Full Text of HB1489 97th General Assembly
HB1489sam003 97TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 5/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1489
| 2 | | AMENDMENT NO. ______. Amend House Bill 1489, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Health Facilities Planning Act is | 6 | | amended by changing Section 5 as follows:
| 7 | | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
| 8 | | (Section scheduled to be repealed on December 31, 2019)
| 9 | | Sec. 5. Construction, modification, or establishment of | 10 | | health care facilities or acquisition of major medical | 11 | | equipment; permits or exemptions. No person shall construct, | 12 | | modify or establish a
health care facility or acquire major | 13 | | medical equipment without first
obtaining a permit or exemption | 14 | | from the State
Board. The State Board shall not delegate to the | 15 | | staff of
the State Board or any other person or entity the | 16 | | authority to grant
permits or exemptions whenever the staff or |
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| 1 | | other person or
entity would be required to exercise any | 2 | | discretion affecting the decision
to grant a permit or | 3 | | exemption. The State Board may, by rule, delegate authority to | 4 | | the Chairman to grant permits or exemptions when applications | 5 | | meet all of the State Board's review criteria and are | 6 | | unopposed.
| 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) substantially changes the scope or changes the | 13 | | functional operation
of the facility; or
| 14 | | (c) changes the bed capacity of a health care facility | 15 | | by increasing the
total number of beds or by distributing | 16 | | beds among
various categories of service or by relocating | 17 | | beds from one physical facility
or site to another by more | 18 | | than 20 beds or more than 10% of total bed
capacity as | 19 | | defined by the
State Board, whichever is less, over a 2 | 20 | | year period.
| 21 | | A permit shall be valid only for the defined construction | 22 | | or modifications,
site, amount and person named in the | 23 | | application for such permit and
shall not be transferable or | 24 | | assignable. A permit shall not be deemed transferred or | 25 | | assigned if the permit continues to be held by a business | 26 | | corporation that undergoes a change in shareholders, provided |
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| 1 | | that a majority of the board of directors of the business | 2 | | corporation following the change in shareholders were | 3 | | directors of the business corporation prior to the change in | 4 | | shareholders and the chief executive officer, chief medical | 5 | | officer, and general counsel remain in place. A permit shall be | 6 | | valid until such
time as the project has been completed,
| 7 | | provided that (a) obligation of the project occurs within 12 | 8 | | months following
issuance of the permit except for major | 9 | | construction projects such obligation
must
occur within 18 | 10 | | months following issuance of the permit; and (b) the project
| 11 | | commences and proceeds to completion with due diligence. To | 12 | | monitor progress toward project commencement and completion, | 13 | | routine post-permit reports shall be limited to annual progress | 14 | | reports and the final completion and cost report. Projects may | 15 | | deviate from the costs, fees, and expenses provided in their | 16 | | project cost information for the project's cost components, | 17 | | provided that the final total project cost does not exceed the | 18 | | approved permit amount. Major construction
projects, for the | 19 | | purposes of this Act, shall include but are not limited
to: | 20 | | projects for the construction of new buildings; additions to | 21 | | existing
facilities; modernization projects
whose cost is in | 22 | | excess of $1,000,000 or 10% of the facilities' operating
| 23 | | revenue, whichever is less; and such other projects as the | 24 | | State Board shall
define and prescribe pursuant to this Act. | 25 | | The State Board may extend the
obligation period upon a showing | 26 | | of good cause by the permit holder. Permits
for projects that |
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| 1 | | have not been obligated within the prescribed obligation
period | 2 | | shall expire on the last day of that period.
| 3 | | The acquisition by any person of major medical equipment | 4 | | that will not
be owned by or located in a health care facility | 5 | | and that will not be used
to provide services to inpatients of | 6 | | a health care facility shall be exempt
from review provided | 7 | | that a notice is filed in accordance with exemption
| 8 | | requirements.
| 9 | | Notwithstanding any other provision of this Act, no permit | 10 | | or exemption is
required for the construction or modification | 11 | | of a non-clinical service area
of a health care facility.
| 12 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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