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    (Section scheduled to be repealed on April 1, 2007)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.)