1. a) A health care worker may invest in and refer to an entity if the State Board determines a demonstrated community need exists and alternative financing is not, or was not, available.

2. b) The health care worker must document that:

   1. 1) individuals who are not in a position to refer patients to an entity are or were given a bona fide opportunity to also invest in the entity on the same terms as those offered a referring health care worker [225 ILCS 47/20(b)(1)]; and
   2. 2) the investment was not forthcoming.
3. c) Documentation shall consist of copies of all information that supports this position.

(Source: Amended at 41 Ill. Reg. 15310, effective December 5, 2017)