Section 1130.140 Definitions

Section 1130

Section 1130.140  Definitions

Unless otherwise provided in 77 Ill. Adm. Code 1100, 1110,

1120, 1125, 1130, 1235, and 1260, or unless a different meaning of a word or

term is clear from the context, the following definitions also apply to the

State Board's rules in 77 Ill. Adm. Code 1100, 1110, 1120, 1125, 1130, 1235,

and 1260:

"Act" means the Illinois

Health Facilities Planning Act [20 ILCS 3960].

"Administrative Law

Judge" or "ALJ" means the person appointed to preside at

administrative hearings under Subpart J and pursuant to the Act.

"Administrator" means

the chief executive officer of HFSRB, responsible to the HFSRB Chairman and,

through the Chairman, responsible to HFSRB for the execution of its policies

and procedures.

"Adverse Action" means a

disciplinary action taken by IDPH, CMMS, or any other State or federal agency

against a person or entity that owns or operates licensed or Medicare or

Medicaid certified healthcare 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],

"Type 'A' violation" means a violation of

the Nursing

Home Care

Act or of the rules promulgated thereunder which creates a

condition or occurrence relating to the operation and maintenance of a facility

that (i)

creates a substantial probability that the risk of death or

serious mental or physical harm to a resident will result therefrom or (ii) 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

to a resident will result therefrom or (ii) 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.

[210 ILCS 45/1-129]

"Affirmation"

means a statement, declaration, proclamation, pronouncement, or notice made by

an applicant regarding the information requirements for an application for

exemption, with the understanding that there are still consequences to any

matters that are non-compliant with the terms of the exemption issued.

"Agency"

or "Department"

or "IDPH"

means the Illinois

Department of Public Health

.  (Section 3 of the Act)

"Alteration"

means any revision or change to a project as detailed in the application that

occurs after HFSRB issued the permit.  A completed project cannot be altered.

The site of the proposed project or the persons who are the permit holder

cannot be altered.

"Applicant"

means a person, as defined in the Act, who applies for a permit or exemption.

See Section 1130.220 to determine what parties are necessary for an

application.

"Audit" means the most

recent formal examination, correction, and official endorsement of financial

reports by an independent certified public accountant that is in accordance

with generally accepted accounting principles.

"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

sary for an

application.

"Audit" means the most

recent formal examination, correction, and official endorsement of financial

reports by an independent certified public accountant that is in accordance

with generally accepted accounting principles.

"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.

"Business Day" means

Monday through Friday.  It does not include a federal or State government

declared holiday, Saturday, or Sunday.

"Calendar Day" or

"day" means all days in a month or prescribed time frame.  It

includes weekends and federal or State government declared holidays.

"Capital

Expenditure"

shall have the meaning ascribed in Section 3 of the Act.

"Capital

Expenditure Minimum"

shall have the meaning ascribed in Section 3 of

the Act.  Capital expenditure minimums are adjusted annually to reflect the

increase in costs due to inflation (see Section 1130.310(a)(1)).  Current

capital expenditure minimums are available at https://hfsrb.illinois.gov/con-program.html.

"Category

of Service"

shall have the meaning ascribed in Section 3 of the Act.

"Censure"

means a formal and public reprimand issued by HFSRB.

"Chairman"

or "Board Chair" means the presiding officer of HFSRB

annually to reflect the

increase in costs due to inflation (see Section 1130.310(a)(1)).  Current

capital expenditure minimums are available at https://hfsrb.illinois.gov/con-program.html.

"Category

of Service"

shall have the meaning ascribed in Section 3 of the Act.

"Censure"

means a formal and public reprimand issued by HFSRB.

"Chairman"

or "Board Chair" means the presiding officer of HFSRB.

"Change in the Bed Count of a

Health Care Facility" means a change in a health care 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 a health care facility which:

changes the bed capacity of a health care 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 or site to another by more than

20 beds or 10% of total bed capacity as defined by the State Board

in its

Inventory of Health Care Facilities and Services and Need Determinations available

at https://hfsrb.illinois.gov/inventories-data.html,

whichever is less, over

a 2-year period.

(Section 5(c) of the Act)  The two-year period begins on

the date the additional beds or stations become operational.  (See Section

1130.240(g).)

"Change

of ownership of a health care facility"

means a change in the person

who has operational control of an existing health care facility or

a change

in the person who has ownership or control of a health care facility's physical

plant and capital assets.  A change in ownership is indicated by,

but not

limited to,

the following transactions:  sale, transfer, acquisition, lease,

change of sponsorship or other means of transferring control

eans a change in the person

who has operational control of an existing health care facility or

a change

in the person who has ownership or control of a health care facility's physical

plant and capital assets.  A change in ownership is indicated by,

but not

limited to,

the following transactions:  sale, transfer, acquisition, lease,

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 (parent or wholly owned entity) obtaining

majority interest (i.e., over 50%) in the person (operator or licensee) who is

licensed or certified (if the facility is not subject to licensure), or in the

person (ownership entity) who owns or controls the health care facility's

physical plant and capital assets; or

the issuance

of a license by IDPH to a person different from the current licensee; or

for facilities

not subject to licensing, the issuance of a provider number to a different

person by certification agencies that administer Titles XVIII and XIX of the

Social Security Act; 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 a health care

facility's operation, 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 health care facility; or

any other

transaction that results in a person obtaining control of a health care

facility's operations or physical plant and capital assets, including leases;

or

conversion of

a health care facility.

"Change of Ownership Among

Related Persons"

shall have the meaning ascribed in Section 6(b) of

the Act

who owns the physical

plant and capital assets of a governmental health care facility; or

any other

transaction that results in a person obtaining control of a health care

facility's operations or physical plant and capital assets, including leases;

or

conversion of

a health care facility.

"Change of Ownership Among

Related Persons"

shall have the meaning ascribed in Section 6(b) of

the Act.

"Charity care"

shall

have the meaning ascribed in Section 3 of the Act.

"Clinical Service Area"

means a department or service that is directly

related to the diagnosis,

treatment, or rehabilitation of persons receiving services from the health care

facility

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

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

Medicaid Certification, and as outlined by documentation from the facility as

to the physical space required for appropriate clinical practice.

"CMMS"

means the federal Centers for Medicare and Medicaid Services.

"Combined Service Area Project" means a project that consists

of both clinical service areas and non-clinical service areas.

"Completion" or "Project Completion" means a project

has been concluded, has been licensed or certified (if applicable), has

received accreditation (if applicable), and a notice of project completion and

final realized cost report has been submitted to HFSRB (as required at Section

1130.770).

"Completion Date" or

"Project Completion Date" means the date the applicant or permit

holder (as applicable) established for the completion of the project when the

permit was approved or renewed. For purposes of a permit, when a project

requires an applicant to obtain a license, the project is not considered

complete until the facility is licensed.  When a project is in litigation, the

completion date will be stayed if the permit holder provides a certified notice

of the dates of litigation

licable) established for the completion of the project when the

permit was approved or renewed. For purposes of a permit, when a project

requires an applicant to obtain a license, the project is not considered

complete until the facility is licensed.  When a project is in litigation, the

completion date will be stayed if the permit holder provides a certified notice

of the dates of litigation.

"Construction

or modification" means the establishment, erection, building, alteration,

reconstruction, modernization, improvement, extension, discontinuation, change

of ownership, of or by a health care facility, or the purchase or acquisition

by or through a health care 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 a health care facility which

exceeds the capital expenditure minimum; however, any capital expenditure made

by or on behalf of a health care facility for the construction or modification

of a facility licensed under the Assisted Living and Shared Housing Act or a

conversion project undertaken in accordance with Section 30 of the Older Adult

Services Act shall be excluded from any obligations under the Act.

[20

ILCS 3960/3] Examples of construction or modification include, but are not

limited to:

Construction

of new buildings;

Additions to existing facilities;

Modernization

projects whose cost exceed the capital expenditure threshold;

Offsite

replacement of a healthcare facility; or

Establishment

of a hospital, long-term care facility, end-stage renal disease facility, birth

center, ambulatory surgical treatment center, etc.

"Contested

Case" is defined in Section 1-30 of the IAPA [5 ILCS 100/1-30]

of new buildings;

Additions to existing facilities;

Modernization

projects whose cost exceed the capital expenditure threshold;

Offsite

replacement of a healthcare facility; or

Establishment

of a hospital, long-term care facility, end-stage renal disease facility, birth

center, ambulatory surgical treatment center, etc.

"Contested

Case" is defined in Section 1-30 of the IAPA [5 ILCS 100/1-30].

"Control"

means that 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 such 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 such control include, without limitation:

owning 50% or

more of the property or asset; or

serving as lessee or sublessee.

"Conversion" means a

change in the control of an existing health care 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

ples of such control include, without limitation:

owning 50% or

more of the property or asset; or

serving as lessee or sublessee.

"Conversion" means a

change in the control of an existing health care 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 health care facilities into a new health care facility, terminating

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

Consolidation results in the establishment of a health care 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 health care facilities into another existing health care

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.

"Date"

means, for purposes of this Part, a period starting at 12:00:01 a.m. of a

specified day and ending at 12:00:00 a.m. the following day.

"Director" means

the Director of the Department of

Public Health

.  (Section 3 of the Act)

"Discontinuation"

means to cease operation of an entire health care facility or category of

service on a voluntary or involuntary basis.  A permit or exemption is required

prior to a discontinuation. For discontinuations approved by HFSRB, the discontinued

beds will be removed from the Inventory once the permit or exemption is issued

f the Department of

Public Health

.  (Section 3 of the Act)

"Discontinuation"

means to cease operation of an entire health care facility or category of

service on a voluntary or involuntary basis.  A permit or exemption is required

prior to a discontinuation. For discontinuations approved by HFSRB, the discontinued

beds will be removed from the Inventory once the permit or exemption is issued.

A facility or category of service that has ceased operation or has interrupted

service on a temporary basis due to unforeseen circumstances (such as the lack

of appropriate staff, or a natural or unnatural disaster) may be determined to

not have discontinued, provided the facility has exercised appropriate efforts

to maintain operation, and within 30 days after the temporary interruption of

the service, has provided documentation to HFSRB of the circumstances of the

discontinuation and a comprehensive plan to restore the service, including the

anticipated date of restoration of the service.  Discontinuation also includes

a determination by HFSRB that:

an existing

category of service is not operating at utilization standards/target occupancy

rates specified in 77 Ill. Adm. Code 1100, for that category of service, on

average for any five-year period and thereafter (based upon data reported by

the facility to the Administrator pursuant to Section 13 of the Act), and that

need no longer exists in the planning area based upon the existence of such

factors as, but not limited to, access to other services in the planning area,

excess service capacity in the planning area, and the facility's ability to

adequately staff the existing service. HFSRB shall administer these changes

through its Declaratory Ruling process (see Section 1130.810).

HFSRB NOTE:

HFSRB may determine that a discontinuation has not occurred when a facility has

complied with the requirements of this definition

other services in the planning area,

excess service capacity in the planning area, and the facility's ability to

adequately staff the existing service. HFSRB shall administer these changes

through its Declaratory Ruling process (see Section 1130.810).

HFSRB NOTE:

HFSRB may determine that a discontinuation has not occurred when a facility has

complied with the requirements of this definition.  Failure to obtain a permit

or exemption prior to discontinuation may result in the imposition of sanctions

or penalties as provided by the Act.

"Due Diligence" means to

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

been issued with the 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 reasonable 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.

"Emergency

Projects" means projects that are

emergent in nature and must be

undertaken immediately to prevent or correct structural deficiencies or

hazardous conditions that may harm or injure persons using the facility,

as

defined at 77 Ill. Adm. Code 1110.20(a)

.

[20 ILCS 3960/12(9)]

"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 health care

facility

, the licensing of buildings or structures as a health care

facility,

the replacement of an existing

health care

facility on

another site or

,

the initiation of a category of service

nership, joint venture, association, trust,

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

municipality.

"Establish"

or "Establishment"

means the construction of a health care

facility

, the licensing of buildings or structures as a health care

facility,

the replacement of an existing

health care

facility on

another site or

,

the initiation of a category of service.

[20 ILCS

3960/3] Examples include:  new or replacement hospital, long-term care

facilities, ambulatory surgery centers, dialysis facilities, or the

establishment of a new category of service in a new or existing health care

facility.

"Estimated Project Cost"

or "Project Costs" 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

all

information required by the Board by rule,

in

accordance with Subpart E

, is submitted.

(See Section 6(b) of the Act.)

"Exemption

Holder" means any person as prescribed in Section 1130.220(a)

at 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

all

information required by the Board by rule,

in

accordance with Subpart E

, is submitted.

(See Section 6(b) of the Act.)

"Exemption

Holder" means any person as prescribed in Section 1130.220(a).

"Existing

Health Care Facility" means any health care 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 such 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 Titles XVIII or XIX of the Social Security Act (42 U.S.C. 1395); or

is a facility

operated by the State of Illinois.

HFSRB NOTE:

Projects approved by HFSRB for establishment of a health care facility that

have not been deemed complete in accordance with the provisions of this Part

shall not be considered existing facilities, but the approved number of beds or

services shall be recorded in the Inventory of Health Care Facilities 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 and a State Board member or employee that reflects on the substance of

a pending or impending 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.

(Section 4.2(d) of the Act)

Once an

application for permit 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.

(Section 4.2(a) of

the Act)

"Fair

Market Value" means the dollar value of a project or any component of a

project that is accomplished by lease, donation, gift, or any other means that

would have been required for purchase, construction, or acquisition.

"Final

Decision"

or "Final Administrative Decision" or "Final

Determination" means:

the

decision to approve or deny an application

by HFSRB

, or take other

actions permitted under this Act

.  (Section 12(11) of the Act)  Action

taken by HFSRB to deny an application for permit is subsequent to an

administrative hearing or to the waiver of such 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.

"Financial Commitment"

shall have the meaning ascribed in Section 3 of the Act

e 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.

"Financial Commitment"

shall have the meaning ascribed in Section 3 of the Act.  Financial

commitment occurs when a permit holder incurs actual expenditures of 33% or

more of the total project cost or commits to expend 33% or more of the total

project cost by signed contracts or other

legal means

(see Section 1130.760).

"Financial Commitment

Date" means the date by which the permit holder expends, or commits to

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

cost.

"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" or "Board" means the Illinois Health Facilities and

Services Review Board.

(Section 3 of the Act)

"IAPA" means the

Illinois Administrative Procedure Act [5 ILCS 100].

"Initiation of a Category of

Service" means, for purposes of a permit or exemption, the category of

service has been licensed or certified, if required, and the first patient or

resident has been admitted or treated

tate

Board" or "Board" means the Illinois Health Facilities and

Services Review Board.

(Section 3 of the Act)

"IAPA" means the

Illinois Administrative Procedure Act [5 ILCS 100].

"Initiation of a Category of

Service" means, for purposes of a permit or exemption, the category of

service has been licensed or certified, if required, and the first patient or

resident has been admitted or treated.

"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.  (See Section 1130.670.)

"Interdependence" means

components of construction or modification that are architecturally or

programmatically interrelated to the extent that undertaking one or more of the

components compels the other components to be undertaken.

Unless otherwise

interdependent, or submitted as one project by the applicant, components of

construction or modification undertaken by means of a single construction

contract or financed through the issuance of a single debt instrument shall not

be grouped together as one project.

(See Section 3 of the Act.)  Examples

include but are not limited to:  expanding a hospital's emergency department

but taking over observation space and moving the observation space to another

location or building at multiple sites on one hospital campus with financing

originating from one funding source.

"Inventory"

means the HFSRB Inventory of Health Care Facilities and Need Determination

created pursuant to Section 12(4) of the Act and available at https://hfsrb.illinois.gov/inventories-data.html.

"

Major

Medical Equipment"

shall have the meaning ascribed in Section 3 of the

Act.

"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 U.S.C. 1395)

ilable at https://hfsrb.illinois.gov/inventories-data.html.

"

Major

Medical Equipment"

shall have the meaning ascribed in Section 3 of the

Act.

"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 U.S.C. 1395).

"Modification

of an Application" or "Modification" means any change to an

application 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, 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.

"Moral

Turpitude" means conduct that has an inherent quality of baseness,

vileness, or depravity with respect to another person or society in general,

contrary to the accepted and customary rule of right and duty.  Examples

include rape, forgery, robbery, arson, counterfeiting and wrongful

solicitation.

"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"

shall have the meaning ascribed in Section

8.5(c) of the Act.

"Non-clinical

Service Area"

shall have the meaning ascribed in Section 3 of the Act

and wrongful

solicitation.

"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"

shall have the meaning ascribed in Section

8.5(c) of the Act.

"Non-clinical

Service Area"

shall have the meaning ascribed in Section 3 of the Act.

"Non-substantive

Projects" means construction or modification projects that are not

classified as substantive or emergency as defined in 77 Ill. Adm. Code 1110.20(b),

with a review period that shall not exceed 60 days (see Section 1130.610(b)).  Non-substantive

projects include capital projects which are "by or behalf of" a

health care facility and which exceed the capital expenditure minimum

threshold.

"Operational"

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

new health care 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.

"Out-of-State

Facility"

shall have the meaning ascribed in Section 3 of the Act.

"Permit" means

authorization to execute and complete a project related to a health care

facility, as reviewed, and approved by HFSRB.

"Permit Holder" means

all persons who own, operate or control, the owner or operator.  See Section

1130.220 to determine what parties are necessary to be a permit holder.

"Person"

shall have the meaning ascribed in Section 3 of the Act

.

"Post-permit'

or "Post-permit Period" means the time between HFSRB's final decision

for an application for permit or application for exemption up to and including

project completion.

"Proposal"

or "Project" means any proposed construction or modification of a

health care facility or any proposed acquisition of equipment to be undertaken

by an applicant

ning ascribed in Section 3 of the Act

.

"Post-permit'

or "Post-permit Period" means the time between HFSRB's final decision

for an application for permit or application for exemption up to and including

project completion.

"Proposal"

or "Project" means any proposed construction or modification of a

health care 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 health care facility or a person owning, directly

or indirectly, at least 50% of the health care facility;

owns,

directly or indirectly, at least 50% of the health care facility

; (Section

3 of the Act)

is otherwise

controlled or managed by one or more health care facilities or controls or

manages the health care facility;

otherwise

controls or manages the health care facility; or

is otherwise,

directly, or indirectly, under common management or control with one or more

health care facilities.

A related

person, as it relates to a change of ownership, means a

transaction in which

the parties to the transaction are under common control or ownership before and

after the transaction is complete

(e.g., subsidiaries, affiliates,

partners, etc.)

.

(Section 6(b) of the Act)

"Relinquishment of a Permit or

Exemption" means a voluntary and knowing abandonment of a permit or

exemption, forsaking all rights associated with that permit or exemption.  Once

relinquishment is granted by HFSRB, a permit or exemption is considered null

and void.  The Inventory will be modified, if affected by the permit

relinquishment, to the same status as prior to the permit or exemption issuance.

"Review

Period" means the time from the date an application for permit or

exemption is deemed complete by HFSRB staff until HFSRB renders its final

decision.

"Site"

shall have the meaning ascribed at 77 Ill. Adm. Code 1100.220

s considered null

and void.  The Inventory will be modified, if affected by the permit

relinquishment, to the same status as prior to the permit or exemption issuance.

"Review

Period" means the time from the date an application for permit or

exemption is deemed complete by HFSRB staff until HFSRB renders its final

decision.

"Site"

shall have the meaning ascribed at 77 Ill. Adm. Code 1100.220.

"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 entire 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.

"State

Board Staff Report"

shall have the meaning ascribed in Section 3 of

the Act.

"Stay"

or "Stayed" means an action to stop an administrative or legal

proceeding or the actions of a party.

"Substantially

Changes the Scope or Changes the Functional Operation of the Facility"

means:

the discontinuation

of a health care facility or category of service as defined in this Part;

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 77 Ill. Adm

icant 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 77 Ill. Adm. Code 1110;

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;

the addition

of a specialty not previously approved by HFSRB for an ambulatory surgical

treatment center (ASTC);

an increase of

more than three dialysis stations or more than 10% of the facility's total

number of dialysis stations, whichever is less, over a two-year period.  The

two-year period begins on the date the facility's additional stations are

certified.  When a permit is issued for additional stations or for the

establishment of an additional facility/service, the facility may not add any

more dialysis stations for two years from the date that such stations approved

in the permit are certified without obtaining an additional permit;

the

acquisition, construction, or leasing of space, buildings, or structures for

providing outpatient surgical services on a site or location that is not within

the licensed premises of the health care facility.  Outpatient surgical

services are those surgical procedures that are routinely performed in such

settings as a hospital or ambulatory surgical treatment center, or in any room

or area that is designed, equipped, and used for surgery, such as, but not

limited to, a surgical suite or special procedures room

a site or location that is not within

the licensed premises of the health care facility.  Outpatient surgical

services are those surgical procedures that are routinely performed in such

settings as a hospital or ambulatory surgical treatment center, or in any room

or area that is designed, equipped, and used for surgery, such as, but not

limited to, a surgical suite or special procedures room.  Outpatient surgical

services do not include those procedures performed as part of a physician's

private practice in examination or non-surgical treatment rooms; or

a capital

expenditure by a health care facility which meets a review threshold, or a

capital expenditure by another entity which will result in a direct or indirect

benefit to a health care facility, including capital expenditures by parent

corporations for the benefit of their health facility holdings.

"Substantially Complete"

means the application for permit or exemption contains the majority of the

required information and has been determined ready for a substantive review,

with the understanding that additional information may be needed for

clarification during the review period.

"Substantive Projects"

means projects limited to 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 exceeds the capital expenditure minimum, which shall be reviewed by

the Board within 120 days.

(Section 12(8)(a) of the Act)

Projects proposing a new

service within an existing healthcare facility or discontinuation of a service within

an existing healthcare facility, which shall be reviewed by the Board within 60

days

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

facility exceeds the capital expenditure minimum, which shall be reviewed by

the Board within 120 days.

(Section 12(8)(a) of the Act)

Projects proposing a new

service within an existing healthcare facility or discontinuation of a service within

an existing healthcare facility, which shall be reviewed by the Board within 60

days.

(Section 12(8)(b) of the Act)

Projects proposing a change in

the bed capacity of a health care 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

in the

Inventory

, whichever is less, over a 2-year period

. (Section 12(8)(c) of

the Act)

"Technical Assistance"

means help provided by an employee of HFSRB to a person, a health care facility

or the 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 correspondence,

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

tings, 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

.

(Sections 4.2 (a)

and (d) of the Act and Section 1130.225)

"Temporary

Suspension of Facility, Category of Service, or Surgical Service" means cessation

or interruption of a facility's operations, category of service, or surgical

service for only a limited period of time, with the intention to resume normal

operations as soon as feasible (see Section 1130.240(d)).  HFSRB shall only

provide two extensions for a temporary suspension.

"Vice

Chairman" means a person elected by a majority of HFSRB members to preside

over HFSRB meetings and assist as needed when the Chairman is unavailable. (See

Section 12(18) of the Act.)