Who sponsors SB 1332?

SB 1332 is sponsored by Susan Garrett, Terry R. Parke, and Tom Cross.

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Illinois 93rd Regular Session Status: Enacted

SB 1332 — HOSP LIC-FACILITY PLAN REVIEW

Last action June 27, 2003 — Public Act . . . . . . . . . 93-0041

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✓
Introduced
✓
In Committee
✓
Passed Senate
✓
Passed House
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced February 20, 2003. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
3 sponsors

0 primary, 3 co-sponsors signed on.
Cleared a recorded vote

Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Hospital Licensing Act. Provides that hospitals must submit plans and specifications only for major construction materially affecting patient isolation or operating rooms, hospital egress, compartmentalization or storage, and other conditions covered under the Life Safety Code. Provides that the Department must give a hospital that is planning to submit a construction project for review the opportunity to discuss its plans and specifications with the Department before the hospital formally submits the plans and specifications for Department review. Provides that the Department shall conduct on-site inspection of the completed project no later than 10 business days (rather than 30 days) after notification from the applicant that the project has been completed and all certifications have been received and accepted by the Department. Deletes provisions making waivers of compliance with the rules or standards applicable only to construction or physical plants. Makes changes in procedures for inspections, investigations, and surveys. Provides that if the Department does not resolve disputed deficiencies after the informal dispute resolution process, the Department must provide a written explanation to the hospital of why deficiencies have not been removed from the statement of deficiencies. Provides that the Department must implement a reviewer performance improvement program for hospital survey, inspection, and investigation staff. Makes other changes.

Bill Text

What changed in the latest version

1011 added · 340 removed

Plain-language change summary

The recent amendments to SB 1332 clarify and expand the definition of "health care facilities" to include a wider range of institutions, specifically adding ambulatory surgical treatment centers and kidney disease treatment centers. This change is significant because it ensures that more types of health facilities are regulated and monitored under the Illinois Health Facilities Planning Act, which can help improve overall healthcare quality and accessibility in the state. By updating the language, the bill aims to address current health needs and ensure that all relevant facilities are held to the same standards.

SB1332 ~~Engrossed~~Enrolled LRB093 09788 AMC 10033 b AN ACT concerning ~~hospitals.~~health facilities.

The ~~Hospital~~Illinois ~~Licensing~~Health Facilities Planning Act is amended by changing Sections 8,3, ~~8.5,~~4, 9,5.3, ~~9.2,~~6, ~~and~~10, ~~9.3~~12, 12.2, 13, and ~~adding~~19.6 ~~Sections~~and ~~9.4,~~by ~~9.5,~~adding ~~and~~Section ~~9.6~~12.3 as follows:

(20 ILCS 3960/3) (from Ch.

111 1/2, par.

1153) (Section scheduled to be repealed on July 1, 2003) Sec.

____________ As used in this Act:

"Health care facilities" means and includes the following facilities and organizations:

An ambulatory surgical treatment center required to be licensed pursuant to the Ambulatory Surgical Treatment Center Act;

An institution, place, building, or agency required to be licensed pursuant to the Hospital Licensing Act;

Skilled and intermediate long term care facilities licensed under the Nursing Home Care Act;

Hospitals, nursing homes, ambulatory surgical treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof;

Kidney disease treatment centers, including a free-standing hemodialysis unit;

and 6.

An institution, place, building, or room used for the performance of outpatient surgical procedures that is leased, owned, or operated by or on behalf of an out-of-state facility.

SB1332 Enrolled -2- LRB093 09788 AMC 10033 b No federally owned facility shall be subject to the provisions of this Act, nor facilities used solely for healing by prayer or spiritual means.

No facility licensed under the Supportive Residences Licensing Act or the Assisted Living and Shared Housing Act shall be subject to the provisions of this Act.

A facility designated as a supportive living facility that is in good standing with the demonstration project established under Section 5-5.01a of the Illinois Public Aid Code shall not be subject to the provisions of this Act.

This Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act.

However, if a demonstration project under that Act applies for a certificate of need to convert to a nursing facility, it shall meet the licensure and certificate of need requirements in effect as of the date of application.

This Act shall not apply to the closure of an entity or a portion of an entity licensed under the Nursing Home Care Act that elects to convert, in whole or in part, to an assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing E ------------- Act.

With the exception of those health care facilities specifically included in this Section, nothing in this Act shall be intended to include facilities operated as a part of the practice of a physician or other licensed health care professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group.

Further, this Act shall not apply to physicians or other licensed health care professional's practices where such practices are carried out in a portion of a health care facility under contract with such health care facility by a physician or by other licensed health care professionals, whether practicing in his individual capacity SB1332 Enrolled -3- LRB093 09788 AMC 10033 b or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional groups.

This Act shall apply to construction or modification and to establishment by such health care facility of such contracted portion which is subject to facility licensing requirements, irrespective of the party responsible for such action or attendant financial obligation.

"Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof.

"Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the teaching of health, (c) who has a material financial interest in any activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever has been a member of the immediate family of the person defined by (a), (b), or (c).

"State Board" means the Health Facilities Planning Board.

"Construction or modification" means the establishment, erection, building, alteration, reconstruction, modernization, improvement, extension, discontinuation, change of ownership, of or by a health care facility, or the purchase or acquisition by or through a health care facility of equipment or service for diagnostic or therapeutic purposes or for facility administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum;

however, any capital expenditure made by or on behalf of a health care facility for the construction or modification of a facility licensed under the Assisted Living and Shared SB1332 Enrolled -4- LRB093 09788 AMC 10033 b Housing Act shall be excluded from any obligations under this Act.

"Establish" means the construction of a health care facility or the replacement of an existing facility on another site.

"Major medical equipment" means medical equipment which is used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act.

In determining whether medical equipment has a value in excess of the capital expenditure minimum, the value of studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition of such equipment shall be included.

"Capital Expenditure" means an expenditure:

Show all 274 changed lines (234 more)

(A) made by or on behalf of a health care facility (as such a facility is defined in this Act);

and (B) which under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance, or is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part;

and which exceeds the capital expenditure minimum.

For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which an expenditure is made shall be included in determining if such expenditure SB1332 Enrolled -5- LRB093 09788 AMC 10033 b exceeds the capital expenditures minimum.

Donations of equipment or facilities to a health care facility which if acquired directly by such facility would be subject to review under this Act shall be considered capital expenditures, and a transfer of equipment or facilities for less than fair market value shall be considered a capital expenditure for purposes of this Act if a transfer of the equipment or facilities at fair market value would be subject to review.

"Capital expenditure minimum" means $6,000,000, which shall be annually adjusted to reflect the increase in construction costs due to inflation, for major medical equipment and for all other capital expenditures;

provided, however, that when a capital expenditure is for the construction or modification of a health and fitness center, "capital expenditure minimum" means the capital expenditure minimum for all other capital expenditures in effect on March 1, 2000, which shall be annually adjusted to reflect the increase in construction costs due to inflation.

"Non-clinical service area" means an area (i) for the benefit of the patients, visitors, staff, or employees of a health care facility and (ii) not directly related to the diagnosis, treatment, or rehabilitation of persons receiving services from the health care facility.

"Non-clinical service areas" include, but are not limited to, chapels;

gift shops;

news stands;

computer systems;

tunnels, walkways, and elevators;

telephone systems;

projects to comply with life safety codes;

educational facilities;

student housing;

patient, employee, staff, and visitor dining areas;

administration and volunteer offices;

modernization of structural components (such as roof replacement and masonry work);

boiler repair or replacement;

vehicle maintenance and storage facilities;

parking facilities;

mechanical systems for heating, ventilation, and air conditioning;

loading docks;

and repair or replacement of carpeting, tile, wall SB1332 Enrolled -6- LRB093 09788 AMC 10033 b coverings, window coverings or treatments, or furniture.

Solely for the purpose of this definition, "non-clinical service area" does not include health and fitness centers.

"Areawide" means a major area of the State delineated on a geographic, demographic, and functional basis for health planning and for health service and having within it one or more local areas for health planning and health service.

The term "region", as contrasted with the term "subregion", and the word "area" may be used synonymously with the term "areawide".

"Local" means a subarea of a delineated major area that on a geographic, demographic, and functional basis may be considered to be part of such major area.

The term "subregion" may be used synonymously with the term "local".

"Areawide health planning organization" or "Comprehensive health planning organization" means the health systems agency designated by the Secretary, Department of Health and Human Services or any successor agency.

"Local health planning organization" means those local health planning organizations that are designated as such by the areawide health planning organization of the appropriate area.

"Physician" means a person licensed to practice in accordance with the Medical Practice Act of 1987, as amended.

"Licensed health care professional" means a person licensed to practice a health profession under pertinent licensing statutes of the State of Illinois.

"Director" means the Director of the Illinois Department of Public Health.

"Agency" means the Illinois Department of Public Health.

"Comprehensive health planning" means health planning concerned with the total population and all health and associated problems that affect the well-being of people and that encompasses health services, health manpower, and health SB1332 Enrolled -7- LRB093 09788 AMC 10033 b facilities;

and the coordination among these and with those social, economic, and environmental factors that affect health.

"Alternative health care model" means a facility or program authorized under the Alternative Health Care Delivery Act.

"Out-of-state facility" means a person that is both (i) licensed as a hospital or as an ambulatory surgery center under the laws of another state or that qualifies as a hospital or an ambulatory surgery center under regulations adopted pursuant to the Social Security Act and (ii) not licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, or the Nursing Home Care Act.

Affiliates of out-of-state facilities shall be considered out-of-state facilities.

Affiliates of Illinois licensed health care facilities 100% owned by an Illinois licensed health care facility, its parent, or Illinois physicians licensed to practice medicine in all its branches shall not be considered out-of-state facilities.

Nothing in this definition shall be construed to include an office or any part of an office of a physician licensed to practice medicine in all its branches in Illinois that is not required to be licensed under the Ambulatory Surgical Treatment Center Act.

_C______________________o_____________________l_____________ _____e_____________________a______________________l_____________ _____f_____________________l______________________s_____________ _____w_____________________e______________________t_____________ ______t____________________n______________________o_____________ ______m____________________g__________ _R______________________a_____________________i_____________ _____o_____________________d______________________e_____________ _____i_____________________g______________________t_____________ _____f_____________________i_______________________d____________ SB1332 Enrolled -8- LRB093 09788 AMC 10033 b _____e_____________________f______________________l_____ (Source:

P.A.

90-14, eff.

7-1-97;

91-656, eff.

1-1-01;

91-782, eff.

6-9-00;

revised 11-6-02.) (20 ILCS 3960/4) (from Ch.

111 1/2, par.

1154) (Section scheduled to be repealed on July 1, 2003) Sec.

_____________t________________________m___________ _____n_____________________n_________________ There is created the Health Facilities Planning Board, which shall perform t ___ ---- functions a-----------t--- described in this Act.

_o_____________________o______________________t_____________ _____a_____________________o_______________________o____________ ______i____________________e______________________s_____________ _____o_____________________A______________________m_____________ ______c_____________________a_______________________b___________ _____l_____________________e______________________a_____________ _____e_____________________r______________________e_____________ _____a______________________G_____________________a_____________ ______o____________________o______________________t_____________ _____a_____________________d______________________e_____________ ______c_____________________m________ ------------B------------ -----s---------------------e----------------------u------------- -----m----------------------t---------------------t------------- -----t---------------------m----------------------h------------- -----o---------------------i-----------------------t------------ -----t---------------------e----------------------s------------- -----t----------------------o----------------------p------------ -----e---------------------i-----------------------t------------ -----i---------------------r----------------------o------------- -----e---------------------i----------------------m------------- -----i----------------------o---------------------i------------- -----e---------------------a----------------------a------------- -----r---------------------h----------------------a------------- -----r------ SB1332 Enrolled -9- LRB093 09788 AMC 10033 b The State Board shall be appointed by the Governor, with the advice and consent of the Senate.

----m------------ -----n---------------------n----------------------i------------- -----m---------------------)----------------------o------------- -----r---------------------l----------------------t------------- -----e----------------------(---------------------o------------- -----r---------------------m----------------------e------------- ------t--------------------y----------------------n------------- -----s---------------------r----------------------h------------- -----n---------------------n----------------------o------------- --------a---------------------(-------------------o------------- -----r---------------------s----------------------t------------- -----a---------------------t----------------------n------------- -----n---------------------b----------------------m------------- -----n---------------------u----------------------h------------- -----r---------------------n----------------------c------------- -----e---------------------t----------------------a------------- -----s---------------------c----------------------r------------- -----s----------------------g---------------------h--------- Not more than 5_ - of the appointments shall be of the same political party.

_______s______________________e_____________ ______m____________________n______________________h_____________ ______o____________________A______________________l_____________ _____r_____________________a________________________e___________ _____o______________ The Secretary of Human Services, the Director of Public Aid, and the Director of Public Health, or their designated representatives, shall serve as ex-officio, non-voting members of the State Board.

Of those m_____________i_____ appointed by the Governor _______t___________________c______________________l_____________ ______s____________________r_______________________s____________ _____t_____________________,______________________r_____________ _____i_____________________e_________ ------------e------- each SB1332 Enrolled -10- LRB093 09788 AMC 10033 b _____n____ member shall hold office for a term of 3 years,_- provided,- that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term and the term of office of each successor shall commence on July 1 of the year in which his predecessor's term expires.

I ---------------------a------------ -----h---------------------o----------------------5------------- -----m---------------------a-----------------------3------------ -----y---------------------e----------------------a------------- -----u---------------------t----------------------r------------- -----n---------------------a----------------------l------------- ------1--------------------s----------------------c------------- -----n----------------------t---------------- Each member shall hold office until his successor is appointed and qualified.

State Board members, while serving on business of the State Board, shall receive actual and necessary travel and subsistence expenses while so serving away from their places of residence.

__________f______________________e_____________ _____f_____________________s______________________f_____________ ______o____________________t______________________s_____________ _____u_______________________B______________________a___________ _____a_______________________b____________________e_____________ _____o_____________________n_____________ -------i------------- -----n----------------------t----------------------m------------ -----v---------------------$----------------------t------------- -----n---------------------c-----------------------y------------ -----r-- _h_____________________i______________________e_____________ _____h____________ -------a----------------------e------------- -----i---------------------s----------------------e------------- -----m----------------------o---------------------c------------- -----t----------------------o------------------- shall name as full-time Executive Secretary of the State Board, a person SB1332 Enrolled -11- LRB093 09788 AMC 10033 b qualified in health care facility planning and in administration.

The Agency shall provide administrative and staff support for the State Board.

The State Board shall advise the Director of its budgetary and staff needs and consult with the Director on annual budget preparation.

The State Board shall meet at least once each quarter, or as often as the Chairman of the State Board deems necessary, or upon the request of a majority of the members.

_i___ ----- 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.

__S____________________h______________________f_____________ ______t____________________o______________________r_____________ _____t_____________________t_______________________S____________ _____r_______________________o______________________a___________ _____e______________________(_____________________s_____________ _____l_____________________e_______________________b____________ _____c_____________________i____________________ (Source:

P.A.

90-14, eff.

7-1-97;

91-782, eff.

6-9-00.) (20 ILCS 3960/5.3) (Section scheduled to be repealed on July 1, 2003) Sec.

5.3.

___________r______________________d________ In addition to the State Board's authority to require reports, the State Board shall require each health care facility to submit an annual report of all capital expenditures in excess of $200,000 (which shall be annually adjusted to reflect the increase in construction costs due to inflation) made by the health care facility during the most recent year.

This annual report shall consist of a brief description of the SB1332 Enrolled -12- LRB093 09788 AMC 10033 b capital expenditure, the amount and method of financing the capital expenditure, the certificate of need project number if the project was reviewed, and the total amount of capital expenditures obligated for the year.

________l_____________ _____h_____________________p______________________i_____________ _____c______________________d_____________________e_____________ _____m_____________________a______________________m_____________ _____i_____________________n______________________c_____________ _____t_____________ (Source:

P.A.

91-782, eff.

6-9-00.) (20 ILCS 3960/6) (from Ch.

111 1/2, par.

1156) (Section scheduled to be repealed on July 1, 2003) Sec.

_____________o______________________n_____________ _____a_______ _a__ An application for a permit or exemption shall be made to the State Board upon forms provided by the State Board.

This application shall contain such information as the State Board deems necessary.

Such application shall include affirmative evidence on which the Director may make the findings required under this Section and upon which the State Board may make its decision on the approval or denial of the permit or exemption.

_b__ The State Board shall establish by regulation the procedures and requirements regarding issuance of exemptions.

_____x_____________________p______________________n_____________ _____o_____________________i______________________i_____________ _____t_____________________e______________________e_____________ _____c_______________________o____________________c_____________ _____e_____________________e______________________t_____________ _____n_______________________s____________________r_____________ _____i_____________________i___________________ _c__ All applications shall be signed by the applicant and shall be verified by any 2 officers thereof.

SB1332 Enrolled -13- LRB093 09788 AMC 10033 b _d__ Upon receipt of an application for a permit, the State Board shall approve and authorize the issuance of a permit if it finds (1) that the applicant is fit, willing, and able to provide a proper standard of health care service for the community with particular regard to the qualification, background and character of the applicant, (2) that economic feasibility is demonstrated in terms of effect on the existing and projected operating budget of the applicant and of the health care facility;

in terms of the applicant's ability to establish and operate such facility in accordance with licensure regulations promulgated under pertinent state laws;

and in terms of the projected impact on the total health care expenditures in the facility and community, (3) that safeguards are provided which assure that the establishment, construction or modification of the health care facility or acquisition of major medical equipment is consistent with the public interest, and (4) that the proposed project is consistent with the orderly and economic development of such facilities and equipment and is in accord with standards, criteria, or plans of need adopted and approved pursuant to the provisions of Section 12 of this Act.

(Source:

P.A.

88-18.) (20 ILCS 3960/10) (from Ch.

111 1/2, par.

1160) (Section scheduled to be repealed on July 1, 2003) Sec.

10.

____________n_______________________t____________ _____p______________________o_____________________h_____________ _____a______________________o______________________p____________ When a motion by the State Board, to approve an application for a permit or a certificate of recognition, fails to pass, or when a motion to deny an application for a permit or a certificate of recognition is passed, the applicant or the holder of the permit, as the case may be, and such other SB1332 Enrolled -14- LRB093 09788 AMC 10033 b parties as the State Board permits, will be given an opportunity to appear before the State Board and present such information as may be relevant to the approval of a permit or certificate or in opposition to the denial of the application.

Subsequent to an appearance by the applicant before the State Board or default of such opportunity to appear, a motion by the State Board to approve an application for a permit or a certificate of recognition which fails to pass or a motion to deny an application for a permit or a certificate of recognition which passes shall be considered denial of the application for a permit or certificate of recognition, as the case may be.

Such action of denial or an action by the State Board to revoke a permit or a certificate of recognition shall be communicated to the applicant or holder of the permit or certificate of recognition.

Such person or organization shall be afforded an opportunity for a hearing before a hearing officer, who is appointed by the ________ -------B-----.

A written notice of a request for such hearing shall be served upon the Chairman of the State Board within 30 days following notification of the decision of the State Board.

The State Board shall schedule a hearing, and the _____t___ -------- shall appoint a hearing officer within 30 days thereafter.

________r______________________t_____________ _____s_____________________t______________________e_____________ _____n______________________b_____________________d_____________ _____e______________________a_____________________o_____________ _____h________ Following its consideration of the report of the hearing, or upon default of the party to the hearing, the State Board shall make its final determination, specifying its findings and conclusions w__________________r_____________ _____e_____________________i___.

A copy of such determination shall be sent by certified mail or served personally upon the party.

SB1332 Enrolled -15- LRB093 09788 AMC 10033 b A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the State Board or hearing officer.

All testimony shall be reported but need not be transcribed unless the decision is appealed in accordance with the Administrative Review Law, as now or hereafter amended.

A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing such copy or copies.

The State Board or hearing officer shall upon its own or his motion, or on the written request of any party to the proceeding who has, in the State Board's or hearing officer's opinion, demonstrated the relevancy of such request to the outcome of the proceedings, issue subpoenas requiring the attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records, or memoranda.

The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit court of this State.

When the witness is subpoenaed at the instance of the State Board, or its hearing officer, such fees shall be paid in the same manner as other expenses of the Agency, and when the witness is subpoenaed at the instance of any other party to any such proceeding the State Board may, in accordance with the rules of the Agency, require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned.

In such case, the State Board in its discretion, may require a deposit to cover the cost of such service and witness fees.

A subpoena or subpoena duces tecum so issued shall be served in the same manner as a subpoena issued out of a court.

Any circuit court of this State upon the application of SB1332 Enrolled -16- LRB093 09788 AMC 10033 b the State Board or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before it or its hearing officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court.

(Source:

P.A.

88-18;

89-276, eff.

8-10-96.) (20 ILCS 3960/12) (from Ch.

111 1/2, par.

1162) (Section scheduled to be repealed on July 1, 2003) Sec.

12.

____________u_____________________ 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.

(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) Prescribe criteria for recognition for areawide health planning organizations, including, but not limited to, standards for evaluating the scientific bases for judgments on need and procedure for making these determinations.

(4) Develop criteria and standards for health care facilities planning, conduct statewide inventories of health care facilities_________i______________________t_____________ _____t_____________________e______________________e_____________ _____c_____________________a______________________i_____________ _____s_____________________l______________________f_____________ _____e__, and develop health care facility plans which shall SB1332 Enrolled -17- LRB093 09788 AMC 10033 b be utilized in the review of applications for permit under this Act.

Such health facility plans shall be coordinated by the Agency with the health care facility plans areawide health planning organizations and with other pertinent State Plans.

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;

(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 other state agencies having responsibilities affecting health care facilities, including those of licensure and cost reporting.

(6) Solicit, accept, hold and administer on behalf of SB1332 Enrolled -18- LRB093 09788 AMC 10033 b the State any grants or bequests of money, securities or property for use by the State Board or recognized areawide health planning organizations 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, in consultation with the recognized areawide health planning organizations, procedures for review, standards, and criteria which shall be utilized to make periodic areawide 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 areawide health planning organization and the Agency in making its determinations.

(8) Prescribe, in consultation with the recognized areawide health planning organizations, 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 non-substantive in nature.

Such rules shall not abridge the right of areawide health planning organizations 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 by the Agency.

(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.

SB1332 Enrolled -19- LRB093 09788 AMC 10033 b (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.

(Source:

P.A.

88-18;

89-276, eff.

8-10-95.) (20 ILCS 3960/12.2) (Section scheduled to be repealed on July 1, 2003) Sec.

12.2.

Powers of the Agency.

For purposes of this Act, the Agency shall exercise the following powers and duties:

(1) Review applications for permits and exemptions in accordance with the standards, criteria, and plans of need established by the State Board under this Act and certify its finding to the State Board.

_1_____________________o______________________t_____________ _____a______________________s_____________________i_____________ _______n___________________n______________________a_____________ _____m_____________________e______________________i_____________ _____v_____________________t______________________l_____________ _____b______________________t___________________ (2) Charge and collect an amount determined by the State Board to be reasonable fees for the processing of applications by the State Board, the Agency, and the appropriate recognized areawide health planning organization.

The State Board shall set the amounts by rule.

All fees and fines collected under the provisions of this Act shall be deposited into the Illinois Health Facilities Planning Fund to be used for the expenses of administering this Act.

(3) Coordinate with other State agencies having responsibilities affecting health care facilities, including SB1332 Enrolled -20- LRB093 09788 AMC 10033 b those of licensure and cost reporting.

(Source:

P.A.

89-276, eff.

8-10-95;

90-14, eff.

7-1-97.) (20 ILCS 3960/12.3 new) (Section scheduled to be repealed on July 1, 2003) _e_____________________f________________________a___________ _____e_____________________4______________________s_____________ _____e_______________________c____________________,_____________ ______t____________________a______________________T_____________ _____i_______________________s____________________e_____________ ______o____________________a______________________r_____________ _____r_____________________u____________________ ___________________c____________________a_____________ _u_____________________a______________________r______ ___________________c____________________a_____________ _e_____________________ _________________e_______________________b____________ _o_____________________n______________________h_____________ _u_____________________t______________________p_____________ _e____________________ ___________________c____________________r_____________ _c______________________t_____________________a_____________ _e_____________________u______ _________________i_______________________a____________ _r_____________________i_____ (20 ILCS 3960/13) (from Ch.

111 1/2, par.

1163) (Section scheduled to be repealed on July 1, 2003) Sec.

13.

____________n_______________________p____________ _____f_____________________i____ The Agency or the State Board shall make or cause to be made such investigations as it or the State Board deems necessary in connection with an application for a permit or an application for a certificate of recognition, or in connection with a determination of SB1332 Enrolled -21- LRB093 09788 AMC 10033 b whether or not construction or modification which has been commenced is in accord with the permit issued by the State Board or whether construction or modification has been commenced without a permit having been obtained.

The State Board may issue subpoenas duces tecum requiring the production of records and may administer oaths to such witnesses.

Any circuit court of this State, upon the application of the State Board or upon the application of any party to such proceedings, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the State Board, by a proceeding as for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court.

The State Board shall require all health facilities operating in this State to provide such reasonable reports at such times and containing such information as is needed by it to carry out the purposes and provisions of this Act.

_____ _____o_____________________n______________________e_____________ ______s____________________e______________________b_____________ _____o______________________f_____________________c_____________ _____s_____________________n________________________i___________ _____s_____________________n________________________f___________ _____i_____________________n______________________a_____________ _______s___________________h______________________i_____________ _____c_____________________i______________________l_____________ _____s_____________________w______________________i_____________ _______n____________________p_____________________n_____________ _____i____________________ Health facilities not complying with this requirement shall be reported to licensing, accrediting, certifying, or payment agencies as being in violation of State law.

Health care facilities and other parties at interest shall have reasonable access, under rules SB1332 Enrolled -22- LRB093 09788 AMC 10033 b established by the State Board, to all planning information submitted in accord with this Act pertaining to their area.

(Source:

P.A.

89-276, eff.

8-10-95.) (20 ILCS 3960/19.6) (Section scheduled to be repealed on July 1, 2003).

Sec.

19.6.

Repeal.

This Act is repealed on July 1, 2 ____ ----.

(Source:

P.A.

91-782, eff.

6-9-00.) Section 10.

The Hospital Licensing Act is amended by changing Sections 8, 8.5, and 9.3 and adding Sections 9.4 and 9.5 as follows:

_____________t_____________ _____t_____________________t______________________t_____________ ______r____________________u______________________s_____________ _____f______________________D_____________________h_____________ _____l_____________________s______________________o_____________ _____w__ Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an SB1332 Enrolled -23- LRB093 09788 AMC 10033 b individual's position or by a person contracting with the Department who meets those class specifications.

Final approval of the plans and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new ~~SB1332~~ ~~Engrossed~~ ~~-2-~~ ~~LRB093~~ ~~09788~~ ~~AMC~~ ~~10033~~ b construction is begun.

If the Department has not approved or disapproved the drawings and specifications SB1332 Enrolled -24- LRB093 09788 AMC 10033 b within 60 days, the construction, major alteration, or addition shall be deemed approved.

The entity submitting the drawings and specifications may ~~SB1332~~ ~~Engrossed~~ ~~-3-~~ ~~LRB093~~ ~~09788~~ ~~AMC~~ ~~10033~~ b submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval.

aand ~~---~~ (4) the conditions at the facility indicate that there is a reasonable degree of safety provided for the ~~patients;_____~~patients. ~~_________________e______________________f_____________~~ ~~_o_____________________n______________________a_____________~~ ~~_e_____________________e______________________d_____________~~ ~~_a_____________________b______________________i_____________~~ ~~_a_____________________o______________________t_____________~~ ~~_n_____________________o__________________.~~

_c_______________________s____________________i_____________ _____i_____________________d______________________a_____________ _____o_____________________e______________________h_____________ _____a_____________________w______________________e_____________ _____t_____________________t______________________t_____________ SB1332 Enrolled -25- LRB093 09788 AMC 10033 b _____a_____________________o______________________v_____________ _____i______ (d) The Department shall charge the following fees in connection with its reviews conducted before June 30, 2004 under this Section:

~~SB1332~~ ~~Engrossed~~ ~~-4-~~ ~~LRB093~~ ~~09788~~ ~~AMC~~ ~~10033~~ b (2) (Blank).

For the purposes of this subsection (d), (i) "disproportionate share hospital" means a hospital described in items (1) through (5) of subsection (b) of Section 5-5.02 of the Illinois Public Aid Code and (ii) "rural hospital" means a hospital that is (A) located outside a metropolitan SB1332 Enrolled -26- LRB093 09788 AMC 10033 b statistical area or (B) located 15 miles or less from a county that is outside a metropolitan statistical area and is licensed to perform medical/surgical or obstetrical services and has a combined total bed capacity of 75 or fewer beds in these 2 service categories as of July 14, 1993, as determined by the Department.

~~SB1332~~ ~~Engrossed~~ ~~-5-~~ ~~LRB093~~ ~~09788~~ ~~AMC~~ ~~10033~~ b The Department shall not commence the facility plan review process under this Section until the applicable fee has been paid.

_____e_____________________t_______________________a____________ _____t_____________________m____________________ The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule.

Occupancy of new major construction is prohibited until Department approval is SB1332 Enrolled -27- LRB093 09788 AMC 10033 b received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved.

~~SB1332~~ ~~Engrossed~~ ~~-6-~~ ~~LRB093~~ ~~09788~~ ~~AMC~~ ~~10033~~ b (i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.

Waiver ofo_____t____________________ ~~compliance~~-f------------- ~~with~~------r--------------------f----------------------y------------. ~~rules~~ or ~~standards~~ ~~-----c---------------------s-----------.~~

Upon application by a hospital, the Department may grant or renew ~~the~~_ --- waiver of_____t______________________e__________ ~~the~~-- ~~hospital's~~-----o-------------------- ~~compliance~~ with a c--------------o------------ ~~-------------------y-------------~~----- rule or standard, including without limitation rules and standards for (i) design and construction, (ii) engineering and maintenance of the physical plant, site, equipment, and systems (heating, cooling, electrical, ventilation, plumbing, water, sewer, and solid waste disposal), aa--- ~~---~~ (iii) fire and safety, ~~_________________l______________________m_____________~~a__________t_____________ ~~_____e_____________________,______________________n_____________~~_____a_______________________a_____________________d____________ ~~_____a_____________________r__________________~~_____i_____________________i______________________n_____________ SB1332 Enrolled -28- LRB093 09788 AMC 10033 b _____v________________ for a period not to exceed the duration of the current license or, in the case of an application for license renewal, the duration of the renewal period.

In determining whether to grant or renew a waiver, the Department shall consider the duration and basis for any current waiver with respect to the same rule or standard and the validity and effect upon patient health and safety of extending it on the same basis, ~~SB1332~~ ~~Engrossed~~ ~~-7-~~ ~~LRB093~~ ~~09788~~ ~~AMC~~ ~~10033~~ b the effect upon the health and safety of patients, the quality of patient care, the hospital's history of compliance with the rules and standards of this Act, and the hospital's attempts to comply with the particular rule or standard in question.

The Department shall advise hospitals of any applicable federal waivers about which it is aware and for which the SB1332 Enrolled -29- LRB093 09788 AMC 10033 b hospital may apply.

~~SB1332 Engrossed -8- LRB093 09788 AMC 10033 b (Source:~~

~~P.A.~~

~~92-803, eff.~~

~~8-16-02.) (210 ILCS 85/9) (from Ch.~~

~~111 1/2, par.~~

~~150) Sec.~~

~~Inspections and investigations.~~

~~The Department shall make or cause to be made such inspections and investigations as it deems necessary.~~

______r_____________ _____t_______________________i____________________t_____________ _____m_____________________t______________________t_____________ _____e_____________________c_________________________r__________ _____s_____________________e______________________t_____________ _____c_____________________o______________________n_____________ _____n______________________t_____________________s_____________ _____m_____________________d______________________g_____________ _____m_____________________r______________________i_____________ _____t______________________h____________________ Information received by the Department through filed reports, inspection, or as otherwise authorized under this Act shall not be disclosed publicly in such manner as to identify individuals or hospitals, except (i) in a proceeding involving the denial, suspension, or revocation of a permit to establish a hospital or a proceeding involving the denial, suspension, or revocation of a license to open, conduct, operate, and maintain a hospital, (ii) to the Department of Children and Family Services in the course of a child abuse or neglect investigation conducted by that Department or by the Department of Public Health, (iii) in accordance with Section 6.14a of this Act, or (iv) in other circumstances as may be approved by the Hospital Licensing Board.

~~90-608, eff.~~

~~6-30-98;~~

~~91-242, eff.~~

~~1-1-00.) (210 ILCS 85/9.2) Sec.~~

~~9.2.~~

~~Disclosure.~~

Prior to conducting a survey of a hospital operating under an approved waiver, equivalency, or other approval, a surveyor must be made aware of the waiver, SB1332 Engrossed -9- LRB093 09788 AMC 10033 b equivalency, or other approval prior to entering the hospital.

~~Prior to commencing an inspection, the Department must provide the hospital with documentation that the survey is being conducted, with consideration of the relevant waiver, equivalency, or approval.~~

----------d------------- -----y---------------------m----------------------e------------- -----v---------------------h----------------------e------------- -----h---------------------t----------------------i------------- -----n---- (Source:

~~P.A.~~

The Department must offer an opportunity for informal dispute resolution concerning ~~the~~--------------o----------------------s------------- ~~application~~-----i---------------------d---------- of ~~building~~ ~~codes~~ ~~for~~ ~~new~~ ~~and~~ ~~existing~~ ~~construction~~ ~~and~~ ~~o_____~~ ~~-------~~ Department rules and standards before the advisory committee under subsection (b) of Section 2310-560 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.

_________p_____________ ~~_____r_____________________c______________________o_____________~~_____e_____________________i______________________r_____________ ~~_____u_____________________p______________________e_____________~~_____u______________________D_____________________i_____________ ~~_____n_____________________a______________________c_____________~~_____n_____________________l______________________i_____________ _____r_____________________e______________________ (Source:

8-16-02.) (210 ILCS 85/9.4 new) ~~_e_____________________d______________________f_____________~~_e______________________c_____________________t_____________ ~~_____f_____________________g______________________i_____________~~_____t______________________a_____________________o_____________ ~~_____y______________________m_____________________a_____________~~_____o_____________________r______________________n_____________ SB1332 ~~Engrossed~~Enrolled ~~-10-~~-30- LRB093 09788 AMC 10033 b ~~_____t_____________________r_______________________d____________~~_____i______________________a_____________________i_____________ ~~_____o_____________________o______________________e_____________~~________S__________________f______________________f_____________ ~~_____y_____________________y________________________i___________~~_____u_____________________c______________________r_____________ ~~_____t_____________________t______________________v_____________~~_____e_____________________h______________________p_____________ ~~_____o_____________________e______________________l_____________~~_____d_____________________w______________________f_____________ ~~_____r_____________________n______________________r_____________~~_____u_____________________a______________________f_____________ ~~_____i_____________________e______________________s_____________~~______S____________________t______________________h_____________ ~~_____y_____________________h______________________d_____________~~ ~~_____r_____________________o______________________k_____________~~ ~~_____n_____________________h______________________i_____________~~ ~~_____y______________________r_____________________s_____________~~ ~~_____f_____________________g______________________e_____________~~ ~~_____n_____________________t______________________i____~~ ~~(210~~ ~~ILCS~~ ~~85/9.5~~ ~~new)~~ ~~_e______________________c_____________________t_____________~~ ~~_____t_____________________n________________________o___________~~ ~~_____o_____________________r______________________n_____________~~ ~~_____a_____________________,______________________f_____________~~ ~~_______S___________________e______________________i_____________~~ ~~_____u_______________________c____________________a_____________~~ ~~_____e_____________________n_______________________t____________~~ ~~_____i_____________________l________________________i___________~~ ~~_____d_____________________e______________________u_____________~~ ~~_____y______________________i_____________________a_____________~~ ~~_____d______________________w______________________f____________~~ ~~_____u_______________________o____________________i_____________~~ ~~_______S_____________________n____________________t_____________~~ _____m_____________________a______________________i_____________ ~~_____n_____________________i______________________i_____________~~_____o_____________________l______________________t_____________ _____p_____________________u______________________r_____________ ~~_____t_____________________a______________________d_____________~~_____t_____________________c______________________e_____________ _____t_____ ~~SB1332~~ ~~Engrossed~~ ~~-11-~~ ~~LRB093~~ ~~09788~~ ~~AMC~~ ~~10033~~ b (210 ILCS ~~85/9.6~~85/9.5 new) ~~_e_____________________a______________________e_____________~~_e_____________________q______________________h_____________ _____i_____________________p______________________t_____________ ~~_____t_____________________i______________________n_____________~~_____t_____________________n_______________________s____________ ~~_____t_____________________v______________________a_____________~~_____t_____________________n______________________s_____________ ~~_____y______________________i_____________________a_____________~~_____u______________________a_____________________)_____________ ~~______a____________________t______________________e_____________~~______p____________________e______________________s_____________ ~~_____t_____________________t______________________a_____________~~_____a________________________r___________________i_____________ ~~_____s_____________________a______________________s_____________~~_____u_____________________g______________________r_____________ ~~_____a_____________________u______________________s_____________~~______c____________________p______________________a_____________ ~~_____a_____________________c______________________p_____________~~_____s______________________(_____________________p_____________ ~~_____t_____________________s______________________)_____________~~_____A_______________________m____________________t_____________ ~~_____p______________________A_____________________t_____________~~_____t_______________________i____________________p_____________ ~~_____m_____________________c______________________t_____________~~_____t_____________________t________________________p___________ ~~_____c_____________________o______________________i_____________~~_____v_______________ ~~_____o_____________________a____________~~Section 99.

Effective date.

This Act takes effect upon becoming law.

Latest

SB1332 ~~Engrossed~~ LRB093 09788 AMC 10033 b AN ACT concerning ~~hospitals.~~

SB1332 Enrolled LRB093 09788 AMC 10033 b AN ACT concerning health facilities.

The ~~Hospital~~ ~~Licensing~~ Act is amended by changing Sections 8, ~~8.5,~~ 9, ~~9.2,~~ ~~and~~ ~~9.3~~ and ~~adding~~ ~~Sections~~ ~~9.4,~~ ~~9.5,~~ ~~and~~ ~~9.6~~ as follows:

The Illinois Health Facilities Planning Act is amended by changing Sections 3, 4, 5.3, 6, 10, 12, 12.2, 13, and 19.6 and by adding Section 12.3 as follows:

(20 ILCS 3960/3) (from Ch.

111 1/2, par.

1153) (Section scheduled to be repealed on July 1, 2003) Sec.

____________ As used in this Act:

"Health care facilities" means and includes the following facilities and organizations:

An ambulatory surgical treatment center required to be licensed pursuant to the Ambulatory Surgical Treatment Center Act;

An institution, place, building, or agency required to be licensed pursuant to the Hospital Licensing Act;

Skilled and intermediate long term care facilities licensed under the Nursing Home Care Act;

Hospitals, nursing homes, ambulatory surgical treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof;

Kidney disease treatment centers, including a free-standing hemodialysis unit;

and 6.

An institution, place, building, or room used for the performance of outpatient surgical procedures that is leased, owned, or operated by or on behalf of an out-of-state facility.

SB1332 Enrolled -2- LRB093 09788 AMC 10033 b No federally owned facility shall be subject to the provisions of this Act, nor facilities used solely for healing by prayer or spiritual means.

No facility licensed under the Supportive Residences Licensing Act or the Assisted Living and Shared Housing Act shall be subject to the provisions of this Act.

This Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act.

"Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof.

"State Board" means the Health Facilities Planning Board.

"Establish" means the construction of a health care facility or the replacement of an existing facility on another site.

"Capital Expenditure" means an expenditure:

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