Section 1235.310  Request for Opinion – Completeness Review

a)         A request for an advisory opinion must be made by a health care worker, in writing, on forms prescribed by the State Board and submitted to the State Board at 525 West Jefferson Street, 2^nd Floor, Springfield IL 62761.

b)         The request must contain the following information in order to be complete:

1)         The name and identifying information of the health care worker requesting the opinion;

2)         Identification of the entity and description of the health care services being provided or proposed by or through the entity;

3)         The type and amount of existing or proposed investment interest in the entity;

4)         A description of the nature of the investment interest and copies of any existing or proposed documents between the health care worker and the entity, including leases, contracts, organizational documents, etc.

5)         Certification and notarized signature of the health care worker requesting the opinion that the information contained in the request for opinion and supporting documentation is true and correct to the best of his or her information and belief.

c)         Board staff shall review the request to determine whether all required information has been submitted.  Board staff may request the health care worker to submit additional information.

d)         Board staff shall determine whether the request is substantially complete within 10 days after receiving the request for advisory opinion.  

e)         A health care worker may submit additional information to the State Board for a request for advisory opinion that has been deemed incomplete.  Board staff shall re-evaluate the request for completeness based upon the additional information received.  Any incomplete request for advisory opinion that is not complete within 30 days after a State Board determination shall be considered withdrawn.

f)         All information submitted in conjunction with a request for advisory opinion shall be considered public information and shall be subject to disclosure in conformance with the provisions of the Freedom of Information Act [5 ILCS 140] and 2 Ill. Adm. Code 1925.

(Source:  Amended at 41 Ill. Reg. 15310, effective December 5, 2017)