Illinois General Assembly - Full Text of HB3510
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Full Text of HB3510  99th General Assembly


Rep. Brandon W. Phelps

Filed: 3/17/2015





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2    AMENDMENT NO. ______. Amend House Bill 3510 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 12 as follows:
6    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 12. Powers and duties of State Board. For purposes of
9this Act, the State Board shall exercise the following powers
10and duties:
11    (1) Prescribe rules, regulations, standards, criteria,
12procedures or reviews which may vary according to the purpose
13for which a particular review is being conducted or the type of
14project reviewed and which are required to carry out the
15provisions and purposes of this Act. Policies and procedures of
16the State Board shall take into consideration the priorities



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1and needs of medically underserved areas and other health care
2services identified through the comprehensive health planning
3process, giving special consideration to the impact of projects
4on access to safety net services.
5    (2) Adopt procedures for public notice and hearing on all
6proposed rules, regulations, standards, criteria, and plans
7required to carry out the provisions of this Act.
8    (3) (Blank).
9    (4) Develop criteria and standards for health care
10facilities planning, conduct statewide inventories of health
11care facilities, maintain an updated inventory on the Board's
12web site reflecting the most recent bed and service changes and
13updated need determinations when new census data become
14available or new need formulae are adopted, and develop health
15care facility plans which shall be utilized in the review of
16applications for permit under this Act. Such health facility
17plans shall be coordinated by the Board with pertinent State
18Plans. Inventories pursuant to this Section of skilled or
19intermediate care facilities licensed under the Nursing Home
20Care Act, skilled or intermediate care facilities licensed
21under the ID/DD Community Care Act, facilities licensed under
22the Specialized Mental Health Rehabilitation Act, or nursing
23homes licensed under the Hospital Licensing Act shall be
24conducted on an annual basis no later than July 1 of each year
25and shall include among the information requested a list of all
26services provided by a facility to its residents and to the



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1community at large and differentiate between active and
2inactive beds.
3    In developing health care facility plans, the State Board
4shall consider, but shall not be limited to, the following:
5        (a) The size, composition and growth of the population
6    of the area to be served;
7        (b) The number of existing and planned facilities
8    offering similar programs;
9        (c) The extent of utilization of existing facilities;
10        (d) The availability of facilities which may serve as
11    alternatives or substitutes;
12        (e) The availability of personnel necessary to the
13    operation of the facility;
14        (f) Multi-institutional planning and the establishment
15    of multi-institutional systems where feasible;
16        (g) The financial and economic feasibility of proposed
17    construction or modification; and
18        (h) In the case of health care facilities established
19    by a religious body or denomination, the needs of the
20    members of such religious body or denomination may be
21    considered to be public need.
22    The health care facility plans which are developed and
23adopted in accordance with this Section shall form the basis
24for the plan of the State to deal most effectively with
25statewide health needs in regard to health care facilities.
26    (5) Coordinate with the Center for Comprehensive Health



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



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2    Six months after June 30, 2009 (the effective date of
3Public Act 96-31), substantive projects shall include no more
4than the following:
5        (a) Projects to construct (1) a new or replacement
6    facility located on a new site or (2) a replacement
7    facility located on the same site as the original facility
8    and the cost of the replacement facility exceeds the
9    capital expenditure minimum, which shall be reviewed by the
10    Board within 120 days;
11        (b) Projects proposing a (1) new service within an
12    existing healthcare facility or (2) discontinuation of a
13    service within an existing healthcare facility, which
14    shall be reviewed by the Board within 60 days; or
15        (c) Projects proposing a change in the bed capacity of
16    a health care facility by an increase in the total number
17    of beds or by a redistribution of beds among various
18    categories of service or by a relocation of beds from one
19    physical facility or site to another by more than 20 beds
20    or more than 10% of total bed capacity, as defined by the
21    State Board, whichever is less, over a 2-year period.
22    The Chairman may approve applications for exemption that
23meet the criteria set forth in rules or refer them to the full
24Board. The Chairman may approve any unopposed application that
25meets all of the review criteria or refer them to the full



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1    Such rules shall not abridge the right of the Center for
2Comprehensive Health Planning to make recommendations on the
3classification and approval of projects, nor shall such rules
4prevent the conduct of a public hearing upon the timely request
5of an interested party. Such reviews shall not exceed 60 days
6from the date the application is declared to be complete.
7    (9) Prescribe rules, regulations, standards, and criteria
8pertaining to the granting of permits for construction and
9modifications which are emergent in nature and must be
10undertaken immediately to prevent or correct structural
11deficiencies or hazardous conditions that may harm or injure
12persons using the facility, as defined in the rules and
13regulations of the State Board. This procedure is exempt from
14public hearing requirements of this Act.
15    (10) Prescribe rules, regulations, standards and criteria
16for the conduct of an expeditious review, not exceeding 60
17days, of applications for permits for projects to construct or
18modify health care facilities which are needed for the care and
19treatment of persons who have acquired immunodeficiency
20syndrome (AIDS) or related conditions.
21    (11) Issue written decisions upon request of the applicant
22or an adversely affected party to the Board. Requests for a
23written decision shall be made within 15 days after the Board
24meeting in which a final decision has been made. A "final
25decision" for purposes of this Act is the decision to approve
26or deny an application, or take other actions permitted under



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1this Act, at the time and date of the meeting that such action
2is scheduled by the Board. State Board members shall provide
3their rationale when voting on an item before the State Board
4at a State Board meeting in order to comply with subsection (b)
5of Section 3-108 of the Administrative Review Law of the Code
6of Civil Procedure. The transcript of the State Board meeting
7shall be incorporated into the Board's final decision. The
8staff of the Board shall prepare a written copy of the final
9decision and the Board shall approve a final copy for inclusion
10in the formal record. The Board shall consider, for approval,
11the written draft of the final decision no later than the next
12scheduled Board meeting. The written decision shall identify
13the applicable criteria and factors listed in this Act and the
14Board's regulations that were taken into consideration by the
15Board when coming to a final decision. If the Board denies or
16fails to approve an application for permit or exemption, the
17Board shall include in the final decision a detailed
18explanation as to why the application was denied and identify
19what specific criteria or standards the applicant did not
21    (12) Require at least one of its members to participate in
22any public hearing, after the appointment of a majority of the
23members to the Board.
24    (13) Provide a mechanism for the public to comment on, and
25request changes to, draft rules and standards.
26    (14) Implement public information campaigns to regularly



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1inform the general public about the opportunity for public
2hearings and public hearing procedures.
3    (15) Establish a separate set of rules and guidelines for
4long-term care that recognizes that nursing homes are a
5different business line and service model from other regulated
6facilities. An open and transparent process shall be developed
7that considers the following: how skilled nursing fits in the
8continuum of care with other care providers, modernization of
9nursing homes, establishment of more private rooms,
10development of alternative services, and current trends in
11long-term care services. The Chairman of the Board shall
12appoint a permanent Health Services Review Board Long-term Care
13Facility Advisory Subcommittee that shall develop and
14recommend to the Board the rules to be established by the Board
15under this paragraph (15). The Subcommittee shall also provide
16continuous review and commentary on policies and procedures
17relative to long-term care and the review of related projects.
18The Subcommittee shall make recommendations to the Board no
19later than January 1, 2016 and every January thereafter
20pursuant to the Subcommittee's responsibility for the
21continuous review and commentary on policies and procedures
22relative to long-term care. The Subcommittee shall provide the
23Board with draft rules regarding the Subcommittee's
24responsibility for the review of long-term care projects and
25the making of non-binding recommendations to the Board on
26specific projects for the Board to review and file with the



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1Index Division of the Office of the Secretary of State no later
2than April 1, 2016. In consultation with other experts from the
3health field of long-term care, the Board and the Subcommittee
4shall study new approaches to the current bed need formula and
5Health Service Area boundaries to encourage flexibility and
6innovation in design models reflective of the changing
7long-term care marketplace and consumer preferences and submit
8its recommendations to the Chairman of the Board no later than
9January 1, 2016. The Subcommittee shall evaluate, and make
10recommendations to the State Board regarding, the buying,
11selling, and exchange of beds between long-term care facilities
12within a specified geographic area or drive time. The Board
13shall file the proposed related administrative rules for the
14separate rules and guidelines for long-term care required by
15this paragraph (15) by no later than September 30, 2011. The
16Subcommittee shall be provided a reasonable and timely
17opportunity to review and comment on any review, revision, or
18updating of the criteria, standards, procedures, and rules used
19to evaluate project applications as provided under Section 12.3
20of this Act.
21    The Chairman of the Board shall ensure that the
22Subcommittee includes 2 members recommended from each of the 3
23statewide long-term care provider associations by January 1,
25    The Chairman of the Board shall select a Subcommittee
26Chair, who shall serve for a period of one year, from those



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1serving on the Subcommittee at the recommendation of the 3
2long-term care provider associations. Each year thereafter,
3the Chairman of the Board shall name a successor Subcommittee
4Chair from the recommendations of a different provider
5association. Voting members shall be appointed for a period of
63 years, with one-third of the terms expiring each January, to
7be determined by lot. One representative from the Department of
8Public Health, the Department of Healthcare and Family
9Services, and the Department of Human Services shall each serve
10as a non-voting member of the Subcommittee.
11    (16) Prescribe and provide forms pertaining to the State
12Board Staff Report. A State Board Staff Report shall pertain to
13applications that include, but are not limited to, applications
14for permit or exemption, applications for permit renewal,
15applications for extension of the obligation period,
16applications requesting a declaratory ruling, or applications
17under the Health Care Worker Self-Referral Self Referral Act.
18State Board Staff Reports shall compare applications to the
19relevant review criteria under the Board's rules.
20    (17) (16) Establish a separate set of rules and guidelines
21for facilities licensed under the Specialized Mental Health
22Rehabilitation Act of 2013. An application for the
23re-establishment of a facility in connection with the
24relocation of the facility shall not be granted unless the
25applicant has a contractual relationship with at least one
26hospital to provide emergency and inpatient mental health



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1services required by facility consumers, and at least one
2community mental health agency to provide oversight and
3assistance to facility consumers while living in the facility,
4and appropriate services, including case management, to assist
5them to prepare for discharge and reside stably in the
6community thereafter. No new facilities licensed under the
7Specialized Mental Health Rehabilitation Act of 2013 shall be
8established after June 16, 2014 (the effective date of Public
9Act 98-651) this amendatory Act of the 98th General Assembly
10except in connection with the relocation of an existing
11facility to a new location. An application for a new location
12shall not be approved unless there are adequate community
13services accessible to the consumers within a reasonable
14distance, or by use of public transportation, so as to
15facilitate the goal of achieving maximum individual self-care
16and independence. At no time shall the total number of
17authorized beds under this Act in facilities licensed under the
18Specialized Mental Health Rehabilitation Act of 2013 exceed the
19number of authorized beds on June 16, 2014 (the effective date
20of Public Act 98-651) this amendatory Act of the 98th General
22(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
23eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;
2498-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.
256-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".