reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.540 - Service Demand - Establishment of General Long-Term Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) The number of
				beds proposed to establish a new general long-term care service is necessary to
				accommodate the service demand experienced annually by the existing applicant
				facility over the latest two-year period, as evidenced by historical and
				projected referrals, or if the applicant proposes to establish a new LTC
				facility, the applicant shall submit projected referrals. The applicant shall
				document subsection (c) and subsection (d) or (e).
b) If the applicant is not an existing
				facility and proposes to establish a new general LTC facility, the applicant
				shall submit the number of annual projected referrals, as required in
				subsection (d) or (e).
c)
				Historical Referrals
If the applicant is an existing facility and is proposing to
				  establish this category of service, the applicant shall document the number of
				  referrals to other facilities, for each proposed category of service, for each
				  of the latest two years. Documentation of the referrals shall include:
				  resident/patient origin by zip code; name and specialty of referring physician
				  or identification of another referral source; and name and location of the
				  recipient LTC facility.
d)
				Projected Referrals
An applicant proposing to establish a category of service or
				  establish a new LTC facility shall submit the following:
1) Letters from referral sources (hospitals,
				physicians, social services and others) that attest to total number of
				prospective residents (by zip code of residence) who have received care at
				existing LTC facilities located in the area during the 12-month period prior to
				submission of the application. Referral sources shall verify their projections
				and the methodology used;
2) An
				estimated number of prospective residents whom the referral sources will refer
				annually to the applicant's facility within a 24-month period after project
				completion. The anticipated number of referrals cannot exceed the referral
				sources' documented historical LTC caseload. The percentage of project
				referrals used to justify the proposed expansion cannot exceed the historical
				percentage of applicant market share, within a 24-month period after project
				completion;
3) Each referral letter
				shall contain the referral source's Chief Executive Officer's notarized
				signature, the typed or printed name of the referral source, and the referral
				source's address; and
4)
				Verification by the referral sources that the prospective resident referrals
				have not been used to support another pending or approved Certificate of Need
				(CON) application for the subject services.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.550 - Service Demand - Expansion of General Long-Term Care

Current through Register Vol. 48, No. 28, July 12, 2024
The number of beds to be added at an existing facility is
				  necessary to reduce the facility's experienced high occupancy and to meet a
				  projected demand for service. The applicant shall document subsection (a) and
				  either subsection (b) or (c).
a)
				Historical Service Demand
1) An average annual
				occupancy rate that has equaled or exceeded occupancy standards for general
				LTC, as specified in Section
				1125.210(c),
				for each of the latest two years.
2) If prospective residents have been
				referred to other facilities in order to receive the subject services, the
				applicant shall provide documentation of the referrals, including completed
				applications that could not be accepted due to lack of the subject service and
				documentation from referral sources, with identification of those patients by
				initials and date.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.560 - Variances to Computed Bed Need

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Continuum of Care
The applicant proposing a continuum of care project shall
				  demonstrate the following:
1) The
				project will provide a continuum of care for a geriatric population that
				includes independent living and/or congregate housing (such as unlicensed
				apartments, high rises for the elderly and retirement villages) and related
				health and social services. The housing complex shall be on the same site as
				the health facility component of the project.
2) The proposal shall be for the purposes of
				and serve only the residents of the housing complex and shall be developed
				either after the housing complex has been established or as a part of a total
				housing construction program, provided that the entire complex is one
				inseparable project, that there is a documented demand for the housing, and
				that the licensed beds will not be built first, but will be built concurrently
				with or after the residential units.
3) The applicant shall demonstrate that:
A) The proposed number of beds is needed.
				Documentation shall consist of a list of available patients/residents needing
				the proposed project. The proposed number of beds shall not exceed one licensed
				LTC bed for every five apartments or independent living units;
B) There is a provision in the facility's
				written operational policies assuring that a resident of the retirement
				community who is transferred to the LTC facility will not lose his/her
				apartment unit or be transferred to another LTC facility solely because of the
				resident's altered financial status or medical indigency; and
C) That admissions to the LTC unit will be
				limited to current residents of the independent living units and/or congregate
				housing.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.570 - Service Accessibility

Current through Register Vol. 48, No. 28, July 12, 2024
The number of beds being established or added for each
				  category of service is necessary to improve access for planning area
				  residents.
a) Service Restrictions
The applicant shall document that at least one of the
				  following factors exists in the planning area, as applicable:
1) The absence of the proposed service within
				the planning area;
2) Access
				limitations due to payor status of patients/residents, including, but not
				limited to, individuals with LTC coverage through Medicare, Medicaid, managed
				care or charity care;
3)
				Restrictive admission policies of existing providers;
4) The area population and existing care
				system exhibit indicators of medical care problems, such as an average family
				income level below the State average poverty level, or designation by the
				Secretary of Health and Human Services as a Health Professional Shortage Area,
				a Medically Underserved Area, or a Medically Underserved Population;
5) For purposes of this Section 1125.570
				only, all services within the established radii outlined in 77 Ill. Adm. Code
				1100.510(d)
				meet or exceed the occupancy standard specified in Section
				1125.210(c).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.580 - Unnecessary Duplication/Maldistribution

Current through Register Vol. 48, No. 28, July 12, 2024
a) The applicant shall document that the
				project will not result in an unnecessary duplication. The applicant shall
				provide the following information:
1) A list
				of all zip code areas that are located, in total or in part, within the
				established radii outlined in 77 Ill. Adm. Code
				1100.510(d)
				of the project's site;
2) The total
				population of the identified zip code areas (based upon the most recent
				population numbers available for the State of Illinois); and
3) The names and locations of all existing or
				approved LTC facilities located within the established radii outlined in 77
				Ill. Adm. Code
				1100.510(d)
				of the project site that provide the categories of bed service that are
				proposed by the project.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.590 - Staffing Availability

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall document that relevant clinical and
				  professional staffing needs for the proposed project were considered and that
				  staffing requirements of licensure, certification and applicable accrediting
				  agencies can be met. In addition, the applicant shall document that necessary
				  staffing is available by providing letters of interest from prospective staff
				  members, completed applications for employment, or a narrative explanation of
				  how the proposed staffing will be achieved.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.600 - Bed Capacity

Current through Register Vol. 48, No. 28, July 12, 2024
The maximum bed capacity of a general LTC facility is 250
				  beds, unless the applicant documents that a larger facility would provide
				  personalization of patient/resident care and documents provision of quality
				  care based on the experience of the applicant and compliance with IDPH's
				  licensure standards (77 Ill. Adm. Code: Chapter I, Subchapter c (Long-Term Care
				  Facilities)) over a two-year period.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.610 - Community Related Functions

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall document cooperation with and the receipt
				  of the endorsement of community groups in the town or municipality where the
				  facility is or is proposed to be located, such as, but not limited to, social,
				  economic or governmental organizations or other concerned parties or groups.
				  Documentation shall consist of copies of all letters of support from those
				  organizations.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.620 - Project Size - Review Criterion

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall document that the amount of physical
				  space proposed for the project is necessary and not excessive. The proposed
				  gross square footage (GSF) cannot exceed the GSF standards of Appendix A,
				  unless the additional GSF can be justified by documenting one of the
				  following:
a) Additional space is
				needed due to the scope of services provided, justified by clinical or
				operational needs, as supported by published data or studies;
b) The existing facility's physical
				configuration has constraints or impediments and requires an architectural
				design that results in a size exceeding the standards of Appendix A;
c) The project involves the conversion of
				existing bed space that results in excess square footage.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.630 - Zoning

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall document one of the following:
a) The property to be utilized has been zoned
				for the type of facility to be developed;
b) Zoning approval has been received;
				or
c) A variance in zoning for the
				project is to be sought.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.640 - Assurances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The applicant
				representative who signs the CON application shall submit a signed and dated
				statement attesting to the applicant's understanding that, by the second year
				of operation after the project completion, the applicant will achieve and
				maintain the occupancy standards specified in Section
				1125.210(c)
				for each category of service involved in the proposal.
b) For beds that have been approved based
				upon representations for continuum of care (Section
				1125.560(a)
				) or defined population (Section
				1125.560(b)
				), the facility shall provide assurance that it will maintain admissions
				limitations as specified in those Sections for the life of the facility. To
				eliminate or modify the admissions limitations, prior approval of HFSRB will be
				required.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart D - GENERAL LONG-TERM CARE - REVIEW CRITERIA › Section 1125.650 - Modernization

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the project
				involves modernization of a category of LTC bed service, the applicant shall
				document that the bed areas to be modernized are deteriorated or functionally
				obsolete and need to be replaced or modernized, due to such factors as, but not
				limited to:
1) High cost of
				maintenance;
2) Non-compliance with
				licensing or life safety codes;
3)
				Changes in standards of care (e.g., private versus multiple bed rooms);
				or
4) Additional space for
				diagnostic or therapeutic purposes.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart E - SPECIALIZED LONG-TERM CARE - REVIEW CRITERIA › Section 1125.710 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				  1125.720
				  contains review criteria that pertain to the Specialized Long-Term Care
				  Category of Service. These review criteria are utilized in addition to the
				  General Information Requirements outlined in Subpart C and any other applicable
				  review criteria outlined in Subpart F. These review criteria shall apply to all
				  specialized LTC projects in the review process, at the time they become
				  effective, and to all subsequent applications relating to specialized
				  LTC.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart E - SPECIALIZED LONG-TERM CARE - REVIEW CRITERIA › Section 1125.720 - Specialized Long-Term Care - Review Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) Facility Size - Review Criterion. The
				maximum unit size is 100 beds, unless the project is for a State-operated
				facility or for the long-term medical care for children category of
				service.
b) Community Related
				Functions - Review Criterion. The applicant shall document the written
				endorsement of community groups and shall include the following:
1) a detailed description of the steps taken
				to inform and receive input from the public, including those community members
				who live in close proximity to the proposed facility's location;
2) endorsements from social service, social
				and economic organizations; and
3)
				support from municipal officials and other elected officials representing the
				area in which the proposed facility is located.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1125 - LONG-TERM CARE › Subpart F - FINANCIAL AND ECONOMIC FEASIBILITY - REVIEW CRITERIA › Appendix A - Project Size Standards - Square Footage and Utilization

Current through Register Vol. 48, No. 28, July 12, 2024
The following standards apply to new construction, the
				  development of freestanding facilities, modernization, and the development of
				  facilities in existing structures, including the use of leased space. For new
				  construction, the standards are based on the inclusion of all building
				  components and are expressed in building gross square feet (BGSF). For
				  modernization projects, the standards are based upon interior build-out only
				  and are expressed in departmental gross square feet (DGSF). Spaces to be
				  included in the applicant's determination of square footage shall include all
				  functional areas minimally required for the applicable service areas, by the
				  appropriate rules, required for IDPH licensure and/or federal certification and
				  any additional spaces required by the applicant's operational program.
Service Areas
Square Feet/Unit
Annual
							 Utilization/Unit
General Long-Term Care
435-713 BGSF/Bed
350-570 DGSF/Bed
See Section
							 1125.210(c)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart A - AUTHORITY › Section 1126.110 - Statutory Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is promulgated by authority granted to the Illinois
				  Health Facilities and Services Review Board under the Illinois Health
				  Facilities Planning Act [20 ILCS 3960 ].
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart A - AUTHORITY › Section 1126.120 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) After the
				effective date of this Part, all applications in the review process and all
				projects for which permits have been issued, but have not yet been completed,
				shall be subject to this Part.
b)
				The HFSRB rules in effect on the date of alleged violation of the Act or rules
				shall be applicable concerning all considerations and issues of compliance with
				HFSRB requirements.
c)
At
				no time shall the total number of licensed beds under the Specialized Mental
				Health Rehabilitation Act of 2013
(SMHRA) [210 ILCS 49 ]
exceed the total number of licensed beds existing on July 22,
				2013.
[210 ILCS 49/10.5 ]
d)
No new facilities licensed
				under
SMHRA
shall be established
after June 16, 2014
except in connection with the relocation of an existing facility to a
				new location
. [20
				ILCS 3960/12(17) ]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart A - AUTHORITY › Section 1126.140 - HFSRB Procedural Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Certificate of Need review process and all applicable
				  procedures and requirements are contained in 77 Ill. Adm. Code
				  1130.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart B - PLANNING POLICIES › Section 1126.210 - Specialized Mental Health Rehabilitation Category of Service - Planning Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Category of Service: Specialized Mental Health Rehabilitation
b) Planning Areas: Health Service Areas are
				used for SMHRF services.
c)
				Occupancy Targets:
1) Modernization:
				80%;
2) Establishment:
				90%.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart C - GENERAL INFORMATION REQUIREMENTS › Section 1126.310 - Purpose of the Project - Information Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall document that the project will provide
				  health services that improve the wellbeing of the market area population to be
				  served. The applicant shall identify the proposed planning area.
a) The applicant shall address the purpose of
				the project, i.e., identify the issues or problems that the project is
				proposing to address or solve. Information to be provided shall include, but is
				not limited to, identification of existing problems or issues that need to be
				addressed, as applicable and appropriate for the project. Examples of this
				information include:
1) The area's
				demographics or characteristics (e.g., rapid area growth rate, increased SMHRF
				population) that may affect the need for services in the future;
2) The incidence of various diseases in the
				area;
3) The population's financial
				ability to access SMHRF services (e.g., financial hardship, increased number of
				charity care patients/residents, changes in the population area's insurance or
				managed care status);
4) The
				physical accessibility to necessary SMHRF services (e.g., new highways, other
				changes in roadways, changes in bus/train routes or changes in housing
				developments).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart C - GENERAL INFORMATION REQUIREMENTS › Section 1126.320 - Alternatives to the Proposed Project - Information Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall document that the proposed project is the
				  most effective or least costly alternative for meeting the SMHRF needs of the
				  population to be served by the project.
a) The applicant shall address alternatives
				to the proposed project. Examples of alternative options include:
1) Proposing a project of greater or lesser
				scope and cost;
2) Pursuing a joint
				venture or similar arrangement with one or more providers; and
3) Developing alternative settings to meet
				all or a portion of the project's intended purposes.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart D - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES - REVIEW CRITERIA › Section 1126.410 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Facilities to be
				licensed pursuant to SMHRA Section 1-101.5 are subject to the requirements of
				Section 12(17) of the Health Facilities Planning Act and HFSRB rules (77 Ill.
				Adm. Code 1126 and 1130).
b) A
				Certificate of Need permit is required for:
1) the relocation of an existing SMHRF to a
				planning area that does not have SMHRF services (see 20 ILCS 3960/5 and 12(17)
				); or
2) any establishment,
				erection, building, alteration, reconstruction, modernizations, improvement, or
				extension of a SMHRF with a total estimated project cost that exceeds the
				capital expenditures minimum (for facilities that are licensed by statutory
				requirement other than the Hospital Licensing Act [210 ILCS 85 ] or the Nursing
				Home Care Act [210 ILCS 45 ]). The current threshold is determined under 77
				Ill. Adm. Code 1130. Appendix A and is posted on HFSRB's website
				(www.hfsrb.illinois.gov [File Link Not Available]). (See
				20
				ILCS 3960/5.)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart D - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES - REVIEW CRITERIA › Section 1126.420 - Discontinuation of a SMHRF

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Discontinuation - Information Requirements
1)
				The applicant shall provide at least the following information:
A) Identification of the number of SMHRF beds
				that are to be discontinued;
B)
				Identification of all other clinical services that are to be
				discontinued;
C) The anticipated
				date of discontinuation for each identified service or for the entire
				facility;
D) The anticipated use of
				the physical plant and equipment after discontinuation occurs; and
E) The anticipated disposition and location
				of all medical records pertaining to the services being discontinued and the
				length of time the records will be retained. For applications involving
				discontinuation of an entire facility, certification by an authorized
				representative that all questionnaires and data required by HFSRB or IDPH
				(e.g., annual questionnaires, capital expenditures surveys, etc.) will be
				provided through the date of discontinuation and that the required information
				will be submitted no later than 60 days following the date of
				discontinuation.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart D - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES - REVIEW CRITERIA › Section 1126.440 - Modernization

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the project
				involves modernization of SMHRF service, the applicant shall document that the
				bed areas to be modernized are deteriorated or functionally obsolete and need
				to be replaced or modernized, due to factors such as, but not limited to:
1) High cost of maintenance;
2) Noncompliance with licensing or life
				safety codes;
3) Changes in
				standards of care (e.g., private versus multiple bed rooms); or
4) Additional space for diagnostic or
				therapeutic purposes.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1126 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES (SMHRFs) › Subpart E - FINANCIAL AND ECONOMIC FEASIBILITY - REVIEW CRITERIA › Appendix A - Project Size Standards - Square Footage

Current through Register Vol. 48, No. 28, July 12, 2024
The following standards apply to new construction, the
				  development of freestanding facilities, modernization, and the development of
				  facilities in existing structures, including the use of leased space. For new
				  construction, the standards are based on the inclusion of all building
				  components and are expressed in building gross square feet (BGSF). For
				  modernization projects, the standards are based upon interior build-out only,
				  and are expressed in departmental gross square feet (DGSF). Spaces to be
				  included in the applicant's determination of square footage shall include all
				  functional areas minimally required for the applicable service areas, by the
				  appropriate rules, required for IDPH licensure and/or federal certification and
				  any additional spaces required by the applicant's operational program.
Service Areas
Square Feet/Unit
Specialized Mental Health
435-713 BGSF/Bed
Rehabilitation Facility
350-570 DGSF/Bed
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart A - AUTHORITY › Section 1130.110 - Statutory Authority/Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part is promulgated by authority
				granted to the Illinois Health Facilities and Services Review Board (HFSRB)
				under the Illinois Health Facilities Planning Act (the Act) [20 ILCS 3960
				].
b) After June 1, 2013, all
				applications in the review process and all projects for which permits or
				exemptions have been issued but have not been completed shall be subject to the
				provisions of this Part.
c) The
				HFSRB rules in effect on the date of the alleged violation of the Act and/or
				this Part shall be applicable concerning all considerations and issues of
				compliance with HFSRB requirements.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart A - AUTHORITY › Section 1130.120 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
Part 1130 establishes the procedures and requirements for
				  processing and reviewing applications for permit, applications for exemptions,
				  and other matters that are subject to the Act and to determinations by the
				  Illinois Health Facilities and Services Review Board (HFSRB). This Part
				  pertains to, but is not limited to: persons and transactions subject to the
				  Act; the requirements for submitting applications for permit or exemption; the
				  HFSRB review process, public hearing procedures for applications and proposed
				  rules; requirements for maintaining valid permits; declaratory rulings; and
				  administrative hearings.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart A - AUTHORITY › Section 1130.130 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				purpose of the
Health Facilities Planning
Act is to establish
				a procedure designed to reverse the trends of increasing costs of health care
				resulting from unnecessary construction of health care facilities.
This program is established
to
:
1)
improve the financial ability of
				the public to obtain necessary health services;
2)
establish an orderly and
				comprehensive health care delivery system which will guarantee the availability
				of quality health care
to the general
				public;
3)
maintain and improve the provision of essential health care services
				and increase the accessibility of those services to the medically underserved
				and indigent;
4)
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
5)
assess the financial burden to
				patients caused by unnecessary health care construction and
				modification.
[20
				ILCS 3960/2 ].
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart A - AUTHORITY › Section 1130.150 - Referenced and Incorporated Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following rules, standards and
				statutes are referenced in this Part:
1)
				Federal Statutes:
Public Health and Welfare (42 USC).
2) State of Illinois Statutes:
A) Illinois Health Facilities Planning Act
				[20 ILCS 3960 ];
B) Hospital
				Licensing Act [210 ILCS 85 ];
C)
				Ambulatory Surgical Treatment Center Act [210 ILCS 5 ];
D) Nursing Home Care Act [210 ILCS 45
				];
E) Illinois Administrative
				Procedure Act [5 ILCS 100 ];
F)
				Alternative Health Care Delivery Act [210 ILCS 3 ];
G) End Stage Renal Disease Facility Act [210
				ILCS 62 ];
H) Administrative Review
				Law [735 ILCS 5 /Art. III];
I)
				Illinois State Agency Historic Resources Preservation Act [20 ILCS 3420
				];
J) Code of Civil Procedure [735
				ILCS 5];
K) Assisted Living and
				Shared Housing Act [210 ILCS 9 ];
L) Older Adult Services Act [320 ILCS 42
				];
M) Open Meetings Act [5 ILCS 120
				];
N) ID/DD Community Care Act [210
				ILCS 47 ];
O) MC/DD Act [210 ILCS
				46 ];
P) Specialized Mental Health
				Rehabilitation Act of 2013 [210 ILCS 49 ].
3) State of Illinois Rules:
A) Narrative and Planning Policies (77 Ill.
				Adm. Code 1100) (See Section
				1100.220
				);
B) Financial and Economic
				Feasibility Review (77 Ill. Adm. Code 1120);
C) Processing, Classification Policies and
				Review Criteria (77 Ill. Adm. Code 1110);
D) Illinois Health and Hazardous Substances
				Registry (77 Ill. Adm. Code 840).
4) Other referenced materials:
A) Illinois Executive Order
				#2006-5;
B) Rules of the Illinois
				Supreme Court.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart B - GENERAL REQUIREMENTS › Section 1130.210 - Persons and Facilities Subject to the Act

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who proposes to establish, construct, or modify a
				  health care facility, and any person who proposes to acquire major medical
				  equipment, is subject to the Act. In addition, health care facilities are
				  subject to certain provisions of the Act, such as, but not limited to,
				  submission of an annual report of capital expenditures and providing
				  information, reports, and data necessary to carry out the purposes of the Act.
				  The Act applies to private and public (including State-operated) hospitals,
				  ambulatory surgical treatment centers, long-term care facilities, end stage
				  renal disease facilities, birth centers, freestanding emergency centers, and
				  facilities used for outpatient surgical procedures that are leased, owned, or
				  operated by or on behalf of an out-of-state facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart B - GENERAL REQUIREMENTS › Section 1130.215 - Health Care Facilities Subject to the Act

Current through Register Vol. 48, No. 28, July 12, 2024
Health care facilities and organizations that are subject to
				  the Act and HFSRB rules include:
a)
An ambulatory surgical treatment center required to be licensed
				pursuant to the Ambulatory Surgical Treatment Center Act;
b)
An institution, place, building,
				or agency required to be licensed pursuant to the Hospital Licensing
				Act;
c)
Skilled
				and intermediate long term care facilities licensed under the Nursing Home Care
				Act;
d)
Skilled
				and intermediate-care facilities licensed under the ID/DD Community Care Act or
				the MC/DD Act;
e)
Facilities licensed under the Specialized Mental Health Rehabilitation
				Act of 2013;
f)
Hospitals, nursing homes, ambulatory surgical treatment centers, or
				kidney disease treatment centers maintained by the State or any department or
				agency thereof;
g)
Kidney disease treatment centers, including a free-standing
				hemodialysis unit required to be licensed under the End Stage Renal Disease
				Facility Act;
h)
An institution, place, building, or room used for performance of
				outpatient surgical procedures that is leased, owned, or operated by or on
				behalf of an out-of-state facility;
i)
An institution, place, building,
				or room used for provision of a health care category of service as defined by
				the Board
at 77 Ill. Adm. Code
				1100.220
,
				including, but not limited to, cardiac catheterization and open heart surgery;
				and
j)
An
				institution, place, building, or room used for provision of 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.
[20 ILCS
				3960/3 ]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart B - GENERAL REQUIREMENTS › Section 1130.220 - Necessary Parties to the Application for Permit or Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
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 [20
				  ILCS 3960/5 ]. The following persons shall be the
				  applicants for permit or exemption, as applicable:
a) For construction or modification projects
				(including projects to establish or change the ownership of health care
				facilities and including projects to acquire major medical equipment by or on
				behalf of health care facilities) of one or more existing or proposed health
				care facilities:
1) the person who will hold
				and who currently (as applicable) holds the license (or Medicare and/or
				Medicaid certification if licensing is not applicable) for each
				facility;
2) the person who has
				final control of the person who will hold or who currently holds (as
				applicable) the license (or Medicare and/or Medicaid certification if
				applicable) for each facility;
3)
				any related person who is or will be financially responsible for guaranteeing
				or making payments on any debt related to the project; and
4) any other person who actively will be
				involved in the operation or provision of care and who controls the use of
				equipment or other capital assets that are components of the project, such as,
				but not limited to, fixed equipment, mobile equipment, buildings or portions of
				buildings, structures such as parking garages, etc.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart B - GENERAL REQUIREMENTS › Section 1130.230 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) HFSRB staff
				shall
charge and collect an amount determined by
HFSRB
and
its
staff to be reasonable fees for processing of
				the applications by
HFSRB. HFSRB
shall set amounts by
				rule
(see subsection (h)).
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 the Act. All fees and fines collected under the Act shall be
				deposited into the Illinois Health Facilities Planning Fund to be used for the
				expenses of administering
the
Act.
[20
				ILCS 3960/12.2 ]
b) A fee shall be assessed on all matters
				requiring an application-processing fee (as detailed in other Sections of this
				Part), except for the following:
1) projects
				classified as emergency; or
2)
				projects that are not subject to a fee in accordance with the provisions of
				Subpart E.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart B - GENERAL REQUIREMENTS › Section 1130.240 - Reporting and Notification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
HFSRB
shall require health care facilities to provide
				  periodic reports, data, and information as needed to carry out the purposes and
				  provisions of the Act
[20
				  ILCS 3960/13 ]. Information required to be submitted
				  to HFSRB includes, but is not limited to, reports on capital expenditures,
				  facility and service utilization data, facility bed-capacity information,
				  notices of hospital reductions in services, and any temporary suspensions of
				  service.
a) Annual Report of Capital
				Expenditures
Each health care facility shall submit an annual report of
				  capital expenditures as part of the annual health care facility questionnaires
				  issued by HFSRB. (See Section 5.3 of the Act.)
b) Health Planning Information
HFSRB shall require all health care facilities operating in
				  the State to provide information for the purpose of fulfilling the purposes,
				  provisions and responsibilities specified in the Act. (See Section 13 of the
				  Act.) These reports may be on an annual or other basis.
c) Notice of Hospital Reduction of 50% or
				More in Health Care Services
Each hospital is required to notify
the State Board,
				  the
Illinois
Department of Public Health, and the State
				  Senator and 2 State Representatives representing the legislative district in
				  which the hospital is located
, of a reduction in services of 50% or
				  more, within 30 days after that reduction [20
				  ILCS 3960/12.4 ]. Reporting shall include the
				  identification of the service, reasons for reduction and anticipated duration
				  (permanent or temporary). Reduction of 50% or more is determined by the
				  following:
1) If the reduction is in a
				bed category of service, reduction is determined by the number of physically
				available beds as compared to the authorized number of beds stated in the
				Inventory of Health Care Facilities as updated, or the number of staffed beds
				reported in the Annual Hospital Questionnaire;
2) If the reduction is in a non-bed category
				of service (i.e., cardiac surgery, cardiac catheterization, organ
				transplantation, etc.), reduction is determined when the physical number of
				procedure rooms, stations or equipment necessary to provide that service is
				reduced by 50% or more, or the number of clinical staff and/or hours of
				operation is reduced by 50% or more.
A) If
				reduction does not reduce the number of procedures by 50% or more, the
				notification is required only to HFSRB, certifying that the reduction will not
				reduce the number of procedures performed by 50% or more.
B) If the reduction is temporary for the
				purpose of maintenance or equipment repair, notification is required to HFSRB
				only, with a timetable to restore the service.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart B - GENERAL REQUIREMENTS › Section 1130.250 - HFSRB Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
				Guidelines
1) This Section pertains to formal
				HFSRB meetings and does not apply to other HFSRB-sponsored meetings, including
				public hearings or rules development meetings.
2) HFSRB meetings can be held anywhere
				throughout Illinois, as determined by the HFSRB Chair or a majority of HFSRB
				members.
3) Special HFSRB meetings
				that are not previously scheduled and are publically known can be held only if
				the HFSRB Chair or a majority of HFSRB members determines that a special HFSRB
				meeting should be scheduled.
4) All
				HFSRB meetings shall comply with the Open Meetings Act and be conducted using
				Roberts Rules of Order.
5) Only
				permit or exemption applicants and their staff, attorneys or consultants can
				testify at an HFSRB meeting during the time that their application is being
				considered by the Board. Other individuals attempting to be heard at an HFSRB
				meeting outside the public participation period will be declared out of
				order.
6) All HFSRB meetings will
				be conducted as efficiently as possible.
Extraneous or irrelevant discussions occurring during an
				  HFSRB meeting will be avoided. The HFSRB Chair or a majority of Board members
				  can designate time limits on any or all of HFSRB meeting agenda items.
7) Applicants and their
				representatives are able to respond to all questions and statements made by
				Board members at the time of Board consideration of the applicant's project.
				The entire proceedings of every HFSRB meeting are transcribed by a court
				reporter and this transcript will serve as the administrative record of the
				HFSRB meeting.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart C - PROJECTS OR TRANSACTIONS SUBJECT TO THE ACT › Section 1130.310 - Projects or Transactions Subject to the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Projects or Transactions that Require a
				Permit
A person must obtain a permit prior to establishing,
				  constructing or modifying a health care facility, and prior to acquiring major
				  medical equipment, unless an exemption from the requirement to obtain a permit
				  has been issued in accordance with the provisions of Subpart D and Subpart E. A
				  project or transaction that is not exempt is subject to review and requires a
				  permit if the project or transaction:
1) requires a total capital expenditure in
				excess of the capital expenditure minimum. In determining the total capital
				expenditure, all costs (including the fair market value of assets acquired by
				lease or other means) that under generally accepted accounting principles are
				not properly chargeable as expenses of operation and maintenance, must be
				included even if any of such costs are not capitalized for reimbursement or
				other purposes. All capital expenditure minimums shall be annually adjusted
				upon the date established by the Act to reflect the increase in construction
				costs due to inflation. The basis for the adjustment shall be the latest annual
				inflation rate as reflected in the Means Cost Data (RSMeans Company, Inc., 700
				Longwater Drive, Norwell MA 02061). The revised minimums shall be published on
				HFSRB's internet site (
www.hfsrb.illinois.gov
);
2) substantially changes the scope or changes
				the functional operation of the facility as defined in Section
				1130.140;
3) results in the establishment of a health
				care facility as defined in Section 1130.140;
4) changes the bed capacity of a health care
				facility as specified in the Act and Section
				1130.240(f);
5) involves a change of ownership, unless an
				exemption has been issued in accordance with the provisions of Subpart D and
				Subpart E;
6) results in the
				discontinuation of an entire health care facility or category of service (see
				Section 1130.140), unless an exemption has been issued in accordance with the
				provisions of Subpart D and Subpart E; or
7) involves the acquisition of major medical
				equipment.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart D - PROJECTS OR TRANSACTIONS ELIGIBLE FOR EXEMPTION FROM PERMIT REQUIREMENTS › Section 1130.410 - Projects or Transactions Exempt from Permit Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
The following proposed projects and transactions are not
				  subject to the requirement to obtain a permit, provided that an application for
				  exemption is submitted that meets the requirements of this Subpart D and
				  Subpart E and an exemption is issued by HFSRB:
a) the change of ownership of an existing
				health care facility.
This is not applicable to a healthcare facility
				that is licensed under the Nursing Home Care Act (with the exceptions of
				facilities operated by a county or Illinois Veterans Home)
[20 ILCS
				3960/3 ].
b) the discontinuation of an existing health
				care facility or 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
[20
				ILCS 3960/6 ].
c) a proposed project limited to the
				establishment or expansion of a neonatal intensive care service or beds as
				specified in Subpart E.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.500 - General Requirements for Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
Only those projects specified in Section
				  1130.410
				  are eligible for exemption from permit requirements. Persons that have
				  initiated or completed such projects without obtaining an exemption are in
				  violation of the provisions of the Act and are subject to the penalties and
				  sanctions of the Act and Section
				  1130.790.
a) Application for Exemption
Any persons proposing a project for an exemption to permit
				  requirements shall submit to HFSRB an application for exemption containing the
				  information required by this Subpart, submit an application fee (if a fee is
				  required), and receive approval from HFSRB.
b) General Information Requirements
The application for exemption shall include the following
				  information and any additional information specified in this Subpart:
1) the name and address of the applicant or
				applicants (see Section
				1130.220
				);
2) the name and address of the
				health care facility;
3) a
				description of the project, e.g., change of ownership, discontinuation,
				increase in dialysis stations;
4)
				documentation from the Illinois Secretary of State that the applicant is
				registered to conduct business in Illinois and is in good standing or, if the
				applicant is not required to be registered to conduct business in Illinois,
				evidence of authorization to conduct business in other states;
5) a description of the applicant's
				organization structure, including a listing of controlling or subsidiary
				persons;
6) the estimated project
				cost, including the fair market value of any component and the sources and uses
				of funds;
7) the anticipated
				project completion date;
8)
				verification that the applicant has fulfilled all compliance requirements with
				all existing permits that have been approved by HFSRB; and
9) the application-processing fee.
HFSRB NOTE: If a person or project cannot meet the
				  requirements of exemption, then an application for permit may be
				  filed.