| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0526 | |
| 2 | 1 | HB2222 EnrolledLRB103 30580 LNS 57017 b HB2222 Enrolled LRB103 30580 LNS 57017 b | |
| 3 | 2 | HB2222 Enrolled LRB103 30580 LNS 57017 b | |
| 4 | - | AN ACT concerning civil law. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Illinois Health Facilities Planning Act is | |
| 8 | - | amended by changing Section 8.5 as follows: | |
| 9 | - | (20 ILCS 3960/8.5) | |
| 10 | - | (Section scheduled to be repealed on December 31, 2029) | |
| 11 | - | Sec. 8.5. Certificate of exemption for change of ownership | |
| 12 | - | of a health care facility; discontinuation of a category of | |
| 13 | - | service; public notice and public hearing. | |
| 14 | - | (a) Upon a finding that an application for a change of | |
| 15 | - | ownership is complete, the State Board shall publish a legal | |
| 16 | - | notice on 3 consecutive days in a newspaper of general | |
| 17 | - | circulation in the area or community to be affected and afford | |
| 18 | - | the public an opportunity to request a hearing. If the | |
| 19 | - | application is for a facility located in a Metropolitan | |
| 20 | - | Statistical Area, an additional legal notice shall be | |
| 21 | - | published in a newspaper of limited circulation, if one | |
| 22 | - | exists, in the area in which the facility is located. If the | |
| 23 | - | newspaper of limited circulation is published on a daily | |
| 24 | - | basis, the additional legal notice shall be published on 3 | |
| 25 | - | consecutive days. The applicant shall pay the cost incurred by | |
| 26 | - | the Board in publishing the change of ownership notice in | |
| 3 | + | 1 AN ACT concerning civil law. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Illinois Health Facilities Planning Act is | |
| 7 | + | 5 amended by changing Section 8.5 as follows: | |
| 8 | + | 6 (20 ILCS 3960/8.5) | |
| 9 | + | 7 (Section scheduled to be repealed on December 31, 2029) | |
| 10 | + | 8 Sec. 8.5. Certificate of exemption for change of ownership | |
| 11 | + | 9 of a health care facility; discontinuation of a category of | |
| 12 | + | 10 service; public notice and public hearing. | |
| 13 | + | 11 (a) Upon a finding that an application for a change of | |
| 14 | + | 12 ownership is complete, the State Board shall publish a legal | |
| 15 | + | 13 notice on 3 consecutive days in a newspaper of general | |
| 16 | + | 14 circulation in the area or community to be affected and afford | |
| 17 | + | 15 the public an opportunity to request a hearing. If the | |
| 18 | + | 16 application is for a facility located in a Metropolitan | |
| 19 | + | 17 Statistical Area, an additional legal notice shall be | |
| 20 | + | 18 published in a newspaper of limited circulation, if one | |
| 21 | + | 19 exists, in the area in which the facility is located. If the | |
| 22 | + | 20 newspaper of limited circulation is published on a daily | |
| 23 | + | 21 basis, the additional legal notice shall be published on 3 | |
| 24 | + | 22 consecutive days. The applicant shall pay the cost incurred by | |
| 25 | + | 23 the Board in publishing the change of ownership notice in | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB2222 Enrolled LRB103 30580 LNS 57017 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | newspapers as required under this subsection. The legal notice | |
| 34 | - | shall also be posted on the Health Facilities and Services | |
| 35 | - | Review Board's web site and sent to the State Representative | |
| 36 | - | and State Senator of the district in which the health care | |
| 37 | - | facility is located and to the Office of the Attorney General. | |
| 38 | - | An application for change of ownership of a hospital shall not | |
| 39 | - | be deemed complete without a signed certification that for a | |
| 40 | - | period of 2 years after the change of ownership transaction is | |
| 41 | - | effective, the hospital will not adopt a charity care policy | |
| 42 | - | that is more restrictive than the policy in effect during the | |
| 43 | - | year prior to the transaction. An application for a change of | |
| 44 | - | ownership need not contain signed transaction documents so | |
| 45 | - | long as it includes the following key terms of the | |
| 46 | - | transaction: names and background of the parties; structure of | |
| 47 | - | the transaction; the person who will be the licensed or | |
| 48 | - | certified entity after the transaction; the ownership or | |
| 49 | - | membership interests in such licensed or certified entity both | |
| 50 | - | prior to and after the transaction; fair market value of | |
| 51 | - | assets to be transferred; and the purchase price or other form | |
| 52 | - | of consideration to be provided for those assets. The issuance | |
| 53 | - | of the certificate of exemption shall be contingent upon the | |
| 54 | - | applicant submitting a statement to the Board within 90 days | |
| 55 | - | after the closing date of the transaction, or such longer | |
| 56 | - | period as provided by the Board, certifying that the change of | |
| 57 | - | ownership has been completed in accordance with the key terms | |
| 58 | - | contained in the application. If such key terms of the | |
| 32 | + | HB2222 Enrolled- 2 -LRB103 30580 LNS 57017 b HB2222 Enrolled - 2 - LRB103 30580 LNS 57017 b | |
| 33 | + | HB2222 Enrolled - 2 - LRB103 30580 LNS 57017 b | |
| 34 | + | 1 newspapers as required under this subsection. The legal notice | |
| 35 | + | 2 shall also be posted on the Health Facilities and Services | |
| 36 | + | 3 Review Board's web site and sent to the State Representative | |
| 37 | + | 4 and State Senator of the district in which the health care | |
| 38 | + | 5 facility is located and to the Office of the Attorney General. | |
| 39 | + | 6 An application for change of ownership of a hospital shall not | |
| 40 | + | 7 be deemed complete without a signed certification that for a | |
| 41 | + | 8 period of 2 years after the change of ownership transaction is | |
| 42 | + | 9 effective, the hospital will not adopt a charity care policy | |
| 43 | + | 10 that is more restrictive than the policy in effect during the | |
| 44 | + | 11 year prior to the transaction. An application for a change of | |
| 45 | + | 12 ownership need not contain signed transaction documents so | |
| 46 | + | 13 long as it includes the following key terms of the | |
| 47 | + | 14 transaction: names and background of the parties; structure of | |
| 48 | + | 15 the transaction; the person who will be the licensed or | |
| 49 | + | 16 certified entity after the transaction; the ownership or | |
| 50 | + | 17 membership interests in such licensed or certified entity both | |
| 51 | + | 18 prior to and after the transaction; fair market value of | |
| 52 | + | 19 assets to be transferred; and the purchase price or other form | |
| 53 | + | 20 of consideration to be provided for those assets. The issuance | |
| 54 | + | 21 of the certificate of exemption shall be contingent upon the | |
| 55 | + | 22 applicant submitting a statement to the Board within 90 days | |
| 56 | + | 23 after the closing date of the transaction, or such longer | |
| 57 | + | 24 period as provided by the Board, certifying that the change of | |
| 58 | + | 25 ownership has been completed in accordance with the key terms | |
| 59 | + | 26 contained in the application. If such key terms of the | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | transaction change, a new application shall be required. | |
| 62 | - | Where a change of ownership is among related persons, and | |
| 63 | - | there are no other changes being proposed at the health care | |
| 64 | - | facility that would otherwise require a permit or exemption | |
| 65 | - | under this Act, the applicant shall submit an application | |
| 66 | - | consisting of a standard notice in a form set forth by the | |
| 67 | - | Board briefly explaining the reasons for the proposed change | |
| 68 | - | of ownership. Once such an application is submitted to the | |
| 69 | - | Board and reviewed by the Board staff, the Board Chair shall | |
| 70 | - | take action on an application for an exemption for a change of | |
| 71 | - | ownership among related persons within 45 days after the | |
| 72 | - | application has been deemed complete, provided the application | |
| 73 | - | meets the applicable standards under this Section. If the | |
| 74 | - | Board Chair has a conflict of interest or for other good cause, | |
| 75 | - | the Chair may request review by the Board. Notwithstanding any | |
| 76 | - | other provision of this Act, for purposes of this Section, a | |
| 77 | - | change of ownership among related persons means a transaction | |
| 78 | - | where the parties to the transaction are under common control | |
| 79 | - | or ownership before and after the transaction is completed. | |
| 80 | - | Nothing in this Act shall be construed as authorizing the | |
| 81 | - | Board to impose any conditions, obligations, or limitations, | |
| 82 | - | other than those required by this Section, with respect to the | |
| 83 | - | issuance of an exemption for a change of ownership, including, | |
| 84 | - | but not limited to, the time period before which a subsequent | |
| 85 | - | change of ownership of the health care facility could be | |
| 86 | - | sought, or the commitment to continue to offer for a specified | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | time period any services currently offered by the health care | |
| 90 | - | facility. | |
| 91 | - | The changes made by this amendatory Act of the 103rd | |
| 92 | - | General Assembly are inoperative on and after January 1, 2027. | |
| 93 | - | (a-3) (Blank). | |
| 94 | - | (a-5) Upon a finding that an application to discontinue a | |
| 95 | - | category of service is complete and provides the requested | |
| 96 | - | information, as specified by the State Board, an exemption | |
| 97 | - | shall be issued. No later than 30 days after the issuance of | |
| 98 | - | the exemption, the health care facility must give written | |
| 99 | - | notice of the discontinuation of the category of service to | |
| 100 | - | the State Senator and State Representative serving the | |
| 101 | - | legislative district in which the health care facility is | |
| 102 | - | located. No later than 90 days after a discontinuation of a | |
| 103 | - | category of service, the applicant must submit a statement to | |
| 104 | - | the State Board certifying that the discontinuation is | |
| 105 | - | complete. | |
| 106 | - | (b) If a public hearing is requested, it shall be held at | |
| 107 | - | least 15 days but no more than 30 days after the date of | |
| 108 | - | publication of the legal notice in the community in which the | |
| 109 | - | facility is located. The hearing shall be held in the affected | |
| 110 | - | area or community in a place of reasonable size and | |
| 111 | - | accessibility and a full and complete written transcript of | |
| 112 | - | the proceedings shall be made. All interested persons | |
| 113 | - | attending the hearing shall be given a reasonable opportunity | |
| 114 | - | to present their positions in writing or orally. The applicant | |
| 64 | + | ||
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| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | shall provide a summary or describe the proposed change of | |
| 118 | - | ownership at the public hearing. | |
| 119 | - | (c) For the purposes of this Section "newspaper of limited | |
| 120 | - | circulation" means a newspaper intended to serve a particular | |
| 121 | - | or defined population of a specific geographic area within a | |
| 122 | - | Metropolitan Statistical Area such as a municipality, town, | |
| 123 | - | village, township, or community area, but does not include | |
| 124 | - | publications of professional and trade associations. | |
| 125 | - | (d) The changes made to this Section by this amendatory | |
| 126 | - | Act of the 101st General Assembly shall apply to all | |
| 127 | - | applications submitted after the effective date of this | |
| 128 | - | amendatory Act of the 101st General Assembly. | |
| 129 | - | (Source: P.A. 100-201, eff. 8-18-17; 101-83, eff. 7-15-19.) | |
| 130 | - | Section 10. The State Finance Act is amended by adding | |
| 131 | - | Section 5.990 as follows: | |
| 132 | - | (30 ILCS 105/5.990 new) | |
| 133 | - | Sec. 5.990. The Antitrust Enforcement Fund. This Section | |
| 134 | - | is repealed on January 1, 2027. | |
| 135 | - | Section 15. The Illinois Antitrust Act is amended by | |
| 136 | - | changing Section 7.2 and by adding Sections 7.2a and 13 as | |
| 137 | - | follows: | |
| 138 | - | (740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2) | |
| 68 | + | HB2222 Enrolled- 3 -LRB103 30580 LNS 57017 b HB2222 Enrolled - 3 - LRB103 30580 LNS 57017 b | |
| 69 | + | HB2222 Enrolled - 3 - LRB103 30580 LNS 57017 b | |
| 70 | + | 1 transaction change, a new application shall be required. | |
| 71 | + | 2 Where a change of ownership is among related persons, and | |
| 72 | + | 3 there are no other changes being proposed at the health care | |
| 73 | + | 4 facility that would otherwise require a permit or exemption | |
| 74 | + | 5 under this Act, the applicant shall submit an application | |
| 75 | + | 6 consisting of a standard notice in a form set forth by the | |
| 76 | + | 7 Board briefly explaining the reasons for the proposed change | |
| 77 | + | 8 of ownership. Once such an application is submitted to the | |
| 78 | + | 9 Board and reviewed by the Board staff, the Board Chair shall | |
| 79 | + | 10 take action on an application for an exemption for a change of | |
| 80 | + | 11 ownership among related persons within 45 days after the | |
| 81 | + | 12 application has been deemed complete, provided the application | |
| 82 | + | 13 meets the applicable standards under this Section. If the | |
| 83 | + | 14 Board Chair has a conflict of interest or for other good cause, | |
| 84 | + | 15 the Chair may request review by the Board. Notwithstanding any | |
| 85 | + | 16 other provision of this Act, for purposes of this Section, a | |
| 86 | + | 17 change of ownership among related persons means a transaction | |
| 87 | + | 18 where the parties to the transaction are under common control | |
| 88 | + | 19 or ownership before and after the transaction is completed. | |
| 89 | + | 20 Nothing in this Act shall be construed as authorizing the | |
| 90 | + | 21 Board to impose any conditions, obligations, or limitations, | |
| 91 | + | 22 other than those required by this Section, with respect to the | |
| 92 | + | 23 issuance of an exemption for a change of ownership, including, | |
| 93 | + | 24 but not limited to, the time period before which a subsequent | |
| 94 | + | 25 change of ownership of the health care facility could be | |
| 95 | + | 26 sought, or the commitment to continue to offer for a specified | |
| 139 | 96 | ||
| 140 | 97 | ||
| 141 | - | Sec. 7.2. (1) Whenever it appears to the Attorney General | |
| 142 | - | that any person has engaged in, is engaging in, or is about to | |
| 143 | - | engage in any act or practice prohibited by this Act, or that | |
| 144 | - | any person has assisted or participated in any agreement or | |
| 145 | - | combination of the nature described herein, he may, in his | |
| 146 | - | discretion, conduct an investigation as he deems necessary in | |
| 147 | - | connection with the matter and has the authority prior to the | |
| 148 | - | commencement of any civil or criminal action as provided for | |
| 149 | - | in the Act to subpoena witnesses, and pursuant to a subpoena | |
| 150 | - | (i) compel their attendance for the purpose of examining them | |
| 151 | - | under oath, (ii) require the production of any books, | |
| 152 | - | documents, records, writings or tangible things hereafter | |
| 153 | - | referred to as "documentary material" which the Attorney | |
| 154 | - | General deems relevant or material to his investigation, for | |
| 155 | - | inspection, reproducing or copying under such terms and | |
| 156 | - | conditions as hereafter set forth, (iii) require written | |
| 157 | - | answers under oath to written interrogatories, or (iv) require | |
| 158 | - | compliance with a combination of the foregoing. Any subpoena | |
| 159 | - | issued by the Attorney General shall contain the following | |
| 160 | - | information: | |
| 161 | - | (a) The statute and section thereof, the alleged | |
| 162 | - | violation of which is under investigation and the general | |
| 163 | - | subject matter of the investigation. | |
| 164 | - | (b) The date and place at which time the person is | |
| 165 | - | required to appear or produce documentary material in his | |
| 166 | - | possession, custody or control or submit answers to | |
| 167 | 98 | ||
| 168 | 99 | ||
| 169 | - | interrogatories in the office of the Attorney General | |
| 170 | - | located in Springfield or Chicago. Said date shall not be | |
| 171 | - | less than 10 days from date of service of the subpoena. | |
| 172 | - | (c) Where documentary material is required to be | |
| 173 | - | produced, the same shall be described by class so as to | |
| 174 | - | clearly indicate the material demanded. | |
| 175 | - | The Attorney General is hereby authorized, and may so | |
| 176 | - | elect, to require the production, pursuant to this section, of | |
| 177 | - | documentary material or interrogatory answers prior to the | |
| 178 | - | taking of any testimony of the person subpoenaed. Said | |
| 179 | - | documentary material shall be made available for inspection | |
| 180 | - | and copying during normal business hours at the principal | |
| 181 | - | place of business of the person served, or at such other time | |
| 182 | - | and place, as may be agreed upon by the person served and the | |
| 183 | - | Attorney General. When documentary material is demanded by | |
| 184 | - | subpoena, said subpoena shall not: | |
| 185 | - | (i) contain any requirement which would be | |
| 186 | - | unreasonable or improper if contained in a subpoena duces | |
| 187 | - | tecum issued by a court of this State; or | |
| 188 | - | (ii) require the disclosure of any documentary | |
| 189 | - | material which would be privileged, or which for any other | |
| 190 | - | reason would not be required by a subpoena duces tecum | |
| 191 | - | issued by a court of this State. | |
| 192 | - | (2) The production of documentary material in response to | |
| 193 | - | a subpoena served pursuant to this Section shall be made under | |
| 194 | - | a sworn certificate, in such form as the subpoena designates, | |
| 100 | + | ||
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| 195 | 102 | ||
| 196 | 103 | ||
| 197 | - | by the person, if a natural person, to whom the demand is | |
| 198 | - | directed or, if not a natural person, by a person or persons | |
| 199 | - | having knowledge of the facts and circumstances relating to | |
| 200 | - | such production, to the effect that all of the documentary | |
| 201 | - | material required by the demand and in the possession, | |
| 202 | - | custody, or control of the person to whom the demand is | |
| 203 | - | directed has been produced and made available to the | |
| 204 | - | custodian. Answers to interrogatories shall be accompanied by | |
| 205 | - | a statement under oath attesting to the accuracy of the | |
| 206 | - | answers. | |
| 207 | - | While in the possession of the Attorney General and under | |
| 208 | - | such reasonable terms and conditions as the Attorney General | |
| 209 | - | shall prescribe: (A) documentary material shall be available | |
| 210 | - | for examination by the person who produced such material or by | |
| 211 | - | any duly authorized representative of such person, (B) | |
| 212 | - | transcript of oral testimony shall be available for | |
| 213 | - | examination by the person who produced such testimony, or his | |
| 214 | - | or her counsel and (C) answers to interrogatories shall be | |
| 215 | - | available for examination by the person who swore to their | |
| 216 | - | accuracy. | |
| 217 | - | Except as otherwise provided in this Section, no | |
| 218 | - | documentary material, transcripts of oral testimony, or | |
| 219 | - | answers to interrogatories, or copies thereof, in the | |
| 220 | - | possession of the Attorney General shall be available for | |
| 221 | - | examination by any individual other than an authorized | |
| 222 | - | employee of the Attorney General or other law enforcement | |
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| 105 | + | HB2222 Enrolled - 4 - LRB103 30580 LNS 57017 b | |
| 106 | + | 1 time period any services currently offered by the health care | |
| 107 | + | 2 facility. | |
| 108 | + | 3 The changes made by this amendatory Act of the 103rd | |
| 109 | + | 4 General Assembly are inoperative on and after January 1, 2027. | |
| 110 | + | 5 (a-3) (Blank). | |
| 111 | + | 6 (a-5) Upon a finding that an application to discontinue a | |
| 112 | + | 7 category of service is complete and provides the requested | |
| 113 | + | 8 information, as specified by the State Board, an exemption | |
| 114 | + | 9 shall be issued. No later than 30 days after the issuance of | |
| 115 | + | 10 the exemption, the health care facility must give written | |
| 116 | + | 11 notice of the discontinuation of the category of service to | |
| 117 | + | 12 the State Senator and State Representative serving the | |
| 118 | + | 13 legislative district in which the health care facility is | |
| 119 | + | 14 located. No later than 90 days after a discontinuation of a | |
| 120 | + | 15 category of service, the applicant must submit a statement to | |
| 121 | + | 16 the State Board certifying that the discontinuation is | |
| 122 | + | 17 complete. | |
| 123 | + | 18 (b) If a public hearing is requested, it shall be held at | |
| 124 | + | 19 least 15 days but no more than 30 days after the date of | |
| 125 | + | 20 publication of the legal notice in the community in which the | |
| 126 | + | 21 facility is located. The hearing shall be held in the affected | |
| 127 | + | 22 area or community in a place of reasonable size and | |
| 128 | + | 23 accessibility and a full and complete written transcript of | |
| 129 | + | 24 the proceedings shall be made. All interested persons | |
| 130 | + | 25 attending the hearing shall be given a reasonable opportunity | |
| 131 | + | 26 to present their positions in writing or orally. The applicant | |
| 223 | 132 | ||
| 224 | 133 | ||
| 225 | - | officials, federal, State, or local, without the consent of | |
| 226 | - | the person who produced such material, transcripts, or | |
| 227 | - | interrogatory answers. Such documentary material, transcripts | |
| 228 | - | of oral testimony, or answers to interrogatories, or copies | |
| 229 | - | thereof may be used by the Attorney General in any | |
| 230 | - | administrative or judicial action or proceeding. | |
| 231 | - | For purposes of this Section, all documentary materials, | |
| 232 | - | transcripts of oral testimony, or answers to interrogatories | |
| 233 | - | obtained by the Attorney General from other law enforcement | |
| 234 | - | officials, information voluntarily produced to the Attorney | |
| 235 | - | General for purposes of any investigation conducted under | |
| 236 | - | subsection (1), or information provided to the Attorney | |
| 237 | - | General pursuant to the notice requirement of Section 7.2a | |
| 238 | - | shall be treated as if produced pursuant to a subpoena served | |
| 239 | - | pursuant to this Section for purposes of maintaining the | |
| 240 | - | confidentiality of such information. | |
| 241 | - | The changes made by this amendatory Act of the 103rd | |
| 242 | - | General Assembly are inoperative on and after January 1, 2027. | |
| 243 | - | (3) No person shall, with intent to avoid, evade, prevent, | |
| 244 | - | or obstruct compliance in whole or in part by any person with | |
| 245 | - | any duly served subpoena of the Attorney General under this | |
| 246 | - | Act, knowingly remove from any place, conceal, withhold, | |
| 247 | - | destroy, mutilate, alter, or by any other means falsify any | |
| 248 | - | documentary material that is the subject of such subpoena. A | |
| 249 | - | violation of this subsection is a Class A misdemeanor. The | |
| 250 | - | Attorney General, with such assistance as he may from time to | |
| 251 | 134 | ||
| 252 | 135 | ||
| 253 | - | time require of the State's Attorneys in the several counties, | |
| 254 | - | shall investigate suspected violations of this subsection and | |
| 255 | - | shall commence and try all prosecutions under this subsection. | |
| 256 | - | (Source: P.A. 96-751, eff. 1-1-10; 96-1000, eff. 7-2-10.) | |
| 257 | - | (740 ILCS 10/7.2a new) | |
| 258 | - | Sec. 7.2a. Notification to the Attorney General. | |
| 259 | - | (a) As used in this Section: | |
| 260 | - | "Acquisition" means an agreement, arrangement, or activity | |
| 261 | - | the consummation of which results in a person acquiring | |
| 262 | - | directly or indirectly the control of another person. | |
| 263 | - | "Acquisition" includes the acquisition of voting securities | |
| 264 | - | and noncorporate interests, such as assets, capital stock, | |
| 265 | - | membership interests, or equity interests. | |
| 266 | - | "Contracting affiliation" means the formation of a | |
| 267 | - | relationship between 2 or more entities that permits the | |
| 268 | - | entities to negotiate jointly with health carriers or | |
| 269 | - | third-party administrators over rates for professional medical | |
| 270 | - | services, or for one entity to negotiate on behalf of the other | |
| 271 | - | entity with health carriers or third-party administrators over | |
| 272 | - | rates for professional medical services. "Contracting | |
| 273 | - | affiliation" does not include arrangements among entities | |
| 274 | - | under common ownership. | |
| 275 | - | "Covered transaction" means any merger, acquisition, or | |
| 276 | - | contracting affiliation between 2 or more health care | |
| 277 | - | facilities or provider organizations not previously under | |
| 136 | + | ||
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| 278 | 138 | ||
| 279 | 139 | ||
| 280 | - | common ownership or contracting affiliation. | |
| 281 | - | "Health care facility" means the following facilities, | |
| 282 | - | organizations, and related persons: | |
| 283 | - | (1) An ambulatory surgical treatment center required | |
| 284 | - | to be licensed under the Ambulatory Surgical Treatment | |
| 285 | - | Center Act. | |
| 286 | - | (2) An institution, place, building, or agency | |
| 287 | - | required to be licensed under the Hospital Licensing Act. | |
| 288 | - | (3) A hospital, ambulatory surgical treatment center, | |
| 289 | - | or kidney disease treatment center maintained by the State | |
| 290 | - | or any department or agency thereof. | |
| 291 | - | (4) A kidney disease treatment center, including a | |
| 292 | - | free-standing hemodialysis unit required to meet the | |
| 293 | - | requirements of 42 CFR 494 in order to be certified for | |
| 294 | - | participation in Medicare and Medicaid under Titles XVIII | |
| 295 | - | and XIX of the federal Social Security Act of 1935. | |
| 296 | - | (5) An institution, place, building, or room used for | |
| 297 | - | the performance of outpatient surgical procedures that is | |
| 298 | - | leased, owned, or operated by or on behalf of an | |
| 299 | - | out-of-state facility. | |
| 300 | - | (6) An institution, place, building, or room used for | |
| 301 | - | provision of a health care category of service, as defined | |
| 302 | - | under the Illinois Health Facilities Planning Act, | |
| 303 | - | including, but not limited to, cardiac catheterization and | |
| 304 | - | open heart surgery. | |
| 305 | - | With the exception of those health care facilities | |
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| 142 | + | 1 shall provide a summary or describe the proposed change of | |
| 143 | + | 2 ownership at the public hearing. | |
| 144 | + | 3 (c) For the purposes of this Section "newspaper of limited | |
| 145 | + | 4 circulation" means a newspaper intended to serve a particular | |
| 146 | + | 5 or defined population of a specific geographic area within a | |
| 147 | + | 6 Metropolitan Statistical Area such as a municipality, town, | |
| 148 | + | 7 village, township, or community area, but does not include | |
| 149 | + | 8 publications of professional and trade associations. | |
| 150 | + | 9 (d) The changes made to this Section by this amendatory | |
| 151 | + | 10 Act of the 101st General Assembly shall apply to all | |
| 152 | + | 11 applications submitted after the effective date of this | |
| 153 | + | 12 amendatory Act of the 101st General Assembly. | |
| 154 | + | 13 (Source: P.A. 100-201, eff. 8-18-17; 101-83, eff. 7-15-19.) | |
| 155 | + | 14 Section 10. The State Finance Act is amended by adding | |
| 156 | + | 15 Section 5.990 as follows: | |
| 157 | + | 16 (30 ILCS 105/5.990 new) | |
| 158 | + | 17 Sec. 5.990. The Antitrust Enforcement Fund. This Section | |
| 159 | + | 18 is repealed on January 1, 2027. | |
| 160 | + | 19 Section 15. The Illinois Antitrust Act is amended by | |
| 161 | + | 20 changing Section 7.2 and by adding Sections 7.2a and 13 as | |
| 162 | + | 21 follows: | |
| 163 | + | 22 (740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2) | |
| 306 | 164 | ||
| 307 | 165 | ||
| 308 | - | specifically included in this Section, nothing in this Section | |
| 309 | - | shall be intended to include facilities operated as a part of | |
| 310 | - | the practice of a physician or other licensed health care | |
| 311 | - | professional, whether practicing in his or her individual | |
| 312 | - | capacity or within the legal structure of any partnership, | |
| 313 | - | medical or professional corporation, or unincorporated medical | |
| 314 | - | or professional group. Further, this Section shall not apply | |
| 315 | - | to physicians or other licensed health care professional's | |
| 316 | - | practices where such practices are carried out in a portion of | |
| 317 | - | a health care facility under contract with such health care | |
| 318 | - | facility by a physician or by other licensed health care | |
| 319 | - | professionals, whether practicing in his or her individual | |
| 320 | - | capacity or within the legal structure of any partnership, | |
| 321 | - | medical or professional corporation, or unincorporated medical | |
| 322 | - | or professional groups, unless the entity constructs, | |
| 323 | - | modifies, or establishes a health care facility as | |
| 324 | - | specifically defined in this Section. | |
| 325 | - | "Health care services revenue" means the total revenue | |
| 326 | - | received for health care services in the previous 12 months. | |
| 327 | - | "Health carriers" has the meaning given to that term in | |
| 328 | - | Section 10 of the Health Carrier External Review Act. | |
| 329 | - | "Illinois health care entity" means a health care facility | |
| 330 | - | or provider organization that has an office in or is doing | |
| 331 | - | business in this State. | |
| 332 | - | "Merger" means the consolidation of 2 or more | |
| 333 | - | organizations, including 2 or more organizations joining | |
| 334 | 166 | ||
| 335 | 167 | ||
| 336 | - | through a common parent organization or 2 or more | |
| 337 | - | organizations forming a new organization, but does not include | |
| 338 | - | a corporate reorganization. | |
| 339 | - | "Out-of-state health care entity" means a health care | |
| 340 | - | facility or provider organization that is not headquartered in | |
| 341 | - | this State and does not do business in this State. | |
| 342 | - | "Provider organization" means a corporation, partnership, | |
| 343 | - | business trust, association, or organized group of persons, | |
| 344 | - | whether incorporated or not, which is in the business of | |
| 345 | - | health care delivery or management and that represents 20 or | |
| 346 | - | more health care providers in contracting with health carriers | |
| 347 | - | or third-party administrators for the payment of health care | |
| 348 | - | services. "Provider organization" includes physician | |
| 349 | - | organizations, physician-hospital organizations, independent | |
| 350 | - | practice associations, provider networks, and accountable care | |
| 351 | - | organizations. | |
| 352 | - | "Third-party administrator" means an entity that | |
| 353 | - | administers payments for health care services on behalf of a | |
| 354 | - | client in exchange for an administrative fee. | |
| 355 | - | (b) Health care facilities or provider organizations that | |
| 356 | - | are party to a covered transaction shall provide notice of | |
| 357 | - | such transaction to the Attorney General no later than 30 days | |
| 358 | - | prior to the transaction closing or effective date of the | |
| 359 | - | transaction. | |
| 360 | - | Covered transactions between an Illinois health care | |
| 361 | - | entity and an out-of-state health care entity must provide | |
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| 363 | 171 | ||
| 364 | - | notice under this subsection where the out-of-state entity | |
| 365 | - | generates $10,000,000 or more in annual revenue from patients | |
| 366 | - | residing in this State. | |
| 367 | - | (c) The written notice provided by the parties under | |
| 368 | - | subsection (b) shall be provided as follows: | |
| 369 | - | (1) For any health care facility or provider | |
| 370 | - | organization that is a party to a covered transaction and | |
| 371 | - | files a premerger notification with the Federal Trade | |
| 372 | - | Commission or the United States Department of Justice, in | |
| 373 | - | compliance with the Hart-Scott-Rodino Antitrust | |
| 374 | - | Improvements Act of 1976, 15 U.S.C. 18a, the notice | |
| 375 | - | requirement is satisfied by providing a copy of such | |
| 376 | - | filing to the Attorney General at the same time as it is | |
| 377 | - | provided to the federal government. | |
| 378 | - | (2) For any health care facility that is a party to a | |
| 379 | - | covered transaction that is not described in paragraph | |
| 380 | - | (1), the notice requirement is satisfied when the | |
| 381 | - | healthcare facility files an application for a change of | |
| 382 | - | ownership with the Health Facilities and Services Review | |
| 383 | - | Board, in compliance with the Illinois Health Facilities | |
| 384 | - | Planning Act. The Health Facilities and Services Review | |
| 385 | - | Board shall provide a copy of such filing to the Attorney | |
| 386 | - | General at the same time as it is provided to the | |
| 387 | - | applicable State legislators under subsection (a) of | |
| 388 | - | Section 8.5 of the Illinois Health Facilities Planning | |
| 389 | - | Act. | |
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| 174 | + | 1 Sec. 7.2. (1) Whenever it appears to the Attorney General | |
| 175 | + | 2 that any person has engaged in, is engaging in, or is about to | |
| 176 | + | 3 engage in any act or practice prohibited by this Act, or that | |
| 177 | + | 4 any person has assisted or participated in any agreement or | |
| 178 | + | 5 combination of the nature described herein, he may, in his | |
| 179 | + | 6 discretion, conduct an investigation as he deems necessary in | |
| 180 | + | 7 connection with the matter and has the authority prior to the | |
| 181 | + | 8 commencement of any civil or criminal action as provided for | |
| 182 | + | 9 in the Act to subpoena witnesses, and pursuant to a subpoena | |
| 183 | + | 10 (i) compel their attendance for the purpose of examining them | |
| 184 | + | 11 under oath, (ii) require the production of any books, | |
| 185 | + | 12 documents, records, writings or tangible things hereafter | |
| 186 | + | 13 referred to as "documentary material" which the Attorney | |
| 187 | + | 14 General deems relevant or material to his investigation, for | |
| 188 | + | 15 inspection, reproducing or copying under such terms and | |
| 189 | + | 16 conditions as hereafter set forth, (iii) require written | |
| 190 | + | 17 answers under oath to written interrogatories, or (iv) require | |
| 191 | + | 18 compliance with a combination of the foregoing. Any subpoena | |
| 192 | + | 19 issued by the Attorney General shall contain the following | |
| 193 | + | 20 information: | |
| 194 | + | 21 (a) The statute and section thereof, the alleged | |
| 195 | + | 22 violation of which is under investigation and the general | |
| 196 | + | 23 subject matter of the investigation. | |
| 197 | + | 24 (b) The date and place at which time the person is | |
| 198 | + | 25 required to appear or produce documentary material in his | |
| 199 | + | 26 possession, custody or control or submit answers to | |
| 390 | 200 | ||
| 391 | 201 | ||
| 392 | - | (3) For any health care facility or provider | |
| 393 | - | organization that is a party to a covered transaction that | |
| 394 | - | is not described in paragraph (1) or (2), written notice | |
| 395 | - | provided by the parties must include: | |
| 396 | - | (A) the names of the parties and their current | |
| 397 | - | business address; | |
| 398 | - | (B) identification of all locations where health | |
| 399 | - | care services are currently provided by each party; | |
| 400 | - | (C) a brief description of the nature and purpose | |
| 401 | - | of the proposed transaction; and | |
| 402 | - | (D) the anticipated effective date of the proposed | |
| 403 | - | transaction. | |
| 404 | - | Nothing in this subsection prohibits the parties to a | |
| 405 | - | covered transaction from voluntarily providing additional | |
| 406 | - | information to the Attorney General. | |
| 407 | - | (d) The Attorney General may make any requests for | |
| 408 | - | additional information from the parties that is relevant to | |
| 409 | - | its investigation of the covered transaction within 30 days of | |
| 410 | - | the date notice is received under subsections (b) and (c). If | |
| 411 | - | the Attorney General requests additional information, the | |
| 412 | - | covered transaction may not proceed until 30 days after the | |
| 413 | - | parties have substantially complied with the request. Any | |
| 414 | - | subsequent request for additional information by the Attorney | |
| 415 | - | General shall not further delay the covered transaction from | |
| 416 | - | proceeding. Nothing in this Section precludes the Attorney | |
| 417 | - | General from conducting an investigation or enforcing State or | |
| 418 | 202 | ||
| 419 | 203 | ||
| 420 | - | federal antitrust laws at a later date. | |
| 421 | - | (e) Any health care facility or provider organization that | |
| 422 | - | fails to comply with any provision of this Section is subject | |
| 423 | - | to a civil penalty of not more than $500 per day for each day | |
| 424 | - | during which the health care facility or provider organization | |
| 425 | - | is in violation of this Section. | |
| 426 | - | Whenever the Attorney General has reason to believe that a | |
| 427 | - | health care facility or provider organization has engaged in | |
| 428 | - | or is engaging in a covered transaction without complying with | |
| 429 | - | the provisions of this Section, the Attorney General may apply | |
| 430 | - | for and obtain, in an action in the Circuit Court of Sangamon | |
| 431 | - | or Cook County, a temporary restraining order or injunction, | |
| 432 | - | or both, prohibiting the health care facility or provider | |
| 433 | - | organization from continuing its noncompliance or doing any | |
| 434 | - | act in furtherance thereof. The court may make such further | |
| 435 | - | orders or judgments, at law or in equity, as may be necessary | |
| 436 | - | to remedy such noncompliance. | |
| 437 | - | Before bringing such an action or seeking to recover a | |
| 438 | - | civil penalty, the Attorney General shall permit the health | |
| 439 | - | care facility or provider organization to come into compliance | |
| 440 | - | with this Section within 10 days of being notified of its | |
| 441 | - | alleged noncompliance. The right to cure noncompliance does | |
| 442 | - | not exist on or after the covered transaction's proposed or | |
| 443 | - | actual closing date of the covered transaction, whichever is | |
| 444 | - | sooner. | |
| 445 | - | (f) This Section is repealed on January 1, 2027. | |
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| 446 | 206 | ||
| 447 | 207 | ||
| 448 | - | (740 ILCS 10/13 new) | |
| 449 | - | Sec. 13. Antitrust Enforcement Fund. Any penalties | |
| 450 | - | collected from an entity for violations of this Act shall be | |
| 451 | - | deposited into the Antitrust Enforcement Fund, a special fund | |
| 452 | - | created in the State treasury that is dedicated to enforcing | |
| 453 | - | this Act. | |
| 454 | - | This Section is repealed on January 1, 2027. | |
| 455 | - | Section 99. Effective date. This Act takes effect January | |
| 456 | - | 1, 2024. | |
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| 210 | + | 1 interrogatories in the office of the Attorney General | |
| 211 | + | 2 located in Springfield or Chicago. Said date shall not be | |
| 212 | + | 3 less than 10 days from date of service of the subpoena. | |
| 213 | + | 4 (c) Where documentary material is required to be | |
| 214 | + | 5 produced, the same shall be described by class so as to | |
| 215 | + | 6 clearly indicate the material demanded. | |
| 216 | + | 7 The Attorney General is hereby authorized, and may so | |
| 217 | + | 8 elect, to require the production, pursuant to this section, of | |
| 218 | + | 9 documentary material or interrogatory answers prior to the | |
| 219 | + | 10 taking of any testimony of the person subpoenaed. Said | |
| 220 | + | 11 documentary material shall be made available for inspection | |
| 221 | + | 12 and copying during normal business hours at the principal | |
| 222 | + | 13 place of business of the person served, or at such other time | |
| 223 | + | 14 and place, as may be agreed upon by the person served and the | |
| 224 | + | 15 Attorney General. When documentary material is demanded by | |
| 225 | + | 16 subpoena, said subpoena shall not: | |
| 226 | + | 17 (i) contain any requirement which would be | |
| 227 | + | 18 unreasonable or improper if contained in a subpoena duces | |
| 228 | + | 19 tecum issued by a court of this State; or | |
| 229 | + | 20 (ii) require the disclosure of any documentary | |
| 230 | + | 21 material which would be privileged, or which for any other | |
| 231 | + | 22 reason would not be required by a subpoena duces tecum | |
| 232 | + | 23 issued by a court of this State. | |
| 233 | + | 24 (2) The production of documentary material in response to | |
| 234 | + | 25 a subpoena served pursuant to this Section shall be made under | |
| 235 | + | 26 a sworn certificate, in such form as the subpoena designates, | |
| 236 | + | ||
| 237 | + | ||
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| 246 | + | 1 by the person, if a natural person, to whom the demand is | |
| 247 | + | 2 directed or, if not a natural person, by a person or persons | |
| 248 | + | 3 having knowledge of the facts and circumstances relating to | |
| 249 | + | 4 such production, to the effect that all of the documentary | |
| 250 | + | 5 material required by the demand and in the possession, | |
| 251 | + | 6 custody, or control of the person to whom the demand is | |
| 252 | + | 7 directed has been produced and made available to the | |
| 253 | + | 8 custodian. Answers to interrogatories shall be accompanied by | |
| 254 | + | 9 a statement under oath attesting to the accuracy of the | |
| 255 | + | 10 answers. | |
| 256 | + | 11 While in the possession of the Attorney General and under | |
| 257 | + | 12 such reasonable terms and conditions as the Attorney General | |
| 258 | + | 13 shall prescribe: (A) documentary material shall be available | |
| 259 | + | 14 for examination by the person who produced such material or by | |
| 260 | + | 15 any duly authorized representative of such person, (B) | |
| 261 | + | 16 transcript of oral testimony shall be available for | |
| 262 | + | 17 examination by the person who produced such testimony, or his | |
| 263 | + | 18 or her counsel and (C) answers to interrogatories shall be | |
| 264 | + | 19 available for examination by the person who swore to their | |
| 265 | + | 20 accuracy. | |
| 266 | + | 21 Except as otherwise provided in this Section, no | |
| 267 | + | 22 documentary material, transcripts of oral testimony, or | |
| 268 | + | 23 answers to interrogatories, or copies thereof, in the | |
| 269 | + | 24 possession of the Attorney General shall be available for | |
| 270 | + | 25 examination by any individual other than an authorized | |
| 271 | + | 26 employee of the Attorney General or other law enforcement | |
| 272 | + | ||
| 273 | + | ||
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| 282 | + | 1 officials, federal, State, or local, without the consent of | |
| 283 | + | 2 the person who produced such material, transcripts, or | |
| 284 | + | 3 interrogatory answers. Such documentary material, transcripts | |
| 285 | + | 4 of oral testimony, or answers to interrogatories, or copies | |
| 286 | + | 5 thereof may be used by the Attorney General in any | |
| 287 | + | 6 administrative or judicial action or proceeding. | |
| 288 | + | 7 For purposes of this Section, all documentary materials, | |
| 289 | + | 8 transcripts of oral testimony, or answers to interrogatories | |
| 290 | + | 9 obtained by the Attorney General from other law enforcement | |
| 291 | + | 10 officials, information voluntarily produced to the Attorney | |
| 292 | + | 11 General for purposes of any investigation conducted under | |
| 293 | + | 12 subsection (1), or information provided to the Attorney | |
| 294 | + | 13 General pursuant to the notice requirement of Section 7.2a | |
| 295 | + | 14 shall be treated as if produced pursuant to a subpoena served | |
| 296 | + | 15 pursuant to this Section for purposes of maintaining the | |
| 297 | + | 16 confidentiality of such information. | |
| 298 | + | 17 The changes made by this amendatory Act of the 103rd | |
| 299 | + | 18 General Assembly are inoperative on and after January 1, 2027. | |
| 300 | + | 19 (3) No person shall, with intent to avoid, evade, prevent, | |
| 301 | + | 20 or obstruct compliance in whole or in part by any person with | |
| 302 | + | 21 any duly served subpoena of the Attorney General under this | |
| 303 | + | 22 Act, knowingly remove from any place, conceal, withhold, | |
| 304 | + | 23 destroy, mutilate, alter, or by any other means falsify any | |
| 305 | + | 24 documentary material that is the subject of such subpoena. A | |
| 306 | + | 25 violation of this subsection is a Class A misdemeanor. The | |
| 307 | + | 26 Attorney General, with such assistance as he may from time to | |
| 308 | + | ||
| 309 | + | ||
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| 318 | + | 1 time require of the State's Attorneys in the several counties, | |
| 319 | + | 2 shall investigate suspected violations of this subsection and | |
| 320 | + | 3 shall commence and try all prosecutions under this subsection. | |
| 321 | + | 4 (Source: P.A. 96-751, eff. 1-1-10; 96-1000, eff. 7-2-10.) | |
| 322 | + | 5 (740 ILCS 10/7.2a new) | |
| 323 | + | 6 Sec. 7.2a. Notification to the Attorney General. | |
| 324 | + | 7 (a) As used in this Section: | |
| 325 | + | 8 "Acquisition" means an agreement, arrangement, or activity | |
| 326 | + | 9 the consummation of which results in a person acquiring | |
| 327 | + | 10 directly or indirectly the control of another person. | |
| 328 | + | 11 "Acquisition" includes the acquisition of voting securities | |
| 329 | + | 12 and noncorporate interests, such as assets, capital stock, | |
| 330 | + | 13 membership interests, or equity interests. | |
| 331 | + | 14 "Contracting affiliation" means the formation of a | |
| 332 | + | 15 relationship between 2 or more entities that permits the | |
| 333 | + | 16 entities to negotiate jointly with health carriers or | |
| 334 | + | 17 third-party administrators over rates for professional medical | |
| 335 | + | 18 services, or for one entity to negotiate on behalf of the other | |
| 336 | + | 19 entity with health carriers or third-party administrators over | |
| 337 | + | 20 rates for professional medical services. "Contracting | |
| 338 | + | 21 affiliation" does not include arrangements among entities | |
| 339 | + | 22 under common ownership. | |
| 340 | + | 23 "Covered transaction" means any merger, acquisition, or | |
| 341 | + | 24 contracting affiliation between 2 or more health care | |
| 342 | + | 25 facilities or provider organizations not previously under | |
| 343 | + | ||
| 344 | + | ||
| 345 | + | ||
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| 353 | + | 1 common ownership or contracting affiliation. | |
| 354 | + | 2 "Health care facility" means the following facilities, | |
| 355 | + | 3 organizations, and related persons: | |
| 356 | + | 4 (1) An ambulatory surgical treatment center required | |
| 357 | + | 5 to be licensed under the Ambulatory Surgical Treatment | |
| 358 | + | 6 Center Act. | |
| 359 | + | 7 (2) An institution, place, building, or agency | |
| 360 | + | 8 required to be licensed under the Hospital Licensing Act. | |
| 361 | + | 9 (3) A hospital, ambulatory surgical treatment center, | |
| 362 | + | 10 or kidney disease treatment center maintained by the State | |
| 363 | + | 11 or any department or agency thereof. | |
| 364 | + | 12 (4) A kidney disease treatment center, including a | |
| 365 | + | 13 free-standing hemodialysis unit required to meet the | |
| 366 | + | 14 requirements of 42 CFR 494 in order to be certified for | |
| 367 | + | 15 participation in Medicare and Medicaid under Titles XVIII | |
| 368 | + | 16 and XIX of the federal Social Security Act of 1935. | |
| 369 | + | 17 (5) An institution, place, building, or room used for | |
| 370 | + | 18 the performance of outpatient surgical procedures that is | |
| 371 | + | 19 leased, owned, or operated by or on behalf of an | |
| 372 | + | 20 out-of-state facility. | |
| 373 | + | 21 (6) An institution, place, building, or room used for | |
| 374 | + | 22 provision of a health care category of service, as defined | |
| 375 | + | 23 under the Illinois Health Facilities Planning Act, | |
| 376 | + | 24 including, but not limited to, cardiac catheterization and | |
| 377 | + | 25 open heart surgery. | |
| 378 | + | 26 With the exception of those health care facilities | |
| 379 | + | ||
| 380 | + | ||
| 381 | + | ||
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| 389 | + | 1 specifically included in this Section, nothing in this Section | |
| 390 | + | 2 shall be intended to include facilities operated as a part of | |
| 391 | + | 3 the practice of a physician or other licensed health care | |
| 392 | + | 4 professional, whether practicing in his or her individual | |
| 393 | + | 5 capacity or within the legal structure of any partnership, | |
| 394 | + | 6 medical or professional corporation, or unincorporated medical | |
| 395 | + | 7 or professional group. Further, this Section shall not apply | |
| 396 | + | 8 to physicians or other licensed health care professional's | |
| 397 | + | 9 practices where such practices are carried out in a portion of | |
| 398 | + | 10 a health care facility under contract with such health care | |
| 399 | + | 11 facility by a physician or by other licensed health care | |
| 400 | + | 12 professionals, whether practicing in his or her individual | |
| 401 | + | 13 capacity or within the legal structure of any partnership, | |
| 402 | + | 14 medical or professional corporation, or unincorporated medical | |
| 403 | + | 15 or professional groups, unless the entity constructs, | |
| 404 | + | 16 modifies, or establishes a health care facility as | |
| 405 | + | 17 specifically defined in this Section. | |
| 406 | + | 18 "Health care services revenue" means the total revenue | |
| 407 | + | 19 received for health care services in the previous 12 months. | |
| 408 | + | 20 "Health carriers" has the meaning given to that term in | |
| 409 | + | 21 Section 10 of the Health Carrier External Review Act. | |
| 410 | + | 22 "Illinois health care entity" means a health care facility | |
| 411 | + | 23 or provider organization that has an office in or is doing | |
| 412 | + | 24 business in this State. | |
| 413 | + | 25 "Merger" means the consolidation of 2 or more | |
| 414 | + | 26 organizations, including 2 or more organizations joining | |
| 415 | + | ||
| 416 | + | ||
| 417 | + | ||
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| 425 | + | 1 through a common parent organization or 2 or more | |
| 426 | + | 2 organizations forming a new organization, but does not include | |
| 427 | + | 3 a corporate reorganization. | |
| 428 | + | 4 "Out-of-state health care entity" means a health care | |
| 429 | + | 5 facility or provider organization that is not headquartered in | |
| 430 | + | 6 this State and does not do business in this State. | |
| 431 | + | 7 "Provider organization" means a corporation, partnership, | |
| 432 | + | 8 business trust, association, or organized group of persons, | |
| 433 | + | 9 whether incorporated or not, which is in the business of | |
| 434 | + | 10 health care delivery or management and that represents 20 or | |
| 435 | + | 11 more health care providers in contracting with health carriers | |
| 436 | + | 12 or third-party administrators for the payment of health care | |
| 437 | + | 13 services. "Provider organization" includes physician | |
| 438 | + | 14 organizations, physician-hospital organizations, independent | |
| 439 | + | 15 practice associations, provider networks, and accountable care | |
| 440 | + | 16 organizations. | |
| 441 | + | 17 "Third-party administrator" means an entity that | |
| 442 | + | 18 administers payments for health care services on behalf of a | |
| 443 | + | 19 client in exchange for an administrative fee. | |
| 444 | + | 20 (b) Health care facilities or provider organizations that | |
| 445 | + | 21 are party to a covered transaction shall provide notice of | |
| 446 | + | 22 such transaction to the Attorney General no later than 30 days | |
| 447 | + | 23 prior to the transaction closing or effective date of the | |
| 448 | + | 24 transaction. | |
| 449 | + | 25 Covered transactions between an Illinois health care | |
| 450 | + | 26 entity and an out-of-state health care entity must provide | |
| 451 | + | ||
| 452 | + | ||
| 453 | + | ||
| 454 | + | ||
| 455 | + | ||
| 456 | + | HB2222 Enrolled - 13 - LRB103 30580 LNS 57017 b | |
| 457 | + | ||
| 458 | + | ||
| 459 | + | HB2222 Enrolled- 14 -LRB103 30580 LNS 57017 b HB2222 Enrolled - 14 - LRB103 30580 LNS 57017 b | |
| 460 | + | HB2222 Enrolled - 14 - LRB103 30580 LNS 57017 b | |
| 461 | + | 1 notice under this subsection where the out-of-state entity | |
| 462 | + | 2 generates $10,000,000 or more in annual revenue from patients | |
| 463 | + | 3 residing in this State. | |
| 464 | + | 4 (c) The written notice provided by the parties under | |
| 465 | + | 5 subsection (b) shall be provided as follows: | |
| 466 | + | 6 (1) For any health care facility or provider | |
| 467 | + | 7 organization that is a party to a covered transaction and | |
| 468 | + | 8 files a premerger notification with the Federal Trade | |
| 469 | + | 9 Commission or the United States Department of Justice, in | |
| 470 | + | 10 compliance with the Hart-Scott-Rodino Antitrust | |
| 471 | + | 11 Improvements Act of 1976, 15 U.S.C. 18a, the notice | |
| 472 | + | 12 requirement is satisfied by providing a copy of such | |
| 473 | + | 13 filing to the Attorney General at the same time as it is | |
| 474 | + | 14 provided to the federal government. | |
| 475 | + | 15 (2) For any health care facility that is a party to a | |
| 476 | + | 16 covered transaction that is not described in paragraph | |
| 477 | + | 17 (1), the notice requirement is satisfied when the | |
| 478 | + | 18 healthcare facility files an application for a change of | |
| 479 | + | 19 ownership with the Health Facilities and Services Review | |
| 480 | + | 20 Board, in compliance with the Illinois Health Facilities | |
| 481 | + | 21 Planning Act. The Health Facilities and Services Review | |
| 482 | + | 22 Board shall provide a copy of such filing to the Attorney | |
| 483 | + | 23 General at the same time as it is provided to the | |
| 484 | + | 24 applicable State legislators under subsection (a) of | |
| 485 | + | 25 Section 8.5 of the Illinois Health Facilities Planning | |
| 486 | + | 26 Act. | |
| 487 | + | ||
| 488 | + | ||
| 489 | + | ||
| 490 | + | ||
| 491 | + | ||
| 492 | + | HB2222 Enrolled - 14 - LRB103 30580 LNS 57017 b | |
| 493 | + | ||
| 494 | + | ||
| 495 | + | HB2222 Enrolled- 15 -LRB103 30580 LNS 57017 b HB2222 Enrolled - 15 - LRB103 30580 LNS 57017 b | |
| 496 | + | HB2222 Enrolled - 15 - LRB103 30580 LNS 57017 b | |
| 497 | + | 1 (3) For any health care facility or provider | |
| 498 | + | 2 organization that is a party to a covered transaction that | |
| 499 | + | 3 is not described in paragraph (1) or (2), written notice | |
| 500 | + | 4 provided by the parties must include: | |
| 501 | + | 5 (A) the names of the parties and their current | |
| 502 | + | 6 business address; | |
| 503 | + | 7 (B) identification of all locations where health | |
| 504 | + | 8 care services are currently provided by each party; | |
| 505 | + | 9 (C) a brief description of the nature and purpose | |
| 506 | + | 10 of the proposed transaction; and | |
| 507 | + | 11 (D) the anticipated effective date of the proposed | |
| 508 | + | 12 transaction. | |
| 509 | + | 13 Nothing in this subsection prohibits the parties to a | |
| 510 | + | 14 covered transaction from voluntarily providing additional | |
| 511 | + | 15 information to the Attorney General. | |
| 512 | + | 16 (d) The Attorney General may make any requests for | |
| 513 | + | 17 additional information from the parties that is relevant to | |
| 514 | + | 18 its investigation of the covered transaction within 30 days of | |
| 515 | + | 19 the date notice is received under subsections (b) and (c). If | |
| 516 | + | 20 the Attorney General requests additional information, the | |
| 517 | + | 21 covered transaction may not proceed until 30 days after the | |
| 518 | + | 22 parties have substantially complied with the request. Any | |
| 519 | + | 23 subsequent request for additional information by the Attorney | |
| 520 | + | 24 General shall not further delay the covered transaction from | |
| 521 | + | 25 proceeding. Nothing in this Section precludes the Attorney | |
| 522 | + | 26 General from conducting an investigation or enforcing State or | |
| 523 | + | ||
| 524 | + | ||
| 525 | + | ||
| 526 | + | ||
| 527 | + | ||
| 528 | + | HB2222 Enrolled - 15 - LRB103 30580 LNS 57017 b | |
| 529 | + | ||
| 530 | + | ||
| 531 | + | HB2222 Enrolled- 16 -LRB103 30580 LNS 57017 b HB2222 Enrolled - 16 - LRB103 30580 LNS 57017 b | |
| 532 | + | HB2222 Enrolled - 16 - LRB103 30580 LNS 57017 b | |
| 533 | + | 1 federal antitrust laws at a later date. | |
| 534 | + | 2 (e) Any health care facility or provider organization that | |
| 535 | + | 3 fails to comply with any provision of this Section is subject | |
| 536 | + | 4 to a civil penalty of not more than $500 per day for each day | |
| 537 | + | 5 during which the health care facility or provider organization | |
| 538 | + | 6 is in violation of this Section. | |
| 539 | + | 7 Whenever the Attorney General has reason to believe that a | |
| 540 | + | 8 health care facility or provider organization has engaged in | |
| 541 | + | 9 or is engaging in a covered transaction without complying with | |
| 542 | + | 10 the provisions of this Section, the Attorney General may apply | |
| 543 | + | 11 for and obtain, in an action in the Circuit Court of Sangamon | |
| 544 | + | 12 or Cook County, a temporary restraining order or injunction, | |
| 545 | + | 13 or both, prohibiting the health care facility or provider | |
| 546 | + | 14 organization from continuing its noncompliance or doing any | |
| 547 | + | 15 act in furtherance thereof. The court may make such further | |
| 548 | + | 16 orders or judgments, at law or in equity, as may be necessary | |
| 549 | + | 17 to remedy such noncompliance. | |
| 550 | + | 18 Before bringing such an action or seeking to recover a | |
| 551 | + | 19 civil penalty, the Attorney General shall permit the health | |
| 552 | + | 20 care facility or provider organization to come into compliance | |
| 553 | + | 21 with this Section within 10 days of being notified of its | |
| 554 | + | 22 alleged noncompliance. The right to cure noncompliance does | |
| 555 | + | 23 not exist on or after the covered transaction's proposed or | |
| 556 | + | 24 actual closing date of the covered transaction, whichever is | |
| 557 | + | 25 sooner. | |
| 558 | + | 26 (f) This Section is repealed on January 1, 2027. | |
| 559 | + | ||
| 560 | + | ||
| 561 | + | ||
| 562 | + | ||
| 563 | + | ||
| 564 | + | HB2222 Enrolled - 16 - LRB103 30580 LNS 57017 b | |
| 565 | + | ||
| 566 | + | ||
| 567 | + | HB2222 Enrolled- 17 -LRB103 30580 LNS 57017 b HB2222 Enrolled - 17 - LRB103 30580 LNS 57017 b | |
| 568 | + | HB2222 Enrolled - 17 - LRB103 30580 LNS 57017 b | |
| 569 | + | 1 (740 ILCS 10/13 new) | |
| 570 | + | 2 Sec. 13. Antitrust Enforcement Fund. Any penalties | |
| 571 | + | 3 collected from an entity for violations of this Act shall be | |
| 572 | + | 4 deposited into the Antitrust Enforcement Fund, a special fund | |
| 573 | + | 5 created in the State treasury that is dedicated to enforcing | |
| 574 | + | 6 this Act. | |
| 575 | + | 7 This Section is repealed on January 1, 2027. | |
| 576 | + | 8 Section 99. Effective date. This Act takes effect January | |
| 577 | + | 9 1, 2024. | |
| 578 | + | ||
| 579 | + | ||
| 580 | + | ||
| 581 | + | ||
| 582 | + | ||
| 583 | + | HB2222 Enrolled - 17 - LRB103 30580 LNS 57017 b |