210 ILCS 45/3-202.6
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 45/ - Nursing Home Care Act.|Article III - Licensing, Enforcement, Violations, Penalties And Remedies

Sec. 3-202.6. Department of Veterans' Affairs facility   plan  review.(a) Before commencing construction of a new facility or  specified types of alteration or additions to an existing long-term care facility involving major construction, as  defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) of this Section. Review of drawings and specifications  shall  be conducted by an employee of the Department meeting the qualifications established by the Department of Central  Management Services class specifications for such an individual's position or by a person contracting with the Department  who  meets  those  class specifications.(b)  The  Department  shall  inform  an  applicant  in  writing  within 15 working days after receiving drawings and specifications from the applicant whether the applicant's submission  is  complete  or incomplete. Failure to provide the applicant with this notice within 15 working days after receiving drawings and specifications from the applicant shall result in the submission being deemed complete for purposes of initiating the 60-working-day review period under this  Section.  If  the submission is incomplete, the Department shall inform the applicant of the deficiencies with  the  submission in  writing.If the submission is complete, the Department shall  approve  or disapprove drawings and specifications submitted to the  Department no later than 60 working days following receipt by the  Department. The drawings and specifications shall be of sufficient  detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of  sufficient  detail for it to render a determination of compliance, the  plans  shall be determined to be incomplete and shall not be  considered  for purposes of initiating the 60-working-day review period. If a submission  of drawings and specifications is incomplete, the applicant may submit additional information. The 60-working-day  review period shall not commence until the Department  determines  that a submission of drawings and specifications is  complete  or  the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications  within 60 working days  after  receipt by the Department, the construction, major alteration, or addition shall be deemed  approved. If the  drawings and specifications are disapproved, the Department  shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications  may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 working days after the receipt of the additional information or reconsideration request.  If denied, the Department shall state the specific reasons  for  the  denial.(c) The Department shall provide written approval for occupancy pursuant to subsection (e) of this Section  and  shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure  if:(1)  the  Department reviewed and  approved or  is      deemed to have approved the drawings and specifications for compliance with  design  and  construction  standards;(2)  the construction, major alteration, or addition     was  built  as  submitted;(3)  the law or rules have not been amended since the     original  approval; and(4) the conditions at the facility indicate that     there is a    reasonable degree of safety provided for the residents.(d)  The Department shall not charge a fee in connection with its reviews to the Department of Veterans'  Affairs.(e)  The  Department shall conduct an  on-site  inspection  of  the completed project no later than 45 working days after  notification from the applicant that the project has been  completed  and  all certifications required  by  the Department  have  been  received and  accepted  by  the Department. The Department may extend this deadline if a federally mandated survey time frame takes precedence. The  Department  shall  provide written approval for occupancy to the applicant within 7  working days after the Department's final inspection,  provided  the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (e), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.(f)  The  Department shall establish, by  rule, an  expedited  process for emergency repairs or replacement of like equipment.(g) Nothing in this Section shall be construed to  apply  to  maintenance,  upkeep,  or  renovation  that  does  not  affect  the structural  integrity or fire or life safety of the  building, does not add beds or services over the number for which the long-term care  facility is licensed, and provides a reasonable degree of  safety  for  the residents.(h) If the number of licensed facilities increases or the number of beds for the currently licensed facilities increases, the Department has the right to reassess the mandated time frames listed in this Section.   (Source: P.A. 99-314, eff. 8-7-15.)