Illinois General Assembly - Full Text of SB0469
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Full Text of SB0469  95th General Assembly



State of Illinois
2007 and 2008


Introduced 2/8/2007, by Sen. Bill Brady - Pamela J. Althoff - J. Bradley Burzynski - Dale A. Righter


20 ILCS 3960/4   from Ch. 111 1/2, par. 1154
20 ILCS 3960/12   from Ch. 111 1/2, par. 1162
20 ILCS 3960/12.3
20 ILCS 3960/13.2 new
20 ILCS 3960/19.6
30 ILCS 105/8h

    Amends the Illinois Health Facilities Planning Act. Extends the sunset of the Act to June 30, 2011 (instead of April 1, 2007). Provides that the Health Facilities Planning Board shall consist of 4 consumer members and 5 health care professionals (instead of 5 appointed members). Provides for the terms of the new members. Deletes a provision that prohibits State Board members from being appointed or serving if they have a spouse, parent, or child who is a member of the Board of Directors of, or has a financial or business interest with, a health care facility. Requires the Board to create a 3-member rules revision subcommittee. Requires the Board to prepare written opinions. Provides that the Board has the burden of proving that the proposed construction, modification, or expenditure is not necessary before it denies an application for a permit. Amends the State Finance Act to exclude the Illinois Health Facilities Planning Fund from a Section of the Act that allows the State Treasurer to transfer funds from certain special funds into the General Revenue Fund. Effective immediately.

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SB0469 LRB095 06380 HLH 26476 b

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 4, 12, 12.3, and 19.6 and by
6 adding Section 13.2 as follows:
7     (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
8     (Section scheduled to be repealed on April 1, 2007)
9     Sec. 4. Health Facilities Planning Board; membership;
10 appointment; term; compensation; quorum. There is created the
11 Health Facilities Planning Board, which shall perform the
12 functions described in this Act.
13     The State Board shall consist of 4 consumer voting members
14 5 voting members. Each consumer voting member shall have a
15 reasonable knowledge of health planning, health finance, or
16 health care at the time of his or her appointment. The 4
17 consumer voting members shall be the board members who are
18 serving immediately prior to the effective date of this
19 amendatory Act of the 95th General Assembly. They shall serve
20 until their terms expire. The successor consumer voting members
21 shall be appointed as provided in this Section. No person shall
22 be appointed or continue to serve as a consumer voting member
23 of the State Board who is, or whose spouse, parent, or child



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1 is, a member of the Board of Directors of, has a financial
2 interest in, or has a business relationship with a health care
3 facility.
4     The State Board shall also consist of the following 5
5 health care professionals who shall be voting members:
6         (1) One member representing hospitals in Illinois.
7         (2) One member who is a professional nurse registered
8     in Illinois.
9         (3) One member who is a physician in active private
10     practice who is licensed in Illinois to practice medicine
11     in all of its branches.
12         (4) One member who is actively engaged in the field of
13     skilled nursing or intermediate care facility management.
14         (5) One member who has an extensive background in
15     private and public health care finance.
16     Two of the initially appointed health care professionals
17 shall serve 1-year terms, 2 shall serve 2-year terms, and one
18 shall serve a 3-year term. Their successors shall serve 3-year
19 terms.
20     Notwithstanding any provision of this Section to the
21 contrary, the term of office of each member of the State Board
22 is abolished on the effective date of this amendatory Act of
23 the 93rd General Assembly and those members no longer hold
24 office.
25     All members of the The State Board shall be appointed by
26 the Governor, with the advice and consent of the Senate. Not



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1 more than 5 3 of the appointments shall be of the same
2 political party at the time of the appointment. No person shall
3 be appointed as a State Board member if that person has served,
4 after the effective date of Public Act 93-41, 2 3-year terms as
5 a State Board member, except for ex officio non-voting members.
6     The Secretary of Human Services, the Director of Healthcare
7 and Family Services Public Aid, and the Director of Public
8 Health, or their designated representatives, shall serve as
9 ex-officio, non-voting members of the State Board.
10     Of those members initially appointed by the Governor under
11 this amendatory Act of the 93rd General Assembly, 2 shall serve
12 for terms expiring July 1, 2005, 2 shall serve for terms
13 expiring July 1, 2006, and 1 shall serve for a term expiring
14 July 1, 2007. Thereafter, each appointed member shall hold
15 office for a term of 3 years, provided that any member
16 appointed to fill a vacancy occurring prior to the expiration
17 of the term for which his or her predecessor was appointed
18 shall be appointed for the remainder of such term and the term
19 of office of each successor shall commence on July 1 of the
20 year in which his predecessor's term expires. Each member
21 appointed after the effective date of this amendatory Act of
22 the 93rd General Assembly shall hold office until his or her
23 successor is appointed and qualified.
24     State Board members, while serving on business of the State
25 Board, shall receive actual and necessary travel and
26 subsistence expenses while so serving away from their places of



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1 residence. A member of the State Board who experiences a
2 significant financial hardship due to the loss of income on
3 days of attendance at meetings or while otherwise engaged in
4 the business of the State Board may be paid a hardship
5 allowance, as determined by and subject to the approval of the
6 Governor's Travel Control Board.
7     The Governor shall designate one of the members to serve as
8 Chairman and shall name as full-time Executive Secretary of the
9 State Board, a person qualified in health care facility
10 planning and in administration. The Agency shall provide
11 administrative and staff support for the State Board. The State
12 Board shall advise the Director of its budgetary and staff
13 needs and consult with the Director on annual budget
14 preparation.
15     The State Board shall meet at least once each quarter, or
16 as often as the Chairman of the State Board deems necessary, or
17 upon the request of a majority of the members.
18      Five Three members of the State Board shall constitute a
19 quorum. The affirmative vote of 5 3 of the members of the State
20 Board shall be necessary for any action requiring a vote to be
21 taken by the State Board. A vacancy in the membership of the
22 State Board shall not impair the right of a quorum to exercise
23 all the rights and perform all the duties of the State Board as
24 provided by this Act.
25     A State Board member shall disqualify himself or herself
26 from the consideration of any application for a permit or



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1 exemption in which the State Board member or the State Board
2 member's spouse, parent, or child: (i) has an economic interest
3 in the matter; or (ii) is employed by, serves as a consultant
4 for, or is a member of the governing board of the applicant or
5 a party opposing the application.
6 (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04; revised
7 8-21-06.)
8     (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
9     (Section scheduled to be repealed on April 1, 2007)
10     Sec. 12. Powers and duties of State Board. For purposes of
11 this Act, the State Board shall exercise the following powers
12 and duties:
13     (1) Prescribe rules, regulations, standards, criteria,
14 procedures or reviews which may vary according to the purpose
15 for which a particular review is being conducted or the type of
16 project reviewed and which are required to carry out the
17 provisions and purposes of this Act.
18     (2) Adopt procedures for public notice and hearing on all
19 proposed rules, regulations, standards, criteria, and plans
20 required to carry out the provisions of this Act.
21     (3) Prescribe criteria for recognition for areawide health
22 planning organizations, including, but not limited to,
23 standards for evaluating the scientific bases for judgments on
24 need and procedure for making these determinations.
25     (4) Develop criteria and standards for health care



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1 facilities planning, conduct statewide inventories of health
2 care facilities, maintain an updated inventory on the
3 Department's web site reflecting the most recent bed and
4 service changes and updated need determinations when new census
5 data become available or new need formulae are adopted, and
6 develop health care facility plans which shall be utilized in
7 the review of applications for permit under this Act. Such
8 health facility plans shall be coordinated by the Agency with
9 the health care facility plans areawide health planning
10 organizations and with other pertinent State Plans.
11 Inventories pursuant to this Section of skilled or intermediate
12 care facilities licensed under the Nursing Home Care Act or
13 nursing homes licensed under the Hospital Licensing Act shall
14 be conducted on an annual basis no later than July 1 of each
15 year and shall include among the information requested a list
16 of all services provided by a facility to its residents and to
17 the community at large and differentiate between active and
18 inactive beds.
19     In developing health care facility plans, the State Board
20 shall consider, but shall not be limited to, the following:
21         (a) The size, composition and growth of the population
22     of the area to be served;
23         (b) The number of existing and planned facilities
24     offering similar programs;
25         (c) The extent of utilization of existing facilities;
26         (d) The availability of facilities which may serve as



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1     alternatives or substitutes;
2         (e) The availability of personnel necessary to the
3     operation of the facility;
4         (f) Multi-institutional planning and the establishment
5     of multi-institutional systems where feasible;
6         (g) The financial and economic feasibility of proposed
7     construction or modification; and
8         (h) In the case of health care facilities established
9     by a religious body or denomination, the needs of the
10     members of such religious body or denomination may be
11     considered to be public need.
12     The health care facility plans which are developed and
13 adopted in accordance with this Section shall form the basis
14 for the plan of the State to deal most effectively with
15 statewide health needs in regard to health care facilities.
16     (5) Coordinate with other state agencies having
17 responsibilities affecting health care facilities, including
18 those of licensure and cost reporting.
19     (6) Solicit, accept, hold and administer on behalf of the
20 State any grants or bequests of money, securities or property
21 for use by the State Board or recognized areawide health
22 planning organizations in the administration of this Act; and
23 enter into contracts consistent with the appropriations for
24 purposes enumerated in this Act.
25     (7) The State Board shall prescribe, in consultation with
26 the recognized areawide health planning organizations,



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1 procedures for review, standards, and criteria which shall be
2 utilized to make periodic areawide reviews and determinations
3 of the appropriateness of any existing health services being
4 rendered by health care facilities subject to the Act. The
5 State Board shall consider recommendations of the areawide
6 health planning organization and the Agency in making its
7 determinations.
8     (8) Prescribe, in consultation with the recognized
9 areawide health planning organizations, rules, regulations,
10 standards, and criteria for the conduct of an expeditious
11 review of applications for permits for projects of construction
12 or modification of a health care facility, which projects are
13 non-substantive in nature. Such rules shall not abridge the
14 right of areawide health planning organizations to make
15 recommendations on the classification and approval of
16 projects, nor shall such rules prevent the conduct of a public
17 hearing upon the timely request of an interested party. Such
18 reviews shall not exceed 60 days from the date the application
19 is declared to be complete by the Agency.
20     (9) Prescribe rules, regulations, standards, and criteria
21 pertaining to the granting of permits for construction and
22 modifications which are emergent in nature and must be
23 undertaken immediately to prevent or correct structural
24 deficiencies or hazardous conditions that may harm or injure
25 persons using the facility, as defined in the rules and
26 regulations of the State Board. This procedure is exempt from



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1 public hearing requirements of this Act.
2     (10) Prescribe rules, regulations, standards and criteria
3 for the conduct of an expeditious review, not exceeding 60
4 days, of applications for permits for projects to construct or
5 modify health care facilities which are needed for the care and
6 treatment of persons who have acquired immunodeficiency
7 syndrome (AIDS) or related conditions.
8     (11) Create a 3-member rules revision subcommittee, which
9 will hold at least 2 rule revision meetings each year. The rule
10 revision meetings must allow all parties to offer rule revision
11 suggestions to the subcommittee. The rule revision
12 subcommittee shall report to the full Board at least annually
13 with any rule change recommendations.
14     (12) Any final decision of the State Board shall be
15 accompanied by a written opinion prepared by the Board. The
16 opinion shall include a statement of findings and conclusions
17 with respect to all the material issues of fact, law, and
18 discretion presented on the record. The written opinion shall
19 be served on all parties by mailing a copy in a sealed package
20 with postage prepaid.
21 (Source: P.A. 93-41, eff. 6-27-03; 94-983, eff. 6-30-06.)
22     (20 ILCS 3960/12.3)
23     (Section scheduled to be repealed on April 1, 2007)
24     Sec. 12.3. Revision of criteria, standards, and rules.
25 Before December 31, 2004, the State Board shall review, revise,



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1 and promulgate the criteria, standards, and rules used to
2 evaluate applications for permit. To the extent practicable,
3 the criteria, standards, and rules shall be based on objective
4 criteria. In particular, the review of the criteria, standards,
5 and rules shall consider:
6         (1) Whether the criteria and standards reflect current
7     industry standards and anticipated trends.
8         (2) Whether the criteria and standards can be reduced
9     or eliminated.
10         (3) Whether criteria and standards can be developed to
11     authorize the construction of unfinished space for future
12     use when the ultimate need for such space can be reasonably
13     projected.
14         (4) Whether the criteria and standards take into
15     account issues related to population growth and changing
16     demographics in a community.
17         (5) Whether facility-defined service and planning
18     areas should be recognized.
19     The rules shall identify and give special consideration to
20 areas of the State with high population growth. Population
21 growth must be measured based on past population and projected
22 population, as established by an organization that specializes
23 in projecting population growth. Travel time and traffic
24 congestion shall be factors in determining health facility
25 needs in designated high population growth areas.
26 (Source: P.A. 93-41, eff. 6-27-03.)



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1     (20 ILCS 3960/13.2 new)
2     Sec. 13.2. Denial of permits; burden of proof. With respect
3 to the denial of an application for a permit under this Act,
4 the State Board shall have the burden of showing that the
5 proposed construction, modification, or expenditure is not
6 needed.
7     (20 ILCS 3960/19.6)
8     (Section scheduled to be repealed on April 1, 2007)
9     Sec. 19.6. Repeal. This Act is repealed on June 30, 2011
10 April 1, 2007.
11 (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04; 94-983,
12 eff. 6-30-06.)
13     Section 10. The State Finance Act is amended by changing
14 Section 8h as follows:
15     (30 ILCS 105/8h)
16     Sec. 8h. Transfers to General Revenue Fund.
17     (a) Except as otherwise provided in this Section and
18 Section 8n of this Act, and (c), (d), or (e), notwithstanding
19 any other State law to the contrary, the Governor may, through
20 June 30, 2007, from time to time direct the State Treasurer and
21 Comptroller to transfer a specified sum from any fund held by
22 the State Treasurer to the General Revenue Fund in order to



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1 help defray the State's operating costs for the fiscal year.
2 The total transfer under this Section from any fund in any
3 fiscal year shall not exceed the lesser of (i) 8% of the
4 revenues to be deposited into the fund during that fiscal year
5 or (ii) an amount that leaves a remaining fund balance of 25%
6 of the July 1 fund balance of that fiscal year. In fiscal year
7 2005 only, prior to calculating the July 1, 2004 final
8 balances, the Governor may calculate and direct the State
9 Treasurer with the Comptroller to transfer additional amounts
10 determined by applying the formula authorized in Public Act
11 93-839 to the funds balances on July 1, 2003. No transfer may
12 be made from a fund under this Section that would have the
13 effect of reducing the available balance in the fund to an
14 amount less than the amount remaining unexpended and unreserved
15 from the total appropriation from that fund estimated to be
16 expended for that fiscal year. This Section does not apply to
17 any funds that are restricted by federal law to a specific use,
18 to any funds in the Motor Fuel Tax Fund, the Intercity
19 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
20 Provider Relief Fund, the Teacher Health Insurance Security
21 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
22 the Voters' Guide Fund, the Foreign Language Interpreter Fund,
23 the Lawyers' Assistance Program Fund, the Supreme Court Federal
24 Projects Fund, the Supreme Court Special State Projects Fund,
25 the Supplemental Low-Income Energy Assistance Fund, the Good
26 Samaritan Energy Trust Fund, the Low-Level Radioactive Waste



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1 Facility Development and Operation Fund, the Horse Racing
2 Equity Trust Fund, or the Hospital Basic Services Preservation
3 Fund, or to any funds to which subsection (f) of Section 20-40
4 of the Nursing and Advanced Practice Nursing Act applies. No
5 transfers may be made under this Section from the Pet
6 Population Control Fund. Notwithstanding any other provision
7 of this Section, for fiscal year 2004, the total transfer under
8 this Section from the Road Fund or the State Construction
9 Account Fund shall not exceed the lesser of (i) 5% of the
10 revenues to be deposited into the fund during that fiscal year
11 or (ii) 25% of the beginning balance in the fund. For fiscal
12 year 2005 through fiscal year 2007, no amounts may be
13 transferred under this Section from the Road Fund, the State
14 Construction Account Fund, the Criminal Justice Information
15 Systems Trust Fund, the Wireless Service Emergency Fund, or the
16 Mandatory Arbitration Fund.
17     In determining the available balance in a fund, the
18 Governor may include receipts, transfers into the fund, and
19 other resources anticipated to be available in the fund in that
20 fiscal year.
21     The State Treasurer and Comptroller shall transfer the
22 amounts designated under this Section as soon as may be
23 practicable after receiving the direction to transfer from the
24 Governor.
25     (a-5) Transfers directed to be made under this Section on
26 or before February 28, 2006 that are still pending on May 19,



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1 2006 (the effective date of Public Act 94-774) this amendatory
2 Act of the 94th General Assembly shall be redirected as
3 provided in Section 8n of this Act.
4     (b) This Section does not apply to: (i) the Ticket For The
5 Cure Fund; (ii) any fund established under the Community Senior
6 Services and Resources Act; or (iii) on or after January 1,
7 2006 (the effective date of Public Act 94-511), the Child Labor
8 and Day and Temporary Labor Enforcement Fund.
9     (c) This Section does not apply to the Demutualization
10 Trust Fund established under the Uniform Disposition of
11 Unclaimed Property Act.
12     (d) This Section does not apply to moneys set aside in the
13 Illinois State Podiatric Disciplinary Fund for podiatric
14 scholarships and residency programs under the Podiatric
15 Scholarship and Residency Act.
16     (e) Subsection (a) does not apply to, and no transfer may
17 be made under this Section from, the Pension Stabilization
18 Fund.
19     (f) This Section does not apply to the Illinois Health
20 Facilities Planning Fund.
21 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
22 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
23 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
24 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
25 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
26 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;



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1 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff.
2 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839,
3 eff. 6-6-06; revised 6-19-06.)
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.