reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.930 - Notice of Public Hearing on Applications for Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Content and Distribution of Notice of
				Public Hearing on Application for Permit If HFSRB staff receive a request for a
				public hearing on a proposed project in response to the Notice of Review and
				Opportunity for Public Hearing or Comment within the time frame established in
				the notice, HFSRB staff shall schedule a public hearing on the proposed project
				and prepare and publish a Notice of Public Hearing. The Notice of Public
				Hearing shall consist of at least the following:
1) Identification of the subject to be
				heard;
2) Identification of the law
				under which the subject is being heard;
3) Identification of the agency conducting
				the hearing;
4) Announcement of the
				time, date and location of the hearing;
5) Announcement that the hearing is an open
				public meeting at which all parties at interest will be afforded an opportunity
				to present written and/or verbal comments relevant to the project;
				and
6) Announcement that
				allegations or assertions should be relevant to the need for the proposed
				project and be supported with two copies of documentation or materials that are
				preferably printed or typed on 81/2" by 11" paper.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.940 - Procedures for Public Hearing on Applications for Permit

Current through Register Vol. 48, No. 28, July 12, 2024
Procedures for public hearing shall include at least the
				  following:
a) A place of reasonable
				size and accessibility shall be provided;
b) A hearing officer or officers who shall
				conduct the hearing and take all necessary steps to assure the hearing's proper
				completion;
c) The hearing officer
				shall have the authority to require the swearing in of persons presenting
				testimony and to determine the order in which testimony is taken and the time
				to be allocated for each person to testify;
d) The hearing officer shall maintain order
				and may set and announce new hearing dates, times and places. The hearing
				officer's verbal announcement shall, for this purpose, constitute public
				notice;
e) The proceeding shall be
				tape-recorded or otherwise recorded. A full and complete transcript need not be
				made, however, unless required by law and paid for by the requesting
				party;
f) The hearing shall be
				deemed to have been completed and terminated when the hearing officer so finds
				and has determined that all exhibits, documents and other written materials
				presented or requested at the hearing are in his or her custody; and
g) The hearing officer shall, within a
				reasonable time, submit a public hearing report that shall include all exhibits
				and documents to HFSRB staff for submission to HFSRB.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.950 - Written Comments on Applications for Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Provision for and Types of Written
				Comments
1) Written comments regarding an
				application and any supplemental information pertaining to an application shall
				be submitted in accordance with the Notice of Review requirements of this
				Subpart, in accordance with public hearing requirements established at the
				direction of the hearing officer, or in accordance with requirements for
				additional testimony established as a request from and at the direction of
				HFSRB.
2) Persons who have
				previously participated in any public hearings or submitted written comments
				related to a project shall not repeat previously submitted comments.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.960 - Notice Procedures for Public Hearing on Applications for Certificate of Recognition (or Revocation of Recognition) (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 I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.970 - Procedures for Public Hearing on Applications for Certificate of Recognition (or Revocation of Recognition) (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 I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.980 - Procedures Concerning Public Hearing for Certificate of Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
The procedures pertaining to public hearing requirements
				  concerning an application for exemption for a proposed change of ownership of a
				  health care facility are as specified in Section
				  1130.520.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.990 - Procedures for Public Hearing and Comment on Proposed Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) All proposed
				rulemaking is subject to the provisions of the IAPA.
b) HFSRB will provide notice of the public
				comment period, together with the publication of the proposed rules in the
				Illinois Register, as part of the IAPA's First Notice requirements.
c) HFSRB shall conduct public hearings on
				proposed rules, if requested in writing within 14 business days following the
				publication of the proposed rules in the Illinois Register. Notice of public
				hearings will be posted on the HFSRB website (
http://hfsrb.illinois.gov
).
d) Commenters participating at a public
				hearing are encouraged to submit their testimony in writing.
e) The entire proceedings of every HFSRB
				public hearing will be transcribed by a court reporter and this transcript will
				serve as the administrative record of the HFSRB public hearing.
f) Written comments should be submitted in
				accordance with the First Notice requirements published in the Illinois
				Register.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart I - PUBLIC HEARING AND COMMENT PROCEDURES › Section 1130.995 - Procedures for Written Public Comment on All Other Matters

Current through Register Vol. 48, No. 28, July 12, 2024
Written public comment is permitted for all other matters
				  subject to HFSRB proceedings that are not otherwise specified in this Part
				  (e.g., requests for alterations, renewals, extensions, declaratory rulings).
				  The comment shall identify the subject matter and conform to the
				  following:
a) Persons who previously
				participated in any public hearings or submitted written comments related to a
				project shall not repeat previously submitted comments.
b) HFSRB staff must receive all public
				comment no later than 20 days prior to HFSRB's tentatively scheduled
				consideration of the matter. If that date of consideration is extended, the
				public comment period shall also be extended.
c) Comments shall be in writing. Only those
				written comments addressed or submitted to HFSRB or its Administrator and
				received at HFSRB headquarters shall be included as part of the public record,
				provided that HFSRB receives the comments within the prescribed time frame and
				the comments meet the requirements of this Subpart. Persons submitting comments
				are responsible for assuring that HFSRB staff receive the comments within the
				prescribed time frame. In addition, persons providing comments to HFSRB shall
				assure that the submission is not in violation of the ex parte provisions of
				the Act.
d) Written comments shall
				contain a signature and the name and address of the person submitting the
				comments. Written comments shall be on 81/2" by 11" paper.
e) All written comments shall be submitted
				within the time frames established in subsection (b) and shall be sent only by
				a recognized overnight courier or personal delivery service.
f) Written comments that are submitted by fax
				or email will not be accepted.
g)
				Ex Parte Comments
Written comments that are received after the prescribed date
				  shall be considered ex parte and shall not be forwarded to HFSRB or to the
				  applicant and shall not be considered in making a
				  determination.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1010 - The Right to an Administrative Hearing and Applicable Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart of practice and procedures
				for administrative hearings is promulgated pursuant to Section 5-10(a)(i) and
				Article 10 of the IAPA and Sections 10 and 11 of the Illinois Health Facilities
				Planning Act.
b) A person whose
				application for permit, a renewal of a permit, or a certificate of recognition
				is denied or whose permit or certificate of recognition is revoked by HFSRB
				shall be afforded an opportunity for a hearing before a hearing officer. These
				hearings shall be governed by this Part.
c) Administrative hearings in contested cases
				as defined by the IAPA shall be governed by this Part.
d) In case of a conflict between the
				provisions of this Part and the IAPA, the provisions of the IAPA shall apply.
				Provisions of the IAPA that relate to contested cases shall apply to all
				hearings.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1020 - Initiation of a Contested Case (Pleadings)

Current through Register Vol. 48, No. 28, July 12, 2024
a) In contested cases, in which HFSRB is
				required to serve respondent a notice of opportunity for an administrative
				hearing, that notice shall contain:
1)
a statement of the nature of the
action;
2)
a statement of the legal authority
				and jurisdiction under which the
action
is being
initiated;
3)
a reference
				to the particular Sections of the statutes and/or rules
				involved;
4) allegations
				of noncompliance;
5) a statement of
				the procedure for requesting an administrative hearing, including a date by
				which the request must be received by HFSRB, which must be set at least 10 days
				after the notice is mailed or personally served;
6)
except where a more detailed
				statement is otherwise provided for by law, a short and plain statement of the
				matters asserted, the consequences of a failure to respond, and the official
				file or reference number.
[5 ILCS
				100/10-25 ]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1030 - Waiver of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant waives the right to a hearing if, after HFSRB
				  issues a denial, the applicant submits a modified application for permit. An
				  applicant also waives the right to a hearing if the applicant does not request
				  a hearing within the required timeframe. Any pending administrative hearing on
				  an application for permit shall be dismissed by the administrative law judge
				  upon the showing that a modified application was submitted by the applicant and
				  the matter was referred to HFSRB. The waiver of a right to an administrative
				  hearing on a denied application does not waive the right to an administrative
				  hearing on the denial of the modified application.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1040 - Parties to Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				parties to proceedings before HFSRB are complainants, applicants, respondents
				and intervenors.
b) HFSRB shall be
				deemed a complainant in any proceedings initiated by its own action.
c) An applicant is the person required by the
				Act to obtain a permit from HFSRB who files an application with
				HFSRB.
d) Intervenors are
				"adversely affected persons" and are granted the right to be parties to
				proceedings before HFSRB. These persons are defined as:
1) the area-wide health planning organization
				for the health service area in which the proposed project is to be
				located;
2) the area-wide health
				planning organizations serving contiguous health service areas or located
				within the same Standard Metropolitan Statistical Area (SMSA);
3) any person residing within the geographic
				area served or to be served by the applicant;
4) any person who regularly uses health care
				facilities within that geographic area;
5) health care facilities and HMOs located in
				the health service area in which the project is proposed to be located that
				provide services similar to the services of the applicant;
6) health care facilities and HMOs that,
				prior to HFSRB staff receiving the application being reviewed, have formally
				indicated an intention to provide similar services in the future;
7) third party payers who reimburse health
				care facilities for services in the health service area in which the proposed
				project is to be located;
8) any
				agency that establishes rates for health care facilities or HMOs located in the
				health service area in which the project is proposed to be located;
				and
9) IDPH.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1050 - Appearance - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				party to the proceeding may appear and be represented by an attorney at law
				authorized to practice in the State of Illinois.
b) A corporation, limited liability company,
				partnership or association shall appear and be represented only by an attorney
				authorized to practice law in the State of Illinois. A shareholder, corporate
				officer, employee or member of the board of directors may not appear or
				represent a corporation or association unless that individual is authorized to
				practice law in the State of Illinois.
c) All persons appearing in proceedings
				before the Board shall conform to the standards of ethical conduct required of
				attorneys before the courts of Illinois. If any person or attorney does not
				conform to those standards, the administrative law judge may decline to permit
				that person to appear in any proceeding.
d) Any attorney or other person, other than
				the Board counsel, appearing before the Board shall file an appearance form
				containing: the name of the party represented; the name, address and telephone
				number of the attorney or representative; an affirmative statement that the
				attorney is or is not duly licensed in the State of Illinois; and the written
				signature of the attorney or representative.
e) Special appearances are not recognized.
				The initial appearance, regardless of form, is deemed a general
				appearance.
f) An attorney may
				withdraw his or her appearance and/or representation only upon motion and
				appropriate ruling by the administrative law judge. However, attorneys may be
				substituted without motion upon notice to all parties and the administrative
				law judge if the substitution will not delay the proceedings, a statement to
				that effect is contained in the notice, and a substitute appearance form is
				filed concurrently with the notice.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1060 - Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				prehearing conference may be scheduled by the administrative law judge or HFSRB
				at their discretion or as a result of a request pursuant to subsection (b) of
				this Section. This conference shall be held prior to the date of hearing and
				shall be for the purpose of considering:
1)
				the simplification of the issues;
2) amendments to the pleadings;
3) the possibility of obtaining admissions of
				fact and of documents that will avoid unnecessary proof;
4) the limitation of the number of expert
				witness; and
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1070 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) A right of
				intervention shall exist for other interested parties, including
				representatives of health planning organizations and consumer groups who
				demonstrate a relevant interest.
b)
				A person desiring to intervene shall present a Petition for Intervention
				accompanied by any pleadings or motions he proposes to file before the hearing.
				The Petition to Intervene shall be submitted to the administrative law judge
				for a determination of whether the petition should be granted.
c) In determining whether to allow
				intervention, the administrative law judge may consider whether the
				intervention will unduly delay the hearing, prejudice the rights of the
				respondent, be unduly burdensome to any party, enlarge the scope of the
				proceedings, or insert new issues into the proceedings; whether there are other
				remedies available to the petitioners; and whether there are any other factors
				that may bear upon the rights of any party.
d) An intervener shall have all the rights of
				an original party to the administrative hearing unless the administrative law
				judge in allowing intervention restricts the petitioner's right to intervene to
				certain issues in the proceedings.
e) Petition for Intervention
1) The Petition for Intervention shall
				contain:
A) the name and address of the person
				making the petition to intervene;
B) if the petitioner is represented by an
				attorney, the name and address of the attorney; and
C) a plain and concise statement setting
				forth the grounds for intervention.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1080 - Disqualification of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				  1130.1080
				  Disqualification of Administrative Law Judge Prior to the commencement of a
				  hearing, a party may file a written motion to disqualify the administrative law
				  judge supported by an affidavit setting forth the facts upon which the motion
				  is made. The administrative law judge who is the subject of a motion to
				  disqualify shall review the motion and affidavit and shall issue his or her
				  report to HFSRB. The report shall include a proposed ruling on the motion and
				  the reasons for the ruling. If HFSRB determines that bias or a conflict of
				  interest exists, it shall grant the motion and the HFSRB Chairman shall appoint
				  a new administrative law judge within 30 days after HFSRB's determination.
An adverse ruling, in and of itself, shall not constitute bias or
				  conflict of interest
[5 ILCS
				  100/10-30 ].
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1090 - Form of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
a) All papers
				filed in any proceeding, except exhibits, shall be typewritten or printed. If
				typewritten, the impression shall be on one side of the paper; long quotations
				shall be single spaced and indented. Mimeographed, multigraphed, hectographed
				and photocopied papers, and the like, will be accepted as
				typewritten.
b) All papers, except
				exhibits, shall be cut or folded so as not to exceed a width of 81/2" and a
				length of 14" and shall have inside margins not less than one inch wide.
				Whenever practical, all exhibits of a documentary character shall conform to
				these requirements.
c) All
				pleadings, written motions, or notices filed in the administrative proceeding
				shall be signed in ink by the party filing the paper or by an officer or agent
				or an attorney representing the officer or agent.
d) Pleadings, written motions, notices, and
				applications shall contain the address of the party filing the paper or, if
				represented by an attorney, the name and business address of such
				attorney.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1100 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notices under
				this Subpart shall be served either personally or by certified mail upon all
				parties or their agents appointed to receive service of process.
b) Service of pleadings or motions under this
				Part, unless otherwise provided for in this Subpart, shall be made by
				delivering in person or by depositing in the United States Mail, properly
				addressed with postage prepaid, one copy to each party to the proceeding. When
				any party or parties has appeared by attorney, service upon the attorney shall
				be deemed service upon such party or parties.
c) Proof of service under this Subpart shall
				be by certificate of attorney, affidavit or acknowledgement.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1120 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to hearing
				or at the prehearing conference, HFSRB shall provide all parties with a copy of
				HFSRB's reports relating to the Allegations of Noncompliance.
b) At least 21 days prior to the commencement
				of the hearing, each party shall provide all other parties with a copy of any
				document that it intends to offer into evidence. This subsection shall not
				require any party to again provide copies of those documents already provided
				by HFSRB under subsection (a).
c)
				At least 21 days prior to the commencement of the hearing, each party shall
				provide all other parties with a list containing the name and address of any
				witness who may be called to testify.
d) All parties shall be entitled to any
				exculpatory evidence in HFSRB's possession that tends to support the other
				party's position or that might impeach the credibility of HFSRB's
				witness.
e) Upon a written request
				by HFSRB, at any time after a notice or hearing request is filed, or at any
				stage of the hearing, the other parties shall be required to produce within
				seven days documents, books, records, or other evidence that relates directly
				to conduct of the business entity or other subject of the administrative
				hearing.
f) All parties shall be
				under a continuing obligation to promptly update requested discovery until the
				hearing is concluded without the necessity for further or additional
				requests.
g) There shall be no
				depositions for discovery purposes or interrogatories allowed in any
				proceedings brought pursuant to this Part, except as agreed to by the
				parties.
h) For good cause shown,
				including but not limited to age, infirmity, or inability to travel,
				evidentiary depositions shall be allowed, by the agreement of the parties or
				order of the administrative law judge.
i) Requests to Admit Facts and Genuineness of
				Documents shall be allowed in accordance with Supreme Court Rule 216.
j) Nothing contained in this Section shall
				preclude the parties from agreeing to the voluntary exchange of more
				information than is required.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1130 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions, unless
				made during a hearing or pre-hearing, shall be made in writing and shall set
				forth the relief or order sought and the legal authority for the action
				requested. Except as otherwise provided in this Part or by a specific statute,
				motions may seek any relief or order recognized in the Illinois Code of Civil
				Procedure and Rules of the Illinois Supreme Court, and shall include a
				reference to the applicable Section of such Code or Rules. Motions based on a
				matter that does not appear on record shall be supported by
				affidavit.
b) Written motions shall
				be titled as to the party making the motion and the nature of the relief
				sought. The title shall be in capital letters and shall be placed either below
				the caption or to the right of the caption beneath the docket number. No motion
				shall be identically titled with any other motion. Examples of properly titled
				motions: Respondent's Motion to Dismiss, Respondent's Second Motion to
				Dismiss.
c) Motions to the
				pleadings if not raised at the earliest opportunity shall be deemed waived.
				Motions to the pleadings shall not be granted if the pleadings are in
				conformity with Section
				1130.1020.
d) The administrative law judge shall not
				have the authority to dismiss, postpone, vacate, or overturn an order or notice
				issued by HFSRB, but may make a recommendation to HFSRB any time that
				circumstances merit such a recommendation.
e) Motions for a continuance shall be granted
				only for good cause shown. Motions for a continuance shall be in writing and
				filed at least 5 working days prior to the hearing. Motions for a continuance
				shall be made immediately when the party learns that a continuance is needed
				and statements as to when the party learned that a continuance was needed,
				steps that were taken to avoid the continuance, and the current reasons the
				continuance is needed shall be contained in the motion. After one continuance
				has been granted to a party additional continuances may be granted to that
				party only if:
1) a hearing on the issue of
				whether or not to grant the continuance has been held and the administrative
				law judge finds that the moving party has presented sufficient evidence showing
				entitlement to another continuance;
2) there is an emergency; or
3) all parties so stipulate.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1140 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				  1130.1140
				  Subpoenas
a) Subpoenas requiring the
				attendance and the giving of testimony by witnesses and subpoenas duces tecum
				requiring the production of books, papers, records or memoranda may be issued
				by HFSRB or the administrative law judge upon its own motion or upon the
				written request of any party to the proceeding. HFSRB or the administrative law
				judge may require the party requesting the issuance of subpoenas to demonstrate
				the relevancy of the request to the issues in the hearing. For good cause
				shown, HFSRB or the administrative law judge may deny or modify the request for
				subpoenas.
b) Subpoenas issued by
				HFSRB or the administrative law judge upon the request of a party to the
				proceeding shall be delivered to the requesting party who shall be responsible
				for serving the subpoenas. Subpoenas shall be served personally or by certified
				mail.
c) The witness fee for
				attendance and travel shall be the same as the fee of the witness before the
				Circuit Courts of this State. When a witness is subpoenaed by HFSRB or hearing
				officer upon its own motion or upon the request of HFSRB staff, the witness fee
				shall be paid in the same manner as other expenses of the agency.
d) Subpoenas shall be enforced in the same
				manner as subpoenas issued by the Circuit Courts of this State.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1150 - Administrative Law Judge's Report and Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the conclusion of an administrative
				hearing, the administrative law judge shall make a written report of the
				hearing, with findings of fact and conclusions of law and his or her
				recommendations, if any, to HFSRB through the HFSRB Administrator. The report
				shall be accompanied by a transcript of the record, all exhibits admitted into
				evidence, copies of all pleadings and documents or evidence made a part of the
				record and any other material that is deemed to be a part of the
				record.
b) The administrative law
				judge shall render a report as promptly as possible. The administrative law
				judge shall take actions necessary to ensure that the hearing is completed
				within a reasonable period of time, which shall not exceed 120 days, except for
				delays or continuances agreed to by the person requesting the hearing (see
				Section 10 of the Act).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1170 - Final Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) On the
				basis of the hearing or upon default of the party to the hearing, HFSRB shall
				make its final decision in each case, supported by concise written findings of
				fact and appropriate conclusions of law. The decision and supporting findings
				of fact and conclusions of law shall be made a part of the official record of
				each hearing.
b) A copy of HFSRB's
				decision shall be sent by Certified Mail or personally served upon all the
				parties.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1180 - Records of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A full
				and complete record shall be kept of all proceedings. The record shall consist
				of the following:
1) all pleadings (including
				all notices and responses to pleadings), motions, and rulings;
2) a transcript of the hearing, if any, and
				all evidence received;
3) a
				statement of matters officially noticed;
4) offers of proof, objections and rulings on
				those matters;
5) proposed findings
				and exceptions;
6) any decision,
				opinion or report by the administrative law judge;
7) all staff memoranda or data submitted to
				the administrative law judge or members of the agency in connection with their
				consideration of the case; and
8)
				any communication determined to be ex parte, but such communications shall not
				form the basis for any finding of fact. (See
				20 ILCS
				3960/4.2.)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1190 - Miscellaneous

Current through Register Vol. 48, No. 28, July 12, 2024
a) Computation of
				Time. The time within which any act under this Part is to be done shall be
				computed by excluding the first day and including the last, unless the last day
				is a Saturday, Sunday, or a holiday as defined or fixed by State statute, and
				then it shall also be excluded. If the day succeeding the last day is a
				Saturday, Sunday or holiday, then the succeeding day shall also be
				excluded.
b) Construction of Rules.
				This Part shall not be construed to abrogate, modify, or limit any rights,
				privileges, or immunities granted or protected by the Constitution or laws of
				the United States or the Constitution or laws of the State of Illinois. In
case of any conflict between this Part and the IAPA or a
				  specific licensing statute, the terms of the latter shall control.
c) Waiver. Compliance with any of
				this Part or with any or all provisions of the IAPA regarding contested cases
				may be waived by written stipulation of all parties.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Section 1130.1200 - Copies of Pleadings to be Filed

Current through Register Vol. 48, No. 28, July 12, 2024
Under this Part, the parties shall file answers, amendments,
				  motions, and affidavits in support of
Motions, together with proof of service on all parties to the
				  proceedings or their attorneys.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart J - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Appendix A - Capital Expenditure Minimums/Review Thresholds

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with P.A. 96-31, the following capital
				  expenditure minimums/review thresholds become effective July 1, 2015. These
				  thresholds were adjusted by 2.5 % in accordance with P.A. 96-31. The source for
				  the increases is RS Means.
Capital Expenditure (Hospitals)
$12,797,313
Capital Expenditure (Long-Term Care)
$7,233,262
Capital Expenditure (All Other
							 Applicants)
$3,338,430
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1170 - CRITERIA AND PROCEDURE FOR RECOGNITION OF AREAWIDE HEALTH PLANNING ORGANIZATIONS FOR HEALTH FACILITIES PLANNING (REPEALED) › Section 1170.30 - Responsibilities of the Areawide Health Planning Agencies and the Local Health Planning Organizations (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1170 - CRITERIA AND PROCEDURE FOR RECOGNITION OF AREAWIDE HEALTH PLANNING ORGANIZATIONS FOR HEALTH FACILITIES PLANNING (REPEALED) › Section 1170.40 - Application for a Certificate of Recognition for an Areawide Health Planning Organization for Health Facilities Planning (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart A - AUTHORITY, PUBLIC HEARINGS, PURPOSE AND DEFINITIONS › Section 1235.10 - 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 (State Board or Board) under the
				  Illinois Health Facilities Planning Act (Planning Act) [ 20 ILCS 3960 ] and
				  under the Health Care Worker Self-Referral Act [ 225 ILCS 47
				  ].
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart A - AUTHORITY, PUBLIC HEARINGS, PURPOSE AND DEFINITIONS › Section 1235.30 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The General Assembly recognizes that patient
				  referrals by health care workers for health services to an entity in which the
				  referring health care worker has an investment interest may present a potential
				  conflict of interest. It is the intent of the General Assembly to provide
				  guidance to health care workers regarding acceptable patient referrals, to
				  prohibit patient referrals to entities providing health services in which the
				  referring health care worker has an investment interest, and to protect the
				  citizens of Illinois from unnecessary and costly health care expenditures. It
				  is not the intent of the General Assembly to limit appropriate delivery of
				  care, nor force unnecessary changes in the structures created by workers for
				  the health and convenience of their patients.
[
				  225 ILCS 47/5
				  ]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart A - AUTHORITY, PUBLIC HEARINGS, PURPOSE AND DEFINITIONS › Section 1235.40 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The Health Care Worker Self-Referral Act applies
to
				  referrals for health services made on or after January 1, 1993. However, if a
				  health care worker acquired an investment interest before July 1, 1992, the Act
				  shall not apply to referrals made for health services before January 1,
				  1996.
[
				  225 ILCS 47/10
				  ]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart B - REFERRALS › Section 1235.100 - Prohibited Referrals

Current through Register Vol. 48, No. 28, July 12, 2024
The following patient referrals are prohibited under the
				  Act:
a) patient referrals
to an
				entity outside the health care worker's office or group practice in which the
				health care worker is an investor, unless:
1)
the health care worker directly
				provides health services within the entity and will be personally involved with
				the provision of care to the referred patient
[
				225 ILCS
				47/20(a) ]; or
2) the State Board approves an exception
				pursuant to Section
				1235.200;
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart B - REFERRALS › Section 1235.110 - Allowable Referrals

Current through Register Vol. 48, No. 28, July 12, 2024
All patient referrals other than those prohibited by Section
				  1235.100 are
				  allowable under the Act. In addition,
a health care worker may refer a
				  patient who is a member of a health maintenance organization (HMO) licensed in
				  this State for health services to an entity, outside the health care worker's
				  office or group practice, in which the health care worker is an investor,
				  provided that any such referral is made pursuant to a contract with the
				  HMO.
[
				  225 ILCS
				  47/20(h) ]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart C - COMMUNITY NEED EXCEPTION › Section 1235.200 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
One of the stated goals of the Act is to
prohibit
				  patient referrals to entities providing health services in which the referring
				  health care worker has an investment interest
. [
				  225 ILCS 47/5
				  ] This provision can be tempered through the use of an exception for community
				  need. A community need can be segmented into two principal components: need for
				  a particular service and the existence and availability of alternative
				  financing. An applicant for a community need exception must document compliance
				  with both principal components.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart C - COMMUNITY NEED EXCEPTION › Section 1235.210 - Community Need

Current through Register Vol. 48, No. 28, July 12, 2024
a) A health care
				worker may invest in, and refer to, an entity if the State Board determines
				that:
1) in a referral arrangement,
				alternative financing does not exist; and
2) a demonstrated need for the service is
				present in the community.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart C - COMMUNITY NEED EXCEPTION › Section 1235.220 - Alternative Financing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A health
				care worker may invest in and refer to an entity if the State Board determines
				a demonstrated community need exists and alternative financing is not, or was
				not, available.
b) The health care
				worker must document that:
1)
individuals who are not in a position to refer patients to an entity
				are or were given a bona fide opportunity to also invest in the entity on the
				same terms as those offered a referring health care worker
[
				225 ILCS
				47/20(b)(1) ]; and
2) the investment was not
				forthcoming.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart C - COMMUNITY NEED EXCEPTION › Section 1235.230 - Assurances

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to documenting compliance with Sections
				  1235.210 and
				  1235.220, a
				  health care worker must document compliance with the assurances and conditions
				  of this Section. Documentation shall consist of a written profile demonstrating
				  how compliance will occur and copies of all supporting documentation.
				  Assurances and conditions are that:
a)
no health care worker who invests shall be required or encouraged to
				make referrals to the entity or otherwise generate business as a condition of
				becoming or remaining an investor;
b)
the entity shall market or furnish
				its services to referring health care worker investors and other investors on
				equal terms;
c)
the entity shall not loan funds or guarantee any loans for health care
				workers who are in a position to refer to an entity;
d)
the income on the health care
				worker's investment shall be tied to the health care worker's equity in the
				facility, rather than to the volume of referrals made;
e)
any investment contract between
				the entity and the health care worker shall not include any covenant or
				non-competition clause that prevents a health care worker from investing in
				other entities;
f)
when making a referral, a health care worker must disclose
his
				or her
investment interest in an entity to the patient being referred
				to
that
entity. If alternative facilities are reasonably
				available, the health care worker must provide the patient with a list of
				alternative facilities. The health care worker shall inform patients that they
				have the option to use an alternative facility other than one in which the
				health care worker has an investment interest. The patient will not be treated
				differently by the health care worker if the patient chooses to use another
				entity. This shall be applicable to all health care worker investors, including
				those who provide direct care or services for their patients in entities
				outside their office practices;
g)
if a third party payer requests
				information with regard to a health care worker's investment interest, the same
				shall be disclosed;
h)
the entity shall establish an internal utilization review program to
				ensure that investing health care workers provided appropriate or necessary
				utilization;
i)
if
				a health care worker's financial interest in an entity is incompatible with a
				referred patient's interest, the health care worker shall make alternative
				arrangements for the patient's care
[
				225 ILCS
				47/20(b)(2) through (10) ];
				and
j) all documentation required
				by the State Board to confirm that all assurances have been met will be
				provided upon request for a period of two years following exception
				issuance.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart C - COMMUNITY NEED EXCEPTION › Section 1235.240 - Application for Exception - Completeness Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each application for exception must be
				submitted to the State Board in writing at 525 W. Jefferson Street,
				2nd Floor, Springfield IL 62761.
b) The application must contain the following
				information in order to be complete:
1) The
				name and identifying information of the health care worker requesting the
				exception;
2) The information and
				documentation regarding community need required in Section
				1235.210;
3) The information and documentation
				regarding alternative financing required in Section
				1235.220;
4) Documentation of the assurances required
				in Section
				1235.230;
5) Certification and notarized signature of
				the applicant health care worker that the information and documentation
				contained in the application for exception is true and correct to the best of
				his or her information and belief.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart C - COMMUNITY NEED EXCEPTION › Section 1235.250 - Application for Exception - State Board Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State Board shall approve or deny an
				application for exception within 90 days from the date on which the application
				was deemed complete. Failure to act on an application within the 90 day review
				period,
shall mean that no alternative is practical based upon the
				facts set forth in the completed
application and shall constitute
				approval of the application. [
				225 ILCS
				47/20(b) ]
b) During the course of review, the State
				Board may request supplemental information from the health care worker. The
				State Board may, within the 90 day review period, defer action on the
				application until the supplemental information has been received.
c) Action taken by the State Board on an
				application for exception shall constitute a final administrative decision
				subject to the provisions of the Administrative Review Law [ 735 ILCS 5 /Art.
				III].
d) Pursuant to an approved
				application for exception, a health care worker may invest in, and refer
				patients to, the specific entity identified in the application, whether or not
				the health care worker provides direct services within that entity, based upon
				his or her having demonstrated community need for the entity and the
				unavailability of alternative financing.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1235 - HEALTH CARE WORKER SELF-REFERRAL › Subpart D - STATE BOARD ADVISORY OPINIONS › Section 1235.300 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
Health care workers may request an advisory opinion from the
				  State Board regarding whether a referral to an existing or proposed entity does
				  or does not violate the provisions of the Self-Referral Act. Such a request
				  must involve an entity with which the health care worker currently has or
				  anticipates to have a financial involvement.