HB 5000 — HEALTH FACILITIES PLANNING

HB5000 EngrossedEnrolled LRB104 18143 JRC 31582 b AN ACT concerning State government.

The applicant shall pay the cost incurred by the Board in publishing the change of ownership notice in HB5000 EngrossedEnrolled - 2 - LRB104 18143 JRC 31582 b newspapers as required under this subsection.

If such key terms of the HB5000 EngrossedEnrolled - 3 - LRB104 18143 JRC 31582 b transaction change, a new application shall be required.

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 HB5000 EngrossedEnrolled - 4 - LRB104 18143 JRC 31582 b time period any services currently offered by the health care facility.

The applicant HB5000 EngrossedEnrolled - 5 - LRB104 18143 JRC 31582 b shall provide a summary or describe the proposed change of ownership at the public hearing.

1-1-24.) Section 10.7.

The IllinoisState AntitrustFinance Act is amended by changing Section 7.2a5.1007 as follows:

(740(30 ILCS 10/7.2a)105/5.1007) (Section scheduled to be repealed on January 1, 2027) Sec.

5.1007.

The Antitrust Enforcement Fund.

This Section is repealed on January 1, 2027.

(Source:

P.A.

103-526, eff.

1-1-24;

103-605, eff.

7-1-24.) Section 10.

The Illinois Antitrust Act is amended by changing Sections 7.2a and 13 as follows:

HB5000 Enrolled - 6 - LRB104 18143 JRC 31582 b (740 ILCS 10/7.2a) (Section scheduled to be repealed on January 1, 2027) Sec.

"Acquisition" includes the acquisition of voting securities and noncorporate interests, such as assets, capital stock, HB5000 Engrossed - 6 - LRB104 18143 JRC 31582 b membership interests, or equity interests.

A transaction is a "covered transaction" subject to the notice requirements even if the parties to the transaction are not themselves a health care facility or provider organization but HB5000 Enrolled - 7 - LRB104 18143 JRC 31582 b own or control, directly or indirectly, one or more of the 2 or more health care facilities or provider organizations that will be under common ownership or contracting affiliation if the transaction is consummated, including if parties to the covered transaction are private equity companies.

(1) An ambulatory surgical treatment center required to be licensed under the Ambulatory Surgical Treatment HB5000 Engrossed - 7 - LRB104 18143 JRC 31582 b Center Act.

(6) An institution, place, building, or room used for provision of a health care category of service, as defined HB5000 Enrolled - 8 - LRB104 18143 JRC 31582 b under the Illinois Health Facilities Planning Act, including, but not limited to, cardiac catheterization and open heart surgery.

With the exception of those health care facilities specifically included in this Section, nothing in this Section shall be intended to include facilities operated as a part of the practice of a physician or other licensed health care professional, whether practicing in his or her individual capacity or within the legal structure of any partnership, HB5000 Engrossed - 8 - LRB104 18143 JRC 31582 b medical or professional corporation, or unincorporated medical or professional group.

"Health care services" means health care services or products rendered or sold by a health care provider within the HB5000 Enrolled - 9 - LRB104 18143 JRC 31582 b scope of the health care provider's license or legal authorization.

"Illinois health care entity" means a health care facility HB5000 Engrossed - 9 - LRB104 18143 JRC 31582 b or provider organization that has an office in or is doing business in this State.

"Private equity company" means any company or partnership that collects capital investments from individuals or entities and purchases, as a parent company, at any level of corporate ownership, or through another entity or entities so that the company completely or partially owns or controls a direct or indirect ownership share of an Illinois health care entity or an out-of-state health care entity that generates $10,000,000 HB5000 Enrolled - 10 - LRB104 18143 JRC 31582 b or more in annual revenue from patients residing in this State.

"Provider organization" includes physician HB5000 Engrossed - 10 - LRB104 18143 JRC 31582 b organizations, physician-hospital organizations, independent practice associations, provider networks, and accountable care organizations.

HB5000 Enrolled - 11 - LRB104 18143 JRC 31582 b (c) The written notice provided by the parties under subsection (b) shall be provided as follows:

18a, the notice requirement is satisfied by HB5000 Engrossed - 11 - LRB104 18143 JRC 31582 b providing a copy of such filing with all attachments to the Attorney General at the same time as it is provided to the federal government.

(3) For any health care facility, or provider organization, or any entity that owns or controls, HB5000 Enrolled - 12 - LRB104 18143 JRC 31582 b directly or indirectly, a health care facility or provider organization that is involved in organization that is a party to a covered transaction that is not described in paragraph (1) or (2), written notice provided by the parties must include:

HB5000 Engrossed - 12 - LRB104 18143 JRC 31582 b (B) identification of all locations where health care services are currently provided by each entity disclosed in subparagraph (A) party;

If the Attorney General requests additional information, the covered transaction may not proceed until 30 days after the filing parties have HB5000 Enrolled - 13 - LRB104 18143 JRC 31582 b substantially complied with the request.

(e) Any party to a covered transaction that health care facility or provider organization that fails to comply with any provision of this Section is subject to a civil penalty of HB5000 Engrossed - 13 - LRB104 18143 JRC 31582 b not more than $500 per day for each day during which the party health care facility or provider organization is in violation of this Section.

Before bringing such an action or seeking to recover a civil penalty, the Attorney General shall permit the party to HB5000 Enrolled - 14 - LRB104 18143 JRC 31582 b the covered transaction health care facility or provider organization to come into compliance with this Section within 10 days of being notified of its alleged noncompliance.

This Section is repealed on January 1, 2027.

(Source:

P.A.

103-526, eff.

1-1-24.) (740 ILCS 10/13) (Section scheduled to be repealed on January 1, 2027) Sec.