HB 5429

Abstract

Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter. House Floor Amendment No. 1 Adds reference to: 210 ILCS 45/3-202.5 210 ILCS 46/3-202.5 210 ILCS 47/3-202.5 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Amends the Assisted Living and Shared Housing Act. Provides that the Department of Public Health shall adopt rules for determining whether a construction, alteration, or addition is subject to the submission requirements of the Act. Provides that the Department shall not review a submission under the Act until the required fee, if any, is paid. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 45 day review period (instead of a 60 day review period). Provides that the Department shall have 45 days after the date a submission is deemed complete to determine if a submission is approved or disapproved (instead of 60 days). Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 45 days, the construction, alteration, or additions shall be deemed approved (instead of 60 days). Provides that, upon submission of additional materials where an initial submission was deemed incomplete, or upon a reconsideration request, the Department shall approve or disapprove the submission by final decision within 30 days after the date of receipt of the additional materials or reconsideration request (instead of 45 days). Provides for an updated fee structure for reviews conducted under the provision. Provides that an establishment that has made an alteration to their establishment under the provisions shall not be occupied until the Department provides written approval for occupancy to the owner or operator within 10 business days after the Department's final inspection. Provides that the amendatory Act does not apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add units or services over the number for which the establishment is licensed, and provides a reasonable degree of safety for the residents. Makes conforming changes in the Nursing Home Care Act, MC/DD Act, and ID/DD Community Care Act.