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HB0304 Engrossed |
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LRB095 03559 BDD 25927 b |
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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| (Section scheduled to be repealed on April 1, 2007)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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HB0304 Engrossed |
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LRB095 03559 BDD 25927 b |
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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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HB0304 Engrossed |
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LRB095 03559 BDD 25927 b |
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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 .)
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