Full Text of HB5069 100th General Assembly
HB5069enr 100TH GENERAL ASSEMBLY |
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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 Illinois Health Facilities Planning Act is | 5 | | amended by changing Sections 3 and 13 as follows:
| 6 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| 7 | | (Text of Section before amendment by P.A. 100-518 )
| 8 | | (Section scheduled to be repealed on December 31, 2019) | 9 | | Sec. 3. Definitions. As used in this Act:
| 10 | | "Health care facilities" means and includes
the following | 11 | | facilities, organizations, and related persons:
| 12 | | (1) An ambulatory surgical treatment center required | 13 | | to be licensed
pursuant to the Ambulatory Surgical | 14 | | Treatment Center Act.
| 15 | | (2) An institution, place, building, or agency | 16 | | required to be licensed
pursuant to the Hospital Licensing | 17 | | Act.
| 18 | | (3) Skilled and intermediate long term care facilities | 19 | | licensed under the
Nursing
Home Care Act. | 20 | | (A) If a demonstration project under the Nursing | 21 | | Home Care Act applies for a certificate of need to | 22 | | convert to a nursing facility, it shall meet the | 23 | | licensure and certificate of need requirements in |
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| 1 | | effect as of the date of application. | 2 | | (B) Except as provided in item (A) of this | 3 | | subsection, this Act does not apply to facilities | 4 | | granted waivers under Section 3-102.2 of the Nursing | 5 | | Home Care Act.
| 6 | | (3.5) Skilled and intermediate care facilities | 7 | | licensed under the ID/DD Community Care Act or the MC/DD | 8 | | Act. No permit or exemption is required for a facility | 9 | | licensed under the ID/DD Community Care Act or the MC/DD | 10 | | Act prior to the reduction of the number of beds at a | 11 | | facility. If there is a total reduction of beds at a | 12 | | facility licensed under the ID/DD Community Care Act or the | 13 | | MC/DD Act, this is a discontinuation or closure of the | 14 | | facility. If a facility licensed under the ID/DD Community | 15 | | Care Act or the MC/DD Act reduces the number of beds or | 16 | | discontinues the facility, that facility must notify the | 17 | | Board as provided in Section 14.1 of this Act. | 18 | | (3.7) Facilities licensed under the Specialized Mental | 19 | | Health Rehabilitation Act of 2013. | 20 | | (4) Hospitals, nursing homes, ambulatory surgical | 21 | | treatment centers, or
kidney disease treatment centers
| 22 | | maintained by the State or any department or agency | 23 | | thereof.
| 24 | | (5) Kidney disease treatment centers, including a | 25 | | free-standing
hemodialysis unit required to meet the | 26 | | requirements of 42 CFR 494 in order to be certified for |
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| 1 | | participation in Medicare and Medicaid under Titles XVIII | 2 | | and XIX of the federal Social Security Act be licensed | 3 | | under the End Stage Renal Disease Facility Act .
| 4 | | (A) This Act does not apply to a dialysis facility | 5 | | that provides only dialysis training, support, and | 6 | | related services to individuals with end stage renal | 7 | | disease who have elected to receive home dialysis. | 8 | | (B) This Act does not apply to a dialysis unit | 9 | | located in a licensed nursing home that offers or | 10 | | provides dialysis-related services to residents with | 11 | | end stage renal disease who have elected to receive | 12 | | home dialysis within the nursing home. | 13 | | (C) The Board, however, may require dialysis | 14 | | facilities and licensed nursing homes under items (A) | 15 | | and (B) of this subsection to report statistical | 16 | | information on a quarterly basis to the Board to be | 17 | | used by the Board to conduct analyses on the need for | 18 | | proposed kidney disease treatment centers. | 19 | | (6) An institution, place, building, or room used for | 20 | | the performance of
outpatient surgical procedures that is | 21 | | leased, owned, or operated by or on
behalf of an | 22 | | out-of-state facility.
| 23 | | (7) An institution, place, building, or room used for | 24 | | provision of a health care category of service, including, | 25 | | but not limited to, cardiac catheterization and open heart | 26 | | surgery. |
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| 1 | | (8) An institution, place, building, or room housing | 2 | | major medical equipment used in the direct clinical | 3 | | diagnosis or treatment of patients, and whose project cost | 4 | | is in excess of the capital expenditure minimum. | 5 | | "Health care facilities" does not include the following | 6 | | entities or facility transactions: | 7 | | (1) Federally-owned facilities. | 8 | | (2) Facilities used solely for healing by prayer or | 9 | | spiritual means. | 10 | | (3) An existing facility located on any campus facility | 11 | | as defined in Section 5-5.8b of the Illinois Public Aid | 12 | | Code, provided that the campus facility encompasses 30 or | 13 | | more contiguous acres and that the new or renovated | 14 | | facility is intended for use by a licensed residential | 15 | | facility. | 16 | | (4) Facilities licensed under the Supportive | 17 | | Residences Licensing Act or the Assisted Living and Shared | 18 | | Housing Act. | 19 | | (5) Facilities designated as supportive living | 20 | | facilities that are in good standing with the program | 21 | | established under Section 5-5.01a of the Illinois Public | 22 | | Aid Code. | 23 | | (6) Facilities established and operating under the | 24 | | Alternative Health Care Delivery Act as a children's | 25 | | community-based health care center alternative health care | 26 | | model demonstration program or as an Alzheimer's Disease |
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| 1 | | Management Center alternative health care model | 2 | | demonstration program. | 3 | | (7) The closure of an entity or a portion of an entity | 4 | | licensed under the Nursing Home Care Act, the Specialized | 5 | | Mental Health Rehabilitation Act of 2013, the ID/DD | 6 | | Community Care Act, or the MC/DD Act, with the exception of | 7 | | facilities operated by a county or Illinois Veterans Homes, | 8 | | that elect to convert, in whole or in part, to an assisted | 9 | | living or shared housing establishment licensed under the | 10 | | Assisted Living and Shared Housing Act and with the | 11 | | exception of a facility licensed under the Specialized | 12 | | Mental Health Rehabilitation Act of 2013 in connection with | 13 | | a proposal to close a facility and re-establish the | 14 | | facility in another location. | 15 | | (8) Any change of ownership of a health care facility | 16 | | that is licensed under the Nursing Home Care Act, the | 17 | | Specialized Mental Health Rehabilitation Act of 2013, the | 18 | | ID/DD Community Care Act, or the MC/DD Act, with the | 19 | | exception of facilities operated by a county or Illinois | 20 | | Veterans Homes. Changes of ownership of facilities | 21 | | licensed under the Nursing Home Care Act must meet the | 22 | | requirements set forth in Sections 3-101 through 3-119 of | 23 | | the Nursing Home Care Act.
| 24 | | With the exception of those health care facilities | 25 | | specifically
included in this Section, nothing in this Act | 26 | | shall be intended to
include facilities operated as a part of |
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| 1 | | the practice of a physician or
other licensed health care | 2 | | professional, whether practicing in his
individual capacity or | 3 | | within the legal structure of any partnership,
medical or | 4 | | professional corporation, or unincorporated medical or
| 5 | | professional group. Further, this Act shall not apply to | 6 | | physicians or
other licensed health care professional's | 7 | | practices where such practices
are carried out in a portion of | 8 | | a health care facility under contract
with such health care | 9 | | facility by a physician or by other licensed
health care | 10 | | professionals, whether practicing in his individual capacity
| 11 | | or within the legal structure of any partnership, medical or
| 12 | | professional corporation, or unincorporated medical or | 13 | | professional
groups, unless the entity constructs, modifies, | 14 | | or establishes a health care facility as specifically defined | 15 | | in this Section. This Act shall apply to construction or
| 16 | | modification and to establishment by such health care facility | 17 | | of such
contracted portion which is subject to facility | 18 | | licensing requirements,
irrespective of the party responsible | 19 | | for such action or attendant
financial obligation.
| 20 | | "Person" means any one or more natural persons, legal | 21 | | entities,
governmental bodies other than federal, or any | 22 | | combination thereof.
| 23 | | "Consumer" means any person other than a person (a) whose | 24 | | major
occupation currently involves or whose official capacity | 25 | | within the last
12 months has involved the providing, | 26 | | administering or financing of any
type of health care facility, |
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| 1 | | (b) who is engaged in health research or
the teaching of | 2 | | health, (c) who has a material financial interest in any
| 3 | | activity which involves the providing, administering or | 4 | | financing of any
type of health care facility, or (d) who is or | 5 | | ever has been a member of
the immediate family of the person | 6 | | defined by (a), (b), or (c).
| 7 | | "State Board" or "Board" means the Health Facilities and | 8 | | Services Review Board.
| 9 | | "Construction or modification" means the establishment, | 10 | | erection,
building, alteration, reconstruction, modernization, | 11 | | improvement,
extension, discontinuation, change of ownership, | 12 | | of or by a health care
facility, or the purchase or acquisition | 13 | | by or through a health care facility
of
equipment or service | 14 | | for diagnostic or therapeutic purposes or for
facility | 15 | | administration or operation, or any capital expenditure made by
| 16 | | or on behalf of a health care facility which
exceeds the | 17 | | capital expenditure minimum; however, any capital expenditure
| 18 | | made by or on behalf of a health care facility for (i) the | 19 | | construction or
modification of a facility licensed under the | 20 | | Assisted Living and Shared
Housing Act or (ii) a conversion | 21 | | project undertaken in accordance with Section 30 of the Older | 22 | | Adult Services Act shall be excluded from any obligations under | 23 | | this Act.
| 24 | | "Establish" means the construction of a health care | 25 | | facility or the
replacement of an existing facility on another | 26 | | site or the initiation of a category of service.
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| 1 | | "Major medical equipment" means medical equipment which is | 2 | | used for the
provision of medical and other health services and | 3 | | which costs in excess
of the capital expenditure minimum, | 4 | | except that such term does not include
medical equipment | 5 | | acquired
by or on behalf of a clinical laboratory to provide | 6 | | clinical laboratory
services if the clinical laboratory is | 7 | | independent of a physician's office
and a hospital and it has | 8 | | been determined under Title XVIII of the Social
Security Act to | 9 | | meet the requirements of paragraphs (10) and (11) of Section
| 10 | | 1861(s) of such Act. In determining whether medical equipment | 11 | | has a value
in excess of the capital expenditure minimum, the | 12 | | value of studies, surveys,
designs, plans, working drawings, | 13 | | specifications, and other activities
essential to the | 14 | | acquisition of such equipment shall be included.
| 15 | | "Capital Expenditure" means an expenditure: (A) made by or | 16 | | on behalf of
a health care facility (as such a facility is | 17 | | defined in this Act); and
(B) which under generally accepted | 18 | | accounting principles is not properly
chargeable as an expense | 19 | | of operation and maintenance, or is made to obtain
by lease or | 20 | | comparable arrangement any facility or part thereof or any
| 21 | | equipment for a facility or part; and which exceeds the capital | 22 | | expenditure
minimum.
| 23 | | For the purpose of this paragraph, the cost of any studies, | 24 | | surveys, designs,
plans, working drawings, specifications, and | 25 | | other activities essential
to the acquisition, improvement, | 26 | | expansion, or replacement of any plant
or equipment with |
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| 1 | | respect to which an expenditure is made shall be included
in | 2 | | determining if such expenditure exceeds the capital | 3 | | expenditures minimum.
Unless otherwise interdependent, or | 4 | | submitted as one project by the applicant, components of | 5 | | construction or modification undertaken by means of a single | 6 | | construction contract or financed through the issuance of a | 7 | | single debt instrument shall not be grouped together as one | 8 | | project. Donations of equipment
or facilities to a health care | 9 | | facility which if acquired directly by such
facility would be | 10 | | subject to review under this Act shall be considered capital
| 11 | | expenditures, and a transfer of equipment or facilities for | 12 | | less than fair
market value shall be considered a capital | 13 | | expenditure for purposes of this
Act if a transfer of the | 14 | | equipment or facilities at fair market value would
be subject | 15 | | to review.
| 16 | | "Capital expenditure minimum" means $11,500,000 for | 17 | | projects by hospital applicants, $6,500,000 for applicants for | 18 | | projects related to skilled and intermediate care long-term | 19 | | care facilities licensed under the Nursing Home Care Act, and | 20 | | $3,000,000 for projects by all other applicants, which shall be | 21 | | annually
adjusted to reflect the increase in construction costs | 22 | | due to inflation, for major medical equipment and for all other
| 23 | | capital expenditures.
| 24 | | "Non-clinical service area" means an area (i) for the | 25 | | benefit of the
patients, visitors, staff, or employees of a | 26 | | health care facility and (ii) not
directly related to the |
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| 1 | | diagnosis, treatment, or rehabilitation of persons
receiving | 2 | | services from the health care facility. "Non-clinical service | 3 | | areas"
include, but are not limited to, chapels; gift shops; | 4 | | news stands; computer
systems; tunnels, walkways, and | 5 | | elevators; telephone systems; projects to
comply with life | 6 | | safety codes; educational facilities; student housing;
| 7 | | patient, employee, staff, and visitor dining areas; | 8 | | administration and
volunteer offices; modernization of | 9 | | structural components (such as roof
replacement and masonry | 10 | | work); boiler repair or replacement; vehicle
maintenance and | 11 | | storage facilities; parking facilities; mechanical systems for
| 12 | | heating, ventilation, and air conditioning; loading docks; and | 13 | | repair or
replacement of carpeting, tile, wall coverings, | 14 | | window coverings or treatments,
or furniture. Solely for the | 15 | | purpose of this definition, "non-clinical service
area" does | 16 | | not include health and fitness centers.
| 17 | | "Areawide" means a major area of the State delineated on a
| 18 | | geographic, demographic, and functional basis for health | 19 | | planning and
for health service and having within it one or | 20 | | more local areas for
health planning and health service. The | 21 | | term "region", as contrasted
with the term "subregion", and the | 22 | | word "area" may be used synonymously
with the term "areawide".
| 23 | | "Local" means a subarea of a delineated major area that on | 24 | | a
geographic, demographic, and functional basis may be | 25 | | considered to be
part of such major area. The term "subregion" | 26 | | may be used synonymously
with the term "local".
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| 1 | | "Physician" means a person licensed to practice in | 2 | | accordance with
the Medical Practice Act of 1987, as amended.
| 3 | | "Licensed health care professional" means a person | 4 | | licensed to
practice a health profession under pertinent | 5 | | licensing statutes of the
State of Illinois.
| 6 | | "Director" means the Director of the Illinois Department of | 7 | | Public Health.
| 8 | | "Agency" or "Department" means the Illinois Department of | 9 | | Public Health.
| 10 | | "Alternative health care model" means a facility or program | 11 | | authorized
under the Alternative Health Care Delivery Act.
| 12 | | "Out-of-state facility" means a person that is both (i) | 13 | | licensed as a
hospital or as an ambulatory surgery center under | 14 | | the laws of another state
or that
qualifies as a hospital or an | 15 | | ambulatory surgery center under regulations
adopted pursuant | 16 | | to the Social Security Act and (ii) not licensed under the
| 17 | | Ambulatory Surgical Treatment Center Act, the Hospital | 18 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of | 19 | | out-of-state facilities shall be
considered out-of-state | 20 | | facilities. Affiliates of Illinois licensed health
care | 21 | | facilities 100% owned by an Illinois licensed health care | 22 | | facility, its
parent, or Illinois physicians licensed to | 23 | | practice medicine in all its
branches shall not be considered | 24 | | out-of-state facilities. Nothing in
this definition shall be
| 25 | | construed to include an office or any part of an office of a | 26 | | physician licensed
to practice medicine in all its branches in |
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| 1 | | Illinois that is not required to be
licensed under the | 2 | | Ambulatory Surgical Treatment Center Act.
| 3 | | "Change of ownership of a health care facility" means a | 4 | | change in the
person
who has ownership or
control of a health | 5 | | care facility's physical plant and capital assets. A change
in | 6 | | ownership is indicated by
the following transactions: sale, | 7 | | transfer, acquisition, lease, change of
sponsorship, or other | 8 | | means of
transferring control.
| 9 | | "Related person" means any person that: (i) is at least 50% | 10 | | owned, directly
or indirectly, by
either the health care | 11 | | facility or a person owning, directly or indirectly, at
least | 12 | | 50% of the health
care facility; or (ii) owns, directly or | 13 | | indirectly, at least 50% of the
health care facility.
| 14 | | "Charity care" means care provided by a health care | 15 | | facility for which the provider does not expect to receive | 16 | | payment from the patient or a third-party payer. | 17 | | "Freestanding emergency center" means a facility subject | 18 | | to licensure under Section 32.5 of the Emergency Medical | 19 | | Services (EMS) Systems Act. | 20 | | "Category of service" means a grouping by generic class of | 21 | | various types or levels of support functions, equipment, care, | 22 | | or treatment provided to patients or residents, including, but | 23 | | not limited to, classes such as medical-surgical, pediatrics, | 24 | | or cardiac catheterization. A category of service may include | 25 | | subcategories or levels of care that identify a particular | 26 | | degree or type of care within the category of service. Nothing |
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| 1 | | in this definition shall be construed to include the practice | 2 | | of a physician or other licensed health care professional while | 3 | | functioning in an office providing for the care, diagnosis, or | 4 | | treatment of patients. A category of service that is subject to | 5 | | the Board's jurisdiction must be designated in rules adopted by | 6 | | the Board. | 7 | | "State Board Staff Report" means the document that sets | 8 | | forth the review and findings of the State Board staff, as | 9 | | prescribed by the State Board, regarding applications subject | 10 | | to Board jurisdiction. | 11 | | (Source: P.A. 98-414, eff. 1-1-14; 98-629, eff. 1-1-15; 98-651, | 12 | | eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. 7-20-15; | 13 | | 99-180, eff. 7-29-15; 99-527, eff. 1-1-17 .) | 14 | | (Text of Section after amendment by P.A. 100-518 )
| 15 | | (Section scheduled to be repealed on December 31, 2019) | 16 | | Sec. 3. Definitions. As used in this Act:
| 17 | | "Health care facilities" means and includes
the following | 18 | | facilities, organizations, and related persons:
| 19 | | (1) An ambulatory surgical treatment center required | 20 | | to be licensed
pursuant to the Ambulatory Surgical | 21 | | Treatment Center Act.
| 22 | | (2) An institution, place, building, or agency | 23 | | required to be licensed
pursuant to the Hospital Licensing | 24 | | Act.
| 25 | | (3) Skilled and intermediate long term care facilities |
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| 1 | | licensed under the
Nursing
Home Care Act. | 2 | | (A) If a demonstration project under the Nursing | 3 | | Home Care Act applies for a certificate of need to | 4 | | convert to a nursing facility, it shall meet the | 5 | | licensure and certificate of need requirements in | 6 | | effect as of the date of application. | 7 | | (B) Except as provided in item (A) of this | 8 | | subsection, this Act does not apply to facilities | 9 | | granted waivers under Section 3-102.2 of the Nursing | 10 | | Home Care Act.
| 11 | | (3.5) Skilled and intermediate care facilities | 12 | | licensed under the ID/DD Community Care Act or the MC/DD | 13 | | Act. No permit or exemption is required for a facility | 14 | | licensed under the ID/DD Community Care Act or the MC/DD | 15 | | Act prior to the reduction of the number of beds at a | 16 | | facility. If there is a total reduction of beds at a | 17 | | facility licensed under the ID/DD Community Care Act or the | 18 | | MC/DD Act, this is a discontinuation or closure of the | 19 | | facility. If a facility licensed under the ID/DD Community | 20 | | Care Act or the MC/DD Act reduces the number of beds or | 21 | | discontinues the facility, that facility must notify the | 22 | | Board as provided in Section 14.1 of this Act. | 23 | | (3.7) Facilities licensed under the Specialized Mental | 24 | | Health Rehabilitation Act of 2013. | 25 | | (4) Hospitals, nursing homes, ambulatory surgical | 26 | | treatment centers, or
kidney disease treatment centers
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| 1 | | maintained by the State or any department or agency | 2 | | thereof.
| 3 | | (5) Kidney disease treatment centers, including a | 4 | | free-standing
hemodialysis unit required to meet the | 5 | | requirements of 42 CFR 494 in order to be certified for | 6 | | participation in Medicare and Medicaid under Titles XVIII | 7 | | and XIX of the federal Social Security Act be licensed | 8 | | under the End Stage Renal Disease Facility Act .
| 9 | | (A) This Act does not apply to a dialysis facility | 10 | | that provides only dialysis training, support, and | 11 | | related services to individuals with end stage renal | 12 | | disease who have elected to receive home dialysis. | 13 | | (B) This Act does not apply to a dialysis unit | 14 | | located in a licensed nursing home that offers or | 15 | | provides dialysis-related services to residents with | 16 | | end stage renal disease who have elected to receive | 17 | | home dialysis within the nursing home. | 18 | | (C) The Board, however, may require dialysis | 19 | | facilities and licensed nursing homes under items (A) | 20 | | and (B) of this subsection to report statistical | 21 | | information on a quarterly basis to the Board to be | 22 | | used by the Board to conduct analyses on the need for | 23 | | proposed kidney disease treatment centers. | 24 | | (6) An institution, place, building, or room used for | 25 | | the performance of
outpatient surgical procedures that is | 26 | | leased, owned, or operated by or on
behalf of an |
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| 1 | | out-of-state facility.
| 2 | | (7) An institution, place, building, or room used for | 3 | | provision of a health care category of service, including, | 4 | | but not limited to, cardiac catheterization and open heart | 5 | | surgery. | 6 | | (8) An institution, place, building, or room housing | 7 | | major medical equipment used in the direct clinical | 8 | | diagnosis or treatment of patients, and whose project cost | 9 | | is in excess of the capital expenditure minimum. | 10 | | "Health care facilities" does not include the following | 11 | | entities or facility transactions: | 12 | | (1) Federally-owned facilities. | 13 | | (2) Facilities used solely for healing by prayer or | 14 | | spiritual means. | 15 | | (3) An existing facility located on any campus facility | 16 | | as defined in Section 5-5.8b of the Illinois Public Aid | 17 | | Code, provided that the campus facility encompasses 30 or | 18 | | more contiguous acres and that the new or renovated | 19 | | facility is intended for use by a licensed residential | 20 | | facility. | 21 | | (4) Facilities licensed under the Supportive | 22 | | Residences Licensing Act or the Assisted Living and Shared | 23 | | Housing Act. | 24 | | (5) Facilities designated as supportive living | 25 | | facilities that are in good standing with the program | 26 | | established under Section 5-5.01a of the Illinois Public |
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| 1 | | Aid Code. | 2 | | (6) Facilities established and operating under the | 3 | | Alternative Health Care Delivery Act as a children's | 4 | | community-based health care center alternative health care | 5 | | model demonstration program or as an Alzheimer's Disease | 6 | | Management Center alternative health care model | 7 | | demonstration program. | 8 | | (7) The closure of an entity or a portion of an entity | 9 | | licensed under the Nursing Home Care Act, the Specialized | 10 | | Mental Health Rehabilitation Act of 2013, the ID/DD | 11 | | Community Care Act, or the MC/DD Act, with the exception of | 12 | | facilities operated by a county or Illinois Veterans Homes, | 13 | | that elect to convert, in whole or in part, to an assisted | 14 | | living or shared housing establishment licensed under the | 15 | | Assisted Living and Shared Housing Act and with the | 16 | | exception of a facility licensed under the Specialized | 17 | | Mental Health Rehabilitation Act of 2013 in connection with | 18 | | a proposal to close a facility and re-establish the | 19 | | facility in another location. | 20 | | (8) Any change of ownership of a health care facility | 21 | | that is licensed under the Nursing Home Care Act, the | 22 | | Specialized Mental Health Rehabilitation Act of 2013, the | 23 | | ID/DD Community Care Act, or the MC/DD Act, with the | 24 | | exception of facilities operated by a county or Illinois | 25 | | Veterans Homes. Changes of ownership of facilities | 26 | | licensed under the Nursing Home Care Act must meet the |
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| 1 | | requirements set forth in Sections 3-101 through 3-119 of | 2 | | the Nursing Home Care Act.
| 3 | | With the exception of those health care facilities | 4 | | specifically
included in this Section, nothing in this Act | 5 | | shall be intended to
include facilities operated as a part of | 6 | | the practice of a physician or
other licensed health care | 7 | | professional, whether practicing in his
individual capacity or | 8 | | within the legal structure of any partnership,
medical or | 9 | | professional corporation, or unincorporated medical or
| 10 | | professional group. Further, this Act shall not apply to | 11 | | physicians or
other licensed health care professional's | 12 | | practices where such practices
are carried out in a portion of | 13 | | a health care facility under contract
with such health care | 14 | | facility by a physician or by other licensed
health care | 15 | | professionals, whether practicing in his individual capacity
| 16 | | or within the legal structure of any partnership, medical or
| 17 | | professional corporation, or unincorporated medical or | 18 | | professional
groups, unless the entity constructs, modifies, | 19 | | or establishes a health care facility as specifically defined | 20 | | in this Section. This Act shall apply to construction or
| 21 | | modification and to establishment by such health care facility | 22 | | of such
contracted portion which is subject to facility | 23 | | licensing requirements,
irrespective of the party responsible | 24 | | for such action or attendant
financial obligation.
| 25 | | "Person" means any one or more natural persons, legal | 26 | | entities,
governmental bodies other than federal, or any |
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| 1 | | combination thereof.
| 2 | | "Consumer" means any person other than a person (a) whose | 3 | | major
occupation currently involves or whose official capacity | 4 | | within the last
12 months has involved the providing, | 5 | | administering or financing of any
type of health care facility, | 6 | | (b) who is engaged in health research or
the teaching of | 7 | | health, (c) who has a material financial interest in any
| 8 | | activity which involves the providing, administering or | 9 | | financing of any
type of health care facility, or (d) who is or | 10 | | ever has been a member of
the immediate family of the person | 11 | | defined by (a), (b), or (c).
| 12 | | "State Board" or "Board" means the Health Facilities and | 13 | | Services Review Board.
| 14 | | "Construction or modification" means the establishment, | 15 | | erection,
building, alteration, reconstruction, modernization, | 16 | | improvement,
extension, discontinuation, change of ownership, | 17 | | of or by a health care
facility, or the purchase or acquisition | 18 | | by or through a health care facility
of
equipment or service | 19 | | for diagnostic or therapeutic purposes or for
facility | 20 | | administration or operation, or any capital expenditure made by
| 21 | | or on behalf of a health care facility which
exceeds the | 22 | | capital expenditure minimum; however, any capital expenditure
| 23 | | made by or on behalf of a health care facility for (i) the | 24 | | construction or
modification of a facility licensed under the | 25 | | Assisted Living and Shared
Housing Act or (ii) a conversion | 26 | | project undertaken in accordance with Section 30 of the Older |
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| 1 | | Adult Services Act shall be excluded from any obligations under | 2 | | this Act.
| 3 | | "Establish" means the construction of a health care | 4 | | facility or the
replacement of an existing facility on another | 5 | | site or the initiation of a category of service.
| 6 | | "Major medical equipment" means medical equipment which is | 7 | | used for the
provision of medical and other health services and | 8 | | which costs in excess
of the capital expenditure minimum, | 9 | | except that such term does not include
medical equipment | 10 | | acquired
by or on behalf of a clinical laboratory to provide | 11 | | clinical laboratory
services if the clinical laboratory is | 12 | | independent of a physician's office
and a hospital and it has | 13 | | been determined under Title XVIII of the Social
Security Act to | 14 | | meet the requirements of paragraphs (10) and (11) of Section
| 15 | | 1861(s) of such Act. In determining whether medical equipment | 16 | | has a value
in excess of the capital expenditure minimum, the | 17 | | value of studies, surveys,
designs, plans, working drawings, | 18 | | specifications, and other activities
essential to the | 19 | | acquisition of such equipment shall be included.
| 20 | | "Capital Expenditure" means an expenditure: (A) made by or | 21 | | on behalf of
a health care facility (as such a facility is | 22 | | defined in this Act); and
(B) which under generally accepted | 23 | | accounting principles is not properly
chargeable as an expense | 24 | | of operation and maintenance, or is made to obtain
by lease or | 25 | | comparable arrangement any facility or part thereof or any
| 26 | | equipment for a facility or part; and which exceeds the capital |
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| 1 | | expenditure
minimum.
| 2 | | For the purpose of this paragraph, the cost of any studies, | 3 | | surveys, designs,
plans, working drawings, specifications, and | 4 | | other activities essential
to the acquisition, improvement, | 5 | | expansion, or replacement of any plant
or equipment with | 6 | | respect to which an expenditure is made shall be included
in | 7 | | determining if such expenditure exceeds the capital | 8 | | expenditures minimum.
Unless otherwise interdependent, or | 9 | | submitted as one project by the applicant, components of | 10 | | construction or modification undertaken by means of a single | 11 | | construction contract or financed through the issuance of a | 12 | | single debt instrument shall not be grouped together as one | 13 | | project. Donations of equipment
or facilities to a health care | 14 | | facility which if acquired directly by such
facility would be | 15 | | subject to review under this Act shall be considered capital
| 16 | | expenditures, and a transfer of equipment or facilities for | 17 | | less than fair
market value shall be considered a capital | 18 | | expenditure for purposes of this
Act if a transfer of the | 19 | | equipment or facilities at fair market value would
be subject | 20 | | to review.
| 21 | | "Capital expenditure minimum" means $11,500,000 for | 22 | | projects by hospital applicants, $6,500,000 for applicants for | 23 | | projects related to skilled and intermediate care long-term | 24 | | care facilities licensed under the Nursing Home Care Act, and | 25 | | $3,000,000 for projects by all other applicants, which shall be | 26 | | annually
adjusted to reflect the increase in construction costs |
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| 1 | | due to inflation, for major medical equipment and for all other
| 2 | | capital expenditures.
| 3 | | "Financial Commitment" means the commitment of at least 33% | 4 | | of total funds assigned to cover total project cost, which | 5 | | occurs by the actual expenditure of 33% or more of the total | 6 | | project cost or the commitment to expend 33% or more of the | 7 | | total project cost by signed contracts or other legal means. | 8 | | "Non-clinical service area" means an area (i) for the | 9 | | benefit of the
patients, visitors, staff, or employees of a | 10 | | health care facility and (ii) not
directly related to the | 11 | | diagnosis, treatment, or rehabilitation of persons
receiving | 12 | | services from the health care facility. "Non-clinical service | 13 | | areas"
include, but are not limited to, chapels; gift shops; | 14 | | news stands; computer
systems; tunnels, walkways, and | 15 | | elevators; telephone systems; projects to
comply with life | 16 | | safety codes; educational facilities; student housing;
| 17 | | patient, employee, staff, and visitor dining areas; | 18 | | administration and
volunteer offices; modernization of | 19 | | structural components (such as roof
replacement and masonry | 20 | | work); boiler repair or replacement; vehicle
maintenance and | 21 | | storage facilities; parking facilities; mechanical systems for
| 22 | | heating, ventilation, and air conditioning; loading docks; and | 23 | | repair or
replacement of carpeting, tile, wall coverings, | 24 | | window coverings or treatments,
or furniture. Solely for the | 25 | | purpose of this definition, "non-clinical service
area" does | 26 | | not include health and fitness centers.
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| 1 | | "Areawide" means a major area of the State delineated on a
| 2 | | geographic, demographic, and functional basis for health | 3 | | planning and
for health service and having within it one or | 4 | | more local areas for
health planning and health service. The | 5 | | term "region", as contrasted
with the term "subregion", and the | 6 | | word "area" may be used synonymously
with the term "areawide".
| 7 | | "Local" means a subarea of a delineated major area that on | 8 | | a
geographic, demographic, and functional basis may be | 9 | | considered to be
part of such major area. The term "subregion" | 10 | | may be used synonymously
with the term "local".
| 11 | | "Physician" means a person licensed to practice in | 12 | | accordance with
the Medical Practice Act of 1987, as amended.
| 13 | | "Licensed health care professional" means a person | 14 | | licensed to
practice a health profession under pertinent | 15 | | licensing statutes of the
State of Illinois.
| 16 | | "Director" means the Director of the Illinois Department of | 17 | | Public Health.
| 18 | | "Agency" or "Department" means the Illinois Department of | 19 | | Public Health.
| 20 | | "Alternative health care model" means a facility or program | 21 | | authorized
under the Alternative Health Care Delivery Act.
| 22 | | "Out-of-state facility" means a person that is both (i) | 23 | | licensed as a
hospital or as an ambulatory surgery center under | 24 | | the laws of another state
or that
qualifies as a hospital or an | 25 | | ambulatory surgery center under regulations
adopted pursuant | 26 | | to the Social Security Act and (ii) not licensed under the
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| 1 | | Ambulatory Surgical Treatment Center Act, the Hospital | 2 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of | 3 | | out-of-state facilities shall be
considered out-of-state | 4 | | facilities. Affiliates of Illinois licensed health
care | 5 | | facilities 100% owned by an Illinois licensed health care | 6 | | facility, its
parent, or Illinois physicians licensed to | 7 | | practice medicine in all its
branches shall not be considered | 8 | | out-of-state facilities. Nothing in
this definition shall be
| 9 | | construed to include an office or any part of an office of a | 10 | | physician licensed
to practice medicine in all its branches in | 11 | | Illinois that is not required to be
licensed under the | 12 | | Ambulatory Surgical Treatment Center Act.
| 13 | | "Change of ownership of a health care facility" means a | 14 | | change in the
person
who has ownership or
control of a health | 15 | | care facility's physical plant and capital assets. A change
in | 16 | | ownership is indicated by
the following transactions: sale, | 17 | | transfer, acquisition, lease, change of
sponsorship, or other | 18 | | means of
transferring control.
| 19 | | "Related person" means any person that: (i) is at least 50% | 20 | | owned, directly
or indirectly, by
either the health care | 21 | | facility or a person owning, directly or indirectly, at
least | 22 | | 50% of the health
care facility; or (ii) owns, directly or | 23 | | indirectly, at least 50% of the
health care facility.
| 24 | | "Charity care" means care provided by a health care | 25 | | facility for which the provider does not expect to receive | 26 | | payment from the patient or a third-party payer. |
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| 1 | | "Freestanding emergency center" means a facility subject | 2 | | to licensure under Section 32.5 of the Emergency Medical | 3 | | Services (EMS) Systems Act. | 4 | | "Category of service" means a grouping by generic class of | 5 | | various types or levels of support functions, equipment, care, | 6 | | or treatment provided to patients or residents, including, but | 7 | | not limited to, classes such as medical-surgical, pediatrics, | 8 | | or cardiac catheterization. A category of service may include | 9 | | subcategories or levels of care that identify a particular | 10 | | degree or type of care within the category of service. Nothing | 11 | | in this definition shall be construed to include the practice | 12 | | of a physician or other licensed health care professional while | 13 | | functioning in an office providing for the care, diagnosis, or | 14 | | treatment of patients. A category of service that is subject to | 15 | | the Board's jurisdiction must be designated in rules adopted by | 16 | | the Board. | 17 | | "State Board Staff Report" means the document that sets | 18 | | forth the review and findings of the State Board staff, as | 19 | | prescribed by the State Board, regarding applications subject | 20 | | to Board jurisdiction. | 21 | | (Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15; | 22 | | 99-527, eff. 1-1-17; 100-518, eff. 6-1-18.)
| 23 | | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| 24 | | (Section scheduled to be repealed on December 31, 2019)
| 25 | | Sec. 13. Investigation of applications for permits and |
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| 1 | | certificates of
recognition. The State Board shall make or | 2 | | cause to be made
such investigations as it deems necessary in | 3 | | connection
with an application for a permit or an application | 4 | | for a certificate of
recognition, or in connection with a | 5 | | determination of whether or not
construction
or modification | 6 | | which has been commenced is in accord with the permit issued
by | 7 | | the State Board or whether construction or modification has | 8 | | been commenced
without a permit having been obtained. The State | 9 | | Board may issue subpoenas
duces tecum requiring the production | 10 | | of records and may administer oaths
to such witnesses.
| 11 | | Any circuit court of this State, upon the application of | 12 | | the State Board
or upon the application of any party to such | 13 | | proceedings, may, in its
discretion,
compel the attendance of | 14 | | witnesses, the production of books, papers, records,
or | 15 | | memoranda and the giving of testimony before the State Board, | 16 | | by a
proceeding
as for contempt, or otherwise, in the same | 17 | | manner as production of evidence
may be compelled before the | 18 | | court.
| 19 | | The State Board shall require all health facilities | 20 | | operating
in this State
to provide such reasonable reports at | 21 | | such times and containing such
information
as is needed by it | 22 | | to carry out the purposes and provisions of this Act.
Prior to | 23 | | collecting information from health facilities, the State Board
| 24 | | shall make reasonable efforts
through a public process to | 25 | | consult with health facilities and associations
that represent | 26 | | them to determine
whether data and information requests will |
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| 1 | | result in useful information for
health planning, whether
| 2 | | sufficient information is available from other sources, and | 3 | | whether data
requested is routinely collected
by health | 4 | | facilities and is available without retrospective record | 5 | | review. Data
and information requests
shall not impose undue | 6 | | paperwork burdens on health care facilities and
personnel.
| 7 | | Health facilities not complying with this requirement shall be | 8 | | reported
to licensing, accrediting, certifying, or payment | 9 | | agencies as being in
violation
of State law. Health care | 10 | | facilities and other parties at interest shall
have reasonable | 11 | | access, under rules established by the State Board, to all
| 12 | | planning information submitted in accord with this Act | 13 | | pertaining to their
area.
| 14 | | Among the reports to be required by the State Board are | 15 | | facility questionnaires for health care facilities licensed | 16 | | under the Ambulatory Surgical Treatment Center Act, the | 17 | | Hospital Licensing Act, the Nursing Home Care Act, the ID/DD | 18 | | Community Care Act, the MC/DD Act, or the Specialized Mental | 19 | | Health Rehabilitation Act of 2013 and health care facilities | 20 | | that are required to meet the requirements of 42 CFR 494 in | 21 | | order to be certified for participation in Medicare and | 22 | | Medicaid under Titles XVIII and XIX of the federal Social | 23 | | Security Act , or the End Stage Renal Disease Facility Act . | 24 | | These questionnaires shall be conducted on an annual basis and | 25 | | compiled by the State Board. For health care facilities | 26 | | licensed under the Nursing Home Care Act or the Specialized |
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| 1 | | Mental Health Rehabilitation Act of 2013, these reports shall | 2 | | include, but not be limited to, the identification of specialty | 3 | | services provided by the facility to patients, residents, and | 4 | | the community at large. Annual reports for facilities licensed | 5 | | under the ID/DD Community Care Act and facilities licensed | 6 | | under the MC/DD Act shall be different from the annual reports | 7 | | required of other health care facilities and shall be specific | 8 | | to those facilities licensed under the ID/DD Community Care Act | 9 | | or the MC/DD Act. The Health Facilities and Services Review | 10 | | Board shall consult with associations representing facilities | 11 | | licensed under the ID/DD Community Care Act and associations | 12 | | representing facilities licensed under the MC/DD Act when | 13 | | developing the information requested in these annual reports. | 14 | | For health care facilities that contain long term care beds, | 15 | | the reports shall also include the number of staffed long term | 16 | | care beds, physical capacity for long term care beds at the | 17 | | facility, and long term care beds available for immediate | 18 | | occupancy. For purposes of this paragraph, "long term care | 19 | | beds" means beds
(i) licensed under the Nursing Home Care Act, | 20 | | (ii) licensed under the ID/DD Community Care Act, (iii) | 21 | | licensed under the MC/DD Act, (iv) licensed under the Hospital | 22 | | Licensing Act, or (v) licensed under the Specialized Mental | 23 | | Health Rehabilitation Act of 2013 and certified as skilled | 24 | | nursing or nursing facility beds under Medicaid or Medicare.
| 25 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-180, eff. 7-29-15.)
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| 1 | | (30 ILCS 105/5.590 rep.) | 2 | | Section 10. The State Finance Act is amended by repealing | 3 | | Section 5.590. | 4 | | (210 ILCS 62/Act rep.) | 5 | | Section 15. The End Stage Renal Disease Facility Act is | 6 | | repealed. | 7 | | Section 20. The Alzheimer's Disease and Related Dementias | 8 | | Services Act is amended by changing Section 15 as follows: | 9 | | (410 ILCS 406/15)
| 10 | | (For Act repeal see Section 90) | 11 | | Sec. 15. Applicability. Programs covered by this Act | 12 | | include, but are not limited to, health care facilities | 13 | | licensed or certified by the Assisted Living and Shared Housing | 14 | | Act; Life Care Facilities Act; Nursing Home Care Act; | 15 | | Specialized Mental Health Rehabilitation Act of 2013; Home | 16 | | Health, Home Services, and Home Nursing Agency Licensing Act; | 17 | | and Hospice Program Licensing Act ; and End Stage Renal Disease | 18 | | Facility Act . This Act does not apply to physicians licensed to | 19 | | practice medicine in all its branches.
| 20 | | (Source: P.A. 99-822, eff. 8-15-16.)
| 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text |
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| 1 | | that is not yet or no longer in effect (for example, a Section | 2 | | represented by multiple versions), the use of that text does | 3 | | not accelerate or delay the taking effect of (i) the changes | 4 | | made by this Act or (ii) provisions derived from any other | 5 | | Public Act. | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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