Full Text of HB0625 95th General Assembly
HB0625enr 95TH GENERAL ASSEMBLY
|
|
|
HB0625 Enrolled |
|
LRB095 08825 HLH 29011 b |
|
| 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 3 and 14.1 as follows:
| 6 |
| (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| 7 |
| (Section scheduled to be repealed on April 1, 2007)
| 8 |
| Sec. 3. Definitions. As used in this Act:
| 9 |
| "Health care facilities" means and includes
the following | 10 |
| facilities and organizations:
| 11 |
| 1. An ambulatory surgical treatment center required to | 12 |
| be licensed
pursuant to the Ambulatory Surgical Treatment | 13 |
| Center Act;
| 14 |
| 2. An institution, place, building, or agency required | 15 |
| to be licensed
pursuant to the Hospital Licensing Act;
| 16 |
| 3. Skilled and intermediate long term care facilities | 17 |
| licensed under the
Nursing
Home Care Act;
| 18 |
| 3. Skilled and intermediate long term care facilities | 19 |
| licensed under the
Nursing
Home Care Act;
| 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;
|
|
|
|
HB0625 Enrolled |
- 2 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| 5. Kidney disease treatment centers, including a | 2 |
| free-standing
hemodialysis unit required to be licensed | 3 |
| under the End Stage Renal Disease Facility Act; and
| 4 |
| 6. An institution, place, building, or room used for | 5 |
| the performance of
outpatient surgical procedures that is | 6 |
| leased, owned, or operated by or on
behalf of an | 7 |
| out-of-state facility.
| 8 |
| No federally owned facility shall be subject to the | 9 |
| provisions of this
Act, nor facilities used solely for healing | 10 |
| by prayer or spiritual means.
| 11 |
| No facility licensed under the Supportive Residences | 12 |
| Licensing Act or the
Assisted Living and Shared Housing Act
| 13 |
| shall be subject to the provisions of this Act.
| 14 |
| A facility designated as a supportive living facility that | 15 |
| is in good
standing with the program
established under Section | 16 |
| 5-5.01a of
the Illinois Public Aid Code shall not be subject to | 17 |
| the provisions of this
Act.
| 18 |
| This Act does not apply to facilities granted waivers under | 19 |
| Section 3-102.2
of the Nursing Home Care Act. However, if a | 20 |
| demonstration project under that
Act applies for a certificate
| 21 |
| of need to convert to a nursing facility, it shall meet the | 22 |
| licensure and
certificate of need requirements in effect as of | 23 |
| the date of application. | 24 |
| This Act does not apply to a dialysis facility that | 25 |
| provides only dialysis training, support, and related services | 26 |
| to individuals with end stage renal disease who have elected to |
|
|
|
HB0625 Enrolled |
- 3 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| receive home dialysis. This Act does not apply to a dialysis | 2 |
| unit located in a licensed nursing home that offers or provides | 3 |
| dialysis-related services to residents with end stage renal | 4 |
| disease who have elected to receive home dialysis within the | 5 |
| nursing home. The Board, however, may require these dialysis | 6 |
| facilities and licensed nursing homes to report statistical | 7 |
| information on a quarterly basis to the Board to be used by the | 8 |
| Board to conduct analyses on the need for proposed kidney | 9 |
| disease treatment centers.
| 10 |
| This Act shall not apply to the closure of an entity or a | 11 |
| portion of an
entity licensed under the Nursing Home Care Act , | 12 |
| with the exceptions of facilities operated by a county or | 13 |
| Illinois Veterans Homes, that elects to convert, in
whole or in | 14 |
| part, to an assisted living or shared housing establishment
| 15 |
| licensed under the Assisted Living and Shared Housing Act.
| 16 |
| This Act does not apply to any change of ownership of a | 17 |
| healthcare facility that is licensed under the Nursing Home | 18 |
| Care Act, with the exceptions of facilities operated by a | 19 |
| county or Illinois Veterans Homes. Changes of ownership of | 20 |
| facilities licensed under the Nursing Home Care Act must meet | 21 |
| the requirements set forth in Sections 3-101 through 3-119 of | 22 |
| the Nursing Home Care Act.
| 23 |
| With the exception of those health care facilities | 24 |
| specifically
included in this Section, nothing in this Act | 25 |
| shall be intended to
include facilities operated as a part of | 26 |
| the practice of a physician or
other licensed health care |
|
|
|
HB0625 Enrolled |
- 4 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| professional, whether practicing in his
individual capacity or | 2 |
| within the legal structure of any partnership,
medical or | 3 |
| professional corporation, or unincorporated medical or
| 4 |
| professional group. Further, this Act shall not apply to | 5 |
| physicians or
other licensed health care professional's | 6 |
| practices where such practices
are carried out in a portion of | 7 |
| a health care facility under contract
with such health care | 8 |
| facility by a physician or by other licensed
health care | 9 |
| professionals, whether practicing in his individual capacity
| 10 |
| or within the legal structure of any partnership, medical or
| 11 |
| professional corporation, or unincorporated medical or | 12 |
| professional
groups. This Act shall apply to construction or
| 13 |
| modification and to establishment by such health care facility | 14 |
| of such
contracted portion which is subject to facility | 15 |
| licensing requirements,
irrespective of the party responsible | 16 |
| for such action or attendant
financial obligation.
| 17 |
| "Person" means any one or more natural persons, legal | 18 |
| entities,
governmental bodies other than federal, or any | 19 |
| combination thereof.
| 20 |
| "Consumer" means any person other than a person (a) whose | 21 |
| major
occupation currently involves or whose official capacity | 22 |
| within the last
12 months has involved the providing, | 23 |
| administering or financing of any
type of health care facility, | 24 |
| (b) who is engaged in health research or
the teaching of | 25 |
| health, (c) who has a material financial interest in any
| 26 |
| activity which involves the providing, administering or |
|
|
|
HB0625 Enrolled |
- 5 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| financing of any
type of health care facility, or (d) who is or | 2 |
| ever has been a member of
the immediate family of the person | 3 |
| defined by (a), (b), or (c).
| 4 |
| "State Board" means the Health Facilities Planning Board.
| 5 |
| "Construction or modification" means the establishment, | 6 |
| erection,
building, alteration, reconstruction, modernization, | 7 |
| improvement,
extension, discontinuation, change of ownership, | 8 |
| of or by a health care
facility, or the purchase or acquisition | 9 |
| by or through a health care facility
of
equipment or service | 10 |
| for diagnostic or therapeutic purposes or for
facility | 11 |
| administration or operation, or any capital expenditure made by
| 12 |
| or on behalf of a health care facility which
exceeds the | 13 |
| capital expenditure minimum; however, any capital expenditure
| 14 |
| made by or on behalf of a health care facility for (i) the | 15 |
| construction or
modification of a facility licensed under the | 16 |
| Assisted Living and Shared
Housing Act or (ii) a conversion | 17 |
| project undertaken in accordance with Section 30 of the Older | 18 |
| Adult Services Act shall be excluded from any obligations under | 19 |
| this Act.
| 20 |
| "Establish" means the construction of a health care | 21 |
| facility or the
replacement of an existing facility on another | 22 |
| site.
| 23 |
| "Major medical equipment" means medical equipment which is | 24 |
| used for the
provision of medical and other health services and | 25 |
| which costs in excess
of the capital expenditure minimum, | 26 |
| except that such term does not include
medical equipment |
|
|
|
HB0625 Enrolled |
- 6 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| acquired
by or on behalf of a clinical laboratory to provide | 2 |
| clinical laboratory
services if the clinical laboratory is | 3 |
| independent of a physician's office
and a hospital and it has | 4 |
| been determined under Title XVIII of the Social
Security Act to | 5 |
| meet the requirements of paragraphs (10) and (11) of Section
| 6 |
| 1861(s) of such Act. In determining whether medical equipment | 7 |
| has a value
in excess of the capital expenditure minimum, the | 8 |
| value of studies, surveys,
designs, plans, working drawings, | 9 |
| specifications, and other activities
essential to the | 10 |
| acquisition of such equipment shall be included.
| 11 |
| "Capital Expenditure" means an expenditure: (A) made by or | 12 |
| on behalf of
a health care facility (as such a facility is | 13 |
| defined in this Act); and
(B) which under generally accepted | 14 |
| accounting principles is not properly
chargeable as an expense | 15 |
| of operation and maintenance, or is made to obtain
by lease or | 16 |
| comparable arrangement any facility or part thereof or any
| 17 |
| equipment for a facility or part; and which exceeds the capital | 18 |
| expenditure
minimum.
| 19 |
| For the purpose of this paragraph, the cost of any studies, | 20 |
| surveys, designs,
plans, working drawings, specifications, and | 21 |
| other activities essential
to the acquisition, improvement, | 22 |
| expansion, or replacement of any plant
or equipment with | 23 |
| respect to which an expenditure is made shall be included
in | 24 |
| determining if such expenditure exceeds the capital | 25 |
| expenditures minimum.
Donations of equipment
or facilities to a | 26 |
| health care facility which if acquired directly by such
|
|
|
|
HB0625 Enrolled |
- 7 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| facility would be subject to review under this Act shall be | 2 |
| considered capital
expenditures, and a transfer of equipment or | 3 |
| facilities for less than fair
market value shall be considered | 4 |
| a capital expenditure for purposes of this
Act if a transfer of | 5 |
| the equipment or facilities at fair market value would
be | 6 |
| subject to review.
| 7 |
| "Capital expenditure minimum" means $6,000,000, which | 8 |
| shall be annually
adjusted to reflect the increase in | 9 |
| construction costs due to inflation, for major medical | 10 |
| equipment and for all other
capital expenditures; provided, | 11 |
| however, that when a capital expenditure is
for the | 12 |
| construction or modification of a health and fitness center, | 13 |
| "capital
expenditure minimum" means the capital expenditure | 14 |
| minimum for all other
capital expenditures in effect on March | 15 |
| 1, 2000, which shall be annually
adjusted to reflect the | 16 |
| increase in construction costs due to inflation.
| 17 |
| "Non-clinical service area" means an area (i) for the | 18 |
| benefit of the
patients, visitors, staff, or employees of a | 19 |
| health care facility and (ii) not
directly related to the | 20 |
| diagnosis, treatment, or rehabilitation of persons
receiving | 21 |
| services from the health care facility. "Non-clinical service | 22 |
| areas"
include, but are not limited to, chapels; gift shops; | 23 |
| news stands; computer
systems; tunnels, walkways, and | 24 |
| elevators; telephone systems; projects to
comply with life | 25 |
| safety codes; educational facilities; student housing;
| 26 |
| patient, employee, staff, and visitor dining areas; |
|
|
|
HB0625 Enrolled |
- 8 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| administration and
volunteer offices; modernization of | 2 |
| structural components (such as roof
replacement and masonry | 3 |
| work); boiler repair or replacement; vehicle
maintenance and | 4 |
| storage facilities; parking facilities; mechanical systems for
| 5 |
| heating, ventilation, and air conditioning; loading docks; and | 6 |
| repair or
replacement of carpeting, tile, wall coverings, | 7 |
| window coverings or treatments,
or furniture. Solely for the | 8 |
| purpose of this definition, "non-clinical service
area" does | 9 |
| not include health and fitness centers.
| 10 |
| "Areawide" means a major area of the State delineated on a
| 11 |
| geographic, demographic, and functional basis for health | 12 |
| planning and
for health service and having within it one or | 13 |
| more local areas for
health planning and health service. The | 14 |
| term "region", as contrasted
with the term "subregion", and the | 15 |
| word "area" may be used synonymously
with the term "areawide".
| 16 |
| "Local" means a subarea of a delineated major area that on | 17 |
| a
geographic, demographic, and functional basis may be | 18 |
| considered to be
part of such major area. The term "subregion" | 19 |
| may be used synonymously
with the term "local".
| 20 |
| "Areawide health planning organization" or "Comprehensive | 21 |
| health
planning organization" means the health systems agency | 22 |
| designated by the
Secretary, Department of Health and Human | 23 |
| Services or any successor agency.
| 24 |
| "Local health planning organization" means those local | 25 |
| health
planning organizations that are designated as such by | 26 |
| the areawide
health planning organization of the appropriate |
|
|
|
HB0625 Enrolled |
- 9 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| area.
| 2 |
| "Physician" means a person licensed to practice in | 3 |
| accordance with
the Medical Practice Act of 1987, as amended.
| 4 |
| "Licensed health care professional" means a person | 5 |
| licensed to
practice a health profession under pertinent | 6 |
| licensing statutes of the
State of Illinois.
| 7 |
| "Director" means the Director of the Illinois Department of | 8 |
| Public Health.
| 9 |
| "Agency" means the Illinois Department of Public Health.
| 10 |
| "Comprehensive health planning" means health planning | 11 |
| concerned with
the total population and all health and | 12 |
| associated problems that affect
the well-being of people and | 13 |
| that encompasses health services, health
manpower, and health | 14 |
| facilities; and the coordination among these and
with those | 15 |
| social, economic, and environmental factors that affect | 16 |
| health.
| 17 |
| "Alternative health care model" means a facility or program | 18 |
| authorized
under the Alternative Health Care Delivery Act.
| 19 |
| "Out-of-state facility" means a person that is both (i) | 20 |
| licensed as a
hospital or as an ambulatory surgery center under | 21 |
| the laws of another state
or that
qualifies as a hospital or an | 22 |
| ambulatory surgery center under regulations
adopted pursuant | 23 |
| to the Social Security Act and (ii) not licensed under the
| 24 |
| Ambulatory Surgical Treatment Center Act, the Hospital | 25 |
| Licensing Act, or the
Nursing Home Care Act. Affiliates of | 26 |
| out-of-state facilities shall be
considered out-of-state |
|
|
|
HB0625 Enrolled |
- 10 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| facilities. Affiliates of Illinois licensed health
care | 2 |
| facilities 100% owned by an Illinois licensed health care | 3 |
| facility, its
parent, or Illinois physicians licensed to | 4 |
| practice medicine in all its
branches shall not be considered | 5 |
| out-of-state facilities. Nothing in
this definition shall be
| 6 |
| construed to include an office or any part of an office of a | 7 |
| physician licensed
to practice medicine in all its branches in | 8 |
| Illinois that is not required to be
licensed under the | 9 |
| Ambulatory Surgical Treatment Center Act.
| 10 |
| "Change of ownership of a health care facility" means a | 11 |
| change in the
person
who has ownership or
control of a health | 12 |
| care facility's physical plant and capital assets. A change
in | 13 |
| ownership is indicated by
the following transactions: sale, | 14 |
| transfer, acquisition, lease, change of
sponsorship, or other | 15 |
| means of
transferring control.
| 16 |
| "Related person" means any person that: (i) is at least 50% | 17 |
| owned, directly
or indirectly, by
either the health care | 18 |
| facility or a person owning, directly or indirectly, at
least | 19 |
| 50% of the health
care facility; or (ii) owns, directly or | 20 |
| indirectly, at least 50% of the
health care facility.
| 21 |
| "Charity care" means care provided by a health care | 22 |
| facility for which the provider does not expect to receive | 23 |
| payment from the patient or a third-party payer. | 24 |
| (Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; | 25 |
| 93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; 94-342, eff. | 26 |
| 7-26-05; revised 8-21-06.)
|
|
|
|
HB0625 Enrolled |
- 11 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| (20 ILCS 3960/14.1)
| 2 |
| (Section scheduled to be repealed on April 1, 2007)
| 3 |
| Sec. 14.1. Denial of permit; other sanctions.
| 4 |
| (a) The State Board may deny an application for a permit or | 5 |
| may revoke or
take other action as permitted by this Act with | 6 |
| regard to a permit as the State
Board deems appropriate, | 7 |
| including the imposition of fines as set forth in this
Section, | 8 |
| for any one or a combination of the following:
| 9 |
| (1) The acquisition of major medical equipment without | 10 |
| a permit or in
violation of the terms of a permit.
| 11 |
| (2) The establishment, construction, or modification | 12 |
| of a health care
facility without a permit or in violation | 13 |
| of the terms of a permit.
| 14 |
| (3) The violation of any provision of this Act or any | 15 |
| rule adopted
under this Act.
| 16 |
| (4) The failure, by any person subject to this Act, to | 17 |
| provide information
requested by the State Board or Agency | 18 |
| within 30 days after a formal written
request for the | 19 |
| information.
| 20 |
| (5) The failure to pay any fine imposed under this | 21 |
| Section within 30 days
of its imposition.
| 22 |
| (a-5) For facilities licensed under the Nursing Home Care | 23 |
| Act, no permit shall be denied on the basis of prior operator | 24 |
| history, other than for actions specified under item (2), (4), | 25 |
| or (5) of Section 3-117 of the Nursing Home Care Act.
|
|
|
|
HB0625 Enrolled |
- 12 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| (b) Persons shall be subject to fines as follows:
| 2 |
| (1) A permit holder who fails to comply with the | 3 |
| requirements of
maintaining a valid permit shall be fined | 4 |
| an amount not to exceed 1% of the
approved permit amount | 5 |
| plus an additional 1% of the approved permit amount for
| 6 |
| each 30-day period, or fraction thereof, that the violation | 7 |
| continues.
| 8 |
| (2) A permit holder who alters the scope of an approved | 9 |
| project or whose
project costs exceed the allowable permit | 10 |
| amount without first obtaining
approval from the State | 11 |
| Board shall be fined an amount not to exceed the sum of
(i) | 12 |
| the lesser of $25,000 or 2% of the approved permit amount | 13 |
| and (ii) in those
cases where the approved permit amount is | 14 |
| exceeded by more than $1,000,000, an
additional $20,000 for | 15 |
| each $1,000,000, or fraction thereof, in excess of the
| 16 |
| approved permit amount.
| 17 |
| (3) A person who acquires major medical equipment or | 18 |
| who establishes a
category of service without first | 19 |
| obtaining a permit or exemption, as the case
may be, shall | 20 |
| be fined an amount not to exceed $10,000 for each such
| 21 |
| acquisition or category of service established plus an | 22 |
| additional $10,000 for
each 30-day period, or fraction | 23 |
| thereof, that the violation continues.
| 24 |
| (4) A person who constructs, modifies, or establishes a | 25 |
| health care
facility without first obtaining a permit shall | 26 |
| be fined an amount not to
exceed $25,000 plus an additional |
|
|
|
HB0625 Enrolled |
- 13 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| $25,000 for each 30-day period, or fraction
thereof, that | 2 |
| the violation continues.
| 3 |
| (5) A person who discontinues a health care facility or | 4 |
| a category of
service without first obtaining a permit | 5 |
| shall be fined an amount not to exceed
$10,000 plus an | 6 |
| additional $10,000 for each 30-day period, or fraction | 7 |
| thereof,
that the violation continues. For purposes of this | 8 |
| subparagraph (5), facilities licensed under the Nursing | 9 |
| Home Care Act, with the exceptions of facilities operated | 10 |
| by a county or Illinois Veterans Homes, are exempt from | 11 |
| this permit requirement. However, facilities licensed | 12 |
| under the Nursing Home Care Act must comply with Section | 13 |
| 3-423 of that Act and must provide the Board with 30-days' | 14 |
| written notice of its intent to close.
| 15 |
| (6) A person subject to this Act who fails to provide | 16 |
| information
requested by the State Board or Agency within | 17 |
| 30 days of a formal written
request shall be fined an | 18 |
| amount not to exceed $1,000 plus an additional $1,000
for | 19 |
| each 30-day period, or fraction thereof, that the | 20 |
| information is not
received by the State Board or Agency.
| 21 |
| (c) Before imposing any fine authorized under this Section, | 22 |
| the State Board
shall afford the person or permit holder, as | 23 |
| the case may be, an appearance
before the State Board and an | 24 |
| opportunity for a hearing before a hearing
officer appointed by | 25 |
| the State Board. The hearing shall be conducted in
accordance | 26 |
| with Section 10.
|
|
|
|
HB0625 Enrolled |
- 14 - |
LRB095 08825 HLH 29011 b |
|
| 1 |
| (d) All fines collected under this Act shall be transmitted | 2 |
| to the State
Treasurer, who shall deposit them into the | 3 |
| Illinois Health Facilities Planning
Fund.
| 4 |
| (Source: P.A. 88-18 .)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law. |
|