Public Act 103-0714
 
HB5429 EnrolledLRB103 39499 CES 69696 b

    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.)