Section 1130.560  HFSRB Action

a)         Action by Chairman

The Chairman, acting on behalf of HFSRB, shall review all applications for exemption and approve, deny, or refer the application or material change to HFSRB for review and action.

1)         The chairman shall act on an exemption application for a change of ownership among related persons within 45 days after HFSRB staff deems the application complete, provided the application includes the requisite information.  If the Board Chair has a conflict of interest or for other good cause, the Chair may request that the Board consider the application.  [20 ILCS 3960/8.5(a)]

2)         The Chair shall act upon an  exemption application for the discontinuation of a health care facility, discontinuation of a category of service, or change of ownership that is not among related persons after Board staff finds that the application is complete and includes the requested information.  The Chair may refer the application to the Board.

b)         Action by HFSRB

1)         HFSRB shall evaluate each application for exemption referred by the Chairman and either issue an exemption or advise the applicant or exemption holder in writing that the application is denied and is not in conformance with exemption requirements.  The number of affirmative votes for approval of an application for exemption is specified in the Act.  HFSRB shall approve an application for exemption that it determines to be in compliance with the requirements.  Exemptions will not be issued for projects that have failed to meet the applicable requirements of this Subpart. 

2)         HFSRB will defer consideration of an application for exemption when the application is the subject of litigation, until all litigation related to the application has been completed.

(Source:  Amended at 40 Ill. Reg. 14647, effective October 14, 2016)