Bill Text: IL HB2222 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Antitrust Act. Provides that documentary material, transcripts of oral testimony, or answers to interrogatories obtained in an investigation of a violation of the Act may be used by the Attorney General in any administrative or judicial action or proceeding. Provides that information voluntarily produced to the Attorney General for purposes of an investigation of a violation of the Act or information provided to the Attorney General under a notice requirement shall be treated as if produced pursuant to a subpoena for purposes of maintaining the confidentiality of such information. Provides that health care facilities that are party to a covered transaction shall provide notice of such transaction to the Attorney General no later than 60 days prior to the transaction closing or effective date of the transaction. Provides that any health care facility that fails to comply with the notice requirement is subject to a civil penalty of not more than $500 per day for each day during which the health care facility is in violation of the requirement. When the Attorney General has reason to believe that a health care facility has engaged in or is engaging in a covered transaction without complying with the notice requirement, allows the Attorney General to apply for and obtain a temporary restraining order or injunction prohibiting the health care facility from continuing its noncompliance or doing any act in furtherance thereof. Makes a conforming change in the State Finance Act. Effective January 1, 2024.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Passed) 2023-08-15 - Public Act . . . . . . . . . 103-0526 [HB2222 Detail]
Download: Illinois-2023-HB2222-Engrossed.html
Bill Title: Amends the Illinois Antitrust Act. Provides that documentary material, transcripts of oral testimony, or answers to interrogatories obtained in an investigation of a violation of the Act may be used by the Attorney General in any administrative or judicial action or proceeding. Provides that information voluntarily produced to the Attorney General for purposes of an investigation of a violation of the Act or information provided to the Attorney General under a notice requirement shall be treated as if produced pursuant to a subpoena for purposes of maintaining the confidentiality of such information. Provides that health care facilities that are party to a covered transaction shall provide notice of such transaction to the Attorney General no later than 60 days prior to the transaction closing or effective date of the transaction. Provides that any health care facility that fails to comply with the notice requirement is subject to a civil penalty of not more than $500 per day for each day during which the health care facility is in violation of the requirement. When the Attorney General has reason to believe that a health care facility has engaged in or is engaging in a covered transaction without complying with the notice requirement, allows the Attorney General to apply for and obtain a temporary restraining order or injunction prohibiting the health care facility from continuing its noncompliance or doing any act in furtherance thereof. Makes a conforming change in the State Finance Act. Effective January 1, 2024.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Passed) 2023-08-15 - Public Act . . . . . . . . . 103-0526 [HB2222 Detail]
Download: Illinois-2023-HB2222-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Health Facilities Planning Act is | ||||||
5 | amended by changing Section 8.5 as follows:
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6 | (20 ILCS 3960/8.5) | ||||||
7 | (Section scheduled to be repealed on December 31, 2029) | ||||||
8 | Sec. 8.5. Certificate of exemption for change of ownership | ||||||
9 | of a health care facility; discontinuation of a category of | ||||||
10 | service; public notice and public hearing. | ||||||
11 | (a) Upon a finding that an application for a change of | ||||||
12 | ownership is complete, the State Board shall publish a legal | ||||||
13 | notice on 3 consecutive days in a newspaper of general | ||||||
14 | circulation in the area or community to be affected and afford | ||||||
15 | the public an opportunity to request a hearing. If the | ||||||
16 | application is for a facility located in a Metropolitan | ||||||
17 | Statistical Area, an additional legal notice shall be | ||||||
18 | published in a newspaper of limited circulation, if one | ||||||
19 | exists, in the area in which the facility is located. If the | ||||||
20 | newspaper of limited circulation is published on a daily | ||||||
21 | basis, the additional legal notice shall be published on 3 | ||||||
22 | consecutive days. The applicant shall pay the cost incurred by | ||||||
23 | the Board in publishing the change of ownership notice in |
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1 | newspapers as required under this subsection. The legal notice | ||||||
2 | shall also be posted on the Health Facilities and Services | ||||||
3 | Review Board's web site and sent to the State Representative | ||||||
4 | and State Senator of the district in which the health care | ||||||
5 | facility is located and to the Office of the Attorney General . | ||||||
6 | An application for change of ownership of a hospital shall not | ||||||
7 | be deemed complete without a signed certification that for a | ||||||
8 | period of 2 years after the change of ownership transaction is | ||||||
9 | effective, the hospital will not adopt a charity care policy | ||||||
10 | that is
more restrictive than the policy in effect during the | ||||||
11 | year prior to the transaction. An application for a change of | ||||||
12 | ownership need not contain signed transaction documents so | ||||||
13 | long as it includes the following key terms of the | ||||||
14 | transaction: names and background of the parties; structure of | ||||||
15 | the transaction; the person who will be the licensed or | ||||||
16 | certified entity after the transaction; the ownership or | ||||||
17 | membership interests in such licensed or certified entity both | ||||||
18 | prior to and after the transaction; fair market value of | ||||||
19 | assets to be transferred; and the purchase price or other form | ||||||
20 | of consideration to be provided for those assets. The issuance | ||||||
21 | of the certificate of exemption shall be contingent upon the | ||||||
22 | applicant submitting a statement to the Board within 90 days | ||||||
23 | after the closing date of the transaction, or such longer | ||||||
24 | period as provided by the Board, certifying that the change of | ||||||
25 | ownership has been completed in accordance with the key terms | ||||||
26 | contained in the application. If such key terms of the |
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1 | transaction change, a new application shall be required. | ||||||
2 | Where a change of ownership is among related persons, and | ||||||
3 | there are no other changes being proposed at the health care | ||||||
4 | facility that would otherwise require a permit or exemption | ||||||
5 | under this Act, the applicant shall submit an application | ||||||
6 | consisting of a standard notice in a form set forth by the | ||||||
7 | Board briefly explaining the reasons for the proposed change | ||||||
8 | of ownership. Once such an application is submitted to the | ||||||
9 | Board and reviewed by the Board staff, the Board Chair shall | ||||||
10 | take action on an application for an exemption for a change of | ||||||
11 | ownership among related persons within 45 days after the | ||||||
12 | application has been deemed complete, provided the application | ||||||
13 | meets the applicable standards under this Section. If the | ||||||
14 | Board Chair has a conflict of interest or for other good cause, | ||||||
15 | the Chair may request review by the Board. Notwithstanding any | ||||||
16 | other provision of this Act, for purposes of this Section, a | ||||||
17 | change of ownership among related persons means a transaction | ||||||
18 | where the parties to the transaction are under common control | ||||||
19 | or ownership before and after the transaction is completed. | ||||||
20 | Nothing in this Act shall be construed as authorizing the | ||||||
21 | Board to impose any conditions, obligations, or limitations, | ||||||
22 | other than those required by this Section, with respect to the | ||||||
23 | issuance of an exemption for a change of ownership, including, | ||||||
24 | but not limited to, the time period before which a subsequent | ||||||
25 | change of ownership of the health care facility could be | ||||||
26 | sought, or the commitment to continue to offer for a specified |
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1 | time period any services currently offered by the health care | ||||||
2 | facility. | ||||||
3 | (a-3) (Blank). | ||||||
4 | (a-5) Upon a finding that an application to discontinue a | ||||||
5 | category of service is complete and provides the requested | ||||||
6 | information, as specified by the State Board, an exemption | ||||||
7 | shall be issued. No later than 30 days after the issuance of | ||||||
8 | the exemption, the health care facility must give written | ||||||
9 | notice of the discontinuation of the category of service to | ||||||
10 | the State Senator and State Representative serving the | ||||||
11 | legislative district in which the health care facility is | ||||||
12 | located. No later than 90 days after a discontinuation of a | ||||||
13 | category of service, the applicant must submit a statement to | ||||||
14 | the State Board certifying that the discontinuation is | ||||||
15 | complete. | ||||||
16 | (b) If a public hearing is requested, it shall be held at | ||||||
17 | least 15 days but no more than 30 days after the date of | ||||||
18 | publication of the legal notice in the community in which the | ||||||
19 | facility is located. The hearing shall be held in the affected | ||||||
20 | area or community in a place of reasonable size and | ||||||
21 | accessibility and a full and complete written transcript of | ||||||
22 | the proceedings shall be made. All interested persons | ||||||
23 | attending the hearing shall be given a reasonable opportunity | ||||||
24 | to present their positions in writing or orally. The applicant | ||||||
25 | shall provide a summary or describe the proposed change of | ||||||
26 | ownership at the public hearing.
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1 | (c) For the purposes of this Section "newspaper of limited | ||||||
2 | circulation" means a newspaper intended to serve a particular | ||||||
3 | or defined population of a specific geographic area within a | ||||||
4 | Metropolitan Statistical Area such as a municipality, town, | ||||||
5 | village, township, or community area, but does not include | ||||||
6 | publications of professional and trade associations. | ||||||
7 | (d) The changes made to this Section by this amendatory | ||||||
8 | Act of the 101st General Assembly shall apply to all | ||||||
9 | applications submitted after the effective date of this | ||||||
10 | amendatory Act of the 101st General Assembly. | ||||||
11 | (Source: P.A. 100-201, eff. 8-18-17; 101-83, eff. 7-15-19.)
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12 | Section 10. The State Finance Act is amended by adding | ||||||
13 | Section 5.990 as follows:
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14 | (30 ILCS 105/5.990 new) | ||||||
15 | Sec. 5.990. The Antitrust Enforcement Fund.
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16 | Section 15. The Illinois Antitrust Act is amended by | ||||||
17 | changing Section 7.2 and by adding Sections 7.2a and 13 as | ||||||
18 | follows:
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19 | (740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2)
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20 | Sec. 7.2. (1) Whenever it appears to the Attorney General | ||||||
21 | that any person has
engaged in, is engaging in, or is about to | ||||||
22 | engage in any act or practice
prohibited by this Act, or that |
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1 | any person has assisted or participated
in any agreement or | ||||||
2 | combination of the nature described herein, he may,
in his | ||||||
3 | discretion, conduct an investigation as he deems necessary in
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4 | connection with the matter and has the authority prior to the
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5 | commencement of any civil or criminal action as provided for | ||||||
6 | in the Act
to subpoena witnesses, and pursuant to a subpoena | ||||||
7 | (i) compel their
attendance for the purpose of examining them | ||||||
8 | under oath, (ii) require the
production of any books, | ||||||
9 | documents, records, writings or tangible things
hereafter | ||||||
10 | referred to as "documentary material" which
the Attorney | ||||||
11 | General deems relevant or material to his investigation,
for | ||||||
12 | inspection, reproducing or copying under such terms and | ||||||
13 | conditions
as hereafter set forth, (iii) require written | ||||||
14 | answers under oath to written
interrogatories, or (iv) require | ||||||
15 | compliance with a combination of the
foregoing. Any subpoena | ||||||
16 | issued by the Attorney General
shall contain the following | ||||||
17 | information:
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18 | (a) The statute and section thereof, the alleged | ||||||
19 | violation of which
is under investigation and the general | ||||||
20 | subject matter of the
investigation.
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21 | (b) The date and place at which time the person is | ||||||
22 | required to
appear or produce documentary material in his | ||||||
23 | possession, custody or
control or submit answers to | ||||||
24 | interrogatories in the office of the Attorney
General | ||||||
25 | located in Springfield or
Chicago. Said date shall not be | ||||||
26 | less than 10 days from date of service
of the subpoena.
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1 | (c) Where documentary material is required to be | ||||||
2 | produced, the same
shall be described by class so as to | ||||||
3 | clearly indicate the material
demanded.
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4 | The Attorney General is hereby authorized, and may so | ||||||
5 | elect, to
require the production, pursuant to this section, of | ||||||
6 | documentary
material or interrogatory answers prior to the | ||||||
7 | taking of any testimony of
the person subpoenaed. Said | ||||||
8 | documentary material shall be made available for
inspection | ||||||
9 | and copying during normal business hours at the principal
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10 | place of business of the person served, or at such other time | ||||||
11 | and place,
as may be agreed upon by the person served and the | ||||||
12 | Attorney General.
When documentary material is demanded by | ||||||
13 | subpoena, said subpoena shall
not:
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14 | (i) contain any requirement which would be | ||||||
15 | unreasonable or improper
if contained in a subpoena duces | ||||||
16 | tecum issued by a court of this State;
or
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17 | (ii) require the disclosure of any documentary | ||||||
18 | material which would
be privileged, or which for any other | ||||||
19 | reason would not be required by a
subpoena duces tecum | ||||||
20 | issued by a court of this State.
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21 | (2) The production of documentary material in response to | ||||||
22 | a subpoena served
pursuant to this Section shall be made under | ||||||
23 | a sworn certificate, in such
form as the subpoena designates, | ||||||
24 | by the person, if a natural person, to
whom the demand is | ||||||
25 | directed or, if not a natural person, by a person or
persons | ||||||
26 | having knowledge of the facts and circumstances relating to |
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1 | such
production, to the effect that all of the documentary | ||||||
2 | material required
by the demand and in the possession, | ||||||
3 | custody, or control of the person to
whom the demand is | ||||||
4 | directed has been produced and made available to the
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5 | custodian. Answers to interrogatories shall be accompanied by | ||||||
6 | a statement
under oath attesting to the accuracy of the | ||||||
7 | answers.
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8 | While in the possession of the Attorney General and under | ||||||
9 | such reasonable
terms and conditions as the Attorney General | ||||||
10 | shall prescribe: (A) documentary
material shall be available | ||||||
11 | for examination by the person who produced such
material or by | ||||||
12 | any duly authorized representative of such person, (B)
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13 | transcript of oral testimony shall be available for | ||||||
14 | examination by the person
who produced such testimony, or his | ||||||
15 | or her counsel and (C) answers to
interrogatories shall be | ||||||
16 | available for examination by the person who swore to
their | ||||||
17 | accuracy.
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18 | Except as otherwise provided in this Section, no | ||||||
19 | documentary material,
transcripts of oral testimony, or | ||||||
20 | answers to interrogatories, or copies thereof, in the | ||||||
21 | possession of the
Attorney General shall be available for | ||||||
22 | examination by any individual other
than an authorized | ||||||
23 | employee of the Attorney General or other law enforcement
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24 | officials, federal, State, or local, without the consent of | ||||||
25 | the person who produced
such material, transcripts, or | ||||||
26 | interrogatory answers. Such documentary material, transcripts |
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1 | of oral testimony, or answers to interrogatories, or copies | ||||||
2 | thereof may be used by the Attorney General in any | ||||||
3 | administrative or judicial action or proceeding.
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4 | For purposes of this Section, all documentary materials, | ||||||
5 | transcripts of oral testimony, or answers to interrogatories | ||||||
6 | obtained by the Attorney General from other law enforcement | ||||||
7 | officials , information voluntarily produced to the Attorney | ||||||
8 | General for purposes of any investigation conducted under | ||||||
9 | subsection (1), or information provided to the Attorney | ||||||
10 | General pursuant to the notice requirement of Section 7.2a | ||||||
11 | shall be treated as if produced pursuant to a subpoena served | ||||||
12 | pursuant to this Section for purposes of maintaining the | ||||||
13 | confidentiality of such information. | ||||||
14 | (3) No person shall, with intent to avoid, evade, prevent, | ||||||
15 | or obstruct
compliance in whole or in part by any person with | ||||||
16 | any duly served subpoena
of the Attorney General under this | ||||||
17 | Act, knowingly remove from any place,
conceal, withhold, | ||||||
18 | destroy, mutilate, alter, or by any other means falsify
any | ||||||
19 | documentary material that is the subject of such subpoena. A | ||||||
20 | violation
of this subsection is a Class A misdemeanor. The | ||||||
21 | Attorney General, with
such assistance as he may from time to | ||||||
22 | time require of the State's Attorneys
in the several counties, | ||||||
23 | shall investigate suspected violations of this
subsection and | ||||||
24 | shall commence and try all prosecutions under this subsection.
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25 | (Source: P.A. 96-751, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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1 | (740 ILCS 10/7.2a new) | ||||||
2 | Sec. 7.2a. Notification to the Attorney General. | ||||||
3 | (a) As used in this Section: | ||||||
4 | "Acquisition" means an agreement, arrangement, or activity
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5 | the consummation of which results in a person acquiring
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6 | directly or indirectly the control of another person. | ||||||
7 | "Acquisition"
includes the acquisition of voting securities | ||||||
8 | and noncorporate
interests, such as assets, capital stock, | ||||||
9 | membership
interests, or equity interests. | ||||||
10 | "Contracting affiliation" means the formation of a | ||||||
11 | relationship between 2 or more entities that permits the | ||||||
12 | entities to negotiate jointly with health carriers or | ||||||
13 | third-party administrators over rates for professional medical | ||||||
14 | services, or for one entity to negotiate on behalf of the other | ||||||
15 | entity with health carriers or third-party administrators over | ||||||
16 | rates for professional medical services. "Contracting | ||||||
17 | affiliation" does not include arrangements among entities | ||||||
18 | under common ownership. | ||||||
19 | "Covered transaction" means any merger, acquisition, or | ||||||
20 | contracting affiliation between 2 or more health care | ||||||
21 | facilities or provider organizations not previously under | ||||||
22 | common ownership or contracting affiliation. | ||||||
23 | "Health care facility" means the following facilities, | ||||||
24 | organizations, and related persons: | ||||||
25 | (1) An ambulatory surgical treatment center required | ||||||
26 | to be licensed under the Ambulatory Surgical Treatment |
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1 | Center Act. | ||||||
2 | (2) An institution, place, building, or agency | ||||||
3 | required to be licensed under the Hospital Licensing Act. | ||||||
4 | (3) A hospital, ambulatory surgical treatment center, | ||||||
5 | or kidney disease treatment center maintained by the State | ||||||
6 | or any department or agency thereof. | ||||||
7 | (4) A kidney disease treatment center, including a | ||||||
8 | free-standing hemodialysis unit required to meet the | ||||||
9 | requirements of 42 CFR 494 in order to be certified for | ||||||
10 | participation in Medicare and Medicaid under Titles XVIII | ||||||
11 | and XIX of the federal Social Security Act of 1935. | ||||||
12 | (5) An institution, place, building, or room used for | ||||||
13 | the performance of outpatient surgical procedures that is | ||||||
14 | leased, owned, or operated by or on behalf of an | ||||||
15 | out-of-state facility. | ||||||
16 | (6) An institution, place, building, or room used for | ||||||
17 | provision of a health care category of service, as defined | ||||||
18 | under the Illinois Health Facilities Planning Act, | ||||||
19 | including, but not limited to, cardiac catheterization and | ||||||
20 | open heart surgery. | ||||||
21 | With the exception of those health care facilities | ||||||
22 | specifically included in this Section, nothing in this Section | ||||||
23 | shall be intended to include facilities operated as a part of | ||||||
24 | the practice of a physician or other licensed health care | ||||||
25 | professional, whether practicing in his or her individual | ||||||
26 | capacity or within the legal structure of any partnership, |
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1 | medical or professional corporation, or unincorporated medical | ||||||
2 | or professional group. Further, this Section shall not apply | ||||||
3 | to physicians or other licensed health care professional's | ||||||
4 | practices where such practices are carried out in a portion of | ||||||
5 | a health care facility under contract with such health care | ||||||
6 | facility by a physician or by other licensed health care | ||||||
7 | professionals, whether practicing in his or her individual | ||||||
8 | capacity or within the legal structure of any partnership, | ||||||
9 | medical or professional corporation, or unincorporated medical | ||||||
10 | or professional groups, unless the entity constructs, | ||||||
11 | modifies, or establishes a health care facility as | ||||||
12 | specifically defined in this Section. | ||||||
13 | "Health care services revenue" means the total revenue | ||||||
14 | received for health care services in the previous 12 months. | ||||||
15 | "Health carriers" has the meaning given to that term in | ||||||
16 | Section 10 of the Health Carrier External Review Act. | ||||||
17 | "Illinois health care entity" means a health care facility | ||||||
18 | or provider organization that has an office in or is doing | ||||||
19 | business in this State. | ||||||
20 | "Merger" means the consolidation of 2 or more | ||||||
21 | organizations, including 2 or more organizations joining | ||||||
22 | through a common parent organization or 2 or more | ||||||
23 | organizations forming a new organization, but does not include | ||||||
24 | a corporate reorganization. | ||||||
25 | "Out-of-state health care entity" means a health care | ||||||
26 | facility or provider organization that is not headquartered in |
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1 | this State and does not do business in this State. | ||||||
2 | "Provider organization" means a corporation, partnership, | ||||||
3 | business trust, association, or organized group of persons, | ||||||
4 | whether incorporated or not, which is in the business of | ||||||
5 | health care delivery or management and that represents 20 or | ||||||
6 | more health care providers in contracting with health carriers | ||||||
7 | or third-party administrators for the payment of health care | ||||||
8 | services. "Provider organization" includes physician | ||||||
9 | organizations, physician-hospital organizations, independent | ||||||
10 | practice associations, provider networks, and accountable care | ||||||
11 | organizations. | ||||||
12 | "Third-party administrator" means an entity that | ||||||
13 | administers payments for health care services on behalf of a | ||||||
14 | client in exchange for an administrative fee. | ||||||
15 | (b) Health care facilities or provider organizations that | ||||||
16 | are party to a covered transaction shall provide notice of | ||||||
17 | such transaction to the Attorney General no later than 30 days | ||||||
18 | prior to the transaction closing or effective date of the | ||||||
19 | transaction. | ||||||
20 | Covered transactions between an Illinois health care | ||||||
21 | entity and an out-of-state health care entity must provide | ||||||
22 | notice under this subsection where the out-of-state entity | ||||||
23 | generates $10,000,000 or more in annual revenue from patients | ||||||
24 | residing in this State. | ||||||
25 | (c) The written notice provided by the parties under | ||||||
26 | subsection (b) shall be provided as follows: |
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1 | (1) For any health care facility or provider | ||||||
2 | organization that is a party to a covered
transaction and | ||||||
3 | files a premerger notification with the
Federal Trade | ||||||
4 | Commission or the United States Department
of Justice, in | ||||||
5 | compliance with the Hart-Scott-Rodino
Antitrust | ||||||
6 | Improvements Act of 1976, 15 U.S.C. 18a, the
notice | ||||||
7 | requirement is satisfied by providing a copy of
such | ||||||
8 | filing to the Attorney General at the same time as it
is | ||||||
9 | provided to the federal government. | ||||||
10 | (2) For any health care facility that is a party to a
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11 | covered transaction that is not described in paragraph
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12 | (1), the notice requirement is satisfied when the | ||||||
13 | healthcare facility files an application for a change of
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14 | ownership with the Health Facilities and Services Review | ||||||
15 | Board, in compliance with the Illinois Health Facilities
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16 | Planning Act. The Health Facilities and Services Review
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17 | Board shall provide a copy of such filing to the Attorney
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18 | General at the same time as it is provided to the
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19 | applicable State legislators under subsection (a) of
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20 | Section 8.5 of the Illinois Health Facilities Planning
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21 | Act. | ||||||
22 | (3) For any health care facility or provider | ||||||
23 | organization that is a party to a covered
transaction that | ||||||
24 | is not described in paragraph (1) or (2),
written notice | ||||||
25 | provided by the parties must include: | ||||||
26 | (A) the names of the parties and their current |
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1 | business address; | ||||||
2 | (B) identification of all locations where health | ||||||
3 | care services are currently provided by each party; | ||||||
4 | (C) a brief description of the nature and purpose | ||||||
5 | of the proposed transaction; and | ||||||
6 | (D) the anticipated effective date of the proposed | ||||||
7 | transaction. | ||||||
8 | Nothing in this subsection prohibits the parties to a | ||||||
9 | covered transaction from voluntarily providing additional | ||||||
10 | information to the Attorney General. | ||||||
11 | (d) The Attorney General may make any requests for | ||||||
12 | additional information from the parties that is relevant to | ||||||
13 | its investigation of the covered transaction within 30 days of | ||||||
14 | the date notice is received under subsections (b) and (c). If | ||||||
15 | the Attorney General requests additional information, the | ||||||
16 | covered transaction may not proceed until 30 days after the | ||||||
17 | parties have substantially complied with the request. Any | ||||||
18 | subsequent request for additional information by the Attorney | ||||||
19 | General shall not further delay the covered transaction from | ||||||
20 | proceeding. Nothing in this Section precludes the Attorney | ||||||
21 | General from conducting an investigation or enforcing State or | ||||||
22 | federal antitrust laws at a later date. | ||||||
23 | (e) Any health care facility or provider organization that | ||||||
24 | fails to comply with any provision of this Section is subject | ||||||
25 | to a civil penalty of not more than $500 per day for each day | ||||||
26 | during which the health care facility or provider organization |
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1 | is in violation of this Section. | ||||||
2 | Whenever the Attorney General has reason to believe that a | ||||||
3 | health care facility or provider organization has engaged in | ||||||
4 | or is engaging in a covered transaction without complying with | ||||||
5 | the provisions of this Section, the Attorney General may apply | ||||||
6 | for and obtain, in an action in the Circuit Court of Sangamon | ||||||
7 | or Cook County, a temporary restraining order or injunction, | ||||||
8 | or both, prohibiting the health care facility or provider | ||||||
9 | organization from continuing its noncompliance or doing any | ||||||
10 | act in furtherance thereof. The court may make such further | ||||||
11 | orders or judgments, at law or in equity, as may be necessary | ||||||
12 | to remedy such noncompliance. | ||||||
13 | Before bringing such an action or seeking to recover a | ||||||
14 | civil
penalty, the Attorney General shall permit the health | ||||||
15 | care
facility or provider organization to come into compliance | ||||||
16 | with this Section within 10 days of being notified of its | ||||||
17 | alleged noncompliance. The right to cure noncompliance does | ||||||
18 | not exist on or after the covered transaction's proposed or | ||||||
19 | actual closing date of the covered transaction, whichever is | ||||||
20 | sooner.
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21 | (740 ILCS 10/13 new) | ||||||
22 | Sec. 13. Antitrust Enforcement Fund. Any penalties | ||||||
23 | collected from an entity for violations of this Act shall be | ||||||
24 | deposited into the Antitrust Enforcement Fund, a special fund | ||||||
25 | created in the State treasury that is dedicated to enforcing |
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1 | this Act.
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2 | Section 99. Effective date. This Act takes effect January | ||||||
3 | 1, 2024.
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