Illinois General Assembly - Full Text of HB4431
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Full Text of HB4431  101st General Assembly

HB4431 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4431

 

Introduced 2/3/2020, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3960/14.1

    Amends the Illinois Health Facilities Planning Act. Provides a fine for a permit or exemption holder who fails to comply with specified requirements of the Illinois Administrative Code. Effective immediately.


LRB101 18771 RJF 68226 b

 

 

A BILL FOR

 

HB4431LRB101 18771 RJF 68226 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 14.1 as follows:
 
6    (20 ILCS 3960/14.1)
7    (Section scheduled to be repealed on December 31, 2029)
8    Sec. 14.1. Denial of permit; other sanctions.
9    (a) The State Board may deny an application for a permit or
10may revoke or take other action as permitted by this Act with
11regard to a permit as the State Board deems appropriate,
12including the imposition of fines as set forth in this Section,
13for any one or a combination of the following:
14        (1) The acquisition of major medical equipment without
15    a permit or in violation of the terms of a permit.
16        (2) The establishment, construction, modification, or
17    change of ownership of a health care facility without a
18    permit or exemption or in violation of the terms of a
19    permit.
20        (3) The violation of any provision of this Act or any
21    rule adopted under this Act.
22        (4) The failure, by any person subject to this Act, to
23    provide information requested by the State Board or Agency

 

 

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1    within 30 days after a formal written request for the
2    information.
3        (5) The failure to pay any fine imposed under this
4    Section within 30 days of its imposition.
5    (a-5) For facilities licensed under the ID/DD Community
6Care Act, no permit shall be denied on the basis of prior
7operator history, other than for actions specified under item
8(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
9Act. For facilities licensed under the MC/DD Act, no permit
10shall be denied on the basis of prior operator history, other
11than for actions specified under item (2), (4), or (5) of
12Section 3-117 of the MC/DD Act. For facilities licensed under
13the Specialized Mental Health Rehabilitation Act of 2013, no
14permit shall be denied on the basis of prior operator history,
15other than for actions specified under subsections (a) and (b)
16of Section 4-109 of the Specialized Mental Health
17Rehabilitation Act of 2013. For facilities licensed under the
18Nursing Home Care Act, no permit shall be denied on the basis
19of prior operator history, other than for: (i) actions
20specified under item (2), (3), (4), (5), or (6) of Section
213-117 of the Nursing Home Care Act; (ii) actions specified
22under item (a)(6) of Section 3-119 of the Nursing Home Care
23Act; or (iii) actions within the preceding 5 years constituting
24a substantial and repeated failure to comply with the Nursing
25Home Care Act or the rules and regulations adopted by the
26Department under that Act. The State Board shall not deny a

 

 

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1permit on account of any action described in this subsection
2(a-5) without also considering all such actions in the light of
3all relevant information available to the State Board,
4including whether the permit is sought to substantially comply
5with a mandatory or voluntary plan of correction associated
6with any action described in this subsection (a-5).
7    (b) Persons shall be subject to fines as follows:
8        (1) A permit holder who fails to comply with the
9    requirements of maintaining a valid permit shall be fined
10    an amount not to exceed 1% of the approved permit amount
11    plus an additional 1% of the approved permit amount for
12    each 30-day period, or fraction thereof, that the violation
13    continues.
14        (2) A permit holder who alters the scope of an approved
15    project or whose project costs exceed the allowable permit
16    amount without first obtaining approval from the State
17    Board shall be fined an amount not to exceed the sum of (i)
18    the lesser of $25,000 or 2% of the approved permit amount
19    and (ii) in those cases where the approved permit amount is
20    exceeded by more than $1,000,000, an additional $20,000 for
21    each $1,000,000, or fraction thereof, in excess of the
22    approved permit amount.
23        (2.5) A permit or exemption holder who fails to comply
24    with the post-permit and reporting requirements set forth
25    in Sections 5 and 8.5 of this Act, or as set forth in
26    Section 1130.570 of Title 77 of the Illinois Administrative

 

 

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1    Code, shall be fined an amount not to exceed $10,000 plus
2    an additional $10,000 for each 30-day period, or fraction
3    thereof, that the violation continues. The accrued fine is
4    not waived by the permit or exemption holder submitting the
5    required information and reports. Prior to any fine
6    beginning to accrue, the Board shall notify, in writing, a
7    permit or exemption holder of the due date for the
8    post-permit and reporting requirements no later than 30
9    days before the due date for the requirements. The
10    exemption letter shall serve as the notice for exemptions.
11        (3) A person who acquires major medical equipment or
12    who establishes a category of service without first
13    obtaining a permit or exemption, as the case may be, shall
14    be fined an amount not to exceed $10,000 for each such
15    acquisition or category of service established plus an
16    additional $10,000 for each 30-day period, or fraction
17    thereof, that the violation continues.
18        (4) A person who constructs, modifies, establishes, or
19    changes ownership of a health care facility without first
20    obtaining a permit or exemption shall be fined an amount
21    not to exceed $25,000 plus an additional $25,000 for each
22    30-day period, or fraction thereof, that the violation
23    continues.
24        (5) A person who discontinues a health care facility or
25    a category of service without first obtaining a permit or
26    exemption shall be fined an amount not to exceed $10,000

 

 

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1    plus an additional $10,000 for each 30-day period, or
2    fraction thereof, that the violation continues. For
3    purposes of this subparagraph (5), facilities licensed
4    under the Nursing Home Care Act, the ID/DD Community Care
5    Act, or the MC/DD Act, with the exceptions of facilities
6    operated by a county or Illinois Veterans Homes, are exempt
7    from this permit requirement. However, facilities licensed
8    under the Nursing Home Care Act, the ID/DD Community Care
9    Act, or the MC/DD Act must comply with Section 3-423 of the
10    Nursing Home Care Act, Section 3-423 of the ID/DD Community
11    Care Act, or Section 3-423 of the MC/DD Act and must
12    provide the Board and the Department of Human Services with
13    30 days' written notice of their intent to close.
14    Facilities licensed under the ID/DD Community Care Act or
15    the MC/DD Act also must provide the Board and the
16    Department of Human Services with 30 days' written notice
17    of their intent to reduce the number of beds for a
18    facility.
19        (6) A person subject to this Act who fails to provide
20    information requested by the State Board or Agency within
21    30 days of a formal written request shall be fined an
22    amount not to exceed $1,000 plus an additional $1,000 for
23    each 30-day period, or fraction thereof, that the
24    information is not received by the State Board or Agency.
25    (b-5) The State Board may accept in-kind services or
26donations instead of or in combination with the imposition of a

 

 

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1fine. This authorization is limited to cases where the
2non-compliant individual or entity has waived the right to an
3administrative hearing or opportunity to appear before the
4Board regarding the non-compliant matter.
5    (c) Before imposing any fine authorized under this Section,
6the State Board shall afford the person or permit holder, as
7the case may be, an appearance before the State Board and an
8opportunity for a hearing before a hearing officer appointed by
9the State Board. The hearing shall be conducted in accordance
10with Section 10. Requests for an appearance before the State
11Board must be made within 30 days after receiving notice that a
12fine will be imposed.
13    (d) All fines collected under this Act shall be transmitted
14to the State Treasurer, who shall deposit them into the
15Illinois Health Facilities Planning Fund.
16    (e) Fines imposed under this Section shall continue to
17accrue until: (i) the date that the matter is referred by the
18State Board to the Board's legal counsel; or (ii) the date that
19the health care facility becomes compliant with the Act,
20whichever is earlier.
21(Source: P.A. 99-114, eff. 7-23-15; 99-180, eff. 7-29-15;
2299-527, eff. 1-1-17; 99-642, eff. 6-28-16; 100-681, eff.
238-3-18.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.