Current through Register Vol. 48, No. 12, March 22, 2024
a) HFSRB staff
shall charge and collect an amount determined by HFSRB
and its staff to be reasonable fees for processing of
the applications by HFSRB. HFSRB shall set amounts by
rule (see subsection (h)). Application fees for continuing
care retirement communities and other health care models that include regulated
and unregulated components shall apply only to those components subject to
regulation under the Act. All fees and fines collected under the Act shall be
deposited into the Illinois Health Facilities Planning Fund to be used for the
expenses of administering the Act. [20
ILCS 3960/12.2 ]
b) A fee shall be assessed on all matters
requiring an application-processing fee (as detailed in other Sections of this
Part), except for the following:
1) projects
classified as emergency; or
2)
projects that are not subject to a fee in accordance with the provisions of
Subpart E.
c) Fee
payment shall be by check or money order made payable to the Illinois
Department of Public Health.
d) Any
matter requiring an application processing fee shall be declared null and void
if payment of the total fee has not been received by HFSRB staff within 30 days
after notice of the amount due has been received by an applicant or person
requesting action from HFSRB.
e) No
action shall be taken by HFSRB on any matter requiring an application
processing fee for which the total required fee has not been
received.
f) Fee payments are not
refundable and may be recovered in full or in part only by petitioning the
Illinois Court of Claims for recovery.
g) Appeal of any required fee amount is to be
made to HFSRB, pursuant to Section
1130.810.
h) Types of Fees
1) Exemption Application Processing Fee
The exemption application processing fee shall be
$2,500.
2) CON Permit
Application Processing Fee
A) All applicants,
except those with projects that are not subject to a fee, are required to
submit an application processing fee. An initial fee deposit of $2,500 shall
accompany each application for permit submitted to HFSRB. When an application
is deemed complete, the full amount of the fee shall be determined.
B) HFSRB staff shall charge and
collect an amount determined by the State Board and the staff to be reasonable
fees for the processing of applications by the State Board. Application fees
for continuing care retirement communities and other health care models that
include regulated and unregulated components shall apply only to those
components subject to regulation under the Act. [20
ILCS 3960/12.2 ]
C) Following the determination of estimated
total project costs, the CON application processing fees are calculated as
follows. For each project having a total estimated project cost of:
i) less than $1,250,000, the application fee
shall be $2,500;
ii) at or above
$1,250,000, the application fee shall be 0.22 % of the project costs.
D) The maximum application fee
shall not exceed $100,000.
E) Once
an application is deemed complete, written notice for any additional fee
balance due will be sent to the applicant. Applications shall be declared null
and void if the total application fee has not been paid within 30 days after
receipt of notice.
3)
Modification of an Application for Permit
A)
If a modification of an application for permit results in an increase in the
total estimated project cost, the application processing fee shall be
recalculated on the basis of the revised estimated project cost. This Section
is applicable with respect to any additional fees required for a modified
application.
B) If a modification
results in the need for an additional notification of opportunity for public
hearing, then an additional fee of $2,000 will be assessed.
4) Request for Extension of
Financial Commitment
A) A request for
extension shall be assessed a $500 application-processing fee and is subject to
the requirements of this subsection (h).
B) A request for extension that HFSRB
receives less than 45 days prior to the permit financial commitment date shall
be subject to an additional $500 late application-processing fee.
C) HFSRB will not process an extension
request until it receives the application-processing fee.
5) Permit Renewal
A permit renewal request shall be assessed a $500
application-processing fee and is subject to the requirements of this
subsection (h). Permit renewal requests that are not received at least 45 days
prior to the expiration date of the permit shall be subject to an additional
$500 late application-processing fee. HFSRB will not process a permit renewal
request until it receives the application-processing fee. Any renewal request
HFSRB receives after the completion date is subject to the fines provided in
the Act.
6) Post-Permit
Alterations
A) An alteration request shall be
assessed an application processing fee of $1,000 and is subject to the
requirements of this Section.
B) If
HFSRB does not receive the alteration request at least 45 days before the
permit expires, the application will be assessed an additional $500 late
application-processing fee.
C) An
alteration request will not be processed until HFSRB receives the
application-processing fee. Any alteration request received after the
completion date is subject to the fines provided in the Section
14.1 of the Act and
Section
1130.790.
7) Relinquishment of a Permit or
Exemption
A) Any relinquishment undertaken
without prior HFSRB approval shall be considered a violation of the Act and
shall be subject to the sanctions and penalties in the Act and in Section
1130.790.
B) A request for
relinquishment shall be assessed an application processing fee of
$1,000.