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92_HB6041eng HB6041 Engrossed LRB9212704ACpk 1 AN ACT in relation to health facilities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Hospital Licensing Act is amended by 5 changing Section 8 as follows: 6 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149) 7 Sec. 8. Facility plan review; fees. 8 (a) Before commencing construction of new facilities or 9 specified types of alteration or additions to an existing 10 hospital involving major construction, as defined by rule by 11 the Department, with an estimated cost greater than $100,000, 12 architectural plans and specifications therefor shall be 13 submitted by the licensee to the Department for review and 14 approval. A hospital may submit architectural drawings and 15 specifications for other construction projects for Department 16 review according to subsection (b) that shall not be subject 17 to fees under subsection (d). Review of drawings and 18 specifications shall be conducted by an employee of the 19 Department meeting the qualifications established by the 20 Department of Central Management Services class 21 specifications for such an individual's position or by a 22 person contracting with the Department who meets those class 23 specifications. Final approval of the plans and 24 specifications for compliance with design and construction 25 standards shall be obtained from the Department before the 26 alteration, addition, or new construction is begun. 27 (b) The Department shall inform an applicant in writing 28 within 10 working days after receiving drawings and 29 specifications and the required fee, if any, from the 30 applicant whether the applicant's submission is complete or 31 incomplete. Failure to provide the applicant with this HB6041 Engrossed -2- LRB9212704ACpk 1 notice within 10 working days shall result in the submission 2 being deemed complete for purposes of initiating the 60-day 3 review period under this Section. If the submission is 4 incomplete, the Department shall inform the applicant of the 5 deficiencies with the submission in writing. If the 6 submission is complete and the required fee, if any, has been 7 paid, the Department shall approve or disapprove drawings and 8 specifications submitted to the Department no later than 60 9 days following receipt by the Department. The drawings and 10 specifications shall be of sufficient detail, as provided by 11 Department rule, to enable the Department to render a 12 determination of compliance with design and construction 13 standards under this Act. If the Department finds that the 14 drawings are not of sufficient detail for it to render a 15 determination of compliance, the plans shall be determined to 16 be incomplete and shall not be considered for purposes of 17 initiating the 60 day review period. If a submission of 18 drawings and specifications is incomplete, the applicant may 19 submit additional information. The 60-day review period 20 shall not commence until the Department determines that a 21 submission of drawings and specifications is complete or the 22 submission is deemed complete. If the Department has not 23 approved or disapproved the drawings and specifications 24 within 60 days, the construction, major alteration, or 25 addition shall be deemed approved. If the drawings and 26 specifications are disapproved, the Department shall state in 27 writing, with specificity, the reasons for the disapproval. 28 The entity submitting the drawings and specifications may 29 submit additional information in response to the written 30 comments from the Department or request a reconsideration of 31 the disapproval. A final decision of approval or disapproval 32 shall be made within 45 days of the receipt of the additional 33 information or reconsideration request. If denied, the 34 Department shall state the specific reasons for the denial. HB6041 Engrossed -3- LRB9212704ACpk 1 (c) The Department shall provide written approval for 2 occupancy pursuant to subsection (g) and shall not issue a 3 violation to a facility as a result of a licensure or 4 complaint survey based upon the facility's physical structure 5 if: 6 (1) the Department reviewed and approved or deemed 7 approved the drawing and specifications for compliance 8 with design and construction standards; 9 (2) the construction, major alteration, or addition 10 was built as submitted; 11 (3) the law or rules have not been amended since 12 the original approval; and 13 (4) the conditions at the facility indicate that 14 there is a reasonable degree of safety provided for the 15 patients. 16 (d) The Department shall charge the following fees in 17 connection with its reviews conducted before June 30, 2004 18 under this Section: 19 (1) (Blank). 20 (2) (Blank). 21 (3) If the estimated dollar value of the 22 alteration, addition, or new construction is $100,000 or 23 more but less than $500,000, the fee shall be the greater 24 of $2,400 or 1.2% of that value. 25 (4) If the estimated dollar value of the 26 alteration, addition, or new construction is $500,000 or 27 more but less than $1,000,000, the fee shall be the 28 greater of $6,000 or 0.96% of that value. 29 (5) If the estimated dollar value of the 30 alteration, addition, or new construction is $1,000,000 31 or more but less than $5,000,000, the fee shall be the 32 greater of $9,600 or 0.22% of that value. 33 (6) If the estimated dollar value of the 34 alteration, addition, or new construction is $5,000,000 HB6041 Engrossed -4- LRB9212704ACpk 1 or more, the fee shall be the greater of $11,000 or 0.11% 2 of that value, but shall not exceed $40,000. 3 The fees provided in this subsection (d) shall not apply 4 to major construction projects involving facility changes 5 that are required by Department rule amendments or to 6 projects related to homeland security. 7 The fees provided in this subsection (d) shall also not 8 apply to major construction projects if 51% or more of the 9 estimated cost of the project is attributed to capital 10 equipment. For major construction projects where 51% or more 11 of the estimated cost of the project is attributed to capital 12 equipment, the Department shall by rule establish a fee that 13 is reasonably related to the cost of reviewing the project. 14 Disproportionate share hospitals and rural hospitals 15 shall only pay one-half of the fees required in this 16 subsection (d). For the purposes of this subsection (d), (i) 17 "disproportionate share hospital" means a hospital described 18 in items (1) through (5) of subsection (b) of Section 5-5.02 19 of the Illinois Public Aid Code and (ii) "rural hospital" 20 means a hospital that is (A) located outside a metropolitan 21 statistical area or (B) located 15 miles or less from a 22 county that is outside a metropolitan statistical area and is 23 licensed to perform medical/surgical or obstetrical services 24 and has a combined total bed capacity of 75 or fewer beds in 25 these 2 service categories as of July 14, 1993, as determined 26 by the Department. 27 The Department shall not commence the facility plan 28 review process under this Section until the applicable fee 29 has been paid. 30 (e) All fees received by the Department under this 31 Section shall be deposited into the Health Facility Plan 32 Review Fund, a special fund created in the State treasury. 33 All fees paid by hospitals under subsection (d) shall be used 34 only to cover the costs relating to the Department's review HB6041 Engrossed -5- LRB9212704ACpk 1 of hospital projects under this Section. Moneys shall be 2 appropriated from that Fund to the Department only to pay the 3 costs of conducting reviews under this Section. None of the 4 moneys in the Health Facility Plan Review Fund shall be used 5 to reduce the amount of General Revenue Fund moneys 6 appropriated to the Department for facility plan reviews 7 conducted pursuant to this Section. 8 (f) (1) The provisions of this amendatory Act of 1997 9 concerning drawings and specifications shall apply only 10 to drawings and specifications submitted to the 11 Department on or after October 1, 1997. 12 (2) On and after the effective date of this 13 amendatory Act of 1997 and before October 1, 1997, an 14 applicant may submit or resubmit drawings and 15 specifications to the Department and pay the fees 16 provided in subsection (d). If an applicant pays the 17 fees provided in subsection (d) under this paragraph (2), 18 the provisions of subsection (b) shall apply with regard 19 to those drawings and specifications. 20 (g) The Department shall conduct an on-site inspection 21 of the completed project no later than 30 days after 22 notification from the applicant that the project has been 23 completed and all certifications required by the Department 24 have been received and accepted by the Department. The 25 Department shall provide written approval for occupancy to 26 the applicant within 5 working days of the Department's final 27 inspection, provided the applicant has demonstrated 28 substantial compliance as defined by Department rule. 29 Occupancy of new major construction is prohibited until 30 Department approval is received, unless the Department has 31 not acted within the time frames provided in this subsection 32 (g), in which case the construction shall be deemed approved. 33 Occupancy shall be authorized after any required health 34 inspection by the Department has been conducted. HB6041 Engrossed -6- LRB9212704ACpk 1 (h) The Department shall establish, by rule, a procedure 2 to conduct interim on-site review of large or complex 3 construction projects. 4 (i) The Department shall establish, by rule, an 5 expedited process for emergency repairs or replacement of 6 like equipment. 7 (j) Nothing in this Section shall be construed to apply 8 to maintenance, upkeep, or renovation that does not affect 9 the structural integrity of the building, does not add beds 10 or services over the number for which the facility is 11 licensed, and provides a reasonable degree of safety for the 12 patients. 13 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98; 14 91-712, eff. 7-1-00.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.