Current through Register Vol. 48, No. 12, March 22, 2024
a)
Applicability
1) Permit holders shall report
all alterations to HFSRB before executing the alteration. Some proposed
alterations require HFSRB approval and some are prohibited. Proposed
alterations that are not cited under these two categories require only written
notification to HFSRB prior to execution.
2) Any change after the permit is issued may
constitute an alteration. Permit holders shall report all alterations to HFSRB
before the alteration is executed.
3) The alteration requirements are applicable
only to projects with open permits (approved projects that are not yet
completed).
4) Alteration
provisions are valid only for the projects defined and approved in the
permit.
5) A project with a permit
can be altered any time between the date of permit issuance and project
completion.
6) All alterations
requiring HFSRB action shall be reviewed and approved on a cumulative basis.
More than one alteration can be reviewed and approved during the life of a
project; however, the limits on alterations shall be applied cumulatively for a
single permit.
b) Limits
on Allowable Alterations Requiring HFSRB Approval
The cumulative effect of alterations to a project shall not
exceed the following:
1) a change in
the approved number of beds or stations, provided that the change would not
independently require a permit or exemption from HFSRB;
2) abandonment of an approved category of
service established under the permit;
3) any increase in the square footage of the
project up to 5% of the approved gross square footage;
4) any decrease in square footage greater
than 5% of the project;
5) any
increase in the cost of the project not to exceed 7% of the total project cost.
This alteration may exceed the capital expenditure minimum in place when the
permit was issued, provided that it does not exceed 7% of the total project
cost;
6) any increase in the amount
of funds to be borrowed for those permit holders that have not documented a
bond rating of "A-" or better from Fitch's or Standard and Poor's rating
agencies, or A3 or better from Moody's (the rating shall be affirmed within the
latest 18 month period prior to the submittal of the application).
c) Prohibited Alterations
Notwithstanding the provisions of subsection (b), the
following alterations are not allowed and, if incurred, invalidate the
permit:
1) an increase in the total
project cost that exceeds 7% of the permit amount;
2) an increase in the project's gross square
footage that exceeds 5% of the project's approved gross square footage, unless
that increase is required or mandated by local, State or federal building or
life safety requirements that were not in effect at the time of permit
issuance;
3) any other change in
the project's scope or funding that would independently require a CON permit or
exemption.
d) Alteration
Procedures
1) Written Notification
A) The permit holder shall notify HFSRB in
writing of any alteration to a project. The notice shall include a description
of the alteration and related costs (if any) and shall address all applicable
review criteria related to the alteration if the alteration requires HFSRB
approval. HFSRB staff shall review the alteration request for compliance with
the review criteria and submit its findings to HFSRB. If additional information
is needed by HFSRB staff to perform a review of the request, the permit holder
shall be notified.
B) All
alteration requests shall be submitted to the State Board in writing on
8½" by 11" paper.
C) All
alteration requests shall be submitted within the allowable time frames
established in subsection (a)(1) and shall be sent only by any recognized
overnight courier or personal delivery service.
D) Alteration requests submitted by email or
fax will not be accepted.
2) Compliance with 77 Ill. Adm. Code 1110 and
1120
A request for alteration reviewed by HFSRB is subject to the
provisions of 77 Ill. Adm. Code 1110 and 1120 that are applicable to the
individual project. The components and any other proposed alterations to a
project that would, when taken as a separate component, require a permit under
the Act shall not be subject to review under this Section but shall require a
new application for a permit.
3) HFSRB Staff Review
HFSRB staff shall review the alteration request for
compliance with the review criteria, and prepare a report of its findings for
HFSRB review. HFSRB will notify the permit holder if additional information is
needed to review the request.
4) Board Review and Action
A) The alteration request, HFSRB staff
findings, and all related documentation shall be sent to the Chairman if:
i) staff review determines that the
alteration request is in conformance with all HFSRB criteria; and
ii) this is the first alteration request for
the project.
B) The
Chairman, acting on behalf of HFSRB, shall approve or deny the request or refer
the request to the full Board for consideration and action. Other conditions
under which the alteration request shall be referred to the full Board for
consideration and action are as follows:
i)
the request is not in conformance with all HFSRB criteria; or
ii) the request is not the first one for an
alteration concerning the project in question.
C) The number of affirmative votes required
for approval of an alteration request is specified in the Act. The approval or
denial of a request for alteration constitutes HFSRB's final administrative
decision.
5) Inventory
and Permit Amount Adjustments
Upon approving a request for alteration, HFSRB will revise
the permit to reflect the alteration and shall adjust all inventories
accordingly. If a permit holder reduces the scope or size of the project, the
permit amount shall be reduced accordingly.
6) Notification of Decision to Applicant
HFSRB staff shall submit to the permit holder that submitted
a request for an alteration a written notice of HFSRB's decision.
7) Applicable Penalties
Any alteration undertaken without prior HFSRB notice or
notice and approval (when required) shall be considered a violation of the Act
and/or subsection (a)(1) of this Section and shall subject the permit or
exemption holder to fines, permit revocation, and the penalties and sanctions
mandated in the Act (see
20
ILCS 3960/14.1 ) and in Section
1130.790.