Bill Amendment: IL SB1739 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: IL HEALTH FACILITIES PLANNING
Status: 2019-07-15 - Public Act . . . . . . . . . 101-0083 [SB1739 Detail]
Download: Illinois-2019-SB1739-House_Amendment_002.html
Bill Title: IL HEALTH FACILITIES PLANNING
Status: 2019-07-15 - Public Act . . . . . . . . . 101-0083 [SB1739 Detail]
Download: Illinois-2019-SB1739-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 1739
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2 | AMENDMENT NO. ______. Amend Senate Bill 1739 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 Sections 6, 8.5, 12, and 12.2 and by adding | ||||||
6 | Section 8.7 as follows:
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7 | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
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8 | (Section scheduled to be repealed on December 31, 2029)
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9 | Sec. 6. Application for permit or exemption; exemption | ||||||
10 | regulations.
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11 | (a) An application for a permit or exemption shall be made | ||||||
12 | to
the State Board upon forms provided by the State Board. This | ||||||
13 | application
shall contain such information
as the State Board | ||||||
14 | deems necessary. The State Board shall not require an applicant | ||||||
15 | to file a Letter of Intent before an application is filed. Such
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16 | application shall include affirmative evidence on which the |
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1 | State
Board or Chairman may make its decision on the approval | ||||||
2 | or denial of the permit or
exemption.
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3 | (b) The State Board shall establish by regulation the | ||||||
4 | procedures and
requirements
regarding issuance of exemptions.
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5 | An exemption shall be approved when information required by the | ||||||
6 | Board by rule
is submitted. Projects
eligible for an exemption, | ||||||
7 | rather than a permit, include, but are not limited
to,
change | ||||||
8 | of ownership of a health care facility and discontinuation of a | ||||||
9 | category of service , discontinuation of a category of service, | ||||||
10 | and discontinuation of a health care facility , other than a | ||||||
11 | health care facility maintained by the State or any agency or | ||||||
12 | department thereof or a nursing home maintained by a county. | ||||||
13 | The Board may accept an application for an exemption for the | ||||||
14 | discontinuation of a category of service at a health care | ||||||
15 | facility only once in a 6-month period following (1) the | ||||||
16 | previous application for exemption at the same health care | ||||||
17 | facility or (2) the final decision of the Board regarding the | ||||||
18 | discontinuation of a category service at the same health care | ||||||
19 | facility, whichever occurs later. A discontinuation of a | ||||||
20 | category of service shall otherwise require an application for | ||||||
21 | a permit if an application for an exemption has already been | ||||||
22 | accepted within the 6-month period. For a change of
ownership | ||||||
23 | among related persons of a health care
facility, the State | ||||||
24 | Board shall provide by rule for an
expedited
process for | ||||||
25 | obtaining an exemption in accordance with Section 8.5 of this | ||||||
26 | Act . For the purposes of this Section, "change of ownership |
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1 | among related persons" means a transaction in which the parties | ||||||
2 | to the transaction are under common control or ownership before | ||||||
3 | and after the transaction is complete.
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4 | (c) All applications shall be signed by the applicant and | ||||||
5 | shall be
verified by any 2 officers thereof.
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6 | (c-5) Any written review or findings of the Board staff set | ||||||
7 | forth in the State Board Staff Report concerning an application | ||||||
8 | for a permit must be made available to the public and the | ||||||
9 | applicant at least 14 calendar days before the meeting of the | ||||||
10 | State Board at which the review or findings are considered. The | ||||||
11 | applicant and members of the public may submit, to the State | ||||||
12 | Board, written responses regarding the facts set forth in the | ||||||
13 | review or findings of the Board staff. Members of the public | ||||||
14 | and the applicant shall have until 10 days before the meeting | ||||||
15 | of the State Board to submit any written response concerning | ||||||
16 | the Board staff's written review or findings. The Board staff | ||||||
17 | may revise any findings to address corrections of factual | ||||||
18 | errors cited in the public response. At the meeting, the State | ||||||
19 | Board may, in its discretion, permit the submission of other | ||||||
20 | additional written materials.
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21 | (d) Upon receipt of an application for a permit, the State | ||||||
22 | Board shall
approve and authorize the issuance of a permit if | ||||||
23 | it finds (1) that the
applicant is fit, willing, and able to | ||||||
24 | provide a proper standard of
health care service for the | ||||||
25 | community with particular regard to the
qualification, | ||||||
26 | background and character of the applicant, (2) that
economic |
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1 | feasibility is demonstrated in terms of effect on the existing
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2 | and projected operating budget of the applicant and of the | ||||||
3 | health care
facility; in terms of the applicant's ability to | ||||||
4 | establish and operate
such facility in accordance with | ||||||
5 | licensure regulations promulgated under
pertinent state laws; | ||||||
6 | and in terms of the projected impact on the total
health care | ||||||
7 | expenditures in the facility and community, (3) that
safeguards | ||||||
8 | are provided that assure that the establishment,
construction | ||||||
9 | or modification of the health care facility or acquisition
of | ||||||
10 | major medical equipment is consistent
with the public interest, | ||||||
11 | and (4) that the proposed project is consistent
with the | ||||||
12 | orderly and economic
development of such facilities and | ||||||
13 | equipment and is in accord with standards,
criteria, or plans | ||||||
14 | of need adopted and approved pursuant to the
provisions of | ||||||
15 | Section 12 of this Act.
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16 | (Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18; | ||||||
17 | 100-681, eff. 8-3-18 .)
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18 | (20 ILCS 3960/8.5) | ||||||
19 | (Section scheduled to be repealed on December 31, 2029) | ||||||
20 | Sec. 8.5. Certificate of exemption for change of ownership | ||||||
21 | of a health care facility; discontinuation of a health care | ||||||
22 | facility or category of service; public notice and public | ||||||
23 | hearing. | ||||||
24 | (a) Upon a finding that an application for a change of | ||||||
25 | ownership is complete, the State Board shall publish a legal |
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1 | notice on 3 consecutive days one day in a newspaper of general | ||||||
2 | circulation in the area or community to be affected and afford | ||||||
3 | the public an opportunity to request a hearing. If the | ||||||
4 | application is for a facility located in a Metropolitan | ||||||
5 | Statistical Area, an additional legal notice shall be published | ||||||
6 | in a newspaper of limited circulation, if one exists, in the | ||||||
7 | area in which the facility is located. If the newspaper of | ||||||
8 | limited circulation is published on a daily basis, the | ||||||
9 | additional legal notice shall be published on 3 consecutive | ||||||
10 | days one day . The applicant shall pay the cost incurred by the | ||||||
11 | Board in publishing the change of ownership notice in | ||||||
12 | newspapers as required under this subsection. The legal notice | ||||||
13 | shall also be posted on the Health Facilities and Services | ||||||
14 | Review Board's web site and sent to the State Representative | ||||||
15 | and State Senator of the district in which the health care | ||||||
16 | facility is located. An application for change of ownership of | ||||||
17 | a hospital shall not be deemed complete without a signed | ||||||
18 | certification that for a period of 2 years after the change of | ||||||
19 | ownership transaction is effective, the hospital will not adopt | ||||||
20 | a charity care policy that is
more restrictive than the policy | ||||||
21 | in effect during the year prior to the transaction. An | ||||||
22 | application for a change of ownership need not contain signed | ||||||
23 | transaction documents so long as it includes the following key | ||||||
24 | terms of the transaction: names and background of the parties; | ||||||
25 | structure of the transaction; the person who will be the | ||||||
26 | licensed or certified entity after the transaction; the |
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1 | ownership or membership interests in such licensed or certified | ||||||
2 | entity both prior to and after the transaction; fair market | ||||||
3 | value of assets to be transferred; and the purchase price or | ||||||
4 | other form of consideration to be provided for those assets. | ||||||
5 | The issuance of the certificate of exemption shall be | ||||||
6 | contingent upon the applicant submitting a statement to the | ||||||
7 | Board within 90 days after the closing date of the transaction, | ||||||
8 | or such longer period as provided by the Board, certifying that | ||||||
9 | the change of ownership has been completed in accordance with | ||||||
10 | the key terms contained in the application. If such key terms | ||||||
11 | of the transaction change, a new application shall be required. | ||||||
12 | Where a change of ownership is among related persons, and | ||||||
13 | there are no other changes being proposed at the health care | ||||||
14 | facility that would otherwise require a permit or exemption | ||||||
15 | under this Act, the applicant shall submit an application | ||||||
16 | consisting of a standard notice in a form set forth by the | ||||||
17 | Board briefly explaining the reasons for the proposed change of | ||||||
18 | ownership. Once such an application is submitted to the Board | ||||||
19 | and reviewed by the Board staff, the Board Chair shall take | ||||||
20 | action on an application for an exemption for a change of | ||||||
21 | ownership among related persons within 45 days after the | ||||||
22 | application has been deemed complete, provided the application | ||||||
23 | meets the applicable standards under this Section. If the Board | ||||||
24 | Chair has a conflict of interest or for other good cause, the | ||||||
25 | Chair may request review by the Board. Notwithstanding any | ||||||
26 | other provision of this Act, for purposes of this Section, a |
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1 | change of ownership among related persons means a transaction | ||||||
2 | where the parties to the transaction are under common control | ||||||
3 | or ownership before and after the transaction is completed. | ||||||
4 | Nothing in this Act shall be construed as authorizing the | ||||||
5 | Board to impose any conditions, obligations, or limitations, | ||||||
6 | other than those required by this Section, with respect to the | ||||||
7 | issuance of an exemption for a change of ownership, including, | ||||||
8 | but not limited to, the time period before which a subsequent | ||||||
9 | change of ownership of the health care facility could be | ||||||
10 | sought, or the commitment to continue to offer for a specified | ||||||
11 | time period any services currently offered by the health care | ||||||
12 | facility. | ||||||
13 | (a-3) (Blank). Upon a finding that an application to close | ||||||
14 | a health care facility is complete, the State Board shall | ||||||
15 | publish a legal notice on 3 consecutive days in a newspaper of | ||||||
16 | general circulation in the area or community to be affected and | ||||||
17 | afford the public an opportunity to request a hearing. If the | ||||||
18 | application is for a facility located in a Metropolitan | ||||||
19 | Statistical Area, an additional legal notice shall be published | ||||||
20 | in a newspaper of limited circulation, if one exists, in the | ||||||
21 | area in which the facility is located. If the newspaper of | ||||||
22 | limited circulation is published on a daily basis, the | ||||||
23 | additional legal notice shall be published on 3 consecutive | ||||||
24 | days. The legal notice shall also be posted on the Health | ||||||
25 | Facilities and Services Review Board's web site and sent to the | ||||||
26 | State Representative and State Senator of the district in which |
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1 | the health care facility is located. In addition, the health | ||||||
2 | care facility shall provide notice of closure to the local | ||||||
3 | media that the health care facility would routinely notify | ||||||
4 | about facility events. No later than 90 days after a | ||||||
5 | discontinuation of a health facility, the applicant must submit | ||||||
6 | a statement to the State Board certifying that the | ||||||
7 | discontinuation is complete. | ||||||
8 | (a-5) Upon a finding that an application to discontinue a | ||||||
9 | category of service is complete and provides the requested | ||||||
10 | information, as specified by the State Board, an exemption | ||||||
11 | shall be issued. No later than 30 days after the issuance of | ||||||
12 | the exemption, the health care facility must give written | ||||||
13 | notice of the discontinuation of the category of service to the | ||||||
14 | State Senator and State Representative serving the legislative | ||||||
15 | district in which the health care facility is located. No later | ||||||
16 | than 90 days after a discontinuation of a category of service, | ||||||
17 | the applicant must submit a statement to the State Board | ||||||
18 | certifying that the discontinuation is complete. | ||||||
19 | (b) If a public hearing is requested, it shall be held at | ||||||
20 | least 15 days but no more than 30 days after the date of | ||||||
21 | publication of the legal notice in the community in which the | ||||||
22 | facility is located. The hearing shall be held in the affected | ||||||
23 | area or community in a place of reasonable size and | ||||||
24 | accessibility and a full and complete written transcript of the | ||||||
25 | proceedings shall be made. All interested persons attending the | ||||||
26 | hearing shall be given a reasonable opportunity to present |
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1 | their positions in writing or orally. The applicant shall | ||||||
2 | provide a summary or describe the proposed change of ownership | ||||||
3 | of the proposal for distribution at the public hearing.
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4 | (c) For the purposes of this Section "newspaper of limited | ||||||
5 | circulation" means a newspaper intended to serve a particular | ||||||
6 | or defined population of a specific geographic area within a | ||||||
7 | Metropolitan Statistical Area such as a municipality, town, | ||||||
8 | village, township, or community area, but does not include | ||||||
9 | publications of professional and trade associations. | ||||||
10 | (d) The changes made to this Section by this amendatory Act | ||||||
11 | of the 101st General Assembly shall apply to all applications | ||||||
12 | submitted after the effective date of this amendatory Act of | ||||||
13 | the 101st General Assembly. | ||||||
14 | (Source: P.A. 99-154, eff. 7-28-15; 99-527, eff. 1-1-17; | ||||||
15 | 99-551, eff. 7-15-16; 100-201, eff. 8-18-17 .)
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16 | (20 ILCS 3960/8.7 new) | ||||||
17 | Sec. 8.7. Application for permit for discontinuation of a | ||||||
18 | health care facility or category of service; public notice and | ||||||
19 | public hearing. | ||||||
20 | (a) Upon a finding that an application to close a health | ||||||
21 | care facility or discontinue a category of service is complete, | ||||||
22 | the State Board shall publish a legal notice on 3 consecutive | ||||||
23 | days in a newspaper of general circulation in the area or | ||||||
24 | community to be affected and afford the public an opportunity | ||||||
25 | to request a hearing. If the application is for a facility |
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1 | located in a Metropolitan Statistical Area, an additional legal | ||||||
2 | notice shall be published in a newspaper of limited | ||||||
3 | circulation, if one exists, in the area in which the facility | ||||||
4 | is located. If the newspaper of limited circulation is | ||||||
5 | published on a daily basis, the additional legal notice shall | ||||||
6 | be published on 3 consecutive days. The legal notice shall also | ||||||
7 | be posted on the Health Facilities and Services Review Board's | ||||||
8 | website and sent to the State Representative and State Senator | ||||||
9 | of the district in which the health care facility is located. | ||||||
10 | In addition, the health care facility shall provide notice of | ||||||
11 | closure to the local media that the health care facility would | ||||||
12 | routinely notify about facility events. | ||||||
13 | (b) No later than 30 days after issuance of a permit to | ||||||
14 | close a health care facility or discontinue a category of | ||||||
15 | service, the permit holder shall give written notice of the | ||||||
16 | closure or discontinuation to the State Senator and State | ||||||
17 | Representative serving the legislative district in which the | ||||||
18 | health care facility is located. | ||||||
19 | (c) If there is a pending lawsuit that challenges an | ||||||
20 | application to discontinue a health care facility that either | ||||||
21 | names the Board as a party or alleges fraud in the filing of | ||||||
22 | the application, the Board may defer action on the application | ||||||
23 | for up to 6 months after the date of the initial deferral of | ||||||
24 | the application. | ||||||
25 | (d) The changes made to this Section by this amendatory Act | ||||||
26 | of the 101st General Assembly shall apply to all applications |
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1 | submitted after the effective date of this amendatory Act of | ||||||
2 | the 101st General Assembly.
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3 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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4 | (Section scheduled to be repealed on December 31, 2029) | ||||||
5 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
6 | this Act,
the State Board
shall
exercise the following powers | ||||||
7 | and duties:
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8 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
9 | procedures or reviews which may vary
according to the purpose | ||||||
10 | for which a particular review is being conducted
or the type of | ||||||
11 | project reviewed and which are required to carry out the
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12 | provisions and purposes of this Act. Policies and procedures of | ||||||
13 | the State Board shall take into consideration the priorities | ||||||
14 | and needs of medically underserved areas and other health care | ||||||
15 | services, giving special consideration to the impact of | ||||||
16 | projects on access to safety net services.
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17 | (2) Adopt procedures for public
notice and hearing on all | ||||||
18 | proposed rules, regulations, standards,
criteria, and plans | ||||||
19 | required to carry out the provisions of this Act.
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20 | (3) (Blank).
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21 | (4) Develop criteria and standards for health care | ||||||
22 | facilities planning,
conduct statewide inventories of health | ||||||
23 | care facilities, maintain an updated
inventory on the Board's | ||||||
24 | web site reflecting the
most recent bed and service
changes and | ||||||
25 | updated need determinations when new census data become |
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1 | available
or new need formulae
are adopted,
and
develop health | ||||||
2 | care facility plans which shall be utilized in the review of
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3 | applications for permit under
this Act. Such health facility | ||||||
4 | plans shall be coordinated by the Board
with pertinent State | ||||||
5 | Plans. Inventories pursuant to this Section of skilled or | ||||||
6 | intermediate care facilities licensed under the Nursing Home | ||||||
7 | Care Act, skilled or intermediate care facilities licensed | ||||||
8 | under the ID/DD Community Care Act, skilled or intermediate | ||||||
9 | care facilities licensed under the MC/DD Act, facilities | ||||||
10 | licensed under the Specialized Mental Health Rehabilitation | ||||||
11 | Act of 2013, or nursing homes licensed under the Hospital | ||||||
12 | Licensing Act shall be conducted on an annual basis no later | ||||||
13 | than July 1 of each year and shall include among the | ||||||
14 | information requested a list of all services provided by a | ||||||
15 | facility to its residents and to the community at large and | ||||||
16 | differentiate between active and inactive beds.
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17 | In developing health care facility plans, the State Board | ||||||
18 | shall consider,
but shall not be limited to, the following:
| ||||||
19 | (a) The size, composition and growth of the population | ||||||
20 | of the area
to be served;
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21 | (b) The number of existing and planned facilities | ||||||
22 | offering similar
programs;
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23 | (c) The extent of utilization of existing facilities;
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24 | (d) The availability of facilities which may serve as | ||||||
25 | alternatives
or substitutes;
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26 | (e) The availability of personnel necessary to the |
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1 | operation of the
facility;
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2 | (f) Multi-institutional planning and the establishment | ||||||
3 | of
multi-institutional systems where feasible;
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4 | (g) The financial and economic feasibility of proposed | ||||||
5 | construction
or modification; and
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6 | (h) In the case of health care facilities established | ||||||
7 | by a religious
body or denomination, the needs of the | ||||||
8 | members of such religious body or
denomination may be | ||||||
9 | considered to be public need.
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10 | The health care facility plans which are developed and | ||||||
11 | adopted in
accordance with this Section shall form the basis | ||||||
12 | for the plan of the State
to deal most effectively with | ||||||
13 | statewide health needs in regard to health
care facilities.
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14 | (5) Coordinate with other state agencies having | ||||||
15 | responsibilities
affecting health care facilities, including | ||||||
16 | those of licensure and cost
reporting.
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17 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
18 | State
any grants or bequests of money, securities or property | ||||||
19 | for
use by the State Board in the administration of this Act; | ||||||
20 | and enter into contracts
consistent with the appropriations for | ||||||
21 | purposes enumerated in this Act.
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22 | (7) (Blank).
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23 | (8) Prescribe rules, regulations,
standards, and criteria | ||||||
24 | for the conduct of an expeditious review of
applications
for | ||||||
25 | permits for projects of construction or modification of a | ||||||
26 | health care
facility, which projects are classified as |
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1 | emergency, substantive, or non-substantive in nature. | ||||||
2 | Substantive projects shall include no more than the | ||||||
3 | following: | ||||||
4 | (a) Projects to construct (1) a new or replacement | ||||||
5 | facility located on a new site or
(2) a replacement | ||||||
6 | facility located on the same site as the original facility | ||||||
7 | and the cost of the replacement facility exceeds the | ||||||
8 | capital expenditure minimum, which shall be reviewed by the | ||||||
9 | Board within 120 days; | ||||||
10 | (b) Projects proposing a
(1) new service within an | ||||||
11 | existing healthcare facility or
(2) discontinuation of a | ||||||
12 | service within an existing healthcare facility, which | ||||||
13 | shall be reviewed by the Board within 60 days; or | ||||||
14 | (c) Projects proposing a change in the bed capacity of | ||||||
15 | a health care facility by an increase in the total number | ||||||
16 | of beds or by a redistribution of beds among various | ||||||
17 | categories of service or by a relocation of beds from one | ||||||
18 | physical facility or site to another by more than 20 beds | ||||||
19 | or more than 10% of total bed capacity, as defined by the | ||||||
20 | State Board, whichever is less, over a 2-year period. | ||||||
21 | The Chairman may approve applications for exemption that | ||||||
22 | meet the criteria set forth in rules or refer them to the full | ||||||
23 | Board. The Chairman may approve any unopposed application that | ||||||
24 | meets all of the review criteria or refer them to the full | ||||||
25 | Board. | ||||||
26 | Such rules shall
not prevent the conduct of a public |
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1 | hearing upon the timely request
of an interested party. Such | ||||||
2 | reviews shall not exceed 60 days from the
date the application | ||||||
3 | is declared to be complete.
| ||||||
4 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
5 | pertaining to the granting of permits for
construction
and | ||||||
6 | modifications which are emergent in nature and must be | ||||||
7 | undertaken
immediately to prevent or correct structural | ||||||
8 | deficiencies or hazardous
conditions that may harm or injure | ||||||
9 | persons using the facility, as defined
in the rules and | ||||||
10 | regulations of the State Board. This procedure is exempt
from | ||||||
11 | public hearing requirements of this Act.
| ||||||
12 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
13 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
14 | days, of applications for permits for projects to
construct or | ||||||
15 | modify health care facilities which are needed for the care
and | ||||||
16 | treatment of persons who have acquired immunodeficiency | ||||||
17 | syndrome (AIDS)
or related conditions.
| ||||||
18 | (10.5) Provide its rationale when voting on an item before | ||||||
19 | it at a State Board meeting in order to comply with subsection | ||||||
20 | (b) of Section 3-108 of the Code of Civil Procedure. | ||||||
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. The transcript of the State Board | ||||||
3 | meeting shall be incorporated into the Board's final decision. | ||||||
4 | The staff of the Board shall prepare a written copy of the | ||||||
5 | final decision and the Board shall approve a final copy for | ||||||
6 | inclusion in the formal record. The Board shall consider, for | ||||||
7 | approval, the written draft of the final decision no later than | ||||||
8 | the next scheduled Board meeting. The written decision shall | ||||||
9 | identify the applicable criteria and factors listed in this Act | ||||||
10 | and the Board's regulations that were taken into consideration | ||||||
11 | by the Board when coming to a final decision. If the Board | ||||||
12 | denies or fails to approve an application for permit or | ||||||
13 | exemption, the Board shall include in the final decision a | ||||||
14 | detailed explanation as to why the application was denied and | ||||||
15 | identify what specific criteria or standards the applicant did | ||||||
16 | not fulfill. | ||||||
17 | (12) (Blank). | ||||||
18 | (13) Provide a mechanism for the public to comment on, and | ||||||
19 | request changes to, draft rules and standards. | ||||||
20 | (14) Implement public information campaigns to regularly | ||||||
21 | inform the general public about the opportunity for public | ||||||
22 | hearings and public hearing procedures. | ||||||
23 | (15) Establish a separate set of rules and guidelines for | ||||||
24 | long-term care that recognizes that nursing homes are a | ||||||
25 | different business line and service model from other regulated | ||||||
26 | facilities. An open and transparent process shall be developed |
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1 | that considers the following: how skilled nursing fits in the | ||||||
2 | continuum of care with other care providers, modernization of | ||||||
3 | nursing homes, establishment of more private rooms, | ||||||
4 | development of alternative services, and current trends in | ||||||
5 | long-term care services.
The Chairman of the Board shall | ||||||
6 | appoint a permanent Health Services Review Board Long-term Care | ||||||
7 | Facility Advisory Subcommittee that shall develop and | ||||||
8 | recommend to the Board the rules to be established by the Board | ||||||
9 | under this paragraph (15). The Subcommittee shall also provide | ||||||
10 | continuous review and commentary on policies and procedures | ||||||
11 | relative to long-term care and the review of related projects. | ||||||
12 | The Subcommittee shall make recommendations to the Board no | ||||||
13 | later than January 1, 2016 and every January thereafter | ||||||
14 | pursuant to the Subcommittee's responsibility for the | ||||||
15 | continuous review and commentary on policies and procedures | ||||||
16 | relative to long-term care. In consultation with other experts | ||||||
17 | from the health field of long-term care, the Board and the | ||||||
18 | Subcommittee shall study new approaches to the current bed need | ||||||
19 | formula and Health Service Area boundaries to encourage | ||||||
20 | flexibility and innovation in design models reflective of the | ||||||
21 | changing long-term care marketplace and consumer preferences | ||||||
22 | and submit its recommendations to the Chairman of the Board no | ||||||
23 | later than January 1, 2017. The Subcommittee shall evaluate, | ||||||
24 | and make recommendations to the State Board regarding, the | ||||||
25 | buying, selling, and exchange of beds between long-term care | ||||||
26 | facilities within a specified geographic area or drive time. |
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1 | The Board shall file the proposed related administrative rules | ||||||
2 | for the separate rules and guidelines for long-term care | ||||||
3 | required by this paragraph (15) by no later than September 30, | ||||||
4 | 2011. The Subcommittee shall be provided a reasonable and | ||||||
5 | timely opportunity to review and comment on any review, | ||||||
6 | revision, or updating of the criteria, standards, procedures, | ||||||
7 | and rules used to evaluate project applications as provided | ||||||
8 | under Section 12.3 of this Act. | ||||||
9 | The Chairman of the Board shall appoint voting members of | ||||||
10 | the Subcommittee, who shall serve for a period of 3 years, with | ||||||
11 | one-third of the terms expiring each January, to be determined | ||||||
12 | by lot. Appointees shall include, but not be limited to, | ||||||
13 | recommendations from each of the 3 statewide long-term care | ||||||
14 | associations, with an equal number to be appointed from each. | ||||||
15 | Compliance with this provision shall be through the appointment | ||||||
16 | and reappointment process. All appointees serving as of April | ||||||
17 | 1, 2015 shall serve to the end of their term as determined by | ||||||
18 | lot or until the appointee voluntarily resigns, whichever is | ||||||
19 | earlier. | ||||||
20 | One representative from the Department of Public Health, | ||||||
21 | the Department of Healthcare and Family Services, the | ||||||
22 | Department on Aging, and the Department of Human Services may | ||||||
23 | each serve as an ex-officio non-voting member of the | ||||||
24 | Subcommittee. The Chairman of the Board shall select a | ||||||
25 | Subcommittee Chair, who shall serve for a period of 3 years. | ||||||
26 | (16) Prescribe the format of the State Board Staff Report. |
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1 | A State Board Staff Report shall pertain to applications that | ||||||
2 | include, but are not limited to, applications for permit or | ||||||
3 | exemption, applications for permit renewal, applications for | ||||||
4 | extension of the financial commitment period, applications | ||||||
5 | requesting a declaratory ruling, or applications under the | ||||||
6 | Health Care Worker Self-Referral Act. State Board Staff Reports | ||||||
7 | shall compare applications to the relevant review criteria | ||||||
8 | under the Board's rules. | ||||||
9 | (17) Establish a separate set of rules and guidelines for | ||||||
10 | facilities licensed under the Specialized Mental Health | ||||||
11 | Rehabilitation Act of 2013. An application for the | ||||||
12 | re-establishment of a facility in connection with the | ||||||
13 | relocation of the facility shall not be granted unless the | ||||||
14 | applicant has a contractual relationship with at least one | ||||||
15 | hospital to provide emergency and inpatient mental health | ||||||
16 | services required by facility consumers, and at least one | ||||||
17 | community mental health agency to provide oversight and | ||||||
18 | assistance to facility consumers while living in the facility, | ||||||
19 | and appropriate services, including case management, to assist | ||||||
20 | them to prepare for discharge and reside stably in the | ||||||
21 | community thereafter. No new facilities licensed under the | ||||||
22 | Specialized Mental Health Rehabilitation Act of 2013 shall be | ||||||
23 | established after June 16, 2014 (the effective date of Public | ||||||
24 | Act 98-651) except in connection with the relocation of an | ||||||
25 | existing facility to a new location. An application for a new | ||||||
26 | location shall not be approved unless there are adequate |
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1 | community services accessible to the consumers within a | ||||||
2 | reasonable distance, or by use of public transportation, so as | ||||||
3 | to facilitate the goal of achieving maximum individual | ||||||
4 | self-care and independence. At no time shall the total number | ||||||
5 | of authorized beds under this Act in facilities licensed under | ||||||
6 | the Specialized Mental Health Rehabilitation Act of 2013 exceed | ||||||
7 | the number of authorized beds on June 16, 2014 (the effective | ||||||
8 | date of Public Act 98-651). | ||||||
9 | (18) Elect a Vice Chairman to preside over State Board | ||||||
10 | meetings and otherwise act in place of the Chairman when the | ||||||
11 | Chairman is unavailable. | ||||||
12 | (Source: P.A. 99-78, eff. 7-20-15; 99-114, eff. 7-23-15; | ||||||
13 | 99-180, eff. 7-29-15; 99-277, eff. 8-5-15; 99-527, eff. 1-1-17; | ||||||
14 | 99-642, eff. 7-28-16; 100-518, eff. 6-1-18; 100-681, eff. | ||||||
15 | 8-3-18 .)
| ||||||
16 | (20 ILCS 3960/12.2)
| ||||||
17 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
18 | Sec. 12.2. Powers of the State Board staff. For purposes of | ||||||
19 | this Act,
the staff shall exercise the following powers and | ||||||
20 | duties:
| ||||||
21 | (1) Review applications for permits and exemptions in | ||||||
22 | accordance with the
standards, criteria, and plans of need | ||||||
23 | established by the State Board under
this Act and certify | ||||||
24 | its finding to the State Board.
| ||||||
25 | (1.5) Post the following on the Board's web site: |
| |||||||
| |||||||
1 | relevant (i)
rules,
(ii)
standards, (iii)
criteria, (iv) | ||||||
2 | State norms, (v) references used by Board staff in making
| ||||||
3 | determinations about whether application criteria are met, | ||||||
4 | and (vi) notices of
project-related filings, including | ||||||
5 | notice of public comments related to the
application.
| ||||||
6 | (2) Charge and collect an amount determined by the | ||||||
7 | State Board and the staff to be
reasonable fees for the | ||||||
8 | processing of applications by the State Board.
The State | ||||||
9 | Board shall set the amounts by rule. Application fees for | ||||||
10 | continuing care retirement communities, and other health | ||||||
11 | care models that include regulated and unregulated | ||||||
12 | components, shall apply only to those components subject to | ||||||
13 | regulation under this Act. All fees and fines
collected | ||||||
14 | under the provisions of this Act shall be deposited
into | ||||||
15 | the Illinois Health Facilities Planning Fund to be used for | ||||||
16 | the
expenses of administering this Act.
| ||||||
17 | (2.1) Publish the following reports on the State Board | ||||||
18 | website: | ||||||
19 | (A) An annual accounting, aggregated by category | ||||||
20 | and with names of parties redacted, of fees, fines, and | ||||||
21 | other revenue collected as well as expenses incurred, | ||||||
22 | in the administration of this Act. | ||||||
23 | (B) An annual report, with names of the parties | ||||||
24 | redacted, that summarizes all settlement agreements | ||||||
25 | entered into with the State Board that resolve an | ||||||
26 | alleged instance of noncompliance with State Board |
| |||||||
| |||||||
1 | requirements under this Act. | ||||||
2 | (C) (Blank). | ||||||
3 | (D) Board reports showing the degree to which an | ||||||
4 | application conforms to the review standards, a | ||||||
5 | summation of relevant public testimony, and any | ||||||
6 | additional information that staff wants to | ||||||
7 | communicate. | ||||||
8 | (3) Coordinate with other State agencies having | ||||||
9 | responsibilities
affecting
health care facilities, | ||||||
10 | including licensure and cost reporting agencies.
| ||||||
11 | (4) Issue advisory opinions upon request. Staff | ||||||
12 | advisory opinions do not constitute determinations by the | ||||||
13 | State Board. Determinations by the State Board are made | ||||||
14 | through the declaratory ruling process. | ||||||
15 | (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18 .)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
|