210 ILCS 45/3-202.5
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. 3-202.5. Facility plan review; fees.(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 and approval.  A facility may submit architectural drawings and specifications for other  construction projects for Department review according to subsection (b) that  shall not be subject to fees under subsection (d).  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.  Final approval of the drawings and specifications for  compliance with design and construction standards shall be obtained from the  Department before the alteration, addition, or new construction is begun.(b) The Department shall inform an applicant in writing within 10 working  days after receiving drawings and specifications and the required fee, if any,  from the applicant whether the applicant's submission is complete or  incomplete.  Failure to provide the applicant with this notice within 10  working days shall result in the submission being deemed complete for purposes  of initiating the 60-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 required  fee, if any, has been paid,  the Department shall approve or disapprove drawings and specifications  submitted to the Department no later than 60 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 day  review period.  If a submission of drawings and specifications is incomplete, the applicant  may submit additional information.  The 60-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 days, 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 days of 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 (g) 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 deemed     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 charge the following fees in connection with its  reviews conducted before June 30, 2004 under this Section:(1) (Blank).(2) (Blank).(3) If the estimated dollar value of the alteration,     addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.(4) If the estimated dollar value of the alteration,     addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.(5) If the estimated dollar value of the alteration,     addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.(6) If the estimated dollar value of the alteration,     addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.The fees provided in this subsection (d) shall not apply to major  construction projects involving facility changes that are required by  Department rule amendments.The fees provided in this subsection (d) shall also not apply to major  construction projects if 51% or more of the estimated cost of the project is  attributed to capital equipment.  For major construction projects where 51% or  more of the estimated cost of the project is attributed to capital equipment,  the Department shall by rule establish a fee that is reasonably related to the  cost of reviewing the project.The Department shall not commence the facility plan review process under this  Section until  the applicable fee has been paid.(e) All fees received by the Department under this Section shall be  deposited into the Health Facility Plan Review Fund, a special fund created in  the State Treasury.  All fees paid by long-term care facilities under subsection (d) shall be used  only to cover the costs relating to the Department's review of long-term care  facility projects under this Section.  Moneys shall be appropriated from that Fund to the  Department only to pay the costs of conducting reviews under this Section or under Section 3-202.5 of the ID/DD Community Care Act or Section 3-202.5 of the MC/DD Act.  None of the moneys in the Health Facility Plan Review Fund shall be used to  reduce the amount of General Revenue Fund moneys appropriated to the Department  for facility plan reviews conducted pursuant to this Section.(f)(1) The provisions of this amendatory Act of 1997 concerning drawings  and specifications shall apply only to drawings and specifications submitted to  the Department on or after October 1, 1997.(2) On and after the effective date of this amendatory Act of 1997 and  before October 1, 1997, an applicant may submit or resubmit drawings and  specifications to the Department and pay the fees provided in subsection (d).  If an applicant pays the fees provided in subsection (d) under this paragraph  (2), the provisions of subsection (b) shall apply with regard to those drawings  and specifications.(g) The Department shall conduct an on-site inspection of the completed  project no later than 30 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 shall  provide written approval for occupancy to the applicant within 5 working days  of 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 (g), in which case  the construction shall be deemed approved.  Occupancy shall be authorized after any required health inspection by the Department has been  conducted.(h) The Department shall establish, by rule, a procedure to conduct interim  on-site review of large or complex construction projects.(i) The Department shall establish, by rule, an expedited process for  emergency repairs or replacement of like equipment.(j) Nothing in this Section shall be construed to apply to maintenance,  upkeep, or renovation that does not affect the structural integrity 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.  (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)