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90_SB1473enr
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
SB1473 Enrolled 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 3. The Alternative Health Care Delivery Act is
6 amended by changing Section 25 as follows:
7 (210 ILCS 3/25)
8 Sec. 25. Department responsibilities. The Department
9 shall have the responsibilities set forth in this Section.
10 (a) The Department shall adopt rules for each
11 alternative health care model authorized under this Act that
12 shall include but not be limited to the following:
13 (1) Further definition of the alternative health
14 care models.
15 (2) The definition and scope of the demonstration
16 program, including the implementation date and period of
17 operation, not to exceed 5 years.
18 (3) License application information required by the
19 Department.
20 (4) The care of patients in the alternative health
21 care models.
22 (5) Rights afforded to patients of the alternative
23 health care models.
24 (6) Physical plant requirements.
25 (7) License application and renewal fees, which may
26 cover the cost of administering the demonstration
27 program.
28 (8) Information that may be necessary for the Board
29 and the Department to monitor and evaluate the
30 alternative health care model demonstration program.
31 (9) Administrative fines that may be assessed by
SB1473 Enrolled -2- LRB9011352LDdv
1 the Department for violations of this Act or the rules
2 adopted under this Act.
3 (b) The Department shall issue, renew, deny, suspend, or
4 revoke licenses for alternative health care models.
5 (c) The Department shall perform licensure inspections
6 of alternative health care models as deemed necessary by the
7 Department to ensure compliance with this Act or rules.
8 (d) The Department shall deposit application fees,
9 renewal fees, and fines into the Regulatory Evaluation and
10 Basic Enforcement Fund.
11 (e) (d) The Department shall assist the Board in
12 performing the Board's responsibilities under this Act.
13 (f) The Department shall conduct a study to determine
14 the feasibility, the potential risks and benefits to
15 patients, and the potential effect on the health care
16 delivery system of authorizing recovery care of nonsurgical
17 patients in postsurgical recovery center demonstration
18 models. The Department shall report the findings of the
19 study to the General Assembly no later than November 1, 1998.
20 The Director shall appoint an advisory committee with
21 representation from the Illinois Hospital and Health Systems
22 Association, the Illinois State Medical Society, and the
23 Illinois Freestanding Surgery Center Association, a physician
24 who is board certified in internal medicine, a consumer, and
25 other representatives deemed appropriate by the Director.
26 The advisory committee shall advise the Department as it
27 carries out the study.
28 (g) Before November 1, 1998 the Department shall
29 initiate a process to request public comments on how
30 postsurgical recovery centers admitting nonsurgical patients
31 should be regulated.
32 (Source: P.A. 87-1188; revised 12-18-97.)
33 Section 5. The Ambulatory Surgical Treatment Center Act
SB1473 Enrolled -3- LRB9011352LDdv
1 is amended by changing Section 8 as follows:
2 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
3 Sec. 8. Facility plan review; fees.
4 (a) Before commencing construction of new facilities or
5 specified types of alteration or additions to an existing
6 ambulatory surgical treatment center involving major
7 construction, as defined by rule by the Department, or with
8 an estimated cost greater than $100,000 $5,000, architectural
9 drawings and specifications therefor shall be submitted to
10 the Department for review and approval. A facility may submit
11 architectural drawings and specifications for other
12 construction projects for Department review according to
13 subsection (b) that shall not be subject to fees under
14 subsection (d). Review of drawings and specifications shall
15 be conducted by an employee of the Department meeting the
16 qualifications established by the Department of Central
17 Management Services class specifications for such an
18 individual's position or by a person contracting with the
19 Department who meets those class specifications. Final
20 approval of the drawings and specifications for compliance
21 with design and construction standards shall be obtained from
22 the Department before the alteration, addition, or new
23 construction is begun.
24 (b) The Department shall inform an applicant in writing
25 within 10 working days after receiving drawings and
26 specifications and the required fee, if any, from the
27 applicant whether the applicant's submission is complete or
28 incomplete. Failure to provide the applicant with this
29 notice within 10 working days shall result in the submission
30 being deemed complete for purposes of initiating the 60-day
31 review period under this Section. If the submission is
32 incomplete, the Department shall inform the applicant of the
33 deficiencies with the submission in writing. If the
SB1473 Enrolled -4- LRB9011352LDdv
1 submission is complete and the required fee, if any, has been
2 paid, the Department shall approve or disapprove drawings and
3 specifications submitted to the Department no later than 60
4 days following receipt by the Department. The drawings and
5 specifications shall be of sufficient detail, as provided by
6 Department rule, to enable the Department to render a
7 determination of compliance with design and construction
8 standards under this Act. If the Department finds that the
9 drawings are not of sufficient detail for it to render a
10 determination of compliance, the plans shall be determined to
11 be incomplete and shall not be considered for purposes of
12 initiating the 60 day review period. If a submission of
13 drawings and specifications is incomplete, the applicant may
14 submit additional information. The 60-day review period
15 shall not commence until the Department determines that a
16 submission of drawings and specifications is complete or the
17 submission is deemed complete. If the Department has not
18 approved or disapproved the drawings and specifications
19 within 60 days, the construction, major alteration, or
20 addition shall be deemed approved. If the drawings and
21 specifications are disapproved, the Department shall state in
22 writing, with specificity, the reasons for the disapproval.
23 The entity submitting the drawings and specifications may
24 submit additional information in response to the written
25 comments from the Department or request a reconsideration of
26 the disapproval. A final decision of approval or disapproval
27 shall be made within 45 days of the receipt of the additional
28 information or reconsideration request. If denied, the
29 Department shall state the specific reasons for the denial.
30 (c) The Department shall provide written approval for
31 occupancy pursuant to subsection (g) and shall not issue a
32 violation to a facility as a result of a licensure or
33 complaint survey based upon the facility's physical structure
34 if:
SB1473 Enrolled -5- LRB9011352LDdv
1 (1) the Department reviewed and approved or deemed
2 approved the drawings and specifications for compliance
3 with design and construction standards;
4 (2) the construction, major alteration, or addition
5 was built as submitted;
6 (3) the law or rules have not been amended since
7 the original approval; and
8 (4) the conditions at the facility indicate that
9 there is a reasonable degree of safety provided for the
10 patients violation does not create a direct threat to the
11 health, safety, or welfare of a resident.
12 (d) The Department shall charge the following fees in
13 connection with its reviews conducted before June 30, 2000
14 under this Section:
15 (1) (Blank). If the estimated dollar value of the
16 alteration, addition, or new construction is $5,000 or
17 more but less than $25,000, the fee shall be the greater
18 of $300 or 6% of that value.
19 (2) (Blank). If the estimated dollar value of the
20 alteration, addition, or new construction is $25,000 or
21 more but less than $100,000, the fee shall be the greater
22 of $1,500 or 2.4% of that value.
23 (3) If the estimated dollar value of the
24 alteration, addition, or new construction is $100,000 or
25 more but less than $500,000, the fee shall be the greater
26 of $2,400 or 1.2% of that value.
27 (4) If the estimated dollar value of the
28 alteration, addition, or new construction is $500,000 or
29 more but less than $1,000,000, the fee shall be the
30 greater of $6,000 or 0.96% of that value.
31 (5) If the estimated dollar value of the
32 alteration, addition, or new construction is $1,000,000
33 or more but less than $5,000,000, the fee shall be the
34 greater of $9,600 or 0.22% of that value.
SB1473 Enrolled -6- LRB9011352LDdv
1 (6) If the estimated dollar value of the
2 alteration, addition, or new construction is $5,000,000
3 or more, the fee shall be the greater of $11,000 or 0.11%
4 of that value, but shall not exceed $40,000.
5 The fees provided in this subsection (d) shall not apply
6 to major construction projects involving facility changes
7 that are required by Department rule amendments.
8 The fees provided in this subsection (d) shall also not
9 apply to major construction projects if 51% or more of the
10 estimated cost of the project is attributed to capital
11 equipment. For major construction projects where 51% or more
12 of the estimated cost of the project is attributed to capital
13 equipment, the Department shall by rule establish a fee that
14 is reasonably related to the cost of reviewing the project.
15 The Department shall not commence the facility plan
16 review process under this Section until the applicable fee
17 has been paid.
18 (e) All fees received by the Department under this
19 Section shall be deposited into the Health Facility Plan
20 Review Fund, a special fund created in the State Treasury.
21 Moneys shall be appropriated from that Fund to the Department
22 only to pay the costs of conducting reviews under this
23 Section. All fees paid by ambulatory surgical treatment
24 centers under subsection (d) shall be used only to cover the
25 costs relating to the Department's review of ambulatory
26 surgical treatment center projects under this Section. None
27 of the moneys in the Health Facility Plan Review Fund shall
28 be used to reduce the amount of General Revenue Fund moneys
29 appropriated to the Department for facility plan reviews
30 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.
SB1473 Enrolled -7- 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, unless the Department has
20 not acted within the time frames provided in this subsection
21 (g), in which case the construction shall be deemed approved.
22 Occupancy shall be authorized If the plans and drawings are
23 approved pursuant to subsection (b), occupancy shall be
24 allowed after any required health inspection by the
25 Department has been conducted.
26 (h) The Department shall establish, by rule, a procedure
27 to conduct interim on-site review of large or complex
28 construction projects.
29 (i) The Department shall establish, by rule, an
30 expedited process for emergency repairs or replacement of
31 like equipment.
32 (j) Nothing in this Section shall be construed to apply
33 to maintenance, upkeep, or renovation that does not affect
34 the structural integrity of the building, does not add beds
SB1473 Enrolled -8- LRB9011352LDdv
1 or services over the number for which the facility is
2 licensed, and provides a reasonable degree of safety for the
3 patients.
4 (Source: P.A. 90-327, eff. 8-8-97.)
5 Section 10. The Nursing Home Care Act is amended by
6 changing Section 3-202.5 as follows:
7 (210 ILCS 45/3-202.5)
8 Sec. 3-202.5. Facility plan review; fees.
9 (a) Before commencing construction of a new facility or
10 specified types of alteration or additions to an existing
11 long term care facility involving major construction, as
12 defined by rule by the Department, or with an estimated cost
13 greater than $100,000 $5,000, architectural drawings and
14 specifications for the facility shall be submitted to the
15 Department for review and approval. A facility may submit
16 architectural drawings and specifications for other
17 construction projects for Department review according to
18 subsection (b) that shall not be subject to fees under
19 subsection (d). Review of drawings and specifications shall
20 be conducted by an employee of the Department meeting the
21 qualifications established by the Department of Central
22 Management Services class specifications for such an
23 individual's position or by a person contracting with the
24 Department who meets those class specifications. Final
25 approval of the drawings and specifications for compliance
26 with design and construction standards shall be obtained from
27 the Department before the alteration, addition, or new
28 construction is begun.
29 (b) The Department shall inform an applicant in writing
30 within 10 working days after receiving drawings and
31 specifications and the required fee, if any, from the
32 applicant whether the applicant's submission is complete or
SB1473 Enrolled -9- LRB9011352LDdv
1 incomplete. Failure to provide the applicant with this
2 notice within 10 working days shall result in the submission
3 being deemed complete for purposes of initiating the 60-day
4 review period under this Section. If the submission is
5 incomplete, the Department shall inform the applicant of the
6 deficiencies with the submission in writing. If the
7 submission is complete the required fee, if any, has been
8 paid, the Department shall approve or disapprove drawings and
9 specifications submitted to the Department no later than 60
10 days following receipt by the Department. The drawings and
11 specifications shall be of sufficient detail, as provided by
12 Department rule, to enable the Department to render a
13 determination of compliance with design and construction
14 standards under this Act. If the Department finds that the
15 drawings are not of sufficient detail for it to render a
16 determination of compliance, the plans shall be determined to
17 be incomplete and shall not be considered for purposes of
18 initiating the 60 day review period. If a submission of
19 drawings and specifications is incomplete, the applicant may
20 submit additional information. The 60-day review period
21 shall not commence until the Department determines that a
22 submission of drawings and specifications is complete or the
23 submission is deemed complete. If the Department has not
24 approved or disapproved the drawings and specifications
25 within 60 days, the construction, major alteration, or
26 addition shall be deemed approved. If the drawings and
27 specifications are disapproved, the Department shall state in
28 writing, with specificity, the reasons for the disapproval.
29 The entity submitting the drawings and specifications may
30 submit additional information in response to the written
31 comments from the Department or request a reconsideration of
32 the disapproval. A final decision of approval or disapproval
33 shall be made within 45 days of the receipt of the additional
34 information or reconsideration request. If denied, the
SB1473 Enrolled -10- LRB9011352LDdv
1 Department shall state the specific reasons for the denial.
2 (c) The Department shall provide written approval for
3 occupancy pursuant to subsection (g) and shall not issue a
4 violation to a facility as a result of a licensure or
5 complaint survey based upon the facility's physical structure
6 if:
7 (1) the Department reviewed and approved or deemed
8 approved the drawings and specifications for compliance
9 with design and construction standards;
10 (2) the construction, major alteration, or addition
11 was built as submitted;
12 (3) the law or rules have not been amended since
13 the original approval; and
14 (4) the conditions at the facility indicate that
15 there is a reasonable degree of safety provided for the
16 residents violation does not create a direct threat to
17 the health, safety, or welfare of a resident.
18 (d) The Department shall charge the following fees in
19 connection with its reviews conducted before June 30, 2000
20 under this Section:
21 (1) (Blank). If the estimated dollar value of the
22 alteration, addition, or new construction is $5,000 or
23 more but less than $25,000, the fee shall be the greater
24 of $300 or 6% of the value.
25 (2) (Blank). If the estimated dollar value of the
26 alteration, addition, or new construction is $25,000 or
27 more but less than $100,000, the fee shall be the greater
28 of $1,500 or 2.4% of that value.
29 (3) If the estimated dollar value of the
30 alteration, addition, or new construction is $100,000 or
31 more but less than $500,000, the fee shall be the greater
32 of $2,400 or 1.2% of that value.
33 (4) If the estimated dollar value of the
34 alteration, addition, or new construction is $500,000 or
SB1473 Enrolled -11- LRB9011352LDdv
1 more but less than $1,000,000, the fee shall be the
2 greater of $6,000 or 0.96% of that value.
3 (5) If the estimated dollar value of the
4 alteration, addition, or new construction is $1,000,000
5 or more but less than $5,000,000, the fee shall be the
6 greater of $9,600 or 0.22% of that value.
7 (6) If the estimated dollar value of the
8 alteration, addition, or new construction is $5,000,000
9 or more, the fee shall be the greater of $11,000 or 0.11%
10 of that value, but shall not exceed $40,000.
11 The fees provided in this subsection (d) shall not apply
12 to major construction projects involving facility changes
13 that are required by Department rule amendments.
14 The fees provided in this subsection (d) shall also not
15 apply to major construction projects if 51% or more of the
16 estimated cost of the project is attributed to capital
17 equipment. For major construction projects where 51% or more
18 of the estimated cost of the project is attributed to capital
19 equipment, the Department shall by rule establish a fee that
20 is reasonably related to the cost of reviewing the project.
21 The Department shall not commence the facility plan
22 review process under this Section until the applicable fee
23 has been paid.
24 (e) All fees received by the Department under this
25 Section shall be deposited into the Health Facility Plan
26 Review Fund, a special fund created in the State Treasury.
27 All fees paid by long-term care facilities under subsection
28 (d) shall be used only to cover the costs relating to the
29 Department's review of long-term care facility projects under
30 this Section. Moneys shall be appropriated from that Fund to
31 the Department only to pay the costs of conducting reviews
32 under this Section. None of the moneys in the Health Facility
33 Plan Review Fund shall be used to reduce the amount of
34 General Revenue Fund moneys appropriated to the Department
SB1473 Enrolled -12- LRB9011352LDdv
1 for facility plan reviews conducted pursuant to this Section.
2 (f) (1) The provisions of this amendatory Act of 1997
3 concerning drawings and specifications shall apply only
4 to drawings and specifications submitted to the
5 Department on or after October 1, 1997.
6 (2) On and after the effective date of this
7 amendatory Act of 1997 and before October 1, 1997, an
8 applicant may submit or resubmit drawings and
9 specifications to the Department and pay the fees
10 provided in subsection (d). If an applicant pays the
11 fees provided in subsection (d) under this paragraph (2),
12 the provisions of subsection (b) shall apply with regard
13 to those drawings and specifications.
14 (g) The Department shall conduct an on-site inspection
15 of the completed project no later than 30 days after
16 notification from the applicant that the project has been
17 completed and all certifications required by the Department
18 have been received and accepted by the Department. The
19 Department shall provide written approval for occupancy to
20 the applicant within 5 working days of the Department's final
21 inspection, provided the applicant has demonstrated
22 substantial compliance as defined by Department rule.
23 Occupancy of new major construction is prohibited until
24 Department approval is received, unless the Department has
25 not acted within the time frames provided in this subsection
26 (g), in which case the construction shall be deemed approved.
27 Occupancy shall be authorized If the plans and drawings are
28 approved pursuant to subsection (b), occupancy shall be
29 allowed after any required health inspection by the
30 Department has been conducted.
31 (h) The Department shall establish, by rule, a procedure
32 to conduct interim on-site review of large or complex
33 construction projects.
34 (i) The Department shall establish, by rule, an
SB1473 Enrolled -13- LRB9011352LDdv
1 expedited process for emergency repairs or replacement of
2 like equipment.
3 (j) Nothing in this Section shall be construed to apply
4 to maintenance, upkeep, or renovation that does not affect
5 the structural integrity of the building, does not add beds
6 or services over the number for which the long-term care
7 facility is licensed, and provides a reasonable degree of
8 safety for the residents.
9 (Source: P.A. 90-327, eff. 8-8-97.)
10 Section 15. The Hospital Licensing Act is amended by
11 changing Section 8 as follows:
12 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
13 Sec. 8. Facility plan review; fees.
14 (a) Before commencing construction of new facilities or
15 specified types of alteration or additions to an existing
16 hospital involving major construction, as defined by rule by
17 the Department, or with an estimated cost greater than
18 $100,000 $5,000, architectural plans and specifications
19 therefor shall be submitted by the licensee to the Department
20 for review and approval. A hospital may submit architectural
21 drawings and specifications for other construction projects
22 for Department review according to subsection (b) that shall
23 not be subject to fees under subsection (d). In the case of
24 the establishment of a new hospital, the person to whom the
25 Director has issued a permit shall submit architectural plans
26 and specifications to the Department for review and approval.
27 Review of drawings and specifications shall be conducted by
28 an employee of the Department meeting the qualifications
29 established by the Department of Central Management Services
30 class specifications for such an individual's position or by
31 a person contracting with the Department who meets those
32 class specifications. Final approval of the plans and
SB1473 Enrolled -14- LRB9011352LDdv
1 specifications for compliance with design and construction
2 standards shall be obtained from the Department before the
3 alteration, addition, or new construction is begun.
4 (b) The Department shall inform an applicant in writing
5 within 10 working days after receiving drawings and
6 specifications and the required fee, if any, from the
7 applicant whether the applicant's submission is complete or
8 incomplete. Failure to provide the applicant with this
9 notice within 10 working days shall result in the submission
10 being deemed complete for purposes of initiating the 60-day
11 review period under this Section. If the submission is
12 incomplete, the Department shall inform the applicant of the
13 deficiencies with the submission in writing. If the
14 submission is complete and the required fee, if any, has been
15 paid, the Department shall approve or disapprove drawings and
16 specifications submitted to the Department no later than 60
17 days following receipt by the Department. The drawings and
18 specifications shall be of sufficient detail, as provided by
19 Department rule, to enable the Department to render a
20 determination of compliance with design and construction
21 standards under this Act. If the Department finds that the
22 drawings are not of sufficient detail for it to render a
23 determination of compliance, the plans shall be determined to
24 be incomplete and shall not be considered for purposes of
25 initiating the 60 day review period. If a submission of
26 drawings and specifications is incomplete, the applicant may
27 submit additional information. The 60-day review period
28 shall not commence until the Department determines that a
29 submission of drawings and specifications is complete or the
30 submission is deemed complete. If the Department has not
31 approved or disapproved the drawings and specifications
32 within 60 days, the construction, major alteration, or
33 addition shall be deemed approved. If the drawings and
34 specifications are disapproved, the Department shall state in
SB1473 Enrolled -15- LRB9011352LDdv
1 writing, with specificity, the reasons for the disapproval.
2 The entity submitting the drawings and specifications may
3 submit additional information in response to the written
4 comments from the Department or request a reconsideration of
5 the disapproval. A final decision of approval or disapproval
6 shall be made within 45 days of the receipt of the additional
7 information or reconsideration request. If denied, the
8 Department shall state the specific reasons for the denial.
9 (c) The Department shall provide written approval for
10 occupancy pursuant to subsection (g) and shall not issue a
11 violation to a facility as a result of a licensure or
12 complaint survey based upon the facility's physical structure
13 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 conditions at the facility indicate that
22 there is a reasonable degree of safety provided for the
23 patients violation does not create a direct threat to the
24 health, safety, or welfare of a resident.
25 (d) The Department shall charge the following fees in
26 connection with its reviews conducted before June 30, 2000
27 under this Section:
28 (1) (Blank). If the estimated dollar value of the
29 alteration, addition, or new construction is $5,000 or
30 more but less than $25,000, the fee shall be the greater
31 of $300 or 6% of that value.
32 (2) (Blank). If the estimated dollar value of the
33 alteration, addition, or new construction is $25,000 or
34 more but less than $100,000, the fee shall be the greater
SB1473 Enrolled -16- LRB9011352LDdv
1 of $1,500 or 2.4% of that value.
2 (3) If the estimated dollar value of the
3 alteration, addition, or new construction is $100,000 or
4 more but less than $500,000, the fee shall be the greater
5 of $2,400 or 1.2% of that value.
6 (4) If the estimated dollar value of the
7 alteration, addition, or new construction is $500,000 or
8 more but less than $1,000,000, the fee shall be the
9 greater of $6,000 or 0.96% of that value.
10 (5) If the estimated dollar value of the
11 alteration, addition, or new construction is $1,000,000
12 or more but less than $5,000,000, the fee shall be the
13 greater of $9,600 or 0.22% of that value.
14 (6) If the estimated dollar value of the
15 alteration, addition, or new construction is $5,000,000
16 or more, the fee shall be the greater of $11,000 or 0.11%
17 of that value, but shall not exceed $40,000.
18 The fees provided in this subsection (d) shall not apply
19 to major construction projects involving facility changes
20 that are required by Department rule amendments.
21 The fees provided in this subsection (d) shall also not
22 apply to major construction projects if 51% or more of the
23 estimated cost of the project is attributed to capital
24 equipment. For major construction projects where 51% or more
25 of the estimated cost of the project is attributed to capital
26 equipment, the Department shall by rule establish a fee that
27 is reasonably related to the cost of reviewing the project.
28 The Department shall not commence the facility plan
29 review process under this Section until the applicable fee
30 has been paid.
31 (e) All fees received by the Department under this
32 Section shall be deposited into the Health Facility Plan
33 Review Fund, a special fund created in the State treasury.
34 All fees paid by hospitals under subsection (d) shall be used
SB1473 Enrolled -17- LRB9011352LDdv
1 only to cover the costs relating to the Department's review
2 of hospital projects under this Section. Moneys shall be
3 appropriated from that Fund to the Department only to pay the
4 costs of conducting reviews under this Section. None of the
5 moneys in the Health Facility Plan Review Fund shall be used
6 to reduce the amount of General Revenue Fund moneys
7 appropriated to the Department for facility plan reviews
8 conducted pursuant to this Section.
9 (f) (1) The provisions of this amendatory Act of 1997
10 concerning drawings and specifications shall apply only
11 to drawings and specifications submitted to the
12 Department on or after October 1, 1997.
13 (2) On and after the effective date of this
14 amendatory Act of 1997 and before October 1, 1997, an
15 applicant may submit or resubmit drawings and
16 specifications to the Department and pay the fees
17 provided in subsection (d). If an applicant pays the
18 fees provided in subsection (d) under this paragraph (2),
19 the provisions of subsection (b) shall apply with regard
20 to those drawings and specifications.
21 (g) The Department shall conduct an on-site inspection
22 of the completed project no later than 30 days after
23 notification from the applicant that the project has been
24 completed and all certifications required by the Department
25 have been received and accepted by the Department. The
26 Department shall provide written approval for occupancy to
27 the applicant within 5 working days of the Department's final
28 inspection, provided the applicant has demonstrated
29 substantial compliance as defined by Department rule.
30 Occupancy of new major construction is prohibited until
31 Department approval is received, unless the Department has
32 not acted within the time frames provided in this subsection
33 (g), in which case the construction shall be deemed approved.
34 Occupancy shall be authorized If the plans and drawings are
SB1473 Enrolled -18- LRB9011352LDdv
1 approved pursuant to subsection (b), occupancy shall be
2 allowed after any required health inspection by the
3 Department has been conducted.
4 (h) The Department shall establish, by rule, a procedure
5 to conduct interim on-site review of large or complex
6 construction projects.
7 (i) The Department shall establish, by rule, an
8 expedited process for emergency repairs or replacement of
9 like equipment.
10 (j) Nothing in this Section shall be construed to apply
11 to maintenance, upkeep, or renovation that does not affect
12 the structural integrity of the building, does not add beds
13 or services over the number for which the facility is
14 licensed, and provides a reasonable degree of safety for the
15 patients.
16 (Source: P.A. 90-327, eff. 8-8-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.