b)         Grants are subject to the Illinois Grant Funds Recovery Act [30 ILCS 705]. Any grant funds not legally obligated within two years after disbursement by the State shall be returned to the Board within 45 days.

c)         Nothing in this Part shall exempt a healthcare provider from any requirement of the Illinois Health Facilities Planning Act [20 ILCS 3960/1 et seq.] including the process for a Certificate of Need. [20 ILCS 3105/20(d)]  

Section 44.115  Grantee Eligibility

a)         Any health care provider, including an Illinois hospital licensed under the Hospital Licensing Act, that is enrolled as an eligible medical provider with the Department may be eligible to receive a Capital Program grant.

b)         Participation in a collaborative under the Services Program is not a pre-requisite for eligibility in the Capital Program.

c)         However, applicants must demonstrate how the Capital Program Project will promote the transformation of healthcare in Illinois.

Section 44.120  Project Eligibility

Eligible applicants must meet the following criteria.

a)         Applicants must be "qualified" in accordance with the GATA Rules, 44 Ill. Adm. Code 7000.70;

b)         Applicants must be willing to enter into the Uniform Grant Agreement required by GATA Rules (see 44 Ill. Adm. Code 7000.300) that outlines the roles, responsibilities, and obligations of the parties;

c)         Applicants must demonstrate that the proposed Project addresses community needs and desires (e.g., lack of sufficiently allocated healthcare resources (particularly community-based services), preventive care, obstetric care, chronic disease management, specialty care and the social and structural determinants of health) established via direct community input;

d)         Applicants must propose healthcare related quality metrics to track the long-term impact of the Project after completion of the Project;

e)         Applicants must provide a narrative describing the proposed Project, including the following components:

1)         General Project description and rationale;

2)         New or expanded services/programs to be offered as a result of the Project, the number of people to be served by each, and the estimated date/year of completion;

3)         Site analysis;

4)         Funding sources and cost estimates for the Project; and

5)         Time schedule of major events.

f)         Applicants must provide a description of the population to be served.  The description shall include:

1)         The estimated number of people to be served;

2)         The geographic area to be served;

3)         How the Project will promote racial equity and address social determinants of health; and

4)         Other proposed Project improvements and components.

g)         Applicant must provide a budget that includes a detailed breakdown of all Project costs; and

h)         Applicants must provide any other supporting documentation requested in the NOFO.

Section 44.125  Program Standards for Determination of Priority Needs

a)         At least 20% of funds awarded for the Capital Program shall be awarded to Projects involving one or more Safety Net Hospitals as defined by 305 ILCS 5/5-5e.1.

b)         Priority consideration shall be given to Critical Access Hospitals, which are Illinois hospitals designated as a critical care hospital by the Department of Public Health in accordance with 42 CFR 485, Subpart F; communities that experience significant health disparities aggravated by social determinants of health and insufficient health resources determined by the social vulnerability index published by the Centers for Disease Control and Prevention; and applicants involved in the Services Program pursuant to Section 14-12(d-5) of the Illinois Public Aid Code.

Section 44.130  Application

a)         A NOFO posting will comply with the requirements of 44 Ill. Adm. Code 7000.310(d) and will be posted on the Department's and Board's respective websites, as well as on the Governor's Office of Management and Budget Catalog of State Financial Assistance.

b)         Applicants will submit applications in a form and manner prescribed in the NOFO.

c)         Applications for the Capital Program may be submitted in the same funding cycle as applications related to the Services Program.

Section 44.135  Merit Based Review

a)         The Department, in consultation with the Board, will review applications using the grantee and Project eligibility requirements detailed in Section 115 and 120. Failing to get an award does not prohibit applicants from submitting future applications if funding is available.

b)         Applications meeting eligibility requirements in Section 115 and 120 will be reviewed based upon, but is not limited to, the following criteria:

1)         Documented need for the Project with priority given to Projects meeting the standards for priority need identified in Section 44.125;

2)         Ability of the applicant to successfully complete Project objectives described in the grant application;

3)         Ability of the applicant to implement and sustain operations upon completion of the Project;

4)         Realistic budget and timeline for the completion of the Project, including the applicant's ability to obtain matching funds and the readiness of the Project to begin once the grant funds are awarded; and

5)         Any other criteria listed in the NOFO for the grant program.

c)         Applicants will be evaluated and scored as outlined in the NOFO and in accordance with this Part.

d)         Grants will be awarded to eligible applicants in a priority order from available State funds.

Section 44.140  Award

a)         Grants will be awarded by the Board in consultation with the Department.

b)         Grant funds may only be used for the Project described in the grant agreement.

c)         Grant awards are conditioned upon the recipient's written certification that it will comply with applicable laws and require compliance of its subcontractors as may be appropriate.  Applicable laws include but are not limited to:

1)         the equal employment practices of Section 2-105 of the Illinois Human Rights Act [775 ILCS 5];

2)         the Illinois Accessibility Code [71 Ill. Adm. Code 400];

3)         the Prevailing Wage Act [820 ILCS 130];

4)         the practices for minority-owned businesses, woman-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Women and Persons with Disabilities Act [30 ILCS 575]; and

5)         the Illinois Works Jobs Program Act Apprenticeship Initiative [30 ILCS 559/20-20], when applicable.

d)         Grants will be awarded based on the availability of funding within a given application period as stated in the NOFO.

e)         The Board may suspend or terminate a grant agreement, recoup grant funds received under this Part or withhold any future grant payments for non-compliance with this Part.

Section 44.145  Use of Funds

a)         A recipient of a grant under the Act and this Part may use the grant monies for one or more of the following:

1)         Construction of an addition to or otherwise expanding an existing facility;

2)         New construction of a facility or renovations to an existing facility;

3)         Acquisition of a facility;

4)         Purchase or replacement of Equipment;

5)         Safety improvements;

6)         Conversions of an existing space;

7)         Satisfy any building code, safety standard or life safety code;

8)         Maintain, establish or improve medical equipment or health information technology;

9)         Maintain or improve patient safety, quality of care, or access to care; or

10)         Purchase information technology limited to hardware and other physical items as specified in the NOFO. 

b)         Grant funds will not be used for the following:

1)         To pay outstanding debt;

2)         To supplant existing funds that support a service, program or activity for which grant support is requested;

3)         To fund expenses associated with the ongoing operational costs;

4)         To lease/rent space for occupancy;

5)         To make leasehold improvements; or

6)         Be allocated to an endowment or other invested fund.

Section 44.150  Post-Award Monitoring

a)         The grant recipient must submit performance and financial progress reports to the Department and the Board as outlined in the grant agreement.

b)         The Department and the Board may assist each grant recipient in meeting the goals and objectives stated in the original grant proposal submitted by the recipient and may provide technical assistance and guidance regarding the use of grant funds in compliance with applicable laws.

c)         Performance and financial progress report deadlines may be extended at the discretion of the Department and the Board only in extraordinary circumstances not in control of the grant recipient.

d)         Actual use of capital dollars awarded will be reported to the Department and the Board at least quarterly, unless more frequent reporting is required by the grant agreement.

Section 44.155  Payment Schedules

Grant funds will be disbursed at the completion of construction milestones and as outlined in the grant agreement.