HB2561ham001 104TH GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 4/2/2025

10400HB2561ham001 LRB104 09500 SPS 24573 a

AMENDMENT TO HOUSE BILL 2561

AMENDMENT NO. ______. Amend House Bill 2561 by replacing line 20 on page 3 through line 11 on page 4 with the following:

"(g) Any covenant not to compete or covenant not to solicit entered into after the effective date of this amendatory Act of the 104th General Assembly shall not be enforceable with respect to the provision of reproductive health care or maternity care by a health care professional in this State if (i) a medical practice or health care facility limits or eliminates maternal or reproductive health services or (ii) a medical practice or health care facility is purchased and the buyer limits or eliminates maternal or reproductive health services. In an action to enforce a covenant not to compete or covenant not to solicit entered into after the effective date of this amendatory Act of the 104th General Assembly, a medical practice or health care facility that has limited or eliminated maternal or reproductive health services and that is seeking to enforce the covenant not to compete or the covenant not to solicit, or the buyer of a medical practice or health care facility that limits or eliminates maternal or reproductive health services and that is seeking to enforce the covenant not to compete or the covenant not to solicit, has the burden of proving that it will not reduce the availability of reproductive health care or maternity care in this State within a 50-mile radius from the location of the medical practice or health care facility.

As used in this subsection:

"Health care facility" means (i) a hospital or hospital affiliate as those terms are defined in the Hospital Licensing Act or (ii) an ambulatory surgical treatment center as that term is defined in the Ambulatory Surgical Treatment Center Act.

"Health care professional", "maternity care", and "reproductive health care" have the meaning given to those terms in Section 1-10 of the Reproductive Health Act.".