Full Text of SB0611 95th General Assembly
SB0611eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Health Facilities Planning Act is | 5 |
| amended by changing Sections 3, 4, 5, and 19.6 as follows:
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| (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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| (Section scheduled to be repealed on April 1, 2007)
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| Sec. 3. Definitions. As used in this Act:
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| "Health care facilities" means and includes
the following | 10 |
| facilities and organizations:
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| 1. An ambulatory surgical treatment center required to | 12 |
| be licensed
pursuant to the Ambulatory Surgical Treatment | 13 |
| Center Act;
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| 2. An institution, place, building, or agency required | 15 |
| to be licensed
pursuant to the Hospital Licensing Act;
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| 3. Skilled and intermediate long term care facilities | 17 |
| licensed under the
Nursing
Home Care Act;
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| 3. Skilled and intermediate long term care facilities | 19 |
| licensed under the
Nursing
Home Care Act;
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| 4. Hospitals, nursing homes, ambulatory surgical | 21 |
| treatment centers, or
kidney disease treatment centers
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| maintained by the State or any department or agency | 23 |
| thereof;
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| 5. Kidney disease treatment centers, including a | 2 |
| free-standing
hemodialysis unit required to be licensed | 3 |
| under the End Stage Renal Disease Facility Act; and
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| 6. An institution, place, building, or room used for | 5 |
| the performance of
outpatient surgical procedures that is | 6 |
| leased, owned, or operated by or on
behalf of an | 7 |
| out-of-state facility ; .
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| 7. Cardiac catheterization laboratories that are not | 9 |
| located in an institution, place, building, or agency | 10 |
| required to be licensed pursuant to the Hospital Licensing | 11 |
| Act or an ambulatory surgical treatment center required to | 12 |
| be licensed pursuant to the Ambulatory Surgical Treatment | 13 |
| Center Act; and | 14 |
| 8. An institution, place, building, or room, whose cost | 15 |
| of construction is greater than the capital expenditure | 16 |
| minimum, that is used for the delivery of medical care and | 17 |
| that is leased, owned, or operated by or on behalf of an | 18 |
| out-of-state facility.
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| No federally owned facility shall be subject to the | 20 |
| provisions of this
Act, nor facilities used solely for healing | 21 |
| by prayer or spiritual means ; .
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| No facility licensed under the Supportive Residences | 23 |
| Licensing Act or the
Assisted Living and Shared Housing Act
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| shall be subject to the provisions of this Act.
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| A facility designated as a supportive living facility that | 26 |
| is in good
standing with the program
established under Section |
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| 5-5.01a of
the Illinois Public Aid Code shall not be subject to | 2 |
| the provisions of this
Act.
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| This Act does not apply to facilities granted waivers under | 4 |
| Section 3-102.2
of the Nursing Home Care Act. However, if a | 5 |
| demonstration project under that
Act applies for a certificate
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| of need to convert to a nursing facility, it shall meet the | 7 |
| licensure and
certificate of need requirements in effect as of | 8 |
| the date of application. | 9 |
| This Act does not apply to a dialysis facility that | 10 |
| provides only dialysis training, support, and related services | 11 |
| to individuals with end stage renal disease who have elected to | 12 |
| receive home dialysis. This Act does not apply to a dialysis | 13 |
| unit located in a licensed nursing home that offers or provides | 14 |
| dialysis-related services to residents with end stage renal | 15 |
| disease who have elected to receive home dialysis within the | 16 |
| nursing home. The Board, however, may require these dialysis | 17 |
| facilities and licensed nursing homes to report statistical | 18 |
| information on a quarterly basis to the Board to be used by the | 19 |
| Board to conduct analyses on the need for proposed kidney | 20 |
| disease treatment centers.
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| This Act shall not apply to the closure of an entity or a | 22 |
| portion of an
entity licensed under the Nursing Home Care Act | 23 |
| that elects to convert, in
whole or in part, to an assisted | 24 |
| living or shared housing establishment
licensed under the | 25 |
| Assisted Living and Shared Housing Act.
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| With the exception of those health care facilities |
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| specifically
included in this Section, nothing in this Act | 2 |
| shall be intended to
include facilities operated as a part of | 3 |
| the practice of a physician or
other licensed health care | 4 |
| professional, whether practicing in his
individual capacity or | 5 |
| within the legal structure of any partnership,
medical or | 6 |
| professional corporation, or unincorporated medical or
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| professional group. Further, this Act shall not apply to | 8 |
| physicians or
other licensed health care professional's | 9 |
| practices where such practices
are carried out in a portion of | 10 |
| a health care facility under contract
with such health care | 11 |
| facility by a physician or by other licensed
health care | 12 |
| professionals, whether practicing in his individual capacity
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| or within the legal structure of any partnership, medical or
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| professional corporation, or unincorporated medical or | 15 |
| professional
groups. This Act shall apply to construction or
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| modification and to establishment by such health care facility | 17 |
| of such
contracted portion which is subject to facility | 18 |
| licensing requirements,
irrespective of the party responsible | 19 |
| for such action or attendant
financial obligation.
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| "Person" means any one or more natural persons, legal | 21 |
| entities,
governmental bodies other than federal, or any | 22 |
| combination thereof.
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| "Consumer" means any person other than a person (a) whose | 24 |
| major
occupation currently involves or whose official capacity | 25 |
| within the last
12 months has involved the providing, | 26 |
| administering or financing of any
type of health care facility, |
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| (b) who is engaged in health research or
the teaching of | 2 |
| health, (c) who has a material financial interest in any
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| activity which involves the providing, administering or | 4 |
| financing of any
type of health care facility, or (d) who is or | 5 |
| ever has been a member of
the immediate family of the person | 6 |
| defined by (a), (b), or (c).
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| "State Board" means the Health Facilities Planning Board.
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| "Construction or modification" means the establishment, | 9 |
| erection,
building, alteration, reconstruction, modernization, | 10 |
| improvement,
extension, discontinuation, change of ownership, | 11 |
| of or by a health care
facility, or the purchase or acquisition | 12 |
| by or through a health care facility
of
equipment or service | 13 |
| for diagnostic or therapeutic purposes or for
facility | 14 |
| administration or operation, or any capital expenditure made by
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| or on behalf of a health care facility which
exceeds the | 16 |
| capital expenditure minimum; however, any capital expenditure
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| made by or on behalf of a health care facility for (i) the | 18 |
| construction or
modification of a facility licensed under the | 19 |
| Assisted Living and Shared
Housing Act or (ii) a conversion | 20 |
| project undertaken in accordance with Section 30 of the Older | 21 |
| Adult Services Act shall be excluded from any obligations under | 22 |
| this Act.
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| "Establish" means the construction of a health care | 24 |
| facility or the
replacement of an existing facility on another | 25 |
| site.
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| "Major medical equipment" means medical equipment which is |
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| used for the
provision of medical and other health services and | 2 |
| which costs in excess
of the capital expenditure minimum, | 3 |
| except that such term does not include
medical equipment | 4 |
| acquired
by or on behalf of a clinical laboratory to provide | 5 |
| clinical laboratory
services if the clinical laboratory is | 6 |
| independent of a physician's office
and a hospital and it has | 7 |
| been determined under Title XVIII of the Social
Security Act to | 8 |
| meet the requirements of paragraphs (10) and (11) of Section
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| 1861(s) of such Act. In determining whether medical equipment | 10 |
| has a value
in excess of the capital expenditure minimum, the | 11 |
| value of studies, surveys,
designs, plans, working drawings, | 12 |
| specifications, and other activities
essential to the | 13 |
| acquisition of such equipment shall be included.
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| "Capital Expenditure" means an expenditure: (A) made by or | 15 |
| on behalf of
a health care facility (as such a facility is | 16 |
| defined in this Act); and
(B) which under generally accepted | 17 |
| accounting principles is not properly
chargeable as an expense | 18 |
| of operation and maintenance, or is made to obtain
by lease or | 19 |
| comparable arrangement any facility or part thereof or any
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| equipment for a facility or part; and which exceeds the capital | 21 |
| expenditure
minimum.
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| For the purpose of this paragraph, the cost of any studies, | 23 |
| surveys, designs,
plans, working drawings, specifications, and | 24 |
| other activities essential
to the acquisition, improvement, | 25 |
| expansion, or replacement of any plant
or equipment with | 26 |
| respect to which an expenditure is made shall be included
in |
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| determining if such expenditure exceeds the capital | 2 |
| expenditures minimum.
Donations of equipment
or facilities to a | 3 |
| health care facility which if acquired directly by such
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| facility would be subject to review under this Act shall be | 5 |
| considered capital
expenditures, and a transfer of equipment or | 6 |
| facilities for less than fair
market value shall be considered | 7 |
| a capital expenditure for purposes of this
Act if a transfer of | 8 |
| the equipment or facilities at fair market value would
be | 9 |
| subject to review.
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| "Capital expenditure minimum" means $6,000,000, which | 11 |
| shall be annually
adjusted to reflect the increase in | 12 |
| construction costs due to inflation, for major medical | 13 |
| equipment and for all other
capital expenditures; provided, | 14 |
| however, that when a capital expenditure is
for the | 15 |
| construction or modification of a health and fitness center, | 16 |
| "capital
expenditure minimum" means the capital expenditure | 17 |
| minimum for all other
capital expenditures in effect on March | 18 |
| 1, 2000, which shall be annually
adjusted to reflect the | 19 |
| increase in construction costs due to inflation.
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| "Non-clinical service area" means an area (i) for the | 21 |
| benefit of the
patients, visitors, staff, or employees of a | 22 |
| health care facility and (ii) not
directly related to the | 23 |
| diagnosis, treatment, or rehabilitation of persons
receiving | 24 |
| services from the health care facility. "Non-clinical service | 25 |
| areas"
include, but are not limited to, chapels; gift shops; | 26 |
| news stands; computer
systems; tunnels, walkways, and |
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| elevators; telephone systems; projects to
comply with life | 2 |
| safety codes; educational facilities; student housing;
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| patient, employee, staff, and visitor dining areas; | 4 |
| administration and
volunteer offices; modernization of | 5 |
| structural components (such as roof
replacement and masonry | 6 |
| work); boiler repair or replacement; vehicle
maintenance and | 7 |
| storage facilities; parking facilities; mechanical systems for
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| heating, ventilation, and air conditioning; loading docks; and | 9 |
| repair or
replacement of carpeting, tile, wall coverings, | 10 |
| window coverings or treatments,
or furniture. Solely for the | 11 |
| purpose of this definition, "non-clinical service
area" does | 12 |
| not include health and fitness centers.
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| "Areawide" means a major area of the State delineated on a
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| geographic, demographic, and functional basis for health | 15 |
| planning and
for health service and having within it one or | 16 |
| more local areas for
health planning and health service. The | 17 |
| term "region", as contrasted
with the term "subregion", and the | 18 |
| word "area" may be used synonymously
with the term "areawide".
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| "Local" means a subarea of a delineated major area that on | 20 |
| a
geographic, demographic, and functional basis may be | 21 |
| considered to be
part of such major area. The term "subregion" | 22 |
| may be used synonymously
with the term "local".
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| "Areawide health planning organization" or "Comprehensive | 24 |
| health
planning organization" means the health systems agency | 25 |
| designated by the
Secretary, Department of Health and Human | 26 |
| Services or any successor agency.
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| "Local health planning organization" means those local | 2 |
| health
planning organizations that are designated as such by | 3 |
| the areawide
health planning organization of the appropriate | 4 |
| area.
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| "Physician" means a person licensed to practice in | 6 |
| accordance with
the Medical Practice Act of 1987, as amended.
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| "Licensed health care professional" means a person | 8 |
| licensed to
practice a health profession under pertinent | 9 |
| licensing statutes of the
State of Illinois.
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| "Director" means the Director of the Illinois Department of | 11 |
| Public Health.
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| "Agency" means the Illinois Department of Public Health.
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| "Comprehensive health planning" means health planning | 14 |
| concerned with
the total population and all health and | 15 |
| associated problems that affect
the well-being of people and | 16 |
| that encompasses health services, health
manpower, and health | 17 |
| facilities; and the coordination among these and
with those | 18 |
| social, economic, and environmental factors that affect | 19 |
| health.
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| "Alternative health care model" means a facility or program | 21 |
| authorized
under the Alternative Health Care Delivery Act.
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| "Out-of-state facility" means a person that is both (i) | 23 |
| licensed as a
hospital or as an ambulatory surgery center under | 24 |
| the laws of another state
or that
qualifies as a hospital or an | 25 |
| ambulatory surgery center under regulations
adopted pursuant | 26 |
| to the Social Security Act and (ii) not licensed under the
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| Ambulatory Surgical Treatment Center Act, the Hospital | 2 |
| Licensing Act, or the
Nursing Home Care Act. Affiliates of | 3 |
| out-of-state facilities shall be
considered out-of-state | 4 |
| facilities. Affiliates of Illinois licensed health
care | 5 |
| facilities 100% owned by an Illinois licensed health care | 6 |
| facility, its
parent, or Illinois physicians licensed to | 7 |
| practice medicine in all its
branches shall not be considered | 8 |
| out-of-state facilities. Nothing in
this definition shall be
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| construed to include an office or any part of an office of a | 10 |
| physician licensed
to practice medicine in all its branches in | 11 |
| Illinois that is not required to be
licensed under the | 12 |
| Ambulatory Surgical Treatment Center Act.
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| "Change of ownership of a health care facility" means a | 14 |
| change in the
person
who has ownership or
control of a health | 15 |
| care facility's physical plant and capital assets. A change
in | 16 |
| ownership is indicated by
the following transactions: sale, | 17 |
| transfer, acquisition, lease, change of
sponsorship, or other | 18 |
| means of
transferring control.
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| "Related person" means any person that: (i) is at least 50% | 20 |
| owned, directly
or indirectly, by
either the health care | 21 |
| facility or a person owning, directly or indirectly, at
least | 22 |
| 50% of the health
care facility; or (ii) owns, directly or | 23 |
| indirectly, at least 50% of the
health care facility.
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| "Charity care" means care provided by a health care | 25 |
| facility for which the provider does not expect to receive | 26 |
| payment from the patient or a third-party payer. |
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| (Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; | 2 |
| 93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; 94-342, eff. | 3 |
| 7-26-05; revised 8-21-06.)
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| (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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| (Section scheduled to be repealed on April 1, 2007)
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| Sec. 4. Health Facilities Planning Board; membership; | 7 |
| appointment; term;
compensation; quorum. There is created the | 8 |
| Health
Facilities Planning Board, which
shall perform the | 9 |
| functions described in this
Act.
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| The State Board shall consist of 9
5 voting members. Each | 11 |
| member shall have a reasonable knowledge of health planning, | 12 |
| health finance, or health care at the time of his or her | 13 |
| appointment. No person shall be appointed or continue to serve | 14 |
| as a member of the State Board who is, or whose spouse, parent, | 15 |
| or child is, a member of the Board of Directors of, has a | 16 |
| financial interest in, or has a business relationship with a | 17 |
| health care facility. | 18 |
| Notwithstanding any provision of this Section to the | 19 |
| contrary, the term of
office of each member of the State Board | 20 |
| is abolished on the effective date of
this
amendatory Act of | 21 |
| the 93rd General Assembly and those members no longer hold | 22 |
| office.
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| The State Board shall be appointed by the Governor, with | 24 |
| the advice
and consent of the Senate. Not more than 5
3 of the
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| appointments shall be of the same political party at the time |
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| of the appointment.
No person shall be appointed as a State | 2 |
| Board member if that person has
served, after the effective | 3 |
| date of Public Act 93-41, 2 3-year terms as a State Board | 4 |
| member, except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Healthcare | 6 |
| and Family Services
Public Aid , and
the Director of Public | 7 |
| Health, or their designated representatives,
shall serve as | 8 |
| ex-officio, non-voting members of the State Board.
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| Of those members initially appointed by the Governor under | 10 |
| this
amendatory Act of the 93rd General Assembly, 2 shall serve | 11 |
| for terms expiring
July 1, 2005, 2 shall serve for terms | 12 |
| expiring July 1, 2006, and 1 shall serve
for a term expiring | 13 |
| July 1, 2007. Thereafter, each
appointed member , including | 14 |
| persons appointed to fill the memberships created by this | 15 |
| amendatory Act of the 95th General Assembly, shall
hold office | 16 |
| for a term of 3 years, provided that any member
appointed to | 17 |
| fill a vacancy
occurring prior to the expiration of the
term | 18 |
| for which his or her predecessor was appointed shall be | 19 |
| appointed for the
remainder of such term and the term of office | 20 |
| of each successor shall
commence on July 1 of the year in which | 21 |
| his predecessor's term expires. Each
member appointed after the | 22 |
| effective date of this amendatory Act of the 93rd General | 23 |
| Assembly shall hold office until his or her successor is | 24 |
| appointed and qualified.
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| State Board members, while serving on business of the State | 26 |
| Board,
shall receive actual and necessary travel and |
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| subsistence expenses while
so serving away from their places
of | 2 |
| residence.
A member of the State Board who experiences a | 3 |
| significant financial hardship
due to the loss of income on | 4 |
| days of attendance at meetings or while otherwise
engaged in | 5 |
| the business of the State Board may be paid a hardship | 6 |
| allowance, as
determined by and subject to the approval of the | 7 |
| Governor's Travel Control
Board.
| 8 |
| The Governor shall designate one of the members to serve as | 9 |
| Chairman
and shall name as full-time
Executive Secretary of the | 10 |
| State
Board, a person qualified in health care facility | 11 |
| planning and in
administration. The Agency shall provide | 12 |
| administrative and staff
support for the State Board. The State | 13 |
| Board shall advise the Director
of its budgetary and staff | 14 |
| needs and consult with the Director on annual
budget | 15 |
| preparation.
| 16 |
| The State Board shall meet at least once each quarter, or | 17 |
| as often as
the Chairman of the State Board deems necessary, or | 18 |
| upon the request of
a majority of the members.
| 19 |
| Five
Three members of the State Board shall constitute a | 20 |
| quorum.
The affirmative vote of 5
3 of the members of the State | 21 |
| Board shall be
necessary for
any action requiring a vote to be | 22 |
| taken by the State
Board. A vacancy in the membership of the | 23 |
| State Board shall not impair the
right of a quorum to exercise | 24 |
| all the rights and perform all the duties of the
State Board as | 25 |
| provided by this Act.
| 26 |
| A State Board member shall disqualify himself or herself |
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| from the
consideration of any application for a permit or
| 2 |
| exemption in which the State Board member or the State Board | 3 |
| member's spouse,
parent, or child: (i) has
an economic interest | 4 |
| in the matter; or (ii) is employed by, serves as a
consultant | 5 |
| for, or is a member of the
governing board of the applicant or | 6 |
| a party opposing the application.
| 7 |
| (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04; revised | 8 |
| 8-21-06.)
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| (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
| 10 |
| (Section scheduled to be repealed on April 1, 2007)
| 11 |
| Sec. 5. After effective dates set by the State Board,
no | 12 |
| person shall construct, modify or establish a
health care | 13 |
| facility or acquire major medical equipment without first
| 14 |
| obtaining a permit or exemption from the State
Board. The State | 15 |
| Board shall not delegate to the Executive Secretary of
the | 16 |
| State Board or any other person or entity the authority to | 17 |
| grant
permits or exemptions whenever the Executive Secretary or | 18 |
| other person or
entity would be required to exercise any | 19 |
| discretion affecting the decision
to grant a permit or | 20 |
| exemption. The State Board shall set effective
dates applicable | 21 |
| to all or to
each classification or category of health care | 22 |
| facilities and applicable
to all or each type of transaction | 23 |
| for which a permit is required.
Varying effective dates may be | 24 |
| set, providing the date or dates so set
shall apply uniformly | 25 |
| statewide.
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| Notwithstanding any effective dates established by this | 2 |
| Act or by the
State Board, no person shall be required to | 3 |
| obtain a permit for any
purpose under this Act until the State | 4 |
| health facilities plan referred
to in paragraph (4) of Section | 5 |
| 12 of this Act has been approved and
adopted by the State Board | 6 |
| subsequent to public hearings having been
held thereon.
| 7 |
| A permit or exemption shall be obtained prior to the | 8 |
| acquisition
of major medical equipment or to the construction | 9 |
| or modification of a
health care facility which:
| 10 |
| (a) requires a total capital expenditure in excess of | 11 |
| the capital
expenditure
minimum; or
| 12 |
| (b) except for the establishment of swing beds | 13 |
| authorized under Title XVIII of the federal Social Security | 14 |
| Act, substantially changes the scope or changes the | 15 |
| functional operation
of the facility; or
| 16 |
| (c) changes the bed capacity of a health care facility | 17 |
| by increasing the
total number of beds or by distributing | 18 |
| beds among
various categories of service or by relocating | 19 |
| beds from one physical facility
or site to another by more | 20 |
| than 20
10 beds or more than 10% of total bed
capacity as | 21 |
| defined by the
State Board, whichever is less, over a 2 | 22 |
| year period.
| 23 |
| A permit shall be valid only for the defined construction | 24 |
| or modifications,
site, amount and person named in the | 25 |
| application for such permit and
shall not be transferable or | 26 |
| assignable. A permit shall be valid until such
time as the |
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| project has been completed,
provided that (a) obligation of the | 2 |
| project occurs within 12 months following
issuance of the | 3 |
| permit except for major construction projects such obligation
| 4 |
| must
occur within 18 months following issuance of the permit; | 5 |
| and (b) the project
commences and proceeds to completion with | 6 |
| due diligence. Major construction
projects, for the purposes of | 7 |
| this Act, shall include but are not limited
to: projects for | 8 |
| the construction of new buildings; additions to existing
| 9 |
| facilities; modernization projects
whose cost is in excess of | 10 |
| $1,000,000 or 10% of the facilities' operating
revenue, | 11 |
| whichever is less; and such other projects as the State Board | 12 |
| shall
define and prescribe pursuant to this Act. The State | 13 |
| Board may extend the
obligation period upon a showing of good | 14 |
| cause by the permit holder. Permits
for projects that have not | 15 |
| been obligated within the prescribed obligation
period shall | 16 |
| expire on the last day of that period.
| 17 |
| Persons who otherwise would be required to obtain a permit | 18 |
| shall be exempt
from such requirement if the State Board finds | 19 |
| that with respect to
establishing
a new facility or | 20 |
| construction of new buildings or additions or modifications
to | 21 |
| an existing facility, final plans and specifications for such | 22 |
| work have
prior to October 1, 1974, been submitted to and | 23 |
| approved by the Department
of Public Health in accordance with | 24 |
| the requirements of applicable laws.
Such exemptions shall be | 25 |
| null and void after December 31, 1979 unless binding
| 26 |
| construction contracts were signed prior to December 1, 1979 |
|
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LRB095 10811 JAM 31061 b |
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| 1 |
| and unless
construction has commenced prior to December 31, | 2 |
| 1979. Such exemptions
shall be valid until such time as the | 3 |
| project has been completed
provided that the project proceeds | 4 |
| to completion with due diligence.
| 5 |
| The acquisition by any person of major medical equipment | 6 |
| that will not
be owned by or located in a health care facility | 7 |
| and that will not be used
to provide services to inpatients of | 8 |
| a health care facility shall be exempt
from review provided | 9 |
| that a notice is filed in accordance with exemption
| 10 |
| requirements.
| 11 |
| Notwithstanding any other provision of this Act, no permit | 12 |
| or exemption is
required for the construction or modification | 13 |
| of a non-clinical service area
of a health care facility.
| 14 |
| (Source: P.A. 91-782, eff. 6-9-00 .)
| 15 |
| (20 ILCS 3960/19.6)
| 16 |
| (Section scheduled to be repealed on April 1, 2007)
| 17 |
| Sec. 19.6. Repeal. This Act is repealed on July
April 1, | 18 |
| 2012
2007 .
| 19 |
| (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04; 94-983, | 20 |
| eff. 6-30-06.)
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
|
|