HEALTH FACILITY PLANNING ACT
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HB 6769 — HEALTH FACILITY PLANNING ACT
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
3Passed House
-
4Passed Senate
-
5To Executive
-
6Enacted
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Illinois Health Facilities Planning Act. Provides that changes of ownership, mergers, and consolidations of health care facilities require a permit from the Health Facilities Planning Board and sets forth requirements for the permit application. Sets forth conditions that require a public hearing for a permit application and requires that the notice of the public hearing be published in a newspaper for 3 consecutive days. Makes other changes.
Bill Text
What changed in the latest version
262 added · 487 removedPlain-language change summary
In the updated version of Bill HB 6769, new provisions have been added that specify which healthcare facilities are exempt from the regulations laid out in the bill, including federally owned facilities and those solely using prayer for healing. Additionally, the bill now includes definitions and categories for various treatment centers that will be affected by the rules, such as kidney disease treatment centers. These changes are significant as they clarify the scope of the legislation and ensure that certain types of facilities are not burdened by new regulatory requirements, potentially allowing them to operate more freely.
HB6769 *LRB09318334AMC44040b*Engrossed 93RDLRB093 GENERAL18334 ASSEMBLYAMC State44040 ofb IllinoisAN andACT 2004concerning Introducedhealth 02/09/04,facilities. by Deborah L.
Graham SYNOPSIS AS INTRODUCED:
ILCS 3960/4.2 from Ch.
111 1/2, par.
1153 ILCS 3960/5.5 new ILCS 3960/6 from Ch.
111 1/2, par.
1156 ILCS 3960/8 from Ch.
111 1/2, par.
1158 Amends the Illinois Health Facilities Planning Act.
Provides that changes of ownership, mergers, and consolidations of health care facilities require a permit from the Health Facilities Planning Board and sets forth requirements for the permit application.
Sets forth conditions that require a public hearing for a permit application and requires that the notice of the public hearing be published in a newspaper for 3 consecutive days.
Makes other changes.
LRB093 18334 AMC 44040 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB6769 LRB093 18334 AMC 44040 b AN ACT concerning health facilities.
The Illinois Health Facilities Planning Act is amended by changing SectionsSection 3,3 4.2, 6, and 8 and by adding Section 5.58.5 as follows:
3.
Skilled and intermediate long term care facilities licensed under the Nursing Home Care Act;
No federally owned facility shall be subject to the provisions of this Act, nor facilities used solely for healing HB6769 - 2 - LRB093 18334 AMC 44040 b by prayer or spiritual means.
No facility licensed under the Supportive Residences HB6769 Engrossed - 2 - LRB093 18334 AMC 44040 b Licensing Act or the Assisted Living and Shared Housing Act shall be subject to the provisions of this Act.
This Act shall apply to construction or modification and to establishment by such health care facility HB6769 - 3 - LRB093 18334 AMC 44040 b of such contracted portion which is subject to facility licensing requirements, irrespective of the party responsible HB6769 Engrossed - 3 - LRB093 18334 AMC 44040 b for such action or attendant financial obligation.
"Major medical equipment" means medical equipment which is used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, HB6769 - 4 - LRB093 18334 AMC 44040 b except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide HB6769 Engrossed - 4 - LRB093 18334 AMC 44040 b clinical laboratory services if the clinical laboratory is independent of a physician’s office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act.
"Capital expenditure minimum" means $6,000,000, which shall be annually adjusted to reflect the increase in construction costs due to inflation, for major medical HB6769 - 5 - LRB093 18334 AMC 44040 b equipment and for all other capital expenditures;
provided, however, that when a capital expenditure is for the HB6769 Engrossed - 5 - LRB093 18334 AMC 44040 b construction or modification of a health and fitness center, "capital expenditure minimum" means the capital expenditure minimum for all other capital expenditures in effect on March 1, 2000, which shall be annually adjusted to reflect the increase in construction costs due to inflation.
HB6769 - 6 - LRB093 18334 AMC 44040 b "Areawide health planning organization" or "Comprehensive health planning organization" means the health systems agency HB6769 Engrossed - 6 - LRB093 18334 AMC 44040 b designated by the Secretary, Department of Health and Human Services or any successor agency.
Affiliates of Illinois licensed health care facilities 100% owned by an Illinois licensed health care facility, its parent, or Illinois physicians licensed to HB6769 - 7 - LRB093 18334 AMC 44040 b practice medicine in all its branches shall not be considered out-of-state facilities.
Nothing in this definition shall be HB6769 Engrossed - 7 - LRB093 18334 AMC 44040 b construed to include an office or any part of an office of a physician licensed to practice medicine in all its branches in Illinois that is not required to be licensed under the Ambulatory Surgical Treatment Center Act.
"Community benefits" means the unreimbursed cost to a health care facility of providing charity care, language assistance services, government-sponsored indigent health care, donations, volunteer services, education, government-sponsored program services, research, and subsidized health services and collecting bad debts.
"Community benefits" does not include the cost of paying any taxes or other governmental assessments.
6-27-03.) (20 ILCS 3960/4.2)3960/8.5 (Sectionnew) scheduled to be repealed on July 1, 2008) Sec.
4.2.8.5.
ExCertificate parteof communications.exemption for change of ownership of a health care facility;
(a)public Exceptnotice inand thepublic dispositionhearing. of matters that agencies are authorized by law to entertain or dispose of on an ex parte basis including, but not limited to rule making, the State HB6769 - 8 - LRB093 18334 AMC 44040 b Board, any State Board member, employee, or a hearing officer shall not engage in ex parte communication, after an application for a permit is received, in connection with the substance of any application for a permit with any person or party or the representative of any party.
(b)(a) AUpon Statea Boardfinding memberby orthe employeeDepartment mayof communicatePublic withHealth otherthat membersan orapplication employeesfor anda anychange Stateof Boardownership memberis orcomplete, hearingthe officerDepartment mayof havePublic theHealth aidshall andpublish advicea legal notice on 3 consecutive days in a newspaper of onegeneral circulation in the area or morecommunity personalto assistants.be affected and afford the public an opportunity to request a hearing.
(c)If An ex parte communication received by the Stateapplication Board,is anyfor State Board member, employee, or a hearingfacility officerlocated shallin be made a partMetropolitan ofStatistical theArea, recordan ofadditional thelegal pendingnotice matter,shall includingbe allpublished writtenin communications, all written responses to the communications, and a memorandumnewspaper stating the substance of alllimited oralcirculation, communicationsif andone allexists, responsesin made and the identityarea ofin eachwhich person from whom the exfacility parteis communicationlocated. was received.
(d)If "Exthe partenewspaper communication"of meanslimited acirculation communication between a person who is notpublished aon State Board member or employee and a Statedaily Boardbasis, member or employee concerning the meritsadditional oflegal an application before the Board, except on notice andshall opportunitybe forpublished all parties to participate that reflects on the3 substanceconsecutive ofdays. a pending State Board proceeding and that takes place outside the record of the proceeding.
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TechnicalThe assistanceDepartment withof respectPublic toHealth shall not find that an application,application for change of ownership of a hospital is complete without a signed certification that for a period of 2 years after the change of ownership transaction is effective, the hospital will not intendedadopt toa influencecharity anycare decisionpolicy onthat is more restrictive than the application,policy mayin beeffect providedduring bythe employeesyear prior to the applicant.transaction.
AnyFor assistancethe shallpurposes beof documentedthis insubsection, writing"newspaper byof thelimited applicantcirculation" andmeans employeesa newspaper intended to serve a particular or defined population of a specific geographic area within 10a businessMetropolitan daysStatistical afterArea thesuch assistanceas isa provided.municipality, town, village, township, or community area, but does not include publications of professional and trade associations.
(e)(b) ForIf purposesa ofpublic thishearing Section,is "employee"requested, meansit ashall personbe held at least 15 days but no more than 30 days after the Statedate Boardof orpublication of the Agencylegal employsnotice onin athe full-time,community part-time,in contract,which orthe internfacility basis.is located.
(f) The State Board, State Board member, or hearing HB6769shall -be 9held - LRB093 18334 AMC 44040 b examiner presiding over the proceeding, in the event of a violationplace of thisreasonable Section,size mustand takeaccessibility whateverand actiona isfull necessaryand tocomplete ensurewritten thattranscript theof violation does not prejudice any party or adversely affect the fairnessproceedings ofshall thebe proceedings.made.
(g)The Nothingapplicant in this Section shall beprovide construeda tosummary preventof the Stateproposed Boardchange or any member of theownership Statefor Boarddistribution fromat consulting with the attorneypublic forhearing. the State Board.
Show all 107 changed lines (67 more)
(Source:
P.A.
91-782, eff.
6-9-00.) (20 ILCS 3960/5.5 new) Sec.
5.5.
Changes of ownership, mergers, and consolidations;
permit required.
Changes of ownership, mergers, and consolidations of health care facilities require a permit from the State Board.
As part of the permit application for a change of ownership, merger, or consolidation, the proposed owner must certify in writing that, for the 5-year period following the transaction, the percentages of charity care and community benefits provided each year to the population served by the health care facility will be equal to or exceed the average percentages of charity care and community benefits provided by the health care facility for the 2 fiscal years immediately preceding the acquisition.
(20 ILCS 3960/6) (from Ch.
111 1/2, par.
1156) (Section scheduled to be repealed on July 1, 2008) 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.
HB6769 - 10 - LRB093 18334 AMC 44040 b 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.
(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 maintain or enhance access to health care services, the level of community benefits, and the level of charity care, 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.) (20 ILCS 3960/8) (from Ch.
111 1/2, par.
1158) (Section scheduled to be repealed on July 1, 2008) HB6769 - 11 - LRB093 18334 AMC 44040 b Sec.
8.
The Agency shall assist communities and regions throughout the State to establish areawide health planning organizations and, in particular, shall assist such organizations to develop health care facilities planning which meets the criteria for recognition thereof.
Areawide health planning organizations may be recognized to do health facilities planning by providing this component of health planning within the organization or by contracting with a special-purpose health planning organization that meets the criteria for health facilities planning.
Recognition of these organizations with regard to health facilities planning, including establishment of the criteria for such recognition, shall be the responsibility of the State Board, as provided elsewhere in this Act.
The Agency is authorized to make grants-in-aid or to furnish direct services to organizations in the development of health facilities planning capability, as a part of other financial and service assistance which the Agency is empowered and required to provide in support of health planning organizations.
Upon receipt of an application for a permit to establish, construct or modify a health care facility, the Agency shall notify the applicant in writing within 10 working days either that the application is complete or the reasons why the application is not complete.
If the application is complete, the Agency shall notify affected persons of the beginning of a review and the review time cycle for the purposes of this Act shall begin on the date this notification is mailed.
Upon notifying affected persons of the beginning of a review of an application for a permit, a complete copy of such application shall be transmitted to the areawide health planning organization serving the area or community where the health care facility or major medical equipment is proposed to be acquired, established, constructed or modified.
The Agency shall also transmit a complete copy of such application to any reasonably contiguous areawide health planning organization.
HB6769 - 12 - LRB093 18334 AMC 44040 b The Agency shall afford a reasonable time as established by the State Board, but not to exceed 120 days in length, for the areawide planning organizations’ review of the application.
After reviewing the application, each recognized areawide planning organization shall certify its findings to the State Board as to whether or not the application is approved or disapproved in accordance with standards, criteria or plans of need adopted and approved by the recognized areawide health planning organization pursuant to its recognition by the State Board for health care facilities planning.
The 120-day period shall begin on the day the application is found to be substantially complete, as that term is defined by the State Board.
During such 120-day period, the applicant may request an extension.
An applicant may modify the application at any time prior to a final administrative decision on the application.
Upon its receipt of an application, the areawide health planning organization or the Agency, as the case may be, may submit a copy of such application to the federally-recognized professional standards review organization, if any, and appropriate local health planning organization, if any, existing in the area where the proposed project is to occur.
Such organizations may review the application for a permit and submit, within 30 days from the receipt of the application, a finding to the agency or to the areawide health planning organization, as the case may be.
A review and finding by a federally-recognized professional standards review organization must be relevant to the activities for which such organization is recognized, and shall be considered by the Agency or the areawide health planning organization, as the case may be, in its review of the application.
The State Board shall prescribe and provide the forms upon which the review and finding of the organization shall be made.
The recognized areawide health planning organizations shall submit their review and finding to the Agency for its finding on the application and transmittal to the State Board for its consideration of denial or approval.
HB6769 - 13 - LRB093 18334 AMC 44040 b If there is no areawide health planning organization in the area where the proposed establishment, construction or modification of a health care facility is to occur, then the Agency shall be afforded a reasonable time, but not to exceed 120 days, for its review and finding thereon.
The Agency shall submit its review and finding to the State Board for its approval or denial of the permit.
When an application for a permit is initially reviewed by a recognized areawide health planning organization or the Agency, as herein provided, the organization or the Agency, as the case may be, shall ensure that a public hearing is conducted if one or more of the following circumstances apply:
the review to be conducted is competitive;
the proponent proposes to spend $5,000,000 or more;
a written request for a public hearing is received before the end of the comment period;
or the Agency determines that a hearing is in the public interest.
The afford an opportunity for a public hearing must be held within a reasonable time after receipt of the complete application, not to exceed 90 days.
Notice of such hearing shall be made promptly by certified mail to the applicant and, within 20 10 days of the hearing, by publication on 3 consecutive days in a newspaper of general circulation in the area or community to be affected.
For hearings pertaining to facilities located within a metropolitan statistical area, notice of the hearing must be made by publication on 3 consecutive days in 2 newspapers of general circulation in the area or community to be affected.
Such hearing shall be conducted in the area or community where the proposed project is to occur, and shall be for the purpose of allowing the applicant and any interested person to present public testimony concerning the approval, denial, renewal or revocation of the permit.
All interested persons attending such hearing shall be given reasonable opportunity to present their views or arguments in writing or orally, and a record of all such testimony shall accompany any recommendation of the Agency or the recognized areawide health planning organization for the HB6769 - 14 - LRB093 18334 AMC 44040 b issuance, denial, revocation or renewal of a permit to the State Board.
The State Board shall promulgate reasonable rules and regulations governing the procedure and conduct of such hearings.
(Source:
P.A.
88-18.)
Show all 107 changed rows (67 more)
Action History
-
Session Sine Die
-
Rule 3-9(a) / Re-referred to Rules
-
Postponed - Health & Human Services
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Postponed - Health & Human Services
-
Assigned to Health & Human Services
-
Referred to Rules
-
First Reading
-
Chief Senate Sponsor Sen. Carol Ronen
-
Placed on Calendar Order of First Reading April 20, 2004
-
Arrive in Senate
-
Third Reading - Short Debate - Passed 117-000-000
-
Added Chief Co-Sponsor Rep. William Davis
-
Added Chief Co-Sponsor Rep. Calvin L. Giles
-
Added Chief Co-Sponsor Rep. Karen A. Yarbrough
-
Added Chief Co-Sponsor Rep. Elaine Nekritz
-
Placed on Calendar Order of 3rd Reading - Short Debate
-
House Floor Amendment No. 1 Adopted by Voice Vote
-
House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
-
House Floor Amendment No. 1 Referred to Rules Committee
-
House Floor Amendment No. 1 Filed with Clerk by Rep. Deborah L. Graham
-
Held on Calendar Order of Second Reading - Short Debate
-
Second Reading - Short Debate
-
Placed on Calendar 2nd Reading - Short Debate
-
Do Pass / Short Debate Health Care Availability and Access Committee; 013-000-001
-
Motion to Suspend Rule 25 - Prevailed by Voice Vote
-
Assigned to Health Care Availability and Access Committee
-
Co-Sponsor Rep. Elaine Nekritz
-
Referred to Rules Committee
-
First Reading
-
Filed with the Clerk by Rep. Deborah L. Graham
Sponsors
- Deborah L. Graham · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Deborah L. Graham
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 105 | 0 | 0 | 1 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 117 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Washington | — | Yea |
| Younge | — | Yea |
| Acevedo | — | Yea |
| Aguilar | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Colvin | — | Yea |
| McAuliffe | — | Yea |
| Coulson | — | Yea |
| Munson | — | Yea |
| Holbrook | — | Yea |
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Pankau | — | Yea |
| Kurtz | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Lindner | — | Yea |
| Mathias | — | Yea |
| Bailey | — | Yea |
| McCarthy | — | Yea |
| McKeon | — | Yea |
| Lyons, Eileen | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| Millner | — | Yea |
| Parke | — | Yea |
| Pihos | — | Yea |
| Scully | — | Yea |
| Slone | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Brady | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Hannig | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Capparelli | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Gordon | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Grunloh | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Krause | — | Yea |
| Madigan | — | Yea |
| Moffitt | — | Yea |
| Molaro | — | Yea |
| Howard | — | Yea |
| Morrow | — | Yea |
| Mulligan | — | Yea |
| Myers | — | Yea |
| Nekritz | — | Yea |
| Watson | — | Yea |
| Osmond | — | Yea |
| Jones | — | Yea |
| Osterman | — | Yea |
| Davis, Monique | — | Yea |
| Davis, Steve | — | Yea |
| Bradley, Richard | — | Not Voting |
| Tenhouse | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Winters | — | Yea |
| Churchill | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| Daniels | — | Yea |
| Hultgren | — | Yea |
| Kosel | — | Yea |
| Yarbrough | — | Yea |
| Phelps | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 6769 do?
- Amends the Illinois Health Facilities Planning Act. Provides that changes of ownership, mergers, and consolidations of health care facilities require a permit from the Health Facilities Planning Board and sets forth requirements for the permit application. Sets forth conditions that require a public hearing for a permit application and requires that the notice of the public hearing be published in a newspaper for 3 consecutive days. Makes other changes.
- Who sponsors HB 6769?
- HB 6769 is sponsored by Deborah L. Graham.
- What is the current status of HB 6769?
- This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 6769?
- Track HB 6769 free on One Click Politics — get push/email alerts when it moves.
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