Ill. Admin. Code tit. 77, § 1130.620 - Classification, Completeness Review, and Review Procedures

a) Classification of an Application

An application for permit shall be classified as substantive, non-substantive, or emergency (see 77 Ill. Adm. Code 1110.20).

b) Application Submission and Completeness Review

1) Applicants are required to submit an application that addresses all applicable review criteria and required supporting documentation (as defined in 77 Ill. Adm. Code 1100, 1110, 1120, and 1125). Applications are available at https://hfsrb.illinois.gov/con-program.html. Applications shall be submitted to HFSRB at 525 West Jefferson Street, 2^ndFloor, Springfield, IL 62761 or electronically atdph.hfsrb@illinois.gov.

2) If an application is submitted electronically to HFSRB, the electronic signature of the authorized representative shall fulfill the signature and certification requirements of the Uniform Electronic Transactions Act and Section 1130.140.

3) Within 10 business days after receiving an application for permit, HFSRB staff shall determine whether the application is substantially complete and ready to be reviewed for compliance with applicable review criteria and standards. The completeness review shall be conducted with the understanding that additional information may be necessary during the staff-review period for criteria compliance, to further clarify or explain statements or data in the application. An application for any project shall be deemed complete if all the following have been met:

A) all review criteria applicable to the project have been addressed, including the Safety Net Impact Statement (see 77 Ill. Adm. Code 1110.110(c)). The Safety Net Impact Statement requirement does not apply to skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act (see Section 5.4(a) of the Act);

B) the required fee (see Section 1130.230) has been submitted;

C) the number of copies required by the application form have been submitted and the format prescribed by the application form has been followed;

D) all annual progress reports on previously approved projects for the facility and/or applicants have been submitted;

E) all required information concerning completion of previously approved projects for the facility and/or applicants has been submitted;

F) the cost of the equipment to be acquired has been provided if the project contains major medical equipment;

G) all persons who are applicants have been identified and the applicants that hold the license and that will operate the facility have provided documentation from the Illinois Secretary of State that the applicant is registered to conduct business in Illinois and is in good standing or, if the applicant is not required to be registered to conduct business in Illinois, evidence of authorization to conduct business in other states;

H) all HFSRB requests and questionnaires for information or data for all Illinois facilities owned or operated by any applicant, such as but not limited to the Annual Hospital or Long-term Care Questionnaire (77 Ill. Adm. Code 1100.60 and 1100.70), Cancer Registry (77 Ill. Adm. Code 840.110(d) and 840.115(i)), and Adverse Pregnancy Outcomes Reporting System (77 Ill. Adm. Code 840.210(a)) have been received and are complete;

I) any pending litigation involving the applicant and/or facility have been identified;

J) any adverse actions taken against the applicant by the federal government, licensing or certifying bodies, or any other agency of the State of Illinois against any health care facility owned or operated by the applicant, directly or indirectly, within three years preceding the filing of the application have been identified;

K) the applicant has verified that compliance requirements with all existing permits approved by HFSRB have been fulfilled;

L) compliance with the Flood Plain Rule under Illinois Executive Order #2006-05 has been documented;

M) compliance with the requirements of the Illinois State Agency Historic Resources Preservation Act has been documented; and

N) the site for the project has been identified.

4) An application shall be deemed incomplete if any of the elements described in subsection (c)(3) are missing or if additional information or documentation is required to clarify a response. Failure to address an applicable criterion or to respond that an applicable criterion does not apply to the proposed project shall be a basis for deeming the application incomplete.

5) If an application fails to include any of the elements described in subsection (c)(3) or if additional information or documentation is required to clarify a response, the application shall not be scheduled for consideration by HFSRB until the required information is submitted and accepted.

6) Applications received by HFSRB staff after 8:30 a.m. shall be deemed as being received the following business day.

7) During the completeness review period, HFSRB shall notify the applicant in writing or by electronic means atdph.hfsrb@illinois.gov of whether the application is substantially complete and, in the case of an incomplete application, the reasons the application is incomplete.

8) If the application is complete, the completion date shall initiate the review period. If the application is incomplete, the applicant shall be allowed 45 days after notification to provide all necessary information to complete the application. Upon receiving all requested information, HFSRB staff shall again review the application for completeness and shall notify the applicant of its decision. If HFSRB staff finds the application remains incomplete at the end of the 45-day response period, the application shall be declared null and void, and all fees paid forfeited.

HFSRB NOTE: The applicant is responsible for assuring that HFSRB receives the requested information within the prescribed time frame.

c) Review Procedures

1) All applications will be reviewed and evaluated for conformance with the applicable review criteria in effect at the time the application is deemed complete.

2) Each application will be reviewed on an individual sitebasis and no comparative review of applications will occur.

3) Applications for permit shall be subject to the need figures set forth in the most recent update to the Inventory of Health Care Facilities and Services and Need Determinations as adjusted by HFSRB decisions in effect prior to the date HFSRB acts on the application. HFSRB action includes approval, issuance of an intent to deny, or denial of an application.

4) All applications except emergency applications are subject to the public hearing requirements of the Act. All evidence submitted at a public hearing shall be considered in the determination of compliance or noncompliance of an application with applicable review criteria.

Notes

Ill. Admin. Code tit. 77, § 1130.620

Amended at 37 Ill. Reg. 6227, effective June 1, 2013

Amended at 39 Ill. Reg. 6347, effective 6/1/2015 Amended at 40 Ill. Reg. 14647, effective 10/14/2016 Amended at 49 Ill. Reg. 8366, effective 7/1/2025