SB 1739

Abstract

Amends the Illinois Health Facilities Planning Act. Provides that any written review or findings of the Board staff set forth in the State Board Staff Report concerning an application for a permit must be made available to the public and the applicant (currently, only the public) at least 14 calendar days before the meeting of the State Board at which the review or findings are considered. Provides that members of the public and the applicant (currently, only members of the public) 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. Provides that the State Board shall, among other powers and duties, elect a Vice Chairman to preside over State Board meetings and otherwise act in place of the Chairman when the Chairman is unavailable. Provides that State Board staff shall, among other powers and duties, issue advisory opinions upon request. Provides that staff advisory opinions do not constitute determinations by the State Board. Provides that determinations by the State Board are made through the declaratory ruling process. Effective immediately. House Floor Amendment No. 2 Adds reference to: 20 ILCS 3960/8.5 20 ILCS 3960/8.7 new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Removes discontinuation of a health care facility from the list of projects eligible for exemption rather than a permit. Provides that the Health Facilities and Services Review Board may accept an application for an exemption for the discontinuation of a category of service at a health care facility only once in a 6-month period following (1) the previous application for exemption at the same health care facility or (2) the final decision of the Board regarding the discontinuation of a category service at the same health care facility, whichever occurs later. Provides that a discontinuation of a category of service shall otherwise require an application for a permit if an application for an exemption has already been accepted within the 6-month period. Provides that the Board shall provide by rule for an expedited process for obtaining an exemption for a change of ownership among related persons (rather than any change of ownership). Adds a Section concerning applications for permit for discontinuation of a health care facility or category of service. Provides that upon a finding that an application to close a health care facility or discontinue a category of service is complete, the Board shall publish a legal notice on 3 consecutive days in a newspaper of general circulation in the area or community to be affected and afford the public an opportunity to request a hearing. Provides further specified public notice requirements. Provides that no later than 30 days after issuance of a permit to close a health care facility or discontinue a category of service, the permit holder shall give written notice of the closure or discontinuation to the State Senator and State Representative serving the legislative district in which the health care facility is located. Provides that if there is a pending lawsuit that challenges an application to discontinue a health care facility that either names the Board as a party or alleges fraud in the filings of the application, the Board may defer action on the application for up to 6 months from the date of the initial deferral of the application. Adds a Section concerning certificates of exemption for change of ownership of a health care facility, and makes changes concerning notice and the closure of a health care facility or the discontinuation of a category of service at a health care facility. Provides that specified changes shall apply to all applications submitted after the effective date of this amendatory Act of the 101st General Assembly. Makes other changes. Effective immediately.