Full Text of HB6769 93rd General Assembly
HB6769 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6769
Introduced 02/09/04, by Deborah L. Graham SYNOPSIS AS INTRODUCED: |
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20 ILCS 3960/3 |
from Ch. 111 1/2, par. 1153 |
20 ILCS 3960/4.2 |
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20 ILCS 3960/5.5 new |
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20 ILCS 3960/6 |
from Ch. 111 1/2, par. 1156 |
20 ILCS 3960/8 |
from Ch. 111 1/2, par. 1158 |
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Amends the Illinois Health Facilities Planning Act. Provides that changes of ownership, mergers, and consolidations of health care facilities require a permit from the Health Facilities Planning Board and sets forth requirements for the permit application. Sets forth conditions that require a public hearing for a permit application and requires that the notice of the public hearing be published in a newspaper for 3 consecutive days. Makes other changes.
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A BILL FOR
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HB6769 |
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| AN ACT concerning health facilities.
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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 Sections 3, 4.2, 6, and 8 and by adding | 6 |
| Section 5.5 as follows:
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| (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 3. Definitions. As used in this Act:
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| "Health care facilities" means and includes
the following | 11 |
| facilities and organizations:
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| 1. An ambulatory surgical treatment center required to | 13 |
| be licensed
pursuant to the Ambulatory Surgical Treatment | 14 |
| Center Act;
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| 2. An institution, place, building, or agency required | 16 |
| to be licensed
pursuant to the Hospital Licensing Act;
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| 3. Skilled and intermediate long term care facilities | 18 |
| licensed under the
Nursing
Home Care Act;
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| 3. Skilled and intermediate long term care facilities | 20 |
| licensed under the
Nursing
Home Care Act;
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| 4. Hospitals, nursing homes, ambulatory surgical | 22 |
| treatment centers, or
kidney disease treatment centers
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| maintained by the State or any department or agency | 24 |
| thereof;
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| 5. Kidney disease treatment centers, including a | 26 |
| free-standing
hemodialysis unit; and
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| 6. An institution, place, building, or room used for | 28 |
| the performance of
outpatient surgical procedures that is | 29 |
| leased, owned, or operated by or on
behalf of an | 30 |
| out-of-state facility.
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| No federally owned facility shall be subject to the | 32 |
| provisions of this
Act, nor facilities used solely for healing |
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| by prayer or spiritual means.
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| No facility licensed under the Supportive Residences | 3 |
| Licensing Act or the
Assisted Living and Shared Housing Act
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| shall be subject to the provisions of this Act.
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| A facility designated as a supportive living facility that | 6 |
| is in good
standing with the demonstration project established | 7 |
| under Section 5-5.01a of
the Illinois Public Aid Code shall not | 8 |
| be subject to the provisions of this
Act.
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| This Act does not apply to facilities granted waivers under | 10 |
| Section 3-102.2
of the Nursing Home Care Act. However, if a | 11 |
| demonstration project under that
Act applies for a certificate
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| of need to convert to a nursing facility, it shall meet the | 13 |
| licensure and
certificate of need requirements in effect as of | 14 |
| the date of application.
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| This Act shall not apply to the closure of an entity or a | 16 |
| portion of an
entity licensed under the Nursing Home Care Act | 17 |
| that elects to convert, in
whole or in part, to an assisted | 18 |
| living or shared housing establishment
licensed under the | 19 |
| Assisted Living and Shared Housing Act.
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| With the exception of those health care facilities | 21 |
| specifically
included in this Section, nothing in this Act | 22 |
| shall be intended to
include facilities operated as a part of | 23 |
| the practice of a physician or
other licensed health care | 24 |
| professional, whether practicing in his
individual capacity or | 25 |
| within the legal structure of any partnership,
medical or | 26 |
| professional corporation, or unincorporated medical or
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| professional group. Further, this Act shall not apply to | 28 |
| physicians or
other licensed health care professional's | 29 |
| practices where such practices
are carried out in a portion of | 30 |
| a health care facility under contract
with such health care | 31 |
| facility by a physician or by other licensed
health care | 32 |
| professionals, whether practicing in his individual capacity
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| or within the legal structure of any partnership, medical or
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| professional corporation, or unincorporated medical or | 35 |
| professional
groups. This Act shall apply to construction or
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| modification and to establishment by such health care facility |
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| of such
contracted portion which is subject to facility | 2 |
| licensing requirements,
irrespective of the party responsible | 3 |
| for such action or attendant
financial obligation.
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| "Person" means any one or more natural persons, legal | 5 |
| entities,
governmental bodies other than federal, or any | 6 |
| combination thereof.
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| "Consumer" means any person other than a person (a) whose | 8 |
| major
occupation currently involves or whose official capacity | 9 |
| within the last
12 months has involved the providing, | 10 |
| administering or financing of any
type of health care facility, | 11 |
| (b) who is engaged in health research or
the teaching of | 12 |
| health, (c) who has a material financial interest in any
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| activity which involves the providing, administering or | 14 |
| financing of any
type of health care facility, or (d) who is or | 15 |
| ever has been a member of
the immediate family of the person | 16 |
| defined by (a), (b), or (c).
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| "State Board" means the Health Facilities Planning Board.
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| "Construction or modification" means the establishment, | 19 |
| erection,
building, alteration, reconstruction, modernization, | 20 |
| improvement,
extension, discontinuation, change of ownership, | 21 |
| of or by a health care
facility, or the purchase or acquisition | 22 |
| by or through a health care facility
of
equipment or service | 23 |
| for diagnostic or therapeutic purposes or for
facility | 24 |
| administration or operation, or any capital expenditure made by
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| or on behalf of a health care facility which
exceeds the | 26 |
| capital expenditure minimum; however, any capital expenditure
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| made by or on behalf of a health care facility for the | 28 |
| construction or
modification of a facility licensed under the | 29 |
| Assisted Living and Shared
Housing Act shall be excluded from | 30 |
| any obligations under this Act.
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| "Establish" means the construction of a health care | 32 |
| facility or the
replacement of an existing facility on another | 33 |
| site.
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| "Major medical equipment" means medical equipment which is | 35 |
| used for the
provision of medical and other health services and | 36 |
| which costs in excess
of the capital expenditure minimum, |
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| except that such term does not include
medical equipment | 2 |
| acquired
by or on behalf of a clinical laboratory to provide | 3 |
| clinical laboratory
services if the clinical laboratory is | 4 |
| independent of a physician's office
and a hospital and it has | 5 |
| been determined under Title XVIII of the Social
Security Act to | 6 |
| meet the requirements of paragraphs (10) and (11) of Section
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| 1861(s) of such Act. In determining whether medical equipment | 8 |
| has a value
in excess of the capital expenditure minimum, the | 9 |
| value of studies, surveys,
designs, plans, working drawings, | 10 |
| specifications, and other activities
essential to the | 11 |
| acquisition of such equipment shall be included.
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| "Capital Expenditure" means an expenditure: (A) made by or | 13 |
| on behalf of
a health care facility (as such a facility is | 14 |
| defined in this Act); and
(B) which under generally accepted | 15 |
| accounting principles is not properly
chargeable as an expense | 16 |
| of operation and maintenance, or is made to obtain
by lease or | 17 |
| comparable arrangement any facility or part thereof or any
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| equipment for a facility or part; and which exceeds the capital | 19 |
| expenditure
minimum.
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| For the purpose of this paragraph, the cost of any studies, | 21 |
| surveys, designs,
plans, working drawings, specifications, and | 22 |
| other activities essential
to the acquisition, improvement, | 23 |
| expansion, or replacement of any plant
or equipment with | 24 |
| respect to which an expenditure is made shall be included
in | 25 |
| determining if such expenditure exceeds the capital | 26 |
| expenditures minimum.
Donations of equipment
or facilities to a | 27 |
| health care facility which if acquired directly by such
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| facility would be subject to review under this Act shall be | 29 |
| considered capital
expenditures, and a transfer of equipment or | 30 |
| facilities for less than fair
market value shall be considered | 31 |
| a capital expenditure for purposes of this
Act if a transfer of | 32 |
| the equipment or facilities at fair market value would
be | 33 |
| subject to review.
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| "Capital expenditure minimum" means $6,000,000, which | 35 |
| shall be annually
adjusted to reflect the increase in | 36 |
| construction costs due to inflation, for major medical |
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| equipment and for all other
capital expenditures; provided, | 2 |
| however, that when a capital expenditure is
for the | 3 |
| construction or modification of a health and fitness center, | 4 |
| "capital
expenditure minimum" means the capital expenditure | 5 |
| minimum for all other
capital expenditures in effect on March | 6 |
| 1, 2000, which shall be annually
adjusted to reflect the | 7 |
| increase in construction costs due to inflation.
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| "Non-clinical service area" means an area (i) for the | 9 |
| benefit of the
patients, visitors, staff, or employees of a | 10 |
| health care facility and (ii) not
directly related to the | 11 |
| diagnosis, treatment, or rehabilitation of persons
receiving | 12 |
| services from the health care facility. "Non-clinical service | 13 |
| areas"
include, but are not limited to, chapels; gift shops; | 14 |
| news stands; computer
systems; tunnels, walkways, and | 15 |
| elevators; telephone systems; projects to
comply with life | 16 |
| safety codes; educational facilities; student housing;
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| patient, employee, staff, and visitor dining areas; | 18 |
| administration and
volunteer offices; modernization of | 19 |
| structural components (such as roof
replacement and masonry | 20 |
| work); boiler repair or replacement; vehicle
maintenance and | 21 |
| storage facilities; parking facilities; mechanical systems for
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| heating, ventilation, and air conditioning; loading docks; and | 23 |
| repair or
replacement of carpeting, tile, wall coverings, | 24 |
| window coverings or treatments,
or furniture. Solely for the | 25 |
| purpose of this definition, "non-clinical service
area" does | 26 |
| not include health and fitness centers.
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| "Areawide" means a major area of the State delineated on a
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| geographic, demographic, and functional basis for health | 29 |
| planning and
for health service and having within it one or | 30 |
| more local areas for
health planning and health service. The | 31 |
| term "region", as contrasted
with the term "subregion", and the | 32 |
| word "area" may be used synonymously
with the term "areawide".
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| "Local" means a subarea of a delineated major area that on | 34 |
| a
geographic, demographic, and functional basis may be | 35 |
| considered to be
part of such major area. The term "subregion" | 36 |
| may be used synonymously
with the term "local".
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| "Areawide health planning organization" or "Comprehensive | 2 |
| health
planning organization" means the health systems agency | 3 |
| designated by the
Secretary, Department of Health and Human | 4 |
| Services or any successor agency.
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| "Local health planning organization" means those local | 6 |
| health
planning organizations that are designated as such by | 7 |
| the areawide
health planning organization of the appropriate | 8 |
| area.
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| "Physician" means a person licensed to practice in | 10 |
| accordance with
the Medical Practice Act of 1987, as amended.
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| "Licensed health care professional" means a person | 12 |
| licensed to
practice a health profession under pertinent | 13 |
| licensing statutes of the
State of Illinois.
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| "Director" means the Director of the Illinois Department of | 15 |
| Public Health.
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| "Agency" means the Illinois Department of Public Health.
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| "Comprehensive health planning" means health planning | 18 |
| concerned with
the total population and all health and | 19 |
| associated problems that affect
the well-being of people and | 20 |
| that encompasses health services, health
manpower, and health | 21 |
| facilities; and the coordination among these and
with those | 22 |
| social, economic, and environmental factors that affect | 23 |
| health.
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| "Alternative health care model" means a facility or program | 25 |
| authorized
under the Alternative Health Care Delivery Act.
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| "Out-of-state facility" means a person that is both (i) | 27 |
| licensed as a
hospital or as an ambulatory surgery center under | 28 |
| the laws of another state
or that
qualifies as a hospital or an | 29 |
| ambulatory surgery center under regulations
adopted pursuant | 30 |
| to the Social Security Act and (ii) not licensed under the
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| Ambulatory Surgical Treatment Center Act, the Hospital | 32 |
| Licensing Act, or the
Nursing Home Care Act. Affiliates of | 33 |
| out-of-state facilities shall be
considered out-of-state | 34 |
| facilities. Affiliates of Illinois licensed health
care | 35 |
| facilities 100% owned by an Illinois licensed health care | 36 |
| facility, its
parent, or Illinois physicians licensed to |
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| practice medicine in all its
branches shall not be considered | 2 |
| out-of-state facilities. Nothing in
this definition shall be
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| construed to include an office or any part of an office of a | 4 |
| physician licensed
to practice medicine in all its branches in | 5 |
| Illinois that is not required to be
licensed under the | 6 |
| Ambulatory Surgical Treatment Center Act.
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| "Change of ownership of a health care facility" means a | 8 |
| change in the
person
who has ownership or
control of a health | 9 |
| care facility's physical plant and capital assets. A change
in | 10 |
| ownership is indicated by
the following transactions: sale, | 11 |
| transfer, acquisition, lease, change of
sponsorship, or other | 12 |
| means of
transferring control.
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| "Related person" means any person that: (i) is at least 50% | 14 |
| owned, directly
or indirectly, by
either the health care | 15 |
| facility or a person owning, directly or indirectly, at
least | 16 |
| 50% of the health
care facility; or (ii) owns, directly or | 17 |
| indirectly, at least 50% of the
health care facility. | 18 |
| "Charity care" means care provided by a health care | 19 |
| facility for which the provider does not expect to receive | 20 |
| payment from the patient or a third-party payer. | 21 |
| "Community benefits" means the unreimbursed cost to a | 22 |
| health care facility of providing charity care, language | 23 |
| assistance services, government-sponsored indigent health | 24 |
| care, donations, volunteer services, education, | 25 |
| government-sponsored program services, research, and | 26 |
| subsidized health services and collecting bad debts. | 27 |
| "Community benefits" does not include the cost of paying any | 28 |
| taxes or other governmental assessments.
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| (Source: P.A. 93-41, eff. 6-27-03.)
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| (20 ILCS 3960/4.2)
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| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 4.2. Ex parte communications.
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| (a) Except in the disposition of matters that agencies are | 34 |
| authorized by law
to entertain or dispose of on an ex parte | 35 |
| basis including, but not limited to
rule making, the State |
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| Board, any State Board member, employee, or a hearing
officer | 2 |
| shall not engage in ex parte communication,
after an | 3 |
| application for a permit is received,
in connection with the | 4 |
| substance of any application for
a permit with any person or | 5 |
| party or the representative of any party.
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| (b) A State Board member or employee may communicate with | 7 |
| other
members or employees and any State Board member or | 8 |
| hearing
officer may have the aid and advice of one or more | 9 |
| personal assistants.
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| (c) An ex parte communication received by the State Board, | 11 |
| any State
Board member, employee, or a hearing officer shall be | 12 |
| made a part of the record
of the
pending matter, including all | 13 |
| written communications, all written
responses to the | 14 |
| communications, and a memorandum stating the substance of all
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| oral communications and all responses made and the identity of | 16 |
| each person from
whom the ex parte communication was received.
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| (d) "Ex parte communication" means a communication between | 18 |
| a person who is
not a State Board member or employee and a
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| State Board member or
employee
concerning the merits of an | 20 |
| application before the Board, except on notice and opportunity | 21 |
| for all parties to participate
that reflects on the substance | 22 |
| of a pending State Board proceeding and that
takes
place | 23 |
| outside the record of the proceeding . Communications regarding | 24 |
| matters
of procedure and practice, such as the format of | 25 |
| pleading, number of copies
required, manner of service, and | 26 |
| status of proceedings, are not considered ex
parte | 27 |
| communications. Technical assistance with respect to an | 28 |
| application, not
intended to influence any decision on the | 29 |
| application, may be provided by
employees to the applicant. Any | 30 |
| assistance shall be documented in writing by
the applicant and | 31 |
| employees within 10 business days after the assistance is
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| provided.
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| (e) For purposes of this Section, "employee" means
a person | 34 |
| the State Board or the Agency employs on a full-time, | 35 |
| part-time,
contract, or intern
basis.
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| (f) The State Board, State Board member, or hearing |
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| examiner presiding
over the proceeding, in the event of a | 2 |
| violation of this Section, must take
whatever action is | 3 |
| necessary to ensure that the violation does not prejudice
any | 4 |
| party or adversely affect the fairness of the proceedings.
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| (g) Nothing in this Section shall be construed to prevent | 6 |
| the State Board or
any member of the State Board from | 7 |
| consulting with the attorney for the State
Board.
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| (Source: P.A. 91-782, eff. 6-9-00 .)
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| (20 ILCS 3960/5.5 new) | 10 |
| Sec. 5.5. Changes of ownership, mergers, and | 11 |
| consolidations; permit required. Changes of ownership, | 12 |
| mergers, and consolidations of health care facilities require a | 13 |
| permit from the State Board. As part of the permit application | 14 |
| for a change of ownership, merger, or consolidation, the | 15 |
| proposed owner must certify in writing that, for the 5-year | 16 |
| period following the transaction, the percentages of charity | 17 |
| care and community benefits provided each year to the | 18 |
| population served by the health care facility will be equal to | 19 |
| or exceed the average percentages of charity care and community | 20 |
| benefits provided by the health care facility for the 2 fiscal | 21 |
| years immediately preceding the acquisition.
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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 July 1, 2008)
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| Sec. 6. Application for permit or exemption; exemption | 25 |
| regulations.
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| (a) An application for a permit or exemption shall be made | 27 |
| to
the State Board upon forms provided by the State Board. This | 28 |
| application
shall contain such information
as the State Board | 29 |
| deems necessary. Such
application shall include affirmative | 30 |
| evidence on which the Director may
make the findings required | 31 |
| under this Section and upon which the State
Board may make its | 32 |
| decision on the approval or denial of the permit or
exemption.
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| (b) The State Board shall establish by regulation the | 34 |
| procedures and
requirements
regarding issuance of exemptions.
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| An exemption shall be approved when information required by the | 2 |
| Board by rule
is submitted. Projects
eligible for an exemption, | 3 |
| rather than a permit, include, but are not limited
to,
change | 4 |
| of ownership of a health care facility. For a change of
| 5 |
| ownership of a health care
facility between related persons, | 6 |
| the State Board shall provide by rule for an
expedited
process | 7 |
| for obtaining an exemption.
| 8 |
| (c) All applications shall be signed by the applicant and | 9 |
| shall be
verified by any 2 officers thereof.
| 10 |
| (d) Upon receipt of an application for a permit, the State | 11 |
| Board shall
approve and authorize the issuance of a permit if | 12 |
| it finds (1) that the
applicant is fit, willing, and able to | 13 |
| provide a proper standard of
health care service for the | 14 |
| community with particular regard to the
qualification, | 15 |
| background and character of the applicant, (2) that
economic | 16 |
| feasibility is demonstrated in terms of effect on the existing
| 17 |
| and projected operating budget of the applicant and of the | 18 |
| health care
facility; in terms of the applicant's ability to | 19 |
| establish and operate
such facility in accordance with | 20 |
| licensure regulations promulgated under
pertinent state laws; | 21 |
| and in terms of the projected impact on the total
health care | 22 |
| expenditures in the facility and community, (3) that
safeguards | 23 |
| are provided which assure that the establishment,
construction | 24 |
| or modification of the health care facility or acquisition
of | 25 |
| major medical equipment is consistent
with the public interest | 26 |
| and maintain or enhance access to health care services, the | 27 |
| level of community benefits, and the level of charity care , and | 28 |
| (4) that the proposed project is consistent
with the orderly | 29 |
| and economic
development of such facilities and equipment and | 30 |
| is in accord with standards,
criteria, or plans of need adopted | 31 |
| and approved pursuant to the
provisions of Section 12 of this | 32 |
| Act.
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| (Source: P.A. 93-41, eff. 6-27-03.)
| 34 |
| (20 ILCS 3960/8) (from Ch. 111 1/2, par. 1158)
| 35 |
| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 8. The Agency shall assist communities and regions | 2 |
| throughout
the State to establish areawide health planning | 3 |
| organizations and, in
particular, shall assist such | 4 |
| organizations to develop health care
facilities planning which | 5 |
| meets the criteria for recognition thereof.
Areawide health | 6 |
| planning organizations may be recognized to do health
| 7 |
| facilities planning by providing this component of health | 8 |
| planning
within the organization or by contracting with a | 9 |
| special-purpose health
planning organization that meets the | 10 |
| criteria for health facilities
planning.
| 11 |
| Recognition of these organizations with regard to health | 12 |
| facilities
planning, including establishment of the criteria | 13 |
| for such recognition,
shall be the responsibility of the State | 14 |
| Board, as provided elsewhere in
this Act.
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| The Agency is authorized to make grants-in-aid or to | 16 |
| furnish direct
services to organizations in the development of | 17 |
| health facilities
planning capability, as a part of other | 18 |
| financial and service assistance
which the Agency is empowered | 19 |
| and required to provide in support of
health planning | 20 |
| organizations.
| 21 |
| Upon receipt of an application for a permit to establish, | 22 |
| construct
or modify a health care facility, the Agency shall | 23 |
| notify the applicant
in writing within 10 working days either | 24 |
| that the application is
complete or the reasons why the | 25 |
| application is not complete. If the
application is complete, | 26 |
| the Agency shall notify affected persons of the
beginning of a | 27 |
| review and the review time cycle for the purposes of this
Act | 28 |
| shall begin on the date this notification is mailed.
| 29 |
| Upon notifying affected persons of the beginning of a | 30 |
| review of an
application for a permit, a complete copy of such | 31 |
| application shall be transmitted to
the areawide health | 32 |
| planning organization serving the area or
community where the | 33 |
| health care facility or major medical equipment
is proposed to | 34 |
| be acquired, established,
constructed or modified. The Agency | 35 |
| shall also transmit a complete copy
of such application to any | 36 |
| reasonably contiguous areawide
health planning organization. |
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| The Agency shall afford a reasonable time
as established by the | 2 |
| State Board, but not to exceed 120 days in length,
for the | 3 |
| areawide planning organizations' review of the
application. | 4 |
| After reviewing the application, each recognized areawide
| 5 |
| planning organization shall certify its findings to the State | 6 |
| Board as
to whether or not the application is approved or | 7 |
| disapproved in
accordance with standards, criteria or plans of | 8 |
| need adopted and
approved by the recognized areawide health | 9 |
| planning organization
pursuant to its recognition by the State | 10 |
| Board for health care
facilities planning. The 120-day period | 11 |
| shall begin on the day the
application is found to be | 12 |
| substantially complete, as that term is
defined by the State | 13 |
| Board. During such 120-day period, the applicant
may request an | 14 |
| extension. An applicant may modify the application at
any time | 15 |
| prior to a final administrative decision on the application.
| 16 |
| Upon its receipt of an application, the areawide health | 17 |
| planning
organization or the Agency, as the case may be, may | 18 |
| submit a copy of
such application to the federally-recognized | 19 |
| professional standards
review organization, if any, and | 20 |
| appropriate local health planning
organization, if any, | 21 |
| existing in the area where the proposed project is
to occur. | 22 |
| Such organizations may review the application for a permit and
| 23 |
| submit, within 30 days from the receipt of the application, a | 24 |
| finding to
the agency or to the areawide health planning | 25 |
| organization, as the case
may be. A review and finding by a | 26 |
| federally-recognized professional
standards review | 27 |
| organization must be relevant to the activities for
which such | 28 |
| organization is recognized, and shall be considered by the
| 29 |
| Agency or the areawide health planning organization, as the | 30 |
| case may be,
in its review of the application.
| 31 |
| The State Board shall prescribe and provide the forms upon | 32 |
| which the
review and finding of the organization shall be made. | 33 |
| The recognized
areawide health planning organizations shall | 34 |
| submit their review and
finding to the Agency for its finding | 35 |
| on the application and transmittal
to the State Board for its | 36 |
| consideration of denial or approval.
|
|
|
|
HB6769 |
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LRB093 18334 AMC 44040 b |
|
| 1 |
| If there is no areawide health planning organization in the | 2 |
| area
where the proposed establishment, construction or | 3 |
| modification of a
health care facility is to occur, then the | 4 |
| Agency shall be afforded a
reasonable time, but not to exceed | 5 |
| 120 days, for its review and finding
thereon. The Agency shall | 6 |
| submit its review and finding to the State
Board for its | 7 |
| approval or denial of the permit.
| 8 |
| When an application for a permit is initially reviewed by a
| 9 |
| recognized areawide health planning organization or the | 10 |
| Agency, as
herein provided, the organization or the Agency, as | 11 |
| the case may be,
shall ensure that a public hearing is | 12 |
| conducted if one or more of the following circumstances apply: | 13 |
| the review to be conducted is competitive; the proponent | 14 |
| proposes to spend $5,000,000 or more; a written request for a | 15 |
| public hearing is received before the end of the comment | 16 |
| period; or the Agency determines that a hearing is in the | 17 |
| public interest. The
afford an opportunity for a public hearing | 18 |
| must be held within a reasonable time
after receipt of
the | 19 |
| complete application, not to exceed 90 days. Notice of such | 20 |
| hearing
shall be made promptly by certified mail to the | 21 |
| applicant and, within 20
10
days of the hearing, by publication | 22 |
| on 3 consecutive days in a newspaper of general
circulation in | 23 |
| the area or community to be affected. For hearings pertaining | 24 |
| to facilities located within a metropolitan statistical area, | 25 |
| notice of the hearing must be made by publication on 3 | 26 |
| consecutive days in 2 newspapers of general circulation in the | 27 |
| area or community to be affected. Such hearing shall
be | 28 |
| conducted in the area or community where the proposed project | 29 |
| is to occur,
and
shall be for the purpose of allowing the | 30 |
| applicant and any interested
person to present public testimony | 31 |
| concerning the approval, denial,
renewal or revocation of the | 32 |
| permit. All interested persons attending
such hearing shall be | 33 |
| given reasonable opportunity to present their
views or | 34 |
| arguments in writing or orally, and a record of all such
| 35 |
| testimony shall accompany any recommendation of the Agency or | 36 |
| the
recognized areawide health planning organization for the |
|
|
|
HB6769 |
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LRB093 18334 AMC 44040 b |
|
| 1 |
| issuance, denial,
revocation or renewal of a permit to the | 2 |
| State Board. The State Board
shall promulgate reasonable rules | 3 |
| and regulations governing the
procedure and conduct of such | 4 |
| hearings.
| 5 |
| (Source: P.A. 88-18 .)
|
|