Section 1125.140 Definitions

Section 1125.140  Definitions

"Act" means the Illinois

Health Facilities Planning Act [20 ILCS 3960].

"Adverse Action" means a

disciplinary action taken by Department of Public Health, Centers for Medicare

and Medicaid Services (CMMS), or any other State or federal agency against a

person or entity that owns and/or operates a licensed or Medicare or Medicaid

certified LTC facility in the State of Illinois. These actions include, but are

not limited to, all Type A and Type AA violations.  As defined in Section 1-129

of the Nursing Home Care Act [210 ILCS 45]

, a "Type A violation"

means a violation of

the

Act or of the rules promulgated thereunder

which creates a condition or occurrence relating to the operation and

maintenance of a facility that creates a substantial probability that the risk

of death or serious mental or physical harm to a resident will result therefrom

or has resulted in actual physical or mental harm to a resident.

As

defined in Section 1-128.5 of the Nursing Home Care Act,

a "Type AA

violation" means a violation of

the

Act or of the rules promulgated

thereunder which creates a condition or occurrence relating to the operation

and maintenance of a facility that proximately caused a resident's death.

"Agency" or "IDPH"

means the Illinois Department of Public Health.

"Applicant" means one or

more persons, as defined in the Act, who apply for a permit or exemption.  See

77 Ill. Adm. Code 1130.220 to determine what parties are necessary for an

application.

"Authorized

Representative" means a person who has authority to act on behalf of the

legal entity or person that is the applicant or permit holder

r "IDPH"

means the Illinois Department of Public Health.

"Applicant" means one or

more persons, as defined in the Act, who apply for a permit or exemption.  See

77 Ill. Adm. Code 1130.220 to determine what parties are necessary for an

application.

"Authorized

Representative" means a person who has authority to act on behalf of the

legal entity or person that is the applicant or permit holder. Authorized

representatives are: in the case of a corporation, any of its officers or

members of its board of directors; in the case of a limited liability company,

any of its managers or members (or the sole manager or member when two or more

managers or members do not exist); in the case of a partnership, any of its

general partners (or the sole general partner when two or more general partners

do not exist); in the case of estates and trusts, any of its beneficiaries (or

the sole beneficiary when two or more beneficiaries do not exist); and in the

case of a sole proprietor, the individual who is the proprietor.

"Capital Expenditure"

means an expenditure made by or on behalf of

an LTC

facility (as such a

facility is defined in

the

Act), which, under generally accepted

accounting principles, is not properly chargeable as an expense of operation

and maintenance, or is made to obtain by lease or comparable arrangement any

facility or part thereof or any equipment for a facility or part and which exceeds

the capital expenditure minimum. For purposes of this

definition

, the

cost of any studies, surveys, designs, plans, working drawings, specifications,

and other activities essential to the acquisition, improvement, expansion, or

replacement of any plant or equipment with respect to which an expenditure is

made shall be included in determining if such expenditure exceeds the capital

expenditure minimum

al expenditure minimum. For purposes of this

definition

, the

cost of any studies, surveys, designs, plans, working drawings, specifications,

and other activities essential to the acquisition, improvement, expansion, or

replacement of any plant or equipment with respect to which an expenditure is

made shall be included in determining if such expenditure exceeds the capital

expenditure minimum. Donations of equipment or facilities to

an LTC

facility which if acquired directly by such facility would be subject to review

under

the

Act shall be considered capital expenditures, and a transfer

of equipment or facilities for less than fair market value shall be considered

a capital expenditure if a transfer of the equipment or facilities at fair market

value would be subject to review.

[20 ILCS 3960/3]

"Capital Expenditure

Minimum" means the dollar amount or value that would require a permit for

capital projects and major medical equipment. Capital expenditure minimums are

annually adjusted to reflect the increase in construction costs due to

inflation under 77 Ill. Adm. Code 1130.310.

"Category of Service"

means a grouping by generic class of various types or levels of support

functions, equipment, care or treatment provided to patients/residents. A

category of service may include subcategories or levels of care that identify a

particular degree or type of care within the category of service.

"CMMS"

means the federal Centers for Medicare and Medicaid Services.

"Chairman"

means the presiding officer of HFSRB.

"Change of Ownership"

means a change in the person who has operational control of an existing LTC

facility or

a change in the person who has ownership or control of

an LTC

facility's physical plant and capital assets.  A change of ownership is

indicated by, but not limited to, the following transactions: sale, transfer,

acquisition, leases, change of sponsorship or other means of transferring

control

of Ownership"

means a change in the person who has operational control of an existing LTC

facility or

a change in the person who has ownership or control of

an LTC

facility's physical plant and capital assets.  A change of ownership is

indicated by, but not limited to, the following transactions: sale, transfer,

acquisition, leases, change of sponsorship or other means of transferring

control.

[20 ILCS 3960/3]  Examples of change of ownership include:

a transfer of stock or assets

resulting in a person obtaining majority interest (i.e., over 50%) in the

person who is licensed or certified (if the facility is not subject to

licensure), or in the person who owns or controls the LTC facility's physical

plant and capital assets; or

the issuance of a license by IDPH

to a person different from the current licensee; or

a change in the membership or

sponsorship of a not-for-profit corporation; or

a change of 50% or more of the

voting members of a not-for-profit corporation's board of directors, during any

consecutive 12 month period, that controls an LTC facility's operations,

license, certification (when the facility is not subject to licensing) or

physical plant and capital assets; or

a change in the sponsorship or

control of the person who is licensed or certified (when the facility is not

subject to licensing) to operate, or who

owns the physical plant and

capital assets of a governmental LTC facility; or

any other transaction that results

in a person obtaining control of an LTC facility's operations or physical plant

and capital assets, including leases.

"Change in the Bed Count of a

Long-Term Care Facility" means a change in an LTC facility's authorized

bed capacity, including reductions, increases with permit or allowable

increases without permit

al assets of a governmental LTC facility; or

any other transaction that results

in a person obtaining control of an LTC facility's operations or physical plant

and capital assets, including leases.

"Change in the Bed Count of a

Long-Term Care Facility" means a change in an LTC facility's authorized

bed capacity, including reductions, increases with permit or allowable

increases without permit.

A permit or exemption shall be obtained prior to

the construction or modification of

an LTC

facility which: changes the

bed capacity of

an LTC

facility by increasing the total number of beds

or by distributing beds among various categories of service or by relocating

beds from one physical facility to another by more than 20 beds or 10% of total

bed capacity as defined by the State Board, whichever is less, over a 2-year

period.

[20 ILCS 3960/5]

"Charity Care"

means

care provided by

an LTC

facility for which the provider does not expect

to receive payment from the patient

/resident

or a third party payer

.

[20 ILCS 3960/3]

"Clinical Service Area"

means a department and/or service that is directly

related to the diagnosis,

treatment, or rehabilitation of persons receiving services from the

LTC

facility

[20 ILCS 3960/3].  A clinical service area's physical space shall

include those components required under the facility's licensure or Medicare

and/or Medicaid certification, and/or as outlined by documentation from the

facility as to the physical space required for appropriate clinical practice.

"Combined Service Area

Project" means a project that consists of both clinical service areas and

non-clinical service areas

ical service area's physical space shall

include those components required under the facility's licensure or Medicare

and/or Medicaid certification, and/or as outlined by documentation from the

facility as to the physical space required for appropriate clinical practice.

"Combined Service Area

Project" means a project that consists of both clinical service areas and

non-clinical service areas.

"Completion" or

"Project Completion" means that the project has been brought to a

conclusion as evidenced by one or more of the following events:

For projects with no cost that are

limited to a substantial change in beds in licensed LTC facilities, the date IDPH

issues a revised license; or

For projects with no cost that are

limited to a substantial change in beds in LTC facilities or in State-operated

facilities, the date the first patient is treated; or

For projects limited to the

establishment of a category of service, the date the first patient is treated;

or

For projects limited to the

establishment of an LTC facility, the date the LTC facility is licensed or, if

licensure is not required, the date the facility receives Medicare/Medicaid

certification; or

For all other projects including

modernization of existing facilities, project completion occurs when all

components of the project are fulfilled as stated in the application for permit

or exemption; or

For projects with permits

issued with conditions, the date HFSRB deems the

conditions have been met.

"Completion Date" or

"Project Completion Date" means the date established by the applicant

for the completion of the project in the approval of the permit or subsequent

renewal, as evidenced by one or more of the events cited in the definition of "Completion"

cation for permit

or exemption; or

For projects with permits

issued with conditions, the date HFSRB deems the

conditions have been met.

"Completion Date" or

"Project Completion Date" means the date established by the applicant

for the completion of the project in the approval of the permit or subsequent

renewal, as evidenced by one or more of the events cited in the definition of "Completion".

"Construction" or

"Modification"

means the establishment, erection, building,

alteration, reconstruction, modernization, improvement, extension,

discontinuation, change of ownership of or by

an LTC

facility, or the

purchase or acquisition by or through

an LTC

facility of equipment or service

for diagnostic or therapeutic purposes or for facility administration or

operation or any capital expenditure made by or on behalf of

an LTC

facility which exceeds the capital expenditure minimum; however, any capital

expenditure made by or on behalf of an LTC facility for the construction or

modification of a facility licensed under the Assisted Living and Shared

Housing Act

[210 ILCS 9]

or a conversion project undertaken in

accordance with Section 30 of the Older Adult Services Act

[320 ILCS 42]

shall

be excluded from any obligations under the Act.

[20 ILCS 3960/3]

"Contested Case" is

defined in Section 1-30 of the Illinois Administrative Procedure Act. [5 ILCS

100/1-30].

"Control" means a person

possesses any of the following discretionary and non-ministerial rights or

powers:

In the case of an entity, the

ability to direct the management and policies of the entity, whether through

the voting of securities, corporate membership, contract or otherwise

"Contested Case" is

defined in Section 1-30 of the Illinois Administrative Procedure Act. [5 ILCS

100/1-30].

"Control" means a person

possesses any of the following discretionary and non-ministerial rights or

powers:

In the case of an entity, the

ability to direct the management and policies of the entity, whether through

the voting of securities, corporate membership, contract or otherwise.

Examples of control include, without limitation:

holding 50% or more of the

outstanding voting securities of an issue;

in the case of an entity that has

no outstanding voting securities, having the right to 50% or more of the

profits or, in the event of dissolution, the right to 50% or more of the assets

of the entity;

having the power to appoint or

remove 50% or more of the governing board members of an entity;

having the power to require or

approve the use of funds or assets of the entity; or

having the power to approve, amend

or modify the entity's bylaws or other governance documents.

In the case of capital assets or

real property, the power to direct or cause the direction of the personal

property, real property or capital assets that are components of the project

(i.e., fixed equipment, mobile equipment, buildings and portions of

buildings).  Examples of control include, without limitation:

ownership of 50%

or more in the property or asset;

serving as lessee

or sub-lessee.

"Conversion" means a

change in the control of an existing LTC facility's physical plant, assets, or

operations by such methods as, but not limited to, a change in ownership,

acquisition, merger, consolidation, lease, stock transfer, or change in

sponsorship.  Types of conversion include:

consolidation by combining two or

more existing LTC facilities into a new LTC facility, terminating the existence

of the existing or original facilities (A + B = C)

LTC facility's physical plant, assets, or

operations by such methods as, but not limited to, a change in ownership,

acquisition, merger, consolidation, lease, stock transfer, or change in

sponsorship.  Types of conversion include:

consolidation by combining two or

more existing LTC facilities into a new LTC facility, terminating the existence

of the existing or original facilities (A + B = C).  Consolidation results in

the establishment of an LTC facility within the meaning of the Act and in the

discontinuation of the existing facilities, resulting in termination of license

for facilities subject to licensing or the loss of certification for facilities

not subject to licensing;

merger by the absorption of one or

more existing LTC facilities into another existing LTC facility.  The result of

the absorption is that only one facility survives (A + B = B).  Merger results

in the modification (e.g., expansion of beds or services) of the survivor

facility and the discontinuation of the facility being absorbed.

"Director"

means the Director of the Department of Public Health.

"Due Diligence" means to

take such actions toward the completion of a project for which a permit has

been issued with that diligence and foresight that persons of ordinary prudence

and care commonly exercise under like circumstances.  An accidental or

unavoidable cause that cannot be avoided by the exercise of due diligence is a

cause that reasonably prudent and careful persons, under like circumstances, do

not and would not ordinarily anticipate, and whose effects under similar

circumstances they do not and would not ordinarily avoid.

"Entity" means any

corporation, company, partnership, joint venture, association, trust,

foundation, fund or other legally recognized organization, public body or

municipality

ce is a

cause that reasonably prudent and careful persons, under like circumstances, do

not and would not ordinarily anticipate, and whose effects under similar

circumstances they do not and would not ordinarily avoid.

"Entity" means any

corporation, company, partnership, joint venture, association, trust,

foundation, fund or other legally recognized organization, public body or

municipality.

"Establish" or

"Establishment"

means the construction of a

new

LTC

facility,

the licensing of unlicensed buildings or structures as an LTC

facility, the

replacement of an existing

LTC

facility on another

site, or

the initiation of a category of service defined by the Board.

[20 ILCS 3960/3]

"Estimated Project Cost"

or "Project Cost" means the sum of all costs, including the fair

market value of any equipment or other real property (whether acquired by

lease, donation, or gift) necessary to complete a project, including:

preplanning costs;

site survey and soil investigation

fees;

site preparation costs;

off-site work;

construction contracts and contingencies

(including demolition);

capital equipment included in

construction contracts;

architectural and engineering

fees;

consultants and other professional

fees that are related to the project;

capital equipment not in

construction contracts;

bond issuance expenses;

net interest expense during

construction; and

all other costs that are to be

capitalized.

"Exemption" means the

classification of projects that are exempt from the Certificate of Need permit

review process, but are reviewed under

the procedures and requirements

of

HFSRB

regarding issuance of exemptions.  An exemption shall be approved when

information required by the Board by rule is submitted

t interest expense during

construction; and

all other costs that are to be

capitalized.

"Exemption" means the

classification of projects that are exempt from the Certificate of Need permit

review process, but are reviewed under

the procedures and requirements

of

HFSRB

regarding issuance of exemptions.  An exemption shall be approved when

information required by the Board by rule is submitted.

[20 ILCS 3960/6(b)]

"Existing Long-Term Care

Facility" means any LTC facility subject to the Act that:

has a license issued by IDPH

and has provided services within the past 12 months, unless the failure to

provide that service is the result of pending license revocation procedures,

and has not surrendered or abandoned its license or had its license revoked or

voided or otherwise deemed invalid by IDPH; or

is certified under Title XVIII or

XIX of the Social Security Act (42 USC 1395); or

is a facility

operated by the State of Illinois.

HFSRB NOTE:  Projects approved by

HFSRB for establishment of an LTC facility that have not been deemed complete

in accordance with this Part shall not be considered existing facilities, but

the approved number of beds or services shall be recorded in the HFSRB

Inventory of Health Care Facilities and Services and Need Determinations,

located at the HFSRB website (www.hfsrb.illinois.gov), and shall be counted

against any applicable need estimate.

"Ex parte Communication"

means a communication between a person who is not a State Board member or

employee that reflects on the substance of a

formally filed

State Board

proceeding and that takes place outside the record of the proceeding.

Communications regarding matters of procedure and practice, such as the format

of a pleading, number of copies required, manner of service, and status of

proceedings, are not considered ex parte communications.  Technical assistance with

respect to an application, not intended to influence any decision on the

application, may be provided by employees to the applicant

ecord of the proceeding.

Communications regarding matters of procedure and practice, such as the format

of a pleading, number of copies required, manner of service, and status of

proceedings, are not considered ex parte communications.  Technical assistance with

respect to an application, not intended to influence any decision on the

application, may be provided by employees to the applicant.  Once an

application is filed and deemed complete, a written record of any communication

between staff and an applicant shall be prepared by staff and made part of the

public record, using a prescribed, standardized format, and shall be included

in the application file.

[20 ILCS 3960/4.2]

"Fair Market Value"

means the dollar value of a project or any component of a project that is

accomplished by lease, donation, gifts or any other means that would have been

required for purchase, construction or acquisition.  Fair market value is

documented as follows:

for equipment that is to be

leased, statements from the manufacturers as to the purchase price of the

equipment;

for equipment or other real

property that will be a gift or donated, a statement from the donor attesting

to the dollar value reported to the Internal Revenue Service pursuant to IRS

Document 170;

for existing property (other than

equipment) that is to be leased or otherwise acquired, copies of an appraisal

performed by a certified appraiser or copies of financial statements detailing

actual construction costs if the property is less than three years old; or

for property (other than

equipment) that is being or will be constructed and then leased, a statement

from the lessor as to the anticipated costs of construction.

"Final Decision" or

"Final Administrative Decision" or "Final Determination"

means:

the decision by HFSRB to approve

or deny an application for permit

iling

actual construction costs if the property is less than three years old; or

for property (other than

equipment) that is being or will be constructed and then leased, a statement

from the lessor as to the anticipated costs of construction.

"Final Decision" or

"Final Administrative Decision" or "Final Determination"

means:

the decision by HFSRB to approve

or deny an application for permit.  Action taken by HFSRB to deny an

application for permit is subsequent to an administrative hearing or to the

waiver of an administrative hearing; or

the decision by HFSRB on all

matters other than the issuance of a permit.

HFSRB NOTE:  The decision is

final at the close of business of the HFSRB meeting at which the action is

taken.

"Final Realized Costs"

means all costs that are normally capitalized under generally accepted

accounting principles that have been incurred to complete a project for which a

permit or exemption was issued.  These costs include all expenditures and the

dollar or fair market value of any component of the project, whether acquired

through lease, donation or gift.

"Hearing Officer" means

the person with authority to conduct public hearings and to take all necessary

steps to assure the proper completion of public hearings and to assure

compliance with requirements of the Act.  Responsibilities include: determining

the order and time allotment for public testimony; maintaining order; setting

and announcing new hearing dates, times and places, as necessary; determining

the conclusion of the hearing and assuring that all documents, exhibits and

other written materials presented or requested at the hearing are in the

hearing officer's custody; and preparing a report for submittal to HFSRB.

"HFSRB " or "State

Board" means the Illinois Health Facilities and Services Review Board.

"HFSRB Inventory" or

"Inventory" means the HFSRB Inventory of Health Care Facilities and

Services and Need Determinations, located at HFSRB's website

(www.hfsrb.illinois.gov)

terials presented or requested at the hearing are in the

hearing officer's custody; and preparing a report for submittal to HFSRB.

"HFSRB " or "State

Board" means the Illinois Health Facilities and Services Review Board.

"HFSRB Inventory" or

"Inventory" means the HFSRB Inventory of Health Care Facilities and

Services and Need Determinations, located at HFSRB's website

(www.hfsrb.illinois.gov).

"IAPA" means the

Illinois Administrative Procedure Act [5 ILCS 100].

"Intent to Deny" means

the negative decision of HFSRB, following its initial

consideration of an application

for permit that failed to receive the number of

affirmative votes required by the

Act.

"Long-Term Care" or

"LTC" means care for patients/residents in a general long-term care

or specialized long-term care facility under the jurisdiction of the Board.

General LTC includes the nursing

category of service, which provides inpatient treatment for convalescent or

chronic disease patients/residents and includes the skilled nursing level of

care and/or the intermediate nursing level of care, defined in 77 Ill. Adm.

Code 300.

Specialized LTC

means a classification of categories of service that provide inpatient care

primarily for children (ages 0 through 21) or inpatient care for adults who

require specialized treatment and care because of mental or developmental

disabilities. Specialized LTC includes the following categories of services:

Chronic Mental Illness (MI)

Category of Service.  The Chronic MI category of service includes levels

of care provided to severely mentally ill clients in a structured setting in a

psychiatric unit of a general hospital, in a private psychiatric hospital, or

in a State-operated facility primarily in order to facilitate the improvement

of their functioning level, to prevent further deterioration of their

functioning level, or, in some instances, to maintain their current level of

functioning.

Long-Term Care for the

Developmentally Disabled-Adult (DD-Adult) category of service

iatric unit of a general hospital, in a private psychiatric hospital, or

in a State-operated facility primarily in order to facilitate the improvement

of their functioning level, to prevent further deterioration of their

functioning level, or, in some instances, to maintain their current level of

functioning.

Long-Term Care for the

Developmentally Disabled-Adult (DD-Adult) category of service. This category of

service includes levels of care for DD-Adults as defined in the Mental Health

and Developmental Disabilities Code [405 ILCS 5] (including those facilities

licensed as ICF/DD) that provide an integrated, individually-tailored program

of services for developmentally disabled adults and provide an active,

aggressive and organized program of services directed toward achieving

measurable behavioral and learning objectives.

Long-Term Care for the

Developmentally Disabled-Children category of service.  This category of

service includes levels of care for DD-Children  (those residents age 0 through

21 years) as defined in the Illinois Mental Health and Developmental

Disabilities Code).

Long-Term Medical Care for

Children Category of Service.  This category of service includes long-term

medical services that are provided to those patients/residents age 0-18 years

and that provides for residents suffering from chronic medical disabilities.

"Major Construction

Project" means:

Projects for the construction

of new buildings;

Additions to existing

facilities;

Modernization projects whose

cost is in excess of $1,000,000 or 10% of the facility's operating revenue,

whichever is less; and

such projects as the State

Board shall define and prescribe pursuant to

the

Act

provides for residents suffering from chronic medical disabilities.

"Major Construction

Project" means:

Projects for the construction

of new buildings;

Additions to existing

facilities;

Modernization projects whose

cost is in excess of $1,000,000 or 10% of the facility's operating revenue,

whichever is less; and

such projects as the State

Board shall define and prescribe pursuant to

the

Act.

[20 ILCS

3960/5]

"Major Medical

Equipment"

means medical equipment

that

is used for the

provision of medical and other health services and

that

costs in excess

of the capital expenditure minimum, except that such term does not include

medical equipment acquired by or on behalf of a clinical laboratory to provide

clinical laboratory services if the clinical laboratory is independent of a

physician's office and a hospital and it has been determined under Title XVIII

of the Social Security Act

(42 USC 1395x)

to meet the requirements of section

1861(S)(10) and (11) of

that

Act.  In determining whether medical

equipment has a value in excess of the capital expenditure minimum, the value

of studies, surveys, designs, plans, working drawings, specifications, and

other activities essential to the acquisition of the equipment shall be

included

.  [20 ILCS 3906/3]

"Medicaid Certified" or

"Medicare Certified" or "Medicaid Certification" or

"Medicare Certification" means approval for a facility to receive

reimbursement under Title XVIII (Medicare) and/or XIX (Medicaid) of the Social

Security Act (42 USC 1395).

"Modification of an

Application" or "Modification" means any change to an

application during the review period (i.e., prior to a final HFSRB action)

dicaid Certified" or

"Medicare Certified" or "Medicaid Certification" or

"Medicare Certification" means approval for a facility to receive

reimbursement under Title XVIII (Medicare) and/or XIX (Medicaid) of the Social

Security Act (42 USC 1395).

"Modification of an

Application" or "Modification" means any change to an

application during the review period (i.e., prior to a final HFSRB action). These

changes include, but are not limited to: changing the proposed project's

physical size or gross square feet, the site within a planning area, the

operating entity when the operating entity is not the applicant, the number of

proposed beds, the categories of service to be provided, the cost, the method

of financing, the proposed project completion date, the configuration of space

within the building, or any change in the person who is the applicant,

including the addition or deletion of one or more persons as co-applicants.

HFSRB NOTE:  A change of site to

a site outside the planning area originally identified in the application is

not considered a modification and invalidates the application.

"Newspaper of General

Circulation" means newspapers other than those intended to serve a

particular, defined population, such as the publications of professional and

trade associations.

"Newspaper of Limited

Circulation" means a newspaper intended to serve a particular or defined

population of a specific geographic area within a Metropolitan Statistical Area

such as a municipality, town, village, township or community area, but does not

include publications of professional and trade associations.  [20 ILCS

3960/8.5(a)]

"Non-clinical Service

Area"

means an area for the benefit of the patients

/residents

,

visitors, staff or employees of an LTC facility and not directly related to the

diagnosis, treatment, or rehabilitation of persons receiving services from the

LTC

facility

n, village, township or community area, but does not

include publications of professional and trade associations.  [20 ILCS

3960/8.5(a)]

"Non-clinical Service

Area"

means an area for the benefit of the patients

/residents

,

visitors, staff or employees of an LTC facility and not directly related to the

diagnosis, treatment, or rehabilitation of persons receiving services from the

LTC

facility.  "Non-clinical service areas" include, but are not limited

to, chapels; gift shops; news stands; computer systems; tunnels, walkways, and

elevators; telephone systems; projects to comply with life safety codes;

educational facilities; student housing; patient

/resident

, employee,

staff, and visitor dining areas; administration and volunteer offices;

modernization of structural components (such as roof replacement and masonry

work); boiler repair or replacement; vehicle maintenance and storage

facilities; parking facilities; mechanical systems for heating, ventilation,

and air conditioning; loading docks; and repair or replacement of carpeting,

tile, wall coverings, window coverings or treatments, or furniture.  Solely for

the purpose of this definition, "non-clinical service area" does not

include health and fitness centers.

[20 ILCS 3960/3]

"Non-Substantive

Projects" means certain projects that have been defined in 77 Ill.

Adm. Code 1110.40, with a review period of 60 days.

"Notification of HFSRB

Action" means the transmittal of HFSRB decisions to the applicant or

permit or exemption holder.  Notification shall be given to the applicant's or

permit holder's designated contact person, legal representative or chief

executive officer.

"Obligation" means the

commitment of at least 33% of total funds assigned to cover total project cost,

which occurs by:

The actual

expenditure of 33% or more of the total project cost; or

The commitment to expend 33% or

more of the total project cost by signed contracts or other legal means

icant's or

permit holder's designated contact person, legal representative or chief

executive officer.

"Obligation" means the

commitment of at least 33% of total funds assigned to cover total project cost,

which occurs by:

The actual

expenditure of 33% or more of the total project cost; or

The commitment to expend 33% or

more of the total project cost by signed contracts or other legal means.

"Operational" means that

a permit holder is providing the services approved by HFSRB and, for a new LTC

facility or a new category of service, licensure or Medicare and/or Medicaid

certification has been obtained and residents/patients are utilizing the

facility or equipment or are receiving service.

"Permit" means

authorization to execute and complete a project related to an LTC

facility, as reviewed and approved by HFSRB

and

as specified in the Act.

"Person"

means any

one or more natural persons, legal entities, governmental bodies other than

federal, or any combination thereof.

[20 ILCS 3960/3]

"Project Obligation

Date" means the date on which the permit holder expended or committed to

expend by contract or other legal means at least 33% of the total project cost.

"Proposal" or

"Project" means any proposed construction or modification of an LTC

facility or any proposed acquisition of equipment to be undertaken by an

applicant.

"Related

Person" means

any person that:

is at least 50% owned, directly

or indirectly, by either the

LTC

facility or a person owning, directly

or indirectly, at least 50% of the

LTC

facility;

or

owns, directly or indirectly,

at least 50% of the

LTC

facility

; [20 ILCS 3960/3] or

is otherwise controlled or managed

by one or more LTC facilities; or

controls or manages the LTC

facility; or

otherwise controls or manages the LTC

facility; or

is otherwise, directly or

indirectly, under common management or control with one or more LTC facilities

rectly, at least 50% of the

LTC

facility;

or

owns, directly or indirectly,

at least 50% of the

LTC

facility

; [20 ILCS 3960/3] or

is otherwise controlled or managed

by one or more LTC facilities; or

controls or manages the LTC

facility; or

otherwise controls or manages the LTC

facility; or

is otherwise, directly or

indirectly, under common management or control with one or more LTC facilities.

"Review Period" means

the time from the date an application for permit or exemption is deemed

complete until HFSRB

renders its final decision.

"Site" means the

physical location of a proposed project and is identified by address or legal

property description.

"Square Feet" or

"SF" or "Square Footage" means a unit of measure of

physical service areas or buildings considered by HFSRB.  Departmental Gross

Square Feet (DGSF) means the designation of physical areas for departments and

services.  It consists of the entirety of space dedicated to the use of that department

or service, including walls, shafts and circulation.  Building Gross Square

Feet (BGSF) means the designation of physical area of an entire building.  It

includes all exterior walls and space within those walls.

"Subcommittee" means the

HFSRB Long-Term Care Facility Advisory Subcommittee.

"Subcommittee

Chairperson" means the chairperson of the Subcommittee.

"Substantially Changes the

Scope or Changes the Functional Operation of the

Facility" means:

the addition of a category of

service;

a change of a material

representation made by the applicant in an application for permit or exemption

subsequent to receipt of a permit that is relied upon by HFSRB in making its

decision

tee.

"Subcommittee

Chairperson" means the chairperson of the Subcommittee.

"Substantially Changes the

Scope or Changes the Functional Operation of the

Facility" means:

the addition of a category of

service;

a change of a material

representation made by the applicant in an application for permit or exemption

subsequent to receipt of a permit that is relied upon by HFSRB in making its

decision.  Material representations are those that provide a factual basis for

issuance of a permit or exemption and include:

withdrawal or non-participation in

the Medicare and/or Medicaid programs;

charge

information;

requirements of

variances pursuant to Section 1125.560;

other representations made to

HFSRB as stipulated or agreed upon in the public record and specified in the

application or the permit or exemption approval letter.

"Substantive Projects"

means types of projects that are defined in the Act and classified as

substantive.

Substantive projects shall include no more than the following:

Projects to construct a new or

replacement facility located on a new site or a replacement facility located on

the same site as the original facility and the costs of the replacement

facility exceed the capital expenditure minimum.

Projects proposing a new

service or discontinuation of a service, which shall be reviewed by the Board

within 60 days.

Projects proposing a change in

the bed capacity of

an LTC

facility by an increase in the total number

of beds or by a redistribution of beds among various categories of service or

by a relocation of beds from one facility to another by more than 20 beds or

more than 10% of total bed capacity, as defined by the State Board, whichever

is less, over a 2 year period.

[20 ILCS 3960/12]

"Technical Assistance"

means help provided by an employee of HFSRB to a person, LTC facility or HFSRB,

and is not considered ex parte communication as defined in Section 4.2 of the

Act

ce or

by a relocation of beds from one facility to another by more than 20 beds or

more than 10% of total bed capacity, as defined by the State Board, whichever

is less, over a 2 year period.

[20 ILCS 3960/12]

"Technical Assistance"

means help provided by an employee of HFSRB to a person, LTC facility or HFSRB,

and is not considered ex parte communication as defined in Section 4.2 of the

Act.  Technical assistance may be provided to any person regarding

pre-application conferences, the filing of an application, or other request to

HFSRB provided that the communication is

not intended to influence any

decision on the application.

Technical assistance may be provided for the

benefit of HFSRB to clarify issues relevant to an application or other business

of HFSRB.  The assistance may be in the form of written correspondences,

conversations, site visits, meetings, and/or consultations with independent

experts.

Once an application or exemption is filed and deemed complete, a

written record of any communication between staff and an applicant shall be

prepared by staff and made part of the public record, using a prescribed,

standardized format, and shall be included in the application file

, within

10 business days after the assistance is provided

.

[20 ILCS 3960/4.2]

"Temporary Suspension of

Facility or Category of Service" means a facility has ceased operation or

has ceased to provide a category of service due to unanticipated or unforeseen

circumstances (such as the loss of appropriate staff or a natural or unnatural

disaster).  A facility shall file notice to HFSRB of a temporary suspension of

service.  See 77 Ill. Adm. Code 1130.240(d).