Sen. Ira I. Silverstein
Filed: 5/20/2004
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 779




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    AMENDMENT NO. ______. Amend House Bill 779 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Health Facilities Planning Act is 
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amended  by changing Section 6 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    (Section scheduled to be repealed on July 1, 2008)

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    Sec. 6. Application for permit or exemption; exemption 
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regulations. 

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    (a) An application for a permit or exemption shall be made 
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to
the State Board upon forms provided by the State Board.  This 
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application
shall contain such information
as the State Board 
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deems necessary. Such
application shall include affirmative 
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evidence on which the Director may
make the findings required 
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under this Section and upon which the State
Board may make its 
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decision on the approval or denial of the permit or
exemption.

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    (b) The State Board shall establish by regulation the 
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procedures and
requirements
regarding issuance of exemptions.

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An exemption shall be approved when information required by the 
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Board by rule
is submitted. In the case of change of ownership 
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of a hospital, the State Board shall provide by rule for a 
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certificate of exemption review process that includes 
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consideration of the following, without limitation: (1) a 
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capitalization plan and other appropriate documentation 
 


 






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supporting the hospital's continued financial viability after 
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the proposed change of ownership; (2) the impact of the 
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proposed change of ownership on the delivery of community 
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benefits and charity care to the hospital's service area; (3) 
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the regulatory, financial, legal, and operational background 
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of the proposed owner and its principals; and (4) the impact of 
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the proposed change of ownership on access to and the cost of 
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health care services in the hospital's service area. Projects

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eligible for an exemption, rather than a permit, include, but 
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are not limited
to,
change of ownership of a health care 
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facility. For a change of
ownership of a health care
facility 
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between related persons, the State Board shall provide by rule 
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for an
expedited
process for obtaining an exemption.

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    (c) All applications shall be signed by the applicant and 
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shall be
verified by any 2 officers thereof.

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    (d) Upon receipt of an application for a permit, the State 
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Board shall
approve and authorize the issuance of a permit if 
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it finds (1) that the
applicant is fit, willing, and able to 
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provide a proper standard of
health care service for the 
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community with particular regard to the
qualification, 
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background and character of the applicant, (2) that
economic 
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feasibility is demonstrated in terms of effect on the existing

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and projected operating budget of the applicant and of the 
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health care
facility; in terms of the applicant's ability to 
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establish and operate
such facility in accordance with 
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licensure regulations promulgated under
pertinent state laws; 
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and in terms of the projected impact on the total
health care 
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expenditures in the facility and community, (3) that
safeguards 
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are provided which assure that the establishment,
construction 
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or modification of the health care facility or acquisition
of 
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major medical equipment is consistent
with the public interest 
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and maintains or enhances access to health care services, level 
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of community benefits, and level of charity care, and (4) that 
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the proposed project is consistent
with the orderly and 
 


 






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economic
development of such facilities and equipment and is in 
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accord with standards,
criteria, or plans of need adopted and 
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approved pursuant to the
provisions of Section 12 of this Act.

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(Source: P.A. 93-41, eff. 6-27-03.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".