Bill Text: IL HB5000 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Illinois Health Care Facilities Planning Act. Repeals the January 1, 2027 inoperative date affecting a change of ownership among related persons. Amends the Illinois Antitrust Act. Repeals the January 1, 2027 inoperative date affecting notice provisions to the Attorney General before a health care merger or affiliation. Amends provisions requiring health care entities to notify the Attorney General within 30 days before a merger or affiliation to include a "covered transaction" even if the parties to the transaction are not themselves a health care facility or provider organization but own or control, directly or indirectly, one or more of the 2 or more health care facilities or provider organizations that will be under common ownership or contracting affiliation if the transaction is consummated, including if parties to the covered transaction are private equity companies. Defines "private equity company" to mean any company or partnership that collects capital investments from individuals or entities and purchases, as a parent company, at any level of corporate ownership, or through another entity or entities so that the company completely or partially owns or controls, a direct or indirect ownership share of an Illinois health care entity or an out-of-state health care entity that generates $10,000,000 or more in annual revenue from patients residing in this State. Changes notice provisions. Defines terms.

Sponsorship: Partisan Bill (Democrat 6)

Status: (Enrolled) 2026-06-26 - Sent to the Governor [HB5000 Detail]

Download: Illinois-2025-HB5000-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Health Facilities Planning Act is
amended by changing Section 8.5 as follows:
(20 ILCS 3960/8.5)
(Section scheduled to be repealed on December 31, 2029)
Sec. 8.5. Certificate of exemption for change of ownership
of a health care facility; discontinuation of a category of
service; public notice and public hearing.
(a) Upon a finding that an application for a change of
ownership is complete, the State 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. If the
application is for a facility located in a Metropolitan
Statistical Area, an additional legal notice shall be
published in a newspaper of limited circulation, if one
exists, in the area in which the facility is located. If the
newspaper of limited circulation is published on a daily
basis, the additional legal notice shall be published on 3
consecutive days. The applicant shall pay the cost incurred by
the Board in publishing the change of ownership notice in

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newspapers as required under this subsection. The legal notice
shall also be posted on the Health Facilities and Services
Review Board's web site and sent to the State Representative
and State Senator of the district in which the health care
facility is located and to the Office of the Attorney General.
An application for change of ownership of a hospital shall not
be deemed complete without a signed certification that for a
period of 2 years after the change of ownership transaction is
effective, the hospital will not adopt a charity care policy
that is more restrictive than the policy in effect during the
year prior to the transaction. An application for a change of
ownership need not contain signed transaction documents so
long as it includes the following key terms of the
transaction: names and background of the parties; structure of
the transaction; the person who will be the licensed or
certified entity after the transaction; the ownership or
membership interests in such licensed or certified entity both
prior to and after the transaction; fair market value of
assets to be transferred; and the purchase price or other form
of consideration to be provided for those assets. The issuance
of the certificate of exemption shall be contingent upon the
applicant submitting a statement to the Board within 90 days
after the closing date of the transaction, or such longer
period as provided by the Board, certifying that the change of
ownership has been completed in accordance with the key terms
contained in the application. If such key terms of the

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transaction change, a new application shall be required.
Where a change of ownership is among related persons, and
there are no other changes being proposed at the health care
facility that would otherwise require a permit or exemption
under this Act, the applicant shall submit an application
consisting of a standard notice in a form set forth by the
Board briefly explaining the reasons for the proposed change
of ownership. Once such an application is submitted to the
Board and reviewed by the Board staff, the Board Chair shall
take action on an application for an exemption for a change of
ownership among related persons within 45 days after the
application has been deemed complete, provided the application
meets the applicable standards under this Section. If the
Board Chair has a conflict of interest or for other good cause,
the Chair may request review by the Board. Notwithstanding any
other provision of this Act, for purposes of this Section, a
change of ownership among related persons means a transaction
where the parties to the transaction are under common control
or ownership before and after the transaction is completed.
Nothing in this Act shall be construed as authorizing the
Board to impose any conditions, obligations, or limitations,
other than those required by this Section, with respect to the
issuance of an exemption for a change of ownership, including,
but not limited to, the time period before which a subsequent
change of ownership of the health care facility could be
sought, or the commitment to continue to offer for a specified

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time period any services currently offered by the health care
facility.
The changes made by this amendatory Act of the 103rd
General Assembly are inoperative on and after January 1, 2027.
(a-3) (Blank).
(a-5) Upon a finding that an application to discontinue a
category of service is complete and provides the requested
information, as specified by the State Board, an exemption
shall be issued. No later than 30 days after the issuance of
the exemption, the health care facility must give written
notice of the discontinuation of the category of service to
the State Senator and State Representative serving the
legislative district in which the health care facility is
located. No later than 90 days after a discontinuation of a
category of service, the applicant must submit a statement to
the State Board certifying that the discontinuation is
complete.
(b) If a public hearing is requested, it shall be held at
least 15 days but no more than 30 days after the date of
publication of the legal notice in the community in which the
facility is located. The hearing shall be held in the affected
area or community in a place of reasonable size and
accessibility and a full and complete written transcript of
the proceedings shall be made. All interested persons
attending the hearing shall be given a reasonable opportunity
to present their positions in writing or orally. The applicant

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shall provide a summary or describe the proposed change of
ownership at the public hearing.
(c) For the purposes of this Section "newspaper of limited
circulation" means a newspaper intended to serve a particular
or defined population of a specific geographic area within a
Metropolitan Statistical Area such as a municipality, town,
village, township, or community area, but does not include
publications of professional and trade associations.
(d) The changes made to this Section by this amendatory
Act of the 101st General Assembly shall apply to all
applications submitted after the effective date of this
amendatory Act of the 101st General Assembly.
(Source: P.A. 103-526, eff. 1-1-24.)
Section 7. The State Finance Act is amended by changing
Section 5.1007 as follows:
(30 ILCS 105/5.1007)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5.1007. The Antitrust Enforcement Fund. This Section
is repealed on January 1, 2027.
(Source: P.A. 103-526, eff. 1-1-24; 103-605, eff. 7-1-24.)
Section 10. The Illinois Antitrust Act is amended by
changing Sections 7.2a and 13 as follows:

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(740 ILCS 10/7.2a)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7.2a. Notification to the Attorney General.
(a) As used in this Section:
"Acquisition" means an agreement, arrangement, or activity
the consummation of which results in a person acquiring
directly or indirectly the control of another person.
"Acquisition" includes the acquisition of voting securities
and noncorporate interests, such as assets, capital stock,
membership interests, or equity interests.
"Contracting affiliation" means the formation of a
relationship between 2 or more entities that permits the
entities to negotiate jointly with health carriers or
third-party administrators over rates for professional medical
services, or for one entity to negotiate on behalf of the other
entity with health carriers or third-party administrators over
rates for professional medical services. "Contracting
affiliation" does not include arrangements among entities
under common ownership.
"Covered transaction" means any merger, acquisition, or
contracting affiliation involving between 2 or more health
care facilities, or provider organizations not previously
under common ownership or contracting affiliation. A
transaction is a "covered transaction" subject to the notice
requirements even if the parties to the transaction are not
themselves a health care facility or provider organization but

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own or control, directly or indirectly, one or more of the 2 or
more health care facilities or provider organizations that
will be under common ownership or contracting affiliation if
the transaction is consummated, including if parties to the
covered transaction are private equity companies.
"Health care facility" means the following facilities,
organizations, and related persons:
(1) An ambulatory surgical treatment center required
to be licensed under the Ambulatory Surgical Treatment
Center Act.
(2) An institution, place, building, or agency
required to be licensed under the Hospital Licensing Act.
(3) A hospital, ambulatory surgical treatment center,
or kidney disease treatment center maintained by the State
or any department or agency thereof.
(4) A kidney disease treatment center, including a
free-standing hemodialysis unit required to meet the
requirements of 42 CFR 494 in order to be certified for
participation in Medicare and Medicaid under Titles XVIII
and XIX of the federal Social Security Act of 1935.
(5) An institution, place, building, or room used for
the performance of outpatient surgical procedures that is
leased, owned, or operated by or on behalf of an
out-of-state facility.
(6) An institution, place, building, or room used for
provision of a health care category of service, as defined

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under the Illinois Health Facilities Planning Act,
including, but not limited to, cardiac catheterization and
open heart surgery.
With the exception of those health care facilities
specifically included in this Section, nothing in this Section
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his or her individual
capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical
or professional group. Further, this Section shall not apply
to physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his or her individual
capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical
or professional groups, unless the entity constructs,
modifies, or establishes a health care facility as
specifically defined in this Section.
"Health care provider" means an individual or entity duly
licensed or legally authorized to provide health care
services.
"Health care services" means health care services or
products rendered or sold by a health care provider within the

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scope of the health care provider's license or legal
authorization. The term includes, but is not limited to,
hospital, medical, surgical, dental, vision, and
pharmaceutical services or products.
"Health care services revenue" means the total revenue
received for health care services in the previous 12 months.
"Health carriers" has the meaning given to that term in
Section 10 of the Health Carrier External Review Act.
"Illinois health care entity" means a health care facility
or provider organization that has an office in or is doing
business in this State.
"Merger" means the consolidation of 2 or more
organizations, including 2 or more organizations joining
through a common parent organization or 2 or more
organizations forming a new organization, but does not include
a corporate reorganization.
"Out-of-state health care entity" means a health care
facility or provider organization that is not headquartered in
this State and does not do business in this State.
"Private equity company" means any company or partnership
that collects capital investments from individuals or entities
and purchases, as a parent company, at any level of corporate
ownership, or through another entity or entities so that the
company completely or partially owns or controls a direct or
indirect ownership share of an Illinois health care entity or
an out-of-state health care entity that generates $10,000,000

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or more in annual revenue from patients residing in this
State.
"Provider organization" means a corporation, partnership,
business trust, association, or organized group of persons,
whether incorporated or not, which is in the business of
health care delivery or management and that represents 20 or
more health care providers in contracting with health carriers
or third-party administrators for the payment of health care
services. "Provider organization" includes physician
organizations, physician-hospital organizations, independent
practice associations, provider networks, and accountable care
organizations.
"Third-party administrator" means an entity that
administers payments for health care services on behalf of a
client in exchange for an administrative fee.
(b) Notice of Health care facilities or provider
organizations that are party to a covered transaction shall be
provided provide notice of such transaction to the Attorney
General no later than 30 days prior to the transaction closing
or effective date of the transaction.
Notice of a covered transaction Covered transactions
between an Illinois health care entity and an out-of-state
health care entity shall be provided must provide notice under
this subsection where the out-of-state entity generates
$10,000,000 or more in annual revenue from patients residing
in this State.

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(c) The written notice provided by the parties under
subsection (b) shall be provided as follows:
(1) For any health care facility or provider
organization that is a party to a covered transaction that
is the subject of and files a premerger notification
filing with the Federal Trade Commission or the United
States Department of Justice, in compliance with the
Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15
U.S.C. 18a, the notice requirement is satisfied by
providing a copy of such filing with all attachments to
the Attorney General at the same time as it is provided to
the federal government.
(2) For any health care facility involved in that is a
party to a covered transaction that is not described in
paragraph (1), the notice requirement is satisfied when
the healthcare facility files an application for a change
of ownership with the Health Facilities and Services
Review Board, in compliance with the Illinois Health
Facilities Planning Act. The Health Facilities and
Services Review Board shall provide a copy of such filing
to the Attorney General at the same time as it is provided
to the applicable State legislators under subsection (a)
of Section 8.5 of the Illinois Health Facilities Planning
Act.
(3) For any health care facility, or provider
organization, or any entity that owns or controls,

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directly or indirectly, a health care facility or provider
organization that is involved in organization that is a
party to a covered transaction that is not described in
paragraph (1) or (2), written notice provided by the
parties must include:
(A) the names of all health care facilities,
provider organizations involved in the covered
transaction and parties and their current business
addresses address;
(B) identification of all locations where health
care services are currently provided by each entity
disclosed in subparagraph (A) party;
(C) a brief description of the nature and purpose
of the proposed transaction; and
(D) the anticipated effective date of the proposed
transaction.
Nothing in this subsection prohibits any entity the
parties to a covered transaction from voluntarily providing
additional information to the Attorney General.
(d) The Attorney General may make any requests for
additional information from the filing parties that is
relevant to its investigation of the covered transaction
within 30 days of the date notice is received under
subsections (b) and (c). If the Attorney General requests
additional information, the covered transaction may not
proceed until 30 days after the filing parties have

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substantially complied with the request. Any subsequent
request for additional information by the Attorney General
shall not further delay the covered transaction from
proceeding. Nothing in this Section precludes the Attorney
General from conducting an investigation or enforcing State or
federal antitrust laws at a later date.
(e) Any party to a covered transaction that health care
facility or provider organization that fails to comply with
any provision of this Section is subject to a civil penalty of
not more than $500 per day for each day during which the party
health care facility or provider organization is in violation
of this Section.
Whenever the Attorney General has reason to believe that a
party to a covered transaction health care facility or
provider organization has engaged in or is engaging in a
covered transaction without complying with the provisions of
this Section, the Attorney General may apply for and obtain,
in an action in the Circuit Court of Sangamon or Cook County, a
temporary restraining order or injunction, or both,
prohibiting the party health care facility or provider
organization from continuing its noncompliance or doing any
act in furtherance thereof. The court may make such further
orders or judgments, at law or in equity, as may be necessary
to remedy such noncompliance.
Before bringing such an action or seeking to recover a
civil penalty, the Attorney General shall permit the party to

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the covered transaction health care facility or provider
organization to come into compliance with this Section within
10 days of being notified of its alleged noncompliance. The
right to cure noncompliance does not exist on or after the
covered transaction's proposed or actual closing date of the
covered transaction, whichever is sooner.
(f) (Blank). This Section is repealed on January 1, 2027.
(Source: P.A. 103-526, eff. 1-1-24.)
(740 ILCS 10/13)
(Section scheduled to be repealed on January 1, 2027)
Sec. 13. Antitrust Enforcement Fund. Any penalties
collected from an entity for violations of this Act shall be
deposited into the Antitrust Enforcement Fund, a special fund
created in the State treasury that is dedicated to enforcing
this Act.
This Section is repealed on January 1, 2027.
(Source: P.A. 103-526, eff. 1-1-24.)