2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 3960/ - Illinois Health Facilities Planning Act.

(20 ILCS 3960/1) (from Ch. 111 1/2, par. 1151)
(Section scheduled to be repealed on December 31, 2029)
Sec. 1. 
		
		This Act shall be known and may be cited as the Illinois Health Facilities Planning Act.
(Source: P.A. 78-1156.)
(20 ILCS 3960/2) (from Ch. 111 1/2, par. 1152)
(Section scheduled to be repealed on December 31, 2029)
Sec. 2. Purpose of the Act. This Act shall establish a procedure (1) which requires a person
establishing, constructing or modifying a health care facility, as
herein defined, to have the qualifications, background, character and
financial resources to adequately provide a proper service for the
community; (2) that promotes the orderly and
economic development of health care facilities in the State of Illinois
that avoids unnecessary duplication of such facilities; and (3) that
promotes planning for and development of health care facilities needed
for comprehensive health care especially in areas where the health
planning process has identified unmet needs.
The changes made to this Act by this amendatory Act  of the 96th General Assembly are intended to accomplish the following objectives: to improve the financial ability of the public to obtain necessary health services; to establish an orderly and comprehensive health care delivery system that will guarantee the availability of quality health care to the general public; to maintain and improve the provision of essential health care services and increase the accessibility of those services to the medically underserved and indigent; to assure that the reduction and closure of health care services or facilities is performed in an orderly and timely manner, and that these actions are deemed to be in the best interests of the public; and to assess the financial burden to patients caused by unnecessary health care construction and modification. Evidence-based assessments, projections and decisions will be applied regarding capacity, quality, value and equity in the delivery of health care services in Illinois. The integrity of the Certificate of Need process is ensured through revised ethics and communications procedures. Cost containment and support for safety net services must continue to be central tenets of the Certificate of Need process.
(Source: P.A. 99-527, eff. 1-1-17.)
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3. Definitions. As used in this Act:
"Health care facilities" means and includes
the following facilities, organizations, and related persons:
(1) An ambulatory surgical treatment center required     to be licensed pursuant to the Ambulatory Surgical Treatment Center Act.
(2) An institution, place, building, or agency     required to be licensed pursuant to the Hospital Licensing Act.
(3) Skilled and intermediate long term care     facilities licensed under the Nursing Home Care Act.
(A) If a demonstration project under the Nursing         Home Care Act applies for a certificate of need to convert to a nursing facility, it shall meet the licensure and certificate of need requirements in effect as of the date of application.
(B) Except as provided in item (A) of this         subsection, this Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act.
(3.5) Skilled and intermediate care facilities     licensed under the ID/DD Community Care Act or the MC/DD Act. No permit or exemption is required for a facility licensed under the ID/DD Community Care Act or the MC/DD Act prior to the reduction of the number of beds at a facility. If there is a total reduction of beds at a facility licensed under the ID/DD Community Care Act or the MC/DD Act, this is a discontinuation or closure of the facility. If a facility licensed under the ID/DD Community Care Act or the MC/DD Act reduces the number of beds or discontinues the facility, that facility must notify the Board as provided in Section 14.1 of this Act.
(3.7) Facilities licensed under the Specialized     Mental Health Rehabilitation Act of 2013.
(4) Hospitals, nursing homes, ambulatory surgical     treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof.
(5) Kidney disease treatment centers, including a     free-standing hemodialysis unit required to meet the requirements of  42 CFR 494  in order to be certified for participation in Medicare and Medicaid under Titles XVIII and XIX of the federal Social Security Act.
(A) This Act does not apply to a dialysis         facility that provides only dialysis training, support, and related services to individuals with end stage renal disease who have elected to receive home dialysis.
(B) This Act does not apply to a dialysis unit         located in a licensed nursing home that offers or provides dialysis-related services to residents with end stage renal disease who have elected to receive home dialysis within the nursing home.
(C) The Board, however, may require dialysis         facilities and licensed nursing homes under items (A) and (B) of this subsection to report statistical information on a quarterly basis to the Board to be used by the Board to conduct analyses on the need for proposed kidney disease treatment centers.
(6) An institution, place, building, or room used for     the performance of outpatient surgical procedures that is leased, owned, or operated by or on behalf of an out-of-state facility.
(7) An institution, place, building, or room used for     provision of a health care category of service, including, but not limited to, cardiac catheterization and open heart surgery.
(8) An institution, place, building, or room housing     major medical equipment used in the direct clinical diagnosis or treatment of patients, and whose project cost is in excess of the capital expenditure minimum.
"Health care facilities" does not include the following entities or facility transactions:
(1) Federally-owned facilities.
(2) Facilities used solely for healing by prayer or     spiritual means.
(3) An existing facility located on any campus     facility as defined in Section 5-5.8b of the Illinois Public Aid Code, provided that the campus facility encompasses 30 or more contiguous acres and that the new or renovated facility is intended for use by a licensed residential facility.
(4) Facilities licensed under the Supportive     Residences Licensing Act or the Assisted Living and Shared Housing Act.
(5) Facilities designated as supportive living     facilities that are in good standing with the program established under Section 5-5.01a of the Illinois Public Aid Code.
(6) Facilities established and operating under the     Alternative Health Care Delivery Act as a children's community-based health care center alternative health care model demonstration program or as an Alzheimer's Disease Management Center alternative health care model demonstration program.
(7) The closure of an entity or a portion of an     entity licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, with the exception of facilities operated by a county or Illinois Veterans Homes, that elect to convert, in whole or in part, to an assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing Act and with the exception of a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013 in connection with a proposal to close a facility and re-establish the facility in another location.
(8) Any change of ownership of a health care facility     that is licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, with the exception of facilities operated by a county or Illinois Veterans Homes. Changes of ownership of facilities licensed under the Nursing Home Care Act must meet the requirements set forth in Sections 3-101 through 3-119 of the Nursing Home Care Act.
(9) (Blank).
With the exception of those health care facilities specifically
included in this Section, nothing in this Act shall be intended to
include facilities operated as a part of the practice of a physician or
other licensed health care professional, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to physicians or
other licensed health care professional's practices where such practices
are carried out in a portion of a health care facility under contract
with such health care facility by a physician or by other licensed
health care professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or professional
groups, unless the entity constructs, modifies, or establishes a health care facility as specifically defined in this Section.  This Act shall apply to construction or
modification and to establishment by such health care facility of such
contracted portion which is subject to facility licensing requirements,
irrespective of the party responsible for such action or attendant
financial obligation.
"Person" means any one or more natural persons, legal entities,
governmental bodies other than federal, or any combination thereof.
"Consumer" means any person other than a person (a) whose major
occupation currently involves or whose official capacity within the last
12 months has involved the providing, administering or financing of any
type of health care facility, (b) who is engaged in health research or
the teaching of health, (c) who has a material financial interest in any
activity which involves the providing, administering or financing of any
type of health care facility, or (d) who is or ever has been a member of
the immediate family of the person defined by item (a), (b), or (c).
"State Board" or "Board" means the Health Facilities and Services Review Board.
"Construction or modification" means the establishment, erection,
building, alteration, reconstruction, modernization, improvement,
extension, discontinuation, change of ownership, of or by a health care
facility, or the purchase or acquisition by or through a health care facility
of
equipment or service for diagnostic or therapeutic purposes or for
facility administration or operation, or any capital expenditure made by
or on behalf of a health care facility which
exceeds the capital expenditure minimum; however, any capital expenditure
made by or on behalf of a health care facility for (i) the construction or
modification of a facility licensed under the Assisted Living and Shared
Housing Act or (ii) a conversion project undertaken in accordance with Section 30 of the Older Adult Services Act shall be excluded from any obligations under this Act.
"Establish" means the construction of a health care facility or the
replacement of an existing facility on another site or the initiation of a category of service.
"Major medical equipment" means medical equipment which is used for the
provision of medical and other health services and which costs in excess
of the capital expenditure minimum, except that such term does not include
medical equipment acquired
by or on behalf of a clinical laboratory to provide clinical laboratory
services if the clinical laboratory is independent of a physician's office
and a hospital and it has been determined under Title XVIII of the Social
Security Act to meet the requirements of paragraphs (10) and (11) of Section
1861(s) of such Act.  In determining whether medical equipment has a value
in excess of the capital expenditure minimum, the value of studies, surveys,
designs, plans, working drawings, specifications, and other activities
essential to the acquisition of such equipment shall be included.
"Capital expenditure" means an expenditure:  (A) made by or on behalf of
a health care facility (as such a facility is defined in this Act); and
(B) which under generally accepted accounting principles is not properly
chargeable as an expense of operation and maintenance, or is made to obtain
by lease or comparable arrangement any facility or part thereof or any
equipment for a facility or part; and which exceeds the capital expenditure
minimum.
For the purpose of this paragraph, the cost of any studies, surveys, designs,
plans, working drawings, specifications, and other activities essential
to the acquisition, improvement, expansion, or replacement of any plant
or equipment with respect to which an expenditure is made shall be included
in determining if such expenditure exceeds the capital expenditures minimum.
Unless otherwise interdependent, or submitted as one project by the applicant, components of construction or modification undertaken by means of a single construction contract or financed through the issuance of a single debt instrument shall not be grouped together as one project. Donations of equipment
or facilities to a health care facility which if acquired directly by such
facility would be subject to review under this Act shall be considered capital
expenditures, and a transfer of equipment or facilities for less than fair
market value shall be considered a capital expenditure for purposes of this
Act if a transfer of the equipment or facilities at fair market value would
be subject to review.
"Capital expenditure minimum" means $11,500,000 for projects by hospital applicants, $6,500,000 for applicants for projects related to skilled and intermediate care long-term care facilities licensed under the Nursing Home Care Act, and $3,000,000 for projects by  all other applicants, which shall be annually
adjusted to reflect the increase in construction costs due to inflation, for major medical equipment and for all other
capital expenditures.
"Financial commitment" means the commitment of at least 33% of total funds assigned to cover total project cost, which occurs by the actual expenditure of 33% or more of the total project cost or the commitment to expend 33% or more of the total project cost by signed contracts or other legal means.
"Non-clinical service area" means an area (i) for the benefit of the
patients, visitors, staff, or employees of a health care facility and (ii) not
directly related to the diagnosis, treatment, or rehabilitation of persons
receiving services from the health care facility.  "Non-clinical service areas"
include, but are not limited to, chapels; gift shops; news stands; computer
systems; tunnels, walkways, and elevators; telephone systems; projects to
comply with life safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas; administration and
volunteer offices; modernization of structural components (such as roof
replacement and masonry work); boiler repair or replacement; vehicle
maintenance and storage facilities; parking facilities; mechanical systems for
heating, ventilation, and air conditioning; loading docks; and repair or
replacement of carpeting, tile, wall coverings, window coverings or treatments,
or furniture.  Solely for the purpose of this definition, "non-clinical service
area" does not include health and fitness centers.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health planning and
for health service and having within it one or more local areas for
health planning and health service.  The term "region", as contrasted
with the term "subregion", and the word "area" may be used synonymously
with the term "areawide".
"Local" means a subarea of a delineated major area that on a
geographic, demographic, and functional basis may be considered to be
part of such major area.  The term "subregion" may be used synonymously
with the term "local".
"Physician" means a person licensed to practice in accordance with
the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person licensed to
practice a health profession under pertinent licensing statutes of the
State of Illinois.
"Director" means the  Director of the Illinois Department of Public Health.
"Agency" or "Department" means the Illinois Department of Public Health.
"Alternative health care model" means a facility or program authorized
under the Alternative Health Care Delivery Act.
"Out-of-state facility" means a person that is both (i) licensed as a
hospital or as an ambulatory surgery center under the laws of another state
or that
qualifies as a hospital or an ambulatory surgery center under regulations
adopted pursuant to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, or the
Nursing Home Care Act.  Affiliates of out-of-state facilities shall be
considered out-of-state facilities.  Affiliates of Illinois licensed health
care facilities 100% owned by an Illinois licensed health care facility, its
parent, or Illinois physicians licensed to practice medicine in all its
branches shall not be considered out-of-state facilities.  Nothing in
this definition shall be
construed to include an office or any part of an office of a physician licensed
to practice medicine in all its branches in Illinois that is not required to be
licensed under the Ambulatory Surgical Treatment Center Act.
"Change of ownership of a health care facility" means a change in the
person
who has ownership or
control of a health care facility's physical plant and capital assets. A change
in ownership is indicated by
the following transactions: sale, transfer, acquisition, lease, change of
sponsorship, or other means of
transferring control.
"Related person" means any person that: (i) is at least 50% owned, directly
or indirectly, by
either the health care facility or a person owning, directly or indirectly, at
least 50% of the health
care facility; or (ii) owns, directly or indirectly, at least 50% of the
health care facility.
"Charity care" means care provided by a health care facility for which the provider does not expect to receive payment from the patient or a third-party payer.
"Freestanding emergency center" means a facility subject to licensure under Section 32.5 of the Emergency Medical Services (EMS) Systems Act.
"Category of service" means a grouping by generic class of various types or levels of support functions, equipment, care, or treatment provided to patients or residents, including, but not limited to, classes such as medical-surgical, pediatrics, or cardiac catheterization. A category of service may include subcategories or levels of care that identify a particular degree or type of care within the category of service. Nothing in this definition shall be construed to include the practice of a physician or other licensed health care professional while functioning in an office providing for the care, diagnosis, or treatment of patients. A category of service that is subject to the Board's jurisdiction must be designated in rules adopted by the Board.
"State Board Staff Report" means the document that sets forth the review and findings of the State Board staff, as prescribed by the State Board, regarding applications subject to Board jurisdiction.
(Source: P.A. 100-518, eff. 6-1-18; 100-581, eff. 3-12-18; 100-957, eff. 8-19-18; 101-81, eff. 7-12-19; 101-650, eff. 7-7-20.)
(20 ILCS 3960/3.1)
Sec. 3.1. 
		(Repealed).
(Source: Repealed by P.A. 88-18.)
(20 ILCS 3960/3.5)
Sec. 3.5. (Repealed).
(Source: P.A. 98-257, eff. 8-9-13. Repealed internally, eff. 8-9-18.)
(20 ILCS 3960/3.6)
(Section scheduled to be repealed on June 25, 2026)
Sec. 3.6. Facilities maintained or operated by a State agency.
(a) For the purposes of this Section, "Department" means the Department of Veterans' Affairs.
(b) Except for the requirements set forth in subsection (c), any construction, modification, establishment, or change in categories of service of a health care facility funded through an appropriation from the General Assembly and maintained or operated by the Department is not subject to requirements of this Act. The Department is subject to this Act when the Department discontinues a health care facility or category of service.
(c) The Department must notify the Board in writing of any appropriation by the General Assembly for the construction, modification, establishment or change in categories of service, excluding discontinuation of a health care facility or categories of service, maintained or operated by the Department of Veterans' Affairs. The Department of Veterans' Affairs must include with the written notification the following information: (i) the estimated service capacity of the health care facility; (ii) the location of the project or the intended location if not identified by law; and (iii) the date the health care facility is estimated to be opened. The Department must also notify the Board in writing when the facility has been licensed by the Department of Public Health or any other licensing body. The Department shall submit to the Board, on behalf of the health care facility, any annual facility questionnaires as defined in Section 13 of this Act or any requests for information by the Board.
(d) This Section is repealed 5 years after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-35, eff. 6-25-21.)
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
(Section scheduled to be repealed on December 31, 2029)
Sec. 4. Health Facilities and Services Review Board; membership; appointment; term;
compensation; quorum.
(a) There is created the Health
Facilities and Services Review Board, which
shall perform the functions described in this
Act. The Department shall provide operational support to the Board as necessary, including the provision of office space, supplies, and clerical, financial, and accounting services. The Board may contract for functions or operational support as needed. The Board may also contract with experts related to specific health services or facilities and create technical advisory panels to assist in the development of criteria, standards, and procedures used in the evaluation of applications for permit and exemption.
(b) The State Board shall consist of 11 voting members. All members shall be residents of Illinois and at least 4 shall reside outside the Chicago Metropolitan Statistical Area. Consideration shall be given to potential appointees who reflect the ethnic and cultural diversity of the State. Neither Board members nor Board staff shall be convicted felons or have pled guilty to a felony.
Each member shall have a reasonable knowledge of the practice, procedures and principles of the health care delivery system in Illinois, including at least 5 members who shall be knowledgeable about health care delivery systems, health systems planning, finance, or the management of health care facilities currently regulated under the Act. One member shall be a representative of a non-profit health care consumer advocacy organization. One member shall be a representative from the community with experience on the effects of discontinuing health care services or the closure of health care facilities on the surrounding community; provided, however, that all other members of the Board shall be appointed before this member shall be appointed. A spouse, parent, sibling, or child of a Board member cannot be an employee, agent, or under contract with services or facilities subject to the Act. Prior to appointment and in the course of service on the Board, members of the Board shall disclose the employment or other financial interest of any other relative of the member, if known, in service or facilities subject to the Act. Members of the Board shall declare any conflict of interest that may exist with respect to the status of those relatives and recuse themselves from voting on any issue for which a conflict of interest is declared. No person shall be appointed or continue to serve as a member of the State Board who is, or whose spouse, parent, sibling, or child is, a member of the Board of Directors of, has a financial interest in, or has a business relationship with a health care facility.
Notwithstanding any provision of this Section to the contrary, the term of
office of each member of the State Board serving on the day before the effective date of this amendatory Act of the 96th General Assembly is abolished on the date upon which members of the Board, as established by this amendatory Act of the 96th General Assembly, have been appointed and can  begin to take action as a Board.
(c) The State Board shall be appointed by the Governor, with the advice
and consent of the Senate. Not more than 6 of the
appointments shall be of the same political party at the time of the appointment.
The Secretary of Human Services, the Director of Healthcare and Family Services, and
the Director of Public Health, or their designated representatives,
shall serve as ex-officio, non-voting members of the State Board.
(d) Of those members initially appointed by the Governor following the effective date of this
amendatory Act of the 96th General Assembly, 3 shall serve for terms expiring
July 1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3 shall serve
for terms expiring July 1, 2013.  Thereafter, each
appointed member shall
hold office for a term of 3 years, provided that any member
appointed to fill a vacancy
occurring prior to the expiration of the
term for which his or her predecessor was appointed shall be appointed for the
remainder of such term and the term of office of each successor shall
commence on July 1 of the year in which his predecessor's term expires. Each
member shall hold office until his or her successor is appointed and qualified. The Governor may reappoint a member for additional terms, but no member shall serve  more than 3 terms, subject to review and re-approval every 3 years.
(e) State Board members, while serving on business of the State Board,
shall receive actual and necessary travel and subsistence expenses while
so serving away from their places
of residence. Until March 1, 2010, a
 member of the State Board who experiences a significant financial hardship
due to the loss of income on days of attendance at meetings or while otherwise
engaged in the business of the State Board may be paid a hardship allowance, as
determined by and subject to the approval of the Governor's Travel Control
Board.
(f) The Governor shall designate one of the members to serve as the Chairman of the Board, who shall be a person with expertise  in health care delivery system planning, finance or management of health care facilities that are regulated under the Act.  The Chairman shall annually review Board member performance and shall report the attendance record of each Board member to the General Assembly.
(g)  The State Board, through the Chairman, shall prepare a separate and distinct budget approved by the General Assembly and shall hire and supervise its own professional staff responsible for carrying out the responsibilities of the Board.
(h) The State Board shall meet at least every 45 days, or as often as
the Chairman of the State Board deems necessary, or upon the request of
a majority of the members.
(i) Six
 members of the State Board shall constitute a quorum.
The affirmative vote of 6 of the members of the State Board shall be
necessary for
any action requiring a vote to be taken by the State
Board. A vacancy in the membership of the State Board shall not impair the
right of a quorum to exercise all the rights and perform all the duties of the
State Board as provided by this Act.
(j) A State Board member shall disqualify himself or herself from the
consideration of any application for a permit or
exemption in which the State Board member or the State Board member's spouse,
parent, sibling, or child: (i) has
an economic interest in the matter; or (ii) is employed by, serves as a
consultant for, or is a member of the
governing board of the applicant or a party opposing the application.
(k) The Chairman, Board members, and Board staff must  comply with the Illinois Governmental Ethics Act.
(Source: P.A. 102-4, eff. 4-27-21.)
(20 ILCS 3960/4.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 4.1. Ethics laws.
(a) All State Board meetings are subject to the Open Meetings Act.
(b) The State Board is subject to the State Officials and Employees Ethics Act.
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 3960/4.2)
(Section scheduled to be repealed on December 31, 2029)
Sec. 4.2. Ex parte communications.
(a) Except in the disposition of matters that agencies are authorized by law
to entertain or dispose of on an ex parte basis including, but not limited to
rulemaking, the State Board, any State Board member, employee, or a hearing
officer shall not engage in ex parte communication
in connection with the substance of any formally filed application for
a permit with any person or party or the representative of any party. This subsection (a) applies when the Board, member, employee, or hearing officer knows, or should know upon reasonable inquiry, that the application or exemption has been formally filed with the Board. Nothing in this Section shall prohibit staff members from providing technical assistance to applicants. Nothing in this Section shall prohibit  staff  from verifying or clarifying an applicant's  information as it prepares the State Board Staff Report. Once an application for permit or exemption  is filed and deemed complete, a written record of any communication between staff and an applicant  shall be prepared by staff and made part of the public record, using a prescribed, standardized format, and shall be included in the application file.
(b) A State Board member or employee may communicate with other
members or employees and any State Board member or hearing
officer may have the aid and advice of one or more personal assistants.
(c) An ex parte communication received by the State Board, any State
Board member, employee, or a hearing officer shall be made a part of the record
of the
 matter, including all written communications, all written
responses to the communications, and a memorandum stating the substance of all
oral communications and all responses made and the identity of each person from
whom the ex parte communication was received.
(d) "Ex parte communication" means a communication between a person who is
not a State Board member or employee and a
State Board member or
employee
that reflects on the substance of a pending or impending State Board proceeding and that
takes
place outside the record of the proceeding.  Communications regarding matters
of procedure and practice, such as the format of pleading, number of copies
required, manner of service, and status of proceedings, are not considered ex
parte communications.  Technical assistance with respect to an application, not
intended to influence any decision on the application, may be provided by
employees to the applicant.  Any  assistance shall be documented in writing by
the applicant and employees within 10 business days after the assistance is
provided.
(e) For purposes of this Section, "employee" means
a person the State Board or the Agency employs on a full-time, part-time,
contract, or intern
basis.
(f) The State Board, State Board member, or hearing examiner presiding
over the proceeding, in the event of a violation of this Section, must take
whatever action is necessary to ensure that the violation does not prejudice
any party or adversely affect the fairness of the proceedings.
(g) Nothing in this Section shall be construed to prevent the State Board or
any member of the State Board from consulting with the attorney for the State
Board.
(Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; 101-81, eff. 7-12-19.)
(20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
(Section scheduled to be repealed on December 31, 2029)
Sec. 5. Construction, modification, or establishment of health care facilities or acquisition of major medical equipment; permits or exemptions. No person shall construct, modify or establish a
health care facility or acquire major medical equipment without first
obtaining a permit or exemption from the State
Board. The State Board shall not delegate to the staff of
the State Board or any other person or entity the authority to grant
permits or exemptions whenever the staff or other person or
entity would be required to exercise any discretion affecting the decision
to grant a permit or exemption.  The State Board may, by rule,  delegate authority to the Chairman to grant permits or exemptions when applications meet all of the State Board's review criteria and are unopposed.
A permit or exemption shall be obtained prior to the acquisition
of major medical equipment or to the construction or modification of a
health care facility which:
(a) requires a total capital expenditure in excess of     the capital expenditure minimum; or
(b) substantially changes the scope or changes the     functional operation of the facility; or
(c) changes the bed capacity of a health care     facility by increasing the total number of beds or by distributing beds among various categories of service or by relocating beds from one physical facility or site to another by more than 20 beds or more than 10% of total bed capacity as defined by the State Board, whichever is less, over a 2-year period.
A permit shall be valid only for the defined construction or modifications,
site, amount and person named in the application for such permit. The State Board may approve the transfer of an existing permit without regard to whether the permit to be transferred has yet been financially committed, except for permits to establish a new facility or category of service. A permit shall be valid until such
time as the project has been completed,
provided that the project
commences and proceeds to completion with due diligence by the completion date or extension date approved by the Board.
A permit holder must do the following:  (i) submit the final completion and cost report for the project within 90 days after the approved project completion date or extension date and (ii) submit annual progress reports no earlier than 30 days before and no later than 30 days after each anniversary date of the Board's approval of the permit until the project is completed. To maintain a valid permit and to monitor progress toward project commencement and completion, routine post-permit reports shall be limited to annual progress reports and the final completion and cost report. Annual progress reports shall include information regarding the committed funds expended toward the approved project. For projects to be completed in 12 months or less, the permit holder shall report financial commitment in the final completion and cost report. For projects to be completed between 12 to 24 months, the permit holder shall report financial commitment in the first annual report.  For projects to be completed in more than 24 months, the permit holder shall report financial commitment in the second annual progress report. The report shall contain information regarding expenditures and financial commitments. The State Board may extend the financial commitment period after considering a permit holder's showing of good cause and request for additional time to complete the project.
The Certificate of Need process required under this Act is designed to restrain rising health care costs by preventing unnecessary construction or modification of health care facilities.  The Board must assure that the establishment, construction, or modification of a health care facility or the acquisition of major medical equipment is consistent with the public interest and that the proposed project is consistent with the orderly and economic development or acquisition of those facilities and equipment and is in accord with the standards, criteria, or plans of need adopted and approved by the Board. Board decisions regarding the construction of health care facilities must consider capacity, quality, value, and equity. Projects may deviate from the costs, fees, and expenses provided in their project cost information for the project's cost components, provided that the final total project cost does not exceed the approved permit amount. Project alterations shall not increase the total approved permit amount by more than the limit set forth under the Board's rules.
The acquisition by any person of major medical equipment that will not
be owned by or located in a health care facility and that will not be used
to provide services to inpatients of a health care facility shall be exempt
from review provided that a notice is filed in accordance with exemption
requirements.
Notwithstanding any other provision of this Act, no permit or exemption is
required for the construction or modification of a non-clinical service area
of a health care facility.
(Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18.)
(20 ILCS 3960/5.1) (from Ch. 111 1/2, par. 1155.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 5.1. 
		
		No person shall construct, modify, or establish a health care
facility alternative health care model without first obtaining a permit from
the State Board except as authorized by the provisions of the Alternative
Health Care Delivery Act.
(Source: P.A. 87-1188; 88-490.)
(20 ILCS 3960/5.1a)
(Section scheduled to be repealed on December 31, 2029)
Sec. 5.1a. No person shall construct, modify, or establish a freestanding emergency center in Illinois, or acquire major medical equipment or make capital expenditures in relation to such a facility in excess of the capital expenditure minimum, as defined by this Act, without first obtaining a permit from the State Board in accordance with criteria, standards, and procedures adopted by the State Board for freestanding emergency centers that ensure the availability of and community access to essential emergency medical services.
(Source: P.A. 95-584, eff. 8-31-07.)
(20 ILCS 3960/5.2)
(Section scheduled to be repealed on December 31, 2029)
Sec. 5.2. 
No person shall establish, construct, or modify an
institution, place, building, or room used for the performance of outpatient
surgical procedures that is leased, owned, or operated by or on behalf of an
out-of-state facility without first obtaining a permit from the State Board.
(Source: P.A. 100-681, eff. 8-3-18.)
(20 ILCS 3960/5.3)
(Section scheduled to be repealed on December 31, 2029)
Sec. 5.3. Annual report of capital expenditures.
(a) In addition to the
State Board's
authority to require reports,
the State Board shall require each health care facility to
submit an annual report of all capital expenditures in excess of $200,000
(which shall be annually adjusted to reflect the increase in construction costs
due to inflation) made by the health care facility during the most recent year.
 This annual report shall consist of a brief description of the capital
expenditure, the amount and method of financing the capital expenditure,
the certificate of need project number if the project was reviewed, and the
total amount of capital expenditures financially committed for the year.
 Data collected from health care facilities pursuant to this Section shall
not duplicate or overlap other
data collected by the Department and must be collected as part of the State Board's
 Annual
Questionnaires or supplements for health care facilities that report these
data.
(b)(1) For the purposes of this subsection (b), "capital expenditures" means only expenditures required under subsection (a) for the erection, building, alteration, reconstruction, modernization, improvement, extension, or demolition of or by a hospital.
(2) If a hospital under the University of Illinois Hospital Act or Hospital Licensing Act that has more than 100 beds reports capital expenditures at or above the amount required under subsection (a), then the hospital shall also meet the reporting requirements under this subsection (b) for female-owned, minority-owned, veteran-owned, and small business enterprises with respect to those reported capital expenditures.
(3) Each hospital shall include the following information in its annual report:
(A) The hospital's capital expenditure spending goals     for female-owned, minority-owned, veteran-owned, and small business enterprises. These goals shall be expressed as a percentage of total capital expenditures reported by the hospital submitting the report.
(B) The hospital's actual capital expenditure     spending for female-owned, minority-owned, veteran-owned, and small business enterprises. These actual expenditures shall be expressed as a percentage of total capital expenditures reported by the hospital submitting the report. The report may include actual spending on female-owned, minority-owned, veteran-owned, and small business enterprises that is less than the capital expenditure threshold required to be reported under subsection (a) of this Section.
(C) The type or types of capital expenditure for     which the hospital shall be actively seeking supplier diversity in the next year.
(D) An outline of the plan developed to alert and     encourage female-owned, minority-owned, veteran-owned, and small business enterprises providing the type or types of services identified in subparagraph (C) to seek business from the hospital.
(E) An explanation of the challenges faced in finding     quality vendors and any suggestions for what the Health Facilities and Services Review Board could do to be helpful to identify those vendors.
(F) A list of the certifications the hospital     recognizes.
(G) The point of contact for any potential vendor who     wishes to do business with the hospital and an explanation of the process for a vendor to enroll with the hospital as a female-owned, minority-owned, veteran-owned, or small business enterprise.
(H) Any particular success stories to encourage other     hospitals to emulate best practices.
(4) A health care system may develop a system-wide annual report that includes all hospitals in order to comply with the requirements of this subsection (b). Each annual report shall include as much State-specific data as possible. If the submitting entity does not submit State-specific data, then the hospital shall include any national data it does have and explain why it could not submit State-specific data and how it intends to do so in future reports, if possible.
(5) Subject to appropriation, the Department of Central Management Services shall hold an annual workshop open to the public in 2017 and every year thereafter on the state of supplier diversity to collaboratively seek solutions to structural impediments to achieving stated goals, including testimony from subject matter experts.
(6) The Health Facilities and Services Review Board shall publish a database on its website of the point of contact for each hospital for supplier diversity, along with a list of certifications each hospital recognizes from the information submitted in each annual report. The Health Facilities and Services Review Board shall publish each annual report on its website and shall maintain each annual report for at least 5 years.
(7) Notwithstanding any other provision of law, the Health Facilities and Services Review Board shall not inquire about, review, obtain, or in any other way consider the information provided in this Section when reviewing an application for a permit or exemption or in taking any other action under this Act.
(8) The annual report required under this subsection (b) shall be submitted by each hospital for its fiscal years that begin at least 6 months after the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-767, eff. 8-12-16; 100-681, eff. 8-3-18.)
(20 ILCS 3960/5.4)
(Section scheduled to be repealed on December 31, 2029)
Sec. 5.4. Safety Net Impact Statement.
(a) General review criteria shall include a requirement that all health care facilities, with the exception of  skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act,  provide a Safety Net Impact Statement, which shall be filed with an application for a substantive project or when the application proposes to discontinue a category of service.
(b) For the purposes of this Section, "safety net services" are services provided by health care providers or organizations that deliver health care services to persons with barriers to mainstream health care due to lack of insurance, inability to pay, special needs, ethnic or cultural characteristics, or geographic isolation. Safety net service providers include, but are not limited to, hospitals and private practice physicians that provide charity care, school-based health centers, migrant health clinics, rural health clinics, federally qualified health centers, community health centers, public health departments, and community mental health centers.
(c) As developed by the applicant, a Safety Net Impact Statement shall describe all of the following:
(1) The project's material impact, if any, on     essential safety net services in the community, including the impact on racial and health care disparities in the community, to the extent that it is feasible for an applicant to have such knowledge.
(2) The project's impact on the ability of another     provider or health care system to cross-subsidize safety net services, if reasonably known to the applicant.
(3) How the discontinuation of a facility or service     might impact  the remaining safety net providers in a given community, if reasonably known by the applicant.
(d) Safety Net Impact Statements shall also include all of the following:
(1) For the 3 fiscal years prior to the application,     a certification describing the amount of charity care provided by the applicant. The amount calculated by hospital applicants shall be in accordance with the reporting requirements for charity care reporting in the Illinois Community Benefits Act.  Non-hospital applicants shall report charity care, at cost, in accordance with an appropriate methodology specified by the Board.
(2) For the 3 fiscal years prior to the application,     a certification of the amount of care provided to Medicaid patients. Hospital and non-hospital applicants shall provide Medicaid information in a manner consistent with the information reported each year to the State Board regarding "Inpatients and Outpatients Served by Payor Source" and "Inpatient and Outpatient Net Revenue by Payor Source" as required by the Board under Section 13 of this Act and published in the Annual Hospital Profile.
(3) Any information the applicant believes is     directly relevant to safety net services, including information regarding teaching, research, and any other service.
(e) The Board staff  shall publish a notice, that an application accompanied by a Safety Net Impact Statement has been filed, in a newspaper having general circulation within the area affected by the application. If no newspaper has a general circulation within the county, the Board shall post the notice in 5 conspicuous places within the proposed area.
(f) Any person, community organization, provider, or health system or other entity wishing to comment upon or oppose the application may file a Safety Net Impact Statement Response with the Board, which shall provide additional information concerning a project's impact on safety net services in the community.
(g) Applicants shall be provided an opportunity to submit a reply to any Safety Net Impact Statement Response.
(h) The State Board Staff Report shall include a statement as to whether a Safety Net Impact Statement was filed by the applicant and whether it included information on charity care, the amount of care provided to Medicaid patients, and information on teaching, research, or any other service provided by the applicant directly relevant to safety net services. The report shall also indicate the names of the parties submitting responses and the number of responses and replies, if any, that were filed.
(Source: P.A. 102-4, eff. 4-27-21.)
(20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
(Section scheduled to be repealed on December 31, 2029)
Sec. 6. Application for permit or exemption; exemption regulations.
(a) An application for a permit or exemption shall be made to
the State Board upon forms provided by the State Board.  This application
shall contain such information
as the State Board deems necessary. The State Board shall not require an applicant to file a Letter of Intent before an application is filed. Such
application shall include affirmative evidence on which the State
Board or Chairman may make its decision on the approval or denial of the permit or
exemption.
(b) The State Board shall establish by regulation the procedures and
requirements
regarding issuance of exemptions.
An exemption shall be approved when information required by the Board by rule
is submitted. Projects
eligible for an exemption, rather than a permit, include, but are not limited
to,
change of ownership of a health care facility and discontinuation of a category of service, other than a health care facility maintained by the State or any agency or department thereof or a nursing home maintained by a county. The Board may accept an application for an exemption for the discontinuation of a category of service at a health care facility only once in a 6-month period following (1) the previous application for exemption at the same health care facility or (2) the final decision of the Board regarding the discontinuation of a category of service at the same health care facility, whichever occurs later. A discontinuation of a category of service shall otherwise require an application for a permit if an application for an exemption has already been accepted within the 6-month period. For a change of
ownership among related persons of a health care
facility, the State Board shall provide by rule for an
expedited
process for obtaining an exemption. For the purposes of this Section, "change of ownership among related persons" means a transaction in which the parties to the transaction are under common control or ownership before and after the transaction is complete.
(c) All applications shall be signed by the applicant and shall be
verified by any 2 officers thereof.
(c-5) Any written review or findings  of the Board staff set forth in the State Board Staff Report concerning an application for a permit must be made available to the public and the applicant at least 14 calendar days before the meeting of the State Board at which the review or findings are considered. The applicant and members of the public may submit, to the State Board, written responses regarding the facts set forth in the review or findings of the Board staff. Members of the public and the applicant shall have until 10 days before the meeting of the State Board to submit any written response concerning the Board staff's written review or findings. The Board staff may revise any findings to address corrections of factual errors cited in the public response. At the meeting, the State Board may, in its discretion, permit the submission of other additional written materials.
(d) Upon receipt of an application for a permit, the State Board shall
approve and authorize the issuance of a permit if it finds (1) that the
applicant is fit, willing, and able to provide a proper standard of
health care service for the community with particular regard to the
qualification, background and character of the applicant, (2) that
economic feasibility is demonstrated in terms of effect on the existing
and projected operating budget of the applicant and of the health care
facility; in terms of the applicant's ability to establish and operate
such facility in accordance with licensure regulations promulgated under
pertinent state laws; and in terms of the projected impact on the total
health care expenditures in the facility and community, (3) that
safeguards are provided that assure that the establishment,
construction or modification of the health care facility or acquisition
of major medical equipment is consistent
with the public interest, and (4) that the proposed project is consistent
with the orderly and economic
development of such facilities and equipment and is in accord with standards,
criteria, or plans of need adopted and approved pursuant to the
provisions of Section 12 of this Act.
(Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; 101-83, eff. 7-15-19.)
(20 ILCS 3960/6.01) (from Ch. 111 1/2, par. 1156.01)
Sec. 6.01. 
		(Repealed).
(Source: P.A. 89-507, eff. 7-1-97.  Repealed by P.A. 89-516, eff. 7-18-96.)
(20 ILCS 3960/6.1)
Sec. 6.1. 
		(Repealed).
(Source: Repealed by P.A. 88-18.)
(20 ILCS 3960/6.2)
(Section scheduled to be repealed on December 31, 2029)
Sec. 6.2. Review of permits; State Board Staff Reports. Upon receipt of an application for a permit to establish,
construct, or modify a health care facility, the State Board staff
shall notify the applicant in writing within 10
working days either that the application is or is not substantially complete. If the
application is substantially complete, the State Board staff shall
notify the applicant of the beginning of the review process.  If the application is not substantially complete, the Board staff shall explain within the 10-day period why the application is incomplete.
The State Board staff shall afford a reasonable amount of time as
established by the State Board, but not to exceed 120 days,
for the review of the application.  The 120-day period
begins on the day the application is found to be
substantially complete, as that term is defined by the State
Board. During the 120-day period, the applicant may request
an extension. An applicant may modify the application at any
time before a final administrative decision has been made on the
application.
The State Board staff shall submit its State Board Staff Report
to the State Board for its decision-making regarding approval or denial of the permit.
When an application for a permit is initially reviewed by
State Board staff, as provided in this Section, the State Board shall, upon request by the applicant or an interested person,  afford an opportunity for a public hearing within a reasonable amount of time
after receipt of the complete application, but not to exceed
90 days after receipt of the complete application. Notice of the hearing shall be made promptly, not less than 10 days before the hearing, by
certified mail to the applicant and, not less than 10 days before the
hearing, by publication in a newspaper of general circulation
in the area or community to be affected. The hearing shall
be held in the area or community in which the proposed
project is to be located and shall be for the purpose of allowing
the applicant and any interested person to present public
testimony concerning the approval, denial, renewal, or
revocation of the permit. All interested persons attending
the hearing shall be given a reasonable opportunity to present
their views or arguments in writing or orally, and a record
of all of the testimony shall accompany any findings of the State
Board staff. The State Board shall adopt reasonable rules and regulations
governing the procedure and conduct of the hearings.
(Source: P.A. 99-114, eff. 7-23-15; 100-681, eff. 8-3-18.)
(20 ILCS 3960/7) (from Ch. 111 1/2, par. 1157)
(Section scheduled to be repealed on December 31, 2029)
Sec. 7. 
The Administrator or the Chairman of the State Board may request the
cooperation of county and
multiple-county health departments, municipal boards of health, and
other governmental and nongovernmental agencies in obtaining information
and in conducting investigations relating to applications for permits.
(Source: P.A. 100-681, eff. 8-3-18.)
(20 ILCS 3960/8)
Sec. 8. (Repealed).
(Source: P.A. 88-18. Repealed by P.A. 96-31, eff. 6-30-09.)
(20 ILCS 3960/8.5)
(Section scheduled to be repealed on December 31, 2029)
Sec. 8.5. Certificate of exemption for change of ownership of a health care facility; discontinuation of a category of service; public notice and public hearing.
(a) Upon a finding that an application for a change of ownership is complete, the State Board shall publish a legal notice on 3 consecutive days in a newspaper of general circulation in the area or community to be affected and afford the public an opportunity to request a hearing. If the application is for a facility located in a Metropolitan Statistical Area, an additional legal notice shall be published in a newspaper of limited circulation, if one exists, in the area in which the facility is located. If the newspaper of limited circulation is published on a daily basis, the additional legal notice shall be published on 3 consecutive days. The applicant shall pay the cost incurred by the Board in publishing the change of ownership notice in newspapers as required under this subsection. The legal notice shall also be posted on the Health Facilities and Services Review Board's web site and sent to the State Representative and State Senator of the district in which the health care facility is located and to the Office of the Attorney General. An application for change of ownership of a hospital shall not be deemed complete without a signed certification that for a period of 2 years after the change of ownership transaction is effective, the hospital will not adopt a charity care policy that is
more restrictive than the policy in effect during the year prior to the transaction. An application for a change of ownership need not contain signed transaction documents so long as it includes the following key terms of the transaction:  names and background of the parties; structure of the transaction; the person who will be the licensed or certified entity after the transaction; the ownership or membership interests in such licensed or certified entity both prior to and after the transaction; fair market value of assets to be transferred; and the purchase price or other form of consideration to be provided for those assets. The issuance of the certificate of exemption shall be contingent upon the applicant submitting a statement to the Board within 90 days after the closing date of the transaction, or such longer period as provided by the Board, certifying that the change of ownership has been completed in accordance with the key terms contained in the application.  If such key terms of the transaction change, a new application shall be required.
Where a change of ownership is among related persons, and there are no other changes being proposed at the health care facility that would otherwise require a permit or exemption under this Act, the applicant shall submit an application consisting of a standard notice in a form set forth by the Board briefly explaining the reasons for the proposed change of ownership. Once such an application is submitted to the Board and reviewed by the Board staff, the Board Chair shall take action on an application for an exemption for a change of ownership among related persons within 45 days after the application has been deemed complete, provided the application meets the applicable standards under this Section.  If the Board Chair has a conflict of interest or for other good cause, the Chair may request review by the Board. Notwithstanding  any other provision of this Act, for purposes of this Section, a change of ownership among related persons means a transaction where the parties to the transaction are under common control or ownership before and after the transaction is completed.
Nothing in this Act shall be construed as authorizing the Board to impose any conditions, obligations, or limitations, other than those required by this Section, with respect to the issuance of an exemption for a change of ownership, including, but not limited to, the time period before which a subsequent change of ownership of the health care facility could be sought, or the commitment to continue to offer for a specified time period any services currently offered by the health care facility.
The changes made by this amendatory Act of the 103rd General Assembly are inoperative on and after January 1, 2027.
(a-3) (Blank).
(a-5) Upon a finding that an application to discontinue a category of service is complete and provides the requested information, as specified by the State Board, an exemption shall be issued.  No later than 30 days after the issuance of the exemption, the health care facility must give written notice of the discontinuation of the category of service to the State Senator and State Representative serving the legislative district in which the health care facility is located. No later than 90 days after a discontinuation of a category of service, the applicant must submit a statement to the State Board certifying that the discontinuation is complete.
(b) If a public hearing is requested, it shall be held at least 15 days but no more than 30 days after the date of publication of the legal notice in the community in which the facility is located. The hearing shall be held in  the affected area or community in a place of reasonable size and accessibility and a full and complete written transcript of the proceedings shall be made. All interested persons attending the hearing shall be given a reasonable opportunity to present their positions in writing or orally. The applicant shall provide a summary or describe the proposed change of ownership at the public hearing.
(c) For the purposes of this Section "newspaper of limited circulation" means a newspaper intended to serve a particular or defined population of a specific geographic area within a Metropolitan Statistical Area such as a municipality, town, village, township, or community area, but does not include publications of professional and trade associations.
(d) The changes made to this Section by this amendatory  Act of the 101st General Assembly shall apply to all applications submitted after the effective date of this amendatory Act of the  101st General Assembly.
(Source: P.A. 103-526, eff. 1-1-24.)
(20 ILCS 3960/8.7)
(Section scheduled to be repealed on December 31, 2029)
Sec. 8.7. Application for permit for discontinuation of a health care facility or category of service; public notice and public hearing.
(a) Upon a finding that an application to close a health care facility or discontinue a category of service is complete, the State Board shall publish a legal notice on 3 consecutive days in a newspaper of general circulation in the area or community to be affected and afford the public an opportunity to request a hearing.  If the application is for a facility located in a Metropolitan Statistical Area, an additional legal notice shall be published in a newspaper of limited circulation, if one exists, in the area in which the facility is located.  If the newspaper of limited circulation is published on a daily basis, the additional legal notice shall be published on 3 consecutive days.  The legal notice shall also be posted on the Health Facilities and Services Review Board's website and sent to the State Representative and State Senator of the district in which the health care facility is located.  In addition, the health care facility shall provide notice of closure to the local media that the health care facility would routinely notify about facility events.
An application to close a health care facility shall only be deemed complete if it includes evidence that the health care facility provided written notice at least 30 days prior to filing the application of its intent to do so to the municipality in which it is located, the State Representative and State Senator of the district in which the health care facility is located, the State Board, the Director of Public Health, and  the Director of Healthcare and Family Services. The changes made to this subsection by this amendatory Act of the 101st General Assembly shall apply to all applications submitted after the effective date of this amendatory Act of the 101st General Assembly.
(b) No later than 30 days after issuance of a permit to close a health care facility or discontinue a category of service, the permit holder shall give written notice of the closure or discontinuation to the State Senator and State Representative serving the legislative district in which the health care facility is located.
(c)(1)  If there is a pending lawsuit that challenges an application to discontinue a health care facility that either names the Board as a party or alleges fraud in the filing of the application, the Board may defer action on the application for up to 6 months after the date of the initial deferral of the application.
(2) The Board may defer action on an application to discontinue a hospital that is pending before the Board as of the effective date of this amendatory Act of the 102nd General Assembly for up to 60 days after the effective date of this amendatory Act of the 102nd General Assembly.
(3) The Board may defer taking final action on an application to discontinue a hospital that is filed on or after January 12, 2021, until the earlier to occur of: (i) the expiration of the  statewide disaster declaration proclaimed by the Governor of the  State of Illinois due to the COVID-19 pandemic that is in effect on January 12, 2021, or any extension thereof, or July 1, 2021, whichever occurs later; or (ii) the expiration of the declaration of a public health emergency due to the COVID-19 pandemic as declared by the Secretary of the U.S. Department of Health and Human Services that is in effect on January 12, 2021, or any extension thereof, or July 1, 2021, whichever occurs later.   This paragraph (3) is repealed as of the date of the expiration of the statewide disaster declaration proclaimed by the Governor of the  State of Illinois due to the  COVID-19 pandemic that is in effect on January 12, 2021, or any extension thereof, or July 1, 2021, whichever occurs later.
(d) The changes made to this Section by this amendatory  Act of the 101st General Assembly shall apply to all applications submitted after the effective date of this amendatory Act of the  101st General Assembly.
(Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20; 102-4, eff. 4-27-21.)
(20 ILCS 3960/8.9)
Sec. 8.9. Re-establishing discontinued general acute care hospital. Notwithstanding any provision of law to the contrary, a party seeking to re-establish a previously discontinued general acute care hospital under this Act shall be authorized to file a certificate of exemption under the Act if the following conditions are met:
(1)   the previously discontinued general acute care     hospital was a safety net hospital, as defined pursuant to Section 5-5e.1 of the Illinois Public Aid Code, at the time the Review Board approved the closure of the previously discontinued general acute care hospital, or had a Medicaid inpatient utilization rate in excess of 40% as determined by the Department of Healthcare and Family Services in the last rate year prior to the time the Review Board approved the closure of the previously discontinued general acute care hospital;
(2)   the previously discontinued general acute care     hospital surrendered its general acute care hospital license to the Department of Public Health between January 1, 2019 and December 31, 2020;
(3)   the certificate of exemption seeks to     re-establish the same number of total authorized beds as were previously authorized by the Department of Public Health at the previously discontinued general acute care hospital;
(4)   the party seeking to re-establish a previously     discontinued general acute care hospital commits to spend at least $20,000,000 to re-establish the previously discontinued general acute care hospital, which would include the cost of land acquisition, building acquisition, new construction, and new equipment;
(5)   the party seeking to re-establish a previously     discontinued general acute care hospital will adopt and maintain for at least a period of 2 years a charity care policy that is no less restrictive than was in place at the previously discontinued general acute care hospital;
(6)   the party seeking to re-establish a previously     discontinued general acute care hospital will accept Medicaid and Medicaid managed care patients; and
(7)   the party seeking to re-establish a previously     discontinued general acute care hospital will agree to maintain ownership of the re-established general acute care hospital for no less than 5 years after the re-established general acute care hospital has been issued a new general acute care hospital license from the Department of Public Health.
(Source: P.A. 102-3, eff. 4-6-21.)
(20 ILCS 3960/8.9a)
Sec. 8.9a. Extension of project completion date. Any party that has previously received approval by the State Board to re-establish a previously discontinued general acute care hospital in accordance with Section 8.9 of this Act shall have the automatic right to extend the project completion date listed by the party in the party's certificate of exemption application by providing notice to the State Board of the new project completion date.
(Source: P.A. 102-1118, eff. 1-18-23.)
(20 ILCS 3960/9)
Sec. 9. (Repealed).
(Source: P.A. 81-149. Repealed by P.A. 96-31, eff. 6-30-09.)
(20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160)
(Section scheduled to be repealed on December 31, 2029)
Sec. 10. Presenting information relevant to the approval of a permit or
certificate or in opposition to the denial of the application; notice of
outcome and review proceedings.  When a motion by the State Board, to approve
an application for
a permit, fails to pass,
 the applicant or the holder
of the
permit, as the case may be, and such other parties as the State Board permits,
will be given an opportunity to appear before the State Board and present
such information as may be relevant to the approval of a permit.
Subsequent to an appearance by the applicant before the State Board or
default of such opportunity to appear, a motion by the State Board to approve
an application for a permit which fails to pass
 shall be considered denial of the application for a permit, as the case may be.  Such action of denial or an
action by the State Board to revoke a permit
shall be communicated to the applicant or holder of the permit.  Such person or organization shall be afforded an opportunity
for a hearing before an administrative law judge, who is appointed by the Chairman of the State Board.  A written notice of a request for such hearing shall be
served upon the Chairman of the State Board within 30 days following
notification of the decision of the State Board.  The administrative law judge shall take actions
necessary to ensure that the hearing is completed within a
reasonable period of time, but not to exceed 120 days, except for delays or
continuances agreed to by the
person requesting the hearing.
 Following its consideration
of the report of the hearing, or upon default of the party to the hearing,
the State Board shall make its final determination, specifying its findings and
conclusions
within 90 days of receiving the written report of the hearing.
 A copy of such determination shall be sent by certified
mail or served personally upon the party.
A full and complete record shall be kept of all proceedings,
including the notice of hearing, complaint, and all other documents in
the nature of pleadings, written motions filed in the proceedings, and
the report and orders of the State Board or hearing officer. All
testimony shall be reported but need not be transcribed unless the
decision is appealed in accordance with the Administrative Review Law,
as now or hereafter amended.  A copy or copies of the transcript may be
obtained by any interested party on payment of the cost of preparing
such copy or copies.
The State Board or hearing officer shall upon its own or his  motion,
or on the written request of any party to the proceeding who has, in the
State Board's or hearing officer's opinion, demonstrated the relevancy
of such request to the outcome of the proceedings, issue subpoenas
requiring the attendance and the giving of testimony by witnesses, and
subpoenas duces tecum requiring the production of books, papers,
records, or memoranda. The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before the circuit court of
this State.
When the witness is subpoenaed at the instance of the State Board, or
its hearing officer, such fees shall be paid in the same manner as other
expenses of the Board, and when the witness is subpoenaed at the
instance of any other party to any such proceeding the State Board may,
in accordance with its rules, require that the cost of
service of the subpoena or subpoena duces tecum and the fee of the
witness be borne by the party at whose instance the witness is summoned.
In such case, the State Board in its discretion, may require a deposit
to cover the cost of such service and witness fees. A subpoena or
subpoena duces tecum so issued shall be served in the same manner as a
subpoena issued out of a court.
Any circuit court of this State upon the application of the State
Board or upon the application of any other party to the proceeding, may,
in its discretion, compel the attendance of witnesses, the production of
books, papers, records, or memoranda and the giving of testimony before
it or its hearing officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court.
(Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)
(20 ILCS 3960/11) (from Ch. 111 1/2, par. 1161)
(Section scheduled to be repealed on December 31, 2029)
Sec. 11. 
Any person who is adversely affected by a final decision of the
State Board may have
such decision judicially reviewed. The provisions of the Administrative
Review Law, as now or hereafter amended, and the rules adopted pursuant
thereto shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the State Board. The term
"administrative decisions" is as defined in Section 3-101 of the Code of
Civil Procedure. In order to comply with subsection (b) of Section 3-108 of the Administrative Review Law of the Code of Civil Procedure, the State Board shall transcribe each State Board meeting using a certified court reporter.  The transcript shall contain the record of the findings and decisions of the State Board.
(Source: P.A. 98-1086, eff. 8-26-14.)
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
(Section scheduled to be repealed on December 31, 2029)
Sec. 12. Powers and duties of State Board. For purposes of this Act,
the State Board
shall
exercise the following powers and duties:
(1) Prescribe rules, regulations, standards,     criteria, procedures or reviews which may vary according to the purpose for which a particular review is being conducted or the type of project reviewed and which are required to carry out the provisions and purposes of this Act. Policies and procedures of the State Board shall take into consideration the priorities and needs of medically underserved areas and other health care services, giving special consideration to the impact of projects on access to safety net services.
(2) Adopt procedures for public notice and hearing on     all proposed rules, regulations, standards, criteria, and plans required to carry out the provisions of this Act.
(3) (Blank).
(4) Develop criteria and standards for health care     facilities planning, conduct statewide inventories of health care facilities, maintain an updated inventory on the Board's web site reflecting the most recent bed and service changes and updated need determinations when new census data become available or new need formulae are adopted, and develop health care facility plans which shall be utilized in the review of applications for permit under this Act.  Such health facility plans shall be coordinated by the Board with pertinent State Plans. Inventories pursuant to this Section of skilled or intermediate care facilities licensed under the Nursing Home Care Act, skilled or intermediate care facilities licensed under the ID/DD Community Care Act, skilled or intermediate care facilities licensed under the MC/DD Act, facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013, or nursing homes licensed under the Hospital Licensing Act shall be conducted on an annual basis no later than July 1 of each year and shall include among the information requested a list of all services provided by a facility to its residents and to the community at large and differentiate between active and inactive beds.
In developing health care facility plans, the State     Board shall consider, but shall not be limited to, the following:
(a) The size, composition and growth of the         population of the area to be served;
(b) The number of existing and planned facilities         offering similar programs;
(c) The extent of utilization of existing         facilities;
(d) The availability of facilities which may         serve as alternatives or substitutes;
(e) The availability of personnel necessary to         the operation of the facility;
(f) Multi-institutional planning and the         establishment of multi-institutional systems where feasible;
(g) The financial and economic feasibility of         proposed construction or modification; and
(h) In the case of health care facilities         established by a religious body or denomination, the needs of the members of such religious body or denomination may be considered to be public need.
The health care facility plans which are developed     and adopted in accordance with this Section shall form the basis for the plan of the State to deal most effectively with statewide health needs in regard to health care facilities.
(5) Coordinate with other state agencies having     responsibilities affecting health care facilities, including those of licensure and cost reporting.
(6) Solicit, accept, hold and administer on behalf of     the State any grants or bequests of money, securities or property for use by the State Board in the administration of this Act; and enter into contracts consistent with the appropriations for purposes enumerated in this Act.
(7) (Blank).
(8) Prescribe rules, regulations, standards, and     criteria for the conduct of an expeditious review of applications for permits for projects of construction or modification of a health care facility, which projects are classified as emergency, substantive, or non-substantive in nature.
Substantive projects shall include no more than  the     following:
(a) Projects to construct (1) a new or         replacement facility located on a new site or (2) a  replacement facility located on the same site as the original facility and the cost of  the replacement facility exceeds the capital expenditure minimum, which shall be reviewed by the Board within 120 days;
(b) Projects proposing a (1) new service within         an existing healthcare facility or (2) discontinuation of a service within an existing healthcare facility, which shall be reviewed by the Board within 60 days; or
(c) Projects proposing a change in the bed         capacity of a health care facility by an increase in the total number of beds or by a redistribution of beds among various categories of service or by a relocation of  beds from one physical facility or site to another by more than 20 beds or more than 10% of total bed capacity, as defined by the State Board, whichever is less, over a 2-year period.
The Chairman may approve applications for exemption     that meet the criteria set forth in rules or refer them to the full Board.  The Chairman may approve any unopposed application that meets  all of the review criteria or refer them to the full Board.
Such rules shall not prevent the conduct of a public     hearing upon the timely request of an interested party.  Such reviews shall not exceed 60 days from the date the application is declared to be complete.
(9) Prescribe rules, regulations, standards, and     criteria pertaining to the granting of permits for construction and modifications which are emergent in nature and must be undertaken immediately to prevent or correct structural deficiencies or hazardous conditions that may harm or injure persons using the facility, as defined in the rules and regulations of the State Board. This procedure is exempt from public hearing requirements of this Act.
(10) Prescribe rules, regulations, standards and     criteria for the conduct of an expeditious review, not exceeding 60 days, of applications for permits for projects to construct or modify health care facilities which are needed for the care and treatment of persons who have acquired immunodeficiency syndrome (AIDS) or related conditions.
(10.5) Provide its rationale when voting on an item     before it at a State Board meeting in order to comply with subsection (b) of Section 3-108 of the Code of Civil Procedure.
(11)  Issue written decisions upon request of the     applicant or an adversely affected party to the Board. Requests for a written decision shall be made within 15 days after the Board meeting in which a final decision has been made.  A "final decision" for purposes of this Act is the decision to approve or deny an application, or take other actions permitted under this Act, at the time and date of the meeting that such action is scheduled by the Board. The transcript of the State Board meeting shall be incorporated into the Board's final decision. The staff of the Board shall prepare a written copy of the final decision and the Board shall approve a final copy for inclusion in the formal record. The Board shall consider, for approval, the written draft of the final decision no later than the next scheduled Board meeting. The written decision shall identify the applicable criteria and factors listed in this Act and the Board's regulations that were taken into consideration by the Board when coming to a final decision. If the Board denies or fails to approve an application for permit or exemption, the Board shall include in the final decision a detailed explanation as to why the application was denied and identify what specific criteria or standards the applicant did not fulfill.
(12) (Blank).
(13)  Provide a mechanism for the public to comment     on, and request changes to, draft rules and standards.
(14)  Implement public information campaigns to     regularly inform the general public about the opportunity for public hearings and public hearing procedures.
(15) Establish a separate set of rules and guidelines     for long-term care that recognizes that nursing homes are a different business line and service model from other regulated facilities. An open and transparent process shall be developed that considers the following: how skilled nursing fits in the continuum of care with other care providers, modernization of nursing homes, establishment of more private rooms, development of alternative services, and current trends in long-term care services.  The Chairman of the Board shall appoint a permanent Health Services Review Board Long-term Care Facility Advisory Subcommittee that shall develop and recommend to the Board the rules to be established by the Board under this paragraph (15). The Subcommittee shall also provide continuous review and commentary on policies and procedures relative to long-term care and the review of related projects. The Subcommittee shall make recommendations to the Board no later than January 1, 2016 and every January thereafter pursuant to the Subcommittee's responsibility for the continuous review and commentary on policies and procedures relative to long-term care. In consultation with other experts from the health field of long-term care, the Board and the Subcommittee shall study new approaches to the current bed need formula and Health Service Area boundaries to encourage flexibility and innovation in design models reflective of the changing long-term care marketplace and consumer preferences and submit its recommendations to the Chairman of the Board no later than January 1, 2017. The Subcommittee shall evaluate, and make recommendations to the State Board regarding, the buying, selling, and exchange of beds between long-term care facilities within a specified geographic area or drive time. The Board shall file the proposed related administrative rules for the separate rules and guidelines for long-term care required by this paragraph (15) by no later than September 30, 2011.  The Subcommittee shall be provided a reasonable and timely opportunity to review and comment on any review, revision, or updating of the criteria, standards, procedures, and rules used to evaluate project applications as provided under Section 12.3 of this Act.
The Chairman of the Board shall appoint voting     members of the Subcommittee, who shall serve for a period of 3 years, with one-third of the terms expiring each January, to be determined by lot. Appointees shall include, but  not be limited to, recommendations from each of the 3 statewide long-term care associations, with an equal number to be appointed from each. Compliance with this provision shall be through the appointment and reappointment process. All appointees serving as of April 1, 2015 shall serve to the end of their term as determined by lot or until the appointee voluntarily resigns, whichever is earlier.
One representative from the Department of Public     Health, the Department of Healthcare and Family Services, the Department on Aging, and the Department of Human Services may each serve as an ex-officio non-voting member of the Subcommittee. The Chairman of the Board shall select a Subcommittee Chair, who shall serve for a period of 3 years.
(16) Prescribe the format of the State Board Staff     Report. A State Board Staff Report shall pertain to applications that include, but are not limited to, applications for permit or exemption, applications for permit renewal, applications for extension of the financial commitment period, applications requesting a declaratory ruling, or applications under the Health Care Worker Self-Referral Act.  State Board Staff Reports shall compare applications to the relevant review criteria under the Board's rules.
(17) Establish a separate set of rules and guidelines     for facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013.  An application for the re-establishment of a facility in connection with the relocation of the facility shall not be granted unless the applicant has a contractual relationship with at least one hospital to provide emergency and inpatient mental health services required by facility consumers, and at least one community mental health agency to provide oversight and assistance to facility consumers while living in the facility, and appropriate services, including case management, to assist them to prepare for discharge and  reside stably in the community thereafter.  No new facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013 shall be established after June 16, 2014 (the effective date of Public Act 98-651) except in connection with the relocation of an existing facility to a new location. An application for a new location shall not be approved unless there are adequate community services accessible to the consumers within a reasonable distance, or by use of public transportation, so as to facilitate the goal of achieving maximum individual self-care and independence.  At no time shall the total number of authorized beds under this Act in facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013 exceed the number of authorized beds on June 16, 2014 (the effective date of Public Act 98-651).
(18)   Elect a Vice Chairman to preside over State     Board meetings and otherwise act in place of the Chairman when the Chairman is unavailable. (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; 101-83, eff. 7-15-19.)
(20 ILCS 3960/12.1) (from Ch. 111 1/2, par. 1162.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 12.1. 
		
		The State Board shall, by rule, define terms and set those
conditions necessary to implement the Health Care Worker Self-Referral
Act.  The rules shall be promulgated and adopted exclusively and solely by
the State Board.
(Source: P.A. 90-14, eff. 7-1-97.)
(20 ILCS 3960/12.2)
(Section scheduled to be repealed on December 31, 2029)
Sec. 12.2. Powers of the State Board staff. For purposes of this Act,
the staff shall exercise the following powers and duties:
(1) Review applications for permits and exemptions in     accordance with the standards, criteria, and plans of need established by the State Board under this Act and certify its finding to the State Board.
(1.5) Post the following on the Board's web site:     relevant (i) rules, (ii) standards, (iii) criteria, (iv) State norms, (v) references used by Board staff in making determinations about whether application criteria are met, and (vi) notices of project-related filings, including notice of public comments related to the application.
(2) Charge and collect an amount determined by the     State Board and the staff to be reasonable fees for the processing of applications by the State Board. The State Board shall set the amounts by rule.  Application fees for continuing care retirement communities, and other health care models that include regulated and unregulated components, shall apply only to those components subject to regulation under this Act. All fees and fines collected under the provisions of this Act shall be deposited into the Illinois Health Facilities Planning Fund to be used for the expenses of administering this Act.
(2.1) Publish the following reports on the State     Board website:
(A) An annual accounting, aggregated by category         and with names of parties redacted, of fees, fines, and other revenue collected as well as expenses incurred, in the administration of this Act.
(B) An annual report, with names of the parties         redacted, that summarizes all settlement agreements entered into with the State Board that resolve an alleged instance of noncompliance with State Board requirements under this Act.
(C) (Blank).
(D) Board reports showing the degree to which an         application conforms to the review standards, a summation of relevant public testimony, and any additional information that staff wants to communicate.
(3) Coordinate with other State agencies having     responsibilities affecting health care facilities, including licensure and cost reporting agencies.
(4)   Issue advisory opinions upon request. Staff     advisory opinions do not constitute determinations by the State Board. Determinations by the State Board are made through the declaratory ruling process. (Source: P.A. 100-681, eff. 8-3-18; 101-83, eff. 7-15-19.)
(20 ILCS 3960/12.3)
(Section scheduled to be repealed on December 31, 2029)
Sec. 12.3. Revision of criteria, standards, and rules. At least every 2 years, the State Board shall review, revise, and
update the
criteria, standards, and rules used to evaluate applications for permit and exemption. The Board may appoint temporary advisory committees made up of experts with professional competence in the subject matter of the proposed standards or criteria to assist in the development of revisions to requirements, standards, and criteria. In
particular, the review of
the criteria, standards, and rules shall consider:
(1) Whether the requirements, criteria, and standards     reflect current industry standards and anticipated trends.
(2) Whether the criteria and standards can be reduced     or eliminated.
(3) Whether requirements, criteria, and standards can     be developed to authorize the construction of unfinished space for future use when the ultimate need for such space can be reasonably projected.
(4) Whether the criteria and standards take into     account issues related to population growth and changing demographics in a community.
(5) Whether facility-defined service and planning     areas should be recognized.
(6) Whether categories of service that are subject to     review should be re-evaluated, including provisions related to structural, functional, and operational differences between long-term care facilities and acute care facilities and that allow routine changes of ownership, facility sales, and closure requests to be processed on a more timely basis. (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)
(20 ILCS 3960/12.4)
(Section scheduled to be repealed on December 31, 2029)
Sec. 12.4. Hospital reduction in health care services; notice. If a hospital reduces any of the Categories of Service as outlined in Title 77, Chapter II, Part 1110 in the Illinois Administrative Code, or any other service as defined by rule by the State Board, by 50% or more according to rules adopted by the State Board, then within 30 days after reducing the service, the hospital must give written notice of the reduction in service to the State Board, the Department of Public Health,  and the State Senator and State Representative serving the legislative district in which the hospital is located. The State Board shall adopt rules to implement this Section, including rules that specify (i) how each health care service is defined, if not already defined in the State Board's rules, and (ii) what constitutes a reduction in service of 50% or more.
(Source: P.A. 100-681, eff. 8-3-18.)
(20 ILCS 3960/12.5)
(Section scheduled to be repealed on December 31, 2029)
Sec. 12.5. Update existing bed inventory and associated bed need projections.  The State Board shall regularly update the existing bed inventory and associated bed need projections required by Sections 12 and 12.3 of this Act, using the most recently published historical utilization data, 5-year population projections, and an appropriate migration factor for the medical-surgical and pediatric category of service which shall be no less than 50%.  The State Board shall provide written documentation providing the methodology and rationale used to determine the appropriate migration factor.
(Source: P.A. 100-681, eff. 8-3-18.)
(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
(Section scheduled to be repealed on December 31, 2029)
Sec. 13. Investigation of applications for permits. The State Board shall make or cause to be made
such investigations as it deems necessary in connection
with an application for a permit, or in connection with a determination of whether or not
construction
or modification that has been commenced is in accord with the permit issued
by the State Board, or whether construction or modification has been commenced
without a permit having been obtained.  The State Board may issue subpoenas
duces tecum requiring the production of records and may administer oaths
to such witnesses.
Any circuit court of this State, upon the application of the State Board
or upon the application of any party to such proceedings, may, in its
discretion,
compel the attendance of witnesses, the production of books, papers, records,
or memoranda and the giving of testimony before the State Board, by a
proceeding
as for contempt, or otherwise, in the same manner as production of evidence
may be compelled before the court.
The State Board shall require all health facilities operating
in this State
to provide such reasonable reports at such times and containing such
information
as is needed by it to carry out the purposes and provisions of this Act.
 Prior to collecting information from health facilities, the State Board
shall make reasonable efforts
through a public process to consult with health facilities and associations
that represent them to determine
whether data and information requests will result in useful information for
health planning, whether
sufficient information is available from other sources, and whether data
requested is routinely collected
by health facilities and is available without retrospective record review. Data
and information requests
shall not impose undue paperwork burdens on health care facilities and
personnel.
 Health facilities not complying with this requirement shall be reported
to licensing, accrediting, certifying, or payment agencies as being in
violation
of State law. Health care facilities and other parties at interest shall
have reasonable access, under rules established by the State Board, to all
planning information submitted in accord with this Act pertaining to their
area.
Among the reports to be required by the State Board are facility questionnaires for health care facilities licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, the Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013 and health care facilities that are required to meet the requirements of  42 CFR 494  in order to be certified for participation in Medicare and Medicaid under Titles XVIII and XIX of the federal Social Security Act. These questionnaires shall be conducted on an annual basis and compiled by the State Board. For health care facilities licensed under the Nursing Home Care Act or the Specialized Mental Health Rehabilitation Act of 2013, these reports shall include, but not be limited to, the identification of specialty services provided by the facility to patients, residents, and the community at large. Annual reports for facilities licensed under the ID/DD Community Care Act and facilities licensed under the MC/DD Act shall be different from the annual reports required of other health care facilities and shall be specific to those facilities licensed under the ID/DD Community Care Act or the MC/DD Act.  The Health Facilities and Services Review Board shall consult with associations representing facilities licensed under the ID/DD Community Care Act and associations representing facilities licensed under the MC/DD Act when developing the information requested in these annual reports. For health care facilities that contain long term care beds, the reports shall also include the number of staffed long term care beds, physical capacity for long term care beds at the facility, and long term care beds available for immediate occupancy. For purposes of this paragraph, "long term care beds" means beds
(i) licensed under the Nursing Home Care Act,  (ii) licensed under the ID/DD Community Care Act, (iii) licensed under the MC/DD Act, (iv) licensed under the Hospital Licensing Act, or (v) licensed under the Specialized Mental Health Rehabilitation Act of 2013 and certified as skilled nursing or nursing facility beds under Medicaid or Medicare.
(Source: P.A. 100-681, eff. 8-3-18; 100-957, eff. 8-19-18; 101-81, eff. 7-12-19.)
(20 ILCS 3960/13.1) (from Ch. 111 1/2, par. 1163.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 13.1. 
		
		Any person establishing, constructing, or modifying a
health care facility
or portion thereof without obtaining a required permit, or in violation of
the terms of the required permit, shall not be eligible
to apply for any necessary operating licenses or be eligible
for payment by any State agency for services rendered in that facility until
the required permit is obtained.
(Source: P.A. 88-18.)
(20 ILCS 3960/14) (from Ch. 111 1/2, par. 1164)
(Section scheduled to be repealed on December 31, 2029)
Sec. 14. 
		
		Any person acquiring major medical equipment or establishing,
constructing or modifying a health care facility without a permit issued
under this Act or in violation of the terms of such a permit is guilty of
a business offense and may be fined up to $25,000. The State's
Attorneys
of the several counties or the Attorney General shall represent the People
of the State of Illinois in proceedings under this Section.  The prosecution
of an offense under this Section shall not prohibit the imposition of any other
sanction provided under this Act.
(Source: P.A. 88-18.)
(20 ILCS 3960/14.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 14.1. Denial of permit; other sanctions.
(a) The State Board may deny an application for a permit or may revoke or
take other action as permitted by this Act with regard to a permit as the State
Board deems appropriate, including the imposition of fines as set forth in this
Section, for any one or a combination of the following:
(1) The acquisition of major medical equipment     without a permit or in violation of the terms of a permit.
(2) The establishment, construction, modification, or     change of ownership of a health care facility without a permit or exemption or in violation of the terms of a permit.
(3) The violation of any provision of this Act or any     rule adopted under this Act.
(4) The failure, by any person subject to this Act,     to provide information requested by the State Board or Agency within 30 days after a formal written request for the information.
(5) The failure to pay any fine imposed under this     Section within 30 days of its imposition.
(a-5) For facilities licensed under the ID/DD Community Care Act, no permit shall be denied on the basis of prior operator history, other than for actions specified under item (2), (4), or (5) of Section 3-117 of the ID/DD Community Care Act. For facilities licensed under the MC/DD Act, no permit shall be denied on the basis of prior operator history, other than for actions specified under item (2), (4), or (5) of Section 3-117 of the MC/DD Act. For facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013, no permit shall be denied on the basis of prior operator history, other than for actions specified under subsections (a) and (b) of Section 4-109 of the Specialized Mental Health Rehabilitation Act of 2013. For facilities licensed under the Nursing Home Care Act, no permit shall be denied on the basis of prior operator history, other than for: (i) actions specified under item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing Home Care Act; (ii) actions specified under item (a)(6) of Section 3-119 of the Nursing Home Care Act; or (iii) actions within the preceding 5 years constituting a substantial and repeated failure to comply with the Nursing Home Care Act or the rules and regulations adopted  by the Department under that Act.  The State Board shall not deny  a permit on account of any action described in this subsection (a-5)  without also considering all such  actions in the light of all relevant information available to the State Board, including whether the permit is sought to substantially comply with a mandatory or voluntary plan of correction associated with any action described in this subsection (a-5).
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the     requirements of maintaining a valid permit shall be fined an amount not to exceed 1% of the approved permit amount plus an additional 1% of the approved permit amount for each 30-day period, or fraction thereof, that the violation continues.
(2) A permit holder who alters the scope of an     approved project or whose project costs exceed the allowable permit amount without first obtaining approval from the State Board shall be fined an amount not to exceed the sum of (i) the lesser of $25,000 or 2% of the approved permit amount and (ii) in those cases where the approved permit amount is exceeded by more than $1,000,000, an additional $20,000 for each $1,000,000, or fraction thereof, in excess of the approved permit amount.
(2.5) A permit or exemption holder who fails to     comply with the post-permit and reporting requirements set forth in Sections 5 and 8.5 shall be fined an amount not to exceed $10,000 plus an additional $10,000 for each 30-day period, or fraction thereof, that the violation continues. The accrued fine is not waived by the permit or exemption holder submitting the required information and reports. Prior to any fine beginning to accrue, the Board shall notify, in writing, a permit or exemption holder of the due date for the post-permit and reporting requirements no later than 30 days before the due date for the requirements. The exemption letter shall serve as the notice for exemptions.
(3) A person who acquires major medical equipment or     who establishes a category of service without first obtaining a permit or exemption, as the case may be, shall be fined an amount not to exceed $10,000 for each such acquisition or category of service established plus an additional $10,000 for each 30-day period, or fraction thereof, that the violation continues.
(4) A person who constructs, modifies, establishes,     or changes ownership of a health care facility without first obtaining a permit or exemption shall be fined an amount not to exceed $25,000 plus an additional $25,000 for each 30-day period, or fraction thereof, that the violation continues.
(5) A person who discontinues a health care facility     or a category of service without first obtaining a permit or exemption shall be fined an amount not to exceed $10,000 plus an additional $10,000 for each 30-day period, or fraction thereof, that the violation continues. For purposes of this subparagraph (5), facilities licensed under the Nursing Home Care Act, the ID/DD Community Care Act, or the MC/DD Act, with the exceptions of facilities operated by a county or Illinois Veterans Homes, are exempt from this permit requirement.  However, facilities licensed under the Nursing Home Care Act, the ID/DD Community Care Act, or the MC/DD Act must comply with Section 3-423 of the Nursing Home Care Act, Section 3-423 of the ID/DD Community Care Act, or Section 3-423 of the MC/DD Act and must provide the Board and the Department of Human Services with 30 days' written notice of their intent to close. Facilities licensed under the ID/DD Community Care Act or the MC/DD Act also must provide the Board and the Department of Human Services with 30 days' written notice of their intent to reduce the number of beds for a facility.
(6) A person subject to this Act who fails to provide     information requested by the State Board or Agency within 30 days of a formal written request shall be fined an amount not to exceed $1,000 plus an additional $1,000 for each 30-day period, or fraction thereof, that the information is not received by the State Board or Agency.
(b-5) The State Board may accept in-kind services or donations instead of or in combination with the imposition of a fine. This authorization is limited to cases where the non-compliant individual or entity has waived the right to an administrative hearing or opportunity to appear before the Board regarding the non-compliant matter.
(c) Before imposing any fine authorized under this Section, the State Board
shall afford the person or permit holder, as the case may be, an appearance
before the State Board and an opportunity for a hearing before a hearing
officer appointed by the State Board.  The hearing shall be conducted in
accordance with Section 10. Requests for an appearance before the State Board must be made within 30 days after receiving notice that a fine will be imposed.
(d) All fines collected under this Act shall be transmitted to the State
Treasurer, who shall deposit them into the Illinois Health Facilities Planning
Fund.
(e) Fines imposed under this Section shall continue to accrue until: (i) the date that the matter is referred by the State Board to the Board's legal counsel; or (ii) the date that the health care facility becomes compliant with the Act, whichever is earlier.
(Source: P.A. 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-527, eff. 1-1-17; 99-642, eff. 6-28-16; 100-681, eff. 8-3-18.)
(20 ILCS 3960/15) (from Ch. 111 1/2, par. 1165)
(Section scheduled to be repealed on December 31, 2029)
Sec. 15. 
Notwithstanding the existence or pursuit of any other remedy,
the State Board may, in the manner provided by law, upon the
advice of the Attorney
General who shall represent the State Board in the
proceedings, maintain an action
in the name of the State for injunction or other process against any person
or governmental unit to restrain or prevent the acquisition of major medical
equipment, or the establishment, construction or modification of a health
care facility without the required permit, or to restrain or prevent the
occupancy or utilization of the equipment acquired or facility which was
constructed or modified without the required permit.
(Source: P.A. 98-1086, eff. 8-26-14.)
(20 ILCS 3960/15.1) (from Ch. 111 1/2, par. 1165.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 15.1. 
No individual who, as a member of the State Board, or as an employee of the State, shall, by reason of his
performance of any duty, function, or activity required of, or authorized
to be undertaken by this Act, be liable for the payment of damages under
any law of the State, if he has acted within the scope of such duty, function,
or activity, has exercised due care, and has acted, with respect to that
performance, without malice toward any person affected by it.
(Source: P.A. 96-31, eff. 6-30-09.)
(20 ILCS 3960/15.5)
Sec. 15.5. (Repealed).
(Source: P.A. 95-771, eff. 7-31-08. Repealed by P.A. 96-31, eff. 6-30-09.)
(20 ILCS 3960/16) (from Ch. 111 1/2, par. 1166)
(Section scheduled to be repealed on December 31, 2029)
Sec. 16. 
		
		If any provision of this Act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the
provisions or application of this Act which can be given effect without the
invalid provision or application, and to this end the provisions of the Act
are declared to be severable.
(Source: P.A. 78-1156.)
(20 ILCS 3960/17) (from Ch. 111 1/2, par. 1167)
(Section scheduled to be repealed on December 31, 2029)
Sec. 17. 
		
		It is hereby specifically declared that the powers and functions
exercised and performed by the State pursuant to this Act are exclusive to
the State of Illinois and that these powers and functions shall not be
exercised, either independently or concurrently, by any home rule unit.
(Source: P.A. 78-1156.)
(20 ILCS 3960/18) (from Ch. 111 1/2, par. 1168)
(Section scheduled to be repealed on December 31, 2029)
Sec. 18. 
		
		The Illinois Administrative Procedure Act, as now
or hereafter amended, is hereby expressly adopted and
incorporated herein and shall apply to the State Board and
the Agency as if all of the provisions of such Act were
included in this Act; except that in case of a conflict
between the Administrative Procedure Act and this Act the
provisions of this Act shall control.  This Section applies
to the Agency and the State Board 6 months after the effective
date of this amendatory Act of 1977.
(Source: P.A. 80-818.)
(20 ILCS 3960/19)
(Section scheduled to be repealed on December 31, 2029)
Sec. 19. 
		Rules. 
		The rules promulgated by the Agency under this Act that
are in effect on the effective date of this amendatory Act of 1995, as
contained in Title 77 of the Illinois Administrative Code, Chapter II, Parts
1100 through 1260, inclusive, shall be the rules of the State Board.  Any
proposed rule in the process of promulgation by the Agency on the effective
date of this amendatory Act of 1995 shall be considered to be a rule proposed
by the State Board and shall retain the same status in the promulgation
process.
(Source: P.A. 89-276, eff. 8-10-95.)
(20 ILCS 3960/19.5)
Sec. 19.5. (Repealed).
(Source: P.A. 99-527, eff. 1-1-17. Repealed internally; see Performance Audit of the Health Facilities and Services Review Board November 2017, filed by the Auditor General.)
(20 ILCS 3960/19.5.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 19.5.1. Applicability of changes made by this amendatory Act of the 97th General Assembly. The changes to this Act made by this amendatory Act of the 97th General Assembly apply only to applications or modifications to permit applications filed on or after the effective date of this amendatory Act of the 97th General Assembly.
(Source: P.A. 97-1115, eff. 8-27-12.)
(20 ILCS 3960/19.6)
(Section scheduled to be repealed on December 31, 2029)
Sec. 19.6. Repeal. This Act is repealed on December 31, 2029.
(Source: P.A. 100-1138, eff. 11-28-18.)