Illinois 2023-2024 Regular Session

Illinois House Bill HB3813 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3813 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 20 ILCS 3960/6 from Ch. 111 1/2, par. 1156 20 ILCS 3960/8.520 ILCS 3960/12 from Ch. 111 1/2, par. 1162 20 ILCS 3960/12.2 20 ILCS 3960/8.7 rep. Amends the Illinois Health Facilities Planning Act. Restores the provisions that were amended by Public Act 101-83 to the form in which they existed before their amendment by Public Act 101-83. Effective immediately. LRB103 05823 DTM 50843 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3813 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 20 ILCS 3960/6 from Ch. 111 1/2, par. 1156 20 ILCS 3960/8.520 ILCS 3960/12 from Ch. 111 1/2, par. 1162 20 ILCS 3960/12.2 20 ILCS 3960/8.7 rep. 20 ILCS 3960/6 from Ch. 111 1/2, par. 1156 20 ILCS 3960/8.5 20 ILCS 3960/12 from Ch. 111 1/2, par. 1162 20 ILCS 3960/12.2 20 ILCS 3960/8.7 rep. Amends the Illinois Health Facilities Planning Act. Restores the provisions that were amended by Public Act 101-83 to the form in which they existed before their amendment by Public Act 101-83. Effective immediately. LRB103 05823 DTM 50843 b LRB103 05823 DTM 50843 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3813 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 3960/6 from Ch. 111 1/2, par. 1156 20 ILCS 3960/8.520 ILCS 3960/12 from Ch. 111 1/2, par. 1162 20 ILCS 3960/12.2 20 ILCS 3960/8.7 rep. 20 ILCS 3960/6 from Ch. 111 1/2, par. 1156 20 ILCS 3960/8.5 20 ILCS 3960/12 from Ch. 111 1/2, par. 1162 20 ILCS 3960/12.2 20 ILCS 3960/8.7 rep.
4	4	20 ILCS 3960/6 from Ch. 111 1/2, par. 1156
5	5	20 ILCS 3960/8.5
6	6	20 ILCS 3960/12 from Ch. 111 1/2, par. 1162
7	7	20 ILCS 3960/12.2
8	8	20 ILCS 3960/8.7 rep.
9	9	Amends the Illinois Health Facilities Planning Act. Restores the provisions that were amended by Public Act 101-83 to the form in which they existed before their amendment by Public Act 101-83. Effective immediately.
10	10	LRB103 05823 DTM 50843 b LRB103 05823 DTM 50843 b
11	11	LRB103 05823 DTM 50843 b
12	12	A BILL FOR
13	13	HB3813LRB103 05823 DTM 50843 b HB3813 LRB103 05823 DTM 50843 b
14	14	HB3813 LRB103 05823 DTM 50843 b
15	15	1 AN ACT concerning State government.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Illinois Health Facilities Planning Act is
19	19	5 amended by changing Sections 6, 8.5, 12, and 12.2 as follows:
20	20	6 (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
21	21	7 (Section scheduled to be repealed on December 31, 2029)
22	22	8 Sec. 6. Application for permit or exemption; exemption
23	23	9 regulations.
24	24	10 (a) An application for a permit or exemption shall be made
25	25	11 to the State Board upon forms provided by the State Board. This
26	26	12 application shall contain such information as the State Board
27	27	13 deems necessary. The State Board shall not require an
28	28	14 applicant to file a Letter of Intent before an application is
29	29	15 filed. Such application shall include affirmative evidence on
30	30	16 which the State Board or Chairman may make its decision on the
31	31	17 approval or denial of the permit or exemption.
32	32	18 (b) The State Board shall establish by regulation the
33	33	19 procedures and requirements regarding issuance of exemptions.
34	34	20 An exemption shall be approved when information required by
35	35	21 the Board by rule is submitted. Projects eligible for an
36	36	22 exemption, rather than a permit, include, but are not limited
37	37	23 to, change of ownership of a health care facility,
38	38
39	39
40	40
41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3813 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
42	42	20 ILCS 3960/6 from Ch. 111 1/2, par. 1156 20 ILCS 3960/8.520 ILCS 3960/12 from Ch. 111 1/2, par. 1162 20 ILCS 3960/12.2 20 ILCS 3960/8.7 rep. 20 ILCS 3960/6 from Ch. 111 1/2, par. 1156 20 ILCS 3960/8.5 20 ILCS 3960/12 from Ch. 111 1/2, par. 1162 20 ILCS 3960/12.2 20 ILCS 3960/8.7 rep.
43	43	20 ILCS 3960/6 from Ch. 111 1/2, par. 1156
44	44	20 ILCS 3960/8.5
45	45	20 ILCS 3960/12 from Ch. 111 1/2, par. 1162
46	46	20 ILCS 3960/12.2
47	47	20 ILCS 3960/8.7 rep.
48	48	Amends the Illinois Health Facilities Planning Act. Restores the provisions that were amended by Public Act 101-83 to the form in which they existed before their amendment by Public Act 101-83. Effective immediately.
49	49	LRB103 05823 DTM 50843 b LRB103 05823 DTM 50843 b
50	50	LRB103 05823 DTM 50843 b
51	51	A BILL FOR
52	52
53	53
54	54
55	55
56	56
57	57	20 ILCS 3960/6 from Ch. 111 1/2, par. 1156
58	58	20 ILCS 3960/8.5
59	59	20 ILCS 3960/12 from Ch. 111 1/2, par. 1162
60	60	20 ILCS 3960/12.2
61	61	20 ILCS 3960/8.7 rep.
62	62
63	63
64	64
65	65	LRB103 05823 DTM 50843 b
66	66
67	67
68	68
69	69
70	70
71	71
72	72
73	73
74	74
75	75	HB3813 LRB103 05823 DTM 50843 b
76	76
77	77
78	78	HB3813- 2 -LRB103 05823 DTM 50843 b HB3813 - 2 - LRB103 05823 DTM 50843 b
79	79	HB3813 - 2 - LRB103 05823 DTM 50843 b
80	80	1 discontinuation of a category of service, and discontinuation
81	81	2 of a health care facility and discontinuation of a category of
82	82	3 service, other than a health care facility maintained by the
83	83	4 State or any agency or department thereof or a nursing home
84	84	5 maintained by a county. The Board may accept an application
85	85	6 for an exemption for the discontinuation of a category of
86	86	7 service at a health care facility only once in a 6-month period
87	87	8 following (1) the previous application for exemption at the
88	88	9 same health care facility or (2) the final decision of the
89	89	10 Board regarding the discontinuation of a category of service
90	90	11 at the same health care facility, whichever occurs later. A
91	91	12 discontinuation of a category of service shall otherwise
92	92	13 require an application for a permit if an application for an
93	93	14 exemption has already been accepted within the 6-month period.
94	94	15 For a change of ownership among related persons of a health
95	95	16 care facility, the State Board shall provide by rule for an
96	96	17 expedited process for obtaining an exemption in accordance
97	97	18 with Section 8.5 of this Act. For the purposes of this Section,
98	98	19 "change of ownership among related persons" means a
99	99	20 transaction in which the parties to the transaction are under
100	100	21 common control or ownership before and after the transaction
101	101	22 is complete.
102	102	23 (c) All applications shall be signed by the applicant and
103	103	24 shall be verified by any 2 officers thereof.
104	104	25 (c-5) Any written review or findings of the Board staff
105	105	26 set forth in the State Board Staff Report concerning an
106	106
107	107
108	108
109	109
110	110
111	111	HB3813 - 2 - LRB103 05823 DTM 50843 b
112	112
113	113
114	114	HB3813- 3 -LRB103 05823 DTM 50843 b HB3813 - 3 - LRB103 05823 DTM 50843 b
115	115	HB3813 - 3 - LRB103 05823 DTM 50843 b
116	116	1 application for a permit must be made available to the public
117	117	2 and the applicant at least 14 calendar days before the meeting
118	118	3 of the State Board at which the review or findings are
119	119	4 considered. The applicant and members of the public may
120	120	5 submit, to the State Board, written responses regarding the
121	121	6 facts set forth in the review or findings of the Board staff.
122	122	7 Members of the public and the applicant shall have until 10
123	123	8 days before the meeting of the State Board to submit any
124	124	9 written response concerning the Board staff's written review
125	125	10 or findings. The Board staff may revise any findings to
126	126	11 address corrections of factual errors cited in the public
127	127	12 response. At the meeting, the State Board may, in its
128	128	13 discretion, permit the submission of other additional written
129	129	14 materials.
130	130	15 (d) Upon receipt of an application for a permit, the State
131	131	16 Board shall approve and authorize the issuance of a permit if
132	132	17 it finds (1) that the applicant is fit, willing, and able to
133	133	18 provide a proper standard of health care service for the
134	134	19 community with particular regard to the qualification,
135	135	20 background and character of the applicant, (2) that economic
136	136	21 feasibility is demonstrated in terms of effect on the existing
137	137	22 and projected operating budget of the applicant and of the
138	138	23 health care facility; in terms of the applicant's ability to
139	139	24 establish and operate such facility in accordance with
140	140	25 licensure regulations promulgated under pertinent state laws;
141	141	26 and in terms of the projected impact on the total health care
142	142
143	143
144	144
145	145
146	146
147	147	HB3813 - 3 - LRB103 05823 DTM 50843 b
148	148
149	149
150	150	HB3813- 4 -LRB103 05823 DTM 50843 b HB3813 - 4 - LRB103 05823 DTM 50843 b
151	151	HB3813 - 4 - LRB103 05823 DTM 50843 b
152	152	1 expenditures in the facility and community, (3) that
153	153	2 safeguards are provided that assure that the establishment,
154	154	3 construction or modification of the health care facility or
155	155	4 acquisition of major medical equipment is consistent with the
156	156	5 public interest, and (4) that the proposed project is
157	157	6 consistent with the orderly and economic development of such
158	158	7 facilities and equipment and is in accord with standards,
159	159	8 criteria, or plans of need adopted and approved pursuant to
160	160	9 the provisions of Section 12 of this Act.
161	161	10 (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18;
162	162	11 101-83, eff. 7-15-19.)
163	163	12 (20 ILCS 3960/8.5)
164	164	13 (Section scheduled to be repealed on December 31, 2029)
165	165	14 Sec. 8.5. Certificate of exemption for change of ownership
166	166	15 of a health care facility; discontinuation of a health care
167	167	16 facility or category of service; public notice and public
168	168	17 hearing.
169	169	18 (a) Upon a finding that an application for a change of
170	170	19 ownership is complete, the State Board shall publish a legal
171	171	20 notice on 3 consecutive days one day in a newspaper of general
172	172	21 circulation in the area or community to be affected and afford
173	173	22 the public an opportunity to request a hearing. If the
174	174	23 application is for a facility located in a Metropolitan
175	175	24 Statistical Area, an additional legal notice shall be
176	176	25 published in a newspaper of limited circulation, if one
177	177
178	178
179	179
180	180
181	181
182	182	HB3813 - 4 - LRB103 05823 DTM 50843 b
183	183
184	184
185	185	HB3813- 5 -LRB103 05823 DTM 50843 b HB3813 - 5 - LRB103 05823 DTM 50843 b
186	186	HB3813 - 5 - LRB103 05823 DTM 50843 b
187	187	1 exists, in the area in which the facility is located. If the
188	188	2 newspaper of limited circulation is published on a daily
189	189	3 basis, the additional legal notice shall be published on 3
190	190	4 consecutive days one day. The applicant shall pay the cost
191	191	5 incurred by the Board in publishing the change of ownership
192	192	6 notice in newspapers as required under this subsection. The
193	193	7 legal notice shall also be posted on the Health Facilities and
194	194	8 Services Review Board's web site and sent to the State
195	195	9 Representative and State Senator of the district in which the
196	196	10 health care facility is located. An application for change of
197	197	11 ownership of a hospital shall not be deemed complete without a
198	198	12 signed certification that for a period of 2 years after the
199	199	13 change of ownership transaction is effective, the hospital
200	200	14 will not adopt a charity care policy that is more restrictive
201	201	15 than the policy in effect during the year prior to the
202	202	16 transaction. An application for a change of ownership need not
203	203	17 contain signed transaction documents so long as it includes
204	204	18 the following key terms of the transaction: names and
205	205	19 background of the parties; structure of the transaction; the
206	206	20 person who will be the licensed or certified entity after the
207	207	21 transaction; the ownership or membership interests in such
208	208	22 licensed or certified entity both prior to and after the
209	209	23 transaction; fair market value of assets to be transferred;
210	210	24 and the purchase price or other form of consideration to be
211	211	25 provided for those assets. The issuance of the certificate of
212	212	26 exemption shall be contingent upon the applicant submitting a
213	213
214	214
215	215
216	216
217	217
218	218	HB3813 - 5 - LRB103 05823 DTM 50843 b
219	219
220	220
221	221	HB3813- 6 -LRB103 05823 DTM 50843 b HB3813 - 6 - LRB103 05823 DTM 50843 b
222	222	HB3813 - 6 - LRB103 05823 DTM 50843 b
223	223	1 statement to the Board within 90 days after the closing date of
224	224	2 the transaction, or such longer period as provided by the
225	225	3 Board, certifying that the change of ownership has been
226	226	4 completed in accordance with the key terms contained in the
227	227	5 application. If such key terms of the transaction change, a
228	228	6 new application shall be required.
229	229	7 Where a change of ownership is among related persons, and
230	230	8 there are no other changes being proposed at the health care
231	231	9 facility that would otherwise require a permit or exemption
232	232	10 under this Act, the applicant shall submit an application
233	233	11 consisting of a standard notice in a form set forth by the
234	234	12 Board briefly explaining the reasons for the proposed change
235	235	13 of ownership. Once such an application is submitted to the
236	236	14 Board and reviewed by the Board staff, the Board Chair shall
237	237	15 take action on an application for an exemption for a change of
238	238	16 ownership among related persons within 45 days after the
239	239	17 application has been deemed complete, provided the application
240	240	18 meets the applicable standards under this Section. If the
241	241	19 Board Chair has a conflict of interest or for other good cause,
242	242	20 the Chair may request review by the Board. Notwithstanding any
243	243	21 other provision of this Act, for purposes of this Section, a
244	244	22 change of ownership among related persons means a transaction
245	245	23 where the parties to the transaction are under common control
246	246	24 or ownership before and after the transaction is completed.
247	247	25 Nothing in this Act shall be construed as authorizing the
248	248	26 Board to impose any conditions, obligations, or limitations,
249	249
250	250
251	251
252	252
253	253
254	254	HB3813 - 6 - LRB103 05823 DTM 50843 b
255	255
256	256
257	257	HB3813- 7 -LRB103 05823 DTM 50843 b HB3813 - 7 - LRB103 05823 DTM 50843 b
258	258	HB3813 - 7 - LRB103 05823 DTM 50843 b
259	259	1 other than those required by this Section, with respect to the
260	260	2 issuance of an exemption for a change of ownership, including,
261	261	3 but not limited to, the time period before which a subsequent
262	262	4 change of ownership of the health care facility could be
263	263	5 sought, or the commitment to continue to offer for a specified
264	264	6 time period any services currently offered by the health care
265	265	7 facility.
266	266	8 (a-3) (Blank). Upon a finding that an application to close
267	267	9 a health care facility is complete, the State Board shall
268	268	10 publish a legal notice on 3 consecutive days in a newspaper of
269	269	11 general circulation in the area or community to be affected
270	270	12 and afford the public an opportunity to request a hearing. If
271	271	13 the application is for a facility located in a Metropolitan
272	272	14 Statistical Area, an additional legal notice shall be
273	273	15 published in a newspaper of limited circulation, if one
274	274	16 exists, in the area in which the facility is located. If the
275	275	17 newspaper of limited circulation is published on a daily
276	276	18 basis, the additional legal notice shall be published on 3
277	277	19 consecutive days. The legal notice shall also be posted on the
278	278	20 Health Facilities and Services Review Board's web site and
279	279	21 sent to the State Representative and State Senator of the
280	280	22 district in which the health care facility is located. In
281	281	23 addition, the health care facility shall provide notice of
282	282	24 closure to the local media that the health care facility would
283	283	25 routinely notify about facility events. No later than 90 days
284	284	26 after a discontinuation of a health facility, the applicant
285	285
286	286
287	287
288	288
289	289
290	290	HB3813 - 7 - LRB103 05823 DTM 50843 b
291	291
292	292
293	293	HB3813- 8 -LRB103 05823 DTM 50843 b HB3813 - 8 - LRB103 05823 DTM 50843 b
294	294	HB3813 - 8 - LRB103 05823 DTM 50843 b
295	295	1 must submit a statement to the State Board certifying that the
296	296	2 discontinuation is complete.
297	297	3 (a-5) Upon a finding that an application to discontinue a
298	298	4 category of service is complete and provides the requested
299	299	5 information, as specified by the State Board, an exemption
300	300	6 shall be issued. No later than 30 days after the issuance of
301	301	7 the exemption, the health care facility must give written
302	302	8 notice of the discontinuation of the category of service to
303	303	9 the State Senator and State Representative serving the
304	304	10 legislative district in which the health care facility is
305	305	11 located. No later than 90 days after a discontinuation of a
306	306	12 category of service, the applicant must submit a statement to
307	307	13 the State Board certifying that the discontinuation is
308	308	14 complete.
309	309	15 (b) If a public hearing is requested, it shall be held at
310	310	16 least 15 days but no more than 30 days after the date of
311	311	17 publication of the legal notice in the community in which the
312	312	18 facility is located. The hearing shall be held in the affected
313	313	19 area or community in a place of reasonable size and
314	314	20 accessibility and a full and complete written transcript of
315	315	21 the proceedings shall be made. All interested persons
316	316	22 attending the hearing shall be given a reasonable opportunity
317	317	23 to present their positions in writing or orally. The applicant
318	318	24 shall provide a summary or describe the proposed change of
319	319	25 ownership of the proposal for distribution at the public
320	320	26 hearing.
321	321
322	322
323	323
324	324
325	325
326	326	HB3813 - 8 - LRB103 05823 DTM 50843 b
327	327
328	328
329	329	HB3813- 9 -LRB103 05823 DTM 50843 b HB3813 - 9 - LRB103 05823 DTM 50843 b
330	330	HB3813 - 9 - LRB103 05823 DTM 50843 b
331	331	1 (c) For the purposes of this Section "newspaper of limited
332	332	2 circulation" means a newspaper intended to serve a particular
333	333	3 or defined population of a specific geographic area within a
334	334	4 Metropolitan Statistical Area such as a municipality, town,
335	335	5 village, township, or community area, but does not include
336	336	6 publications of professional and trade associations.
337	337	7 (d) The changes made to this Section by this amendatory
338	338	8 Act of the 101st General Assembly shall apply to all
339	339	9 applications submitted after the effective date of this
340	340	10 amendatory Act of the 101st General Assembly.
341	341	11 (Source: P.A. 100-201, eff. 8-18-17; 101-83, eff. 7-15-19.)
342	342	12 (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
343	343	13 (Section scheduled to be repealed on December 31, 2029)
344	344	14 Sec. 12. Powers and duties of State Board. For purposes of
345	345	15 this Act, the State Board shall exercise the following powers
346	346	16 and duties:
347	347	17 (1) Prescribe rules, regulations, standards, criteria,
348	348	18 procedures or reviews which may vary according to the purpose
349	349	19 for which a particular review is being conducted or the type of
350	350	20 project reviewed and which are required to carry out the
351	351	21 provisions and purposes of this Act. Policies and procedures
352	352	22 of the State Board shall take into consideration the
353	353	23 priorities and needs of medically underserved areas and other
354	354	24 health care services, giving special consideration to the
355	355	25 impact of projects on access to safety net services.
356	356
357	357
358	358
359	359
360	360
361	361	HB3813 - 9 - LRB103 05823 DTM 50843 b
362	362
363	363
364	364	HB3813- 10 -LRB103 05823 DTM 50843 b HB3813 - 10 - LRB103 05823 DTM 50843 b
365	365	HB3813 - 10 - LRB103 05823 DTM 50843 b
366	366	1 (2) Adopt procedures for public notice and hearing on all
367	367	2 proposed rules, regulations, standards, criteria, and plans
368	368	3 required to carry out the provisions of this Act.
369	369	4 (3) (Blank).
370	370	5 (4) Develop criteria and standards for health care
371	371	6 facilities planning, conduct statewide inventories of health
372	372	7 care facilities, maintain an updated inventory on the Board's
373	373	8 web site reflecting the most recent bed and service changes
374	374	9 and updated need determinations when new census data become
375	375	10 available or new need formulae are adopted, and develop health
376	376	11 care facility plans which shall be utilized in the review of
377	377	12 applications for permit under this Act. Such health facility
378	378	13 plans shall be coordinated by the Board with pertinent State
379	379	14 Plans. Inventories pursuant to this Section of skilled or
380	380	15 intermediate care facilities licensed under the Nursing Home
381	381	16 Care Act, skilled or intermediate care facilities licensed
382	382	17 under the ID/DD Community Care Act, skilled or intermediate
383	383	18 care facilities licensed under the MC/DD Act, facilities
384	384	19 licensed under the Specialized Mental Health Rehabilitation
385	385	20 Act of 2013, or nursing homes licensed under the Hospital
386	386	21 Licensing Act shall be conducted on an annual basis no later
387	387	22 than July 1 of each year and shall include among the
388	388	23 information requested a list of all services provided by a
389	389	24 facility to its residents and to the community at large and
390	390	25 differentiate between active and inactive beds.
391	391	26 In developing health care facility plans, the State Board
392	392
393	393
394	394
395	395
396	396
397	397	HB3813 - 10 - LRB103 05823 DTM 50843 b
398	398
399	399
400	400	HB3813- 11 -LRB103 05823 DTM 50843 b HB3813 - 11 - LRB103 05823 DTM 50843 b
401	401	HB3813 - 11 - LRB103 05823 DTM 50843 b
402	402	1 shall consider, but shall not be limited to, the following:
403	403	2 (a) The size, composition and growth of the population
404	404	3 of the area to be served;
405	405	4 (b) The number of existing and planned facilities
406	406	5 offering similar programs;
407	407	6 (c) The extent of utilization of existing facilities;
408	408	7 (d) The availability of facilities which may serve as
409	409	8 alternatives or substitutes;
410	410	9 (e) The availability of personnel necessary to the
411	411	10 operation of the facility;
412	412	11 (f) Multi-institutional planning and the establishment
413	413	12 of multi-institutional systems where feasible;
414	414	13 (g) The financial and economic feasibility of proposed
415	415	14 construction or modification; and
416	416	15 (h) In the case of health care facilities established
417	417	16 by a religious body or denomination, the needs of the
418	418	17 members of such religious body or denomination may be
419	419	18 considered to be public need.
420	420	19 The health care facility plans which are developed and
421	421	20 adopted in accordance with this Section shall form the basis
422	422	21 for the plan of the State to deal most effectively with
423	423	22 statewide health needs in regard to health care facilities.
424	424	23 (5) Coordinate with other state agencies having
425	425	24 responsibilities affecting health care facilities, including
426	426	25 those of licensure and cost reporting.
427	427	26 (6) Solicit, accept, hold and administer on behalf of the
428	428
429	429
430	430
431	431
432	432
433	433	HB3813 - 11 - LRB103 05823 DTM 50843 b
434	434
435	435
436	436	HB3813- 12 -LRB103 05823 DTM 50843 b HB3813 - 12 - LRB103 05823 DTM 50843 b
437	437	HB3813 - 12 - LRB103 05823 DTM 50843 b
438	438	1 State any grants or bequests of money, securities or property
439	439	2 for use by the State Board in the administration of this Act;
440	440	3 and enter into contracts consistent with the appropriations
441	441	4 for purposes enumerated in this Act.
442	442	5 (7) (Blank).
443	443	6 (8) Prescribe rules, regulations, standards, and criteria
444	444	7 for the conduct of an expeditious review of applications for
445	445	8 permits for projects of construction or modification of a
446	446	9 health care facility, which projects are classified as
447	447	10 emergency, substantive, or non-substantive in nature.
448	448	11 Substantive projects shall include no more than the
449	449	12 following:
450	450	13 (a) Projects to construct (1) a new or replacement
451	451	14 facility located on a new site or (2) a replacement
452	452	15 facility located on the same site as the original facility
453	453	16 and the cost of the replacement facility exceeds the
454	454	17 capital expenditure minimum, which shall be reviewed by
455	455	18 the Board within 120 days;
456	456	19 (b) Projects proposing a (1) new service within an
457	457	20 existing healthcare facility or (2) discontinuation of a
458	458	21 service within an existing healthcare facility, which
459	459	22 shall be reviewed by the Board within 60 days; or
460	460	23 (c) Projects proposing a change in the bed capacity of
461	461	24 a health care facility by an increase in the total number
462	462	25 of beds or by a redistribution of beds among various
463	463	26 categories of service or by a relocation of beds from one
464	464
465	465
466	466
467	467
468	468
469	469	HB3813 - 12 - LRB103 05823 DTM 50843 b
470	470
471	471
472	472	HB3813- 13 -LRB103 05823 DTM 50843 b HB3813 - 13 - LRB103 05823 DTM 50843 b
473	473	HB3813 - 13 - LRB103 05823 DTM 50843 b
474	474	1 physical facility or site to another by more than 20 beds
475	475	2 or more than 10% of total bed capacity, as defined by the
476	476	3 State Board, whichever is less, over a 2-year period.
477	477	4 The Chairman may approve applications for exemption that
478	478	5 meet the criteria set forth in rules or refer them to the full
479	479	6 Board. The Chairman may approve any unopposed application that
480	480	7 meets all of the review criteria or refer them to the full
481	481	8 Board.
482	482	9 Such rules shall not prevent the conduct of a public
483	483	10 hearing upon the timely request of an interested party. Such
484	484	11 reviews shall not exceed 60 days from the date the application
485	485	12 is declared to be complete.
486	486	13 (9) Prescribe rules, regulations, standards, and criteria
487	487	14 pertaining to the granting of permits for construction and
488	488	15 modifications which are emergent in nature and must be
489	489	16 undertaken immediately to prevent or correct structural
490	490	17 deficiencies or hazardous conditions that may harm or injure
491	491	18 persons using the facility, as defined in the rules and
492	492	19 regulations of the State Board. This procedure is exempt from
493	493	20 public hearing requirements of this Act.
494	494	21 (10) Prescribe rules, regulations, standards and criteria
495	495	22 for the conduct of an expeditious review, not exceeding 60
496	496	23 days, of applications for permits for projects to construct or
497	497	24 modify health care facilities which are needed for the care
498	498	25 and treatment of persons who have acquired immunodeficiency
499	499	26 syndrome (AIDS) or related conditions.
500	500
501	501
502	502
503	503
504	504
505	505	HB3813 - 13 - LRB103 05823 DTM 50843 b
506	506
507	507
508	508	HB3813- 14 -LRB103 05823 DTM 50843 b HB3813 - 14 - LRB103 05823 DTM 50843 b
509	509	HB3813 - 14 - LRB103 05823 DTM 50843 b
510	510	1 (10.5) Provide its rationale when voting on an item before
511	511	2 it at a State Board meeting in order to comply with subsection
512	512	3 (b) of Section 3-108 of the Code of Civil Procedure.
513	513	4 (11) Issue written decisions upon request of the applicant
514	514	5 or an adversely affected party to the Board. Requests for a
515	515	6 written decision shall be made within 15 days after the Board
516	516	7 meeting in which a final decision has been made. A "final
517	517	8 decision" for purposes of this Act is the decision to approve
518	518	9 or deny an application, or take other actions permitted under
519	519	10 this Act, at the time and date of the meeting that such action
520	520	11 is scheduled by the Board. The transcript of the State Board
521	521	12 meeting shall be incorporated into the Board's final decision.
522	522	13 The staff of the Board shall prepare a written copy of the
523	523	14 final decision and the Board shall approve a final copy for
524	524	15 inclusion in the formal record. The Board shall consider, for
525	525	16 approval, the written draft of the final decision no later
526	526	17 than the next scheduled Board meeting. The written decision
527	527	18 shall identify the applicable criteria and factors listed in
528	528	19 this Act and the Board's regulations that were taken into
529	529	20 consideration by the Board when coming to a final decision. If
530	530	21 the Board denies or fails to approve an application for permit
531	531	22 or exemption, the Board shall include in the final decision a
532	532	23 detailed explanation as to why the application was denied and
533	533	24 identify what specific criteria or standards the applicant did
534	534	25 not fulfill.
535	535	26 (12) (Blank).
536	536
537	537
538	538
539	539
540	540
541	541	HB3813 - 14 - LRB103 05823 DTM 50843 b
542	542
543	543
544	544	HB3813- 15 -LRB103 05823 DTM 50843 b HB3813 - 15 - LRB103 05823 DTM 50843 b
545	545	HB3813 - 15 - LRB103 05823 DTM 50843 b
546	546	1 (13) Provide a mechanism for the public to comment on, and
547	547	2 request changes to, draft rules and standards.
548	548	3 (14) Implement public information campaigns to regularly
549	549	4 inform the general public about the opportunity for public
550	550	5 hearings and public hearing procedures.
551	551	6 (15) Establish a separate set of rules and guidelines for
552	552	7 long-term care that recognizes that nursing homes are a
553	553	8 different business line and service model from other regulated
554	554	9 facilities. An open and transparent process shall be developed
555	555	10 that considers the following: how skilled nursing fits in the
556	556	11 continuum of care with other care providers, modernization of
557	557	12 nursing homes, establishment of more private rooms,
558	558	13 development of alternative services, and current trends in
559	559	14 long-term care services. The Chairman of the Board shall
560	560	15 appoint a permanent Health Services Review Board Long-term
561	561	16 Care Facility Advisory Subcommittee that shall develop and
562	562	17 recommend to the Board the rules to be established by the Board
563	563	18 under this paragraph (15). The Subcommittee shall also provide
564	564	19 continuous review and commentary on policies and procedures
565	565	20 relative to long-term care and the review of related projects.
566	566	21 The Subcommittee shall make recommendations to the Board no
567	567	22 later than January 1, 2016 and every January thereafter
568	568	23 pursuant to the Subcommittee's responsibility for the
569	569	24 continuous review and commentary on policies and procedures
570	570	25 relative to long-term care. In consultation with other experts
571	571	26 from the health field of long-term care, the Board and the
572	572
573	573
574	574
575	575
576	576
577	577	HB3813 - 15 - LRB103 05823 DTM 50843 b
578	578
579	579
580	580	HB3813- 16 -LRB103 05823 DTM 50843 b HB3813 - 16 - LRB103 05823 DTM 50843 b
581	581	HB3813 - 16 - LRB103 05823 DTM 50843 b
582	582	1 Subcommittee shall study new approaches to the current bed
583	583	2 need formula and Health Service Area boundaries to encourage
584	584	3 flexibility and innovation in design models reflective of the
585	585	4 changing long-term care marketplace and consumer preferences
586	586	5 and submit its recommendations to the Chairman of the Board no
587	587	6 later than January 1, 2017. The Subcommittee shall evaluate,
588	588	7 and make recommendations to the State Board regarding, the
589	589	8 buying, selling, and exchange of beds between long-term care
590	590	9 facilities within a specified geographic area or drive time.
591	591	10 The Board shall file the proposed related administrative rules
592	592	11 for the separate rules and guidelines for long-term care
593	593	12 required by this paragraph (15) by no later than September 30,
594	594	13 2011. The Subcommittee shall be provided a reasonable and
595	595	14 timely opportunity to review and comment on any review,
596	596	15 revision, or updating of the criteria, standards, procedures,
597	597	16 and rules used to evaluate project applications as provided
598	598	17 under Section 12.3 of this Act.
599	599	18 The Chairman of the Board shall appoint voting members of
600	600	19 the Subcommittee, who shall serve for a period of 3 years, with
601	601	20 one-third of the terms expiring each January, to be determined
602	602	21 by lot. Appointees shall include, but not be limited to,
603	603	22 recommendations from each of the 3 statewide long-term care
604	604	23 associations, with an equal number to be appointed from each.
605	605	24 Compliance with this provision shall be through the
606	606	25 appointment and reappointment process. All appointees serving
607	607	26 as of April 1, 2015 shall serve to the end of their term as
608	608
609	609
610	610
611	611
612	612
613	613	HB3813 - 16 - LRB103 05823 DTM 50843 b
614	614
615	615
616	616	HB3813- 17 -LRB103 05823 DTM 50843 b HB3813 - 17 - LRB103 05823 DTM 50843 b
617	617	HB3813 - 17 - LRB103 05823 DTM 50843 b
618	618	1 determined by lot or until the appointee voluntarily resigns,
619	619	2 whichever is earlier.
620	620	3 One representative from the Department of Public Health,
621	621	4 the Department of Healthcare and Family Services, the
622	622	5 Department on Aging, and the Department of Human Services may
623	623	6 each serve as an ex-officio non-voting member of the
624	624	7 Subcommittee. The Chairman of the Board shall select a
625	625	8 Subcommittee Chair, who shall serve for a period of 3 years.
626	626	9 (16) Prescribe the format of the State Board Staff Report.
627	627	10 A State Board Staff Report shall pertain to applications that
628	628	11 include, but are not limited to, applications for permit or
629	629	12 exemption, applications for permit renewal, applications for
630	630	13 extension of the financial commitment period, applications
631	631	14 requesting a declaratory ruling, or applications under the
632	632	15 Health Care Worker Self-Referral Act. State Board Staff
633	633	16 Reports shall compare applications to the relevant review
634	634	17 criteria under the Board's rules.
635	635	18 (17) Establish a separate set of rules and guidelines for
636	636	19 facilities licensed under the Specialized Mental Health
637	637	20 Rehabilitation Act of 2013. An application for the
638	638	21 re-establishment of a facility in connection with the
639	639	22 relocation of the facility shall not be granted unless the
640	640	23 applicant has a contractual relationship with at least one
641	641	24 hospital to provide emergency and inpatient mental health
642	642	25 services required by facility consumers, and at least one
643	643	26 community mental health agency to provide oversight and
644	644
645	645
646	646
647	647
648	648
649	649	HB3813 - 17 - LRB103 05823 DTM 50843 b
650	650
651	651
652	652	HB3813- 18 -LRB103 05823 DTM 50843 b HB3813 - 18 - LRB103 05823 DTM 50843 b
653	653	HB3813 - 18 - LRB103 05823 DTM 50843 b
654	654	1 assistance to facility consumers while living in the facility,
655	655	2 and appropriate services, including case management, to assist
656	656	3 them to prepare for discharge and reside stably in the
657	657	4 community thereafter. No new facilities licensed under the
658	658	5 Specialized Mental Health Rehabilitation Act of 2013 shall be
659	659	6 established after June 16, 2014 (the effective date of Public
660	660	7 Act 98-651) except in connection with the relocation of an
661	661	8 existing facility to a new location. An application for a new
662	662	9 location shall not be approved unless there are adequate
663	663	10 community services accessible to the consumers within a
664	664	11 reasonable distance, or by use of public transportation, so as
665	665	12 to facilitate the goal of achieving maximum individual
666	666	13 self-care and independence. At no time shall the total number
667	667	14 of authorized beds under this Act in facilities licensed under
668	668	15 the Specialized Mental Health Rehabilitation Act of 2013
669	669	16 exceed the number of authorized beds on June 16, 2014 (the
670	670	17 effective date of Public Act 98-651).
671	671	18 (18) Elect a Vice Chairman to preside over State Board
672	672	19 meetings and otherwise act in place of the Chairman when the
673	673	20 Chairman is unavailable.
674	674	21 (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18;
675	675	22 101-83, eff. 7-15-19.)
676	676	23 (20 ILCS 3960/12.2)
677	677	24 (Section scheduled to be repealed on December 31, 2029)
678	678	25 Sec. 12.2. Powers of the State Board staff. For purposes
679	679
680	680
681	681
682	682
683	683
684	684	HB3813 - 18 - LRB103 05823 DTM 50843 b
685	685
686	686
687	687	HB3813- 19 -LRB103 05823 DTM 50843 b HB3813 - 19 - LRB103 05823 DTM 50843 b
688	688	HB3813 - 19 - LRB103 05823 DTM 50843 b
689	689	1 of this Act, the staff shall exercise the following powers and
690	690	2 duties:
691	691	3 (1) Review applications for permits and exemptions in
692	692	4 accordance with the standards, criteria, and plans of need
693	693	5 established by the State Board under this Act and certify
694	694	6 its finding to the State Board.
695	695	7 (1.5) Post the following on the Board's web site:
696	696	8 relevant (i) rules, (ii) standards, (iii) criteria, (iv)
697	697	9 State norms, (v) references used by Board staff in making
698	698	10 determinations about whether application criteria are met,
699	699	11 and (vi) notices of project-related filings, including
700	700	12 notice of public comments related to the application.
701	701	13 (2) Charge and collect an amount determined by the
702	702	14 State Board and the staff to be reasonable fees for the
703	703	15 processing of applications by the State Board. The State
704	704	16 Board shall set the amounts by rule. Application fees for
705	705	17 continuing care retirement communities, and other health
706	706	18 care models that include regulated and unregulated
707	707	19 components, shall apply only to those components subject
708	708	20 to regulation under this Act. All fees and fines collected
709	709	21 under the provisions of this Act shall be deposited into
710	710	22 the Illinois Health Facilities Planning Fund to be used
711	711	23 for the expenses of administering this Act.
712	712	24 (2.1) Publish the following reports on the State Board
713	713	25 website:
714	714	26 (A) An annual accounting, aggregated by category
715	715
716	716
717	717
718	718
719	719
720	720	HB3813 - 19 - LRB103 05823 DTM 50843 b
721	721
722	722
723	723	HB3813- 20 -LRB103 05823 DTM 50843 b HB3813 - 20 - LRB103 05823 DTM 50843 b
724	724	HB3813 - 20 - LRB103 05823 DTM 50843 b
725	725	1 and with names of parties redacted, of fees, fines,
726	726	2 and other revenue collected as well as expenses
727	727	3 incurred, in the administration of this Act.
728	728	4 (B) An annual report, with names of the parties
729	729	5 redacted, that summarizes all settlement agreements
730	730	6 entered into with the State Board that resolve an
731	731	7 alleged instance of noncompliance with State Board
732	732	8 requirements under this Act.
733	733	9 (C) (Blank).
734	734	10 (D) Board reports showing the degree to which an
735	735	11 application conforms to the review standards, a
736	736	12 summation of relevant public testimony, and any
737	737	13 additional information that staff wants to
738	738	14 communicate.
739	739	15 (3) Coordinate with other State agencies having
740	740	16 responsibilities affecting health care facilities,
741	741	17 including licensure and cost reporting agencies.
742	742	18 (4) Issue advisory opinions upon request. Staff
743	743	19 advisory opinions do not constitute determinations by the
744	744	20 State Board. Determinations by the State Board are made
745	745	21 through the declaratory ruling process.
746	746	22 (Source: P.A. 100-681, eff. 8-3-18; 101-83, eff. 7-15-19.)
747	747	23 (20 ILCS 3960/8.7 rep.)
748	748	24 Section 10. The Illinois Health Facilities Planning Act is
749	749	25 amended by repealing Section 8.7.
750	750
751	751
752	752
753	753
754	754
755	755	HB3813 - 20 - LRB103 05823 DTM 50843 b
756	756
757	757
758	758	HB3813- 21 -LRB103 05823 DTM 50843 b HB3813 - 21 - LRB103 05823 DTM 50843 b
759	759	HB3813 - 21 - LRB103 05823 DTM 50843 b
760	760	1 Section 99. Effective date. This Act takes effect upon
761	761	2 becoming law.
762	762
763	763
764	764
765	765
766	766
767	767	HB3813 - 21 - LRB103 05823 DTM 50843 b