Public Act 097-1045
 
SB3614 EnrolledLRB097 17689 PJG 62902 b


  
    AN ACT concerning State government.
  
 
    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 Section 12 as follows:
 



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



    (Section scheduled to be repealed on December 31, 2019)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:

    (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. 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. 

    (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) (Blank).

    (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

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.


    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 the Center for Comprehensive Health 
Planning and 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 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.

    (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.

    (8) Prescribe, in consultation
with the Center for 
Comprehensive Health Planning, 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 
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;
        (b) Projects proposing a
(1) new service or
(2) 
    discontinuation of a service, 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

of an interested party.  Such reviews shall not exceed 60 days 
from the
date the application is declared to be complete.

    (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.

    (11)  Issue written decisions upon request of the applicant 
or an adversely affected party to the Board within 30 days of 
the 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. The staff of the State Board shall 
prepare a written copy of the final decision and the State 
Board shall approve a final copy for inclusion in the formal 
record.
    (12)  Require at least one of its members to participate in 
any public hearing, after the appointment of the 9 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. 
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. 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 September 1, 
2010.  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 prior to approval by the Board 
and promulgation of related rules. 
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; 
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
revised 9-7-11.)
 
 
    Section 99. Effective date. This Act takes effect one year 
after becoming law.