{"data":{"id":"us-il/20-ilcs-3960-13","jurisdiction":"us-il","citation":"20 ILCS 3960/13","heading":"Investigation of applications for permits.","body":"(Text of Section from P.A. 100-957)\n(Section scheduled to be repealed on December 31, 2029)\nThe State Board shall make or cause to be made such investigations as it deems necessary in connection with an application for a permit, or in connection with a determination of whether or not construction or modification that has been commenced is in accord with the permit issued by the State Board, or whether construction or modification has been commenced without a permit having been obtained. The State Board may issue subpoenas duces tecum requiring the production of records and may administer oaths to such witnesses.\nAny circuit court of this State, upon the application of the State Board or upon the application of any party to such proceedings, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the State Board, by a proceeding as for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court.\nThe State Board shall require all health facilities operating in this State to provide such reasonable reports at such times and containing such information as is needed by it to carry out the purposes and provisions of this Act. Prior to collecting information from health facilities, the State Board shall make reasonable efforts through a public process to consult with health facilities and associations that represent them to determine whether data and information requests will result in useful information for health planning, whether sufficient information is available from other sources, and whether data requested is routinely collected by health facilities and is available without retrospective record review. Data and information requests shall not impose undue paperwork burdens on health care facilities and personnel. Health facilities not complying with this requirement shall be reported to licensing, accrediting, certifying, or payment agencies as being in violation of State law. Health care facilities and other parties at interest shall have reasonable access, under rules established by the State Board, to all planning information submitted in accord with this Act pertaining to their area.\nAmong the reports to be required by the State Board are facility questionnaires for health care facilities licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, the Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013 and health care facilities that are required to meet the requirements of 42 CFR 494 in order to be certified for participation in Medicare and Medicaid under Titles XVIII and XIX of the federal Social Security Act. These questionnaires shall be conducted on an annual basis and compiled by the State Board. For health care facilities licensed under the Nursing Home Care Act or the Specialized Mental Health Rehabilitation Act of 2013, these reports shall include, but not be limited to, the identification of specialty services provided by the facility to patients, residents, and the community at large. Annual reports for facilities licensed under the ID/DD Community Care Act and facilities licensed under the MC/DD Act shall be different from the annual reports required of other health care facilities and shall be specific to those facilities licensed under the ID/DD Community Care Act or the MC/DD Act. The Health Facilities and Services Review Board shall consult with associations representing facilities licensed under the ID/DD Community Care Act and associations representing facilities licensed under the MC/DD Act when developing the information requested in these annual reports. For health care facilities that contain long term care beds, the reports shall also include the number of staffed long term care beds, physical capacity for long term care beds at the facility, and long term care beds available for immediate occupancy. For purposes of this paragraph, \"long term care beds\" means beds (i) licensed under the Nursing Home Care Act, (ii) licensed under the ID/DD Community Care Act, (iii) licensed under the MC/DD Act, (iv) licensed under the Hospital Licensing Act, or (v) licensed under the Specialized Mental Health Rehabilitation Act of 2013 and certified as skilled nursing or nursing facility beds under Medicaid or Medicare.\n(Text of Section from P.A. 104-470)\n(Section scheduled to be repealed on December 31, 2029)\nInvestigation of applications for permits.\n(a) Investigations. The State Board shall make or cause to be made such investigations as it deems necessary in connection with an application for a permit, or in connection with a determination of whether or not construction or modification that has been commenced is in accord with the permit issued by the State Board, or whether construction or modification has been commenced without a permit having been obtained. The State Board may issue subpoenas duces tecum requiring the production of records and may administer oaths to such witnesses.\nAny circuit court of this State, upon the application of the State Board or upon the application of any party to such proceedings, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the State Board, by a proceeding as for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court.\n(b) Reports from health facilities. The State Board shall require all health facilities operating in this State to provide such reasonable reports at such times and containing such information as is needed by it to carry out the purposes and provisions of this Act. Prior to collecting information from health facilities, the State Board shall make reasonable efforts through a public process to consult with health facilities and associations that represent them to determine whether data and information requests will result in useful information for health planning, whether sufficient information is available from other sources, and whether data requested is routinely collected by health facilities and is available without retrospective record review. Data and information requests shall not impose undue paperwork burdens on health care facilities and personnel. Health facilities not complying with this requirement shall be reported to licensing, accrediting, certifying, or payment agencies as being in violation of State law. Health care facilities and other parties at interest shall have reasonable access, under rules established by the State Board, to all planning information submitted in accord with this Act pertaining to their area.\n(1) Questionnaires. Among the reports to be required by the State Board are facility questionnaires for health care facilities licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, the Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013 and health care facilities that are required to meet the requirements of 42 CFR 494 in order to be certified for participation in Medicare and Medicaid under Titles XVIII and XIX of the federal Social Security Act. These questionnaires shall be conducted on an annual basis and compiled by the State Board. For health care facilities licensed under the Nursing Home Care Act or the Specialized Mental Health Rehabilitation Act of 2013, these reports shall include, but not be limited to, the identification of specialty services provided by the facility to patients, residents, and the community at large. Annual reports for facilities licensed under the ID/DD Community Care Act and facilities licensed under the MC/DD Act shall be different from the annual reports required of other health care facilities and shall be specific to those facilities licensed under the ID/DD Community Care Act or the MC/DD Act. The Health Facilities and Services Review Board shall consult with associations representing facilities licensed under the ID/DD Community Care Act and associations representing facilities licensed under the MC/DD Act when developing the information requested in these annual reports. For health care facilities that contain long term care beds, the reports shall also include the number of staffed long term care beds, physical capacity for long term care beds at the facility, and long term care beds available for immediate occupancy. For purposes of this paragraph, \"long term care beds\" means beds (i) licensed under the Nursing Home Care Act, (ii) licensed under the ID/DD Community Care Act, (iii) licensed under the MC/DD Act, (iv) licensed under the Hospital Licensing Act, or (v) licensed under the Specialized Mental Health Rehabilitation Act of 2013 and certified as skilled nursing or nursing facility beds under Medicaid or Medicare.\nFor health care facilities licensed under the Hospital Licensing Act, the health care facilities operating in this State shall report the following financial and utilization data annually: (i) the most recent audited financial statements; (ii) the most recent month-end balance sheet detailing the assets, liabilities, and net worth at the end of the month immediately preceding the annual reporting cycle; (iii) the most recent income statement for the month immediately preceding the annual reporting cycle summarizing the revenues, expenses, and net income; (iv) the total number of inpatient days, outpatient visits, and discharges by payer, including, but not limited to, Medicare, Medicaid fee-for-service, Medicaid managed care, commercial coverage, and other payers; (v) the total inpatient gross revenues by payer, including, but not limited to, Medicare, Medicaid fee-for-service, Medicaid managed care, commercial coverage, and other payers; and (vi) the total outpatient gross revenues by payer, including, but not limited to, Medicare, Medicaid fee-for-service, Medicaid managed care, commercial coverage, and other payers. The transmission of the financial and utilization data shall be due to the State Board within 90 days after the effective date of this amendatory Act of the 104th General Assembly, and thereafter, the data shall be due annually on the regular schedule set by the State Board for questionnaires. The State Board, in coordination with the Department of Healthcare and Family Services and the Department of Public Health, shall administer the collection of the financial and utilization data submitted under this Section. The State Board may adopt any administrative rules, including emergency rules, necessary to implement this Section, including requesting additional information or removing information from the reporting requirements. If a health care facility has not filed the required financial and utilization data within 90 days after the close of the annual reporting period, the State Board shall impose fines of not more than $5,000 per week for failure to comply with the provisions of this Section.\n(2) Confidentiality.\n(A) The State Board shall keep confidential the annual summary financial and utilization data report submitted under this Section and all information in the report as required by this Section. The financial and utilization data shall remain confidential, is not subject to subpoena, is not subject to discovery or admissible as evidence in private civil litigation, is not subject to disclosure under the Freedom of Information Act, and must not be made public at any time or used by the State Board or any other person, except as provided in subparagraphs (B), (D), and (E) of this paragraph (2).\n(B) Notwithstanding subparagraph (A), the State Board may:\n(i) share the financial and utilization data submitted under this Section with other State agencies;\n(ii) share the financial and utilization data submitted under this Section with third-party vendors or contractors of a State agency, federal regulatory agencies, or law enforcement authorities, if the recipient agrees to and verifies in writing its legal authority to maintain the confidentiality and privileged status of the financial and utilization data;\n(iii) enter into agreements governing the sharing and use of information consistent with this Section.\n(C) Disclosure of the financial and utilization data to the State Board and by the State Board under this Section does not waive any applicable privilege or claim of confidentiality in the report or information.\n(D) Notwithstanding the confidentiality requirements of this Section or otherwise imposed by State law, relevant State agencies may make public financial and utilization data submitted under this Section in an aggregated format that does not disclose information or data attributed to any specific facility.\n(E) Notwithstanding the confidentiality requirements of this Section, a State agency may disclose the financial and utilization data submitted under this Section with the written consent of the hospital that submitted the report.\n(Text of Section from P.A. 104-557)\n(Section scheduled to be repealed on December 31, 2029)\nReview and investigation of applications for permits. The State Board and State Board employees shall make or cause to be made such a review of all submitted applications or investigations as it deems necessary in connection with an application for a permit or exemption, or in connection with a determination of whether or not a project or transaction that has been commenced is in accord with the exemption or permit issued by the State Board, or whether a project or transaction has been commenced without a permit or exemption having been obtained. The State Board may issue subpoenas duces tecum requiring the production of records and may administer oaths to such witnesses.\nAny circuit court of this State, upon the application of the State Board or upon the application of any proper party to such proceedings, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the State Board, by a proceeding as for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court.\nThe State Board shall require all health facilities operating in this State to provide such reasonable reports at such times and containing such information as is needed by it to carry out the purposes and provisions of this Act. Prior to collecting information from health facilities, the State Board shall make reasonable efforts through a public process to consult with health facilities and associations that represent them to determine whether data and information requests will result in useful information for health planning, whether sufficient information is available from other sources, and whether data requested is routinely collected by health facilities and is available without retrospective record review. Data and information requests shall not impose undue paperwork burdens on health care facilities and personnel. Health facilities not complying with this requirement shall be reported to licensing, accrediting, certifying, or payment agencies as being in violation of State law. Health care facilities and other parties at interest shall have reasonable access, under rules established by the State Board, to all planning information submitted in accord with this Act pertaining to their area.\nAmong the reports to be required by the State Board are facility questionnaires for health care facilities licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, the Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013 and health care facilities that are required to meet the requirements of 42 CFR 494 in order to be certified for participation in Medicare and Medicaid under Titles XVIII and XIX of the federal Social Security Act. These questionnaires shall be conducted on an annual basis and compiled by the State Board. For health care facilities licensed under the Nursing Home Care Act or the Specialized Mental Health Rehabilitation Act of 2013, these reports shall include, but not be limited to, the identification of specialty services provided by the facility to patients, residents, and the community at large. Annual reports for facilities licensed under the ID/DD Community Care Act and facilities licensed under the MC/DD Act shall be different from the annual reports required of other health care facilities and shall be specific to those facilities licensed under the ID/DD Community Care Act or the MC/DD Act. The Health Facilities and Services Review Board shall consult with associations representing facilities licensed under the ID/DD Community Care Act and associations representing facilities licensed under the MC/DD Act when developing the information requested in these annual reports. For health care facilities that contain long term care beds, the reports shall also include the number of staffed long term care beds, physical capacity for long term care beds at the facility, and long term care beds available for immediate occupancy. For purposes of this paragraph, \"long term care beds\" means beds (i) licensed under the Nursing Home Care Act, (ii) licensed under the ID/DD Community Care Act, (iii) licensed under the MC/DD Act, (iv) licensed under the Hospital Licensing Act, or (v) licensed under the Specialized Mental Health Rehabilitation Act of 2013 and certified as skilled nursing or nursing facility beds under Medicaid or Medicare.","path":["CHAPTER 20 EXECUTIVE BRANCH","Illinois Health Facilities Planning Act."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=407\u0026ChapterID=5\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:16Z","sha256":"ee67d9f332e39c8c32c1a01ca2270b83a4d0c55ee6df3914e627d00465dd8f0f","source_id":"us-il","stale":false,"prev":"us-il/20-ilcs-3960-12.5","next":"us-il/20-ilcs-3960-13.1"},"notice":"GroundRules: Original legal text. Not legal advice."}