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92_HB6041sam002
LRB9212704ACsbam02
1 AMENDMENT TO HOUSE BILL 6041
2 AMENDMENT NO. . Amend House Bill 6041, AS AMENDED,
3 as follows:
4 by inserting immediately below the enacting clause the
5 following:
6 "Section 2. The Department of Public Health Powers and
7 Duties Law of the Civil Administrative Code of Illinois is
8 amended by changing Section 2310-560 as follows:
9 (20 ILCS 2310/2310-560) (was 20 ILCS 2310/55.87)
10 Sec. 2310-560. Advisory committees committee concerning
11 construction of facilities.
12 (a) The Director shall appoint an advisory committee.
13 The committee shall be established by the Department by rule.
14 The Director and the Department shall consult with the
15 advisory committee concerning the application of building
16 codes and Department rules related to those building codes to
17 facilities under the Ambulatory Surgical Treatment Center Act
18 and, the Nursing Home Care Act, and the Hospital Licensing
19 Act.
20 (b) The Director shall appoint an advisory committee to
21 advise the Department and to conduct informal dispute
22 resolution concerning the application of building codes for
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1 new and existing construction and related Department rules
2 and standards under the Hospital Licensing Act, including
3 without limitation rules and standards for (i) design and
4 construction, (ii) engineering and maintenance of the
5 physical plant, site, equipment, and systems (heating,
6 cooling, electrical, ventilation, plumbing, water, sewer, and
7 solid waste disposal), and (iii) fire and safety. The
8 advisory committee shall be composed of all of the following
9 members:
10 (1) The chairperson or an elected representative
11 from the Hospital Licensing Board under the Hospital
12 Licensing Act.
13 (2) Two health care architects with a minimum of 10
14 years of experience in institutional design and building
15 code analysis.
16 (3) Two engineering professionals (one mechanical
17 and one electrical) with a minimum of 10 years of
18 experience in institutional design and building code
19 analysis.
20 (4) One commercial interior design professional
21 with a minimum of 10 years of experience.
22 (5) Two representatives from provider associations.
23 (6) The Director or his or her designee, who shall
24 serve as the committee moderator.
25 Appointments shall be made with the concurrence of the
26 Hospital Licensing Board. The committee shall submit
27 recommendations concerning the application of building codes
28 and related Department rules and standards to the Hospital
29 Licensing Board for review and comment prior to submission to
30 the Department. The committee shall submit recommendations
31 concerning informal dispute resolution to the Director. The
32 Department shall provide per diem and travel expenses to the
33 committee members.
34 (Source: P.A. 90-327, eff. 8-8-97; 90-655, eff. 7-30-98;
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1 91-239, eff. 1-1-00.)
2 Section 3. The Illinois Building Commission Act is
3 amended by changing Sections 5, 25, and 50 and adding Section
4 47 as follows:
5 (20 ILCS 3918/5)
6 Sec. 5. Definitions. When used in this Act:
7 "Commission" means the Illinois Building Commission.
8 "State agency" has the same meaning as in Section 1-7 of
9 the Illinois State Auditing Act.
10 "State building requirements" means any law, rule, or
11 executive order implemented by the State of Illinois
12 affecting the construction of buildings in Illinois.
13 "Health care provider" means a hospital as defined in the
14 Hospital Licensing Act.
15 (Source: P.A. 90-269, eff. 1-1-98.)
16 (20 ILCS 3918/25)
17 Sec. 25. Forum; dispute resolution. The Commission shall
18 provide an ongoing forum for continuing dialogue regarding
19 the purpose and duties of the Commission. The Commission
20 shall also serve as a forum to suggest resolution of
21 conflicts between State agencies, or between a State agency
22 and another entity that consents to the resolution forum,
23 concerning State building requirements. As used in this
24 Section, for dispute resolution arising out of Section 8 or
25 8.5 of the Hospital Licensing Act, "building requirements"
26 includes the application of building codes for new and
27 existing construction and related Department rules and
28 standards under the Hospital Licensing Act, including without
29 limitation rules and standards for (i) design and
30 construction, (ii) engineering and maintenance of the
31 physical plant, site, equipment, and systems (heating,
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1 cooling, electrical, ventilation, plumbing, water, sewer, and
2 solid waste disposal), and (iii) fire and safety.
3 If the suggested resolution of a conflict between the
4 Department of Public Health and a health care provider is to
5 (i) accept an equivalency determined by the Fire Safety
6 Evaluation System, (ii) waive State rules or standards, or
7 (iii) seek a waiver of federal rules or standards, the
8 Commission may take steps it deems reasonably necessary to
9 facilitate the suggested resolution, including preparing a
10 waiver request and directing the Department of Public Health
11 to recommend the request to the appropriate federal agency.
12 (Source: P.A. 90-269, eff. 1-1-98.)
13 (20 ILCS 3918/47 new)
14 Sec. 47. Rules. The Commission may adopt any rules
15 necessary for the administration of this Act.
16 (20 ILCS 3918/50)
17 Sec. 50. The Illinois Building Commission Revolving
18 Fund. The Illinois Building Commission Revolving Fund is
19 created in the State treasury. The Illinois Building
20 Commission may establish fees, each of which may not exceed
21 $250 or an amount approved by the Joint Committee on
22 Administrative Rules, for services provided in fulfilling its
23 mandate under this Act, except that for dispute resolution
24 between the Illinois Department of Public Health and a health
25 care provider, the Commission may establish fees to be paid
26 by the health care provider, which may not exceed $10,000.
27 All fees collected by the Commission shall be deposited into
28 the Illinois Building Commission Revolving Fund. The
29 Commission may also accept donations or moneys from any other
30 source for deposit into this fund. All interest accrued on
31 the fees, donations, and other deposits to the Illinois
32 Building Commission Revolving Fund shall be deposited into
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1 the fund. All moneys in the Illinois Building Commission
2 Revolving Fund may be used, subject to appropriation by the
3 General Assembly, to carry out the activities of the Act,
4 including the expenses of the Illinois Building Commission, a
5 clearinghouse on State building requirements, or other
6 purposes consistent with this Act.
7 (Source: P.A. 91-581, eff. 8-14-99.)"; and
8 in Section 5, in the introductory clause, by replacing
9 "Section 8.5" with "Sections 7.5, 8.5, 9.2, and 9.3"; and
10 in Section 5, immediately below the introductory clause, by
11 inserting the following:
12 "(210 ILCS 85/7.5 new)
13 Sec. 7.5. Fire Safety Evaluation System. Upon request by
14 a hospital, the Department, if applicable, must evaluate or
15 allow for an evaluation of compliance with the Life Safety
16 Code using the Fire Safety Evaluation System."; and
17 in Section 5, Sec. 8, subsec. (b), the sentence beginning "If
18 denied,", after "denial", by inserting "and the applicant may
19 elect to seek dispute resolution pursuant to Section 25 of
20 the Illinois Building Commission Act, which the Department
21 must participate in"; and
22 in Section 5, Sec. 8.5, in the caption, after "standards", by
23 inserting "for construction or physical plant"; and
24 in Section 5, Sec. 8.5, the paragraph and sentence beginning
25 "Upon application", before "rule", by inserting "construction
26 or physical plant"; and
27 in Section 5, Sec. 8.5, the paragraph and sentence beginning
28 "Upon application", after "standard", by inserting the
29 following:
30 ", including without limitation rules and standards for (i)
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1 design and construction, (ii) engineering and maintenance of
2 the physical plant, site, equipment, and systems (heating,
3 cooling, electrical, ventilation, plumbing, water, sewer, and
4 solid waste disposal), and (iii) fire and safety,"; and
5 in Section 5, Sec. 8.5, the paragraph beginning "Upon
6 application", the sentence beginning "The Department may
7 provide", after "concerning", by inserting "construction or";
8 and
9 in Section 5, Sec. 8.5, the paragraph beginning "Upon
10 application", the sentence beginning "The Department shall
11 renew", after "relating to", by inserting "construction or";
12 and
13 in Section 5, Sec. 8.5, the paragraph beginning "The
14 Department shall advise", after "waivers", by inserting
15 "about which it is aware and"; and
16 in Section 5, Sec. 8.5, immediately below the paragraph
17 beginning "The Department shall advise", by inserting the
18 following:
19 "In the event that the Department does not grant or renew
20 a waiver of a rule or standard, the Department must notify
21 the hospital in writing detailing the specific reasons for
22 not granting or renewing the waiver and must discuss possible
23 options, if any, the hospital could take to have the waiver
24 approved."; and
25 in Section 5, immediately below the end of Sec. 8.5, by
26 inserting the following:
27 "(210 ILCS 85/9.2 new)
28 Sec. 9.2. Disclosure. Prior to conducting a survey of a
29 hospital operating under an approved waiver, equivalency, or
30 other approval, a surveyor must be made aware of the waiver,
31 equivalency, or other approval prior to entering the
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1 hospital. Prior to commencing an inspection, the Department
2 must provide the hospital with documentation that the survey
3 is being conducted, with consideration of the relevant
4 waiver, equivalency, or approval. After conducting the
5 survey, the Department must conduct a comprehensive exit
6 interview with designated hospital representatives at which
7 the hospital may present additional information regarding
8 findings.
9 (210 ILCS 85/9.3 new)
10 Sec. 9.3. Informal dispute resolution. The Department
11 must offer an opportunity for informal dispute resolution
12 concerning the application of building codes for new and
13 existing construction and related Department rules and
14 standards before the advisory committee under subsection (b)
15 of Section 2310-560 of the Department of Public Health Powers
16 and Duties Law of the Civil Administrative Code of Illinois.
17 Participants in this process must include representatives
18 from the Department, representatives of the hospital, and
19 additional representatives deemed appropriate by both parties
20 with expertise regarding the contested deficiencies and the
21 management of health care facilities.".