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SB3239 • 2026
HEALTH CARE FACILITY PLANNING
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
HEALTH CARE FACILITY PLANNING
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Third Reading Deadline Established As May 8, 2026
Second Reading
Placed on Calendar Order of 3rd Reading March 26, 2026
Do Pass Health and Human Services ; 010-000-000
Placed on Calendar Order of 2nd Reading March 12, 2026
Assigned to Health and Human Services
Filed with Secretary by Sen. Omar Aquino
First Reading
Referred to Assignments
HEALTH CARE FACILITY PLANNING
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Full Text of SB3239 Home Legislation Full Text SB3239 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB3239 Introduced 2/2/2026, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 20 ILCS 3960/2 from Ch. 111 1/2, par. 1152 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 20 ILCS 3960/4.2 20 ILCS 3960/5 from Ch. 111 1/2, par. 1155 20 ILCS 3960/6 from Ch. 111 1/2, par. 1156 20 ILCS 3960/6.2 20 ILCS 3960/8.5 20 ILCS 3960/8.7 20 ILCS 3960/10 from Ch. 111 1/2, par. 1160 20 ILCS 3960/11 from Ch. 111 1/2, par. 1161 20 ILCS 3960/12 from Ch. 111 1/2, par. 1162 20 ILCS 3960/12.2 20 ILCS 3960/13 from Ch. 111 1/2, par. 1163 Amends Illinois Health Facilities Planning Act. Provides that the Health Facilities and Services Review Board may review the applicable criteria in the consideration of any application for an exemption submitted under the Act. Provides that, upon review and consideration, the State Board may approve, deny, or defer for additional information an application for a Certificate of Need or Certificate of Exemption. Makes changes in provisions concerning administrative hearings; powers and duties of State Board; powers of the State Board staff; and review and investigation of applications for permits. LRB104 20078 SPS 33529 b A BILL FOR SB3239 LRB104 20078 SPS 33529 b 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 Sections 2, 3, 4, 4.2, 5, 6, 6.2, 8.5, 8.7, 6 10, 11, 12, 12.2, and 13 as follows: 7 (20 ILCS 3960/2) (from Ch. 111 1/2, par. 1152) 8 (Section scheduled to be repealed on December 31, 2029) 9 Sec. 2. Purpose of the Act. This Act shall establish a 10 procedure (1) which requires a person establishing, 11 constructing or modifying a health care facility, as herein 12 defined, to have the qualifications, background, character and 13 financial resources to adequately provide a proper service for 14 the community; (2) that promotes the orderly and economic 15 development of health care facilities in the State of Illinois 16 that avoids unnecessary duplication of such facilities; and 17 (3) that promotes planning for and development of health care 18 facilities needed for comprehensive health care especially in 19 areas where the health planning process has identified unmet 20 needs. 21 The changes made to this Act by this amendatory Act of the 22 96th General Assembly are intended to accomplish the following 23 objectives: to improve the financial ability of the public to SB3239 - 2 - LRB104 20078 SPS 33529 b 1 obtain necessary health services; to establish an orderly and 2 comprehensive health care delivery system that will guarantee 3 the availability of quality health care to the general public; 4 to maintain and improve the provision of essential health care 5 services and increase the accessibility of those services to 6 the medically underserved and indigent; to assure that the 7 reduction and closure of health care services or facilities is 8 performed in an orderly and timely manner, and that these 9 actions are deemed to be in the best interests of the public; 10 and to assess the financial burden to patients caused by 11 unnecessary health care construction and modification. 12 Evidence-based assessments, projections and decisions will be 13 applied regarding capacity, quality, value and equity in the 14 delivery of health care services in Illinois. The integrity of 15 the Certificate of Need Permit and Certificate of Exemption 16 processes are process is ensured through ethical practices and 17 effective communication revised ethics and communications 18 procedures. Cost containment and support for safety net 19 services must continue to be central tenets of the Certificate 20 of Need Permit and Certificate of Exemption processes process . 21 (Source: P.A. 99-527, eff. 1-1-17 .) 22 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153) 23 (Section scheduled to be repealed on December 31, 2029) 24 Sec. 3. Definitions. As used in this Act: 25 "Certificate of Need" or "permit" means the authorization SB3239 - 3 - LRB104 20078 SPS 33529 b 1 for a health care facility to conduct activities or 2 transactions that require Board approval under this Act, 3 including constructing or modifying the health care facility 4 and acquiring major medical equipment. 5 "Certificate of Exemption" or "exemption" means the 6 authorization for a health care facility to conduct activities 7 or transactions that are exempt from the permitting 8 requirements under this Act, including changes of ownership, 9 discontinuation of a single category of service, and the 10 establishment or expansion of a neonatal intensive care 11 service or the addition of beds. 12 "Health care facilities" means and includes the following 13 facilities, organizations, and related persons: 14 (1) An ambulatory surgical treatment center required 15 to be licensed pursuant to the Ambulatory Surgical 16 Treatment Center Act. 17 (2) An institution, place, building, or agency 18 required to be licensed pursuant to the Hospital Licensing 19 Act. 20 (3) Skilled and intermediate long term care facilities 21 licensed under the Nursing Home Care Act. 22 (A) If a demonstration project under the Nursing 23 Home Care Act applies for a certificate of need to 24 convert to a nursing facility, it shall meet the 25 licensure and certificate of need requirements in 26 effect as of the date of application. SB3239 - 4 - LRB104 20078 SPS 33529 b 1 (B) Except as provided in item (A) of this 2 subsection, this Act does not apply to facilities 3 granted waivers under Section 3-102.2 of the Nursing 4 Home Care Act. 5 (3.5) Skilled and intermediate care facilities 6 licensed under the ID/DD Community Care Act or the MC/DD 7 Act. No permit or exemption is required for a facility 8 licensed under the ID/DD Community Care Act or the MC/DD 9 Act prior to the reduction of the number of beds at a 10 facility. If there is a total reduction of beds at a 11 facility licensed under the ID/DD Community Care Act or 12 the MC/DD Act, this is a discontinuation or closure of the 13 facility. If a facility licensed under the ID/DD Community 14 Care Act or the MC/DD Act reduces the number of beds or 15 discontinues the facility, that facility must notify the 16 Board as provided in Section 14.1 of this Act. 17 (3.7) Facilities licensed under the Specialized Mental 18 Health Rehabilitation Act of 2013. 19 (4) Hospitals, nursing homes, ambulatory surgical 20 treatment centers, or kidney disease treatment centers 21 maintained by the State or any department or agency 22 thereof. 23 (5) Kidney disease treatment centers, including a 24 free-standing hemodialysis unit required to meet the 25 requirements of 42 CFR 494 in order to be certified for 26 participation in Medicare and Medicaid under Titles XVIII SB3239 - 5 - LRB104 20078 SPS 33529 b 1 and XIX of the federal Social Security Act. 2 (A) This Act does not apply to a dialysis facility 3 that provides only dialysis training, support, and 4 related services to individuals with end stage renal 5 disease who have elected to receive home dialysis. 6 (B) This Act does not apply to a dialysis unit 7 located in a licensed nursing home that offers or 8 provides dialysis-related services to residents with 9 end stage renal disease who have elected to receive 10 home dialysis within the nursing home. 11 (C) The Board, however, may require dialysis 12 facilities and licensed nursing homes under items (A) 13 and (B) of this subsection to report statistical 14 information on a quarterly basis to the Board to be 15 used by the Board to conduct analyses on the need for 16 proposed kidney disease treatment centers. 17 (6) An institution, place, building, or room used for 18 the performance of outpatient surgical procedures that is 19 leased, owned, or operated by or on behalf of an 20 out-of-state facility. 21 (7) An institution, place, building, or room used for 22 provision of a health care category of service, including, 23 but not limited to, cardiac catheterization and open heart 24 surgery. 25 (8) An institution, place, building, or room housing 26 major medical equipment used in the direct clinical SB3239 - 6 - LRB104 20078 SPS 33529 b 1 diagnosis or treatment of patients, and whose project cost 2 is in excess of the capital expenditure minimum. 3 "Health care facilities" does not include the following 4 entities or facility transactions: 5 (1) Federally-owned facilities. 6 (2) Facilities used solely for healing by prayer or 7 spiritual means. 8 (3) An existing facility located on any campus 9 facility as defined in Section 5-5.8b of the Illinois 10 Public Aid Code, provided that the campus facility 11 encompasses 30 or more contiguous acres and that the new 12 or renovated facility is intended for use by a licensed 13 residential facility. 14 (4) Facilities licensed under the Supportive 15 Residences Licensing Act or the Assisted Living and Shared 16 Housing Act. 17 (5) Facilities designated as supportive living 18 facilities that are in good standing with the program 19 established under Section 5-5.01a of the Illinois Public 20 Aid Code. 21 (6) Facilities established and operating under the 22 Alternative Health Care Delivery Act as a children's 23 community-based health care center alternative health care 24 model demonstration program or as an Alzheimer's Disease 25 Management Center alternative health care model 26 demonstration program. SB3239 - 7 - LRB104 20078 SPS 33529 b 1 (7) The closure of an entity or a portion of an entity 2 licensed under the Nursing Home Care Act, the Specialized 3 Mental Health Rehabilitation Act of 2013, the ID/DD 4 Community Care Act, or the MC/DD Act, with the exception 5 of facilities operated by a county or Illinois Veterans 6 Homes, that elect to convert, in whole or in part, to an 7 assisted living or shared housing establishment licensed 8 under the Assisted Living and Shared Housing Act and with 9 the exception of a facility licensed under the Specialized 10 Mental Health Rehabilitation Act of 2013 in connection 11 with a proposal to close a facility and re-establish the 12 facility in another location. 13 (8) Any change of ownership of a health care facility 14 that is licensed under the Nursing Home Care Act, the 15 Specialized Mental Health Rehabilitation Act of 2013, the 16 ID/DD Community Care Act, or the MC/DD Act, with the 17 exception of facilities operated by a county or Illinois 18 Veterans Homes. Changes of ownership of facilities 19 licensed under the Nursing Home Care Act must meet the 20 requirements set forth in Sections 3-101 through 3-119 of 21 the Nursing Home Care Act. 22 (9) (Blank). 23 With the exception of those health care facilities 24 specifically included in this Section, nothing in this Act 25 shall be intended to include facilities operated as a part of 26 the practice of a physician or other licensed health care SB3239 - 8 - LRB104 20078 SPS 33529 b 1 professional, whether practicing in his individual capacity or 2 within the legal structure of any partnership, medical or 3 professional corporation, or unincorporated medical or 4 professional group. Further, this Act shall not apply to 5 physicians or other licensed health care professional's 6 practices where such practices are carried out in a portion of 7 a health care facility under contract with such health care 8 facility by a physician or by other licensed health care 9 professionals, whether practicing in his individual capacity 10 or within the legal structure of any partnership, medical or 11 professional corporation, or unincorporated medical or 12 professional groups, unless the entity constructs, modifies, 13 or establishes a health care facility as specifically defined 14 in this Section. This Act shall apply to construction or 15 modification and to establishment by such health care facility 16 of such contracted portion which is subject to facility 17 licensing requirements, irrespective of the party responsible 18 for such action or attendant financial obligation. 19 "Person" means any one or more natural persons, legal 20 entities, governmental bodies other than federal, or any 21 combination thereof. 22 "Consumer" means any person other than a person (a) whose 23 major occupation currently involves or whose official capacity 24 within the last 12 months has involved the providing, 25 administering or financing of any type of health care 26 facility, (b) who is engaged in health research or the SB3239 - 9 - LRB104 20078 SPS 33529 b 1 teaching of health, (c) who has a material financial interest 2 in any activity which involves the providing, administering or 3 financing of any type of health care facility, or (d) who is or 4 ever has been a member of the immediate family of the person 5 defined by item (a), (b), or (c). 6 "State Board" or "Board" means the Health Facilities and 7 Services Review Board. 8 "Construction or modification" means the establishment, 9 erection, building, alteration, reconstruction, 10 modernization, improvement, extension, discontinuation, 11 change of ownership, of or by a health care facility, or the 12 purchase or acquisition by or through a health care facility 13 of equipment or service for diagnostic or therapeutic purposes 14 or for facility administration or operation, or any capital 15 expenditure made by or on behalf of a health care facility 16 which exceeds the capital expenditure minimum; however, any 17 capital expenditure made by or on behalf of a health care 18 facility for (i) the construction or modification of a 19 facility licensed under the Assisted Living and Shared Housing 20 Act or (ii) a conversion project undertaken in accordance with 21 Section 30 of the Older Adult Services Act shall be excluded 22 from any obligations under this Act. 23 "Discontinuation" means to, on a voluntary or involuntary 24 basis, cease the operation of a health care facility or 25 discontinue a category of service. 26 "Establish" means the construction of a health care SB3239 - 10 - LRB104 20078 SPS 33529 b 1 facility or the replacement of an existing health care 2 facility on another site or the initiation of a category of 3 service. 4 "Major medical equipment" means medical equipment which is 5 used for the provision of medical and other health services 6 and which costs in excess of the capital expenditure minimum, 7 except that such term does not include medical equipment 8 acquired by or on behalf of a clinical laboratory to provide 9 clinical laboratory services if the clinical laboratory is 10 independent of a physician's office and a hospital and it has 11 been determined under Title XVIII of the Social Security Act 12 to meet the requirements of paragraphs (10) and (11) of 13 Section 1861(s) of such Act. In determining whether medical 14 equipment has a value in excess of the capital expenditure 15 minimum, the value of studies, surveys, designs, plans, 16 working drawings, specifications, and other activities 17 essential to the acquisition of such equipment shall be 18 included. 19 "Capital expenditure" means an expenditure: (A) made by or 20 on behalf of a health care facility (as such a facility is 21 defined in this Act); and (B) which under generally accepted 22 accounting principles is not properly chargeable as an expense 23 of operation and maintenance, or is made to obtain by lease or 24 comparable arrangement any facility or part thereof or any 25 equipment for a facility or part; and which exceeds the 26 capital expenditure minimum. SB3239 - 11 - LRB104 20078 SPS 33529 b 1 For the purpose of this paragraph, the cost of any 2 studies, surveys, designs, plans, working drawings, 3 specifications, and other activities essential to the 4 acquisition, improvement, expansion, or replacement of any 5 plant or equipment with respect to which an expenditure is 6 made shall be included in determining if such expenditure 7 exceeds the capital expenditures minimum. Unless otherwise 8 interdependent, or submitted as one project by the applicant, 9 components of construction or modification undertaken by means 10 of a single construction contract or financed through the 11 issuance of a single debt instrument shall not be grouped 12 together as one project. Donations of equipment or facilities 13 to a health care facility which if acquired directly by such 14 facility would be subject to review under this Act shall be 15 considered capital expenditures, and a transfer of equipment 16 or facilities for less than fair market value shall be 17 considered a capital expenditure for purposes of this Act if a 18 transfer of the equipment or facilities at fair market value 19 would be subject to review. 20 "Capital expenditure minimum" means $11,500,000 for 21 projects by hospital applicants, $6,500,000 for applicants for 22 projects related to skilled and intermediate care long-term 23 care facilities licensed under the Nursing Home Care Act, and 24 $3,000,000 for projects by all other applicants, which shall 25 be annually adjusted to reflect the increase in construction 26 costs due to inflation, for major medical equipment and for SB3239 - 12 - LRB104 20078 SPS 33529 b 1 all other capital expenditures. 2 "Financial commitment" means the commitment of at least 3 33% of total funds assigned to cover total project cost, which 4 occurs by the actual expenditure of 33% or more of the total 5 project cost or the commitment to expend 33% or more of the 6 total project cost by signed contracts or other legal means. 7 "Non-clinical service area" means an area (i) for the 8 benefit of the patients, visitors, staff, or employees of a 9 health care facility and (ii) not directly related to the 10 diagnosis, treatment, or rehabilitation of persons receiving 11 services from the health care facility. "Non-clinical service 12 areas" include, but are not limited to, chapels; gift shops; 13 news stands; computer systems; tunnels, walkways, and 14 elevators; telephone systems; projects to comply with life 15 safety codes; educational facilities; components in a patient 16 care unit used as educational space, consultation and 17 touchdown rooms, and on-call rooms; student housing; patient, 18 employee, staff, and visitor dining areas; administration and 19 volunteer offices; modernization of structural components 20 (such as roof replacement and masonry work); boiler repair or 21 replacement; vehicle maintenance and storage facilities; 22 parking facilities; mechanical systems for heating, 23 ventilation, and air conditioning; loading docks; and repair 24 or replacement of carpeting, tile, wall coverings, window 25 coverings or treatments, or furniture. "Non-clinical service 26 area" does not include health and fitness centers, areas in a SB3239 - 13 - LRB104 20078 SPS 33529 b 1 patient care unit, or areas that are required by Department 2 licensing standards, including life safety code regulations, 3 such as hallways and other interdependent components to a 4 clinical area. 5 "Areawide" means a major area of the State delineated on a 6 geographic, demographic, and functional basis for health 7 planning and for health service and having within it one or 8 more local areas for health planning and health service. The 9 term "region", as contrasted with the term "subregion", and 10 the word "area" may be used synonymously with the term 11 "areawide". 12 "Local" means a subarea of a delineated major area that on 13 a geographic, demographic, and functional basis may be 14 considered to be part of such major area. The term "subregion" 15 may be used synonymously with the term "local". 16 "Physician" means a person licensed to practice in 17 accordance with the Medical Practice Act of 1987, as amended. 18 "Licensed health care professional" means a person 19 licensed to practice a health profession under pertinent 20 licensing statutes of the State of Illinois. 21 "Director" means the Director of the Illinois Department 22 of Public Health. 23 "Agency" or "Department" means the Illinois Department of 24 Public Health. 25 "Alternative health care model" means a facility or 26 program authorized under the Alternative Health Care Delivery SB3239 - 14 - LRB104 20078 SPS 33529 b 1 Act. 2 "Out-of-state facility" means a person that is both (i) 3 licensed as a hospital or as an ambulatory surgery center 4 under the laws of another state or that qualifies as a hospital 5 or an ambulatory surgery center under regulations adopted 6 pursuant to the Social Security Act and (ii) not licensed 7 under the Ambulatory Surgical Treatment Center Act, the 8 Hospital Licensing Act, or the Nursing Home Care Act. 9 Affiliates of out-of-state facilities shall be considered 10 out-of-state facilities. Affiliates of Illinois licensed 11 health care facilities 100% owned by an Illinois licensed 12 health care facility, its parent, or Illinois physicians 13 licensed to practice medicine in all its branches shall not be 14 considered out-of-state facilities. Nothing in this definition 15 shall be construed to include an office or any part of an 16 office of a physician licensed to practice medicine in all its 17 branches in Illinois that is not required to be licensed under 18 the Ambulatory Surgical Treatment Center Act. 19 "Change of ownership of a health care facility" means a 20 change in the person who has ownership or control of a health 21 care facility's physical plant and capital assets. A change in 22 ownership is indicated by the following transactions: sale, 23 transfer, acquisition, lease, change of sponsorship, or other 24 means of transferring control. 25 "Related person" means any person that: (i) is at least 26 50% owned, directly or indirectly, by either the health care SB3239 - 15 - LRB104 20078 SPS 33529 b 1 facility or a person owning, directly or indirectly, at least 2 50% of the health care facility; or (ii) owns, directly or 3 indirectly, at least 50% of the health care facility. 4 "Charity care" means care provided by a health care 5 facility for which the provider does not expect to receive 6 payment from the patient or a third-party payer. 7 "Freestanding emergency center" means a facility subject 8 to licensure under Section 32.5 of the Emergency Medical 9 Services (EMS) Systems Act. 10 "Category of service" means a grouping by generic class of 11 various types or levels of support functions, equipment, care, 12 or treatment provided to patients or residents, including, but 13 not limited to, classes such as medical-surgical, pediatrics, 14 or cardiac catheterization. A category of service may include 15 subcategories or levels of care that identify a particular 16 degree or type of care within the category of service. Nothing 17 in this definition shall be construed to include the practice 18 of a physician or other licensed health care professional 19 while functioning in an office providing for the care, 20 diagnosis, or treatment of patients. A category of service 21 that is subject to the Board's jurisdiction must be designated 22 in rules adopted by the Board. 23 "State Board Staff Report" means the document that sets 24 forth the review and findings of the State Board staff, as 25 prescribed by the State Board, regarding applications subject 26 to Board jurisdiction. SB3239 - 16 - LRB104 20078 SPS 33529 b 1 "Patient care unit" means a physically identifiable and 2 organized unit in a clearly defined administrative and 3 geographic area that meets applicable standards of service in 4 which nursing care and therapeutic services are provided on a 5 continuous basis and to which specific nursing and support 6 staff are assigned. "Patient care unit" does not include 7 education spaces, consultation and touchdown rooms, and 8 on-call rooms that are not required by Department licensing 9 standards. 10 "Provider" includes, but is not limited to, a hospital, 11 long-term care facility, end-stage renal dialysis facility, 12 ambulatory surgical treatment center, freestanding emergency 13 center, or birth center. 14 (Source: P.A. 104-365, eff. 1-1-26 .) 15 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154) 16 (Section scheduled to be repealed on December 31, 2029) 17 Sec. 4. Health Facilities and Services Review Board; 18 membership; appointment; term; compensation; quorum. 19 (a) There is created the Health Facilities and Services 20 Review Board, which shall perform the functions described in 21 this Act. The Department shall provide operational support to 22 the Board as necessary, including the provision of office 23 space, supplies, and clerical, financial, and accounting 24 services. The Board may contract for functions or operational 25 support as needed. The Board may also contract with experts SB3239 - 17 - LRB104 20078 SPS 33529 b 1 related to specific health services or facilities and create 2 technical advisory panels to assist in the development of 3 criteria, standards, and procedures used in the evaluation of 4 applications for permit and exemption. 5 (b) The State Board shall consist of 11 voting members. 6 All members shall be residents of Illinois and at least 4 shall 7 reside outside the Chicago Metropolitan Statistical Area 8 Census Data . Consideration shall be given to potential 9 appointees who reflect the ethnic and cultural diversity of 10 the State. Neither Board members nor Board staff shall be 11 convicted felons or have pled guilty to a felony. 12 Each member shall have a reasonable knowledge of the 13 practice, procedures and principles of the health care 14 delivery system in Illinois, including at least 5 members who 15 shall be knowledgeable about health care delivery systems, 16 health systems planning, finance, or the management of health 17 care facilities currently regulated under the Act. One member 18 shall be a representative of a non-profit health care consumer 19 advocacy organization. One member shall be a representative 20 from the community with experience on the effects of 21 discontinuing health care services or the closure of health 22 care facilities on the surrounding community; provided, 23 however, that all other members of the Board shall be 24 appointed before this member shall be appointed. A spouse, 25 parent, sibling, or child of a Board member cannot be an 26 employee, agent, or under contract with services or facilities SB3239 - 18 - LRB104 20078 SPS 33529 b 1 subject to the Act. Prior to appointment and in the course of 2 service on the Board, members of the Board shall disclose the 3 employment or other financial interest of any other relative 4 of the member, if known, in service or facilities subject to 5 the Act. Members of the Board shall declare any conflict of 6 interest that may exist with respect to the status of those 7 relatives and recuse themselves from voting on any issue for 8 which a conflict of interest is declared. No person shall be 9 appointed or continue to serve as a member of the State Board 10 who is, or whose spouse, parent, sibling, or child is, a member 11 of the Board of Directors of, has a financial interest in, or 12 has a business relationship with a health care facility. 13 Notwithstanding any provision of this Section to the 14 contrary, the term of office of each member of the State Board 15 serving on the day before the effective date of this 16 amendatory Act of the 96th General Assembly is abolished on 17 the date upon which members of the Board, as established by 18 this amendatory Act of the 96th General Assembly, have been 19 appointed and can begin to take action as a Board. 20 (c) The State Board shall be appointed by the Governor, 21 with the advice and consent of the Senate. Not more than 6 of 22 the appointments shall be of the same political party at the 23 time of the appointment. 24 The Secretary of Human Services, the Director of 25 Healthcare and Family Services, and the Director of Public 26 Health, or their designated representatives, shall serve as SB3239 - 19 - LRB104 20078 SPS 33529 b 1 ex-officio, non-voting members of the State Board. 2 (d) Of those members initially appointed by the Governor 3 following the effective date of this amendatory Act of the 4 96th General Assembly, 3 shall serve for terms expiring July 5 1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3 6 shall serve for terms expiring July 1, 2013. Thereafter, each 7 appointed member shall hold office for a term of 3 years, 8 provided that any member appointed to fill a vacancy occurring 9 prior to the expiration of the term for which his or her 10 predecessor was appointed shall be appointed for the remainder 11 of such term and the term of office of each successor shall 12 commence on July 1 of the year in which his predecessor's term 13 expires. Each member shall hold office until his or her 14 successor is appointed and qualified. The Governor may 15 reappoint a member for additional terms, but no member shall 16 serve more than 3 terms, subject to review and re-approval 17 every 3 years. 18 (e) State Board members, while serving on business of the 19 State Board, shall receive actual and necessary travel and 20 subsistence expenses while so serving away from their places 21 of residence. Until March 1, 2010, a member of the State Board 22 who experiences a significant financial hardship due to the 23 loss of income on days of attendance at meetings or while 24 otherwise engaged in the business of the State Board may be 25 paid a hardship allowance, as determined by and subject to the 26 approval of the Governor's Travel Control Board. SB3239 - 20 - LRB104 20078 SPS 33529 b 1 (f) The Governor shall designate one of the members to 2 serve as the Chairman of the Board, who shall be a person with 3 expertise in health care delivery system planning, finance or 4 management of health care facilities that are regulated under 5 the Act. The Chairman shall annually review Board member 6 performance and shall report the attendance record of each 7 Board member to the General Assembly. 8 (g) The State Board, through the Chairman, shall prepare a 9 separate and distinct budget approved by the General Assembly 10 and shall hire and supervise its own professional staff 11 responsible for carrying out the responsibilities of the 12 Board. 13 (h) The State Board shall meet at least every 45 days, or 14 as often as the Chairman of the State Board deems necessary, or 15 upon the request of a majority of the members. 16 (i) Six members of the State Board shall constitute a 17 quorum. The affirmative vote of 6 of the members of the State 18 Board shall be necessary for any action requiring a vote to be 19 taken by the State Board. A vacancy in the membership of the 20 State Board shall not impair the right of a quorum to exercise 21 all the rights and perform all the duties of the State Board as 22 provided by this Act. 23 (j) A State Board member shall disqualify himself or 24 herself from the consideration of any application for a permit 25 or exemption in which the State Board member or the State Board 26 member's spouse, parent, sibling, or child: (i) has an SB3239 - 21 - LRB104 20078 SPS 33529 b 1 economic interest in the matter; or (ii) is employed by, 2 serves as a consultant for, or is a member of the governing 3 board of the applicant or a party opposing the application. 4 (k) The Chairman, Board members, and Board staff must 5 comply with the Illinois Governmental Ethics Act. 6 (Source: P.A. 102-4, eff. 4-27-21.) 7 (20 ILCS 3960/4.2) 8 (Section scheduled to be repealed on December 31, 2029) 9 Sec. 4.2. Ex parte communications. 10 (a) Except in the disposition of matters that agencies are 11 authorized by law to entertain or dispose of on an ex parte 12 basis including, but not limited to rulemaking, the State 13 Board, any State Board member, employee, or a hearing officer 14 shall not engage in ex parte communication in connection with 15 the substance of any formally filed application for a permit 16 with any person or party or the representative of any party. 17 This subsection (a) applies when the Board, member, employee, 18 or administrative law judge hearing officer knows, or should 19 know upon reasonable inquiry, that the application or 20 exemption has been formally filed with the State Board. 21 Nothing in this Section shall prohibit State Board employees 22 staff members from providing technical assistance to 23 applicants. Nothing in this Section shall prohibit State Board 24 employees staff from verifying or clarifying an applicant's 25 information as it prepares the State Board Staff Report. Once SB3239 - 22 - LRB104 20078 SPS 33529 b 1 an application for permit or exemption is filed and deemed 2 complete, a written record of any communication between State 3 Board employees staff and an applicant shall be prepared by 4 staff and made part of the public record, using a prescribed, 5 standardized format, and shall be included in the application 6 file. 7 (b) A State Board member or employee may communicate with 8 other members or employees and any State Board member or 9 hearing officer may have the aid and advice of one or more 10 personal assistants. 11 (c) An ex parte communication received by the State Board, 12 any State Board member, employee, or an administrative law 13 judge a hearing officer shall be made a part of the record of 14 the matter, including all written communications, all written 15 responses to the communications, and a memorandum stating the 16 substance of all oral communications and all responses made 17 and the identity of each person from whom the ex parte 18 communication was received. 19 (d) "Ex parte communication" means any written or oral a 20 communication between a person who is not a State Board member 21 or employee and a State Board member or employee that imparts 22 or requests material information or makes a material argument 23 regarding potential action reflects on the substance of a 24 pending or impending permit or exemption application or State 25 Board proceeding and that takes place outside the open record 26 of the proceeding. "Ex parte communication" does not include: SB3239 - 23 - LRB104 20078 SPS 33529 b 1 (i) statements by a person publicly made in a public forum; 2 (ii) statements regarding matters of procedure and practice, 3 such as the format of application materials, the number of 4 copies required, the manner of filing, and the status of a 5 matter; and (iii) statements made between a State Board member 6 or employee and another State Board member or employee. 7 Communications regarding matters of procedure and practice, 8 such as the format of pleading, number of copies required, 9 manner of service, and status of proceedings, are not 10 considered ex parte communications. Technical assistance with 11 respect to an application, not intended to influence any 12 decision on the application, may be provided by employees to 13 the applicant. Any technical assistance shall be documented in 14 writing by the applicant and employees within 10 business days 15 after the technical assistance is provided and made part of 16 the open record . 17 (e) For purposes of this Section, "employee" means a 18 person the State Board or the Agency employs on a full-time, 19 part-time, contract, or intern basis. 20 (f) The State Board, State Board member, or administrative 21 law judge hearing examiner presiding over the proceeding, in 22 the event of a violation of this Section, must take whatever 23 action is necessary to ensure that the violation does not 24 prejudice any party or adversely affect the fairness of the 25 proceedings. 26 (g) Nothing in this Section shall be construed to prevent SB3239 - 24 - LRB104 20078 SPS 33529 b 1 the State Board or any member of the State Board from 2 consulting with the attorney for the State Board. 3 (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; 4 101-81, eff. 7-12-19.) 5 (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155) 6 (Section scheduled to be repealed on December 31, 2029) 7 Sec. 5. Construction, modification, or establishment of 8 health care facilities or acquisition of major medical 9 equipment; permits or exemptions. 10 (a) The State Board shall consider and decide applications 11 for permits and exemptions in a manner that protects access to 12 essential health care services, promotes orderly health 13 planning, and safeguards the public health and continuity of 14 care. 15 (b) No person shall construct, modify or establish a 16 health care facility or acquire major medical equipment 17 without first obtaining a permit or exemption from the State 18 Board. 19 (c) The Board may review the applicable criteria in the 20 consideration of any application for an exemption submitted 21 under this Act. The submission of an application and 22 information required by the State Board, as established by 23 rule, shall not obligate the State Board to grant an 24 exemption. Upon review and consideration, the State Board may 25 approve, deny, or defer for additional information an SB3239 - 25 - LRB104 20078 SPS 33529 b 1 application for an exemption, as deemed appropriate. If an 2 exemption is denied, the applicant shall file an application 3 for a permit. 4 (d) The State Board shall not delegate to the staff of the 5 State Board or any other person or entity the authority to 6 grant permits or exemptions whenever the staff or other person 7 or entity would be required to exercise any discretion 8 affecting the decision to grant a permit or exemption . 9 (e) The State Board may, by rule, delegate authority to 10 the Chairman to grant permits or exemptions when applications 11 meet all of the State Board's review criteria and are 12 unopposed. 13 (f) A permit or exemption shall be obtained prior to the 14 acquisition of major medical equipment or to the construction , 15 establishment, or modification of a health care facility 16 which: 17 (1) (a) requires a total capital expenditure in excess 18 of the capital expenditure minimum; or 19 (2) (b) substantially changes the scope or changes the 20 functional operation of the facility; or 21 (3) (c) changes the bed capacity of a health care 22 facility by increasing the total number of beds or by 23 distributing beds among various categories of service or 24 by relocating beds from one physical facility or site to 25 another by more than 20 beds or more than 10% of total bed 26 capacity as defined by the State Board, whichever is less, SB3239 - 26 - LRB104 20078 SPS 33529 b 1 over a 2-year period. 2 (g) A permit shall be valid only for the defined 3 construction or modification modifications , site determined by 4 legal street address or corresponding legal description , 5 project amount , and person or persons named in the application 6 for such permit. The State Board may approve the transfer of an 7 existing permit without regard to whether the permit to be 8 transferred has yet been financially committed, except for 9 permits to establish a new facility or category of service. A 10 permit shall be valid until such time as the project has been 11 completed, provided that the project commences and proceeds to 12 completion with due diligence by the completion date or 13 extension date approved by the Board. 14 (h) A permit holder must do the following: (i) submit the 15 final completion and cost report for the project within 90 16 days after the approved project completion date or extension 17 date and (ii) submit annual progress reports no earlier than 18 30 days before and no later than 30 days after each anniversary 19 date of the Board's approval of the permit until the project is 20 completed. To maintain a valid permit and to monitor progress 21 toward project commencement and completion, routine 22 post-permit reports shall be limited to annual progress 23 reports and the final completion and cost report. Annual 24 progress reports shall include information regarding the 25 committed funds expended toward the approved project. For 26 projects to be completed in 12 months or less, the permit SB3239 - 27 - LRB104 20078 SPS 33529 b 1 holder shall report financial commitment in the final 2 completion and cost report. For projects to be completed 3 between 12 to 24 months, the permit holder shall report 4 financial commitment in the first annual report. For projects 5 to be completed in more than 24 months, the permit holder shall 6 report financial commitment in the second annual progress 7 report. The report shall contain information regarding 8 expenditures and financial commitments. The State Board may 9 extend the financial commitment period after considering a 10 permit holder's showing of good cause and request for 11 additional time to complete the project. The State Board may 12 approve the transfer of an existing permit without regard to 13 whether the permit to be transferred has been financially 14 committed, except for permits to establish a new facility or 15 category of service. 16 The permit Certificate of Need process required under this 17 Act is designed to restrain rising health care costs by 18 preventing unnecessary construction or modification of health 19 care facilities. The Board must assure that the establishment, 20 construction, or modification of a health care facility or the 21 acquisition of major medical equipment is consistent with the 22 public interest and that the proposed project is consistent 23 with the orderly and economic development or acquisition of 24 those facilities and equipment and is in accord with the 25 standards, criteria, or plans of need adopted and approved by 26 the Board. Board decisions regarding the construction of SB3239 - 28 - LRB104 20078 SPS 33529 b 1 health care facilities must consider capacity, quality, value, 2 and equity. Projects may deviate from the costs, fees, and 3 expenses provided in their project cost information for the 4 project's cost components, provided that the final total 5 project cost does not exceed the approved permit amount. 6 Project alterations shall not increase the total approved 7 permit amount by more than the limit set forth under the 8 Board's rules. 9 The acquisition by any person of major medical equipment 10 that will not be owned by or located in a health care facility 11 and that will not be used to provide services to inpatients of 12 a health care facility shall be exempt from review provided 13 that a notice is filed in accordance with exemption 14 requirements. 15 Notwithstanding any other provision of this Act, no permit 16 or exemption is required for the construction or modification 17 of a non-clinical service area of a health care facility. 18 (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18 .) 19 (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156) 20 (Section scheduled to be repealed on December 31, 2029) 21 Sec. 6. Application for permit or exemption; exemption 22 regulations. 23 (a) An application for a permit or exemption shall be made 24 to the State Board upon forms provided by the State Board. This 25 application shall contain such information as the State Board SB3239 - 29 - LRB104 20078 SPS 33529 b 1 deems necessary. The State Board shall not require an 2 applicant to file a Letter of Intent before an application is 3 filed. Such application shall include affirmative evidence on 4 which the State Board or Chairman may make its decision on the 5 approval or denial of the permit or exemption , including, but 6 not limited to, affirmative evidence: 7 (1) that the applicant is fit, willing, and able to 8 provide a proper standard of health care service for the 9 community with regard to the qualification, background and 10 character of the applicant; 11 (2) that economic feasibility is demonstrated in terms 12 of effect on the existing and projected operating budget 13 of the applicant and of the health care facility, 14 including: 15 (A) the applicant's ability to establish and 16 operate the facility in accordance with licensure 17 regulations set forth in State law; and 18 (B) the projected impact on the total health care 19 expenditures in the facility and community; 20 (3) that safeguards are provided that assure that the 21 establishment, construction, or modification of the health 22 care facility or acquisition of major medical equipment is 23 consistent with the public interest; and 24 (4) that the proposed project is consistent with the 25 orderly and economic development of the facilities and 26 equipment and is in accord with standards, criteria, or SB3239 - 30 - LRB104 20078 SPS 33529 b 1 plans of need adopted and approved under Section 12 . 2 (b) The State Board shall establish by regulation the 3 procedures and criteria governing the submission, review, and 4 requirements regarding issuance of exemptions. The State Board 5 may determine whether an application meets the criteria for an 6 exemption and may approve, deny, or defer for additional 7 information an application for an exemption. The submission of 8 an application and information required by the State Board, as 9 established by rule, shall not obligate the State Board to 10 grant an exemption. If an exemption is denied, the applicant 11 shall file an application for a permit. An exemption shall be 12 approved when information required by the Board by rule is 13 submitted. Projects eligible for an exemption, rather than a 14 permit, include a , but are not limited to, change of ownership 15 of a health care facility and discontinuation of one a 16 category of service, other than a health care facility 17 maintained by the State or any agency or department thereof or 18 a nursing home maintained by a county. The Board may accept an 19 application for an exemption for the discontinuation of a 20 category of service at a health care facility only once in a 21 12-month 6-month period following (1) the previous application 22 for exemption at the same health care facility or (2) the final 23 decision of the Board regarding the discontinuation of a 24 category of service at the same health care facility, 25 whichever occurs later . A discontinuation of a category of 26 service shall otherwise require an application for a permit if SB3239 - 31 - LRB104 20078 SPS 33529 b 1 an application for an exemption has already been approved 2 accepted within the 12-month 6-month period. For a change of 3 ownership among related persons of a health care facility, the 4 State Board shall provide by rule for an expedited process for 5 obtaining an exemption. For the purposes of this Section, 6 "change of ownership among related persons" means a 7 transaction in which the parties to the transaction are under 8 common control or ownership before and after the transaction 9 is complete. 10 (c) All applications shall be signed by the applicant and 11 shall be verified by any 2 officers or authorized 12 representatives thereof. 13 (c-5) Any written review or findings of the Board staff 14 set forth in the State Board Staff Report concerning an 15 application for a permit must be made available to the public 16 and the applicant at least 14 calendar days before the meeting 17 of the State Board at which the review or findings are 18 considered. The applicant and members of the public may 19 submit, to the State Board, written responses regarding the 20 facts set forth in the review or findings of the Board staff. 21 Members of the public and the applicant shall have until 10 22 days before the meeting of the State Board to submit any 23 written response concerning the Board staff's written review 24 or findings. The Board staff may revise any findings to 25 address corrections of factual errors cited in the public 26 response. At the meeting, the State Board may, in its SB3239 - 32 - LRB104 20078 SPS 33529 b 1 discretion, permit the submission of other additional written 2 materials. 3 (d) Upon receipt of an application for a permit, the State 4 Board may determine whether an application meets the criteria 5 for a permit and may shall approve , deny, or defer for 6 additional information an application for a permit. and 7 authorize the issuance of a permit if it finds (1) that the 8 applicant is fit, willing, and able to provide a proper 9 standard of health care service for the community with 10 particular regard to the qualification, background and 11 character of the applicant, (2) that economic feasibility is 12 demonstrated in terms of effect on the existing and projected 13 operating budget of the applicant and of the health care 14 facility; in terms of the applicant's ability to establish and 15 operate such facility in accordance with licensure regulations 16 promulgated under pertinent state laws; and in terms of the 17 projected impact on the total health care expenditures in the 18 facility and community, (3) that safeguards are provided that 19 assure that the establishment, construction or modification of 20 the health care facility or acquisition of major medical 21 equipment is consistent with the public interest, and (4) that 22 the proposed project is consistent with the orderly and 23 economic development of such facilities and equipment and is 24 in accord with standards, criteria, or plans of need adopted 25 and approved pursuant to the provisions of Section 12 of this 26 Act. SB3239 - 33 - LRB104 20078 SPS 33529 b 1 (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; 2 101-83, eff. 7-15-19.) 3 (20 ILCS 3960/6.2) 4 (Section scheduled to be repealed on December 31, 2029) 5 Sec. 6.2. Review of permits and exemptions; public 6 hearings ; State Board Staff Reports. 7 (a) Upon receipt of an application for an exemption or a 8 permit to establish, construct, or modify a health care 9 facility, the State Board staff shall notify the applicant in 10 writing within 10 business working days either that the 11 application is or is not substantially complete. If the 12 application is substantially complete, the State Board staff 13 shall notify the applicant of the beginning of the review 14 process. If the application is not substantially complete, the 15 Board staff shall explain within the 10-day period why the 16 application is incomplete. 17 (b) The State Board staff shall afford a reasonable amount 18 of time as established by the State Board, but not to exceed 19 120 days, for the review of the application. The 120-day 20 period begins on the day the application is found to be 21 substantially complete, as that term is defined by the State 22 Board. During the 120-day period, the applicant may request an 23 extension. An applicant may modify the application , as 24 established by the State Board by rule, at any time before a 25 final administrative decision has been made on the SB3239 - 34 - LRB104 20078 SPS 33529 b 1 application. 2 The State Board staff shall submit its State Board Staff 3 Report to the State Board for its decision-making regarding 4 approval or denial of the permit. 5 (c) When an application for an exemption or a permit is 6 initially reviewed by State Board staff, as provided in this 7 Section, the State Board shall, upon request by the applicant 8 or an interested person, afford an opportunity for a public 9 hearing within a reasonable amount of time after receipt of 10 the complete application, but not to exceed 90 days after 11 receipt of the complete application. Notice of the hearing 12 shall be made promptly, not less than 10 business days before 13 the hearing, by certified mail to the applicant and, not less 14 than 10 business days before the hearing, by publication on 15 the State Board's website, in the principal office and 16 website, if available, of the local government a newspaper of 17 general circulation in the area or community to be affected , 18 and in the location where the meeting is to be held . The 19 hearing shall be held in the area or community in which the 20 proposed project is to be located and shall be for the purpose 21 of allowing the applicant and any interested person to present 22 public testimony concerning the approval, denial, renewal, or 23 revocation of the permit or exemption . All interested persons 24 attending the hearing shall be given a reasonable opportunity 25 to present their views or arguments in writing or orally, and a 26 record of all of the testimony shall accompany any findings of SB3239 - 35 - LRB104 20078 SPS 33529 b 1 the State Board staff. The State Board shall adopt reasonable 2 rules and regulations governing the procedure and conduct of 3 the hearings. 4 (d) The staff of the State Board shall submit its State 5 Board Staff Report to the State Board for approval or denial of 6 the permit or exemption. 7 (Source: P.A. 99-114, eff. 7-23-15; 100-681, eff. 8-3-18 .) 8 (20 ILCS 3960/8.5) 9 (Section scheduled to be repealed on December 31, 2029) 10 Sec. 8.5. Certificate of exemption for change of ownership 11 of a health care facility; discontinuation of a category of 12 service; public notice and public hearing. 13 (a) The State Board may grant, deny, or defer for 14 additional information an application for a certificate of 15 exemption for a change of ownership or the discontinuation of 16 one category of service. The State Board's determination shall 17 be based on a review and consideration of the applicable 18 criteria, application and supporting documentation, State 19 Board Staff Report, public comment, public hearing testimony, 20 and any other information that State Board deems relevant. If 21 an application for a certificate of exemption is denied, the 22 applicant shall file an application for a permit. 23 (a-2) (a) Upon a finding that an application for a change 24 of ownership is complete, the State Board shall publish a 25 legal notice on 3 consecutive days on the State Board's SB3239 - 36 - LRB104 20078 SPS 33529 b 1 website and in the principal office and website, if available, 2 of the local government in the area or community to be affected 3 in a newspaper of general circulation in the area or community 4 to be affected and afford the public an opportunity to request 5 a hearing. If the application is for a facility located in a 6 Metropolitan Statistical Area, an additional legal notice 7 shall be published in a newspaper of limited circulation, if 8 one exists, in the area in which the facility is located. If 9 the newspaper of limited circulation is published on a daily 10 basis, the additional legal notice shall be published on 3 11 consecutive days. The applicant shall pay the cost incurred by 12 the Board in publishing the change of ownership notice in 13 newspapers as required under this subsection. The legal notice 14 shall also be posted on the Health Facilities and Services 15 Review Board's web site and sent to the State Representative 16 and State Senator of the district in which the health care 17 facility is located and to the Office of the Attorney General. 18 An application for change of ownership of a hospital shall not 19 be deemed complete without a signed certification that for a 20 period of 2 years after the change of ownership transaction is 21 effective, the hospital will not adopt a charity care policy 22 that is more restrictive than the policy in effect during the 23 year prior to the transaction. An application for a change of 24 ownership shall contain the proposed need not contain signed 25 transaction documents or, if not available at the time of 26 filing, at a minimum, include so long as it includes the SB3239 - 37 - LRB104 20078 SPS 33529 b 1 following key terms of the transaction: names and background 2 of the parties; structure of the transaction; the person who 3 will be the licensed or certified entity or operator after the 4 transaction; the ownership or membership interests in such 5 licensed or certified entity both prior to and after the 6 transaction; fair market value of assets to be transferred; 7 and the purchase price or other form of consideration to be 8 provided for those assets. Upon the The issuance of the 9 certificate of exemption shall be contingent upon the 10 applicant shall submit submitting a statement to the Board 11 within 90 days after the closing date of the transaction, or 12 such longer period as provided by the Board, certifying that 13 the change of ownership has been completed in accordance with 14 the key terms contained in the application. If such key terms 15 of the transaction change, a new application shall be 16 required. 17 Where a change of ownership is among related persons, and 18 there are no other changes being proposed at the health care 19 facility that would otherwise require a permit or exemption 20 under this Act, the applicant shall submit an application 21 consisting of a standard notice in a form set forth by the 22 Board briefly explaining the reasons for the proposed change 23 of ownership. Once such an application is submitted to the 24 Board and reviewed by the Board staff, the State Board Chair 25 shall take action on an application for an exemption for a 26 change of ownership among related persons at the next meeting SB3239 - 38 - LRB104 20078 SPS 33529 b 1 within 45 days after the application has been deemed complete, 2 provided the application meets the applicable standards under 3 this Section. If the Board Chair has a conflict of interest or 4 for other good cause, the Chair may request review by the 5 Board. Notwithstanding any other provision of this Act, for 6 purposes of this Section, a change of ownership among related 7 persons means a transaction where the parties to the 8 transaction are under common control or ownership before and 9 after the transaction is completed. 10 Nothing in this Act shall be construed as authorizing the 11 Board to impose any conditions, obligations, or limitations, 12 other than those required by this Section, with respect to the 13 issuance of an exemption for a change of ownership, including, 14 but not limited to, the time period before which a subsequent 15 change of ownership of the health care facility could be 16 sought, or the commitment to continue to offer for a specified 17 time period any services currently offered by the health care 18 facility. 19 The changes made by this amendatory Act of the 103rd 20 General Assembly are inoperative on and after January 1, 2027. 21 (a-3) (Blank). 22 (a-5) Upon a finding that an application to discontinue a 23 category of service is complete and provides the requested 24 information, as specified by the State Board, an exemption 25 shall be issued. No later than 30 days after the approval 26 issuance of the exemption by the State Board , the health care SB3239 - 39 - LRB104 20078 SPS 33529 b 1 facility must give written notice of the discontinuation of 2 the category of service to the State Senator and State 3 Representative serving the legislative district in which the 4 health care facility is located. No later than 90 days after a 5 discontinuation of a category of service, the applicant must 6 submit a statement to the State Board certifying that the 7 discontinuation is complete. 8 (b) If a public hearing is requested, it shall be held at 9 least 15 days but no more than 30 days after the date of 10 publication of the legal notice in the community in which the 11 facility is located. The hearing shall be held in the affected 12 area or community in a place of reasonable size and 13 accessibility and a full and complete written transcript of 14 the proceedings shall be made. All interested persons 15 attending the hearing shall be given a reasonable opportunity 16 to present their positions in writing or orally. The applicant 17 shall provide a summary or describe the proposed change of 18 ownership at the public hearing. 19 (c) (Blank). For the purposes of this Section "newspaper 20 of limited circulation" means a newspaper intended to serve a 21 particular or defined population of a specific geographic area 22 within a Metropolitan Statistical Area such as a municipality, 23 town, village, township, or community area, but does not 24 include publications of professional and trade associations. 25 (d) The changes made to this Section by this amendatory 26 Act of the 101st General Assembly shall apply to all SB3239 - 40 - LRB104 20078 SPS 33529 b 1 applications submitted after the effective date of this 2 amendatory Act of the 101st General Assembly. 3 (Source: P.A. 103-526, eff. 1-1-24 .) 4 (20 ILCS 3960/8.7) 5 (Section scheduled to be repealed on December 31, 2029) 6 Sec. 8.7. Application for permit for discontinuation of a 7 health care facility or category of service; public notice and 8 public hearing. 9 (a) The State Board may grant, deny, or defer for 10 additional information an application for a permit for a 11 discontinuation of a health care facility or more than one 12 category of service simultaneously. The State Board's 13 determination shall be based on a review and consideration of 14 the applicable criteria, application and supporting 15 documentation, State Board Staff Report, public comment, 16 public hearing testimony, and any other information that the 17 State Board deems relevant. 18 (a-5) (a) Upon a finding that an application to 19 discontinue close a health care facility or discontinue more 20 than one categories a category of service is complete, the 21 State Board shall publish a legal notice on the State Board's 22 website and in the principal office and website, if available, 23 of the local government in the area or community to be affected 24 3 consecutive days in a newspaper of general circulation in 25 the area or community to be affected and afford the public an SB3239 - 41 - LRB104 20078 SPS 33529 b 1 opportunity to request a hearing. If the application is for a 2 facility located in a Metropolitan Statistical Area, an 3 additional legal notice shall be published in a newspaper of 4 limited circulation, if one exists, in the area in which the 5 facility is located. If the newspaper of limited circulation 6 is published on a daily basis, the additional legal notice 7 shall be published on 3 consecutive days. The legal notice 8 shall also be posted on the Health Facilities and Services 9 Review Board's website and sent to the State Representative 10 and State Senator of the district in which the health care 11 facility is located. In addition, the health care facility 12 shall provide notice of closure to the local media that the 13 health care facility would routinely notify about facility 14 events. 15 An application to close a health care facility shall only 16 be deemed complete if it includes evidence that the health 17 care facility provided written notice at least 30 days prior 18 to filing the application of its intent to do so to the 19 municipality in which it is located, the State Representative 20 and State Senator of the district in which the health care 21 facility is located, the State Board, the Director of Public 22 Health, and the Director of Healthcare and Family Services. 23 The changes made to this subsection by this amendatory Act of 24 the 101st General Assembly shall apply to all applications 25 submitted after the effective date of this amendatory Act of 26 the 101st General Assembly. SB3239 - 42 - LRB104 20078 SPS 33529 b 1 (b) No later than 30 days after issuance of a permit to 2 discontinue close a health care facility or discontinue more 3 than one category a category of service, the permit holder 4 shall give written notice of the closure or discontinuation to 5 the State Senator and State Representative serving the 6 legislative district in which the health care facility is 7 located. 8 (c) (1) If there is a pending lawsuit that challenges an 9 application to discontinue a health care facility that either 10 names the Board as a party or alleges fraud in the filing of 11 the application, the Board may defer action on the application 12 until all litigation related to the application is complete 13 for up to 6 months after the date of the initial deferral of 14 the application . 15 (2) The Board may defer action on an application to 16 discontinue a hospital that is pending before the Board as of 17 the effective date of this amendatory Act of the 102nd General 18 Assembly for up to 60 days after the effective date of this 19 amendatory Act of the 102nd General Assembly. 20 (3) The Board may defer taking final action on an 21 application to discontinue a hospital that is filed on or 22 after January 12, 2021, until the earlier to occur of: (i) the 23 expiration of the statewide disaster declaration proclaimed by 24 the Governor of the State of Illinois due to the COVID-19 25 pandemic that is in effect on January 12, 2021, or any 26 extension thereof, or July 1, 2021, whichever occurs later; or SB3239 - 43 - LRB104 20078 SPS 33529 b 1 (ii) the expiration of the declaration of a public health 2 emergency due to the COVID-19 pandemic as declared by the 3 Secretary of the U.S. Department of Health and Human Services 4 that is in effect on January 12, 2021, or any extension 5 thereof, or July 1, 2021, whichever occurs later. This 6 paragraph (3) is repealed as of the date of the expiration of 7 the statewide disaster declaration proclaimed by the Governor 8 of the State of Illinois due to the COVID-19 pandemic that is 9 in effect on January 12, 2021, or any extension thereof, or 10 July 1, 2021, whichever occurs later. 11 (d) (Blank). The changes made to this Section by this 12 amendatory Act of the 101st General Assembly shall apply to 13 all applications submitted after the effective date of this 14 amendatory Act of the 101st General Assembly. 15 (e) An application for a permit under this Section is 16 required for the discontinuation of a hospital regardless of 17 whether the facility is licensed independently or licensed 18 under a dual campus license. 19 (Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20; 20 102-4, eff. 4-27-21.) 21 (20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160) 22 (Section scheduled to be repealed on December 31, 2029) 23 Sec. 10. Administrative hearings following an initial 24 denial or revocation of a permit. Presenting information 25 relevant to the approval of a permit or certificate or in SB3239 - 44 - LRB104 20078 SPS 33529 b 1 opposition to the denial of the application; notice of outcome 2 and review proceedings. When a motion by the State Board, to 3 approve an application for a permit, fails to pass, the 4 applicant or the holder of the permit, as the case may be, and 5 such other parties as the State Board permits, will be given an 6 opportunity to appear before the State Board and present such 7 information as may be relevant to the approval of a permit. 8 Subsequent to an appearance by the applicant before the 9 State Board or default of such opportunity to appear, a motion 10 by the State Board to approve an application for a permit which 11 fails to pass shall be considered an initial denial of the 12 application for a permit, as the case may be. Such action of an 13 initial denial or an action by the State Board to revoke a 14 permit shall be communicated to the applicant or holder of the 15 permit. Such person or organization shall be afforded an 16 opportunity for a hearing before an administrative law judge, 17 who is appointed by the Chairman of the State Board. A written 18 notice of a request for such hearing shall be served upon the 19 Chairman of the State Board or the Agency within 30 days 20 following notification of the decision of the State Board. The 21 administrative law judge shall take actions necessary to 22 ensure that the hearing is completed within a reasonable 23 period of time, but not to exceed 120 days, except for delays 24 or continuances agreed to by the person requesting the 25 hearing. Following its consideration of the report of the 26 hearing, or upon default of the party to the hearing, the State SB3239 - 45 - LRB104 20078 SPS 33529 b 1 Board shall make its final determination, specifying its 2 findings and conclusions within 90 days of receiving the 3 written report of the hearing. A copy of such determination 4 shall be sent by certified mail or served personally upon the 5 party. 6 A full and complete record shall be kept of all 7 administrative hearing proceedings, including the notice of 8 hearing, complaint, and all other documents in the nature of 9 pleadings, written motions filed in the proceedings, and the 10 report and orders of the State Board or hearing officer. All 11 testimony shall be reported by either a court reporter or some 12 other reliable means of recording but need not be transcribed 13 unless the decision is appealed in accordance with the 14 Administrative Review Law, as now or hereafter amended. A copy 15 or copies of the administrative hearing transcript may be 16 obtained by any interested party granted the right to 17 intervene on payment of the cost of preparing such copy or 18 copies. 19 The State Board or administrative law judge hearing 20 officer shall upon its own or the administrative law judge's 21 his motion, or on the written request of any party to the 22 administrative hearing proceeding who has, in the State 23 Board's or administrative law judge's hearing officer's 24 opinion, demonstrated the relevancy of such request to the 25 outcome of the proceedings, issue subpoenas requiring the 26 attendance and the giving of testimony by witnesses, and SB3239 - 46 - LRB104 20078 SPS 33529 b 1 subpoenas duces tecum requiring the production of books, 2 papers, records, or memoranda. The fees of witnesses for 3 attendance and travel shall be the same as the fees of 4 witnesses before the circuit court of this State. 5 When the witness is subpoenaed at the instance of the 6 State Board, or its administrative law judge hearing officer , 7 such fees shall be paid in the same manner as other expenses of 8 the State Board, and when the witness is subpoenaed at the 9 instance of any other party to any such proceeding the State 10 Board may, in accordance with its rules, require that the cost 11 of service of the subpoena or subpoena duces tecum and the fee 12 of the witness be borne by the party at whose instance the 13 witness is summoned. In such case, the State Board in its 14 discretion, may require a deposit to cover the cost of such 15 service and witness fees. A subpoena or subpoena duces tecum 16 so issued shall be served in the same manner as a subpoena 17 issued out of a court. 18 Any circuit court of this State upon the application of 19 the State Board or upon the application of any other party to 20 the administrative hearing proceeding, may, in its discretion, 21 compel the attendance of witnesses, the production of books, 22 papers, records, or memoranda and the giving of testimony 23 before it or its administrative law judge hearing officer 24 conducting an investigation or holding a hearing authorized by 25 this Act, by an attachment for contempt, or otherwise, in the 26 same manner as production of evidence may be compelled before SB3239 - 47 - LRB104 20078 SPS 33529 b 1 the court. 2 (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18 .) 3 (20 ILCS 3960/11) (from Ch. 111 1/2, par. 1161) 4 (Section scheduled to be repealed on December 31, 2029) 5 Sec. 11. Any person who is adversely affected by a final 6 decision of the State Board may have such decision judicially 7 reviewed. The provisions of the Administrative Review Law, as 8 now or hereafter amended, and the rules adopted pursuant 9 thereto shall apply to and govern all proceedings for the 10 judicial review of final administrative decisions of the State 11 Board. The term "administrative decisions" is as defined in 12 Section 3-101 of the Code of Civil Procedure. In order to 13 comply with subsection (b) of Section 3-108 of the 14 Administrative Review Law of the Code of Civil Procedure, upon 15 the filing of an administrative judicial review action, the 16 State Board shall transcribe each State Board meeting using a 17 certified court reporter. The transcript shall contain the 18 record of the findings and decisions of the State Board. 19 (Source: P.A. 98-1086, eff. 8-26-14 .) 20 (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162) 21 (Section scheduled to be repealed on December 31, 2029) 22 Sec. 12. Powers and duties of State Board. For purposes of 23 this Act, the State Board shall exercise the following powers 24 and duties: SB3239 - 48 - LRB104 20078 SPS 33529 b 1 (1) Prescribe rules, regulations, standards, criteria, 2 procedures or reviews which may vary according to the 3 purpose for which a particular review is being conducted 4 or the type of project reviewed and which are required to 5 carry out the provisions and purposes of this Act. 6 Policies and procedures of the State Board shall take into 7 consideration the priorities and needs of medically 8 underserved areas and other health care services, giving 9 special consideration to the impact of projects on access 10 to safety net services. 11 (2) Adopt procedures for public notice and hearing on 12 all proposed rules, regulations, standards, criteria, and 13 plans required to carry out the provisions of this Act. 14 (3) (Blank). 15 (4) Develop criteria and standards for health care 16 facilities planning, conduct statewide inventories of 17 health care facilities, maintain an updated inventory on 18 the Board's web site reflecting the most recent bed and 19 service changes and updated need determinations when new 20 census data become available or new need formulae are 21 adopted, and develop health care facility plans which 22 shall be utilized in the review of applications for permit 23 under this Act. Such health facility plans shall be 24 coordinated by the Board with pertinent State Plans. 25 Inventories pursuant to this Section of skilled or 26 intermediate care facilities licensed under the Nursing SB3239 - 49 - LRB104 20078 SPS 33529 b 1 Home Care Act, skilled or intermediate care facilities 2 licensed under the ID/DD Community Care Act, skilled or 3 intermediate care facilities licensed under the MC/DD Act, 4 facilities licensed under the Specialized Mental Health 5 Rehabilitation Act of 2013, or nursing homes licensed 6 under the Hospital Licensing Act shall be conducted on an 7 annual basis no later than July 1 of each year and shall 8 include among the information requested a list of all 9 services provided by a facility to its residents and to 10 the community at large and differentiate between active 11 and inactive beds. 12 In developing health care facility plans, the State 13 Board shall consider, but shall not be limited to, the 14 following: 15 (a) The size, composition and growth of the 16 population of the area to be served; 17 (b) The number of existing and planned facilities 18 offering similar programs; 19 (c) The extent of utilization of existing 20 facilities; 21 (d) The availability of facilities which may serve 22 as alternatives or substitutes; 23 (e) The availability of personnel necessary to the 24 operation of the facility; 25 (f) Multi-institutional planning and the 26 establishment of multi-institutional systems where SB3239 - 50 - LRB104 20078 SPS 33529 b 1 feasible; 2 (g) The financial and economic feasibility of 3 proposed construction or modification; and 4 (h) In the case of health care facilities 5 established by a religious body or denomination, the 6 needs of the members of such religious body or 7 denomination may be considered to be public need. 8 The health care facility plans which are developed and 9 adopted in accordance with this Section shall form the 10 basis for the plan of the State to deal most effectively 11 with statewide health needs in regard to health care 12 facilities. 13 (5) Coordinate with other state agencies having 14 responsibilities affecting health care facilities, 15 including those of licensure and cost reporting. 16 (6) Solicit, accept, hold and administer on behalf of 17 the State any grants or bequests of money, securities or 18 property for use by the State Board in the administration 19 of this Act; and enter into contracts consistent with the 20 appropriations for purposes enumerated in this Act. 21 (7) (Blank). 22 (8) Prescribe rules, regulations, standards, and 23 criteria for the conduct of an expeditious review of 24 applications for permits for projects of construction or 25 modification of a health care facility, which projects are 26 classified as emergency, substantive, or non-substantive SB3239 - 51 - LRB104 20078 SPS 33529 b 1 in nature. 2 Substantive projects shall include no more than the 3 following: 4 (a) Projects to construct (1) a new or replacement 5 facility located on a new site or (2) a replacement 6 facility located on the same site as the original 7 facility and the cost of the replacement facility 8 exceeds the capital expenditure minimum, which shall 9 be reviewed by the Board within 120 days; 10 (b) Projects proposing a (1) new service within an 11 existing healthcare facility or (2) discontinuation of 12 a service within an existing healthcare facility, 13 which shall be reviewed by the Board within 60 days; or 14 (c) Projects proposing a change in the bed 15 capacity of a health care facility by an increase in 16 the total number of beds or by a redistribution of beds 17 among various categories of service or by a relocation 18 of beds from one physical facility or site to another 19 by more than 20 beds or more than 10% of total bed 20 capacity, as defined by the State Board, whichever is 21 less, over a 2-year period. 22 The Chairman may approve applications for exemption 23 that meet the criteria set forth in rules or refer them to 24 the full Board. The Chairman may approve any unopposed 25 application for permit that meets all of the review 26 criteria or refer them to the full Board. SB3239 - 52 - LRB104 20078 SPS 33529 b 1 Such rules shall not prevent the conduct of a public 2 hearing upon the timely request of an interested party. 3 Such reviews shall not exceed 60 days from the date the 4 application is declared to be complete. 5 (9) Prescribe rules, regulations, standards, and 6 criteria pertaining to the granting of permits for 7 construction and modifications which are emergent in 8 nature and must be undertaken immediately to prevent or 9 correct structural deficiencies or hazardous conditions 10 that may harm or injure persons using the facility, as 11 defined in the rules and regulations of the State Board. 12 This procedure is exempt from public hearing requirements 13 of this Act. 14 (10) Prescribe rules, regulations, standards and 15 criteria for the conduct of an expeditious review, not 16 exceeding 60 days, of applications for permits for 17 projects to construct or modify health care facilities 18 which are needed for the care and treatment of persons who 19 have acquired immunodeficiency syndrome (AIDS) or related 20 conditions. 21 (10.5) Provide its basis or rationale when voting on 22 an item before it at a State Board meeting in order to 23 comply with subsection (b) of Section 3-108 of the Code of 24 Civil Procedure. 25 (11) Issue written decisions upon request of the 26 applicant or an adversely affected party to the Board. SB3239 - 53 - LRB104 20078 SPS 33529 b 1 Requests for a written decision shall be made within 15 2 days after the Board meeting in which a final decision has 3 been made. A "final decision" for purposes of this Act is 4 the decision to approve or deny an application, or take 5 other actions permitted under this Act, at the time and 6 date of the meeting that such action is scheduled by the 7 Board. The transcript of the State Board meeting shall be 8 incorporated into the Board's final decision. The staff of 9 the Board shall prepare a written copy of the final 10 decision and the Board shall approve a final copy for 11 inclusion in the formal record. The Board shall consider, 12 for approval, the written draft of the final decision no 13 later than the next scheduled Board meeting. The written 14 decision shall identify the applicable criteria and 15 factors listed in this Act and the Board's regulations 16 that were taken into consideration by the Board when 17 coming to a final decision. If the Board denies or fails to 18 approve an application for permit or exemption, the Board 19 shall Prepare and include in the final decision of a 20 denial or non-approval of a permit a detailed explanation 21 as to why the application was denied and identify what 22 specific criteria or standards the applicant did not meet 23 fulfill . 24 (12) (Blank). 25 (13) Provide a mechanism for the public to comment on, 26 and request changes to, draft rules and standards. SB3239 - 54 - LRB104 20078 SPS 33529 b 1 (14) Implement public information campaigns to 2 regularly inform the general public about the opportunity 3 for public hearings and public hearing procedures. 4 (15) Establish a separate set of rules and guidelines 5 for long-term care that recognizes that nursing homes are 6 a different business line and service model from other 7 regulated facilities. An open and transparent process 8 shall be developed that considers the following: how 9 skilled nursing fits in the continuum of care with other 10 care providers, modernization of nursing homes, 11 establishment of more private rooms, development of 12 alternative services, and current trends in long-term care 13 services. The Chairman of the Board shall appoint a 14 permanent Health Services Review Board Long-term Care 15 Facility Advisory Subcommittee that shall develop and 16 recommend to the Board the rules to be established by the 17 Board under this paragraph (15). The Subcommittee shall 18 also provide continuous review and commentary on policies 19 and procedures relative to long-term care and the review 20 of related projects. The Subcommittee shall make 21 recommendations to the Board no later than January 1, 2016 22 and every January thereafter pursuant to the 23 Subcommittee's responsibility for the continuous review 24 and commentary on policies and procedures relative to 25 long-term care. In consultation with other experts from 26 the health field of long-term care, the Board and the SB3239 - 55 - LRB104 20078 SPS 33529 b 1 Subcommittee shall study new approaches to the current bed 2 need formula and Health Service Area boundaries to 3 encourage flexibility and innovation in design models 4 reflective of the changing long-term care marketplace and 5 consumer preferences and submit its recommendations to the 6 Chairman of the Board no later than January 1, 2017. The 7 Subcommittee shall evaluate, and make recommendations to 8 the State Board regarding, the buying, selling, and 9 exchange of beds between long-term care facilities within 10 a specified geographic area or drive time. The Board shall 11 file the proposed related administrative rules for the 12 separate rules and guidelines for long-term care required 13 by this paragraph (15) by no later than September 30, 14 2011. The Subcommittee shall be provided a reasonable and 15 timely opportunity to review and comment on any review, 16 revision, or updating of the criteria, standards, 17 procedures, and rules used to evaluate project 18 applications as provided under Section 12.3 of this Act. 19 The Chairman of the Board shall appoint voting members 20 of the Subcommittee, who shall serve for a period of 3 21 years, with one-third of the terms expiring each January, 22 to be determined by lot. Appointees shall include, but not 23 be limited to, recommendations from each of the 3 24 statewide long-term care associations, with an equal 25 number to be appointed from each. Compliance with this 26 provision shall be through the appointment and SB3239 - 56 - LRB104 20078 SPS 33529 b 1 reappointment process. All appointees serving as of April 2 1, 2015 shall serve to the end of their term as determined 3 by lot or until the appointee voluntarily resigns, 4 whichever is earlier. 5 One representative from the Department of Public 6 Health, the Department of Healthcare and Family Services, 7 the Department on Aging, and the Department of Human 8 Services may each serve as an ex-officio non-voting member 9 of the Subcommittee. The Chairman of the Board shall 10 select a Subcommittee Chair, who shall serve for a period 11 of 3 years. 12 (16) Prescribe the format of the State Board Staff 13 Report. A State Board Staff Report shall pertain to 14 applications that include, but are not limited to, 15 applications for permit or exemption, applications for 16 permit renewal, applications for extension of the 17 financial commitment period, applications requesting a 18 declaratory ruling, or applications under the Health Care 19 Worker Self-Referral Act. State Board Staff Reports shall 20 compare applications to the relevant review criteria under 21 the Board's rules. 22 (17) Establish a separate set of rules and guidelines 23 for facilities licensed under the Specialized Mental 24 Health Rehabilitation Act of 2013. An application for the 25 re-establishment of a facility in connection with the 26 relocation of the facility shall not be granted unless the SB3239 - 57 - LRB104 20078 SPS 33529 b 1 applicant has a contractual relationship with at least one 2 hospital to provide emergency and inpatient mental health 3 services required by facility consumers, and at least one 4 community mental health agency to provide oversight and 5 assistance to facility consumers while living in the 6 facility, and appropriate services, including case 7 management, to assist them to prepare for discharge and 8 reside stably in the community thereafter. No new 9 facilities licensed under the Specialized Mental Health 10 Rehabilitation Act of 2013 shall be established after June 11 16, 2014 (the effective date of Public Act 98-651) except 12 in connection with the relocation of an existing facility 13 to a new location. An application for a new location shall 14 not be approved unless there are adequate community 15 services accessible to the consumers within a reasonable 16 distance, or by use of public transportation, so as to 17 facilitate the goal of achieving maximum individual 18 self-care and independence. At no time shall the total 19 number of authorized beds under this Act in facilities 20 licensed under the Specialized Mental Health 21 Rehabilitation Act of 2013 exceed the number of authorized 22 beds on June 16, 2014 (the effective date of Public Act 23 98-651). 24 (18) Elect a Vice Chairman to preside over State Board 25 meetings and otherwise act in place of the Chairman when 26 the Chairman is unavailable. SB3239 - 58 - LRB104 20078 SPS 33529 b 1 (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; 2 101-83, eff. 7-15-19.) 3 (20 ILCS 3960/12.2) 4 (Section scheduled to be repealed on December 31, 2029) 5 Sec. 12.2. Powers of the State Board staff. For purposes 6 of this Act, the staff shall exercise the following powers and 7 duties: 8 (1) Review applications for permits and exemptions in 9 accordance with the standards, criteria, and plans of need 10 established by the State Board under this Act and certify 11 its finding to the State Board. 12 (1.5) Post the following on the Board's web site: 13 relevant (i) rules, (ii) standards, (iii) criteria, (iv) 14 State norms, (v) references used by Board staff in making 15 determinations about whether application criteria are met, 16 and (vi) notices of project-related filings, including 17 notice of public comments related to the application. 18 (2) Charge and collect an amount determined by the 19 State Board and the staff to be reasonable fees for the 20 processing of applications by the State Board. The State 21 Board shall set the amounts by rule. Application fees for 22 continuing care retirement communities, and other health 23 care models that include regulated and unregulated 24 components, shall apply only to those components subject 25 to regulation under this Act. All fees and fines collected SB3239 - 59 - LRB104 20078 SPS 33529 b 1 under the provisions of this Act shall be deposited into 2 the Illinois Health Facilities Planning Fund to be used 3 for the expenses of administering this Act. 4 (2.1) Publish the following reports on the State Board 5 website: 6 (A) An annual accounting, aggregated by category 7 and with names of parties redacted, of fees, fines, 8 and other revenue collected as well as expenses 9 incurred, in the administration of this Act. 10 (B) An annual report, with names of the parties 11 redacted, that summarizes all settlement agreements 12 entered into with the State Board that resolve an 13 alleged instance of noncompliance with State Board 14 requirements under this Act. 15 (C) (Blank). 16 (D) Board reports showing the degree to which an 17 application conforms to the review standards, a 18 summation of relevant public testimony, and any 19 additional information that staff wants to 20 communicate. 21 (3) Coordinate with other State agencies having 22 responsibilities affecting health care facilities, 23 including licensure and cost reporting agencies. 24 (4) Issue advisory opinions upon request. Staff 25 advisory opinions do not constitute determinations by the 26 State Board. Determinations by the State Board are made SB3239 - 60 - LRB104 20078 SPS 33529 b 1 through the declaratory ruling process. 2 For purposes of this Section, "staff" means a person the 3 State Board or the Agency employs on a full-time, part-time, 4 contract, or intern basis. 5 (Source: P.A. 100-681, eff. 8-3-18; 101-83, eff. 7-15-19.) 6 (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163) 7 (Section scheduled to be repealed on December 31, 2029) 8 Sec. 13. Review and investigation Investigation of 9 applications for permits. The State Board and State Board 10 employees shall make or cause to be made such a review of all 11 submitted applications or investigations as it deems necessary 12 in connection with an application for a permit or exemption , 13 or in connection with a determination of whether or not a 14 project or transaction construction or modification that has 15 been commenced is in accord with the exemption or permit 16 issued by the State Board, or whether a project or transaction 17 construction or modification has been commenced without a 18 permit or exemption having been obtained. The State Board may 19 issue subpoenas duces tecum requiring the production of 20 records and may administer oaths to such witnesses. 21 Any circuit court of this State, upon the application of 22 the State Board or upon the application of any proper party to 23 such proceedings, may, in its discretion, compel the 24 attendance of witnesses, the production of books, papers, 25 records, or memoranda and the giving of testimony before the SB3239 - 61 - LRB104 20078 SPS 33529 b 1 State Board, by a proceeding as for contempt, or otherwise, in 2 the same manner as production of evidence may be compelled 3 before the court. 4 The State Board shall require all health facilities 5 operating in this State to provide such reasonable reports at 6 such times and containing such information as is needed by it 7 to carry out the purposes and provisions of this Act. Prior to 8 collecting information from health facilities, the State Board 9 shall make reasonable efforts through a public process to 10 consult with health facilities and associations that represent 11 them to determine whether data and information requests will 12 result in useful information for health planning, whether 13 sufficient information is available from other sources, and 14 whether data requested is routinely collected by health 15 facilities and is available without retrospective record 16 review. Data and information requests shall not impose undue 17 paperwork burdens on health care facilities and personnel. 18 Health facilities not complying with this requirement shall be 19 reported to licensing, accrediting, certifying, or payment 20 agencies as being in violation of State law. Health care 21 facilities and other parties at interest shall have reasonable 22 access, under rules established by the State Board, to all 23 planning information submitted in accord with this Act 24 pertaining to their area. 25 Among the reports to be required by the State Board are 26 facility questionnaires for health care facilities licensed SB3239 - 62 - LRB104 20078 SPS 33529 b 1 under the Ambulatory Surgical Treatment Center Act, the 2 Hospital Licensing Act, the Nursing Home Care Act, the ID/DD 3 Community Care Act, the MC/DD Act, or the Specialized Mental 4 Health Rehabilitation Act of 2013 and health care facilities 5 that are required to meet the requirements of 42 CFR 494 in 6 order to be certified for participation in Medicare and 7 Medicaid under Titles XVIII and XIX of the federal Social 8 Security Act. These questionnaires shall be conducted on an 9 annual basis and compiled by the State Board. For health care 10 facilities licensed under the Nursing Home Care Act or the 11 Specialized Mental Health Rehabilitation Act of 2013, these 12 reports shall include, but not be limited to, the 13 identification of specialty services provided by the facility 14 to patients, residents, and the community at large. Annual 15 reports for facilities licensed under the ID/DD Community Care 16 Act and facilities licensed under the MC/DD Act shall be 17 different from the annual reports required of other health 18 care facilities and shall be specific to those facilities 19 licensed under the ID/DD Community Care Act or the MC/DD Act. 20 The Health Facilities and Services Review Board shall consult 21 with associations representing facilities licensed under the 22 ID/DD Community Care Act and associations representing 23 facilities licensed under the MC/DD Act when developing the 24 information requested in these annual reports. For health care 25 facilities that contain long term care beds, the reports shall 26 also include the number of staffed long term care beds, SB3239 - 63 - LRB104 20078 SPS 33529 b 1 physical capacity for long term care beds at the facility, and 2 long term care beds available for immediate occupancy. For 3 purposes of this paragraph, "long term care beds" means beds 4 (i) licensed under the Nursing Home Care Act, (ii) licensed 5 under the ID/DD Community Care Act, (iii) licensed under the 6 MC/DD Act, (iv) licensed under the Hospital Licensing Act, or 7 (v) licensed under the Specialized Mental Health 8 Rehabilitation Act of 2013 and certified as skilled nursing or 9 nursing facility beds under Medicaid or Medicare. 10 (Source: P.A. 100-681, eff. 8-3-18; 100-957, eff. 8-19-18; 11 101-81, eff. 7-12-19.) Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. 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