a)
Applicability
1) Any change to a permit may
constitute an alteration. Some alterations only require written notification to
HFSRB. Some alterations require HFSRB approval, and some alterations are
prohibited.
2) A permit holder
shall report any alteration to HFSRB before the alteration is commenced. This
notification shall be in writing or electronically
atdph.hfsrb@illinois.gov.
3) The
alteration requirements are applicable only to projects that are not
complete.
4) Alterations are valid
only for the projects defined and approved in the permit.
5) A permit can be altered any time between
the date of permit issuance and project completion.
6) All alterations requiring HFSRB action
shall be reviewed and approved on a cumulative basis. More than one alteration
can be reviewed and approved during the life of a project; however, the limits
on alterations shall be applied cumulatively for a single permit. (See
subsection (c).)
b)
Alteration timeframes
1) A proposed alteration
that does not require HFSRB approval (as stipulated in subsection (c)) must be
submitted to the Administrator at least 10 business days prior to the
commencement of the alteration.
A) The
Administrator (with assistance from HFSRB staff) shall review the alteration
notice and determine within the 10 business days referenced in subsection
(b)(1) as to whether the alteration request requires review and approval from
HFRSB as delineated in subsections (c) and (d).
B) The Administrator shall notify the permit
holder in writing or electronically atdph.hfsrb@illinois.govif the alteration
does (or does not) require review and approval from HFSRB.
2) Alterations requiring HFSRB approval shall
be submitted to the Administrator at least 45 days prior to the project
completion date. An application processing fee shall accompany this request
(see Section
1130.230(i)(6)(A)).
3) A permit holder can submit an alteration
request to the Administrator less than 45 days prior to the project completion
date. However, this request requires an additional application processing fee
(see Section
1130.230(i)(6)(B)).
4) An alteration request which results in an
increase in the total project cost will be assessed a project fee (see Section
1130.230(i)(2)(B))
minus the original project fee that was paid when the application was deemed
complete and minus any fee that was paid from a previous alteration request.
Any fee paid pursuant to this subsection is not subject to the maximum
application fee referenced in Section
1130.230(i)(2)(C).
5) HFSRB review of a permit alteration
request shall not commence until the required fee has been submitted.
c) Limits on Allowable Alterations
Requiring HFSRB Approval
The cumulative effect of alterations to a project shall not
exceed the following:
1) a change in
the approved number of beds or stations, provided that the change would not
independently require a permit or exemption from HFSRB;
2) abandonment of a category of service
established under the permit;
3)
any increase in the square footage of the project up to 10% of the approved
gross square footage;
4) any
decrease in square footage greater than 10% of the project;
5) any increase in the cost of the project
not to exceed 10% of the total project cost. The alteration may exceed the
capital expenditure minimum in place when the permit was issued, if it does not
exceed 10% of the total project cost;
6) any increase in the amount of funds to be
borrowed for those permit holders that have not documented a bond rating of
"A-" or better from Fitch's or Standard and Poor's rating agencies, or A3 or
better from Moody's. The rating shall be affirmed within the latest 18- month
period prior to the submittal of the application.
d) Prohibited Alterations
Notwithstanding the provisions of subsection (c), the
following alterations are not allowed and, if incurred, invalidate the
permit:
1) an increase in the total
project cost that exceeds 10% of the permit amount;
2) an increase in the project's gross square
footage that exceeds 10% of the project's approved gross square footage, unless
that increase is required by local, State, or federal building or life safety
requirements that were not in effect at the time of permit issuance;
3) any other change in the project's scope or
funding that would independently require a CON permit or exemption.
e) Alteration Procedures
1) Written Notification
A) The permit holder shall notify the
Administrator (within the timeframe stipulated at subsections (d)(2) or (3) of
this Section) in writing or by electronic means atdph.hfsrb@illinois.gov of any
alteration to a project. The notice shall include a description of the
alteration and related costs (if any) and shall address all applicable review
criteria related to the alteration if the alteration requires HFSRB approval.
HFSRB staff shall review the alteration request for compliance with the review
criteria and submit its findings to HFSRB. If additional information is needed
by HFSRB staff to review the request, the permit holder shall be
notified.
B) Requests that are
submitted in writing shall be submitted to the HFSRB on 81/2" by 11"
paper.
C) All alteration requests
shall be submitted within the allowable time frames established in subsection
(b).
2) Compliance with
77 Ill. Adm. Code
1110 and
1120
A request for alteration reviewed by HFSRB is subject to the
provisions of 77 Ill. Adm. Code 1110 and 1120 that are applicable to the
project. The components and any proposed alterations to a project that would,
when taken as a separate component, require a permit under the Act shall not be
subject to review under this Section but shall require a new application for a
permit.
3) HFSRB Staff
Review
A) HFSRB staff shall review the permit
alteration request and prepare a report of its findings.
B) If the permit alteration request is in
conformance with all applicable HFSRB criteria, the HFSRB staff's findings are
positive, and this is the first permit alteration request for the project, the
request and related documentation shall be sent to the Chairman. If the
Chairman is unavailable, the application and related documentation will be sent
to the Vice Chairman.
C) If the
permit alteration request is not in conformance with all applicable HFSRB
criteria or the HFSRB staff's findings are not positive, or if this is not the
first permit alteration request for this project, the request and related
documentation shall be sent to the HFSRB.
4) HFSRB Chairman Review and Consideration
A) After receipt of the alteration request,
the Chairman shall:
i) approve the request;
or
ii) deny the request;
or
iii) refer the request to
HFSRB.
B) HFSRB staff
shall provide written correspondence to the permit holder of the Chairman's
determination throughdph.hfsrb@illinois.gov.
5) HFSRB Review and Consideration
A) If the permit alteration request is
referred to the HFSRB, it shall be scheduled for the HFSRB meeting that is at
least 10 days from the date the request was referred to the HFSRB.
B) After receipt of the permit alteration
request, HFSRB shall:
i) approve the request;
or
ii) deny the request.
C) HFSRB staff shall provide
written correspondence to the permit holder of HFSRB's determination through
dph.hfsrb@illinois.gov.
6) If the permit alteration request is denied
(either by the Chairman or HFSRB), the permit holder shall be afforded an
opportunity for reconsideration through HFSRB's Declaratory Ruling process (see
Section
1130.810).
7) Inventory and Permit Amount Adjustments
Upon approving a request for alteration, HFSRB will revise
the permit to reflect the alteration and shall adjust all inventories
accordingly. If a permit holder increases or reduces the scope or size of the
project, the permit amount shall be adjusted accordingly.
8) Applicable Penalties
Any alteration undertaken without prior HFSRB notice or
notice and approval (when required) shall be considered a violation of the Act
and/or of subsection (a)(1) of this Section and shall subject the permit or
exemption holder to fines, permit revocation (see Section
1130.780), penalties and
sanctions in the Act (see Section
14.1 of the Act and Section
1130.790).
