SB 40 — HEALTH FACILITIES PERMITS

The Chairman shall annually review Board member performance and shall report the attendance record of each Board member to the General Assembly.

(g) The State Board, through the Chairman, shall prepare a separate and distinct budget approved by the General Assembly and shall hire and supervise its own professional staff responsible for carrying out the responsibilities of the Board.

(h) The State Board shall meet at least every 45 days, or as often as the Chairman of the State Board deems necessary, or upon the request of a majority of the members.

(i) Five members of the State Board shall constitute a quorum.

The affirmative vote of 5 of the members of the State Board shall be necessary for any action requiring a vote to be taken by the State Board.

A vacancy in the membership of the State Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the State Board as provided by this Act.

(j) A State Board member shall disqualify himself or herself from the consideration of any application for a permit or exemption in which the State Board member or the State Board member's spouse, parent, sibling, or child:

(i) has an economic interest in the matter;

or (ii) is employed by, serves as a consultant for, or is a member of the governing board of the SB0040 Engrossed - 6 - LRB097 05313 RLJ 45368 b applicant or a party opposing the application.

(k) The Chairman, Board members, and Board staff must comply with the Illinois Governmental Ethics Act.

95-331,90-72, eff.

8-21-07;7-8-97.) (20 ILCS 1805/56-2 new) Sec.

96-31,56-2. eff.

6-30-09.)Illinois (20National ILCSGuard 3960/5)State (fromActive Ch.Duty Fund;

111payment; 1/2, par.

1155)use. (Section scheduled to be repealed on December 31, 2019) Sec.

5.The Illinois National Guard State Active Duty Fund is created and shall be initially financed by a transfer from the Federal Support Agreement Revolving Fund to the Illinois National Guard State Active Duty Fund as provided in SB0040 Enrolled - 3 - LRB097 05313 RLJ 45368 b Section 56-1 of this Code.

Construction,Thereafter, modification,all ormonies establishmentreceived offrom healthany caregovernment facilitiesentity orthat acquisitionreimburse costs incurred in the performance of majorState medicalActive equipment;Duty shall be paid into the Illinois National Guard State Active Duty Fund.

permitsDisbursement orfrom exemptions.the Fund for purposes as set forth in this Section shall be by voucher ordered by the Adjutant General and paid by a warrant drawn by the State Comptroller and countersigned by the State Treasurer.

NoThe personDirector shall construct,order modifydisbursements orfrom establishthe aIllinois healthNational careGuard facilityState orActive acquireDuty majorFund medicalonly equipmentfor withoutpayment firstof obtainingexpenses anecessary permitto orsupport exemptionthe fromIllinois National Guard in the performance of State Board.Active Duty.

TheMonies Statein Boardthis Fund shall not delegatebe tosubject the staff of the State Board or any other person or entity the authority to grantappropriation permitsby or exemptions whenever the staffGeneral orAssembly, otherbut personshall or entity would be requiredsubject to exerciseaudit anyby discretion affecting the decisionAuditor toGeneral. grant a permit or exemption.

TheArticle State5. Board may, by rule, delegate authority to the Chairman to grant permits or exemptions when applications meet all of the State Board's review criteria and are unopposed.

AConveyance permit or exemption shall be obtained prior to the acquisitionCity of majorSalem. medical equipment or to the construction or modification of a health care facility which:

(a)Section requires5-5. a total capital expenditure in excess of the capital expenditure minimum;

orThe SB0040Adjutant EngrossedGeneral, -on 7behalf -of LRB097the 05313State RLJof 45368Illinois band (b)the substantiallyDepartment changesof Military Affairs, is authorized to convey by Quitclaim Deed all right, title, and interest of the scopeState orof changesIllinois and the functionalDepartment operationof Military Affairs in and to the real estate described in Section 5-10 to the City of Salem, subject to the facility;conditions and restrictions described in Section 5-15.

orSection (c)5-10. changes the bed capacity of a health care facility by increasing the total number of beds or by distributing beds among various categories of service or by relocating 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.

AThe permitAdjutant shallGeneral beis validauthorized onlyto forconvey the definedfollowing constructiondescribed orreal modifications,property: site, amount and person named in the application for such permit and shall not be transferable or assignable.

ASB0040 permitEnrolled shall- be4 valid- untilLRB097 such05313 timeRLJ as45368 theb projectParcel has1: been completed, provided that (a) obligation of the project occurs within 12 months following issuance of the permit except for major construction projects such obligation must occur within 18 months following issuance of the permit;

Lots 6, 7 and (b)8 thein projectHull's commencesSubdivision Number 1 of Lots 3 and proceeds4 of Surveyor's Addition Number 4 to completionthe withCity dueof diligenceSalem, bybeing a part of the completionSoutheast dateQuarter orof extensionthe dateNorthwest approvedQuarter byof Section 11, Township 2 North, Range 2 East of the Board.Third Principal Meridian, in Marion County, Illinois.

AParcel permit2: holder must do the following:

(i)All submitthat thepart finalof completionLot and4 costin reportSurveyor's forAddition theNumber project4 withinto 90 days after the approvedCity project completion date or extension date and (ii) submit annual progress reports no earlier than 30 days before and no later than 30 days after each anniversary date of theSalem, Board'sdescribed approvalas offollows: the permit until the project is completed.

SB0040Commencing Engrossedat -the 8Northwest -corner LRB097of 05313Lot RLJ8 45368in bHull's ToSubdivision monitorNumber progress1, toward project commencement and completion, routine post-permit reports shall be limited to annual progress reports and the finalCity completionof andSalem, costIllinois; report.

Thethence CertificateWest of125 Needfeet; process required under this Act is designed to restrain rising health care costs by preventing unnecessary construction or modification of health care facilities.

Thethence BoardSouth must158.7 assurefeet; that the establishment, construction, or modification of a health care facility or the acquisition of major medical equipment is consistent with the public interest and that the proposed project is consistent with the orderly and economic development or acquisition of those facilities and equipment and is in accord with the standards, criteria, or plans of need adopted and approved by the Board.

Boardthence decisionsEast regarding125 feet, thence North 158.7 feet to the constructionplace of healthbeginning, carein facilitiesMarion mustCounty, considerIllinois, capacity,all quality,more value,particularly anddescribed equity.as follows:

ProjectsBeginning mayat deviatean fromiron thepin costs,set fees,at and expenses provided in their project cost information for the project'sNortheast costcorner components,of providedsaid thatLot the8 finalof totalHull's projectSubdivision costNumber does1; not exceed the approved permit amount.

Majorthence constructionalong projects,the forextended theNorth purposesline of thissaid Act,Lot shall8, includeon butan areassumed notbearing limitedof to:South 89 degrees 13 minutes 47 seconds West a distance of 248.84 feet (Deed call 250 feet), to an iron pin set;

projectsthence forSouth the0 constructiondegree 23 minutes 30 seconds West, a distance of new158.97 buildings;feet (Deed call 158.7 feet), to an iron pin found;

additionsthence North 89 degrees 10 minutes 21 seconds East, a distance of 249.93 feet (Deed call 250 feet) to existingan facilities;iron pin set, said point being the Southeast corner of aforesaid Lot 6 of Hull's SB0040 Enrolled - 5 - LRB097 05313 RLJ 45368 b Subdivision Number 1;

modernizationthence projectsalong whosethe costEast isline inof excessLots 6, 7 and 8 of $1,000,000Hull's orSubdivision 10%Number 1, North 0 degree 00 minutes 00 seconds, a distance of the158.70 facilities'feet, operatingto revenue,the whicheverpoint isof less;beginning.

andAll suchof other projects as the Stateabove Boardsituated SB0040in EngrossedMarion -County, 9Illinois. - LRB097 05313 RLJ 45368 b shall define and prescribe pursuant to this Act.

TheParcel State3: Board may extend the obligation period upon a showing of good cause by the permit holder.

PermitsLots for175, projects176, that177, haveand not178 beenin obligatedIrwin-Hull withinreplat theof prescribeda obligationpart periodof shallLots expire3 onand the4, lastSurveyor's dayAddition ofNo. that period.

The4 acquisition by any person of major medical equipment that will not be owned by or located in a health care facility and that will not be used to providethe servicesCity to inpatients of aSalem, healthMarion careCounty, facilityIllinois. shall be exempt from review provided that a notice is filed in accordance with exemption requirements.

NotwithstandingParcel any4: other provision of this Act, no permit or exemption is required for the construction or modification of a non-clinical service area of a health care facility.

(Source:Lot 4 of Hull's Subdivision No.

P.A.1 of Lot 3 and 4 of Surveyor's Addition No.

96-31,4 eff.to the City of Salem, Marion County, Illinois.

6-30-09.)Parcel (205: ILCS 3960/6) (from Ch.

111Lot 1/2,35 par.in the Irwin-Hull Replat of a part of Lots 3 and 4 of Surveyor's Addition No.

1156)4 (Sectionto scheduledthe toCity beof repealedSalem onand Decemberbeing 31,a 2019)part Sec.of the East Half of the Northwest Quarter, Section 11, Township Two North, Range Two East of the Third P.M., Marion County, Illinois.

6.Parcel 6:

ApplicationLots for9 permitand or10 exemption;in Hull's Subdivision No.

exemption1 regulations.to the City of Salem, Marion County, Illinois.

(a)Parcel An7: application for a permit or exemption shall be made to the State Board upon forms provided by the State Board.

ThisLot application4 shallin containSurveyor's suchAddition informationNo. as the State Board deems necessary.

The1 Stateto Boardthe shallCity notof requireSalem, anMarion applicantCounty, toIllinois, filemore aparticularly Letterdescribed ofas Intentfollows: before an application is filed.

SuchBeginning applicationat shalla includepoint affirmative21.45 evidencefeet onN. which the SB0040 Engrossed - 10 - LRB097 05313 RLJ 45368 b State Board or Chairman may make its decision on the approval or denial of the permit or exemption.

(b)of TheSB0040 StateEnrolled Board- shall6 establish- byLRB097 regulation05313 theRLJ procedures45368 andb requirementsthe regardingN.E. issuance of exemptions.

Ancorner exemptionof shallBlock be1 approvedin whenRogers informationAddition requiredto bysaid theCity Boardof bySalem, ruleand isrunning submitted.thence N.

Projects150 eligiblefeet, forthence anW. exemption, rather than a permit, include, but are not limited to, change of ownership of a health care facility.

For50 afeet, changethence ofS. ownership of a health care facility between related persons, the State Board shall provide by rule for an expedited process for obtaining an exemption.

In150 connectionfeet, withand athence changeE. of ownership, the State Board may approve the transfer of an existing permit without regard to whether the permit to be transferred has yet been obligated, except for permits establishing a new facility or a new category of service.

(c)50 Allfeet applicationsto shall be signed by the applicantplace andof shallbeginning. be verified by any 2 officers thereof.

(c-5)Parcel Any8: written review or findings of the Board staff or any other reviewing organization under Section 8 concerning an application for a permit must be made available to the public at least 14 calendar days before the meeting of the State Board at which the review or findings are considered.

TheLot applicant5 and members of the public may submit, to the State Board, written responses regarding the facts set forth in theHull's reviewSubdivision orNo. findings of the Board staff or reviewing organization.

Members1 of theLots public3 shalland have4 until 10 days before the SB0040 Engrossed - 11 - LRB097 05313 RLJ 45368 b meeting of theSurveyor's StateAddition BoardNo. to submit any written response concerning the Board staff's written review or findings at least 10 days before the meeting of the State Board.

The4 Board staff may revise any findings to addressthe correctionsCity of factualSalem, errorsMarion citedCounty, inIllinois. the public response.

AtSection the5-15. meeting, the State Board may, in its discretion, permit the submission of other additional written materials.

(d)The UponAdjutant receiptGeneral of an application for a permit, the State Board shall approvenot andconvey authorize the issuancereal ofproperty adescribed permitin ifSection it5-10 findsto (1) that the applicantCity is fit, willing, and able to provide a proper standard of healthSalem careuntil service for the communityAdjutant withGeneral particulardetermines regardthat to the qualification,property background and character of the applicant, (2) that economic feasibility is demonstratedno inlonger termsrequired offor effectmilitary onpurposes. the existing and projected operating budget of the applicant and of the health care facility;

inIn termsthis regard, construction of the applicant'snew abilityReadiness toCenter establishin Salem must be completed, and operateall suchmilitary facilityunits with associated equipment must have been transferred from the armory property described in accordanceSection with5-10 licensureto regulationsthe promulgatednew underReadiness pertinentCenter statein laws;Salem.

andConveyance in terms of the projectedabove impactreal onproperty thewill totalbe health care expenditures in thean facility"as andis" community,condition, (3)subject thatto safeguardsan areHistoric providedPreservation whichCovenant assureon that the establishment,armory constructionbuildings oras modificationapproved ofby the healthIllinois careHistoric facilityPreservation orAgency, acquisition of major medical equipment is consistent with the public interest, and (4) that the proposedCity projectof isSalem consistentwill withpay theall orderlyrequired andcosts economic development of such facilities and equipmentexpenses and is in accord with standards, criteria, or plans SB0040 Engrossed - 12 - LRB097 05313 RLJ 45368 b of needthe adoptedconveyance, andas approveddetermined pursuantby to the provisionsAdjutant ofGeneral. Section 12 of this Act.

(Source:Section 5-20.

P.A.The Adjutant General shall obtain a certified copy of this Act from the Secretary of State within 60 days SB0040 Enrolled - 7 - LRB097 05313 RLJ 45368 b after its effective date and, upon conveyance of the real estate described in Section 5-10 being made, shall cause the certified copy of this Act to be recorded in the office of the recorder of Marion County, Illinois.

95-237,Article eff.10.

1-1-08;Conveyance to the City of Mt.

96-31,Vernon. eff.

6-30-09.)Section (2010-5. ILCS 3960/6.2 new) Sec.

6.2.The Adjutant General, on behalf of the State of Illinois and the Department of Military Affairs, is authorized to convey by Quitclaim Deed all right, title, and interest of the State of Illinois and the Department of Military Affairs in and to the real estate described in Section 10-10 to the City of Mt.

ReviewVernon, ofsubject permits.to the conditions and restrictions described in Section 10-15.

UponSection receipt10-10. 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.

IfThe theAdjutant applicationGeneral is complete,authorized theto Stateconvey Board staff shall notify the applicantfollowing ofdescribed thereal beginningproperty: of the review process.

IfParcel the1: application is not complete, the Board staff shall explain within the 10-day period why the application is incomplete.

The StateNorth Board63.5 stafffeet shall afford a reasonable amount of timeLots as4, established5, by6 theand State7 Board,in butW. not to exceed 120 days, for the review of the application.

TheD. 120-day period begins on the day the application is found to be substantially complete, as that term is defined by the State Board.

DuringGreen's theSubdivision 120-dayof period,Block the12 applicantof mayGreen's requestFirst anAddition extension.to the City of Mt.

AnVernon, applicantIllinois, mayaccording modifyto the applicationrecorded atplat anythereof timein beforeDeed aRecord final41, administrativepage decision565, hasin beenthe madeRecorder's onOffice theof application.Jefferson County, Illinois.

TheA Statepart Boardof shallLot prescribe1 and provide the forms upon which the review and findings of theW. State Board staff shall be made.

TheD. State Board staff shall submit its review and findings to the State Board for its approval or denial of the permit.

SB0040Green's EngrossedSubdivision -of 13Block -12 LRB097 05313 RLJ 45368 b When an application for a permit is initially reviewed by State Board staff, as provided in thisGreene's Section,First theAddition Stateto Board shall, upon request, afford an opportunity for a public hearing within a reasonable amount of time after receipt of the completeTown application,(now butCity) not to exceed 90 days after receipt of theMt. complete application.

NoticeVernon, ofIllinois, themore hearingparticularly shalldescribed beas madefollows: promptly, within 10 days before the hearing, by certified mail to the applicant and, within 10 days before the hearing, by publication in a newspaper of general circulation in the area or community to be affected.

TheSB0040 hearingEnrolled shall- be8 held- inLRB097 the05313 areaRLJ or45368 communityb inBeginning whichat an iron pin set on the proposedSouth projectline isof tosaid beLot located,1, and65.00 shallfeet beEast for(assm.) of the purposeSouthwest ofcorner allowingthereof, thecontinuing applicantthence andEast any(assm.) interesteda persondistance of 353.80 feet to presentan publiciron testimonypin concerningset on the approval,West denial,Right renewal,of orWay revocationline of theexisting permit.South 7th St., thence North 05 degrees 15 minutes 26 seconds East along said West Right of Way line of 7th St.

Alla interesteddistance personsof attending162.05 feet to an iron pin set on the hearingSouth shallRight beof givenWay line of existing East Broadway St., thence North 89 degrees 59 minutes 02 seconds West along said South Right of Way line of Broadway a reasonabledistance opportunityof 354.47 feet to presentan theiriron viewspin orset argumentsSouth in89 writingdegrees or59 orally,minutes and02 seconds East a recorddistance of all65.00 feet from the Northwest corner of said Lot 1, thence South 05 degrees 01 minutes 07 seconds West parallel to the testimonyWest shallline accompanyof anysaid findingsLot 1 a distance of 162.09 feet to the StatePoint Boardof staff.beginning.

The Stateabove Boarddescribed shalltract adoptis reasonablealso rulesknown andas: regulations governing the procedure and conduct of the hearings.

(20A ILCStract 3960/12)of (fromland Ch.described as beginning at a point 65 feet East of the Southwest corner of Lot 1 in W.

111D. 1/2, par.

1162)Greene's (SectionSubdivision scheduledof toBlock be12 repealedin onGreene's DecemberFirst 31,Addition 2019)to Sec.the Town (now City) of Mt.

12.Vernon, Illinois;

Powersrunning andthence dutiesin a Northerly direction parallel with the West line of Statesaid Board.Lot to the South line of Broadway Street;

Forthence purposesin ofan thisEasterly Act,direction theon State Board shall exercise the followingSouth powersline SB0040of Engrossedsaid -street, 14353 -feet LRB097to 05313the RLJEast 45368line bof andsaid duties:Lot;

(1)thence Prescribein rules,a regulations,Southerly standards,direction criteria,along proceduresthe orEast reviewsline whichof maysaid varyLot according to the purposeSoutheast forcorner whichthereof and thence in a particularWesterly reviewdirection is353 feet on the SB0040 Enrolled - 9 - LRB097 05313 RLJ 45368 b South line of said Lot to the Place of beginning, being conductedpart orof the typeEast Half of projectthe reviewedSouthwest andQuarter whichof areSection required29, toTownship carry2 outSouth, Range 3 East of the provisionsThird andPrincipal purposesMeridian, ofsituated thisin Act.Jefferson County, Illinois.

PoliciesParcel and2: 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)The AdoptSouth proceduresHalf forof public notice and hearing on all proposedthat rules,portion regulations,of standards,the criteria,vacated and160 plansfoot requiredalley, tovacated carryby out the provisionsCity of thisMt. Act.

(3)Vernon, (Blank).Illinois, by Ordinance 2000-44 on July 17, 2000 and recorded on July 31, 2000 as Document No.

(4)200005179, Develop criteria and standardsadjoining forthe healthabove caredescribed facilitieslots planning, conduct statewide inventories of health care facilities, maintain an updated inventory on the Board'sNorth web site reflecting the most recent bed and servicemore changesparticularly anddescribed updatedas needfollows, determinationsto-wit: 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.

SuchBeginning healthat facilitythe plansNorthwest shallcorner beof coordinatedLot by7 herein, thence North 8 feet, thence Easterly along the Boardcenterline withof pertinentsaid Statevacated Plans.alley to a point lying due North of the Northeast corner of Lot 4 herein, thence South to the said Northeast corner of Lot 4, thence Westerly along the North lines of Lots 4, 5, 6 and 7, herein, to the point of beginning.

Inventories pursuant to this Section of10-15. skilled or intermediate care facilities licensed under the Nursing Home SB0040 Engrossed - 15 - LRB097 05313 RLJ 45368 b Care Act, skilled or intermediate care facilities licensed under the MR/DD Community Care 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.

InThe developingAdjutant healthGeneral careshall facilitynot plans,convey the Statereal Boardproperty shalldescribed consider,in butSection shall10-10 notto bethe limitedCity to,of theMt. following:

(a)Vernon Theuntil size,the compositionAdjutant andGeneral growthdetermines ofthat the populationproperty ofis theno arealonger torequired befor served;military purposes.

(b)In Thethis numberregard, construction of existingthe andnew plannedReadiness facilitiesCenter offeringin similarMt. programs;

(c)Vernon Themust extentbe ofcompleted, utilizationand ofall existingmilitary facilities;units with associated equipment must have been transferred from the armory property described in Section 10-10 to the new Readiness Center in Mt.

(d)Vernon. The availability of facilities which may serve as alternatives or substitutes;

(e)SB0040 TheEnrolled availability- 10 - LRB097 05313 RLJ 45368 b Conveyance of personnelthe necessaryabove real property will be in an "as is" condition, subject to an Historic Preservation Covenant on the operationarmory ofbuildings as approved by the facility;Illinois Historic Preservation Agency, and the City of Mt.

(f)Vernon Multi-institutionalwill planningpay all required costs and expenses of the establishmentconveyance, ofas multi-institutionaldetermined systemsby wherethe feasible;Adjutant General.

(g)Section The10-20. financial and economic feasibility of proposed construction or modification;

andThe (h)Adjutant InGeneral theshall caseobtain a certified copy of healththis careAct facilitiesfrom establishedthe bySecretary aof religiousState bodywithin or60 denomination,days theafter needsits effective date and, upon conveyance of the membersreal ofestate suchdescribed religiousin bodySection or10-10 denominationbeing maymade, beshall consideredcause the certified copy of this Act to be publicrecorded need.in the office of the recorder of Jefferson County, Illinois.

SB0040Article Engrossed15. - 16 - LRB097 05313 RLJ 45368 b 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)(330 CoordinateILCS with126/85 therep.) CenterSection for15-15. Comprehensive Health Planning and other state agencies having responsibilities affecting health care facilities, including those of licensure and cost reporting.

(6)The Solicit,Veterans' accept,Health holdInsurance andProgram administerAct on behalf of the2008 Stateis anyamended grants or bequests of money, securities or property for use by therepealing StateSection Board85. or Center for Comprehensive Health Planning in the administration of this Act;

andSection enter99. into contracts consistent with the appropriations for purposes enumerated in this Act.

(7)Effective Thedate. 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.

TheThis StateAct Boardtakes shalleffect considerupon recommendationsbecoming oflaw. 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 SB0040 Engrossed - 17 - LRB097 05313 RLJ 45368 b 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.

SB0040 Engrossed - 18 - LRB097 05313 RLJ 45368 b 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 within 30 days of the 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 SB0040 Engrossed - 19 - LRB097 05313 RLJ 45368 b is scheduled by the Board.

The staff of the State Board shall prepare a written copy of the final decision and the State Board shall approve a final copy for inclusion in the formal record.

(12) Require at least one of its members to participate in any public hearing, after the appointment of a majority of the the 9 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 SB0040 Engrossed - 20 - LRB097 05313 RLJ 45368 b 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 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 1, 2010.

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 prior to approval by the Board and promulgation of related rules.

(Source:

P.A.

96-31, eff.

6-30-09;

96-339, eff.

7-1-10;

96-1000, eff.

7-2-10.) (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:

SB0040 Engrossed - 21 - LRB097 05313 RLJ 45368 b (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 of a health care facility without a permit 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 MR/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 MR/DD Community Care 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 SB0040 Engrossed - 22 - LRB097 05313 RLJ 45368 b 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 SB0040 Engrossed - 23 - LRB097 05313 RLJ 45368 b 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.

Beginning 6 months after the effective date of this amendatory Act of the 97th General Assembly, the Board shall notify, in writing, a permit holder of the due date for the post-permit requirements no later than 30 days before the due date for the requirements.

(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 a health care facility without first obtaining a permit 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 SB0040 Engrossed - 24 - LRB097 05313 RLJ 45368 b a category of service without first obtaining a permit 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 MR/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 MR/DD Community Care Act must comply with Section 3-423 of the Nursing Home Care Act or Section 3-423 of the MR/DD Community Care Act and must provide the Board with 30-days' written notice of its intent to close.

(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.

(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.

(d) All fines collected under this Act shall be transmitted SB0040 Engrossed - 25 - LRB097 05313 RLJ 45368 b to the State Treasurer, who shall deposit them into the Illinois Health Facilities Planning Fund.

(Source:

P.A.

95-543, eff.

8-28-07;

96-339, eff.

7-1-10;

96-1372, eff.

7-29-10.)