| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
1 | AN ACT concerning State government.
| ||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 5. The Illinois Health Facilities Planning Act is | ||||||||||||||||||||||||||||
5 | amended by changing Sections 3, 5, and 12 as follows:
| ||||||||||||||||||||||||||||
6 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| ||||||||||||||||||||||||||||
7 | (Section scheduled to be repealed on December 31, 2019) | ||||||||||||||||||||||||||||
8 | Sec. 3. Definitions. As used in this Act:
| ||||||||||||||||||||||||||||
9 | "Health care facilities" means and includes
the following | ||||||||||||||||||||||||||||
10 | facilities , and organizations , and related persons :
| ||||||||||||||||||||||||||||
11 | 1. An ambulatory surgical treatment center required to | ||||||||||||||||||||||||||||
12 | be licensed
pursuant to the Ambulatory Surgical Treatment | ||||||||||||||||||||||||||||
13 | Center Act;
| ||||||||||||||||||||||||||||
14 | 2. An institution, place, building, or agency required | ||||||||||||||||||||||||||||
15 | to be licensed
pursuant to the Hospital Licensing Act;
| ||||||||||||||||||||||||||||
16 | 3. Skilled and intermediate long term care facilities | ||||||||||||||||||||||||||||
17 | licensed under the
Nursing
Home Care Act;
| ||||||||||||||||||||||||||||
18 | 3.5. Skilled and intermediate care facilities licensed | ||||||||||||||||||||||||||||
19 | under the ID/DD Community Care Act; | ||||||||||||||||||||||||||||
20 | 3.7. Facilities licensed under the Specialized Mental | ||||||||||||||||||||||||||||
21 | Health Rehabilitation Act;
| ||||||||||||||||||||||||||||
22 | 4. Hospitals, nursing homes, ambulatory surgical | ||||||||||||||||||||||||||||
23 | treatment centers, or
kidney disease treatment centers
|
| |||||||
| |||||||
1 | maintained by the State or any department or agency | ||||||
2 | thereof;
| ||||||
3 | 5. Kidney disease treatment centers, including a | ||||||
4 | free-standing
hemodialysis unit required to be licensed | ||||||
5 | under the End Stage Renal Disease Facility Act;
| ||||||
6 | 6. An institution, place, building, or room used for | ||||||
7 | the performance of
outpatient surgical procedures that is | ||||||
8 | leased, owned, or operated by or on
behalf of an | ||||||
9 | out-of-state facility;
| ||||||
10 | 7. An institution, place, building, or room used for | ||||||
11 | provision of a health care category of service as defined | ||||||
12 | by the Board , including, but not limited to, | ||||||
13 | medical-surgical, pediatrics, cardiac catheterization , and | ||||||
14 | open heart surgery , regardless of whether the facility is | ||||||
15 | owned or operated by a physician, a partnership, a medical | ||||||
16 | or professional corporation, or an unincorporated medical | ||||||
17 | or professional group ; and | ||||||
18 | 8. An institution, place, building, or room used for | ||||||
19 | provision of major medical equipment used in the direct | ||||||
20 | clinical diagnosis or treatment of patients, and whose | ||||||
21 | project cost is in excess of the capital expenditure | ||||||
22 | minimum , regardless of whether the facility is owned or | ||||||
23 | operated by a physician, a partnership, a medical or | ||||||
24 | professional corporation, or an unincorporated medical or | ||||||
25 | professional group . | ||||||
26 | This Act shall not apply to the construction of any new |
| |||||||
| |||||||
1 | facility or the renovation of any existing facility located on | ||||||
2 | any campus facility as defined in Section 5-5.8b of the | ||||||
3 | Illinois Public Aid Code, provided that the campus facility | ||||||
4 | encompasses 30 or more contiguous acres and that the new or | ||||||
5 | renovated facility is intended for use by a licensed | ||||||
6 | residential facility. | ||||||
7 | No federally owned facility shall be subject to the | ||||||
8 | provisions of this
Act, nor facilities used solely for healing | ||||||
9 | by prayer or spiritual means.
| ||||||
10 | No facility licensed under the Supportive Residences | ||||||
11 | Licensing Act or the
Assisted Living and Shared Housing Act
| ||||||
12 | shall be subject to the provisions of this Act.
| ||||||
13 | No facility established and operating under the | ||||||
14 | Alternative Health Care Delivery Act as a children's respite | ||||||
15 | care center alternative health care model demonstration | ||||||
16 | program or as an Alzheimer's Disease Management Center | ||||||
17 | alternative health care model demonstration program shall be | ||||||
18 | subject to the provisions of this Act. | ||||||
19 | A facility designated as a supportive living facility that | ||||||
20 | is in good
standing with the program
established under Section | ||||||
21 | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | ||||||
22 | the provisions of this
Act.
| ||||||
23 | This Act does not apply to facilities granted waivers under | ||||||
24 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
25 | demonstration project under that
Act applies for a certificate
| ||||||
26 | of need to convert to a nursing facility, it shall meet the |
| |||||||
| |||||||
1 | licensure and
certificate of need requirements in effect as of | ||||||
2 | the date of application. | ||||||
3 | This Act does not apply to a dialysis facility that | ||||||
4 | provides only dialysis training, support, and related services | ||||||
5 | to individuals with end stage renal disease who have elected to | ||||||
6 | receive home dialysis. This Act does not apply to a dialysis | ||||||
7 | unit located in a licensed nursing home that offers or provides | ||||||
8 | dialysis-related services to residents with end stage renal | ||||||
9 | disease who have elected to receive home dialysis within the | ||||||
10 | nursing home. The Board, however, may require these dialysis | ||||||
11 | facilities and licensed nursing homes to report statistical | ||||||
12 | information on a quarterly basis to the Board to be used by the | ||||||
13 | Board to conduct analyses on the need for proposed kidney | ||||||
14 | disease treatment centers.
| ||||||
15 | This Act shall not apply to the closure of an entity or a | ||||||
16 | portion of an
entity licensed under the Nursing Home Care Act, | ||||||
17 | the Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
18 | Community Care Act, with the exceptions of facilities operated | ||||||
19 | by a county or Illinois Veterans Homes, that elects to convert, | ||||||
20 | in
whole or in part, to an assisted living or shared housing | ||||||
21 | establishment
licensed under the Assisted Living and Shared | ||||||
22 | Housing Act.
| ||||||
23 | This Act does not apply to any change of ownership of a | ||||||
24 | healthcare facility that is licensed under the Nursing Home | ||||||
25 | Care Act, the Specialized Mental Health Rehabilitation Act, or | ||||||
26 | the ID/DD Community Care Act, with the exceptions of facilities |
| |||||||
| |||||||
1 | operated by a county or Illinois Veterans Homes. Changes of | ||||||
2 | ownership of facilities licensed under the Nursing Home Care | ||||||
3 | Act must meet the requirements set forth in Sections 3-101 | ||||||
4 | through 3-119 of the Nursing Home Care Act.
| ||||||
5 | With the exception of those health care facilities | ||||||
6 | specifically
included in this Section, nothing in this Act | ||||||
7 | shall be intended to
include facilities operated as a part of | ||||||
8 | the practice of a physician or
other licensed health care | ||||||
9 | professional, whether practicing in his
individual capacity or | ||||||
10 | within the legal structure of any partnership,
medical or | ||||||
11 | professional corporation, or unincorporated medical or
| ||||||
12 | professional group. Further, this Act shall not apply to | ||||||
13 | physicians or
other licensed health care professional's | ||||||
14 | practices where such practices
are carried out in a portion of | ||||||
15 | a health care facility under contract
with such health care | ||||||
16 | facility by a physician or by other licensed
health care | ||||||
17 | professionals, whether practicing in his individual capacity
| ||||||
18 | or within the legal structure of any partnership, medical or
| ||||||
19 | professional corporation, or unincorporated medical or | ||||||
20 | professional
groups. This Act shall apply to construction or
| ||||||
21 | modification and to establishment by such health care facility | ||||||
22 | of such
contracted portion which is subject to facility | ||||||
23 | licensing requirements,
irrespective of the party responsible | ||||||
24 | for such action or attendant
financial obligation. | ||||||
25 | No permit or exemption is required for a facility licensed | ||||||
26 | under the ID/DD Community Care Act prior to the reduction of |
| |||||||
| |||||||
1 | the number of beds at a facility. If there is a total reduction | ||||||
2 | of beds at a facility licensed under the ID/DD Community Care | ||||||
3 | Act, this is a discontinuation or closure of the facility. | ||||||
4 | However, if a facility licensed under the ID/DD Community Care | ||||||
5 | Act reduces the number of beds or discontinues the facility, | ||||||
6 | that facility must notify the Board as provided in Section 14.1 | ||||||
7 | of this Act.
| ||||||
8 | "Person" means any one or more natural persons, legal | ||||||
9 | entities,
governmental bodies other than federal, or any | ||||||
10 | combination thereof.
| ||||||
11 | "Consumer" means any person other than a person (a) whose | ||||||
12 | major
occupation currently involves or whose official capacity | ||||||
13 | within the last
12 months has involved the providing, | ||||||
14 | administering or financing of any
type of health care facility, | ||||||
15 | (b) who is engaged in health research or
the teaching of | ||||||
16 | health, (c) who has a material financial interest in any
| ||||||
17 | activity which involves the providing, administering or | ||||||
18 | financing of any
type of health care facility, or (d) who is or | ||||||
19 | ever has been a member of
the immediate family of the person | ||||||
20 | defined by (a), (b), or (c).
| ||||||
21 | "State Board" or "Board" means the Health Facilities and | ||||||
22 | Services Review Board.
| ||||||
23 | "Construction or modification" means the establishment, | ||||||
24 | erection,
building, alteration, reconstruction, modernization, | ||||||
25 | improvement,
extension, discontinuation, change of ownership, | ||||||
26 | of or by a health care
facility, or the purchase or acquisition |
| |||||||
| |||||||
1 | by or through a health care facility
of
equipment or service | ||||||
2 | for diagnostic or therapeutic purposes or for
facility | ||||||
3 | administration or operation, or any capital expenditure made by
| ||||||
4 | or on behalf of a health care facility which
exceeds the | ||||||
5 | capital expenditure minimum; however, any capital expenditure
| ||||||
6 | made by or on behalf of a health care facility for (i) the | ||||||
7 | construction or
modification of a facility licensed under the | ||||||
8 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
9 | project undertaken in accordance with Section 30 of the Older | ||||||
10 | Adult Services Act shall be excluded from any obligations under | ||||||
11 | this Act.
| ||||||
12 | "Establish" means the construction of a health care | ||||||
13 | facility or the
replacement of an existing facility on another | ||||||
14 | site or the initiation of a category of service as defined by | ||||||
15 | the Board .
| ||||||
16 | "Major medical equipment" means medical equipment which is | ||||||
17 | used for the
provision of medical and other health services and | ||||||
18 | which costs in excess
of the capital expenditure minimum, | ||||||
19 | except that such term does not include
medical equipment | ||||||
20 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
21 | clinical laboratory
services if the clinical laboratory is | ||||||
22 | independent of a physician's office
and a hospital and it has | ||||||
23 | been determined under Title XVIII of the Social
Security Act to | ||||||
24 | meet the requirements of paragraphs (10) and (11) of Section
| ||||||
25 | 1861(s) of such Act. In determining whether medical equipment | ||||||
26 | has a value
in excess of the capital expenditure minimum, the |
| |||||||
| |||||||
1 | value of studies, surveys,
designs, plans, working drawings, | ||||||
2 | specifications, and other activities
essential to the | ||||||
3 | acquisition of such equipment shall be included.
| ||||||
4 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
5 | on behalf of
a health care facility (as such a facility is | ||||||
6 | defined in this Act); and
(B) which under generally accepted | ||||||
7 | accounting principles is not properly
chargeable as an expense | ||||||
8 | of operation and maintenance, or is made to obtain
by lease or | ||||||
9 | comparable arrangement any facility or part thereof or any
| ||||||
10 | equipment for a facility or part; and which exceeds the capital | ||||||
11 | expenditure
minimum.
| ||||||
12 | For the purpose of this paragraph, the cost of any studies, | ||||||
13 | surveys, designs,
plans, working drawings, specifications, and | ||||||
14 | other activities essential
to the acquisition, improvement, | ||||||
15 | expansion, or replacement of any plant
or equipment with | ||||||
16 | respect to which an expenditure is made shall be included
in | ||||||
17 | determining if such expenditure exceeds the capital | ||||||
18 | expenditures minimum.
Unless otherwise interdependent, or | ||||||
19 | submitted as one project by the applicant, components of | ||||||
20 | construction or modification undertaken by means of a single | ||||||
21 | construction contract or financed through the issuance of a | ||||||
22 | single debt instrument shall not be grouped together as one | ||||||
23 | project. Donations of equipment
or facilities to a health care | ||||||
24 | facility which if acquired directly by such
facility would be | ||||||
25 | subject to review under this Act shall be considered capital
| ||||||
26 | expenditures, and a transfer of equipment or facilities for |
| |||||||
| |||||||
1 | less than fair
market value shall be considered a capital | ||||||
2 | expenditure for purposes of this
Act if a transfer of the | ||||||
3 | equipment or facilities at fair market value would
be subject | ||||||
4 | to review.
| ||||||
5 | "Capital expenditure minimum" means $11,500,000 for | ||||||
6 | projects by hospital applicants, $6,500,000 for applicants for | ||||||
7 | projects related to skilled and intermediate care long-term | ||||||
8 | care facilities licensed under the Nursing Home Care Act, and | ||||||
9 | $3,000,000 for projects by all other applicants, which shall be | ||||||
10 | annually
adjusted to reflect the increase in construction costs | ||||||
11 | due to inflation, for major medical equipment and for all other
| ||||||
12 | capital expenditures.
| ||||||
13 | "Non-clinical service area" means an area (i) for the | ||||||
14 | benefit of the
patients, visitors, staff, or employees of a | ||||||
15 | health care facility and (ii) not
directly related to the | ||||||
16 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
17 | services from the health care facility. "Non-clinical service | ||||||
18 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
19 | news stands; computer
systems; tunnels, walkways, and | ||||||
20 | elevators; telephone systems; projects to
comply with life | ||||||
21 | safety codes; educational facilities; student housing;
| ||||||
22 | patient, employee, staff, and visitor dining areas; | ||||||
23 | administration and
volunteer offices; modernization of | ||||||
24 | structural components (such as roof
replacement and masonry | ||||||
25 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
26 | storage facilities; parking facilities; mechanical systems for
|
| |||||||
| |||||||
1 | heating, ventilation, and air conditioning; loading docks; and | ||||||
2 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
3 | window coverings or treatments,
or furniture. Solely for the | ||||||
4 | purpose of this definition, "non-clinical service
area" does | ||||||
5 | not include health and fitness centers.
| ||||||
6 | "Areawide" means a major area of the State delineated on a
| ||||||
7 | geographic, demographic, and functional basis for health | ||||||
8 | planning and
for health service and having within it one or | ||||||
9 | more local areas for
health planning and health service. The | ||||||
10 | term "region", as contrasted
with the term "subregion", and the | ||||||
11 | word "area" may be used synonymously
with the term "areawide".
| ||||||
12 | "Local" means a subarea of a delineated major area that on | ||||||
13 | a
geographic, demographic, and functional basis may be | ||||||
14 | considered to be
part of such major area. The term "subregion" | ||||||
15 | may be used synonymously
with the term "local".
| ||||||
16 | "Physician" means a person licensed to practice in | ||||||
17 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
18 | "Licensed health care professional" means a person | ||||||
19 | licensed to
practice a health profession under pertinent | ||||||
20 | licensing statutes of the
State of Illinois.
| ||||||
21 | "Director" means the Director of the Illinois Department of | ||||||
22 | Public Health.
| ||||||
23 | "Agency" means the Illinois Department of Public Health.
| ||||||
24 | "Alternative health care model" means a facility or program | ||||||
25 | authorized
under the Alternative Health Care Delivery Act.
| ||||||
26 | "Out-of-state facility" means a person that is both (i) |
| |||||||
| |||||||
1 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
2 | the laws of another state
or that
qualifies as a hospital or an | ||||||
3 | ambulatory surgery center under regulations
adopted pursuant | ||||||
4 | to the Social Security Act and (ii) not licensed under the
| ||||||
5 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
6 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
7 | out-of-state facilities shall be
considered out-of-state | ||||||
8 | facilities. Affiliates of Illinois licensed health
care | ||||||
9 | facilities 100% owned by an Illinois licensed health care | ||||||
10 | facility, its
parent, or Illinois physicians licensed to | ||||||
11 | practice medicine in all its
branches shall not be considered | ||||||
12 | out-of-state facilities. Nothing in
this definition shall be
| ||||||
13 | construed to include an office or any part of an office of a | ||||||
14 | physician licensed
to practice medicine in all its branches in | ||||||
15 | Illinois that is not required to be
licensed under the | ||||||
16 | Ambulatory Surgical Treatment Center Act.
| ||||||
17 | "Change of ownership of a health care facility" means a | ||||||
18 | change in the
person
who has ownership or
control of a health | ||||||
19 | care facility's physical plant and capital assets. A change
in | ||||||
20 | ownership is indicated by
the following transactions: sale, | ||||||
21 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
22 | means of
transferring control.
| ||||||
23 | "Related person" means any person that: (i) is at least 50% | ||||||
24 | owned, directly
or indirectly, by
either the health care | ||||||
25 | facility or a person owning, directly or indirectly, at
least | ||||||
26 | 50% of the health
care facility; or (ii) owns, directly or |
| |||||||
| |||||||
1 | indirectly, at least 50% of the
health care facility.
| ||||||
2 | "Charity care" means care provided by a health care | ||||||
3 | facility for which the provider does not expect to receive | ||||||
4 | payment from the patient or a third-party payer. | ||||||
5 | "Freestanding emergency center" means a facility subject | ||||||
6 | to licensure under Section 32.5 of the Emergency Medical | ||||||
7 | Services (EMS) Systems Act. | ||||||
8 | "Category of service" means a grouping by generic class of | ||||||
9 | various types or levels of support functions, equipment, care, | ||||||
10 | or treatment provided to patients or residents, including, but | ||||||
11 | not limited to, classes such as medical-surgical, pediatrics, | ||||||
12 | or cardiac catheterization. A category of service may include | ||||||
13 | subcategories or levels of care that identify a particular | ||||||
14 | degree or type of care within the category of service. | ||||||
15 | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | ||||||
16 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; | ||||||
17 | 97-813, eff. 7-13-12; 97-980, eff. 8-17-12.)
| ||||||
18 | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
| ||||||
19 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
20 | Sec. 5. Construction, modification, or establishment of | ||||||
21 | health care facilities or acquisition of major medical | ||||||
22 | equipment; permits or exemptions. No person shall construct, | ||||||
23 | modify or establish a
health care facility or acquire major | ||||||
24 | medical equipment without first
obtaining a permit or exemption | ||||||
25 | from the State
Board. The State Board shall not delegate to the |
| |||||||
| |||||||
1 | staff of
the State Board or any other person or entity the | ||||||
2 | authority to grant
permits or exemptions whenever the staff or | ||||||
3 | other person or
entity would be required to exercise any | ||||||
4 | discretion affecting the decision
to grant a permit or | ||||||
5 | exemption. The State Board may, by rule, delegate authority to | ||||||
6 | the Chairman to grant permits or exemptions when applications | ||||||
7 | meet all of the State Board's review criteria and are | ||||||
8 | unopposed.
| ||||||
9 | A permit or exemption shall be obtained prior to the | ||||||
10 | acquisition
of major medical equipment or to the construction | ||||||
11 | or modification of a
health care facility which:
| ||||||
12 | (a) requires a total capital expenditure in excess of | ||||||
13 | the capital
expenditure
minimum; or
| ||||||
14 | (b) substantially changes the scope or changes the | ||||||
15 | functional operation
of the facility; or
| ||||||
16 | (c) changes the bed capacity of a health care facility | ||||||
17 | by increasing the
total number of beds or by distributing | ||||||
18 | beds among
various categories of service or by relocating | ||||||
19 | beds from one physical facility
or site to another by more | ||||||
20 | than 20 beds or more than 10% of total bed
capacity as | ||||||
21 | defined by the
State Board, whichever is less, over a 2 | ||||||
22 | year period.
| ||||||
23 | A permit shall be valid only for the defined construction | ||||||
24 | or modifications,
site, amount and person named in the | ||||||
25 | application for such permit and
shall not be transferable or | ||||||
26 | assignable. A permit shall be valid until such
time as the |
| |||||||
| |||||||
1 | project has been completed,
provided that the project
commences | ||||||
2 | and proceeds to completion with due diligence by the completion | ||||||
3 | date or extension date approved by the Board. | ||||||
4 | A permit holder must do the following: (i) submit the final | ||||||
5 | completion and cost report for the project within 90 days after | ||||||
6 | the approved project completion date or extension date and (ii) | ||||||
7 | submit annual progress reports no earlier than 30 days before | ||||||
8 | and no later than 30 days after each anniversary date of the | ||||||
9 | Board's approval of the permit until the project is completed. | ||||||
10 | To maintain a valid permit and to monitor progress toward | ||||||
11 | project commencement and completion, routine post-permit | ||||||
12 | reports shall be limited to annual progress reports and the | ||||||
13 | final completion and cost report. Annual progress reports shall | ||||||
14 | include information regarding the committed funds expended | ||||||
15 | toward the approved project. If the project is not completed in | ||||||
16 | one year, then, by the second annual report, the permit holder | ||||||
17 | shall expend 33% or more of the total project cost or shall | ||||||
18 | make a commitment to expend 33% or more of the total project | ||||||
19 | cost by signed contracts or other legal means, and the report | ||||||
20 | shall contain information regarding those expenditures or | ||||||
21 | commitments. If the project is to be completed in one year, | ||||||
22 | then the first annual report shall contain the expenditure | ||||||
23 | commitment information for the total project cost. The State | ||||||
24 | Board may extend the expenditure commitment period after | ||||||
25 | considering a permit holder's showing of good cause and request | ||||||
26 | for additional time to complete the project. |
| |||||||
| |||||||
1 | The Certificate of Need process required under this Act is | ||||||
2 | designed to restrain rising health care costs by preventing | ||||||
3 | unnecessary construction or modification of health care | ||||||
4 | facilities. The Board must assure that the establishment, | ||||||
5 | construction, or modification of a health care facility or the | ||||||
6 | acquisition of major medical equipment is consistent with the | ||||||
7 | public interest and that the proposed project is consistent | ||||||
8 | with the orderly and economic development or acquisition of | ||||||
9 | those facilities and equipment and is in accord with the | ||||||
10 | standards, criteria, or plans of need adopted and approved by | ||||||
11 | the Board. Board decisions regarding the construction of health | ||||||
12 | care facilities must consider capacity, quality, value, and | ||||||
13 | equity. Projects may deviate from the costs, fees, and expenses | ||||||
14 | provided in their project cost information for the project's | ||||||
15 | cost components, provided that the final total project cost | ||||||
16 | does not exceed the approved permit amount. Project alterations | ||||||
17 | shall not increase the total approved permit amount by more | ||||||
18 | than the limit set forth under the Board's rules. | ||||||
19 | Major construction
projects, for the purposes of this Act, | ||||||
20 | shall include but are not limited
to: projects for the | ||||||
21 | construction of new buildings; additions to existing
| ||||||
22 | facilities; modernization projects
whose cost is in excess of | ||||||
23 | $1,000,000 or 10% of the facilities' operating
revenue, | ||||||
24 | whichever is less; and such other projects as the State Board | ||||||
25 | shall
define and prescribe pursuant to this Act. | ||||||
26 | Permits
for projects that have not been obligated within |
| |||||||
| |||||||
1 | the prescribed obligation
period shall expire on the last day | ||||||
2 | of that period.
| ||||||
3 | The acquisition by any person of major medical equipment | ||||||
4 | that will not
be owned by or located in a health care facility | ||||||
5 | and that will not be used
to provide services to inpatients of | ||||||
6 | a health care facility shall be exempt
from review provided | ||||||
7 | that a notice is filed in accordance with exemption
| ||||||
8 | requirements.
| ||||||
9 | Notwithstanding any other provision of this Act, no permit | ||||||
10 | or exemption is
required for the construction or modification | ||||||
11 | of a non-clinical service area
of a health care facility.
| ||||||
12 | (Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)
| ||||||
13 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||||||
14 | (Section scheduled to be repealed on December 31, 2019) | ||||||
15 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
16 | this Act,
the State Board
shall
exercise the following powers | ||||||
17 | and duties:
| ||||||
18 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
19 | procedures or reviews which may vary
according to the purpose | ||||||
20 | for which a particular review is being conducted
or the type of | ||||||
21 | project reviewed and which are required to carry out the
| ||||||
22 | provisions and purposes of this Act. Policies and procedures of | ||||||
23 | the State Board shall take into consideration the priorities | ||||||
24 | and needs of medically underserved areas and other health care | ||||||
25 | services identified through the comprehensive health planning |
| |||||||
| |||||||
1 | process, giving special consideration to the impact of projects | ||||||
2 | on access to safety net services.
| ||||||
3 | (2) Adopt procedures for public
notice and hearing on all | ||||||
4 | proposed rules, regulations, standards,
criteria, and plans | ||||||
5 | required to carry out the provisions of this Act.
| ||||||
6 | (3) (Blank).
| ||||||
7 | (4) Develop criteria and standards for health care | ||||||
8 | facilities planning,
conduct statewide inventories of health | ||||||
9 | care facilities, maintain an updated
inventory on the Board's | ||||||
10 | web site reflecting the
most recent bed and service
changes and | ||||||
11 | updated need determinations when new census data become | ||||||
12 | available
or new need formulae
are adopted,
and
develop health | ||||||
13 | care facility plans which shall be utilized in the review of
| ||||||
14 | applications for permit under
this Act. Such health facility | ||||||
15 | plans shall be coordinated by the Board
with pertinent State | ||||||
16 | Plans. Inventories pursuant to this Section of skilled or | ||||||
17 | intermediate care facilities licensed under the Nursing Home | ||||||
18 | Care Act, skilled or intermediate care facilities licensed | ||||||
19 | under the ID/DD Community Care Act, facilities licensed under | ||||||
20 | the Specialized Mental Health Rehabilitation Act, or nursing | ||||||
21 | homes licensed under the Hospital Licensing Act shall be | ||||||
22 | conducted on an annual basis no later than July 1 of each year | ||||||
23 | and shall include among the information requested a list of all | ||||||
24 | services provided by a facility to its residents and to the | ||||||
25 | community at large and differentiate between active and | ||||||
26 | inactive beds.
|
| |||||||
| |||||||
1 | In developing health care facility plans, the State Board | ||||||
2 | shall consider,
but shall not be limited to, the following:
| ||||||
3 | (a) The size, composition and growth of the population | ||||||
4 | of the area
to be served;
| ||||||
5 | (b) The number of existing and planned facilities | ||||||
6 | offering similar
programs;
| ||||||
7 | (c) The extent of utilization of existing facilities;
| ||||||
8 | (d) The availability of facilities which may serve as | ||||||
9 | alternatives
or substitutes;
| ||||||
10 | (e) The availability of personnel necessary to the | ||||||
11 | operation of the
facility;
| ||||||
12 | (f) Multi-institutional planning and the establishment | ||||||
13 | of
multi-institutional systems where feasible;
| ||||||
14 | (g) The financial and economic feasibility of proposed | ||||||
15 | construction
or modification; and
| ||||||
16 | (h) In the case of health care facilities established | ||||||
17 | by a religious
body or denomination, the needs of the | ||||||
18 | members of such religious body or
denomination may be | ||||||
19 | considered to be public need.
| ||||||
20 | The health care facility plans which are developed and | ||||||
21 | adopted in
accordance with this Section shall form the basis | ||||||
22 | for the plan of the State
to deal most effectively with | ||||||
23 | statewide health needs in regard to health
care facilities.
| ||||||
24 | (5) Coordinate with the Center for Comprehensive Health | ||||||
25 | Planning and other state agencies having responsibilities
| ||||||
26 | affecting health care facilities, including those of licensure |
| |||||||
| |||||||
1 | and cost
reporting. Beginning no later than January 1, 2013, | ||||||
2 | the Department of Public Health shall produce a written annual | ||||||
3 | report to the Governor and the General Assembly regarding the | ||||||
4 | development of the Center for Comprehensive Health Planning. | ||||||
5 | The Chairman of the State Board and the State Board | ||||||
6 | Administrator shall also receive a copy of the annual report.
| ||||||
7 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
8 | State
any grants or bequests of money, securities or property | ||||||
9 | for
use by the State Board or Center for Comprehensive Health | ||||||
10 | Planning in the administration of this Act; and enter into | ||||||
11 | contracts
consistent with the appropriations for purposes | ||||||
12 | enumerated in this Act.
| ||||||
13 | (7) The State Board shall prescribe procedures for review, | ||||||
14 | standards,
and criteria which shall be utilized
to make | ||||||
15 | periodic reviews and determinations of the appropriateness
of | ||||||
16 | any existing health services being rendered by health care | ||||||
17 | facilities
subject to the Act. The State Board shall consider | ||||||
18 | recommendations of the
Board in making its
determinations.
| ||||||
19 | (8) Prescribe, in consultation
with the Center for | ||||||
20 | Comprehensive Health Planning, rules, regulations,
standards, | ||||||
21 | and criteria for the conduct of an expeditious review of
| ||||||
22 | applications
for permits for projects of construction or | ||||||
23 | modification of a health care
facility, which projects are | ||||||
24 | classified as emergency, substantive, or non-substantive in | ||||||
25 | nature. | ||||||
26 | Six months after June 30, 2009 (the effective date of |
| |||||||
| |||||||
1 | Public Act 96-31), substantive projects shall include no more | ||||||
2 | than the following: | ||||||
3 | (a) Projects to construct (1) a new or replacement | ||||||
4 | facility located on a new site or
(2) a replacement | ||||||
5 | facility located on the same site as the original facility | ||||||
6 | and the cost of the replacement facility exceeds the | ||||||
7 | capital expenditure minimum, which shall be reviewed by the | ||||||
8 | Board within 120 days; | ||||||
9 | (b) Projects proposing a
(1) new service within an | ||||||
10 | existing healthcare facility or
(2) discontinuation of a | ||||||
11 | service within an existing healthcare facility, which | ||||||
12 | shall be reviewed by the Board within 60 days; or | ||||||
13 | (c) Projects proposing a change in the bed capacity of | ||||||
14 | a health care facility by an increase in the total number | ||||||
15 | of beds or by a redistribution of beds among various | ||||||
16 | categories of service or by a relocation of beds from one | ||||||
17 | physical facility or site to another by more than 20 beds | ||||||
18 | or more than 10% of total bed capacity, as defined by the | ||||||
19 | State Board, whichever is less, over a 2-year period. | ||||||
20 | The Chairman may approve applications for exemption that | ||||||
21 | meet the criteria set forth in rules or refer them to the full | ||||||
22 | Board. The Chairman may approve any unopposed application that | ||||||
23 | meets all of the review criteria or refer them to the full | ||||||
24 | Board. | ||||||
25 | Such rules shall
not abridge the right of the Center for | ||||||
26 | Comprehensive Health Planning to make
recommendations on the |
| |||||||
| |||||||
1 | classification and approval of projects, nor shall
such rules | ||||||
2 | prevent the conduct of a public hearing upon the timely request
| ||||||
3 | of an interested party. Such reviews shall not exceed 60 days | ||||||
4 | from the
date the application is declared to be complete.
| ||||||
5 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
6 | pertaining to the granting of permits for
construction
and | ||||||
7 | modifications which are emergent in nature and must be | ||||||
8 | undertaken
immediately to prevent or correct structural | ||||||
9 | deficiencies or hazardous
conditions that may harm or injure | ||||||
10 | persons using the facility, as defined
in the rules and | ||||||
11 | regulations of the State Board. This procedure is exempt
from | ||||||
12 | public hearing requirements of this Act.
| ||||||
13 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
14 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
15 | days, of applications for permits for projects to
construct or | ||||||
16 | modify health care facilities which are needed for the care
and | ||||||
17 | treatment of persons who have acquired immunodeficiency | ||||||
18 | syndrome (AIDS)
or related conditions.
| ||||||
19 | (11) Issue written decisions upon request of the applicant | ||||||
20 | or an adversely affected party to the Board within 30 days of | ||||||
21 | the meeting in which a final decision has been made . Requests | ||||||
22 | for a written decision shall be made within 30 days after the | ||||||
23 | Board meeting in which a final decision has been made. A "final | ||||||
24 | decision" for purposes of this Act is the decision to approve | ||||||
25 | or deny an application, or take other actions permitted under | ||||||
26 | this Act, at the time and date of the meeting that such action |
| |||||||
| |||||||
1 | is scheduled by the Board. The staff of the State Board shall | ||||||
2 | prepare a written copy of the final decision and the State | ||||||
3 | Board shall approve a final copy for inclusion in the formal | ||||||
4 | record. The Board shall consider, for approval, the written | ||||||
5 | draft of the final decision no later than the next scheduled | ||||||
6 | Board meeting. The written decision shall identify the | ||||||
7 | applicable criteria and factors listed in this Act and the | ||||||
8 | Board's regulations that were taken into consideration by the | ||||||
9 | Board when coming to a final decision. If the State Board | ||||||
10 | denies or fails to approve an application for permit or | ||||||
11 | exemption certificate , the State Board shall include in the | ||||||
12 | final decision a detailed explanation as to why the application | ||||||
13 | was denied and identify what specific criteria or standards the | ||||||
14 | applicant did not fulfill. | ||||||
15 | (12) Require at least one of its members to participate in | ||||||
16 | any public hearing, after the appointment of a majority of the | ||||||
17 | members to the Board. | ||||||
18 | (13) Provide a mechanism for the public to comment on, and | ||||||
19 | request changes to, draft rules and standards. | ||||||
20 | (14) Implement public information campaigns to regularly | ||||||
21 | inform the general public about the opportunity for public | ||||||
22 | hearings and public hearing procedures. | ||||||
23 | (15) Establish a separate set of rules and guidelines for | ||||||
24 | long-term care that recognizes that nursing homes are a | ||||||
25 | different business line and service model from other regulated | ||||||
26 | facilities. An open and transparent process shall be developed |
| |||||||
| |||||||
1 | that considers the following: how skilled nursing fits in the | ||||||
2 | continuum of care with other care providers, modernization of | ||||||
3 | nursing homes, establishment of more private rooms, | ||||||
4 | development of alternative services, and current trends in | ||||||
5 | long-term care services.
The Chairman of the Board shall | ||||||
6 | appoint a permanent Health Services Review Board Long-term Care | ||||||
7 | Facility Advisory Subcommittee that shall develop and | ||||||
8 | recommend to the Board the rules to be established by the Board | ||||||
9 | under this paragraph (15). The Subcommittee shall also provide | ||||||
10 | continuous review and commentary on policies and procedures | ||||||
11 | relative to long-term care and the review of related projects. | ||||||
12 | In consultation with other experts from the health field of | ||||||
13 | long-term care, the Board and the Subcommittee shall study new | ||||||
14 | approaches to the current bed need formula and Health Service | ||||||
15 | Area boundaries to encourage flexibility and innovation in | ||||||
16 | design models reflective of the changing long-term care | ||||||
17 | marketplace and consumer preferences. The Subcommittee shall | ||||||
18 | evaluate, and make recommendations to the State Board | ||||||
19 | regarding, the buying, selling, and exchange of beds between | ||||||
20 | long-term care facilities within a specified geographic area or | ||||||
21 | drive time. The Board shall file the proposed related | ||||||
22 | administrative rules for the separate rules and guidelines for | ||||||
23 | long-term care required by this paragraph (15) by no later than | ||||||
24 | September 30, 2011. The Subcommittee shall be provided a | ||||||
25 | reasonable and timely opportunity to review and comment on any | ||||||
26 | review, revision, or updating of the criteria, standards, |
| |||||||
| |||||||
1 | procedures, and rules used to evaluate project applications as | ||||||
2 | provided under Section 12.3 of this Act. | ||||||
3 | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | ||||||
4 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
5 | 97-813, eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. | ||||||
6 | 8-27-12; revised 10-11-12.)
|