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 1126.430 - Establishment of a SMHRF in an Underserved Planning Area

Current through Register Vol. 48, No. 28, July 12, 2024
a) Background of the Applicant - Review
				Criterion
All applicants shall comply with the requirements of this
				  Section.
1) An applicant shall
				demonstrate that it is fit, willing and able, and
has the
				qualifications, background and character, to adequately provide a proper
				standard of
SMHRF services
for the community
.
				[20
				ILCS 3960/6 ] In evaluating the qualifications,
				background and character of the applicant, HFSRB will consider whether adverse
				action has been taken against the applicant, or against any SMHRF owned or
				operated by the applicant, directly or indirectly, within three years preceding
				the filing of the application. A SMHRF is considered "owned or operated" by
				every person or entity that owns, directly or indirectly, an ownership
				interest. If any person or entity owns any option to acquire stock, the stock
				shall be considered to be owned by that person or entity.
2) Examples of Facilities Owned or Operated
				by an Applicant
A) The applicant, Partnership
				ABC, owns 60% of the shares of Corporation XYZ that manages the Good Care SMHRF
				under a management agreement. The applicant, Partnership ABC, owns or operates
				Good Care SMHRF.
B) The applicant,
				Healthy SMHRF, a corporation, is a subsidiary of Universal Health, the parent
				corporation of Healthcenter Services, its wholly-owned subsidiary. The
				applicant, Healthy SMHRF, owns and operates Healthcenter Services.
C) Dr. Wellcare is the applicant. His wife is
				the director of a corporation that owns a SMHRF. The applicant, Dr. Wellcare,
				owns or operates the SMHRF.
D) Drs.
				Faith, Hope and Charity own 40%, 35% and 10%, respectively, of the shares of
				Healthfair, Inc., a corporation, that is the applicant. Dr. Charity owns 45%
				and Drs. Well and Care each own 25% of the shares of Sunny Day SMHRF. The
				applicant, Healthfair, Inc., owns and operates Sunny Day SMHRF.
3) The applicant shall submit the
				following information:
A) A listing of all
				SMHRFs currently owned or operated by the applicant, including licensing,
				certification and accreditation identification numbers, as
				applicable;
B) A certified listing
				from the applicant of any adverse action taken against any facility owned or
				operated by the applicant during the three years prior to the filing of the
				application; and
C) Authorization
				permitting HFSRB and IDPH access to any documents necessary to verify the
				information submitted, including, but not limited to, official records of IDPH
				or other State agencies, the licensing or certification records of other
				states, when applicable, and the records of nationally recognized accreditation
				organizations. Failure to provide the authorization shall constitute an
				abandonment or withdrawal of the application without any further action by
				HFSRB.
4) If, during a
				given calendar year, an applicant submits more than one application for permit,
				the documentation provided with the prior applications may be utilized to
				fulfill the information requirements of this Section. In these instances, the
				applicant shall attest that the information has been previously provided, cite
				the project number of the prior application, and certify that no changes have
				occurred regarding the information that has been previously provided. The
				applicant is able to submit amendments to previously submitted information, as
				needed to update and/or clarify data.