Illinois General Assembly - Full Text of HB4736
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Full Text of HB4736  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,
3represented in the General Assembly:
4    Section 5. The Illinois Health Facilities Planning Act is
5amended 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7    (Section scheduled to be repealed on December 31, 2029)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
10    (a) An application for a permit or exemption shall be made
11to the State Board upon forms provided by the State Board. This
12application shall contain such information as the State Board
13deems necessary. The State Board shall not require an
14applicant to file a Letter of Intent before an application is
15filed. Such application shall include affirmative evidence on
16which the State Board or Chairman may make its decision on the
17approval or denial of the permit or exemption.
18    (b) The State Board shall establish by regulation the
19procedures and requirements regarding issuance of exemptions.
20An exemption shall be approved when information required by
21the Board by rule is submitted. Projects eligible for an
22exemption, rather than a permit, include, but are not limited
23to, change of ownership of a health care facility and



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1discontinuation of a category of service, other than a health
2care facility maintained by the State or any agency or
3department thereof or a nursing home maintained by a county.
4The Board may accept an application for an exemption for the
5discontinuation of a category of service at a health care
6facility only once in a 6-month period following (1) the
7previous application for exemption at the same health care
8facility or (2) the final decision of the Board regarding the
9discontinuation of a category of service at the same health
10care facility, whichever occurs later. A discontinuation of a
11category of service shall otherwise require an application for
12a permit if an application for an exemption has already been
13accepted within the 6-month period. For a change of ownership
14among related persons of a health care facility, the State
15Board shall provide by rule for an expedited process for
16obtaining an exemption. For the purposes of this Section,
17"change of ownership among related persons" means a
18transaction in which the parties to the transaction are under
19common control or ownership before and after the transaction
20is complete.
21    (c) All applications shall be signed by the applicant and
22shall be verified by any 2 officers thereof.
23    (c-5) Any written review or findings of the Board staff
24set forth in the State Board Staff Report concerning an
25application for a permit must be made available to the public
26and the applicant at least 14 calendar days before the meeting



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1of the State Board at which the review or findings are
2considered. The applicant and members of the public may
3submit, to the State Board, written responses regarding the
4facts set forth in the review or findings of the Board staff.
5Members of the public and the applicant shall have 5 days from
6the posting of the State Board Staff Report until 10 days
7before the meeting of the State Board to submit any written
8response specific to concerning the Board staff's written
9review or findings. The written response shall not be used to
10introduce information that was not provided in the original
11application. The Board staff may revise any findings to
12address corrections of factual errors cited in the public
13response. At the meeting, the State Board may, in its
14discretion, permit the submission of other additional written
16    (d) Upon receipt of an application for a permit, the State
17Board shall approve and authorize the issuance of a permit if
18it finds (1) that the applicant is fit, willing, and able to
19provide a proper standard of health care service for the
20community with particular regard to the qualification,
21background and character of the applicant, (2) that economic
22feasibility is demonstrated in terms of effect on the existing
23and projected operating budget of the applicant and of the
24health care facility; in terms of the applicant's ability to
25establish and operate such facility in accordance with
26licensure regulations promulgated under pertinent state laws;



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1and in terms of the projected impact on the total health care
2expenditures in the facility and community, (3) that
3safeguards are provided that assure that the establishment,
4construction or modification of the health care facility or
5acquisition of major medical equipment is consistent with the
6public interest, and (4) that the proposed project is
7consistent with the orderly and economic development of such
8facilities and equipment and is in accord with standards,
9criteria, or plans of need adopted and approved pursuant to
10the provisions of Section 12 of this Act.
11(Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18;
12101-83, eff. 7-15-19.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.