Public Act 093-0041
Public Act 93-0041 of the 93rd General Assembly
Public Act 93-0041
SB1332 Enrolled LRB093 09788 AMC 10033 b
AN ACT concerning health facilities.
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 3, 4, 5.3, 6, 10, 12, 12.2, 13,
and 19.6 and by adding Section 12.3 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
(Section scheduled to be repealed on July 1, 2003)
Sec. 3. Definitions. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required
to be licensed pursuant to the Ambulatory Surgical
Treatment Center Act;
2. An institution, place, building, or agency
required to be licensed pursuant to the Hospital
Licensing Act;
3. Skilled and intermediate long term care
facilities licensed under the Nursing Home Care Act;
3. Skilled and intermediate long term care
facilities licensed under the Nursing Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical
treatment centers, or kidney disease treatment centers
maintained by the State or any department or agency
thereof;
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit; and
6. An institution, place, building, or room used
for the performance of outpatient surgical procedures
that is leased, owned, or operated by or on behalf of an
out-of-state facility.
No federally owned facility shall be subject to the
provisions of this Act, nor facilities used solely for
healing by prayer or spiritual means.
No facility licensed under the Supportive Residences
Licensing Act or the Assisted Living and Shared Housing Act
shall be subject to the provisions of this Act.
A facility designated as a supportive living facility
that is in good standing with the demonstration project
established under Section 5-5.01a of the Illinois Public Aid
Code shall not be subject to the provisions of this Act.
This Act does not apply to facilities granted waivers
under Section 3-102.2 of the Nursing Home Care Act. However,
if a demonstration project under that Act applies for a
certificate of need to convert to a nursing facility, it
shall meet the licensure and certificate of need requirements
in effect as of the date of application.
This Act shall not apply to the closure of an entity or a
portion of an entity licensed under the Nursing Home Care Act
that elects to convert, in whole or in part, to an assisted
living or shared housing establishment licensed under the
Assisted Living and Shared Housing Establishment Act.
With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion
of a health care facility under contract with such health
care facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care
facility of such contracted portion which is subject to
facility licensing requirements, irrespective of the party
responsible for such action or attendant financial
obligation.
"Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
"Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official
capacity within the last 12 months has involved the
providing, administering or financing of any type of health
care facility, (b) who is engaged in health research or the
teaching of health, (c) who has a material financial interest
in any activity which involves the providing, administering
or financing of any type of health care facility, or (d) who
is or ever has been a member of the immediate family of the
person defined by (a), (b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment,
erection, building, alteration, reconstruction,
modernization, improvement, extension, discontinuation,
change of ownership, of or by a health care facility, or the
purchase or acquisition by or through a health care facility
of equipment or service for diagnostic or therapeutic
purposes or for facility administration or operation, or any
capital expenditure made by or on behalf of a health care
facility which exceeds the capital expenditure minimum;
however, any capital expenditure made by or on behalf of a
health care facility for the construction or modification of
a facility licensed under the Assisted Living and Shared
Housing Act shall be excluded from any obligations under this
Act.
"Establish" means the construction of a health care
facility or the replacement of an existing facility on
another site.
"Major medical equipment" means medical equipment which
is used for the provision of medical and other health
services and which costs in excess of the capital expenditure
minimum, except that such term does not include medical
equipment acquired by or on behalf of a clinical laboratory
to provide clinical laboratory services if the clinical
laboratory is independent of a physician's office and a
hospital and it has been determined under Title XVIII of the
Social Security Act to meet the requirements of paragraphs
(10) and (11) of Section 1861(s) of such Act. In determining
whether medical equipment has a value in excess of the
capital expenditure minimum, the value of studies, surveys,
designs, plans, working drawings, specifications, and other
activities essential to the acquisition of such equipment
shall be included.
"Capital Expenditure" means an expenditure: (A) made by
or on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an
expense of operation and maintenance, or is made to obtain by
lease or comparable arrangement any facility or part thereof
or any equipment for a facility or part; and which exceeds
the capital expenditure minimum.
For the purpose of this paragraph, the cost of any
studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition, improvement, expansion, or replacement of any
plant or equipment with respect to which an expenditure is
made shall be included in determining if such expenditure
exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if
acquired directly by such facility would be subject to review
under this Act shall be considered capital expenditures, and
a transfer of equipment or facilities for less than fair
market value shall be considered a capital expenditure for
purposes of this Act if a transfer of the equipment or
facilities at fair market value would be subject to review.
"Capital expenditure minimum" means $6,000,000, which
shall be annually adjusted to reflect the increase in
construction costs due to inflation, for major medical
equipment and for all other capital expenditures; provided,
however, that when a capital expenditure is for the
construction or modification of a health and fitness center,
"capital expenditure minimum" means the capital expenditure
minimum for all other capital expenditures in effect on March
1, 2000, which shall be annually adjusted to reflect the
increase in construction costs due to inflation.
"Non-clinical service area" means an area (i) for the
benefit of the patients, visitors, staff, or employees of a
health care facility and (ii) not directly related to the
diagnosis, treatment, or rehabilitation of persons receiving
services from the health care facility. "Non-clinical
service areas" include, but are not limited to, chapels; gift
shops; news stands; computer systems; tunnels, walkways, and
elevators; telephone systems; projects to comply with life
safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas;
administration and volunteer offices; modernization of
structural components (such as roof replacement and masonry
work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems
for heating, ventilation, and air conditioning; loading
docks; and repair or replacement of carpeting, tile, wall
coverings, window coverings or treatments, or furniture.
Solely for the purpose of this definition, "non-clinical
service area" does not include health and fitness centers.
"Areawide" means a major area of the State delineated on
a geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and
the word "area" may be used synonymously with the term
"areawide".
"Local" means a subarea of a delineated major area that
on a geographic, demographic, and functional basis may be
considered to be part of such major area. The term
"subregion" may be used synonymously with the term "local".
"Areawide health planning organization" or "Comprehensive
health planning organization" means the health systems agency
designated by the Secretary, Department of Health and Human
Services or any successor agency.
"Local health planning organization" means those local
health planning organizations that are designated as such by
the areawide health planning organization of the appropriate
area.
"Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
"Director" means the Director of the Illinois Department
of Public Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning
concerned with the total population and all health and
associated problems that affect the well-being of people and
that encompasses health services, health manpower, and health
facilities; and the coordination among these and with those
social, economic, and environmental factors that affect
health.
"Alternative health care model" means a facility or
program authorized under the Alternative Health Care Delivery
Act.
"Out-of-state facility" means a person that is both (i)
licensed as a hospital or as an ambulatory surgery center
under the laws of another state or that qualifies as a
hospital or an ambulatory surgery center under regulations
adopted pursuant to the Social Security Act and (ii) not
licensed under the Ambulatory Surgical Treatment Center Act,
the Hospital Licensing Act, or the Nursing Home Care Act.
Affiliates of out-of-state facilities shall be considered
out-of-state facilities. Affiliates of Illinois licensed
health care facilities 100% owned by an Illinois licensed
health care facility, its parent, or Illinois physicians
licensed to practice medicine in all its branches shall not
be considered out-of-state facilities. Nothing in this
definition shall be construed to include an office or any
part of an office of a physician licensed to practice
medicine in all its branches in Illinois that is not required
to be licensed under the Ambulatory Surgical Treatment Center
Act.
"Change of ownership of a health care facility" means a
change in the person who has ownership or control of a health
care facility's physical plant and capital assets. A change
in ownership is indicated by the following transactions:
sale, transfer, acquisition, lease, change of sponsorship, or
other means of transferring control.
"Related person" means any person that: (i) is at least
50% owned, directly or indirectly, by either the health care
facility or a person owning, directly or indirectly, at least
50% of the health care facility; or (ii) owns, directly or
indirectly, at least 50% of the health care facility.
(Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01;
91-782, eff. 6-9-00; revised 11-6-02.)
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
(Section scheduled to be repealed on July 1, 2003)
Sec. 4. Health Facilities Planning Board; membership;
appointment; term; compensation; quorum. There is created
the Health Facilities Planning Board, which shall perform the
such functions as hereinafter described in this Act.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the State
Board is abolished on the effective date of this amendatory
Act of the 93rd General Assembly, but all incumbent members
shall continue to exercise all of the powers and be subject
to all of the duties of members of the State Board until all
new members of the 9-member State Board authorized under this
amendatory Act of the 93rd General Assembly are appointed and
take office. Beginning on the effective date of this
amendatory Act of the 93rd General Assembly, the State Board
shall consist of 9 voting members. The State Board shall
consist of 15 voting members, including: 8 consumer members;
one member representing the commercial health insurance
industry in Illinois; one member representing hospitals in
Illinois; one member who is actively engaged in the field of
hospital management; one member who is a professional nurse
registered in Illinois; one member who is a physician in
active private practice licensed in Illinois to practice
medicine in all of its branches; one member who is actively
engaged in the field of skilled nursing or intermediate care
facility management; and one member who is actively engaged
in the administration of an ambulatory surgical treatment
center licensed under the Ambulatory Surgical Treatment
Center Act.
The State Board shall be appointed by the Governor, with
the advice and consent of the Senate. In making the
appointments, the Governor shall give consideration to
recommendations made by (1) the professional organizations
concerned with hospital management for the hospital
management appointment, (2) professional organizations
concerned with long term care facility management for the
long term care facility management appointment, (3)
professional medical organizations for the physician
appointment, (4) professional nursing organizations for the
nurse appointment, and (5) professional organizations
concerned with ambulatory surgical treatment centers for the
ambulatory surgical treatment center appointment, and shall
appoint as consumer members individuals familiar with
community health needs but whose interest in the operation,
construction or utilization of health care facilities are
derived from factors other than those related to his
profession, business, or economic gain, and who represent, so
far as possible, different geographic areas of the State. Not
more than 5 8 of the appointments shall be of the same
political party. No person shall be appointed as a State
Board member if that person has served, after the effective
date of this amendatory Act of the 93rd General Assembly, 2
3-year terms as a State Board member, except for ex officio
non-voting members.
The Secretary of Human Services, the Director of Public
Aid, and the Director of Public Health, or their designated
representatives, shall serve as ex-officio, non-voting
members of the State Board.
Of those members initially appointed by the Governor
under this amendatory Act of the 93rd General Assembly, 3
shall serve for terms expiring July 1, 2004, 3 shall serve
for terms expiring July 1, 2005, and 3 shall serve for terms
expiring July 1, 2006. Thereafter, as voting members, each
appointed member shall hold office for a term of 3 years,:
provided, that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the
remainder of such term and the term of office of each
successor shall commence on July 1 of the year in which his
predecessor's term expires. In making original appointments
to the State Board, the Governor shall appoint 5 members for
a term of one year, 5 for a term of 2 years, and 3 for a term
of 3 years, and each of these terms of office shall commence
on July 1, 1974. The initial term of office for the members
appointed under this amendatory Act of 1996 shall begin on
July 1, 1996 and shall last for 2 years, and each subsequent
appointment shall be for a term of 3 years. Each member shall
hold office until his successor is appointed and qualified.
State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places
of residence. A member of the State Board who experiences a
significant financial hardship due to the loss of income on
days of attendance at meetings or while otherwise engaged in
the business of the State Board may be paid a hardship
allowance, as determined by and subject to the approval of
the Governor's Travel Control Board. In addition, while
serving on business of the State Board, each member shall
receive compensation of $150 per day, except that such
compensation shall not exceed $7,500 in any one year for any
member.
The Governor shall designate one of the members to serve
as Chairman and The State Board shall provide for its own
organization and procedures, including the selection of a
Chairman and such other officers as deemed necessary. The
Director, with concurrence of the State Board, shall name as
full-time Executive Secretary of the State Board, a person
qualified in health care facility planning and in
administration. The Agency shall provide administrative and
staff support for the State Board. The State Board shall
advise the Director of its budgetary and staff needs and
consult with the Director on annual budget preparation.
The State Board shall meet at least once each quarter, or
as often as the Chairman of the State Board deems necessary,
or upon the request of a majority of the members.
Five Eight members of the State Board shall constitute a
quorum. The affirmative vote of 5 8 of the members of the
State Board shall be necessary for any action requiring a
vote to be taken by the State Board. A vacancy in the
membership of the State Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties
of the State Board as provided by this Act.
A State Board member shall disqualify himself or herself
from the consideration of any application for a permit or
exemption in which the State Board member or the State Board
member's spouse, parent, or child: (i) has an economic
interest in the matter; or (ii) is employed by, serves as a
consultant for, or is a member of the governing board of the
applicant or a party opposing the application.
(Source: P.A. 90-14, eff. 7-1-97; 91-782, eff. 6-9-00.)
(20 ILCS 3960/5.3)
(Section scheduled to be repealed on July 1, 2003)
Sec. 5.3. Annual report of capital expenditures. In
addition to the State Board's authority to require reports,
the State Board shall require each health care facility to
submit an annual report of all capital expenditures in excess
of $200,000 (which shall be annually adjusted to reflect the
increase in construction costs due to inflation) made by the
health care facility during the most recent year. This
annual report shall consist of a brief description of the
capital expenditure, the amount and method of financing the
capital expenditure, the certificate of need project number
if the project was reviewed, and the total amount of capital
expenditures obligated for the year. Data collected from
health care facilities pursuant to this Section shall not
duplicate or overlap other data collected by the Department
and must be collected as part of the Department's Annual
Questionnaires or supplements for health care facilities that
report these data.
(Source: P.A. 91-782, eff. 6-9-00.)
(20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
(Section scheduled to be repealed on July 1, 2003)
Sec. 6. Application for permit or exemption; exemption
regulations.
(a) An application for a permit or exemption shall be
made to the State Board upon forms provided by the State
Board. This application shall contain such information as
the State Board deems necessary. Such application shall
include affirmative evidence on which the Director may make
the findings required under this Section and upon which the
State Board may make its decision on the approval or denial
of the permit or exemption.
(b) The State Board shall establish by regulation the
procedures and requirements regarding issuance of exemptions.
An exemption shall be approved when information required by
the Board by rule is submitted. Projects eligible for an
exemption, rather than a permit, include, but are not limited
to, change of ownership of a health care facility. For a
change of ownership of a health care facility between related
persons, the State Board shall provide by rule for an
expedited process for obtaining an exemption.
(c) All applications shall be signed by the applicant
and shall be verified by any 2 officers thereof.
(d) Upon receipt of an application for a permit, the
State Board shall approve and authorize the issuance of a
permit if it finds (1) that the applicant is fit, willing,
and able to provide a proper standard of health care service
for the community with particular regard to the
qualification, background and character of the applicant, (2)
that economic feasibility is demonstrated in terms of effect
on the existing and projected operating budget of the
applicant and of the health care facility; in terms of the
applicant's ability to establish and operate such facility in
accordance with licensure regulations promulgated under
pertinent state laws; and in terms of the projected impact on
the total health care expenditures in the facility and
community, (3) that safeguards are provided which assure that
the establishment, construction or modification of the health
care facility or acquisition of major medical equipment is
consistent with the public interest, and (4) that the
proposed project is consistent with the orderly and economic
development of such facilities and equipment and is in accord
with standards, criteria, or plans of need adopted and
approved pursuant to the provisions of Section 12 of this
Act.
(Source: P.A. 88-18.)
(20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
(Section scheduled to be repealed on July 1, 2003)
Sec. 10. Presenting information relevant to the approval
of a permit or certificate or in opposition to the denial of
the application; notice of outcome and review proceedings.
When a motion by the State Board, to approve an application
for a permit or a certificate of recognition, fails to pass,
or when a motion to deny an application for a permit or a
certificate of recognition is passed, the applicant or the
holder of the permit, as the case may be, and such other
parties as the State Board permits, will be given an
opportunity to appear before the State Board and present such
information as may be relevant to the approval of a permit or
certificate or in opposition to the denial of the
application.
Subsequent to an appearance by the applicant before the
State Board or default of such opportunity to appear, a
motion by the State Board to approve an application for a
permit or a certificate of recognition which fails to pass or
a motion to deny an application for a permit or a certificate
of recognition which passes shall be considered denial of
the application for a permit or certificate of recognition,
as the case may be. Such action of denial or an action by
the State Board to revoke a permit or a certificate of
recognition shall be communicated to the applicant or holder
of the permit or certificate of recognition. Such person or
organization shall be afforded an opportunity for a hearing
before a hearing officer, who is appointed by the Director
State Board. A written notice of a request for such hearing
shall be served upon the Chairman of the State Board within
30 days following notification of the decision of the State
Board. The State Board shall schedule a hearing, and the
Director Chairman shall appoint a hearing officer within 30
days thereafter. The hearing officer shall take actions
necessary to ensure that the hearing is completed within a
reasonable period of time, but not to exceed 90 days, except
for delays or continuances agreed to by the person requesting
the hearing. Following its consideration of the report of
the hearing, or upon default of the party to the hearing, the
State Board shall make its final determination, specifying
its findings and conclusions within 45 days of receiving the
written report of the hearing. A copy of such determination
shall be sent by certified mail or served personally upon the
party.
A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint, and
all other documents in the nature of pleadings, written
motions filed in the proceedings, and the report and orders
of the State Board or hearing officer. All testimony shall be
reported but need not be transcribed unless the decision is
appealed in accordance with the Administrative Review Law, as
now or hereafter amended. A copy or copies of the transcript
may be obtained by any interested party on payment of the
cost of preparing such copy or copies.
The State Board or hearing officer shall upon its own or
his motion, or on the written request of any party to the
proceeding who has, in the State Board's or hearing officer's
opinion, demonstrated the relevancy of such request to the
outcome of the proceedings, issue subpoenas requiring the
attendance and the giving of testimony by witnesses, and
subpoenas duces tecum requiring the production of books,
papers, records, or memoranda. The fees of witnesses for
attendance and travel shall be the same as the fees of
witnesses before the circuit court of this State.
When the witness is subpoenaed at the instance of the
State Board, or its hearing officer, such fees shall be paid
in the same manner as other expenses of the Agency, and when
the witness is subpoenaed at the instance of any other party
to any such proceeding the State Board may, in accordance
with the rules of the Agency, require that the cost of
service of the subpoena or subpoena duces tecum and the fee
of the witness be borne by the party at whose instance the
witness is summoned. In such case, the State Board in its
discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
so issued shall be served in the same manner as a subpoena
issued out of a court.
Any circuit court of this State upon the application of
the State Board or upon the application of any other party to
the proceeding, may, in its discretion, compel the attendance
of witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before it or its
hearing officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for
contempt, or otherwise, in the same manner as production of
evidence may be compelled before the court.
(Source: P.A. 88-18; 89-276, eff. 8-10-96.)
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
(Section scheduled to be repealed on July 1, 2003)
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.
(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) Prescribe criteria for recognition for areawide
health planning organizations, including, but not limited to,
standards for evaluating the scientific bases for judgments
on need and procedure for making these determinations.
(4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the
Department'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 Agency with the health care facility plans areawide
health planning organizations and with other pertinent State
Plans.
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 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 recognized areawide
health planning organizations 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, in consultation
with the recognized areawide health planning organizations,
procedures for review, standards, and criteria which shall be
utilized to make periodic areawide 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 areawide
health planning organization and the Agency in making its
determinations.
(8) Prescribe, in consultation with the recognized
areawide health planning organizations, 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 non-substantive in nature. Such rules shall not
abridge the right of areawide health planning organizations
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 by the Agency.
(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.
(Source: P.A. 88-18; 89-276, eff. 8-10-95.)
(20 ILCS 3960/12.2)
(Section scheduled to be repealed on July 1, 2003)
Sec. 12.2. Powers of the Agency. For purposes of this
Act, the Agency shall exercise the following powers and
duties:
(1) Review applications for permits and exemptions in
accordance with the standards, criteria, and plans of need
established by the State Board under this Act and certify its
finding to the State Board.
(1.5) Post the following on the Department's web site:
relevant (i) rules, (ii) standards, (iii) criteria, (iv)
State norms, (v) references used by Agency staff in making
determinations about whether application criteria are met,
and (vi) notices of project-related filings, including notice
of public comments related to the application.
(2) Charge and collect an amount determined by the State
Board to be reasonable fees for the processing of
applications by the State Board, the Agency, and the
appropriate recognized areawide health planning organization.
The State Board shall set the amounts by rule. All fees and
fines collected under the provisions of this Act shall be
deposited into the Illinois Health Facilities Planning Fund
to be used for the expenses of administering this Act.
(3) Coordinate with other State agencies having
responsibilities affecting health care facilities, including
those of licensure and cost reporting.
(Source: P.A. 89-276, eff. 8-10-95; 90-14, eff. 7-1-97.)
(20 ILCS 3960/12.3 new)
(Section scheduled to be repealed on July 1, 2003)
Sec. 12.3. Revision of criteria, standards, and rules.
Before December 31, 2004, the State Board shall review,
revise, and promulgate the criteria, standards, and rules
used to evaluate applications for permit. To the extent
practicable, the criteria, standards, and rules shall be
based on objective criteria. In particular, the review of the
criteria, standards, and rules shall consider:
(1) Whether the criteria and standards reflect
current industry standards and anticipated trends.
(2) Whether the criteria and standards can be
reduced or eliminated.
(3) Whether criteria and standards can be developed
to authorize the construction of unfinished space for
future use when the ultimate need for such space can be
reasonably projected.
(4) Whether the criteria and standards take into
account issues related to population growth and changing
demographics in a community.
(5) Whether facility-defined service and planning
areas should be recognized.
(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
(Section scheduled to be repealed on July 1, 2003)
Sec. 13. Investigation of applications for permits and
certificates of recognition. The Agency or the State Board
shall make or cause to be made such investigations as it or
the State Board deems necessary in connection with an
application for a permit or an application for a certificate
of recognition, or in connection with a determination of
whether or not construction or modification which has been
commenced is in accord with the permit issued by the State
Board or whether construction or modification has been
commenced without a permit having been obtained. The State
Board may issue subpoenas duces tecum requiring the
production of records and may administer oaths to such
witnesses.
Any circuit court of this State, upon the application of
the State Board or upon the application of any party to such
proceedings, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the State Board,
by a proceeding as for contempt, or otherwise, in the same
manner as production of evidence may be compelled before the
court.
The State Board shall require all health facilities
operating in this State to provide such reasonable reports at
such times and containing such information as is needed by it
to carry out the purposes and provisions of this Act. Prior
to collecting information from health facilities, the State
Board shall make reasonable efforts through a public process
to consult with health facilities and associations that
represent them to determine whether data and information
requests will result in useful information for health
planning, whether sufficient information is available from
other sources, and whether data requested is routinely
collected by health facilities and is available without
retrospective record review. Data and information requests
shall not impose undue paperwork burdens on health care
facilities and personnel. Health facilities not complying
with this requirement shall be reported to licensing,
accrediting, certifying, or payment agencies as being in
violation of State law. Health care facilities and other
parties at interest shall have reasonable access, under rules
established by the State Board, to all planning information
submitted in accord with this Act pertaining to their area.
(Source: P.A. 89-276, eff. 8-10-95.)
(20 ILCS 3960/19.6)
(Section scheduled to be repealed on July 1, 2003).
Sec. 19.6. Repeal. This Act is repealed on July 1, 2008
2003.
(Source: P.A. 91-782, eff. 6-9-00.)
Section 10. The Hospital Licensing Act is amended by
changing Sections 8, 8.5, and 9.3 and adding Sections 9.4 and
9.5 as follows:
(210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
Sec. 8. Facility plan review; fees.
(a) Before commencing construction of new facilities or
specified types of alteration or additions to an existing
hospital involving major construction, as defined by rule by
the Department, with an estimated cost greater than $100,000,
architectural plans and specifications therefor shall be
submitted by the licensee to the Department for review and
approval. A hospital may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject
to fees under subsection (d). The Department must give a
hospital that is planning to submit a construction project
for review the opportunity to discuss its plans and
specifications with the Department before the hospital
formally submits the plans and specifications for Department
review. Review of drawings and specifications shall be
conducted by an employee of the Department meeting the
qualifications established by the Department of Central
Management Services class specifications for such an
individual's position or by a person contracting with the
Department who meets those class specifications. Final
approval of the plans and specifications for compliance with
design and construction standards shall be obtained from the
Department before the alteration, addition, or new
construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this
notice within 10 working days shall result in the submission
being deemed complete for purposes of initiating the 60-day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the
submission is complete and the required fee, if any, has been
paid, the Department shall approve or disapprove drawings and
specifications submitted to the Department no later than 60
days following receipt by the Department. The drawings and
specifications shall be of sufficient detail, as provided by
Department rule, to enable the Department to render a
determination of compliance with design and construction
standards under this Act. If the Department finds that the
drawings are not of sufficient detail for it to render a
determination of compliance, the plans shall be determined to
be incomplete and shall not be considered for purposes of
initiating the 60 day review period. If a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60-day review period
shall not commence until the Department determines that a
submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications
within 60 days, the construction, major alteration, or
addition shall be deemed approved. If the drawings and
specifications are disapproved, the Department shall state in
writing, with specificity, the reasons for the disapproval.
The entity submitting the drawings and specifications may
submit additional information in response to the written
comments from the Department or request a reconsideration of
the disapproval. A final decision of approval or disapproval
shall be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial
and the applicant may elect to seek dispute resolution
pursuant to Section 25 of the Illinois Building Commission
Act, which the Department must participate in.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or
complaint survey based upon the facility's physical structure
if:
(1) the Department reviewed and approved or deemed
approved the drawing and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since
the original approval; and
(4) the conditions at the facility indicate that
there is a reasonable degree of safety provided for the
patients.
(c-5) The Department shall not issue a violation to a
facility if the inspected aspects of the facility were
previously found to be in compliance with applicable
standards, the relevant law or rules have not been amended,
conditions at the facility reasonably protect the safety of
its patients, and alterations or new hazards have not been
identified.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the major
construction is greater than $500,000, the fee shall be
established by the Department pursuant to rules that
reflect the reasonable and direct cost of the Department
in conducting the architectural reviews required under
this Section. The estimated dollar value of the major
construction subject to review under this Section shall
be annually readjusted to reflect the increase in
construction costs due to inflation.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes
that are required by Department rule amendments or to
projects related to homeland security.
The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
Disproportionate share hospitals and rural hospitals
shall only pay one-half of the fees required in this
subsection (d). For the purposes of this subsection (d), (i)
"disproportionate share hospital" means a hospital described
in items (1) through (5) of subsection (b) of Section 5-5.02
of the Illinois Public Aid Code and (ii) "rural hospital"
means a hospital that is (A) located outside a metropolitan
statistical area or (B) located 15 miles or less from a
county that is outside a metropolitan statistical area and is
licensed to perform medical/surgical or obstetrical services
and has a combined total bed capacity of 75 or fewer beds in
these 2 service categories as of July 14, 1993, as determined
by the Department.
The Department shall not commence the facility plan
review process under this Section until the applicable fee
has been paid.
(e) All fees received by the Department under this
Section shall be deposited into the Health Facility Plan
Review Fund, a special fund created in the State treasury.
All fees paid by hospitals under subsection (d) shall be used
only to cover the direct and reasonable costs relating to the
Department's review of hospital projects under this Section.
Moneys shall be appropriated from that Fund to the Department
only to pay the costs of conducting reviews under this
Section. None of the moneys in the Health Facility Plan
Review Fund shall be used to reduce the amount of General
Revenue Fund moneys appropriated to the Department for
facility plan reviews conducted pursuant to this Section.
(f) (Blank).
(g) The Department shall conduct an on-site inspection
of the completed project no later than 15 business 30 days
after notification from the applicant that the project has
been completed and all certifications required by the
Department have been received and accepted by the Department.
The Department may extend this deadline only if a federally
mandated survey time frame takes precedence. The Department
shall provide written approval for occupancy to the applicant
within 5 working days of the Department's final inspection,
provided the applicant has demonstrated substantial
compliance as defined by Department rule. Occupancy of new
major construction is prohibited until Department approval is
received, unless the Department has not acted within the time
frames provided in this subsection (g), in which case the
construction shall be deemed approved. Occupancy shall be
authorized after any required health inspection by the
Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(i) The Department shall establish, by rule, an
expedited process for emergency repairs or replacement of
like equipment.
(j) Nothing in this Section shall be construed to apply
to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not add beds
or services over the number for which the facility is
licensed, and provides a reasonable degree of safety for the
patients.
(Source: P.A. 91-712, eff. 7-1-00; 92-563, eff. 6-24-02;
92-803, eff. 8-16-02; revised 9-19-02.)
(210 ILCS 85/8.5)
Sec. 8.5. Waiver or alternative compliance of compliance
with rules or standards for construction or physical plant.
Upon application by a hospital, the Department may grant or
renew a the waiver or alternative compliance methodology of
the hospital's compliance with a construction or physical
plant rule or standard, including without limitation rules
and standards for (i) design and construction, (ii)
engineering and maintenance of the physical plant, site,
equipment, and systems (heating, cooling, electrical,
ventilation, plumbing, water, sewer, and solid waste
disposal), and (iii) fire and safety, and (iv) other rules or
standards that may present a barrier to the development,
adoption, or implementation of an innovation designed to
improve patient care, for a period not to exceed the duration
of the current license or, in the case of an application for
license renewal, the duration of the renewal period. The
waiver may be conditioned upon the hospital taking action
prescribed by the Department as a measure equivalent to
compliance. In determining whether to grant or renew a
waiver, the Department shall consider the duration and basis
for any current waiver with respect to the same rule or
standard and the validity and effect upon patient health and
safety of extending it on the same basis, the effect upon the
health and safety of patients, the quality of patient care,
the hospital's history of compliance with the rules and
standards of this Act, and the hospital's attempts to comply
with the particular rule or standard in question. The
Department may provide, by rule, for the automatic renewal of
waivers concerning construction or physical plant
requirements upon the renewal of a license. The Department
shall renew waivers relating to construction or physical
plant standards issued pursuant to this Section at the time
of the indicated reviews, unless it can show why such waivers
should not be extended for the following reasons:
(1) the condition of the physical plant has
deteriorated or its use substantially changed so that the
basis upon which the waiver was issued is materially
different; or
(2) the hospital is renovated or substantially
remodeled in such a way as to permit compliance with the
applicable rules and standards without substantial
increase in cost.
A copy of each waiver application and each waiver granted
or renewed shall be on file with the Department and available
for public inspection.
The Department shall advise hospitals of any applicable
federal waivers about which it is aware and for which the
hospital may apply.
In the event that the Department does not grant or renew
a waiver of a rule or standard, the Department must notify
the hospital in writing detailing the specific reasons for
not granting or renewing the waiver and must discuss possible
options, if any, the hospital could take to have the waiver
approved.
This Section shall apply to both new and existing
construction.
(Source: P.A. 92-803, eff. 8-16-02.)
(210 ILCS 85/9.3)
Sec. 9.3. Informal dispute resolution. The Department
must offer an opportunity for informal dispute resolution
concerning the application of building codes for new and
existing construction and related Department rules and
standards before the advisory committee under subsection (b)
of Section 2310-560 of the Department of Public Health Powers
and Duties Law of the Civil Administrative Code of Illinois.
Participants in this process must include representatives
from the Department, representatives of the hospital, and
additional representatives deemed appropriate by both parties
with expertise regarding the contested deficiencies and the
management of health care facilities. If the Department does
not resolve disputed deficiencies after the informal dispute
resolution process, the Department must provide a written
explanation to the hospital of why the deficiencies have not
been removed from the statement of deficiencies.
(Source: P.A. 92-803, eff. 8-16-02.)
(210 ILCS 85/9.4 new)
Sec. 9.4. Findings, conclusions, and citations. The
Department must consider any factual information offered by
the hospital during the survey, inspection, or investigation,
at daily status briefings, and in the exit briefing required
under Section 9.2 before making final findings and
conclusions or issuing citations. The Department must
document receipt of such information. The Department must
provide the hospital with written notice of its findings and
conclusions within 10 days of the exit briefing required
under Section 9.2. This notice must provide the following
information: (i) identification of all deficiencies and areas
of noncompliance with applicable law; (ii) identification of
the applicable statutes, rules, codes, or standards that were
violated; and (iii) the factual basis for each deficiency or
violation.
(210 ILCS 85/9.5 new)
Sec. 9.5. Reviewer quality improvement. The Department
must implement a reviewer performance improvement program for
hospital survey, inspection, and investigation staff. The
Department must also, on a quarterly basis, assess whether
its surveyors, inspectors, and investigators: (i) apply the
same protocols and criteria consistently to substantially
similar situations; (ii) reach similar findings and
conclusions when reviewing substantially similar situations;
(iii) conduct surveys, inspections, or investigations in a
professional manner; and (iv) comply with the provisions of
this Act. The Department must also implement continuing
education programs for its surveyors, inspectors, and
investigators pursuant to the findings of the performance
improvement program.
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 6/27/2003
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