Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart A - AUTHORITY › Section 1130.140 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Health Facilities Planning Act [ 20
				  ILCS 3960 ].
"Administrative Law Judge" means the person appointed to
				  preside at administrative hearings under Subpart J and pursuant to the
				  Act.
"Administrator" means the chief executive officer of HFSRB,
				  responsible to the HFSRB Chairman and, through the Chairman, responsible to
				  HFSRB for the execution of its policies and procedures.
"Adverse Action" means a disciplinary action taken by IDPH,
				  CMMS, or any other State or federal agency against a person or entity that owns
				  or operates or owns and operates a licensed or Medicare or Medicaid certified
				  healthcare 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 ],
"Type 'A'
				  violation" means a violation of
the Nursing Home Care
Act or
				  of the rules promulgated thereunder which creates a condition or occurrence
				  relating to the operation and maintenance of a facility presenting a
				  substantial probability that 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.
[
				  210 ILCS
				  45/1-129 ]
"Affirmation" means a statement, declaration, proclamation,
				  pronouncement or notice made by an applicant regarding the information
				  requirements for an application for exemption, with the understanding that
				  there are still consequences to any matters that are non-compliant with the
				  terms of the exemption issued.
"Agency" or "IDPH" means the Illinois Department of Public
				  Health.
"Alteration" means any revision or change to a project as
				  detailed in the application that occurs after HFSRB issued the permit. A
				  completed project cannot be altered. The site of the proposed project or the
				  persons who are the permit holder cannot be altered.
"Applicant" means a person, as defined in the Act, who
				  applies for a permit or exemption. See Section
				  1130.220
				  to determine what parties are necessary for an application.
"Audit" means the most recent formal examination, correction
				  and official endorsement of financial reports by an independent certified
				  public accountant.
"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 a health care 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. 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 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 which would require a permit for capital projects and major medical
				  equipment. Capital expenditure minimums are adjusted annually to reflect the
				  increase in construction costs due to inflation per Section
				  1130.310.
				  Current capital expenditure minimums are posted on the HFSRB website (
www.hfsrb.illinois.gov
) and Appendix
				  A.
"Censure" means a formal and public reprimand issued by
				  HFSRB.
"Chairman" or "Board Chair" means the presiding officer of
				  HFSRB.
"Change in the Bed Count of a Health Care Facility" means a
				  change in a health care 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 a health care facility that: 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 to another by more than 20 beds or 10% of total bed capacity
				  as defined by the State Board
in its Inventory of Health Care
				  Facilities and Services and Need Determinations found on the Board's website at
www.hfsrb.illinois.gov
,
whichever is less, over a 2-year period.
[
				  20
				  ILCS 3960/5 ] The two-year period begins on the date
				  the additional beds or stations become operational. (See Section
				  1130.240(f)
				  for more detail.)
"Change of Ownership" means a change in the person who has
				  operational control of an existing health care facility or
a change in
				  the person who has ownership or control of a health care 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 health care facility's physical plant and capital assets;
				  or
the issuance of a license by IDPH to a person different from
				  the current licensee; or
for facilities not subject to licensing, the issuance of a
				  provider number to a different person by certification agencies that administer
				  Titles XVIII and XIX of the Social Security Act; 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 a health care 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
				  health care facility; or
any other transaction that results in a person obtaining
				  control of a health care facility's operations or physical plant and capital
				  assets, including leases.
"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
				  completed
. [
				  20
				  ILCS 3960/8.5(a) ]
"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
. [
				  20 ILCS
				  3960/3 ]
"Clinical Service Area" means a department or service that is
				  directly
related to the diagnosis, treatment, or rehabilitation of
				  persons receiving services from the health care facility
[
				  20 ILCS
				  3960/3 ]. A clinical service area's physical space
				  shall include those components required under the facility's licensure or
				  Medicare or Medicaid Certification, and as outlined by documentation from the
				  facility as to the physical space required for appropriate clinical
				  practice.
"CMMS" means the federal Centers for Medicare and Medicaid
				  Services.
"Combined Service Area Project" means a project that consists
				  of both clinical service areas and non-clinical service areas.
"Completion Date" or "Project Completion Date" means the date
				  the applicant established for the completion of the project, when the permit
				  was approved or renewed. When a project requires an applicant to obtain a
				  license, the project is not considered complete until the facility is
				  licensed.
"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 expenditures made by or on behalf of a health care
				  facility for the construction or modification of a facility licensed under the
				  Assisted Living and Shared Housing Act or a conversion project undertaken in
				  accordance with Section 30 of the Older Adult Services Act shall be excluded
				  from any obligations under the Act.
[
				  20 ILCS
				  3960/3 ]
"Contested Case" is defined in Section 1-30 of the IAPA [
				  5 ILCS
				  100/1-30 ].
"Control" means that 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 such
				  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 such
				  control include, without limitation:
ownership of 50% or more in the property or asset;
serving as lessee or sublessee.
"Conversion" means a change in the control of an existing
				  health care 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:
change of ownership;
consolidation by combining two or more existing health care
				  facilities into a new health care facility, terminating the existence of the
				  existing or original facilities (A + B = C). Consolidation results in the
				  establishment of a health care 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 health care
				  facilities into another existing health care 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.
"Date" means, for purposes of 77 Ill. Adm. Code 1130, a
				  period starting at 12:00:01 a.m. of a specified day and ending at 12:00:01 a.m.
				  the following day.
"Director" means
the Director of the Department of
				  Public Health
. [
				  20 ILCS
				  3960/3 ]
"Discontinuation" means to cease operation of an entire
				  health care facility or category of service on a voluntary or involuntary
				  basis. A permit or exemption is required prior to a discontinuation. For
				  discontinuations approved by HFSRB, the discontinued beds will be removed from
				  the Inventory once the permit is issued. A facility or category of service that
				  has ceased operation or has interrupted service on a temporary basis due to
				  unanticipated or unforeseen circumstances (such as the lack of appropriate
				  staff, or a natural or unnatural disaster) may be determined to not have
				  discontinued, provided that the facility has exercised appropriate efforts to
				  maintain operation, and has provided documentation of the circumstances and
				  anticipated date of restoration to HFSRB within 30 days after the temporary
				  interruption of the service. Discontinuation also includes a determination by
				  HFSRB that:
a category of service approved after January 1, 1992 is not
				  operating at utilization standards/target occupancy rates specified in 77 Ill.
				  Adm. Code 1100 (Narrative and Planning Policies), for that category of service,
				  by the end of the second year of operation after project completion and on
				  average for any two-year period thereafter (based upon data reported by the
				  facility to HFSRB staff pursuant to Section 13 of the Act), and that need no
				  longer exists in the planning area based upon the existence of such factors as,
				  but not limited to, access to other services in the planning area, excess
				  service capacity in the planning area, and the facility's ability to adequately
				  staff the existing service; or
an existing category of service is not operating at
				  utilization standards/target occupancy rates specified in 77 Ill. Adm. Code
				  1100, for that category of service, on average for any two-year period
				  commencing on January 1, 1995 and thereafter (based upon data reported by the
				  facility to HFSRB staff pursuant to Section 13 of the Act), and that need no
				  longer exists in the planning area based upon the existence of such factors as,
				  but not limited to, access to other services in the planning area, excess
				  service capacity in the planning area, and the facility's ability to adequately
				  staff the existing service.
HFSRB NOTE: HFSRB may determine that a discontinuation has
				  not occurred when a facility has complied with the requirements of this
				  definition. Failure to obtain a permit or exemption prior to discontinuation
				  may result in the imposition of sanctions or penalties as provided by the
				  Act.
"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 reasonable 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.
"Emergency Projects" means projects that 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 at 77 Ill. Adm. Code
				  1110.40(a).
[
				  20
				  ILCS 3960/12(9) ]
"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 health care facility, the licensing of unlicensed buildings or structures
				  as a health care facility, the replacement of an existing health care facility
				  on another site, or
the initiation of a category of service as defined
				  by the Board.
[
				  20 ILCS
				  3960/3 ]
"Estimated Project Cost" or "Project Costs" 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
. (See Subpart E.)
An
				  exemption shall be approved when
all
information required by
				  the Board,
in accordance with Subpart E
, is
				  submitted.
[
				  20
				  ILCS 3960/6(b) ]
"Existing Health Care Facility" means any health care
				  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 such 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 Titles 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 a
				  health care facility that have not been deemed complete in accordance with the
				  provisions of this Part shall not be considered existing facilities, but the
				  approved number of beds or services shall be recorded in the Inventory of
				  Health Care Facilities 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.
"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 such 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.
"Financial Commitment" means the commitment of at least 33%
				  of total funds assigned to cover total project cost, that 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. (See Section
				  1130.760
				  (Annual Progress Reports).)
"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" or "Board" means the Illinois Health
				  Facilities and Services Review Board.
"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. (See Section
				  1130.670.)
"Interdependent Components" means components of construction
				  or modification that are architecturally or programmatically interrelated to
				  the extent that undertaking one or more of the components compels the other
				  components to be undertaken.
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.
[
				  20 ILCS
				  3960/3 ]
"Inventory" means the HFSRB Inventory of Health Care
				  Facilities and Need Determination created pursuant to Section 12(4) of the Act
				  and found on the Board's website at
www.hfsrb.illinois.gov
.
"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 (see Section 1130.310) 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 this
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 USCA 1395x) to meet the requirements of
				  paragraphs (10) and (11) of section 1861(S) of the Social Security 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, 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.
"Moral Turpitude" means conduct that has an inherent quality
				  of baseness, vileness or depravity with respect to another person or society in
				  general, contrary to the accepted and customary rule of right and duty.
				  Examples include rape, forgery, robbery, arson, counterfeiting and wrongful
				  solicitation.
"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" is defined in Section
				  8.5(c)
				   of the Act.
"Non-clinical Service Area"
means an area for the
				  benefit of the patients, visitors, staff or employees of a health care facility
				  and 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; newsstands;
				  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.
[
				  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.
"Operational" means that a permit holder is providing the
				  services approved by HFSRB and, for a new health care 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.
"Out-of-state Facility"
means a person that is both
				  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 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 or 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.
[
				  20 ILCS
				  3960/3 ]
"Permit" means authorization to execute and complete a
				  project related to a health care 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 Financial Commitment Date" means the date by which
				  the permit holder is to expend or commit to expend by contract or other legal
				  means at least 33% of the total project cost. (See Section
				  1130.760
				  (Annual Progress Reports).)
"Proposal" or "Project" means any proposed construction or
				  modification of a health care 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 health care facility or a person owning, directly or indirectly, at
				  least 50% of the health care facility;
or
owns, directly or indirectly, at least 50% of the
				  health care facility
; or [
				  20 ILCS
				  3960/3 ]
is otherwise controlled or managed by one or more health care
				  facilities or controls or manages the health care facility; or
otherwise controls or manages the health care facility;
				  or
is otherwise, directly or indirectly, under common management
				  or control with one or more health care facilities.
"Relinquishment of a Permit" means a voluntary and knowing
				  abandonment of a permit or exemption, forsaking all rights associated with that
				  permit or exemption. Once relinquishment is granted by HFSRB, a relinquished
				  permit or exemption is considered null and void. The Inventory will be
				  modified, if affected by the permit relinquishment, to the same status as prior
				  to the permit issuance.
"Review Period" means the time from the date an application
				  for permit or exemption is deemed complete by HFSRB staff 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 entire 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.
"State Board Staff Report" means the document that
				  sets forth the review and findings of State Board staff as prescribed by the
				  State Board, regarding applications subject to the Board's
				  jurisdiction.
[
				  20 ILCS
				  3960/3 ]
"Substantially Changes the Scope or Changes the Functional
				  Operation of the Facility" means:
the discontinuation of a health care facility or category of
				  service as defined in this Part;
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 77 Ill. Adm. Code
				  1110;
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;
the addition of a specialty not previously approved by HFSRB
				  for an ambulatory surgical treatment center (ASTC) that has not been classified
				  as a multi-specialty ASTC by HFSRB in accordance with the provisions of 77 Ill.
				  Adm. Code
				  1110.1540;
an increase of more than three dialysis stations or more than
				  10% of the facility's total number of dialysis stations, whichever is less,
				  over a two-year period. The two-year period begins on the date the facility's
				  additional stations are certified. When a permit is issued for additional
				  stations or for the establishment of an additional facility/service, the
				  facility may not add any more dialysis stations for two years from the date
				  that such stations approved in the permit are certified without obtaining an
				  additional permit; or
the acquisition, construction, or leasing of space,
				  buildings, or structures for providing outpatient surgical services on a site
				  or location that is not within the licensed premises of the health care
				  facility. Outpatient surgical services are those surgical procedures that are
				  routinely performed in such settings as a hospital or ambulatory surgical
				  treatment center, or in any room or area that is designed, equipped, and used
				  for surgery, such as, but not limited to, a surgical suite or special
				  procedures room. Outpatient surgical services do not include those procedures
				  performed as part of a physician's private practice in examination or
				  non-surgical treatment rooms.
"Substantially Complete" means that the application for
				  permit has been determined ready for review, with the understanding that
				  additional information may be needed for clarification during the course of the
				  review period.
"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 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 facility to another by more than 20 beds or more than 10% of
				  total bed capacity, as defined by the State Board
in the
				  Inventory
, 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, a health care facility or the 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 that has ceased operation or that has ceased to provide a
				  category of service (see 77 Ill. Adm. Code
				  1100.220 for
				  category of service definition) for a period not to exceed one year, due to
				  unanticipated or unforeseen circumstances (such as the loss of appropriate
				  staff or a natural or unnatural disaster). The time period may be extended upon
				  finding that the resumption of facility operation or category of service has
				  proceeded with due diligence and HFSRB approval of the requested extension. The
				  facility administrator shall file notice to HFSRB of a temporary suspension of
				  service, in compliance with the requirements described in Section
				  1130.240(d).