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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Health Facilities Planning Act is | ||||||
5 | amended by changing Sections 6 and 8.5 as follows:
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6 | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
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7 | (Section scheduled to be repealed on December 31, 2029)
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8 | Sec. 6. Application for permit or exemption; exemption | ||||||
9 | regulations.
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10 | (a) An application for a permit or exemption shall be made | ||||||
11 | to
the State Board upon forms provided by the State Board. This | ||||||
12 | application
shall contain such information
as the State Board | ||||||
13 | deems necessary. The State Board shall not require an applicant | ||||||
14 | to file a Letter of Intent before an application is filed. Such
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15 | application shall include affirmative evidence on which the | ||||||
16 | State
Board or Chairman may make its decision on the approval | ||||||
17 | or denial of the permit or
exemption.
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18 | (b) The State Board shall establish by regulation the | ||||||
19 | procedures and
requirements
regarding issuance of exemptions.
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20 | An exemption shall be approved when information required by the | ||||||
21 | Board by rule
is submitted. Projects
eligible for an exemption, | ||||||
22 | rather than a permit, include, but are not limited
to,
change | ||||||
23 | of ownership of a health care facility , discontinuation of a |
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1 | category of service, and discontinuation of a health care | ||||||
2 | facility, other than a health care facility maintained by the | ||||||
3 | State or any agency or department thereof or a nursing home | ||||||
4 | maintained by a county . For a change of
ownership of a health | ||||||
5 | care
facility between related persons , the State Board shall | ||||||
6 | provide by rule for an
expedited
process for obtaining an | ||||||
7 | exemption in accordance with Section 8.5 of this Act .
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8 | (c) All applications shall be signed by the applicant and | ||||||
9 | shall be
verified by any 2 officers thereof.
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10 | (c-5) Any written review or findings of the Board staff | ||||||
11 | concerning an application for a permit must be made available | ||||||
12 | to the public at least 14 calendar days before the meeting of | ||||||
13 | the State Board at which the review or findings are considered. | ||||||
14 | The applicant and members of the public may submit, to the | ||||||
15 | State Board, written responses regarding the facts set forth in | ||||||
16 | the review or findings of the Board staff. Members of the | ||||||
17 | public shall have until 10 days before the meeting of the State | ||||||
18 | Board to submit any written response concerning the Board | ||||||
19 | staff's written review or findings. The Board staff may revise | ||||||
20 | any findings to address corrections of factual errors cited in | ||||||
21 | the public response. At the meeting, the State Board may, in | ||||||
22 | its discretion, permit the submission of other additional | ||||||
23 | written materials.
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24 | (d) Upon receipt of an application for a permit, the State | ||||||
25 | Board shall
approve and authorize the issuance of a permit if | ||||||
26 | it finds (1) that the
applicant is fit, willing, and able to |
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1 | provide a proper standard of
health care service for the | ||||||
2 | community with particular regard to the
qualification, | ||||||
3 | background and character of the applicant, (2) that
economic | ||||||
4 | feasibility is demonstrated in terms of effect on the existing
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5 | and projected operating budget of the applicant and of the | ||||||
6 | health care
facility; in terms of the applicant's ability to | ||||||
7 | establish and operate
such facility in accordance with | ||||||
8 | licensure regulations promulgated under
pertinent state laws; | ||||||
9 | and in terms of the projected impact on the total
health care | ||||||
10 | expenditures in the facility and community, (3) that
safeguards | ||||||
11 | are provided that assure that the establishment,
construction | ||||||
12 | or modification of the health care facility or acquisition
of | ||||||
13 | major medical equipment is consistent
with the public interest, | ||||||
14 | and (4) that the proposed project is consistent
with the | ||||||
15 | orderly and economic
development of such facilities and | ||||||
16 | equipment and is in accord with standards,
criteria, or plans | ||||||
17 | of need adopted and approved pursuant to the
provisions of | ||||||
18 | Section 12 of this Act.
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19 | (Source: P.A. 99-154, eff. 7-28-15; 100-518, eff. 6-1-18; | ||||||
20 | 100-681, eff. 8-3-18 .)
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21 | (20 ILCS 3960/8.5) | ||||||
22 | (Section scheduled to be repealed on December 31, 2029) | ||||||
23 | Sec. 8.5. Certificate of exemption for change of ownership | ||||||
24 | of a health care facility; discontinuation of a health care | ||||||
25 | facility or category of service; public notice and public |
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1 | hearing. | ||||||
2 | (a) Upon a finding that an application for a change of | ||||||
3 | ownership is complete, the State Board shall publish a legal | ||||||
4 | notice on 3 consecutive days one day in a newspaper of general | ||||||
5 | circulation in the area or community to be affected and afford | ||||||
6 | the public an opportunity to request a hearing. If the | ||||||
7 | application is for a facility located in a Metropolitan | ||||||
8 | Statistical Area, an additional legal notice shall be published | ||||||
9 | in a newspaper of limited circulation, if one exists, in the | ||||||
10 | area in which the facility is located. If the newspaper of | ||||||
11 | limited circulation is published on a daily basis, the | ||||||
12 | additional legal notice shall be published on 3 consecutive | ||||||
13 | days one day . The applicant shall pay the cost incurred by the | ||||||
14 | Board in publishing the change of ownership notice in | ||||||
15 | newspapers as required under this subsection. The legal notice | ||||||
16 | shall also be posted on the Health Facilities and Services | ||||||
17 | Review Board's web site and sent to the State Representative | ||||||
18 | and State Senator of the district in which the health care | ||||||
19 | facility is located. An application for change of ownership of | ||||||
20 | a hospital shall not be deemed complete without a signed | ||||||
21 | certification that for a period of 2 years after the change of | ||||||
22 | ownership transaction is effective, the hospital will not adopt | ||||||
23 | a charity care policy that is
more restrictive than the policy | ||||||
24 | in effect during the year prior to the transaction. An | ||||||
25 | application for a change of ownership need not contain signed | ||||||
26 | transaction documents so long as it includes the following key |
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1 | terms of the transaction: names and background of the parties; | ||||||
2 | structure of the transaction; the person who will be the | ||||||
3 | licensed or certified entity after the transaction; the | ||||||
4 | ownership or membership interests in such licensed or certified | ||||||
5 | entity both prior to and after the transaction; fair market | ||||||
6 | value of assets to be transferred; and the purchase price or | ||||||
7 | other form of consideration to be provided for those assets. | ||||||
8 | The issuance of the certificate of exemption shall be | ||||||
9 | contingent upon the applicant submitting a statement to the | ||||||
10 | Board within 90 days after the closing date of the transaction, | ||||||
11 | or such longer period as provided by the Board, certifying that | ||||||
12 | the change of ownership has been completed in accordance with | ||||||
13 | the key terms contained in the application. If such key terms | ||||||
14 | of the transaction change, a new application shall be required. | ||||||
15 | Where a change of ownership is among related persons, and | ||||||
16 | there are no other changes being proposed at the health care | ||||||
17 | facility that would otherwise require a permit or exemption | ||||||
18 | under this Act, the applicant shall submit an application | ||||||
19 | consisting of a standard notice in a form set forth by the | ||||||
20 | Board briefly explaining the reasons for the proposed change of | ||||||
21 | ownership. Once such an application is submitted to the Board | ||||||
22 | and reviewed by the Board staff, the Board Chair shall take | ||||||
23 | action on an application for an exemption for a change of | ||||||
24 | ownership among related persons within 45 days after the | ||||||
25 | application has been deemed complete, provided the application | ||||||
26 | meets the applicable standards under this Section. If the Board |
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1 | Chair has a conflict of interest or for other good cause, the | ||||||
2 | Chair may request review by the Board. Notwithstanding any | ||||||
3 | other provision of this Act, for purposes of this Section, a | ||||||
4 | change of ownership among related persons means a transaction | ||||||
5 | where the parties to the transaction are under common control | ||||||
6 | or ownership before and after the transaction is completed. | ||||||
7 | Nothing in this Act shall be construed as authorizing the | ||||||
8 | Board to impose any conditions, obligations, or limitations, | ||||||
9 | other than those required by this Section, with respect to the | ||||||
10 | issuance of an exemption for a change of ownership, including, | ||||||
11 | but not limited to, the time period before which a subsequent | ||||||
12 | change of ownership of the health care facility could be | ||||||
13 | sought, or the commitment to continue to offer for a specified | ||||||
14 | time period any services currently offered by the health care | ||||||
15 | facility. | ||||||
16 | (a-3) (Blank). Upon a finding that an application to close | ||||||
17 | a health care facility is complete, the State Board shall | ||||||
18 | publish a legal notice on 3 consecutive days in a newspaper of | ||||||
19 | general circulation in the area or community to be affected and | ||||||
20 | afford the public an opportunity to request a hearing. If the | ||||||
21 | application is for a facility located in a Metropolitan | ||||||
22 | Statistical Area, an additional legal notice shall be published | ||||||
23 | in a newspaper of limited circulation, if one exists, in the | ||||||
24 | area in which the facility is located. If the newspaper of | ||||||
25 | limited circulation is published on a daily basis, the | ||||||
26 | additional legal notice shall be published on 3 consecutive |
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1 | days. The legal notice shall also be posted on the Health | ||||||
2 | Facilities and Services Review Board's web site and sent to the | ||||||
3 | State Representative and State Senator of the district in which | ||||||
4 | the health care facility is located. In addition, the health | ||||||
5 | care facility shall provide notice of closure to the local | ||||||
6 | media that the health care facility would routinely notify | ||||||
7 | about facility events. No later than 90 days after a | ||||||
8 | discontinuation of a health facility, the applicant must submit | ||||||
9 | a statement to the State Board certifying that the | ||||||
10 | discontinuation is complete. | ||||||
11 | (a-5) (Blank). Upon a finding that an application to | ||||||
12 | discontinue a category of service is complete and provides the | ||||||
13 | requested information, as specified by the State Board, an | ||||||
14 | exemption shall be issued. No later than 30 days after the | ||||||
15 | issuance of the exemption, the health care facility must give | ||||||
16 | written notice of the discontinuation of the category of | ||||||
17 | service to the State Senator and State Representative serving | ||||||
18 | the legislative district in which the health care facility is | ||||||
19 | located. No later than 90 days after a discontinuation of a | ||||||
20 | category of service, the applicant must submit a statement to | ||||||
21 | the State Board certifying that the discontinuation is | ||||||
22 | complete. | ||||||
23 | (a-6) Notwithstanding any decision of the Board or | ||||||
24 | provision to the contrary, the Governor is authorized to | ||||||
25 | reverse a decision of the Board regarding an application for an | ||||||
26 | exemption submitted under this Act. If there is a pending |
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1 | lawsuit on the closure of a health care facility for which an | ||||||
2 | application for an exemption is under review, the Board shall | ||||||
3 | suspend any pending action involving that application until the | ||||||
4 | resolution of the lawsuit. The changes made by this amendatory | ||||||
5 | Act of the 101st General Assembly shall apply to all | ||||||
6 | applications pending before the Board on and after the | ||||||
7 | effective date of this amendatory Act of the 101st General | ||||||
8 | Assembly in which no final action has been taken by the Board. | ||||||
9 | (b) If a public hearing is requested, it shall be held at | ||||||
10 | least 15 days but no more than 30 days after the date of | ||||||
11 | publication of the legal notice in the community in which the | ||||||
12 | facility is located. The hearing shall be held in the affected | ||||||
13 | area or community in a place of reasonable size and | ||||||
14 | accessibility and a full and complete written transcript of the | ||||||
15 | proceedings shall be made. All interested persons attending the | ||||||
16 | hearing shall be given a reasonable opportunity to present | ||||||
17 | their positions in writing or orally. The applicant shall | ||||||
18 | provide a summary of the proposed change of ownership proposal | ||||||
19 | for distribution at the public hearing.
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20 | (c) For the purposes of this Section "newspaper of limited | ||||||
21 | circulation" means a newspaper intended to serve a particular | ||||||
22 | or defined population of a specific geographic area within a | ||||||
23 | Metropolitan Statistical Area such as a municipality, town, | ||||||
24 | village, township, or community area, but does not include | ||||||
25 | publications of professional and trade associations. | ||||||
26 | (Source: P.A. 99-154, eff. 7-28-15; 99-527, eff. 1-1-17; |
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1 | 99-551, eff. 7-15-16; 100-201, eff. 8-18-17 .)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law. |