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| Public Act 099-0277 | ||||
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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 Section 12 as follows:
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(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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(Section scheduled to be repealed on December 31, 2019) | ||||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:
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(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
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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.
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(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.
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(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
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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.
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In developing health care facility plans, the State Board | ||
shall consider,
but shall not be limited to, the following:
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(a) The size, composition and growth of the population | ||
of the area
to be served;
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(b) The number of existing and planned facilities | ||
offering similar
programs;
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(c) The extent of utilization of existing facilities;
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(d) The availability of facilities which may serve as | ||
alternatives
or substitutes;
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(e) The availability of personnel necessary to the | ||
operation of the
facility;
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(f) Multi-institutional planning and the establishment | ||
of
multi-institutional systems where feasible;
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(g) The financial and economic feasibility of proposed | ||
construction
or modification; and
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(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.
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(5) Coordinate with the Center for Comprehensive Health | ||
Planning and other state agencies having responsibilities
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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.
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(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.
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(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.
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(8) Prescribe, in consultation
with the Center for | ||
Comprehensive Health Planning, rules, regulations,
standards, | ||
and criteria for the conduct of an expeditious review of
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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
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of an interested party. Such reviews shall not exceed 60 days | ||
from the
date the application is declared to be complete.
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(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.
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(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.
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(11) Issue written decisions upon request of the applicant | ||
or an adversely affected party to the Board. Requests for a | ||
written decision shall be made within 15 days after the Board | ||
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. State Board members shall provide | ||
their rationale when voting on an item before the State Board | ||
at a State Board meeting in order to comply with subsection (b) | ||
of Section 3-108 of the Administrative Review Law of the Code | ||
of Civil Procedure. The transcript of the State Board meeting | ||
shall be incorporated into the Board's final decision. The | ||
staff of the Board shall prepare a written copy of the final | ||
decision and the Board shall approve a final copy for inclusion | ||
in the formal record. The Board shall consider, for approval, | ||
the written draft of the final decision no later than the next | ||
scheduled Board meeting. 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 Board denies or | ||
fails to approve an application for permit or exemption, the | ||
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 | ||
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. | ||
The Subcommittee shall make recommendations to the Board no | ||
later than January 1, 2016 and every January thereafter | ||
pursuant to the Subcommittee's responsibility for the | ||
continuous review and commentary on policies and procedures | ||
relative to long-term care. 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 | ||
and submit its recommendations to the Chairman of the Board no | ||
later than January 1, 2017. The Subcommittee shall evaluate, | ||
and make recommendations to the State Board regarding, the | ||
buying, selling, and exchange of beds between long-term care | ||
facilities within a specified geographic area or drive time. | ||
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. 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. | ||
The Chairman of the Board shall appoint voting members of | ||
the Subcommittee, who shall serve for a period of 3 years, with | ||
one-third of the terms expiring each January, to be determined | ||
by lot. Appointees shall include, but not be limited to, | ||
recommendations from each of the 3 statewide long-term care | ||
associations, with an equal number to be appointed from each. | ||
Compliance with this provision shall be through the appointment | ||
and reappointment process. All appointees serving as of April | ||
1, 2015 shall serve to the end of their term as determined by | ||
lot or until the appointee voluntarily resigns, whichever is | ||
earlier. | ||
One representative from the Department of Public Health, | ||
the Department of Healthcare and Family Services, the | ||
Department on Aging, and the Department of Human Services may | ||
each serve as an ex-officio non-voting member of the | ||
Subcommittee. The Chairman of the Board shall select a | ||
Subcommittee Chair, who shall serve for a period of 3 years. | ||
(16) Prescribe and provide forms pertaining to the State | ||
Board Staff Report. A State Board Staff Report shall pertain to | ||
applications that include, but are not limited to, applications | ||
for permit or exemption, applications for permit renewal, | ||
applications for extension of the obligation period, | ||
applications requesting a declaratory ruling, or applications | ||
under the Health Care Worker Self-Referral Self Referral Act. | ||
State Board Staff Reports shall compare applications to the | ||
relevant review criteria under the Board's rules. | ||
(17) (16) Establish a separate set of rules and guidelines | ||
for facilities licensed under the Specialized Mental Health | ||
Rehabilitation Act of 2013. An application for the | ||
re-establishment of a facility in connection with the | ||
relocation of the facility shall not be granted unless the | ||
applicant has a contractual relationship with at least one | ||
hospital to provide emergency and inpatient mental health | ||
services required by facility consumers, and at least one | ||
community mental health agency to provide oversight and | ||
assistance to facility consumers while living in the facility, | ||
and appropriate services, including case management, to assist | ||
them to prepare for discharge and reside stably in the | ||
community thereafter. No new facilities licensed under the | ||
Specialized Mental Health Rehabilitation Act of 2013 shall be | ||
established after June 16, 2014 (the effective date of Public | ||
Act 98-651) this amendatory Act of the 98th General Assembly | ||
except in connection with the relocation of an existing | ||
facility to a new location. An application for a new location | ||
shall not be approved unless there are adequate community | ||
services accessible to the consumers within a reasonable | ||
distance, or by use of public transportation, so as to | ||
facilitate the goal of achieving maximum individual self-care | ||
and independence. At no time shall the total number of | ||
authorized beds under this Act in facilities licensed under the | ||
Specialized Mental Health Rehabilitation Act of 2013 exceed the | ||
number of authorized beds on June 16, 2014 (the effective date | ||
of Public Act 98-651) this amendatory Act of the 98th General | ||
Assembly. | ||
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||
eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; | ||
98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. | ||
6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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