99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3510

Introduced , by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

20 ILCS 3960/12 from Ch. 111 1/2, par. 1162

Amends the Illinois Health Facilities Planning Act. Requires the Health Facilities and Services Review Board to establish a separate set of rules and guidelines for long-term care for submission to the Index Division of the Office of Secretary of State no later than April 1, 2016. Requires the Health Services Review Board Long-term Care Facility Advisory Subcommittee to, in conjunction with the Board, study new approaches to the current bed need formula and Health Service Area boundaries and submit its recommendations to the Chairman of the Board no later than October 1, 2015. Requires the Chairman of the Board to ensure that the Health Services Review Board Long-term Care Facility Advisory Subcommittee includes 2 members recommended from each of the 3 statewide long-term care provider associations. Revokes all appointments to the Subcommittee on January 1, 2016 if by that time the Subcommittee has failed to recommend a separate set of rules and guidelines governing long-term care. Sets forth membership for the new Subcommittee to be appointed by the Board. Effective immediately.

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A BILL FOR

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1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Health Facilities Planning Act is

5 amended by changing Section 12 as follows:

6 (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)

7 (Section scheduled to be repealed on December 31, 2019)

8 Sec. 12. Powers and duties of State Board. For purposes of

9 this Act, the State Board shall exercise the following powers

10 and duties:

11 (1) Prescribe rules, regulations, standards, criteria,

12 procedures or reviews which may vary according to the purpose

13 for which a particular review is being conducted or the type of

14 project reviewed and which are required to carry out the

15 provisions and purposes of this Act. Policies and procedures of

16 the State Board shall take into consideration the priorities

17 and needs of medically underserved areas and other health care

18 services identified through the comprehensive health planning

19 process, giving special consideration to the impact of projects

20 on access to safety net services.

21 (2) Adopt procedures for public notice and hearing on all

22 proposed rules, regulations, standards, criteria, and plans

23 required to carry out the provisions of this Act.

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1 (3) (Blank).

2 (4) Develop criteria and standards for health care

3 facilities planning, conduct statewide inventories of health

4 care facilities, maintain an updated inventory on the Board's

5 web site reflecting the most recent bed and service changes and

6 updated need determinations when new census data become

7 available or new need formulae are adopted, and develop health

8 care facility plans which shall be utilized in the review of

9 applications for permit under this Act. Such health facility

10 plans shall be coordinated by the Board with pertinent State

11 Plans. Inventories pursuant to this Section of skilled or

12 intermediate care facilities licensed under the Nursing Home

13 Care Act, skilled or intermediate care facilities licensed

14 under the ID/DD Community Care Act, facilities licensed under

15 the Specialized Mental Health Rehabilitation Act, or nursing

16 homes licensed under the Hospital Licensing Act shall be

17 conducted on an annual basis no later than July 1 of each year

18 and shall include among the information requested a list of all

19 services provided by a facility to its residents and to the

20 community at large and differentiate between active and

21 inactive beds.

22 In developing health care facility plans, the State Board

23 shall consider, but shall not be limited to, the following:

24 (a) The size, composition and growth of the population

25 of the area to be served;

26 (b) The number of existing and planned facilities

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1 offering similar programs;

2 (c) The extent of utilization of existing facilities;

3 (d) The availability of facilities which may serve as

4 alternatives or substitutes;

5 (e) The availability of personnel necessary to the

6 operation of the facility;

7 (f) Multi-institutional planning and the establishment

8 of multi-institutional systems where feasible;

9 (g) The financial and economic feasibility of proposed

10 construction or modification; and

11 (h) In the case of health care facilities established

12 by a religious body or denomination, the needs of the

13 members of such religious body or denomination may be

14 considered to be public need.

15 The health care facility plans which are developed and

16 adopted in accordance with this Section shall form the basis

17 for the plan of the State to deal most effectively with

18 statewide health needs in regard to health care facilities.

19 (5) Coordinate with the Center for Comprehensive Health

20 Planning and other state agencies having responsibilities

21 affecting health care facilities, including those of licensure

22 and cost reporting. Beginning no later than January 1, 2013,

23 the Department of Public Health shall produce a written annual

24 report to the Governor and the General Assembly regarding the

25 development of the Center for Comprehensive Health Planning.

26 The Chairman of the State Board and the State Board

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1 Administrator shall also receive a copy of the annual report.

2 (6) Solicit, accept, hold and administer on behalf of the

3 State any grants or bequests of money, securities or property

4 for use by the State Board or Center for Comprehensive Health

5 Planning in the administration of this Act; and enter into

6 contracts consistent with the appropriations for purposes

7 enumerated in this Act.

8 (7) The State Board shall prescribe procedures for review,

9 standards, and criteria which shall be utilized to make

10 periodic reviews and determinations of the appropriateness of

11 any existing health services being rendered by health care

12 facilities subject to the Act. The State Board shall consider

13 recommendations of the Board in making its determinations.

14 (8) Prescribe, in consultation with the Center for

15 Comprehensive Health Planning, rules, regulations, standards,

16 and criteria for the conduct of an expeditious review of

17 applications for permits for projects of construction or

18 modification of a health care facility, which projects are

19 classified as emergency, substantive, or non-substantive in

20 nature.

21 Six months after June 30, 2009 (the effective date of

22 Public Act 96-31), substantive projects shall include no more

23 than the following:

24 (a) Projects to construct (1) a new or replacement

25 facility located on a new site or (2) a replacement

26 facility located on the same site as the original facility

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1 and the cost of the replacement facility exceeds the

2 capital expenditure minimum, which shall be reviewed by the

3 Board within 120 days;

4 (b) Projects proposing a (1) new service within an

5 existing healthcare facility or (2) discontinuation of a

6 service within an existing healthcare facility, which

7 shall be reviewed by the Board within 60 days; or

8 (c) Projects proposing a change in the bed capacity of

9 a health care facility by an increase in the total number

10 of beds or by a redistribution of beds among various

11 categories of service or by a relocation of beds from one

12 physical facility or site to another by more than 20 beds

13 or more than 10% of total bed capacity, as defined by the

14 State Board, whichever is less, over a 2-year period.

15 The Chairman may approve applications for exemption that

16 meet the criteria set forth in rules or refer them to the full

17 Board. The Chairman may approve any unopposed application that

18 meets all of the review criteria or refer them to the full

19 Board.

20 Such rules shall not abridge the right of the Center for

21 Comprehensive Health Planning to make recommendations on the

22 classification and approval of projects, nor shall such rules

23 prevent the conduct of a public hearing upon the timely request

24 of an interested party. Such reviews shall not exceed 60 days

25 from the date the application is declared to be complete.

26 (9) Prescribe rules, regulations, standards, and criteria

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1 pertaining to the granting of permits for construction and

2 modifications which are emergent in nature and must be

3 undertaken immediately to prevent or correct structural

4 deficiencies or hazardous conditions that may harm or injure

5 persons using the facility, as defined in the rules and

6 regulations of the State Board. This procedure is exempt from

7 public hearing requirements of this Act.

8 (10) Prescribe rules, regulations, standards and criteria

9 for the conduct of an expeditious review, not exceeding 60

10 days, of applications for permits for projects to construct or

11 modify health care facilities which are needed for the care and

12 treatment of persons who have acquired immunodeficiency

13 syndrome (AIDS) or related conditions.

14 (11) Issue written decisions upon request of the applicant

15 or an adversely affected party to the Board. Requests for a

16 written decision shall be made within 15 days after the Board

17 meeting in which a final decision has been made. A "final

18 decision" for purposes of this Act is the decision to approve

19 or deny an application, or take other actions permitted under

20 this Act, at the time and date of the meeting that such action

21 is scheduled by the Board. State Board members shall provide

22 their rationale when voting on an item before the State Board

23 at a State Board meeting in order to comply with subsection (b)

24 of Section 3-108 of the Administrative Review Law of the Code

25 of Civil Procedure. The transcript of the State Board meeting

26 shall be incorporated into the Board's final decision. The

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1 staff of the Board shall prepare a written copy of the final

2 decision and the Board shall approve a final copy for inclusion

3 in the formal record. The Board shall consider, for approval,

4 the written draft of the final decision no later than the next

5 scheduled Board meeting. The written decision shall identify

6 the applicable criteria and factors listed in this Act and the

7 Board's regulations that were taken into consideration by the

8 Board when coming to a final decision. If the Board denies or

9 fails to approve an application for permit or exemption, the

10 Board shall include in the final decision a detailed

11 explanation as to why the application was denied and identify

12 what specific criteria or standards the applicant did not

13 fulfill.

14 (12) Require at least one of its members to participate in

15 any public hearing, after the appointment of a majority of the

16 members to the Board.

17 (13) Provide a mechanism for the public to comment on, and

18 request changes to, draft rules and standards.

19 (14) Implement public information campaigns to regularly

20 inform the general public about the opportunity for public

21 hearings and public hearing procedures.

22 (15) Establish a separate set of rules and guidelines for

23 long-term care that recognizes that nursing homes are a

24 different business line and service model from other regulated

25 facilities for submission to the Index Division of the Office

26 of the Secretary of State no later than April 1, 2016. An open

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1 and transparent process shall be developed that considers the

2 following: how skilled nursing fits in the continuum of care

3 with other care providers, modernization of nursing homes,

4 establishment of more private rooms, development of

5 alternative services, and current trends in long-term care

6 services. The Chairman of the Board shall appoint a permanent

7 Health Services Review Board Long-term Care Facility Advisory

8 Subcommittee that shall develop and recommend to the Board the

9 rules to be established by the Board under this paragraph (15).

10 The Subcommittee shall also provide continuous review and

11 commentary on policies and procedures relative to long-term

12 care and the review of related projects. In consultation with

13 other experts from the health field of long-term care, the

14 Board and the Subcommittee shall study new approaches to the

15 current bed need formula and Health Service Area boundaries to

16 encourage flexibility and innovation in design models

17 reflective of the changing long-term care marketplace and

18 consumer preferences and submit its recommendations to the

19 Chairman of the Board no later than October 1, 2015. The

20 Subcommittee shall evaluate, and make recommendations to the

21 State Board regarding, the buying, selling, and exchange of

22 beds between long-term care facilities within a specified

23 geographic area or drive time. The Board shall file the

24 proposed related administrative rules for the separate rules

25 and guidelines for long-term care required by this paragraph

26 (15) by no later than September 30, 2011. The Subcommittee

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1 shall be provided a reasonable and timely opportunity to review

2 and comment on any review, revision, or updating of the

3 criteria, standards, procedures, and rules used to evaluate

4 project applications as provided under Section 12.3 of this

5 Act.

6 By July 1, 2015, the Chairman of the Board shall ensure

7 that the Subcommittee includes 2 members recommended from each

8 of the 3 statewide long-term care provider associations. If, by

9 January 1, 2016, the Subcommittee has failed to recommend a

10 separate set of rules and guidelines governing long-term care,

11 then the Subcommittee shall be disbanded. If the Subcommittee

12 is disbanded, then the Chairman of the Board shall, by February

13 1, 2016, appoint a new Subcommittee as follows:

14 (A) Two appointees recommended by each of the 3

15 statewide long-term care provider associations, of

16 which one shall be a provider and one an employee of

17 the association;

18 (B) Three attorneys specializing in health law

19 recommended by the 3 long-term care provider

20 associations; and

21 (C) Two citizen members with knowledge of Illinois

22 long-term care facilities.

23 The Chairman of the Board shall select a Subcommittee

24 Chair, who shall serve for a period of one year, from those

25 serving on the Subcommittee at the recommendation of the 3

26 long-term care provider associations. Each year thereafter,

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1 the Chairman of the Board shall name a successor Subcommittee

2 Chair from the recommendations of a different provider

3 association. One representative from the Department of Public

4 Health, the Department of Healthcare and Family Services, and

5 the Department of Human Services shall each serve as a

6 non-voting member of the Subcommittee.

7 (16) Prescribe and provide forms pertaining to the State

8 Board Staff Report. A State Board Staff Report shall pertain to

9 applications that include, but are not limited to, applications

10 for permit or exemption, applications for permit renewal,

11 applications for extension of the obligation period,

12 applications requesting a declaratory ruling, or applications

13 under the Health Care Worker Self-Referral ~~Self Referral~~ Act.

14 State Board Staff Reports shall compare applications to the

15 relevant review criteria under the Board's rules.

16 (17) ~~(16)~~ Establish a separate set of rules and guidelines

17 for facilities licensed under the Specialized Mental Health

18 Rehabilitation Act of 2013. An application for the

19 re-establishment of a facility in connection with the

20 relocation of the facility shall not be granted unless the

21 applicant has a contractual relationship with at least one

22 hospital to provide emergency and inpatient mental health

23 services required by facility consumers, and at least one

24 community mental health agency to provide oversight and

25 assistance to facility consumers while living in the facility,

26 and appropriate services, including case management, to assist

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1 them to prepare for discharge and reside stably in the

2 community thereafter. No new facilities licensed under the

3 Specialized Mental Health Rehabilitation Act of 2013 shall be

4 established after June 16, 2014 (the effective date of Public

5 Act 98-651) ~~this amendatory Act of the 98th General Assembly~~

6 except in connection with the relocation of an existing

7 facility to a new location. An application for a new location

8 shall not be approved unless there are adequate community

9 services accessible to the consumers within a reasonable

10 distance, or by use of public transportation, so as to

11 facilitate the goal of achieving maximum individual self-care

12 and independence. At no time shall the total number of

13 authorized beds under this Act in facilities licensed under the

14 Specialized Mental Health Rehabilitation Act of 2013 exceed the

15 number of authorized beds on June 16, 2014 (the effective date

16 of Public Act 98-651) ~~this amendatory Act of the 98th General~~

17 ~~Assembly~~.

18 (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

19 eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;

20 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.

21 6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)

22 Section 99. Effective date. This Act takes effect upon

23 becoming law.