Full Text of HB4736 102nd General Assembly
HB4736eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended by changing Section 6 as follows:
| 6 | | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
| 7 | | (Section scheduled to be repealed on December 31, 2029)
| 8 | | Sec. 6. Application for permit or exemption; exemption | 9 | | regulations.
| 10 | | (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. The State Board shall not require an | 14 | | applicant to file a Letter of Intent before an application is | 15 | | filed. Such
application shall include affirmative evidence on | 16 | | which the State
Board or Chairman may make its decision on the | 17 | | approval or denial of the permit or
exemption.
| 18 | | (b) The State Board shall establish by regulation the | 19 | | procedures and
requirements
regarding issuance of exemptions.
| 20 | | An exemption shall be approved when information required by | 21 | | the Board by rule
is submitted. Projects
eligible for an | 22 | | exemption, rather than a permit, include, but are not limited
| 23 | | to,
change of ownership of a health care facility and |
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| 1 | | discontinuation of a category of service, other than a health | 2 | | care facility maintained by the State or any agency or | 3 | | department thereof or a nursing home maintained by a county. | 4 | | The Board may accept an application for an exemption for the | 5 | | discontinuation of a category of service at a health care | 6 | | facility only once in a 6-month period following (1) the | 7 | | previous application for exemption at the same health care | 8 | | facility or (2) the final decision of the Board regarding the | 9 | | discontinuation of a category of service at the same health | 10 | | care facility, whichever occurs later. A discontinuation of a | 11 | | category of service shall otherwise require an application for | 12 | | a permit if an application for an exemption has already been | 13 | | accepted within the 6-month period. For a change of
ownership | 14 | | among related persons of a health care
facility, the State | 15 | | Board shall provide by rule for an
expedited
process for | 16 | | obtaining an exemption. For the purposes of this Section, | 17 | | "change of ownership among related persons" means a | 18 | | transaction in which the parties to the transaction are under | 19 | | common control or ownership before and after the transaction | 20 | | is complete.
| 21 | | (c) All applications shall be signed by the applicant and | 22 | | shall be
verified by any 2 officers thereof.
| 23 | | (c-5) Any written review or findings of the Board staff | 24 | | set forth in the State Board Staff Report concerning an | 25 | | application for a permit must be made available to the public | 26 | | and the applicant at least 14 calendar days before the meeting |
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| 1 | | of the State Board at which the review or findings are | 2 | | considered. The applicant and members of the public may | 3 | | submit, to the State Board, written responses regarding the | 4 | | facts set forth in the review or findings of the Board staff. | 5 | | Members of the public and the applicant shall have 5 days from | 6 | | the posting of the State Board Staff Report until 10 days | 7 | | before the meeting of the State Board to submit any written | 8 | | response specific to concerning the Board staff's written | 9 | | review or findings. The written response shall not be used to | 10 | | introduce information that was not provided in the original | 11 | | application. The Board staff may revise any findings to | 12 | | address corrections of factual errors cited in the public | 13 | | response. At the meeting, the State Board may, in its | 14 | | discretion, permit the submission of other additional written | 15 | | materials.
| 16 | | (d) Upon receipt of an application for a permit, the State | 17 | | Board shall
approve and authorize the issuance of a permit if | 18 | | it finds (1) that the
applicant is fit, willing, and able to | 19 | | provide a proper standard of
health care service for the | 20 | | community with particular regard to the
qualification, | 21 | | background and character of the applicant, (2) that
economic | 22 | | feasibility is demonstrated in terms of effect on the existing
| 23 | | and projected operating budget of the applicant and of the | 24 | | health care
facility; in terms of the applicant's ability to | 25 | | establish and operate
such facility in accordance with | 26 | | licensure regulations promulgated under
pertinent state laws; |
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| 1 | | and in terms of the projected impact on the total
health care | 2 | | expenditures in the facility and community, (3) that
| 3 | | safeguards are provided that assure that the establishment,
| 4 | | construction or modification of the health care facility or | 5 | | acquisition
of major medical equipment is consistent
with the | 6 | | public interest, and (4) that the proposed project is | 7 | | consistent
with the orderly and economic
development of such | 8 | | facilities and equipment and is in accord with standards,
| 9 | | criteria, or plans of need adopted and approved pursuant to | 10 | | the
provisions of Section 12 of this Act.
| 11 | | (Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; | 12 | | 101-83, eff. 7-15-19.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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