Public Act 094-0983
 		





SB2436 Enrolled
LRB094 17968 RCE 53271 b






    AN ACT concerning health facilities.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Illinois Health Facilities Planning Act is 
amended  by changing Sections 12, 13, and 19.6  as follows:
 



    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)



    (Section scheduled to be repealed on July 1, 2006)

    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.

    (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) Prescribe criteria for
recognition for areawide health 
planning organizations, including, but
not limited to, 
standards for evaluating the scientific bases for
judgments on 
need and procedure for making these determinations.

    (4) Develop criteria and standards for health care 
facilities planning,
conduct statewide inventories of health 
care facilities, maintain an updated
inventory on the 
Department'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 Agency
with 
the health care facility plans areawide health planning

organizations and with other pertinent State Plans. 
Inventories pursuant to this Section of skilled or intermediate 
care facilities licensed under the Nursing Home Care 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.

    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 other state agencies having 
responsibilities
affecting health care facilities, including 
those of licensure and cost
reporting.

    (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 recognized areawide health 
planning
organizations 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, in
consultation with 
the recognized
areawide health planning organizations, 
procedures for review, standards,
and criteria which shall be 
utilized
to make periodic areawide 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
areawide 
health planning organization and the Agency in making its

determinations.

    (8) Prescribe, in consultation
with the recognized 
areawide health planning organizations, 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 
non-substantive in nature.  Such rules shall
not abridge the 
right of areawide health planning organizations 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 by the Agency.

    (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.

(Source: P.A. 93-41, eff. 6-27-03.)

 



    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)



    (Section scheduled to be repealed on July 1, 2006)

    Sec. 13. Investigation of applications for permits and 
certificates of
recognition. The Agency or the State Board 
shall make or cause to be made
such investigations as it or the 
State Board deems necessary in connection
with an application 
for a permit or an application for a certificate of

recognition, or in connection with a determination of whether 
or not
construction
or modification which has been commenced is 
in accord with the permit issued
by the State Board or whether 
construction or modification has been commenced
without a 
permit having been obtained.  The State Board may issue 
subpoenas
duces tecum requiring the production of records and 
may administer oaths
to such witnesses.

    Any circuit court of this State, upon the application of 
the State Board
or upon the application of any party to such 
proceedings, may, in its
discretion,
compel the attendance of 
witnesses, the production of books, papers, records,
or 
memoranda and the giving of testimony before the State Board, 
by a
proceeding
as for contempt, or otherwise, in the same 
manner as production of evidence
may be compelled before the 
court.

    The State Board shall require all health facilities 
operating
in this State
to provide such reasonable reports at 
such times and containing such
information
as is needed by it 
to carry out the purposes and provisions of this Act.
 Prior to 
collecting information from health facilities, the State Board

shall make reasonable efforts
through a public process to 
consult with health facilities and associations
that represent 
them to determine
whether data and information requests will 
result in useful information for
health planning, whether

sufficient information is available from other sources, and 
whether data
requested is routinely collected
by health 
facilities and is available without retrospective record 
review. Data
and information requests
shall not impose undue 
paperwork burdens on health care facilities and
personnel.
 
Health facilities not complying with this requirement shall be 
reported
to licensing, accrediting, certifying, or payment 
agencies as being in
violation
of State law. Health care 
facilities and other parties at interest shall
have reasonable 
access, under rules established by the State Board, to all

planning information submitted in accord with this Act 
pertaining to their
area.

    Among the reports to be required by the State Board are 
facility questionnaires for health care facilities licensed 
under the Ambulatory Surgical Treatment Center Act, the 
Hospital Licensing Act, the Nursing Home Care Act, or the End 
Stage Renal Disease Facility Act. These questionnaires shall be 
conducted on an annual basis and compiled by the Agency. For 
health care facilities licensed under the Nursing Home Care 
Act, these reports shall include, but not be limited to, the 
identification of specialty services provided by the facility 
to patients, residents, and the community at large. For health 
care facilities that contain long term care beds, the reports 
shall also include the number of staffed long term care beds, 
physical capacity for long term care beds at the facility, and 
long term care beds available for immediate occupancy. For 
purposes of this paragraph, "long term care beds" means beds

(i) licensed under the Nursing Home Care Act or (ii) licensed 
under the Hospital Licensing Act and certified as skilled 
nursing or nursing facility beds under Medicaid or Medicare.

(Source: P.A. 93-41, eff. 6-27-03.)

 



    (20 ILCS 3960/19.6)


    (Section scheduled to be repealed on July 1, 2006)

    Sec. 19.6. Repeal. This Act is repealed on April 1, 2007

July 1, 2006.

(Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.