Permit Alteration

Section 1130 TITLE 77: PUBLIC HEALTH CHAPTER II: HEALTH FACILITIES AND SERVICES REVIEW BOARD SUBCHAPTER b: OTHER BOARD RULES PART 1130 HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES SECTION 1130.750 PERMIT ALTERATION Section 1130.750  Permit Alteration 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 at dph.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 at dph.hfsrb@illinois.gov if 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 at dph.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 8½" 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 through dph.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).