Section 1130.230  Fees

a)         HFSRB staff shall charge and collect an amount determined by HFSRB and its staff to be reasonable fees for processing of the applications by HFSRB.  HFSRB shall set amounts by rule (see subsection (h)).  Application fees for continuing care retirement communities and other health care models that include regulated and unregulated components shall apply only to those components subject to regulation under the Act.  All fees and fines collected under the Act shall be deposited into the Illinois Health Facilities Planning Fund to be used for the expenses of administering the Act. [20 ILCS 3960/12.2]

b)         A fee shall be assessed on all matters requiring an application-processing fee (as detailed in other Sections of this Part), except for the following:

1)         projects classified as emergency; or

2)         projects that are not subject to a fee in accordance with the provisions of Subpart E.

c)         Fee payment shall be by check or money order made payable to the Illinois Department of Public Health.

d)         Any matter requiring an application processing fee shall be declared null and void if payment of the total fee has not been received by HFSRB staff within 30 days after notice of the amount due has been received by an applicant or person requesting action from HFSRB.

e)         No action shall be taken by HFSRB on any matter requiring an application processing fee for which the total required fee has not been received.

f)         Fee payments are not refundable and may be recovered in full or in part only by petitioning the Illinois Court of Claims for recovery.

g)         Appeal of any required fee amount is to be made to HFSRB, pursuant to Section 1130.810.

h)         Types of Fees

1)         Exemption Application Processing Fee

The exemption application processing fee shall be $2,500.

2)         CON Permit Application Processing Fee

A)        All applicants, except those with projects that are not subject to a fee, are required to submit an application processing fee. An initial fee deposit of $2,500 shall accompany each application for permit submitted to HFSRB.  When an application is deemed complete, the full amount of the fee shall be determined.

B)        HFSRB staff shall charge and collect an amount determined by the State Board and the staff to be reasonable fees for the processing of applications by the State Board. Application fees for continuing care retirement communities and other health care models that include regulated and unregulated components shall apply only to those components subject to regulation under the Act. [20 ILCS 3960/12.2]

C)        Following the determination of estimated total project costs, the CON application processing fees are calculated as follows.  For each project having a total estimated project cost of:

i)          less than $1,250,000, the application fee shall be $2,500;

ii)         at or above $1,250,000, the application fee shall be 0.22% of the project costs.

D)        The maximum application fee shall not exceed $100,000.

E)        Once an application is deemed complete, written notice for any additional fee balance due will be sent to the applicant.  Applications shall be declared null and void if the total application fee has not been paid within 30 days after receipt of notice.

3)         Modification of an Application for Permit

A)        If a modification of an application for permit results in an increase in the total estimated project cost, the application processing fee shall be recalculated on the basis of the revised estimated project cost.  This Section is applicable with respect to any additional fees required for a modified application.

B)        If a modification results in the need for an additional notification of opportunity for public hearing, then an additional fee of $2,000 will be assessed.

4)         Request for Extension of Financial Commitment

A)        A request for extension shall be assessed a $500 application-processing fee and is subject to the requirements of this subsection (h). 

B)        A request for extension that HFSRB receives less than 45 days prior to the permit financial commitment date shall be subject to an additional $500 late application-processing fee.

C)        HFSRB will not process an extension request until it receives the application-processing fee.

5)         Permit Renewal

A permit renewal request shall be assessed a $500 application-processing fee and is subject to the requirements of this subsection (h).  Permit renewal requests that are not received at least 45 days prior to the expiration date of the permit shall be subject to an additional $500 late application-processing fee.  HFSRB will not process a permit renewal request until it receives the application-processing fee.  Any renewal request HFSRB receives after the completion date is subject to the fines provided in the Act.

6)         Post-Permit Alterations

A)        An alteration request shall be assessed an application processing fee of $1,000 and is subject to the requirements of this Section. 

B)        If HFSRB does not receive the alteration request at least 45 days before the permit expires, the application will be assessed an additional $500 late application-processing fee. 

C)        An alteration request will not be processed until HFSRB receives the application-processing fee.  Any alteration request received after the completion date is subject to the fines provided in the Section 14.1 of the Act and Section 1130.790.

7)         Relinquishment of a Permit or Exemption

A)        Any relinquishment undertaken without prior HFSRB approval shall be considered a violation of the Act and shall be subject to the sanctions and penalties in the Act and in Section 1130.790.

B)        A request for relinquishment shall be assessed an application processing fee of $1,000.

(Source:  Amended at 40 Ill. Reg. 14647, effective October 14, 2016)