ||||||
9 | applicant and whether it included information on charity care, | ||||||
10 | the amount of care provided to Medicaid patients, and | ||||||
11 | information on teaching, research, or any other service | ||||||
12 | provided by the applicant directly relevant to safety net | ||||||
13 | services. The report shall also indicate the names of the | ||||||
14 | parties submitting responses and the number of responses and | ||||||
15 | replies, if any, that were filed.
| ||||||
16 | (Source: P.A. 96-31, eff. 6-30-09.) | ||||||
17 | (20 ILCS 3960/6.2) | ||||||
18 | (Section scheduled to be repealed on December 31, 2019) | ||||||
19 | Sec. 6.2. Review of permits ; State Board Staff Reports . | ||||||
20 | Upon receipt of an application for a permit to establish,
| ||||||
21 | construct, or modify a health care facility, the State Board | ||||||
22 | staff
shall notify the applicant in writing within 10
working | ||||||
23 | days either that the application is or is not complete. If the
| ||||||
24 | application is complete, the State Board staff shall
notify the | ||||||
25 | applicant of the beginning of the review process. If the |
| |||||||
| |||||||
1 | application is not complete, the Board staff shall explain | ||||||
2 | within the 10-day period why the application is incomplete. | ||||||
3 | The State Board staff shall afford a reasonable amount of | ||||||
4 | time as
established by the State Board, but not to exceed 120 | ||||||
5 | days,
for the review of the application. The 120-day period
| ||||||
6 | begins on the day the application is found to be
substantially | ||||||
7 | complete, as that term is defined by the State
Board. During | ||||||
8 | the 120-day period, the applicant may request
an extension. An | ||||||
9 | applicant may modify the application at any
time before a final | ||||||
10 | administrative decision has been made on the
application.
| ||||||
11 | The State Board shall prescribe and provide the forms upon
| ||||||
12 | which the review and findings of the State Board Staff Report | ||||||
13 | staff shall be
made. The State Board staff shall submit its | ||||||
14 | State Board Staff Report review and findings
to the State Board | ||||||
15 | for its decision-making regarding approval or denial of the | ||||||
16 | permit. | ||||||
17 | When an application for a permit is initially reviewed by
| ||||||
18 | State Board staff, as provided in this Section, the State Board | ||||||
19 | shall, upon request by the applicant or an interested person, | ||||||
20 | afford an opportunity for a public hearing within a reasonable | ||||||
21 | amount of time
after receipt of the complete application, but | ||||||
22 | not to exceed
90 days after receipt of the complete | ||||||
23 | application. Notice of the hearing shall be made promptly, not | ||||||
24 | less than 10 days before the hearing, by
certified mail to the | ||||||
25 | applicant and, not less than 10 days before the
hearing, by | ||||||
26 | publication in a newspaper of general circulation
in the area |
| |||||||
| |||||||
1 | or community to be affected. The hearing shall
be held in the | ||||||
2 | area or community in which the proposed
project is to be | ||||||
3 | located and shall be for the purpose of allowing
the applicant | ||||||
4 | and any interested person to present public
testimony | ||||||
5 | concerning the approval, denial, renewal, or
revocation of the | ||||||
6 | permit. All interested persons attending
the hearing shall be | ||||||
7 | given a reasonable opportunity to present
their views or | ||||||
8 | arguments in writing or orally, and a record
of all of the | ||||||
9 | testimony shall accompany any findings of the State
Board | ||||||
10 | staff. The State Board shall adopt reasonable rules and | ||||||
11 | regulations
governing the procedure and conduct of the | ||||||
12 | hearings.
| ||||||
13 | (Source: P.A. 97-1115, eff. 8-27-12.) | ||||||
14 | (20 ILCS 3960/8.5) | ||||||
15 | (Section scheduled to be repealed on December 31, 2019) | ||||||
16 | Sec. 8.5. Certificate of exemption for change of ownership | ||||||
17 | of a health care facility; public notice and public hearing. | ||||||
18 | (a) Upon a finding by the Department of Public Health that | ||||||
19 | an application for a change of ownership is complete, the State | ||||||
20 | Board Department of Public Health shall publish a legal notice | ||||||
21 | on 3 consecutive days in a newspaper of general circulation in | ||||||
22 | the area or community to be affected and afford the public an | ||||||
23 | opportunity to request a hearing. If the application is for a | ||||||
24 | facility located in a Metropolitan Statistical Area, an | ||||||
25 | additional legal notice shall be published in a newspaper of |
| |||||||
| |||||||
1 | limited circulation, if one exists, in the area in which the | ||||||
2 | facility is located. If the newspaper of limited circulation is | ||||||
3 | published on a daily basis, the additional legal notice shall | ||||||
4 | be published on 3 consecutive days. The legal notice shall also | ||||||
5 | be posted on the Health Facilities and Services Review Board's | ||||||
6 | web site and sent to the State Representative and State Senator | ||||||
7 | of the district in which the health care facility is located. | ||||||
8 | An The Department of Public Health shall not find that an | ||||||
9 | application for change of ownership of a hospital shall not be | ||||||
10 | deemed is complete without a signed certification that for a | ||||||
11 | period of 2 years after the change of ownership transaction is | ||||||
12 | effective, the hospital will not adopt a charity care policy | ||||||
13 | that is
more restrictive than the policy in effect during the | ||||||
14 | year prior to the transaction. | ||||||
15 | For the purposes of this subsection, "newspaper of limited | ||||||
16 | circulation" means a newspaper intended to serve a particular | ||||||
17 | or defined population of a specific geographic area within a | ||||||
18 | Metropolitan Statistical Area such as a municipality, town, | ||||||
19 | village, township, or community area, but does not include | ||||||
20 | publications of professional and trade associations.
| ||||||
21 | (b) If a public hearing is requested, it shall be held at | ||||||
22 | least 15 days but no more than 30 days after the date of | ||||||
23 | publication of the legal notice in the community in which the | ||||||
24 | facility is located. The hearing shall be held in a place of | ||||||
25 | reasonable size and accessibility and a full and complete | ||||||
26 | written transcript of the proceedings shall be made. The |
| |||||||
| |||||||
1 | applicant shall provide a summary of the proposed change of | ||||||
2 | ownership for distribution at the public hearing.
| ||||||
3 | (Source: P.A. 96-31, eff. 6-30-09.)
| ||||||
4 | (20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
| ||||||
5 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
6 | Sec. 10. Presenting information relevant to the approval of | ||||||
7 | a permit or
certificate or in opposition to the denial of the | ||||||
8 | application; notice of
outcome and review proceedings. When a | ||||||
9 | motion by the State Board, to approve
an application for
a | ||||||
10 | permit or a certificate of recognition, fails to pass,
or when | ||||||
11 | a motion to deny an application for a permit
or
a certificate | ||||||
12 | of recognition is passed, the applicant or the holder
of the
| ||||||
13 | permit, as the case may be, and such other parties as the State | ||||||
14 | Board permits,
will be given an opportunity to appear before | ||||||
15 | the State Board and present
such information as may be relevant | ||||||
16 | to the approval of a permit or certificate
or in opposition to | ||||||
17 | the denial of the application.
| ||||||
18 | Subsequent to an appearance by the applicant before the | ||||||
19 | State Board or
default of such opportunity to appear, a motion | ||||||
20 | by the State Board to approve
an application for a permit or a | ||||||
21 | certificate of recognition which fails to pass
or a motion to | ||||||
22 | deny an application for a permit or a certificate of | ||||||
23 | recognition
which passes shall be considered denial of the | ||||||
24 | application for a permit or
certificate of recognition, as the | ||||||
25 | case may be. Such action of denial or an
action by the State |
| |||||||
| |||||||
1 | Board to revoke a permit or a certificate of recognition
shall | ||||||
2 | be communicated to the applicant or holder of the permit or | ||||||
3 | certificate
of recognition. Such person or organization shall | ||||||
4 | be afforded an opportunity
for a hearing before an | ||||||
5 | administrative law judge, who is appointed by the Chairman of | ||||||
6 | the State Board. A written notice of a request for such hearing | ||||||
7 | shall be
served upon the Chairman of the State Board within 30 | ||||||
8 | days following
notification of the decision of the State Board. | ||||||
9 | The administrative law judge shall take actions
necessary to | ||||||
10 | ensure that the hearing is completed within a
reasonable period | ||||||
11 | of time, but not to exceed 120 days, except for delays or
| ||||||
12 | continuances agreed to by the
person requesting the hearing.
| ||||||
13 | Following its consideration
of the report of the hearing, or | ||||||
14 | upon default of the party to the hearing,
the State Board shall | ||||||
15 | make its final determination, specifying its findings and
| ||||||
16 | conclusions
within 90 days of receiving the written report of | ||||||
17 | the hearing.
A copy of such determination shall be sent by | ||||||
18 | certified
mail or served personally upon the party.
| ||||||
19 | A full and complete record shall be kept of all | ||||||
20 | proceedings,
including the notice of hearing, complaint, and | ||||||
21 | all other documents in
the nature of pleadings, written motions | ||||||
22 | filed in the proceedings, and
the report and orders of the | ||||||
23 | State Board or hearing officer. All
testimony shall be reported | ||||||
24 | but need not be transcribed unless the
decision is appealed in | ||||||
25 | accordance with the Administrative Review Law,
as now or | ||||||
26 | hereafter amended. A copy or copies of the transcript may be
|
| |||||||
| |||||||
1 | obtained by any interested party on payment of the cost of | ||||||
2 | preparing
such copy or copies.
| ||||||
3 | The State Board or hearing officer shall upon its own or | ||||||
4 | his motion,
or on the written request of any party to the | ||||||
5 | proceeding who has, in the
State Board's or hearing officer's | ||||||
6 | opinion, demonstrated the relevancy
of such request to the | ||||||
7 | outcome of the proceedings, issue subpoenas
requiring the | ||||||
8 | attendance and the giving of testimony by witnesses, and
| ||||||
9 | subpoenas duces tecum requiring the production of books, | ||||||
10 | papers,
records, or memoranda. The fees of witnesses for | ||||||
11 | attendance and travel
shall be the same as the fees of | ||||||
12 | witnesses before the circuit court of
this State.
| ||||||
13 | When the witness is subpoenaed at the instance of the State | ||||||
14 | Board, or
its hearing officer, such fees shall be paid in the | ||||||
15 | same manner as other
expenses of the Board Agency , and when the | ||||||
16 | witness is subpoenaed at the
instance of any other party to any | ||||||
17 | such proceeding the State Board may,
in accordance with its the | ||||||
18 | rules of the Agency , require that the cost of
service of the | ||||||
19 | subpoena or subpoena duces tecum and the fee of the
witness be | ||||||
20 | borne by the party at whose instance the witness is summoned.
| ||||||
21 | In such case, the State Board in its discretion, may require a | ||||||
22 | deposit
to cover the cost of such service and witness fees. A | ||||||
23 | subpoena or
subpoena duces tecum so issued shall be served in | ||||||
24 | the same manner as a
subpoena issued out of a court.
| ||||||
25 | Any circuit court of this State upon the application of the | ||||||
26 | State
Board or upon the application of any other party to the |
| |||||||
| |||||||
1 | proceeding, may,
in its discretion, compel the attendance of | ||||||
2 | witnesses, the production of
books, papers, records, or | ||||||
3 | memoranda and the giving of testimony before
it or its hearing | ||||||
4 | officer conducting an investigation or holding a
hearing | ||||||
5 | authorized by this Act, by an attachment for contempt, or
| ||||||
6 | otherwise, in the same manner as production of evidence may be | ||||||
7 | compelled
before the court.
| ||||||
8 | (Source: P.A. 97-1115, eff. 8-27-12.)
| ||||||
9 | (20 ILCS 3960/11) (from Ch. 111 1/2, par. 1161)
| ||||||
10 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
11 | Sec. 11.
Any person who is adversely affected by a final | ||||||
12 | decision of the
State Board may have
such decision judicially | ||||||
13 | reviewed. The provisions of the Administrative
Review Law, as | ||||||
14 | now or hereafter amended, and the rules adopted pursuant
| ||||||
15 | thereto shall apply to and govern all proceedings for the | ||||||
16 | judicial
review of final administrative decisions of the State | ||||||
17 | Board. The term
"administrative decisions" is as defined in | ||||||
18 | Section 3-101 of the Code of
Civil Procedure. In order to | ||||||
19 | comply with subsection (b) of Section 3-108 of the | ||||||
20 | Administrative Review Law of the Code of Civil Procedure, the | ||||||
21 | State Board shall transcribe each State Board meeting using a | ||||||
22 | certified court reporter. The transcript shall contain the | ||||||
23 | record of the findings and decisions of the State Board.
| ||||||
24 | (Source: P.A. 82-1057 .)
|
| |||||||
| |||||||
1 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||||||
2 | (Section scheduled to be repealed on December 31, 2019) | ||||||
3 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
4 | this Act,
the State Board
shall
exercise the following powers | ||||||
5 | and duties:
| ||||||
6 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
7 | procedures or reviews which may vary
according to the purpose | ||||||
8 | for which a particular review is being conducted
or the type of | ||||||
9 | project reviewed and which are required to carry out the
| ||||||
10 | provisions and purposes of this Act. Policies and procedures of | ||||||
11 | the State Board shall take into consideration the priorities | ||||||
12 | and needs of medically underserved areas and other health care | ||||||
13 | services identified through the comprehensive health planning | ||||||
14 | process, giving special consideration to the impact of projects | ||||||
15 | on access to safety net services.
| ||||||
16 | (2) Adopt procedures for public
notice and hearing on all | ||||||
17 | proposed rules, regulations, standards,
criteria, and plans | ||||||
18 | required to carry out the provisions of this Act.
| ||||||
19 | (3) (Blank).
| ||||||
20 | (4) Develop criteria and standards for health care | ||||||
21 | facilities planning,
conduct statewide inventories of health | ||||||
22 | care facilities, maintain an updated
inventory on the Board's | ||||||
23 | web site reflecting the
most recent bed and service
changes and | ||||||
24 | updated need determinations when new census data become | ||||||
25 | available
or new need formulae
are adopted,
and
develop health | ||||||
26 | care facility plans which shall be utilized in the review of
|
| |||||||
| |||||||
1 | applications for permit under
this Act. Such health facility | ||||||
2 | plans shall be coordinated by the Board
with pertinent State | ||||||
3 | Plans. Inventories pursuant to this Section of skilled or | ||||||
4 | intermediate care facilities licensed under the Nursing Home | ||||||
5 | Care Act, skilled or intermediate care facilities licensed | ||||||
6 | under the ID/DD Community Care Act, facilities licensed under | ||||||
7 | the Specialized Mental Health Rehabilitation Act, or nursing | ||||||
8 | homes licensed under the Hospital Licensing Act shall be | ||||||
9 | conducted on an annual basis no later than July 1 of each year | ||||||
10 | and shall include among the information requested a list of all | ||||||
11 | services provided by a facility to its residents and to the | ||||||
12 | community at large and differentiate between active and | ||||||
13 | inactive beds.
| ||||||
14 | In developing health care facility plans, the State Board | ||||||
15 | shall consider,
but shall not be limited to, the following:
| ||||||
16 | (a) The size, composition and growth of the population | ||||||
17 | of the area
to be served;
| ||||||
18 | (b) The number of existing and planned facilities | ||||||
19 | offering similar
programs;
| ||||||
20 | (c) The extent of utilization of existing facilities;
| ||||||
21 | (d) The availability of facilities which may serve as | ||||||
22 | alternatives
or substitutes;
| ||||||
23 | (e) The availability of personnel necessary to the | ||||||
24 | operation of the
facility;
| ||||||
25 | (f) Multi-institutional planning and the establishment | ||||||
26 | of
multi-institutional systems where feasible;
|
| |||||||
| |||||||
1 | (g) The financial and economic feasibility of proposed | ||||||
2 | construction
or modification; and
| ||||||
3 | (h) In the case of health care facilities established | ||||||
4 | by a religious
body or denomination, the needs of the | ||||||
5 | members of such religious body or
denomination may be | ||||||
6 | considered to be public need.
| ||||||
7 | The health care facility plans which are developed and | ||||||
8 | adopted in
accordance with this Section shall form the basis | ||||||
9 | for the plan of the State
to deal most effectively with | ||||||
10 | statewide health needs in regard to health
care facilities.
| ||||||
11 | (5) Coordinate with the Center for Comprehensive Health | ||||||
12 | Planning and other state agencies having responsibilities
| ||||||
13 | affecting health care facilities, including those of licensure | ||||||
14 | and cost
reporting. Beginning no later than January 1, 2013, | ||||||
15 | the Department of Public Health shall produce a written annual | ||||||
16 | report to the Governor and the General Assembly regarding the | ||||||
17 | development of the Center for Comprehensive Health Planning. | ||||||
18 | The Chairman of the State Board and the State Board | ||||||
19 | Administrator shall also receive a copy of the annual report.
| ||||||
20 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
21 | State
any grants or bequests of money, securities or property | ||||||
22 | for
use by the State Board or Center for Comprehensive Health | ||||||
23 | Planning in the administration of this Act; and enter into | ||||||
24 | contracts
consistent with the appropriations for purposes | ||||||
25 | enumerated in this Act.
| ||||||
26 | (7) The State Board shall prescribe procedures for review, |
| |||||||
| |||||||
1 | standards,
and criteria which shall be utilized
to make | ||||||
2 | periodic reviews and determinations of the appropriateness
of | ||||||
3 | any existing health services being rendered by health care | ||||||
4 | facilities
subject to the Act. The State Board shall consider | ||||||
5 | recommendations of the
Board in making its
determinations.
| ||||||
6 | (8) Prescribe, in consultation
with the Center for | ||||||
7 | Comprehensive Health Planning, rules, regulations,
standards, | ||||||
8 | and criteria for the conduct of an expeditious review of
| ||||||
9 | applications
for permits for projects of construction or | ||||||
10 | modification of a health care
facility, which projects are | ||||||
11 | classified as emergency, substantive, or non-substantive in | ||||||
12 | nature. | ||||||
13 | Six months after June 30, 2009 (the effective date of | ||||||
14 | Public Act 96-31), substantive projects shall include no more | ||||||
15 | than the following: | ||||||
16 | (a) Projects to construct (1) a new or replacement | ||||||
17 | facility located on a new site or
(2) a replacement | ||||||
18 | facility located on the same site as the original facility | ||||||
19 | and the cost of the replacement facility exceeds the | ||||||
20 | capital expenditure minimum, which shall be reviewed by the | ||||||
21 | Board within 120 days; | ||||||
22 | (b) Projects proposing a
(1) new service within an | ||||||
23 | existing healthcare facility or
(2) discontinuation of a | ||||||
24 | service within an existing healthcare facility, which | ||||||
25 | shall be reviewed by the Board within 60 days; or | ||||||
26 | (c) Projects proposing a change in the bed capacity of |
| |||||||
| |||||||
1 | a health care facility by an increase in the total number | ||||||
2 | of beds or by a redistribution of beds among various | ||||||
3 | categories of service or by a relocation of beds from one | ||||||
4 | physical facility or site to another by more than 20 beds | ||||||
5 | or more than 10% of total bed capacity, as defined by the | ||||||
6 | State Board, whichever is less, over a 2-year period. | ||||||
7 | The Chairman may approve applications for exemption that | ||||||
8 | meet the criteria set forth in rules or refer them to the full | ||||||
9 | Board. The Chairman may approve any unopposed application that | ||||||
10 | meets all of the review criteria or refer them to the full | ||||||
11 | Board. | ||||||
12 | Such rules shall
not abridge the right of the Center for | ||||||
13 | Comprehensive Health Planning to make
recommendations on the | ||||||
14 | classification and approval of projects, nor shall
such rules | ||||||
15 | prevent the conduct of a public hearing upon the timely request
| ||||||
16 | of an interested party. Such reviews shall not exceed 60 days | ||||||
17 | from the
date the application is declared to be complete.
| ||||||
18 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
19 | pertaining to the granting of permits for
construction
and | ||||||
20 | modifications which are emergent in nature and must be | ||||||
21 | undertaken
immediately to prevent or correct structural | ||||||
22 | deficiencies or hazardous
conditions that may harm or injure | ||||||
23 | persons using the facility, as defined
in the rules and | ||||||
24 | regulations of the State Board. This procedure is exempt
from | ||||||
25 | public hearing requirements of this Act.
| ||||||
26 | (10) Prescribe rules,
regulations, standards and criteria |
| |||||||
| |||||||
1 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
2 | days, of applications for permits for projects to
construct or | ||||||
3 | modify health care facilities which are needed for the care
and | ||||||
4 | treatment of persons who have acquired immunodeficiency | ||||||
5 | syndrome (AIDS)
or related conditions.
| ||||||
6 | (11) Issue written decisions upon request of the applicant | ||||||
7 | or an adversely affected party to the Board. Requests for a | ||||||
8 | written decision shall be made within 15 days after the Board | ||||||
9 | meeting in which a final decision has been made. A "final | ||||||
10 | decision" for purposes of this Act is the decision to approve | ||||||
11 | or deny an application, or take other actions permitted under | ||||||
12 | this Act, at the time and date of the meeting that such action | ||||||
13 | is scheduled by the Board. State Board members shall provide | ||||||
14 | their rationale when voting on an item before the State Board | ||||||
15 | at a State Board meeting in order to comply with subsection (b) | ||||||
16 | of Section 3-108 of the Administrative Review Law of the Code | ||||||
17 | of Civil Procedure. The transcript of the State Board meeting | ||||||
18 | shall be incorporated into the Board's final decision. The | ||||||
19 | staff of the Board shall prepare a written copy of the final | ||||||
20 | decision and the Board shall approve a final copy for inclusion | ||||||
21 | in the formal record. The Board shall consider, for approval, | ||||||
22 | the written draft of the final decision no later than the next | ||||||
23 | scheduled Board meeting. The written decision shall identify | ||||||
24 | the applicable criteria and factors listed in this Act and the | ||||||
25 | Board's regulations that were taken into consideration by the | ||||||
26 | Board when coming to a final decision. If the Board denies or |
| |||||||
| |||||||
1 | fails to approve an application for permit or exemption, the | ||||||
2 | Board shall include in the final decision a detailed | ||||||
3 | explanation as to why the application was denied and identify | ||||||
4 | what specific criteria or standards the applicant did not | ||||||
5 | fulfill. | ||||||
6 | (12) Require at least one of its members to participate in | ||||||
7 | any public hearing, after the appointment of a majority of the | ||||||
8 | members to the Board. | ||||||
9 | (13) Provide a mechanism for the public to comment on, and | ||||||
10 | request changes to, draft rules and standards. | ||||||
11 | (14) Implement public information campaigns to regularly | ||||||
12 | inform the general public about the opportunity for public | ||||||
13 | hearings and public hearing procedures. | ||||||
14 | (15) Establish a separate set of rules and guidelines for | ||||||
15 | long-term care that recognizes that nursing homes are a | ||||||
16 | different business line and service model from other regulated | ||||||
17 | facilities. An open and transparent process shall be developed | ||||||
18 | that considers the following: how skilled nursing fits in the | ||||||
19 | continuum of care with other care providers, modernization of | ||||||
20 | nursing homes, establishment of more private rooms, | ||||||
21 | development of alternative services, and current trends in | ||||||
22 | long-term care services.
The Chairman of the Board shall | ||||||
23 | appoint a permanent Health Services Review Board Long-term Care | ||||||
24 | Facility Advisory Subcommittee that shall develop and | ||||||
25 | recommend to the Board the rules to be established by the Board | ||||||
26 | under this paragraph (15). The Subcommittee shall also provide |
| |||||||
| |||||||
1 | continuous review and commentary on policies and procedures | ||||||
2 | relative to long-term care and the review of related projects. | ||||||
3 | In consultation with other experts from the health field of | ||||||
4 | long-term care, the Board and the Subcommittee shall study new | ||||||
5 | approaches to the current bed need formula and Health Service | ||||||
6 | Area boundaries to encourage flexibility and innovation in | ||||||
7 | design models reflective of the changing long-term care | ||||||
8 | marketplace and consumer preferences. The Subcommittee shall | ||||||
9 | evaluate, and make recommendations to the State Board | ||||||
10 | regarding, the buying, selling, and exchange of beds between | ||||||
11 | long-term care facilities within a specified geographic area or | ||||||
12 | drive time. The Board shall file the proposed related | ||||||
13 | administrative rules for the separate rules and guidelines for | ||||||
14 | long-term care required by this paragraph (15) by no later than | ||||||
15 | September 30, 2011. The Subcommittee shall be provided a | ||||||
16 | reasonable and timely opportunity to review and comment on any | ||||||
17 | review, revision, or updating of the criteria, standards, | ||||||
18 | procedures, and rules used to evaluate project applications as | ||||||
19 | provided under Section 12.3 of this Act. | ||||||
20 | (16) Prescribe and provide forms pertaining to the State | ||||||
21 | Board Staff Report. A State Board Staff Report shall pertain to | ||||||
22 | applications that include, but are not limited to, applications | ||||||
23 | for permit or exemption, applications for permit renewal, | ||||||
24 | applications for extension of the obligation period, | ||||||
25 | applications requesting a declaratory ruling, or applications | ||||||
26 | under the Health Care Worker Self Referral Act. State Board |
| |||||||
| |||||||
1 | Staff Reports shall compare applications to the relevant review | ||||||
2 | criteria under the Board's rules. | ||||||
3 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
4 | eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; | ||||||
5 | 98-414, eff. 1-1-14; 98-463, eff. 8-16-13.)
| ||||||
6 | (20 ILCS 3960/12.2)
| ||||||
7 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
8 | Sec. 12.2. Powers of the State Board staff. For purposes of | ||||||
9 | this Act,
the staff shall exercise the following powers and | ||||||
10 | duties:
| ||||||
11 | (1) Review applications for permits and exemptions in | ||||||
12 | accordance with the
standards, criteria, and plans of need | ||||||
13 | established by the State Board under
this Act and certify its | ||||||
14 | finding to the State Board.
| ||||||
15 | (1.5) Post the following on the Board's web site: relevant | ||||||
16 | (i)
rules,
(ii)
standards, (iii)
criteria, (iv) State norms, | ||||||
17 | (v) references used by Board Agency staff in making
| ||||||
18 | determinations about whether application criteria are met, and | ||||||
19 | (vi) notices of
project-related filings, including notice of | ||||||
20 | public comments related to the
application.
| ||||||
21 | (2) Charge and collect an amount determined by the State | ||||||
22 | Board and the staff to be
reasonable fees for the processing of | ||||||
23 | applications by the State Board.
The State Board shall set the | ||||||
24 | amounts by rule. Application fees for continuing care | ||||||
25 | retirement communities, and other health care models that |
| |||||||
| |||||||
1 | include regulated and unregulated components, shall apply only | ||||||
2 | to those components subject to regulation under this Act. All | ||||||
3 | fees and fines
collected under the provisions of this Act shall | ||||||
4 | be deposited
into the Illinois Health Facilities Planning Fund | ||||||
5 | to be used for the
expenses of administering this Act.
| ||||||
6 | (2.1) Publish the following reports on the State Board | ||||||
7 | website: | ||||||
8 | (A) An annual accounting, aggregated by category and | ||||||
9 | with names of parties redacted, of fees, fines, and other | ||||||
10 | revenue collected as well as expenses incurred, in the | ||||||
11 | administration of this Act. | ||||||
12 | (B) An annual report, with names of the parties | ||||||
13 | redacted, that summarizes all settlement agreements | ||||||
14 | entered into with the State Board that resolve an alleged | ||||||
15 | instance of noncompliance with State Board requirements | ||||||
16 | under this Act. | ||||||
17 | (C) A monthly report that includes the status of | ||||||
18 | applications and recommendations regarding updates to the | ||||||
19 | standard, criteria, or the health plan as appropriate. | ||||||
20 | (D) Board reports showing the degree to which an | ||||||
21 | application conforms to the review standards, a summation | ||||||
22 | of relevant public testimony, and any additional | ||||||
23 | information that staff wants to communicate. | ||||||
24 | (3) Coordinate with other State agencies having | ||||||
25 | responsibilities
affecting
health care facilities, including | ||||||
26 | the Center for Comprehensive Health Planning and those of |
| |||||||
| |||||||
1 | licensure and cost reporting.
| ||||||
2 | (Source: P.A. 96-31, eff. 6-30-09.)
| ||||||
3 | (20 ILCS 3960/12.5) | ||||||
4 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
5 | Sec. 12.5. Update existing bed inventory and associated bed | ||||||
6 | need projections. While the Task Force on Health Planning | ||||||
7 | Reform will make long-term recommendations related to the | ||||||
8 | method and formula for calculating the bed inventory and | ||||||
9 | associated bed need projections, there is a current need for | ||||||
10 | the bed inventory to be updated prior to the issuance of the | ||||||
11 | recommendations of the Task Force. Therefore, the State Board | ||||||
12 | Agency shall immediately update the existing bed inventory and | ||||||
13 | associated bed need projections required by Sections 12 and | ||||||
14 | 12.3 of this Act, using the most recently published historical | ||||||
15 | utilization data, 5-year population projections, and an | ||||||
16 | appropriate migration factor for the medical-surgical and | ||||||
17 | pediatric category of service which shall be no less than 50%. | ||||||
18 | The State Board Agency shall provide written documentation | ||||||
19 | providing the methodology and rationale used to determine the | ||||||
20 | appropriate migration factor.
| ||||||
21 | (Source: P.A. 97-1115, eff. 8-27-12.)
| ||||||
22 | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| ||||||
23 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
24 | Sec. 13. Investigation of applications for permits and |
| |||||||
| |||||||
1 | certificates of
recognition. The Agency or the State Board | ||||||
2 | shall make or cause to be made
such investigations as it or the | ||||||
3 | State Board deems necessary in connection
with an application | ||||||
4 | for a permit or an application for a certificate of
| ||||||
5 | recognition, or in connection with a determination of whether | ||||||
6 | or not
construction
or modification which has been commenced is | ||||||
7 | in accord with the permit issued
by the State Board or whether | ||||||
8 | construction or modification has been commenced
without a | ||||||
9 | permit having been obtained. The State Board may issue | ||||||
10 | subpoenas
duces tecum requiring the production of records and | ||||||
11 | may administer oaths
to such witnesses.
| ||||||
12 | Any circuit court of this State, upon the application of | ||||||
13 | the State Board
or upon the application of any party to such | ||||||
14 | proceedings, may, in its
discretion,
compel the attendance of | ||||||
15 | witnesses, the production of books, papers, records,
or | ||||||
16 | memoranda and the giving of testimony before the State Board, | ||||||
17 | by a
proceeding
as for contempt, or otherwise, in the same | ||||||
18 | manner as production of evidence
may be compelled before the | ||||||
19 | court.
| ||||||
20 | The State Board shall require all health facilities | ||||||
21 | operating
in this State
to provide such reasonable reports at | ||||||
22 | such times and containing such
information
as is needed by it | ||||||
23 | to carry out the purposes and provisions of this Act.
Prior to | ||||||
24 | collecting information from health facilities, the State Board
| ||||||
25 | shall make reasonable efforts
through a public process to | ||||||
26 | consult with health facilities and associations
that represent |
| |||||||
| |||||||
1 | them to determine
whether data and information requests will | ||||||
2 | result in useful information for
health planning, whether
| ||||||
3 | sufficient information is available from other sources, and | ||||||
4 | whether data
requested is routinely collected
by health | ||||||
5 | facilities and is available without retrospective record | ||||||
6 | review. Data
and information requests
shall not impose undue | ||||||
7 | paperwork burdens on health care facilities and
personnel.
| ||||||
8 | Health facilities not complying with this requirement shall be | ||||||
9 | reported
to licensing, accrediting, certifying, or payment | ||||||
10 | agencies as being in
violation
of State law. Health care | ||||||
11 | facilities and other parties at interest shall
have reasonable | ||||||
12 | access, under rules established by the State Board, to all
| ||||||
13 | planning information submitted in accord with this Act | ||||||
14 | pertaining to their
area.
| ||||||
15 | Among the reports to be required by the State Board are | ||||||
16 | facility questionnaires for health care facilities licensed | ||||||
17 | under the Ambulatory Surgical Treatment Center Act, the | ||||||
18 | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | ||||||
19 | Community Care Act, the Specialized Mental Health | ||||||
20 | Rehabilitation Act, or the End Stage Renal Disease Facility | ||||||
21 | Act. These questionnaires shall be conducted on an annual basis | ||||||
22 | and compiled by the State Board Agency . For health care | ||||||
23 | facilities licensed under the Nursing Home Care Act or the | ||||||
24 | Specialized Mental Health Rehabilitation Act, these reports | ||||||
25 | shall include, but not be limited to, the identification of | ||||||
26 | specialty services provided by the facility to patients, |
| |||||||
| |||||||
1 | residents, and the community at large. Annual reports for | ||||||
2 | facilities licensed under the ID/DD Community Care Act shall be | ||||||
3 | different from the annual reports required of other health care | ||||||
4 | facilities and shall be specific to those facilities licensed | ||||||
5 | under the ID/DD Community Care Act. The Health Facilities and | ||||||
6 | Services Review Board shall consult with associations | ||||||
7 | representing facilities licensed under the ID/DD Community | ||||||
8 | Care Act when developing the information requested in these | ||||||
9 | annual reports. For health care facilities that contain long | ||||||
10 | term care beds, the reports shall also include the number of | ||||||
11 | staffed long term care beds, physical capacity for long term | ||||||
12 | care beds at the facility, and long term care beds available | ||||||
13 | for immediate occupancy. For purposes of this paragraph, "long | ||||||
14 | term care beds" means beds
(i) licensed under the Nursing Home | ||||||
15 | Care Act, (ii) licensed under the ID/DD Community Care Act, | ||||||
16 | (iii) licensed under the Hospital Licensing Act, or (iv) | ||||||
17 | licensed under the Specialized Mental Health Rehabilitation | ||||||
18 | Act and certified as skilled nursing or nursing facility beds | ||||||
19 | under Medicaid or Medicare.
| ||||||
20 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
21 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-980, eff. 8-17-12.)
| ||||||
22 | (20 ILCS 3960/15) (from Ch. 111 1/2, par. 1165)
| ||||||
23 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
24 | Sec. 15.
Notwithstanding the existence or pursuit of any | ||||||
25 | other remedy,
the State Board or the Agency may, in the manner |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | provided by law, upon the
advice of the Attorney
General who | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | shall represent the State Board or the Agency in the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | proceedings, maintain an action
in the name of the State for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | injunction or other process against any person
or governmental | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | unit to restrain or prevent the acquisition of major medical
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | equipment, or the establishment, construction or modification | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | of a health
care facility without the required permit, or to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | restrain or prevent the
occupancy or utilization of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | equipment acquired or facility which was
constructed or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | modified without the required permit.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (Source: P.A. 89-276, eff. 8-10-95 .)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | becoming law.
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