June 16, 2010
The Illinois Health
Facilities and Services Review Board (board), formerly
known as the Health Facilities Planning Board, is
authorized to establish a procedure that requires a
person or entity establishing, constructing or modifying
a healthcare facility to obtain a certificate of need
(CON) permit before initiating the proposed project.
On March 1, 2010, the
board's membership changed once again, growing from five
to nine members. The new members will likely add more
uncertainty to a process already considered
unpredictable and incomprehensible to a casual observer.
CON applicants must consider the background and
particular interests of each board member. Understanding
the issues that motivate a specific board member will
not guarantee the approval of a CON permit application,
but knowing this information will enhance an applicant's
ability to gain project approval.
The increased membership
is just one component of a CON reform law adopted by the
Illinois legislature last year (S.B. 1905, Public Act
93-41). Several other important provisions were adopted
and now impact the CON process. Furthermore, the board
has pending rules that will likely affect some or all of
the provider groups subject to CON.
- An update on the
Illinois Department of Public Health's efforts to
create the new Center for Comprehensive Health
Planning, which will establish a statewide
comprehensive health plan and provide technical
assistance to the CON process. The board is required
to apply the findings of the Comprehensive Health
Plan in its review of CON applications.
- A discussion of the
expanded definition of "healthcare facilities"
subject to the CON process.
- The effect of
revised capital expenditure minimums. The new
threshold is $11,500,000 for hospitals, $6,500,000
for skilled and intermediate long-term care
facilities, and $3,000,000 for all other applicants
(such as surgery centers and dialysis facilities).
- The need to include
a Safety Net Impact Statement in certain CON permit
applications and how to determine what should be
included in the statement. Except for skilled and
intermediate long-term care facilities, all CON
applicants must provide a Safety Net Impact
Statement in substantive applications, or when the
applicant is requesting the discontinuation of a
category of service.
- The status of the
Health Services Review Board Long-Term Care Facility
Advisory Subcommittee, established to develop and
recommend rules to the board. The new rules to be
recommended by this subcommittee are to be filed by
Sept. 1, 2010.
- Pending rules.
New CON application