Illinois requires CONs within five broad categories—hospital beds, beds outside hospitals, equipment, facilities and services. Of the state’s 59 independent CON requirements, 33 apply to different types of services. Additionally, Illinois maintains 10 specific facility CON requirements and bolsters its robust program with three catch-all CON requirements for facilities. That is, if no specific CON applies, catch-all CONs are required if: (1) a hospital proposes a project that will cost more than $13,743,450; (2) a long-term care facility proposes any project that will cost more than $7,768,030; or (3) any other facility proposes any project that will cost more than $3,585,250. See 77 Ill. Admin. Code §1130.310(a)(1); 20 ILCS 3960/3.

COVID-19 Response

As of May 15, 2020, Governor Pritzker had not suspended CON requirements in response to COVID-19. The Health Facilities and Services Review Board (Board), however, indicated that an emergency rule allowing the temporary addition of beds was in effect during the COVID-19 pandemic. See Board, Frequently Asked Questions and Answers for Health Care Facilities (Apr. 20, 2020). Under the emergency rule, healthcare facilities can temporarily increase bed capacity to accommodate extraordinary needs due to pandemics or other disasters so long as they provide written notice to the Board within 30 days of the decision to increase capacity. See 77 Ill. Adm. Code § 1130.240(f)(4)(A).

Application Process

In Illinois, the CON application process takes up to 120 days. 20 ILCS 3960/6.2. Applications can be submitted at any time. The non-refundable fee for a CON application ranges from $2,500 up to $100,000 depending on the cost of the proposed project. 77 Ill. Admin. Code § 1130.230(h)(2)(C)-(D). Competitors can request public hearings, at which they can offer evidence and argument as to why an application should be denied. 20 ILCS 3960/6.2.

CON? Number of CONs Moratoria Temporary COVID-19 response:
Hospital Beds Yes 2 Preexisting regulations
Beds Outside Hospitals Yes 13 Preexisting regulations
Equipment Yes 1 No action
Facilities/ Buildings Yes 10 No action
Services Yes 33 No action
Emergency Medical Transport No