Public Act 099-0114

HB3133 Enrolled LRB099 09158 JLK 29356 b

AN ACT concerning State government.

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 6.2, 12, and 14.1 as follows:

(20 ILCS 3960/6.2)

(Section scheduled to be repealed on December 31, 2019)

Sec. 6.2. Review of permits; State Board Staff Reports.

Upon receipt of an application for a permit to establish,

construct, or modify a health care facility, the State Board

staff shall notify the applicant in writing within 10 working

days either that the application is or is not complete. If the

application is complete, the State Board staff shall notify the

applicant of the beginning of the review process. If the

application is not complete, the Board staff shall explain

within the 10-day period why the application is incomplete.

The State Board staff shall afford a reasonable amount of

time as established by the State Board, but not to exceed 120

days, for the review of the application. The 120-day period

begins on the day the application is found to be substantially

complete, as that term is defined by the State Board. During

the 120-day period, the applicant may request an extension. An

applicant may modify the application at any time before a final

administrative decision has been made on the application.

The State Board shall prescribe and provide the forms upon

which the State Board Staff Report shall be made. The State

Board staff shall submit its State Board Staff Report to the

State Board for its decision-making regarding approval or

denial of the permit.

When an application for a permit is initially reviewed by

State Board staff, as provided in this Section, the State Board

shall, upon request by the applicant or an interested person,

afford an opportunity for a public hearing within a reasonable

amount of time after receipt of the complete application, but

not to exceed 90 days after receipt of the complete

application. Notice of the hearing shall be made promptly, not

less than 10 days before the hearing, by certified mail to the

applicant and, not less than 10 days before the hearing, by

publication in a newspaper of general circulation in the area

or community to be affected. The hearing shall be held in the

area or community in which the proposed project is to be

located and shall be for the purpose of allowing the applicant

and any interested person to present public testimony

concerning the approval, denial, renewal, or revocation of the

permit. All interested persons attending the hearing shall be

given a reasonable opportunity to present their views or

arguments in writing or orally, and a record of all of the

testimony shall accompany any findings of the State Board

staff. The State Board shall adopt reasonable rules and

regulations governing the procedure and conduct of the

hearings.

(Source: P.A. 97-1115, eff. 8-27-12; 98-1086, eff. 8-26-14.)

(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)

(Section scheduled to be repealed on December 31, 2019)

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. Policies and procedures of

the State Board shall take into consideration the priorities

and needs of medically underserved areas and other health care

services identified through the comprehensive health planning

process, giving special consideration to the impact of projects

on access to safety net services.

(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) (Blank).

(4) Develop criteria and standards for health care

facilities planning, conduct statewide inventories of health

care facilities, maintain an updated inventory on the Board'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 Board with pertinent State

Plans. Inventories pursuant to this Section of skilled or

intermediate care facilities licensed under the Nursing Home

Care Act, skilled or intermediate care facilities licensed

under the ID/DD Community Care Act, facilities licensed under

the Specialized Mental Health Rehabilitation Act, or nursing

homes licensed under the Hospital Licensing Act shall be

conducted on an annual basis no later than July 1 of each year

and shall include among the information requested a list of all

services provided by a facility to its residents and to the

community at large and differentiate between active and

inactive beds.

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 the Center for Comprehensive Health

Planning and other state agencies having responsibilities

affecting health care facilities, including those of licensure

and cost reporting. Beginning no later than January 1, 2013,

the Department of Public Health shall produce a written annual

report to the Governor and the General Assembly regarding the

development of the Center for Comprehensive Health Planning.

The Chairman of the State Board and the State Board

Administrator shall also receive a copy of the annual report.

(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 Center for Comprehensive Health

Planning 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 procedures for review,

standards, and criteria which shall be utilized to make

periodic 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 Board in making its determinations.

(8) Prescribe, in consultation with the Center for

Comprehensive Health Planning, 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

classified as emergency, substantive, or non-substantive in

nature.

Six months after June 30, 2009 (the effective date of

Public Act 96-31), substantive projects shall include no more

than the following:

(a) Projects to construct (1) a new or replacement

facility located on a new site or (2) a replacement

facility located on the same site as the original facility

and the cost of the replacement facility exceeds the

capital expenditure minimum, which shall be reviewed by the

Board within 120 days;

(b) Projects proposing a (1) new service within an

existing healthcare facility or (2) discontinuation of a

service within an existing healthcare facility, which

shall be reviewed by the Board within 60 days; or

(c) Projects proposing a change in the bed capacity of

a health care facility by an increase in the total number

of beds or by a redistribution of beds among various

categories of service or by a relocation of beds from one

physical facility or site to another by more than 20 beds

or more than 10% of total bed capacity, as defined by the

State Board, whichever is less, over a 2-year period.

The Chairman may approve applications for exemption that

meet the criteria set forth in rules or refer them to the full

Board. The Chairman may approve any unopposed application that

meets all of the review criteria or refer them to the full

Board.

Such rules shall not abridge the right of the Center for

Comprehensive Health Planning 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.

(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.

(10.5) Provide its rationale when voting on an item before

it at a State Board meeting in order to comply with subsection

(b) of Section 3-108 of the Code of Civil Procedure.

(11) Issue written decisions upon request of the applicant

or an adversely affected party to the Board. Requests for a

written decision shall be made within 15 days after the Board

meeting in which a final decision has been made. A "final

decision" for purposes of this Act is the decision to approve

or deny an application, or take other actions permitted under

this Act, at the time and date of the meeting that such action

is scheduled by the Board. State Board members shall provide

their rationale when voting on an item before the State Board

at a State Board meeting in order to comply with subsection (b)

of Section 3-108 of the Administrative Review Law of the Code

of Civil Procedure. The transcript of the State Board meeting

shall be incorporated into the Board's final decision. The

staff of the Board shall prepare a written copy of the final

decision and the Board shall approve a final copy for inclusion

in the formal record. The Board shall consider, for approval,

the written draft of the final decision no later than the next

scheduled Board meeting. The written decision shall identify

the applicable criteria and factors listed in this Act and the

Board's regulations that were taken into consideration by the

Board when coming to a final decision. If the Board denies or

fails to approve an application for permit or exemption, the

Board shall include in the final decision a detailed

explanation as to why the application was denied and identify

what specific criteria or standards the applicant did not

fulfill.

(12) Require at least one of its members to participate in

any public hearing, after the appointment of a majority of the

members to the Board.

(13) Provide a mechanism for the public to comment on, and

request changes to, draft rules and standards.

(14) Implement public information campaigns to regularly

inform the general public about the opportunity for public

hearings and public hearing procedures.

(15) Establish a separate set of rules and guidelines for

long-term care that recognizes that nursing homes are a

different business line and service model from other regulated

facilities. An open and transparent process shall be developed

that considers the following: how skilled nursing fits in the

continuum of care with other care providers, modernization of

nursing homes, establishment of more private rooms,

development of alternative services, and current trends in

long-term care services. The Chairman of the Board shall

appoint a permanent Health Services Review Board Long-term Care

Facility Advisory Subcommittee that shall develop and

recommend to the Board the rules to be established by the Board

under this paragraph (15). The Subcommittee shall also provide

continuous review and commentary on policies and procedures

relative to long-term care and the review of related projects.

In consultation with other experts from the health field of

long-term care, the Board and the Subcommittee shall study new

approaches to the current bed need formula and Health Service

Area boundaries to encourage flexibility and innovation in

design models reflective of the changing long-term care

marketplace and consumer preferences. The Subcommittee shall

evaluate, and make recommendations to the State Board

regarding, the buying, selling, and exchange of beds between

long-term care facilities within a specified geographic area or

drive time. The Board shall file the proposed related

administrative rules for the separate rules and guidelines for

long-term care required by this paragraph (15) by no later than

September 30, 2011. The Subcommittee shall be provided a

reasonable and timely opportunity to review and comment on any

review, revision, or updating of the criteria, standards,

procedures, and rules used to evaluate project applications as

provided under Section 12.3 of this Act.

(16) Prescribe the format of and provide forms pertaining

to the State Board Staff Report. A State Board Staff Report

shall pertain to applications that include, but are not limited

to, applications for permit or exemption, applications for

permit renewal, applications for extension of the obligation

period, applications requesting a declaratory ruling, or

applications under the Health Care Worker Self-Referral Self

Referral Act. State Board Staff Reports shall compare

applications to the relevant review criteria under the Board's

rules.

(17) (16) Establish a separate set of rules and guidelines

for facilities licensed under the Specialized Mental Health

Rehabilitation Act of 2013. An application for the

re-establishment of a facility in connection with the

relocation of the facility shall not be granted unless the

applicant has a contractual relationship with at least one

hospital to provide emergency and inpatient mental health

services required by facility consumers, and at least one

community mental health agency to provide oversight and

assistance to facility consumers while living in the facility,

and appropriate services, including case management, to assist

them to prepare for discharge and reside stably in the

community thereafter. No new facilities licensed under the

Specialized Mental Health Rehabilitation Act of 2013 shall be

established after June 16, 2014 (the effective date of Public

Act 98-651) this amendatory Act of the 98th General Assembly

except in connection with the relocation of an existing

facility to a new location. An application for a new location

shall not be approved unless there are adequate community

services accessible to the consumers within a reasonable

distance, or by use of public transportation, so as to

facilitate the goal of achieving maximum individual self-care

and independence. At no time shall the total number of

authorized beds under this Act in facilities licensed under the

Specialized Mental Health Rehabilitation Act of 2013 exceed the

number of authorized beds on June 16, 2014 (the effective date

of Public Act 98-651) this amendatory Act of the 98th General

Assembly.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;

98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.

6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)

(20 ILCS 3960/14.1)

Sec. 14.1. Denial of permit; other sanctions.

(a) The State Board may deny an application for a permit or

may revoke or take other action as permitted by this Act with

regard to a permit as the State Board deems appropriate,

including the imposition of fines as set forth in this Section,

for any one or a combination of the following:

(1) The acquisition of major medical equipment without

a permit or in violation of the terms of a permit.

(2) The establishment, construction, or modification,

or change of ownership of a health care facility without a

permit or exemption or in violation of the terms of a

permit.

(3) The violation of any provision of this Act or any

rule adopted under this Act.

(4) The failure, by any person subject to this Act, to

provide information requested by the State Board or Agency

within 30 days after a formal written request for the

information.

(5) The failure to pay any fine imposed under this

Section within 30 days of its imposition.

(a-5) For facilities licensed under the ID/DD Community

Care Act, no permit shall be denied on the basis of prior

operator history, other than for actions specified under item

(2), (4), or (5) of Section 3-117 of the ID/DD Community Care

Act. For facilities licensed under the Specialized Mental

Health Rehabilitation Act, no permit shall be denied on the

basis of prior operator history, other than for actions

specified under item (2), (4), or (5) of Section 3-117 of the

Specialized Mental Health Rehabilitation Act. For facilities

licensed under the Nursing Home Care Act, no permit shall be

denied on the basis of prior operator history, other than for:

(i) actions specified under item (2), (3), (4), (5), or (6) of

Section 3-117 of the Nursing Home Care Act; (ii) actions

specified under item (a)(6) of Section 3-119 of the Nursing

Home Care Act; or (iii) actions within the preceding 5 years

constituting a substantial and repeated failure to comply with

the Nursing Home Care Act or the rules and regulations adopted

by the Department under that Act. The State Board shall not

deny a permit on account of any action described in this

subsection (a-5) without also considering all such actions in

the light of all relevant information available to the State

Board, including whether the permit is sought to substantially

comply with a mandatory or voluntary plan of correction

associated with any action described in this subsection (a-5).

(b) Persons shall be subject to fines as follows:

(1) A permit holder who fails to comply with the

requirements of maintaining a valid permit shall be fined

an amount not to exceed 1% of the approved permit amount

plus an additional 1% of the approved permit amount for

each 30-day period, or fraction thereof, that the violation

continues.

(2) A permit holder who alters the scope of an approved

project or whose project costs exceed the allowable permit

amount without first obtaining approval from the State

Board shall be fined an amount not to exceed the sum of (i)

the lesser of $25,000 or 2% of the approved permit amount

and (ii) in those cases where the approved permit amount is

exceeded by more than $1,000,000, an additional $20,000 for

each $1,000,000, or fraction thereof, in excess of the

approved permit amount.

(2.5) A permit holder who fails to comply with the

post-permit and reporting requirements set forth in

Section 5 shall be fined an amount not to exceed $10,000

plus an additional $10,000 for each 30-day period, or

fraction thereof, that the violation continues. This fine

shall continue to accrue until the date that (i) the

post-permit requirements are met and the post-permit

reports are received by the State Board or (ii) the matter

is referred by the State Board to the State Board's legal

counsel. The accrued fine is not waived by the permit

holder submitting the required information and reports.

Prior to any fine beginning to accrue, the Board shall

notify, in writing, a permit holder of the due date for the

post-permit and reporting requirements no later than 30

days before the due date for the requirements. This

paragraph (2.5) takes effect 6 months after August 27, 2012

(the effective date of Public Act 97-1115).

(3) A person who acquires major medical equipment or

who establishes a category of service without first

obtaining a permit or exemption, as the case may be, shall

be fined an amount not to exceed $10,000 for each such

acquisition or category of service established plus an

additional $10,000 for each 30-day period, or fraction

thereof, that the violation continues.

(4) A person who constructs, modifies, or establishes,

or changes ownership of a health care facility without

first obtaining a permit or exemption shall be fined an

amount not to exceed $25,000 plus an additional $25,000 for

each 30-day period, or fraction thereof, that the violation

continues.

(5) A person who discontinues a health care facility or

a category of service without first obtaining a permit or

exemption shall be fined an amount not to exceed $10,000

plus an additional $10,000 for each 30-day period, or

fraction thereof, that the violation continues. For

purposes of this subparagraph (5), facilities licensed

under the Nursing Home Care Act or the ID/DD Community Care

Act, with the exceptions of facilities operated by a county

or Illinois Veterans Homes, are exempt from this permit

requirement. However, facilities licensed under the

Nursing Home Care Act or the ID/DD Community Care Act must

comply with Section 3-423 of the Nursing Home Care Act or

Section 3-423 of the ID/DD Community Care Act and must

provide the Board and the Department of Human Services with

30 days' written notice of its intent to close. Facilities

licensed under the ID/DD Community Care Act also must

provide the Board and the Department of Human Services with

30 days' written notice of its intent to reduce the number

of beds for a facility.

(6) A person subject to this Act who fails to provide

information requested by the State Board or Agency within

30 days of a formal written request shall be fined an

amount not to exceed $1,000 plus an additional $1,000 for

each 30-day period, or fraction thereof, that the

information is not received by the State Board or Agency.

(b-5) The State Board may accept in-kind services instead

of or in combination with the imposition of a fine. This

authorization is limited to cases where the non-compliant

individual or entity has waived the right to an administrative

hearing or opportunity to appear before the Board regarding the

non-compliant matter.

(c) Before imposing any fine authorized under this Section,

the State Board shall afford the person or permit holder, as

the case may be, an appearance before the State Board and an

opportunity for a hearing before a hearing officer appointed by

the State Board. The hearing shall be conducted in accordance

with Section 10. Requests for an appearance before the State

Board must be made within 30 days after receiving notice that a

fine will be imposed.

(d) All fines collected under this Act shall be transmitted

to the State Treasurer, who shall deposit them into the

Illinois Health Facilities Planning Fund.

(e) Fines imposed under this Section shall continue to

accrue until: (i) the date that the matter is referred by the

State Board to the Board's legal counsel; or (ii) the date that

the health care facility becomes compliant with the Act,

whichever is earlier.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-980, eff. 8-17-12; 97-1115, eff. 8-27-12;

98-463, eff. 8-16-13.)