Illinois General Assembly - Full Text of HB2423
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Full Text of HB2423  98th General Assembly




HB2423 EnrolledLRB098 08704 JDS 38826 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 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7    (Section scheduled to be repealed on December 31, 2019)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
10facilities, 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



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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, cardiac
13    catheterization and open heart surgery; and
14        8. An institution, place, building, or room used for
15    provision of major medical equipment used in the direct
16    clinical diagnosis or treatment of patients, and whose
17    project cost is in excess of the capital expenditure
18    minimum.
19    This Act shall not apply to the construction of any new
20facility or the renovation of any existing facility located on
21any campus facility as defined in Section 5-5.8b of the
22Illinois Public Aid Code, provided that the campus facility
23encompasses 30 or more contiguous acres and that the new or
24renovated facility is intended for use by a licensed
25residential facility.
26    No federally owned facility shall be subject to the



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1provisions of this Act, nor facilities used solely for healing
2by prayer or spiritual means.
3    No facility licensed under the Supportive Residences
4Licensing Act or the Assisted Living and Shared Housing Act
5shall be subject to the provisions of this Act.
6    No facility established and operating under the
7Alternative Health Care Delivery Act as a children's respite
8care center alternative health care model demonstration
9program or as an Alzheimer's Disease Management Center
10alternative health care model demonstration program shall be
11subject to the provisions of this Act.
12    A facility designated as a supportive living facility that
13is in good standing with the program established under Section
145-5.01a of the Illinois Public Aid Code shall not be subject to
15the provisions of this Act.
16    This Act does not apply to facilities granted waivers under
17Section 3-102.2 of the Nursing Home Care Act. However, if a
18demonstration project under that Act applies for a certificate
19of need to convert to a nursing facility, it shall meet the
20licensure and certificate of need requirements in effect as of
21the date of application.
22    This Act does not apply to a dialysis facility that
23provides only dialysis training, support, and related services
24to individuals with end stage renal disease who have elected to
25receive home dialysis. This Act does not apply to a dialysis
26unit located in a licensed nursing home that offers or provides



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1dialysis-related services to residents with end stage renal
2disease who have elected to receive home dialysis within the
3nursing home. The Board, however, may require these dialysis
4facilities and licensed nursing homes to report statistical
5information on a quarterly basis to the Board to be used by the
6Board to conduct analyses on the need for proposed kidney
7disease treatment centers.
8    This Act shall not apply to the closure of an entity or a
9portion of an entity licensed under the Nursing Home Care Act,
10the Specialized Mental Health Rehabilitation Act, or the ID/DD
11Community Care Act, with the exceptions of facilities operated
12by a county or Illinois Veterans Homes, that elects to convert,
13in whole or in part, to an assisted living or shared housing
14establishment licensed under the Assisted Living and Shared
15Housing Act.
16    This Act does not apply to any change of ownership of a
17healthcare facility that is licensed under the Nursing Home
18Care Act, the Specialized Mental Health Rehabilitation Act, or
19the ID/DD Community Care Act, with the exceptions of facilities
20operated by a county or Illinois Veterans Homes. Changes of
21ownership of facilities licensed under the Nursing Home Care
22Act must meet the requirements set forth in Sections 3-101
23through 3-119 of the Nursing Home Care Act.
24    With the exception of those health care facilities
25specifically included in this Section, nothing in this Act
26shall be intended to include facilities operated as a part of



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1the practice of a physician or other licensed health care
2professional, whether practicing in his individual capacity or
3within the legal structure of any partnership, medical or
4professional corporation, or unincorporated medical or
5professional group. Further, this Act shall not apply to
6physicians or other licensed health care professional's
7practices where such practices are carried out in a portion of
8a health care facility under contract with such health care
9facility by a physician or by other licensed health care
10professionals, whether practicing in his individual capacity
11or within the legal structure of any partnership, medical or
12professional corporation, or unincorporated medical or
13professional groups, unless the entity constructs, modifies,
14or establishes a health care facility as specifically defined
15in this Section. This Act shall apply to construction or
16modification and to establishment by such health care facility
17of such contracted portion which is subject to facility
18licensing requirements, irrespective of the party responsible
19for such action or attendant financial obligation.
20    No permit or exemption is required for a facility licensed
21under the ID/DD Community Care Act prior to the reduction of
22the number of beds at a facility. If there is a total reduction
23of beds at a facility licensed under the ID/DD Community Care
24Act, this is a discontinuation or closure of the facility.
25However, if a facility licensed under the ID/DD Community Care
26Act reduces the number of beds or discontinues the facility,



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1that facility must notify the Board as provided in Section 14.1
2of this Act.
3    "Person" means any one or more natural persons, legal
4entities, governmental bodies other than federal, or any
5combination thereof.
6    "Consumer" means any person other than a person (a) whose
7major occupation currently involves or whose official capacity
8within the last 12 months has involved the providing,
9administering or financing of any type of health care facility,
10(b) who is engaged in health research or the teaching of
11health, (c) who has a material financial interest in any
12activity which involves the providing, administering or
13financing of any type of health care facility, or (d) who is or
14ever has been a member of the immediate family of the person
15defined by (a), (b), or (c).
16    "State Board" or "Board" means the Health Facilities and
17Services Review Board.
18    "Construction or modification" means the establishment,
19erection, building, alteration, reconstruction, modernization,
20improvement, extension, discontinuation, change of ownership,
21of or by a health care facility, or the purchase or acquisition
22by or through a health care facility of equipment or service
23for diagnostic or therapeutic purposes or for facility
24administration or operation, or any capital expenditure made by
25or on behalf of a health care facility which exceeds the
26capital expenditure minimum; however, any capital expenditure



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1made by or on behalf of a health care facility for (i) the
2construction or modification of a facility licensed under the
3Assisted Living and Shared Housing Act or (ii) a conversion
4project undertaken in accordance with Section 30 of the Older
5Adult Services Act shall be excluded from any obligations under
6this Act.
7    "Establish" means the construction of a health care
8facility or the replacement of an existing facility on another
9site or the initiation of a category of service as defined by
10the Board.
11    "Major medical equipment" means medical equipment which is
12used for the provision of medical and other health services and
13which costs in excess of the capital expenditure minimum,
14except that such term does not include medical equipment
15acquired by or on behalf of a clinical laboratory to provide
16clinical laboratory services if the clinical laboratory is
17independent of a physician's office and a hospital and it has
18been determined under Title XVIII of the Social Security Act to
19meet the requirements of paragraphs (10) and (11) of Section
201861(s) of such Act. In determining whether medical equipment
21has a value in excess of the capital expenditure minimum, the
22value of studies, surveys, designs, plans, working drawings,
23specifications, and other activities essential to the
24acquisition of such equipment shall be included.
25    "Capital Expenditure" means an expenditure: (A) made by or
26on behalf of a health care facility (as such a facility is



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1defined in this Act); and (B) which under generally accepted
2accounting principles is not properly chargeable as an expense
3of operation and maintenance, or is made to obtain by lease or
4comparable arrangement any facility or part thereof or any
5equipment for a facility or part; and which exceeds the capital
6expenditure minimum.
7    For the purpose of this paragraph, the cost of any studies,
8surveys, designs, plans, working drawings, specifications, and
9other activities essential to the acquisition, improvement,
10expansion, or replacement of any plant or equipment with
11respect to which an expenditure is made shall be included in
12determining if such expenditure exceeds the capital
13expenditures minimum. Unless otherwise interdependent, or
14submitted as one project by the applicant, components of
15construction or modification undertaken by means of a single
16construction contract or financed through the issuance of a
17single debt instrument shall not be grouped together as one
18project. Donations of equipment or facilities to a health care
19facility which if acquired directly by such facility would be
20subject to review under this Act shall be considered capital
21expenditures, and a transfer of equipment or facilities for
22less than fair market value shall be considered a capital
23expenditure for purposes of this Act if a transfer of the
24equipment or facilities at fair market value would be subject
25to review.
26    "Capital expenditure minimum" means $11,500,000 for



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1projects by hospital applicants, $6,500,000 for applicants for
2projects related to skilled and intermediate care long-term
3care facilities licensed under the Nursing Home Care Act, and
4$3,000,000 for projects by all other applicants, which shall be
5annually adjusted to reflect the increase in construction costs
6due to inflation, for major medical equipment and for all other
7capital expenditures.
8    "Non-clinical service area" means an area (i) for the
9benefit of the patients, visitors, staff, or employees of a
10health care facility and (ii) not directly related to the
11diagnosis, treatment, or rehabilitation of persons receiving
12services from the health care facility. "Non-clinical service
13areas" include, but are not limited to, chapels; gift shops;
14news stands; computer systems; tunnels, walkways, and
15elevators; telephone systems; projects to comply with life
16safety codes; educational facilities; student housing;
17patient, employee, staff, and visitor dining areas;
18administration and volunteer offices; modernization of
19structural components (such as roof replacement and masonry
20work); boiler repair or replacement; vehicle maintenance and
21storage facilities; parking facilities; mechanical systems for
22heating, ventilation, and air conditioning; loading docks; and
23repair or replacement of carpeting, tile, wall coverings,
24window coverings or treatments, or furniture. Solely for the
25purpose of this definition, "non-clinical service area" does
26not include health and fitness centers.



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1    "Areawide" means a major area of the State delineated on a
2geographic, demographic, and functional basis for health
3planning and for health service and having within it one or
4more local areas for health planning and health service. The
5term "region", as contrasted with the term "subregion", and the
6word "area" may be used synonymously with the term "areawide".
7    "Local" means a subarea of a delineated major area that on
8a geographic, demographic, and functional basis may be
9considered to be part of such major area. The term "subregion"
10may be used synonymously with the term "local".
11    "Physician" means a person licensed to practice in
12accordance with the Medical Practice Act of 1987, as amended.
13    "Licensed health care professional" means a person
14licensed to practice a health profession under pertinent
15licensing statutes of the State of Illinois.
16    "Director" means the Director of the Illinois Department of
17Public Health.
18    "Agency" means the Illinois Department of Public Health.
19    "Alternative health care model" means a facility or program
20authorized under the Alternative Health Care Delivery Act.
21    "Out-of-state facility" means a person that is both (i)
22licensed as a hospital or as an ambulatory surgery center under
23the laws of another state or that qualifies as a hospital or an
24ambulatory surgery center under regulations adopted pursuant
25to the Social Security Act and (ii) not licensed under the
26Ambulatory Surgical Treatment Center Act, the Hospital



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1Licensing Act, or the Nursing Home Care Act. Affiliates of
2out-of-state facilities shall be considered out-of-state
3facilities. Affiliates of Illinois licensed health care
4facilities 100% owned by an Illinois licensed health care
5facility, its parent, or Illinois physicians licensed to
6practice medicine in all its branches shall not be considered
7out-of-state facilities. Nothing in this definition shall be
8construed to include an office or any part of an office of a
9physician licensed to practice medicine in all its branches in
10Illinois that is not required to be licensed under the
11Ambulatory Surgical Treatment Center Act.
12    "Change of ownership of a health care facility" means a
13change in the person who has ownership or control of a health
14care facility's physical plant and capital assets. A change in
15ownership is indicated by the following transactions: sale,
16transfer, acquisition, lease, change of sponsorship, or other
17means of transferring control.
18    "Related person" means any person that: (i) is at least 50%
19owned, directly or indirectly, by either the health care
20facility or a person owning, directly or indirectly, at least
2150% of the health care facility; or (ii) owns, directly or
22indirectly, at least 50% of the health care facility.
23    "Charity care" means care provided by a health care
24facility for which the provider does not expect to receive
25payment from the patient or a third-party payer.
26    "Freestanding emergency center" means a facility subject



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1to licensure under Section 32.5 of the Emergency Medical
2Services (EMS) Systems Act.
3    "Category of service" means a grouping by generic class of
4various types or levels of support functions, equipment, care,
5or treatment provided to patients or residents, including, but
6not limited to, classes such as medical-surgical, pediatrics,
7or cardiac catheterization. A category of service may include
8subcategories or levels of care that identify a particular
9degree or type of care within the category of service. Nothing
10in this definition shall be construed to include the practice
11of a physician or other licensed health care professional while
12functioning in an office providing for the care, diagnosis, or
13treatment of patients. A category of service that is subject to
14the Board's jurisdiction must be designated in rules adopted by
15the Board.
16(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
1796-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12;
1897-813, eff. 7-13-12; 97-980, eff. 8-17-12.)
19    (20 ILCS 3960/5)  (from Ch. 111 1/2, par. 1155)
20    (Section scheduled to be repealed on December 31, 2019)
21    Sec. 5. Construction, modification, or establishment of
22health care facilities or acquisition of major medical
23equipment; permits or exemptions. No person shall construct,
24modify or establish a health care facility or acquire major
25medical equipment without first obtaining a permit or exemption



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1from the State Board. The State Board shall not delegate to the
2staff of the State Board or any other person or entity the
3authority to grant permits or exemptions whenever the staff or
4other person or entity would be required to exercise any
5discretion affecting the decision to grant a permit or
6exemption. The State Board may, by rule, delegate authority to
7the Chairman to grant permits or exemptions when applications
8meet all of the State Board's review criteria and are
10    A permit or exemption shall be obtained prior to the
11acquisition of major medical equipment or to the construction
12or modification of a health care facility which:
13        (a) requires a total capital expenditure in excess of
14    the capital expenditure minimum; or
15        (b) substantially changes the scope or changes the
16    functional operation of the facility; or
17        (c) changes the bed capacity of a health care facility
18    by increasing the total number of beds or by distributing
19    beds among various categories of service or by relocating
20    beds from one physical facility or site to another by more
21    than 20 beds or more than 10% of total bed capacity as
22    defined by the State Board, whichever is less, over a 2
23    year period.
24    A permit shall be valid only for the defined construction
25or modifications, site, amount and person named in the
26application for such permit and shall not be transferable or



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1assignable. A permit shall be valid until such time as the
2project has been completed, provided that the project commences
3and proceeds to completion with due diligence by the completion
4date or extension date approved by the Board.
5    A permit holder must do the following: (i) submit the final
6completion and cost report for the project within 90 days after
7the approved project completion date or extension date and (ii)
8submit annual progress reports no earlier than 30 days before
9and no later than 30 days after each anniversary date of the
10Board's approval of the permit until the project is completed.
11To maintain a valid permit and to monitor progress toward
12project commencement and completion, routine post-permit
13reports shall be limited to annual progress reports and the
14final completion and cost report. Annual progress reports shall
15include information regarding the committed funds expended
16toward the approved project. If the project is not completed in
17one year, then, by the second annual report, the permit holder
18shall expend 33% or more of the total project cost or shall
19make a commitment to expend 33% or more of the total project
20cost by signed contracts or other legal means, and the report
21shall contain information regarding those expenditures or
22commitments. If the project is to be completed in one year,
23then the first annual report shall contain the expenditure
24commitment information for the total project cost. The State
25Board may extend the expenditure commitment period after
26considering a permit holder's showing of good cause and request



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1for additional time to complete the project.
2    The Certificate of Need process required under this Act is
3designed to restrain rising health care costs by preventing
4unnecessary construction or modification of health care
5facilities. The Board must assure that the establishment,
6construction, or modification of a health care facility or the
7acquisition of major medical equipment is consistent with the
8public interest and that the proposed project is consistent
9with the orderly and economic development or acquisition of
10those facilities and equipment and is in accord with the
11standards, criteria, or plans of need adopted and approved by
12the Board. Board decisions regarding the construction of health
13care facilities must consider capacity, quality, value, and
14equity. Projects may deviate from the costs, fees, and expenses
15provided in their project cost information for the project's
16cost components, provided that the final total project cost
17does not exceed the approved permit amount. Project alterations
18shall not increase the total approved permit amount by more
19than the limit set forth under the Board's rules.
20    Major construction projects, for the purposes of this Act,
21shall include but are not limited to: projects for the
22construction of new buildings; additions to existing
23facilities; modernization projects whose cost is in excess of
24$1,000,000 or 10% of the facilities' operating revenue,
25whichever is less; and such other projects as the State Board
26shall define and prescribe pursuant to this Act.



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1    Permits for projects that have not been obligated within
2the prescribed obligation period shall expire on the last day
3of that period.
4    The acquisition by any person of major medical equipment
5that will not be owned by or located in a health care facility
6and that will not be used to provide services to inpatients of
7a health care facility shall be exempt from review provided
8that a notice is filed in accordance with exemption
10    Notwithstanding any other provision of this Act, no permit
11or exemption is required for the construction or modification
12of a non-clinical service area of a health care facility.
13(Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)
14    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
15    (Section scheduled to be repealed on December 31, 2019)
16    Sec. 12. Powers and duties of State Board. For purposes of
17this Act, the State Board shall exercise the following powers
18and duties:
19    (1) Prescribe rules, regulations, standards, criteria,
20procedures or reviews which may vary according to the purpose
21for which a particular review is being conducted or the type of
22project reviewed and which are required to carry out the
23provisions and purposes of this Act. Policies and procedures of
24the State Board shall take into consideration the priorities
25and needs of medically underserved areas and other health care



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1services identified through the comprehensive health planning
2process, giving special consideration to the impact of projects
3on access to safety net services.
4    (2) Adopt procedures for public notice and hearing on all
5proposed rules, regulations, standards, criteria, and plans
6required to carry out the provisions of this Act.
7    (3) (Blank).
8    (4) Develop criteria and standards for health care
9facilities planning, conduct statewide inventories of health
10care facilities, maintain an updated inventory on the Board's
11web site reflecting the most recent bed and service changes and
12updated need determinations when new census data become
13available or new need formulae are adopted, and develop health
14care facility plans which shall be utilized in the review of
15applications for permit under this Act. Such health facility
16plans shall be coordinated by the Board with pertinent State
17Plans. Inventories pursuant to this Section of skilled or
18intermediate care facilities licensed under the Nursing Home
19Care Act, skilled or intermediate care facilities licensed
20under the ID/DD Community Care Act, facilities licensed under
21the Specialized Mental Health Rehabilitation Act, or nursing
22homes licensed under the Hospital Licensing Act shall be
23conducted on an annual basis no later than July 1 of each year
24and shall include among the information requested a list of all
25services provided by a facility to its residents and to the
26community at large and differentiate between active and



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1inactive beds.
2    In developing health care facility plans, the State Board
3shall consider, but shall not be limited to, the following:
4        (a) The size, composition and growth of the population
5    of the area to be served;
6        (b) The number of existing and planned facilities
7    offering similar programs;
8        (c) The extent of utilization of existing facilities;
9        (d) The availability of facilities which may serve as
10    alternatives or substitutes;
11        (e) The availability of personnel necessary to the
12    operation of the facility;
13        (f) Multi-institutional planning and the establishment
14    of multi-institutional systems where feasible;
15        (g) The financial and economic feasibility of proposed
16    construction or modification; and
17        (h) In the case of health care facilities established
18    by a religious body or denomination, the needs of the
19    members of such religious body or denomination may be
20    considered to be public need.
21    The health care facility plans which are developed and
22adopted in accordance with this Section shall form the basis
23for the plan of the State to deal most effectively with
24statewide health needs in regard to health care facilities.
25    (5) Coordinate with the Center for Comprehensive Health
26Planning and other state agencies having responsibilities



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1affecting health care facilities, including those of licensure
2and cost reporting. Beginning no later than January 1, 2013,
3the Department of Public Health shall produce a written annual
4report to the Governor and the General Assembly regarding the
5development of the Center for Comprehensive Health Planning.
6The Chairman of the State Board and the State Board
7Administrator shall also receive a copy of the annual report.
8    (6) Solicit, accept, hold and administer on behalf of the
9State any grants or bequests of money, securities or property
10for use by the State Board or Center for Comprehensive Health
11Planning in the administration of this Act; and enter into
12contracts consistent with the appropriations for purposes
13enumerated in this Act.
14    (7) The State Board shall prescribe procedures for review,
15standards, and criteria which shall be utilized to make
16periodic reviews and determinations of the appropriateness of
17any existing health services being rendered by health care
18facilities subject to the Act. The State Board shall consider
19recommendations of the Board in making its determinations.
20    (8) Prescribe, in consultation with the Center for
21Comprehensive Health Planning, rules, regulations, standards,
22and criteria for the conduct of an expeditious review of
23applications for permits for projects of construction or
24modification of a health care facility, which projects are
25classified as emergency, substantive, or non-substantive in



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1    Six months after June 30, 2009 (the effective date of
2Public Act 96-31), substantive projects shall include no more
3than the following:
4        (a) Projects to construct (1) a new or replacement
5    facility located on a new site or (2) a replacement
6    facility located on the same site as the original facility
7    and the cost of the replacement facility exceeds the
8    capital expenditure minimum, which shall be reviewed by the
9    Board within 120 days;
10        (b) Projects proposing a (1) new service within an
11    existing healthcare facility or (2) discontinuation of a
12    service within an existing healthcare facility, which
13    shall be reviewed by the Board within 60 days; or
14        (c) Projects proposing a change in the bed capacity of
15    a health care facility by an increase in the total number
16    of beds or by a redistribution of beds among various
17    categories of service or by a relocation of beds from one
18    physical facility or site to another by more than 20 beds
19    or more than 10% of total bed capacity, as defined by the
20    State Board, whichever is less, over a 2-year period.
21    The Chairman may approve applications for exemption that
22meet the criteria set forth in rules or refer them to the full
23Board. The Chairman may approve any unopposed application that
24meets all of the review criteria or refer them to the full
26    Such rules shall not abridge the right of the Center for



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1Comprehensive Health Planning to make recommendations on the
2classification and approval of projects, nor shall such rules
3prevent the conduct of a public hearing upon the timely request
4of an interested party. Such reviews shall not exceed 60 days
5from the date the application is declared to be complete.
6    (9) Prescribe rules, regulations, standards, and criteria
7pertaining to the granting of permits for construction and
8modifications which are emergent in nature and must be
9undertaken immediately to prevent or correct structural
10deficiencies or hazardous conditions that may harm or injure
11persons using the facility, as defined in the rules and
12regulations of the State Board. This procedure is exempt from
13public hearing requirements of this Act.
14    (10) Prescribe rules, regulations, standards and criteria
15for the conduct of an expeditious review, not exceeding 60
16days, of applications for permits for projects to construct or
17modify health care facilities which are needed for the care and
18treatment of persons who have acquired immunodeficiency
19syndrome (AIDS) or related conditions.
20    (11) Issue written decisions upon request of the applicant
21or an adversely affected party to the Board within 30 days of
22the meeting in which a final decision has been made. Requests
23for a written decision shall be made within 15 days after the
24Board meeting in which a final decision has been made. A "final
25decision" for purposes of this Act is the decision to approve
26or deny an application, or take other actions permitted under



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1this Act, at the time and date of the meeting that such action
2is scheduled by the Board. The staff of the State Board shall
3prepare a written copy of the final decision and the State
4Board shall approve a final copy for inclusion in the formal
5record. The Board shall consider, for approval, the written
6draft of the final decision no later than the next scheduled
7Board meeting. The written decision shall identify the
8applicable criteria and factors listed in this Act and the
9Board's regulations that were taken into consideration by the
10Board when coming to a final decision. If the State Board
11denies or fails to approve an application for permit or
12exemption certificate, the State Board shall include in the
13final decision a detailed explanation as to why the application
14was denied and identify what specific criteria or standards the
15applicant did not fulfill.
16    (12) Require at least one of its members to participate in
17any public hearing, after the appointment of a majority of the
18members to the Board.
19    (13) Provide a mechanism for the public to comment on, and
20request changes to, draft rules and standards.
21    (14) Implement public information campaigns to regularly
22inform the general public about the opportunity for public
23hearings and public hearing procedures.
24    (15) Establish a separate set of rules and guidelines for
25long-term care that recognizes that nursing homes are a
26different business line and service model from other regulated



HB2423 Enrolled- 23 -LRB098 08704 JDS 38826 b

1facilities. An open and transparent process shall be developed
2that considers the following: how skilled nursing fits in the
3continuum of care with other care providers, modernization of
4nursing homes, establishment of more private rooms,
5development of alternative services, and current trends in
6long-term care services. The Chairman of the Board shall
7appoint a permanent Health Services Review Board Long-term Care
8Facility Advisory Subcommittee that shall develop and
9recommend to the Board the rules to be established by the Board
10under this paragraph (15). The Subcommittee shall also provide
11continuous review and commentary on policies and procedures
12relative to long-term care and the review of related projects.
13In consultation with other experts from the health field of
14long-term care, the Board and the Subcommittee shall study new
15approaches to the current bed need formula and Health Service
16Area boundaries to encourage flexibility and innovation in
17design models reflective of the changing long-term care
18marketplace and consumer preferences. The Subcommittee shall
19evaluate, and make recommendations to the State Board
20regarding, the buying, selling, and exchange of beds between
21long-term care facilities within a specified geographic area or
22drive time. The Board shall file the proposed related
23administrative rules for the separate rules and guidelines for
24long-term care required by this paragraph (15) by no later than
25September 30, 2011. The Subcommittee shall be provided a
26reasonable and timely opportunity to review and comment on any



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1review, revision, or updating of the criteria, standards,
2procedures, and rules used to evaluate project applications as
3provided under Section 12.3 of this Act.
4(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
596-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
697-813, eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff.
78-27-12; revised 10-11-12.)