Illinois 95th Regular Session Status: Enacted

SB 244 — HLTH FACILITIES-NURSING HOMES

Last action — Public Act . . . . . . . . . 95-0005

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2007. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    0 primary, 1 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 Illinois Health Facilities Planning Act. Provides that changes of ownership of facilities licensed under the Nursing Home Care Act must meet the requirements set forth in the Nursing Home Care Act. Provides that facilities that are licensed under the Nursing Home Care Act are exempt from a provision requiring a permit before discontinuing certain health care facilities or categories of service. Makes technical changes. Effective immediately.

Bill Text

What changed in the latest version

259 added · 349 removed

Plain-language change summary

The recent amendment to SB 244 adds a focus on the “Certificate of Need” (CON) program, recommending that Illinois lawmakers approach potential changes to this program with caution. This change is significant because it reflects a desire to carefully consider the impact of new healthcare facilities on existing providers, particularly those serving vulnerable populations. By highlighting the need for further study and dialogue, the amendment aims to ensure that any adjustments to the healthcare system do not compromise essential services for those in need.

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SB0244 Engrossed LRB095 08444 HLH 28621 b AN ACT concerning State government.
SB0244 Enrolled LRB095 08444 HLH 28621 b AN ACT concerning State government.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
WHEREAS, The 94th General Assembly funded a study by the Lewin Group, "An Evaluation of Illinois’ ’Certificate of Need’ Program", which recommended that "...
the Illinois legislature move forward to continue the ’Certificate-of-Need’ program with an abundance of caution...".
Given the potential for harm to specific critical elements of the health care system, non-traditional arguments for maintaining "Certificate-of-Need" laws deserve consideration, until the evidence on the impact that specialty providers and ambulatory surgery centers may have on safety-net providers and services can be better quantified.
In response to the Lewin analysis and additional concerns regarding health planning in Illinois, the 95th General Assembly enacted Senate Bill 611 (Public Act 95-0001) that extended the "sunset" date of the Illinois Health Facilities Planning Act from April 1, 2007 to May 31, 2007 so that interested parties could agree on a strategy to further extend the "sunset" date, and develop a more comprehensive reform agenda;
therefore Be it enacted by the People of the State of Illinois, represented in the General Assembly:
The Illinois Health Facilities Planning Act is amended by changing Sections 3 and 14.1 as follows:
The Illinois Health Facilities Planning Act is amended by changing Section 19.6 and by adding Sections 12.5 SB0244 Enrolled - 2 - LRB095 08444 HLH 28621 b and 15.5 as follows:
(20 ILCS 3960/3) (from Ch.
(20 ILCS 3960/12.5 new) Sec.
111 1/2, par.
12.5.
1153) (Section scheduled to be repealed on April 1, 2007) Sec.
Update existing bed inventory and associated bed need projections.
3.
While the Task Force on Health Planning Reform will make long-term recommendations related to the method and formula for calculating the bed inventory and associated bed need projections, there is a current need for the bed inventory to be updated prior to the issuance of the recommendations of the Task Force.
Definitions.
Therefore, the State Agency shall immediately update the existing bed inventory and associated bed need projections required by Sections 12 and 12.3 of this Act, using the most recently published historical utilization data, 10-year population projections, and an appropriate migration factor for the medical-surgical and pediatric category of service which shall be no less than 50%.
As used in this Act:
The State Agency shall provide written documentation providing the methodology and rationale used to determine the appropriate migration factor.
"Health care facilities" means and includes the following facilities and organizations:
(20 ILCS 3960/15.5 new) Sec.
1.
15.5.
An ambulatory surgical treatment center required to be licensed pursuant to the Ambulatory Surgical Treatment Center Act;
Task Force on Health Planning Reform.
2.
(a) The Task Force on Health Planning Reform is created.
An institution, place, building, or agency required to be licensed pursuant to the Hospital Licensing Act;
(b) The Task Force shall consist of 19 voting members, as follows:
3.
6 persons, who are not currently employed by a State agency, appointed by the Director of Public Health, 3 of whom SB0244 Enrolled - 3 - LRB095 08444 HLH 28621 b shall be persons with knowledge and experience in the delivery of health care services, including at least one person representing organized health service workers, 2 of whom shall be persons with professional experience in the administration or management of health care facilities, and one of whom shall be a person with experience in health planning;
Skilled and intermediate long term care facilities licensed under the Nursing Home Care Act;
2 members of the Illinois Senate appointed by the President of the Senate, one of whom shall be a co-chair to the Task Force;
3.
2 members of the Illinois Senate appointed by the Senate Minority Leader;
Skilled and intermediate long term care facilities licensed under the Nursing Home Care Act;
2 members of the Illinois House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be a co-chair to the Task Force;
4.
2 members of the Illinois House of Representatives appointed by the House Minority Leader;
Hospitals, nursing homes, ambulatory surgical treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof;
the Attorney General, or his or her designee;
SB0244 Engrossed - 2 - LRB095 08444 HLH 28621 b 5.
and 4 members of the general public, representing health care consumers, appointed by the Attorney General of Illinois.
Kidney disease treatment centers, including a free-standing hemodialysis unit required to be licensed under the End Stage Renal Disease Facility Act;
The following persons, or their designees, shall serve, ex officio, as nonvoting members of the Task Force:
and 6.
the Director of Public Health, the Secretary of the Illinois Health Facilities Planning Board, the Director of Healthcare and Family Services, the Secretary of Human Services, and the Director of the Governor’s Office of Management and Budget.
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.
Members shall serve without compensation, but may be reimbursed for their expenses in relation to duties on the Task Force.
No federally owned facility shall be subject to the provisions of this Act, nor facilities used solely for healing by prayer or spiritual means.
A vote of 12 members appointed to the Task Force is SB0244 Enrolled - 4 - LRB095 08444 HLH 28621 b required with respect to the adoption of recommendations to the Governor and General Assembly and the final report required by this Section.
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.
(c) The Task Force shall gather information and make recommendations relating to at least the following topics in relation to the Illinois Health Facilities Planning Act:
A facility designated as a supportive living facility that is in good standing with the program established under Section 5-5.01a of the Illinois Public Aid Code shall not be subject to the provisions of this Act.
(1) The impact of health planning on the provision of essential and accessible health care services;
This Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act.
prevention of unnecessary duplication of facilities and services;
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.
improvement in the efficiency of the health care system;
This Act does not apply to a dialysis facility that provides only dialysis training, support, and related services to individuals with end stage renal disease who have elected to SB0244 Engrossed - 3 - LRB095 08444 HLH 28621 b receive home dialysis.
maintenance of an environment in the health care system that supports quality care;
This Act does not apply to a dialysis unit located in a licensed nursing home that offers or provides dialysis-related services to residents with end stage renal disease who have elected to receive home dialysis within the nursing home.
the most economic use of available resources;
The Board, however, may require these dialysis facilities and licensed nursing homes to report statistical information on a quarterly basis to the Board to be used by the Board to conduct analyses on the need for proposed kidney disease treatment centers.
and the effect of repealing this Act.
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 Act.
(2) Reform of the Illinois Health Facilities Planning Board to enable it to undertake a more active role in health planning to provide guidance in the development of services to meet the health care needs of Illinois, including identifying and recommending initiatives to meet special needs.
This Act does not apply to any change of ownership of a healthcare facility that is licensed under the Nursing Home Care Act.
(3) Reforms to ensure that health planning under the Illinois Health Facilities Planning Act is coordinated with other health planning laws and activities of the State.
Changes of ownership of facilities licensed under the Nursing Home Care Act must meet the requirements set forth in Sections 3-101 through 3-119 of the Nursing Home Care Act.
(4) Reforms that will enable the Illinois Health Facilities Planning Board to focus most of its project review efforts on "Certificate-of-Need" applications SB0244 Enrolled - 5 - LRB095 08444 HLH 28621 b involving new facilities, discontinuation of services, major expansions, and volume-sensitive services, and to expedite review of other projects to the maximum extent possible.
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 SB0244 Engrossed - 4 - LRB095 08444 HLH 28621 b professional group.
(5) Reforms that will enable the Illinois Health Facilities Planning Board to determine how criteria, standards, and procedures for evaluating project applications involving specialty providers, ambulatory surgical facilities, and other alternative health care models should be amended to give special attention to the impact of those projects on traditional community hospitals to assure the availability and access to essential quality medical care in those communities.
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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 or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional groups.
(6) Implementation of policies and procedures necessary for the Illinois Health Facilities Planning Board to give special consideration to the impact of the projects it reviews on access to "safety net" services.
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.
(7) Changes in policies and procedures to make the Illinois health facilities planning process predictable, transparent, and as efficient as possible;
"Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof.
requiring the State Agency (the Illinois Department of Public Health) and the Illinois Health Facilities Planning Board to provide timely and appropriate explanations of its decisions and establish more effective procedures to enable public review and comment on facts set forth in State Agency staff analyses of project applications prior to the issuance of SB0244 Enrolled - 6 - LRB095 08444 HLH 28621 b final decisions on each project.
"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).
(8) Reforms to ensure that patient access to new and modernized services will not be delayed during a transition period under any proposed system reform;
SB0244 Engrossed - 5 - LRB095 08444 HLH 28621 b "State Board" means the Health Facilities Planning Board.
and that the transition should minimize disruption of the process for current applicants.
"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;
(9) Identification of the resources necessary to support the work of the Agency and the Board.
however, any capital expenditure made by or on behalf of a health care facility for (i) the construction or modification of a facility licensed under the Assisted Living and Shared Housing Act or (ii) a conversion project undertaken in accordance with Section 30 of the Older Adult Services Act shall be excluded from any obligations under this Act.
(d) The Task Force shall recommend reforms regarding the following:
"Establish" means the construction of a health care facility or the replacement of an existing facility on another site.
(1) The size and membership of current Illinois Health Facilities Planning Board.
"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 SB0244 Engrossed - 6 - LRB095 08444 HLH 28621 b 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.
Review and make recommendations on the reorganization of the structure and function of the Illinois Health Facilities Planning Board and the State Agency responsible for health planning (the Illinois Department of Public Health), giving consideration to various options for reassigning the primary responsibility for the review, approval, and denial of project applications between the Board and the State Agency, so that the "Certificate-of-Need" process is administered in the most effective, efficient, and consistent manner possible in accordance with the objectives referenced in subsection (c) of this Section.
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.
(2) Changes in policies and procedures that will charge the Illinois Health Facilities Planning Board with developing a long-range health facilities plan (10 years) SB0244 Enrolled - 7 - LRB095 08444 HLH 28621 b to be updated at least every 2 years, so that it is a rolling 10-year plan based upon data no older than 2 years.
"Capital Expenditure" means an expenditure:
The plan should incorporate an inventory of the State’s health facilities infrastructure including both facilities and services regulated under this Act, as well as facilities and services that are not currently regulated under this Act, as determined by the Board.
(A) made by or on behalf of a health care facility (as such a facility is defined in this Act);
The planning criteria and standards should be adjusted to take into consideration services that are regulated under the Act, but are also offered by non-regulated providers.
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;
The Illinois Department of Public Health bed inventory should be updated each year using the most recent utilization data for both hospitals and long-term care facilities including 2003, 2004, 2005 and subsequent-year inpatient discharges and days.
and which exceeds the capital expenditure minimum.
This revised bed supply should be used as the bed supply input for all Planning Area bed-need calculations.
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 exceeds the capital expenditures minimum.
Ten-year population projection data should be incorporated into the plan.
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 SB0244 Engrossed - 7 - LRB095 08444 HLH 28621 b 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.
Plan updates may include redrawing planning area boundaries to reflect population changes.
"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;
The Task Force shall consider whether the inventory formula should use migration factors for the medical/surgical, pediatrics, obstetrics, and other categories of service, and if so, what those migration factors should be.
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.
The Board should hold public hearings on the plan and its updates.
"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.
There should be a mechanism for the public to request that the plan be updated more frequently to address SB0244 Enrolled - 8 - LRB095 08444 HLH 28621 b emerging population and demographic trends.
"Non-clinical service areas" include, but are not limited to, chapels;
In developing the plan, the Board should consider health plans and other related publications that have been developed both in Illinois and nationally.
gift shops;
In developing the plan, the need to ensure access to care, especially for "safety net" services, including rural and medically underserved communities, should be included.
news stands;
(3) Changes in regulations that establish separate criteria, standards, and procedures when necessary to adjust for structural, functional, and operational differences between long-term care facilities and acute care facilities and that allow routine changes of ownership, facility sales, and closure requests to be processed on a timely basis.
computer systems;
Consider rules to allow flexibility for facilities to modernize, expand, or convert to alternative uses that are in accord with health planning standards.
tunnels, walkways, and elevators;
(4) Changes in policies and procedures so that the Illinois Health Facilities Planning Board updates the standards and criteria on a regular basis and proposes new standards to keep pace with the evolving health care delivery system.
telephone systems;
Proton Therapy and Treatment is an example of a new, cutting-edge procedure that may require the Board to immediately develop criteria, standards, and procedures for that type of facility.
projects to comply with life safety codes;
Temporary advisory committees may be appointed to assist in the development of revisions SB0244 Enrolled - 9 - LRB095 08444 HLH 28621 b to the Board’s standards and criteria, including experts with professional competence in the subject matter of the proposed standards or criteria that are to be developed.
educational facilities;
(5) Changes in policies and procedures to expedite project approval, particularly for less complex projects, including standards for determining whether a project is in "substantial compliance" with the Board’s review standards.
student housing;
The review standards must include a requirement for applicants to include a "Safety Net" Impact Statement.
patient, employee, staff, and visitor dining areas;
This Statement shall describe the project’s impact on safety net services in the community.
administration and volunteer offices;
The State Agency Report shall include an assessment of the Statement.
modernization of structural components (such as roof replacement and masonry work);
(6) Changes to enforcement processes and compliance standards to ensure they are fair and consistent with the severity of the violation.
boiler repair or replacement;
(7) Revisions in policies and procedures to prevent conflicts of interest by members of the Illinois Health Facilities Planning Board and State Agency staff, including increasing the penalties for violations.
vehicle maintenance and SB0244 Engrossed - 8 - LRB095 08444 HLH 28621 b storage facilities;
(8) Other changes determined necessary to improve the administration of this Act.
parking facilities;
(e) The State Agency, at the direction of the Task Force, may hire any necessary staff or consultants, enter into contracts, and make any expenditures necessary for carrying out the duties of the Task Force, all out of moneys appropriated for that purpose.
mechanical systems for heating, ventilation, and air conditioning;
Staff support services shall be provided to SB0244 Enrolled - 10 - LRB095 08444 HLH 28621 b the Task Force by the State Agency from such appropriations.
loading docks;
(f) The Task Force may establish any advisory committee to ensure maximum public participation in the Task Force’s planning, organization, and implementation review process.
and repair or replacement of carpeting, tile, wall coverings, window coverings or treatments, or furniture.
If established, advisory committees shall (i) advise and assist the Task Force in its duties and (ii) help the Task Force to identify issues of public concern.
Solely for the purpose of this definition, "non-clinical service area" does not include health and fitness centers.
(g) The Task Force shall submit findings and recommendations to the Governor and the General Assembly by March 1, 2008, including any necessary implementing legislation, and recommendations for changes to policies, rules, or procedures that are not incorporated in the implementing legislation.
"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.
(h) The Task Force is abolished on August 1, 2008.
The term "region", as contrasted with the term "subregion", and the word "area" may be used synonymously with the term "areawide".
(20 ILCS 3960/19.6) (Section scheduled to be repealed on May 31, 2007) Sec.
"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.
19.6.
The term "subregion" may be used synonymously with the term "local".
Repeal.
"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.
This Act is repealed on August 31, 2008 May 31, 2007.
"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.
SB0244 Engrossed - 9 - LRB095 08444 HLH 28621 b "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 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 SB0244 Engrossed - 10 - LRB095 08444 HLH 28621 b 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.
"Change of ownership of a health care facility" means a change in the person who has ownership or control of a health care facility’s physical plant and capital assets.
A change in ownership is indicated by the following transactions:
sale, transfer, acquisition, lease, change of sponsorship, or other means of transferring control.
"Related person" means any person that:
(i) is at least 50% owned, directly or indirectly, by either the health care facility or a person owning, directly or indirectly, at least 50% of the health care facility;
or (ii) owns, directly or indirectly, at least 50% of the health care facility.
"Charity care" means care provided by a health care facility for which the provider does not expect to receive payment from the patient or a third-party payer.
93-41, eff.
94-983, eff.
6-27-03;
6-30-06;
93-766, eff.
95-1, eff.
7-20-04;
3-30-07.) Section 99.
93-935, eff.
1-1-05;
93-1031, eff.
8-27-04;
94-342, eff.
7-26-05;
revised 8-21-06.) (20 ILCS 3960/14.1) (Section scheduled to be repealed on April 1, 2007) SB0244 Engrossed - 11 - LRB095 08444 HLH 28621 b 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:
(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 Nursing Home 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 Nursing Home Care Act.
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the SB0244 Engrossed - 12 - LRB095 08444 HLH 28621 b 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.
(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.
SB0244 Engrossed - 13 - LRB095 08444 HLH 28621 b (5) A person who discontinues a health care facility or 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 are exempt from this permit requirement.
However, facilities licensed under the Nursing Home Care Act must comply with Section 3-423 of that Act (210 ILCS 45/3-423) 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 to the State Treasurer, who shall deposit them into the Illinois Health Facilities Planning Fund.
SB0244 Engrossed - 14 - LRB095 08444 HLH 28621 b (Source:
P.A.
88-18.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 95-0005

  2. Effective Date May 31, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 4 Senate Concurs 059-000-000

  7. House Committee Amendment No. 1 Senate Concurs 059-000-000

  8. House Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Human Services; 010-000-000

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Human Services; 010-000-000

  10. House Floor Amendment No. 4 Motion to Concur Rules Referred to Human Services

  11. House Committee Amendment No. 1 Motion to Concur Rules Referred to Human Services

  12. House Floor Amendment No. 4 Motion to Concur Referred to Rules

  13. House Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Susan Garrett

  14. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  15. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Susan Garrett

  16. Placed on Calendar Order of Concurrence House Amendment(s) 01,04 - May 29, 2007

  17. Secretary's Desk - Concurrence House Amendment(s) 01,04

  18. Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock

  19. Third Reading - Short Debate - Passed 105-009-000

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. House Floor Amendment No. 4 Adopted by Voice Vote

  22. Second Reading - Short Debate

  23. House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000

  24. House Floor Amendment No. 4 Referred to Rules Committee

  25. House Floor Amendment No. 4 Filed with Clerk by Rep. Lisa M. Dugan

  26. Added as Co-Sponsor Sen. Bill Brady

  27. Added as Co-Sponsor Sen. Linda Holmes

  28. Added Alternate Chief Co-Sponsor Rep. Tom Cross

  29. House Floor Amendment No. 3 Referred to Rules Committee

  30. House Floor Amendment No. 3 Filed with Clerk by Rep. Lisa M. Dugan

  31. House Floor Amendment No. 2 Referred to Rules Committee

  32. House Floor Amendment No. 2 Filed with Clerk by Rep. Tom Cross

  33. Added Alternate Chief Co-Sponsor Rep. Elizabeth Coulson

  34. Added as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg

  35. Chief Sponsor Changed to Sen. Susan Garrett

  36. Placed on Calendar 2nd Reading - Short Debate

  37. Do Pass as Amended / Short Debate Human Services Committee; 008-000-000

  38. House Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote

  39. House Committee Amendment No. 1 Filed with Clerk by Human Services Committee

  40. Added Alternate Chief Co-Sponsor Rep. Lou Lang

  41. Alternate Chief Sponsor Changed to Rep. Lisa M. Dugan

  42. Assigned to Human Services Committee

  43. Added as Co-Sponsor Sen. Donne E. Trotter

  44. Referred to Rules Committee

  45. First Reading

  46. Chief House Sponsor Rep. Lou Lang

  47. Placed on Calendar Order of First Reading

  48. Arrived in House

  49. Third Reading - Passed; 054-000-000

  50. Added as Co-Sponsor Sen. Mike Jacobs

  51. Added as Chief Co-Sponsor Sen. A. J. Wilhelmi

  52. Added as Co-Sponsor Sen. Antonio Munoz

  53. Added as Chief Co-Sponsor Sen. Dale A. Righter

  54. Added as Chief Co-Sponsor Sen. Christine Radogno

  55. Added as Co-Sponsor Sen. Rickey R. Hendon

  56. Added as Co-Sponsor Sen. Pamela J. Althoff

  57. Placed on Calendar Order of 3rd Reading March 14, 2007

  58. Second Reading

  59. Placed on Calendar Order of 2nd Reading March 13, 2007

  60. Do Pass as Amended Human Services; 009-000-000

  61. Senate Committee Amendment No. 1 Adopted

  62. Senate Committee Amendment No. 1 Rules Refers to Human Services

  63. Senate Committee Amendment No. 1 Referred to Rules

  64. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein

  65. Sponsor Removed Sen. Susan Garrett

  66. Assigned to Human Services

  67. Added as Chief Co-Sponsor Sen. Susan Garrett

  68. Referred to Rules

  69. First Reading

  70. Filed with Secretary by Sen. Ira I. Silverstein

Sponsors

  • Susan Garrett · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 3 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Susan Garrett

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Peterson — Yea
Brady — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Sullivan — Yea
Munoz — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Demuzio — Yea
Kotowski — Yea
Lauzen — Yea
Dillard — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
DeLeo — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence, Amendment 4

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hendon — Yea
Noland — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Pankau — Yea
Brady — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Sieben — Yea
Sullivan — Yea
Munoz — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Cullerton — Yea
Jacobs — Yea
Wilhelmi — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hultgren — Yea
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 105 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 94704
Republican 3100
Democrat 8100
Total 105904
% of votes cast 89%8%0%3%
How each member voted (118)
Member Party Vote
Hassert — Yea
Myers — Yea
Holbrook — Yea
Jakobsson — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Dugan — Yea
Dunkin — Yea
Lindner — Yea
Reitz — Yea
May — Yea
McAuliffe — Yea
Lyons — Yea
McCarthy — Yea
Mendoza — Yea
Moffitt — Yea
Mulligan — Yea
Munson — Yea
Nekritz — Yea
Riley — Yea
Schock — Yea
Tryon — Yea
Turner — Yea
McGuire — Yea
Verschoore — Yea
Wait — Yea
Bradley, John — Yea
Washington — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Durkin — Yea
Eddy — Yea
Watson — Yea
Howard — Yea
Madigan — Yea
Davis, Monique — Yea
Meyer — Nay
Pihos — Yea
Soto — Not Voting
Winters — Yea
Yarbrough — Yea
Younge — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunn — Not Voting
Franks — Nay
Graham — Not Voting
Kosel — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Granberg — Yea
Hamos — Yea
Osmond — Yea
Osterman — Yea
Patterson — Not Voting
Phelps — Yea
Poe — Yea
Pritchard — Nay
Ramey — Nay
Reboletti — Nay
Reis — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Scully — Yea
Sommer — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Mathias — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Nay
Brosnahan — Yea
Molaro — Yea
Chapa LaVia — Nay
Fred Crespo Democrat Nay
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 6003
Republican 1000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Hultgren — Not Voting
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Brady — Yea
Noland — Yea
Pankau — Yea
Peterson — Not Voting
Schoenberg — Yea
Sullivan — Yea
Munoz — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Cullerton — Yea
Jacobs — Yea
Viverito — Yea
Watson — Yea
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 244 do?
Amends the Illinois Health Facilities Planning Act. Provides that changes of ownership of facilities licensed under the Nursing Home Care Act must meet the requirements set forth in the Nursing Home Care Act. Provides that facilities that are licensed under the Nursing Home Care Act are exempt from a provision requiring a permit before discontinuing certain health care facilities or categories of service. Makes technical changes. Effective immediately.
Who sponsors SB 244?
SB 244 is sponsored by Susan Garrett.
What is the current status of SB 244?
This bill has been enacted into law. Introduced February 07, 2007. Enacted.
Where can I track SB 244?
Track SB 244 free on One Click Politics — get push/email alerts when it moves.

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