Bill Text: IL SB2147 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Health Facilities Planning Act. In provisions concerning an application for a permit, provides that members of the public and the permit applicant shall have until 10 days before the meeting of the Health Facilities and Services Review Board to submit any written response concerning the Board staff's written review or findings regarding the permit application. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-11-14 - Public Act . . . . . . . . . 97-0619 [SB2147 Detail]

Download: Illinois-2011-SB2147-Engrossed.html

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SB2147 Engrossed LRB097 09338 RLJ 49473 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(Section scheduled to be repealed on December 31, 2019)
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. The State Board shall not require an applicant
to file a Letter of Intent before an application is filed. Such
application shall include affirmative evidence on which the
State Board or Chairman 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

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ownership of a health care facility between related persons,
the State Board shall provide by rule for an expedited process
for obtaining an exemption. In connection with a change of
ownership, the State Board may approve the transfer of an
existing permit without regard to whether the permit to be
transferred has yet been obligated, except for permits
establishing a new facility or a new category of service.
(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 Board staff 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 regarding the facts set forth in the review
or findings of the Board staff or reviewing organization.
Members of the public and the applicant shall have until 10
days before the meeting of the State Board to submit any
written response concerning the Board staff's written review or
findings at least 10 days before the meeting of the State
Board. The Board staff may revise any findings to address
corrections of factual errors cited in the public response. At
the meeting, the State Board may, in its discretion, permit the
submission of other additional written materials.
(d) Upon receipt of an application for a permit, the State

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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. 95-237, eff. 1-1-08; 96-31, eff. 6-30-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.