IL
Illinois Senate Bill SB3493

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3493 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3493 Introduced 2/9/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: 210 ILCS 9/21 new Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter. LRB103 36436 CES 69565 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3493 Introduced 2/9/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: 210 ILCS 9/21 new 210 ILCS 9/21 new Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter. LRB103 36436 CES 69565 b LRB103 36436 CES 69565 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3493 Introduced 2/9/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
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55 Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Assisted Living and Shared Housing Act is
1515 5 amended by adding Section 21 as follows:
1616 6 (210 ILCS 9/21 new)
1717 7 Sec. 21. Facility plan review; fees.
1818 8 (a) Before commencing construction of new facilities, or
1919 9 alteration or additions to an existing assisted living
2020 10 establishment or shared housing establishment involving major
2121 11 construction, as defined by rule by the Department, the
2222 12 applicant shall submit architectural drawings and
2323 13 specifications to the Department for review and approval. A
2424 14 facility shall submit architectural drawings and
2525 15 specifications for other construction projects for Department
2626 16 review according to subsection (b) that shall not be subject
2727 17 to fees under subsection (d). Review of drawings and
2828 18 specifications shall be conducted by an employee of the
2929 19 Department meeting the qualifications established by the
3030 20 Department of Central Management Services class specifications
3131 21 for such an individual's position or by a person contracting
3232 22 with the Department who meets those class specifications.
3333 23 Final approval of the drawings and specifications for
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3493 Introduced 2/9/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
3838 210 ILCS 9/21 new 210 ILCS 9/21 new
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4040 Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter.
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6868 1 compliance with design and construction standards shall be
6969 2 obtained from the Department before the alteration, addition,
7070 3 or new construction begins.
7171 4 (b) The Department shall inform an applicant in writing
7272 5 within 10 business days after receiving drawings and
7373 6 specifications, and the required fee, if any, from the
7474 7 applicant whether the applicant's submission is complete or
7575 8 incomplete. Failure to provide the applicant with this notice
7676 9 within 10 business days shall result in the submission being
7777 10 deemed complete for purposes of initiating the 60-day review
7878 11 period under this Section. If the submission is incomplete,
7979 12 the Department shall inform the applicant of the deficiencies
8080 13 with the submission in writing. If the submission is complete
8181 14 and the required fee, if any, has been paid, the Department
8282 15 shall approve or disapprove drawings and specifications
8383 16 submitted to the Department no later than 60-days after
8484 17 receipt by the Department. The drawings and specifications
8585 18 shall be of sufficient detail, as provided by Department rule,
8686 19 to enable the Department to render a determination of
8787 20 compliance with design and construction standards under this
8888 21 Act. If the Department finds that the drawings are not of
8989 22 sufficient detail for it to render a determination of
9090 23 compliance, the plans shall be determined to be incomplete and
9191 24 shall not be considered for purposes of initiating the 60-day
9292 25 review period. If a submission of drawings and specifications
9393 26 is incomplete, the applicant may submit additional
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104104 1 information. The 60-day review period shall not commence until
105105 2 the Department determines that a submission of drawings and
106106 3 specifications is complete or the submission is deemed
107107 4 complete under this subsection (b). If the Department has not
108108 5 approved or disapproved the drawings and specifications within
109109 6 60 days after an application is complete or deemed complete,
110110 7 the construction, major alteration, or addition shall be
111111 8 deemed approved. If the drawings and specifications are
112112 9 disapproved, the Department shall state in writing, with
113113 10 specificity, the reasons for the disapproval. The entity
114114 11 submitting the drawings and specifications may submit
115115 12 additional information in response to the written comments
116116 13 from the Department or request a reconsideration of the
117117 14 disapproval. A final decision of approval or disapproval shall
118118 15 be made within 45 days after the receipt of the additional
119119 16 information or reconsideration request. If denied, the
120120 17 Department shall state the specific reasons for the denial.
121121 18 (c) The Department shall provide written approval for
122122 19 occupancy under subsection (g).
123123 20 (d) The Department shall charge the following fees in
124124 21 connection with the Department's reviews conducted after the
125125 22 effective date of this amendatory Act of the 103rd General
126126 23 Assembly under this Section:
127127 24 (1) If the estimated dollar value of the alteration,
128128 25 addition or new construction is $49,999.99 or less, no fee
129129 26 is required.
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140140 1 (2) If the estimated dollar value of the alteration,
141141 2 addition, or new construction is more than $50,000 but
142142 3 less than or equal to $500,000, the fee shall be the
143143 4 greater of $3,000, $4,000, or 2.0% of that value.
144144 5 (3) If the estimated dollar value of the alteration,
145145 6 addition, or new construction is more than $500,000 but
146146 7 less than or equal to $1,000,000, the fee shall be the
147147 8 greater of $10,000 or 1.5% of that value.
148148 9 (4) If the estimated dollar value of the alteration,
149149 10 addition, or new construction is more than $1,000,000 but
150150 11 less than or equal to $5,000,000, the fee shall be the
151151 12 greater of $13,000 or 0.35% of that value.
152152 13 (5) If the estimated dollar value of the alteration,
153153 14 addition, or new construction is more than $5,000,000, the
154154 15 fee shall be the greater of $15,000 or 0.175% of that
155155 16 value, but shall not exceed $35,000.
156156 17 The fees provided in this subsection (d) shall not apply
157157 18 to major construction projects involving facility changes that
158158 19 are required by Department rule amendments.
159159 20 The Department shall not commence the facility plan review
160160 21 process under this Section until the applicable fee has been
161161 22 paid.
162162 23 (e) All fees received by the Department under this Section
163163 24 shall be deposited into the Health Facility Plan Review Fund,
164164 25 a special fund created in the State treasury. Moneys shall be
165165 26 appropriated from that Fund to the Department only to pay the
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176176 1 costs of conducting reviews under this Section. All fees paid
177177 2 by assisted living establishments and shared housing
178178 3 establishments under subsection (d) shall be used only to
179179 4 cover the costs relating to the Department's review of
180180 5 assisted living establishment and shared housing establishment
181181 6 projects under this Section. None of the moneys in the Health
182182 7 Facility Plan Review Fund shall be used to reduce the amount of
183183 8 General Revenue Fund moneys appropriated to the Department for
184184 9 facility plan reviews conducted under this Section.
185185 10 (f) The Department shall review the fee structure after 3
186186 11 years from the effective date of this amendatory Act of the
187187 12 103rd General Assembly, fees shall be increased or decreased
188188 13 to maintain the plan review program. Fee structure shall be
189189 14 re-evaluated every 5 years thereafter.
190190 15 (g) The Department shall conduct an on-site inspection of
191191 16 the completed project no later than 30 business days after
192192 17 notification from the applicant that the project has been
193193 18 completed and all certifications required by the Department
194194 19 have been received and accepted by the Department. The
195195 20 Department shall provide written approval for occupancy to the
196196 21 applicant within 5 business days of the Department's final
197197 22 inspection, provided the applicant has demonstrated
198198 23 substantial compliance as defined by Department rule.
199199 24 Occupancy of new major construction is prohibited until
200200 25 Department approval is received, unless the Department has not
201201 26 acted within the time frames provided in this subsection (g),
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