Full Text of HB4964 99th General Assembly
HB4964 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4964 Introduced 2/5/2016, by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Health Facilities Planning Act. Requires the State Board to publish legal notice for change of ownership of a health care facility, discontinuation of a health care facility, or discontinuation of a category of service on 5 consecutive days (rather than one day or 3 consecutive days) in a newspaper of general circulation in the area or community to be affected. Provides that upon a finding that an application to close a health care facility is complete, the State Board shall hold a hearing (rather than merely afford an opportunity to request a hearing). Provides that upon a finding that an application to discontinue a category of service is complete, the State Board shall hold a public hearing before an exemption is issued. Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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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Act is | 5 | | amended by changing Section 8.5 as follows: | 6 | | (20 ILCS 3960/8.5) | 7 | | (Section scheduled to be repealed on December 31, 2019) | 8 | | Sec. 8.5. Certificate of exemption for change of ownership | 9 | | of a health care facility; discontinuation of a health care | 10 | | facility or category of service; public notice and public | 11 | | hearing. | 12 | | (a) Upon a finding that an application for a change of | 13 | | ownership is complete, the State Board shall publish a legal | 14 | | notice on 5 consecutive days one day in a newspaper of general | 15 | | circulation in the area or community to be affected and afford | 16 | | the public an opportunity to request a hearing. If the | 17 | | application is for a facility located in a Metropolitan | 18 | | Statistical Area, an additional legal notice shall be published | 19 | | in a newspaper of limited circulation, if one exists, in the | 20 | | area in which the facility is located. If the newspaper of | 21 | | limited circulation is published on a daily basis, the | 22 | | additional legal notice shall be published on 5 consecutive | 23 | | days one day . The applicant shall pay the cost incurred by the |
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| 1 | | Board in publishing the change of ownership notice in | 2 | | newspapers as required under this subsection. The legal notice | 3 | | shall also be posted on the Health Facilities and Services | 4 | | Review Board's web site and sent to the State Representative | 5 | | and State Senator of the district in which the health care | 6 | | facility is located. An application for change of ownership of | 7 | | a hospital shall not be deemed complete without a signed | 8 | | certification that for a period of 2 years after the change of | 9 | | ownership transaction is effective, the hospital will not adopt | 10 | | a charity care policy that is
more restrictive than the policy | 11 | | in effect during the year prior to the transaction. An | 12 | | application for a change of ownership need not contain signed | 13 | | transaction documents so long as it includes the following key | 14 | | terms of the transaction: names and background of the parties; | 15 | | structure of the transaction; the person who will be the | 16 | | licensed or certified entity after the transaction; the | 17 | | ownership or membership interests in such licensed or certified | 18 | | entity both prior to and after the transaction; fair market | 19 | | value of assets to be transferred; and the purchase price or | 20 | | other form of consideration to be provided for those assets. | 21 | | The issuance of the certificate of exemption shall be | 22 | | contingent upon the applicant submitting a statement to the | 23 | | Board within 90 days after the closing date of the transaction, | 24 | | or such longer period as provided by the Board, certifying that | 25 | | the change of ownership has been completed in accordance with | 26 | | the key terms contained in the application. If such key terms |
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| 1 | | of the transaction change, a new application shall be required. | 2 | | Where a change of ownership is among related persons, and | 3 | | there are no other changes being proposed at the health care | 4 | | facility that would otherwise require a permit or exemption | 5 | | under this Act, the applicant shall submit an application | 6 | | consisting of a standard notice in a form set forth by the | 7 | | Board briefly explaining the reasons for the proposed change of | 8 | | ownership. Once such an application is submitted to the Board | 9 | | and reviewed by the Board staff, the Board Chair shall take | 10 | | action on an application for an exemption for a change of | 11 | | ownership among related persons within 45 days after the | 12 | | application has been deemed complete, provided the application | 13 | | meets the applicable standards under this Section. If the Board | 14 | | Chair has a conflict of interest or for other good cause, the | 15 | | Chair may request review by the Board. Notwithstanding any | 16 | | other provision of this Act, for purposes of this Section, a | 17 | | change of ownership among related persons means a transaction | 18 | | where the parties to the transaction are under common control | 19 | | or ownership before and after the transaction is completed. | 20 | | Nothing in this Act shall be construed as authorizing the | 21 | | Board to impose any conditions, obligations, or limitations, | 22 | | other than those required by this Section, with respect to the | 23 | | issuance of an exemption for a change of ownership, including, | 24 | | but not limited to, the time period before which a subsequent | 25 | | change of ownership of the health care facility could be | 26 | | sought, or the commitment to continue to offer for a specified |
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| 1 | | time period any services currently offered by the health care | 2 | | facility. | 3 | | (a-3) Upon a finding that an application to close a health | 4 | | care facility is complete, the State Board shall publish a | 5 | | legal notice on 5 3 consecutive days in a newspaper of general | 6 | | circulation in the area or community to be affected and shall | 7 | | hold a public afford the public an opportunity to request a | 8 | | hearing. If the application is for a facility located in a | 9 | | Metropolitan Statistical Area, an additional legal notice | 10 | | shall be published in a newspaper of limited circulation, if | 11 | | one exists, in the area in which the facility is located. If | 12 | | the newspaper of limited circulation is published on a daily | 13 | | basis, the additional legal notice shall be published on 5 3 | 14 | | consecutive days. The legal notice shall also be posted on the | 15 | | Health Facilities and Services Review Board's web site and sent | 16 | | to the State Representative and State Senator of the district | 17 | | in which the health care facility is located. | 18 | | (a-5) Upon a finding that an application to discontinue a | 19 | | category of service is complete and provides the requested | 20 | | information, as specified by the State Board, the State Board | 21 | | shall publish a legal notice on 5 consecutive days in a | 22 | | newspaper of general circulation in the area or community to be | 23 | | affected by the discontinuation of service, and a public | 24 | | hearing shall be held before an exemption shall be issued. If | 25 | | the application is for discontinuation of service at a facility | 26 | | located in a Metropolitan Statistical Area, an additional legal |
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| 1 | | notice shall be published in a newspaper of limited | 2 | | circulation, if one exists, in the area in which the facility | 3 | | is located. If the newspaper of limited circulation is | 4 | | published on a daily basis, the additional legal notice shall | 5 | | be published on 5 consecutive days. The legal notice shall also | 6 | | be posted on the Health Facilities and Services Review Board's | 7 | | web site. No later than 30 days after the issuance of the | 8 | | exemption, the health care facility must give written notice of | 9 | | the discontinuation of the category of service to the State | 10 | | Senator and State Representative serving the legislative | 11 | | district in which the health care facility is located. | 12 | | (b) If a public hearing is held requested , it shall be held | 13 | | at least 15 days but no more than 30 days after the date of | 14 | | publication of the legal notice in the community in which the | 15 | | facility is located. The hearing shall be held in the affected | 16 | | area or community in a place of reasonable size and | 17 | | accessibility and a full and complete written transcript of the | 18 | | proceedings shall be made. The applicant shall provide a | 19 | | summary of the proposal for distribution at the public hearing.
| 20 | | (c) For the purposes of this Section "newspaper of limited | 21 | | circulation" means a newspaper intended to serve a particular | 22 | | or defined population of a specific geographic area within a | 23 | | Metropolitan Statistical Area such as a municipality, town, | 24 | | village, township, or community area, but does not include | 25 | | publications of professional and trade associations. | 26 | | (Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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