Full Text of HB3813 103rd General Assembly
HB3813 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3813 Introduced 2/17/2023, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3960/6 | from Ch. 111 1/2, par. 1156 | 20 ILCS 3960/8.5 | | 20 ILCS 3960/12 | from Ch. 111 1/2, par. 1162 | 20 ILCS 3960/12.2 | | 20 ILCS 3960/8.7 rep. | |
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Amends the Illinois Health Facilities Planning Act. Restores the provisions that were amended by Public Act 101-83 to the form in which they existed before their amendment by Public Act 101-83. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended by changing Sections 6, 8.5, 12, and 12.2 as follows:
| 6 | | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| 7 | | (Section scheduled to be repealed on December 31, 2029)
| 8 | | Sec. 6. Application for permit or exemption; exemption | 9 | | regulations.
| 10 | | (a) An application for a permit or exemption shall be made | 11 | | to
the State Board upon forms provided by the State Board. This | 12 | | application
shall contain such information
as the State Board | 13 | | deems necessary. The State Board shall not require an | 14 | | applicant to file a Letter of Intent before an application is | 15 | | filed. Such
application shall include affirmative evidence on | 16 | | which the State
Board or Chairman may make its decision on the | 17 | | approval or denial of the permit or
exemption.
| 18 | | (b) The State Board shall establish by regulation the | 19 | | procedures and
requirements
regarding issuance of exemptions.
| 20 | | An exemption shall be approved when information required by | 21 | | the Board by rule
is submitted. Projects
eligible for an | 22 | | exemption, rather than a permit, include, but are not limited
| 23 | | to,
change of ownership of a health care facility , |
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| 1 | | discontinuation of a category of service, and discontinuation | 2 | | of a health care facility and discontinuation of a category of | 3 | | service , other than a health care facility maintained by the | 4 | | State or any agency or department thereof or a nursing home | 5 | | maintained by a county. The Board may accept an application | 6 | | for an exemption for the discontinuation of a category of | 7 | | service at a health care facility only once in a 6-month period | 8 | | following (1) the previous application for exemption at the | 9 | | same health care facility or (2) the final decision of the | 10 | | Board regarding the discontinuation of a category of service | 11 | | at the same health care facility, whichever occurs later. A | 12 | | discontinuation of a category of service shall otherwise | 13 | | require an application for a permit if an application for an | 14 | | exemption has already been accepted within the 6-month period. | 15 | | For a change of
ownership among related persons of a health | 16 | | care
facility, the State Board shall provide by rule for an
| 17 | | expedited
process for obtaining an exemption in accordance | 18 | | with Section 8.5 of this Act . For the purposes of this Section, | 19 | | "change of ownership among related persons" means a | 20 | | transaction in which the parties to the transaction are under | 21 | | common control or ownership before and after the transaction | 22 | | is complete.
| 23 | | (c) All applications shall be signed by the applicant and | 24 | | shall be
verified by any 2 officers thereof.
| 25 | | (c-5) Any written review or findings of the Board staff | 26 | | set forth in the State Board Staff Report concerning an |
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| 1 | | application for a permit must be made available to the public | 2 | | and the applicant at least 14 calendar days before the meeting | 3 | | of the State Board at which the review or findings are | 4 | | considered. The applicant and members of the public may | 5 | | submit, to the State Board, written responses regarding the | 6 | | facts set forth in the review or findings of the Board staff. | 7 | | Members of the public and the applicant shall have until 10 | 8 | | days before the meeting of the State Board to submit any | 9 | | written response concerning the Board staff's written review | 10 | | or findings. The Board staff may revise any findings to | 11 | | address corrections of factual errors cited in the public | 12 | | response. At the meeting, the State Board may, in its | 13 | | discretion, permit the submission of other additional written | 14 | | materials.
| 15 | | (d) Upon receipt of an application for a permit, the State | 16 | | Board shall
approve and authorize the issuance of a permit if | 17 | | it finds (1) that the
applicant is fit, willing, and able to | 18 | | provide a proper standard of
health care service for the | 19 | | community with particular regard to the
qualification, | 20 | | background and character of the applicant, (2) that
economic | 21 | | feasibility is demonstrated in terms of effect on the existing
| 22 | | and projected operating budget of the applicant and of the | 23 | | health care
facility; in terms of the applicant's ability to | 24 | | establish and operate
such facility in accordance with | 25 | | licensure regulations promulgated under
pertinent state laws; | 26 | | and in terms of the projected impact on the total
health care |
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| 1 | | expenditures in the facility and community, (3) that
| 2 | | safeguards are provided that assure that the establishment,
| 3 | | construction or modification of the health care facility or | 4 | | acquisition
of major medical equipment is consistent
with the | 5 | | public interest, and (4) that the proposed project is | 6 | | consistent
with the orderly and economic
development of such | 7 | | facilities and equipment and is in accord with standards,
| 8 | | criteria, or plans of need adopted and approved pursuant to | 9 | | the
provisions of Section 12 of this Act.
| 10 | | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; | 11 | | 101-83, eff. 7-15-19.)
| 12 | | (20 ILCS 3960/8.5) | 13 | | (Section scheduled to be repealed on December 31, 2029) | 14 | | Sec. 8.5. Certificate of exemption for change of ownership | 15 | | of a health care facility; discontinuation of a health care | 16 | | facility or category of service; public notice and public | 17 | | hearing. | 18 | | (a) Upon a finding that an application for a change of | 19 | | ownership is complete, the State Board shall publish a legal | 20 | | notice on 3 consecutive days one day in a newspaper of general | 21 | | circulation in the area or community to be affected and afford | 22 | | the public an opportunity to request a hearing. If the | 23 | | application is for a facility located in a Metropolitan | 24 | | Statistical Area, an additional legal notice shall be | 25 | | published in a newspaper of limited circulation, if one |
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| 1 | | exists, in the area in which the facility is located. If the | 2 | | newspaper of limited circulation is published on a daily | 3 | | basis, the additional legal notice shall be published on 3 | 4 | | consecutive days one day . The applicant shall pay the cost | 5 | | incurred by the Board in publishing the change of ownership | 6 | | notice in newspapers as required under this subsection. The | 7 | | legal notice shall also be posted on the Health Facilities and | 8 | | Services Review Board's web site and sent to the State | 9 | | Representative and State Senator of the district in which the | 10 | | health care facility is located. An application for change of | 11 | | ownership of a hospital shall not be deemed complete without a | 12 | | signed certification that for a period of 2 years after the | 13 | | change of ownership transaction is effective, the hospital | 14 | | will not adopt a charity care policy that is
more restrictive | 15 | | than the policy in effect during the year prior to the | 16 | | transaction. An application for a change of ownership need not | 17 | | contain signed transaction documents so long as it includes | 18 | | the following key terms of the transaction: names and | 19 | | background of the parties; structure of the transaction; the | 20 | | person who will be the licensed or certified entity after the | 21 | | transaction; the ownership or membership interests in such | 22 | | licensed or certified entity both prior to and after the | 23 | | transaction; fair market value of assets to be transferred; | 24 | | and the purchase price or other form of consideration to be | 25 | | provided for those assets. The issuance of the certificate of | 26 | | exemption shall be contingent upon the applicant submitting a |
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| 1 | | statement to the Board within 90 days after the closing date of | 2 | | the transaction, or such longer period as provided by the | 3 | | Board, certifying that the change of ownership has been | 4 | | completed in accordance with the key terms contained in the | 5 | | application. If such key terms of the transaction change, a | 6 | | new application shall be required. | 7 | | Where a change of ownership is among related persons, and | 8 | | there are no other changes being proposed at the health care | 9 | | facility that would otherwise require a permit or exemption | 10 | | under this Act, the applicant shall submit an application | 11 | | consisting of a standard notice in a form set forth by the | 12 | | Board briefly explaining the reasons for the proposed change | 13 | | of ownership. Once such an application is submitted to the | 14 | | Board and reviewed by the Board staff, the Board Chair shall | 15 | | take action on an application for an exemption for a change of | 16 | | ownership among related persons within 45 days after the | 17 | | application has been deemed complete, provided the application | 18 | | meets the applicable standards under this Section. If the | 19 | | Board Chair has a conflict of interest or for other good cause, | 20 | | the Chair may request review by the Board. Notwithstanding any | 21 | | other provision of this Act, for purposes of this Section, a | 22 | | change of ownership among related persons means a transaction | 23 | | where the parties to the transaction are under common control | 24 | | or ownership before and after the transaction is completed. | 25 | | Nothing in this Act shall be construed as authorizing the | 26 | | Board to impose any conditions, obligations, or limitations, |
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| 1 | | other than those required by this Section, with respect to the | 2 | | issuance of an exemption for a change of ownership, including, | 3 | | but not limited to, the time period before which a subsequent | 4 | | change of ownership of the health care facility could be | 5 | | sought, or the commitment to continue to offer for a specified | 6 | | time period any services currently offered by the health care | 7 | | facility. | 8 | | (a-3) (Blank). Upon a finding that an application to close | 9 | | a health care facility is complete, the State Board shall | 10 | | publish a legal notice on 3 consecutive days in a newspaper of | 11 | | general circulation in the area or community to be affected | 12 | | and afford the public an opportunity to request a hearing. If | 13 | | the application is for a facility located in a Metropolitan | 14 | | Statistical Area, an additional legal notice shall be | 15 | | published in a newspaper of limited circulation, if one | 16 | | exists, in the area in which the facility is located. If the | 17 | | newspaper of limited circulation is published on a daily | 18 | | basis, the additional legal notice shall be published on 3 | 19 | | consecutive days. The legal notice shall also be posted on the | 20 | | Health Facilities and Services Review Board's web site and | 21 | | sent to the State Representative and State Senator of the | 22 | | district in which the health care facility is located. In | 23 | | addition, the health care facility shall provide notice of | 24 | | closure to the local media that the health care facility would | 25 | | routinely notify about facility events. No later than 90 days | 26 | | after a discontinuation of a health facility, the applicant |
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| 1 | | must submit a statement to the State Board certifying that the | 2 | | discontinuation is complete. | 3 | | (a-5) Upon a finding that an application to discontinue a | 4 | | category of service is complete and provides the requested | 5 | | information, as specified by the State Board, an exemption | 6 | | shall be issued. No later than 30 days after the issuance of | 7 | | the exemption, the health care facility must give written | 8 | | notice of the discontinuation of the category of service to | 9 | | the State Senator and State Representative serving the | 10 | | legislative district in which the health care facility is | 11 | | located. No later than 90 days after a discontinuation of a | 12 | | category of service, the applicant must submit a statement to | 13 | | the State Board certifying that the discontinuation is | 14 | | complete. | 15 | | (b) If a public hearing is requested, it shall be held at | 16 | | least 15 days but no more than 30 days after the date of | 17 | | publication of the legal notice in the community in which the | 18 | | facility is located. The hearing shall be held in the affected | 19 | | area or community in a place of reasonable size and | 20 | | accessibility and a full and complete written transcript of | 21 | | the proceedings shall be made. All interested persons | 22 | | attending the hearing shall be given a reasonable opportunity | 23 | | to present their positions in writing or orally. The applicant | 24 | | shall provide a summary or describe the proposed change of | 25 | | ownership of the proposal for distribution at the public | 26 | | hearing.
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| 1 | | (c) For the purposes of this Section "newspaper of limited | 2 | | circulation" means a newspaper intended to serve a particular | 3 | | or defined population of a specific geographic area within a | 4 | | Metropolitan Statistical Area such as a municipality, town, | 5 | | village, township, or community area, but does not include | 6 | | publications of professional and trade associations. | 7 | | (d) The changes made to this Section by this amendatory | 8 | | Act of the 101st General Assembly shall apply to all | 9 | | applications submitted after the effective date of this | 10 | | amendatory Act of the 101st General Assembly. | 11 | | (Source: P.A. 100-201, eff. 8-18-17; 101-83, eff. 7-15-19.)
| 12 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| 13 | | (Section scheduled to be repealed on December 31, 2029) | 14 | | Sec. 12. Powers and duties of State Board. For purposes of | 15 | | this Act,
the State Board
shall
exercise the following powers | 16 | | and duties:
| 17 | | (1) Prescribe rules,
regulations, standards, criteria, | 18 | | procedures or reviews which may vary
according to the purpose | 19 | | for which a particular review is being conducted
or the type of | 20 | | project reviewed and which are required to carry out the
| 21 | | provisions and purposes of this Act. Policies and procedures | 22 | | of the State Board shall take into consideration the | 23 | | priorities and needs of medically underserved areas and other | 24 | | health care services, giving special consideration to the | 25 | | impact of projects on access to safety net services.
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| 1 | | (2) Adopt procedures for public
notice and hearing on all | 2 | | proposed rules, regulations, standards,
criteria, and plans | 3 | | required to carry out the provisions of this Act.
| 4 | | (3) (Blank).
| 5 | | (4) Develop criteria and standards for health care | 6 | | facilities planning,
conduct statewide inventories of health | 7 | | care facilities, maintain an updated
inventory on the Board's | 8 | | web site reflecting the
most recent bed and service
changes | 9 | | and updated need determinations when new census data become | 10 | | available
or new need formulae
are adopted,
and
develop health | 11 | | care facility plans which shall be utilized in the review of
| 12 | | applications for permit under
this Act. Such health facility | 13 | | plans shall be coordinated by the Board
with pertinent State | 14 | | Plans. Inventories pursuant to this Section of skilled or | 15 | | intermediate care facilities licensed under the Nursing Home | 16 | | Care Act, skilled or intermediate care facilities licensed | 17 | | under the ID/DD Community Care Act, skilled or intermediate | 18 | | care facilities licensed under the MC/DD Act, facilities | 19 | | licensed under the Specialized Mental Health Rehabilitation | 20 | | Act of 2013, or nursing homes licensed under the Hospital | 21 | | Licensing Act shall be conducted on an annual basis no later | 22 | | than July 1 of each year and shall include among the | 23 | | information requested a list of all services provided by a | 24 | | facility to its residents and to the community at large and | 25 | | differentiate between active and inactive beds.
| 26 | | In developing health care facility plans, the State Board |
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| 1 | | shall consider,
but shall not be limited to, the following:
| 2 | | (a) The size, composition and growth of the population | 3 | | of the area
to be served;
| 4 | | (b) The number of existing and planned facilities | 5 | | offering similar
programs;
| 6 | | (c) The extent of utilization of existing facilities;
| 7 | | (d) The availability of facilities which may serve as | 8 | | alternatives
or substitutes;
| 9 | | (e) The availability of personnel necessary to the | 10 | | operation of the
facility;
| 11 | | (f) Multi-institutional planning and the establishment | 12 | | of
multi-institutional systems where feasible;
| 13 | | (g) The financial and economic feasibility of proposed | 14 | | construction
or modification; and
| 15 | | (h) In the case of health care facilities established | 16 | | by a religious
body or denomination, the needs of the | 17 | | members of such religious body or
denomination may be | 18 | | considered to be public need.
| 19 | | The health care facility plans which are developed and | 20 | | adopted in
accordance with this Section shall form the basis | 21 | | for the plan of the State
to deal most effectively with | 22 | | statewide health needs in regard to health
care facilities.
| 23 | | (5) Coordinate with other state agencies having | 24 | | responsibilities
affecting health care facilities, including | 25 | | those of licensure and cost
reporting.
| 26 | | (6) Solicit, accept, hold and administer on behalf of the |
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| 1 | | State
any grants or bequests of money, securities or property | 2 | | for
use by the State Board in the administration of this Act; | 3 | | and enter into contracts
consistent with the appropriations | 4 | | for purposes enumerated in this Act.
| 5 | | (7) (Blank).
| 6 | | (8) Prescribe rules, regulations,
standards, and criteria | 7 | | for the conduct of an expeditious review of
applications
for | 8 | | permits for projects of construction or modification of a | 9 | | health care
facility, which projects are classified as | 10 | | emergency, substantive, or non-substantive in nature. | 11 | | Substantive projects shall include no more than the | 12 | | following: | 13 | | (a) Projects to construct (1) a new or replacement | 14 | | facility located on a new site or
(2) a replacement | 15 | | facility located on the same site as the original facility | 16 | | and the cost of the replacement facility exceeds the | 17 | | capital expenditure minimum, which shall be reviewed by | 18 | | the Board within 120 days; | 19 | | (b) Projects proposing a
(1) new service within an | 20 | | existing healthcare facility or
(2) discontinuation of a | 21 | | service within an existing healthcare facility, which | 22 | | shall be reviewed by the Board within 60 days; or | 23 | | (c) Projects proposing a change in the bed capacity of | 24 | | a health care facility by an increase in the total number | 25 | | of beds or by a redistribution of beds among various | 26 | | categories of service or by a relocation of beds from one |
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| 1 | | physical facility or site to another by more than 20 beds | 2 | | or more than 10% of total bed capacity, as defined by the | 3 | | State Board, whichever is less, over a 2-year period. | 4 | | The Chairman may approve applications for exemption that | 5 | | meet the criteria set forth in rules or refer them to the full | 6 | | Board. The Chairman may approve any unopposed application that | 7 | | meets all of the review criteria or refer them to the full | 8 | | Board. | 9 | | Such rules shall
not prevent the conduct of a public | 10 | | hearing upon the timely request
of an interested party. Such | 11 | | reviews shall not exceed 60 days from the
date the application | 12 | | is declared to be complete.
| 13 | | (9) Prescribe rules, regulations,
standards, and criteria | 14 | | pertaining to the granting of permits for
construction
and | 15 | | modifications which are emergent in nature and must be | 16 | | undertaken
immediately to prevent or correct structural | 17 | | deficiencies or hazardous
conditions that may harm or injure | 18 | | persons using the facility, as defined
in the rules and | 19 | | regulations of the State Board. This procedure is exempt
from | 20 | | public hearing requirements of this Act.
| 21 | | (10) Prescribe rules,
regulations, standards and criteria | 22 | | for the conduct of an expeditious
review, not exceeding 60 | 23 | | days, of applications for permits for projects to
construct or | 24 | | modify health care facilities which are needed for the care
| 25 | | and treatment of persons who have acquired immunodeficiency | 26 | | syndrome (AIDS)
or related conditions.
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| 1 | | (10.5) Provide its rationale when voting on an item before | 2 | | it at a State Board meeting in order to comply with subsection | 3 | | (b) of Section 3-108 of the Code of Civil Procedure. | 4 | | (11) Issue written decisions upon request of the applicant | 5 | | or an adversely affected party to the Board. Requests for a | 6 | | written decision shall be made within 15 days after the Board | 7 | | meeting in which a final decision has been made. A "final | 8 | | decision" for purposes of this Act is the decision to approve | 9 | | or deny an application, or take other actions permitted under | 10 | | this Act, at the time and date of the meeting that such action | 11 | | is scheduled by the Board. The transcript of the State Board | 12 | | meeting shall be incorporated into the Board's final decision. | 13 | | The staff of the Board shall prepare a written copy of the | 14 | | final decision and the Board shall approve a final copy for | 15 | | inclusion in the formal record. The Board shall consider, for | 16 | | approval, the written draft of the final decision no later | 17 | | than the next scheduled Board meeting. The written decision | 18 | | shall identify the applicable criteria and factors listed in | 19 | | this Act and the Board's regulations that were taken into | 20 | | consideration by the Board when coming to a final decision. If | 21 | | the Board denies or fails to approve an application for permit | 22 | | or exemption, the Board shall include in the final decision a | 23 | | detailed explanation as to why the application was denied and | 24 | | identify what specific criteria or standards the applicant did | 25 | | not fulfill. | 26 | | (12) (Blank). |
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| 1 | | (13) Provide a mechanism for the public to comment on, and | 2 | | request changes to, draft rules and standards. | 3 | | (14) Implement public information campaigns to regularly | 4 | | inform the general public about the opportunity for public | 5 | | hearings and public hearing procedures. | 6 | | (15) Establish a separate set of rules and guidelines for | 7 | | long-term care that recognizes that nursing homes are a | 8 | | different business line and service model from other regulated | 9 | | facilities. An open and transparent process shall be developed | 10 | | that considers the following: how skilled nursing fits in the | 11 | | continuum of care with other care providers, modernization of | 12 | | nursing homes, establishment of more private rooms, | 13 | | development of alternative services, and current trends in | 14 | | long-term care services.
The Chairman of the Board shall | 15 | | appoint a permanent Health Services Review Board Long-term | 16 | | Care Facility Advisory Subcommittee that shall develop and | 17 | | recommend to the Board the rules to be established by the Board | 18 | | under this paragraph (15). The Subcommittee shall also provide | 19 | | continuous review and commentary on policies and procedures | 20 | | relative to long-term care and the review of related projects. | 21 | | The Subcommittee shall make recommendations to the Board no | 22 | | later than January 1, 2016 and every January thereafter | 23 | | pursuant to the Subcommittee's responsibility for the | 24 | | continuous review and commentary on policies and procedures | 25 | | relative to long-term care. In consultation with other experts | 26 | | from the health field of long-term care, the Board and the |
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| 1 | | Subcommittee shall study new approaches to the current bed | 2 | | need formula and Health Service Area boundaries to encourage | 3 | | flexibility and innovation in design models reflective of the | 4 | | changing long-term care marketplace and consumer preferences | 5 | | and submit its recommendations to the Chairman of the Board no | 6 | | later than January 1, 2017. The Subcommittee shall evaluate, | 7 | | and make recommendations to the State Board regarding, the | 8 | | buying, selling, and exchange of beds between long-term care | 9 | | facilities within a specified geographic area or drive time. | 10 | | The Board shall file the proposed related administrative rules | 11 | | for the separate rules and guidelines for long-term care | 12 | | required by this paragraph (15) by no later than September 30, | 13 | | 2011. The Subcommittee shall be provided a reasonable and | 14 | | timely opportunity to review and comment on any review, | 15 | | revision, or updating of the criteria, standards, procedures, | 16 | | and rules used to evaluate project applications as provided | 17 | | under Section 12.3 of this Act. | 18 | | The Chairman of the Board shall appoint voting members of | 19 | | the Subcommittee, who shall serve for a period of 3 years, with | 20 | | one-third of the terms expiring each January, to be determined | 21 | | by lot. Appointees shall include, but not be limited to, | 22 | | recommendations from each of the 3 statewide long-term care | 23 | | associations, with an equal number to be appointed from each. | 24 | | Compliance with this provision shall be through the | 25 | | appointment and reappointment process. All appointees serving | 26 | | as of April 1, 2015 shall serve to the end of their term as |
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| 1 | | determined by lot or until the appointee voluntarily resigns, | 2 | | whichever is earlier. | 3 | | One representative from the Department of Public Health, | 4 | | the Department of Healthcare and Family Services, the | 5 | | Department on Aging, and the Department of Human Services may | 6 | | each serve as an ex-officio non-voting member of the | 7 | | Subcommittee. The Chairman of the Board shall select a | 8 | | Subcommittee Chair, who shall serve for a period of 3 years. | 9 | | (16) Prescribe the format of the State Board Staff Report. | 10 | | A State Board Staff Report shall pertain to applications that | 11 | | include, but are not limited to, applications for permit or | 12 | | exemption, applications for permit renewal, applications for | 13 | | extension of the financial commitment period, applications | 14 | | requesting a declaratory ruling, or applications under the | 15 | | Health Care Worker Self-Referral Act. State Board Staff | 16 | | Reports shall compare applications to the relevant review | 17 | | criteria under the Board's rules. | 18 | | (17) Establish a separate set of rules and guidelines for | 19 | | facilities licensed under the Specialized Mental Health | 20 | | Rehabilitation Act of 2013. An application for the | 21 | | re-establishment of a facility in connection with the | 22 | | relocation of the facility shall not be granted unless the | 23 | | applicant has a contractual relationship with at least one | 24 | | hospital to provide emergency and inpatient mental health | 25 | | services required by facility consumers, and at least one | 26 | | community mental health agency to provide oversight and |
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| 1 | | assistance to facility consumers while living in the facility, | 2 | | and appropriate services, including case management, to assist | 3 | | them to prepare for discharge and reside stably in the | 4 | | community thereafter. No new facilities licensed under the | 5 | | Specialized Mental Health Rehabilitation Act of 2013 shall be | 6 | | established after June 16, 2014 (the effective date of Public | 7 | | Act 98-651) except in connection with the relocation of an | 8 | | existing facility to a new location. An application for a new | 9 | | location shall not be approved unless there are adequate | 10 | | community services accessible to the consumers within a | 11 | | reasonable distance, or by use of public transportation, so as | 12 | | to facilitate the goal of achieving maximum individual | 13 | | self-care and independence. At no time shall the total number | 14 | | of authorized beds under this Act in facilities licensed under | 15 | | the Specialized Mental Health Rehabilitation Act of 2013 | 16 | | exceed the number of authorized beds on June 16, 2014 (the | 17 | | effective date of Public Act 98-651). | 18 | | (18) Elect a Vice Chairman to preside over State Board | 19 | | meetings and otherwise act in place of the Chairman when the | 20 | | Chairman is unavailable. | 21 | | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; | 22 | | 101-83, eff. 7-15-19.)
| 23 | | (20 ILCS 3960/12.2)
| 24 | | (Section scheduled to be repealed on December 31, 2029)
| 25 | | Sec. 12.2. Powers of the State Board staff. For purposes |
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| 1 | | of this Act,
the staff shall exercise the following powers and | 2 | | duties:
| 3 | | (1) Review applications for permits and exemptions in | 4 | | accordance with the
standards, criteria, and plans of need | 5 | | established by the State Board under
this Act and certify | 6 | | its finding to the State Board.
| 7 | | (1.5) Post the following on the Board's web site: | 8 | | relevant (i)
rules,
(ii)
standards, (iii)
criteria, (iv) | 9 | | State norms, (v) references used by Board staff in making
| 10 | | determinations about whether application criteria are met, | 11 | | and (vi) notices of
project-related filings, including | 12 | | notice of public comments related to the
application.
| 13 | | (2) Charge and collect an amount determined by the | 14 | | State Board and the staff to be
reasonable fees for the | 15 | | processing of applications by the State Board.
The State | 16 | | Board shall set the amounts by rule. Application fees for | 17 | | continuing care retirement communities, and other health | 18 | | care models that include regulated and unregulated | 19 | | components, shall apply only to those components subject | 20 | | to regulation under this Act. All fees and fines
collected | 21 | | under the provisions of this Act shall be deposited
into | 22 | | the Illinois Health Facilities Planning Fund to be used | 23 | | for the
expenses of administering this Act.
| 24 | | (2.1) Publish the following reports on the State Board | 25 | | website: | 26 | | (A) An annual accounting, aggregated by category |
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| 1 | | and with names of parties redacted, of fees, fines, | 2 | | and other revenue collected as well as expenses | 3 | | incurred, in the administration of this Act. | 4 | | (B) An annual report, with names of the parties | 5 | | redacted, that summarizes all settlement agreements | 6 | | entered into with the State Board that resolve an | 7 | | alleged instance of noncompliance with State Board | 8 | | requirements under this Act. | 9 | | (C) (Blank). | 10 | | (D) Board reports showing the degree to which an | 11 | | application conforms to the review standards, a | 12 | | summation of relevant public testimony, and any | 13 | | additional information that staff wants to | 14 | | communicate. | 15 | | (3) Coordinate with other State agencies having | 16 | | responsibilities
affecting
health care facilities, | 17 | | including licensure and cost reporting agencies.
| 18 | | (4) Issue advisory opinions upon request. Staff | 19 | | advisory opinions do not constitute determinations by the | 20 | | State Board. Determinations by the State Board are made | 21 | | through the declaratory ruling process. | 22 | | (Source: P.A. 100-681, eff. 8-3-18; 101-83, eff. 7-15-19.)
| 23 | | (20 ILCS 3960/8.7 rep.) | 24 | | Section 10. The Illinois Health Facilities Planning Act is | 25 | | amended by repealing Section 8.7.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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