Public Act 095-0237
 
HB0304 Enrolled LRB095 03559 BDD 25927 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Health Facilities Planning Act is
amended by changing Section 6 as follows:
 
    (20 ILCS 3960/6)  (from Ch. 111 1/2, par. 1156)
    (Section scheduled to be repealed on April 1, 2007)
    Sec. 6. Application for permit or exemption; exemption
regulations.
    (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.
    (b) The State Board shall establish by regulation the
procedures and requirements regarding issuance of exemptions.
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
ownership of a health care facility between related persons,
the State Board shall provide by rule for an expedited process
for obtaining an exemption.
    (c) All applications shall be signed by the applicant and
shall be verified by any 2 officers thereof.
    (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.
    (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
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
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.
(Source: P.A. 93-41, eff. 6-27-03.)

Effective Date: 1/1/2008