77 Ill. Adm. Code 1235.210
Community Need
Section 1235
Section 1235.210 Community
Need
a) A health care worker may invest in, and refer to, an entity if
the State Board determines that:
1) in a referral arrangement, alternative financing does not
exist; and
2) a demonstrated need for the service is present in the
community.
b) The health care worker must document any of the following to
demonstrate community need:
1) there is no other entity within the community that provides
the medical service proposed;
2) if the health service currently exists within the community,
the use of these facilities can be shown to be a hardship for patients due to
factors such as excessive (over 45 minutes) travel time to obtain service,
existing admission or treatment policies of other entities that restrict the
availability of the service, or perceived quality concerns by the general
public involving existing providers that restrict the use of the services; or
3)
the entity is formed to own or lease medical equipment
that
will
replace obsolete or otherwise inadequate equipment
that is
in or
under the control of a hospital located in a federally designated health
manpower shortage area
[225 ILCS 47/20(b)(3)] as documented by:
A) excessive downtime and high maintenance costs; or
B) the equipment representing an advancement in technology that
will make available medical procedures not possible on existing equipment.