Full Text of HB0304 95th General Assembly
HB0304enr 95TH GENERAL ASSEMBLY
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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 | 5 |
| 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| (Section scheduled to be repealed on April 1, 2007)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 | 9 |
| regulations.
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| (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. Such
application shall include affirmative | 14 |
| evidence on which the Director may
make the findings required | 15 |
| under this Section and upon which the State
Board may make its | 16 |
| decision on the approval or denial of the permit or
exemption.
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| (b) The State Board shall establish by regulation the | 18 |
| procedures and
requirements
regarding issuance of exemptions.
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| An exemption shall be approved when information required by the | 20 |
| Board by rule
is submitted. Projects
eligible for an exemption, | 21 |
| rather than a permit, include, but are not limited
to,
change | 22 |
| 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 | 2 |
| for obtaining an exemption.
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| (c) All applications shall be signed by the applicant and | 4 |
| shall be
verified by any 2 officers thereof.
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| (c-5) Any written review or findings of the Agency or any | 6 |
| other reviewing organization under Section 8 concerning an | 7 |
| application for a permit must be made available to the public | 8 |
| at least 14 calendar days before the meeting of the State Board | 9 |
| at which the review or findings are considered. The applicant | 10 |
| and members of the public may submit, to the State Board, | 11 |
| written responses in support of or in opposition to the review | 12 |
| or findings of the Agency or reviewing organization. A written | 13 |
| response must be submitted at least 2 business days before the | 14 |
| meeting of the State Board. At the meeting, the State Board | 15 |
| may, in its discretion, permit the submission of additional | 16 |
| written materials.
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| (d) Upon receipt of an application for a permit, the State | 18 |
| Board shall
approve and authorize the issuance of a permit if | 19 |
| it finds (1) that the
applicant is fit, willing, and able to | 20 |
| provide a proper standard of
health care service for the | 21 |
| community with particular regard to the
qualification, | 22 |
| background and character of the applicant, (2) that
economic | 23 |
| feasibility is demonstrated in terms of effect on the existing
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| and projected operating budget of the applicant and of the | 25 |
| health care
facility; in terms of the applicant's ability to | 26 |
| establish and operate
such facility in accordance with |
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| licensure regulations promulgated under
pertinent state laws; | 2 |
| and in terms of the projected impact on the total
health care | 3 |
| expenditures in the facility and community, (3) that
safeguards | 4 |
| are provided which assure that the establishment,
construction | 5 |
| or modification of the health care facility or acquisition
of | 6 |
| major medical equipment is consistent
with the public interest, | 7 |
| and (4) that the proposed project is consistent
with the | 8 |
| orderly and economic
development of such facilities and | 9 |
| equipment and is in accord with standards,
criteria, or plans | 10 |
| of need adopted and approved pursuant to the
provisions of | 11 |
| Section 12 of this Act.
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| (Source: P.A. 93-41, eff. 6-27-03 .)
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