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90_SB1473
210 ILCS 5/8 from Ch. 111 1/2, par. 157-8.8
210 ILCS 45/3-202.5
210 ILCS 85/8 from Ch. 111 1/2, par. 149
Amends the Ambulatory Surgical Treatment Center Act, the
Nursing Home Care Act, and the Hospital Licensing Act.
Provides that architectural drawings and specifications
therefor shall be submitted to the Department of Public
Health for review and approval before commencing major
construction, as defined by the Department, with an estimated
cost greater than $25,000 (currently $5,000). Removes fee
provisions for construction costing $5,000 or more but less
than $25,000.
LRB9011352LDdv
LRB9011352LDdv
1 AN ACT concerning health care facilities, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Ambulatory Surgical Treatment Center Act
6 is amended by changing Section 8 as follows:
7 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
8 Sec. 8. Facility plan review; fees.
9 (a) Before commencing construction of new facilities or
10 specified types of alteration or additions to an existing
11 ambulatory surgical treatment center involving major
12 construction, as defined by rule by the Department, or with
13 an estimated cost greater than $25,000 $5,000, architectural
14 drawings and specifications therefor shall be submitted to
15 the Department for review and approval. Review of drawings
16 and specifications shall be conducted by an employee of the
17 Department meeting the qualifications established by the
18 Department of Central Management Services class
19 specifications for such an individual's position or by a
20 person contracting with the Department who meets those class
21 specifications. Final approval of the drawings and
22 specifications for compliance with design and construction
23 standards shall be obtained from the Department before the
24 alteration, addition, or new construction is begun.
25 (b) The Department shall approve or disapprove drawings
26 and specifications submitted to the Department no later than
27 60 days following receipt by the Department. The drawings
28 and specifications shall be of sufficient detail, as provided
29 by Department rule, to enable the Department to render a
30 determination of compliance with design and construction
31 standards. If the Department finds that the drawings are not
-2- LRB9011352LDdv
1 of sufficient detail for it to render a determination of
2 compliance, the plans shall be determined to be incomplete
3 and shall not be considered for purposes of initiating the 60
4 day review period. If the Department has not approved or
5 disapproved the drawings and specifications within 60 days,
6 the construction, major alteration, or addition shall be
7 deemed approved. If the drawings and specifications are
8 disapproved, the Department shall state in writing, with
9 specificity, the reasons for the disapproval. The entity
10 submitting the drawings and specifications may submit
11 additional information in response to the written comments
12 from the Department or request a reconsideration of the
13 disapproval. A final decision of approval or disapproval
14 shall be made within 45 days of the receipt of the additional
15 information or reconsideration request. If denied, the
16 Department shall state the specific reasons for the denial.
17 (c) The Department shall not issue a violation to a
18 facility as a result of a licensure or complaint survey based
19 upon the facility's physical structure if:
20 (1) the Department reviewed and approved or deemed
21 approved the drawings and specifications for compliance
22 with design and construction standards;
23 (2) the construction, major alteration, or addition
24 was built as submitted;
25 (3) the law or rules have not been amended since
26 the original approval; and
27 (4) the violation does not create a direct threat
28 to the health, safety, or welfare of a resident.
29 (d) The Department shall charge the following fees in
30 connection with its reviews conducted before June 30, 2000
31 under this Section:
32 (1) (Blank). If the estimated dollar value of the
33 alteration, addition, or new construction is $5,000 or
34 more but less than $25,000, the fee shall be the greater
-3- LRB9011352LDdv
1 of $300 or 6% of that value.
2 (2) If the estimated dollar value of the
3 alteration, addition, or new construction is $25,000 or
4 more but less than $100,000, the fee shall be the greater
5 of $1,500 or 2.4% of that value.
6 (3) If the estimated dollar value of the
7 alteration, addition, or new construction is $100,000 or
8 more but less than $500,000, the fee shall be the greater
9 of $2,400 or 1.2% of that value.
10 (4) If the estimated dollar value of the
11 alteration, addition, or new construction is $500,000 or
12 more but less than $1,000,000, the fee shall be the
13 greater of $6,000 or 0.96% of that value.
14 (5) If the estimated dollar value of the
15 alteration, addition, or new construction is $1,000,000
16 or more but less than $5,000,000, the fee shall be the
17 greater of $9,600 or 0.22% of that value.
18 (6) If the estimated dollar value of the
19 alteration, addition, or new construction is $5,000,000
20 or more, the fee shall be the greater of $11,000 or 0.11%
21 of that value, but shall not exceed $40,000.
22 The fees provided in this subsection (d) shall not apply
23 to major construction projects involving facility changes
24 that are required by Department rule amendments.
25 The Department shall not commence the facility plan
26 review process under this Section until the applicable fee
27 has been paid.
28 (e) All fees received by the Department under this
29 Section shall be deposited into the Health Facility Plan
30 Review Fund, a special fund created in the State Treasury.
31 Moneys shall be appropriated from that Fund to the Department
32 only to pay the costs of conducting reviews under this
33 Section. None of the moneys in the Health Facility Plan
34 Review Fund shall be used to reduce the amount of General
-4- LRB9011352LDdv
1 Revenue Fund moneys appropriated to the Department for
2 facility plan reviews conducted pursuant to this Section.
3 (f) (1) The provisions of this amendatory Act of 1997
4 concerning drawings and specifications shall apply only
5 to drawings and specifications submitted to the
6 Department on or after October 1, 1997.
7 (2) On and after the effective date of this
8 amendatory Act of 1997 and before October 1, 1997, an
9 applicant may submit or resubmit drawings and
10 specifications to the Department and pay the fees
11 provided in subsection (d). If an applicant pays the
12 fees provided in subsection (d) under this paragraph (2),
13 the provisions of subsection (b) shall apply with regard
14 to those drawings and specifications.
15 (g) The Department shall conduct an on-site inspection
16 of the completed project no later than 30 days after
17 notification from the applicant that the project has been
18 completed and all certifications required by the Department
19 have been received and accepted by the Department. The
20 Department shall provide written approval for occupancy to
21 the applicant within 5 working days of the Department's final
22 inspection, provided the applicant has demonstrated
23 substantial compliance as defined by Department rule.
24 Occupancy of new major construction is prohibited until
25 Department approval is received. If the plans and drawings
26 are approved pursuant to subsection (b), occupancy shall be
27 allowed after any required health inspection by the
28 Department has been conducted.
29 (h) The Department shall establish, by rule, a procedure
30 to conduct interim on-site review of large or complex
31 construction projects.
32 (Source: P.A. 90-327, eff. 8-8-97.)
33 Section 15. The Nursing Home Care Act is amended by
-5- LRB9011352LDdv
1 changing Section 3-202.5 as follows:
2 (210 ILCS 45/3-202.5)
3 Sec. 3-202.5. Facility plan review; fees.
4 (a) Before commencing construction of a new facility or
5 specified types of alteration or additions to an existing
6 long term care facility involving major construction, as
7 defined by rule by the Department, or with an estimated cost
8 greater than $25,000 $5,000, architectural drawings and
9 specifications for the facility shall be submitted to the
10 Department for review and approval. Review of drawings and
11 specifications shall be conducted by an employee of the
12 Department meeting the qualifications established by the
13 Department of Central Management Services class
14 specifications for such an individual's position or by a
15 person contracting with the Department who meets those class
16 specifications. Final approval of the drawings and
17 specifications for compliance with design and construction
18 standards shall be obtained from the Department before the
19 alteration, addition, or new construction is begun.
20 (b) The Department shall approve or disapprove drawings
21 and specifications submitted to the Department no later than
22 60 days following receipt by the Department. The drawings
23 and specifications shall be of sufficient detail, as provided
24 by Department rule, to enable the Department to render a
25 determination of compliance with design and construction
26 standards. If the Department finds that the drawings are not
27 of sufficient detail for it to render a determination of
28 compliance, the plans shall be determined to be incomplete
29 and shall not be considered for purposes of initiating the 60
30 day review period. If the Department has not approved or
31 disapproved the drawings and specifications within 60 days,
32 the construction, major alteration, or addition shall be
33 deemed approved. If the drawings and specifications are
-6- LRB9011352LDdv
1 disapproved, the Department shall state in writing, with
2 specificity, the reasons for the disapproval. The entity
3 submitting the drawings and specifications may submit
4 additional information in response to the written comments
5 from the Department or request a reconsideration of the
6 disapproval. A final decision of approval or disapproval
7 shall be made within 45 days of the receipt of the additional
8 information or reconsideration request. If denied, the
9 Department shall state the specific reasons for the denial.
10 (c) The Department shall not issue a violation to a
11 facility as a result of a licensure or complaint survey based
12 upon the facility's physical structure if:
13 (1) the Department reviewed and approved or deemed
14 approved the drawings and specifications for compliance
15 with design and construction standards;
16 (2) the construction, major alteration, or addition
17 was built as submitted;
18 (3) the law or rules have not been amended since
19 the original approval; and
20 (4) the violation does not create a direct threat
21 to the health, safety, or welfare of a resident.
22 (d) The Department shall charge the following fees in
23 connection with its reviews conducted before June 30, 2000
24 under this Section:
25 (1) (Blank). If the estimated dollar value of the
26 alteration, addition, or new construction is $5,000 or
27 more but less than $25,000, the fee shall be the greater
28 of $300 or 6% of that value.
29 (2) If the estimated dollar value of the
30 alteration, addition, or new construction is $25,000 or
31 more but less than $100,000, the fee shall be the greater
32 of $1,500 or 2.4% of that value.
33 (3) If the estimated dollar value of the
34 alteration, addition, or new construction is $100,000 or
-7- LRB9011352LDdv
1 more but less than $500,000, the fee shall be the greater
2 of $2,400 or 1.2% of that value.
3 (4) If the estimated dollar value of the
4 alteration, addition, or new construction is $500,000 or
5 more but less than $1,000,000, the fee shall be the
6 greater of $6,000 or 0.96% of that value.
7 (5) If the estimated dollar value of the
8 alteration, addition, or new construction is $1,000,000
9 or more but less than $5,000,000, the fee shall be the
10 greater of $9,600 or 0.22% of that value.
11 (6) If the estimated dollar value of the
12 alteration, addition, or new construction is $5,000,000
13 or more, the fee shall be the greater of $11,000 or 0.11%
14 of that value, but shall not exceed $40,000.
15 The fees provided in this subsection (d) shall not apply
16 to major construction projects involving facility changes
17 that are required by Department rule amendments.
18 The Department shall not commence the facility plan
19 review process under this Section until the applicable fee
20 has been paid.
21 (d-5) No fee shall be charged under this Section for the
22 review of architectural drawings and specifications for
23 alterations to an existing long-term care facility when the
24 alterations are the result of a change in State or federal
25 law or regulation.
26 (e) All fees received by the Department under this
27 Section shall be deposited into the Health Facility Plan
28 Review Fund, a special fund created in the State Treasury.
29 Moneys shall be appropriated from that Fund to the Department
30 only to pay the costs of conducting reviews under this
31 Section. None of the moneys in the Health Facility Plan
32 Review Fund shall be used to reduce the amount of General
33 Revenue Fund moneys appropriated to the Department for
34 facility plan reviews conducted pursuant to this Section.
-8- LRB9011352LDdv
1 (f) (1) The provisions of this amendatory Act of 1997
2 concerning drawings and specifications shall apply only
3 to drawings and specifications submitted to the
4 Department on or after October 1, 1997.
5 (2) On and after the effective date of this
6 amendatory Act of 1997 and before October 1, 1997, an
7 applicant may submit or resubmit drawings and
8 specifications to the Department and pay the fees
9 provided in subsection (d). If an applicant pays the
10 fees provided in subsection (d) under this paragraph (2),
11 the provisions of subsection (b) shall apply with regard
12 to those drawings and specifications.
13 (g) The Department shall conduct an on-site inspection
14 of the completed project no later than 30 days after
15 notification from the applicant that the project has been
16 completed and all certifications required by the Department
17 have been received and accepted by the Department. The
18 Department shall provide written approval for occupancy to
19 the applicant within 5 working days of the Department's final
20 inspection, provided the applicant has demonstrated
21 substantial compliance as defined by Department rule.
22 Occupancy of new major construction is prohibited until
23 Department approval is received. If the plans and drawings
24 are approved pursuant to subsection (b), occupancy shall be
25 allowed after any required health inspection by the
26 Department has been conducted.
27 (h) The Department shall establish, by rule, a procedure
28 to conduct interim on-site review of large or complex
29 construction projects.
30 (Source: P.A. 90-327, eff. 8-8-97.)
31 Section 20. The Hospital Licensing Act is amended by
32 changing Section 8 as follows:
-9- LRB9011352LDdv
1 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
2 Sec. 8. Facility plan review; fees.
3 (a) Before commencing construction of new facilities or
4 specified types of alteration or additions to an existing
5 hospital involving major construction, as defined by rule by
6 the Department, or with an estimated cost greater than
7 $25,000 $5,000, architectural plans and specifications
8 therefor shall be submitted by the licensee to the Department
9 for review and approval. In the case of the establishment of
10 a new hospital, the person to whom the Director has issued a
11 permit shall submit architectural plans and specifications to
12 the Department for review and approval. Review of drawings
13 and specifications shall be conducted by an employee of the
14 Department meeting the qualifications established by the
15 Department of Central Management Services class
16 specifications for such an individual's position or by a
17 person contracting with the Department who meets those class
18 specifications. Final approval of the plans and
19 specifications for compliance with design and construction
20 standards shall be obtained from the Department before the
21 alteration, addition, or new construction is begun.
22 (b) The Department shall approve or disapprove drawings
23 and specifications submitted to the Department no later than
24 60 days following receipt by the Department. The drawings
25 and specifications shall be of sufficient detail, as provided
26 by Department rule, to enable the Department to render a
27 determination of compliance with design and construction
28 standards. If the Department finds that the drawings are not
29 of sufficient detail for it to render a determination of
30 compliance, the plans shall be determined to be incomplete
31 and shall not be considered for purposes of initiating the 60
32 day review period. If the Department has not approved or
33 disapproved the drawings and specifications within 60 days,
34 the construction, major alteration, or addition shall be
-10- LRB9011352LDdv
1 deemed approved. If the drawings and specifications are
2 disapproved, the Department shall state in writing, with
3 specificity, the reasons for the disapproval. The entity
4 submitting the drawings and specifications may submit
5 additional information in response to the written comments
6 from the Department or request a reconsideration of the
7 disapproval. A final decision of approval or disapproval
8 shall be made within 45 days of the receipt of the additional
9 information or reconsideration request. If denied, the
10 Department shall state the specific reasons for the denial.
11 (c) The Department shall not issue a violation to a
12 facility as a result of a licensure or complaint survey based
13 upon the facility's physical structure if:
14 (1) the Department reviewed and approved or deemed
15 approved the drawing and specifications for compliance
16 with design and construction standards;
17 (2) the construction, major alteration, or addition
18 was built as submitted;
19 (3) the law or rules have not been amended since
20 the original approval; and
21 (4) the violation does not create a direct threat
22 to the health, safety, or welfare of a resident.
23 (d) The Department shall charge the following fees in
24 connection with its reviews conducted before June 30, 2000
25 under this Section:
26 (1) (Blank). If the estimated dollar value of the
27 alteration, addition, or new construction is $5,000 or
28 more but less than $25,000, the fee shall be the greater
29 of $300 or 6% of that value.
30 (2) If the estimated dollar value of the
31 alteration, addition, or new construction is $25,000 or
32 more but less than $100,000, the fee shall be the greater
33 of $1,500 or 2.4% of that value.
34 (3) If the estimated dollar value of the
-11- LRB9011352LDdv
1 alteration, addition, or new construction is $100,000 or
2 more but less than $500,000, the fee shall be the greater
3 of $2,400 or 1.2% of that value.
4 (4) If the estimated dollar value of the
5 alteration, addition, or new construction is $500,000 or
6 more but less than $1,000,000, the fee shall be the
7 greater of $6,000 or 0.96% of that value.
8 (5) If the estimated dollar value of the
9 alteration, addition, or new construction is $1,000,000
10 or more but less than $5,000,000, the fee shall be the
11 greater of $9,600 or 0.22% of that value.
12 (6) If the estimated dollar value of the
13 alteration, addition, or new construction is $5,000,000
14 or more, the fee shall be the greater of $11,000 or 0.11%
15 of that value, but shall not exceed $40,000.
16 The fees provided in this subsection (d) shall not apply
17 to major construction projects involving facility changes
18 that are required by Department rule amendments.
19 The Department shall not commence the facility plan
20 review process under this Section until the applicable fee
21 has been paid.
22 (e) All fees received by the Department under this
23 Section shall be deposited into the Health Facility Plan
24 Review Fund, a special fund created in the State treasury.
25 Moneys shall be appropriated from that Fund to the Department
26 only to pay the costs of conducting reviews under this
27 Section. None of the moneys in the Health Facility Plan
28 Review Fund shall be used to reduce the amount of General
29 Revenue Fund moneys appropriated to the Department for
30 facility plan reviews conducted pursuant to this Section.
31 (f) (1) The provisions of this amendatory Act of 1997
32 concerning drawings and specifications shall apply only
33 to drawings and specifications submitted to the
34 Department on or after October 1, 1997.
-12- LRB9011352LDdv
1 (2) On and after the effective date of this
2 amendatory Act of 1997 and before October 1, 1997, an
3 applicant may submit or resubmit drawings and
4 specifications to the Department and pay the fees
5 provided in subsection (d). If an applicant pays the
6 fees provided in subsection (d) under this paragraph (2),
7 the provisions of subsection (b) shall apply with regard
8 to those drawings and specifications.
9 (g) The Department shall conduct an on-site inspection
10 of the completed project no later than 30 days after
11 notification from the applicant that the project has been
12 completed and all certifications required by the Department
13 have been received and accepted by the Department. The
14 Department shall provide written approval for occupancy to
15 the applicant within 5 working days of the Department's final
16 inspection, provided the applicant has demonstrated
17 substantial compliance as defined by Department rule.
18 Occupancy of new major construction is prohibited until
19 Department approval is received. If the plans and drawings
20 are approved pursuant to subsection (b), occupancy shall be
21 allowed after any required health inspection by the
22 Department has been conducted.
23 (h) The Department shall establish, by rule, a procedure
24 to conduct interim on-site review of large or complex
25 construction projects.
26 (Source: P.A. 90-327, eff. 8-8-97.)