Illinois Compiled Statutes
20 ILCS 3960/2 (2026)
Purpose of the Act
✓ current as of May 2026
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(20 ILCS 3960/2)
(from Ch. 111 1/2, par. 1152)
(Section scheduled to be repealed on December 31, 2029)
Sec. 2. Purpose of the Act. This Act shall establish a procedure (1) which requires a person
establishing, constructing or modifying a health care facility, as
herein defined, to have the qualifications, background, character and
financial resources to adequately provide a proper service for the
community; (2) that promotes the orderly and
economic development of health care facilities in the State of Illinois
that avoids unnecessary duplication of such facilities; and (3) that
promotes planning for and development of health care facilities needed
for comprehensive health care especially in areas where the health
planning process has identified unmet needs.
The changes made to this Act by this amendatory Act of the 96th General Assembly are intended to accomplish the following objectives: to improve the financial ability of the public to obtain necessary health services; to establish an orderly and comprehensive health care delivery system that will guarantee the availability of quality health care to the general public; to maintain and improve the provision of essential health care services and increase the accessibility of those services to the medically underserved and indigent; to assure that the reduction and closure of health care services or facilities is performed in an orderly and timely manner, and that these actions are deemed to be in the best interests of the public; and to assess the financial burden to patients caused by unnecessary health care construction and modification. Evidence-based assessments, projections and decisions will be applied regarding capacity, quality, value and equity in the delivery of health care services in Illinois. The integrity of the Certificate of Need process is ensured through revised ethics and communications procedures. Cost containment and support for safety net services must continue to be central tenets of the Certificate of Need process. (Source: P.A. 99-527, eff. 1-1-17.)
Notes of Decisions
Cited in 16
cases, 1995–2016 · leading case: Am. Fed'n of State, Cnty. & Mun. Employees, Council 31 v. Ryan, 807 N.E.2d 1235 (Ill. App. Ct. 2004).
Am. Fed'n of State, Cnty. & Mun. Employees, Council 31 v. Ryan, 807 N.E.2d 1235 (Ill. App. Ct. 2004). “) 20 ILCS 3960/2 (West 2002). Thus, we must conclude that AFSCME and Rives do not belong to a class for whose particular benefit the Planning Act was enacted.”
Cathedral Rock of Granite City, Inc. v. Illinois Health Facilities Plan. Bd., 720 N.E.2d 1113 (Ill. App. Ct. 1999). “” 20 ILCS 3960/2 (West 1998). In furtherance of this purpose, section 4 of the Planning Act provides for the creation of the Board and governs its duties and functions.”
Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd., 777 N.E.2d 924 (Ill. 2002). “20 ILCS 3960/2 (West 1998). See also L. Wolf-son, State Regulation of Health Facility Planning: The Economic Theory and Political Realities of Certificates of Need, 4 DePaul J.”
Springwood Assocs. v. Health Facilities Plan. Bd., 646 N.E.2d 1374 (Ill. App. Ct. 1995). “) Applications for a permit or exemption are to be made on forms provided by the Board and are to contain such information as the Board deems necessary.”
Provena Health v. Illinois Health Facilities Plan. Bd., 886 N.E.2d 1054 (Ill. App. Ct. 2008). “The Board has the power to prescribe rules and regulations to carry out the purpose of the Act and to develop criteria and standards for health care facilities planning.”
Am. Fed'n of State, Cnty., & Mun. Employees, Council 31 v. Ryan, 332 Ill. App. 3d 866 (Ill. App. Ct. 2002). “" 20 ILCS 3960/2 (West 2000). In furtherance of this purpose, section 4 of the Planning Act (20 ILCS 3960/4 (West 2000)) creates the Planning Board and governs its duties and functions.”
Am. Fed. of State, Cnty. v. Ryan, 773 N.E.2d 739 (Ill. App. Ct. 2002). “" 20 ILCS 3960/2 (West 2000). In furtherance of this purpose, section 4 of the Planning Act (20 ILCS 3960/4 (West 2000)) creates the Planning Board and governs its duties and functions.”
Mercy Crystal Lake Hosp. & Med. Ctr. v. Illinois Health Facilities & Serv. Review Bd., 2016 IL App (3d) 130947 (Ill. App. Ct. 2016). “" 20 ILCS 3960/2 (West 2010). 4 Adm. Code § 1120 (2010) (amended at 34 Ill.”
Dimensions Med. Ctr., Ltd. v. Advanced Ambulatory Surgical Ctr., Inc., 712 N.E.2d 880 (Ill. App. Ct. 1999). “20 ILCS 3960/2 (West 1996). To that end, the Act created the Board, consisting of 15 members appointed by the Governor.”
Dimensions Med. Ctr., Ltd. v. Elmhurst Outpatient Surgery Ctr., L.L.C., 718 N.E.2d 249 (Ill. App. Ct. 1999). “The Department must allow members of the public to appear at a public hearing and provide their views. Further, that testimony becomes part of the administrative record to be considered by the Board in granting or denying the permit.”
Mercy Crystal Lake Hosp. & Med. Ctr. v. Illinois Health Facilities & Serv. Review Bd., 2016 IL App (3d) 130947 (Ill. App. Ct. 2016). “" 20 ILCS 3960/2 (West 2010). 4 Adm. Code § 1120 (2010) (amended at 34 Ill.”
Am. Fed'n of State, Cnty. & Mun. Employees v. Ryan (Ill. App. Ct. 2004). “) 20 ILCS 3960/2 (West 2002). Thus, we must conclude that AFSCME and Rives do not belong to a class for whose particular benefit the Planning Act was enacted.”
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