Full Text of HB5429 103rd General Assembly
HB5429enr 103RD GENERAL ASSEMBLY | | | HB5429 Enrolled | | LRB103 39499 CES 69696 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Assisted Living and Shared Housing Act is | 5 | | amended by adding Section 21 as follows: | 6 | | (210 ILCS 9/21 new) | 7 | | Sec. 21. Establishment plan review; fees. | 8 | | (a) Before commencing construction of new assisted living | 9 | | or shared housing establishments or alterations or additions | 10 | | to an existing assisted living or shared housing establishment | 11 | | involving major construction, as defined by rule by the | 12 | | Department, an applicant under this Section shall submit | 13 | | architectural drawings and specifications to the Department | 14 | | for review and approval. An applicant under this Section shall | 15 | | submit architectural drawings and specifications for other | 16 | | construction projects for Department review according to | 17 | | subsection (b) that shall not be subject to fees under | 18 | | subsection (d). Review of drawings and specifications shall be | 19 | | conducted by an employee of the Department meeting the | 20 | | qualifications established by the Department of Central | 21 | | Management Services class specifications for the individual's | 22 | | position. Final approval of the drawings and specifications | 23 | | for compliance with design and construction standards shall be |
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| 1 | | obtained from the Department before the proposed alteration, | 2 | | addition, or new construction begins. The Department shall | 3 | | adopt rules for determining whether a construction, | 4 | | alteration, or addition is subject to the submission | 5 | | requirements of this Section. The Department shall not review | 6 | | a submission under this Section until the required fee, if | 7 | | any, has been paid. | 8 | | (b) The Department shall inform an applicant in writing | 9 | | within 10 working days after receiving drawings, | 10 | | specifications, and the required fee, if any, from the | 11 | | applicant whether the applicant's submission is complete or | 12 | | incomplete. Failure to provide the applicant with this notice | 13 | | within 10 working days shall result in the submission being | 14 | | deemed complete for purposes of initiating the 45 calendar day | 15 | | review period under this Section. If the submission is | 16 | | incomplete, the Department shall inform the applicant of the | 17 | | deficiencies with the submission in writing. If the submission | 18 | | is complete and the required fee, if any, has been paid, the | 19 | | Department shall approve or disapprove drawings and | 20 | | specifications submitted to the Department no later than 45 | 21 | | calendar days following receipt by the Department. The | 22 | | drawings and specifications shall be of sufficient detail, as | 23 | | provided by Department rule, to enable the Department to | 24 | | render a determination of compliance with design and | 25 | | construction standards under this Act. If the Department finds | 26 | | that the drawings are not of sufficient detail for it to render |
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| 1 | | a determination of compliance, the plans shall be determined | 2 | | to be incomplete and shall not be considered for purposes of | 3 | | initiating the 45 calendar day review period. If a submission | 4 | | of drawings and specifications is incomplete, the applicant | 5 | | may submit additional information. The 45 calendar day review | 6 | | period shall not commence until the Department determines that | 7 | | a submission of drawings and specifications is complete or the | 8 | | submission is deemed complete. If the Department has not | 9 | | approved or disapproved the drawings and specifications within | 10 | | 45 calendar days, the construction, major alteration, or | 11 | | addition shall be deemed approved. If the drawings and | 12 | | specifications are disapproved, the Department shall state in | 13 | | writing, with specificity, the reasons for the disapproval. | 14 | | The entity submitting the drawings and specifications may | 15 | | submit additional information in response to the written | 16 | | comments from the Department or request a reconsideration of | 17 | | the disapproval. A final decision of approval or disapproval | 18 | | shall be made within 30 calendar days of the receipt of the | 19 | | additional information or reconsideration request. If denied, | 20 | | the Department shall state the specific reasons for the | 21 | | denial. | 22 | | (c) The Department shall provide written approval for | 23 | | occupancy pursuant to subsection (g). | 24 | | (d) The Department shall charge the following fees in | 25 | | connection with its reviews conducted after the effective date | 26 | | of this amendatory Act of the 103rd General Assembly under |
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| 1 | | this Section: | 2 | | (1) If the estimated dollar value of the alteration, | 3 | | addition, or new construction is $99,999.99 or less, no | 4 | | fee is required. | 5 | | (2) If the estimated dollar value of the alteration, | 6 | | addition, or new construction is $100,000 or more but less | 7 | | than $500,000, the fee shall be the greater of $2,400 or | 8 | | 1.2% of the estimated dollar value of the alteration, | 9 | | addition, or new construction. | 10 | | (3) If the estimated dollar value of the alteration, | 11 | | addition, or new construction is $500,000 or more but less | 12 | | than $1,000,000, the fee shall be the greater of $6,0000 | 13 | | or 0.96% of that value. | 14 | | (4) If the estimated dollar value of the alteration, | 15 | | addition, or new construction is $1,000,000 or more but | 16 | | less than $5,000,000, the fee shall be the greater of | 17 | | $9,600 or 0.22% of the estimated dollar value of the | 18 | | alteration, addition, or new construction. | 19 | | (5) If the estimated dollar value of the alteration, | 20 | | addition, or new construction is $5,000,000 or more, the | 21 | | fee shall be the greater of $11,000 or 0.11% of the | 22 | | estimated dollar value of the alteration, addition, or new | 23 | | construction, but shall not exceed $30,000. | 24 | | The fees provided in this subsection (d) shall not apply | 25 | | to major construction projects involving establishment changes | 26 | | that are required by an amendment to a Department rule. |
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| 1 | | The Department shall not commence the establishment plan | 2 | | review process under this Section until the applicable fee has | 3 | | been paid. | 4 | | (e) All fees received by the Department under this Section | 5 | | shall be deposited into the Health Facility Plan Review Fund, | 6 | | a special fund created in the State Treasury. All fees paid by | 7 | | establishments under this Section shall be used only to cover | 8 | | the costs relating to the Department's review of projects | 9 | | listed in this Section. Moneys shall be appropriated from that | 10 | | Fund to the Department only to pay the costs of conducting | 11 | | reviews under this Section, under Section 3-202.5 of the | 12 | | Nursing Home Care Act, Section 3-202.5 of the MC/DD Act, or | 13 | | Section 3-202.5 of the ID/DD Community Care Act. None of the | 14 | | moneys in the Health Facility Plan Review Fund shall be used to | 15 | | reduce the amount of General Revenue Fund moneys appropriated | 16 | | to the Department for plan reviews conducted pursuant to this | 17 | | Section. | 18 | | (f) The Department shall review the fee structure 3 years | 19 | | after the effective date of this amendatory Act of the 103rd | 20 | | General Assembly and every 5 years thereafter, and fees shall | 21 | | be increased or decreased to maintain the plan review program. | 22 | | (g) The Department shall conduct an on-site inspection of | 23 | | the completed project no later than 30 working days after | 24 | | notification from the applicant under this Section that the | 25 | | project has been completed and all certifications required by | 26 | | the Department have been received and accepted by the |
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| 1 | | Department. The Department shall provide written approval for | 2 | | occupancy to the applicant within 10 working days of the | 3 | | Department's final inspection, provided the applicant has | 4 | | demonstrated substantial compliance as defined by Department | 5 | | rule. Occupancy of new major construction is prohibited until | 6 | | Department approval is received, unless the Department has not | 7 | | acted within the time frames provided in this subsection (g), | 8 | | in which case the construction shall be deemed approved. | 9 | | Occupancy shall be authorized after any required health | 10 | | inspection by the Department has been conducted. | 11 | | (h) The Department shall establish, by rule, a procedure | 12 | | to conduct voluntary interim on-site review of large or | 13 | | complex construction projects for a fee of $3,000 per interim | 14 | | on-site review. | 15 | | (i) The Department shall establish, by rule, an expedited | 16 | | process for emergency repairs or replacement of like | 17 | | equipment. | 18 | | The establishment shall not be occupied until the | 19 | | Department provides written approval for occupancy to the | 20 | | owner or operator within 10 business days after the | 21 | | Department's final inspection, provided that the owner or | 22 | | operator has substantially complied with this Section as | 23 | | determined by the Department by rule. | 24 | | (j) Nothing in this Section shall be construed to apply to | 25 | | maintenance, upkeep, or renovation that does not affect the | 26 | | structural integrity of the building, does not add units or |
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| 1 | | services over the number for which the establishment is | 2 | | licensed, and provides a reasonable degree of safety for the | 3 | | residents. | 4 | | Section 10. The Nursing Home Care Act is amended by | 5 | | changing Section 3-202.5 as follows: | 6 | | (210 ILCS 45/3-202.5) | 7 | | Sec. 3-202.5. Facility plan review; fees. | 8 | | (a) Before commencing construction of a new facility or | 9 | | specified types of alteration or additions to an existing long | 10 | | term care facility involving major construction, as defined by | 11 | | rule by the Department, with an estimated cost greater than | 12 | | $100,000, architectural drawings and specifications for the | 13 | | facility shall be submitted to the Department for review and | 14 | | approval. A facility may submit architectural drawings and | 15 | | specifications for other construction projects for Department | 16 | | review according to subsection (b) that shall not be subject | 17 | | to fees under subsection (d). Review of drawings and | 18 | | specifications shall be conducted by an employee of the | 19 | | Department meeting the qualifications established by the | 20 | | Department of Central Management Services class specifications | 21 | | for such an individual's position or by a person contracting | 22 | | with the Department who meets those class specifications. | 23 | | Final approval of the drawings and specifications for | 24 | | compliance with design and construction standards shall be |
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| 1 | | obtained from the Department before the alteration, addition, | 2 | | or new construction is begun. | 3 | | (b) The Department shall inform an applicant in writing | 4 | | within 10 working days after receiving drawings and | 5 | | specifications and the required fee, if any, from the | 6 | | applicant whether the applicant's submission is complete or | 7 | | incomplete. Failure to provide the applicant with this notice | 8 | | within 10 working days shall result in the submission being | 9 | | deemed complete for purposes of initiating the 60-day review | 10 | | period under this Section. If the submission is incomplete, | 11 | | the Department shall inform the applicant of the deficiencies | 12 | | with the submission in writing. If the submission is complete | 13 | | the required fee, if any, has been paid, the Department shall | 14 | | approve or disapprove drawings and specifications submitted to | 15 | | the Department no later than 60 days following receipt by the | 16 | | Department. The drawings and specifications shall be of | 17 | | sufficient detail, as provided by Department rule, to enable | 18 | | the Department to render a determination of compliance with | 19 | | design and construction standards under this Act. If the | 20 | | Department finds that the drawings are not of sufficient | 21 | | detail for it to render a determination of compliance, the | 22 | | plans shall be determined to be incomplete and shall not be | 23 | | considered for purposes of initiating the 60-day review | 24 | | period. If a submission of drawings and specifications is | 25 | | incomplete, the applicant may submit additional information. | 26 | | The 60-day review period shall not commence until the |
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| 1 | | Department determines that a submission of drawings and | 2 | | specifications is complete or the submission is deemed | 3 | | complete. If the Department has not approved or disapproved | 4 | | the drawings and specifications within 60 days, the | 5 | | construction, major alteration, or addition shall be deemed | 6 | | approved. If the drawings and specifications are disapproved, | 7 | | the Department shall state in writing, with specificity, the | 8 | | reasons for the disapproval. The entity submitting the | 9 | | drawings and specifications may submit additional information | 10 | | in response to the written comments from the Department or | 11 | | request a reconsideration of the disapproval. A final decision | 12 | | of approval or disapproval shall be made within 45 days of the | 13 | | receipt of the additional information or reconsideration | 14 | | request. If denied, the Department shall state the specific | 15 | | reasons for the denial. | 16 | | (c) The Department shall provide written approval for | 17 | | occupancy pursuant to subsection (g) and shall not issue a | 18 | | violation to a facility as a result of a licensure or complaint | 19 | | survey based upon the facility's physical structure if: | 20 | | (1) the Department reviewed and approved or deemed | 21 | | approved the drawings and specifications for compliance | 22 | | with design and construction standards; | 23 | | (2) the construction, major alteration, or addition | 24 | | was built as submitted; | 25 | | (3) the law or rules have not been amended since the | 26 | | original approval; and |
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| 1 | | (4) the conditions at the facility indicate that there | 2 | | is a reasonable degree of safety provided for the | 3 | | residents. | 4 | | (d) The Department shall charge the following fees in | 5 | | connection with its reviews conducted before June 30, 2004 | 6 | | under this Section: | 7 | | (1) (Blank). | 8 | | (2) (Blank). | 9 | | (3) If the estimated dollar value of the alteration, | 10 | | addition, or new construction is $100,000 or more but less | 11 | | than $500,000, the fee shall be the greater of $2,400 or | 12 | | 1.2% of that value. | 13 | | (4) If the estimated dollar value of the alteration, | 14 | | addition, or new construction is $500,000 or more but less | 15 | | than $1,000,000, the fee shall be the greater of $6,000 or | 16 | | 0.96% of that value. | 17 | | (5) If the estimated dollar value of the alteration, | 18 | | addition, or new construction is $1,000,000 or more but | 19 | | less than $5,000,000, the fee shall be the greater of | 20 | | $9,600 or 0.22% of that value. | 21 | | (6) If the estimated dollar value of the alteration, | 22 | | addition, or new construction is $5,000,000 or more, the | 23 | | fee shall be the greater of $11,000 or 0.11% of that value, | 24 | | but shall not exceed $40,000. | 25 | | The fees provided in this subsection (d) shall not apply | 26 | | to major construction projects involving facility changes that |
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| 1 | | are required by Department rule amendments. | 2 | | The fees provided in this subsection (d) shall also not | 3 | | apply to major construction projects if 51% or more of the | 4 | | estimated cost of the project is attributed to capital | 5 | | equipment. For major construction projects where 51% or more | 6 | | of the estimated cost of the project is attributed to capital | 7 | | equipment, the Department shall by rule establish a fee that | 8 | | is reasonably related to the cost of reviewing the project. | 9 | | The Department shall not commence the facility plan review | 10 | | process under this Section until the applicable fee has been | 11 | | paid. | 12 | | (e) All fees received by the Department under this Section | 13 | | shall be deposited into the Health Facility Plan Review Fund, | 14 | | a special fund created in the State Treasury. All fees paid by | 15 | | long-term care facilities under subsection (d) shall be used | 16 | | only to cover the costs relating to the Department's review of | 17 | | long-term care facility projects under this Section. Moneys | 18 | | shall be appropriated from that Fund to the Department only to | 19 | | pay the costs of conducting reviews under this Section , or | 20 | | under Section 3-202.5 of the ID/DD Community Care Act , or | 21 | | Section 3-202.5 of the MC/DD Act , or Section 21 of the Assisted | 22 | | Living and Shared Housing Act . None of the moneys in the Health | 23 | | Facility Plan Review Fund shall be used to reduce the amount of | 24 | | General Revenue Fund moneys appropriated to the Department for | 25 | | facility plan reviews conducted pursuant to this Section. | 26 | | (f)(1) The provisions of this amendatory Act of 1997 |
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| 1 | | concerning drawings and specifications shall apply only to | 2 | | drawings and specifications submitted to the Department on or | 3 | | after October 1, 1997. | 4 | | (2) On and after the effective date of this amendatory Act | 5 | | of 1997 and before October 1, 1997, an applicant may submit or | 6 | | resubmit drawings and specifications to the Department and pay | 7 | | the fees provided in subsection (d). If an applicant pays the | 8 | | fees provided in subsection (d) under this paragraph (2), the | 9 | | provisions of subsection (b) shall apply with regard to those | 10 | | drawings and specifications. | 11 | | (g) The Department shall conduct an on-site inspection of | 12 | | the completed project no later than 30 days after notification | 13 | | from the applicant that the project has been completed and all | 14 | | certifications required by the Department have been received | 15 | | and accepted by the Department, except that, during a | 16 | | statewide public health emergency, as defined in the Illinois | 17 | | Emergency Management Agency Act, the Department shall conduct | 18 | | an on-site inspection of the completed project to the extent | 19 | | feasible. The Department shall provide written approval for | 20 | | occupancy to the applicant within 5 working days of the | 21 | | Department's final inspection, provided the applicant has | 22 | | demonstrated substantial compliance as defined by Department | 23 | | rule. Occupancy of new major construction is prohibited until | 24 | | Department approval is received, unless the Department has not | 25 | | acted within the time frames provided in this subsection (g), | 26 | | in which case the construction shall be deemed approved. |
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| 1 | | Occupancy shall be authorized after any required health | 2 | | inspection by the Department has been conducted. | 3 | | (h) The Department shall establish, by rule, a procedure | 4 | | to conduct interim on-site review of large or complex | 5 | | construction projects. | 6 | | (i) The Department shall establish, by rule, an expedited | 7 | | process for emergency repairs or replacement of like | 8 | | equipment. | 9 | | (j) Nothing in this Section shall be construed to apply to | 10 | | maintenance, upkeep, or renovation that does not affect the | 11 | | structural integrity of the building, does not add beds or | 12 | | services over the number for which the long-term care facility | 13 | | is licensed, and provides a reasonable degree of safety for | 14 | | the residents. | 15 | | (Source: P.A. 103-1, eff. 4-27-23.) | 16 | | Section 15. The MC/DD Act is amended by changing Section | 17 | | 3-202.5 as follows: | 18 | | (210 ILCS 46/3-202.5) | 19 | | Sec. 3-202.5. Facility plan review; fees. | 20 | | (a) Before commencing construction of a new facility or | 21 | | specified types of alteration or additions to an existing | 22 | | facility involving major construction, as defined by rule by | 23 | | the Department, with an estimated cost greater than $100,000, | 24 | | architectural drawings and specifications for the facility |
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| 1 | | shall be submitted to the Department for review and approval. | 2 | | A facility may submit architectural drawings and | 3 | | specifications for other construction projects for Department | 4 | | review according to subsection (b) that shall not be subject | 5 | | to fees under subsection (d). Review of drawings and | 6 | | specifications shall be conducted by an employee of the | 7 | | Department meeting the qualifications established by the | 8 | | Department of Central Management Services class specifications | 9 | | for such an individual's position or by a person contracting | 10 | | with the Department who meets those class specifications. | 11 | | Final approval of the drawings and specifications for | 12 | | compliance with design and construction standards shall be | 13 | | obtained from the Department before the alteration, addition, | 14 | | or new construction is begun. | 15 | | (b) The Department shall inform an applicant in writing | 16 | | within 10 working days after receiving drawings and | 17 | | specifications and the required fee, if any, from the | 18 | | applicant whether the applicant's submission is complete or | 19 | | incomplete. Failure to provide the applicant with this notice | 20 | | within 10 working days shall result in the submission being | 21 | | deemed complete for purposes of initiating the 60-day review | 22 | | period under this Section. If the submission is incomplete, | 23 | | the Department shall inform the applicant of the deficiencies | 24 | | with the submission in writing. If the submission is complete | 25 | | the required fee, if any, has been paid, the Department shall | 26 | | approve or disapprove drawings and specifications submitted to |
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| 1 | | the Department no later than 60 days following receipt by the | 2 | | Department. The drawings and specifications shall be of | 3 | | sufficient detail, as provided by Department rule, to enable | 4 | | the Department to render a determination of compliance with | 5 | | design and construction standards under this Act. If the | 6 | | Department finds that the drawings are not of sufficient | 7 | | detail for it to render a determination of compliance, the | 8 | | plans shall be determined to be incomplete and shall not be | 9 | | considered for purposes of initiating the 60 day review | 10 | | period. If a submission of drawings and specifications is | 11 | | incomplete, the applicant may submit additional information. | 12 | | The 60 day review period shall not commence until the | 13 | | Department determines that a submission of drawings and | 14 | | specifications is complete or the submission is deemed | 15 | | complete. If the Department has not approved or disapproved | 16 | | the drawings and specifications within 60 days, the | 17 | | construction, major alteration, or addition shall be deemed | 18 | | approved. If the drawings and specifications are disapproved, | 19 | | the Department shall state in writing, with specificity, the | 20 | | reasons for the disapproval. The entity submitting the | 21 | | drawings and specifications may submit additional information | 22 | | in response to the written comments from the Department or | 23 | | request a reconsideration of the disapproval. A final decision | 24 | | of approval or disapproval shall be made within 45 days of the | 25 | | receipt of the additional information or reconsideration | 26 | | request. If denied, the Department shall state the specific |
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| 1 | | reasons for the denial. | 2 | | (c) The Department shall provide written approval for | 3 | | occupancy pursuant to subsection (g) and shall not issue a | 4 | | violation to a facility as a result of a licensure or complaint | 5 | | survey based upon the facility's physical structure if: | 6 | | (1) the Department reviewed and approved or deemed | 7 | | approved the drawings and specifications for compliance | 8 | | with design and construction standards; | 9 | | (2) the construction, major alteration, or addition | 10 | | was built as submitted; | 11 | | (3) the law or rules have not been amended since the | 12 | | original approval; and | 13 | | (4) the conditions at the facility indicate that there | 14 | | is a reasonable degree of safety provided for the | 15 | | residents. | 16 | | (d) (Blank). | 17 | | (e) All fees received by the Department under this Section | 18 | | shall be deposited into the Health Facility Plan Review Fund, | 19 | | a special fund created in the State Treasury. All fees paid by | 20 | | facilities under this Section shall be used to cover the costs | 21 | | relating to the Department's review of facility projects under | 22 | | this Section only. Moneys shall be appropriated from that Fund | 23 | | to the Department only to pay the costs of conducting reviews | 24 | | under this Section, under Section 3-202.5 of the Nursing Home | 25 | | Care Act , under Section 21 of the Assisted Living and Shared | 26 | | Housing Act , or under Section 3-202.5 of the ID/DD Community |
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| 1 | | Care Act. None of the moneys in the Health Facility Plan Review | 2 | | Fund shall be used to reduce the amount of General Revenue Fund | 3 | | moneys appropriated to the Department for facility plan | 4 | | reviews conducted pursuant to this Section. | 5 | | (f) (Blank). | 6 | | (g) The Department shall conduct an on site inspection of | 7 | | the completed project no later than 30 days after notification | 8 | | from the applicant that the project has been completed and all | 9 | | certifications required by the Department have been received | 10 | | and accepted by the Department, except that, during a | 11 | | statewide public health emergency, as defined in the Illinois | 12 | | Emergency Management Agency Act, the Department shall conduct | 13 | | an on-site inspection to the extent feasible. The Department | 14 | | shall provide written approval for occupancy to the applicant | 15 | | within 5 working days of the Department's final inspection, | 16 | | provided the applicant has demonstrated substantial compliance | 17 | | as defined by Department rule. Occupancy of new major | 18 | | construction is prohibited until Department approval is | 19 | | received, unless the Department has not acted within the time | 20 | | frames provided in this subsection (g), in which case the | 21 | | construction shall be deemed approved. Occupancy shall be | 22 | | authorized after any required health inspection by the | 23 | | Department has been conducted. | 24 | | (h) The Department shall establish, by rule, a procedure | 25 | | to conduct interim on site review of large or complex | 26 | | construction projects. |
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| 1 | | (i) The Department shall establish, by rule, an expedited | 2 | | process for emergency repairs or replacement of like | 3 | | equipment. | 4 | | (j) Nothing in this Section shall be construed to apply to | 5 | | maintenance, upkeep, or renovation that does not affect the | 6 | | structural integrity of the building, does not add beds or | 7 | | services over the number for which the facility is licensed, | 8 | | and provides a reasonable degree of safety for the residents. | 9 | | (Source: P.A. 103-1, eff. 4-27-23.) | 10 | | Section 20. The ID/DD Community Care Act is amended by | 11 | | changing Section 3-202.5 as follows: | 12 | | (210 ILCS 47/3-202.5) | 13 | | Sec. 3-202.5. Facility plan review; fees. | 14 | | (a) Before commencing construction of a new facility or | 15 | | specified types of alteration or additions to an existing long | 16 | | term care facility involving major construction, as defined by | 17 | | rule by the Department, with an estimated cost greater than | 18 | | $100,000, architectural drawings and specifications for the | 19 | | facility shall be submitted to the Department for review and | 20 | | approval. A facility may submit architectural drawings and | 21 | | specifications for other construction projects for Department | 22 | | review according to subsection (b) that shall not be subject | 23 | | to fees under subsection (d). Review of drawings and | 24 | | specifications shall be conducted by an employee of the |
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| 1 | | Department meeting the qualifications established by the | 2 | | Department of Central Management Services class specifications | 3 | | for such an individual's position or by a person contracting | 4 | | with the Department who meets those class specifications. | 5 | | Final approval of the drawings and specifications for | 6 | | compliance with design and construction standards shall be | 7 | | obtained from the Department before the alteration, addition, | 8 | | or new construction is begun. | 9 | | (b) The Department shall inform an applicant in writing | 10 | | within 10 working days after receiving drawings and | 11 | | specifications and the required fee, if any, from the | 12 | | applicant whether the applicant's submission is complete or | 13 | | incomplete. Failure to provide the applicant with this notice | 14 | | within 10 working days shall result in the submission being | 15 | | deemed complete for purposes of initiating the 60 day review | 16 | | period under this Section. If the submission is incomplete, | 17 | | the Department shall inform the applicant of the deficiencies | 18 | | with the submission in writing. If the submission is complete | 19 | | the required fee, if any, has been paid, the Department shall | 20 | | approve or disapprove drawings and specifications submitted to | 21 | | the Department no later than 60 days following receipt by the | 22 | | Department. The drawings and specifications shall be of | 23 | | sufficient detail, as provided by Department rule, to enable | 24 | | the Department to render a determination of compliance with | 25 | | design and construction standards under this Act. If the | 26 | | Department finds that the drawings are not of sufficient |
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| 1 | | detail for it to render a determination of compliance, the | 2 | | plans shall be determined to be incomplete and shall not be | 3 | | considered for purposes of initiating the 60 day review | 4 | | period. If a submission of drawings and specifications is | 5 | | incomplete, the applicant may submit additional information. | 6 | | The 60 day review period shall not commence until the | 7 | | Department determines that a submission of drawings and | 8 | | specifications is complete or the submission is deemed | 9 | | complete. If the Department has not approved or disapproved | 10 | | the drawings and specifications within 60 days, the | 11 | | construction, major alteration, or addition shall be deemed | 12 | | approved. If the drawings and specifications are disapproved, | 13 | | the Department shall state in writing, with specificity, the | 14 | | reasons for the disapproval. The entity submitting the | 15 | | drawings and specifications may submit additional information | 16 | | in response to the written comments from the Department or | 17 | | request a reconsideration of the disapproval. A final decision | 18 | | of approval or disapproval shall be made within 45 days of the | 19 | | receipt of the additional information or reconsideration | 20 | | request. If denied, the Department shall state the specific | 21 | | reasons for the denial. | 22 | | (c) The Department shall provide written approval for | 23 | | occupancy pursuant to subsection (g) and shall not issue a | 24 | | violation to a facility as a result of a licensure or complaint | 25 | | survey based upon the facility's physical structure if: | 26 | | (1) the Department reviewed and approved or deemed |
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| 1 | | approved the drawings and specifications for compliance | 2 | | with design and construction standards; | 3 | | (2) the construction, major alteration, or addition | 4 | | was built as submitted; | 5 | | (3) the law or rules have not been amended since the | 6 | | original approval; and | 7 | | (4) the conditions at the facility indicate that there | 8 | | is a reasonable degree of safety provided for the | 9 | | residents. | 10 | | (d) The Department shall charge the following fees in | 11 | | connection with its reviews conducted before June 30, 2004 | 12 | | under this Section: | 13 | | (1) (Blank). | 14 | | (2) (Blank). | 15 | | (3) If the estimated dollar value of the alteration, | 16 | | addition, or new construction is $100,000 or more but less | 17 | | than $500,000, the fee shall be the greater of $2,400 or | 18 | | 1.2% of that value. | 19 | | (4) If the estimated dollar value of the alteration, | 20 | | addition, or new construction is $500,000 or more but less | 21 | | than $1,000,000, the fee shall be the greater of $6,000 or | 22 | | 0.96% of that value. | 23 | | (5) If the estimated dollar value of the alteration, | 24 | | addition, or new construction is $1,000,000 or more but | 25 | | less than $5,000,000, the fee shall be the greater of | 26 | | $9,600 or 0.22% of that value. |
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| 1 | | (6) If the estimated dollar value of the alteration, | 2 | | addition, or new construction is $5,000,000 or more, the | 3 | | fee shall be the greater of $11,000 or 0.11% of that value, | 4 | | but shall not exceed $40,000. The fees provided in this | 5 | | subsection (d) shall not apply to major construction | 6 | | projects involving facility changes that are required by | 7 | | Department rule amendments. The fees provided in this | 8 | | subsection (d) shall also not apply to major construction | 9 | | projects if 51% or more of the estimated cost of the | 10 | | project is attributed to capital equipment. For major | 11 | | construction projects where 51% or more of the estimated | 12 | | cost of the project is attributed to capital equipment, | 13 | | the Department shall by rule establish a fee that is | 14 | | reasonably related to the cost of reviewing the project. | 15 | | The Department shall not commence the facility plan review | 16 | | process under this Section until the applicable fee has | 17 | | been paid. | 18 | | (e) All fees received by the Department under this Section | 19 | | shall be deposited into the Health Facility Plan Review Fund, | 20 | | a special fund created in the State Treasury. All fees paid by | 21 | | long term care facilities under subsection (d) shall be used | 22 | | only to cover the costs relating to the Department's review of | 23 | | long term care facility projects under this Section. Moneys | 24 | | shall be appropriated from that Fund to the Department only to | 25 | | pay the costs of conducting reviews under this Section , | 26 | | Section 3-202.5 of the MC/DD Act, Section 21 of the Assisted |
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| 1 | | Living and Shared Housing Act, or under Section 3-202.5 of the | 2 | | Nursing Home Care Act. None of the moneys in the Health | 3 | | Facility Plan Review Fund shall be used to reduce the amount of | 4 | | General Revenue Fund moneys appropriated to the Department for | 5 | | facility plan reviews conducted pursuant to this Section. | 6 | | (f) (Blank). | 7 | | (g) The Department shall conduct an on site inspection of | 8 | | the completed project no later than 30 days after notification | 9 | | from the applicant that the project has been completed and all | 10 | | certifications required by the Department have been received | 11 | | and accepted by the Department. The Department shall provide | 12 | | written approval for occupancy to the applicant within 5 | 13 | | working days of the Department's final inspection, provided | 14 | | the applicant has demonstrated substantial compliance as | 15 | | defined by Department rule. Occupancy of new major | 16 | | construction is prohibited until Department approval is | 17 | | received, unless the Department has not acted within the time | 18 | | frames provided in this subsection (g), in which case the | 19 | | construction shall be deemed approved. Occupancy shall be | 20 | | authorized after any required health inspection by the | 21 | | Department has been conducted. | 22 | | (h) The Department shall establish, by rule, a procedure | 23 | | to conduct interim on site review of large or complex | 24 | | construction projects. | 25 | | (i) The Department shall establish, by rule, an expedited | 26 | | process for emergency repairs or replacement of like |
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| 1 | | equipment. | 2 | | (j) Nothing in this Section shall be construed to apply to | 3 | | maintenance, upkeep, or renovation that does not affect the | 4 | | structural integrity of the building, does not add beds or | 5 | | services over the number for which the long term care facility | 6 | | is licensed, and provides a reasonable degree of safety for | 7 | | the residents. | 8 | | (Source: P.A. 96-339, eff. 7-1-10 .) |
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