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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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7 | (Section scheduled to be repealed on April 1, 2007)
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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. Projects
eligible for an exemption, | ||||||
21 | rather than a permit, include, but are not limited
to,
change | ||||||
22 | of ownership of a health care facility. For a change of
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23 | ownership of a health care
facility between related persons, |
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1 | the State Board shall provide by rule for an
expedited
process | ||||||
2 | for obtaining an exemption.
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3 | (c) All applications shall be signed by the applicant and | ||||||
4 | shall be
verified by any 2 officers thereof.
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5 | (c-5) Any written review or findings of the Agency or any | ||||||
6 | other reviewing organization under Section 8 concerning an | ||||||
7 | application for a permit must be made available to the public | ||||||
8 | at least 14 calendar days before the meeting of the State Board | ||||||
9 | at which the review or findings are considered. The applicant | ||||||
10 | and members of the public may submit, to the State Board, | ||||||
11 | written responses in support of or in opposition to the review | ||||||
12 | or findings of the Agency or reviewing organization. A written | ||||||
13 | response must be submitted at least 2 business days before the | ||||||
14 | meeting of the State Board. At the meeting, the State Board | ||||||
15 | may, in its discretion, permit the submission of additional | ||||||
16 | written materials.
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17 | (d) Upon receipt of an application for a permit, the State | ||||||
18 | Board shall
approve and authorize the issuance of a permit if | ||||||
19 | it finds (1) that the
applicant is fit, willing, and able to | ||||||
20 | provide a proper standard of
health care service for the | ||||||
21 | community with particular regard to the
qualification, | ||||||
22 | background and character of the applicant, (2) that
economic | ||||||
23 | feasibility is demonstrated in terms of effect on the existing
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24 | and projected operating budget of the applicant and of the | ||||||
25 | health care
facility; in terms of the applicant's ability to | ||||||
26 | establish and operate
such facility in accordance with |
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1 | licensure regulations promulgated under
pertinent state laws; | ||||||
2 | and in terms of the projected impact on the total
health care | ||||||
3 | expenditures in the facility and community, (3) that
safeguards | ||||||
4 | are provided which assure that the establishment,
construction | ||||||
5 | or modification of the health care facility or acquisition
of | ||||||
6 | major medical equipment is consistent
with the public interest, | ||||||
7 | and (4) that the proposed project is consistent
with the | ||||||
8 | orderly and economic
development of such facilities and | ||||||
9 | equipment and is in accord with standards,
criteria, or plans | ||||||
10 | of need adopted and approved pursuant to the
provisions of | ||||||
11 | Section 12 of this Act.
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12 | (Source: P.A. 93-41, eff. 6-27-03 .)
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