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Public Act 095-0237
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| HB0304 Enrolled |
LRB095 03559 BDD 25927 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Health Facilities Planning Act is |
amended by changing Section 6 as follows:
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(20 ILCS 3960/6) (from Ch. 111 1/2, par. 1156)
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(Section scheduled to be repealed on April 1, 2007)
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Sec. 6. Application for permit or exemption; exemption |
regulations.
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(a) An application for a permit or exemption shall be made |
to
the State Board upon forms provided by the State Board. This |
application
shall contain such information
as the State Board |
deems necessary. Such
application shall include affirmative |
evidence on which the Director may
make the findings required |
under this Section and upon which the State
Board may make its |
decision on the approval or denial of the permit or
exemption.
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(b) The State Board shall establish by regulation the |
procedures and
requirements
regarding issuance of exemptions.
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An exemption shall be approved when information required by the |
Board by rule
is submitted. Projects
eligible for an exemption, |
rather than a permit, include, but are not limited
to,
change |
of ownership of a health care facility. For a change of
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ownership of a health care
facility between related persons, |
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the State Board shall provide by rule for an
expedited
process |
for obtaining an exemption.
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(c) All applications shall be signed by the applicant and |
shall be
verified by any 2 officers thereof.
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(c-5) Any written review or findings of the Agency or any |
other reviewing organization under Section 8 concerning an |
application for a permit must be made available to the public |
at least 14 calendar days before the meeting of the State Board |
at which the review or findings are considered. The applicant |
and members of the public may submit, to the State Board, |
written responses in support of or in opposition to the review |
or findings of the Agency or reviewing organization. A written |
response must be submitted at least 2 business days before the |
meeting of the State Board. At the meeting, the State Board |
may, in its discretion, permit the submission of additional |
written materials.
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(d) Upon receipt of an application for a permit, the State |
Board shall
approve and authorize the issuance of a permit if |
it finds (1) that the
applicant is fit, willing, and able to |
provide a proper standard of
health care service for the |
community with particular regard to the
qualification, |
background and character of the applicant, (2) that
economic |
feasibility is demonstrated in terms of effect on the existing
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and projected operating budget of the applicant and of the |
health care
facility; in terms of the applicant's ability to |
establish and operate
such facility in accordance with |
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licensure regulations promulgated under
pertinent state laws; |
and in terms of the projected impact on the total
health care |
expenditures in the facility and community, (3) that
safeguards |
are provided which assure that the establishment,
construction |
or modification of the health care facility or acquisition
of |
major medical equipment is consistent
with the public interest, |
and (4) that the proposed project is consistent
with the |
orderly and economic
development of such facilities and |
equipment and is in accord with standards,
criteria, or plans |
of need adopted and approved pursuant to the
provisions of |
Section 12 of this Act.
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(Source: P.A. 93-41, eff. 6-27-03.)
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