Senate Sponsors: WATSON-O'DANIEL-REA-LUECHTEFELD, CLAYBORNE AND BOWLES. House Sponsors: WOOLARD-BOST-JONES,JOHN-MITCHELL,BILL Short description: HLTH FACLTY PLAN-TITLE-TECH Synopsis of Bill as introduced: Amends the Illinois Health Facilities Planning Act by making technical changes to the short title Section. SENATE AMENDMENT NO. 1. Deletes reference to: 20 ILCS 3960/1 Adds reference to: 20 ILCS 3960/13.5 new 20 ILCS 3960/13.9 new 20 ILCS 3960/13.10 new 20 ILCS 3960/13.15 new 20 ILCS 3960/13.20 new 20 ILCS 3960/13.25 new 20 ILCS 3960/13.30 new 20 ILCS 3960/13.35 new 740 ILCS 10/5 from Ch. 38, par. 60-5 Deletes everything. Amends the Illinois Health Facilities Planning Act by creating a new series of Sections dealing with health care cooperative agreements. Provides that the General Assembly finds that regulation may help to restore access to quality health care in some areas of the State. Describes the types of areas to which the legislation applies. Provides that where the law applies, 2 or more health care providers may enter into agreements concerning the allocation of health care equipment and services among those providers with immunity from civil and criminal liability under the Illinois and federal antitrust Acts. States goals that the agreements must be designed to achieve. Provides that the Health Facilities Planning Board ("State Board") may approve the agreements and may rescind approval if certain conditions have not been met. Provides that the Attorney General may proceed with criminal or civil liability actions under the Illinois Antitrust Act against health care providers who have exceeded the scope of the actions authorized by this amendatory Act. Amends the Illinois Antitrust Act. Provides that the Act does not prohibit health care providers and their boards, officers, and employees from negotiating, entering into, and implementing cooperative agreements approved by the State Board. SENATE AMENDMENT NO. 2. Adds reference to: 30 ILCS 105/5.490 new Deletes everything. Reinserts the provisions of Senate Amendment No. 1. Provides that for the purposes of the provisions concerning health care provider cooperative agreements, "health care providers" include any individual or institution licensed by the State under the Medical Practice Act of 1987 or the Hospital Licensing Act. Provides that health care providers may enter into cooperative agreements concerning the allocation of health care equipment or services among themselves for the provision of major medical procedures (now, the agreements may concern the allocation of health care equipment or services). Requires the Attorney General (instead of the Health Facilities Planning Board) to approve cooperative agreements. Requires applications for approval to contain a statement of how the benefits of the agreement will outweigh any negatives and a statement of any consideration received or to be received under the agreement. Provides that application fees shall be deposited into the Attorney General Health Care Cooperative Agreement and Antitrust Enforcement Fund in the State treasury. Provides that moneys in the fund may be used by the Attorney General for any function necessary to exercise his or her duties under the Act. Requires that a copy of the application submitted to the Attorney General must be submitted to the Health Facilities Planning Board ("State Board"). Requires the State Board to hold a public hearing and make recommendations on the appli- cation. Requires annual (instead of periodic) review of the coopera- tive agreements. Authorizes the Attorney General to use the Attorney General's subpoena and investigative powers to facilitate review of applications and reports and to investigate violations of the pro- visions concerning cooperative agreements. Makes other changes. Amends the State Finance Act to create the Attorney General Health Care Cooperative Agreement and Antitrust Enforcement Fund. HOUSE AMENDMENT NO. 1. Deletes reference to: 30 ILCS 105/490 new Adds reference to: 20 ILCS 3960/13.40 new 20 ILCS 3960/13.45 new 20 ILCS 3960/13.50 new 20 ILCS 3960/13.55 new 20 ILCS 3960/13.60 new 20 ILCS 3960/13.65 new 20 ILCS 3960/13.70 new 20 ILCS 3960/13.75 new 20 ILCS 3960/13.80 new Deletes everything. Amends the Illinois Health Facilities Planning Act. Authorizes health care cooperative agreements that are not subject to antitrust laws. Provides that the Illinois Health Facilities Planning Board ("State Board") shall issue a written deci- sion regarding an application for a permit to enter a cooperative agreement and that the decision shall contain specified findings of fact. Provides that appeals of State Board decisions are subject to the terms of the Administrative Review Law. Provides that the State Board shall accept no permit applications under these amendatory provisions after June 30, 2001. Provides that the State Board shall supervise, monitor, and regulate approved agreements. Provides that the State Board shall periodically review existing permits. Provides the Board may revoke an agreement if specified conditions exist. Pro- vides the State Board shall keep records of all existing agreements. Provides the Act does not provide immunity for non-approved agree- ments in violation of antitrust laws. Provides that the Attorney Gen- eral may institute antitrust proceedings where parties to an agreement have exceeded the scope of activities permitted by the Act. Provides the State Board shall adopt rules for implementation of the Act. Provides the State Board may conduct a hearing to determine whether an agreement complies with the Act. HOUSE AMENDMENT NO. 2. Deletes reference to: 20 ILCS 3960/13.5 new 20 ILCS 3960/13.9 new 20 ILCS 3960/13.10 new 20 ILCS 3960/13.15 new 20 ILCS 3960/13.20 new 20 ILCS 3960/13.25 new 20 ILCS 3960/13.30 new 20 ILCS 3960/13.35 new 20 ILCS 3960/13.40 new 20 ILCS 3960/13.45 new 20 ILCS 3960/13.50 new 20 ILCS 3960/13.55 new 20 ILCS 3960/13.60 new 20 ILCS 3960/13.65 new 20 ILCS 3960/13.70 new 20 ILCS 3960/13.75 new 20 ILCS 3960/13.80 new 740 ILCS 10/5 Adds reference to: 20 ILCS 3960/1 from Ch. 111 1/2, par. 1151 Deletes everything. Amends the Health Facilities Planning Act by making technical changes to the short title Section. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 2 END OF INQUIRY Full Text Bill Status