Full Text of SB3614 97th General Assembly
SB3614sam001 97TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 3/2/2012
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| 1 | | AMENDMENT TO SENATE BILL 3614
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3614 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended by changing Sections 5 and 12 as follows:
| 6 | | (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
| 7 | | (Section scheduled to be repealed on December 31, 2019)
| 8 | | Sec. 5. Construction, modification, or establishment of | 9 | | health care facilities or acquisition of major medical | 10 | | equipment; permits or exemptions. No person shall construct, | 11 | | modify or establish a
health care facility or acquire major | 12 | | medical equipment without first
obtaining a permit or exemption | 13 | | from the State
Board. The State Board shall not delegate to the | 14 | | staff of
the State Board or any other person or entity the | 15 | | authority to grant
permits or exemptions whenever the staff or | 16 | | other person or
entity would be required to exercise any |
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| 1 | | discretion affecting the decision
to grant a permit or | 2 | | exemption. The State Board may, by rule, delegate authority to | 3 | | the Chairman to grant permits or exemptions when applications | 4 | | meet all of the State Board's review criteria and are | 5 | | unopposed.
| 6 | | A permit or exemption shall be obtained prior to the | 7 | | acquisition
of major medical equipment or to the construction | 8 | | or modification of a
health care facility which:
| 9 | | (a) requires a total capital expenditure in excess of | 10 | | the capital
expenditure
minimum; or
| 11 | | (b) substantially changes the scope or changes the | 12 | | functional operation
of the facility; or
| 13 | | (c) changes the bed capacity of a health care facility | 14 | | by increasing the
total number of beds or by distributing | 15 | | beds among
various categories of service or by relocating | 16 | | beds from one physical facility
or site to another by more | 17 | | than 20 beds or more than 10% of total bed
capacity as | 18 | | defined by the
State Board, whichever is less, over a 2 | 19 | | year period , except as provided in item (16) of Section 12 .
| 20 | | A permit shall be valid only for the defined construction | 21 | | or modifications,
site, amount and person named in the | 22 | | application for such permit and
shall not be transferable or | 23 | | assignable. A permit shall be valid until such
time as the | 24 | | project has been completed,
provided that (a) obligation of the | 25 | | project occurs within 12 months following
issuance of the | 26 | | permit except for major construction projects such obligation
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| 1 | | must
occur within 18 months following issuance of the permit; | 2 | | and (b) the project
commences and proceeds to completion with | 3 | | due diligence. To monitor progress toward project commencement | 4 | | and completion, routine post-permit reports shall be limited to | 5 | | annual progress reports and the final completion and cost | 6 | | report. Projects may deviate from the costs, fees, and expenses | 7 | | provided in their project cost information for the project's | 8 | | cost components, provided that the final total project cost | 9 | | does not exceed the approved permit amount. Major construction
| 10 | | projects, for the purposes of this Act, shall include but are | 11 | | not limited
to: projects for the construction of new buildings; | 12 | | additions to existing
facilities; modernization projects
whose | 13 | | cost is in excess of $1,000,000 or 10% of the facilities' | 14 | | operating
revenue, whichever is less; and such other projects | 15 | | as the State Board shall
define and prescribe pursuant to this | 16 | | Act. The State Board may extend the
obligation period upon a | 17 | | showing of good cause by the permit holder. Permits
for | 18 | | projects that have not been obligated within the prescribed | 19 | | obligation
period shall expire on the last day of that period.
| 20 | | The acquisition by any person of major medical equipment | 21 | | that will not
be owned by or located in a health care facility | 22 | | and that will not be used
to provide services to inpatients of | 23 | | a health care facility shall be exempt
from review provided | 24 | | that a notice is filed in accordance with exemption
| 25 | | requirements.
| 26 | | Notwithstanding any other provision of this Act, no permit |
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| 1 | | or exemption is
required for the construction or modification | 2 | | of a non-clinical service area
of a health care facility.
| 3 | | (Source: P.A. 96-31, eff. 6-30-09.)
| 4 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 5 | | (Section scheduled to be repealed on December 31, 2019) | 6 | | Sec. 12. Powers and duties of State Board. For purposes of | 7 | | this Act,
the State Board
shall
exercise the following powers | 8 | | and duties:
| 9 | | (1) Prescribe rules,
regulations, standards, criteria, | 10 | | procedures or reviews which may vary
according to the purpose | 11 | | for which a particular review is being conducted
or the type of | 12 | | project reviewed and which are required to carry out the
| 13 | | provisions and purposes of this Act. Policies and procedures of | 14 | | the State Board shall take into consideration the priorities | 15 | | and needs of medically underserved areas and other health care | 16 | | services identified through the comprehensive health planning | 17 | | process, giving special consideration to the impact of projects | 18 | | on access to safety net services.
| 19 | | (2) Adopt procedures for public
notice and hearing on all | 20 | | proposed rules, regulations, standards,
criteria, and plans | 21 | | required to carry out the provisions of this Act.
| 22 | | (3) (Blank).
| 23 | | (4) Develop criteria and standards for health care | 24 | | facilities planning,
conduct statewide inventories of health | 25 | | care facilities, maintain an updated
inventory on the Board's |
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| 1 | | web site reflecting the
most recent bed and service
changes and | 2 | | updated need determinations when new census data become | 3 | | available
or new need formulae
are adopted,
and
develop health | 4 | | care facility plans which shall be utilized in the review of
| 5 | | applications for permit under
this Act. Such health facility | 6 | | plans shall be coordinated by the Board
with pertinent State | 7 | | Plans. Inventories pursuant to this Section of skilled or | 8 | | intermediate care facilities licensed under the Nursing Home | 9 | | Care Act, skilled or intermediate care facilities licensed | 10 | | under the ID/DD Community Care Act, facilities licensed under | 11 | | the Specialized Mental Health Rehabilitation Act, or nursing | 12 | | homes licensed under the Hospital Licensing Act shall be | 13 | | conducted on an annual basis no later than July 1 of each year | 14 | | and shall include among the information requested a list of all | 15 | | services provided by a facility to its residents and to the | 16 | | community at large and differentiate between active and | 17 | | inactive beds.
| 18 | | In developing health care facility plans, the State Board | 19 | | shall consider,
but shall not be limited to, the following:
| 20 | | (a) The size, composition and growth of the population | 21 | | of the area
to be served;
| 22 | | (b) The number of existing and planned facilities | 23 | | offering similar
programs;
| 24 | | (c) The extent of utilization of existing facilities;
| 25 | | (d) The availability of facilities which may serve as | 26 | | alternatives
or substitutes;
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| 1 | | (e) The availability of personnel necessary to the | 2 | | operation of the
facility;
| 3 | | (f) Multi-institutional planning and the establishment | 4 | | of
multi-institutional systems where feasible;
| 5 | | (g) The financial and economic feasibility of proposed | 6 | | construction
or modification; and
| 7 | | (h) In the case of health care facilities established | 8 | | by a religious
body or denomination, the needs of the | 9 | | members of such religious body or
denomination may be | 10 | | considered to be public need.
| 11 | | The health care facility plans which are developed and | 12 | | adopted in
accordance with this Section shall form the basis | 13 | | for the plan of the State
to deal most effectively with | 14 | | statewide health needs in regard to health
care facilities.
| 15 | | (5) Coordinate with the Center for Comprehensive Health | 16 | | Planning and other state agencies having responsibilities
| 17 | | affecting health care facilities, including those of licensure | 18 | | and cost
reporting.
| 19 | | (6) Solicit, accept, hold and administer on behalf of the | 20 | | State
any grants or bequests of money, securities or property | 21 | | for
use by the State Board or Center for Comprehensive Health | 22 | | Planning in the administration of this Act; and enter into | 23 | | contracts
consistent with the appropriations for purposes | 24 | | enumerated in this Act.
| 25 | | (7) The State Board shall prescribe procedures for review, | 26 | | standards,
and criteria which shall be utilized
to make |
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| 1 | | periodic reviews and determinations of the appropriateness
of | 2 | | any existing health services being rendered by health care | 3 | | facilities
subject to the Act. The State Board shall consider | 4 | | recommendations of the
Board in making its
determinations.
| 5 | | (8) Prescribe, in consultation
with the Center for | 6 | | Comprehensive Health Planning, rules, regulations,
standards, | 7 | | and criteria for the conduct of an expeditious review of
| 8 | | applications
for permits for projects of construction or | 9 | | modification of a health care
facility, which projects are | 10 | | classified as emergency, substantive, or non-substantive in | 11 | | nature. | 12 | | Six months after June 30, 2009 (the effective date of | 13 | | Public Act 96-31), substantive projects shall include no more | 14 | | than the following: | 15 | | (a) Projects to construct (1) a new or replacement | 16 | | facility located on a new site or
(2) a replacement | 17 | | facility located on the same site as the original facility | 18 | | and the cost of the replacement facility exceeds the | 19 | | capital expenditure minimum; | 20 | | (b) Projects proposing a
(1) new service or
(2) | 21 | | discontinuation of a service, which shall be reviewed by | 22 | | the Board within 60 days; or | 23 | | (c) Projects proposing a change in the bed capacity of | 24 | | a health care facility by an increase in the total number | 25 | | of beds or by a redistribution of beds among various | 26 | | categories of service or by a relocation of beds from one |
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| 1 | | physical facility or site to another by more than 20 beds | 2 | | or more than 10% of total bed capacity, as defined by the | 3 | | State Board, whichever is less, over a 2-year period. | 4 | | The Chairman may approve applications for exemption that | 5 | | meet the criteria set forth in rules or refer them to the full | 6 | | Board. The Chairman may approve any unopposed application that | 7 | | meets all of the review criteria or refer them to the full | 8 | | Board. | 9 | | Such rules shall
not abridge the right of the Center for | 10 | | Comprehensive Health Planning to make
recommendations on the | 11 | | classification and approval of projects, nor shall
such rules | 12 | | prevent the conduct of a public hearing upon the timely request
| 13 | | of an interested party. Such reviews shall not exceed 60 days | 14 | | from the
date the application is declared to be complete.
| 15 | | (9) Prescribe rules, regulations,
standards, and criteria | 16 | | pertaining to the granting of permits for
construction
and | 17 | | modifications which are emergent in nature and must be | 18 | | undertaken
immediately to prevent or correct structural | 19 | | deficiencies or hazardous
conditions that may harm or injure | 20 | | persons using the facility, as defined
in the rules and | 21 | | regulations of the State Board. This procedure is exempt
from | 22 | | public hearing requirements of this Act.
| 23 | | (10) Prescribe rules,
regulations, standards and criteria | 24 | | for the conduct of an expeditious
review, not exceeding 60 | 25 | | days, of applications for permits for projects to
construct or | 26 | | modify health care facilities which are needed for the care
and |
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| 1 | | treatment of persons who have acquired immunodeficiency | 2 | | syndrome (AIDS)
or related conditions.
| 3 | | (11) Issue written decisions upon request of the applicant | 4 | | or an adversely affected party to the Board within 30 days of | 5 | | the meeting in which a final decision has been made. A "final | 6 | | decision" for purposes of this Act is the decision to approve | 7 | | or deny an application, or take other actions permitted under | 8 | | this Act, at the time and date of the meeting that such action | 9 | | is scheduled by the Board. The staff of the State Board shall | 10 | | prepare a written copy of the final decision and the State | 11 | | Board shall approve a final copy for inclusion in the formal | 12 | | record. | 13 | | (12) Require at least one of its members to participate in | 14 | | any public hearing, after the appointment of the 9 members to | 15 | | the Board. | 16 | | (13) Provide a mechanism for the public to comment on, and | 17 | | request changes to, draft rules and standards. | 18 | | (14) Implement public information campaigns to regularly | 19 | | inform the general public about the opportunity for public | 20 | | hearings and public hearing procedures. | 21 | | (15) Establish a separate set of rules and guidelines for | 22 | | long-term care that recognizes that nursing homes are a | 23 | | different business line and service model from other regulated | 24 | | facilities. An open and transparent process shall be developed | 25 | | that considers the following: how skilled nursing fits in the | 26 | | continuum of care with other care providers, modernization of |
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| 1 | | nursing homes, establishment of more private rooms, | 2 | | development of alternative services, and current trends in | 3 | | long-term care services.
The Chairman of the Board shall | 4 | | appoint a permanent Health Services Review Board Long-term Care | 5 | | Facility Advisory Subcommittee that shall develop and | 6 | | recommend to the Board the rules to be established by the Board | 7 | | under this paragraph (15). The Subcommittee shall also provide | 8 | | continuous review and commentary on policies and procedures | 9 | | relative to long-term care and the review of related projects. | 10 | | In consultation with other experts from the health field of | 11 | | long-term care, the Board and the Subcommittee shall study new | 12 | | approaches to the current bed need formula and Health Service | 13 | | Area boundaries to encourage flexibility and innovation in | 14 | | design models reflective of the changing long-term care | 15 | | marketplace and consumer preferences. The Board shall file the | 16 | | proposed related administrative rules for the separate rules | 17 | | and guidelines for long-term care required by this paragraph | 18 | | (15) by September 1, 2010. The Subcommittee shall be provided a | 19 | | reasonable and timely opportunity to review and comment on any | 20 | | review, revision, or updating of the criteria, standards, | 21 | | procedures, and rules used to evaluate project applications as | 22 | | provided under Section 12.3 of this Act prior to approval by | 23 | | the Board and promulgation of related rules. | 24 | | (16) Prescribe rules developed and recommended by the | 25 | | Subcommittee to establish a bed exchange program that, at a | 26 | | minimum, provides for the movement of beds between facilities |
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| 1 | | within a specific geographic or drive time area without the | 2 | | prior approval of the State Board, regardless of whether the | 3 | | beds are currently licensed to the owner of the facility to | 4 | | which the beds are transferred or the facility purchases the | 5 | | licenses for the beds from a third party. | 6 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | 7 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | 8 | | revised 9-7-11.)
| 9 | | Section 99. Effective date. This Act takes effect one year | 10 | | after becoming law.".
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