Illinois General Assembly - Full Text of HB4964
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Full Text of HB4964  99th General Assembly


Rep. Litesa E. Wallace

Filed: 4/7/2016





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2    AMENDMENT NO. ______. Amend House Bill 4964 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Health Facilities Planning Act is
5amended 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7    (Section scheduled to be repealed on December 31, 2019)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
9of a health care facility; discontinuation of a health care
10facility or category of service; public notice and public
12    (a) Upon a finding that an application for a change of
13ownership is complete, the State Board shall publish a legal
14notice on one day in a newspaper of general circulation in the
15area or community to be affected and afford the public an
16opportunity to request a hearing. If the application is for a



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1facility located in a Metropolitan Statistical Area, an
2additional legal notice shall be published in a newspaper of
3limited circulation, if one exists, in the area in which the
4facility is located. If the newspaper of limited circulation is
5published on a daily basis, the additional legal notice shall
6be published on one day. The applicant shall pay the cost
7incurred by the Board in publishing the change of ownership
8notice in newspapers as required under this subsection. The
9legal notice shall also be posted on the Health Facilities and
10Services Review Board's web site and sent to the State
11Representative and State Senator of the district in which the
12health care facility is located. An application for change of
13ownership of a hospital shall not be deemed complete without a
14signed certification that for a period of 2 years after the
15change of ownership transaction is effective, the hospital will
16not adopt a charity care policy that is more restrictive than
17the policy in effect during the year prior to the transaction.
18An application for a change of ownership need not contain
19signed transaction documents so long as it includes the
20following key terms of the transaction: names and background of
21the parties; structure of the transaction; the person who will
22be the licensed or certified entity after the transaction; the
23ownership or membership interests in such licensed or certified
24entity both prior to and after the transaction; fair market
25value of assets to be transferred; and the purchase price or
26other form of consideration to be provided for those assets.



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1The issuance of the certificate of exemption shall be
2contingent upon the applicant submitting a statement to the
3Board within 90 days after the closing date of the transaction,
4or such longer period as provided by the Board, certifying that
5the change of ownership has been completed in accordance with
6the key terms contained in the application. If such key terms
7of the transaction change, a new application shall be required.
8    Where a change of ownership is among related persons, and
9there are no other changes being proposed at the health care
10facility that would otherwise require a permit or exemption
11under this Act, the applicant shall submit an application
12consisting of a standard notice in a form set forth by the
13Board briefly explaining the reasons for the proposed change of
14ownership. Once such an application is submitted to the Board
15and reviewed by the Board staff, the Board Chair shall take
16action on an application for an exemption for a change of
17ownership among related persons within 45 days after the
18application has been deemed complete, provided the application
19meets the applicable standards under this Section. If the Board
20Chair has a conflict of interest or for other good cause, the
21Chair may request review by the Board. Notwithstanding any
22other provision of this Act, for purposes of this Section, a
23change of ownership among related persons means a transaction
24where the parties to the transaction are under common control
25or ownership before and after the transaction is completed.
26    Nothing in this Act shall be construed as authorizing the



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1Board to impose any conditions, obligations, or limitations,
2other than those required by this Section, with respect to the
3issuance of an exemption for a change of ownership, including,
4but not limited to, the time period before which a subsequent
5change of ownership of the health care facility could be
6sought, or the commitment to continue to offer for a specified
7time period any services currently offered by the health care
9    (a-3) Upon a finding that an application to close a health
10care facility is complete, the State Board shall publish a
11legal notice on 3 consecutive days in a newspaper of general
12circulation in the area or community to be affected and afford
13the public an opportunity to request a hearing. If the
14application is for a facility located in a Metropolitan
15Statistical Area, an additional legal notice shall be published
16in a newspaper of limited circulation, if one exists, in the
17area in which the facility is located. If the newspaper of
18limited circulation is published on a daily basis, the
19additional legal notice shall be published on 3 consecutive
20days. The legal notice shall also be posted on the Health
21Facilities and Services Review Board's web site and sent to the
22State Representative and State Senator of the district in which
23the health care facility is located. In addition, the health
24care facility shall provide notice of closure to the local
25media that the health care facility would routinely notify
26about facility events.



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1    (a-5) Upon a finding that an application to discontinue a
2category of service is complete and provides the requested
3information, as specified by the State Board, an exemption
4shall be issued. No later than 30 days after the issuance of
5the exemption, the health care facility must give written
6notice of the discontinuation of the category of service to the
7State Senator and State Representative serving the legislative
8district in which the health care facility is located.
9    (b) If a public hearing is requested, it shall be held at
10least 15 days but no more than 30 days after the date of
11publication of the legal notice in the community in which the
12facility is located. The hearing shall be held in the affected
13area or community in a place of reasonable size and
14accessibility and a full and complete written transcript of the
15proceedings shall be made. The applicant shall provide a
16summary of the proposal for distribution at the public hearing.
17    (c) For the purposes of this Section "newspaper of limited
18circulation" means a newspaper intended to serve a particular
19or defined population of a specific geographic area within a
20Metropolitan Statistical Area such as a municipality, town,
21village, township, or community area, but does not include
22publications of professional and trade associations.
23(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".