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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Health Facilities Planning Act is | ||||||
| 5 | amended by changing Section 12 as follows:
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| 6 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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| 7 | (Section scheduled to be repealed on December 31, 2019) | ||||||
| 8 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
| 9 | this Act,
the State Board
shall
exercise the following powers | ||||||
| 10 | and duties:
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| 11 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
| 12 | procedures or reviews which may vary
according to the purpose | ||||||
| 13 | for which a particular review is being conducted
or the type of | ||||||
| 14 | project reviewed and which are required to carry out the
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| 15 | provisions and purposes of this Act. Policies and procedures of | ||||||
| 16 | the State Board shall take into consideration the priorities | ||||||
| 17 | and needs of medically underserved areas and other health care | ||||||
| 18 | services identified through the comprehensive health planning | ||||||
| 19 | process, giving special consideration to the impact of projects | ||||||
| 20 | on access to safety net services.
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| 21 | (2) Adopt procedures for public
notice and hearing on all | ||||||
| 22 | proposed rules, regulations, standards,
criteria, and plans | ||||||
| 23 | required to carry out the provisions of this Act.
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| 1 | (3) (Blank).
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| 2 | (4) Develop criteria and standards for health care | ||||||
| 3 | facilities planning,
conduct statewide inventories of health | ||||||
| 4 | care facilities, maintain an updated
inventory on the Board's | ||||||
| 5 | web site reflecting the
most recent bed and service
changes and | ||||||
| 6 | updated need determinations when new census data become | ||||||
| 7 | available
or new need formulae
are adopted,
and
develop health | ||||||
| 8 | care facility plans which shall be utilized in the review of
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| 9 | applications for permit under
this Act. Such health facility | ||||||
| 10 | plans shall be coordinated by the Board
with pertinent State | ||||||
| 11 | Plans. Inventories pursuant to this Section of skilled or | ||||||
| 12 | intermediate care facilities licensed under the Nursing Home | ||||||
| 13 | Care Act, skilled or intermediate care facilities licensed | ||||||
| 14 | under the ID/DD Community Care Act, facilities licensed under | ||||||
| 15 | the Specialized Mental Health Rehabilitation Act, or nursing | ||||||
| 16 | homes licensed under the Hospital Licensing Act shall be | ||||||
| 17 | conducted on an annual basis no later than July 1 of each year | ||||||
| 18 | and shall include among the information requested a list of all | ||||||
| 19 | services provided by a facility to its residents and to the | ||||||
| 20 | community at large and differentiate between active and | ||||||
| 21 | inactive beds.
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| 22 | In developing health care facility plans, the State Board | ||||||
| 23 | shall consider,
but shall not be limited to, the following:
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| 24 | (a) The size, composition and growth of the population | ||||||
| 25 | of the area
to be served;
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| 26 | (b) The number of existing and planned facilities | ||||||
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| 1 | offering similar
programs;
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| 2 | (c) The extent of utilization of existing facilities;
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| 3 | (d) The availability of facilities which may serve as | ||||||
| 4 | alternatives
or substitutes;
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| 5 | (e) The availability of personnel necessary to the | ||||||
| 6 | operation of the
facility;
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| 7 | (f) Multi-institutional planning and the establishment | ||||||
| 8 | of
multi-institutional systems where feasible;
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| 9 | (g) The financial and economic feasibility of proposed | ||||||
| 10 | construction
or modification; and
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| 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.
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| 15 | The health care facility plans which are developed and | ||||||
| 16 | adopted in
accordance with this Section shall form the basis | ||||||
| 17 | for the plan of the State
to deal most effectively with | ||||||
| 18 | statewide health needs in regard to health
care facilities.
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| 19 | (5) Coordinate with the Center for Comprehensive Health | ||||||
| 20 | Planning and other state agencies having responsibilities
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| 21 | affecting health care facilities, including those of licensure | ||||||
| 22 | and cost
reporting. Beginning no later than January 1, 2013, | ||||||
| 23 | the Department of Public Health shall produce a written annual | ||||||
| 24 | report to the Governor and the General Assembly regarding the | ||||||
| 25 | development of the Center for Comprehensive Health Planning. | ||||||
| 26 | The Chairman of the State Board and the State Board | ||||||
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| 1 | Administrator shall also receive a copy of the annual report.
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| 2 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
| 3 | State
any grants or bequests of money, securities or property | ||||||
| 4 | for
use by the State Board or Center for Comprehensive Health | ||||||
| 5 | Planning in the administration of this Act; and enter into | ||||||
| 6 | contracts
consistent with the appropriations for purposes | ||||||
| 7 | enumerated in this Act.
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| 8 | (7) The State Board shall prescribe procedures for review, | ||||||
| 9 | standards,
and criteria which shall be utilized
to make | ||||||
| 10 | periodic reviews and determinations of the appropriateness
of | ||||||
| 11 | any existing health services being rendered by health care | ||||||
| 12 | facilities
subject to the Act. The State Board shall consider | ||||||
| 13 | recommendations of the
Board in making its
determinations.
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| 14 | (8) Prescribe, in consultation
with the Center for | ||||||
| 15 | Comprehensive Health Planning, rules, regulations,
standards, | ||||||
| 16 | and criteria for the conduct of an expeditious review of
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| 17 | applications
for permits for projects of construction or | ||||||
| 18 | modification of a health care
facility, which projects are | ||||||
| 19 | classified as emergency, substantive, or non-substantive in | ||||||
| 20 | nature. | ||||||
| 21 | Six months after June 30, 2009 (the effective date of | ||||||
| 22 | Public Act 96-31), substantive projects shall include no more | ||||||
| 23 | than 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 | ||||||
| 16 | meet the criteria set forth in rules or refer them to the full | ||||||
| 17 | Board. The Chairman may approve any unopposed application that | ||||||
| 18 | meets all of the review criteria or refer them to the full | ||||||
| 19 | Board. | ||||||
| 20 | Such rules shall
not abridge the right of the Center for | ||||||
| 21 | Comprehensive Health Planning to make
recommendations on the | ||||||
| 22 | classification and approval of projects, nor shall
such rules | ||||||
| 23 | prevent the conduct of a public hearing upon the timely request
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| 24 | of an interested party. Such reviews shall not exceed 60 days | ||||||
| 25 | from the
date the application is declared to be complete.
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| 26 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
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| 1 | pertaining to the granting of permits for
construction
and | ||||||
| 2 | modifications which are emergent in nature and must be | ||||||
| 3 | undertaken
immediately to prevent or correct structural | ||||||
| 4 | deficiencies or hazardous
conditions that may harm or injure | ||||||
| 5 | persons using the facility, as defined
in the rules and | ||||||
| 6 | regulations of the State Board. This procedure is exempt
from | ||||||
| 7 | public hearing requirements of this Act.
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| 8 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
| 9 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
| 10 | days, of applications for permits for projects to
construct or | ||||||
| 11 | modify health care facilities which are needed for the care
and | ||||||
| 12 | treatment of persons who have acquired immunodeficiency | ||||||
| 13 | syndrome (AIDS)
or related conditions.
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| 14 | (11) Issue written decisions upon request of the applicant | ||||||
| 15 | or an adversely affected party to the Board. Requests for a | ||||||
| 16 | written decision shall be made within 15 days after the Board | ||||||
| 17 | meeting in which a final decision has been made. A "final | ||||||
| 18 | decision" for purposes of this Act is the decision to approve | ||||||
| 19 | or deny an application, or take other actions permitted under | ||||||
| 20 | this Act, at the time and date of the meeting that such action | ||||||
| 21 | is scheduled by the Board. State Board members shall provide | ||||||
| 22 | their rationale when voting on an item before the State Board | ||||||
| 23 | at a State Board meeting in order to comply with subsection (b) | ||||||
| 24 | of Section 3-108 of the Administrative Review Law of the Code | ||||||
| 25 | of Civil Procedure. The transcript of the State Board meeting | ||||||
| 26 | shall be incorporated into the Board's final decision. The | ||||||
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| 1 | staff of the Board shall prepare a written copy of the final | ||||||
| 2 | decision and the Board shall approve a final copy for inclusion | ||||||
| 3 | in the formal record. The Board shall consider, for approval, | ||||||
| 4 | the written draft of the final decision no later than the next | ||||||
| 5 | scheduled Board meeting. The written decision shall identify | ||||||
| 6 | the applicable criteria and factors listed in this Act and the | ||||||
| 7 | Board's regulations that were taken into consideration by the | ||||||
| 8 | Board when coming to a final decision. If the Board denies or | ||||||
| 9 | fails to approve an application for permit or exemption, the | ||||||
| 10 | Board shall include in the final decision a detailed | ||||||
| 11 | explanation as to why the application was denied and identify | ||||||
| 12 | what specific criteria or standards the applicant did not | ||||||
| 13 | fulfill. | ||||||
| 14 | (12) Require at least one of its members to participate in | ||||||
| 15 | any public hearing, after the appointment of a majority of the | ||||||
| 16 | members to the Board. | ||||||
| 17 | (13) Provide a mechanism for the public to comment on, and | ||||||
| 18 | request changes to, draft rules and standards. | ||||||
| 19 | (14) Implement public information campaigns to regularly | ||||||
| 20 | inform the general public about the opportunity for public | ||||||
| 21 | hearings and public hearing procedures. | ||||||
| 22 | (15) Establish a separate set of rules and guidelines for | ||||||
| 23 | long-term care that recognizes that nursing homes are a | ||||||
| 24 | different business line and service model from other regulated | ||||||
| 25 | facilities. An open and transparent process shall be developed | ||||||
| 26 | that considers the following: how skilled nursing fits in the | ||||||
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| 1 | continuum of care with other care providers, modernization of | ||||||
| 2 | nursing homes, establishment of more private rooms, | ||||||
| 3 | development of alternative services, and current trends in | ||||||
| 4 | long-term care services.
The Chairman of the Board shall | ||||||
| 5 | appoint a permanent Health Services Review Board Long-term Care | ||||||
| 6 | Facility Advisory Subcommittee that shall develop and | ||||||
| 7 | recommend to the Board the rules to be established by the Board | ||||||
| 8 | under this paragraph (15). The Subcommittee shall also provide | ||||||
| 9 | continuous review and commentary on policies and procedures | ||||||
| 10 | relative to long-term care and the review of related projects. | ||||||
| 11 | The Subcommittee shall make recommendations to the Board no | ||||||
| 12 | later than January 1, 2016 and every January thereafter | ||||||
| 13 | pursuant to the Subcommittee's responsibility for the | ||||||
| 14 | continuous review and commentary on policies and procedures | ||||||
| 15 | relative to long-term care. In consultation with other experts | ||||||
| 16 | from the health field of long-term care, the Board and the | ||||||
| 17 | Subcommittee shall study new approaches to the current bed need | ||||||
| 18 | formula and Health Service Area boundaries to encourage | ||||||
| 19 | flexibility and innovation in design models reflective of the | ||||||
| 20 | changing long-term care marketplace and consumer preferences | ||||||
| 21 | and submit its recommendations to the Chairman of the Board no | ||||||
| 22 | later than January 1, 2017. The Subcommittee shall evaluate, | ||||||
| 23 | and make recommendations to the State Board regarding, the | ||||||
| 24 | buying, selling, and exchange of beds between long-term care | ||||||
| 25 | facilities within a specified geographic area or drive time. | ||||||
| 26 | The Board shall file the proposed related administrative rules | ||||||
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| 1 | for the separate rules and guidelines for long-term care | ||||||
| 2 | required by this paragraph (15) by no later than September 30, | ||||||
| 3 | 2011. The Subcommittee shall be provided a reasonable and | ||||||
| 4 | timely opportunity to review and comment on any review, | ||||||
| 5 | revision, or updating of the criteria, standards, procedures, | ||||||
| 6 | and rules used to evaluate project applications as provided | ||||||
| 7 | under Section 12.3 of this Act. | ||||||
| 8 | The Chairman of the Board shall appoint voting members of | ||||||
| 9 | the Subcommittee, who shall serve for a period of 3 years, with | ||||||
| 10 | one-third of the terms expiring each January, to be determined | ||||||
| 11 | by lot. Appointees shall include, but not be limited to, | ||||||
| 12 | recommendations from each of the 3 statewide long-term care | ||||||
| 13 | associations, with an equal number to be appointed from each. | ||||||
| 14 | Compliance with this provision shall be through the appointment | ||||||
| 15 | and reappointment process. All appointees serving as of April | ||||||
| 16 | 1, 2015 shall serve to the end of their term as determined by | ||||||
| 17 | lot or until the appointee voluntarily resigns, whichever is | ||||||
| 18 | earlier. | ||||||
| 19 | One representative from the Department of Public Health, | ||||||
| 20 | the Department of Healthcare and Family Services, the | ||||||
| 21 | Department on Aging, and the Department of Human Services may | ||||||
| 22 | each serve as an ex-officio non-voting member of the | ||||||
| 23 | Subcommittee. The Chairman of the Board shall select a | ||||||
| 24 | Subcommittee Chair, who shall serve for a period of 3 years. | ||||||
| 25 | (16) Prescribe and provide forms pertaining to the State | ||||||
| 26 | Board Staff Report. A State Board Staff Report shall pertain to | ||||||
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| 1 | applications that include, but are not limited to, applications | ||||||
| 2 | for permit or exemption, applications for permit renewal, | ||||||
| 3 | applications for extension of the obligation period, | ||||||
| 4 | applications requesting a declaratory ruling, or applications | ||||||
| 5 | under the Health Care Worker Self-Referral Self Referral Act. | ||||||
| 6 | State Board Staff Reports shall compare applications to the | ||||||
| 7 | relevant review criteria under the Board's rules. | ||||||
| 8 | (17) (16) Establish a separate set of rules and guidelines | ||||||
| 9 | for facilities licensed under the Specialized Mental Health | ||||||
| 10 | Rehabilitation Act of 2013. An application for the | ||||||
| 11 | re-establishment of a facility in connection with the | ||||||
| 12 | relocation of the facility shall not be granted unless the | ||||||
| 13 | applicant has a contractual relationship with at least one | ||||||
| 14 | hospital to provide emergency and inpatient mental health | ||||||
| 15 | services required by facility consumers, and at least one | ||||||
| 16 | community mental health agency to provide oversight and | ||||||
| 17 | assistance to facility consumers while living in the facility, | ||||||
| 18 | and appropriate services, including case management, to assist | ||||||
| 19 | them to prepare for discharge and reside stably in the | ||||||
| 20 | community thereafter. No new facilities licensed under the | ||||||
| 21 | Specialized Mental Health Rehabilitation Act of 2013 shall be | ||||||
| 22 | established after June 16, 2014 (the effective date of Public | ||||||
| 23 | Act 98-651) this amendatory Act of the 98th General Assembly | ||||||
| 24 | except in connection with the relocation of an existing | ||||||
| 25 | facility to a new location. An application for a new location | ||||||
| 26 | shall not be approved unless there are adequate community | ||||||
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| 1 | services accessible to the consumers within a reasonable | ||||||
| 2 | distance, or by use of public transportation, so as to | ||||||
| 3 | facilitate the goal of achieving maximum individual self-care | ||||||
| 4 | and independence. At no time shall the total number of | ||||||
| 5 | authorized beds under this Act in facilities licensed under the | ||||||
| 6 | Specialized Mental Health Rehabilitation Act of 2013 exceed the | ||||||
| 7 | number of authorized beds on June 16, 2014 (the effective date | ||||||
| 8 | of Public Act 98-651) this amendatory Act of the 98th General | ||||||
| 9 | Assembly. | ||||||
| 10 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 11 | eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; | ||||||
| 12 | 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. | ||||||
| 13 | 6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
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| 14 | Section 99. Effective date. This Act takes effect upon | ||||||
| 15 | becoming law.
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