State Healthcare Transaction Notification Laws


Illinois Antitrust Act: 740 ILCS 10/7.2a

Current Status: Effective since January 1, 2024.

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Key Takeaways

  • Requires parties to provide notice to the Illinois Attorney General (“IL AG”) for transactions involving certain health care facilities and provider organization group practices. 
  • The parties must provide 30 days notice before closing to the IL AG. 
  • The statute provides time for the IL AG to review transactions, but does not grant any additional powers to block or modify transactions beyond existing Illinois antitrust laws.

Applies to certain types of “health care facilities”, which include:

  • Hospitals;
  • Ambulatory surgical centers; and
  • Kidney disease treatment centers.

Also applies to provider organizations with 20 or more physicians, which include:

  • Physician organizations;
  • Physician-hospital organizations;
  • Independent practice associations;
  • Provider networks; and
  • Accountable care organizations.

Parties must provide notice for any merger, acquisition, or contracting affiliation between 2 or more health care facilities or provider organizations not previously under common ownership or contracting affiliation.

There are no specific revenue thresholds required under the statute, except that the statute only applies to out-of-state entities with at least $10 million in annual revenue from Illinois residents.

Parties must provide notice to the IL AG at least 30 days before closing.

The IL AG may issue additional requests for information with 30 days of receiving notice, and the parties may not close the transaction until 30 days after complying with the request. 

The form of the notice depends on whether the parties are required to make certain other filings in connections with the transaction. Three forms of notice are possible, including:

  1. If the parties make a HSR filing for the same covered transactions, the parties can satisfy the notification requirements by submitting a copy of the HSR filing.
  2. Similarly, the parties may satisfy the notification requirement if they also file an application for a change of ownership with the Health Facilities and Services Review Board.
  3. Parties making neither of these filings must provide the following limited information to the IL AG, including:
    • The names and addresses of the parties;
    • List of locations where the parties provide health care services;
    • A brief description of the nature and purpose of the transaction; and
    • The anticipated effective date of the transaction.

All materials provided to the IL AG will be kept confidential.

Parties that fail to comply with the regulation may be subject to fines of $500 per day. The IL AG is also authorized to seek court orders to require compliance.   

This informational piece, which may be considered advertising under the ethical rules of certain jurisdictions, is provided on the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin or its lawyers. Prior results do not guarantee a similar outcome.