The Illinois legislature recently passed House Bill 2222, antitrust legislation that requires advanced notification for "covered transactions" between healthcare facilities and provider entities, according to an Aug. 10 report from JDSupra.
If Illinois' governor signs the legislation, it will go into effect on Jan. 1, 2024. The bill defines covered transactions as "any merger, acquisition, or contracting affiliation between two or more healthcare facilities or provider organizations not previously under common ownership or contracting affiliations."
It would apply to all healthcare facilities, including ASCs and kidney treatment centers.
The bill would require notice to the attorney general no later than 30 days prior to a covered transaction's closing date. If the transaction is between an Illinois facility and an out-of-state facility, notice is required if the out-of-state facility generates more than $10 million in annual revenue from patients in Illinois.
Failing to provide proper notice will subject healthcare facilities to a civil penalty of up to $500 a day, according to the report.