Public Act 099-0114
 
HB3133 EnrolledLRB099 09158 JLK 29356 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 Sections 6.2, 12, and  14.1 as follows:
 
    (20 ILCS 3960/6.2)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 6.2. Review of permits; State Board Staff Reports. 
Upon receipt of an application for a permit to establish,

construct, or modify a health care facility, the State Board 
staff
shall notify the applicant in writing within 10
working 
days either that the application is or is not complete. If the

application is complete, the State Board staff shall
notify the 
applicant of the beginning of the review process.  If the 
application is not complete, the Board staff shall explain 
within the 10-day period why the application is incomplete.
    The State Board staff shall afford a reasonable amount of 
time as
established by the State Board, but not to exceed 120 
days,
for the review of the application.  The 120-day period

begins on the day the application is found to be
substantially 
complete, as that term is defined by the State
Board. During 
the 120-day period, the applicant may request
an extension. An 
applicant may modify the application at any
time before a final 
administrative decision has been made on the
application.



    The State Board shall prescribe and provide the forms upon

which the State Board Staff Report shall be
made. The State 
Board staff shall submit its State Board Staff Report
to the 
State Board for its decision-making regarding approval or 
denial of the permit.
    When an application for a permit is initially reviewed by

State Board staff, as provided in this Section, the State Board 
shall, upon request by the applicant or an interested person,  
afford an opportunity for a public hearing within a reasonable 
amount of time
after receipt of the complete application, but 
not to exceed
90 days after receipt of the complete 
application. Notice of the hearing shall be made promptly, not 
less than 10 days before the hearing, by
certified mail to the 
applicant and, not less than 10 days before the
hearing, by 
publication in a newspaper of general circulation
in the area 
or community to be affected. The hearing shall
be held in the 
area or community in which the proposed
project is to be 
located and shall be for the purpose of allowing
the applicant 
and any interested person to present public
testimony 
concerning the approval, denial, renewal, or
revocation of the 
permit. All interested persons attending
the hearing shall be 
given a reasonable opportunity to present
their views or 
arguments in writing or orally, and a record
of all of the 
testimony shall accompany any findings of the State
Board 
staff. The State Board shall adopt reasonable rules and 
regulations
governing the procedure and conduct of the 
hearings. 

(Source: P.A. 97-1115, eff. 8-27-12; 98-1086, eff. 8-26-14.)
 
 

    (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. Beginning no later than January 1, 2013, 
the Department of Public Health shall produce a written annual 
report to the Governor and the General Assembly regarding the 
development of the Center for Comprehensive Health Planning. 
The Chairman of the State Board and the State Board 
Administrator shall also receive a copy of the annual report.

    (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, which shall be reviewed by the 
    Board within 120 days;
        (b) Projects proposing a
(1) new service within an 
    existing healthcare facility or
(2) discontinuation of a 
    service within an existing healthcare facility, 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.

    (10.5) Provide its rationale when voting on an item before 
it at a State Board meeting in order to comply with subsection 
(b) of Section 3-108 of the Code of Civil Procedure. 
    (11)  Issue written decisions upon request of the applicant 
or an adversely affected party to the Board. Requests for a 
written decision shall be made within 15 days after the Board 
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. State Board members shall provide 
their rationale when voting on an item before the State Board 
at a State Board meeting in order to comply with subsection (b) 
of Section 3-108 of the Administrative Review Law of the Code 
of Civil Procedure.  The transcript of the State Board meeting 
shall be incorporated into the Board's final decision. The 
staff of the Board shall prepare a written copy of the final 
decision and the Board shall approve a final copy for inclusion 
in the formal record. The Board shall consider, for approval, 
the written draft of the final decision no later than the next 
scheduled Board meeting. The written decision shall identify 
the applicable criteria and factors listed in this Act and the 
Board's regulations that were taken into consideration by the 
Board when coming to a final decision. If the Board denies or 
fails to approve an application for permit or exemption, the 
Board shall include in the final decision a detailed 
explanation as to why the application was denied and identify 
what specific criteria or standards the applicant did not 
fulfill.
    (12)  Require at least one of its members to participate in 
any public hearing, after the appointment of a majority of the 
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 no later than 
September 30, 2011.  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. 
    (16) Prescribe the format of and provide forms pertaining 
to the State Board Staff Report. A State Board Staff Report 
shall pertain to applications that include, but are not limited 
to, applications for permit or exemption, applications for 
permit renewal, applications for extension of the obligation 
period, applications requesting a declaratory ruling, or 
applications under the Health Care Worker Self-Referral Self 
Referral Act.  State Board Staff Reports shall compare 
applications to the relevant review criteria under the Board's 
rules. 
    (17) (16) Establish a separate set of rules and guidelines 
for facilities licensed under the Specialized Mental Health 
Rehabilitation Act of 2013.  An application for the 
re-establishment of a facility in connection with the 
relocation of the facility shall not be granted unless the 
applicant has a contractual relationship with at least one 
hospital to provide emergency and inpatient mental health 
services required by facility consumers, and at least one 
community mental health agency to provide oversight and 
assistance to facility consumers while living in the facility, 
and appropriate services, including case management, to assist 
them to prepare for discharge and  reside stably in the 
community thereafter.  No new facilities licensed under the 
Specialized Mental Health Rehabilitation Act of 2013 shall be 
established after June 16, 2014 (the effective date of Public 
Act 98-651) this amendatory Act of the 98th General Assembly 
except in connection with the relocation of an existing 
facility to a new location. An application for a new location 
shall not be approved unless there are adequate community 
services accessible to the consumers within a reasonable 
distance, or by use of public transportation, so as to 
facilitate the goal of achieving maximum individual self-care 
and independence.  At no time shall the total number of 
authorized beds under this Act in facilities licensed under the 
Specialized Mental Health Rehabilitation Act of 2013 exceed the 
number of authorized beds on June 16, 2014 (the effective date 
of Public Act 98-651) this amendatory Act of the 98th General 
Assembly. 
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, 
eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; 
98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. 
6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
 


    (20 ILCS 3960/14.1)


    Sec. 14.1. Denial of permit; other sanctions. 
    (a) The State Board may deny an application for a permit or 
may revoke or
take other action as permitted by this Act with 
regard to a permit as the State
Board deems appropriate, 
including the imposition of fines as set forth in this
Section, 
for any one or a combination of the following:
        (1) The acquisition of major medical equipment without 
    a permit or in
violation of the terms of a permit.
        (2) The establishment, construction, or modification, 
    or change of ownership of a health care
facility without a 
    permit or exemption or in violation of the terms of a 
    permit.
        (3) The violation of any provision of this Act or any 
    rule adopted
under this Act.
        (4) The failure, by any person subject to this Act, to 
    provide information
requested by the State Board or Agency 
    within 30 days after a formal written
request for the 
    information.
        (5) The failure to pay any fine imposed under this 
    Section within 30 days
of its imposition.
    (a-5) For facilities licensed under the ID/DD Community 
Care Act, no permit shall be denied on the basis of prior 
operator history, other than for actions specified under item 
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care 
Act. For facilities licensed under the Specialized Mental 
Health Rehabilitation Act, no permit shall be denied on the 
basis of prior operator history, other than for actions 
specified under item (2), (4), or (5) of Section 3-117 of the 
Specialized Mental Health Rehabilitation Act. For facilities 
licensed under the Nursing Home Care Act, no permit shall be 
denied on the basis of prior operator history, other than for: 
(i) actions specified under item (2), (3), (4), (5), or (6) of 
Section 3-117 of the Nursing Home Care Act; (ii) actions 
specified under item (a)(6) of Section 3-119 of the Nursing 
Home Care Act; or (iii) actions within the preceding 5 years 
constituting a substantial and repeated failure to comply with 
the Nursing Home Care Act or the rules and regulations adopted  
by the Department under that Act.  The State Board shall not 
deny  a permit on account of any action described in this 
subsection (a-5)  without also considering all such  actions in 
the light of all relevant information available to the State 
Board, including whether the permit is sought to substantially 
comply with a mandatory or voluntary plan of correction 
associated with any action described in this subsection (a-5).

    (b) Persons shall be subject to fines as follows:
        (1) A permit holder who fails to comply with the 
    requirements of
maintaining a valid permit shall be fined 
    an amount not to exceed 1% of the
approved permit amount 
    plus an additional 1% of the approved permit amount for

    each 30-day period, or fraction thereof, that the violation 
    continues.
        (2) A permit holder who alters the scope of an approved 
    project or whose
project costs exceed the allowable permit 
    amount without first obtaining
approval from the State 
    Board shall be fined an amount not to exceed the sum of
(i) 
    the lesser of $25,000 or 2% of the approved permit amount 
    and (ii) in those
cases where the approved permit amount is 
    exceeded by more than $1,000,000, an
additional $20,000 for 
    each $1,000,000, or fraction thereof, in excess of the

    approved permit amount.
        (2.5) A permit holder who fails to comply with the 
    post-permit and reporting requirements set forth in 
    Section 5 shall be fined an amount not to exceed $10,000 
    plus an additional $10,000 for each 30-day period, or 
    fraction thereof, that the violation continues.  This fine 
    shall continue to accrue until the date that (i) the 
    post-permit requirements are met and the post-permit 
    reports are received by the State Board or (ii) the matter 
    is referred by the State Board to the State Board's legal 
    counsel. The accrued fine is not waived by the permit 
    holder submitting the required information and reports. 
    Prior to any fine beginning to accrue, the Board shall

    notify, in writing, a permit holder of the due date
for the 
    post-permit and reporting requirements no later than 30 
    days
before the due date for the requirements.  This 
    paragraph (2.5) takes
effect 6 months after August 27, 2012 
    (the effective date of Public Act 97-1115).
        (3) A person who acquires major medical equipment or 
    who establishes a
category of service without first 
    obtaining a permit or exemption, as the case
may be, shall 
    be fined an amount not to exceed $10,000 for each such

    acquisition or category of service established plus an 
    additional $10,000 for
each 30-day period, or fraction 
    thereof, that the violation continues.
        (4) A person who constructs, modifies, or establishes, 
    or changes ownership of a health care
facility without 
    first obtaining a permit or exemption shall be fined an 
    amount not to
exceed $25,000 plus an additional $25,000 for 
    each 30-day period, or fraction
thereof, that the violation 
    continues.
        (5) A person who discontinues a health care facility or 
    a category of
service without first obtaining a permit or 
    exemption shall be fined an amount not to exceed
$10,000 
    plus an additional $10,000 for each 30-day period, or 
    fraction thereof,
that the violation continues. For 
    purposes of this subparagraph (5), facilities licensed 
    under the Nursing Home Care Act or the ID/DD Community Care 
    Act, with the exceptions of facilities operated by a county 
    or Illinois Veterans Homes, are exempt from this permit 
    requirement.  However, facilities licensed under the 
    Nursing Home Care Act or the ID/DD Community Care Act must 
    comply with Section 3-423 of the Nursing Home Care Act or 
    Section 3-423 of the ID/DD Community Care Act and must 
    provide the Board and the Department of Human Services with 
    30 days' written notice of its intent to close.
Facilities 
    licensed under the ID/DD Community Care Act also must 
    provide the Board and the Department of Human Services with 
    30 days' written notice of its intent to reduce the number 
    of beds for a facility. 
        (6) A person subject to this Act who fails to provide 
    information
requested by the State Board or Agency within 
    30 days of a formal written
request shall be fined an 
    amount not to exceed $1,000 plus an additional $1,000
for 
    each 30-day period, or fraction thereof, that the 
    information is not
received by the State Board or Agency.
    (b-5) The State Board may accept in-kind services instead 
of or in combination with the imposition of a fine. This 
authorization is limited to cases where the non-compliant 
individual or entity has waived the right to an administrative 
hearing or opportunity to appear before the Board regarding the 
non-compliant matter. 
    (c) Before imposing any fine authorized under this Section, 
the State Board
shall afford the person or permit holder, as 
the case may be, an appearance
before the State Board and an 
opportunity for a hearing before a hearing
officer appointed by 
the State Board.  The hearing shall be conducted in
accordance 
with Section 10. Requests for an appearance before the State 
Board must be made within 30 days after receiving notice that a 
fine will be imposed. 
    (d) All fines collected under this Act shall be transmitted 
to the State
Treasurer, who shall deposit them into the 
Illinois Health Facilities Planning
Fund.
    (e) Fines imposed under this Section shall continue to 
accrue until: (i) the date that the matter is referred by the 
State Board to the Board's legal counsel; or (ii) the date that 
the health care facility becomes compliant with the Act, 
whichever is earlier. 
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, 
eff. 7-13-12; 97-980, eff. 8-17-12; 97-1115, eff. 8-27-12; 
98-463, eff. 8-16-13.)

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