reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.520 - Requirements for Exemptions Involving the Change of Ownership of a Health Care Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Submission of Application for Exemption
Prior to acquiring or entering into a contract to acquire an
				  existing health care facility, a person shall submit an application for
				  exemption to HFSRB, submit the required application-processing fee (see Section
				  1130.230 ) and receive
				  approval from HFSRB.
b)
				Application for Exemption
The application for exemption is subject to approval under
				  Section
				  1130.560 and shall
				  include the information required by Section
				  1130.500
				  and the following information:
1)
Key terms of the transaction
, including the:
A)
names of the
				parties;
B)
background of the parties
, which shall include proof that the
				applicant is fit, willing, able, and has the qualifications, background and
				character to adequately provide a proper standard of health service for the
				community by certifying that no adverse action has been taken against the
				applicant by the federal government, licensing or certifying bodies, or any
				other agency of the State of Illinois against any health care facility owned or
				operated by the applicant, directly or indirectly, within three years preceding
				the filing of the application
;
C)
structure of the
				transaction;
D) name of
the person who will be the licensed or certified entity after the
				transaction;
E) list of
the ownership or membership interests in such licensed or certified
				entity both prior to and after the transaction,
including a
				description of the applicant's organizational structure with a listing of
				controlling or subsidiary persons
;
F)
fair market value of assets to be
				transferred; and
G)
the purchase price or other forms of consideration to be provided for
				those assets
. [20
				ILCS 3960/8.5(a) ]
HFSRB NOTE: If the transaction is not completed according to
				  the key terms submitted in the exemption application, a new application is
				  required.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.525 - Requirements for Exemptions Involving the Discontinuation of a Health Care Facility or Category of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Submission of Application for Exemption
Prior to any person discontinuing a health care facility or
				  category of service, the person shall submit an application for exemption to
				  the HFSRB, submit the required application-processing fee (see Section
				  1130.230 ), and receive
				  approval from HFSRB.
b)
				Application for Exemption
The application for exemption is subject to approval under
				  Section
				  1130.560, and shall
				  include a written response addressing the review criteria contained in 77 Ill.
				  Adm. Code
				  1110.130. The
				  application shall be available for review on the premises of the health care
				  facility.
c) Opportunity
				for Public Hearing
Upon a finding that an application to close a health
				  care facility is complete, the State Board shall publish a legal notice on 3
				  consecutive days in a newspaper of general circulation in the area or community
				  to be affected and afford the public an opportunity to request a hearing. If
				  the application is for a facility located in a Metropolitan Statistical Area,
				  an additional legal notice shall be published in a newspaper of limited
				  circulation, if one exists, in the area in which the facility is located. If
				  the newspaper of limited circulation is published on a daily basis, the
				  additional legal notice shall be published on 3 consecutive days. The legal
				  notice shall also be posted on the Health Facilities and Services Review
				  Board's web site and sent to the State Representative and State Senator of the
				  district in which the health care facility is located
. [20
				  ILCS 3960/8.5 (a-3)]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.531 - Requirements for Exemptions for the Establishment or Expansion of Neonatal Intensive Care Service and Beds

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application for Exemption
The application for exemption is subject to approval under
				  Section
				  1130.560 and shall
				  include the information required by Section
				  1130.500,
				  as well as the following information:
1) A description of the project that
				identifies the location of the neonatal intensive care unit and the number of
				neonatal intensive care beds proposed;
2) Verification that a final cost report will
				be submitted to the Agency no later than 90 days following the anticipated
				project completion date;
3)
				Verification that failure to complete the project within the 24 months after
				the Board approved the exemption will invalidate the exemption.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.539 - Requirements for Exemptions Involving the Establishment of Positron Emission Tomography (P.E.T.) Service (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.543 - Requirements for Exemption for Equipment to be Acquired By or on Behalf of a Health Care Facility (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.550 - Agency Processing of an Application for Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application for Exemption Form
Applicants for an exemption are required to submit a
				  completed exemption application form, which is available from the HFSRB website
				  (
www.hfsrb.illinois.gov
). Once
				  completed, the form shall be submitted to the HFSRB principal office, located
				  at 525 W. Jefferson Street, 2nd Floor, Springfield
				  IL 62761.
b) Completeness
HFSRB staff shall review an application for exemption to
				  determine whether all required information and application-processing fees have
				  been submitted. Applications that do not contain the required information,
				  documentation, or fee shall be deemed incomplete. If HFSRB staff deems the
				  application incomplete, they shall notify the applicant of the reasons within
				  30 days after receipt. The applicant shall submit the information or fee within
				  30 days after receiving the notice. Failure to submit the requested information
				  or fee shall result in the application for exemption being voided with the loss
				  of all fees paid.
HFSRB NOTE: Persons who have initiated or completed projects
				  eligible for exemption without obtaining an exemption are in violation of the
				  Act and are subject to the penalties and sanctions provided in the Act and
				  Section
				  1130.790.
c) Submission to Chairman of HFSRB
Following HFSRB staff review, applications (including related
				  documentation) that comply with all HFSRB requirements and are unopposed shall
				  be forwarded to the Chairman for review and action.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.560 - HFSRB Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Action by
				Chairman
The Chairman, acting on behalf of HFSRB, shall review all
				  applications for exemption and approve, deny, or refer the application or
				  material change to HFSRB for review and action.
1) The chairman shall act
on an
				exemption application for a change of ownership among related persons within 45
				days after
HFSRB staff deems the application
complete,
				provided the application
includes the requisite information.
If the Board Chair has a conflict of interest or for other good cause,
				the Chair may request
that the Board consider the
				application
.
[20
				ILCS 3960/8.5(a) ]
2) The Chair shall act upon an exemption
				application for the discontinuation of a health care facility, discontinuation
				of a category of service, or change of ownership that is not among related
				persons after Board staff finds that the application is complete and includes
				the requested information. The Chair may refer the application to the
				Board.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.570 - Validity of an Exemption and Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A project that has received an exemption
				shall be completed on or before the completion date approved by HFSRB or
				mandated by the Act and this Part. An exemption shall be valid through
				completion provided the requirements of this Section are met.
b) For purposes of this Section, "completion"
				occurs on the following date:
1) for change
				of ownership of a health care facility, the date that a new license has been
				issued (or, if licensing is not applicable, Medicare and/or Medicaid
				certification has been obtained), or a stock transfer has been accomplished, or
				a majority change in voting membership or sponsorship of a not-for-profit
				corporation has been accomplished, or the transfer of assets has occurred, or
				the merger or consolidation has been accomplished, whichever is
				applicable;
2) for
				discontinuations, the date the entire health care facility or category of
				service ceases operation, such as when the facility stops providing services to
				patients or surrenders its license to the Department.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.580 - Relinquishment of an Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
The holder of an HFSRB exemption may request to withdraw that
				  exemption. The relinquishment request requires an application to and approval
				  by HFSRB for relinquishment. Upon approval of relinquishment by HFSRB, the
				  exemption is considered null and void. Requests for relinquishment shall be
				  considered only for exemptions that are current and valid. Requests shall be
				  filed with HFSRB prior to the completion date of the exemption.
a) Relinquishment Procedure
The permit holder shall notify HFSRB in writing, prior to the
				  execution of the withdrawal of a project. The notice shall include:
1) A description of the exemption and related
				costs;
2) A detailed explanation of
				the reasons for relinquishment; and
3) If the approval of the permit or exemption
				was based upon need, an explanation of how that need will be met in absence of
				the project.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart E - OPERATIONAL REQUIREMENTS FOR EXEMPTIONS › Section 1130.590 - Revocation of an Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
a) HFSRB
				shall revoke an exemption upon a determination that an exemption holder has
				failed to comply with the requirements of the Act and this Part. The
				determination may be based upon, but not limited by, any of the following
				reasons:
1) The project for which the
				exemption was granted has been altered without the required notice and approval
				of HFSRB;
2) The exemption holder
				has failed to complete the project on or before the completion date;
3) The exemption holder or applicant
				materially changed information or details submitted in the exemption
				application or in any written materials submitted to HFSRB;
4) The permit holder or applicant submitted
				false information in the Application for Exemption or in any written materials
				submitted to HFSRB;
5) The permit
				holder or applicant misrepresented information presented at an HFSRB meeting,
				at an HFSRB public hearing, or in response to HFSRB or HFSRB staff
				inquiries;
6) The exemption holder
				or applicant has been convicted of any of the following crimes during the
				previous five years. The convictions shall be verified by a certified copy of
				the court of conviction.
A) A
				felony;
B) Two or more misdemeanors
				involving moral turpitude;
7) The exemption holder, applicant, or health
				care facility representative has refused to allow an inspection or survey of
				the health care facility by HFSRB representatives (i.e., IDPH
				surveyors);
8) The facility has
				insufficient financial or other resources to operate the facility in accordance
				with the exemption application or with any other information submitted to
				HFSRB;
9) The facility's license
				has been revoked by IDPH.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.610 - Duration of the Review Period and Time Frames

Current through Register Vol. 48, No. 28, July 12, 2024
a) Emergency Applications
Initial application for emergency projects (as defined in 77
				  Ill. Adm. Code
				  1110.40
				  ) may be made verbally or in writing or by electronic means to the
				  Administrator. The Administrator, upon receiving the concurrence of the
				  Chairman (or in the absence of the Chairman, the Vice-Chairman) that the
				  situation is emergent in nature in accordance with the provisions of 77 Ill.
				  Adm. Code 1110.40, is authorized to give verbal approval. Any such
				  communications shall be followed by a written application and written approval.
This procedure is exempt from the public hearing requirements of the
				  Act
[20
				  ILCS 3960/12 ]. The written application shall identify
				  the applicant and shall summarize the nature of the problem the emergency
				  project will correct and the anticipated cost of the project.
b) Substantive and Non-substantive
				Applications
The review period for HFSRB staff shall be a minimum of 30
				  days following the application's completeness date and shall not exceed 60 days
				  for non-substantive projects and 120 days for substantive projects, with the
				  exception of projects proposing to establish or discontinue a category of
				  service,
which shall be reviewed by the Board within 60 days
[20 ILCS 3960/12], and applications for changes of ownership among related
				  persons, which
shall be acted upon by the Board Chair within 45 days.
				  If the Board Chair has a conflict of interest or for other good cause, the
				  Chair may request review by the Board.
[20
				  ILCS 3960/8.5(a) ] The review period
				  can be extended pursuant to the provisions of this Subpart. All applications
				  other than emergency applications shall be acted upon by HFSRB at the next
				  regularly scheduled meeting that is at least 10 business days following the
				  completion of the HFSRB staff review.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.620 - Technical Assistance, Classification, Completeness Review, and Review Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Technical Assistance
1) The application shall
				be completed in accordance with the requirements of this Part that are
				applicable to the individual project. An applicant may request technical
				assistance from or a pre-application conference with HFSRB staff regarding
				completion of the application and the applicability of the requirements of this
				Part.
2) 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. 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 format, and shall be included in the public
				record.
[20 ILCS
				3960/4.2 ]
3)
Nothing in
the Act
shall prohibit staff members from providing technical assistance to
				applicants. Nothing
in the
Act shall prohibit staff from
				verifying or clarifying an applicant's information as
they prepare
the Board's staff report.
[20 ILCS
				3960/4.2(a) ]
4) 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, or consultations with
				independent experts. HFSRB staff shall prepare a written record of any
				technical assistance provided after an application is deemed complete for
				inclusion in the application file.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.630 - HFSRB Staff Actions During the Review Period

Current through Register Vol. 48, No. 28, July 12, 2024
During the course of the review period, HFSRB staff
				  shall:
a) Notify the applicant of
				completeness and the start of the review period and forward to the applicant
				the tentatively scheduled date for HFSRB action;
b) Offer an opportunity for a public hearing,
				provide a period for written comments concerning the proposed project, and when
				requested, conduct a public hearing;
c) Evaluate the application for compliance
				with the review criteria applicable to the specific project;
d) Transmit to HFSRB and to the applicant
				HFSRB's report and findings, the public hearing report, a summary of all
				written public comment received 20 days prior to the scheduled HFSRB meeting,
				and written comments that are received within the prescribed time periods
				established in this Part;
e)
				Release to the public any written review or findings of the Board staff or any
				other reviewing organization under Section 8 of the Act concerning the
				application for permit at least 14 calendar days before the meeting of the
				State Board at which the review or findings are considered. [20
				ILCS 3960/6 (c-5)]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.635 - Additional Information Provided During the Review Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) Additional Information
1) During the review period, HFSRB may
				request information or data from the applicant or from other persons to clarify
				the application and conduct the HFSRB staff review.
2) The applicant may also submit information
				or data if the information is:
A) due to a
				modification of the project; or
B)
				in response to an Intent to Deny, or in response to a request from
				HFSRB.
3) All additional
				information shall be submitted to HFSRB's staff in writing, on 8½" by
				11" paper.
4) All additional
				information shall be submitted within the required time frame established in
				subsections (b) and (c) and shall be sent only by any recognized overnight
				courier or personal delivery service.
5) Additional information submitted by fax or
				email will not be accepted.
6) All
				additional information shall be made part of and included in the project
				record.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.640 - Extension of the Review Period

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Extension by HFSRB of the Review of Information
As required to complete its review, HFSRB staff may extend
				  the review period for up to 120 days to analyze additional information. HFSRB
				  will consider the application at the next regularly scheduled meeting that is
				  at least 10 days following the completion of HFSRB review of the additional
				  information.
b) Extension
				Due to Deferral by Applicant
The applicant may defer consideration of a project by HFSRB.
				  A deferral extends from the HFSRB meeting at which the project has been
				  scheduled to the next scheduled HFSRB meeting, subject to a review period of up
				  to 60 days for analyzing additional information. A request for deferral,
				  specifying the reasons for the request, shall be submitted to HFSRB, as
				  follows:
1) Written Request - to be
				received by HFSRB staff no later than 5 business days prior to the scheduled
				HFSRB meeting; or
2) Verbal Request
				- by issuing a formal request to HFSRB during the consideration of the project
				at the HFSRB meeting.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.650 - Modification of an Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Modifications to an application are allowed during the review period, prior to
				final HFSRB decision. Modifications (as defined in Section
				1130.140 ) shall be
				classified as Type A or Type B. Type A modifications shall be subject to the
				public hearing requirements of the Act. If requested, a hearing would occur
				within the time allocated for HFSRB staff review. Type A modifications consist
				of any of the following:
1) A change in the
				number of beds proposed in the project.
2) A change in the project site to a new
				location within the planning area. A change in site to a location outside the
				planning area originally identified in the application is not considered a
				modification. It voids the application.
3) A change in the cost of the project
				exceeding 10% of the original estimated project cost.
4) A change in the total gross square footage
				(GSF) of the project exceeding 10% of the original GSF.
5) An increase in the categories of service
				to be provided.
6) A change in the
				person who is the applicant, including the addition of one or more
				co-applicants to the application.
7) Any modification to a project, including
				modifications specified in subsections (a)(1) through (a)(6), that, by itself,
				would require a certificate of need (CON) permit or exemption.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.655 - HFSRB Consideration and Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Chairman Consideration and Action
Applications for permit that meet all of HFSRB's review
				  criteria and are unopposed shall be:
1) reviewed for approval by the Chairman,
				acting on behalf of HFSRB [20
				ILCS 3960/5 ]; or
2) referred by the Chairman to the full Board
				for review and action.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.660 - Approval of an Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				number of affirmative votes required for approval of an application and
				issuance of a permit by HFSRB is specified in the Act. HFSRB shall consider the
				application and any additional information or modification submitted by the
				applicant, HFSRB staff reports, the public hearing testimony and written
				comments, if any, and other information coming before it in making its
				determination whether to approve the project. Applications are reviewed to
				determine compliance with review criteria contained in 77 Ill. Adm. Code 1110
				and 1120. The failure of a project to meet one or more of the applicable review
				criteria shall not prohibit the issuance of a permit. A permit is effective on
				the date of HFSRB authorization.
b)
				HFSRB may propose conditions to be placed upon any application for permit.
				Projects that are approved with conditions or stipulations shall contain the
				following:
1) Specified conditions that are
				expressly agreed to by the applicant;
2) Establishment of time frames for
				compliance with conditions;
3)
				Establishment of reporting requirements; and
4) Assurance that any change to the
				application for permit does not constitute a Type A modification as delineated
				in Section
				1130.650(a)
				that would require a public hearing.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.670 - Intent to Deny an Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Issuance of Intent to Deny
Failure of an application for permit to receive the number of
				  affirmative votes required by the Act upon initial consideration by HFSRB shall
				  constitute an Intent to Deny the application. After issuing an Intent to Deny,
				  HFSRB will give the applicant
an opportunity to appear before
HFSRB
and present information relevant to the approval of the
				  permit
[20
				  ILCS 3960/10 ]. The date of the Intent to Deny is the
				  date of the HFSRB meeting when the action occurred.
b) Applicant's Response
The applicant shall notify HFSRB in writing within 14
				  calendar days after the Intent to Deny to indicate whether the applicant
				  intends to appear before HFSRB and/or submit additional information. The
				  applicant is responsible for assuring that HFSRB receives the response within
				  14 days of the Intent to Deny.
c) Action Following Notice of Intent to Deny
1) If the applicant waives the right to
				appear before HFSRB or if a written response is not received within 14 days
				after the Intent to Deny, then the application shall be considered
				withdrawn.
2) If the applicant
				indicates that no additional information will be submitted, HFSRB shall take
				action on the application at its next meeting.
3) If the applicant indicates that additional
				information will be submitted, the applicant shall be afforded 60 days from the
				date of the Intent to Deny to submit the material. Upon receipt of additional
				information, HFSRB staff shall commence a review and submit its findings to
				HFSRB in accordance with the provisions of this Subpart. HFSRB staff shall be
				allowed up to 60 days following the receipt of all material to review the
				material and issue a supplemental report.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart F - OPERATIONAL REQUIREMENTS FOR THE REVIEW AND PROCESSING OF APPLICATIONS FOR PERMIT › Section 1130.680 - Denial of an Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) If,
				after an Intent to Deny, an application for permit fails to receive the
				required number of affirmative votes for approval as specified in the Act, the
				HFSRB vote shall constitute a denial of the application for permit.
b) If HFSRB denies an application for permit,
				the decision and notice of opportunity for administrative hearing shall be
				transmitted to the applicant by certified mail.
c) At the conclusion of such administrative
				hearing, or upon default of the applicant, HFSRB shall make its final
				administrative decision, specifying its findings of fact and conclusions of
				law. The Administrator shall transmit the decision to the applicant by
				certified mail.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.710 - Validity of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
A permit is effective on the date of HFSRB
				  authorization.
a) A permit shall be
				valid until the project has been completed, provided that:
1) financial commitment of the project occurs
				within the time frames specified in the Act, unless HFSRB extends the financial
				commitment period (as defined in Section
				1130.730
				); and
2) the project commences and
				proceeds to completion with due diligence. The financial commitment period
				shall be extended for any project for which issuance of a permit has been
				contested and is in administrative review. The financial commitment period will
				be extended by the length of time equal to the number of days from the date a
				summons was received until the date of final disposition of the suit.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.720 - Financial Commitment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				permit holder shall financially commit projects for construction, establishment
				or modification by expending or committing to expend at least 33% of the total
				project cost no later than:
1) 24 months for
				major construction projects; or
2)
				12 months for all projects that do not include major construction; or
3) The HFSRB completion date of the permit,
				if it occurs before the deadlines in subsections (a)(1) and (a)(2).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.730 - Extension of the Financial Commitment Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) HFSRB may grant the permit holder a single
				extension to financially commit at least 33% of the total project costs. An
				extension shall be for a period of up to one year from the previously defined
				financial commitment date.
b) The
				permit holder shall submit a written request for extension, along with an
				application-processing fee.
c) A
				request for extension must be in writing and received by HFSRB at least 45 days
				prior to the defined financial commitment date or the permit expiration date
				if, based on the 12-month or 24-month requirement for financial commitment, the
				permit expiration date comes before the defined financial commitment date. A
				request for extension shall be assessed a $500 application processing fee and
				is subject to the requirements of Section
				1130.230. A request for
				extension that is received less than 45 days prior to the permit financial
				commitment date shall be subject to an additional $500 late
				application-processing fee. If HFSRB does not receive payment, the request for
				extension will not be processed.
d)
				HFSRB staff shall review the request for extension and prepare a report of its
				findings. If the findings are that the request is in conformance with all HFSRB
				criteria, HFSRB staff findings and all related documentation shall be sent to
				the Chairman. The Chairman, acting on behalf of HFSRB, shall approve or deny
				the request, or refer the request to HFSRB for action. If HFSRB staff find that
				not all criteria are positive, or if the Chairman refers this to the full Board
				for action, then the matter shall be sent by HFSRB staff to HFSRB members.
				HFSRB shall evaluate the information submitted in making its determination
				whether to grant the extension. Projects that continue to comply with the
				provisions of 77 Ill. Adm. Code 1110 and 1120 and that have shown good cause by
				submitting the required information for an extension request specified in
				subsection (b) of this Section, and for which the causes for delays are beyond
				the permit holder's control, shall be approved for extension. Denial by HFSRB
				of an extension request shall constitute the final HFSRB decision and is not
				subject to administrative appeal.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.740 - Permit Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
A permit holder may request a completion date that is later
				  than an approved project completion date by submitting to HFSRB a request for
				  permit renewal.
a) Permit renewal by
				HFSRB must be requested prior to the required project completion
				date.
b) A permit renewal shall
				commence on the expiration date of the original permit.
c) The request for permit renewal shall be in
				writing and shall be received by HFSRB at least 45 days prior to the expiration
				date of the permit, and shall include the following information:
1) the requested completion date;
2) a status report on the project detailing
				what percent has been completed and a summary of project components yet to be
				finished and the amount of funds expended on the project to date;
3) a statement as to the reasons why the
				project has not been completed; and
4) confirmatory evidence by the permit
				holder's authorized representative that the project's costs and scope comply
				with the application HFSRB approved and that sufficient financial resources are
				available to complete the project.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.750 - Alteration of Post-Permit Projects

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicability
1) Permit holders shall report
				all alterations to HFSRB before executing the alteration. Some proposed
				alterations require HFSRB approval and some are prohibited. Proposed
				alterations that are not cited under these two categories require only written
				notification to HFSRB prior to execution.
2) Any change after the permit is issued may
				constitute an alteration. Permit holders shall report all alterations to HFSRB
				before the alteration is executed.
3) The alteration requirements are applicable
				only to projects with open permits (approved projects that are not yet
				completed).
4) Alteration
				provisions are valid only for the projects defined and approved in the
				permit.
5) A project with a permit
				can be altered any time between the date of permit issuance and project
				completion.
6) All alterations
				requiring HFSRB action shall be reviewed and approved on a cumulative basis.
				More than one alteration can be reviewed and approved during the life of a
				project; however, the limits on alterations shall be applied cumulatively for a
				single permit.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.760 - Annual Progress Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each permit
				holder shall submit annual progress reports to HFSRB staff every 12 months from
				the permit issuance date until the project is completed.
A permit
				holder must submit annual progress reports no earlier than 30 days before and
				no later than 30 days after each anniversary date of the Board's approval of
				the permit until the project is completed.
b) Permit holders shall limit post-permit
				reports to annual progress reports and the final completion and cost
				report.
c)
Annual progress
				reports shall include information regarding the committed funds expended toward
				the approved project.
d)
If the project is not completed in one year, then, by the second annual
				report, the permit holder shall expend 33% or more of the total project cost or
				shall make a commitment to expend 33% or more of the total project cost by
				signed contracts or other legal means, and the report shall contain information
				regarding those expenditures or commitments.
e)
If the project is to be completed
				in one year, then the first annual report shall contain the
financial
commitment information for the total project cost.
f)
The State Board may extend
				the
financial
commitment period after considering a permit
				holder's showing of good cause and request for additional time to complete the
				project.
[20
				ILCS 3960/5 ] The financial commitment period may be
				extended once for a maximum of one year. (See Section
				1130.730.)
				If the financial commitment period is extended, the financial commitment
				information shall be submitted no later than the due date of the next annual
				report that immediately follows the new financial commitment date.
g) If a permit holder fails to provide the
				required annual reports, the permit holder's future applications will be
				considered incomplete until HFSRB staff receives the required
				reports.
h) A permit holder's
				failure to timely submit the required annual progress reports shall be
				considered a violation of the Act and shall subject the permit or exemption
				holder to fines, permit revocation, and the penalties and sanctions mandated in
				the Act (see
				20
				ILCS 3960/14.1 ) and Section
				1130.790.
i) All information submitted to HFSRB
				regarding annual progress reports shall be submitted on 81/2" by 11"
				paper.
j) All information regarding
				annual progress reports shall be submitted within the allowable time frames
				established in subsection (a) and shall be sent only by a recognized overnight
				courier or personal delivery service.
k) Annual reports submitted by email or fax
				will not be accepted.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.770 - Project Completion, Final Realized Costs and Cost Overruns

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
				Notification
1) Each permit and exemption
				holder shall notify HFSRB upon its project completion.
2) All information concerning project
				completion shall be submitted on 8½" by 11" paper.
3) All information regarding project
				completion shall be submitted within the allowable time frames established in
				subsection (a)(5) and shall be sent only by any recognized overnight courier or
				personal delivery service.
4)
				Notices of project completion and final realized costs will not be accepted by
				email or fax.
5) The report of
				project completion and final realized costs, including supporting documentation
				listed in subsections (c) and (d), shall be submitted within 90 days following
				the project completion date.
6) The
				permit holder may request an extension of the deadline for submission of the
				final project cost report by meeting the requirements stated in Section
				1130.740 (Project
				Renewal).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.775 - Relinquishment of a Permit

Current through Register Vol. 48, No. 28, July 12, 2024
A permit holder may request to withdraw its permit. The
				  request requires an application to and approval by HFSRB for relinquishment.
				  Upon approval of relinquishment by HFSRB, the permit is considered null and
				  void. Requests for relinquishment shall be considered only for permits that are
				  current and valid. Requests shall be filed with HFSRB prior to the completion
				  date of the permit. HFSRB will not process a request for relinquishment until
				  it receives the application-processing fee.
a) Relinquishment Procedure
The permit holder shall notify HFSRB in writing, prior to the
				  abandonment or withdrawal of a project. The notice shall include:
1) A description of the permit and related
				costs;
2) A detailed explanation of
				the reasons for abandonment; and
3)
				If the approval of the permit or exemption was based upon need, an explanation
				of how that need will be met in absence of the project.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.780 - Revocation of a Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) HFSRB
				shall revoke a permit upon a determination that a permit holder has failed to
				comply with the requirements of the Act and this Section. The determination may
				be based upon, but not limited by, any of the following:
1) the project for which the permit was
				granted has been altered without the required notice and/or approval of
				HFSRB;
2) the permit holder has
				failed to complete the project on or before the completion date;
3) The permit holder or applicant materially
				changed information or details submitted in the CON application or in any
				written materials submitted to HFRSB;
4) The permit holder or applicant submitted
				false information in the CON application or in any written materials submitted
				to HFSRB;
5) The permit holder or
				applicant misrepresented information presented at a Board meeting, at an HFSRB
				public hearing, or in response to HFSRB or HFSRB staff inquiries;
6) The permit holder or applicant has been
				convicted of any of the following crimes during the previous five years. The
				convictions shall be verified by a certified copy of the court of conviction:
A) A felony;
B) Two or more misdemeanors involving moral
				turpitude;
7) The permit
				holder, applicant, or health care facility representative has refused to allow
				an inspection or survey of the health care facility by Board representatives
				(i.e., IDPH surveyors);
8) The
				facility has insufficient financial or other resources to operate the facility
				in accordance with the CON application or with any other information submitted
				to the Board;
9) The facility's
				license has been revoked by IDPH.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart H - DECLARATORY RULINGS › Section 1130.810 - Declaratory Rulings

Current through Register Vol. 48, No. 28, July 12, 2024
HFSRB shall render determinations on various matters relating
				  to permits and the applicability of the statute and regulations. Requests for
				  determinations shall be made in writing. Pursuant to Section 5-150 of the
				  Illinois Administrative Procedure Act, these determinations are declaratory
				  rulings and are not subject to appeal. Matters subject to declaratory rulings
				  by HFSRB include, but are not limited to:
a) whether a proposed project requires a
				permit or exemption;
b) corrections
				to the facility inventories utilized by HFSRB;
c) recognition that a particular service was
				in existence prior to permit requirements;
d) amount of fees required;
e) project classification as substantive or
				non-substantive; and
f)
				applicability of rules.
HFSRB NOTE: Declaratory ruling requests pertaining to an
				  application for permit or exemption during the review period may be submitted
				  only by the applicant and by HFSRB staff.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.910 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public Hearing
				on Certificates of Exemption
The Act requires that HFSRB staff afford an opportunity for
				  public hearing when an exemption application for a change of ownership,
				  discontinuation of a health care facility, or discontinuation of a category of
				  service is declared complete (see
				  20
				  ILCS 3960/8.5 ).
b) Public Hearing on Proposed Rules
In addition to the requirements of the IAPA, HFSRB shall
				  adopt procedures concerning public notice and hearing on proposed rules (see
				  20
				  ILCS 3960/12 ).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.920 - Notice of Review and Opportunity for Public Hearing and Comment on Applications for Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of
				Review and Opportunity for Public Hearing and Comment
After HFSRB staff deems complete an application for permit,
				  or after the applicant makes a type A modification to an application that is
				  deemed complete (pursuant to the provisions of this Part), HFSRB shall afford
				  an opportunity for public hearing and written comments on the project by
				  preparing and publishing a Notice of Review and Opportunity for Public Hearing
				  and Comment (Notice). This Notice shall consist of at least the following
				  elements:
1) Identification of the
				proposed project, including the project cost and a brief description of the
				project and the tentative date that the application is scheduled for HFSRB
				review;
2) Identification,
				including the mailing address and telephone number, of the agency that is
				responsible for the public hearing;
3) Information regarding where a copy of the
				application may be viewed by the public and how copies of the application may
				be obtained;
4) A statement that
				any person has the right to request a public hearing and to submit written
				comments on the proposed project;
5) The date (which shall be at least 15 days
				from the date of publication of the Notice) by which a written request for a
				public hearing shall be received by HFSRB; and
6) HFSRB staff must receive all public
				comments regarding an application no later than 20 days prior to the
				tentatively scheduled consideration of the application. If the consideration
				date is extended, the public comment period will also be extended. If
				subsequent to HFSRB consideration of an application, a final decision is not
				made (application is deferred or is issued an Intent to Deny), the public
				comment period shall be extended to the 20 days prior to the next
				consideration.
HFSRB NOTE: The provisions of this subsection (a) do not
				  apply to written comments that are submitted pursuant to the time frames
				  established by a hearing officer as part of a public hearing concerning an
				  application for permit.