Public Act 099-0154
 
HB3504 EnrolledLRB099 09189 JLK 31640 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Health Facilities Planning Act is 
amended by changing Sections 6 and  8.5 as follows:
 



    (20 ILCS 3960/6)  (from Ch. 111 1/2, par. 1156)



    (Section scheduled to be repealed on December 31, 2019)

    Sec. 6. Application for permit or exemption; exemption 
regulations. 

    (a) An application for a permit or exemption shall be made 
to
the State Board upon forms provided by the State Board.  This 
application
shall contain such information
as the State Board 
deems necessary. The State Board shall not require an applicant 
to file a Letter of Intent before an application is filed. Such

application shall include affirmative evidence on which the 
State
Board or Chairman may make its decision on the approval 
or denial of the permit or
exemption.

    (b) The State Board shall establish by regulation the 
procedures and
requirements
regarding issuance of exemptions.

An exemption shall be approved when information required by the 
Board by rule
is submitted. Projects
eligible for an exemption, 
rather than a permit, include, but are not limited
to,
change 
of ownership of a health care facility, discontinuation of a 
category of service, and discontinuation of a health care 
facility, other than a health care facility maintained by the 
State or any agency or department thereof or a nursing home 
maintained by a county. For a change of
ownership of a health 
care
facility between related persons, the State Board shall 
provide by rule for an
expedited
process for obtaining an 
exemption in accordance with Section 8.5 of this Act. In 
connection with a change of ownership, the State Board may 
approve the transfer of an existing permit without regard to 
whether the permit to be transferred has yet been obligated, 
except for permits establishing a new facility or a new 
category of service.

    (c) All applications shall be signed by the applicant and 
shall be
verified by any 2 officers thereof.

    (c-5) Any written review or findings  of the Board staff or 
any other reviewing organization under Section 8 concerning an 
application for a permit must be made available to the public 
at least 14 calendar days before the meeting of the State Board 
at which the review or findings are considered. The applicant 
and members of the public may submit, to the State Board, 
written responses regarding the facts set forth in the review 
or findings of the Board staff or reviewing organization. 
Members of the public shall have until 10 days before the 
meeting of the State Board to submit any written response 
concerning the Board staff's written review or findings. The 
Board staff may revise any findings to address corrections of 
factual errors cited in the public response. At the meeting, 
the State Board may, in its discretion, permit the submission 
of other additional written materials.

    (d) Upon receipt of an application for a permit, the State 
Board shall
approve and authorize the issuance of a permit if 
it finds (1) that the
applicant is fit, willing, and able to 
provide a proper standard of
health care service for the 
community with particular regard to the
qualification, 
background and character of the applicant, (2) that
economic 
feasibility is demonstrated in terms of effect on the existing

and projected operating budget of the applicant and of the 
health care
facility; in terms of the applicant's ability to 
establish and operate
such facility in accordance with 
licensure regulations promulgated under
pertinent state laws; 
and in terms of the projected impact on the total
health care 
expenditures in the facility and community, (3) that
safeguards 
are provided which assure that the establishment,
construction 
or modification of the health care facility or acquisition
of 
major medical equipment is consistent
with the public interest, 
and (4) that the proposed project is consistent
with the 
orderly and economic
development of such facilities and 
equipment and is in accord with standards,
criteria, or plans 
of need adopted and approved pursuant to the
provisions of 
Section 12 of this Act.

(Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)

 
    (20 ILCS 3960/8.5)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 8.5. Certificate of exemption for change of ownership 
of a health care facility; discontinuation of a health care 
facility or category of service; public notice and public 
hearing.
    (a) Upon a finding that an application for a change of 
ownership is complete, the State Board shall publish a legal 
notice on one day 3 consecutive days in a newspaper of general 
circulation in the area or community to be affected and afford 
the public an opportunity to request a hearing. If the 
application is for a facility located in a Metropolitan 
Statistical Area, an additional legal notice shall be published 
in a newspaper of limited circulation, if one exists, in the 
area in which the facility is located. If the newspaper of 
limited circulation is published on a daily basis, the 
additional legal notice shall be published on one day 3 
consecutive days. The applicant shall pay the cost incurred by 
the Board in publishing the change of ownership notice in 
newspapers as required under this subsection. The legal notice 
shall also be posted on the Health Facilities and Services 
Review Board's web site and sent to the State Representative 
and State Senator of the district in which the health care 
facility is located. An application for change of ownership of 
a hospital shall not be deemed complete without a signed 
certification that for a period of 2 years after the change of 
ownership transaction is effective, the hospital will not adopt 
a charity care policy that is
more restrictive than the policy 
in effect during the year prior to the transaction. An 
application for a change of ownership need not contain signed 
transaction documents so long as it includes the following key 
terms of the transaction:  names and background of the parties; 
structure of the transaction; the person who will be the 
licensed or certified entity after the transaction; the 
ownership or membership interests in such licensed or certified 
entity both prior to and after the transaction; fair market 
value of assets to be transferred; and the purchase price or 
other form of consideration to be provided for those assets. 
The issuance of the certificate of exemption shall be 
contingent upon the applicant submitting a statement to the 
Board within 90 days after the closing date of the transaction, 
or such longer period as provided by the Board, certifying that 
the change of ownership has been completed in accordance with 
the key terms contained in the application.  If such key terms 
of the transaction change, a new application shall be required. 
    Where a change of ownership is among related persons, and 
there are no other changes being proposed at the health care 
facility that would otherwise require a permit or exemption 
under this Act, the applicant shall submit an application 
consisting of a standard notice in a form set forth by the 
Board briefly explaining the reasons for the proposed change of 
ownership. Once such an application is submitted to the Board 
and reviewed by the Board staff, the Board Chair shall take 
action on an application for an exemption for a change of 
ownership among related persons within 45 days after the 
application has been deemed complete, provided the application 
meets the applicable standards under this Section.  If the Board 
Chair has a conflict of interest or for other good cause, the 
Chair may request review by the Board. Notwithstanding  any 
other provision of this Act, for purposes of this Section, a 
change of ownership among related persons means a transaction 
where the parties to the transaction are under common control 
or ownership before and after the transaction is completed.
    Nothing in this Act shall be construed as authorizing the 
Board to impose any conditions, obligations, or limitations, 
other than those required by this Section, with respect to the 
issuance of an exemption for a change of ownership, including, 
but not limited to, the time period before which a subsequent 
change of ownership of the health care facility could be 
sought, or the commitment to continue to offer for a specified 
time period any services currently offered by the health care 
facility.
    (a-3) Upon a finding that an application to close a health 
care facility is complete, the State Board shall publish a 
legal notice on 3 consecutive days in a newspaper of general 
circulation in the area or community to be affected and afford 
the public an opportunity to request a hearing. If the 
application is for a facility located in a Metropolitan 
Statistical Area, an additional legal notice shall be published 
in a newspaper of limited circulation, if one exists, in the 
area in which the facility is located. If the newspaper of 
limited circulation is published on a daily basis, the 
additional legal notice shall be published on 3 consecutive 
days. The legal notice shall also be posted on the Health 
Facilities and Services Review Board's web site and sent to the 
State Representative and State Senator of the district in which 
the health care facility is located.
    (a-5) Upon a finding that an application to discontinue a 
category of service is complete and provides the requested 
information, as specified by the State Board, an exemption 
shall be issued.  No later than 30 days after the issuance of 
the exemption, the health care facility must give written 
notice of the discontinuation of the category of service to the 
State Senator and State Representative serving the legislative 
district in which the health care facility is located. 
    For the purposes of this subsection, "newspaper of limited 
circulation" means a newspaper intended to serve a particular 
or defined population of a specific geographic area within a 
Metropolitan Statistical Area such as a municipality, town, 
village, township, or community area, but does not include 
publications of professional and trade associations.

    (b) If a public hearing is requested, it shall be held at 
least 15 days but no more than 30 days after the date of 
publication of the legal notice in the community in which the 
facility is located. The hearing shall be held in a place of 
reasonable size and accessibility and a full and complete 
written transcript of the proceedings shall be made. The 
applicant shall provide a summary of the proposal proposed 
change of ownership for distribution at the public hearing.

    (c) For the purposes of this Section "newspaper of limited 
circulation" means a newspaper intended to serve a particular 
or defined population of a specific geographic area within a 
Metropolitan Statistical Area such as a municipality, town, 
village, township, or community area, but does not include 
publications of professional and trade associations. 
(Source: P.A. 98-1086, eff. 8-26-14.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.


Effective Date:  07/28/2015