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


Rep. William Davis

Filed: 2/26/2013





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2    AMENDMENT NO. ______. Amend House Bill 2423 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on December 31, 2019)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



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1    licensed under the Nursing Home Care Act;
2        3.5. Skilled and intermediate care facilities licensed
3    under the ID/DD Community Care Act;
4        3.7. Facilities licensed under the Specialized Mental
5    Health Rehabilitation Act;
6        4. Hospitals, nursing homes, ambulatory surgical
7    treatment centers, or kidney disease treatment centers
8    maintained by the State or any department or agency
9    thereof;
10        5. Kidney disease treatment centers, including a
11    free-standing hemodialysis unit required to be licensed
12    under the End Stage Renal Disease Facility Act;
13        6. An institution, place, building, or room used for
14    the performance of outpatient surgical procedures that is
15    leased, owned, or operated by or on behalf of an
16    out-of-state facility;
17        7. An institution, place, building, or room used for
18    provision of a health care category of service as defined
19    by the Board, including, but not limited to, cardiac
20    catheterization and open heart surgery; and
21        8. An institution, place, building, or room used for
22    provision of major medical equipment used in the direct
23    clinical diagnosis or treatment of patients, and whose
24    project cost is in excess of the capital expenditure
25    minimum.
26    This Act shall not apply to the construction of any new



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1facility or the renovation of any existing facility located on
2any campus facility as defined in Section 5-5.8b of the
3Illinois Public Aid Code, provided that the campus facility
4encompasses 30 or more contiguous acres and that the new or
5renovated facility is intended for use by a licensed
6residential facility.
7    No federally owned facility shall be subject to the
8provisions of this Act, nor facilities used solely for healing
9by prayer or spiritual means.
10    No facility licensed under the Supportive Residences
11Licensing Act or the Assisted Living and Shared Housing Act
12shall be subject to the provisions of this Act.
13    No facility established and operating under the
14Alternative Health Care Delivery Act as a children's respite
15care center alternative health care model demonstration
16program or as an Alzheimer's Disease Management Center
17alternative health care model demonstration program shall be
18subject to the provisions of this Act.
19    A facility designated as a supportive living facility that
20is in good standing with the program established under Section
215-5.01a of the Illinois Public Aid Code shall not be subject to
22the provisions of this Act.
23    This Act does not apply to facilities granted waivers under
24Section 3-102.2 of the Nursing Home Care Act. However, if a
25demonstration project under that Act applies for a certificate
26of need to convert to a nursing facility, it shall meet the



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1licensure and certificate of need requirements in effect as of
2the date of application.
3    This Act does not apply to a dialysis facility that
4provides only dialysis training, support, and related services
5to individuals with end stage renal disease who have elected to
6receive home dialysis. This Act does not apply to a dialysis
7unit located in a licensed nursing home that offers or provides
8dialysis-related services to residents with end stage renal
9disease who have elected to receive home dialysis within the
10nursing home. The Board, however, may require these dialysis
11facilities and licensed nursing homes to report statistical
12information on a quarterly basis to the Board to be used by the
13Board to conduct analyses on the need for proposed kidney
14disease treatment centers.
15    This Act shall not apply to the closure of an entity or a
16portion of an entity licensed under the Nursing Home Care Act,
17the Specialized Mental Health Rehabilitation Act, or the ID/DD
18Community Care Act, with the exceptions of facilities operated
19by a county or Illinois Veterans Homes, that elects to convert,
20in whole or in part, to an assisted living or shared housing
21establishment licensed under the Assisted Living and Shared
22Housing Act.
23    This Act does not apply to any change of ownership of a
24healthcare facility that is licensed under the Nursing Home
25Care Act, the Specialized Mental Health Rehabilitation Act, or
26the ID/DD Community Care Act, with the exceptions of facilities



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1operated by a county or Illinois Veterans Homes. Changes of
2ownership of facilities licensed under the Nursing Home Care
3Act must meet the requirements set forth in Sections 3-101
4through 3-119 of the Nursing Home Care Act.
5    With the exception of those health care facilities
6specifically included in this Section, nothing in this Act
7shall be intended to include facilities operated as a part of
8the practice of a physician or other licensed health care
9professional, whether practicing in his individual capacity or
10within the legal structure of any partnership, medical or
11professional corporation, or unincorporated medical or
12professional group. Further, this Act shall not apply to
13physicians or other licensed health care professional's
14practices where such practices are carried out in a portion of
15a health care facility under contract with such health care
16facility by a physician or by other licensed health care
17professionals, whether practicing in his individual capacity
18or within the legal structure of any partnership, medical or
19professional corporation, or unincorporated medical or
20professional groups. This Act shall apply to construction or
21modification and to establishment by such health care facility
22of such contracted portion which is subject to facility
23licensing requirements, irrespective of the party responsible
24for such action or attendant financial obligation. This Act
25shall apply to any institution, place, building, or room used
26for the provision of a health care category of service operated



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1or owned by a physician, or within the legal structure of any
2partnership, medical or professional corporation, or
3unincorporated medical or professional group. This Act shall
4apply to any institution, place, building, or room used for the
5provision of major medical equipment used in the direct
6clinical diagnosis or treatment of patients, and whose project
7cost is in excess of the capital expenditure minimum, operated
8or owned by a physician, or within the legal structure of any
9partnership, medical or professional corporation, or
10unincorporated medical or professional group.
11    No permit or exemption is required for a facility licensed
12under the ID/DD Community Care Act prior to the reduction of
13the number of beds at a facility. If there is a total reduction
14of beds at a facility licensed under the ID/DD Community Care
15Act, this is a discontinuation or closure of the facility.
16However, if a facility licensed under the ID/DD Community Care
17Act reduces the number of beds or discontinues the facility,
18that facility must notify the Board as provided in Section 14.1
19of this Act.
20    "Person" means any one or more natural persons, legal
21entities, governmental bodies other than federal, or any
22combination thereof.
23    "Consumer" means any person other than a person (a) whose
24major occupation currently involves or whose official capacity
25within the last 12 months has involved the providing,
26administering or financing of any type of health care facility,



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1(b) who is engaged in health research or the teaching of
2health, (c) who has a material financial interest in any
3activity which involves the providing, administering or
4financing of any type of health care facility, or (d) who is or
5ever has been a member of the immediate family of the person
6defined by (a), (b), or (c).
7    "State Board" or "Board" means the Health Facilities and
8Services Review Board.
9    "Construction or modification" means the establishment,
10erection, building, alteration, reconstruction, modernization,
11improvement, extension, discontinuation, change of ownership,
12of or by a health care facility, or the purchase or acquisition
13by or through a health care facility of equipment or service
14for diagnostic or therapeutic purposes or for facility
15administration or operation, or any capital expenditure made by
16or on behalf of a health care facility which exceeds the
17capital expenditure minimum; however, any capital expenditure
18made by or on behalf of a health care facility for (i) the
19construction or modification of a facility licensed under the
20Assisted Living and Shared Housing Act or (ii) a conversion
21project undertaken in accordance with Section 30 of the Older
22Adult Services Act shall be excluded from any obligations under
23this Act.
24    "Establish" means the construction of a health care
25facility or the replacement of an existing facility on another
26site or the initiation of a category of service as defined by



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1the Board.
2    "Major medical equipment" means medical equipment which is
3used for the provision of medical and other health services and
4which costs in excess of the capital expenditure minimum,
5except that such term does not include medical equipment
6acquired by or on behalf of a clinical laboratory to provide
7clinical laboratory services if the clinical laboratory is
8independent of a physician's office and a hospital and it has
9been determined under Title XVIII of the Social Security Act to
10meet the requirements of paragraphs (10) and (11) of Section
111861(s) of such Act. In determining whether medical equipment
12has a value in excess of the capital expenditure minimum, the
13value of studies, surveys, designs, plans, working drawings,
14specifications, and other activities essential to the
15acquisition of such equipment shall be included.
16    "Capital Expenditure" means an expenditure: (A) made by or
17on behalf of a health care facility (as such a facility is
18defined in this Act); and (B) which under generally accepted
19accounting principles is not properly chargeable as an expense
20of operation and maintenance, or is made to obtain by lease or
21comparable arrangement any facility or part thereof or any
22equipment for a facility or part; and which exceeds the capital
23expenditure minimum.
24    For the purpose of this paragraph, the cost of any studies,
25surveys, designs, plans, working drawings, specifications, and
26other activities essential to the acquisition, improvement,



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1expansion, or replacement of any plant or equipment with
2respect to which an expenditure is made shall be included in
3determining if such expenditure exceeds the capital
4expenditures minimum. Unless otherwise interdependent, or
5submitted as one project by the applicant, components of
6construction or modification undertaken by means of a single
7construction contract or financed through the issuance of a
8single debt instrument shall not be grouped together as one
9project. Donations of equipment or facilities to a health care
10facility which if acquired directly by such facility would be
11subject to review under this Act shall be considered capital
12expenditures, and a transfer of equipment or facilities for
13less than fair market value shall be considered a capital
14expenditure for purposes of this Act if a transfer of the
15equipment or facilities at fair market value would be subject
16to review.
17    "Capital expenditure minimum" means $11,500,000 for
18projects by hospital applicants, $6,500,000 for applicants for
19projects related to skilled and intermediate care long-term
20care facilities licensed under the Nursing Home Care Act, and
21$3,000,000 for projects by all other applicants, which shall be
22annually adjusted to reflect the increase in construction costs
23due to inflation, for major medical equipment and for all other
24capital expenditures.
25    "Non-clinical service area" means an area (i) for the
26benefit of the patients, visitors, staff, or employees of a



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1health care facility and (ii) not directly related to the
2diagnosis, treatment, or rehabilitation of persons receiving
3services from the health care facility. "Non-clinical service
4areas" include, but are not limited to, chapels; gift shops;
5news stands; computer systems; tunnels, walkways, and
6elevators; telephone systems; projects to comply with life
7safety codes; educational facilities; student housing;
8patient, employee, staff, and visitor dining areas;
9administration and volunteer offices; modernization of
10structural components (such as roof replacement and masonry
11work); boiler repair or replacement; vehicle maintenance and
12storage facilities; parking facilities; mechanical systems for
13heating, ventilation, and air conditioning; loading docks; and
14repair or replacement of carpeting, tile, wall coverings,
15window coverings or treatments, or furniture. Solely for the
16purpose of this definition, "non-clinical service area" does
17not include health and fitness centers.
18    "Areawide" means a major area of the State delineated on a
19geographic, demographic, and functional basis for health
20planning and for health service and having within it one or
21more local areas for health planning and health service. The
22term "region", as contrasted with the term "subregion", and the
23word "area" may be used synonymously with the term "areawide".
24    "Local" means a subarea of a delineated major area that on
25a geographic, demographic, and functional basis may be
26considered to be part of such major area. The term "subregion"



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1may be used synonymously with the term "local".
2    "Physician" means a person licensed to practice in
3accordance with the Medical Practice Act of 1987, as amended.
4    "Licensed health care professional" means a person
5licensed to practice a health profession under pertinent
6licensing statutes of the State of Illinois.
7    "Director" means the Director of the Illinois Department of
8Public Health.
9    "Agency" means the Illinois Department of Public Health.
10    "Alternative health care model" means a facility or program
11authorized under the Alternative Health Care Delivery Act.
12    "Out-of-state facility" means a person that is both (i)
13licensed as a hospital or as an ambulatory surgery center under
14the laws of another state or that qualifies as a hospital or an
15ambulatory surgery center under regulations adopted pursuant
16to the Social Security Act and (ii) not licensed under the
17Ambulatory Surgical Treatment Center Act, the Hospital
18Licensing Act, or the Nursing Home Care Act. Affiliates of
19out-of-state facilities shall be considered out-of-state
20facilities. Affiliates of Illinois licensed health care
21facilities 100% owned by an Illinois licensed health care
22facility, its parent, or Illinois physicians licensed to
23practice medicine in all its branches shall not be considered
24out-of-state facilities. Nothing in this definition shall be
25construed to include an office or any part of an office of a
26physician licensed to practice medicine in all its branches in



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1Illinois that is not required to be licensed under the
2Ambulatory Surgical Treatment Center Act.
3    "Change of ownership of a health care facility" means a
4change in the person who has ownership or control of a health
5care facility's physical plant and capital assets. A change in
6ownership is indicated by the following transactions: sale,
7transfer, acquisition, lease, change of sponsorship, or other
8means of transferring control.
9    "Related person" means any person that: (i) is at least 50%
10owned, directly or indirectly, by either the health care
11facility or a person owning, directly or indirectly, at least
1250% of the health care facility; or (ii) owns, directly or
13indirectly, at least 50% of the health care facility.
14    "Charity care" means care provided by a health care
15facility for which the provider does not expect to receive
16payment from the patient or a third-party payer.
17    "Freestanding emergency center" means a facility subject
18to licensure under Section 32.5 of the Emergency Medical
19Services (EMS) Systems Act.
20    "Category of service" means a grouping by generic class of
21various types or levels of support functions, equipment, care,
22or treatment provided to patients or residents, including, but
23not limited to, classes such as medical-surgical, pediatrics,
24or cardiac catheterization. A category of service may include
25subcategories or levels of care that identify a particular
26degree or type of care within the category of service.



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1(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
296-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12;
397-813, eff. 7-13-12; 97-980, eff. 8-17-12.)
4    (20 ILCS 3960/5)  (from Ch. 111 1/2, par. 1155)
5    (Section scheduled to be repealed on December 31, 2019)
6    Sec. 5. Construction, modification, or establishment of
7health care facilities or acquisition of major medical
8equipment; permits or exemptions. No person shall construct,
9modify or establish a health care facility or acquire major
10medical equipment without first obtaining a permit or exemption
11from the State Board. The State Board shall not delegate to the
12staff of the State Board or any other person or entity the
13authority to grant permits or exemptions whenever the staff or
14other person or entity would be required to exercise any
15discretion affecting the decision to grant a permit or
16exemption. The State Board may, by rule, delegate authority to
17the Chairman to grant permits or exemptions when applications
18meet all of the State Board's review criteria and are
20    A permit or exemption shall be obtained prior to the
21acquisition of major medical equipment or to the construction
22or modification of a health care facility which:
23        (a) requires a total capital expenditure in excess of
24    the capital expenditure minimum; or
25        (b) substantially changes the scope or changes the



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1    functional operation of the facility; or
2        (c) changes the bed capacity of a health care facility
3    by increasing the total number of beds or by distributing
4    beds among various categories of service or by relocating
5    beds from one physical facility or site to another by more
6    than 20 beds or more than 10% of total bed capacity as
7    defined by the State Board, whichever is less, over a 2
8    year period.
9    A permit shall be valid only for the defined construction
10or modifications, site, amount and person named in the
11application for such permit and shall not be transferable or
12assignable. A permit shall be valid until such time as the
13project has been completed, provided that the project commences
14and proceeds to completion with due diligence by the completion
15date or extension date approved by the Board.
16    A permit holder must do the following: (i) submit the final
17completion and cost report for the project within 90 days after
18the approved project completion date or extension date and (ii)
19submit annual progress reports no earlier than 30 days before
20and no later than 30 days after each anniversary date of the
21Board's approval of the permit until the project is completed.
22To maintain a valid permit and to monitor progress toward
23project commencement and completion, routine post-permit
24reports shall be limited to annual progress reports and the
25final completion and cost report. Annual progress reports shall
26include information regarding the committed funds expended



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1toward the approved project. If the project is not completed in
2one year, then, by the second annual report, the permit holder
3shall expend 33% or more of the total project cost or shall
4make a commitment to expend 33% or more of the total project
5cost by signed contracts or other legal means, and the report
6shall contain information regarding those expenditures or
7commitments. If the project is to be completed in one year,
8then the first annual report shall contain the expenditure
9commitment information for the total project cost. The State
10Board may extend the expenditure commitment period after
11considering a permit holder's showing of good cause and request
12for additional time to complete the project.
13    The Certificate of Need process required under this Act is
14designed to restrain rising health care costs by preventing
15unnecessary construction or modification of health care
16facilities. The Board must assure that the establishment,
17construction, or modification of a health care facility or the
18acquisition of major medical equipment is consistent with the
19public interest and that the proposed project is consistent
20with the orderly and economic development or acquisition of
21those facilities and equipment and is in accord with the
22standards, criteria, or plans of need adopted and approved by
23the Board. Board decisions regarding the construction of health
24care facilities must consider capacity, quality, value, and
25equity. Projects may deviate from the costs, fees, and expenses
26provided in their project cost information for the project's



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1cost components, provided that the final total project cost
2does not exceed the approved permit amount. Project alterations
3shall not increase the total approved permit amount by more
4than the limit set forth under the Board's rules.
5    Major construction projects, for the purposes of this Act,
6shall include but are not limited to: projects for the
7construction of new buildings; additions to existing
8facilities; modernization projects whose cost is in excess of
9$1,000,000 or 10% of the facilities' operating revenue,
10whichever is less; and such other projects as the State Board
11shall define and prescribe pursuant to this Act.
12    Permits for projects that have not been obligated within
13the prescribed obligation period shall expire on the last day
14of that period.
15    The acquisition by any person of major medical equipment
16that will not be owned by or located in a health care facility
17and that will not be used to provide services to inpatients of
18a health care facility shall be exempt from review provided
19that a notice is filed in accordance with exemption
21    Notwithstanding any other provision of this Act, no permit
22or exemption is required for the construction or modification
23of a non-clinical service area of a health care facility.
24(Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)
25    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)



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1    (Section scheduled to be repealed on December 31, 2019)
2    Sec. 12. Powers and duties of State Board. For purposes of
3this Act, the State Board shall exercise the following powers
4and duties:
5    (1) Prescribe rules, regulations, standards, criteria,
6procedures or reviews which may vary according to the purpose
7for which a particular review is being conducted or the type of
8project reviewed and which are required to carry out the
9provisions and purposes of this Act. Policies and procedures of
10the State Board shall take into consideration the priorities
11and needs of medically underserved areas and other health care
12services identified through the comprehensive health planning
13process, giving special consideration to the impact of projects
14on access to safety net services.
15    (2) Adopt procedures for public notice and hearing on all
16proposed rules, regulations, standards, criteria, and plans
17required to carry out the provisions of this Act.
18    (3) (Blank).
19    (4) Develop criteria and standards for health care
20facilities planning, conduct statewide inventories of health
21care facilities, maintain an updated inventory on the Board's
22web site reflecting the most recent bed and service changes and
23updated need determinations when new census data become
24available or new need formulae are adopted, and develop health
25care facility plans which shall be utilized in the review of
26applications for permit under this Act. Such health facility



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1plans shall be coordinated by the Board with pertinent State
2Plans. Inventories pursuant to this Section of skilled or
3intermediate care facilities licensed under the Nursing Home
4Care Act, skilled or intermediate care facilities licensed
5under the ID/DD Community Care Act, facilities licensed under
6the Specialized Mental Health Rehabilitation Act, or nursing
7homes licensed under the Hospital Licensing Act shall be
8conducted on an annual basis no later than July 1 of each year
9and shall include among the information requested a list of all
10services provided by a facility to its residents and to the
11community at large and differentiate between active and
12inactive beds.
13    In developing health care facility plans, the State Board
14shall consider, but shall not be limited to, the following:
15        (a) The size, composition and growth of the population
16    of the area to be served;
17        (b) The number of existing and planned facilities
18    offering similar programs;
19        (c) The extent of utilization of existing facilities;
20        (d) The availability of facilities which may serve as
21    alternatives or substitutes;
22        (e) The availability of personnel necessary to the
23    operation of the facility;
24        (f) Multi-institutional planning and the establishment
25    of multi-institutional systems where feasible;
26        (g) The financial and economic feasibility of proposed



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1    construction or modification; and
2        (h) In the case of health care facilities established
3    by a religious body or denomination, the needs of the
4    members of such religious body or denomination may be
5    considered to be public need.
6    The health care facility plans which are developed and
7adopted in accordance with this Section shall form the basis
8for the plan of the State to deal most effectively with
9statewide health needs in regard to health care facilities.
10    (5) Coordinate with the Center for Comprehensive Health
11Planning and other state agencies having responsibilities
12affecting health care facilities, including those of licensure
13and cost reporting. Beginning no later than January 1, 2013,
14the Department of Public Health shall produce a written annual
15report to the Governor and the General Assembly regarding the
16development of the Center for Comprehensive Health Planning.
17The Chairman of the State Board and the State Board
18Administrator shall also receive a copy of the annual report.
19    (6) Solicit, accept, hold and administer on behalf of the
20State any grants or bequests of money, securities or property
21for use by the State Board or Center for Comprehensive Health
22Planning in the administration of this Act; and enter into
23contracts consistent with the appropriations for purposes
24enumerated in this Act.
25    (7) The State Board shall prescribe procedures for review,
26standards, and criteria which shall be utilized to make



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1periodic reviews and determinations of the appropriateness of
2any existing health services being rendered by health care
3facilities subject to the Act. The State Board shall consider
4recommendations of the Board in making its determinations.
5    (8) Prescribe, in consultation with the Center for
6Comprehensive Health Planning, rules, regulations, standards,
7and criteria for the conduct of an expeditious review of
8applications for permits for projects of construction or
9modification of a health care facility, which projects are
10classified as emergency, substantive, or non-substantive in
12    Six months after June 30, 2009 (the effective date of
13Public Act 96-31), substantive projects shall include no more
14than 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, which shall be reviewed by the
20    Board within 120 days;
21        (b) Projects proposing a (1) new service within an
22    existing healthcare facility or (2) discontinuation of a
23    service within an existing healthcare facility, which
24    shall be reviewed by the Board within 60 days; or
25        (c) Projects proposing a change in the bed capacity of
26    a health care facility by an increase in the total number



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1    of beds or by a redistribution of beds among various
2    categories of service or by a relocation of beds from one
3    physical facility or site to another by more than 20 beds
4    or more than 10% of total bed capacity, as defined by the
5    State Board, whichever is less, over a 2-year period.
6    The Chairman may approve applications for exemption that
7meet the criteria set forth in rules or refer them to the full
8Board. The Chairman may approve any unopposed application that
9meets all of the review criteria or refer them to the full
11    Such rules shall not abridge the right of the Center for
12Comprehensive Health Planning to make recommendations on the
13classification and approval of projects, nor shall such rules
14prevent the conduct of a public hearing upon the timely request
15of an interested party. Such reviews shall not exceed 60 days
16from the date the application is declared to be complete.
17    (9) Prescribe rules, regulations, standards, and criteria
18pertaining to the granting of permits for construction and
19modifications which are emergent in nature and must be
20undertaken immediately to prevent or correct structural
21deficiencies or hazardous conditions that may harm or injure
22persons using the facility, as defined in the rules and
23regulations of the State Board. This procedure is exempt from
24public hearing requirements of this Act.
25    (10) Prescribe rules, regulations, standards and criteria
26for the conduct of an expeditious review, not exceeding 60



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1days, of applications for permits for projects to construct or
2modify health care facilities which are needed for the care and
3treatment of persons who have acquired immunodeficiency
4syndrome (AIDS) or related conditions.
5    (11) Issue written decisions upon request of the applicant
6or an adversely affected party to the Board within 30 days of
7the meeting in which a final decision has been made. Requests
8for a written decision shall be made within 15 days after the
9Board meeting in which a final decision has been made. A "final
10decision" for purposes of this Act is the decision to approve
11or deny an application, or take other actions permitted under
12this Act, at the time and date of the meeting that such action
13is scheduled by the Board. The staff of the State Board shall
14prepare a written copy of the final decision and the State
15Board shall approve a final copy for inclusion in the formal
16record. The Board shall consider, for approval, the written
17draft of the final decision no later than the next scheduled
18Board meeting. The written decision shall identify the
19applicable criteria and factors listed in this Act and the
20Board's regulations that were taken into consideration by the
21Board when coming to a final decision. If the State Board
22denies or fails to approve an application for permit or
23exemption certificate, the State Board shall include in the
24final decision a detailed explanation as to why the application
25was denied and identify what specific criteria or standards the
26applicant did not fulfill.



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1    (12) Require at least one of its members to participate in
2any public hearing, after the appointment of a majority of the
3members to the Board.
4    (13) Provide a mechanism for the public to comment on, and
5request changes to, draft rules and standards.
6    (14) Implement public information campaigns to regularly
7inform the general public about the opportunity for public
8hearings and public hearing procedures.
9    (15) Establish a separate set of rules and guidelines for
10long-term care that recognizes that nursing homes are a
11different business line and service model from other regulated
12facilities. An open and transparent process shall be developed
13that considers the following: how skilled nursing fits in the
14continuum of care with other care providers, modernization of
15nursing homes, establishment of more private rooms,
16development of alternative services, and current trends in
17long-term care services. The Chairman of the Board shall
18appoint a permanent Health Services Review Board Long-term Care
19Facility Advisory Subcommittee that shall develop and
20recommend to the Board the rules to be established by the Board
21under this paragraph (15). The Subcommittee shall also provide
22continuous review and commentary on policies and procedures
23relative to long-term care and the review of related projects.
24In consultation with other experts from the health field of
25long-term care, the Board and the Subcommittee shall study new
26approaches to the current bed need formula and Health Service



09800HB2423ham001- 24 -LRB098 08704 JDS 41427 a

1Area boundaries to encourage flexibility and innovation in
2design models reflective of the changing long-term care
3marketplace and consumer preferences. The Subcommittee shall
4evaluate, and make recommendations to the State Board
5regarding, the buying, selling, and exchange of beds between
6long-term care facilities within a specified geographic area or
7drive time. The Board shall file the proposed related
8administrative rules for the separate rules and guidelines for
9long-term care required by this paragraph (15) by no later than
10September 30, 2011. The Subcommittee shall be provided a
11reasonable and timely opportunity to review and comment on any
12review, revision, or updating of the criteria, standards,
13procedures, and rules used to evaluate project applications as
14provided under Section 12.3 of this Act.
15(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
1696-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
1797-813, eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff.
188-27-12; revised 10-11-12.)".