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Public Act 103-0714 Public Act 0714 103RD GENERAL ASSEMBLY | Public Act 103-0714 | HB5429 Enrolled | LRB103 39499 CES 69696 b |
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| AN ACT concerning regulation. | Be it enacted by the People of the State of Illinois, | represented in the General Assembly: | Section 5. The Assisted Living and Shared Housing Act is | amended by adding Section 21 as follows: | (210 ILCS 9/21 new) | Sec. 21. Establishment plan review; fees. | (a) Before commencing construction of new assisted living | or shared housing establishments or alterations or additions | to an existing assisted living or shared housing establishment | involving major construction, as defined by rule by the | Department, an applicant under this Section shall submit | architectural drawings and specifications to the Department | for review and approval. An applicant under this Section shall | submit architectural drawings and specifications for other | construction projects for Department review according to | subsection (b) that shall not be subject to fees under | subsection (d). Review of drawings and specifications shall be | conducted by an employee of the Department meeting the | qualifications established by the Department of Central | Management Services class specifications for the individual's | position. Final approval of the drawings and specifications | for compliance with design and construction standards shall be |
| obtained from the Department before the proposed alteration, | addition, or new construction begins. The Department shall | adopt rules for determining whether a construction, | alteration, or addition is subject to the submission | requirements of this Section. The Department shall not review | a submission under this Section until the required fee, if | any, has been paid. | (b) The Department shall inform an applicant in writing | within 10 working days after receiving drawings, | specifications, and the required fee, if any, from the | applicant whether the applicant's submission is complete or | incomplete. Failure to provide the applicant with this notice | within 10 working days shall result in the submission being | deemed complete for purposes of initiating the 45 calendar day | review period under this Section. If the submission is | incomplete, the Department shall inform the applicant of the | deficiencies with the submission in writing. If the submission | is complete and the required fee, if any, has been paid, the | Department shall approve or disapprove drawings and | specifications submitted to the Department no later than 45 | calendar days following receipt by the Department. The | drawings and specifications shall be of sufficient detail, as | provided by Department rule, to enable the Department to | render a determination of compliance with design and | construction standards under this Act. If the Department finds | that the drawings are not of sufficient detail for it to render |
| a determination of compliance, the plans shall be determined | to be incomplete and shall not be considered for purposes of | initiating the 45 calendar day review period. If a submission | of drawings and specifications is incomplete, the applicant | may submit additional information. The 45 calendar day review | period shall not commence until the Department determines that | a submission of drawings and specifications is complete or the | submission is deemed complete. If the Department has not | approved or disapproved the drawings and specifications within | 45 calendar days, the construction, major alteration, or | addition shall be deemed approved. If the drawings and | specifications are disapproved, the Department shall state in | writing, with specificity, the reasons for the disapproval. | The entity submitting the drawings and specifications may | submit additional information in response to the written | comments from the Department or request a reconsideration of | the disapproval. A final decision of approval or disapproval | shall be made within 30 calendar days of the receipt of the | additional information or reconsideration request. If denied, | the Department shall state the specific reasons for the | denial. | (c) The Department shall provide written approval for | occupancy pursuant to subsection (g). | (d) The Department shall charge the following fees in | connection with its reviews conducted after the effective date | of this amendatory Act of the 103rd General Assembly under |
| this Section: | (1) If the estimated dollar value of the alteration, | addition, or new construction is $99,999.99 or less, no | fee is required. | (2) If the estimated dollar value of the alteration, | addition, or new construction is $100,000 or more but less | than $500,000, the fee shall be the greater of $2,400 or | 1.2% of the estimated dollar value of the alteration, | addition, or new construction. | (3) If the estimated dollar value of the alteration, | addition, or new construction is $500,000 or more but less | than $1,000,000, the fee shall be the greater of $6,0000 | or 0.96% of that value. | (4) If the estimated dollar value of the alteration, | addition, or new construction is $1,000,000 or more but | less than $5,000,000, the fee shall be the greater of | $9,600 or 0.22% of the estimated dollar value of the | alteration, addition, or new construction. | (5) If the estimated dollar value of the alteration, | addition, or new construction is $5,000,000 or more, the | fee shall be the greater of $11,000 or 0.11% of the | estimated dollar value of the alteration, addition, or new | construction, but shall not exceed $30,000. | The fees provided in this subsection (d) shall not apply | to major construction projects involving establishment changes | that are required by an amendment to a Department rule. |
| The Department shall not commence the establishment plan | review process under this Section until the applicable fee has | been paid. | (e) All fees received by the Department under this Section | shall be deposited into the Health Facility Plan Review Fund, | a special fund created in the State Treasury. All fees paid by | establishments under this Section shall be used only to cover | the costs relating to the Department's review of projects | listed in this Section. Moneys shall be appropriated from that | Fund to the Department only to pay the costs of conducting | reviews under this Section, under Section 3-202.5 of the | Nursing Home Care Act, Section 3-202.5 of the MC/DD Act, or | Section 3-202.5 of the ID/DD Community Care Act. None of the | moneys in the Health Facility Plan Review Fund shall be used to | reduce the amount of General Revenue Fund moneys appropriated | to the Department for plan reviews conducted pursuant to this | Section. | (f) The Department shall review the fee structure 3 years | after the effective date of this amendatory Act of the 103rd | General Assembly and every 5 years thereafter, and fees shall | be increased or decreased to maintain the plan review program. | (g) The Department shall conduct an on-site inspection of | the completed project no later than 30 working days after | notification from the applicant under this Section that the | project has been completed and all certifications required by | the Department have been received and accepted by the |
| Department. The Department shall provide written approval for | occupancy to the applicant within 10 working days of the | Department's final inspection, provided the applicant has | demonstrated substantial compliance as defined by Department | rule. Occupancy of new major construction is prohibited until | Department approval is received, unless the Department has not | acted within the time frames provided in this subsection (g), | in which case the construction shall be deemed approved. | Occupancy shall be authorized after any required health | inspection by the Department has been conducted. | (h) The Department shall establish, by rule, a procedure | to conduct voluntary interim on-site review of large or | complex construction projects for a fee of $3,000 per interim | on-site review. | (i) The Department shall establish, by rule, an expedited | process for emergency repairs or replacement of like | equipment. | The establishment shall not be occupied until the | Department provides written approval for occupancy to the | owner or operator within 10 business days after the | Department's final inspection, provided that the owner or | operator has substantially complied with this Section as | determined by the Department by rule. | (j) Nothing in this Section shall be construed to apply to | maintenance, upkeep, or renovation that does not affect the | structural integrity of the building, does not add units or |
| services over the number for which the establishment is | licensed, and provides a reasonable degree of safety for the | residents. | Section 10. The Nursing Home Care Act is amended by | changing Section 3-202.5 as follows: | (210 ILCS 45/3-202.5) | Sec. 3-202.5. Facility plan review; fees. | (a) Before commencing construction of a new facility or | specified types of alteration or additions to an existing long | term care facility involving major construction, as defined by | rule by the Department, with an estimated cost greater than | $100,000, architectural drawings and specifications for the | facility shall be submitted to the Department for review and | approval. A facility may submit architectural drawings and | specifications for other construction projects for Department | review according to subsection (b) that shall not be subject | to fees under subsection (d). Review of drawings and | specifications shall be conducted by an employee of the | Department meeting the qualifications established by the | Department of Central Management Services class specifications | for such an individual's position or by a person contracting | with the Department who meets those class specifications. | Final approval of the drawings and specifications for | compliance with design and construction standards shall be |
| obtained from the Department before the alteration, addition, | or new construction is begun. | (b) The Department shall inform an applicant in writing | within 10 working days after receiving drawings and | specifications and the required fee, if any, from the | applicant whether the applicant's submission is complete or | incomplete. Failure to provide the applicant with this notice | within 10 working days shall result in the submission being | deemed complete for purposes of initiating the 60-day review | period under this Section. If the submission is incomplete, | the Department shall inform the applicant of the deficiencies | with the submission in writing. If the submission is complete | the required fee, if any, has been paid, the Department shall | approve or disapprove drawings and specifications submitted to | the Department no later than 60 days following receipt by the | Department. The drawings and specifications shall be of | sufficient detail, as provided by Department rule, to enable | the Department to render a determination of compliance with | design and construction standards under this Act. If the | Department finds that the drawings are not of sufficient | detail for it to render a determination of compliance, the | plans shall be determined to be incomplete and shall not be | considered for purposes of initiating the 60-day review | period. If a submission of drawings and specifications is | incomplete, the applicant may submit additional information. | The 60-day review period shall not commence until the |
| Department determines that a submission of drawings and | specifications is complete or the submission is deemed | complete. If the Department has not approved or disapproved | the drawings and specifications within 60 days, the | construction, major alteration, or addition shall be deemed | approved. If the drawings and specifications are disapproved, | the Department shall state in writing, with specificity, the | reasons for the disapproval. The entity submitting the | drawings and specifications may submit additional information | in response to the written comments from the Department or | request a reconsideration of the disapproval. A final decision | of approval or disapproval shall be made within 45 days of the | receipt of the additional information or reconsideration | request. If denied, the Department shall state the specific | reasons for the denial. | (c) The Department shall provide written approval for | occupancy pursuant to subsection (g) and shall not issue a | violation to a facility as a result of a licensure or complaint | survey based upon the facility's physical structure if: | (1) the Department reviewed and approved or deemed | approved the drawings and specifications for compliance | with design and construction standards; | (2) the construction, major alteration, or addition | was built as submitted; | (3) the law or rules have not been amended since the | original approval; and |
| (4) the conditions at the facility indicate that there | is a reasonable degree of safety provided for the | residents. | (d) The Department shall charge the following fees in | connection with its reviews conducted before June 30, 2004 | under this Section: | (1) (Blank). | (2) (Blank). | (3) If the estimated dollar value of the alteration, | addition, or new construction is $100,000 or more but less | than $500,000, the fee shall be the greater of $2,400 or | 1.2% of that value. | (4) If the estimated dollar value of the alteration, | addition, or new construction is $500,000 or more but less | than $1,000,000, the fee shall be the greater of $6,000 or | 0.96% of that value. | (5) If the estimated dollar value of the alteration, | addition, or new construction is $1,000,000 or more but | less than $5,000,000, the fee shall be the greater of | $9,600 or 0.22% of that value. | (6) If the estimated dollar value of the alteration, | addition, or new construction is $5,000,000 or more, the | fee shall be the greater of $11,000 or 0.11% of that value, | but shall not exceed $40,000. | The fees provided in this subsection (d) shall not apply | to major construction projects involving facility changes that |
| are required by Department rule amendments. | The fees provided in this subsection (d) shall also not | apply to major construction projects if 51% or more of the | estimated cost of the project is attributed to capital | equipment. For major construction projects where 51% or more | of the estimated cost of the project is attributed to capital | equipment, the Department shall by rule establish a fee that | is reasonably related to the cost of reviewing the project. | The Department shall not commence the facility plan review | process under this Section until the applicable fee has been | paid. | (e) All fees received by the Department under this Section | shall be deposited into the Health Facility Plan Review Fund, | a special fund created in the State Treasury. All fees paid by | long-term care facilities under subsection (d) shall be used | only to cover the costs relating to the Department's review of | long-term care facility projects under this Section. Moneys | shall be appropriated from that Fund to the Department only to | pay the costs of conducting reviews under this Section , or | under Section 3-202.5 of the ID/DD Community Care Act , or | Section 3-202.5 of the MC/DD Act , or Section 21 of the Assisted | Living and Shared Housing Act . None of the moneys in the Health | Facility Plan Review Fund shall be used to reduce the amount of | General Revenue Fund moneys appropriated to the Department for | facility plan reviews conducted pursuant to this Section. | (f)(1) The provisions of this amendatory Act of 1997 |
| concerning drawings and specifications shall apply only to | drawings and specifications submitted to the Department on or | after October 1, 1997. | (2) On and after the effective date of this amendatory Act | of 1997 and before October 1, 1997, an applicant may submit or | resubmit drawings and specifications to the Department and pay | the fees provided in subsection (d). If an applicant pays the | fees provided in subsection (d) under this paragraph (2), the | provisions of subsection (b) shall apply with regard to those | drawings and specifications. | (g) The Department shall conduct an on-site inspection of | the completed project no later than 30 days after notification | from the applicant that the project has been completed and all | certifications required by the Department have been received | and accepted by the Department, except that, during a | statewide public health emergency, as defined in the Illinois | Emergency Management Agency Act, the Department shall conduct | an on-site inspection of the completed project to the extent | feasible. The Department shall provide written approval for | occupancy to the applicant within 5 working days of the | Department's final inspection, provided the applicant has | demonstrated substantial compliance as defined by Department | rule. Occupancy of new major construction is prohibited until | Department approval is received, unless the Department has not | acted within the time frames provided in this subsection (g), | in which case the construction shall be deemed approved. |
| Occupancy shall be authorized after any required health | inspection by the Department has been conducted. | (h) The Department shall establish, by rule, a procedure | to conduct interim on-site review of large or complex | construction projects. | (i) The Department shall establish, by rule, an expedited | process for emergency repairs or replacement of like | equipment. | (j) Nothing in this Section shall be construed to apply to | maintenance, upkeep, or renovation that does not affect the | structural integrity of the building, does not add beds or | services over the number for which the long-term care facility | is licensed, and provides a reasonable degree of safety for | the residents. | (Source: P.A. 103-1, eff. 4-27-23.) | Section 15. The MC/DD Act is amended by changing Section | 3-202.5 as follows: | (210 ILCS 46/3-202.5) | Sec. 3-202.5. Facility plan review; fees. | (a) Before commencing construction of a new facility or | specified types of alteration or additions to an existing | facility involving major construction, as defined by rule by | the Department, with an estimated cost greater than $100,000, | architectural drawings and specifications for the facility |
| shall be submitted to the Department for review and approval. | A facility may submit architectural drawings and | specifications for other construction projects for Department | review according to subsection (b) that shall not be subject | to fees under subsection (d). Review of drawings and | specifications shall be conducted by an employee of the | Department meeting the qualifications established by the | Department of Central Management Services class specifications | for such an individual's position or by a person contracting | with the Department who meets those class specifications. | Final approval of the drawings and specifications for | compliance with design and construction standards shall be | obtained from the Department before the alteration, addition, | or new construction is begun. | (b) The Department shall inform an applicant in writing | within 10 working days after receiving drawings and | specifications and the required fee, if any, from the | applicant whether the applicant's submission is complete or | incomplete. Failure to provide the applicant with this notice | within 10 working days shall result in the submission being | deemed complete for purposes of initiating the 60-day review | period under this Section. If the submission is incomplete, | the Department shall inform the applicant of the deficiencies | with the submission in writing. If the submission is complete | the required fee, if any, has been paid, the Department shall | approve or disapprove drawings and specifications submitted to |
| the Department no later than 60 days following receipt by the | Department. The drawings and specifications shall be of | sufficient detail, as provided by Department rule, to enable | the Department to render a determination of compliance with | design and construction standards under this Act. If the | Department finds that the drawings are not of sufficient | detail for it to render a determination of compliance, the | plans shall be determined to be incomplete and shall not be | considered for purposes of initiating the 60 day review | period. If a submission of drawings and specifications is | incomplete, the applicant may submit additional information. | The 60 day review period shall not commence until the | Department determines that a submission of drawings and | specifications is complete or the submission is deemed | complete. If the Department has not approved or disapproved | the drawings and specifications within 60 days, the | construction, major alteration, or addition shall be deemed | approved. If the drawings and specifications are disapproved, | the Department shall state in writing, with specificity, the | reasons for the disapproval. The entity submitting the | drawings and specifications may submit additional information | in response to the written comments from the Department or | request a reconsideration of the disapproval. A final decision | of approval or disapproval shall be made within 45 days of the | receipt of the additional information or reconsideration | request. If denied, the Department shall state the specific |
| reasons for the denial. | (c) The Department shall provide written approval for | occupancy pursuant to subsection (g) and shall not issue a | violation to a facility as a result of a licensure or complaint | survey based upon the facility's physical structure if: | (1) the Department reviewed and approved or deemed | approved the drawings and specifications for compliance | with design and construction standards; | (2) the construction, major alteration, or addition | was built as submitted; | (3) the law or rules have not been amended since the | original approval; and | (4) the conditions at the facility indicate that there | is a reasonable degree of safety provided for the | residents. | (d) (Blank). | (e) All fees received by the Department under this Section | shall be deposited into the Health Facility Plan Review Fund, | a special fund created in the State Treasury. All fees paid by | facilities under this Section shall be used to cover the costs | relating to the Department's review of facility projects under | this Section only. Moneys shall be appropriated from that Fund | to the Department only to pay the costs of conducting reviews | under this Section, under Section 3-202.5 of the Nursing Home | Care Act , under Section 21 of the Assisted Living and Shared | Housing Act , or under Section 3-202.5 of the ID/DD Community |
| Care Act. None of the moneys in the Health Facility Plan Review | Fund shall be used to reduce the amount of General Revenue Fund | moneys appropriated to the Department for facility plan | reviews conducted pursuant to this Section. | (f) (Blank). | (g) The Department shall conduct an on site inspection of | the completed project no later than 30 days after notification | from the applicant that the project has been completed and all | certifications required by the Department have been received | and accepted by the Department, except that, during a | statewide public health emergency, as defined in the Illinois | Emergency Management Agency Act, the Department shall conduct | an on-site inspection to the extent feasible. The Department | shall provide written approval for occupancy to the applicant | within 5 working days of the Department's final inspection, | provided the applicant has demonstrated substantial compliance | as defined by Department rule. Occupancy of new major | construction is prohibited until Department approval is | received, unless the Department has not acted within the time | frames provided in this subsection (g), in which case the | construction shall be deemed approved. Occupancy shall be | authorized after any required health inspection by the | Department has been conducted. | (h) The Department shall establish, by rule, a procedure | to conduct interim on site review of large or complex | construction projects. |
| (i) The Department shall establish, by rule, an expedited | process for emergency repairs or replacement of like | equipment. | (j) Nothing in this Section shall be construed to apply to | maintenance, upkeep, or renovation that does not affect the | structural integrity of the building, does not add beds or | services over the number for which the facility is licensed, | and provides a reasonable degree of safety for the residents. | (Source: P.A. 103-1, eff. 4-27-23.) | Section 20. The ID/DD Community Care Act is amended by | changing Section 3-202.5 as follows: | (210 ILCS 47/3-202.5) | Sec. 3-202.5. Facility plan review; fees. | (a) Before commencing construction of a new facility or | specified types of alteration or additions to an existing long | term care facility involving major construction, as defined by | rule by the Department, with an estimated cost greater than | $100,000, architectural drawings and specifications for the | facility shall be submitted to the Department for review and | approval. A facility may submit architectural drawings and | specifications for other construction projects for Department | review according to subsection (b) that shall not be subject | to fees under subsection (d). Review of drawings and | specifications shall be conducted by an employee of the |
| Department meeting the qualifications established by the | Department of Central Management Services class specifications | for such an individual's position or by a person contracting | with the Department who meets those class specifications. | Final approval of the drawings and specifications for | compliance with design and construction standards shall be | obtained from the Department before the alteration, addition, | or new construction is begun. | (b) The Department shall inform an applicant in writing | within 10 working days after receiving drawings and | specifications and the required fee, if any, from the | applicant whether the applicant's submission is complete or | incomplete. Failure to provide the applicant with this notice | within 10 working days shall result in the submission being | deemed complete for purposes of initiating the 60 day review | period under this Section. If the submission is incomplete, | the Department shall inform the applicant of the deficiencies | with the submission in writing. If the submission is complete | the required fee, if any, has been paid, the Department shall | approve or disapprove drawings and specifications submitted to | the Department no later than 60 days following receipt by the | Department. The drawings and specifications shall be of | sufficient detail, as provided by Department rule, to enable | the Department to render a determination of compliance with | design and construction standards under this Act. If the | Department finds that the drawings are not of sufficient |
| detail for it to render a determination of compliance, the | plans shall be determined to be incomplete and shall not be | considered for purposes of initiating the 60 day review | period. If a submission of drawings and specifications is | incomplete, the applicant may submit additional information. | The 60 day review period shall not commence until the | Department determines that a submission of drawings and | specifications is complete or the submission is deemed | complete. If the Department has not approved or disapproved | the drawings and specifications within 60 days, the | construction, major alteration, or addition shall be deemed | approved. If the drawings and specifications are disapproved, | the Department shall state in writing, with specificity, the | reasons for the disapproval. The entity submitting the | drawings and specifications may submit additional information | in response to the written comments from the Department or | request a reconsideration of the disapproval. A final decision | of approval or disapproval shall be made within 45 days of the | receipt of the additional information or reconsideration | request. If denied, the Department shall state the specific | reasons for the denial. | (c) The Department shall provide written approval for | occupancy pursuant to subsection (g) and shall not issue a | violation to a facility as a result of a licensure or complaint | survey based upon the facility's physical structure if: | (1) the Department reviewed and approved or deemed |
| approved the drawings and specifications for compliance | with design and construction standards; | (2) the construction, major alteration, or addition | was built as submitted; | (3) the law or rules have not been amended since the | original approval; and | (4) the conditions at the facility indicate that there | is a reasonable degree of safety provided for the | residents. | (d) The Department shall charge the following fees in | connection with its reviews conducted before June 30, 2004 | under this Section: | (1) (Blank). | (2) (Blank). | (3) If the estimated dollar value of the alteration, | addition, or new construction is $100,000 or more but less | than $500,000, the fee shall be the greater of $2,400 or | 1.2% of that value. | (4) If the estimated dollar value of the alteration, | addition, or new construction is $500,000 or more but less | than $1,000,000, the fee shall be the greater of $6,000 or | 0.96% of that value. | (5) If the estimated dollar value of the alteration, | addition, or new construction is $1,000,000 or more but | less than $5,000,000, the fee shall be the greater of | $9,600 or 0.22% of that value. |
| (6) If the estimated dollar value of the alteration, | addition, or new construction is $5,000,000 or more, the | fee shall be the greater of $11,000 or 0.11% of that value, | but shall not exceed $40,000. The fees provided in this | subsection (d) shall not apply to major construction | projects involving facility changes that are required by | Department rule amendments. The fees provided in this | subsection (d) shall also not apply to major construction | projects if 51% or more of the estimated cost of the | project is attributed to capital equipment. For major | construction projects where 51% or more of the estimated | cost of the project is attributed to capital equipment, | the Department shall by rule establish a fee that is | reasonably related to the cost of reviewing the project. | The Department shall not commence the facility plan review | process under this Section until the applicable fee has | been paid. | (e) All fees received by the Department under this Section | shall be deposited into the Health Facility Plan Review Fund, | a special fund created in the State Treasury. All fees paid by | long term care facilities under subsection (d) shall be used | only to cover the costs relating to the Department's review of | long term care facility projects under this Section. Moneys | shall be appropriated from that Fund to the Department only to | pay the costs of conducting reviews under this Section , | Section 3-202.5 of the MC/DD Act, Section 21 of the Assisted |
| Living and Shared Housing Act, or under Section 3-202.5 of the | Nursing Home Care Act. None of the moneys in the Health | Facility Plan Review Fund shall be used to reduce the amount of | General Revenue Fund moneys appropriated to the Department for | facility plan reviews conducted pursuant to this Section. | (f) (Blank). | (g) The Department shall conduct an on site inspection of | the completed project no later than 30 days after notification | from the applicant that the project has been completed and all | certifications required by the Department have been received | and accepted by the Department. The Department shall provide | written approval for occupancy to the applicant within 5 | working days of the Department's final inspection, provided | the applicant has demonstrated substantial compliance as | defined by Department rule. Occupancy of new major | construction is prohibited until Department approval is | received, unless the Department has not acted within the time | frames provided in this subsection (g), in which case the | construction shall be deemed approved. Occupancy shall be | authorized after any required health inspection by the | Department has been conducted. | (h) The Department shall establish, by rule, a procedure | to conduct interim on site review of large or complex | construction projects. | (i) The Department shall establish, by rule, an expedited | process for emergency repairs or replacement of like |
| equipment. | (j) Nothing in this Section shall be construed to apply to | maintenance, upkeep, or renovation that does not affect the | structural integrity of the building, does not add beds or | services over the number for which the long term care facility | is licensed, and provides a reasonable degree of safety for | the residents. | (Source: P.A. 96-339, eff. 7-1-10 .) |
Effective Date: 1/1/2025
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