|
Rep. William Davis
Filed: 4/11/2013
| | 09800HB2423ham002 | | LRB098 08704 JDS 44345 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 2423
|
2 | | AMENDMENT NO. ______. Amend House Bill 2423, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
|
5 | | "Section 5. The Illinois Health Facilities Planning Act is |
6 | | amended by changing Sections 3, 5, and 12 as follows:
|
7 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
|
8 | | (Section scheduled to be repealed on December 31, 2019) |
9 | | Sec. 3. Definitions. As used in this Act:
|
10 | | "Health care facilities" means and includes
the following |
11 | | facilities , and organizations , and related persons :
|
12 | | 1. An ambulatory surgical treatment center required to |
13 | | be licensed
pursuant to the Ambulatory Surgical Treatment |
14 | | Center Act;
|
15 | | 2. An institution, place, building, or agency required |
16 | | to be licensed
pursuant to the Hospital Licensing Act;
|
|
| | 09800HB2423ham002 | - 2 - | LRB098 08704 JDS 44345 a |
|
|
1 | | 3. Skilled and intermediate long term care facilities |
2 | | licensed under the
Nursing
Home Care Act;
|
3 | | 3.5. Skilled and intermediate care facilities licensed |
4 | | under the ID/DD Community Care Act; |
5 | | 3.7. Facilities licensed under the Specialized Mental |
6 | | Health Rehabilitation Act;
|
7 | | 4. Hospitals, nursing homes, ambulatory surgical |
8 | | treatment centers, or
kidney disease treatment centers
|
9 | | maintained by the State or any department or agency |
10 | | thereof;
|
11 | | 5. Kidney disease treatment centers, including a |
12 | | free-standing
hemodialysis unit required to be licensed |
13 | | under the End Stage Renal Disease Facility Act;
|
14 | | 6. An institution, place, building, or room used for |
15 | | the performance of
outpatient surgical procedures that is |
16 | | leased, owned, or operated by or on
behalf of an |
17 | | out-of-state facility;
|
18 | | 7. An institution, place, building, or room used for |
19 | | provision of a health care category of service as defined |
20 | | by the Board , including, but not limited to, cardiac |
21 | | catheterization and open heart surgery; and |
22 | | 8. An institution, place, building, or room used for |
23 | | provision of major medical equipment used in the direct |
24 | | clinical diagnosis or treatment of patients, and whose |
25 | | project cost is in excess of the capital expenditure |
26 | | minimum. |
|
| | 09800HB2423ham002 | - 3 - | LRB098 08704 JDS 44345 a |
|
|
1 | | This Act shall not apply to the construction of any new |
2 | | facility or the renovation of any existing facility located on |
3 | | any campus facility as defined in Section 5-5.8b of the |
4 | | Illinois Public Aid Code, provided that the campus facility |
5 | | encompasses 30 or more contiguous acres and that the new or |
6 | | renovated facility is intended for use by a licensed |
7 | | residential facility. |
8 | | No federally owned facility shall be subject to the |
9 | | provisions of this
Act, nor facilities used solely for healing |
10 | | by prayer or spiritual means.
|
11 | | No facility licensed under the Supportive Residences |
12 | | Licensing Act or the
Assisted Living and Shared Housing Act
|
13 | | shall be subject to the provisions of this Act.
|
14 | | No facility established and operating under the |
15 | | Alternative Health Care Delivery Act as a children's respite |
16 | | care center alternative health care model demonstration |
17 | | program or as an Alzheimer's Disease Management Center |
18 | | alternative health care model demonstration program shall be |
19 | | subject to the provisions of this Act. |
20 | | A facility designated as a supportive living facility that |
21 | | is in good
standing with the program
established under Section |
22 | | 5-5.01a of
the Illinois Public Aid Code shall not be subject to |
23 | | the provisions of this
Act.
|
24 | | This Act does not apply to facilities granted waivers under |
25 | | Section 3-102.2
of the Nursing Home Care Act. However, if a |
26 | | demonstration project under that
Act applies for a certificate
|
|
| | 09800HB2423ham002 | - 4 - | LRB098 08704 JDS 44345 a |
|
|
1 | | of need to convert to a nursing facility, it shall meet the |
2 | | licensure and
certificate of need requirements in effect as of |
3 | | the date of application. |
4 | | This Act does not apply to a dialysis facility that |
5 | | provides only dialysis training, support, and related services |
6 | | to individuals with end stage renal disease who have elected to |
7 | | receive home dialysis. This Act does not apply to a dialysis |
8 | | unit located in a licensed nursing home that offers or provides |
9 | | dialysis-related services to residents with end stage renal |
10 | | disease who have elected to receive home dialysis within the |
11 | | nursing home. The Board, however, may require these dialysis |
12 | | facilities and licensed nursing homes to report statistical |
13 | | information on a quarterly basis to the Board to be used by the |
14 | | Board to conduct analyses on the need for proposed kidney |
15 | | disease treatment centers.
|
16 | | This Act shall not apply to the closure of an entity or a |
17 | | portion of an
entity licensed under the Nursing Home Care Act, |
18 | | the Specialized Mental Health Rehabilitation Act, or the ID/DD |
19 | | Community Care Act, with the exceptions of facilities operated |
20 | | by a county or Illinois Veterans Homes, that elects to convert, |
21 | | in
whole or in part, to an assisted living or shared housing |
22 | | establishment
licensed under the Assisted Living and Shared |
23 | | Housing Act.
|
24 | | This Act does not apply to any change of ownership of a |
25 | | healthcare facility that is licensed under the Nursing Home |
26 | | Care Act, the Specialized Mental Health Rehabilitation Act, or |
|
| | 09800HB2423ham002 | - 5 - | LRB098 08704 JDS 44345 a |
|
|
1 | | the ID/DD Community Care Act, with the exceptions of facilities |
2 | | operated by a county or Illinois Veterans Homes. Changes of |
3 | | ownership of facilities licensed under the Nursing Home Care |
4 | | Act must meet the requirements set forth in Sections 3-101 |
5 | | through 3-119 of the Nursing Home Care Act.
|
6 | | With the exception of those health care facilities |
7 | | specifically
included in this Section, nothing in this Act |
8 | | shall be intended to
include facilities operated as a part of |
9 | | the practice of a physician or
other licensed health care |
10 | | professional, whether practicing in his
individual capacity or |
11 | | within the legal structure of any partnership,
medical or |
12 | | professional corporation, or unincorporated medical or
|
13 | | professional group. Further, this Act shall not apply to |
14 | | physicians or
other licensed health care professional's |
15 | | practices where such practices
are carried out in a portion of |
16 | | a health care facility under contract
with such health care |
17 | | facility by a physician or by other licensed
health care |
18 | | professionals, whether practicing in his individual capacity
|
19 | | or within the legal structure of any partnership, medical or
|
20 | | professional corporation, or unincorporated medical or |
21 | | professional
groups , unless the entity constructs, modifies, |
22 | | or establishes a health care facility as specifically defined |
23 | | in this Section . This Act shall apply to construction or
|
24 | | modification and to establishment by such health care facility |
25 | | of such
contracted portion which is subject to facility |
26 | | licensing requirements,
irrespective of the party responsible |
|
| | 09800HB2423ham002 | - 6 - | LRB098 08704 JDS 44345 a |
|
|
1 | | for such action or attendant
financial obligation. |
2 | | No permit or exemption is required for a facility licensed |
3 | | under the ID/DD Community Care Act prior to the reduction of |
4 | | the number of beds at a facility. If there is a total reduction |
5 | | of beds at a facility licensed under the ID/DD Community Care |
6 | | Act, this is a discontinuation or closure of the facility. |
7 | | However, if a facility licensed under the ID/DD Community Care |
8 | | Act reduces the number of beds or discontinues the facility, |
9 | | that facility must notify the Board as provided in Section 14.1 |
10 | | of this Act.
|
11 | | "Person" means any one or more natural persons, legal |
12 | | entities,
governmental bodies other than federal, or any |
13 | | combination thereof.
|
14 | | "Consumer" means any person other than a person (a) whose |
15 | | major
occupation currently involves or whose official capacity |
16 | | within the last
12 months has involved the providing, |
17 | | administering or financing of any
type of health care facility, |
18 | | (b) who is engaged in health research or
the teaching of |
19 | | health, (c) who has a material financial interest in any
|
20 | | activity which involves the providing, administering or |
21 | | financing of any
type of health care facility, or (d) who is or |
22 | | ever has been a member of
the immediate family of the person |
23 | | defined by (a), (b), or (c).
|
24 | | "State Board" or "Board" means the Health Facilities and |
25 | | Services Review Board.
|
26 | | "Construction or modification" means the establishment, |
|
| | 09800HB2423ham002 | - 7 - | LRB098 08704 JDS 44345 a |
|
|
1 | | erection,
building, alteration, reconstruction, modernization, |
2 | | improvement,
extension, discontinuation, change of ownership, |
3 | | of or by a health care
facility, or the purchase or acquisition |
4 | | by or through a health care facility
of
equipment or service |
5 | | for diagnostic or therapeutic purposes or for
facility |
6 | | administration or operation, or any capital expenditure made by
|
7 | | or on behalf of a health care facility which
exceeds the |
8 | | capital expenditure minimum; however, any capital expenditure
|
9 | | made by or on behalf of a health care facility for (i) the |
10 | | construction or
modification of a facility licensed under the |
11 | | Assisted Living and Shared
Housing Act or (ii) a conversion |
12 | | project undertaken in accordance with Section 30 of the Older |
13 | | Adult Services Act shall be excluded from any obligations under |
14 | | this Act.
|
15 | | "Establish" means the construction of a health care |
16 | | facility or the
replacement of an existing facility on another |
17 | | site or the initiation of a category of service as defined by |
18 | | the Board .
|
19 | | "Major medical equipment" means medical equipment which is |
20 | | used for the
provision of medical and other health services and |
21 | | which costs in excess
of the capital expenditure minimum, |
22 | | except that such term does not include
medical equipment |
23 | | acquired
by or on behalf of a clinical laboratory to provide |
24 | | clinical laboratory
services if the clinical laboratory is |
25 | | independent of a physician's office
and a hospital and it has |
26 | | been determined under Title XVIII of the Social
Security Act to |
|
| | 09800HB2423ham002 | - 8 - | LRB098 08704 JDS 44345 a |
|
|
1 | | meet the requirements of paragraphs (10) and (11) of Section
|
2 | | 1861(s) of such Act. In determining whether medical equipment |
3 | | has a value
in excess of the capital expenditure minimum, the |
4 | | value of studies, surveys,
designs, plans, working drawings, |
5 | | specifications, and other activities
essential to the |
6 | | acquisition of such equipment shall be included.
|
7 | | "Capital Expenditure" means an expenditure: (A) made by or |
8 | | on behalf of
a health care facility (as such a facility is |
9 | | defined in this Act); and
(B) which under generally accepted |
10 | | accounting principles is not properly
chargeable as an expense |
11 | | of operation and maintenance, or is made to obtain
by lease or |
12 | | comparable arrangement any facility or part thereof or any
|
13 | | equipment for a facility or part; and which exceeds the capital |
14 | | expenditure
minimum.
|
15 | | For the purpose of this paragraph, the cost of any studies, |
16 | | surveys, designs,
plans, working drawings, specifications, and |
17 | | other activities essential
to the acquisition, improvement, |
18 | | expansion, or replacement of any plant
or equipment with |
19 | | respect to which an expenditure is made shall be included
in |
20 | | determining if such expenditure exceeds the capital |
21 | | expenditures minimum.
Unless otherwise interdependent, or |
22 | | submitted as one project by the applicant, components of |
23 | | construction or modification undertaken by means of a single |
24 | | construction contract or financed through the issuance of a |
25 | | single debt instrument shall not be grouped together as one |
26 | | project. Donations of equipment
or facilities to a health care |
|
| | 09800HB2423ham002 | - 9 - | LRB098 08704 JDS 44345 a |
|
|
1 | | facility which if acquired directly by such
facility would be |
2 | | subject to review under this Act shall be considered capital
|
3 | | expenditures, and a transfer of equipment or facilities for |
4 | | less than fair
market value shall be considered a capital |
5 | | expenditure for purposes of this
Act if a transfer of the |
6 | | equipment or facilities at fair market value would
be subject |
7 | | to review.
|
8 | | "Capital expenditure minimum" means $11,500,000 for |
9 | | projects by hospital applicants, $6,500,000 for applicants for |
10 | | projects related to skilled and intermediate care long-term |
11 | | care facilities licensed under the Nursing Home Care Act, and |
12 | | $3,000,000 for projects by all other applicants, which shall be |
13 | | annually
adjusted to reflect the increase in construction costs |
14 | | due to inflation, for major medical equipment and for all other
|
15 | | capital expenditures.
|
16 | | "Non-clinical service area" means an area (i) for the |
17 | | benefit of the
patients, visitors, staff, or employees of a |
18 | | health care facility and (ii) not
directly related to the |
19 | | diagnosis, treatment, or rehabilitation of persons
receiving |
20 | | services from the health care facility. "Non-clinical service |
21 | | areas"
include, but are not limited to, chapels; gift shops; |
22 | | news stands; computer
systems; tunnels, walkways, and |
23 | | elevators; telephone systems; projects to
comply with life |
24 | | safety codes; educational facilities; student housing;
|
25 | | patient, employee, staff, and visitor dining areas; |
26 | | administration and
volunteer offices; modernization of |
|
| | 09800HB2423ham002 | - 10 - | LRB098 08704 JDS 44345 a |
|
|
1 | | structural components (such as roof
replacement and masonry |
2 | | work); boiler repair or replacement; vehicle
maintenance and |
3 | | storage facilities; parking facilities; mechanical systems for
|
4 | | heating, ventilation, and air conditioning; loading docks; and |
5 | | repair or
replacement of carpeting, tile, wall coverings, |
6 | | window coverings or treatments,
or furniture. Solely for the |
7 | | purpose of this definition, "non-clinical service
area" does |
8 | | not include health and fitness centers.
|
9 | | "Areawide" means a major area of the State delineated on a
|
10 | | geographic, demographic, and functional basis for health |
11 | | planning and
for health service and having within it one or |
12 | | more local areas for
health planning and health service. The |
13 | | term "region", as contrasted
with the term "subregion", and the |
14 | | word "area" may be used synonymously
with the term "areawide".
|
15 | | "Local" means a subarea of a delineated major area that on |
16 | | a
geographic, demographic, and functional basis may be |
17 | | considered to be
part of such major area. The term "subregion" |
18 | | may be used synonymously
with the term "local".
|
19 | | "Physician" means a person licensed to practice in |
20 | | accordance with
the Medical Practice Act of 1987, as amended.
|
21 | | "Licensed health care professional" means a person |
22 | | licensed to
practice a health profession under pertinent |
23 | | licensing statutes of the
State of Illinois.
|
24 | | "Director" means the Director of the Illinois Department of |
25 | | Public Health.
|
26 | | "Agency" means the Illinois Department of Public Health.
|
|
| | 09800HB2423ham002 | - 11 - | LRB098 08704 JDS 44345 a |
|
|
1 | | "Alternative health care model" means a facility or program |
2 | | authorized
under the Alternative Health Care Delivery Act.
|
3 | | "Out-of-state facility" means a person that is both (i) |
4 | | licensed as a
hospital or as an ambulatory surgery center under |
5 | | the laws of another state
or that
qualifies as a hospital or an |
6 | | ambulatory surgery center under regulations
adopted pursuant |
7 | | to the Social Security Act and (ii) not licensed under the
|
8 | | Ambulatory Surgical Treatment Center Act, the Hospital |
9 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of |
10 | | out-of-state facilities shall be
considered out-of-state |
11 | | facilities. Affiliates of Illinois licensed health
care |
12 | | facilities 100% owned by an Illinois licensed health care |
13 | | facility, its
parent, or Illinois physicians licensed to |
14 | | practice medicine in all its
branches shall not be considered |
15 | | out-of-state facilities. Nothing in
this definition shall be
|
16 | | construed to include an office or any part of an office of a |
17 | | physician licensed
to practice medicine in all its branches in |
18 | | Illinois that is not required to be
licensed under the |
19 | | Ambulatory Surgical Treatment Center Act.
|
20 | | "Change of ownership of a health care facility" means a |
21 | | change in the
person
who has ownership or
control of a health |
22 | | care facility's physical plant and capital assets. A change
in |
23 | | ownership is indicated by
the following transactions: sale, |
24 | | transfer, acquisition, lease, change of
sponsorship, or other |
25 | | means of
transferring control.
|
26 | | "Related person" means any person that: (i) is at least 50% |
|
| | 09800HB2423ham002 | - 12 - | LRB098 08704 JDS 44345 a |
|
|
1 | | owned, directly
or indirectly, by
either the health care |
2 | | facility or a person owning, directly or indirectly, at
least |
3 | | 50% of the health
care facility; or (ii) owns, directly or |
4 | | indirectly, at least 50% of the
health care facility.
|
5 | | "Charity care" means care provided by a health care |
6 | | facility for which the provider does not expect to receive |
7 | | payment from the patient or a third-party payer. |
8 | | "Freestanding emergency center" means a facility subject |
9 | | to licensure under Section 32.5 of the Emergency Medical |
10 | | Services (EMS) Systems Act. |
11 | | "Category of service" means a grouping by generic class of |
12 | | various types or levels of support functions, equipment, care, |
13 | | or treatment provided to patients or residents, including, but |
14 | | not limited to, classes such as medical-surgical, pediatrics, |
15 | | or cardiac catheterization. A category of service may include |
16 | | subcategories or levels of care that identify a particular |
17 | | degree or type of care within the category of service. Nothing |
18 | | in this definition shall be construed to include the practice |
19 | | of a physician or other licensed health care professional while |
20 | | functioning in an office providing for the care, diagnosis, or |
21 | | treatment of patients. |
22 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; |
23 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; |
24 | | 97-813, eff. 7-13-12; 97-980, eff. 8-17-12.)
|
25 | | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
|
|
| | 09800HB2423ham002 | - 13 - | LRB098 08704 JDS 44345 a |
|
|
1 | | (Section scheduled to be repealed on December 31, 2019)
|
2 | | Sec. 5. Construction, modification, or establishment of |
3 | | health care facilities or acquisition of major medical |
4 | | equipment; permits or exemptions. No person shall construct, |
5 | | modify or establish a
health care facility or acquire major |
6 | | medical equipment without first
obtaining a permit or exemption |
7 | | from the State
Board. The State Board shall not delegate to the |
8 | | staff of
the State Board or any other person or entity the |
9 | | authority to grant
permits or exemptions whenever the staff or |
10 | | other person or
entity would be required to exercise any |
11 | | discretion affecting the decision
to grant a permit or |
12 | | exemption. The State Board may, by rule, delegate authority to |
13 | | the Chairman to grant permits or exemptions when applications |
14 | | meet all of the State Board's review criteria and are |
15 | | unopposed.
|
16 | | A permit or exemption shall be obtained prior to the |
17 | | acquisition
of major medical equipment or to the construction |
18 | | or modification of a
health care facility which:
|
19 | | (a) requires a total capital expenditure in excess of |
20 | | the capital
expenditure
minimum; or
|
21 | | (b) substantially changes the scope or changes the |
22 | | functional operation
of the facility; or
|
23 | | (c) changes the bed capacity of a health care facility |
24 | | by increasing the
total number of beds or by distributing |
25 | | beds among
various categories of service or by relocating |
26 | | beds from one physical facility
or site to another by more |
|
| | 09800HB2423ham002 | - 14 - | LRB098 08704 JDS 44345 a |
|
|
1 | | than 20 beds or more than 10% of total bed
capacity as |
2 | | defined by the
State Board, whichever is less, over a 2 |
3 | | year period.
|
4 | | A permit shall be valid only for the defined construction |
5 | | or modifications,
site, amount and person named in the |
6 | | application for such permit and
shall not be transferable or |
7 | | assignable. A permit shall be valid until such
time as the |
8 | | project has been completed,
provided that the project
commences |
9 | | and proceeds to completion with due diligence by the completion |
10 | | date or extension date approved by the Board. |
11 | | A permit holder must do the following: (i) submit the final |
12 | | completion and cost report for the project within 90 days after |
13 | | the approved project completion date or extension date and (ii) |
14 | | submit annual progress reports no earlier than 30 days before |
15 | | and no later than 30 days after each anniversary date of the |
16 | | Board's approval of the permit until the project is completed. |
17 | | To maintain a valid permit and to monitor progress toward |
18 | | project commencement and completion, routine post-permit |
19 | | reports shall be limited to annual progress reports and the |
20 | | final completion and cost report. Annual progress reports shall |
21 | | include information regarding the committed funds expended |
22 | | toward the approved project. If the project is not completed in |
23 | | one year, then, by the second annual report, the permit holder |
24 | | shall expend 33% or more of the total project cost or shall |
25 | | make a commitment to expend 33% or more of the total project |
26 | | cost by signed contracts or other legal means, and the report |
|
| | 09800HB2423ham002 | - 15 - | LRB098 08704 JDS 44345 a |
|
|
1 | | shall contain information regarding those expenditures or |
2 | | commitments. If the project is to be completed in one year, |
3 | | then the first annual report shall contain the expenditure |
4 | | commitment information for the total project cost. The State |
5 | | Board may extend the expenditure commitment period after |
6 | | considering a permit holder's showing of good cause and request |
7 | | for additional time to complete the project. |
8 | | The Certificate of Need process required under this Act is |
9 | | designed to restrain rising health care costs by preventing |
10 | | unnecessary construction or modification of health care |
11 | | facilities. The Board must assure that the establishment, |
12 | | construction, or modification of a health care facility or the |
13 | | acquisition of major medical equipment is consistent with the |
14 | | public interest and that the proposed project is consistent |
15 | | with the orderly and economic development or acquisition of |
16 | | those facilities and equipment and is in accord with the |
17 | | standards, criteria, or plans of need adopted and approved by |
18 | | the Board. Board decisions regarding the construction of health |
19 | | care facilities must consider capacity, quality, value, and |
20 | | equity. Projects may deviate from the costs, fees, and expenses |
21 | | provided in their project cost information for the project's |
22 | | cost components, provided that the final total project cost |
23 | | does not exceed the approved permit amount. Project alterations |
24 | | shall not increase the total approved permit amount by more |
25 | | than the limit set forth under the Board's rules. |
26 | | Major construction
projects, for the purposes of this Act, |
|
| | 09800HB2423ham002 | - 16 - | LRB098 08704 JDS 44345 a |
|
|
1 | | shall include but are not limited
to: projects for the |
2 | | construction of new buildings; additions to existing
|
3 | | facilities; modernization projects
whose cost is in excess of |
4 | | $1,000,000 or 10% of the facilities' operating
revenue, |
5 | | whichever is less; and such other projects as the State Board |
6 | | shall
define and prescribe pursuant to this Act. |
7 | | Permits
for projects that have not been obligated within |
8 | | the prescribed obligation
period shall expire on the last day |
9 | | of that period.
|
10 | | The acquisition by any person of major medical equipment |
11 | | that will not
be owned by or located in a health care facility |
12 | | and that will not be used
to provide services to inpatients of |
13 | | a health care facility shall be exempt
from review provided |
14 | | that a notice is filed in accordance with exemption
|
15 | | requirements.
|
16 | | Notwithstanding any other provision of this Act, no permit |
17 | | or exemption is
required for the construction or modification |
18 | | of a non-clinical service area
of a health care facility.
|
19 | | (Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)
|
20 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
|
21 | | (Section scheduled to be repealed on December 31, 2019) |
22 | | Sec. 12. Powers and duties of State Board. For purposes of |
23 | | this Act,
the State Board
shall
exercise the following powers |
24 | | and duties:
|
25 | | (1) Prescribe rules,
regulations, standards, criteria, |
|
| | 09800HB2423ham002 | - 17 - | LRB098 08704 JDS 44345 a |
|
|
1 | | procedures or reviews which may vary
according to the purpose |
2 | | for which a particular review is being conducted
or the type of |
3 | | project reviewed and which are required to carry out the
|
4 | | provisions and purposes of this Act. Policies and procedures of |
5 | | the State Board shall take into consideration the priorities |
6 | | and needs of medically underserved areas and other health care |
7 | | services identified through the comprehensive health planning |
8 | | process, giving special consideration to the impact of projects |
9 | | on access to safety net services.
|
10 | | (2) Adopt procedures for public
notice and hearing on all |
11 | | proposed rules, regulations, standards,
criteria, and plans |
12 | | required to carry out the provisions of this Act.
|
13 | | (3) (Blank).
|
14 | | (4) Develop criteria and standards for health care |
15 | | facilities planning,
conduct statewide inventories of health |
16 | | care facilities, maintain an updated
inventory on the Board's |
17 | | web site reflecting the
most recent bed and service
changes and |
18 | | updated need determinations when new census data become |
19 | | available
or new need formulae
are adopted,
and
develop health |
20 | | care facility plans which shall be utilized in the review of
|
21 | | applications for permit under
this Act. Such health facility |
22 | | plans shall be coordinated by the Board
with pertinent State |
23 | | Plans. Inventories pursuant to this Section of skilled or |
24 | | intermediate care facilities licensed under the Nursing Home |
25 | | Care Act, skilled or intermediate care facilities licensed |
26 | | under the ID/DD Community Care Act, facilities licensed under |
|
| | 09800HB2423ham002 | - 18 - | LRB098 08704 JDS 44345 a |
|
|
1 | | the Specialized Mental Health Rehabilitation Act, or nursing |
2 | | homes licensed under the Hospital Licensing Act shall be |
3 | | conducted on an annual basis no later than July 1 of each year |
4 | | and shall include among the information requested a list of all |
5 | | services provided by a facility to its residents and to the |
6 | | community at large and differentiate between active and |
7 | | inactive beds.
|
8 | | In developing health care facility plans, the State Board |
9 | | shall consider,
but shall not be limited to, the following:
|
10 | | (a) The size, composition and growth of the population |
11 | | of the area
to be served;
|
12 | | (b) The number of existing and planned facilities |
13 | | offering similar
programs;
|
14 | | (c) The extent of utilization of existing facilities;
|
15 | | (d) The availability of facilities which may serve as |
16 | | alternatives
or substitutes;
|
17 | | (e) The availability of personnel necessary to the |
18 | | operation of the
facility;
|
19 | | (f) Multi-institutional planning and the establishment |
20 | | of
multi-institutional systems where feasible;
|
21 | | (g) The financial and economic feasibility of proposed |
22 | | construction
or modification; and
|
23 | | (h) In the case of health care facilities established |
24 | | by a religious
body or denomination, the needs of the |
25 | | members of such religious body or
denomination may be |
26 | | considered to be public need.
|
|
| | 09800HB2423ham002 | - 19 - | LRB098 08704 JDS 44345 a |
|
|
1 | | The health care facility plans which are developed and |
2 | | adopted in
accordance with this Section shall form the basis |
3 | | for the plan of the State
to deal most effectively with |
4 | | statewide health needs in regard to health
care facilities.
|
5 | | (5) Coordinate with the Center for Comprehensive Health |
6 | | Planning and other state agencies having responsibilities
|
7 | | affecting health care facilities, including those of licensure |
8 | | and cost
reporting. Beginning no later than January 1, 2013, |
9 | | the Department of Public Health shall produce a written annual |
10 | | report to the Governor and the General Assembly regarding the |
11 | | development of the Center for Comprehensive Health Planning. |
12 | | The Chairman of the State Board and the State Board |
13 | | Administrator shall also receive a copy of the annual report.
|
14 | | (6) Solicit, accept, hold and administer on behalf of the |
15 | | State
any grants or bequests of money, securities or property |
16 | | for
use by the State Board or Center for Comprehensive Health |
17 | | Planning in the administration of this Act; and enter into |
18 | | contracts
consistent with the appropriations for purposes |
19 | | enumerated in this Act.
|
20 | | (7) The State Board shall prescribe procedures for review, |
21 | | standards,
and criteria which shall be utilized
to make |
22 | | periodic reviews and determinations of the appropriateness
of |
23 | | any existing health services being rendered by health care |
24 | | facilities
subject to the Act. The State Board shall consider |
25 | | recommendations of the
Board in making its
determinations.
|
26 | | (8) Prescribe, in consultation
with the Center for |
|
| | 09800HB2423ham002 | - 20 - | LRB098 08704 JDS 44345 a |
|
|
1 | | Comprehensive Health Planning, rules, regulations,
standards, |
2 | | and criteria for the conduct of an expeditious review of
|
3 | | applications
for permits for projects of construction or |
4 | | modification of a health care
facility, which projects are |
5 | | classified as emergency, substantive, or non-substantive in |
6 | | nature. |
7 | | Six months after June 30, 2009 (the effective date of |
8 | | Public Act 96-31), substantive projects shall include no more |
9 | | than the following: |
10 | | (a) Projects to construct (1) a new or replacement |
11 | | facility located on a new site or
(2) a replacement |
12 | | facility located on the same site as the original facility |
13 | | and the cost of the replacement facility exceeds the |
14 | | capital expenditure minimum, which shall be reviewed by the |
15 | | Board within 120 days; |
16 | | (b) Projects proposing a
(1) new service within an |
17 | | existing healthcare facility or
(2) discontinuation of a |
18 | | service within an existing healthcare facility, which |
19 | | shall be reviewed by the Board within 60 days; or |
20 | | (c) Projects proposing a change in the bed capacity of |
21 | | a health care facility by an increase in the total number |
22 | | of beds or by a redistribution of beds among various |
23 | | categories of service or by a relocation of beds from one |
24 | | physical facility or site to another by more than 20 beds |
25 | | or more than 10% of total bed capacity, as defined by the |
26 | | State Board, whichever is less, over a 2-year period. |
|
| | 09800HB2423ham002 | - 21 - | LRB098 08704 JDS 44345 a |
|
|
1 | | The Chairman may approve applications for exemption that |
2 | | meet the criteria set forth in rules or refer them to the full |
3 | | Board. The Chairman may approve any unopposed application that |
4 | | meets all of the review criteria or refer them to the full |
5 | | Board. |
6 | | Such rules shall
not abridge the right of the Center for |
7 | | Comprehensive Health Planning to make
recommendations on the |
8 | | classification and approval of projects, nor shall
such rules |
9 | | prevent the conduct of a public hearing upon the timely request
|
10 | | of an interested party. Such reviews shall not exceed 60 days |
11 | | from the
date the application is declared to be complete.
|
12 | | (9) Prescribe rules, regulations,
standards, and criteria |
13 | | pertaining to the granting of permits for
construction
and |
14 | | modifications which are emergent in nature and must be |
15 | | undertaken
immediately to prevent or correct structural |
16 | | deficiencies or hazardous
conditions that may harm or injure |
17 | | persons using the facility, as defined
in the rules and |
18 | | regulations of the State Board. This procedure is exempt
from |
19 | | public hearing requirements of this Act.
|
20 | | (10) Prescribe rules,
regulations, standards and criteria |
21 | | for the conduct of an expeditious
review, not exceeding 60 |
22 | | days, of applications for permits for projects to
construct or |
23 | | modify health care facilities which are needed for the care
and |
24 | | treatment of persons who have acquired immunodeficiency |
25 | | syndrome (AIDS)
or related conditions.
|
26 | | (11) Issue written decisions upon request of the applicant |
|
| | 09800HB2423ham002 | - 22 - | LRB098 08704 JDS 44345 a |
|
|
1 | | or an adversely affected party to the Board within 30 days of |
2 | | the meeting in which a final decision has been made . Requests |
3 | | for a written decision shall be made within 15 days after the |
4 | | Board meeting in which a final decision has been made. A "final |
5 | | decision" for purposes of this Act is the decision to approve |
6 | | or deny an application, or take other actions permitted under |
7 | | this Act, at the time and date of the meeting that such action |
8 | | is scheduled by the Board. The staff of the State Board shall |
9 | | prepare a written copy of the final decision and the State |
10 | | Board shall approve a final copy for inclusion in the formal |
11 | | record. The Board shall consider, for approval, the written |
12 | | draft of the final decision no later than the next scheduled |
13 | | Board meeting. The written decision shall identify the |
14 | | applicable criteria and factors listed in this Act and the |
15 | | Board's regulations that were taken into consideration by the |
16 | | Board when coming to a final decision. If the State Board |
17 | | denies or fails to approve an application for permit or |
18 | | exemption certificate , the State Board shall include in the |
19 | | final decision a detailed explanation as to why the application |
20 | | was denied and identify what specific criteria or standards the |
21 | | applicant did not fulfill. |
22 | | (12) Require at least one of its members to participate in |
23 | | any public hearing, after the appointment of a majority of the |
24 | | members to the Board. |
25 | | (13) Provide a mechanism for the public to comment on, and |
26 | | request changes to, draft rules and standards. |
|
| | 09800HB2423ham002 | - 23 - | LRB098 08704 JDS 44345 a |
|
|
1 | | (14) Implement public information campaigns to regularly |
2 | | inform the general public about the opportunity for public |
3 | | hearings and public hearing procedures. |
4 | | (15) Establish a separate set of rules and guidelines for |
5 | | long-term care that recognizes that nursing homes are a |
6 | | different business line and service model from other regulated |
7 | | facilities. An open and transparent process shall be developed |
8 | | that considers the following: how skilled nursing fits in the |
9 | | continuum of care with other care providers, modernization of |
10 | | nursing homes, establishment of more private rooms, |
11 | | development of alternative services, and current trends in |
12 | | long-term care services.
The Chairman of the Board shall |
13 | | appoint a permanent Health Services Review Board Long-term Care |
14 | | Facility Advisory Subcommittee that shall develop and |
15 | | recommend to the Board the rules to be established by the Board |
16 | | under this paragraph (15). The Subcommittee shall also provide |
17 | | continuous review and commentary on policies and procedures |
18 | | relative to long-term care and the review of related projects. |
19 | | In consultation with other experts from the health field of |
20 | | long-term care, the Board and the Subcommittee shall study new |
21 | | approaches to the current bed need formula and Health Service |
22 | | Area boundaries to encourage flexibility and innovation in |
23 | | design models reflective of the changing long-term care |
24 | | marketplace and consumer preferences. The Subcommittee shall |
25 | | evaluate, and make recommendations to the State Board |
26 | | regarding, the buying, selling, and exchange of beds between |
|
| | 09800HB2423ham002 | - 24 - | LRB098 08704 JDS 44345 a |
|
|
1 | | long-term care facilities within a specified geographic area or |
2 | | drive time. The Board shall file the proposed related |
3 | | administrative rules for the separate rules and guidelines for |
4 | | long-term care required by this paragraph (15) by no later than |
5 | | September 30, 2011. The Subcommittee shall be provided a |
6 | | reasonable and timely opportunity to review and comment on any |
7 | | review, revision, or updating of the criteria, standards, |
8 | | procedures, and rules used to evaluate project applications as |
9 | | provided under Section 12.3 of this Act. |
10 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; |
11 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; |
12 | | 97-813, eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. |
13 | | 8-27-12; revised 10-11-12.)".
|