State of Illinois
90th General Assembly
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[ Senate Amendment 002 ][ Senate Amendment 003 ]

90_SB1473eng

      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 Engrossed                               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 $100,000 $5,000, architectural
14    drawings  and  specifications  therefor shall be submitted to
15    the 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
SB1473 Engrossed            -2-                LRB9011352LDdv
 1    applicant  whether the applicant's submission is complete  or
 2    incomplete.   Failure  to  provide  the  applicant  with this
 3    notice within 10 working days shall result in the  submission
 4    being  deemed  complete for purposes of initiating the 60-day
 5    review period under  this  Section.   If  the  submission  is
 6    incomplete,  the Department shall inform the applicant of the
 7    deficiencies  with  the  submission  in  writing.    If   the
 8    submission is complete and the required fee, if any, has been
 9    paid, the Department shall approve or disapprove drawings and
10    specifications  submitted  to the Department no later than 60
11    days following receipt by the Department.  The  drawings  and
12    specifications  shall be of sufficient detail, as provided by
13    Department  rule,  to  enable  the  Department  to  render  a
14    determination of  compliance  with  design  and  construction
15    standards  under  this Act.  If the Department finds that the
16    drawings are not of sufficient detail  for  it  to  render  a
17    determination of compliance, the plans shall be determined to
18    be  incomplete  and  shall  not be considered for purposes of
19    initiating the 60 day  review  period.  If  a  submission  of
20    drawings  and specifications is incomplete, the applicant may
21    submit additional  information.   The  60-day  review  period
22    shall  not  commence  until  the Department determines that a
23    submission of drawings and specifications is complete or  the
24    submission  is  deemed  complete.  If  the Department has not
25    approved  or  disapproved  the  drawings  and  specifications
26    within  60  days,  the  construction,  major  alteration,  or
27    addition shall be  deemed  approved.   If  the  drawings  and
28    specifications are disapproved, the Department shall state in
29    writing,  with  specificity, the reasons for the disapproval.
30    The entity submitting the  drawings  and  specifications  may
31    submit  additional  information  in  response  to the written
32    comments from the Department or request a reconsideration  of
33    the disapproval.  A final decision of approval or disapproval
34    shall be made within 45 days of the receipt of the additional
SB1473 Engrossed            -3-                LRB9011352LDdv
 1    information  or  reconsideration  request.   If  denied,  the
 2    Department shall state the specific reasons for the denial.
 3        (c)  The  Department  shall  provide written approval for
 4    occupancy pursuant to subsection (g) and shall  not  issue  a
 5    violation  to  a  facility  as  a  result  of  a licensure or
 6    complaint survey based upon the facility's physical structure
 7    if:
 8             (1)  the Department reviewed and approved or  deemed
 9        approved  the  drawings and specifications for compliance
10        with design and construction standards;
11             (2)  the construction, major alteration, or addition
12        was built as submitted;
13             (3)  the law or rules have not  been  amended  since
14        the original approval; and
15             (4)  the  conditions  at  the facility indicate that
16        there is a reasonable degree of safety provided  for  the
17        patients violation does not create a direct threat to the
18        health, safety, or welfare of a resident.
19        (d)  The  Department  shall  charge the following fees in
20    connection with its reviews conducted before  June  30,  2000
21    under this Section:
22             (1)  (Blank).  If  the estimated dollar value of the
23        alteration, addition, or new construction  is  $5,000  or
24        more  but less than $25,000, the fee shall be the greater
25        of $300 or 6% of that value.
26             (2)  (Blank). If the estimated dollar value  of  the
27        alteration,  addition,  or new construction is $25,000 or
28        more but less than $100,000, the fee shall be the greater
29        of $1,500 or 2.4% of that value.
30             (3)  If  the   estimated   dollar   value   of   the
31        alteration,  addition, or new construction is $100,000 or
32        more but less than $500,000, the fee shall be the greater
33        of $2,400 or 1.2% of that value.
34             (4)  If  the   estimated   dollar   value   of   the
SB1473 Engrossed            -4-                LRB9011352LDdv
 1        alteration,  addition, or new construction is $500,000 or
 2        more but less than  $1,000,000,  the  fee  shall  be  the
 3        greater of $6,000 or 0.96% of that value.
 4             (5)  If   the   estimated   dollar   value   of  the
 5        alteration, addition, or new construction  is  $1,000,000
 6        or  more  but  less than $5,000,000, the fee shall be the
 7        greater of $9,600 or 0.22% of that value.
 8             (6)  If  the   estimated   dollar   value   of   the
 9        alteration,  addition,  or new construction is $5,000,000
10        or more, the fee shall be the greater of $11,000 or 0.11%
11        of that value, but shall not exceed $40,000.
12        The fees provided in this subsection (d) shall not  apply
13    to  major  construction  projects  involving facility changes
14    that are required by Department rule amendments.
15        The fees provided in this subsection (d) shall  also  not
16    apply  to  major  construction projects if 51% or more of the
17    estimated cost  of  the  project  is  attributed  to  capital
18    equipment.  For major construction projects where 51% or more
19    of the estimated cost of the project is attributed to capital
20    equipment,  the Department shall by rule establish a fee that
21    is reasonably related to the cost of reviewing the project.
22        The Department  shall  not  commence  the  facility  plan
23    review  process  under  this Section until the applicable fee
24    has been paid.
25        (e)  All fees  received  by  the  Department  under  this
26    Section  shall  be  deposited  into  the Health Facility Plan
27    Review Fund, a special fund created in  the  State  Treasury.
28    Moneys shall be appropriated from that Fund to the Department
29    only  to  pay  the  costs  of  conducting  reviews under this
30    Section. All  fees  paid  by  ambulatory  surgical  treatment
31    centers  under subsection (d) shall be used only to cover the
32    costs relating  to  the  Department's  review  of  ambulatory
33    surgical  treatment  center projects under this Section. None
34    of the moneys in the Health Facility Plan Review  Fund  shall
SB1473 Engrossed            -5-                LRB9011352LDdv
 1    be  used  to reduce the amount of General Revenue Fund moneys
 2    appropriated to the  Department  for  facility  plan  reviews
 3    conducted pursuant to this Section.
 4        (f) (1)  The  provisions  of  this amendatory Act of 1997
 5        concerning drawings and specifications shall  apply  only
 6        to   drawings   and   specifications   submitted  to  the
 7        Department on or after October 1, 1997.
 8             (2)  On  and  after  the  effective  date  of   this
 9        amendatory  Act  of  1997  and before October 1, 1997, an
10        applicant   may   submit   or   resubmit   drawings   and
11        specifications  to  the  Department  and  pay  the   fees
12        provided  in  subsection  (d).   If an applicant pays the
13        fees provided in subsection (d) under this paragraph (2),
14        the provisions of subsection (b) shall apply with  regard
15        to those drawings and specifications.
16        (g)  The  Department  shall conduct an on-site inspection
17    of  the  completed  project  no  later  than  30  days  after
18    notification from the applicant that  the  project  has  been
19    completed  and  all certifications required by the Department
20    have been received  and  accepted  by  the  Department.   The
21    Department  shall  provide  written approval for occupancy to
22    the applicant within 5 working days of the Department's final
23    inspection,   provided   the   applicant   has   demonstrated
24    substantial  compliance  as  defined  by   Department   rule.
25    Occupancy  of  new  major  construction  is  prohibited until
26    Department approval is received, unless  the  Department  has
27    not  acted within the time frames provided in this subsection
28    (g), in which case the construction shall be deemed approved.
29    Occupancy shall be authorized If the plans and  drawings  are
30    approved  pursuant  to  subsection  (b),  occupancy  shall be
31    allowed  after  any  required  health   inspection   by   the
32    Department has been conducted.
33        (h)  The Department shall establish, by rule, a procedure
34    to  conduct  interim  on-site  review  of  large  or  complex
SB1473 Engrossed            -6-                LRB9011352LDdv
 1    construction projects.
 2        (i)  The   Department   shall   establish,  by  rule,  an
 3    expedited process for emergency  repairs  or  replacement  of
 4    like equipment.
 5        (j)  Nothing  in this Section shall be construed to apply
 6    to maintenance, upkeep, or renovation that  does  not  affect
 7    the  structural  integrity of the building, does not add beds
 8    or services  over  the  number  for  which  the  facility  is
 9    licensed,  and provides a reasonable degree of safety for the
10    patients.
11    (Source: P.A. 90-327, eff. 8-8-97.)
12        Section 10.  The Nursing Home  Care  Act  is  amended  by
13    changing Section 3-202.5 as follows:
14        (210 ILCS 45/3-202.5)
15        Sec. 3-202.5. Facility plan review; fees.
16        (a)  Before  commencing construction of a new facility or
17    specified types of alteration or  additions  to  an  existing
18    long  term  care  facility  involving  major construction, as
19    defined by rule by the Department, or with an estimated  cost
20    greater  than  $100,000  $5,000,  architectural  drawings and
21    specifications for the facility shall  be  submitted  to  the
22    Department  for  review  and  approval. A facility may submit
23    architectural   drawings   and   specifications   for   other
24    construction projects  for  Department  review  according  to
25    subsection  (b)  that  shall  not  be  subject  to fees under
26    subsection (d). Review of drawings and  specifications  shall
27    be  conducted  by  an  employee of the Department meeting the
28    qualifications  established  by  the  Department  of  Central
29    Management  Services  class  specifications   for   such   an
30    individual's  position  or  by  a person contracting with the
31    Department  who  meets  those  class  specifications.   Final
32    approval of the drawings and  specifications  for  compliance
SB1473 Engrossed            -7-                LRB9011352LDdv
 1    with design and construction standards shall be obtained from
 2    the  Department  before  the  alteration,  addition,  or  new
 3    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 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 Engrossed            -8-                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  drawings 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        residents  violation  does  not create a direct threat to
24        the 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 the 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 Engrossed            -9-                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 long-term care facilities  under  subsection
SB1473 Engrossed            -10-               LRB9011352LDdv
 1    (d)  shall  be  used  only to cover the costs relating to the
 2    Department's review of long-term care facility projects under
 3    this Section. Moneys shall be appropriated from that Fund  to
 4    the  Department  only  to pay the costs of conducting reviews
 5    under this Section. None of the moneys in the Health Facility
 6    Plan Review Fund shall  be  used  to  reduce  the  amount  of
 7    General  Revenue  Fund  moneys appropriated to the Department
 8    for facility plan reviews 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 Engrossed            -11-               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 long-term care
14    facility is licensed, and provides  a  reasonable  degree  of
15    safety for the residents.
16    (Source: P.A. 90-327, eff. 8-8-97.)
17        Section  15.   The  Hospital  Licensing Act is amended by
18    changing Section 8 as follows:
19        (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
20        Sec. 8. Facility plan review; fees.
21        (a)  Before commencing construction of new facilities  or
22    specified  types  of  alteration  or additions to an existing
23    hospital involving major construction, as defined by rule  by
24    the  Department,  or  with  an  estimated  cost  greater than
25    $100,000  $5,000,  architectural  plans  and   specifications
26    therefor shall be submitted by the licensee to the Department
27    for  review and approval. A hospital may submit architectural
28    drawings and specifications for other  construction  projects
29    for  Department review according to subsection (b) that shall
30    not be subject to fees under subsection (d). In the  case  of
31    the  establishment  of a new hospital, the person to whom the
32    Director has issued a permit shall submit architectural plans
SB1473 Engrossed            -12-               LRB9011352LDdv
 1    and specifications to the Department for review and approval.
 2    Review of drawings and specifications shall be  conducted  by
 3    an  employee  of  the  Department  meeting the qualifications
 4    established by the Department of Central Management  Services
 5    class  specifications for such an individual's position or by
 6    a person contracting with  the  Department  who  meets  those
 7    class   specifications.  Final  approval  of  the  plans  and
 8    specifications for compliance with  design  and  construction
 9    standards  shall  be  obtained from the Department before the
10    alteration, addition, or new construction is begun.
11        (b)  The Department shall inform an applicant in  writing
12    within   10   working   days  after  receiving  drawings  and
13    specifications  and  the  required  fee,  if  any,  from  the
14    applicant whether the applicant's submission is  complete  or
15    incomplete.   Failure  to  provide  the  applicant  with this
16    notice within 10 working days shall result in the  submission
17    being  deemed  complete for purposes of initiating the 60-day
18    review period under  this  Section.   If  the  submission  is
19    incomplete,  the Department shall inform the applicant of the
20    deficiencies  with  the  submission  in  writing.    If   the
21    submission is complete and the required fee, if any, has been
22    paid, the Department shall approve or disapprove drawings and
23    specifications  submitted  to the Department no later than 60
24    days following receipt by the Department.  The  drawings  and
25    specifications  shall be of sufficient detail, as provided by
26    Department  rule,  to  enable  the  Department  to  render  a
27    determination of  compliance  with  design  and  construction
28    standards  under  this Act.  If the Department finds that the
29    drawings are not of sufficient detail  for  it  to  render  a
30    determination of compliance, the plans shall be determined to
31    be  incomplete  and  shall  not be considered for purposes of
32    initiating the 60 day  review  period.  If  a  submission  of
33    drawings  and specifications is incomplete, the applicant may
34    submit additional  information.   The  60-day  review  period
SB1473 Engrossed            -13-               LRB9011352LDdv
 1    shall  not  commence  until  the Department determines that a
 2    submission of drawings and specifications is complete or  the
 3    submission  is  deemed  complete.  If  the Department has not
 4    approved  or  disapproved  the  drawings  and  specifications
 5    within  60  days,  the  construction,  major  alteration,  or
 6    addition shall be  deemed  approved.   If  the  drawings  and
 7    specifications are disapproved, the Department shall state in
 8    writing,  with  specificity, the reasons for the disapproval.
 9    The entity submitting the  drawings  and  specifications  may
10    submit  additional  information  in  response  to the written
11    comments from the Department or request a reconsideration  of
12    the disapproval.  A final decision of approval or disapproval
13    shall be made within 45 days of the receipt of the additional
14    information  or  reconsideration  request.   If  denied,  the
15    Department shall state the specific reasons for the denial.
16        (c)  The  Department  shall  provide written approval for
17    occupancy pursuant to subsection (g) and shall  not  issue  a
18    violation  to  a  facility  as  a  result  of  a licensure or
19    complaint survey based upon the facility's physical structure
20    if:
21             (1)  the Department reviewed and approved or  deemed
22        approved  the  drawing  and specifications for compliance
23        with design and construction standards;
24             (2)  the construction, major alteration, or addition
25        was built as submitted;
26             (3)  the law or rules have not  been  amended  since
27        the original approval; and
28             (4)  the  conditions  at  the facility indicate that
29        there is a reasonable degree of safety provided  for  the
30        patients violation does not create a direct threat to the
31        health, safety, or welfare of a resident.
32        (d)  The  Department  shall  charge the following fees in
33    connection with its reviews conducted before  June  30,  2000
34    under this Section:
SB1473 Engrossed            -14-               LRB9011352LDdv
 1             (1)  (Blank).  If  the estimated dollar value of the
 2        alteration, addition, or new construction  is  $5,000  or
 3        more  but less than $25,000, the fee shall be the greater
 4        of $300 or 6% of that value.
 5             (2)  (Blank). If the estimated dollar value  of  the
 6        alteration,  addition,  or new construction is $25,000 or
 7        more but less than $100,000, the fee shall be the greater
 8        of $1,500 or 2.4% of that value.
 9             (3)  If  the   estimated   dollar   value   of   the
10        alteration,  addition, or new construction is $100,000 or
11        more but less than $500,000, the fee shall be the greater
12        of $2,400 or 1.2% of that value.
13             (4)  If  the   estimated   dollar   value   of   the
14        alteration,  addition, or new construction is $500,000 or
15        more but less than  $1,000,000,  the  fee  shall  be  the
16        greater of $6,000 or 0.96% of that value.
17             (5)  If   the   estimated   dollar   value   of  the
18        alteration, addition, or new construction  is  $1,000,000
19        or  more  but  less than $5,000,000, the fee shall be the
20        greater of $9,600 or 0.22% of that value.
21             (6)  If  the   estimated   dollar   value   of   the
22        alteration,  addition,  or new construction is $5,000,000
23        or more, the fee shall be the greater of $11,000 or 0.11%
24        of that value, but shall not exceed $40,000.
25        The fees provided in this subsection (d) shall not  apply
26    to  major  construction  projects  involving facility changes
27    that are required by Department rule amendments.
28        The fees provided in this subsection (d) shall  also  not
29    apply  to  major  construction projects if 51% or more of the
30    estimated cost  of  the  project  is  attributed  to  capital
31    equipment.  For major construction projects where 51% or more
32    of the estimated cost of the project is attributed to capital
33    equipment,  the Department shall by rule establish a fee that
34    is reasonably related to the cost of reviewing the project.
SB1473 Engrossed            -15-               LRB9011352LDdv
 1        The Department  shall  not  commence  the  facility  plan
 2    review  process  under  this Section until the applicable fee
 3    has been paid.
 4        (e)  All fees  received  by  the  Department  under  this
 5    Section  shall  be  deposited  into  the Health Facility Plan
 6    Review Fund, a special fund created in  the  State  treasury.
 7    All fees paid by hospitals under subsection (d) shall be used
 8    only  to  cover the costs relating to the Department's review
 9    of hospital projects under  this  Section.  Moneys  shall  be
10    appropriated from that Fund to the Department only to pay the
11    costs  of  conducting reviews under this Section. None of the
12    moneys in the Health Facility Plan Review Fund shall be  used
13    to   reduce   the  amount  of  General  Revenue  Fund  moneys
14    appropriated to the  Department  for  facility  plan  reviews
15    conducted pursuant to this Section.
16        (f) (1)  The  provisions  of  this amendatory Act of 1997
17        concerning drawings and specifications shall  apply  only
18        to   drawings   and   specifications   submitted  to  the
19        Department on or after October 1, 1997.
20             (2)  On  and  after  the  effective  date  of   this
21        amendatory  Act  of  1997  and before October 1, 1997, an
22        applicant   may   submit   or   resubmit   drawings   and
23        specifications  to  the  Department  and  pay  the   fees
24        provided  in  subsection  (d).   If an applicant pays the
25        fees provided in subsection (d) under this paragraph (2),
26        the provisions of subsection (b) shall apply with  regard
27        to those drawings and specifications.
28        (g)  The  Department  shall conduct an on-site inspection
29    of  the  completed  project  no  later  than  30  days  after
30    notification from the applicant that  the  project  has  been
31    completed  and  all certifications required by the Department
32    have been received  and  accepted  by  the  Department.   The
33    Department  shall  provide  written approval for occupancy to
34    the applicant within 5 working days of the Department's final
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 1    inspection,   provided   the   applicant   has   demonstrated
 2    substantial  compliance  as  defined  by   Department   rule.
 3    Occupancy  of  new  major  construction  is  prohibited until
 4    Department approval is received, unless  the  Department  has
 5    not  acted within the time frames provided in this subsection
 6    (g), in which case the construction shall be deemed approved.
 7    Occupancy shall be authorized If the plans and  drawings  are
 8    approved  pursuant  to  subsection  (b),  occupancy  shall be
 9    allowed  after  any  required  health   inspection   by   the
10    Department has been conducted.
11        (h)  The Department shall establish, by rule, a procedure
12    to  conduct  interim  on-site  review  of  large  or  complex
13    construction projects.
14        (i)  The   Department   shall   establish,  by  rule,  an
15    expedited process for emergency  repairs  or  replacement  of
16    like equipment.
17        (j)  Nothing  in this Section shall be construed to apply
18    to maintenance, upkeep, or renovation that  does  not  affect
19    the  structural  integrity of the building, does not add beds
20    or services  over  the  number  for  which  the  facility  is
21    licensed,  and provides a reasonable degree of safety for the
22    patients.
23    (Source: P.A. 90-327, eff. 8-8-97.)
24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.

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