95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0304


 
Introduced 1/19/2007, by Rep. Elizabeth Coulson
 
SYNOPSIS AS INTRODUCED:
 		














20 ILCS 3960/6
  from Ch. 111 1/2, par. 1156







    Amends the Illinois Health Facilities Planning Act. Requires that any written reviews or findings  of the  Department of Public Health or any other reviewing organization 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. Provides that, at least 2 business days before the meeting of the State Board, the applicant and members of the public may submit, to the State Board, written responses in support of or in opposition to these reviews or findings. Provides that, at the meeting, the State Board may, in its discretion, permit the submission of additional written materials.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0304

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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 
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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    (Section scheduled to be repealed on April 1, 2007)

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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. Projects
eligible for an exemption, 
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rather than a permit, include, but are not limited
to,
change 
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of ownership of a health care facility. For a change of

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ownership of a health care
facility between related persons, 
 


 






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the State Board shall provide by rule for an
expedited
process 
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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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    (c-5) Any written review or findings  of the Agency or any 
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other reviewing organization under Section 8 concerning an 
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application for a permit must be made available to the public 
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at least 14 calendar days before the meeting of the State Board 
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at which the review or findings are considered. The applicant 
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and members of the public may submit, to the State Board, 
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written responses in support of or in opposition to the review 
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or findings of the Agency or reviewing organization. A written 
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response must be submitted at least 2 business days before the 
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meeting of the State Board. At the meeting, the State Board 
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may, in its discretion, permit the submission of additional 
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written materials.

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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 (4) that the proposed project is consistent
with the 
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orderly and economic
development of such facilities and 
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equipment and is in accord with standards,
criteria, or plans 
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of need adopted and approved pursuant to the
provisions of 
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Section 12 of this Act.

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