Sen. Ira I. Silverstein
Filed: 5/20/2004
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1 | AMENDMENT TO HOUSE BILL 779
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2 | AMENDMENT NO. ______. Amend House Bill 779 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Health Facilities Planning Act is | ||||||
5 | amended by changing Section 6 as follows:
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6 | (20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
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7 | (Section scheduled to be repealed on July 1, 2008)
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8 | Sec. 6. Application for permit or exemption; exemption | ||||||
9 | regulations.
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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. Such
application shall include affirmative | ||||||
14 | evidence on which the Director may
make the findings required | ||||||
15 | under this Section and upon which the State
Board may make its | ||||||
16 | decision on the approval or denial of the permit or
exemption.
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17 | (b) The State Board shall establish by regulation the | ||||||
18 | procedures and
requirements
regarding issuance of exemptions.
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19 | An exemption shall be approved when information required by the | ||||||
20 | Board by rule
is submitted. In the case of change of ownership | ||||||
21 | of a hospital, the State Board shall provide by rule for a | ||||||
22 | certificate of exemption review process that includes | ||||||
23 | consideration of the following, without limitation: (1) a | ||||||
24 | capitalization plan and other appropriate documentation |
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1 | supporting the hospital's continued financial viability after | ||||||
2 | the proposed change of ownership; (2) the impact of the | ||||||
3 | proposed change of ownership on the delivery of community | ||||||
4 | benefits and charity care to the hospital's service area; (3) | ||||||
5 | the regulatory, financial, legal, and operational background | ||||||
6 | of the proposed owner and its principals; and (4) the impact of | ||||||
7 | the proposed change of ownership on access to and the cost of | ||||||
8 | health care services in the hospital's service area. Projects
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9 | eligible for an exemption, rather than a permit, include, but | ||||||
10 | are not limited
to,
change of ownership of a health care | ||||||
11 | facility. For a change of
ownership of a health care
facility | ||||||
12 | between related persons, the State Board shall provide by rule | ||||||
13 | for an
expedited
process for obtaining an exemption.
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14 | (c) All applications shall be signed by the applicant and | ||||||
15 | shall be
verified by any 2 officers thereof.
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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
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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; | ||||||
27 | and in terms of the projected impact on the total
health care | ||||||
28 | expenditures in the facility and community, (3) that
safeguards | ||||||
29 | are provided which assure that the establishment,
construction | ||||||
30 | or modification of the health care facility or acquisition
of | ||||||
31 | major medical equipment is consistent
with the public interest | ||||||
32 | and maintains or enhances access to health care services, level | ||||||
33 | of community benefits, and level of charity care , and (4) that | ||||||
34 | the proposed project is consistent
with the orderly and |
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1 | economic
development of such facilities and equipment and is in | ||||||
2 | accord with standards,
criteria, or plans of need adopted and | ||||||
3 | approved pursuant to the
provisions of Section 12 of this Act.
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4 | (Source: P.A. 93-41, eff. 6-27-03.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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