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Public Act 097-1115 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Health Facilities Planning Act is | ||||
amended by changing Sections 4, 5, 6, 10, 12, 12.5, and 14.1 | ||||
and adding Sections 6.2 and 19.5.1 as follows:
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(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 4. Health Facilities and Services Review Board; | ||||
membership; appointment; term;
compensation; quorum. | ||||
Notwithstanding any other provision in this Section, members of | ||||
the State Board holding office on the day before the effective | ||||
date of this amendatory Act of the 96th General Assembly shall | ||||
retain their authority. | ||||
(a) There is created the Health
Facilities and Services | ||||
Review Board, which
shall perform the functions described in | ||||
this
Act. The Department shall provide operational support to | ||||
the Board, including the provision of office space, supplies, | ||||
and clerical, financial, and accounting services. The Board may | ||||
contract with experts related to specific health services or | ||||
facilities and create technical advisory panels to assist in | ||||
the development of criteria, standards, and procedures used in | ||||
the evaluation of applications for permit and exemption.
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(b) Beginning March 1, 2010, the State Board shall consist | ||
of 9 voting members. All members shall be residents of Illinois | ||
and at least 4 shall reside outside the Chicago Metropolitan | ||
Statistical Area. Consideration shall be given to potential | ||
appointees who reflect the ethnic and cultural diversity of the | ||
State. Neither Board members nor Board staff shall be convicted | ||
felons or have pled guilty to a felony. | ||
Each member shall have a reasonable knowledge of the | ||
practice, procedures and principles of the health care delivery | ||
system in Illinois, including at least 5 members who shall be | ||
knowledgeable about health care delivery systems, health | ||
systems planning, finance, or the management of health care | ||
facilities currently regulated under the Act. One member shall | ||
be a representative of a non-profit health care consumer | ||
advocacy organization. A spouse, parent, sibling, or child | ||
Spouses or other members of the immediate family of a the Board | ||
member cannot be an employee, agent, or under contract with | ||
services or facilities subject to the Act. Prior to appointment | ||
and in the course of service on the Board, members of the Board | ||
shall disclose the employment or other financial interest of | ||
any other relative of the member, if known, in service or | ||
facilities subject to the Act. Members of the Board shall | ||
declare any conflict of interest that may exist with respect to | ||
the status of those relatives and recuse themselves from voting | ||
on any issue for which a conflict of interest is declared. No | ||
person shall be appointed or continue to serve as a member of |
the State Board who is, or whose spouse, parent, sibling, or | ||
child is, a member of the Board of Directors of, has a | ||
financial interest in, or has a business relationship with a | ||
health care facility. | ||
Notwithstanding any provision of this Section to the | ||
contrary, the term of
office of each member of the State Board | ||
serving on the day before the effective date of this amendatory | ||
Act of the 96th General Assembly is abolished on the date upon | ||
which members of the 9-member Board, as established by this | ||
amendatory Act of the 96th General Assembly, have been | ||
appointed and can begin to take action as a Board. Members of | ||
the State Board serving on the day before the effective date of | ||
this amendatory Act of the 96th General Assembly may be | ||
reappointed to the 9-member Board. Prior to March 1, 2010, the | ||
Health Facilities Planning Board shall establish a plan to | ||
transition its powers and duties to the Health Facilities and | ||
Services Review Board.
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(c) The State Board shall be appointed by the Governor, | ||
with the advice
and consent of the Senate. Not more than 5 of | ||
the
appointments shall be of the same political party at the | ||
time of the appointment.
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The Secretary of Human Services, the Director of Healthcare | ||
and Family Services, and
the Director of Public Health, or | ||
their designated representatives,
shall serve as ex-officio, | ||
non-voting members of the State Board.
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(d) Of those 9 members initially appointed by the Governor |
following the effective date of this
amendatory Act of the 96th | ||
General Assembly, 3 shall serve for terms expiring
July 1, | ||
2011, 3 shall serve for terms expiring July 1, 2012, and 3 | ||
shall serve
for terms expiring July 1, 2013. Thereafter, each
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appointed member shall
hold office for a term of 3 years, | ||
provided that any member
appointed to fill a vacancy
occurring | ||
prior to the expiration of the
term for which his or her | ||
predecessor was appointed shall be appointed for the
remainder | ||
of such term and the term of office of each successor shall
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commence on July 1 of the year in which his predecessor's term | ||
expires. Each
member appointed after the effective date of this | ||
amendatory Act of the 96th General Assembly shall hold office | ||
until his or her successor is appointed and qualified. The | ||
Governor may reappoint a member for additional terms, but no | ||
member shall serve more than 3 terms, subject to review and | ||
re-approval every 3 years.
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(e) State Board members, while serving on business of the | ||
State Board,
shall receive actual and necessary travel and | ||
subsistence expenses while
so serving away from their places
of | ||
residence. Until March 1, 2010, a
member of the State Board who | ||
experiences a significant financial hardship
due to the loss of | ||
income on days of attendance at meetings or while otherwise
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engaged in the business of the State Board may be paid a | ||
hardship allowance, as
determined by and subject to the | ||
approval of the Governor's Travel Control
Board.
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(f) The Governor shall designate one of the members to |
serve as the Chairman of the Board, who shall be a person with | ||
expertise in health care delivery system planning, finance or | ||
management of health care facilities that are regulated under | ||
the Act. The Chairman shall annually review Board member | ||
performance and shall report the attendance record of each | ||
Board member to the General Assembly. | ||
(g) The State Board, through the Chairman, shall prepare a | ||
separate and distinct budget approved by the General Assembly | ||
and shall hire and supervise its own professional staff | ||
responsible for carrying out the responsibilities of the Board.
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(h) The State Board shall meet at least every 45 days, or | ||
as often as
the Chairman of the State Board deems necessary, or | ||
upon the request of
a majority of the members.
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(i)
Five members of the State Board shall constitute a | ||
quorum.
The affirmative vote of 5 of the members of the State | ||
Board shall be
necessary for
any action requiring a vote to be | ||
taken by the State
Board. A vacancy in the membership of the | ||
State Board shall not impair the
right of a quorum to exercise | ||
all the rights and perform all the duties of the
State Board as | ||
provided by this Act.
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(j) A State Board member shall disqualify himself or | ||
herself from the
consideration of any application for a permit | ||
or
exemption in which the State Board member or the State Board | ||
member's spouse,
parent, sibling, or child: (i) has
an economic | ||
interest in the matter; or (ii) is employed by, serves as a
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consultant for, or is a member of the
governing board of the |
applicant or a party opposing the application.
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(k) The Chairman, Board members, and Board staff must | ||
comply with the Illinois Governmental Ethics Act. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
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(20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 5. Construction, modification, or establishment of | ||
health care facilities or acquisition of major medical | ||
equipment; permits or exemptions. No person shall construct, | ||
modify or establish a
health care facility or acquire major | ||
medical equipment without first
obtaining a permit or exemption | ||
from the State
Board. The State Board shall not delegate to the | ||
staff of
the State Board or any other person or entity the | ||
authority to grant
permits or exemptions whenever the staff or | ||
other person or
entity would be required to exercise any | ||
discretion affecting the decision
to grant a permit or | ||
exemption. The State Board may, by rule, delegate authority to | ||
the Chairman to grant permits or exemptions when applications | ||
meet all of the State Board's review criteria and are | ||
unopposed.
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A permit or exemption shall be obtained prior to the | ||
acquisition
of major medical equipment or to the construction | ||
or modification of a
health care facility which:
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(a) requires a total capital expenditure in excess of | ||
the capital
expenditure
minimum; or
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(b) substantially changes the scope or changes the | ||
functional operation
of the facility; or
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(c) changes the bed capacity of a health care facility | ||
by increasing the
total number of beds or by distributing | ||
beds among
various categories of service or by relocating | ||
beds from one physical facility
or site to another by more | ||
than 20 beds or more than 10% of total bed
capacity as | ||
defined by the
State Board, whichever is less, over a 2 | ||
year period.
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A permit shall be valid only for the defined construction | ||
or modifications,
site, amount and person named in the | ||
application for such permit and
shall not be transferable or | ||
assignable. A permit shall be valid until such
time as the | ||
project has been completed,
provided that (a) obligation of the | ||
project occurs within 12 months following
issuance of the | ||
permit except for major construction projects such obligation
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must
occur within 18 months following issuance of the permit; | ||
and (b) the project
commences and proceeds to completion with | ||
due diligence by the completion date or extension date approved | ||
by the Board . | ||
A permit holder must do the following: (i) submit the final | ||
completion and cost report for the project within 90 days after | ||
the approved project completion date or extension date and (ii) | ||
submit annual progress reports no earlier than 30 days before | ||
and no later than 30 days after each anniversary date of the | ||
Board's approval of the permit until the project is completed. |
To maintain a valid permit and to monitor progress toward | ||
project commencement and completion, routine post-permit | ||
reports shall be limited to annual progress reports and the | ||
final completion and cost report. Annual progress reports shall | ||
include information regarding the committed funds expended | ||
toward the approved project. If the project is not completed in | ||
one year, then, by the second annual report, the permit holder | ||
shall expend 33% or more of the total project cost or shall | ||
make a commitment to expend 33% or more of the total project | ||
cost by signed contracts or other legal means, and the report | ||
shall contain information regarding those expenditures or | ||
commitments. If the project is to be completed in one year, | ||
then the first annual report shall contain the expenditure | ||
commitment information for the total project cost. The State | ||
Board may extend the expenditure commitment period after | ||
considering a permit holder's showing of good cause and request | ||
for additional time to complete the project. | ||
The Certificate of Need process required under this Act is | ||
designed to restrain rising health care costs by preventing | ||
unnecessary construction or modification of health care | ||
facilities. The Board must assure that the establishment, | ||
construction, or modification of a health care facility or the | ||
acquisition of major medical equipment is consistent with the | ||
public interest and that the proposed project is consistent | ||
with the orderly and economic development or acquisition of | ||
those facilities and equipment and is in accord with the |
standards, criteria, or plans of need adopted and approved by | ||
the Board. Board decisions regarding the construction of health | ||
care facilities must consider capacity, quality, value, and | ||
equity. Projects may deviate from the costs, fees, and expenses | ||
provided in their project cost information for the project's | ||
cost components, provided that the final total project cost | ||
does not exceed the approved permit amount. Project alterations | ||
shall not increase the total approved permit amount by more | ||
than the limit set forth under the Board's rules. | ||
Major construction
projects, for the purposes of this Act, | ||
shall include but are not limited
to: projects for the | ||
construction of new buildings; additions to existing
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facilities; modernization projects
whose cost is in excess of | ||
$1,000,000 or 10% of the facilities' operating
revenue, | ||
whichever is less; and such other projects as the State Board | ||
shall
define and prescribe pursuant to this Act. | ||
The State Board may extend the
obligation period upon a | ||
showing of good cause by the permit holder. Permits
for | ||
projects that have not been obligated within the prescribed | ||
obligation
period shall expire on the last day of that period.
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The acquisition by any person of major medical equipment | ||
that will not
be owned by or located in a health care facility | ||
and that will not be used
to provide services to inpatients of | ||
a health care facility shall be exempt
from review provided | ||
that a notice is filed in accordance with exemption
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requirements.
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Notwithstanding any other provision of this Act, no permit | ||
or exemption is
required for the construction or modification | ||
of a non-clinical service area
of a health care facility.
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(Source: P.A. 96-31, eff. 6-30-09.)
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(20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 6. Application for permit or exemption; exemption | ||
regulations.
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(a) An application for a permit or exemption shall be made | ||
to
the State Board upon forms provided by the State Board. This | ||
application
shall contain such information
as the State Board | ||
deems necessary. The State Board shall not require an applicant | ||
to file a Letter of Intent before an application is filed. Such
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application shall include affirmative evidence on which the | ||
State
Board or Chairman may make its decision on the approval | ||
or denial of the permit or
exemption.
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(b) The State Board shall establish by regulation the | ||
procedures and
requirements
regarding issuance of exemptions.
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An exemption shall be approved when information required by the | ||
Board by rule
is submitted. Projects
eligible for an exemption, | ||
rather than a permit, include, but are not limited
to,
change | ||
of ownership of a health care facility. For a change of
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ownership of a health care
facility between related persons, | ||
the State Board shall provide by rule for an
expedited
process | ||
for obtaining an exemption. In connection with a change of |
ownership, the State Board may approve the transfer of an | ||
existing permit without regard to whether the permit to be | ||
transferred has yet been obligated, except for permits | ||
establishing a new facility or a new category of service.
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(c) All applications shall be signed by the applicant and | ||
shall be
verified by any 2 officers thereof.
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(c-5) Any written review or findings of the Board staff or | ||
any other reviewing organization under Section 8 concerning an | ||
application for a permit must be made available to the public | ||
at least 14 calendar days before the meeting of the State Board | ||
at which the review or findings are considered. The applicant | ||
and members of the public may submit, to the State Board, | ||
written responses regarding the facts set forth in the review | ||
or findings of the Board staff or reviewing organization. | ||
Members of the public shall have until 10 days before the | ||
meeting of the State Board to submit any written response | ||
concerning the Board staff's written review or findings at | ||
least 10 days before the meeting of the State Board . The Board | ||
staff may revise any findings to address corrections of factual | ||
errors cited in the public response. At the meeting, the State | ||
Board may, in its discretion, permit the submission of other | ||
additional written materials.
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(d) Upon receipt of an application for a permit, the State | ||
Board shall
approve and authorize the issuance of a permit if | ||
it finds (1) that the
applicant is fit, willing, and able to | ||
provide a proper standard of
health care service for the |
community with particular regard to the
qualification, | ||
background and character of the applicant, (2) that
economic | ||
feasibility is demonstrated in terms of effect on the existing
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and projected operating budget of the applicant and of the | ||
health care
facility; in terms of the applicant's ability to | ||
establish and operate
such facility in accordance with | ||
licensure regulations promulgated under
pertinent state laws; | ||
and in terms of the projected impact on the total
health care | ||
expenditures in the facility and community, (3) that
safeguards | ||
are provided which assure that the establishment,
construction | ||
or modification of the health care facility or acquisition
of | ||
major medical equipment is consistent
with the public interest, | ||
and (4) that the proposed project is consistent
with the | ||
orderly and economic
development of such facilities and | ||
equipment and is in accord with standards,
criteria, or plans | ||
of need adopted and approved pursuant to the
provisions of | ||
Section 12 of this Act.
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(Source: P.A. 95-237, eff. 1-1-08; 96-31, eff. 6-30-09.)
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(20 ILCS 3960/6.2 new) | ||
Sec. 6.2. Review of permits. Upon receipt of an application | ||
for a permit to establish,
construct, or modify a health care | ||
facility, the State Board staff
shall notify the applicant in | ||
writing within 10
working days either that the application is | ||
or is not complete. If the
application is complete, the State | ||
Board staff shall
notify the applicant of the beginning of the |
review process. If the application is not complete, the Board | ||
staff shall explain within the 10-day period why the | ||
application is incomplete. | ||
The State Board staff shall afford a reasonable amount of | ||
time as
established by the State Board, but not to exceed 120 | ||
days,
for the review of the application. The 120-day period
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begins on the day the application is found to be
substantially | ||
complete, as that term is defined by the State
Board. During | ||
the 120-day period, the applicant may request
an extension. An | ||
applicant may modify the application at any
time before a final | ||
administrative decision has been made on the
application.
The | ||
State Board shall prescribe and provide the forms upon
which | ||
the review and findings of the State Board staff shall be
made. | ||
The State Board staff shall submit its review and findings
to | ||
the State Board for its approval or denial of the permit. | ||
When an application for a permit is initially reviewed by
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State Board staff, as provided in this Section, the State Board | ||
shall, upon request by the applicant or an interested person, | ||
afford an opportunity for a public hearing within a reasonable | ||
amount of time
after receipt of the complete application, but | ||
not to exceed
90 days after receipt of the complete | ||
application. Notice of the hearing shall be made promptly, not | ||
less than 10 days before the hearing, by
certified mail to the | ||
applicant and, not less than 10 days before the
hearing, by | ||
publication in a newspaper of general circulation
in the area | ||
or community to be affected. The hearing shall
be held in the |
area or community in which the proposed
project is to be | ||
located and shall be for the purpose of allowing
the applicant | ||
and any interested person to present public
testimony | ||
concerning the approval, denial, renewal, or
revocation of the | ||
permit. All interested persons attending
the hearing shall be | ||
given a reasonable opportunity to present
their views or | ||
arguments in writing or orally, and a record
of all of the | ||
testimony shall accompany any findings of the State
Board | ||
staff. The State Board shall adopt reasonable rules and | ||
regulations
governing the procedure and conduct of the | ||
hearings.
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(20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 10.
Presenting information relevant to the approval of | ||
a permit or
certificate or in opposition to the denial of the | ||
application; notice of
outcome and review proceedings. When a | ||
motion by the State Board, to approve
an application for
a | ||
permit or a certificate of recognition, fails to pass,
or when | ||
a motion to deny an application for a permit
or
a certificate | ||
of recognition is passed, the applicant or the holder
of the
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permit, as the case may be, and such other parties as the State | ||
Board permits,
will be given an opportunity to appear before | ||
the State Board and present
such information as may be relevant | ||
to the approval of a permit or certificate
or in opposition to | ||
the denial of the application.
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Subsequent to an appearance by the applicant before the | ||
State Board or
default of such opportunity to appear, a motion | ||
by the State Board to approve
an application for a permit or a | ||
certificate of recognition which fails to pass
or a motion to | ||
deny an application for a permit or a certificate of | ||
recognition
which passes shall be considered denial of the | ||
application for a permit or
certificate of recognition, as the | ||
case may be. Such action of denial or an
action by the State | ||
Board to revoke a permit or a certificate of recognition
shall | ||
be communicated to the applicant or holder of the permit or | ||
certificate
of recognition. Such person or organization shall | ||
be afforded an opportunity
for a hearing before an | ||
administrative law judge a hearing officer , who is appointed by | ||
the Chairman of the State Board Director . A written notice of a | ||
request for such hearing shall be
served upon the Chairman of | ||
the State Board within 30 days following
notification of the | ||
decision of the State Board. The State Board shall
schedule a | ||
hearing, and the Director shall appoint a hearing
officer | ||
within 30 days thereafter. The administrative law judge hearing | ||
officer shall take actions
necessary to ensure that the hearing | ||
is completed within a
reasonable period of time, but not to | ||
exceed 120 90 days, except for delays or
continuances agreed to | ||
by the
person requesting the hearing.
Following its | ||
consideration
of the report of the hearing, or upon default of | ||
the party to the hearing,
the State Board shall make its final | ||
determination, specifying its findings and
conclusions
within |
90 45 days of receiving the written report of the hearing.
A | ||
copy of such determination shall be sent by certified
mail or | ||
served personally upon the party.
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A full and complete record shall be kept of all | ||
proceedings,
including the notice of hearing, complaint, and | ||
all other documents in
the nature of pleadings, written motions | ||
filed in the proceedings, and
the report and orders of the | ||
State Board or hearing officer. All
testimony shall be reported | ||
but need not be transcribed unless the
decision is appealed in | ||
accordance with the Administrative Review Law,
as now or | ||
hereafter amended. A copy or copies of the transcript may be
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obtained by any interested party on payment of the cost of | ||
preparing
such copy or copies.
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The State Board or hearing officer shall upon its own or | ||
his motion,
or on the written request of any party to the | ||
proceeding who has, in the
State Board's or hearing officer's | ||
opinion, demonstrated the relevancy
of such request to the | ||
outcome of the proceedings, issue subpoenas
requiring the | ||
attendance and the giving of testimony by witnesses, and
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subpoenas duces tecum requiring the production of books, | ||
papers,
records, or memoranda. The fees of witnesses for | ||
attendance and travel
shall be the same as the fees of | ||
witnesses before the circuit court of
this State.
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When the witness is subpoenaed at the instance of the State | ||
Board, or
its hearing officer, such fees shall be paid in the | ||
same manner as other
expenses of the Agency, and when the |
witness is subpoenaed at the
instance of any other party to any | ||
such proceeding the State Board may,
in accordance with the | ||
rules of the Agency, require that the cost of
service of the | ||
subpoena or subpoena duces tecum and the fee of the
witness be | ||
borne by the party at whose instance the witness is summoned.
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In such case, the State Board in its discretion, may require a | ||
deposit
to cover the cost of such service and witness fees. A | ||
subpoena or
subpoena duces tecum so issued shall be served in | ||
the same manner as a
subpoena issued out of a court.
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Any circuit court of this State upon the application of the | ||
State
Board or upon the application of any other party to the | ||
proceeding, may,
in its discretion, compel the attendance of | ||
witnesses, the production of
books, papers, records, or | ||
memoranda and the giving of testimony before
it or its hearing | ||
officer conducting an investigation or holding a
hearing | ||
authorized by this Act, by an attachment for contempt, or
| ||
otherwise, in the same manner as production of evidence may be | ||
compelled
before the court.
| ||
(Source: P.A. 93-41, eff. 6-27-03 .)
| ||
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||
(Section scheduled to be repealed on December 31, 2019) | ||
Sec. 12. Powers and duties of State Board. For purposes of | ||
this Act,
the State Board
shall
exercise the following powers | ||
and duties:
| ||
(1) Prescribe rules,
regulations, standards, criteria, |
procedures or reviews which may vary
according to the purpose | ||
for which a particular review is being conducted
or the type of | ||
project reviewed and which are required to carry out the
| ||
provisions and purposes of this Act. Policies and procedures of | ||
the State Board shall take into consideration the priorities | ||
and needs of medically underserved areas and other health care | ||
services identified through the comprehensive health planning | ||
process, giving special consideration to the impact of projects | ||
on access to safety net services.
| ||
(2) Adopt procedures for public
notice and hearing on all | ||
proposed rules, regulations, standards,
criteria, and plans | ||
required to carry out the provisions of this Act.
| ||
(3) (Blank).
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(4) Develop criteria and standards for health care | ||
facilities planning,
conduct statewide inventories of health | ||
care facilities, maintain an updated
inventory on the Board's | ||
web site reflecting the
most recent bed and service
changes and | ||
updated need determinations when new census data become | ||
available
or new need formulae
are adopted,
and
develop health | ||
care facility plans which shall be utilized in the review of
| ||
applications for permit under
this Act. Such health facility | ||
plans shall be coordinated by the Board
with pertinent State | ||
Plans. Inventories pursuant to this Section of skilled or | ||
intermediate care facilities licensed under the Nursing Home | ||
Care Act, skilled or intermediate care facilities licensed | ||
under the ID/DD Community Care Act, facilities licensed under |
the Specialized Mental Health Rehabilitation Act, or nursing | ||
homes licensed under the Hospital Licensing Act shall be | ||
conducted on an annual basis no later than July 1 of each year | ||
and shall include among the information requested a list of all | ||
services provided by a facility to its residents and to the | ||
community at large and differentiate between active and | ||
inactive beds.
| ||
In developing health care facility plans, the State Board | ||
shall consider,
but shall not be limited to, the following:
| ||
(a) The size, composition and growth of the population | ||
of the area
to be served;
| ||
(b) The number of existing and planned facilities | ||
offering similar
programs;
| ||
(c) The extent of utilization of existing facilities;
| ||
(d) The availability of facilities which may serve as | ||
alternatives
or substitutes;
| ||
(e) The availability of personnel necessary to the | ||
operation of the
facility;
| ||
(f) Multi-institutional planning and the establishment | ||
of
multi-institutional systems where feasible;
| ||
(g) The financial and economic feasibility of proposed | ||
construction
or modification; and
| ||
(h) In the case of health care facilities established | ||
by a religious
body or denomination, the needs of the | ||
members of such religious body or
denomination may be | ||
considered to be public need.
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The health care facility plans which are developed and | ||
adopted in
accordance with this Section shall form the basis | ||
for the plan of the State
to deal most effectively with | ||
statewide health needs in regard to health
care facilities.
| ||
(5) Coordinate with the Center for Comprehensive Health | ||
Planning and other state agencies having responsibilities
| ||
affecting health care facilities, including those of licensure | ||
and cost
reporting. Beginning no later than January 1, 2013, | ||
the Department of Public Health shall produce a written annual | ||
report to the Governor and the General Assembly regarding the | ||
development of the Center for Comprehensive Health Planning. | ||
The Chairman of the State Board and the State Board | ||
Administrator shall also receive a copy of the annual report.
| ||
(6) Solicit, accept, hold and administer on behalf of the | ||
State
any grants or bequests of money, securities or property | ||
for
use by the State Board or Center for Comprehensive Health | ||
Planning in the administration of this Act; and enter into | ||
contracts
consistent with the appropriations for purposes | ||
enumerated in this Act.
| ||
(7) The State Board shall prescribe procedures for review, | ||
standards,
and criteria which shall be utilized
to make | ||
periodic reviews and determinations of the appropriateness
of | ||
any existing health services being rendered by health care | ||
facilities
subject to the Act. The State Board shall consider | ||
recommendations of the
Board in making its
determinations.
| ||
(8) Prescribe, in consultation
with the Center for |
Comprehensive Health Planning, rules, regulations,
standards, | ||
and criteria for the conduct of an expeditious review of
| ||
applications
for permits for projects of construction or | ||
modification of a health care
facility, which projects are | ||
classified as emergency, substantive, or non-substantive in | ||
nature. | ||
Six months after June 30, 2009 (the effective date of | ||
Public Act 96-31), substantive projects shall include no more | ||
than the following: | ||
(a) Projects to construct (1) a new or replacement | ||
facility located on a new site or
(2) a replacement | ||
facility located on the same site as the original facility | ||
and the cost of the replacement facility exceeds the | ||
capital expenditure minimum , which shall be reviewed by the | ||
Board within 120 days ; | ||
(b) Projects proposing a
(1) new service within an | ||
existing healthcare facility or
(2) discontinuation of a | ||
service within an existing healthcare facility , which | ||
shall be reviewed by the Board within 60 days; or | ||
(c) Projects proposing a change in the bed capacity of | ||
a health care facility by an increase in the total number | ||
of beds or by a redistribution of beds among various | ||
categories of service or by a relocation of beds from one | ||
physical facility or site to another by more than 20 beds | ||
or more than 10% of total bed capacity, as defined by the | ||
State Board, whichever is less, over a 2-year period. |
The Chairman may approve applications for exemption that | ||
meet the criteria set forth in rules or refer them to the full | ||
Board. The Chairman may approve any unopposed application that | ||
meets all of the review criteria or refer them to the full | ||
Board. | ||
Such rules shall
not abridge the right of the Center for | ||
Comprehensive Health Planning to make
recommendations on the | ||
classification and approval of projects, nor shall
such rules | ||
prevent the conduct of a public hearing upon the timely request
| ||
of an interested party. Such reviews shall not exceed 60 days | ||
from the
date the application is declared to be complete.
| ||
(9) Prescribe rules, regulations,
standards, and criteria | ||
pertaining to the granting of permits for
construction
and | ||
modifications which are emergent in nature and must be | ||
undertaken
immediately to prevent or correct structural | ||
deficiencies or hazardous
conditions that may harm or injure | ||
persons using the facility, as defined
in the rules and | ||
regulations of the State Board. This procedure is exempt
from | ||
public hearing requirements of this Act.
| ||
(10) Prescribe rules,
regulations, standards and criteria | ||
for the conduct of an expeditious
review, not exceeding 60 | ||
days, of applications for permits for projects to
construct or | ||
modify health care facilities which are needed for the care
and | ||
treatment of persons who have acquired immunodeficiency | ||
syndrome (AIDS)
or related conditions.
| ||
(11) Issue written decisions upon request of the applicant |
or an adversely affected party to the Board within 30 days of | ||
the meeting in which a final decision has been made. A "final | ||
decision" for purposes of this Act is the decision to approve | ||
or deny an application, or take other actions permitted under | ||
this Act, at the time and date of the meeting that such action | ||
is scheduled by the Board. The staff of the State Board shall | ||
prepare a written copy of the final decision and the State | ||
Board shall approve a final copy for inclusion in the formal | ||
record. The written decision shall identify the applicable | ||
criteria and factors listed in this Act and the Board's | ||
regulations that were taken into consideration by the Board | ||
when coming to a final decision. If the State Board denies or | ||
fails to approve an application for permit or certificate, the | ||
State Board shall include in the final decision a detailed | ||
explanation as to why the application was denied and identify | ||
what specific criteria or standards the applicant did not | ||
fulfill. | ||
(12) Require at least one of its members to participate in | ||
any public hearing, after the appointment of a majority of the | ||
9 members to the Board. | ||
(13) Provide a mechanism for the public to comment on, and | ||
request changes to, draft rules and standards. | ||
(14) Implement public information campaigns to regularly | ||
inform the general public about the opportunity for public | ||
hearings and public hearing procedures. | ||
(15) Establish a separate set of rules and guidelines for |
long-term care that recognizes that nursing homes are a | ||
different business line and service model from other regulated | ||
facilities. An open and transparent process shall be developed | ||
that considers the following: how skilled nursing fits in the | ||
continuum of care with other care providers, modernization of | ||
nursing homes, establishment of more private rooms, | ||
development of alternative services, and current trends in | ||
long-term care services.
The Chairman of the Board shall | ||
appoint a permanent Health Services Review Board Long-term Care | ||
Facility Advisory Subcommittee that shall develop and | ||
recommend to the Board the rules to be established by the Board | ||
under this paragraph (15). The Subcommittee shall also provide | ||
continuous review and commentary on policies and procedures | ||
relative to long-term care and the review of related projects. | ||
In consultation with other experts from the health field of | ||
long-term care, the Board and the Subcommittee shall study new | ||
approaches to the current bed need formula and Health Service | ||
Area boundaries to encourage flexibility and innovation in | ||
design models reflective of the changing long-term care | ||
marketplace and consumer preferences. The Board shall file the | ||
proposed related administrative rules for the separate rules | ||
and guidelines for long-term care required by this paragraph | ||
(15) by no later than September 30, 2011 1, 2010 . The | ||
Subcommittee shall be provided a reasonable and timely | ||
opportunity to review and comment on any review, revision, or | ||
updating of the criteria, standards, procedures, and rules used |
to evaluate project applications as provided under Section 12.3 | ||
of this Act prior to approval by the Board and promulgation of | ||
related rules . | ||
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | ||
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||
revised 9-7-11.) | ||
(20 ILCS 3960/12.5) | ||
(Section scheduled to be repealed on December 31, 2019)
| ||
Sec. 12.5. Update existing bed inventory and associated bed | ||
need projections. While the Task Force on Health Planning | ||
Reform will make long-term recommendations related to the | ||
method and formula for calculating the bed inventory and | ||
associated bed need projections, there is a current need for | ||
the bed inventory to be updated prior to the issuance of the | ||
recommendations of the Task Force. Therefore, the State Agency | ||
shall immediately update the existing bed inventory and | ||
associated bed need projections required by Sections 12 and | ||
12.3 of this Act, using the most recently published historical | ||
utilization data, 5-year 10-year population projections, and | ||
an appropriate migration factor for the medical-surgical and | ||
pediatric category of service which shall be no less than 50%. | ||
The State Agency shall provide written documentation providing | ||
the methodology and rationale used to determine the appropriate | ||
migration factor.
| ||
(Source: P.A. 95-5, eff. 5-31-07 .)
|
(20 ILCS 3960/14.1)
| ||
Sec. 14.1. Denial of permit; other sanctions. | ||
(a) The State Board may deny an application for a permit or | ||
may revoke or
take other action as permitted by this Act with | ||
regard to a permit as the State
Board deems appropriate, | ||
including the imposition of fines as set forth in this
Section, | ||
for any one or a combination of the following: | ||
(1) The acquisition of major medical equipment without | ||
a permit or in
violation of the terms of a permit. | ||
(2) The establishment, construction, or modification | ||
of a health care
facility without a permit or in violation | ||
of the terms of a permit. | ||
(3) The violation of any provision of this Act or any | ||
rule adopted
under this Act. | ||
(4) The failure, by any person subject to this Act, to | ||
provide information
requested by the State Board or Agency | ||
within 30 days after a formal written
request for the | ||
information. | ||
(5) The failure to pay any fine imposed under this | ||
Section within 30 days
of its imposition. | ||
(a-5) For facilities licensed under the ID/DD Community | ||
Care Act, no permit shall be denied on the basis of prior | ||
operator history, other than for actions specified under item | ||
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care | ||
Act. For facilities licensed under the Specialized Mental |
Health Rehabilitation Act, no permit shall be denied on the | ||
basis of prior operator history, other than for actions | ||
specified under item (2), (4), or (5) of Section 3-117 of the | ||
Specialized Mental Health Rehabilitation Act. For facilities | ||
licensed under the Nursing Home Care Act, no permit shall be | ||
denied on the basis of prior operator history, other than for: | ||
(i) actions specified under item (2), (3), (4), (5), or (6) of | ||
Section 3-117 of the Nursing Home Care Act; (ii) actions | ||
specified under item (a)(6) of Section 3-119 of the Nursing | ||
Home Care Act; or (iii) actions within the preceding 5 years | ||
constituting a substantial and repeated failure to comply with | ||
the Nursing Home Care Act or the rules and regulations adopted | ||
by the Department under that Act. The State Board shall not | ||
deny a permit on account of any action described in this | ||
subsection (a-5) without also considering all such actions in | ||
the light of all relevant information available to the State | ||
Board, including whether the permit is sought to substantially | ||
comply with a mandatory or voluntary plan of correction | ||
associated with any action described in this subsection (a-5).
| ||
(b) Persons shall be subject to fines as follows: | ||
(1) A permit holder who fails to comply with the | ||
requirements of
maintaining a valid permit shall be fined | ||
an amount not to exceed 1% of the
approved permit amount | ||
plus an additional 1% of the approved permit amount for
| ||
each 30-day period, or fraction thereof, that the violation | ||
continues. |
(2) A permit holder who alters the scope of an approved | ||
project or whose
project costs exceed the allowable permit | ||
amount without first obtaining
approval from the State | ||
Board shall be fined an amount not to exceed the sum of
(i) | ||
the lesser of $25,000 or 2% of the approved permit amount | ||
and (ii) in those
cases where the approved permit amount is | ||
exceeded by more than $1,000,000, an
additional $20,000 for | ||
each $1,000,000, or fraction thereof, in excess of the
| ||
approved permit amount. | ||
(2.5) A permit holder who fails to comply with the | ||
post-permit and reporting requirements set forth in | ||
Section 5 shall be fined an amount not to exceed $10,000 | ||
plus an additional $10,000 for each 30-day period, or | ||
fraction thereof, that the violation continues. This fine | ||
shall continue to accrue until the date that (i) the | ||
post-permit requirements are met and the post-permit | ||
reports are received by the State Board or (ii) the matter | ||
is referred by the State Board to the State Board's legal | ||
counsel. The accrued fine is not waived by the permit | ||
holder submitting the required information and reports. | ||
Prior to any fine beginning to accrue, the Board shall
| ||
notify, in writing, a permit holder of the due date
for the | ||
post-permit and reporting requirements no later than 30 | ||
days
before the due date for the requirements. This | ||
paragraph (2.5) takes
effect 6 months after the effective | ||
date of this amendatory Act
of the 97th General Assembly. |
(3) A person who acquires major medical equipment or | ||
who establishes a
category of service without first | ||
obtaining a permit or exemption, as the case
may be, shall | ||
be fined an amount not to exceed $10,000 for each such
| ||
acquisition or category of service established plus an | ||
additional $10,000 for
each 30-day period, or fraction | ||
thereof, that the violation continues. | ||
(4) A person who constructs, modifies, or establishes a | ||
health care
facility without first obtaining a permit shall | ||
be fined an amount not to
exceed $25,000 plus an additional | ||
$25,000 for each 30-day period, or fraction
thereof, that | ||
the violation continues. | ||
(5) A person who discontinues a health care facility or | ||
a category of
service without first obtaining a permit | ||
shall be fined an amount not to exceed
$10,000 plus an | ||
additional $10,000 for each 30-day period, or fraction | ||
thereof,
that the violation continues. For purposes of this | ||
subparagraph (5), facilities licensed under the Nursing | ||
Home Care Act or the ID/DD Community Care Act, with the | ||
exceptions of facilities operated by a county or Illinois | ||
Veterans Homes, are exempt from this permit requirement. | ||
However, facilities licensed under the Nursing Home Care | ||
Act or the ID/DD Community Care Act must comply with | ||
Section 3-423 of the Nursing Home Care Act or Section 3-423 | ||
of the ID/DD Community Care Act and must provide the Board | ||
with 30-days' written notice of its intent to close.
|
(6) A person subject to this Act who fails to provide | ||
information
requested by the State Board or Agency within | ||
30 days of a formal written
request shall be fined an | ||
amount not to exceed $1,000 plus an additional $1,000
for | ||
each 30-day period, or fraction thereof, that the | ||
information is not
received by the State Board or Agency. | ||
(c) Before imposing any fine authorized under this Section, | ||
the State Board
shall afford the person or permit holder, as | ||
the case may be, an appearance
before the State Board and an | ||
opportunity for a hearing before a hearing
officer appointed by | ||
the State Board. The hearing shall be conducted in
accordance | ||
with Section 10. | ||
(d) All fines collected under this Act shall be transmitted | ||
to the State
Treasurer, who shall deposit them into the | ||
Illinois Health Facilities Planning
Fund. | ||
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | ||
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
| ||
(20 ILCS 3960/19.5.1 new) | ||
Sec. 19.5.1. Applicability of changes made by this | ||
amendatory Act of the 97th General Assembly. The changes to | ||
this Act made by this amendatory Act of the 97th General | ||
Assembly apply only to applications or modifications to permit | ||
applications filed on or after the effective date of this | ||
amendatory Act of the 97th General Assembly.
| ||
Section 99. Effective date. This Act takes effect upon |
becoming law.
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