98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2588

 

Introduced 5/30/2013, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 5/5-20  was 20 ILCS 5/4
20 ILCS 5/5-165 rep.
20 ILCS 5/5-395 rep.
20 ILCS 2205/2205-20 new
20 ILCS 2205/2205-25 new
305 ILCS 5/12-1  from Ch. 23, par. 12-1

    Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois. Creates the Illinois Healthcare and Family Services Board. Provides qualifications for the members of the Board, to be appointed by the Governor with the advice and consent of the Senate. Provides that the Board shall hire the Director of Healthcare and Family Services, and that the Board in its discretion may hire an Assistant Director of Healthcare and Family Services. Provides that the Board shall set the duties of the Director and the Assistant Director, including measureable performance standards based on providing statewide access to healthcare and family services and full implementation of the SMART Act (P.A. 97-689). Provides that the Department of Healthcare and Family Services as directed by the Board shall conduct an annual statewide survey of access to healthcare and family services, tracking the changes in access to healthcare and family services with a particular focus on underserved populations and areas within the State. Amends the Public Aid Code. Provides that the terms of office of the Director and Assistant Director of Healthcare and Family Services serving on the effective date of this amendatory Act of the 98th General Assembly shall end on March 1, 2014. Makes conforming changes. Amends the General Provisions and Departments of State Government Law of the Civil Administrative Code of Illinois. Makes conforming changes. Effective immediately.


LRB098 12363 JWD 46691 b

 

 

A BILL FOR

 

SB2588LRB098 12363 JWD 46691 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Section 5-20 as follows:
 
6    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
7    Sec. 5-20. Heads of departments. Each department shall have
8an officer as its head who shall be known as director or
9secretary and who shall, subject to the provisions of the Civil
10Administrative Code of Illinois, execute the powers and
11discharge the duties vested by law in his or her respective
12department.
13    The following officers are hereby created:
14    Director of Aging, for the Department on Aging.
15    Director of Agriculture, for the Department of
16Agriculture.
17    Director of Central Management Services, for the
18Department of Central Management Services.
19    Director of Children and Family Services, for the
20Department of Children and Family Services.
21    Director of Commerce and Economic Opportunity, for the
22Department of Commerce and Economic Opportunity.
23    Director of Corrections, for the Department of

 

 

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1Corrections.
2    Director of the Illinois Emergency Management Agency, for
3the Illinois Emergency Management Agency.
4    Director of Employment Security, for the Department of
5Employment Security.
6    Secretary of Financial and Professional Regulation, for
7the Department of Financial and Professional Regulation.
8    Director of Healthcare and Family Services, for the
9Department of Healthcare and Family Services.
10    Director of Human Rights, for the Department of Human
11Rights.
12    Secretary of Human Services, for the Department of Human
13Services.
14    Director of Juvenile Justice, for the Department of
15Juvenile Justice.
16    Director of Labor, for the Department of Labor.
17    Director of Natural Resources, for the Department of
18Natural Resources.
19    Director of Public Health, for the Department of Public
20Health.
21    Director of Revenue, for the Department of Revenue.
22    Director of State Police, for the Department of State
23Police.
24    Secretary of Transportation, for the Department of
25Transportation.
26    Director of Veterans' Affairs, for the Department of

 

 

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1Veterans' Affairs.
2(Source: P.A. 96-328, eff. 8-11-09; 97-464, eff. 10-15-11;
397-618, eff. 10-26-11; 97-813, eff. 7-13-12.)
 
4    (20 ILCS 5/5-165 rep.)
5    (20 ILCS 5/5-395 rep.)
6    Section 10. The Civil Administrative Code of Illinois is
7amended by repealing Sections 5-165 and 5-395.
 
8    Section 15. The Department of Healthcare and Family
9Services Law of the Civil Administrative Code of Illinois is
10amended by adding Sections 2205-20 and 2205-25 as follows:
 
11    (20 ILCS 2205/2205-20 new)
12    Sec. 2205-20. Illinois Board of Healthcare and Family
13Services.
14    (a) There is created the Illinois Board of Healthcare and
15Family Services that shall exercise supervisory authority over
16the operations and activities of the Department of Healthcare
17and Family Services. The board shall consist of 7 members
18appointed by the Governor with the advice and consent of the
19Senate, who shall have the following qualifications: 3 members
20representing underserved populations within the State, one of
21whom shall represent the African-American community, and one of
22whom shall represent the Hispanic community; 2 members
23representing underserved areas within the State, one of whom

 

 

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1shall represent rural areas; one member who has at least 10
2years of experience in providing healthcare and family services
3in the private sector, whether for-profit or not-for-profit;
4and one member who has at least 10 years of experience in
5providing healthcare and family services in the public sector,
6whether State or local.
7    (b) The terms of the members of the Illinois Board of
8Healthcare and Family Services shall commence on January 1,
92014. Of the initial appointments, 3 members shall be appointed
10for terms of 2 years, and 4 members shall be appointed for
11terms of 4 years. Thereafter, all members shall be appointed
12for terms of 4 years. Members are eligible for reappointment.
13    (c) Vacancies in terms shall be filled by appointment by
14the Governor with the advice and consent of the Senate for the
15extent of the unexpired term. If a vacancy in membership occurs
16at a time when the Senate is not in session, the Governor shall
17make a temporary appointment until the next meeting of the
18Senate, when the Governor shall appoint a person to fill that
19membership for the remainder of its term. If the Senate is not
20in session when appointments for a full term are made, the
21appointments shall be made as in the case of vacancies.
22    (d) Members shall serve without compensation, but may be
23reimbursed for actual expenses from funds appropriated for that
24purpose. No more than 4 members shall belong to the same
25political party.
26    (e) The members shall elect from their number a

 

 

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1chairperson, and such other officers as they may select.
2    (f) No member of the Board shall serve as the Director or
3Assistant Director of Healthcare and Family Services, either
4during his or her term of office or for a period 2 years after
5the end of his or her most recent term in office.
 
6    (20 ILCS 2205/2205-25 new)
7    Sec. 2205-25. Powers and duties of the Board.
8    (a) The Illinois Board of Healthcare and Family Services
9shall determine the qualifications of and appoint the Director
10of Healthcare and Family Services, who may be proposed by the
11Governor and who shall serve at the pleasure of the Board
12pursuant to a performance-based contract linked to the
13statewide improvement of healthcare access for all populations
14and areas, the implementation of the provisions of the SMART
15Act (Public Act 97-689), any other requirements that may be set
16by statute, and any other measureable criteria as the Board may
17adopt. No contract entered into between the Board and the
18Director under this Section may exceed 4 years, but a Director
19shall continue to serve until his or her successor is
20appointed. Each contract entered into under this Section with a
21Director must provide that the Board may terminate the contract
22for cause, and the Board shall not thereafter be liable for
23further payments under the contract.
24    (b) The Board, in its sole discretion, may appoint an
25Assistant Director of Healthcare and Family Services, who may

 

 

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1be proposed by the Governor and who shall serve at the pleasure
2of the Board pursuant to a performance-based contract linked to
3the statewide improvement of healthcare access for all
4populations and areas, the implementation of the provisions of
5the SMART Act (Public Act 97-689), any other requirements that
6may be set by statute, and any other measureable criteria as
7the Board may adopt. No contract entered into between the Board
8and the Assistant Director under this Section may exceed 4
9years, but an Assistant Director shall continue to serve until
10his or her successor is appointed. Each contract entered into
11under this Section with an Assistant Director must provide that
12the Board may terminate the contract for cause, and the Board
13shall not thereafter be liable for further payments under the
14contract.
15    (c) The Board shall set the compensation of the Director
16and the Assistant Director. The Board shall also establish the
17duties, powers and responsibilities of the Director and the
18Assistant Director, which shall be included in their respective
19contracts under this Section.
20    (d) The Department of Healthcare and Family Services as
21directed by the Board shall conduct a statewide annual survey
22of access to healthcare and family services, including, but not
23limited to, those provided, facilitated, or supported by the
24Department of Healthcare and Family Services under the Illinois
25Public Aid Code, and shall report the results of that survey to
26the General Assembly and the Governor on February 1, 2015 and

 

 

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1on February 1 of each year thereafter. The Board shall use the
2results of its annual survey of access to healthcare and family
3services to identify underserved populations and areas
4throughout the State, including changes in populations and
5areas and their access to healthcare and family services, and
6shall use this information to: (1) establish measureable
7criteria for the performance-based contracts under subsections
8(a) and (b) of this Section, and (2) determine the
9effectiveness of the Director and Assistant Director in meeting
10those measureable criteria.
 
11    Section 20. The Illinois Public Aid Code is amended by
12changing Section 12-1 as follows:
 
13    (305 ILCS 5/12-1)  (from Ch. 23, par. 12-1)
14    Sec. 12-1. Administration of Code; Department of
15Healthcare and Family Services.
16    (a) This Code shall be administered by the Department of
17Human Services and the Department of Healthcare and Family
18Services (formerly Illinois Department of Public Aid) as
19provided in the Department of Human Services Act.
20    (b) The Department of Healthcare and Family Services shall
21be under the supervision and direction of the Director of
22Healthcare and Family Services, as provided in Section 2205-25
23of the Department of Healthcare and Family Services Law of the
24Civil Administrative Code of Illinois. The Director shall be

 

 

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1appointed under the provisions of Section 2205-25 of that Law,
2and shall meet the qualifications prescribed by the Illinois
3Board of Healthcare and Family Services. Notwithstanding any
4provision of law to the contrary, the terms of office of the
5Director and Assistant Director of Healthcare and Family
6Services serving on the effective date of this amendatory Act
7of the 98th General Assembly shall end on March 1, 2014. 5-20
8of the Departments of State Government Law (20 ILCS 5/5-20).
9The Director shall be appointed pursuant to the provisions of
10Section 5-605 and meet the qualifications of Section 5-230 of
11that Law.
12    The Assistant Director of Healthcare and Family Services
13shall be appointed as provided in Section 2205-25 of the
14Department of Healthcare and Family Services Law of the Civil
15Administrative Code of Illinois, at the discretion of the
16Illinois Board of Healthcare and Family Services. , created by
17Section 5-165 of the Departments of State Government Law (20
18ILCS 5/5-165), shall be appointed pursuant to the provisions of
19Section 5-605 of that Law and shall meet the qualifications
20prescribed in Section 5-230 of that Law.
21    The salaries of the Director and the Assistant Director
22shall be those set by the Illinois Board of Healthcare and
23Family Services. specified in Section 5-395 of the Departments
24of State Government Law (20 ILCS 5/5-395).
25    Except as otherwise provided in this amendatory Act of the
2698th General Assembly, the The Department of Healthcare and

 

 

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1Family Services and the Director of Healthcare and Family
2Services shall comply with other provisions of the Civil
3Administrative Code of Illinois which are generally applicable
4to the several departments of the State Government created by
5that Code.
6(Source: P.A. 95-331, eff. 8-21-07.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.