Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart A - AUTHORITY › Section 1125.140 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Health Facilities Planning Act [20
				  ILCS 3960 ].
"Adverse Action" means a disciplinary action taken by
				  Department of Public Health, Centers for Medicare and Medicaid Services (CMMS),
				  or any other State or federal agency against a person or entity that owns
				  and/or operates a licensed or Medicare or Medicaid certified LTC facility in
				  the State of Illinois. These actions include, but are not limited to, all Type
				  A and Type AA violations. As defined in Section 1-129 of the Nursing Home Care
				  Act [210 ILCS 45 ], a "Type A violation" means a violation of the Act or of the
				  rules promulgated thereunder which creates a condition or occurrence relating
				  to the operation and maintenance of a facility that creates a substantial
				  probability that the risk of death or serious mental or physical harm to a
				  resident will result therefrom or has resulted in actual physical or mental
				  harm to a resident. As defined in Section 1-128.5 of the Nursing Home Care Act,
				  a "Type AA violation" means a violation of the Act or of the rules promulgated
				  thereunder which creates a condition or occurrence relating to the operation
				  and maintenance of a facility that proximately caused a resident's
				  death.
"Agency" or "IDPH" means the Illinois Department of Public
				  Health.
"Applicant" means one or more persons, as defined in the Act,
				  who apply for a permit or exemption. See 77 Ill. Adm. Code
				  1130.220
				  to determine what parties are necessary for an application.
"Authorized Representative" means a person who has authority
				  to act on behalf of the legal entity or person that is the applicant or permit
				  holder. Authorized representatives are: in the case of a corporation, any of
				  its officers or members of its board of directors; in the case of a limited
				  liability company, any of its managers or members (or the sole manager or
				  member when two or more managers or members do not exist); in the case of a
				  partnership, any of its general partners (or the sole general partner when two
				  or more general partners do not exist); in the case of estates and trusts, any
				  of its beneficiaries (or the sole beneficiary when two or more beneficiaries do
				  not exist); and in the case of a sole proprietor, the individual who is the
				  proprietor.
"Capital Expenditure" means an expenditure made by or on
				  behalf of an LTC facility (as such a facility is defined in the Act), 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
				  purposes of this definition, 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 expenditure minimum. Donations of
				  equipment or facilities to an LTC facility which if acquired directly by such
				  facility would be subject to review under the 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 if a transfer of the
				  equipment or facilities at fair market value would be subject to review.
				  [20 ILCS
				  3960/3 ]
"Capital Expenditure Minimum" means the dollar amount or
				  value that would require a permit for capital projects and major medical
				  equipment. Capital expenditure minimums are annually adjusted to reflect the
				  increase in construction costs due to inflation under 77 Ill. Adm. Code
				  1130.310.
"Category of Service" means a grouping by generic class of
				  various types or levels of support functions, equipment, care or treatment
				  provided to patients/residents. 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.
"CMMS" means the federal Centers for Medicare and Medicaid
				  Services.
"Chairman" means the presiding officer of HFSRB.
"Change of Ownership" means a change in the person who has
				  operational control of an existing LTC facility or a change in the person who
				  has ownership or control of an LTC facility's physical plant and capital
				  assets. A change of ownership is indicated by, but not limited to, the
				  following transactions: sale, transfer, acquisition, leases, change of
				  sponsorship or other means of transferring control. [20 ILCS
				  3960/3 ] Examples of change of ownership
				  include:
a transfer of stock or assets resulting in a person obtaining
				  majority interest (i.e., over 50%) in the person who is licensed or certified
				  (if the facility is not subject to licensure), or in the person who owns or
				  controls the LTC facility's physical plant and capital assets; or
the issuance of a license by IDPH to a person different from
				  the current licensee; or
a change in the membership or sponsorship of a not-for-profit
				  corporation; or
a change of 50% or more of the voting members of a
				  not-for-profit corporation's board of directors, during any consecutive 12
				  month period, that controls an LTC facility's operations, license,
				  certification (when the facility is not subject to licensing) or physical plant
				  and capital assets; or
a change in the sponsorship or control of the person who is
				  licensed or certified (when the facility is not subject to licensing) to
				  operate, or who
owns the physical plant and capital assets of a governmental
				  LTC facility; or
any other transaction that results in a person obtaining
				  control of an LTC facility's operations or physical plant and capital assets,
				  including leases.
"Change in the Bed Count of a Long-Term Care Facility" means
				  a change in an LTC facility's authorized bed capacity, including reductions,
				  increases with permit or allowable increases without permit. A permit or
				  exemption shall be obtained prior to the construction or modification of an LTC
				  facility which: changes the bed capacity of an LTC 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 to another by more
				  than 20 beds or 10% of total bed capacity as defined by the State Board,
				  whichever is less, over a 2-year period. [20
				  ILCS 3960/5 ]
"Charity Care" means care provided by an LTC facility for
				  which the provider does not expect to receive payment from the patient/resident
				  or a third party payer. [20 ILCS 3960/3 ]
"Clinical Service Area" means a department and/or service
				  that is directly related to the diagnosis, treatment, or rehabilitation of
				  persons receiving services from the LTC facility [20 ILCS 3960/3]. A clinical
				  service area's physical space shall include those components required under the
				  facility's licensure or Medicare and/or Medicaid certification, and/or as
				  outlined by documentation from the facility as to the physical space required
				  for appropriate clinical practice.
"Combined Service Area Project" means a project that consists
				  of both clinical service areas and non-clinical service areas.
"Completion" or "Project Completion" means that the project
				  has been brought to a conclusion as evidenced by one or more of the following
				  events:
For projects with no cost that are limited to a substantial
				  change in beds in licensed LTC facilities, the date IDPH issues a revised
				  license; or
For projects with no cost that are limited to a substantial
				  change in beds in LTC facilities or in State-operated facilities, the date the
				  first patient is treated; or
For projects limited to the establishment of a category of
				  service, the date the first patient is treated; or
For projects limited to the establishment of an LTC facility,
				  the date the LTC facility is licensed or, if licensure is not required, the
				  date the facility receives Medicare/Medicaid certification; or
For all other projects including modernization of existing
				  facilities, project completion occurs when all components of the project are
				  fulfilled as stated in the application for permit or exemption; or
For projects with permits issued with conditions, the date
				  HFSRB deems the conditions have been met.
"Completion Date" or "Project Completion Date" means the date
				  established by the applicant for the completion of the project in the approval
				  of the permit or subsequent renewal, as evidenced by one or more of the events
				  cited in the definition of "Completion".
"Construction" or "Modification" means the establishment,
				  erection, building, alteration, reconstruction, modernization, improvement,
				  extension, discontinuation, change of ownership of or by an LTC facility, or
				  the purchase or acquisition by or through an LTC 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 an LTC facility
				  which exceeds the capital expenditure minimum; however, any capital expenditure
				  made by or on behalf of an LTC facility for the construction or modification of
				  a facility licensed under the Assisted Living and Shared Housing Act [210 ILCS
				  9 ] or a conversion project undertaken in accordance with Section 30 of the
				  Older Adult Services Act [320 ILCS 42 ] shall be excluded from any obligations
				  under the Act. [20 ILCS 3960/3]
"Contested Case" is defined in Section 1-30 of the Illinois
				  Administrative Procedure Act. [5 ILCS
				  100/1-30 ].
"Control" means a person possesses any of the following
				  discretionary and non-ministerial rights or powers:
In the case of an entity, the ability to direct the
				  management and policies of the entity, whether through the voting of
				  securities, corporate membership, contract or otherwise. Examples of control
				  include, without limitation:
holding 50% or more of the outstanding voting securities of
				  an issue;
in the case of an entity that has no outstanding voting
				  securities, having the right to 50% or more of the profits or, in the event of
				  dissolution, the right to 50% or more of the assets of the entity;
having the power to appoint or remove 50% or more of the
				  governing board members of an entity;
having the power to require or approve the use of funds or
				  assets of the entity; or
having the power to approve, amend or modify the entity's
				  bylaws or other governance documents.
In the case of capital assets or real property, the power to
				  direct or cause the direction of the personal property, real property or
				  capital assets that are components of the project (i.e., fixed equipment,
				  mobile equipment, buildings and portions of buildings). Examples of control
				  include, without limitation:
ownership of 50% or more in the property or asset;
serving as lessee or sub-lessee.
"Conversion" means a change in the control of an existing LTC
				  facility's physical plant, assets, or operations by such methods as, but not
				  limited to, a change in ownership, acquisition, merger, consolidation, lease,
				  stock transfer, or change in sponsorship. Types of conversion include:
consolidation by combining two or more existing LTC
				  facilities into a new LTC facility, terminating the existence of the existing
				  or original facilities (A + B = C). Consolidation results in the establishment
				  of an LTC facility within the meaning of the Act and in the discontinuation of
				  the existing facilities, resulting in termination of license for facilities
				  subject to licensing or the loss of certification for facilities not subject to
				  licensing;
merger by the absorption of one or more existing LTC
				  facilities into another existing LTC facility. The result of the absorption is
				  that only one facility survives (A + B = B). Merger results in the modification
				  (e.g., expansion of beds or services) of the survivor facility and the
				  discontinuation of the facility being absorbed.
"Director" means the Director of the Department of Public
				  Health.
"Due Diligence" means to take such actions toward the
				  completion of a project for which a permit has been issued with that diligence
				  and foresight that persons of ordinary prudence and care commonly exercise
				  under like circumstances. An accidental or unavoidable cause that cannot be
				  avoided by the exercise of due diligence is a cause that reasonably prudent and
				  careful persons, under like circumstances, do not and would not ordinarily
				  anticipate, and whose effects under similar circumstances they do not and would
				  not ordinarily avoid.
"Entity" means any corporation, company, partnership, joint
				  venture, association, trust, foundation, fund or other legally recognized
				  organization, public body or municipality.
"Establish" or "Establishment" means the construction of a
				  new LTC facility, the licensing of unlicensed buildings or structures as an LTC
				  facility, the replacement of an existing LTC facility on another site, orthe
				  initiation of a category of service defined by the Board. [20 ILCS
				  3960/3]
"Estimated Project Cost" or "Project Cost" means the sum of
				  all costs, including the fair market value of any equipment or other real
				  property (whether acquired by lease, donation, or gift) necessary to complete a
				  project, including:
preplanning costs;
site survey and soil investigation fees;
site preparation costs;
off-site work;
construction contracts and contingencies (including
				  demolition);
capital equipment included in construction contracts;
architectural and engineering fees;
consultants and other professional fees that are related to
				  the project;
capital equipment not in construction contracts;
bond issuance expenses;
net interest expense during construction; and
all other costs that are to be capitalized.
"Exemption" means the classification of projects that are
				  exempt from the Certificate of Need permit review process, but are reviewed
				  under the procedures and requirements of HFSRB regarding issuance of
				  exemptions. An exemption shall be approved when information required by the
				  Board by rule is submitted. [20
				  ILCS 3960/6(b) ]
"Existing Long-Term Care Facility" means any LTC facility
				  subject to the Act that:
has a license issued by IDPH and has provided services within
				  the past 12 months, unless the failure to provide that service is the result of
				  pending license revocation procedures, and has not surrendered or abandoned its
				  license or had its license revoked or voided or otherwise deemed invalid by
				  IDPH; or
is certified under Title XVIII or XIX of the Social Security
				  Act (
				  42 USC
				  1395 ); or
is a facility operated by the State of Illinois.
HFSRB NOTE: Projects approved by HFSRB for establishment of
				  an LTC facility that have not been deemed complete in accordance with this Part
				  shall not be considered existing facilities, but the approved number of beds or
				  services shall be recorded in the HFSRB Inventory of Health Care Facilities and
				  Services and Need Determinations, located at the HFSRB website
				  (www.hfsrb.illinois.gov), and shall be counted against any applicable need
				  estimate.
"Ex parte Communication" means a communication between a
				  person who is not a State Board member or employee that reflects on the
				  substance of a formally filed 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 a 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. Once an application 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.
				  [20 ILCS
				  3960/4.2 ]
"Fair Market Value" means the dollar value of a project or
				  any component of a project that is accomplished by lease, donation, gifts or
				  any other means that would have been required for purchase, construction or
				  acquisition. Fair market value is documented as follows:
for equipment that is to be leased, statements from the
				  manufacturers as to the purchase price of the equipment;
for equipment or other real property that will be a gift or
				  donated, a statement from the donor attesting to the dollar value reported to
				  the Internal Revenue Service pursuant to IRS Document 170;
for existing property (other than equipment) that is to be
				  leased or otherwise acquired, copies of an appraisal performed by a certified
				  appraiser or copies of financial statements detailing actual construction costs
				  if the property is less than three years old; or
for property (other than equipment) that is being or will be
				  constructed and then leased, a statement from the lessor as to the anticipated
				  costs of construction.
"Final Decision" or "Final Administrative Decision" or "Final
				  Determination" means:
the decision by HFSRB to approve or deny an application for
				  permit. Action taken by HFSRB to deny an application for permit is subsequent
				  to an administrative hearing or to the waiver of an administrative hearing;
				  or
the decision by HFSRB on all matters other than the issuance
				  of a permit.
HFSRB NOTE: The decision is final at the close of business of
				  the HFSRB meeting at which the action is taken.
"Final Realized Costs" means all costs that are normally
				  capitalized under generally accepted accounting principles that have been
				  incurred to complete a project for which a permit or exemption was issued.
				  These costs include all expenditures and the dollar or fair market value of any
				  component of the project, whether acquired through lease, donation or
				  gift.
"Hearing Officer" means the person with authority to conduct
				  public hearings and to take all necessary steps to assure the proper completion
				  of public hearings and to assure compliance with requirements of the Act.
				  Responsibilities include: determining the order and time allotment for public
				  testimony; maintaining order; setting and announcing new hearing dates, times
				  and places, as necessary; determining the conclusion of the hearing and
				  assuring that all documents, exhibits and other written materials presented or
				  requested at the hearing are in the hearing officer's custody; and preparing a
				  report for submittal to HFSRB.
"HFSRB " or "State Board" means the Illinois Health
				  Facilities and Services Review Board.
"HFSRB Inventory" or "Inventory" means the HFSRB Inventory of
				  Health Care Facilities and Services and Need Determinations, located at HFSRB's
				  website (www.hfsrb.illinois.gov).
"IAPA" means the Illinois Administrative Procedure Act [5
				  ILCS 100 ].
"Intent to Deny" means the negative decision of HFSRB,
				  following its initial
consideration of an application for permit that failed to
				  receive the number of
affirmative votes required by the Act.
"Long-Term Care" or "LTC" means care for patients/residents
				  in a general long-term care or specialized long-term care facility under the
				  jurisdiction of the Board.
General LTC includes the nursing category of service, which
				  provides inpatient treatment for convalescent or chronic disease
				  patients/residents and includes the skilled nursing level of care and/or the
				  intermediate nursing level of care, defined in 77 Ill. Adm. Code 300.
Specialized LTC means a classification of categories of
				  service that provide inpatient care primarily for children (ages 0 through 21)
				  or inpatient care for adults who require specialized treatment and care because
				  of mental or developmental disabilities. Specialized LTC includes the following
				  categories of services:
Chronic Mental Illness (MI) Category of Service. The Chronic
				  MI category of service includes levels of care provided to severely mentally
				  ill clients in a structured setting in a psychiatric unit of a general
				  hospital, in a private psychiatric hospital, or in a State-operated facility
				  primarily in order to facilitate the improvement of their functioning level, to
				  prevent further deterioration of their functioning level, or, in some
				  instances, to maintain their current level of functioning.
Long-Term Care for the Developmentally Disabled-Adult
				  (DD-Adult) category of service. This category of service includes levels of
				  care for DD-Adults as defined in the Mental Health and Developmental
				  Disabilities Code [405 ILCS 5 ] (including those facilities licensed as ICF/DD)
				  that provide an integrated, individually-tailored program of services for
				  developmentally disabled adults and provide an active, aggressive and organized
				  program of services directed toward achieving measurable behavioral and
				  learning objectives.
Long-Term Care for the Developmentally Disabled-Children
				  category of service. This category of service includes levels of care for
				  DD-Children (those residents age 0 through 21 years) as defined in the Illinois
				  Mental Health and Developmental Disabilities Code).
Long-Term Medical Care for Children Category of Service. This
				  category of service includes long-term medical services that are provided to
				  those patients/residents age 0-18 years and that provides for residents
				  suffering from chronic medical disabilities.
"Major Construction Project" means:
Projects for the construction of new buildings;
Additions to existing facilities;
Modernization projects whose cost is in excess of $1,000,000
				  or 10% of the facility's operating revenue, whichever is less; and
such projects as the State Board shall define and prescribe
				  pursuant to the Act. [20
				  ILCS 3960/5 ]
"Major Medical Equipment" means medical equipment that is
				  used for the provision of medical and other health services and that 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 (
				  42 USC
				  1395 x ) to meet the requirements of section
				  1861(S)(10) and (11) of that 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 the equipment shall be included. [20 ILCS
				  3906/3 ]
"Medicaid Certified" or "Medicare Certified" or "Medicaid
				  Certification" or "Medicare Certification" means approval for a facility to
				  receive reimbursement under Title XVIII (Medicare) and/or XIX (Medicaid) of the
				  Social Security Act (
				  42 USC
				  1395 ).
"Modification of an Application" or "Modification" means any
				  change to an application during the review period (i.e., prior to a final HFSRB
				  action). These changes include, but are not limited to: changing the proposed
				  project's physical size or gross square feet, the site within a planning area,
				  the operating entity when the operating entity is not the applicant, the number
				  of proposed beds, the categories of service to be provided, the cost, the
				  method of financing, the proposed project completion date, the configuration of
				  space within the building, or any change in the person who is the applicant,
				  including the addition or deletion of one or more persons as
				  co-applicants.
HFSRB NOTE: A change of site to a site outside the planning
				  area originally identified in the application is not considered a modification
				  and invalidates the application.
"Newspaper of General Circulation" means newspapers other
				  than those intended to serve a particular, defined population, such as the
				  publications of professional and trade associations.
"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. [20
				  ILCS 3960/8.5(a) ]
"Non-clinical Service Area" means an area for the benefit of
				  the patients/residents, visitors, staff or employees of an LTC facility and not
				  directly related to the diagnosis, treatment, or rehabilitation of persons
				  receiving services from the LTC 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/resident,
				  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. [20 ILCS 3960/3]
"Non-Substantive Projects" means certain projects that have
				  been defined in 77 Ill. Adm. Code
				  1110.40,
				  with a review period of 60 days.
"Notification of HFSRB Action" means the transmittal of HFSRB
				  decisions to the applicant or permit or exemption holder. Notification shall be
				  given to the applicant's or permit holder's designated contact person, legal
				  representative or chief executive officer.
"Obligation" 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.
"Operational" means that a permit holder is providing the
				  services approved by HFSRB and, for a new LTC facility or a new category of
				  service, licensure or Medicare and/or Medicaid certification has been obtained
				  and residents/patients are utilizing the facility or equipment or are receiving
				  service.
"Permit" means authorization to execute and complete a
				  project related to an LTC facility, as reviewed and approved by HFSRB and as
				  specified in the Act.
"Person" means any one or more natural persons, legal
				  entities, governmental bodies other than federal, or any combination thereof.
				  [20 ILCS 3960/3]
"Project Obligation Date" means the date on which the permit
				  holder expended or committed to expend by contract or other legal means at
				  least 33% of the total project cost.
"Proposal" or "Project" means any proposed construction or
				  modification of an LTC facility or any proposed acquisition of equipment to be
				  undertaken by an applicant.
"Related Person" means any person that:
is at least 50% owned, directly or indirectly, by either the
				  LTC facility or a person owning, directly or indirectly, at least 50% of
				  the
LTC facility; or
owns, directly or indirectly, at least 50% of the LTC
				  facility; [20 ILCS 3960/3] or
is otherwise controlled or managed by one or more LTC
				  facilities; or
controls or manages the LTC facility; or
otherwise controls or manages the LTC facility; or
is otherwise, directly or indirectly, under common management
				  or control with one or more LTC facilities.
"Review Period" means the time from the date an application
				  for permit or exemption is deemed complete until HFSRB renders its final
				  decision.
"Site" means the physical location of a proposed project and
				  is identified by address or legal property description.
"Square Feet" or "SF" or "Square Footage" means a unit of
				  measure of physical service areas or buildings considered by HFSRB.
				  Departmental Gross Square Feet (DGSF) means the designation of physical areas
				  for departments and services. It consists of the entirety of space dedicated to
				  the use of that department or service, including walls, shafts and circulation.
				  Building Gross Square Feet (BGSF) means the designation of physical area of an
				  entire building. It includes all exterior walls and space within those
				  walls.
"Subcommittee" means the HFSRB Long-Term Care Facility
				  Advisory Subcommittee.
"Subcommittee Chairperson" means the chairperson of the
				  Subcommittee.
"Substantially Changes the Scope or Changes the Functional
				  Operation of the
Facility" means:
the addition of a category of service;
a change of a material representation made by the applicant
				  in an application for permit or exemption subsequent to receipt of a permit
				  that is relied upon by HFSRB in making its decision. Material representations
				  are those that provide a factual basis for issuance of a permit or exemption
				  and include:
withdrawal or non-participation in the Medicare and/or
				  Medicaid programs;
charge information;
requirements of variances pursuant to Section
				  1125.560;
other representations made to HFSRB as stipulated or agreed
				  upon in the public record and specified in the application or the permit or
				  exemption approval letter.
"Substantive Projects" means types of projects that are
				  defined in the Act and classified as substantive. Substantive projects shall
				  include no more than the following:
Projects to construct a new or replacement facility located
				  on a new site or a replacement facility located on the same site as the
				  original facility and the costs of the replacement facility exceed the capital
				  expenditure minimum.
Projects proposing a new service or discontinuation of a
				  service, which shall be reviewed by the Board within 60 days.
Projects proposing a change in the bed capacity of an LTC
				  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
				  facility 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. [20
				  ILCS 3960/12 ]
"Technical Assistance" means help provided by an employee of
				  HFSRB to a person, LTC facility or HFSRB, and is not considered ex parte
				  communication as defined in Section 4.2 of the Act. Technical assistance may be
				  provided to any person regarding pre-application conferences, the filing of an
				  application, or other request to HFSRB provided that the communication is not
				  intended to influence any decision on the application. Technical assistance may
				  be provided for the benefit of HFSRB to clarify issues relevant to an
				  application or other business of HFSRB. The assistance may be in the form of
				  written correspondences, conversations, site visits, meetings, and/or
				  consultations with independent experts. Once an application 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, within 10 business days after the assistance is provided.
				  [20 ILCS
				  3960/4.2 ]
"Temporary Suspension of Facility or Category of Service"
				  means a facility has ceased operation or has ceased to provide a category of
				  service due to unanticipated or unforeseen circumstances (such as the loss of
				  appropriate staff or a natural or unnatural disaster). A facility shall file
				  notice to HFSRB of a temporary suspension of service. See 77 Ill. Adm. Code
				  1130.240(d).