Home Health Law Illinois Passes Laws Requiring Legal professional Common Discover of Sure Well being Care Transactions

Illinois Passes Laws Requiring Legal professional Common Discover of Sure Well being Care Transactions

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Illinois Passes Laws Requiring Legal professional Common Discover of Sure Well being Care Transactions

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The Illinois legislature not too long ago handed new antitrust laws (“HB2222”) that can require advance discover to the Legal professional Common for well being care amenities and well being care supplier entities participating in sure coated transactions. If signed by the Governor, the brand new laws will go into impact January 1, 2024. 

HB2222 would offer the Legal professional Common with discover of all materials well being care facility transactions in Illinois, so-called “coated transactions”. A coated transaction, as outlined in HB2222, is any merger, acquisition, or contracting affiliation between two or extra well being care amenities domiciled in Illinois not beforehand below widespread possession or contracting affiliation. A coated transaction would additionally embody any of the above between an Illinois well being care facility and an out-of-state well being care facility that generates $10,000,000 or extra in annual income from Illinois sufferers. Well being care amenities which can be celebration to a coated transaction could be required to offer discover of a coated transaction to the Legal professional Common a minimum of thirty days previous to the transaction closing or efficient date. The Legal professional Common might request extra info, and if that’s the case the transaction might not proceed till 30 days after the events have complied with mentioned request.

HB2222 is meant to complement the federal Hart-Scott-Rodino Antitrust Enhancements Act of 1976 (15 USC 18a) (“Hart-Scott-Rodino Act”) by requiring discover of transactions that aren’t reportable below the thresholds set by the Hart-Scott-Rodino Act, as a result of in contrast to the Hart-Scott-Rodino Act, there aren’t any minimal transaction worth thresholds below HB2222. Moreover, HB2222 would require well being care amenities and supplier entities to offer a replica of any filings made pursuant to the Hart-Scott-Rodino Act to the Legal professional Common, which can fulfill the discover necessities inside HB2222.  

Failure to adjust to any provision of HB2222 will depart events to the transaction topic to a civil penalty as much as $500 per day for every day the celebration stays in violation of the laws. Additional, the Legal professional Common might apply for a brief restraining order or injunction to ban the well being care facility from continued noncompliance with HB2222. 

Given the breadth of this new invoice, coupled with the potential dangers of non-compliance, well being care amenities and supplier entities have to be aware of its notification necessities when coming into right into a coated transaction. 

Jennifer Pike and Catherine Feorene are members of Thompson Coburn’s Well being Legislation Follow Group.

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