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90_SB1473sam003
LRB9011352LDpkam
1 AMENDMENT TO SENATE BILL 1473
2 AMENDMENT NO. . Amend Senate Bill 1473, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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
-2- LRB9011352LDpkam
1 individual's position or by a person contracting with the
2 Department who meets those class specifications. Final
3 approval of the drawings and specifications for compliance
4 with design and construction standards shall be obtained from
5 the Department before the alteration, addition, or new
6 construction is begun.
7 (b) The Department shall inform an applicant in writing
8 within 10 working days after receiving drawings and
9 specifications and the required fee, if any, from the
10 applicant whether the applicant's submission is complete or
11 incomplete. Failure to provide the applicant with this
12 notice within 10 working days shall result in the submission
13 being deemed complete for purposes of initiating the 60-day
14 review period under this Section. If the submission is
15 incomplete, the Department shall inform the applicant of the
16 deficiencies with the submission in writing. If the
17 submission is complete and the required fee, if any, has been
18 paid, the Department shall approve or disapprove drawings and
19 specifications submitted to the Department no later than 60
20 days following receipt by the Department. The drawings and
21 specifications shall be of sufficient detail, as provided by
22 Department rule, to enable the Department to render a
23 determination of compliance with design and construction
24 standards under this Act. If the Department finds that the
25 drawings are not of sufficient detail for it to render a
26 determination of compliance, the plans shall be determined to
27 be incomplete and shall not be considered for purposes of
28 initiating the 60 day review period. If a submission of
29 drawings and specifications is incomplete, the applicant may
30 submit additional information. The 60-day review period
31 shall not commence until the Department determines that a
32 submission of drawings and specifications is complete or the
33 submission is deemed complete. If the Department has not
34 approved or disapproved the drawings and specifications
-3- LRB9011352LDpkam
1 within 60 days, the construction, major alteration, or
2 addition shall be deemed approved. If the drawings and
3 specifications are disapproved, the Department shall state in
4 writing, with specificity, the reasons for the disapproval.
5 The entity submitting the drawings and specifications may
6 submit additional information in response to the written
7 comments from the Department or request a reconsideration of
8 the disapproval. A final decision of approval or disapproval
9 shall be made within 45 days of the receipt of the additional
10 information or reconsideration request. If denied, the
11 Department shall state the specific reasons for the denial.
12 (c) The Department shall provide written approval for
13 occupancy pursuant to subsection (g) and shall not issue a
14 violation to a facility as a result of a licensure or
15 complaint survey based upon the facility's physical structure
16 if:
17 (1) the Department reviewed and approved or deemed
18 approved the drawings and specifications for compliance
19 with design and construction standards;
20 (2) the construction, major alteration, or addition
21 was built as submitted;
22 (3) the law or rules have not been amended since
23 the original approval; and
24 (4) the conditions at the facility indicate that
25 there is a reasonable degree of safety provided for the
26 patients violation does not create a direct threat to the
27 health, safety, or welfare of a resident.
28 (d) The Department shall charge the following fees in
29 connection with its reviews conducted before June 30, 2000
30 under this Section:
31 (1) (Blank). If the estimated dollar value of the
32 alteration, addition, or new construction is $5,000 or
33 more but less than $25,000, the fee shall be the greater
34 of $300 or 6% of that value.
-4- LRB9011352LDpkam
1 (2) (Blank). If the estimated dollar value of the
2 alteration, addition, or new construction is $25,000 or
3 more but less than $100,000, the fee shall be the greater
4 of $1,500 or 2.4% of that value.
5 (3) If the estimated dollar value of the
6 alteration, addition, or new construction is $100,000 or
7 more but less than $500,000, the fee shall be the greater
8 of $2,400 or 1.2% of that value.
9 (4) If the estimated dollar value of the
10 alteration, addition, or new construction is $500,000 or
11 more but less than $1,000,000, the fee shall be the
12 greater of $6,000 or 0.96% of that value.
13 (5) If the estimated dollar value of the
14 alteration, addition, or new construction is $1,000,000
15 or more but less than $5,000,000, the fee shall be the
16 greater of $9,600 or 0.22% of that value.
17 (6) If the estimated dollar value of the
18 alteration, addition, or new construction is $5,000,000
19 or more, the fee shall be the greater of $11,000 or 0.11%
20 of that value, but shall not exceed $40,000.
21 The fees provided in this subsection (d) shall not apply
22 to major construction projects involving facility changes
23 that are required by Department rule amendments.
24 The fees provided in this subsection (d) shall also not
25 apply to major construction projects if 51% or more of the
26 estimated cost of the project is attributed to capital
27 equipment. For major construction projects where 51% or more
28 of the estimated cost of the project is attributed to capital
29 equipment, the Department shall by rule establish a fee that
30 is reasonably related to the cost of reviewing the project.
31 The Department shall not commence the facility plan
32 review process under this Section until the applicable fee
33 has been paid.
34 (e) All fees received by the Department under this
-5- LRB9011352LDpkam
1 Section shall be deposited into the Health Facility Plan
2 Review Fund, a special fund created in the State Treasury.
3 Moneys shall be appropriated from that Fund to the Department
4 only to pay the costs of conducting reviews under this
5 Section. All fees paid by ambulatory surgical treatment
6 centers under subsection (d) shall be used only to cover the
7 costs relating to the Department's review of ambulatory
8 surgical treatment center projects under this Section. None
9 of the moneys in the Health Facility Plan Review Fund shall
10 be used to reduce the amount of General Revenue Fund moneys
11 appropriated to the Department for facility plan reviews
12 conducted pursuant to this Section.
13 (f) (1) The provisions of this amendatory Act of 1997
14 concerning drawings and specifications shall apply only
15 to drawings and specifications submitted to the
16 Department on or after October 1, 1997.
17 (2) On and after the effective date of this
18 amendatory Act of 1997 and before October 1, 1997, an
19 applicant may submit or resubmit drawings and
20 specifications to the Department and pay the fees
21 provided in subsection (d). If an applicant pays the
22 fees provided in subsection (d) under this paragraph (2),
23 the provisions of subsection (b) shall apply with regard
24 to those drawings and specifications.
25 (g) The Department shall conduct an on-site inspection
26 of the completed project no later than 30 days after
27 notification from the applicant that the project has been
28 completed and all certifications required by the Department
29 have been received and accepted by the Department. The
30 Department shall provide written approval for occupancy to
31 the applicant within 5 working days of the Department's final
32 inspection, provided the applicant has demonstrated
33 substantial compliance as defined by Department rule.
34 Occupancy of new major construction is prohibited until
-6- LRB9011352LDpkam
1 Department approval is received, unless the Department has
2 not acted within the time frames provided in this subsection
3 (g), in which case the construction shall be deemed approved.
4 Occupancy shall be authorized If the plans and drawings are
5 approved pursuant to subsection (b), occupancy shall be
6 allowed after any required health inspection by the
7 Department has been conducted.
8 (h) The Department shall establish, by rule, a procedure
9 to conduct interim on-site review of large or complex
10 construction projects.
11 (i) The Department shall establish, by rule, an
12 expedited process for emergency repairs or replacement of
13 like equipment.
14 (j) Nothing in this Section shall be construed to apply
15 to maintenance, upkeep, or renovation that does not affect
16 the structural integrity of the building, does not add beds
17 or services over the number for which the facility is
18 licensed, and provides a reasonable degree of safety for the
19 patients.
20 (Source: P.A. 90-327, eff. 8-8-97.)
21 Section 10. The Nursing Home Care Act is amended by
22 changing Section 3-202.5 as follows:
23 (210 ILCS 45/3-202.5)
24 Sec. 3-202.5. Facility plan review; fees.
25 (a) Before commencing construction of a new facility or
26 specified types of alteration or additions to an existing
27 long term care facility involving major construction, as
28 defined by rule by the Department, or with an estimated cost
29 greater than $100,000 $5,000, architectural drawings and
30 specifications for the facility shall be submitted to the
31 Department for review and approval. A facility may submit
32 architectural drawings and specifications for other
-7- LRB9011352LDpkam
1 construction projects for Department review according to
2 subsection (b) that shall not be subject to fees under
3 subsection (d). Review of drawings and specifications shall
4 be conducted by an employee of the Department meeting the
5 qualifications established by the Department of Central
6 Management Services class specifications for such an
7 individual's position or by a person contracting with the
8 Department who meets those class specifications. Final
9 approval of the drawings and specifications for compliance
10 with design and construction standards shall be obtained from
11 the Department before the alteration, addition, or new
12 construction is begun.
13 (b) The Department shall inform an applicant in writing
14 within 10 working days after receiving drawings and
15 specifications and the required fee, if any, from the
16 applicant whether the applicant's submission is complete or
17 incomplete. Failure to provide the applicant with this
18 notice within 10 working days shall result in the submission
19 being deemed complete for purposes of initiating the 60-day
20 review period under this Section. If the submission is
21 incomplete, the Department shall inform the applicant of the
22 deficiencies with the submission in writing. If the
23 submission is complete the required fee, if any, has been
24 paid, the Department shall approve or disapprove drawings and
25 specifications submitted to the Department no later than 60
26 days following receipt by the Department. The drawings and
27 specifications shall be of sufficient detail, as provided by
28 Department rule, to enable the Department to render a
29 determination of compliance with design and construction
30 standards under this Act. If the Department finds that the
31 drawings are not of sufficient detail for it to render a
32 determination of compliance, the plans shall be determined to
33 be incomplete and shall not be considered for purposes of
34 initiating the 60 day review period. If a submission of
-8- LRB9011352LDpkam
1 drawings and specifications is incomplete, the applicant may
2 submit additional information. The 60-day review period
3 shall not commence until the Department determines that a
4 submission of drawings and specifications is complete or the
5 submission is deemed complete. If the Department has not
6 approved or disapproved the drawings and specifications
7 within 60 days, the construction, major alteration, or
8 addition shall be deemed approved. If the drawings and
9 specifications are disapproved, the Department shall state in
10 writing, with specificity, the reasons for the disapproval.
11 The entity submitting the drawings and specifications may
12 submit additional information in response to the written
13 comments from the Department or request a reconsideration of
14 the disapproval. A final decision of approval or disapproval
15 shall be made within 45 days of the receipt of the additional
16 information or reconsideration request. If denied, the
17 Department shall state the specific reasons for the denial.
18 (c) The Department shall provide written approval for
19 occupancy pursuant to subsection (g) and shall not issue a
20 violation to a facility as a result of a licensure or
21 complaint survey based upon the facility's physical structure
22 if:
23 (1) the Department reviewed and approved or deemed
24 approved the drawings and specifications for compliance
25 with design and construction standards;
26 (2) the construction, major alteration, or addition
27 was built as submitted;
28 (3) the law or rules have not been amended since
29 the original approval; and
30 (4) the conditions at the facility indicate that
31 there is a reasonable degree of safety provided for the
32 residents violation does not create a direct threat to
33 the health, safety, or welfare of a resident.
34 (d) The Department shall charge the following fees in
-9- LRB9011352LDpkam
1 connection with its reviews conducted before June 30, 2000
2 under this Section:
3 (1) (Blank). If the estimated dollar value of the
4 alteration, addition, or new construction is $5,000 or
5 more but less than $25,000, the fee shall be the greater
6 of $300 or 6% of the value.
7 (2) (Blank). If the estimated dollar value of the
8 alteration, addition, or new construction is $25,000 or
9 more but less than $100,000, the fee shall be the greater
10 of $1,500 or 2.4% of that value.
11 (3) If the estimated dollar value of the
12 alteration, addition, or new construction is $100,000 or
13 more but less than $500,000, the fee shall be the greater
14 of $2,400 or 1.2% of that value.
15 (4) If the estimated dollar value of the
16 alteration, addition, or new construction is $500,000 or
17 more but less than $1,000,000, the fee shall be the
18 greater of $6,000 or 0.96% of that value.
19 (5) If the estimated dollar value of the
20 alteration, addition, or new construction is $1,000,000
21 or more but less than $5,000,000, the fee shall be the
22 greater of $9,600 or 0.22% of that value.
23 (6) If the estimated dollar value of the
24 alteration, addition, or new construction is $5,000,000
25 or more, the fee shall be the greater of $11,000 or 0.11%
26 of that value, but shall not exceed $40,000.
27 The fees provided in this subsection (d) shall not apply
28 to major construction projects involving facility changes
29 that are required by Department rule amendments.
30 The fees provided in this subsection (d) shall also not
31 apply to major construction projects if 51% or more of the
32 estimated cost of the project is attributed to capital
33 equipment. For major construction projects where 51% or more
34 of the estimated cost of the project is attributed to capital
-10- LRB9011352LDpkam
1 equipment, the Department shall by rule establish a fee that
2 is reasonably related to the cost of reviewing the project.
3 The Department shall not commence the facility plan
4 review process under this Section until the applicable fee
5 has been paid.
6 (e) All fees received by the Department under this
7 Section shall be deposited into the Health Facility Plan
8 Review Fund, a special fund created in the State Treasury.
9 All fees paid by long-term care facilities under subsection
10 (d) shall be used only to cover the costs relating to the
11 Department's review of long-term care facility projects under
12 this Section. Moneys shall be appropriated from that Fund to
13 the Department only to pay the costs of conducting reviews
14 under this Section. None of the moneys in the Health Facility
15 Plan Review Fund shall be used to reduce the amount of
16 General Revenue Fund moneys appropriated to the Department
17 for facility plan reviews conducted pursuant to this Section.
18 (f) (1) The provisions of this amendatory Act of 1997
19 concerning drawings and specifications shall apply only
20 to drawings and specifications submitted to the
21 Department on or after October 1, 1997.
22 (2) On and after the effective date of this
23 amendatory Act of 1997 and before October 1, 1997, an
24 applicant may submit or resubmit drawings and
25 specifications to the Department and pay the fees
26 provided in subsection (d). If an applicant pays the
27 fees provided in subsection (d) under this paragraph (2),
28 the provisions of subsection (b) shall apply with regard
29 to those drawings and specifications.
30 (g) The Department shall conduct an on-site inspection
31 of the completed project no later than 30 days after
32 notification from the applicant that the project has been
33 completed and all certifications required by the Department
34 have been received and accepted by the Department. The
-11- LRB9011352LDpkam
1 Department shall provide written approval for occupancy to
2 the applicant within 5 working days of the Department's final
3 inspection, provided the applicant has demonstrated
4 substantial compliance as defined by Department rule.
5 Occupancy of new major construction is prohibited until
6 Department approval is received, unless the Department has
7 not acted within the time frames provided in this subsection
8 (g), in which case the construction shall be deemed approved.
9 Occupancy shall be authorized If the plans and drawings are
10 approved pursuant to subsection (b), occupancy shall be
11 allowed after any required health inspection by the
12 Department has been conducted.
13 (h) The Department shall establish, by rule, a procedure
14 to conduct interim on-site review of large or complex
15 construction projects.
16 (i) The Department shall establish, by rule, an
17 expedited process for emergency repairs or replacement of
18 like equipment.
19 (j) Nothing in this Section shall be construed to apply
20 to maintenance, upkeep, or renovation that does not affect
21 the structural integrity of the building, does not add beds
22 or services over the number for which the long-term care
23 facility is licensed, and provides a reasonable degree of
24 safety for the residents.
25 (Source: P.A. 90-327, eff. 8-8-97.)
26 Section 15. The Hospital Licensing Act is amended by
27 changing Section 8 as follows:
28 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
29 Sec. 8. Facility plan review; fees.
30 (a) Before commencing construction of new facilities or
31 specified types of alteration or additions to an existing
32 hospital involving major construction, as defined by rule by
-12- LRB9011352LDpkam
1 the Department, or with an estimated cost greater than
2 $100,000 $5,000, architectural plans and specifications
3 therefor shall be submitted by the licensee to the Department
4 for review and approval. A hospital may submit architectural
5 drawings and specifications for other construction projects
6 for Department review according to subsection (b) that shall
7 not be subject to fees under subsection (d). In the case of
8 the establishment of a new hospital, the person to whom the
9 Director has issued a permit shall submit architectural plans
10 and specifications to the Department for review and approval.
11 Review of drawings and specifications shall be conducted by
12 an employee of the Department meeting the qualifications
13 established by the Department of Central Management Services
14 class specifications for such an individual's position or by
15 a person contracting with the Department who meets those
16 class specifications. Final approval of the plans 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 inform an applicant in writing
21 within 10 working days after receiving drawings and
22 specifications and the required fee, if any, from the
23 applicant whether the applicant's submission is complete or
24 incomplete. Failure to provide the applicant with this
25 notice within 10 working days shall result in the submission
26 being deemed complete for purposes of initiating the 60-day
27 review period under this Section. If the submission is
28 incomplete, the Department shall inform the applicant of the
29 deficiencies with the submission in writing. If the
30 submission is complete and the required fee, if any, has been
31 paid, the Department shall approve or disapprove drawings and
32 specifications submitted to the Department no later than 60
33 days following receipt by the Department. The drawings and
34 specifications shall be of sufficient detail, as provided by
-13- LRB9011352LDpkam
1 Department rule, to enable the Department to render a
2 determination of compliance with design and construction
3 standards under this Act. If the Department finds that the
4 drawings are not of sufficient detail for it to render a
5 determination of compliance, the plans shall be determined to
6 be incomplete and shall not be considered for purposes of
7 initiating the 60 day review period. If a submission of
8 drawings and specifications is incomplete, the applicant may
9 submit additional information. The 60-day review period
10 shall not commence until the Department determines that a
11 submission of drawings and specifications is complete or the
12 submission is deemed complete. If the Department has not
13 approved or disapproved the drawings and specifications
14 within 60 days, the construction, major alteration, or
15 addition shall be deemed approved. If the drawings and
16 specifications are disapproved, the Department shall state in
17 writing, with specificity, the reasons for the disapproval.
18 The entity submitting the drawings and specifications may
19 submit additional information in response to the written
20 comments from the Department or request a reconsideration of
21 the disapproval. A final decision of approval or disapproval
22 shall be made within 45 days of the receipt of the additional
23 information or reconsideration request. If denied, the
24 Department shall state the specific reasons for the denial.
25 (c) The Department shall provide written approval for
26 occupancy pursuant to subsection (g) and shall not issue a
27 violation to a facility as a result of a licensure or
28 complaint survey based upon the facility's physical structure
29 if:
30 (1) the Department reviewed and approved or deemed
31 approved the drawing and specifications for compliance
32 with design and construction standards;
33 (2) the construction, major alteration, or addition
34 was built as submitted;
-14- LRB9011352LDpkam
1 (3) the law or rules have not been amended since
2 the original approval; and
3 (4) the conditions at the facility indicate that
4 there is a reasonable degree of safety provided for the
5 patients violation does not create a direct threat to the
6 health, safety, or welfare of a resident.
7 (d) The Department shall charge the following fees in
8 connection with its reviews conducted before June 30, 2000
9 under this Section:
10 (1) (Blank). If the estimated dollar value of the
11 alteration, addition, or new construction is $5,000 or
12 more but less than $25,000, the fee shall be the greater
13 of $300 or 6% of that value.
14 (2) (Blank). If the estimated dollar value of the
15 alteration, addition, or new construction is $25,000 or
16 more but less than $100,000, the fee shall be the greater
17 of $1,500 or 2.4% of that value.
18 (3) If the estimated dollar value of the
19 alteration, addition, or new construction is $100,000 or
20 more but less than $500,000, the fee shall be the greater
21 of $2,400 or 1.2% of that value.
22 (4) If the estimated dollar value of the
23 alteration, addition, or new construction is $500,000 or
24 more but less than $1,000,000, the fee shall be the
25 greater of $6,000 or 0.96% of that value.
26 (5) If the estimated dollar value of the
27 alteration, addition, or new construction is $1,000,000
28 or more but less than $5,000,000, the fee shall be the
29 greater of $9,600 or 0.22% of that value.
30 (6) If the estimated dollar value of the
31 alteration, addition, or new construction is $5,000,000
32 or more, the fee shall be the greater of $11,000 or 0.11%
33 of that value, but shall not exceed $40,000.
34 The fees provided in this subsection (d) shall not apply
-15- LRB9011352LDpkam
1 to major construction projects involving facility changes
2 that are required by Department rule amendments.
3 The fees provided in this subsection (d) shall also not
4 apply to major construction projects if 51% or more of the
5 estimated cost of the project is attributed to capital
6 equipment. For major construction projects where 51% or more
7 of the estimated cost of the project is attributed to capital
8 equipment, the Department shall by rule establish a fee that
9 is reasonably related to the cost of reviewing the project.
10 The Department shall not commence the facility plan
11 review process under this Section until the applicable fee
12 has been paid.
13 (e) All fees received by the Department under this
14 Section shall be deposited into the Health Facility Plan
15 Review Fund, a special fund created in the State treasury.
16 All fees paid by hospitals under subsection (d) shall be used
17 only to cover the costs relating to the Department's review
18 of hospital projects under this Section. Moneys shall be
19 appropriated from that Fund to the Department only to pay the
20 costs of conducting reviews under this Section. None of the
21 moneys in the Health Facility Plan Review Fund shall be used
22 to reduce the amount of General Revenue Fund moneys
23 appropriated to the Department for facility plan reviews
24 conducted pursuant to this Section.
25 (f) (1) The provisions of this amendatory Act of 1997
26 concerning drawings and specifications shall apply only
27 to drawings and specifications submitted to the
28 Department on or after October 1, 1997.
29 (2) On and after the effective date of this
30 amendatory Act of 1997 and before October 1, 1997, an
31 applicant may submit or resubmit drawings and
32 specifications to the Department and pay the fees
33 provided in subsection (d). If an applicant pays the
34 fees provided in subsection (d) under this paragraph (2),
-16- LRB9011352LDpkam
1 the provisions of subsection (b) shall apply with regard
2 to those drawings and specifications.
3 (g) The Department shall conduct an on-site inspection
4 of the completed project no later than 30 days after
5 notification from the applicant that the project has been
6 completed and all certifications required by the Department
7 have been received and accepted by the Department. The
8 Department shall provide written approval for occupancy to
9 the applicant within 5 working days of the Department's final
10 inspection, provided the applicant has demonstrated
11 substantial compliance as defined by Department rule.
12 Occupancy of new major construction is prohibited until
13 Department approval is received, unless the Department has
14 not acted within the time frames provided in this subsection
15 (g), in which case the construction shall be deemed approved.
16 Occupancy shall be authorized If the plans and drawings are
17 approved pursuant to subsection (b), occupancy shall be
18 allowed after any required health inspection by the
19 Department has been conducted.
20 (h) The Department shall establish, by rule, a procedure
21 to conduct interim on-site review of large or complex
22 construction projects.
23 (i) The Department shall establish, by rule, an
24 expedited process for emergency repairs or replacement of
25 like equipment.
26 (j) Nothing in this Section shall be construed to apply
27 to maintenance, upkeep, or renovation that does not affect
28 the structural integrity of the building, does not add beds
29 or services over the number for which the facility is
30 licensed, and provides a reasonable degree of safety for the
31 patients.
32 (Source: P.A. 90-327, eff. 8-8-97.)
33 Section 99. Effective date. This Act takes effect upon
-17- LRB9011352LDpkam
1 becoming law.".