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Public Act 099-0154 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Health Facilities Planning Act is | ||||
amended by changing Sections 6 and 8.5 as follows:
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(20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 6. Application for permit or exemption; exemption | ||||
regulations.
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(a) An application for a permit or exemption shall be made | ||||
to
the State Board upon forms provided by the State Board. This | ||||
application
shall contain such information
as the State Board | ||||
deems necessary. The State Board shall not require an applicant | ||||
to file a Letter of Intent before an application is filed. Such
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application shall include affirmative evidence on which the | ||||
State
Board or Chairman may make its decision on the approval | ||||
or denial of the permit or
exemption.
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(b) The State Board shall establish by regulation the | ||||
procedures and
requirements
regarding issuance of exemptions.
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An exemption shall be approved when information required by the | ||||
Board by rule
is submitted. Projects
eligible for an exemption, | ||||
rather than a permit, include, but are not limited
to,
change | ||||
of ownership of a health care facility , discontinuation of a |
category of service, and discontinuation of a health care | ||
facility, other than a health care facility maintained by the | ||
State or any agency or department thereof or a nursing home | ||
maintained by a county . For a change of
ownership of a health | ||
care
facility between related persons , the State Board shall | ||
provide by rule for an
expedited
process for obtaining an | ||
exemption in accordance with Section 8.5 of this Act . In | ||
connection with a change of ownership, the State Board may | ||
approve the transfer of an existing permit without regard to | ||
whether the permit to be transferred has yet been obligated, | ||
except for permits establishing a new facility or a new | ||
category of service.
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(c) All applications shall be signed by the applicant and | ||
shall be
verified by any 2 officers thereof.
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(c-5) Any written review or findings of the Board staff or | ||
any other reviewing organization under Section 8 concerning an | ||
application for a permit must be made available to the public | ||
at least 14 calendar days before the meeting of the State Board | ||
at which the review or findings are considered. The applicant | ||
and members of the public may submit, to the State Board, | ||
written responses regarding the facts set forth in the review | ||
or findings of the Board staff or reviewing organization. | ||
Members of the public shall have until 10 days before the | ||
meeting of the State Board to submit any written response | ||
concerning the Board staff's written review or findings. The | ||
Board staff may revise any findings to address corrections of |
factual errors cited in the public response. At the meeting, | ||
the State Board may, in its discretion, permit the submission | ||
of other additional written materials.
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(d) Upon receipt of an application for a permit, the State | ||
Board shall
approve and authorize the issuance of a permit if | ||
it finds (1) that the
applicant is fit, willing, and able to | ||
provide a proper standard of
health care service for the | ||
community with particular regard to the
qualification, | ||
background and character of the applicant, (2) that
economic | ||
feasibility is demonstrated in terms of effect on the existing
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and projected operating budget of the applicant and of the | ||
health care
facility; in terms of the applicant's ability to | ||
establish and operate
such facility in accordance with | ||
licensure regulations promulgated under
pertinent state laws; | ||
and in terms of the projected impact on the total
health care | ||
expenditures in the facility and community, (3) that
safeguards | ||
are provided which assure that the establishment,
construction | ||
or modification of the health care facility or acquisition
of | ||
major medical equipment is consistent
with the public interest, | ||
and (4) that the proposed project is consistent
with the | ||
orderly and economic
development of such facilities and | ||
equipment and is in accord with standards,
criteria, or plans | ||
of need adopted and approved pursuant to the
provisions of | ||
Section 12 of this Act.
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(Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)
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(20 ILCS 3960/8.5) | ||
(Section scheduled to be repealed on December 31, 2019) | ||
Sec. 8.5. Certificate of exemption for change of ownership | ||
of a health care facility; discontinuation of a health care | ||
facility or category of service; public notice and public | ||
hearing. | ||
(a) Upon a finding that an application for a change of | ||
ownership is complete, the State Board shall publish a legal | ||
notice on one day 3 consecutive days in a newspaper of general | ||
circulation in the area or community to be affected and afford | ||
the public an opportunity to request a hearing. If the | ||
application is for a facility located in a Metropolitan | ||
Statistical Area, an additional legal notice shall be published | ||
in a newspaper of limited circulation, if one exists, in the | ||
area in which the facility is located. If the newspaper of | ||
limited circulation is published on a daily basis, the | ||
additional legal notice shall be published on one day 3 | ||
consecutive days . The applicant shall pay the cost incurred by | ||
the Board in publishing the change of ownership notice in | ||
newspapers as required under this subsection. The legal notice | ||
shall also be posted on the Health Facilities and Services | ||
Review Board's web site and sent to the State Representative | ||
and State Senator of the district in which the health care | ||
facility is located. An application for change of ownership of | ||
a hospital shall not be deemed complete without a signed | ||
certification that for a period of 2 years after the change of |
ownership transaction is effective, the hospital will not adopt | ||
a charity care policy that is
more restrictive than the policy | ||
in effect during the year prior to the transaction. An | ||
application for a change of ownership need not contain signed | ||
transaction documents so long as it includes the following key | ||
terms of the transaction: names and background of the parties; | ||
structure of the transaction; the person who will be the | ||
licensed or certified entity after the transaction; the | ||
ownership or membership interests in such licensed or certified | ||
entity both prior to and after the transaction; fair market | ||
value of assets to be transferred; and the purchase price or | ||
other form of consideration to be provided for those assets. | ||
The issuance of the certificate of exemption shall be | ||
contingent upon the applicant submitting a statement to the | ||
Board within 90 days after the closing date of the transaction, | ||
or such longer period as provided by the Board, certifying that | ||
the change of ownership has been completed in accordance with | ||
the key terms contained in the application. If such key terms | ||
of the transaction change, a new application shall be required. | ||
Where a change of ownership is among related persons, and | ||
there are no other changes being proposed at the health care | ||
facility that would otherwise require a permit or exemption | ||
under this Act, the applicant shall submit an application | ||
consisting of a standard notice in a form set forth by the | ||
Board briefly explaining the reasons for the proposed change of | ||
ownership. Once such an application is submitted to the Board |
and reviewed by the Board staff, the Board Chair shall take | ||
action on an application for an exemption for a change of | ||
ownership among related persons within 45 days after the | ||
application has been deemed complete, provided the application | ||
meets the applicable standards under this Section. If the Board | ||
Chair has a conflict of interest or for other good cause, the | ||
Chair may request review by the Board. Notwithstanding any | ||
other provision of this Act, for purposes of this Section, a | ||
change of ownership among related persons means a transaction | ||
where the parties to the transaction are under common control | ||
or ownership before and after the transaction is completed. | ||
Nothing in this Act shall be construed as authorizing the | ||
Board to impose any conditions, obligations, or limitations, | ||
other than those required by this Section, with respect to the | ||
issuance of an exemption for a change of ownership, including, | ||
but not limited to, the time period before which a subsequent | ||
change of ownership of the health care facility could be | ||
sought, or the commitment to continue to offer for a specified | ||
time period any services currently offered by the health care | ||
facility. | ||
(a-3) Upon a finding that an application to close a health | ||
care facility is complete, the State Board shall publish a | ||
legal notice on 3 consecutive days in a newspaper of general | ||
circulation in the area or community to be affected and afford | ||
the public an opportunity to request a hearing. If the | ||
application is for a facility located in a Metropolitan |
Statistical Area, an additional legal notice shall be published | ||
in a newspaper of limited circulation, if one exists, in the | ||
area in which the facility is located. If the newspaper of | ||
limited circulation is published on a daily basis, the | ||
additional legal notice shall be published on 3 consecutive | ||
days. The legal notice shall also be posted on the Health | ||
Facilities and Services Review Board's web site and sent to the | ||
State Representative and State Senator of the district in which | ||
the health care facility is located. | ||
(a-5) Upon a finding that an application to discontinue a | ||
category of service is complete and provides the requested | ||
information, as specified by the State Board, an exemption | ||
shall be issued. No later than 30 days after the issuance of | ||
the exemption, the health care facility must give written | ||
notice of the discontinuation of the category of service to the | ||
State Senator and State Representative serving the legislative | ||
district in which the health care facility is located. | ||
For the purposes of this subsection, "newspaper of limited | ||
circulation" means a newspaper intended to serve a particular | ||
or defined population of a specific geographic area within a | ||
Metropolitan Statistical Area such as a municipality, town, | ||
village, township, or community area, but does not include | ||
publications of professional and trade associations.
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(b) If a public hearing is requested, it shall be held at | ||
least 15 days but no more than 30 days after the date of | ||
publication of the legal notice in the community in which the |
facility is located. The hearing shall be held in a place of | ||
reasonable size and accessibility and a full and complete | ||
written transcript of the proceedings shall be made. The | ||
applicant shall provide a summary of the proposal proposed | ||
change of ownership for distribution at the public hearing.
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(c) For the purposes of this Section "newspaper of limited | ||
circulation" means a newspaper intended to serve a particular | ||
or defined population of a specific geographic area within a | ||
Metropolitan Statistical Area such as a municipality, town, | ||
village, township, or community area, but does not include | ||
publications of professional and trade associations. | ||
(Source: P.A. 98-1086, eff. 8-26-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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