Ill. Admin. Code tit. 77, § 1130.230 - Fees
a) HFSRB staff
shall charge and collect an amount determined by the State Board
and its staff. The State Board shall set
amounts by rule. Application fees for continuing care
retirement communities and other health care models that include regulated and
unregulated components, shall apply only to those components subject to
regulation under this Act. All fees and fines collected under the Act shall be
deposited into the Illinois Health Facilities Planning Fund to be used for the
expenses of administering the Act. (Section 12.2(2)
of the Act)
b) A fee shall be
assessed on all matters requiring an application fee (as detailed in other
Sections of this Part), except for the following:
1) projects classified as emergency;
or
2) projects that are not subject
to a fee in accordance with the provisions of Subpart E.
c) Fee payment shall be by check or money
order made payable to the Illinois Department of Public Health.
d) Any matter requiring an application fee
shall be declared null and void if payment of the total fee has not been
received by HFSRB staff within 30 days after notice of the amount due has been
received by an applicant or person requesting action from HFSRB.
e) No action shall be taken by HFSRB on any
matter requiring an application fee for which the total required fee has not
been received.
f) Fee payments are
not refundable and may be recovered in full or in part only by petitioning the
Illinois Court of Claims for recovery. (See 705 ILCS 505.)
g) Appeal of any required fee amount is to be
made to HFSRB, pursuant to Section
1130.810.
h) Types of Fees
1) Exemption Application Fee
A) Exemptions, other than an exemption for a
change of ownership, shall be assessed an application fee of $5,000.
B) An exemption application for a change of
ownership of a health care facility between related persons (as defined in
Section 1130.140) shall be assessed an
application fee of $5,000.
C) All
other exemption applications for a change of ownership of a health care
facility shall be assessed an application fee of the greater of $5,000 or .22%
of the fair market value of the transaction.
D) For projects referenced in subsection
(h)(1)(C), the application fee shall not exceed $150,000.
2) CON Permit Application Fee
A) All applicants, except those with projects
that are not subject to a fee, are required to submit an application fee. An
initial fee of $5,000 shall accompany each application for permit submitted to
HFSRB. When an application is deemed complete, the full amount of the fee shall
be determined.
B) Following the
determination of estimated total project costs, the application fees are
calculated as follows. For each project having a total estimated project cost
of:
i) less than $2,250,000, the application
fee shall be $5,000;
ii) at or
above $2,250,000, the application fee shall be 0.22% of the project
costs.
C) The
application fee shall not exceed $150,000.
D) Any modification to an application,
extension of financial commitment, permit alteration, permit renewal, and
permit relinquishment, as referenced in subsections 3-6 of this Section, shall
be assessed an additional fee notwithstanding the application fee referenced in
Section 1130.230(h)(2)(C).
E) Once an application is deemed complete,
notice for any additional fee balance due will be sent to the applicant. Notice
can be sent via electronic means atdph.hfsrb@illinois.gov. An applicant will
have 30 days (from the date of the notification) to pay the fee. An application
may be declared null and void if the total application fee has not been paid
within 30 days after receipt of notice.
3) Modification of an Application for Permit
A) If a modification of an application for
permit results in an increase in the total estimated project cost, the
application fee shall be recalculated based on the revised estimated project
cost. If the recalculation results in an additional fee, the applicant will be
notified. Notification can be sent via electronic means
atdph.hfsrb@illinois.gov. The applicant will have 30 days (from the date of the
notification) to pay the additional fee. If the additional fee is not received
within this 30-day timeframe, the application may be deemed null and
void.
B) If a modification results
in the need for an additional notification of opportunity for public hearing,
an additional fee of $4,000 will be assessed.
4) Extension of Financial Commitment
A) An extension request shall be submitted to
the Administrator at least 45 days prior to the financial commitment date and
shall be assessed a $1,000 fee.
B)
An extension request that is submitted to the Administrator less than 45 days
prior to the financial commitment date shall be assessed an additional $500
late fee.
5) Permit
Renewal
A) A permit renewal request shall be
submitted to the Administrator at least 45 days prior to the project completion
date and shall be assessed a $1,000 fee.
B) A permit renewal request that is submitted
to the Administrator less than 45 days prior to the project completion date
shall be assessed an additional $500 late fee.
6) Permit Alterations
A) An alteration request shall be submitted
to the Administrator at least 45 days prior to the project completion date and
assessed a fee. For an alteration request that does not increase the total
project cost, the fee shall be $1,000. For an alteration request that increases
the total project cost, the fee shall be the greater of $1,000 or .22% of the
increase in the total project cost. In no event shall the fee exceed
$50,000.
B) If HFSRB does not
receive the alteration request at least 45 days prior to the project completion
date, the application will be assessed an additional $500 late fee.
7) Relinquishment of a Permit or
Exemption
A) Any relinquishment undertaken
without prior HFSRB approval shall be considered a violation of the Act and
shall be subject to the sanctions and penalties in Section
14.1 of the Act and in Section
1130.790.
B) A request for relinquishment shall be
assessed an fee of $1,000.
Notes
Amended at 37 Ill. Reg. 6227, effective June 1, 2013
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
a) HFSRB staff shall charge and collect an amount determined by HFSRB and its staff to be reasonable fees for processing of the applications by HFSRB. HFSRB shall set amounts by rule (see subsection (h)). Application fees for continuing care retirement communities and other health care models that include regulated and unregulated components shall apply only to those components subject to regulation under the Act . All fees and fines collected under the Act shall be deposited into the Illinois Health Facilities Planning Fund to be used for the expenses of administering the Act . [20 ILCS 3960/12.2 ]
b) A fee shall be assessed on all matters requiring an application-processing fee (as detailed in other Sections of this Part), except for the following:
1) projects classified as emergency ; or
2) projects that are not subject to a fee in accordance with the provisions of Subpart E.
c) Fee payment shall be by check or money order made payable to the Illinois Department of Public Health.
d) Any matter requiring an application processing fee shall be declared null and void if payment of the total fee has not been received by HFSRB staff within 30 days after notice of the amount due has been received by an applicant or person requesting action from HFSRB.
e) No action shall be taken by HFSRB on any matter requiring an application processing fee for which the total required fee has not been received.
f) Fee payments are not refundable and may be recovered in full or in part only by petitioning the Illinois Court of Claims for recovery.
g) Appeal of any required fee amount is to be made to HFSRB, pursuant to Section 1130.810.
h) Types of Fees
1) Exemption Application Processing Fee
The exemption application processing fee shall be $2,500.
2) CON Permit Application Processing Fee
A) All applicants, except those with projects that are not subject to a fee, are required to submit an application processing fee. An initial fee deposit of $2,500 shall accompany each application for permit submitted to HFSRB. When an application is deemed complete, the full amount of the fee shall be determined.
B) HFSRB staff shall charge and collect an amount determined by the State Board and the staff to be reasonable fees for the processing of applications by the State Board. Application fees for continuing care retirement communities and other health care models that include regulated and unregulated components shall apply only to those components subject to regulation under the Act . [20 ILCS 3960/12.2 ]
C) Following the determination of estimated total project costs, the CON application processing fees are calculated as follows. For each project having a total estimated project cost of:
i) less than $1,250,000, the application fee shall be $2,500;
ii) at or above $1,250,000, the application fee shall be 0.22 % of the project costs.
D) The maximum application fee shall not exceed $100,000.
E) Once an application is deemed complete, written notice for any additional fee balance due will be sent to the applicant . Applications shall be declared null and void if the total application fee has not been paid within 30 days after receipt of notice.
3) Modification of an Application for Permit
A) If a modification of an application for permit results in an increase in the total estimated project cost, the application processing fee shall be recalculated on the basis of the revised estimated project cost. This Section is applicable with respect to any additional fees required for a modified application.
B) If a modification results in the need for an additional notification of opportunity for public hearing, then an additional fee of $2,000 will be assessed.
4) Request for Extension of Financial Commitment
A) A request for extension shall be assessed a $500 application-processing fee and is subject to the requirements of this subsection (h).
B) A request for extension that HFSRB receives less than 45 days prior to the permit financial commitment date shall be subject to an additional $500 late application-processing fee.
C) HFSRB will not process an extension request until it receives the application-processing fee.
5) Permit Renewal
A permit renewal request shall be assessed a $500 application-processing fee and is subject to the requirements of this subsection (h). Permit renewal requests that are not received at least 45 days prior to the expiration date of the permit shall be subject to an additional $500 late application-processing fee. HFSRB will not process a permit renewal request until it receives the application-processing fee. Any renewal request HFSRB receives after the completion date is subject to the fines provided in the
6) Post-Permit Alterations
A) An alteration request shall be assessed an application processing fee of $1,000 and is subject to the requirements of this Section.
B) If HFSRB does not receive the alteration request at least 45 days before the permit expires, the application will be assessed an additional $500 late application-processing fee.
7) Relinquishment of a Permit or Exemption
A) Any relinquishment undertaken without prior HFSRB approval shall be considered a violation of the Act and shall be subject to the sanctions and penalties in the Act and in Section 1130.790.
B) A request for relinquishment shall be assessed an application processing fee of $1,000.
Notes
Amended at 37 Ill. Reg. 6227, effective June 1, 2013