20 ILCS 3960/8.9

(20 ILCS 3960/8.9)

Sec. 8.9. Re-establishing discontinued general acute care hospital. Notwithstanding any provision of law to the contrary, a party seeking to re-establish a previously discontinued general acute care hospital under this Act shall be authorized to file a certificate of exemption under the Act if the following conditions are met:

(1) the previously discontinued general acute care hospital was a safety net hospital, as defined pursuant to Section 5-5e.1 of the Illinois Public Aid Code, at the time the Review Board approved the closure of the previously discontinued general acute care hospital, or had a Medicaid inpatient utilization rate in excess of 40% as determined by the Department of Healthcare and Family Services in the last rate year prior to the time the Review Board approved the closure of the previously discontinued general acute care hospital;

(2) the previously discontinued general acute care hospital surrendered its general acute care hospital license to the Department of Public Health between January 1, 2019 and December 31, 2020;

(3) the certificate of exemption seeks to re-establish the same number of total authorized beds as were previously authorized by the Department of Public Health at the previously discontinued general acute care hospital;

(4) the party seeking to re-establish a previously discontinued general acute care hospital commits to spend at least $20,000,000 to re-establish the previously discontinued general acute care hospital, which would include the cost of land acquisition, building acquisition, new construction, and new equipment;

(5) the party seeking to re-establish a previously discontinued general acute care hospital will adopt and maintain for at least a period of 2 years a charity care policy that is no less restrictive than was in place at the previously discontinued general acute care hospital;

(6) the party seeking to re-establish a previously discontinued general acute care hospital will accept Medicaid and Medicaid managed care patients; and

(7) the party seeking to re-establish a previously discontinued general acute care hospital will agree to maintain ownership of the re-established general acute care hospital for no less than 5 years after the re-established general acute care hospital has been issued a new general acute care hospital license from the Department of Public Health.

(Source: P.A. 102-3, eff. 4-6-21.)