Full Text of HB4563 97th General Assembly
HB4563eng 97TH GENERAL ASSEMBLY |
| | HB4563 Engrossed | | LRB097 17230 PJG 62430 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 3, 13, and 14.1 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| 7 | | (Section scheduled to be repealed on December 31, 2019) | 8 | | Sec. 3.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 | 10 | | facilities and organizations:
| 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
|
| | | HB4563 Engrossed | - 2 - | LRB097 17230 PJG 62430 b |
|
| 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 | 20 | | facility or the renovation of any existing facility located on | 21 | | any campus facility as defined in Section 5-5.8b of the | 22 | | Illinois Public Aid Code, provided that the campus facility | 23 | | encompasses 30 or more contiguous acres and that the new or | 24 | | renovated facility is intended for use by a licensed | 25 | | residential facility. | 26 | | No federally owned facility shall be subject to the |
| | | HB4563 Engrossed | - 3 - | LRB097 17230 PJG 62430 b |
|
| 1 | | provisions of this
Act, nor facilities used solely for healing | 2 | | by prayer or spiritual means.
| 3 | | No facility licensed under the Supportive Residences | 4 | | Licensing Act or the
Assisted Living and Shared Housing Act
| 5 | | shall be subject to the provisions of this Act.
| 6 | | No facility established and operating under the | 7 | | Alternative Health Care Delivery Act as a children's respite | 8 | | care center alternative health care model demonstration | 9 | | program or as an Alzheimer's Disease Management Center | 10 | | alternative health care model demonstration program shall be | 11 | | subject to the provisions of this Act. | 12 | | A facility designated as a supportive living facility that | 13 | | is in good
standing with the program
established under Section | 14 | | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | 15 | | the provisions of this
Act.
| 16 | | This Act does not apply to facilities granted waivers under | 17 | | Section 3-102.2
of the Nursing Home Care Act. However, if a | 18 | | demonstration project under that
Act applies for a certificate
| 19 | | of need to convert to a nursing facility, it shall meet the | 20 | | licensure and
certificate of need requirements in effect as of | 21 | | the date of application. | 22 | | This Act does not apply to a dialysis facility that | 23 | | provides only dialysis training, support, and related services | 24 | | to individuals with end stage renal disease who have elected to | 25 | | receive home dialysis. This Act does not apply to a dialysis | 26 | | unit located in a licensed nursing home that offers or provides |
| | | HB4563 Engrossed | - 4 - | LRB097 17230 PJG 62430 b |
|
| 1 | | dialysis-related services to residents with end stage renal | 2 | | disease who have elected to receive home dialysis within the | 3 | | nursing home. The Board, however, may require these dialysis | 4 | | facilities and licensed nursing homes to report statistical | 5 | | information on a quarterly basis to the Board to be used by the | 6 | | Board to conduct analyses on the need for proposed kidney | 7 | | disease treatment centers.
| 8 | | This Act shall not apply to the closure of an entity or a | 9 | | portion of an
entity licensed under the Nursing Home Care Act, | 10 | | the Specialized Mental Health Rehabilitation Act, or the ID/DD | 11 | | MR/DD Community Care Act, with the exceptions of facilities | 12 | | operated by a county or Illinois Veterans Homes, that elects to | 13 | | convert, in
whole or in part, to an assisted living or shared | 14 | | housing establishment
licensed under the Assisted Living and | 15 | | Shared Housing Act.
| 16 | | This Act does not apply to any change of ownership of a | 17 | | healthcare facility that is licensed under the Nursing Home | 18 | | Care Act, the Specialized Mental Health Rehabilitation Act, or | 19 | | the ID/DD Community Care Act, with the exceptions of facilities | 20 | | operated by a county or Illinois Veterans Homes. Changes of | 21 | | ownership of facilities licensed under the Nursing Home Care | 22 | | Act must meet the requirements set forth in Sections 3-101 | 23 | | through 3-119 of the Nursing Home Care Act.
| 24 | | With the exception of those health care facilities | 25 | | specifically
included in this Section, nothing in this Act | 26 | | shall be intended to
include facilities operated as a part of |
| | | HB4563 Engrossed | - 5 - | LRB097 17230 PJG 62430 b |
|
| 1 | | the practice of a physician or
other licensed health care | 2 | | professional, whether practicing in his
individual capacity or | 3 | | within the legal structure of any partnership,
medical or | 4 | | professional corporation, or unincorporated medical or
| 5 | | professional group. Further, this Act shall not apply to | 6 | | physicians or
other licensed health care professional's | 7 | | practices where such practices
are carried out in a portion of | 8 | | a health care facility under contract
with such health care | 9 | | facility by a physician or by other licensed
health care | 10 | | professionals, whether practicing in his individual capacity
| 11 | | or within the legal structure of any partnership, medical or
| 12 | | professional corporation, or unincorporated medical or | 13 | | professional
groups. This Act shall apply to construction or
| 14 | | modification and to establishment by such health care facility | 15 | | of such
contracted portion which is subject to facility | 16 | | licensing requirements,
irrespective of the party responsible | 17 | | for such action or attendant
financial obligation. | 18 | | No permit or exemption is required for a facility licensed | 19 | | under the ID/DD Community Care Act prior to the reduction of | 20 | | the number of beds at a facility. If there is a total reduction | 21 | | of beds at a facility licensed under the ID/DD Community Care | 22 | | Act, this is a discontinuation or closure of the facility. | 23 | | However, if a facility licensed under the ID/DD Community Care | 24 | | Act reduces the number of beds or discontinues the facility, | 25 | | that facility must notify the Board as provided in Section 14.1 | 26 | | of this Act.
|
| | | HB4563 Engrossed | - 6 - | LRB097 17230 PJG 62430 b |
|
| 1 | | "Person" means any one or more natural persons, legal | 2 | | entities,
governmental bodies other than federal, or any | 3 | | combination thereof.
| 4 | | "Consumer" means any person other than a person (a) whose | 5 | | major
occupation currently involves or whose official capacity | 6 | | within the last
12 months has involved the providing, | 7 | | administering or financing of any
type of health care facility, | 8 | | (b) who is engaged in health research or
the teaching of | 9 | | health, (c) who has a material financial interest in any
| 10 | | activity which involves the providing, administering or | 11 | | financing of any
type of health care facility, or (d) who is or | 12 | | ever has been a member of
the immediate family of the person | 13 | | defined by (a), (b), or (c).
| 14 | | "State Board" or "Board" means the Health Facilities and | 15 | | Services Review Board.
| 16 | | "Construction or modification" means the establishment, | 17 | | erection,
building, alteration, reconstruction, modernization, | 18 | | improvement,
extension, discontinuation, change of ownership, | 19 | | of or by a health care
facility, or the purchase or acquisition | 20 | | by or through a health care facility
of
equipment or service | 21 | | for diagnostic or therapeutic purposes or for
facility | 22 | | administration or operation, or any capital expenditure made by
| 23 | | or on behalf of a health care facility which
exceeds the | 24 | | capital expenditure minimum; however, any capital expenditure
| 25 | | made by or on behalf of a health care facility for (i) the | 26 | | construction or
modification of a facility licensed under the |
| | | HB4563 Engrossed | - 7 - | LRB097 17230 PJG 62430 b |
|
| 1 | | Assisted Living and Shared
Housing Act or (ii) a conversion | 2 | | project undertaken in accordance with Section 30 of the Older | 3 | | Adult Services Act shall be excluded from any obligations under | 4 | | this Act.
| 5 | | "Establish" means the construction of a health care | 6 | | facility or the
replacement of an existing facility on another | 7 | | site or the initiation of a category of service as defined by | 8 | | the Board.
| 9 | | "Major medical equipment" means medical equipment which is | 10 | | used for the
provision of medical and other health services and | 11 | | which costs in excess
of the capital expenditure minimum, | 12 | | except that such term does not include
medical equipment | 13 | | acquired
by or on behalf of a clinical laboratory to provide | 14 | | clinical laboratory
services if the clinical laboratory is | 15 | | independent of a physician's office
and a hospital and it has | 16 | | been determined under Title XVIII of the Social
Security Act to | 17 | | meet the requirements of paragraphs (10) and (11) of Section
| 18 | | 1861(s) of such Act. In determining whether medical equipment | 19 | | has a value
in excess of the capital expenditure minimum, the | 20 | | value of studies, surveys,
designs, plans, working drawings, | 21 | | specifications, and other activities
essential to the | 22 | | acquisition of such equipment shall be included.
| 23 | | "Capital Expenditure" means an expenditure: (A) made by or | 24 | | on behalf of
a health care facility (as such a facility is | 25 | | defined in this Act); and
(B) which under generally accepted | 26 | | accounting principles is not properly
chargeable as an expense |
| | | HB4563 Engrossed | - 8 - | LRB097 17230 PJG 62430 b |
|
| 1 | | of operation and maintenance, or is made to obtain
by lease or | 2 | | comparable arrangement any facility or part thereof or any
| 3 | | equipment for a facility or part; and which exceeds the capital | 4 | | expenditure
minimum.
| 5 | | For the purpose of this paragraph, the cost of any studies, | 6 | | surveys, designs,
plans, working drawings, specifications, and | 7 | | other activities essential
to the acquisition, improvement, | 8 | | expansion, or replacement of any plant
or equipment with | 9 | | respect to which an expenditure is made shall be included
in | 10 | | determining if such expenditure exceeds the capital | 11 | | expenditures minimum.
Unless otherwise interdependent, or | 12 | | submitted as one project by the applicant, components of | 13 | | construction or modification undertaken by means of a single | 14 | | construction contract or financed through the issuance of a | 15 | | single debt instrument shall not be grouped together as one | 16 | | project. Donations of equipment
or facilities to a health care | 17 | | facility which if acquired directly by such
facility would be | 18 | | subject to review under this Act shall be considered capital
| 19 | | expenditures, and a transfer of equipment or facilities for | 20 | | less than fair
market value shall be considered a capital | 21 | | expenditure for purposes of this
Act if a transfer of the | 22 | | equipment or facilities at fair market value would
be subject | 23 | | to review.
| 24 | | "Capital expenditure minimum" means $11,500,000 for | 25 | | projects by hospital applicants, $6,500,000 for applicants for | 26 | | projects related to skilled and intermediate care long-term |
| | | HB4563 Engrossed | - 9 - | LRB097 17230 PJG 62430 b |
|
| 1 | | care facilities licensed under the Nursing Home Care Act, and | 2 | | $3,000,000 for projects by all other applicants, which shall be | 3 | | annually
adjusted to reflect the increase in construction costs | 4 | | due to inflation, for major medical equipment and for all other
| 5 | | capital expenditures.
| 6 | | "Non-clinical service area" means an area (i) for the | 7 | | benefit of the
patients, visitors, staff, or employees of a | 8 | | health care facility and (ii) not
directly related to the | 9 | | diagnosis, treatment, or rehabilitation of persons
receiving | 10 | | services from the health care facility. "Non-clinical service | 11 | | areas"
include, but are not limited to, chapels; gift shops; | 12 | | news stands; computer
systems; tunnels, walkways, and | 13 | | elevators; telephone systems; projects to
comply with life | 14 | | safety codes; educational facilities; student housing;
| 15 | | patient, employee, staff, and visitor dining areas; | 16 | | administration and
volunteer offices; modernization of | 17 | | structural components (such as roof
replacement and masonry | 18 | | work); boiler repair or replacement; vehicle
maintenance and | 19 | | storage facilities; parking facilities; mechanical systems for
| 20 | | heating, ventilation, and air conditioning; loading docks; and | 21 | | repair or
replacement of carpeting, tile, wall coverings, | 22 | | window coverings or treatments,
or furniture. Solely for the | 23 | | purpose of this definition, "non-clinical service
area" does | 24 | | not include health and fitness centers.
| 25 | | "Areawide" means a major area of the State delineated on a
| 26 | | geographic, demographic, and functional basis for health |
| | | HB4563 Engrossed | - 10 - | LRB097 17230 PJG 62430 b |
|
| 1 | | planning and
for health service and having within it one or | 2 | | more local areas for
health planning and health service. The | 3 | | term "region", as contrasted
with the term "subregion", and the | 4 | | word "area" may be used synonymously
with the term "areawide".
| 5 | | "Local" means a subarea of a delineated major area that on | 6 | | a
geographic, demographic, and functional basis may be | 7 | | considered to be
part of such major area. The term "subregion" | 8 | | may be used synonymously
with the term "local".
| 9 | | "Physician" means a person licensed to practice in | 10 | | accordance with
the Medical Practice Act of 1987, as amended.
| 11 | | "Licensed health care professional" means a person | 12 | | licensed to
practice a health profession under pertinent | 13 | | licensing statutes of the
State of Illinois.
| 14 | | "Director" means the Director of the Illinois Department of | 15 | | Public Health.
| 16 | | "Agency" means the Illinois Department of Public Health.
| 17 | | "Alternative health care model" means a facility or program | 18 | | authorized
under the Alternative Health Care Delivery Act.
| 19 | | "Out-of-state facility" means a person that is both (i) | 20 | | licensed as a
hospital or as an ambulatory surgery center under | 21 | | the laws of another state
or that
qualifies as a hospital or an | 22 | | ambulatory surgery center under regulations
adopted pursuant | 23 | | to the Social Security Act and (ii) not licensed under the
| 24 | | Ambulatory Surgical Treatment Center Act, the Hospital | 25 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of | 26 | | out-of-state facilities shall be
considered out-of-state |
| | | HB4563 Engrossed | - 11 - | LRB097 17230 PJG 62430 b |
|
| 1 | | facilities. Affiliates of Illinois licensed health
care | 2 | | facilities 100% owned by an Illinois licensed health care | 3 | | facility, its
parent, or Illinois physicians licensed to | 4 | | practice medicine in all its
branches shall not be considered | 5 | | out-of-state facilities. Nothing in
this definition shall be
| 6 | | construed to include an office or any part of an office of a | 7 | | physician licensed
to practice medicine in all its branches in | 8 | | Illinois that is not required to be
licensed under the | 9 | | Ambulatory Surgical Treatment Center Act.
| 10 | | "Change of ownership of a health care facility" means a | 11 | | change in the
person
who has ownership or
control of a health | 12 | | care facility's physical plant and capital assets. A change
in | 13 | | ownership is indicated by
the following transactions: sale, | 14 | | transfer, acquisition, lease, change of
sponsorship, or other | 15 | | means of
transferring control.
| 16 | | "Related person" means any person that: (i) is at least 50% | 17 | | owned, directly
or indirectly, by
either the health care | 18 | | facility or a person owning, directly or indirectly, at
least | 19 | | 50% of the health
care facility; or (ii) owns, directly or | 20 | | indirectly, at least 50% of the
health care facility.
| 21 | | "Charity care" means care provided by a health care | 22 | | facility for which the provider does not expect to receive | 23 | | payment from the patient or a third-party payer. | 24 | | "Freestanding emergency center" means a facility subject | 25 | | to licensure under Section 32.5 of the Emergency Medical | 26 | | Services (EMS) Systems Act. |
| | | HB4563 Engrossed | - 12 - | LRB097 17230 PJG 62430 b |
|
| 1 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | 2 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; | 3 | | revised 9-7-11.)
| 4 | | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| 5 | | (Section scheduled to be repealed on December 31, 2019)
| 6 | | Sec. 13. Investigation of applications for permits and | 7 | | certificates of
recognition. The Agency or the State Board | 8 | | shall make or cause to be made
such investigations as it or the | 9 | | State Board deems necessary in connection
with an application | 10 | | for a permit or an application for a certificate of
| 11 | | recognition, or in connection with a determination of whether | 12 | | or not
construction
or modification which has been commenced is | 13 | | in accord with the permit issued
by the State Board or whether | 14 | | construction or modification has been commenced
without a | 15 | | permit having been obtained. The State Board may issue | 16 | | subpoenas
duces tecum requiring the production of records and | 17 | | may administer oaths
to such witnesses.
| 18 | | Any circuit court of this State, upon the application of | 19 | | the State Board
or upon the application of any party to such | 20 | | proceedings, may, in its
discretion,
compel the attendance of | 21 | | witnesses, the production of books, papers, records,
or | 22 | | memoranda and the giving of testimony before the State Board, | 23 | | by a
proceeding
as for contempt, or otherwise, in the same | 24 | | manner as production of evidence
may be compelled before the | 25 | | court.
|
| | | HB4563 Engrossed | - 13 - | LRB097 17230 PJG 62430 b |
|
| 1 | | The State Board shall require all health facilities | 2 | | operating
in this State
to provide such reasonable reports at | 3 | | such times and containing such
information
as is needed by it | 4 | | to carry out the purposes and provisions of this Act.
Prior to | 5 | | collecting information from health facilities, the State Board
| 6 | | shall make reasonable efforts
through a public process to | 7 | | consult with health facilities and associations
that represent | 8 | | them to determine
whether data and information requests will | 9 | | result in useful information for
health planning, whether
| 10 | | sufficient information is available from other sources, and | 11 | | whether data
requested is routinely collected
by health | 12 | | facilities and is available without retrospective record | 13 | | review. Data
and information requests
shall not impose undue | 14 | | paperwork burdens on health care facilities and
personnel.
| 15 | | Health facilities not complying with this requirement shall be | 16 | | reported
to licensing, accrediting, certifying, or payment | 17 | | agencies as being in
violation
of State law. Health care | 18 | | facilities and other parties at interest shall
have reasonable | 19 | | access, under rules established by the State Board, to all
| 20 | | planning information submitted in accord with this Act | 21 | | pertaining to their
area.
| 22 | | Among the reports to be required by the State Board are | 23 | | facility questionnaires for health care facilities licensed | 24 | | under the Ambulatory Surgical Treatment Center Act, the | 25 | | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | 26 | | Community Care Act, the Specialized Mental Health |
| | | HB4563 Engrossed | - 14 - | LRB097 17230 PJG 62430 b |
|
| 1 | | Rehabilitation Act, or the End Stage Renal Disease Facility | 2 | | Act. These questionnaires shall be conducted on an annual basis | 3 | | and compiled by the Agency. For health care facilities licensed | 4 | | under the Nursing Home Care Act or , the Specialized Mental | 5 | | Health Rehabilitation Act, or the ID/DD Community Care Act, | 6 | | these reports shall include, but not be limited to, the | 7 | | identification of specialty services provided by the facility | 8 | | to patients, residents, and the community at large. Annual | 9 | | reports for facilities licensed under the ID/DD Community Care | 10 | | Act shall be different from the annual reports required of | 11 | | other health care facilities and shall be specific to those | 12 | | facilities licensed under the ID/DD Community Care Act. The | 13 | | Health Facilities and Services Review Board shall consult with | 14 | | associations representing facilities licensed under the ID/DD | 15 | | Community Care Act when developing the information requested in | 16 | | these annual reports. For health care facilities that contain | 17 | | long term care beds, the reports shall also include the number | 18 | | of staffed long term care beds, physical capacity for long term | 19 | | care beds at the facility, and long term care beds available | 20 | | for immediate occupancy. For purposes of this paragraph, "long | 21 | | term care beds" means beds
(i) licensed under the Nursing Home | 22 | | Care Act, (ii) licensed under the ID/DD Community Care Act, | 23 | | (iii) licensed under the Hospital Licensing Act, or (iv) | 24 | | licensed under the Specialized Mental Health Rehabilitation | 25 | | Act and certified as skilled nursing or nursing facility beds | 26 | | under Medicaid or Medicare.
|
| | | HB4563 Engrossed | - 15 - | LRB097 17230 PJG 62430 b |
|
| 1 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 2 | | eff. 1-1-12; revised 9-7-11.)
| 3 | | (20 ILCS 3960/14.1)
| 4 | | Sec. 14.1. Denial of permit; other sanctions. | 5 | | (a) The State Board may deny an application for a permit or | 6 | | may revoke or
take other action as permitted by this Act with | 7 | | regard to a permit as the State
Board deems appropriate, | 8 | | including the imposition of fines as set forth in this
Section, | 9 | | for any one or a combination of the following: | 10 | | (1) The acquisition of major medical equipment without | 11 | | a permit or in
violation of the terms of a permit. | 12 | | (2) The establishment, construction, or modification | 13 | | of a health care
facility without a permit or in violation | 14 | | of the terms of a permit. | 15 | | (3) The violation of any provision of this Act or any | 16 | | rule adopted
under this Act. | 17 | | (4) The failure, by any person subject to this Act, to | 18 | | provide information
requested by the State Board or Agency | 19 | | within 30 days after a formal written
request for the | 20 | | information. | 21 | | (5) The failure to pay any fine imposed under this | 22 | | Section within 30 days
of its imposition. | 23 | | (a-5) For facilities licensed under the ID/DD Community | 24 | | Care Act, no permit shall be denied on the basis of prior | 25 | | operator history, other than for actions specified under item |
| | | HB4563 Engrossed | - 16 - | LRB097 17230 PJG 62430 b |
|
| 1 | | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | 2 | | Act. For facilities licensed under the Specialized Mental | 3 | | Health Rehabilitation Act, no permit shall be denied on the | 4 | | basis of prior operator history, other than for actions | 5 | | specified under item (2), (4), or (5) of Section 3-117 of the | 6 | | Specialized Mental Health Rehabilitation Act. For facilities | 7 | | licensed under the Nursing Home Care Act, no permit shall be | 8 | | denied on the basis of prior operator history, other than for: | 9 | | (i) actions specified under item (2), (3), (4), (5), or (6) of | 10 | | Section 3-117 of the Nursing Home Care Act; (ii) actions | 11 | | specified under item (a)(6) of Section 3-119 of the Nursing | 12 | | Home Care Act; or (iii) actions within the preceding 5 years | 13 | | constituting a substantial and repeated failure to comply with | 14 | | the Nursing Home Care Act or the rules and regulations adopted | 15 | | by the Department under that Act. The State Board shall not | 16 | | deny a permit on account of any action described in this | 17 | | subsection (a-5) without also considering all such actions in | 18 | | the light of all relevant information available to the State | 19 | | Board, including whether the permit is sought to substantially | 20 | | comply with a mandatory or voluntary plan of correction | 21 | | associated with any action described in this subsection (a-5).
| 22 | | (b) Persons shall be subject to fines as follows: | 23 | | (1) A permit holder who fails to comply with the | 24 | | requirements of
maintaining a valid permit shall be fined | 25 | | an amount not to exceed 1% of the
approved permit amount | 26 | | plus an additional 1% of the approved permit amount for
|
| | | HB4563 Engrossed | - 17 - | LRB097 17230 PJG 62430 b |
|
| 1 | | each 30-day period, or fraction thereof, that the violation | 2 | | continues. | 3 | | (2) A permit holder who alters the scope of an approved | 4 | | project or whose
project costs exceed the allowable permit | 5 | | amount without first obtaining
approval from the State | 6 | | Board shall be fined an amount not to exceed the sum of
(i) | 7 | | the lesser of $25,000 or 2% of the approved permit amount | 8 | | and (ii) in those
cases where the approved permit amount is | 9 | | exceeded by more than $1,000,000, an
additional $20,000 for | 10 | | each $1,000,000, or fraction thereof, in excess of the
| 11 | | approved permit amount. | 12 | | (3) A person who acquires major medical equipment or | 13 | | who establishes a
category of service without first | 14 | | obtaining a permit or exemption, as the case
may be, shall | 15 | | be fined an amount not to exceed $10,000 for each such
| 16 | | acquisition or category of service established plus an | 17 | | additional $10,000 for
each 30-day period, or fraction | 18 | | thereof, that the violation continues. | 19 | | (4) A person who constructs, modifies, or establishes a | 20 | | health care
facility without first obtaining a permit shall | 21 | | be fined an amount not to
exceed $25,000 plus an additional | 22 | | $25,000 for each 30-day period, or fraction
thereof, that | 23 | | the violation continues. | 24 | | (5) A person who discontinues a health care facility or | 25 | | a category of
service without first obtaining a permit | 26 | | shall be fined an amount not to exceed
$10,000 plus an |
| | | HB4563 Engrossed | - 18 - | LRB097 17230 PJG 62430 b |
|
| 1 | | additional $10,000 for each 30-day period, or fraction | 2 | | thereof,
that the violation continues. For purposes of this | 3 | | subparagraph (5), facilities licensed under the Nursing | 4 | | Home Care Act or the ID/DD Community Care Act, with the | 5 | | exceptions of facilities operated by a county or Illinois | 6 | | Veterans Homes, are exempt from this permit requirement. | 7 | | However, facilities licensed under the Nursing Home Care | 8 | | Act or the ID/DD Community Care Act must comply with | 9 | | Section 3-423 of the Nursing Home Care Act or Section 3-423 | 10 | | of the ID/DD Community Care Act and must provide the Board | 11 | | and the Department of Human Services with 30 days' 30-days' | 12 | | written notice of its intent to close.
Facilities licensed | 13 | | under the ID/DD Community Care Act also must provide the | 14 | | Board and the Department of Human Services with 30 days' | 15 | | written notice of its intent to reduce the number of beds | 16 | | for a facility. | 17 | | (6) A person subject to this Act who fails to provide | 18 | | information
requested by the State Board or Agency within | 19 | | 30 days of a formal written
request shall be fined an | 20 | | amount not to exceed $1,000 plus an additional $1,000
for | 21 | | each 30-day period, or fraction thereof, that the | 22 | | information is not
received by the State Board or Agency. | 23 | | (c) Before imposing any fine authorized under this Section, | 24 | | the State Board
shall afford the person or permit holder, as | 25 | | the case may be, an appearance
before the State Board and an | 26 | | opportunity for a hearing before a hearing
officer appointed by |
| | | HB4563 Engrossed | - 19 - | LRB097 17230 PJG 62430 b |
|
| 1 | | the State Board. The hearing shall be conducted in
accordance | 2 | | with Section 10. | 3 | | (d) All fines collected under this Act shall be transmitted | 4 | | to the State
Treasurer, who shall deposit them into the | 5 | | Illinois Health Facilities Planning
Fund. | 6 | | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | 7 | | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
|
|