Rep. Brandon W. Phelps
Filed: 3/17/2015
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1 | AMENDMENT TO HOUSE BILL 3510
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2 | AMENDMENT NO. ______. Amend House Bill 3510 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Health Facilities Planning Act is | ||||||
5 | amended by changing Section 12 as follows:
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6 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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7 | (Section scheduled to be repealed on December 31, 2019) | ||||||
8 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
9 | this Act,
the State Board
shall
exercise the following powers | ||||||
10 | and duties:
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11 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
12 | procedures or reviews which may vary
according to the purpose | ||||||
13 | for which a particular review is being conducted
or the type of | ||||||
14 | project reviewed and which are required to carry out the
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15 | provisions and purposes of this Act. Policies and procedures of | ||||||
16 | the State Board shall take into consideration the priorities |
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1 | and needs of medically underserved areas and other health care | ||||||
2 | services identified through the comprehensive health planning | ||||||
3 | process, giving special consideration to the impact of projects | ||||||
4 | on access to safety net services.
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5 | (2) Adopt procedures for public
notice and hearing on all | ||||||
6 | proposed rules, regulations, standards,
criteria, and plans | ||||||
7 | required to carry out the provisions of this Act.
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8 | (3) (Blank).
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9 | (4) Develop criteria and standards for health care | ||||||
10 | facilities planning,
conduct statewide inventories of health | ||||||
11 | care facilities, maintain an updated
inventory on the Board's | ||||||
12 | web site reflecting the
most recent bed and service
changes and | ||||||
13 | updated need determinations when new census data become | ||||||
14 | available
or new need formulae
are adopted,
and
develop health | ||||||
15 | care facility plans which shall be utilized in the review of
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16 | applications for permit under
this Act. Such health facility | ||||||
17 | plans shall be coordinated by the Board
with pertinent State | ||||||
18 | Plans. Inventories pursuant to this Section of skilled or | ||||||
19 | intermediate care facilities licensed under the Nursing Home | ||||||
20 | Care Act, skilled or intermediate care facilities licensed | ||||||
21 | under the ID/DD Community Care Act, facilities licensed under | ||||||
22 | the Specialized Mental Health Rehabilitation Act, or nursing | ||||||
23 | homes licensed under the Hospital Licensing Act shall be | ||||||
24 | conducted on an annual basis no later than July 1 of each year | ||||||
25 | and shall include among the information requested a list of all | ||||||
26 | services provided by a facility to its residents and to the |
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1 | community at large and differentiate between active and | ||||||
2 | inactive beds.
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3 | In developing health care facility plans, the State Board | ||||||
4 | shall consider,
but shall not be limited to, the following:
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5 | (a) The size, composition and growth of the population | ||||||
6 | of the area
to be served;
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7 | (b) The number of existing and planned facilities | ||||||
8 | offering similar
programs;
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9 | (c) The extent of utilization of existing facilities;
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10 | (d) The availability of facilities which may serve as | ||||||
11 | alternatives
or substitutes;
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12 | (e) The availability of personnel necessary to the | ||||||
13 | operation of the
facility;
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14 | (f) Multi-institutional planning and the establishment | ||||||
15 | of
multi-institutional systems where feasible;
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16 | (g) The financial and economic feasibility of proposed | ||||||
17 | construction
or modification; and
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18 | (h) In the case of health care facilities established | ||||||
19 | by a religious
body or denomination, the needs of the | ||||||
20 | members of such religious body or
denomination may be | ||||||
21 | considered to be public need.
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22 | The health care facility plans which are developed and | ||||||
23 | adopted in
accordance with this Section shall form the basis | ||||||
24 | for the plan of the State
to deal most effectively with | ||||||
25 | statewide health needs in regard to health
care facilities.
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26 | (5) Coordinate with the Center for Comprehensive Health |
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1 | Planning and other state agencies having responsibilities
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2 | affecting health care facilities, including those of licensure | ||||||
3 | and cost
reporting. Beginning no later than January 1, 2013, | ||||||
4 | the Department of Public Health shall produce a written annual | ||||||
5 | report to the Governor and the General Assembly regarding the | ||||||
6 | development of the Center for Comprehensive Health Planning. | ||||||
7 | The Chairman of the State Board and the State Board | ||||||
8 | Administrator shall also receive a copy of the annual report.
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9 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
10 | State
any grants or bequests of money, securities or property | ||||||
11 | for
use by the State Board or Center for Comprehensive Health | ||||||
12 | Planning in the administration of this Act; and enter into | ||||||
13 | contracts
consistent with the appropriations for purposes | ||||||
14 | enumerated in this Act.
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15 | (7) The State Board shall prescribe procedures for review, | ||||||
16 | standards,
and criteria which shall be utilized
to make | ||||||
17 | periodic reviews and determinations of the appropriateness
of | ||||||
18 | any existing health services being rendered by health care | ||||||
19 | facilities
subject to the Act. The State Board shall consider | ||||||
20 | recommendations of the
Board in making its
determinations.
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21 | (8) Prescribe, in consultation
with the Center for | ||||||
22 | Comprehensive Health Planning, rules, regulations,
standards, | ||||||
23 | and criteria for the conduct of an expeditious review of
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24 | applications
for permits for projects of construction or | ||||||
25 | modification of a health care
facility, which projects are | ||||||
26 | classified as emergency, substantive, or non-substantive in |
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1 | nature. | ||||||
2 | Six months after June 30, 2009 (the effective date of | ||||||
3 | Public Act 96-31), substantive projects shall include no more | ||||||
4 | than the following: | ||||||
5 | (a) Projects to construct (1) a new or replacement | ||||||
6 | facility located on a new site or
(2) a replacement | ||||||
7 | facility located on the same site as the original facility | ||||||
8 | and the cost of the replacement facility exceeds the | ||||||
9 | capital expenditure minimum, which shall be reviewed by the | ||||||
10 | Board within 120 days; | ||||||
11 | (b) Projects proposing a
(1) new service within an | ||||||
12 | existing healthcare facility or
(2) discontinuation of a | ||||||
13 | service within an existing healthcare facility, which | ||||||
14 | shall be reviewed by the Board within 60 days; or | ||||||
15 | (c) Projects proposing a change in the bed capacity of | ||||||
16 | a health care facility by an increase in the total number | ||||||
17 | of beds or by a redistribution of beds among various | ||||||
18 | categories of service or by a relocation of beds from one | ||||||
19 | physical facility or site to another by more than 20 beds | ||||||
20 | or more than 10% of total bed capacity, as defined by the | ||||||
21 | State Board, whichever is less, over a 2-year period. | ||||||
22 | The Chairman may approve applications for exemption that | ||||||
23 | meet the criteria set forth in rules or refer them to the full | ||||||
24 | Board. The Chairman may approve any unopposed application that | ||||||
25 | meets all of the review criteria or refer them to the full | ||||||
26 | Board. |
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1 | Such rules shall
not abridge the right of the Center for | ||||||
2 | Comprehensive Health Planning to make
recommendations on the | ||||||
3 | classification and approval of projects, nor shall
such rules | ||||||
4 | prevent the conduct of a public hearing upon the timely request
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5 | of an interested party. Such reviews shall not exceed 60 days | ||||||
6 | from the
date the application is declared to be complete.
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7 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
8 | pertaining to the granting of permits for
construction
and | ||||||
9 | modifications which are emergent in nature and must be | ||||||
10 | undertaken
immediately to prevent or correct structural | ||||||
11 | deficiencies or hazardous
conditions that may harm or injure | ||||||
12 | persons using the facility, as defined
in the rules and | ||||||
13 | regulations of the State Board. This procedure is exempt
from | ||||||
14 | public hearing requirements of this Act.
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15 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
16 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
17 | days, of applications for permits for projects to
construct or | ||||||
18 | modify health care facilities which are needed for the care
and | ||||||
19 | treatment of persons who have acquired immunodeficiency | ||||||
20 | syndrome (AIDS)
or related conditions.
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21 | (11) Issue written decisions upon request of the applicant | ||||||
22 | or an adversely affected party to the Board. Requests for a | ||||||
23 | written decision shall be made within 15 days after the Board | ||||||
24 | meeting in which a final decision has been made. A "final | ||||||
25 | decision" for purposes of this Act is the decision to approve | ||||||
26 | or deny an application, or take other actions permitted under |
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1 | this Act, at the time and date of the meeting that such action | ||||||
2 | is scheduled by the Board. State Board members shall provide | ||||||
3 | their rationale when voting on an item before the State Board | ||||||
4 | at a State Board meeting in order to comply with subsection (b) | ||||||
5 | of Section 3-108 of the Administrative Review Law of the Code | ||||||
6 | of Civil Procedure. The transcript of the State Board meeting | ||||||
7 | shall be incorporated into the Board's final decision. The | ||||||
8 | staff of the Board shall prepare a written copy of the final | ||||||
9 | decision and the Board shall approve a final copy for inclusion | ||||||
10 | in the formal record. The Board shall consider, for approval, | ||||||
11 | the written draft of the final decision no later than the next | ||||||
12 | scheduled Board meeting. The written decision shall identify | ||||||
13 | the applicable criteria and factors listed in this Act and the | ||||||
14 | Board's regulations that were taken into consideration by the | ||||||
15 | Board when coming to a final decision. If the Board denies or | ||||||
16 | fails to approve an application for permit or exemption, the | ||||||
17 | Board shall include in the final decision a detailed | ||||||
18 | explanation as to why the application was denied and identify | ||||||
19 | what specific criteria or standards the applicant did not | ||||||
20 | fulfill. | ||||||
21 | (12) Require at least one of its members to participate in | ||||||
22 | any public hearing, after the appointment of a majority of the | ||||||
23 | members to the Board. | ||||||
24 | (13) Provide a mechanism for the public to comment on, and | ||||||
25 | request changes to, draft rules and standards. | ||||||
26 | (14) Implement public information campaigns to regularly |
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1 | inform the general public about the opportunity for public | ||||||
2 | hearings and public hearing procedures. | ||||||
3 | (15) Establish a separate set of rules and guidelines for | ||||||
4 | long-term care that recognizes that nursing homes are a | ||||||
5 | different business line and service model from other regulated | ||||||
6 | facilities. An open and transparent process shall be developed | ||||||
7 | that considers the following: how skilled nursing fits in the | ||||||
8 | continuum of care with other care providers, modernization of | ||||||
9 | nursing homes, establishment of more private rooms, | ||||||
10 | development of alternative services, and current trends in | ||||||
11 | long-term care services.
The Chairman of the Board shall | ||||||
12 | appoint a permanent Health Services Review Board Long-term Care | ||||||
13 | Facility Advisory Subcommittee that shall develop and | ||||||
14 | recommend to the Board the rules to be established by the Board | ||||||
15 | under this paragraph (15). The Subcommittee shall also provide | ||||||
16 | continuous review and commentary on policies and procedures | ||||||
17 | relative to long-term care and the review of related projects. | ||||||
18 | The Subcommittee shall make recommendations to the Board no | ||||||
19 | later than January 1, 2016 and every January thereafter | ||||||
20 | pursuant to the Subcommittee's responsibility for the | ||||||
21 | continuous review and commentary on policies and procedures | ||||||
22 | relative to long-term care. The Subcommittee shall provide the | ||||||
23 | Board with draft rules regarding the Subcommittee's | ||||||
24 | responsibility for the review of long-term care projects and | ||||||
25 | the making of non-binding recommendations to the Board on | ||||||
26 | specific projects for the Board to review and file with the |
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1 | Index Division of the Office of the Secretary of State no later | ||||||
2 | than April 1, 2016. In consultation with other experts from the | ||||||
3 | health field of long-term care, the Board and the Subcommittee | ||||||
4 | shall study new approaches to the current bed need formula and | ||||||
5 | Health Service Area boundaries to encourage flexibility and | ||||||
6 | innovation in design models reflective of the changing | ||||||
7 | long-term care marketplace and consumer preferences and submit | ||||||
8 | its recommendations to the Chairman of the Board no later than | ||||||
9 | January 1, 2016 . The Subcommittee shall evaluate, and make | ||||||
10 | recommendations to the State Board regarding, the buying, | ||||||
11 | selling, and exchange of beds between long-term care facilities | ||||||
12 | within a specified geographic area or drive time. The Board | ||||||
13 | shall file the proposed related administrative rules for the | ||||||
14 | separate rules and guidelines for long-term care required by | ||||||
15 | this paragraph (15) by no later than September 30, 2011. The | ||||||
16 | Subcommittee shall be provided a reasonable and timely | ||||||
17 | opportunity to review and comment on any review, revision, or | ||||||
18 | updating of the criteria, standards, procedures, and rules used | ||||||
19 | to evaluate project applications as provided under Section 12.3 | ||||||
20 | of this Act. | ||||||
21 | The Chairman of the Board shall ensure that the | ||||||
22 | Subcommittee includes 2 members recommended from each of the 3 | ||||||
23 | statewide long-term care provider associations by January 1, | ||||||
24 | 2016. | ||||||
25 | The Chairman of the Board shall select a Subcommittee | ||||||
26 | Chair, who shall serve for a period of one year, from those |
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1 | serving on the Subcommittee at the recommendation of the 3 | ||||||
2 | long-term care provider associations. Each year thereafter, | ||||||
3 | the Chairman of the Board shall name a successor Subcommittee | ||||||
4 | Chair from the recommendations of a different provider | ||||||
5 | association. Voting members shall be appointed for a period of | ||||||
6 | 3 years, with one-third of the terms expiring each January, to | ||||||
7 | be determined by lot. One representative from the Department of | ||||||
8 | Public Health, the Department of Healthcare and Family | ||||||
9 | Services, and the Department of Human Services shall each serve | ||||||
10 | as a non-voting member of the Subcommittee. | ||||||
11 | (16) Prescribe and provide forms pertaining to the State | ||||||
12 | Board Staff Report. A State Board Staff Report shall pertain to | ||||||
13 | applications that include, but are not limited to, applications | ||||||
14 | for permit or exemption, applications for permit renewal, | ||||||
15 | applications for extension of the obligation period, | ||||||
16 | applications requesting a declaratory ruling, or applications | ||||||
17 | under the Health Care Worker Self-Referral Self Referral Act. | ||||||
18 | State Board Staff Reports shall compare applications to the | ||||||
19 | relevant review criteria under the Board's rules. | ||||||
20 | (17) (16) Establish a separate set of rules and guidelines | ||||||
21 | for facilities licensed under the Specialized Mental Health | ||||||
22 | Rehabilitation Act of 2013. An application for the | ||||||
23 | re-establishment of a facility in connection with the | ||||||
24 | relocation of the facility shall not be granted unless the | ||||||
25 | applicant has a contractual relationship with at least one | ||||||
26 | hospital to provide emergency and inpatient mental health |
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1 | services required by facility consumers, and at least one | ||||||
2 | community mental health agency to provide oversight and | ||||||
3 | assistance to facility consumers while living in the facility, | ||||||
4 | and appropriate services, including case management, to assist | ||||||
5 | them to prepare for discharge and reside stably in the | ||||||
6 | community thereafter. No new facilities licensed under the | ||||||
7 | Specialized Mental Health Rehabilitation Act of 2013 shall be | ||||||
8 | established after June 16, 2014 ( the effective date of Public | ||||||
9 | Act 98-651) this amendatory Act of the 98th General Assembly | ||||||
10 | except in connection with the relocation of an existing | ||||||
11 | facility to a new location. An application for a new location | ||||||
12 | shall not be approved unless there are adequate community | ||||||
13 | services accessible to the consumers within a reasonable | ||||||
14 | distance, or by use of public transportation, so as to | ||||||
15 | facilitate the goal of achieving maximum individual self-care | ||||||
16 | and independence. At no time shall the total number of | ||||||
17 | authorized beds under this Act in facilities licensed under the | ||||||
18 | Specialized Mental Health Rehabilitation Act of 2013 exceed the | ||||||
19 | number of authorized beds on June 16, 2014 ( the effective date | ||||||
20 | of Public Act 98-651) this amendatory Act of the 98th General | ||||||
21 | Assembly . | ||||||
22 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
23 | eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; | ||||||
24 | 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. | ||||||
25 | 6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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