Full Text of HB4736 102nd General Assembly
HB4736 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4736 Introduced 1/27/2022, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3960/6 | from Ch. 111 1/2, par. 1156 |
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Amends the Illinois Health Facilities Planning Act. Provides that members of the public and an applicant for a permit shall have 5 days from the posting of the State Board Staff Report (currently, 10 days before the meeting of the State Board) to submit any written response specific to the Board staff's written review or findings concerning an application for a permit. Provides that the written response shall not be used to introduce information that was not provided in the original application. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended 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| 7 | | (Section scheduled to be repealed on December 31, 2029)
| 8 | | Sec. 6. Application for permit or exemption; exemption | 9 | | regulations.
| 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 | 14 | | applicant to file a Letter of Intent before an application is | 15 | | filed. Such
application shall include affirmative evidence on | 16 | | which the State
Board or Chairman may make its decision on the | 17 | | approval or denial of the permit or
exemption.
| 18 | | (b) The State Board shall establish by regulation the | 19 | | procedures and
requirements
regarding issuance of exemptions.
| 20 | | An exemption shall be approved when information required by | 21 | | the Board by rule
is submitted. Projects
eligible for an | 22 | | exemption, rather than a permit, include, but are not limited
| 23 | | to,
change of ownership of a health care facility and |
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| 1 | | discontinuation of a category of service, other than a health | 2 | | care facility maintained by the State or any agency or | 3 | | department thereof or a nursing home maintained by a county. | 4 | | The Board may accept an application for an exemption for the | 5 | | discontinuation of a category of service at a health care | 6 | | facility only once in a 6-month period following (1) the | 7 | | previous application for exemption at the same health care | 8 | | facility or (2) the final decision of the Board regarding the | 9 | | discontinuation of a category of service at the same health | 10 | | care facility, whichever occurs later. A discontinuation of a | 11 | | category of service shall otherwise require an application for | 12 | | a permit if an application for an exemption has already been | 13 | | accepted within the 6-month period. For a change of
ownership | 14 | | among related persons of a health care
facility, the State | 15 | | Board shall provide by rule for an
expedited
process for | 16 | | obtaining an exemption. For the purposes of this Section, | 17 | | "change of ownership among related persons" means a | 18 | | transaction in which the parties to the transaction are under | 19 | | common control or ownership before and after the transaction | 20 | | is complete.
| 21 | | (c) All applications shall be signed by the applicant and | 22 | | shall be
verified by any 2 officers thereof.
| 23 | | (c-5) Any written review or findings of the Board staff | 24 | | set forth in the State Board Staff Report concerning an | 25 | | application for a permit must be made available to the public | 26 | | and the applicant at least 14 calendar days before the meeting |
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| 1 | | of the State Board at which the review or findings are | 2 | | considered. The applicant and members of the public may | 3 | | submit, to the State Board, written responses regarding the | 4 | | facts set forth in the review or findings of the Board staff. | 5 | | Members of the public and the applicant shall have 5 days from | 6 | | the posting of the State Board Staff Report until 10 days | 7 | | before the meeting of the State Board to submit any written | 8 | | response specific to concerning the Board staff's written | 9 | | review or findings. The written response shall not be used to | 10 | | introduce information that was not provided in the original | 11 | | application. The Board staff may revise any findings to | 12 | | address corrections of factual errors cited in the public | 13 | | response. At the meeting, the State Board may, in its | 14 | | discretion, permit the submission of other additional written | 15 | | materials.
| 16 | | (d) Upon receipt of an application for a permit, the State | 17 | | Board shall
approve and authorize the issuance of a permit if | 18 | | it finds (1) that the
applicant is fit, willing, and able to | 19 | | provide a proper standard of
health care service for the | 20 | | community with particular regard to the
qualification, | 21 | | background and character of the applicant, (2) that
economic | 22 | | feasibility is demonstrated in terms of effect on the existing
| 23 | | and projected operating budget of the applicant and of the | 24 | | health care
facility; in terms of the applicant's ability to | 25 | | establish and operate
such facility in accordance with | 26 | | licensure regulations promulgated under
pertinent state laws; |
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| 1 | | and in terms of the projected impact on the total
health care | 2 | | expenditures in the facility and community, (3) that
| 3 | | safeguards are provided that assure that the establishment,
| 4 | | construction or modification of the health care facility or | 5 | | acquisition
of major medical equipment is consistent
with the | 6 | | public interest, and (4) that the proposed project is | 7 | | consistent
with the orderly and economic
development of such | 8 | | facilities and equipment and is in accord with standards,
| 9 | | criteria, or plans of need adopted and approved pursuant to | 10 | | the
provisions of Section 12 of this Act.
| 11 | | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; | 12 | | 101-83, eff. 7-15-19.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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