103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4899 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 210 ILCS 9/23 new210 ILCS 9/135210 ILCS 45/3-202.5210 ILCS 46/3-202.5 Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of the proposed constructions. Requires fees collected under the provisions to be deposited into the Health Facility Plan Review Fund and used by the Department to pay only the costs of conducting reviews under the provisions. Makes conforming changes in the Nursing Home Care Act and the MC/DD Community Care Act. LRB103 37262 CES 67383 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4899 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 210 ILCS 9/23 new210 ILCS 9/135210 ILCS 45/3-202.5210 ILCS 46/3-202.5 210 ILCS 9/23 new 210 ILCS 9/135 210 ILCS 45/3-202.5 210 ILCS 46/3-202.5 Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of the proposed constructions. Requires fees collected under the provisions to be deposited into the Health Facility Plan Review Fund and used by the Department to pay only the costs of conducting reviews under the provisions. Makes conforming changes in the Nursing Home Care Act and the MC/DD Community Care Act. LRB103 37262 CES 67383 b LRB103 37262 CES 67383 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4899 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 210 ILCS 9/23 new210 ILCS 9/135210 ILCS 45/3-202.5210 ILCS 46/3-202.5 210 ILCS 9/23 new 210 ILCS 9/135 210 ILCS 45/3-202.5 210 ILCS 46/3-202.5 210 ILCS 9/23 new 210 ILCS 9/135 210 ILCS 45/3-202.5 210 ILCS 46/3-202.5 Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of the proposed constructions. Requires fees collected under the provisions to be deposited into the Health Facility Plan Review Fund and used by the Department to pay only the costs of conducting reviews under the provisions. Makes conforming changes in the Nursing Home Care Act and the MC/DD Community Care Act. LRB103 37262 CES 67383 b LRB103 37262 CES 67383 b LRB103 37262 CES 67383 b A BILL FOR HB4899LRB103 37262 CES 67383 b HB4899 LRB103 37262 CES 67383 b HB4899 LRB103 37262 CES 67383 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Assisted Living and Shared Housing Act is 5 amended by adding Section 23 and by changing Section 135 as 6 follows: 7 (210 ILCS 9/23 new) 8 Sec. 23. Establishment construction; Department review; 9 fees. 10 (a) Before commencing construction of a new establishment 11 or an alteration or addition to an existing establishment, the 12 owner or operator of the establishment shall submit 13 architectural drawings and specifications for the 14 construction, alteration, or addition to the Department for 15 review and approval. 16 The Department shall provide criteria by rule for 17 determining whether a construction, alteration, or addition is 18 subject to the submission requirements of this Section. The 19 Department shall not review a submission under this Section 20 until the required fee, if any, has been paid. 21 An establishment may voluntarily submit architectural 22 drawings and specifications for a construction, alteration, or 23 addition for Department review and approval under subsection 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4899 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 210 ILCS 9/23 new210 ILCS 9/135210 ILCS 45/3-202.5210 ILCS 46/3-202.5 210 ILCS 9/23 new 210 ILCS 9/135 210 ILCS 45/3-202.5 210 ILCS 46/3-202.5 210 ILCS 9/23 new 210 ILCS 9/135 210 ILCS 45/3-202.5 210 ILCS 46/3-202.5 Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of the proposed constructions. Requires fees collected under the provisions to be deposited into the Health Facility Plan Review Fund and used by the Department to pay only the costs of conducting reviews under the provisions. Makes conforming changes in the Nursing Home Care Act and the MC/DD Community Care Act. LRB103 37262 CES 67383 b LRB103 37262 CES 67383 b LRB103 37262 CES 67383 b A BILL FOR 210 ILCS 9/23 new 210 ILCS 9/135 210 ILCS 45/3-202.5 210 ILCS 46/3-202.5 LRB103 37262 CES 67383 b HB4899 LRB103 37262 CES 67383 b HB4899- 2 -LRB103 37262 CES 67383 b HB4899 - 2 - LRB103 37262 CES 67383 b HB4899 - 2 - LRB103 37262 CES 67383 b 1 (b) without being charged a fee under subsection (c). 2 Review of architectural drawings and specifications shall 3 be conducted by (i) a Department employee who meets the 4 qualifications for that employee's class specification 5 according to requirements of the Department of Central 6 Management Services or by (ii) a person under contract with 7 the Department who meets the same qualifications described 8 under (i). Final approval of the architectural drawings and 9 specifications shall be obtained from the Department before 10 the construction, alteration, or addition begins. 11 (b) Regardless of whether the submission is complete or 12 incomplete, the Department shall inform the owner or operator 13 of an establishment submitting architectural drawings and 14 specifications under subsection (a) in writing within 10 15 business days after receiving the architectural drawings and 16 specifications and the required fee, if any. 17 If the submission is incomplete, the Department shall 18 inform the owner or operator of each deficiency of the 19 submission in writing. If the Department fails to provide the 20 owner or operator with the notice within 10 working days, the 21 submission shall be deemed complete for purposes of initiating 22 the 60-calendar-day review period required under this 23 subsection. 24 If the submission is complete and the required fee, if 25 any, has been paid, the Department shall approve or disapprove 26 the architectural drawings and specifications no later than 60 HB4899 - 2 - LRB103 37262 CES 67383 b HB4899- 3 -LRB103 37262 CES 67383 b HB4899 - 3 - LRB103 37262 CES 67383 b HB4899 - 3 - LRB103 37262 CES 67383 b 1 calendar days after being received by the Department. 2 The drawings and specifications shall be of sufficient 3 detail, as determined by the Department by rule, to enable the 4 Department to render a determination of compliance with design 5 and construction standards under this Act. If the Department 6 finds that the architectural drawings and specifications are 7 not of sufficient detail to render a determination of 8 compliance, the submission shall be deemed incomplete and 9 shall not be considered for purposes of initiating the 10 60-calendar-day review period, but the applicant may submit 11 additional information to supplement the submission. The 12 60-calendar-day review period shall not commence until the 13 Department determines that the submission is complete or if 14 the submission is deemed complete. If the Department has not 15 approved or disapproved the drawings and specifications within 16 the 60-calendar-day review period, the construction, 17 alteration, or addition shall be deemed approved. If the 18 submission is disapproved, the Department shall state in 19 writing, with specificity, the reasons for the disapproval and 20 the owner or operator may submit additional information in 21 response or request a reconsideration of the disapproval. A 22 final decision of approval or disapproval shall be made by the 23 Department within 45 calendar days after receiving the 24 additional information or request for reconsideration. If 25 denied, the Department shall state the specific reasons for 26 the denial. HB4899 - 3 - LRB103 37262 CES 67383 b HB4899- 4 -LRB103 37262 CES 67383 b HB4899 - 4 - LRB103 37262 CES 67383 b HB4899 - 4 - LRB103 37262 CES 67383 b 1 (c) Unless changed by the Department by rule under 2 subsection (e), the Department shall charge the following fees 3 for reviews conducted under this Section: 4 (1) If the estimated dollar value of the construction, 5 alteration, or addition is less than $50,000, no fee is 6 required. 7 (2) If the estimated dollar value of the construction, 8 alteration, or addition is $50,000 or more but less than 9 $500,000, the fee shall be the greater of $4,000 or 2.0% of 10 the estimated dollar value. 11 (3) If the estimated dollar value of the construction, 12 alteration, or addition is $500,000 or more but less than 13 $1,000,000, the fee shall be the greater of $10,000 or 14 1.5% of the estimated dollar value. 15 (4) If the estimated dollar value of the construction, 16 alteration, or addition is $1,000,000 or more but less 17 than $5,000,000, the fee shall be the greater of $13,000 18 or 0.35% of the estimated dollar value. 19 (5) If the estimated dollar value of the construction, 20 alteration, or addition is $5,000,000 or more, the fee 21 shall be the greater of $15,000 or 0.175% of the estimated 22 dollar value, but shall not exceed $35,000. 23 The fees provided in this subsection shall not apply to an 24 establishment's construction, alteration, or addition if it 25 involves changes to the establishment that are required by the 26 Department by rule. HB4899 - 4 - LRB103 37262 CES 67383 b HB4899- 5 -LRB103 37262 CES 67383 b HB4899 - 5 - LRB103 37262 CES 67383 b HB4899 - 5 - LRB103 37262 CES 67383 b 1 (d) All fees received by the Department under this Section 2 shall be deposited into the Health Facility Plan Review Fund, 3 a special fund created in the State treasury. Moneys shall be 4 appropriated from that Fund to the Department only to pay the 5 costs of conducting reviews under this Section. All fees paid 6 by assisted living establishments and shared housing 7 establishments under subsection (d) shall be used only to 8 cover the costs relating to the Department's review of 9 assisted living establishment and shared housing establishment 10 projects under this Section. None of the moneys in the Health 11 Facility Plan Review Fund shall be used to reduce the amount of 12 General Revenue Fund moneys appropriated to the Department for 13 facility plan reviews conducted under this Section. 14 (e) The Department shall review the fee structure under 15 subsection (c) 3 years after the effective date of this 16 amendatory Act of the 103rd General Assembly and every 5 years 17 thereafter and shall, by rule, increase or decrease fee 18 amounts as the Department determines to be necessary for the 19 Department to maintain its ability to review submissions under 20 this Section. 21 (f) The Department shall conduct an on-site inspection of 22 a completed construction, alteration, or addition no later 23 than 30 business days after notification from the owner or 24 operator of the establishment that the construction, 25 alteration, or addition has been completed and all 26 certifications required by the Department have been received HB4899 - 5 - LRB103 37262 CES 67383 b HB4899- 6 -LRB103 37262 CES 67383 b HB4899 - 6 - LRB103 37262 CES 67383 b HB4899 - 6 - LRB103 37262 CES 67383 b 1 and accepted. The establishment shall not be occupied until 2 the Department provides written approval for occupancy to the 3 owner or operator within 5 business days after the 4 Department's final inspection, provided that the owner or 5 operator has substantially complied with this Section as 6 determined by the Department by rule. However, if the 7 Department has not conducted the on-site inspection within the 8 30-day period or provided the written approval within 5 days 9 thereafter, the construction, alteration, or addition shall be 10 deemed approved, the establishment may be occupied, and the 11 establishment's license shall be issued after the 12 establishment passes an on-site health inspection by the 13 Department. 14 (g) The Department shall establish a procedure, by rule, 15 to conduct voluntary interim on-site review of construction, 16 alteration, or addition projects for a fee of $3,000 per 17 interim on-site review. 18 (h) The Department shall establish, by rule, an expedited 19 process for emergency repairs or replacement of like 20 equipment. 21 (i) Nothing in this Section shall be construed to apply to 22 emergency repair, maintenance, upkeep, or renovation that does 23 not affect the structural integrity of an establishment, does 24 not add units or services so as to be greater than the number 25 for which the establishment is licensed, and provides a 26 reasonable degree of safety for the establishment's residents. HB4899 - 6 - LRB103 37262 CES 67383 b HB4899- 7 -LRB103 37262 CES 67383 b HB4899 - 7 - LRB103 37262 CES 67383 b HB4899 - 7 - LRB103 37262 CES 67383 b 1 (210 ILCS 9/135) 2 Sec. 135. Civil penalties. 3 (a) The Department may assess a civil penalty not to 4 exceed $15,000 $5,000 against any establishment subject to 5 this Act for violations of this Act. Each day a violation 6 continues shall be deemed a separate violation. 7 (b) Beginning 180 days after the adoption of rules under 8 this Act, the Department may assess a civil penalty not to 9 exceed $3,000 against any establishment subject to this Act 10 for caring for a resident who exceeds the care needs defined in 11 this Act. Each day a violation continues shall be deemed a 12 separate violation. 13 (c) The Department is authorized to hold hearings in 14 contested cases regarding appeals of the penalties assessed 15 pursuant to this Section. 16 (Source: P.A. 91-656, eff. 1-1-01.) 17 Section 10. The Nursing Home Care Act is amended by 18 changing Section 3-202.5 as follows: 19 (210 ILCS 45/3-202.5) 20 Sec. 3-202.5. Facility plan review; fees. 21 (a) Before commencing construction of a new facility or 22 specified types of alteration or additions to an existing long 23 term care facility involving major construction, as defined by HB4899 - 7 - LRB103 37262 CES 67383 b HB4899- 8 -LRB103 37262 CES 67383 b HB4899 - 8 - LRB103 37262 CES 67383 b HB4899 - 8 - LRB103 37262 CES 67383 b 1 rule by the Department, with an estimated cost greater than 2 $100,000, architectural drawings and specifications for the 3 facility shall be submitted to the Department for review and 4 approval. A facility may submit architectural drawings and 5 specifications for other construction projects for Department 6 review according to subsection (b) that shall not be subject 7 to fees under subsection (d). Review of drawings and 8 specifications shall be conducted by an employee of the 9 Department meeting the qualifications established by the 10 Department of Central Management Services class specifications 11 for such an individual's position or by a person contracting 12 with the Department who meets those class specifications. 13 Final approval of the drawings and specifications for 14 compliance with design and construction standards shall be 15 obtained from the Department before the alteration, addition, 16 or new construction is begun. 17 (b) The Department shall inform an applicant in writing 18 within 10 working days after receiving drawings and 19 specifications and the required fee, if any, from the 20 applicant whether the applicant's submission is complete or 21 incomplete. Failure to provide the applicant with this notice 22 within 10 working days shall result in the submission being 23 deemed complete for purposes of initiating the 60-day review 24 period under this Section. If the submission is incomplete, 25 the Department shall inform the applicant of the deficiencies 26 with the submission in writing. If the submission is complete HB4899 - 8 - LRB103 37262 CES 67383 b HB4899- 9 -LRB103 37262 CES 67383 b HB4899 - 9 - LRB103 37262 CES 67383 b HB4899 - 9 - LRB103 37262 CES 67383 b 1 the required fee, if any, has been paid, the Department shall 2 approve or disapprove drawings and specifications submitted to 3 the Department no later than 60 days following receipt by the 4 Department. The drawings and specifications shall be of 5 sufficient detail, as provided by Department rule, to enable 6 the Department to render a determination of compliance with 7 design and construction standards under this Act. If the 8 Department finds that the drawings are not of sufficient 9 detail for it to render a determination of compliance, the 10 plans shall be determined to be incomplete and shall not be 11 considered for purposes of initiating the 60-day review 12 period. If a submission of drawings and specifications is 13 incomplete, the applicant may submit additional information. 14 The 60-day review period shall not commence until the 15 Department determines that a submission of drawings and 16 specifications is complete or the submission is deemed 17 complete. If the Department has not approved or disapproved 18 the drawings and specifications within 60 days, the 19 construction, major alteration, or addition shall be deemed 20 approved. If the drawings and specifications are disapproved, 21 the Department shall state in writing, with specificity, the 22 reasons for the disapproval. The entity submitting the 23 drawings and specifications may submit additional information 24 in response to the written comments from the Department or 25 request a reconsideration of the disapproval. A final decision 26 of approval or disapproval shall be made within 45 days of the HB4899 - 9 - LRB103 37262 CES 67383 b HB4899- 10 -LRB103 37262 CES 67383 b HB4899 - 10 - LRB103 37262 CES 67383 b HB4899 - 10 - LRB103 37262 CES 67383 b 1 receipt of the additional information or reconsideration 2 request. If denied, the Department shall state the specific 3 reasons for the denial. 4 (c) The Department shall provide written approval for 5 occupancy pursuant to subsection (g) and shall not issue a 6 violation to a facility as a result of a licensure or complaint 7 survey based upon the facility's physical structure if: 8 (1) the Department reviewed and approved or deemed 9 approved the drawings and specifications for compliance 10 with design and construction standards; 11 (2) the construction, major alteration, or addition 12 was built as submitted; 13 (3) the law or rules have not been amended since the 14 original approval; and 15 (4) the conditions at the facility indicate that there 16 is a reasonable degree of safety provided for the 17 residents. 18 (d) The Department shall charge the following fees in 19 connection with its reviews conducted before June 30, 2004 20 under this Section: 21 (1) (Blank). 22 (2) (Blank). 23 (3) If the estimated dollar value of the alteration, 24 addition, or new construction is $100,000 or more but less 25 than $500,000, the fee shall be the greater of $2,400 or 26 1.2% of that value. HB4899 - 10 - LRB103 37262 CES 67383 b HB4899- 11 -LRB103 37262 CES 67383 b HB4899 - 11 - LRB103 37262 CES 67383 b HB4899 - 11 - LRB103 37262 CES 67383 b 1 (4) If the estimated dollar value of the alteration, 2 addition, or new construction is $500,000 or more but less 3 than $1,000,000, the fee shall be the greater of $6,000 or 4 0.96% of that value. 5 (5) If the estimated dollar value of the alteration, 6 addition, or new construction is $1,000,000 or more but 7 less than $5,000,000, the fee shall be the greater of 8 $9,600 or 0.22% of that value. 9 (6) If the estimated dollar value of the alteration, 10 addition, or new construction is $5,000,000 or more, the 11 fee shall be the greater of $11,000 or 0.11% of that value, 12 but shall not exceed $40,000. 13 The fees provided in this subsection (d) shall not apply 14 to major construction projects involving facility changes that 15 are required by Department rule amendments. 16 The fees provided in this subsection (d) shall also not 17 apply to major construction projects if 51% or more of the 18 estimated cost of the project is attributed to capital 19 equipment. For major construction projects where 51% or more 20 of the estimated cost of the project is attributed to capital 21 equipment, the Department shall by rule establish a fee that 22 is reasonably related to the cost of reviewing the project. 23 The Department shall not commence the facility plan review 24 process under this Section until the applicable fee has been 25 paid. 26 (e) All fees received by the Department under this Section HB4899 - 11 - LRB103 37262 CES 67383 b HB4899- 12 -LRB103 37262 CES 67383 b HB4899 - 12 - LRB103 37262 CES 67383 b HB4899 - 12 - LRB103 37262 CES 67383 b 1 shall be deposited into the Health Facility Plan Review Fund, 2 a special fund created in the State Treasury. All fees paid by 3 facilities licensed under this Act, under the Assisted Living 4 and Shared Housing Act, and under the MC/DD Community Care Act 5 shall be used only to cover the costs relating to the 6 Department's review of facilities licensed under this Act, 7 under the Assisted Living and Shared Housing Act, or under 8 Section 3-202.5 of the MC/DD Community Care Act. All fees paid 9 by long-term care facilities under subsection (d) shall be 10 used only to cover the costs relating to the Department's 11 review of long-term care facility projects under this Section. 12 Moneys shall be appropriated from that Fund to the Department 13 only to pay the costs of conducting reviews under this Section 14 or under Section 3-202.5 of the ID/DD Community Care Act or 15 Section 3-202.5 of the MC/DD Act. None of the moneys in the 16 Health Facility Plan Review Fund shall be used to reduce the 17 amount of General Revenue Fund moneys appropriated to the 18 Department for facility plan reviews conducted pursuant to 19 this Section. 20 (f)(1) The provisions of this amendatory Act of 1997 21 concerning drawings and specifications shall apply only to 22 drawings and specifications submitted to the Department on or 23 after October 1, 1997. 24 (2) On and after the effective date of this amendatory Act 25 of 1997 and before October 1, 1997, an applicant may submit or 26 resubmit drawings and specifications to the Department and pay HB4899 - 12 - LRB103 37262 CES 67383 b HB4899- 13 -LRB103 37262 CES 67383 b HB4899 - 13 - LRB103 37262 CES 67383 b HB4899 - 13 - LRB103 37262 CES 67383 b 1 the fees provided in subsection (d). If an applicant pays the 2 fees provided in subsection (d) under this paragraph (2), the 3 provisions of subsection (b) shall apply with regard to those 4 drawings and specifications. 5 (g) The Department shall conduct an on-site inspection of 6 the completed project no later than 30 days after notification 7 from the applicant that the project has been completed and all 8 certifications required by the Department have been received 9 and accepted by the Department, except that, during a 10 statewide public health emergency, as defined in the Illinois 11 Emergency Management Agency Act, the Department shall conduct 12 an on-site inspection of the completed project to the extent 13 feasible. The Department shall provide written approval for 14 occupancy to the applicant within 5 working days of the 15 Department's final inspection, provided the applicant has 16 demonstrated substantial compliance as defined by Department 17 rule. Occupancy of new major construction is prohibited until 18 Department approval is received, unless the Department has not 19 acted within the time frames provided in this subsection (g), 20 in which case the construction shall be deemed approved. 21 Occupancy shall be authorized after any required health 22 inspection by the Department has been conducted. 23 (h) The Department shall establish, by rule, a procedure 24 to conduct interim on-site review of large or complex 25 construction projects. 26 (i) The Department shall establish, by rule, an expedited HB4899 - 13 - LRB103 37262 CES 67383 b HB4899- 14 -LRB103 37262 CES 67383 b HB4899 - 14 - LRB103 37262 CES 67383 b HB4899 - 14 - LRB103 37262 CES 67383 b 1 process for emergency repairs or replacement of like 2 equipment. 3 (j) Nothing in this Section shall be construed to apply to 4 maintenance, upkeep, or renovation that does not affect the 5 structural integrity of the building, does not add beds or 6 services over the number for which the long-term care facility 7 is licensed, and provides a reasonable degree of safety for 8 the residents. 9 (Source: P.A. 103-1, eff. 4-27-23.) 10 Section 15. The MC/DD Act is amended by changing Section 11 3-202.5 as follows: 12 (210 ILCS 46/3-202.5) 13 Sec. 3-202.5. Facility plan review; fees. 14 (a) Before commencing construction of a new facility or 15 specified types of alteration or additions to an existing 16 facility involving major construction, as defined by rule by 17 the Department, with an estimated cost greater than $100,000, 18 architectural drawings and specifications for the facility 19 shall be submitted to the Department for review and approval. 20 A facility may submit architectural drawings and 21 specifications for other construction projects for Department 22 review according to subsection (b) that shall not be subject 23 to fees under subsection (d). Review of drawings and 24 specifications shall be conducted by an employee of the HB4899 - 14 - LRB103 37262 CES 67383 b HB4899- 15 -LRB103 37262 CES 67383 b HB4899 - 15 - LRB103 37262 CES 67383 b HB4899 - 15 - LRB103 37262 CES 67383 b 1 Department meeting the qualifications established by the 2 Department of Central Management Services class specifications 3 for such an individual's position or by a person contracting 4 with the Department who meets those class specifications. 5 Final approval of the drawings and specifications for 6 compliance with design and construction standards shall be 7 obtained from the Department before the alteration, addition, 8 or new construction is begun. 9 (b) The Department shall inform an applicant in writing 10 within 10 working days after receiving drawings and 11 specifications and the required fee, if any, from the 12 applicant whether the applicant's submission is complete or 13 incomplete. Failure to provide the applicant with this notice 14 within 10 working days shall result in the submission being 15 deemed complete for purposes of initiating the 60-day review 16 period under this Section. If the submission is incomplete, 17 the Department shall inform the applicant of the deficiencies 18 with the submission in writing. If the submission is complete 19 the required fee, if any, has been paid, the Department shall 20 approve or disapprove drawings and specifications submitted to 21 the Department no later than 60 days following receipt by the 22 Department. The drawings and specifications shall be of 23 sufficient detail, as provided by Department rule, to enable 24 the Department to render a determination of compliance with 25 design and construction standards under this Act. If the 26 Department finds that the drawings are not of sufficient HB4899 - 15 - LRB103 37262 CES 67383 b HB4899- 16 -LRB103 37262 CES 67383 b HB4899 - 16 - LRB103 37262 CES 67383 b HB4899 - 16 - LRB103 37262 CES 67383 b 1 detail for it to render a determination of compliance, the 2 plans shall be determined to be incomplete and shall not be 3 considered for purposes of initiating the 60 day review 4 period. If a submission of drawings and specifications is 5 incomplete, the applicant may submit additional information. 6 The 60 day review period shall not commence until the 7 Department determines that a submission of drawings and 8 specifications is complete or the submission is deemed 9 complete. If the Department has not approved or disapproved 10 the drawings and specifications within 60 days, the 11 construction, major alteration, or addition shall be deemed 12 approved. If the drawings and specifications are disapproved, 13 the Department shall state in writing, with specificity, the 14 reasons for the disapproval. The entity submitting the 15 drawings and specifications may submit additional information 16 in response to the written comments from the Department or 17 request a reconsideration of the disapproval. A final decision 18 of approval or disapproval shall be made within 45 days of the 19 receipt of the additional information or reconsideration 20 request. If denied, the Department shall state the specific 21 reasons for the denial. 22 (c) The Department shall provide written approval for 23 occupancy pursuant to subsection (g) and shall not issue a 24 violation to a facility as a result of a licensure or complaint 25 survey based upon the facility's physical structure if: 26 (1) the Department reviewed and approved or deemed HB4899 - 16 - LRB103 37262 CES 67383 b HB4899- 17 -LRB103 37262 CES 67383 b HB4899 - 17 - LRB103 37262 CES 67383 b HB4899 - 17 - LRB103 37262 CES 67383 b 1 approved the drawings and specifications for compliance 2 with design and construction standards; 3 (2) the construction, major alteration, or addition 4 was built as submitted; 5 (3) the law or rules have not been amended since the 6 original approval; and 7 (4) the conditions at the facility indicate that there 8 is a reasonable degree of safety provided for the 9 residents. 10 (d) (Blank). 11 (e) All fees received by the Department under this Section 12 shall be deposited into the Health Facility Plan Review Fund, 13 a special fund created in the State Treasury. Moneys shall be 14 appropriated from that Fund to the Department only to pay the 15 costs of conducting reviews under this Section, under Section 16 3-202.5 of the Nursing Home Care Act, or under Section 3-202.5 17 of the MC/DD ID/DD Community Care Act. All fees paid by 18 establishments licensed under this Act, under the Assisted 19 Living and Shared Housing Act, and under the Nursing Home Care 20 Act shall be used only to cover the costs relating to the 21 Department's review of facilities licensed under this Act, 22 under the Assisted Living and Shared Housing Act, or under 23 Section 3-202.5 of the Nursing Home Care Act. None of the 24 moneys in the Health Facility Plan Review Fund shall be used to 25 reduce the amount of General Revenue Fund moneys appropriated 26 to the Department for facility plan reviews conducted pursuant HB4899 - 17 - LRB103 37262 CES 67383 b HB4899- 18 -LRB103 37262 CES 67383 b HB4899 - 18 - LRB103 37262 CES 67383 b HB4899 - 18 - LRB103 37262 CES 67383 b 1 to this Section. 2 (f) (Blank). 3 (g) The Department shall conduct an on site inspection of 4 the completed project no later than 30 days after notification 5 from the applicant that the project has been completed and all 6 certifications required by the Department have been received 7 and accepted by the Department, except that, during a 8 statewide public health emergency, as defined in the Illinois 9 Emergency Management Agency Act, the Department shall conduct 10 an on-site inspection to the extent feasible. The Department 11 shall provide written approval for occupancy to the applicant 12 within 5 working days of the Department's final inspection, 13 provided the applicant has demonstrated substantial compliance 14 as defined by Department rule. Occupancy of new major 15 construction is prohibited until Department approval is 16 received, unless the Department has not acted within the time 17 frames provided in this subsection (g), in which case the 18 construction shall be deemed approved. Occupancy shall be 19 authorized after any required health inspection by the 20 Department has been conducted. 21 (h) The Department shall establish, by rule, a procedure 22 to conduct interim on site review of large or complex 23 construction projects. 24 (i) The Department shall establish, by rule, an expedited 25 process for emergency repairs or replacement of like 26 equipment. HB4899 - 18 - LRB103 37262 CES 67383 b HB4899- 19 -LRB103 37262 CES 67383 b HB4899 - 19 - LRB103 37262 CES 67383 b HB4899 - 19 - LRB103 37262 CES 67383 b HB4899 - 19 - LRB103 37262 CES 67383 b