Public Act 099-0277

HB3510 Enrolled LRB099 08691 JLK 28858 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 Section 12 as follows:

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(Section scheduled to be repealed on December 31, 2019)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

(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.

The Subcommittee shall make recommendations to the Board no

later than January 1, 2016 and every January thereafter

pursuant to the Subcommittee's responsibility for the

continuous review and commentary on policies and procedures

relative to long-term care. 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

and submit its recommendations to the Chairman of the Board no

later than January 1, 2017. 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.

The Chairman of the Board shall appoint voting members of

the Subcommittee, who shall serve for a period of 3 years, with

one-third of the terms expiring each January, to be determined

by lot. Appointees shall include, but not be limited to,

recommendations from each of the 3 statewide long-term care

associations, with an equal number to be appointed from each.

Compliance with this provision shall be through the appointment

and reappointment process. All appointees serving as of April

1, 2015 shall serve to the end of their term as determined by

lot or until the appointee voluntarily resigns, whichever is

earlier.

One representative from the Department of Public Health,

the Department of Healthcare and Family Services, the

Department on Aging, and the Department of Human Services may

each serve as an ex-officio non-voting member of the

Subcommittee. The Chairman of the Board shall select a

Subcommittee Chair, who shall serve for a period of 3 years.

(16) Prescribe 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.)

Section 99. Effective date. This Act takes effect upon

becoming law.