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


Rep. Brandon W. Phelps

Filed: 4/15/2015





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8    (Section scheduled to be repealed on December 31, 2019)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



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



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



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



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



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



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1or deny an application, or take other actions permitted under
2this Act, at the time and date of the meeting that such action
3is scheduled by the Board. State Board members shall provide
4their rationale when voting on an item before the State Board
5at a State Board meeting in order to comply with subsection (b)
6of Section 3-108 of the Administrative Review Law of the Code
7of Civil Procedure. The transcript of the State Board meeting
8shall be incorporated into the Board's final decision. The
9staff of the Board shall prepare a written copy of the final
10decision and the Board shall approve a final copy for inclusion
11in the formal record. The Board shall consider, for approval,
12the written draft of the final decision no later than the next
13scheduled Board meeting. The written decision shall identify
14the applicable 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 Board denies or
17fails to approve an application for permit or exemption, the
18Board shall include in the final decision a detailed
19explanation as to why the application was denied and identify
20what specific criteria or standards the applicant did not
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.



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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.
19The Subcommittee shall make recommendations to the Board no
20later than January 1, 2016 and every January thereafter
21pursuant to the Subcommittee's responsibility for the
22continuous review and commentary on policies and procedures
23relative to long-term care. In consultation with other experts
24from the health field of long-term care, the Board and the
25Subcommittee shall study new approaches to the current bed need
26formula and Health Service Area boundaries to encourage



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1flexibility and innovation in design models reflective of the
2changing long-term care marketplace and consumer preferences
3and submit its recommendations to the Chairman of the Board no
4later than January 1, 2017. The Subcommittee shall evaluate,
5and make recommendations to the State Board regarding, the
6buying, selling, and exchange of beds between long-term care
7facilities within a specified geographic area or drive time.
8The Board shall file the proposed related administrative rules
9for the separate rules and guidelines for long-term care
10required by this paragraph (15) by no later than September 30,
112011. The Subcommittee shall be provided a reasonable and
12timely opportunity to review and comment on any review,
13revision, or updating of the criteria, standards, procedures,
14and rules used to evaluate project applications as provided
15under Section 12.3 of this Act.
16    The Chairman of the Board shall appoint voting members of
17the Subcommittee, who shall serve for a period of 3 years, with
18one-third of the terms expiring each January, to be determined
19by lot. Appointees shall include, but not be limited to,
20recommendations from each of the 3 statewide long-term care
21associations, with an equal number to be appointed from each.
22Compliance with this provision shall be through the appointment
23and reappointment process. All appointees serving as of April
241, 2015 shall serve to the end of their term as determined by
25lot or until the appointee voluntarily resigns, whichever is



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1    One representative from the Department of Public Health,
2the Department of Healthcare and Family Services, the
3Department on Aging, and the Department of Human Services may
4each serve as an ex-officio non-voting member of the
5Subcommittee. The Chairman of the Board shall select a
6Subcommittee Chair, who shall serve for a period of 3 years.
7    (16) Prescribe and provide forms pertaining to the State
8Board Staff Report. A State Board Staff Report shall pertain to
9applications that include, but are not limited to, applications
10for permit or exemption, applications for permit renewal,
11applications for extension of the obligation period,
12applications requesting a declaratory ruling, or applications
13under the Health Care Worker Self-Referral Self Referral Act.
14State Board Staff Reports shall compare applications to the
15relevant review criteria under the Board's rules.
16    (17) (16) Establish a separate set of rules and guidelines
17for facilities licensed under the Specialized Mental Health
18Rehabilitation Act of 2013. An application for the
19re-establishment of a facility in connection with the
20relocation of the facility shall not be granted unless the
21applicant has a contractual relationship with at least one
22hospital to provide emergency and inpatient mental health
23services required by facility consumers, and at least one
24community mental health agency to provide oversight and
25assistance to facility consumers while living in the facility,
26and appropriate services, including case management, to assist



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1them to prepare for discharge and reside stably in the
2community thereafter. No new facilities licensed under the
3Specialized Mental Health Rehabilitation Act of 2013 shall be
4established after June 16, 2014 (the effective date of Public
5Act 98-651) this amendatory Act of the 98th General Assembly
6except in connection with the relocation of an existing
7facility to a new location. An application for a new location
8shall not be approved unless there are adequate community
9services accessible to the consumers within a reasonable
10distance, or by use of public transportation, so as to
11facilitate the goal of achieving maximum individual self-care
12and independence. At no time shall the total number of
13authorized beds under this Act in facilities licensed under the
14Specialized Mental Health Rehabilitation Act of 2013 exceed the
15number of authorized beds on June 16, 2014 (the effective date
16of Public Act 98-651) this amendatory Act of the 98th General
18(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
19eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;
2098-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.
216-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".