Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1110 - PROCESSING, CLASSIFICATION POLICIES AND REVIEW CRITERIA › Subpart B - INTRODUCTION; GENERAL INFORMATION; GENERAL REVIEW CRITERIA › Section 1110.110 - Background of the Applicant, Purpose of Project, Safety Net Impact Statement, and Alternatives - Information Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The information requirements contained in this Section are
				  applicable to all projects except projects that are solely for discontinuation.
				  An applicant shall document the
qualifications, background, character
				  and financial resources to adequately provide a proper service for the
				  community
and also demonstrate that the project promotes the
orderly and economic development of health care facilities in the State
				  of Illinois that avoids unnecessary duplication of facilities
or
				  service. [
				  20
				  ILCS 3960/2 ]
a) Background of Applicant - Review Criteria
1) An applicant must demonstrate that it is
				fit, willing and able, and
has the qualifications, background and
				character to adequately provide a proper standard of health care service for
				the community.
[
				20
				ILCS 3960/6 ] In evaluating the qualifications,
				background and character of the applicant, HFSRB shall consider whether adverse
				action has been taken against the applicant, including corporate officers or
				directors, LLC members, partners, and owners of at least 5% of the proposed
				health care facility, or against any health care facility owned or operated by
				the applicant, directly or indirectly, within 3 years preceding the filing of
				the application. A health care facility 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 (see 77 Ill. Adm. Code
				1100 and 1130 for definitions of terms such as "adverse action", "ownership
				interest" and "principal shareholder").
EXAMPLES:
Examples of facilities owned or operated by an applicant
				  include:
The applicant, Partnership ABC, owns 60% of the shares of
				  Corporation XYZ, which manages the Good Care Nursing Home under a management
				  agreement. The applicant, Partnership ABC, owns or operates Good Care Nursing
				  Home.
The applicant, Healthy Hospital, a corporation, is a
				  subsidiary of Universal Health, the parent corporation of Healthcenter
				  Ambulatory Surgical Treatment Center (ASTC), its wholly-owned subsidiary. The
				  applicant, Healthy Hospital, owns and operates Healthcenter ASTC.
Dr. Wellcare is the applicant. His wife is the director of a
				  corporation that owns a hospital. The applicant, Dr. Wellcare, owns or operates
				  the hospital.
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 XYZ Nursing Home, Inc. The applicant, Healthfair, Inc., owns and
				  operates XYZ Nursing Home, Inc.
2) The applicant shall submit the following
				information:
A) A listing of all health care
				facilities currently owned and/or operated by the applicant in Illinois or
				elsewhere, including licensing, certification and accreditation identification
				numbers, as applicable;
B) A
				listing of all health care facilities currently owned and/or operated in
				Illinois, by any corporate officers or directors, LLC members, partners, or
				owners of at least 5% of the proposed health care facility;
C) A certified listing from the applicant of
				any adverse action taken against any facility owned and/or operated by the
				applicant during the 3 years prior to the filing of the application;
D) A certified listing of each applicant,
				corporate officer or director, LLC member, partner and owner of at least 5% of
				the proposed facility, identifying those individuals that have been:
i) cited, arrested, taken into custody,
				charged with, indicted, convicted or tried for, or pled guilty to the
				commission of any felony or misdemeanor or violation of the law, except for
				minor parking violations; or
ii)
				the subject of any juvenile delinquency or youthful offender
				proceeding;
E) Unless
				convictions have been expunged, all convictions shall be detailed in writing
				and any police or court records regarding any matters disclosed shall be
				submitted for HFSRB's consideration;
F) A certified listing of each applicant,
				corporate officer or director, LLC member, partner and owner of at least 5% of
				the proposed facility who has been charged with fraudulent conduct or any act
				involving moral turpitude. Any such matter shall be disclosed in
				detail;
G) A certified listing of
				each applicant, corporate officer or director, LLC member, partner and owner of
				at least 5% of the proposed facility who has any unsatisfied judgments against
				him or her;
H) A certified listing
				of each applicant, corporate officer or director, LLC member, partner and owner
				of at least 5% of the proposed facility. Any matter shall be discussed in
				detail;
I) A certified listing of
				each applicant, corporate officer or director, LLC member, partner and owner of
				at least 5% of the proposed facility who is in default in the performance or
				discharge of any duty or obligation imposed by a judgment, decree, order or
				directive of any court or governmental agency. Any matter shall be discussed in
				detail;
J) 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. Any fees paid will be forfeited.
3) 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
				requirements of this subsection (a). 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.
4) The
				documentation for the Background of the Applicant is required one time per
				application, regardless of the number of categories of service involved in a
				proposed project.