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


Rep. William Davis

Filed: 4/11/2013





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2    AMENDMENT NO. ______. Amend House Bill 2423, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Health Facilities Planning Act is
6amended by changing Sections 3, 5, and 12 as follows:
7    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
8    (Section scheduled to be repealed on December 31, 2019)
9    Sec. 3. Definitions. As used in this Act:
10    "Health care facilities" means and includes the following
11facilities, and organizations, and related persons:
12        1. An ambulatory surgical treatment center required to
13    be licensed pursuant to the Ambulatory Surgical Treatment
14    Center Act;
15        2. An institution, place, building, or agency required
16    to be licensed pursuant to the Hospital Licensing Act;



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



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1    This Act shall not apply to the construction of any new
2facility or the renovation of any existing facility located on
3any campus facility as defined in Section 5-5.8b of the
4Illinois Public Aid Code, provided that the campus facility
5encompasses 30 or more contiguous acres and that the new or
6renovated facility is intended for use by a licensed
7residential facility.
8    No federally owned facility shall be subject to the
9provisions of this Act, nor facilities used solely for healing
10by prayer or spiritual means.
11    No facility licensed under the Supportive Residences
12Licensing Act or the Assisted Living and Shared Housing Act
13shall be subject to the provisions of this Act.
14    No facility established and operating under the
15Alternative Health Care Delivery Act as a children's respite
16care center alternative health care model demonstration
17program or as an Alzheimer's Disease Management Center
18alternative health care model demonstration program shall be
19subject to the provisions of this Act.
20    A facility designated as a supportive living facility that
21is in good standing with the program established under Section
225-5.01a of the Illinois Public Aid Code shall not be subject to
23the provisions of this Act.
24    This Act does not apply to facilities granted waivers under
25Section 3-102.2 of the Nursing Home Care Act. However, if a
26demonstration project under that Act applies for a certificate



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



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



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1for such action or attendant financial obligation.
2    No permit or exemption is required for a facility licensed
3under the ID/DD Community Care Act prior to the reduction of
4the number of beds at a facility. If there is a total reduction
5of beds at a facility licensed under the ID/DD Community Care
6Act, this is a discontinuation or closure of the facility.
7However, if a facility licensed under the ID/DD Community Care
8Act reduces the number of beds or discontinues the facility,
9that facility must notify the Board as provided in Section 14.1
10of this Act.
11    "Person" means any one or more natural persons, legal
12entities, governmental bodies other than federal, or any
13combination thereof.
14    "Consumer" means any person other than a person (a) whose
15major occupation currently involves or whose official capacity
16within the last 12 months has involved the providing,
17administering or financing of any type of health care facility,
18(b) who is engaged in health research or the teaching of
19health, (c) who has a material financial interest in any
20activity which involves the providing, administering or
21financing of any type of health care facility, or (d) who is or
22ever has been a member of the immediate family of the person
23defined by (a), (b), or (c).
24    "State Board" or "Board" means the Health Facilities and
25Services Review Board.
26    "Construction or modification" means the establishment,



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1erection, building, alteration, reconstruction, modernization,
2improvement, extension, discontinuation, change of ownership,
3of or by a health care facility, or the purchase or acquisition
4by or through a health care facility of equipment or service
5for diagnostic or therapeutic purposes or for facility
6administration or operation, or any capital expenditure made by
7or on behalf of a health care facility which exceeds the
8capital expenditure minimum; however, any capital expenditure
9made by or on behalf of a health care facility for (i) the
10construction or modification of a facility licensed under the
11Assisted Living and Shared Housing Act or (ii) a conversion
12project undertaken in accordance with Section 30 of the Older
13Adult Services Act shall be excluded from any obligations under
14this Act.
15    "Establish" means the construction of a health care
16facility or the replacement of an existing facility on another
17site or the initiation of a category of service as defined by
18the Board.
19    "Major medical equipment" means medical equipment which is
20used for the provision of medical and other health services and
21which costs in excess of the capital expenditure minimum,
22except that such term does not include medical equipment
23acquired by or on behalf of a clinical laboratory to provide
24clinical laboratory services if the clinical laboratory is
25independent of a physician's office and a hospital and it has
26been determined under Title XVIII of the Social Security Act to



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1meet the requirements of paragraphs (10) and (11) of Section
21861(s) of such Act. In determining whether medical equipment
3has a value in excess of the capital expenditure minimum, the
4value of studies, surveys, designs, plans, working drawings,
5specifications, and other activities essential to the
6acquisition of such equipment shall be included.
7    "Capital Expenditure" means an expenditure: (A) made by or
8on behalf of a health care facility (as such a facility is
9defined in this Act); and (B) which under generally accepted
10accounting principles is not properly chargeable as an expense
11of operation and maintenance, or is made to obtain by lease or
12comparable arrangement any facility or part thereof or any
13equipment for a facility or part; and which exceeds the capital
14expenditure minimum.
15    For the purpose of this paragraph, the cost of any studies,
16surveys, designs, plans, working drawings, specifications, and
17other activities essential to the acquisition, improvement,
18expansion, or replacement of any plant or equipment with
19respect to which an expenditure is made shall be included in
20determining if such expenditure exceeds the capital
21expenditures minimum. Unless otherwise interdependent, or
22submitted as one project by the applicant, components of
23construction or modification undertaken by means of a single
24construction contract or financed through the issuance of a
25single debt instrument shall not be grouped together as one
26project. Donations of equipment or facilities to a health care



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1facility which if acquired directly by such facility would be
2subject to review under this Act shall be considered capital
3expenditures, and a transfer of equipment or facilities for
4less than fair market value shall be considered a capital
5expenditure for purposes of this Act if a transfer of the
6equipment or facilities at fair market value would be subject
7to review.
8    "Capital expenditure minimum" means $11,500,000 for
9projects by hospital applicants, $6,500,000 for applicants for
10projects related to skilled and intermediate care long-term
11care facilities licensed under the Nursing Home Care Act, and
12$3,000,000 for projects by all other applicants, which shall be
13annually adjusted to reflect the increase in construction costs
14due to inflation, for major medical equipment and for all other
15capital expenditures.
16    "Non-clinical service area" means an area (i) for the
17benefit of the patients, visitors, staff, or employees of a
18health care facility and (ii) not directly related to the
19diagnosis, treatment, or rehabilitation of persons receiving
20services from the health care facility. "Non-clinical service
21areas" include, but are not limited to, chapels; gift shops;
22news stands; computer systems; tunnels, walkways, and
23elevators; telephone systems; projects to comply with life
24safety codes; educational facilities; student housing;
25patient, employee, staff, and visitor dining areas;
26administration and volunteer offices; modernization of



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1structural components (such as roof replacement and masonry
2work); boiler repair or replacement; vehicle maintenance and
3storage facilities; parking facilities; mechanical systems for
4heating, ventilation, and air conditioning; loading docks; and
5repair or replacement of carpeting, tile, wall coverings,
6window coverings or treatments, or furniture. Solely for the
7purpose of this definition, "non-clinical service area" does
8not include health and fitness centers.
9    "Areawide" means a major area of the State delineated on a
10geographic, demographic, and functional basis for health
11planning and for health service and having within it one or
12more local areas for health planning and health service. The
13term "region", as contrasted with the term "subregion", and the
14word "area" may be used synonymously with the term "areawide".
15    "Local" means a subarea of a delineated major area that on
16a geographic, demographic, and functional basis may be
17considered to be part of such major area. The term "subregion"
18may be used synonymously with the term "local".
19    "Physician" means a person licensed to practice in
20accordance with the Medical Practice Act of 1987, as amended.
21    "Licensed health care professional" means a person
22licensed to practice a health profession under pertinent
23licensing statutes of the State of Illinois.
24    "Director" means the Director of the Illinois Department of
25Public Health.
26    "Agency" means the Illinois Department of Public Health.



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1    "Alternative health care model" means a facility or program
2authorized under the Alternative Health Care Delivery Act.
3    "Out-of-state facility" means a person that is both (i)
4licensed as a hospital or as an ambulatory surgery center under
5the laws of another state or that qualifies as a hospital or an
6ambulatory surgery center under regulations adopted pursuant
7to the Social Security Act and (ii) not licensed under the
8Ambulatory Surgical Treatment Center Act, the Hospital
9Licensing Act, or the Nursing Home Care Act. Affiliates of
10out-of-state facilities shall be considered out-of-state
11facilities. Affiliates of Illinois licensed health care
12facilities 100% owned by an Illinois licensed health care
13facility, its parent, or Illinois physicians licensed to
14practice medicine in all its branches shall not be considered
15out-of-state facilities. Nothing in this definition shall be
16construed to include an office or any part of an office of a
17physician licensed to practice medicine in all its branches in
18Illinois that is not required to be licensed under the
19Ambulatory Surgical Treatment Center Act.
20    "Change of ownership of a health care facility" means a
21change in the person who has ownership or control of a health
22care facility's physical plant and capital assets. A change in
23ownership is indicated by the following transactions: sale,
24transfer, acquisition, lease, change of sponsorship, or other
25means of transferring control.
26    "Related person" means any person that: (i) is at least 50%



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1owned, directly or indirectly, by either the health care
2facility or a person owning, directly or indirectly, at least
350% of the health care facility; or (ii) owns, directly or
4indirectly, at least 50% of the health care facility.
5    "Charity care" means care provided by a health care
6facility for which the provider does not expect to receive
7payment from the patient or a third-party payer.
8    "Freestanding emergency center" means a facility subject
9to licensure under Section 32.5 of the Emergency Medical
10Services (EMS) Systems Act.
11    "Category of service" means a grouping by generic class of
12various types or levels of support functions, equipment, care,
13or treatment provided to patients or residents, including, but
14not limited to, classes such as medical-surgical, pediatrics,
15or cardiac catheterization. A category of service may include
16subcategories or levels of care that identify a particular
17degree or type of care within the category of service. Nothing
18in this definition shall be construed to include the practice
19of a physician or other licensed health care professional while
20functioning in an office providing for the care, diagnosis, or
21treatment of patients.
22(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
2396-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12;
2497-813, eff. 7-13-12; 97-980, eff. 8-17-12.)
25    (20 ILCS 3960/5)  (from Ch. 111 1/2, par. 1155)



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1    (Section scheduled to be repealed on December 31, 2019)
2    Sec. 5. Construction, modification, or establishment of
3health care facilities or acquisition of major medical
4equipment; permits or exemptions. No person shall construct,
5modify or establish a health care facility or acquire major
6medical equipment without first obtaining a permit or exemption
7from the State Board. The State Board shall not delegate to the
8staff of the State Board or any other person or entity the
9authority to grant permits or exemptions whenever the staff or
10other person or entity would be required to exercise any
11discretion affecting the decision to grant a permit or
12exemption. The State Board may, by rule, delegate authority to
13the Chairman to grant permits or exemptions when applications
14meet all of the State Board's review criteria and are
16    A permit or exemption shall be obtained prior to the
17acquisition of major medical equipment or to the construction
18or modification of a health care facility which:
19        (a) requires a total capital expenditure in excess of
20    the capital expenditure minimum; or
21        (b) substantially changes the scope or changes the
22    functional operation of the facility; or
23        (c) changes the bed capacity of a health care facility
24    by increasing the total number of beds or by distributing
25    beds among various categories of service or by relocating
26    beds from one physical facility or site to another by more



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1    than 20 beds or more than 10% of total bed capacity as
2    defined by the State Board, whichever is less, over a 2
3    year period.
4    A permit shall be valid only for the defined construction
5or modifications, site, amount and person named in the
6application for such permit and shall not be transferable or
7assignable. A permit shall be valid until such time as the
8project has been completed, provided that the project commences
9and proceeds to completion with due diligence by the completion
10date or extension date approved by the Board.
11    A permit holder must do the following: (i) submit the final
12completion and cost report for the project within 90 days after
13the approved project completion date or extension date and (ii)
14submit annual progress reports no earlier than 30 days before
15and no later than 30 days after each anniversary date of the
16Board's approval of the permit until the project is completed.
17To maintain a valid permit and to monitor progress toward
18project commencement and completion, routine post-permit
19reports shall be limited to annual progress reports and the
20final completion and cost report. Annual progress reports shall
21include information regarding the committed funds expended
22toward the approved project. If the project is not completed in
23one year, then, by the second annual report, the permit holder
24shall expend 33% or more of the total project cost or shall
25make a commitment to expend 33% or more of the total project
26cost by signed contracts or other legal means, and the report



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



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1shall include but are not limited to: projects for the
2construction of new buildings; additions to existing
3facilities; modernization projects whose cost is in excess of
4$1,000,000 or 10% of the facilities' operating revenue,
5whichever is less; and such other projects as the State Board
6shall define and prescribe pursuant to this Act.
7    Permits for projects that have not been obligated within
8the prescribed obligation period shall expire on the last day
9of that period.
10    The acquisition by any person of major medical equipment
11that will not be owned by or located in a health care facility
12and that will not be used to provide services to inpatients of
13a health care facility shall be exempt from review provided
14that a notice is filed in accordance with exemption
16    Notwithstanding any other provision of this Act, no permit
17or exemption is required for the construction or modification
18of a non-clinical service area of a health care facility.
19(Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)
20    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
21    (Section scheduled to be repealed on December 31, 2019)
22    Sec. 12. Powers and duties of State Board. For purposes of
23this Act, the State Board shall exercise the following powers
24and duties:
25    (1) Prescribe rules, regulations, standards, criteria,



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



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



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



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1Comprehensive Health Planning, rules, regulations, standards,
2and criteria for the conduct of an expeditious review of
3applications for permits for projects of construction or
4modification of a health care facility, which projects are
5classified as emergency, substantive, or non-substantive in
7    Six months after June 30, 2009 (the effective date of
8Public Act 96-31), substantive projects shall include no more
9than the following:
10        (a) Projects to construct (1) a new or replacement
11    facility located on a new site or (2) a replacement
12    facility located on the same site as the original facility
13    and the cost of the replacement facility exceeds the
14    capital expenditure minimum, which shall be reviewed by the
15    Board within 120 days;
16        (b) Projects proposing a (1) new service within an
17    existing healthcare facility or (2) discontinuation of a
18    service within an existing healthcare facility, which
19    shall be reviewed by the Board within 60 days; or
20        (c) Projects proposing a change in the bed capacity of
21    a health care facility by an increase in the total number
22    of beds or by a redistribution of beds among various
23    categories of service or by a relocation of beds from one
24    physical facility or site to another by more than 20 beds
25    or more than 10% of total bed capacity, as defined by the
26    State Board, whichever is less, over a 2-year period.



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1    The Chairman may approve applications for exemption that
2meet the criteria set forth in rules or refer them to the full
3Board. The Chairman may approve any unopposed application that
4meets all of the review criteria or refer them to the full
6    Such rules shall not abridge the right of the Center for
7Comprehensive Health Planning to make recommendations on the
8classification and approval of projects, nor shall such rules
9prevent the conduct of a public hearing upon the timely request
10of an interested party. Such reviews shall not exceed 60 days
11from the date the application is declared to be complete.
12    (9) Prescribe rules, regulations, standards, and criteria
13pertaining to the granting of permits for construction and
14modifications which are emergent in nature and must be
15undertaken immediately to prevent or correct structural
16deficiencies or hazardous conditions that may harm or injure
17persons using the facility, as defined in the rules and
18regulations of the State Board. This procedure is exempt from
19public hearing requirements of this Act.
20    (10) Prescribe rules, regulations, standards and criteria
21for the conduct of an expeditious review, not exceeding 60
22days, of applications for permits for projects to construct or
23modify health care facilities which are needed for the care and
24treatment of persons who have acquired immunodeficiency
25syndrome (AIDS) or related conditions.
26    (11) Issue written decisions upon request of the applicant



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1or an adversely affected party to the Board within 30 days of
2the meeting in which a final decision has been made. Requests
3for a written decision shall be made within 15 days after the
4Board meeting in which a final decision has been made. A "final
5decision" for purposes of this Act is the decision to approve
6or deny an application, or take other actions permitted under
7this Act, at the time and date of the meeting that such action
8is scheduled by the Board. The staff of the State Board shall
9prepare a written copy of the final decision and the State
10Board shall approve a final copy for inclusion in the formal
11record. The Board shall consider, for approval, the written
12draft of the final decision no later than the next scheduled
13Board meeting. The written decision shall identify the
14applicable criteria and factors listed in this Act and the
15Board's regulations that were taken into consideration by the
16Board when coming to a final decision. If the State Board
17denies or fails to approve an application for permit or
18exemption certificate, the State Board shall include in the
19final decision a detailed explanation as to why the application
20was denied and identify what specific criteria or standards the
21applicant did not fulfill.
22    (12) Require at least one of its members to participate in
23any public hearing, after the appointment of a majority of the
24members to the Board.
25    (13) Provide a mechanism for the public to comment on, and
26request changes to, draft rules and standards.



09800HB2423ham002- 23 -LRB098 08704 JDS 44345 a

1    (14) Implement public information campaigns to regularly
2inform the general public about the opportunity for public
3hearings and public hearing procedures.
4    (15) Establish a separate set of rules and guidelines for
5long-term care that recognizes that nursing homes are a
6different business line and service model from other regulated
7facilities. An open and transparent process shall be developed
8that considers the following: how skilled nursing fits in the
9continuum of care with other care providers, modernization of
10nursing homes, establishment of more private rooms,
11development of alternative services, and current trends in
12long-term care services. The Chairman of the Board shall
13appoint a permanent Health Services Review Board Long-term Care
14Facility Advisory Subcommittee that shall develop and
15recommend to the Board the rules to be established by the Board
16under this paragraph (15). The Subcommittee shall also provide
17continuous review and commentary on policies and procedures
18relative to long-term care and the review of related projects.
19In consultation with other experts from the health field of
20long-term care, the Board and the Subcommittee shall study new
21approaches to the current bed need formula and Health Service
22Area boundaries to encourage flexibility and innovation in
23design models reflective of the changing long-term care
24marketplace and consumer preferences. The Subcommittee shall
25evaluate, and make recommendations to the State Board
26regarding, the buying, selling, and exchange of beds between



09800HB2423ham002- 24 -LRB098 08704 JDS 44345 a

1long-term care facilities within a specified geographic area or
2drive time. The Board shall file the proposed related
3administrative rules for the separate rules and guidelines for
4long-term care required by this paragraph (15) by no later than
5September 30, 2011. The Subcommittee shall be provided a
6reasonable and timely opportunity to review and comment on any
7review, revision, or updating of the criteria, standards,
8procedures, and rules used to evaluate project applications as
9provided under Section 12.3 of this Act.
10(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
1196-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
1297-813, eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff.
138-27-12; revised 10-11-12.)".