91st General Assembly
Summary of HB0733
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House Sponsors:
WOOLARD-BLACK-BRUNSVOLD-BOST-JONES,JOHN AND TENHOUSE.

Senate Sponsors:
WATSON-REA-O'DANIEL

Short description: 
HOSPITAL COOPERATION ACT                                                   

Synopsis of Bill as introduced:
        Amends the Health Facilities Planning Act.  Adds  a  caption  and      
   makes a stylistic change to the Section creating the Health Facilities      
   Planning Board.                                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          20 ILCS 3960/4                                                       
          Adds reference to:                                                   
          20 ILCS 3960/13.5 new                                                
          20 ILCS 3960/13.9 new                                                
          20 ILCS 3960/13.10 new                                               
          20 ILCS 3960/13.15 new                                               
          20 ILCS 3960/13.20 new                                               
          20 ILCS 3960/13.25 new                                               
          20 ILCS 3960/13.30 new                                               
          20 ILCS 3960/13.35 new                                               
          740 ILCS 10/5                                                        
        Deletes everything. Amends the Illinois Health Facilities              
   Planning Act. Provides that health care providers may enter into            
   agreements concerning the allocation of health care equipment and           
   services among those providers with immunity from civil and criminal        
   liability under the Illinois and federal antitrust Acts. States goals       
   that the agreements must be designed to achieve. Provides that only         
   agreements approved by the Health Facilities Planning Board have the        
   benefit of the immunity conferred by the Act. Provides that the Board       
   may rescind approval of the agreement if certain conditions have not        
   been met. Provides that the Attorney General may proceed with criminal      
   or civil liability actions under the Illinois Antitrust Act against         
   health care providers who have exceeded the scope of the actions            
   authorized by this amendatory Act. Amends the Illinois Antitrust Act.       
   Provides that the Act does not prohibit health care providers and           
   their boards, officers, and employees from negotiating, entering into,      
   and implementing cooperative agreements approved by the Health              
   Facilities Planning Board.                                                  
        HOUSE AMENDMENT NO. 3.                                                 
          Deletes reference to:                                                
          20 ILCS 3960/13.5 new                                                
          20 ILCS 3960/13.9 new                                                
          20 ILCS 3960/13.10 new                                               
          20 ILCS 3960/13.15 new                                               
          20 ILCS 3960/13.20 new                                               
          20 ILCS 3960/13.25 new                                               
          20 ILCS 3960/13.30 new                                               
          20 ILCS 3960/13.35 new                                               
          Adds reference to:                                                   
          20 ILCS 3960/4                  from Ch. 111 1/2, par. 1154          
        Deletes everything.  Amends the Health  Facilities Planning  Act.      
   Adds  a  caption and makes a stylistic change to the Section regarding      
   the Health Facilities Planning Board.                                       
        SENATE AMENDMENT NO. 1. (Senate recedes May 27, 1999)                  
        Adds an immediate effective date.                                      
        CONFERENCE COMMITTEE REPORT NO. 1.                                     
        Recommends that the Senate recede from S-am 1.                         
        Recommends that the bill be amended as follows:                        
          Deletes reference to:                                                
          20 ILCS 3960/4                                                       
          Adds reference to:                                                   
          New Act                                                              
          740 ILCS 10/5                                                        
        Deletes everything.     Creates  the  Hospital  Cooperation  Act.      
   Authorizes  a health care cooperative agreement that is not subject to      
   antitrust laws in Health Service Area V, a designated area  consisting      
   of  30  named counties in southern Illinois.   Creates the Cooperative      
   Hospital Agreement Board.   Provides that the Board,  in  consultation      
   with  the  Attorney  General,  shall  commission  a study to determine      
   whether allowing a cooperative agreement will enhance the  quality  of      
   and  access  to open-heart surgery in Health Service Area V.  Provides      
   the Board shall issue a written decision regarding an application  for      
   a permit to enter into a cooperative agreement based on the recommen-       
   dation of the Attorney General and that the decision shall contain          
   specified findings of fact. Provides that appeals of Board decisions        
   are subject to the terms of the Administrative Review Law, and any          
   person adversely affected by a decision to grant or deny a permit has       
   standing to obtain judicial review of that decision.    Provides  that      
   the  Act  does  not  require a health care provider to obtain approval      
   from the Board of any  cooperative  agreement.     Provides  that  the      
   Board  shall  supervise,  monitor,  and regulate approved agreements.       
   Provides that the Board shall periodically  review  existing  permits.      
   Provides  that  the  Board  may impose an administrative fine of up to      
   $10,000 per day on a party who is not in compliance with the terms  of      
   an  agreement. Provides the Board may revoke an agreement if specified      
   conditions exist. Provides that the Act does not provide immunity  for      
   non-approved  agreements in violation of antitrust laws. Provides that      
   the Attorney General may institute antitrust proceedings if parties to      
   an  agreement  have  exceeded the scope of activities permitted by the      
   Act.  Provides the Board shall adopt rules for implementation  of  the      
   Act on an emergency basis and shall subsequently  adopt  identical  or      
   different rules. Amends the Illinois Antitrust Act. Provides that the       
   Act does not make illegal the activities of any person licensed by the      
   State of Illinois under the Hospital Licensing Act, or such a               
   licensee's governing board members and officers, in discussing,             
   negotiating, and entering into a cooperative agreement with another         
   licensed hospital to develop and jointly operate under State                
   supervision hospital-based open-heart surgery as authorized under the       
   Hospital Cooperation Act. Effective immediately.                            
 
Last action on Bill: TOTAL VETO STANDS

   Last action date: 99-12-02

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


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