Illinois General Assembly - Full Text of HB1489
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Full Text of HB1489  97th General Assembly




HB1489 EngrossedLRB097 09341 RLJ 49476 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 6 as follows:
6    (20 ILCS 3960/6)  (from Ch. 111 1/2, par. 1156)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 6. Application for permit or exemption; exemption
10    (a) An application for a permit or exemption shall be made
11to the State Board upon forms provided by the State Board. This
12application shall contain such information as the State Board
13deems necessary. The State Board shall not require an applicant
14to file a Letter of Intent before an application is filed. Such
15application shall include affirmative evidence on which the
16State Board or Chairman may make its decision on the approval
17or denial of the permit or exemption.
18    (b) The State Board shall establish by regulation the
19procedures and requirements regarding issuance of exemptions.
20An exemption shall be approved when information required by the
21Board by rule is submitted. Projects eligible for an exemption,
22rather than a permit, include, but are not limited to, change
23of ownership of a health care facility. For a change of



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1ownership of a health care facility between related persons,
2the State Board shall provide by rule for an expedited process
3for obtaining an exemption. In connection with a change of
4ownership, the State Board may approve the transfer of an
5existing permit without regard to whether the permit to be
6transferred has yet been obligated, except for permits
7establishing a new facility or a new category of service.
8    (c) All applications shall be signed by the applicant and
9shall be verified by any 2 officers thereof.
10    (c-5) Any written review or findings of the Board staff or
11any other reviewing organization under Section 8 concerning an
12application for a permit must be made available to the public
13at least 14 calendar days before the meeting of the State Board
14at which the review or findings are considered. The applicant
15and members of the public may submit, to the State Board,
16written responses regarding the facts set forth in the review
17or findings of the Board staff or reviewing organization.
18Members of the public and the applicant shall have until 10
19days before the meeting of the State Board to submit any
20written response concerning the Board staff's written review or
21findings at least 10 days before the meeting of the State
22Board. The Board staff may revise any findings to address
23corrections of factual errors cited in the public response. At
24the meeting, the State Board may, in its discretion, permit the
25submission of other additional written materials.
26    (d) Upon receipt of an application for a permit, the State



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1Board shall approve and authorize the issuance of a permit if
2it finds (1) that the applicant is fit, willing, and able to
3provide a proper standard of health care service for the
4community with particular regard to the qualification,
5background and character of the applicant, (2) that economic
6feasibility is demonstrated in terms of effect on the existing
7and projected operating budget of the applicant and of the
8health care facility; in terms of the applicant's ability to
9establish and operate such facility in accordance with
10licensure regulations promulgated under pertinent state laws;
11and in terms of the projected impact on the total health care
12expenditures in the facility and community, (3) that safeguards
13are provided which assure that the establishment, construction
14or modification of the health care facility or acquisition of
15major medical equipment is consistent with the public interest,
16and (4) that the proposed project is consistent with the
17orderly and economic development of such facilities and
18equipment and is in accord with standards, criteria, or plans
19of need adopted and approved pursuant to the provisions of
20Section 12 of this Act.
21(Source: P.A. 95-237, eff. 1-1-08; 96-31, eff. 6-30-09.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.