HB3510 EngrossedLRB099 08691 JLK 28858 b



1 AN ACT concerning State government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Health Facilities Planning Act is 
5amended by changing Section 12 as follows:



6 (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)


7 (Section scheduled to be repealed on December 31, 2019)
8 Sec. 12. Powers and duties of State Board. For purposes of 
9this Act,
the State Board
shall
exercise the following powers 
10and duties:

11 (1) Prescribe rules,
regulations, standards, criteria, 
12procedures or reviews which may vary
according to the purpose 
13for which a particular review is being conducted
or the type of 
14project reviewed and which are required to carry out the

15provisions and purposes of this Act. Policies and procedures of 
16the State Board shall take into consideration the priorities 
17and needs of medically underserved areas and other health care 
18services identified through the comprehensive health planning 
19process, giving special consideration to the impact of projects 
20on access to safety net services. 

21 (2) Adopt procedures for public
notice and hearing on all 
22proposed rules, regulations, standards,
criteria, and plans 
23required to carry out the provisions of this Act.

 
 
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1 (3) (Blank).

2 (4) Develop criteria and standards for health care 
3facilities planning,
conduct statewide inventories of health 
4care facilities, maintain an updated
inventory on the Board's 
5web site reflecting the
most recent bed and service
changes and 
6updated need determinations when new census data become 
7available
or new need formulae
are adopted,
and
develop health 
8care facility plans which shall be utilized in the review of

9applications for permit under
this Act. Such health facility 
10plans shall be coordinated by the Board
with pertinent State 
11Plans. Inventories pursuant to this Section of skilled or 
12intermediate care facilities licensed under the Nursing Home 
13Care Act, skilled or intermediate care facilities licensed 
14under the ID/DD Community Care Act, facilities licensed under 
15the Specialized Mental Health Rehabilitation Act, or nursing 
16homes licensed under the Hospital Licensing Act shall be 
17conducted on an annual basis no later than July 1 of each year 
18and shall include among the information requested a list of all 
19services provided by a facility to its residents and to the 
20community at large and differentiate between active and 
21inactive beds.


22 In developing health care facility plans, the State Board 
23shall consider,
but shall not be limited to, the following:


24  (a) The size, composition and growth of the population 
25 of the area
to be served;


26  (b) The number of existing and planned facilities 
 
 
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1 offering similar
programs;


2  (c) The extent of utilization of existing facilities;


3  (d) The availability of facilities which may serve as 
4 alternatives
or substitutes;


5  (e) The availability of personnel necessary to the 
6 operation of the
facility;


7  (f) Multi-institutional planning and the establishment 
8 of
multi-institutional systems where feasible;


9  (g) The financial and economic feasibility of proposed 
10 construction
or modification; and


11  (h) In the case of health care facilities established 
12 by a religious
body or denomination, the needs of the 
13 members of such religious body or
denomination may be 
14 considered to be public need.

15 The health care facility plans which are developed and 
16adopted in
accordance with this Section shall form the basis 
17for the plan of the State
to deal most effectively with 
18statewide health needs in regard to health
care facilities.

19 (5) Coordinate with the Center for Comprehensive Health 
20Planning and other state agencies having responsibilities

21affecting health care facilities, including those of licensure 
22and cost
reporting. Beginning no later than January 1, 2013, 
23the Department of Public Health shall produce a written annual 
24report to the Governor and the General Assembly regarding the 
25development of the Center for Comprehensive Health Planning. 
26The Chairman of the State Board and the State Board 
 
 
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1Administrator shall also receive a copy of the annual report.

2 (6) Solicit, accept, hold and administer on behalf of the 
3State
any grants or bequests of money, securities or property 
4for
use by the State Board or Center for Comprehensive Health 
5Planning in the administration of this Act; and enter into 
6contracts
consistent with the appropriations for purposes 
7enumerated in this Act.

8 (7) The State Board shall prescribe procedures for review, 
9standards,
and criteria which shall be utilized
to make 
10periodic reviews and determinations of the appropriateness
of 
11any existing health services being rendered by health care 
12facilities
subject to the Act. The State Board shall consider 
13recommendations of the
Board in making its
determinations.

14 (8) Prescribe, in consultation
with the Center for 
15Comprehensive Health Planning, rules, regulations,
standards, 
16and criteria for the conduct of an expeditious review of

17applications
for permits for projects of construction or 
18modification of a health care
facility, which projects are 
19classified as emergency, substantive, or non-substantive in 
20nature. 
21 Six months after June 30, 2009 (the effective date of 
22Public Act 96-31), substantive projects shall include no more 
23than the following:
24  (a) Projects to construct (1) a new or replacement 
25 facility located on a new site or
(2) a replacement 
26 facility located on the same site as the original facility 
 
 
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1 and the cost of the replacement facility exceeds the 
2 capital expenditure minimum, which shall be reviewed by the 
3 Board within 120 days;
4  (b) Projects proposing a
(1) new service within an 
5 existing healthcare facility or
(2) discontinuation of a 
6 service within an existing healthcare facility, which 
7 shall be reviewed by the Board within 60 days; or
8  (c) Projects proposing a change in the bed capacity of 
9 a health care facility by an increase in the total number 
10 of beds or by a redistribution of beds among various 
11 categories of service or by a relocation of beds from one 
12 physical facility or site to another by more than 20 beds 
13 or more than 10% of total bed capacity, as defined by the 
14 State Board, whichever is less, over a 2-year period.
15 The Chairman may approve applications for exemption that 
16meet the criteria set forth in rules or refer them to the full 
17Board. The Chairman may approve any unopposed application that 
18meets all of the review criteria or refer them to the full 
19Board. 
20 Such rules shall
not abridge the right of the Center for 
21Comprehensive Health Planning to make
recommendations on the 
22classification and approval of projects, nor shall
such rules 
23prevent the conduct of a public hearing upon the timely request

24of an interested party. Such reviews shall not exceed 60 days 
25from the
date the application is declared to be complete.

26 (9) Prescribe rules, regulations,
standards, and criteria 
 
 
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1pertaining to the granting of permits for
construction
and 
2modifications which are emergent in nature and must be 
3undertaken
immediately to prevent or correct structural 
4deficiencies or hazardous
conditions that may harm or injure 
5persons using the facility, as defined
in the rules and 
6regulations of the State Board. This procedure is exempt
from 
7public hearing requirements of this Act.

8 (10) Prescribe rules,
regulations, standards and criteria 
9for the conduct of an expeditious
review, not exceeding 60 
10days, of applications for permits for projects to
construct or 
11modify health care facilities which are needed for the care
and 
12treatment of persons who have acquired immunodeficiency 
13syndrome (AIDS)
or related conditions.

14 (11) Issue written decisions upon request of the applicant 
15or an adversely affected party to the Board. Requests for a 
16written decision shall be made within 15 days after the Board 
17meeting in which a final decision has been made. A "final 
18decision" for purposes of this Act is the decision to approve 
19or deny an application, or take other actions permitted under 
20this Act, at the time and date of the meeting that such action 
21is scheduled by the Board. State Board members shall provide 
22their rationale when voting on an item before the State Board 
23at a State Board meeting in order to comply with subsection (b) 
24of Section 3-108 of the Administrative Review Law of the Code 
25of Civil Procedure. The transcript of the State Board meeting 
26shall be incorporated into the Board's final decision. The 
 
 
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1staff of the Board shall prepare a written copy of the final 
2decision and the Board shall approve a final copy for inclusion 
3in the formal record. The Board shall consider, for approval, 
4the written draft of the final decision no later than the next 
5scheduled Board meeting. The written decision shall identify 
6the applicable criteria and factors listed in this Act and the 
7Board's regulations that were taken into consideration by the 
8Board when coming to a final decision. If the Board denies or 
9fails to approve an application for permit or exemption, the 
10Board shall include in the final decision a detailed 
11explanation as to why the application was denied and identify 
12what specific criteria or standards the applicant did not 
13fulfill.
14 (12) Require at least one of its members to participate in 
15any public hearing, after the appointment of a majority of the 
16members to the Board.
17 (13) Provide a mechanism for the public to comment on, and 
18request changes to, draft rules and standards.
19 (14) Implement public information campaigns to regularly 
20inform the general public about the opportunity for public 
21hearings and public hearing procedures.
22 (15) Establish a separate set of rules and guidelines for 
23long-term care that recognizes that nursing homes are a 
24different business line and service model from other regulated 
25facilities. An open and transparent process shall be developed 
26that considers the following: how skilled nursing fits in the 
 
 
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1continuum of care with other care providers, modernization of 
2nursing homes, establishment of more private rooms, 
3development of alternative services, and current trends in 
4long-term care services.
The Chairman of the Board shall 
5appoint a permanent Health Services Review Board Long-term Care 
6Facility Advisory Subcommittee that shall develop and 
7recommend to the Board the rules to be established by the Board 
8under this paragraph (15). The Subcommittee shall also provide 
9continuous review and commentary on policies and procedures 
10relative to long-term care and the review of related projects. 
11The Subcommittee shall make recommendations to the Board no 
12later than January 1, 2016 and every January thereafter 
13pursuant to the Subcommittee's responsibility for the 
14continuous review and commentary on policies and procedures 
15relative to long-term care. In consultation with other experts 
16from the health field of long-term care, the Board and the 
17Subcommittee shall study new approaches to the current bed need 
18formula and Health Service Area boundaries to encourage 
19flexibility and innovation in design models reflective of the 
20changing long-term care marketplace and consumer preferences 
21and submit its recommendations to the Chairman of the Board no 
22later than January 1, 2017. The Subcommittee shall evaluate, 
23and make recommendations to the State Board regarding, the 
24buying, selling, and exchange of beds between long-term care 
25facilities within a specified geographic area or drive time. 
26The Board shall file the proposed related administrative rules 
 
 
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1for the separate rules and guidelines for long-term care 
2required by this paragraph (15) by no later than September 30, 
32011. The Subcommittee shall be provided a reasonable and 
4timely opportunity to review and comment on any review, 
5revision, or updating of the criteria, standards, procedures, 
6and rules used to evaluate project applications as provided 
7under Section 12.3 of this Act. 
8 The Chairman of the Board shall appoint voting members of 
9the Subcommittee, who shall serve for a period of 3 years, with 
10one-third of the terms expiring each January, to be determined 
11by lot. Appointees shall include, but not be limited to, 
12recommendations from each of the 3 statewide long-term care 
13associations, with an equal number to be appointed from each. 
14Compliance with this provision shall be through the appointment 
15and reappointment process. All appointees serving as of April 
161, 2015 shall serve to the end of their term as determined by 
17lot or until the appointee voluntarily resigns, whichever is 
18earlier. 
19 One representative from the Department of Public Health, 
20the Department of Healthcare and Family Services, the 
21Department on Aging, and the Department of Human Services may 
22each serve as an ex-officio non-voting member of the 
23Subcommittee. The Chairman of the Board shall select a 
24Subcommittee Chair, who shall serve for a period of 3 years. 
25 (16) Prescribe and provide forms pertaining to the State 
26Board Staff Report. A State Board Staff Report shall pertain to 
 
 
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1applications that include, but are not limited to, applications 
2for permit or exemption, applications for permit renewal, 
3applications for extension of the obligation period, 
4applications requesting a declaratory ruling, or applications 
5under the Health Care Worker Self-Referral Self Referral Act. 
6State Board Staff Reports shall compare applications to the 
7relevant review criteria under the Board's rules. 
8 (17) (16) Establish a separate set of rules and guidelines 
9for facilities licensed under the Specialized Mental Health 
10Rehabilitation Act of 2013. An application for the 
11re-establishment of a facility in connection with the 
12relocation of the facility shall not be granted unless the 
13applicant has a contractual relationship with at least one 
14hospital to provide emergency and inpatient mental health 
15services required by facility consumers, and at least one 
16community mental health agency to provide oversight and 
17assistance to facility consumers while living in the facility, 
18and appropriate services, including case management, to assist 
19them to prepare for discharge and reside stably in the 
20community thereafter. No new facilities licensed under the 
21Specialized Mental Health Rehabilitation Act of 2013 shall be 
22established after June 16, 2014 (the effective date of Public 
23Act 98-651) this amendatory Act of the 98th General Assembly 
24except in connection with the relocation of an existing 
25facility to a new location. An application for a new location 
26shall not be approved unless there are adequate community 
 
 
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1services accessible to the consumers within a reasonable 
2distance, or by use of public transportation, so as to 
3facilitate the goal of achieving maximum individual self-care 
4and independence. At no time shall the total number of 
5authorized beds under this Act in facilities licensed under the 
6Specialized Mental Health Rehabilitation Act of 2013 exceed the 
7number of authorized beds on June 16, 2014 (the effective date 
8of Public Act 98-651) this amendatory Act of the 98th General 
9Assembly. 
10(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, 
11eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; 
1298-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. 
136-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)



14 Section 99. Effective date. This Act takes effect upon 
15becoming law.