HB 2222

Abstract

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. House Floor Amendment No. 1 Adds reference to: 20 ILCS 3960/8.5 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Amends the Illinois Health Facilities Planning Act. Provides that the legal notice required to be published upon the completion of an application for a change of ownership shall also be sent to the Office of the Attorney General. Further amends the provisions regarding notification to the Attorney General in the Illinois Antitrust Act. Removes the statement of intent. Changes the definition of "health care facility" and "provider organization". Changes the terms "Illinois health care facility" to "Illinois health care entity" and "out-of-state health care facility" to "out-of-state health care entity". Provides that the requirements of health care facilities also apply to provider organizations. Provides that written notice shall be provided and satisfied in different manners for health care facilities or provider organizations. Provides that any subsequent request for additional information by the Attorney General, after its initial request for additional information, shall not further delay the covered transaction from proceeding. Provides that before bringing an action or seeking to recover a civil penalty, the Attorney General shall permit the health care facility or provider organization to come into compliance with the provisions within 10 days of being notified of its alleged noncompliance. Makes other and conforming changes. Effective January 1, 2024. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change: Repeals the provisions on January 1, 2027 or makes them inoperative on that date. Effective January 1, 2024.