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Public Act 099-0551 | ||||
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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 8.5 as follows: | ||||
(20 ILCS 3960/8.5) | ||||
(Section scheduled to be repealed on December 31, 2019) | ||||
Sec. 8.5. Certificate of exemption for change of ownership | ||||
of a health care facility; discontinuation of a health care | ||||
facility or category of service; public notice and public | ||||
hearing. | ||||
(a) Upon a finding that an application for a change of | ||||
ownership is complete, the State Board shall publish a legal | ||||
notice on one day in a newspaper of general circulation in the | ||||
area or community to be affected and afford the public an | ||||
opportunity to request a hearing. If the application is for a | ||||
facility located in a Metropolitan Statistical Area, an | ||||
additional legal notice shall be published in a newspaper of | ||||
limited circulation, if one exists, in the area in which the | ||||
facility is located. If the newspaper of limited circulation is | ||||
published on a daily basis, the additional legal notice shall | ||||
be published on one day. The applicant shall pay the cost | ||||
incurred by the Board in publishing the change of ownership |
notice in newspapers as required under this subsection. The | ||
legal notice shall also be posted on the Health Facilities and | ||
Services Review Board's web site and sent to the State | ||
Representative and State Senator of the district in which the | ||
health care facility is located. An application for change of | ||
ownership of a hospital shall not be deemed complete without a | ||
signed certification that for a period of 2 years after the | ||
change of ownership transaction is effective, the hospital will | ||
not adopt a charity care policy that is
more restrictive than | ||
the policy in effect during the year prior to the transaction. | ||
An application for a change of ownership need not contain | ||
signed transaction documents so long as it includes the | ||
following key terms of the transaction: names and background of | ||
the parties; structure of the transaction; the person who will | ||
be the licensed or certified entity after the transaction; the | ||
ownership or membership interests in such licensed or certified | ||
entity both prior to and after the transaction; fair market | ||
value of assets to be transferred; and the purchase price or | ||
other form of consideration to be provided for those assets. | ||
The issuance of the certificate of exemption shall be | ||
contingent upon the applicant submitting a statement to the | ||
Board within 90 days after the closing date of the transaction, | ||
or such longer period as provided by the Board, certifying that | ||
the change of ownership has been completed in accordance with | ||
the key terms contained in the application. If such key terms | ||
of the transaction change, a new application shall be required. |
Where a change of ownership is among related persons, and | ||
there are no other changes being proposed at the health care | ||
facility that would otherwise require a permit or exemption | ||
under this Act, the applicant shall submit an application | ||
consisting of a standard notice in a form set forth by the | ||
Board briefly explaining the reasons for the proposed change of | ||
ownership. Once such an application is submitted to the Board | ||
and reviewed by the Board staff, the Board Chair shall take | ||
action on an application for an exemption for a change of | ||
ownership among related persons within 45 days after the | ||
application has been deemed complete, provided the application | ||
meets the applicable standards under this Section. If the Board | ||
Chair has a conflict of interest or for other good cause, the | ||
Chair may request review by the Board. Notwithstanding any | ||
other provision of this Act, for purposes of this Section, a | ||
change of ownership among related persons means a transaction | ||
where the parties to the transaction are under common control | ||
or ownership before and after the transaction is completed. | ||
Nothing in this Act shall be construed as authorizing the | ||
Board to impose any conditions, obligations, or limitations, | ||
other than those required by this Section, with respect to the | ||
issuance of an exemption for a change of ownership, including, | ||
but not limited to, the time period before which a subsequent | ||
change of ownership of the health care facility could be | ||
sought, or the commitment to continue to offer for a specified | ||
time period any services currently offered by the health care |
facility. | ||
(a-3) Upon a finding that an application to close a health | ||
care facility is complete, the State Board shall publish a | ||
legal notice on 3 consecutive days in a newspaper of general | ||
circulation in the area or community to be affected and afford | ||
the public an opportunity to request a hearing. If the | ||
application is for a facility located in a Metropolitan | ||
Statistical Area, an additional legal notice shall be published | ||
in a newspaper of limited circulation, if one exists, in the | ||
area in which the facility is located. If the newspaper of | ||
limited circulation is published on a daily basis, the | ||
additional legal notice shall be published on 3 consecutive | ||
days. The legal notice shall also be posted on the Health | ||
Facilities and Services Review Board's web site and sent to the | ||
State Representative and State Senator of the district in which | ||
the health care facility is located. In addition, the health | ||
care facility shall provide notice of closure to the local | ||
media that the health care facility would routinely notify | ||
about facility events. | ||
(a-5) Upon a finding that an application to discontinue a | ||
category of service is complete and provides the requested | ||
information, as specified by the State Board, an exemption | ||
shall be issued. No later than 30 days after the issuance of | ||
the exemption, the health care facility must give written | ||
notice of the discontinuation of the category of service to the | ||
State Senator and State Representative serving the legislative |
district in which the health care facility is located. | ||
(b) If a public hearing is requested, it shall be held at | ||
least 15 days but no more than 30 days after the date of | ||
publication of the legal notice in the community in which the | ||
facility is located. The hearing shall be held in the affected | ||
area or community in a place of reasonable size and | ||
accessibility and a full and complete written transcript of the | ||
proceedings shall be made. The applicant shall provide a | ||
summary of the proposal for distribution at the public hearing.
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(c) For the purposes of this Section "newspaper of limited | ||
circulation" means a newspaper intended to serve a particular | ||
or defined population of a specific geographic area within a | ||
Metropolitan Statistical Area such as a municipality, town, | ||
village, township, or community area, but does not include | ||
publications of professional and trade associations. | ||
(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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