Sen. Mattie Hunter

Filed: 1/12/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3840

2    AMENDMENT NO. ______. Amend House Bill 3840 by replacing
3everything after the enacting clause with the following:
 
4
"Title I. General Provisions

 
5
Article 1.

 
6    Section 1-1. This Act may be referred to as the Illinois
7Health Care and Human Service Reform Act.
 
8    Section 1-5. Findings.
9    "We, the People of the State of Illinois in order to
10provide for the health, safety and welfare of the people;
11maintain a representative and orderly government; eliminate
12poverty and inequality; assure legal, social and economic
13justice; provide opportunity for the fullest development of the
14individual; insure domestic tranquility; provide for the

 

 

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1common defense; and secure the blessings of freedom and liberty
2to ourselves and our posterity - do ordain and establish this
3Constitution for the State of Illinois."
4    The Illinois Legislative Black Caucus finds that, in order
5to improve the health outcomes of Black residents in the State
6of Illinois, it is essential to dramatically reform the State's
7health and human service system. For over 3 decades, multiple
8health studies have found that health inequities at their very
9core are due to racism. As early as 1998 research demonstrated
10that Black Americans received less health care than white
11Americans because doctors treated patients differently on the
12basis of race. Yet, Illinois' health and human service system
13disappointingly continues to perpetuate health disparities
14among Black Illinoisans of all ages, genders, and socioeconomic
15status.
16    In July 2020, Trinity Health announced its plans to close
17Mercy Hospital, an essential resource serving the Chicago South
18Side's predominantly Black residents. Trinity Health argued
19that this closure would have no impact on health access but
20failed to understand the community's needs. Closure of Mercy
21Hospital would only serve to create a health access desert and
22exacerbate existing health disparities. On December 15, 2020,
23after hearing from community members and advocates, the Health
24Facilities and Services Review Board unanimously voted to deny
25closure efforts, yet Trinity still seeks to cease Mercy's
26operations.

 

 

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1    Prior to COVID-19, much of the social and political
2attention surrounding the nationwide opioid epidemic focused
3on the increase in overdose deaths among white, middle-class,
4suburban and rural users; the impact of the epidemic in Black
5communities was largely unrecognized. Research has shown rates
6of opioid use at the national scale are higher for whites than
7they are for Blacks, yet rates of opioid deaths are higher
8among Blacks (43%) than whites (22%). The COVID-19 pandemic
9will likely exacerbate this situation due to job loss,
10stay-at-home orders, and ongoing mitigation efforts creating a
11lack of physical access to addiction support and harm reduction
12groups.
13    In 2018, the Illinois Department of Public Health reported
14that Black women were about 6 times as likely to die from a
15pregnancy-related cause as white women. Of those, 72% of
16pregnancy-related deaths and 93% of violent
17pregnancy-associated deaths were deemed preventable. Between
182016 and 2017, Black women had the highest rate of severe
19maternal morbidity with a rate of 101.5 per 10,000 deliveries,
20which is almost 3 times as high as the rate for white women.
21    In the City of Chicago, African American and Latinx
22populations are suffering from higher rates of AIDS/HIV
23compared to the general population. Recent data places HIV as
24one of the top 5 leading causes of death in African American
25women between the ages of 35 to 44 and the seventh ranking
26cause in African American women between the ages of 20 to 34.

 

 

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1Among the Latinx population, nearly 20% with HIV exclusively
2depend on indigenous-led and staffed organizations for
3services.
4    Cardiovascular disease (CVD) accounts for more deaths in
5Illinois than any other cause of death, according to the
6Illinois Department of Public Health; CVD is the leading cause
7of death among Black residents. According to the Kaiser Family
8Foundation (KFF), for every 100,000 people, 224 Black
9Illinoisans die of CVD compared to 158 white Illinoisans.
10Cancer, the second leading cause of death in Illinois, too is
11pervasive among African Americans. In 2019, an estimated
12606,880 Americans, or 1,660 people a day, died of cancer; the
13American Cancer Society estimated 24,410 deaths occurred in
14Illinois. KFF estimates that, out of every 100,000 people, 191
15Black Illinoisans die of cancer compared to 152 white
16Illinoisans.
17    Black Americans suffer at much higher rates from chronic
18diseases, including diabetes, hypertension, heart disease,
19asthma, and many cancers. Utilizing community health workers in
20patient education and chronic disease management is needed to
21close these health disparities. Studies have shown that
22diabetes patients in the care of a community health worker
23demonstrate improved knowledge and lifestyle and
24self-management behaviors, as well as decreases in the use of
25the emergency department. A study of asthma control among black
26adolescents concluded that asthma control was reduced by 35%

 

 

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1among adolescents working with community health workers,
2resulting in a savings of $5.58 per dollar spent on the
3intervention. A study of the return on investment for community
4health workers employed in Colorado showed that, after a
59-month period, patients working with community health workers
6had an increased number of primary care visits and a decrease
7in urgent and inpatient care. Utilization of community health
8workers led to a $2.38 return on investment for every dollar
9invested in community health workers.
10    Adverse childhood experiences (ACEs) are traumatic
11experiences occurring during childhood that have been found to
12have a profound effect on a child's developing brain structure
13and body which may result in poor health during a person's
14adulthood. ACEs studies have found a strong correlation between
15the number of ACEs and a person's risk for disease and negative
16health behaviors, including suicide, depression, cancer,
17stroke, ischemic heart disease, diabetes, autoimmune disease,
18smoking, substance abuse, interpersonal violence, obesity,
19unplanned pregnancies, lower educational achievement,
20workplace absenteeism, and lower wages. Data also shows that
21approximately 20% of African American and Hispanic adults in
22Illinois reported 4 or more ACEs, compared to 13% of
23non-Hispanic whites. Long-standing ACE interventions include
24tools such as trauma-informed care. Trauma-informed care has
25been promoted and established in communities across the country
26on a bipartisan basis, including in the states of California,

 

 

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1Florida, Massachusetts, Missouri, Oregon, Pennsylvania,
2Washington, and Wisconsin. Several federal agencies have
3integrated trauma-informed approaches in their programs and
4grants which should be leveraged by the State.
5    According to a 2019 Rush University report, a Black
6person's life expectancy on average is less when compared to a
7white person's life expectancy. For instance, when comparing
8life expectancy in Chicago's Austin neighborhood to the Chicago
9Loop, there is a difference of 11 years between Black life
10expectancy (71 years) and white life expectancy (82 years).
11    In a 2015 literature review of implicit racial and ethnic
12bias among medical professionals, it was concluded that there
13is a moderate level of implicit bias in most medical
14professionals. Further, the literature review showed that
15implicit bias has negative consequences for patients,
16including strained patient relationships and negative health
17outcomes. It is critical for medical professionals to be aware
18of implicit racial and ethnic bias and work to eliminate bias
19through training.
20    In the field of medicine, a historically racist profession,
21Black medical professionals have commonly been ostracized. In
221934, Dr. Roland B. Scott was the first African American to
23pass the pediatric board exam, yet when he applied for
24membership with the American Academy of Pediatrics he was
25rejected multiple times. Few medical organizations have
26confronted the roles they played in blocking opportunities for

 

 

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1Black advancement in the medical profession until the formal
2apologies of the American Medical Association in 2008. For
3decades, organizations like the AMA predicated their
4membership on joining a local state medical society, several of
5which excluded Black physicians.
6    In 2010, the General Assembly, in partnership with
7Treatment Alternatives for Safe Communities, published the
8Disproportionate Justice Impact Study. The study examined the
9impact of Illinois drug laws on racial and ethnic groups and
10the resulting over-representation of racial and ethic minority
11groups in the Illinois criminal justice system. Unsurprisingly
12and disappointingly, the study confirmed decades long
13injustices, such as nonwhites being arrested at a higher rate
14than whites relative to their representation in the general
15population throughout Illinois.
16    All together, the above mentioned only begins to capture a
17part of a larger system of racial injustices and inequities.
18The General Assembly and the people of Illinois are urged to
19recognize while racism is a core fault of the current health
20and human service system, that it is a pervasive disease
21affecting a multiplitude of institutions which truly drive
22systematic health inequities: education, child care, criminal
23justice, affordable housing, environmental justice, and job
24security and so forth. For persons to live up to their full
25human potential, their rights to quality of life, health care,
26a quality job, a fair wage, housing, and education must not be

 

 

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1inhibited.
2    Therefore, the Illinois Legislative Black Caucus, as
3informed by the Senate's Health and Human Service Pillar
4subject matter hearings, seeks to remedy a fraction of a much
5larger broken system by addressing access to health care,
6hospital closures, managed care organization reform, community
7health worker certification, maternal and infant mortality,
8mental and substance abuse treatment, hospital reform, and
9medical implicit bias in the Illinois Health Care and Human
10Service Reform Act. This Act shall achieve needed change
11through the use of, but not limited to, the Medicaid Managed
12Care Oversight Commission, the Health and Human Services Task
13Force, and a hospital closure moratorium, in order to address
14Illinois' long-standing health inequities.
 
15
Title II. Community Health Workers

 
16
Article 5.

 
17    Section 5-1. Short title. This Article may be cited as the
18Community Health Worker Certification and Reimbursement Act.
19References in this Article to "this Act" mean this Article.
 
20    Section 5-5. Definition. In this Act, "community health
21worker" means a frontline public health worker who is a trusted
22member or has an unusually close understanding of the community

 

 

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1served. This trusting relationship enables the community
2health worker to serve as a liaison, link, and intermediary
3between health and social services and the community to
4facilitate access to services and improve the quality and
5cultural competence of service delivery. A community health
6worker also builds individual and community capacity by
7increasing health knowledge and self-sufficiency through a
8range of activities, including outreach, community education,
9informal counseling, social support, and advocacy. A community
10health worker shall have the following core competencies:
11        (1) communication;
12        (2) interpersonal skills and relationship building;
13        (3) service coordination and navigation skills;
14        (4) capacity-building;
15        (5) advocacy;
16        (6) presentation and facilitation skills;
17        (7) organizational skills; cultural competency;
18        (8) public health knowledge;
19        (9) understanding of health systems and basic
20    diseases;
21        (10) behavioral health issues; and
22        (11) field experience.
23    Nothing in this definition shall be construed to authorize
24a community health worker to provide direct care or treatment
25to any person or to perform any act or service for which a
26license issued by a professional licensing board is required.
 

 

 

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1    Section 5-10. Community health worker training.
2    (a) Community health workers shall be provided with
3multi-tiered academic and community-based training
4opportunities that lead to the mastery of community health
5worker core competencies.
6    (b) For academic-based training programs, the Department
7of Public Health shall collaborate with the Illinois State
8Board of Education, the Illinois Community College Board, and
9the Illinois Board of Higher Education to adopt a process to
10certify academic-based training programs that students can
11attend to obtain individual community health worker
12certification. Certified training programs shall reflect the
13approved core competencies and roles for community health
14workers.
15    (c) For community-based training programs, the Department
16of Public Health shall collaborate with a statewide association
17representing community health workers to adopt a process to
18certify community-based programs that students can attend to
19obtain individual community health worker certification.
20    (d) Community health workers may need to undergo additional
21training, including, but not limited to, asthma, diabetes,
22maternal child health, behavioral health, and social
23determinants of health training. Multi-tiered training
24approaches shall provide opportunities that build on each other
25and prepare community health workers for career pathways both

 

 

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1within the community health worker profession and within allied
2professions.
 
3    Section 5-15. Illinois Community Health Worker
4Certification Board.
5    (a) There is created within the Department of Public
6Health, in shared leadership with a statewide association
7representing community health workers, the Illinois Community
8Health Worker Certification Board. The Board shall serve as the
9regulatory body that develops and has oversight of initial
10community health workers certification and certification
11renewals for both individuals and academic and community-based
12training programs.
13    (b) A representative from the Department of Public Health,
14the Department of Financial and Professional Regulation, the
15Department of Healthcare and Family Services, and the
16Department of Human Services shall serve on the Board. At least
17one full-time professional shall be assigned to staff the Board
18with additional administrative support available as needed.
19The Board shall have balanced representation from the community
20health worker workforce, community health worker employers,
21community health worker training and educational
22organizations, and other engaged stakeholders.
23    (c) The Board shall propose a certification process for and
24be authorized to approve training from community-based
25organizations, in conjunction with a statewide organization

 

 

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1representing community health workers, and academic
2institutions, in consultation with the Illinois State Board of
3Education, the Illinois Community College Board and the
4Illinois Board of Higher Education. The Board shall base
5training approval on core competencies, best practices, and
6affordability. In addition, the Board shall maintain a registry
7of certification records for individually certified community
8health workers.
9    (d) All training programs that are deemed certifiable by
10the Board shall go through a renewal process, which will be
11determined by the Board once established. The Board shall
12establish criteria to grandfather in any community health
13workers who were practicing prior to the establishment of a
14certification program.
15    (e) To ensure high-quality service, the Illinois Community
16Health Worker Certification Board shall examine and consider
17for adoption best practices from other states that have
18implemented policies to allow for alternative opportunities to
19demonstrate competency in core skills and knowledge in addition
20to certification.
21    (f) The Department of Public Health shall explore ways to
22compensate members of the Board.
 
23    Section 5-20. Reimbursement. Community health worker
24services shall be covered under the medical assistance program
25for persons who are otherwise eligible for medical assistance.

 

 

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1The Department of Healthcare and Family Services shall develop
2services, including but not limited to, care coordination and
3diagnostic-related patient services, for which community
4health workers will be eligible for reimbursement and shall
5request approval from the federal Centers for Medicare and
6Medicaid Services to reimburse community health worker
7services under the medical assistance program. Certification
8shall not be required for reimbursement. In addition, the
9Department of Healthcare and Family Services shall amend its
10contracts with managed care entities to allow managed care
11entities to employ community health workers or subcontract with
12community-based organizations that employ community health
13workers.
 
14    Section 5-25. Rules. The Department of Public Health and
15the Department of Healthcare and Family Services may adopt
16rules for the implementation and administration of this Act.
 
17
Title III. Hospital Reform

 
18
Article 10.

 
19    Section 10-5. The Hospital Licensing Act is amended by
20changing Section 10.4 as follows:
 
21    (210 ILCS 85/10.4)  (from Ch. 111 1/2, par. 151.4)

 

 

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1    Sec. 10.4. Medical staff privileges.
2    (a) Any hospital licensed under this Act or any hospital
3organized under the University of Illinois Hospital Act shall,
4prior to the granting of any medical staff privileges to an
5applicant, or renewing a current medical staff member's
6privileges, request of the Director of Professional Regulation
7information concerning the licensure status, proper
8credentials, required certificates, and any disciplinary
9action taken against the applicant's or medical staff member's
10license, except: (1) for medical personnel who enter a hospital
11to obtain organs and tissues for transplant from a donor in
12accordance with the Illinois Anatomical Gift Act; or (2) for
13medical personnel who have been granted disaster privileges
14pursuant to the procedures and requirements established by
15rules adopted by the Department. Any hospital and any employees
16of the hospital or others involved in granting privileges who,
17in good faith, grant disaster privileges pursuant to this
18Section to respond to an emergency shall not, as a result of
19their acts or omissions, be liable for civil damages for
20granting or denying disaster privileges except in the event of
21willful and wanton misconduct, as that term is defined in
22Section 10.2 of this Act. Individuals granted privileges who
23provide care in an emergency situation, in good faith and
24without direct compensation, shall not, as a result of their
25acts or omissions, except for acts or omissions involving
26willful and wanton misconduct, as that term is defined in

 

 

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1Section 10.2 of this Act, on the part of the person, be liable
2for civil damages. The Director of Professional Regulation
3shall transmit, in writing and in a timely fashion, such
4information regarding the license of the applicant or the
5medical staff member, including the record of imposition of any
6periods of supervision or monitoring as a result of alcohol or
7substance abuse, as provided by Section 23 of the Medical
8Practice Act of 1987, and such information as may have been
9submitted to the Department indicating that the application or
10medical staff member has been denied, or has surrendered,
11medical staff privileges at a hospital licensed under this Act,
12or any equivalent facility in another state or territory of the
13United States. The Director of Professional Regulation shall
14define by rule the period for timely response to such requests.
15    No transmittal of information by the Director of
16Professional Regulation, under this Section shall be to other
17than the president, chief operating officer, chief
18administrative officer, or chief of the medical staff of a
19hospital licensed under this Act, a hospital organized under
20the University of Illinois Hospital Act, or a hospital operated
21by the United States, or any of its instrumentalities. The
22information so transmitted shall be afforded the same status as
23is information concerning medical studies by Part 21 of Article
24VIII of the Code of Civil Procedure, as now or hereafter
25amended.
26    (b) All hospitals licensed under this Act, except county

 

 

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1hospitals as defined in subsection (c) of Section 15-1 of the
2Illinois Public Aid Code, shall comply with, and the medical
3staff bylaws of these hospitals shall include rules consistent
4with, the provisions of this Section in granting, limiting,
5renewing, or denying medical staff membership and clinical
6staff privileges. Hospitals that require medical staff members
7to possess faculty status with a specific institution of higher
8education are not required to comply with subsection (1) below
9when the physician does not possess faculty status.
10        (1) Minimum procedures for pre-applicants and
11    applicants for medical staff membership shall include the
12    following:
13            (A) Written procedures relating to the acceptance
14        and processing of pre-applicants or applicants for
15        medical staff membership, which should be contained in
16        medical staff bylaws.
17            (B) Written procedures to be followed in
18        determining a pre-applicant's or an applicant's
19        qualifications for being granted medical staff
20        membership and privileges.
21            (C) Written criteria to be followed in evaluating a
22        pre-applicant's or an applicant's qualifications.
23            (D) An evaluation of a pre-applicant's or an
24        applicant's current health status and current license
25        status in Illinois.
26            (E) A written response to each pre-applicant or

 

 

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1        applicant that explains the reason or reasons for any
2        adverse decision (including all reasons based in whole
3        or in part on the applicant's medical qualifications or
4        any other basis, including economic factors).
5        (2) Minimum procedures with respect to medical staff
6    and clinical privilege determinations concerning current
7    members of the medical staff shall include the following:
8            (A) A written notice of an adverse decision.
9            (B) An explanation of the reasons for an adverse
10        decision including all reasons based on the quality of
11        medical care or any other basis, including economic
12        factors.
13            (C) A statement of the medical staff member's right
14        to request a fair hearing on the adverse decision
15        before a hearing panel whose membership is mutually
16        agreed upon by the medical staff and the hospital
17        governing board. The hearing panel shall have
18        independent authority to recommend action to the
19        hospital governing board. Upon the request of the
20        medical staff member or the hospital governing board,
21        the hearing panel shall make findings concerning the
22        nature of each basis for any adverse decision
23        recommended to and accepted by the hospital governing
24        board.
25                (i) Nothing in this subparagraph (C) limits a
26            hospital's or medical staff's right to summarily

 

 

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1            suspend, without a prior hearing, a person's
2            medical staff membership or clinical privileges if
3            the continuation of practice of a medical staff
4            member constitutes an immediate danger to the
5            public, including patients, visitors, and hospital
6            employees and staff. In the event that a hospital
7            or the medical staff imposes a summary suspension,
8            the Medical Executive Committee, or other
9            comparable governance committee of the medical
10            staff as specified in the bylaws, must meet as soon
11            as is reasonably possible to review the suspension
12            and to recommend whether it should be affirmed,
13            lifted, expunged, or modified if the suspended
14            physician requests such review. A summary
15            suspension may not be implemented unless there is
16            actual documentation or other reliable information
17            that an immediate danger exists. This
18            documentation or information must be available at
19            the time the summary suspension decision is made
20            and when the decision is reviewed by the Medical
21            Executive Committee. If the Medical Executive
22            Committee recommends that the summary suspension
23            should be lifted, expunged, or modified, this
24            recommendation must be reviewed and considered by
25            the hospital governing board, or a committee of the
26            board, on an expedited basis. Nothing in this

 

 

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1            subparagraph (C) shall affect the requirement that
2            any requested hearing must be commenced within 15
3            days after the summary suspension and completed
4            without delay unless otherwise agreed to by the
5            parties. A fair hearing shall be commenced within
6            15 days after the suspension and completed without
7            delay, except that when the medical staff member's
8            license to practice has been suspended or revoked
9            by the State's licensing authority, no hearing
10            shall be necessary.
11                (ii) Nothing in this subparagraph (C) limits a
12            medical staff's right to permit, in the medical
13            staff bylaws, summary suspension of membership or
14            clinical privileges in designated administrative
15            circumstances as specifically approved by the
16            medical staff. This bylaw provision must
17            specifically describe both the administrative
18            circumstance that can result in a summary
19            suspension and the length of the summary
20            suspension. The opportunity for a fair hearing is
21            required for any administrative summary
22            suspension. Any requested hearing must be
23            commenced within 15 days after the summary
24            suspension and completed without delay. Adverse
25            decisions other than suspension or other
26            restrictions on the treatment or admission of

 

 

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1            patients may be imposed summarily and without a
2            hearing under designated administrative
3            circumstances as specifically provided for in the
4            medical staff bylaws as approved by the medical
5            staff.
6                (iii) If a hospital exercises its option to
7            enter into an exclusive contract and that contract
8            results in the total or partial termination or
9            reduction of medical staff membership or clinical
10            privileges of a current medical staff member, the
11            hospital shall provide the affected medical staff
12            member 60 days prior notice of the effect on his or
13            her medical staff membership or privileges. An
14            affected medical staff member desiring a hearing
15            under subparagraph (C) of this paragraph (2) must
16            request the hearing within 14 days after the date
17            he or she is so notified. The requested hearing
18            shall be commenced and completed (with a report and
19            recommendation to the affected medical staff
20            member, hospital governing board, and medical
21            staff) within 30 days after the date of the medical
22            staff member's request. If agreed upon by both the
23            medical staff and the hospital governing board,
24            the medical staff bylaws may provide for longer
25            time periods.
26            (C-5) All peer review used for the purpose of

 

 

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1        credentialing, privileging, disciplinary action, or
2        other recommendations affecting medical staff
3        membership or exercise of clinical privileges, whether
4        relying in whole or in part on internal or external
5        reviews, shall be conducted in accordance with the
6        medical staff bylaws and applicable rules,
7        regulations, or policies of the medical staff. If
8        external review is obtained, any adverse report
9        utilized shall be in writing and shall be made part of
10        the internal peer review process under the bylaws. The
11        report shall also be shared with a medical staff peer
12        review committee and the individual under review. If
13        the medical staff peer review committee or the
14        individual under review prepares a written response to
15        the report of the external peer review within 30 days
16        after receiving such report, the governing board shall
17        consider the response prior to the implementation of
18        any final actions by the governing board which may
19        affect the individual's medical staff membership or
20        clinical privileges. Any peer review that involves
21        willful or wanton misconduct shall be subject to civil
22        damages as provided for under Section 10.2 of this Act.
23            (D) A statement of the member's right to inspect
24        all pertinent information in the hospital's possession
25        with respect to the decision.
26            (E) A statement of the member's right to present

 

 

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1        witnesses and other evidence at the hearing on the
2        decision.
3            (E-5) The right to be represented by a personal
4        attorney.
5            (F) A written notice and written explanation of the
6        decision resulting from the hearing.
7            (F-5) A written notice of a final adverse decision
8        by a hospital governing board.
9            (G) Notice given 15 days before implementation of
10        an adverse medical staff membership or clinical
11        privileges decision based substantially on economic
12        factors. This notice shall be given after the medical
13        staff member exhausts all applicable procedures under
14        this Section, including item (iii) of subparagraph (C)
15        of this paragraph (2), and under the medical staff
16        bylaws in order to allow sufficient time for the
17        orderly provision of patient care.
18            (H) Nothing in this paragraph (2) of this
19        subsection (b) limits a medical staff member's right to
20        waive, in writing, the rights provided in
21        subparagraphs (A) through (G) of this paragraph (2) of
22        this subsection (b) upon being granted the written
23        exclusive right to provide particular services at a
24        hospital, either individually or as a member of a
25        group. If an exclusive contract is signed by a
26        representative of a group of physicians, a waiver

 

 

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1        contained in the contract shall apply to all members of
2        the group unless stated otherwise in the contract.
3        (3) Every adverse medical staff membership and
4    clinical privilege decision based substantially on
5    economic factors shall be reported to the Hospital
6    Licensing Board before the decision takes effect. These
7    reports shall not be disclosed in any form that reveals the
8    identity of any hospital or physician. These reports shall
9    be utilized to study the effects that hospital medical
10    staff membership and clinical privilege decisions based
11    upon economic factors have on access to care and the
12    availability of physician services. The Hospital Licensing
13    Board shall submit an initial study to the Governor and the
14    General Assembly by January 1, 1996, and subsequent reports
15    shall be submitted periodically thereafter.
16        (4) As used in this Section:
17        "Adverse decision" means a decision reducing,
18    restricting, suspending, revoking, denying, or not
19    renewing medical staff membership or clinical privileges.
20        "Economic factor" means any information or reasons for
21    decisions unrelated to quality of care or professional
22    competency.
23        "Pre-applicant" means a physician licensed to practice
24    medicine in all its branches who requests an application
25    for medical staff membership or privileges.
26        "Privilege" means permission to provide medical or

 

 

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1    other patient care services and permission to use hospital
2    resources, including equipment, facilities and personnel
3    that are necessary to effectively provide medical or other
4    patient care services. This definition shall not be
5    construed to require a hospital to acquire additional
6    equipment, facilities, or personnel to accommodate the
7    granting of privileges.
8        (5) Any amendment to medical staff bylaws required
9    because of this amendatory Act of the 91st General Assembly
10    shall be adopted on or before July 1, 2001.
11    (c) All hospitals shall consult with the medical staff
12prior to closing membership in the entire or any portion of the
13medical staff or a department. If the hospital closes
14membership in the medical staff, any portion of the medical
15staff, or the department over the objections of the medical
16staff, then the hospital shall provide a detailed written
17explanation for the decision to the medical staff 10 days prior
18to the effective date of any closure. No applications need to
19be provided when membership in the medical staff or any
20relevant portion of the medical staff is closed.
21(Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)
 
22
Article 15.

 
23    Section 15-3. The Illinois Health Finance Reform Act is
24amended by changing Section 4-4 as follows:
 

 

 

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1    (20 ILCS 2215/4-4)  (from Ch. 111 1/2, par. 6504-4)
2    Sec. 4-4. (a) Hospitals shall make available to prospective
3patients information on the normal charge incurred for any
4procedure or operation the prospective patient is considering.
5    (b) The Department of Public Health shall require hospitals
6to post, either by physical or electronic means, in prominent
7letters, in letters no more than one inch in height the
8established charges for services, where applicable, including
9but not limited to the hospital's private room charge,
10semi-private room charge, charge for a room with 3 or more
11beds, intensive care room charges, emergency room charge,
12operating room charge, electrocardiogram charge, anesthesia
13charge, chest x-ray charge, blood sugar charge, blood chemistry
14charge, tissue exam charge, blood typing charge and Rh factor
15charge. The definitions of each charge to be posted shall be
16determined by the Department.
17(Source: P.A. 92-597, eff. 7-1-02.)
 
18    Section 15-5. The Hospital Licensing Act is amended by
19changing Sections 6, 6.14c, 10.10, and 11.5 as follows:
 
20    (210 ILCS 85/6)  (from Ch. 111 1/2, par. 147)
21    Sec. 6. (a) Upon receipt of an application for a permit to
22establish a hospital the Director shall issue a permit if he
23finds (1) that the applicant is fit, willing, and able to

 

 

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1provide a proper standard of hospital service for the community
2with particular regard to the qualification, background, and
3character of the applicant, (2) that the financial resources
4available to the applicant demonstrate an ability to construct,
5maintain, and operate a hospital in accordance with the
6standards, rules, and regulations adopted pursuant to this Act,
7and (3) that safeguards are provided which assure hospital
8operation and maintenance consistent with the public interest
9having particular regard to safe, adequate, and efficient
10hospital facilities and services.
11    The Director may request the cooperation of county and
12multiple-county health departments, municipal boards of
13health, and other governmental and non-governmental agencies
14in obtaining information and in conducting investigations
15relating to such applications.
16    A permit to establish a hospital shall be valid only for
17the premises and person named in the application for such
18permit and shall not be transferable or assignable.
19    In the event the Director issues a permit to establish a
20hospital the applicant shall thereafter submit plans and
21specifications to the Department in accordance with Section 8
22of this Act.
23    (b) Upon receipt of an application for license to open,
24conduct, operate, and maintain a hospital, the Director shall
25issue a license if he finds the applicant and the hospital
26facilities comply with standards, rules, and regulations

 

 

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1promulgated under this Act. A license, unless sooner suspended
2or revoked, shall be renewable annually upon approval by the
3Department and payment of a license fee as established pursuant
4to Section 5 of this Act. Each license shall be issued only for
5the premises and persons named in the application and shall not
6be transferable or assignable. Licenses shall be posted, either
7by physical or electronic means, in a conspicuous place on the
8licensed premises. The Department may, either before or after
9the issuance of a license, request the cooperation of the State
10Fire Marshal, county and multiple county health departments, or
11municipal boards of health to make investigations to determine
12if the applicant or licensee is complying with the minimum
13standards prescribed by the Department. The report and
14recommendations of any such agency shall be in writing and
15shall state with particularity its findings with respect to
16compliance or noncompliance with such minimum standards,
17rules, and regulations.
18    The Director may issue a provisional license to any
19hospital which does not substantially comply with the
20provisions of this Act and the standards, rules, and
21regulations promulgated by virtue thereof provided that he
22finds that such hospital has undertaken changes and corrections
23which upon completion will render the hospital in substantial
24compliance with the provisions of this Act, and the standards,
25rules, and regulations adopted hereunder, and provided that the
26health and safety of the patients of the hospital will be

 

 

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1protected during the period for which such provisional license
2is issued. The Director shall advise the licensee of the
3conditions under which such provisional license is issued,
4including the manner in which the hospital facilities fail to
5comply with the provisions of the Act, standards, rules, and
6regulations, and the time within which the changes and
7corrections necessary for such hospital facilities to
8substantially comply with this Act, and the standards, rules,
9and regulations of the Department relating thereto shall be
10completed.
11(Source: P.A. 98-683, eff. 6-30-14.)
 
12    (210 ILCS 85/6.14c)
13    Sec. 6.14c. Posting of information. Every hospital shall
14conspicuously post, either by physical or electronic means, for
15display in an area of its offices accessible to patients,
16employees, and visitors the following:
17        (1) its current license;
18        (2) a description, provided by the Department, of
19    complaint procedures established under this Act and the
20    name, address, and telephone number of a person authorized
21    by the Department to receive complaints;
22        (3) a list of any orders pertaining to the hospital
23    issued by the Department during the past year and any court
24    orders reviewing such Department orders issued during the
25    past year; and

 

 

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1        (4) a list of the material available for public
2    inspection under Section 6.14d.
3    Each hospital shall post, either by physical or electronic
4means, in each facility that has an emergency room, a notice in
5a conspicuous location in the emergency room with information
6about how to enroll in health insurance through the Illinois
7health insurance marketplace in accordance with Sections 1311
8and 1321 of the federal Patient Protection and Affordable Care
9Act.
10(Source: P.A. 101-117, eff. 1-1-20.)
 
11    (210 ILCS 85/10.10)
12    Sec. 10.10. Nurse Staffing by Patient Acuity.
13    (a) Findings. The Legislature finds and declares all of the
14following:
15        (1) The State of Illinois has a substantial interest in
16    promoting quality care and improving the delivery of health
17    care services.
18        (2) Evidence-based studies have shown that the basic
19    principles of staffing in the acute care setting should be
20    based on the complexity of patients' care needs aligned
21    with available nursing skills to promote quality patient
22    care consistent with professional nursing standards.
23        (3) Compliance with this Section promotes an
24    organizational climate that values registered nurses'
25    input in meeting the health care needs of hospital

 

 

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1    patients.
2    (b) Definitions. As used in this Section:
3    "Acuity model" means an assessment tool selected and
4implemented by a hospital, as recommended by a nursing care
5committee, that assesses the complexity of patient care needs
6requiring professional nursing care and skills and aligns
7patient care needs and nursing skills consistent with
8professional nursing standards.
9    "Department" means the Department of Public Health.
10    "Direct patient care" means care provided by a registered
11professional nurse with direct responsibility to oversee or
12carry out medical regimens or nursing care for one or more
13patients.
14    "Nursing care committee" means an existing or newly created
15hospital-wide committee or committees of nurses whose
16functions, in part or in whole, contribute to the development,
17recommendation, and review of the hospital's nurse staffing
18plan established pursuant to subsection (d).
19    "Registered professional nurse" means a person licensed as
20a Registered Nurse under the Nurse Practice Act.
21    "Written staffing plan for nursing care services" means a
22written plan for guiding the assignment of patient care nursing
23staff based on multiple nurse and patient considerations that
24yield minimum staffing levels for inpatient care units and the
25adopted acuity model aligning patient care needs with nursing
26skills required for quality patient care consistent with

 

 

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1professional nursing standards.
2    (c) Written staffing plan.
3        (1) Every hospital shall implement a written
4    hospital-wide staffing plan, recommended by a nursing care
5    committee or committees, that provides for minimum direct
6    care professional registered nurse-to-patient staffing
7    needs for each inpatient care unit. The written
8    hospital-wide staffing plan shall include, but need not be
9    limited to, the following considerations:
10            (A) The complexity of complete care, assessment on
11        patient admission, volume of patient admissions,
12        discharges and transfers, evaluation of the progress
13        of a patient's problems, ongoing physical assessments,
14        planning for a patient's discharge, assessment after a
15        change in patient condition, and assessment of the need
16        for patient referrals.
17            (B) The complexity of clinical professional
18        nursing judgment needed to design and implement a
19        patient's nursing care plan, the need for specialized
20        equipment and technology, the skill mix of other
21        personnel providing or supporting direct patient care,
22        and involvement in quality improvement activities,
23        professional preparation, and experience.
24            (C) Patient acuity and the number of patients for
25        whom care is being provided.
26            (D) The ongoing assessments of a unit's patient

 

 

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1        acuity levels and nursing staff needed shall be
2        routinely made by the unit nurse manager or his or her
3        designee.
4            (E) The identification of additional registered
5        nurses available for direct patient care when
6        patients' unexpected needs exceed the planned workload
7        for direct care staff.
8        (2) In order to provide staffing flexibility to meet
9    patient needs, every hospital shall identify an acuity
10    model for adjusting the staffing plan for each inpatient
11    care unit.
12        (3) The written staffing plan shall be posted, either
13    by physical or electronic means, in a conspicuous and
14    accessible location for both patients and direct care
15    staff, as required under the Hospital Report Card Act. A
16    copy of the written staffing plan shall be provided to any
17    member of the general public upon request.
18    (d) Nursing care committee.
19        (1) Every hospital shall have a nursing care committee.
20    A hospital shall appoint members of a committee whereby at
21    least 50% of the members are registered professional nurses
22    providing direct patient care.
23        (2) A nursing care committee's recommendations must be
24    given significant regard and weight in the hospital's
25    adoption and implementation of a written staffing plan.
26        (3) A nursing care committee or committees shall

 

 

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1    recommend a written staffing plan for the hospital based on
2    the principles from the staffing components set forth in
3    subsection (c). In particular, a committee or committees
4    shall provide input and feedback on the following:
5            (A) Selection, implementation, and evaluation of
6        minimum staffing levels for inpatient care units.
7            (B) Selection, implementation, and evaluation of
8        an acuity model to provide staffing flexibility that
9        aligns changing patient acuity with nursing skills
10        required.
11            (C) Selection, implementation, and evaluation of a
12        written staffing plan incorporating the items
13        described in subdivisions (c)(1) and (c)(2) of this
14        Section.
15            (D) Review the following: nurse-to-patient
16        staffing guidelines for all inpatient areas; and
17        current acuity tools and measures in use.
18        (4) A nursing care committee must address the items
19    described in subparagraphs (A) through (D) of paragraph (3)
20    semi-annually.
21    (e) Nothing in this Section 10.10 shall be construed to
22limit, alter, or modify any of the terms, conditions, or
23provisions of a collective bargaining agreement entered into by
24the hospital.
25(Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12;
2697-813, eff. 7-13-12.)
 

 

 

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1    (210 ILCS 85/11.5)
2    Sec. 11.5. Uniform standards of obstetrical care
3regardless of ability to pay.
4    (a) No hospital may promulgate policies or implement
5practices that determine differing standards of obstetrical
6care based upon a patient's source of payment or ability to pay
7for medical services.
8    (b) Each hospital shall develop a written policy statement
9reflecting the requirements of subsection (a) and shall post,
10either by physical or electronic means, written notices of this
11policy in the obstetrical admitting areas of the hospital by
12July 1, 2004. Notices posted pursuant to this Section shall be
13posted in the predominant language or languages spoken in the
14hospital's service area.
15(Source: P.A. 93-981, eff. 8-23-04.)
 
16    Section 15-10. The Language Assistance Services Act is
17amended by changing Section 15 as follows:
 
18    (210 ILCS 87/15)
19    Sec. 15. Language assistance services.
20    (a) To ensure access to health care information and
21services for limited-English-speaking or non-English-speaking
22residents and deaf residents, a health facility must do the
23following:

 

 

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1        (1) Adopt and review annually a policy for providing
2    language assistance services to patients with language or
3    communication barriers. The policy shall include
4    procedures for providing, to the extent possible as
5    determined by the facility, the use of an interpreter
6    whenever a language or communication barrier exists,
7    except where the patient, after being informed of the
8    availability of the interpreter service, chooses to use a
9    family member or friend who volunteers to interpret. The
10    procedures shall be designed to maximize efficient use of
11    interpreters and minimize delays in providing interpreters
12    to patients. The procedures shall insure, to the extent
13    possible as determined by the facility, that interpreters
14    are available, either on the premises or accessible by
15    telephone, 24 hours a day. The facility shall annually
16    transmit to the Department of Public Health a copy of the
17    updated policy and shall include a description of the
18    facility's efforts to insure adequate and speedy
19    communication between patients with language or
20    communication barriers and staff.
21        (2) Develop, and post, either by physical or electronic
22    means, in conspicuous locations, notices that advise
23    patients and their families of the availability of
24    interpreters, the procedure for obtaining an interpreter,
25    and the telephone numbers to call for filing complaints
26    concerning interpreter service problems, including, but

 

 

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1    not limited to, a TTY number for persons who are deaf or
2    hard of hearing. The notices shall be posted, at a minimum,
3    in the emergency room, the admitting area, the facility
4    entrance, and the outpatient area. Notices shall inform
5    patients that interpreter services are available on
6    request, shall list the languages most commonly
7    encountered at the facility for which interpreter services
8    are available, and shall instruct patients to direct
9    complaints regarding interpreter services to the
10    Department of Public Health, including the telephone
11    numbers to call for that purpose.
12        (3) Notify the facility's employees of the language
13    services available at the facility and train them on how to
14    make those language services available to patients.
15    (b) In addition, a health facility may do one or more of
16the following:
17        (1) Identify and record a patient's primary language
18    and dialect on one or more of the following: a patient
19    medical chart, hospital bracelet, bedside notice, or
20    nursing card.
21        (2) Prepare and maintain, as needed, a list of
22    interpreters who have been identified as proficient in sign
23    language according to the Interpreter for the Deaf
24    Licensure Act of 2007 and a list of the languages of the
25    population of the geographical area served by the facility.
26        (3) Review all standardized written forms, waivers,

 

 

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1    documents, and informational materials available to
2    patients on admission to determine which to translate into
3    languages other than English.
4        (4) Consider providing its nonbilingual staff with
5    standardized picture and phrase sheets for use in routine
6    communications with patients who have language or
7    communication barriers.
8        (5) Develop community liaison groups to enable the
9    facility and the limited-English-speaking,
10    non-English-speaking, and deaf communities to ensure the
11    adequacy of the interpreter services.
12(Source: P.A. 98-756, eff. 7-16-14.)
 
13    Section 15-15. The Fair Patient Billing Act is amended by
14changing Section 15 as follows:
 
15    (210 ILCS 88/15)
16    Sec. 15. Patient notification.
17    (a) Each hospital shall post a sign with the following
18notice:
19         "You may be eligible for financial assistance under
20    the terms and conditions the hospital offers to qualified
21    patients. For more information contact [hospital financial
22    assistance representative]".
23    (b) The sign under subsection (a) shall be posted, either
24by physical or electronic means, conspicuously in the admission

 

 

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1and registration areas of the hospital.
2    (c) The sign shall be in English, and in any other language
3that is the primary language of at least 5% of the patients
4served by the hospital annually.
5    (d) Each hospital that has a website must post a notice in
6a prominent place on its website that financial assistance is
7available at the hospital, a description of the financial
8assistance application process, and a copy of the financial
9assistance application.
10    (e) Within 180 days after the effective date of this
11amendatory Act of the 101st General Assembly, each Each
12hospital must make available information regarding financial
13assistance from the hospital in the form of either a brochure,
14an application for financial assistance, or other written or
15electronic material in the emergency room, material in the
16hospital admission, or registration area.
17(Source: P.A. 94-885, eff. 1-1-07.)
 
18    Section 15-16. The Health Care Violence Prevention Act is
19amended by changing Section 15 as follows:
 
20    (210 ILCS 160/15)
21    Sec. 15. Workplace safety.
22    (a) A health care worker who contacts law enforcement or
23files a report with law enforcement against a patient or
24individual because of workplace violence shall provide notice

 

 

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1to management of the health care provider by which he or she is
2employed within 3 days after contacting law enforcement or
3filing the report.
4    (b) No management of a health care provider may discourage
5a health care worker from exercising his or her right to
6contact law enforcement or file a report with law enforcement
7because of workplace violence.
8    (c) A health care provider that employs a health care
9worker shall display a notice, either by physical or electronic
10means, stating that verbal aggression will not be tolerated and
11physical assault will be reported to law enforcement.
12    (d) The health care provider shall offer immediate
13post-incident services for a health care worker directly
14involved in a workplace violence incident caused by patients or
15their visitors, including acute treatment and access to
16psychological evaluation.
17(Source: P.A. 100-1051, eff. 1-1-19.)
 
18    Section 15-17. The Medical Patient Rights Act is amended by
19changing Sections 3.4 and 5.2 as follows:
 
20    (410 ILCS 50/3.4)
21    Sec. 3.4. Rights of women; pregnancy and childbirth.
22    (a) In addition to any other right provided under this Act,
23every woman has the following rights with regard to pregnancy
24and childbirth:

 

 

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1        (1) The right to receive health care before, during,
2    and after pregnancy and childbirth.
3        (2) The right to receive care for her and her infant
4    that is consistent with generally accepted medical
5    standards.
6        (3) The right to choose a certified nurse midwife or
7    physician as her maternity care professional.
8        (4) The right to choose her birth setting from the full
9    range of birthing options available in her community.
10        (5) The right to leave her maternity care professional
11    and select another if she becomes dissatisfied with her
12    care, except as otherwise provided by law.
13        (6) The right to receive information about the names of
14    those health care professionals involved in her care.
15        (7) The right to privacy and confidentiality of
16    records, except as provided by law.
17        (8) The right to receive information concerning her
18    condition and proposed treatment, including methods of
19    relieving pain.
20        (9) The right to accept or refuse any treatment, to the
21    extent medically possible.
22        (10) The right to be informed if her caregivers wish to
23    enroll her or her infant in a research study in accordance
24    with Section 3.1 of this Act.
25        (11) The right to access her medical records in
26    accordance with Section 8-2001 of the Code of Civil

 

 

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1    Procedure.
2        (12) The right to receive information in a language in
3    which she can communicate in accordance with federal law.
4        (13) The right to receive emotional and physical
5    support during labor and birth.
6        (14) The right to freedom of movement during labor and
7    to give birth in the position of her choice, within
8    generally accepted medical standards.
9        (15) The right to contact with her newborn, except
10    where necessary care must be provided to the mother or
11    infant.
12        (16) The right to receive information about
13    breastfeeding.
14        (17) The right to decide collaboratively with
15    caregivers when she and her baby will leave the birth site
16    for home, based on their conditions and circumstances.
17        (18) The right to be treated with respect at all times
18    before, during, and after pregnancy by her health care
19    professionals.
20        (19) The right of each patient, regardless of source of
21    payment, to examine and receive a reasonable explanation of
22    her total bill for services rendered by her maternity care
23    professional or health care provider, including itemized
24    charges for specific services received. Each maternity
25    care professional or health care provider shall be
26    responsible only for a reasonable explanation of those

 

 

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1    specific services provided by the maternity care
2    professional or health care provider.
3    (b) The Department of Public Health, Department of
4Healthcare and Family Services, Department of Children and
5Family Services, and Department of Human Services shall post,
6either by physical or electronic means, information about these
7rights on their publicly available websites. Every health care
8provider, day care center licensed under the Child Care Act of
91969, Head Start, and community center shall post information
10about these rights in a prominent place and on their websites,
11if applicable.
12    (c) The Department of Public Health shall adopt rules to
13implement this Section.
14    (d) Nothing in this Section or any rules adopted under
15subsection (c) shall be construed to require a physician,
16health care professional, hospital, hospital affiliate, or
17health care provider to provide care inconsistent with
18generally accepted medical standards or available capabilities
19or resources.
20(Source: P.A. 101-445, eff. 1-1-20.)
 
21    (410 ILCS 50/5.2)
22    Sec. 5.2. Emergency room anti-discrimination notice. Every
23hospital shall post, either by physical or electronic means, a
24sign next to or in close proximity of its sign required by
25Section 489.20 (q)(1) of Title 42 of the Code of Federal

 

 

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1Regulations stating the following:
2    "You have the right not to be discriminated against by the
3hospital due to your race, color, or national origin if these
4characteristics are unrelated to your diagnosis or treatment.
5If you believe this right has been violated, please call
6(insert number for hospital grievance officer).".
7(Source: P.A. 97-485, eff. 8-22-11.)
 
8    Section 15-20. The Smoke Free Illinois Act is amended by
9changing Section 20 as follows:
 
10    (410 ILCS 82/20)
11    Sec. 20. Posting of signs; removal of ashtrays.
12    (a) "No Smoking" signs or the international "No Smoking"
13symbol, consisting of a pictorial representation of a burning
14cigarette enclosed in a red circle with a red bar across it,
15shall be clearly and conspicuously posted in each public place
16and place of employment where smoking is prohibited by this Act
17by the owner, operator, manager, or other person in control of
18that place. When the public place or place of employment is a
19health care facility, the "No Smoking" sign or symbol may be
20posted by electronic means.
21    (b) Each public place and place of employment where smoking
22is prohibited by this Act shall have posted at every entrance a
23conspicuous sign clearly stating that smoking is prohibited.
24When the public place or place of employment is a health care

 

 

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1facility, the sign may be posted by electronic means.
2    (c) All ashtrays shall be removed from any area where
3smoking is prohibited by this Act by the owner, operator,
4manager, or other person having control of the area.
5(Source: P.A. 95-17, eff. 1-1-08.)
 
6    Section 15-25. The Abandoned Newborn Infant Protection Act
7is amended by changing Section 22 as follows:
 
8    (325 ILCS 2/22)
9    Sec. 22. Signs. Every hospital, fire station, emergency
10medical facility, and police station that is required to accept
11a relinquished newborn infant in accordance with this Act must
12post, either by physical or electronic means, a sign in a
13conspicuous place on the exterior of the building housing the
14facility informing persons that a newborn infant may be
15relinquished at the facility in accordance with this Act. The
16Department shall prescribe specifications for the signs and for
17their placement that will ensure statewide uniformity.
18    This Section does not apply to a hospital, fire station,
19emergency medical facility, or police station that has a sign
20that is consistent with the requirements of this Section that
21is posted on the effective date of this amendatory Act of the
2295th General Assembly.
23(Source: P.A. 95-275, eff. 8-17-07.)
 

 

 

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1    Section 15-30. The Crime Victims Compensation Act is
2amended by changing Section 5.1 as follows:
 
3    (740 ILCS 45/5.1)  (from Ch. 70, par. 75.1)
4    Sec. 5.1. (a) Every hospital licensed under the laws of
5this State shall display prominently in its emergency room
6posters giving notification of the existence and general
7provisions of this Act. The posters may be displayed by
8physical or electronic means. Such posters shall be provided by
9the Attorney General.
10    (b) Any law enforcement agency that investigates an offense
11committed in this State shall inform the victim of the offense
12or his dependents concerning the availability of an award of
13compensation and advise such persons that any information
14concerning this Act and the filing of a claim may be obtained
15from the office of the Attorney General.
16(Source: P.A. 81-1013.)
 
17    Section 15-35. The Human Trafficking Resource Center
18Notice Act is amended by changing Sections 5 and 10 as follows:
 
19    (775 ILCS 50/5)
20    Sec. 5. Posted notice required.
21    (a) Each of the following businesses and other
22establishments shall, upon the availability of the model notice
23described in Section 15 of this Act, post a notice that

 

 

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1complies with the requirements of this Act in a conspicuous
2place near the public entrance of the establishment or in
3another conspicuous location in clear view of the public and
4employees where similar notices are customarily posted:
5        (1) On premise consumption retailer licensees under
6    the Liquor Control Act of 1934 where the sale of alcoholic
7    liquor is the principal business carried on by the licensee
8    at the premises and primary to the sale of food.
9        (2) Adult entertainment facilities, as defined in
10    Section 5-1097.5 of the Counties Code.
11        (3) Primary airports, as defined in Section 47102(16)
12    of Title 49 of the United States Code.
13        (4) Intercity passenger rail or light rail stations.
14        (5) Bus stations.
15        (6) Truck stops. For purposes of this Act, "truck stop"
16    means a privately-owned and operated facility that
17    provides food, fuel, shower or other sanitary facilities,
18    and lawful overnight truck parking.
19        (7) Emergency rooms within general acute care
20    hospitals, in which case the notice may be posted by
21    electronic means.
22        (8) Urgent care centers, in which case the notice may
23    be posted by electronic means.
24        (9) Farm labor contractors. For purposes of this Act,
25    "farm labor contractor" means: (i) any person who for a fee
26    or other valuable consideration recruits, supplies, or

 

 

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1    hires, or transports in connection therewith, into or
2    within the State, any farmworker not of the contractor's
3    immediate family to work for, or under the direction,
4    supervision, or control of, a third person; or (ii) any
5    person who for a fee or other valuable consideration
6    recruits, supplies, or hires, or transports in connection
7    therewith, into or within the State, any farmworker not of
8    the contractor's immediate family, and who for a fee or
9    other valuable consideration directs, supervises, or
10    controls all or any part of the work of the farmworker or
11    who disburses wages to the farmworker. However, "farm labor
12    contractor" does not include full-time regular employees
13    of food processing companies when the employees are engaged
14    in recruiting for the companies if those employees are not
15    compensated according to the number of farmworkers they
16    recruit.
17        (10) Privately-operated job recruitment centers.
18        (11) Massage establishments. As used in this Act,
19    "massage establishment" means a place of business in which
20    any method of massage therapy is administered or practiced
21    for compensation. "Massage establishment" does not
22    include: an establishment at which persons licensed under
23    the Medical Practice Act of 1987, the Illinois Physical
24    Therapy Act, or the Naprapathic Practice Act engage in
25    practice under one of those Acts; a business owned by a
26    sole licensed massage therapist; or a cosmetology or

 

 

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1    esthetics salon registered under the Barber, Cosmetology,
2    Esthetics, Hair Braiding, and Nail Technology Act of 1985.
3    (b) The Department of Transportation shall, upon the
4availability of the model notice described in Section 15 of
5this Act, post a notice that complies with the requirements of
6this Act in a conspicuous place near the public entrance of
7each roadside rest area or in another conspicuous location in
8clear view of the public and employees where similar notices
9are customarily posted.
10    (c) The owner of a hotel or motel shall, upon the
11availability of the model notice described in Section 15 of
12this Act, post a notice that complies with the requirements of
13this Act in a conspicuous and accessible place in or about the
14premises in clear view of the employees where similar notices
15are customarily posted.
16    (d) The organizer of a public gathering or special event
17that is conducted on property open to the public and requires
18the issuance of a permit from the unit of local government
19shall post a notice that complies with the requirements of this
20Act in a conspicuous and accessible place in or about the
21premises in clear view of the public and employees where
22similar notices are customarily posted.
23    (e) The administrator of a public or private elementary
24school or public or private secondary school shall post a
25printout of the downloadable notice provided by the Department
26of Human Services under Section 15 that complies with the

 

 

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1requirements of this Act in a conspicuous and accessible place
2chosen by the administrator in the administrative office or
3another location in view of school employees. School districts
4and personnel are not subject to the penalties provided under
5subsection (a) of Section 20.
6    (f) The owner of an establishment registered under the
7Tattoo and Body Piercing Establishment Registration Act shall
8post a notice that complies with the requirements of this Act
9in a conspicuous and accessible place in clear view of
10establishment employees.
11(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17; 100-671,
12eff. 1-1-19.)
 
13    (775 ILCS 50/10)
14    Sec. 10. Form of posted notice.
15    (a) The notice required under this Act shall be at least 8
161/2 inches by 11 inches in size, written in a 16-point font,
17except that when the notice is provided by electronic means the
18size of the notice and font shall not be required to comply
19with these specifications, and shall state the following:
 
20"If you or someone you know is being forced to engage in any
21activity and cannot leave, whether it is commercial sex,
22housework, farm work, construction, factory, retail, or
23restaurant work, or any other activity, call the National Human
24Trafficking Resource Center at 1-888-373-7888 to access help

 

 

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1and services.
 
2Victims of slavery and human trafficking are protected under
3United States and Illinois law. The hotline is:
4        * Available 24 hours a day, 7 days a week.
5        * Toll-free.
6        * Operated by nonprofit nongovernmental organizations.
7        * Anonymous and confidential.
8        * Accessible in more than 160 languages.
9        * Able to provide help, referral to services, training,
10    and general information.".
 
11    (b) The notice shall be printed in English, Spanish, and in
12one other language that is the most widely spoken language in
13the county where the establishment is located and for which
14translation is mandated by the federal Voting Rights Act, as
15applicable. This subsection does not require a business or
16other establishment in a county where a language other than
17English or Spanish is the most widely spoken language to print
18the notice in more than one language in addition to English and
19Spanish.
20(Source: P.A. 99-99, eff. 1-1-16.)
 
21
Article 20.

 
22    Section 20-5. The University of Illinois Hospital Act is

 

 

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1amended by adding Section 8d as follows:
 
2    (110 ILCS 330/8d new)
3    Sec. 8d. N95 masks. The University of Illinois Hospital
4shall provide N95 masks to physicians licensed under the
5Medical Practice Act of 1987, registered nurses and advanced
6practice registered nurses licensed under the Nurse Licensing
7Act, and other employees, to the extent the hospital determines
8that the physician, registered nurse, advanced practice
9registered nurse, or other employee is required to have such a
10mask to serve patients of the hospital, in accordance with the
11policies, guidance, and recommendations of State and federal
12public health and infection control authorities and taking into
13consideration the limitations on access to N95 masks caused by
14disruptions in local, State, national, and international
15supply chains; however, nothing in this Section shall be
16construed to impose any new duty or obligation on the hospital
17that is greater than that imposed under State and federal laws
18in effect on the effective date of this amendatory Act of the
19101st General Assembly. This Section is repealed on December
2031, 2021.
 
21    Section 20-10. The Hospital Licensing Act is amended by
22adding Section 6.28 as follows:
 
23    (210 ILCS 85/6.28 new)

 

 

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1    Sec. 6.28. N95 masks. A hospital licensed under this Act
2shall provide N95 masks to physicians licensed under the
3Medical Practice Act of 1987, registered nurses and advanced
4practice registered nurses licensed under the Nurse Licensing
5Act, and other employees, to the extent the hospital determines
6that the physician, registered nurse, advanced practice
7registered nurse, or other employee is required to have such a
8mask to serve patients of the hospital, in accordance with the
9policies, guidance, and recommendations of State and federal
10public health and infection control authorities and taking into
11consideration the limitations on access to N95 masks caused by
12disruptions in local, State, national, and international
13supply chains; however, nothing in this Section shall be
14construed to impose any new duty or obligation on the hospital
15that is greater than that imposed under State and federal laws
16in effect on the effective date of this amendatory Act of the
17101st General Assembly. This Section is repealed on December
1831, 2021.
 
19
Article 35.

 
20    Section 35-5. The Illinois Public Aid Code is amended by
21changing Section 5-5.05 as follows:
 
22    (305 ILCS 5/5-5.05)
23    Sec. 5-5.05. Hospitals; psychiatric services.

 

 

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1    (a) On and after July 1, 2008, the inpatient, per diem rate
2to be paid to a hospital for inpatient psychiatric services
3shall be $363.77.
4    (b) For purposes of this Section, "hospital" means the
5following:
6        (1) Advocate Christ Hospital, Oak Lawn, Illinois.
7        (2) Barnes-Jewish Hospital, St. Louis, Missouri.
8        (3) BroMenn Healthcare, Bloomington, Illinois.
9        (4) Jackson Park Hospital, Chicago, Illinois.
10        (5) Katherine Shaw Bethea Hospital, Dixon, Illinois.
11        (6) Lawrence County Memorial Hospital, Lawrenceville,
12    Illinois.
13        (7) Advocate Lutheran General Hospital, Park Ridge,
14    Illinois.
15        (8) Mercy Hospital and Medical Center, Chicago,
16    Illinois.
17        (9) Methodist Medical Center of Illinois, Peoria,
18    Illinois.
19        (10) Provena United Samaritans Medical Center,
20    Danville, Illinois.
21        (11) Rockford Memorial Hospital, Rockford, Illinois.
22        (12) Sarah Bush Lincoln Health Center, Mattoon,
23    Illinois.
24        (13) Provena Covenant Medical Center, Urbana,
25    Illinois.
26        (14) Rush-Presbyterian-St. Luke's Medical Center,

 

 

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1    Chicago, Illinois.
2        (15) Mt. Sinai Hospital, Chicago, Illinois.
3        (16) Gateway Regional Medical Center, Granite City,
4    Illinois.
5        (17) St. Mary of Nazareth Hospital, Chicago, Illinois.
6        (18) Provena St. Mary's Hospital, Kankakee, Illinois.
7        (19) St. Mary's Hospital, Decatur, Illinois.
8        (20) Memorial Hospital, Belleville, Illinois.
9        (21) Swedish Covenant Hospital, Chicago, Illinois.
10        (22) Trinity Medical Center, Rock Island, Illinois.
11        (23) St. Elizabeth Hospital, Chicago, Illinois.
12        (24) Richland Memorial Hospital, Olney, Illinois.
13        (25) St. Elizabeth's Hospital, Belleville, Illinois.
14        (26) Samaritan Health System, Clinton, Iowa.
15        (27) St. John's Hospital, Springfield, Illinois.
16        (28) St. Mary's Hospital, Centralia, Illinois.
17        (29) Loretto Hospital, Chicago, Illinois.
18        (30) Kenneth Hall Regional Hospital, East St. Louis,
19    Illinois.
20        (31) Hinsdale Hospital, Hinsdale, Illinois.
21        (32) Pekin Hospital, Pekin, Illinois.
22        (33) University of Chicago Medical Center, Chicago,
23    Illinois.
24        (34) St. Anthony's Health Center, Alton, Illinois.
25        (35) OSF St. Francis Medical Center, Peoria, Illinois.
26        (36) Memorial Medical Center, Springfield, Illinois.

 

 

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1        (37) A hospital with a distinct part unit for
2    psychiatric services that begins operating on or after July
3    1, 2008.
4    For purposes of this Section, "inpatient psychiatric
5services" means those services provided to patients who are in
6need of short-term acute inpatient hospitalization for active
7treatment of an emotional or mental disorder.
8    (b-5) Notwithstanding any other provision of this Section,
9the inpatient, per diem rate to be paid to all safety-net
10hospitals for inpatient psychiatric services on and after
11January 1, 2021 shall be at least $630.
12    (c) No rules shall be promulgated to implement this
13Section. For purposes of this Section, "rules" is given the
14meaning contained in Section 1-70 of the Illinois
15Administrative Procedure Act.
16    (d) This Section shall not be in effect during any period
17of time that the State has in place a fully operational
18hospital assessment plan that has been approved by the Centers
19for Medicare and Medicaid Services of the U.S. Department of
20Health and Human Services.
21    (e) On and after July 1, 2012, the Department shall reduce
22any rate of reimbursement for services or other payments or
23alter any methodologies authorized by this Code to reduce any
24rate of reimbursement for services or other payments in
25accordance with Section 5-5e.
26(Source: P.A. 97-689, eff. 6-14-12.)
 

 

 

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1
Title IV. Medical Implicit Bias

 
2
Article 45.

 
3    Section 45-5. The Department of Professional Regulation
4Law of the Civil Administrative Code of Illinois is amended by
5adding Section 2105-15.7 as follows:
 
6    (20 ILCS 2105/2105-15.7 new)
7    Sec. 2105-15.7. Implicit bias awareness training.
8    (a) As used in this Section, "health care professional"
9means a person licensed or registered by the Department of
10Financial and Professional Regulation under the following
11Acts: Medical Practice Act of 1987, Nurse Practice Act,
12Clinical Psychologist Licensing Act, Illinois Dental Practice
13Act, Illinois Optometric Practice Act of 1987, Pharmacy
14Practice Act, Illinois Physical Therapy Act, Physician
15Assistant Practice Act of 1987, Acupuncture Practice Act,
16Illinois Athletic Trainers Practice Act, Clinical Social Work
17and Social Work Practice Act, Dietitian Nutritionist Practice
18Act, Home Medical Equipment and Services Provider License Act,
19Naprapathic Practice Act, Nursing Home Administrators
20Licensing and Disciplinary Act, Illinois Occupational Therapy
21Practice Act, Illinois Optometric Practice Act of 1987,
22Podiatric Medical Practice Act of 1987, Respiratory Care

 

 

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1Practice Act, Professional Counselor and Clinical Professional
2Counselor Licensing and Practice Act, Sex Offender Evaluation
3and Treatment Provider Act, Illinois Speech-Language Pathology
4and Audiology Practice Act, Perfusionist Practice Act,
5Registered Surgical Assistant and Registered Surgical
6Technologist Title Protection Act, and Genetic Counselor
7Licensing Act.
8    (b) For license or registration renewals occurring on or
9after January 1, 2022, a health care professional who has
10continuing education requirements must complete at least a
11one-hour course in training on implicit bias awareness per
12renewal period. A health care professional may count this one
13hour for completion of this course toward meeting the minimum
14credit hours required for continuing education. Any training on
15implicit bias awareness applied to meet any other State
16licensure requirement, professional accreditation or
17certification requirement, or health care institutional
18practice agreement may count toward the one-hour requirement
19under this Section.
20    (c) The Department may adopt rules for the implementation
21of this Section.
 
22
Title V. Substance Abuse and Mental Health Treatment

 
23
Article 50.

 

 

 

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1    Section 50-5. The Illinois Controlled Substances Act is
2amended by changing Section 414 as follows:
 
3    (720 ILCS 570/414)
4    Sec. 414. Overdose; limited immunity from prosecution.
5    (a) For the purposes of this Section, "overdose" means a
6controlled substance-induced physiological event that results
7in a life-threatening emergency to the individual who ingested,
8inhaled, injected or otherwise bodily absorbed a controlled,
9counterfeit, or look-alike substance or a controlled substance
10analog.
11    (b) A person who, in good faith, seeks or obtains emergency
12medical assistance for someone experiencing an overdose shall
13not be arrested, charged, or prosecuted for a violation of
14Section 401 or 402 of the Illinois Controlled Substances Act,
15Section 3.5 of the Drug Paraphernalia Control Act, Section 55
16or 60 of the Methamphetamine Control and Community Protection
17Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph
18(1) of subsection (g) of Section 12-3.05 of the Criminal Code
19of 2012 Class 4 felony possession of a controlled, counterfeit,
20or look-alike substance or a controlled substance analog if
21evidence for the violation Class 4 felony possession charge was
22acquired as a result of the person seeking or obtaining
23emergency medical assistance and providing the amount of
24substance recovered is within the amount identified in
25subsection (d) of this Section. The violations listed in this

 

 

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1subsection (b) must not serve as the sole basis of a violation
2of parole, mandatory supervised release, probation, or
3conditional discharge, or any seizure of property under any
4State law authorizing civil forfeiture so long as the evidence
5for the violation was acquired as a result of the person
6seeking or obtaining emergency medical assistance in the event
7of an overdose.
8    (c) A person who is experiencing an overdose shall not be
9arrested, charged, or prosecuted for a violation of Section 401
10or 402 of the Illinois Controlled Substances Act, Section 3.5
11of the Drug Paraphernalia Control Act, Section 9-3.3 of the
12Criminal Code of 2012, or paragraph (1) of subsection (g) of
13Section 12-3.05 of the Criminal Code of 2012 Class 4 felony
14possession of a controlled, counterfeit, or look-alike
15substance or a controlled substance analog if evidence for the
16violation Class 4 felony possession charge was acquired as a
17result of the person seeking or obtaining emergency medical
18assistance and providing the amount of substance recovered is
19within the amount identified in subsection (d) of this Section.
20The violations listed in this subsection (c) must not serve as
21the sole basis of a violation of parole, mandatory supervised
22release, probation, or conditional discharge, or any seizure of
23property under any State law authorizing civil forfeiture so
24long as the evidence for the violation was acquired as a result
25of the person seeking or obtaining emergency medical assistance
26in the event of an overdose.

 

 

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1    (d) For the purposes of subsections (b) and (c), the
2limited immunity shall only apply to a person possessing the
3following amount:
4        (1) less than 3 grams of a substance containing heroin;
5        (2) less than 3 grams of a substance containing
6    cocaine;
7        (3) less than 3 grams of a substance containing
8    morphine;
9        (4) less than 40 grams of a substance containing
10    peyote;
11        (5) less than 40 grams of a substance containing a
12    derivative of barbituric acid or any of the salts of a
13    derivative of barbituric acid;
14        (6) less than 40 grams of a substance containing
15    amphetamine or any salt of an optical isomer of
16    amphetamine;
17        (7) less than 3 grams of a substance containing
18    lysergic acid diethylamide (LSD), or an analog thereof;
19        (8) less than 6 grams of a substance containing
20    pentazocine or any of the salts, isomers and salts of
21    isomers of pentazocine, or an analog thereof;
22        (9) less than 6 grams of a substance containing
23    methaqualone or any of the salts, isomers and salts of
24    isomers of methaqualone;
25        (10) less than 6 grams of a substance containing
26    phencyclidine or any of the salts, isomers and salts of

 

 

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1    isomers of phencyclidine (PCP);
2        (11) less than 6 grams of a substance containing
3    ketamine or any of the salts, isomers and salts of isomers
4    of ketamine;
5        (12) less than 40 grams of a substance containing a
6    substance classified as a narcotic drug in Schedules I or
7    II, or an analog thereof, which is not otherwise included
8    in this subsection.
9    (e) The limited immunity described in subsections (b) and
10(c) of this Section shall not be extended if law enforcement
11has reasonable suspicion or probable cause to detain, arrest,
12or search the person described in subsection (b) or (c) of this
13Section for criminal activity and the reasonable suspicion or
14probable cause is based on information obtained prior to or
15independent of the individual described in subsection (b) or
16(c) taking action to seek or obtain emergency medical
17assistance and not obtained as a direct result of the action of
18seeking or obtaining emergency medical assistance. Nothing in
19this Section is intended to interfere with or prevent the
20investigation, arrest, or prosecution of any person for the
21delivery or distribution of cannabis, methamphetamine or other
22controlled substances, drug-induced homicide, or any other
23crime if the evidence of the violation is not acquired as a
24result of the person seeking or obtaining emergency medical
25assistance in the event of an overdose.
26(Source: P.A. 97-678, eff. 6-1-12.)
 

 

 

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1    Section 50-10. The Methamphetamine Control and Community
2Protection Act is amended by changing Section 115 as follows:
 
3    (720 ILCS 646/115)
4    Sec. 115. Overdose; limited immunity from prosecution.
5    (a) For the purposes of this Section, "overdose" means a
6methamphetamine-induced physiological event that results in a
7life-threatening emergency to the individual who ingested,
8inhaled, injected, or otherwise bodily absorbed
9methamphetamine.
10    (b) A person who, in good faith, seeks emergency medical
11assistance for someone experiencing an overdose shall not be
12arrested, charged or prosecuted for a violation of Section 55
13or 60 of this Act or Section 3.5 of the Drug Paraphernalia
14Control Act, Section 9-3.3 of the Criminal Code of 2012, or
15paragraph (1) of subsection (g) of Section 12-3.05 of the
16Criminal Code of 2012 Class 3 felony possession of
17methamphetamine if evidence for the violation Class 3 felony
18possession charge was acquired as a result of the person
19seeking or obtaining emergency medical assistance and
20providing the amount of substance recovered is less than 3
21grams one gram of methamphetamine or a substance containing
22methamphetamine. The violations listed in this subsection (b)
23must not serve as the sole basis of a violation of parole,
24mandatory supervised release, probation, or conditional

 

 

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1discharge, or any seizure of property under any State law
2authorizing civil forfeiture so long as the evidence for the
3violation was acquired as a result of the person seeking or
4obtaining emergency medical assistance in the event of an
5overdose.
6    (c) A person who is experiencing an overdose shall not be
7arrested, charged, or prosecuted for a violation of Section 55
8or 60 of this Act or Section 3.5 of the Drug Paraphernalia
9Control Act, Section 9-3.3 of the Criminal Code of 2012, or
10paragraph (1) of subsection (g) of Section 12-3.05 of the
11Criminal Code of 2012 Class 3 felony possession of
12methamphetamine if evidence for the Class 3 felony possession
13charge was acquired as a result of the person seeking or
14obtaining emergency medical assistance and providing the
15amount of substance recovered is less than one gram of
16methamphetamine or a substance containing methamphetamine. The
17violations listed in this subsection (c) must not serve as the
18sole basis of a violation of parole, mandatory supervised
19release, probation, or conditional discharge, or any seizure of
20property under any State law authorizing civil forfeiture so
21long as the evidence for the violation was acquired as a result
22of the person seeking or obtaining emergency medical assistance
23in the event of an overdose.
24    (d) The limited immunity described in subsections (b) and
25(c) of this Section shall not be extended if law enforcement
26has reasonable suspicion or probable cause to detain, arrest,

 

 

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1or search the person described in subsection (b) or (c) of this
2Section for criminal activity and the reasonable suspicion or
3probable cause is based on information obtained prior to or
4independent of the individual described in subsection (b) or
5(c) taking action to seek or obtain emergency medical
6assistance and not obtained as a direct result of the action of
7seeking or obtaining emergency medical assistance. Nothing in
8this Section is intended to interfere with or prevent the
9investigation, arrest, or prosecution of any person for the
10delivery or distribution of cannabis, methamphetamine or other
11controlled substances, drug-induced homicide, or any other
12crime if the evidence of the violation is not acquired as a
13result of the person seeking or obtaining emergency medical
14assistance in the event of an overdose.
15(Source: P.A. 97-678, eff. 6-1-12.)
 
16
Article 55.

 
17    Section 55-5. The Illinois Controlled Substances Act is
18amended by changing Section 316 as follows:
 
19    (720 ILCS 570/316)
20    Sec. 316. Prescription Monitoring Program.
21    (a) The Department must provide for a Prescription
22Monitoring Program for Schedule II, III, IV, and V controlled
23substances that includes the following components and

 

 

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1requirements:
2        (1) The dispenser must transmit to the central
3    repository, in a form and manner specified by the
4    Department, the following information:
5            (A) The recipient's name and address.
6            (B) The recipient's date of birth and gender.
7            (C) The national drug code number of the controlled
8        substance dispensed.
9            (D) The date the controlled substance is
10        dispensed.
11            (E) The quantity of the controlled substance
12        dispensed and days supply.
13            (F) The dispenser's United States Drug Enforcement
14        Administration registration number.
15            (G) The prescriber's United States Drug
16        Enforcement Administration registration number.
17            (H) The dates the controlled substance
18        prescription is filled.
19            (I) The payment type used to purchase the
20        controlled substance (i.e. Medicaid, cash, third party
21        insurance).
22            (J) The patient location code (i.e. home, nursing
23        home, outpatient, etc.) for the controlled substances
24        other than those filled at a retail pharmacy.
25            (K) Any additional information that may be
26        required by the department by administrative rule,

 

 

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1        including but not limited to information required for
2        compliance with the criteria for electronic reporting
3        of the American Society for Automation and Pharmacy or
4        its successor.
5        (2) The information required to be transmitted under
6    this Section must be transmitted not later than the end of
7    the next business day after the date on which a controlled
8    substance is dispensed, or at such other time as may be
9    required by the Department by administrative rule.
10        (3) A dispenser must transmit the information required
11    under this Section by:
12            (A) an electronic device compatible with the
13        receiving device of the central repository;
14            (B) a computer diskette;
15            (C) a magnetic tape; or
16            (D) a pharmacy universal claim form or Pharmacy
17        Inventory Control form.
18        (3.5) The requirements of paragraphs (1), (2), and (3)
19    of this subsection (a) also apply to opioid treatment
20    programs that prescribe Schedule II, III, IV, or V
21    controlled substances for the treatment of opioid use
22    disorder.
23        (4) The Department may impose a civil fine of up to
24    $100 per day for willful failure to report controlled
25    substance dispensing to the Prescription Monitoring
26    Program. The fine shall be calculated on no more than the

 

 

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1    number of days from the time the report was required to be
2    made until the time the problem was resolved, and shall be
3    payable to the Prescription Monitoring Program.
4    (a-5) Notwithstanding subsection (a), a licensed
5veterinarian is exempt from the reporting requirements of this
6Section. If a person who is presenting an animal for treatment
7is suspected of fraudulently obtaining any controlled
8substance or prescription for a controlled substance, the
9licensed veterinarian shall report that information to the
10local law enforcement agency.
11    (b) The Department, by rule, may include in the
12Prescription Monitoring Program certain other select drugs
13that are not included in Schedule II, III, IV, or V. The
14Prescription Monitoring Program does not apply to controlled
15substance prescriptions as exempted under Section 313.
16    (c) The collection of data on select drugs and scheduled
17substances by the Prescription Monitoring Program may be used
18as a tool for addressing oversight requirements of long-term
19care institutions as set forth by Public Act 96-1372. Long-term
20care pharmacies shall transmit patient medication profiles to
21the Prescription Monitoring Program monthly or more frequently
22as established by administrative rule.
23    (d) The Department of Human Services shall appoint a
24full-time Clinical Director of the Prescription Monitoring
25Program.
26    (e) (Blank).

 

 

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1    (f) Within one year of January 1, 2018 (the effective date
2of Public Act 100-564), the Department shall adopt rules
3requiring all Electronic Health Records Systems to interface
4with the Prescription Monitoring Program application program
5on or before January 1, 2021 to ensure that all providers have
6access to specific patient records during the treatment of
7their patients. These rules shall also address the electronic
8integration of pharmacy records with the Prescription
9Monitoring Program to allow for faster transmission of the
10information required under this Section. The Department shall
11establish actions to be taken if a prescriber's Electronic
12Health Records System does not effectively interface with the
13Prescription Monitoring Program within the required timeline.
14    (g) The Department, in consultation with the Advisory
15Committee, shall adopt rules allowing licensed prescribers or
16pharmacists who have registered to access the Prescription
17Monitoring Program to authorize a licensed or non-licensed
18designee employed in that licensed prescriber's office or a
19licensed designee in a licensed pharmacist's pharmacy who has
20received training in the federal Health Insurance Portability
21and Accountability Act to consult the Prescription Monitoring
22Program on their behalf. The rules shall include reasonable
23parameters concerning a practitioner's authority to authorize
24a designee, and the eligibility of a person to be selected as a
25designee. In this subsection (g), "pharmacist" shall include a
26clinical pharmacist employed by and designated by a Medicaid

 

 

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1Managed Care Organization providing services under Article V of
2the Illinois Public Aid Code under a contract with the
3Department of Healthcare and Family Services for the sole
4purpose of clinical review of services provided to persons
5covered by the entity under the contract to determine
6compliance with subsections (a) and (b) of Section 314.5 of
7this Act. A managed care entity pharmacist shall notify
8prescribers of review activities.
9(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
10100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
117-12-19; 101-414, eff. 8-16-19.)
 
12
Article 60.

 
13    Section 60-5. The Adult Protective Services Act is amended
14by adding Section 3.1 as follows:
 
15    (320 ILCS 20/3.1 new)
16    Sec. 3.1. Adult protective services dementia training.
17    (a) This Section shall apply to any person who is employed
18by the Department in the Adult Protective Services division who
19works on the development and implementation of social services
20to respond to and prevent adult abuse, neglect, or
21exploitation, subject to or until specific appropriations
22become available.
23    (b) The Department shall develop and implement a dementia

 

 

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1training program that must include instruction on the
2identification of people with dementia, risks such as
3wandering, communication impairments, elder abuse, and the
4best practices for interacting with people with dementia.
5    (c) Initial training of 4 hours shall be completed at the
6start of employment with the Adult Protective Services division
7and shall cover the following:
8        (1) Dementia, psychiatric, and behavioral symptoms.
9        (2) Communication issues, including how to communicate
10    respectfully and effectively.
11        (3) Techniques for understanding and approaching
12    behavioral symptoms.
13        (4) Information on how to address specific aspects of
14    safety, for example tips to prevent wandering.
15        (5) When it is necessary to alert law enforcement
16    agencies of potential criminal behavior involving a family
17    member, caretaker, or institutional abuse; neglect or
18    exploitation of a person with dementia; and what types of
19    abuse that are most common to people with dementia.
20        (6) Identifying incidents of self-neglect for people
21    with dementia who live alone as well as neglect by a
22    caregiver.
23        (7) Protocols for connecting people living with
24    dementia to local care resources and professionals who are
25    skilled in dementia care to encourage cross-referral and
26    reporting regarding incidents of abuse.

 

 

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1    (d) Annual continuing education shall include 2 hours of
2dementia training covering the subjects described in
3subsection (c).
4    (e) This Section is designed to address gaps in current
5dementia training requirements for Adult Protective Services
6officials and improve the quality of training. If currently
7existing law or rules contain more rigorous training
8requirements for Adult Protective Service officials, those
9laws or rules shall apply. Where there is overlap between this
10Section and other laws and rules, the Department shall
11interpret this Section to avoid duplication of requirements
12while ensuring that the minimum requirements set in this
13Section are met.
14    (f) The Department may adopt rules for the administration
15of this Section.
 
16
Article 65.

 
17    Section 65-1. Short title. This Article may be cited as the
18Behavioral Health Workforce Education Center of Illinois Act.
19References in this Article to "this Act" mean this Article.
 
20    Section 65-5. Findings. The General Assembly finds as
21follows:
22        (1) There are insufficient behavioral health
23    professionals in this State's behavioral health workforce

 

 

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1    and further that there are insufficient behavioral health
2    professionals trained in evidence-based practices.
3        (2) The Illinois behavioral health workforce situation
4    is at a crisis state and the lack of a behavioral health
5    strategy is exacerbating the problem.
6        (3) In 2019, the Journal of Community Health found that
7    suicide rates are disproportionately higher among African
8    American adolescents. From 2001 to 2017, the rate for
9    African American teen boys rose 60%, according to the
10    study. Among African American teen girls, rates nearly
11    tripled, rising by an astounding 182%. Illinois was among
12    the 10 states with the greatest number of African American
13    adolescent suicides (2015-2017).
14        (4) Workforce shortages are evident in all behavioral
15    health professions, including, but not limited to,
16    psychiatry, psychiatric nursing, psychiatric physician
17    assistant, social work (licensed social work, licensed
18    clinical social work), counseling (licensed professional
19    counseling, licensed clinical professional counseling),
20    marriage and family therapy, licensed clinical psychology,
21    occupational therapy, prevention, substance use disorder
22    counseling, and peer support.
23        (5) The shortage of behavioral health practitioners
24    affects every Illinois county, every group of people with
25    behavioral health needs, including children and
26    adolescents, justice-involved populations, working adults,

 

 

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1    people experiencing homelessness, veterans, and older
2    adults, and every health care and social service setting,
3    from residential facilities and hospitals to
4    community-based organizations and primary care clinics.
5        (6) Estimates of unmet needs consistently highlight
6    the dire situation in Illinois. Mental Health America ranks
7    Illinois 29th in the country in mental health workforce
8    availability based on its 480-to-1 ratio of population to
9    mental health professionals, and the Kaiser Family
10    Foundation estimates that only 23.3% of Illinoisans'
11    mental health needs can be met with its current workforce.
12        (7) Shortages are especially acute in rural areas and
13    among low-income and under-insured individuals and
14    families. 30.3% of Illinois' rural hospitals are in
15    designated primary care shortage areas and 93.7% are in
16    designated mental health shortage areas. Nationally, 40%
17    of psychiatrists work in cash-only practices, limiting
18    access for those who cannot afford high out-of-pocket
19    costs, especially Medicaid eligible individuals and
20    families.
21        (8) Spanish-speaking therapists in suburban Cook
22    County, as well as in immigrant new growth communities
23    throughout the State, for example, and master's-prepared
24    social workers in rural communities are especially
25    difficult to recruit and retain.
26        (9) Illinois' shortage of psychiatrists specializing

 

 

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1    in serving children and adolescents is also severe.
2    Eighty-one out of 102 Illinois counties have no child and
3    adolescent psychiatrists, and the remaining 21 counties
4    have only 310 child and adolescent psychiatrists for a
5    population of 2,450,000 children.
6        (10) Only 38.9% of the 121,000 Illinois youth aged 12
7    through 17 who experienced a major depressive episode
8    received care.
9        (11) An annual average of 799,000 people in Illinois
10    aged 12 and older need but do not receive substance use
11    disorder treatment at specialty facilities.
12        (12) According to the Statewide Semiannual Opioid
13    Report, Illinois Department of Public Health, September
14    2020, the number of opioid deaths in Illinois has increased
15    3% from 2,167 deaths in 2018 to 2,233 deaths in 2019.
16        (13) Behavioral health workforce shortages have led to
17    well-documented problems of long wait times for
18    appointments with psychiatrists (4 to 6 months in some
19    cases), high turnover, and unfilled vacancies for social
20    workers and other behavioral health professionals that
21    have eroded the gains in insurance coverage for mental
22    illness and substance use disorder under the federal
23    Affordable Care Act and parity laws.
24        (14) As a result, individuals with mental illness or
25    substance use disorders end up in hospital emergency rooms,
26    which are the most expensive level of care, or are

 

 

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1    incarcerated and do not receive adequate care, if any.
2        (15) There are many organizations and institutions
3    that are affected by behavioral health workforce
4    shortages, but no one entity is responsible for monitoring
5    the workforce supply and intervening to ensure it can
6    effectively meet behavioral health needs throughout the
7    State.
8        (16) Workforce shortages are more complex than simple
9    numerical shortfalls. Identifying the optimal number,
10    type, and location of behavioral health professionals to
11    meet the differing needs of Illinois' diverse regions and
12    populations across the lifespan is a difficult logistical
13    problem at the system and practice level that requires
14    coordinated efforts in research, education, service
15    delivery, and policy.
16        (17) This State has a compelling and substantial
17    interest in building a pipeline for behavioral health
18    professionals and to anchor research and education for
19    behavioral health workforce development. Beginning with
20    the proposed Behavioral Health Workforce Education Center
21    of Illinois, Illinois has the chance to develop a blueprint
22    to be a national leader in behavioral health workforce
23    development.
24        (18) The State must act now to improve the ability of
25    its residents to achieve their human potential and to live
26    healthy, productive lives by reducing the misery and

 

 

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1    suffering with unmet behavioral health needs.
 
2    Section 65-10. Behavioral Health Workforce Education
3Center of Illinois.
4    (a) The Behavioral Health Workforce Education Center of
5Illinois is created and shall be administered by a teaching,
6research, or both teaching and research public institution of
7higher education in this State. Subject to appropriation, the
8Center shall be operational on or before July 1, 2022.
9    (b) The Behavioral Health Workforce Education Center of
10Illinois shall leverage workforce and behavioral health
11resources, including, but not limited to, State, federal, and
12foundation grant funding, federal Workforce Investment Act of
131998 programs, the National Health Service Corps and other
14nongraduate medical education physician workforce training
15programs, and existing behavioral health partnerships, and
16align with reforms in Illinois.
 
17    Section 65-15. Structure.
18    (a) The Behavioral Health Workforce Education Center of
19Illinois shall be structured as a multisite model, and the
20administering public institution of higher education shall
21serve as the hub institution, complemented by secondary
22regional hubs, namely academic institutions, that serve rural
23and small urban areas and at least one academic institution
24serving a densely urban municipality with more than 1,000,000

 

 

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1inhabitants.
2    (b) The Behavioral Health Workforce Education Center of
3Illinois shall be located within one academic institution and
4shall be tasked with a convening and coordinating role for
5workforce research and planning, including monitoring progress
6toward Center goals.
7    (c) The Behavioral Health Workforce Education Center of
8Illinois shall also coordinate with key State agencies involved
9in behavioral health, workforce development, and higher
10education in order to leverage disparate resources from health
11care, workforce, and economic development programs in Illinois
12government.
 
13    Section 65-20. Duties. The Behavioral Health Workforce
14Education Center of Illinois shall perform the following
15duties:
16        (1) Organize a consortium of universities in
17    partnerships with providers, school districts, law
18    enforcement, consumers and their families, State agencies,
19    and other stakeholders to implement workforce development
20    concepts and strategies in every region of this State.
21        (2) Be responsible for developing and implementing a
22    strategic plan for the recruitment, education, and
23    retention of a qualified, diverse, and evolving behavioral
24    health workforce in this State. Its planning and activities
25    shall include:

 

 

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1            (A) convening and organizing vested stakeholders
2        spanning government agencies, clinics, behavioral
3        health facilities, prevention programs, hospitals,
4        schools, jails, prisons and juvenile justice, police
5        and emergency medical services, consumers and their
6        families, and other stakeholders;
7            (B) collecting and analyzing data on the
8        behavioral health workforce in Illinois, with detailed
9        information on specialties, credentials, additional
10        qualifications (such as training or experience in
11        particular models of care), location of practice, and
12        demographic characteristics, including age, gender,
13        race and ethnicity, and languages spoken;
14            (C) building partnerships with school districts,
15        public institutions of higher education, and workforce
16        investment agencies to create pipelines to behavioral
17        health careers from high schools and colleges,
18        pathways to behavioral health specialization among
19        health professional students, and expanded behavioral
20        health residency and internship opportunities for
21        graduates;
22            (D) evaluating and disseminating information about
23        evidence-based practices emerging from research
24        regarding promising modalities of treatment, care
25        coordination models, and medications;
26            (E) developing systems for tracking the

 

 

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1        utilization of evidence-based practices that most
2        effectively meet behavioral health needs; and
3            (F) providing technical assistance to support
4        professional training and continuing education
5        programs that provide effective training in
6        evidence-based behavioral health practices.
7        (3) Coordinate data collection and analysis, including
8    systematic tracking of the behavioral health workforce and
9    datasets that support workforce planning for an
10    accessible, high-quality behavioral health system. In the
11    medium to long-term, the Center shall develop Illinois
12    behavioral workforce data capacity by:
13            (A) filling gaps in workforce data by collecting
14        information on specialty, training, and qualifications
15        for specific models of care, demographic
16        characteristics, including gender, race, ethnicity,
17        and languages spoken, and participation in public and
18        private insurance networks;
19            (B) identifying the highest priority geographies,
20        populations, and occupations for recruitment and
21        training;
22            (C) monitoring the incidence of behavioral health
23        conditions to improve estimates of unmet need; and
24            (D) compiling up-to-date, evidence-based
25        practices, monitoring utilization, and aligning
26        training resources to improve the uptake of the most

 

 

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1        effective practices.
2        (4) Work to grow and advance peer and parent-peer
3    workforce development by:
4            (A) assessing the credentialing and reimbursement
5        processes and recommending reforms;
6            (B) evaluating available peer-parent training
7        models, choosing a model that meets Illinois' needs,
8        and working with partners to implement it universally
9        in child-serving programs throughout this State; and
10            (C) including peer recovery specialists and
11        parent-peer support professionals in interdisciplinary
12        training programs.
13        (5) Focus on the training of behavioral health
14    professionals in telehealth techniques, including taking
15    advantage of a telehealth network that exists, and other
16    innovative means of care delivery in order to increase
17    access to behavioral health services for all persons within
18    this State.
19        (6) No later than December 1 of every odd-numbered
20    year, prepare a report of its activities under this Act.
21    The report shall be filed electronically with the General
22    Assembly, as provided under Section 3.1 of the General
23    Assembly Organization Act, and shall be provided
24    electronically to any member of the General Assembly upon
25    request.
 

 

 

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1    Section 65-25. Selection process.
2    (a) No later than 90 days after the effective date of this
3Act, the Board of Higher Education shall select a public
4institution of higher education, with input and assistance from
5the Division of Mental Health of the Department of Human
6Services, to administer the Behavioral Health Workforce
7Education Center of Illinois.
8    (b) The selection process shall articulate the principles
9of the Behavioral Health Workforce Education Center of
10Illinois, not inconsistent with this Act.
11    (c) The Board of Higher Education, with input and
12assistance from the Division of Mental Health of the Department
13of Human Services, shall make its selection of a public
14institution of higher education based on its ability and
15willingness to execute the following tasks:
16        (1) Convening academic institutions providing
17    behavioral health education to:
18            (A) develop curricula to train future behavioral
19        health professionals in evidence-based practices that
20        meet the most urgent needs of Illinois' residents;
21            (B) build capacity to provide clinical training
22        and supervision; and
23            (C) facilitate telehealth services to every region
24        of the State.
25        (2) Functioning as a clearinghouse for research,
26    education, and training efforts to identify and

 

 

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1    disseminate evidence-based practices across the State.
2        (3) Leveraging financial support from grants and
3    social impact loan funds.
4        (4) Providing infrastructure to organize regional
5    behavioral health education and outreach. As budgets
6    allow, this shall include conference and training space,
7    research and faculty staff time, telehealth, and distance
8    learning equipment.
9        (5) Working with regional hubs that assess and serve
10    the workforce needs of specific, well-defined regions and
11    specialize in specific research and training areas, such as
12    telehealth or mental health-criminal justice partnerships,
13    for which the regional hub can serve as a statewide leader.
14    (d) The Board of Higher Education may adopt such rules as
15may be necessary to implement and administer this Section.
 
16
Title VI. Access to Health Care

 
17
Article 70.

 
18    Section 70-5. The Use Tax Act is amended by changing
19Section 3-10 as follows:
 
20    (35 ILCS 105/3-10)
21    Sec. 3-10. Rate of tax. Unless otherwise provided in this
22Section, the tax imposed by this Act is at the rate of 6.25% of

 

 

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1either the selling price or the fair market value, if any, of
2the tangible personal property. In all cases where property
3functionally used or consumed is the same as the property that
4was purchased at retail, then the tax is imposed on the selling
5price of the property. In all cases where property functionally
6used or consumed is a by-product or waste product that has been
7refined, manufactured, or produced from property purchased at
8retail, then the tax is imposed on the lower of the fair market
9value, if any, of the specific property so used in this State
10or on the selling price of the property purchased at retail.
11For purposes of this Section "fair market value" means the
12price at which property would change hands between a willing
13buyer and a willing seller, neither being under any compulsion
14to buy or sell and both having reasonable knowledge of the
15relevant facts. The fair market value shall be established by
16Illinois sales by the taxpayer of the same property as that
17functionally used or consumed, or if there are no such sales by
18the taxpayer, then comparable sales or purchases of property of
19like kind and character in Illinois.
20    Beginning on July 1, 2000 and through December 31, 2000,
21with respect to motor fuel, as defined in Section 1.1 of the
22Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
23the Use Tax Act, the tax is imposed at the rate of 1.25%.
24    Beginning on August 6, 2010 through August 15, 2010, with
25respect to sales tax holiday items as defined in Section 3-6 of
26this Act, the tax is imposed at the rate of 1.25%.

 

 

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1    With respect to gasohol, the tax imposed by this Act
2applies to (i) 70% of the proceeds of sales made on or after
3January 1, 1990, and before July 1, 2003, (ii) 80% of the
4proceeds of sales made on or after July 1, 2003 and on or
5before July 1, 2017, and (iii) 100% of the proceeds of sales
6made thereafter. If, at any time, however, the tax under this
7Act on sales of gasohol is imposed at the rate of 1.25%, then
8the tax imposed by this Act applies to 100% of the proceeds of
9sales of gasohol made during that time.
10    With respect to majority blended ethanol fuel, the tax
11imposed by this Act does not apply to the proceeds of sales
12made on or after July 1, 2003 and on or before December 31,
132023 but applies to 100% of the proceeds of sales made
14thereafter.
15    With respect to biodiesel blends with no less than 1% and
16no more than 10% biodiesel, the tax imposed by this Act applies
17to (i) 80% of the proceeds of sales made on or after July 1,
182003 and on or before December 31, 2018 and (ii) 100% of the
19proceeds of sales made thereafter. If, at any time, however,
20the tax under this Act on sales of biodiesel blends with no
21less than 1% and no more than 10% biodiesel is imposed at the
22rate of 1.25%, then the tax imposed by this Act applies to 100%
23of the proceeds of sales of biodiesel blends with no less than
241% and no more than 10% biodiesel made during that time.
25    With respect to 100% biodiesel and biodiesel blends with
26more than 10% but no more than 99% biodiesel, the tax imposed

 

 

10100HB3840sam002- 85 -LRB101 12454 CPF 74868 a

1by this Act does not apply to the proceeds of sales made on or
2after July 1, 2003 and on or before December 31, 2023 but
3applies to 100% of the proceeds of sales made thereafter.
4    With respect to food for human consumption that is to be
5consumed off the premises where it is sold (other than
6alcoholic beverages, food consisting of or infused with adult
7use cannabis, soft drinks, and food that has been prepared for
8immediate consumption) and prescription and nonprescription
9medicines, drugs, medical appliances, products classified as
10Class III medical devices by the United States Food and Drug
11Administration that are used for cancer treatment pursuant to a
12prescription, as well as any accessories and components related
13to those devices, modifications to a motor vehicle for the
14purpose of rendering it usable by a person with a disability,
15and insulin, blood sugar urine testing materials, syringes, and
16needles used by human diabetics, for human use, the tax is
17imposed at the rate of 1%. For the purposes of this Section,
18until September 1, 2009: the term "soft drinks" means any
19complete, finished, ready-to-use, non-alcoholic drink, whether
20carbonated or not, including but not limited to soda water,
21cola, fruit juice, vegetable juice, carbonated water, and all
22other preparations commonly known as soft drinks of whatever
23kind or description that are contained in any closed or sealed
24bottle, can, carton, or container, regardless of size; but
25"soft drinks" does not include coffee, tea, non-carbonated
26water, infant formula, milk or milk products as defined in the

 

 

10100HB3840sam002- 86 -LRB101 12454 CPF 74868 a

1Grade A Pasteurized Milk and Milk Products Act, or drinks
2containing 50% or more natural fruit or vegetable juice.
3    Notwithstanding any other provisions of this Act,
4beginning September 1, 2009, "soft drinks" means non-alcoholic
5beverages that contain natural or artificial sweeteners. "Soft
6drinks" do not include beverages that contain milk or milk
7products, soy, rice or similar milk substitutes, or greater
8than 50% of vegetable or fruit juice by volume.
9    Until August 1, 2009, and notwithstanding any other
10provisions of this Act, "food for human consumption that is to
11be consumed off the premises where it is sold" includes all
12food sold through a vending machine, except soft drinks and
13food products that are dispensed hot from a vending machine,
14regardless of the location of the vending machine. Beginning
15August 1, 2009, and notwithstanding any other provisions of
16this Act, "food for human consumption that is to be consumed
17off the premises where it is sold" includes all food sold
18through a vending machine, except soft drinks, candy, and food
19products that are dispensed hot from a vending machine,
20regardless of the location of the vending machine.
21    Notwithstanding any other provisions of this Act,
22beginning September 1, 2009, "food for human consumption that
23is to be consumed off the premises where it is sold" does not
24include candy. For purposes of this Section, "candy" means a
25preparation of sugar, honey, or other natural or artificial
26sweeteners in combination with chocolate, fruits, nuts or other

 

 

10100HB3840sam002- 87 -LRB101 12454 CPF 74868 a

1ingredients or flavorings in the form of bars, drops, or
2pieces. "Candy" does not include any preparation that contains
3flour or requires refrigeration.
4    Notwithstanding any other provisions of this Act,
5beginning September 1, 2009, "nonprescription medicines and
6drugs" does not include grooming and hygiene products. For
7purposes of this Section, "grooming and hygiene products"
8includes, but is not limited to, soaps and cleaning solutions,
9shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
10lotions and screens, unless those products are available by
11prescription only, regardless of whether the products meet the
12definition of "over-the-counter-drugs". For the purposes of
13this paragraph, "over-the-counter-drug" means a drug for human
14use that contains a label that identifies the product as a drug
15as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
16label includes:
17        (A) A "Drug Facts" panel; or
18        (B) A statement of the "active ingredient(s)" with a
19    list of those ingredients contained in the compound,
20    substance or preparation.
21    Beginning on the effective date of this amendatory Act of
22the 98th General Assembly, "prescription and nonprescription
23medicines and drugs" includes medical cannabis purchased from a
24registered dispensing organization under the Compassionate Use
25of Medical Cannabis Program Act.
26    As used in this Section, "adult use cannabis" means

 

 

10100HB3840sam002- 88 -LRB101 12454 CPF 74868 a

1cannabis subject to tax under the Cannabis Cultivation
2Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
3does not include cannabis subject to tax under the
4Compassionate Use of Medical Cannabis Program Act.
5    If the property that is purchased at retail from a retailer
6is acquired outside Illinois and used outside Illinois before
7being brought to Illinois for use here and is taxable under
8this Act, the "selling price" on which the tax is computed
9shall be reduced by an amount that represents a reasonable
10allowance for depreciation for the period of prior out-of-state
11use.
12(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
13101-593, eff. 12-4-19.)
 
14    Section 70-10. The Service Use Tax Act is amended by
15changing Section 3-10 as follows:
 
16    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
17    Sec. 3-10. Rate of tax. Unless otherwise provided in this
18Section, the tax imposed by this Act is at the rate of 6.25% of
19the selling price of tangible personal property transferred as
20an incident to the sale of service, but, for the purpose of
21computing this tax, in no event shall the selling price be less
22than the cost price of the property to the serviceman.
23    Beginning on July 1, 2000 and through December 31, 2000,
24with respect to motor fuel, as defined in Section 1.1 of the

 

 

10100HB3840sam002- 89 -LRB101 12454 CPF 74868 a

1Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
2the Use Tax Act, the tax is imposed at the rate of 1.25%.
3    With respect to gasohol, as defined in the Use Tax Act, the
4tax imposed by this Act applies to (i) 70% of the selling price
5of property transferred as an incident to the sale of service
6on or after January 1, 1990, and before July 1, 2003, (ii) 80%
7of the selling price of property transferred as an incident to
8the sale of service on or after July 1, 2003 and on or before
9July 1, 2017, and (iii) 100% of the selling price thereafter.
10If, at any time, however, the tax under this Act on sales of
11gasohol, as defined in the Use Tax Act, is imposed at the rate
12of 1.25%, then the tax imposed by this Act applies to 100% of
13the proceeds of sales of gasohol made during that time.
14    With respect to majority blended ethanol fuel, as defined
15in the Use Tax Act, the tax imposed by this Act does not apply
16to the selling price of property transferred as an incident to
17the sale of service on or after July 1, 2003 and on or before
18December 31, 2023 but applies to 100% of the selling price
19thereafter.
20    With respect to biodiesel blends, as defined in the Use Tax
21Act, with no less than 1% and no more than 10% biodiesel, the
22tax imposed by this Act applies to (i) 80% of the selling price
23of property transferred as an incident to the sale of service
24on or after July 1, 2003 and on or before December 31, 2018 and
25(ii) 100% of the proceeds of the selling price thereafter. If,
26at any time, however, the tax under this Act on sales of

 

 

10100HB3840sam002- 90 -LRB101 12454 CPF 74868 a

1biodiesel blends, as defined in the Use Tax Act, with no less
2than 1% and no more than 10% biodiesel is imposed at the rate
3of 1.25%, then the tax imposed by this Act applies to 100% of
4the proceeds of sales of biodiesel blends with no less than 1%
5and no more than 10% biodiesel made during that time.
6    With respect to 100% biodiesel, as defined in the Use Tax
7Act, and biodiesel blends, as defined in the Use Tax Act, with
8more than 10% but no more than 99% biodiesel, the tax imposed
9by this Act does not apply to the proceeds of the selling price
10of property transferred as an incident to the sale of service
11on or after July 1, 2003 and on or before December 31, 2023 but
12applies to 100% of the selling price thereafter.
13    At the election of any registered serviceman made for each
14fiscal year, sales of service in which the aggregate annual
15cost price of tangible personal property transferred as an
16incident to the sales of service is less than 35%, or 75% in
17the case of servicemen transferring prescription drugs or
18servicemen engaged in graphic arts production, of the aggregate
19annual total gross receipts from all sales of service, the tax
20imposed by this Act shall be based on the serviceman's cost
21price of the tangible personal property transferred as an
22incident to the sale of those services.
23    The tax shall be imposed at the rate of 1% on food prepared
24for immediate consumption and transferred incident to a sale of
25service subject to this Act or the Service Occupation Tax Act
26by an entity licensed under the Hospital Licensing Act, the

 

 

10100HB3840sam002- 91 -LRB101 12454 CPF 74868 a

1Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
2Act, the Specialized Mental Health Rehabilitation Act of 2013,
3or the Child Care Act of 1969. The tax shall also be imposed at
4the rate of 1% on food for human consumption that is to be
5consumed off the premises where it is sold (other than
6alcoholic beverages, food consisting of or infused with adult
7use cannabis, soft drinks, and food that has been prepared for
8immediate consumption and is not otherwise included in this
9paragraph) and prescription and nonprescription medicines,
10drugs, medical appliances, products classified as Class III
11medical devices by the United States Food and Drug
12Administration that are used for cancer treatment pursuant to a
13prescription, as well as any accessories and components related
14to those devices, modifications to a motor vehicle for the
15purpose of rendering it usable by a person with a disability,
16and insulin, blood sugar urine testing materials, syringes, and
17needles used by human diabetics, for human use. For the
18purposes of this Section, until September 1, 2009: the term
19"soft drinks" means any complete, finished, ready-to-use,
20non-alcoholic drink, whether carbonated or not, including but
21not limited to soda water, cola, fruit juice, vegetable juice,
22carbonated water, and all other preparations commonly known as
23soft drinks of whatever kind or description that are contained
24in any closed or sealed bottle, can, carton, or container,
25regardless of size; but "soft drinks" does not include coffee,
26tea, non-carbonated water, infant formula, milk or milk

 

 

10100HB3840sam002- 92 -LRB101 12454 CPF 74868 a

1products as defined in the Grade A Pasteurized Milk and Milk
2Products Act, or drinks containing 50% or more natural fruit or
3vegetable juice.
4    Notwithstanding any other provisions of this Act,
5beginning September 1, 2009, "soft drinks" means non-alcoholic
6beverages that contain natural or artificial sweeteners. "Soft
7drinks" do not include beverages that contain milk or milk
8products, soy, rice or similar milk substitutes, or greater
9than 50% of vegetable or fruit juice by volume.
10    Until August 1, 2009, and notwithstanding any other
11provisions of this Act, "food for human consumption that is to
12be consumed off the premises where it is sold" includes all
13food sold through a vending machine, except soft drinks and
14food products that are dispensed hot from a vending machine,
15regardless of the location of the vending machine. Beginning
16August 1, 2009, and notwithstanding any other provisions of
17this Act, "food for human consumption that is to be consumed
18off the premises where it is sold" includes all food sold
19through a vending machine, except soft drinks, candy, and food
20products that are dispensed hot from a vending machine,
21regardless of the location of the vending machine.
22    Notwithstanding any other provisions of this Act,
23beginning September 1, 2009, "food for human consumption that
24is to be consumed off the premises where it is sold" does not
25include candy. For purposes of this Section, "candy" means a
26preparation of sugar, honey, or other natural or artificial

 

 

10100HB3840sam002- 93 -LRB101 12454 CPF 74868 a

1sweeteners in combination with chocolate, fruits, nuts or other
2ingredients or flavorings in the form of bars, drops, or
3pieces. "Candy" does not include any preparation that contains
4flour or requires refrigeration.
5    Notwithstanding any other provisions of this Act,
6beginning September 1, 2009, "nonprescription medicines and
7drugs" does not include grooming and hygiene products. For
8purposes of this Section, "grooming and hygiene products"
9includes, but is not limited to, soaps and cleaning solutions,
10shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
11lotions and screens, unless those products are available by
12prescription only, regardless of whether the products meet the
13definition of "over-the-counter-drugs". For the purposes of
14this paragraph, "over-the-counter-drug" means a drug for human
15use that contains a label that identifies the product as a drug
16as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
17label includes:
18        (A) A "Drug Facts" panel; or
19        (B) A statement of the "active ingredient(s)" with a
20    list of those ingredients contained in the compound,
21    substance or preparation.
22    Beginning on January 1, 2014 (the effective date of Public
23Act 98-122), "prescription and nonprescription medicines and
24drugs" includes medical cannabis purchased from a registered
25dispensing organization under the Compassionate Use of Medical
26Cannabis Program Act.

 

 

10100HB3840sam002- 94 -LRB101 12454 CPF 74868 a

1    As used in this Section, "adult use cannabis" means
2cannabis subject to tax under the Cannabis Cultivation
3Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
4does not include cannabis subject to tax under the
5Compassionate Use of Medical Cannabis Program Act.
6    If the property that is acquired from a serviceman is
7acquired outside Illinois and used outside Illinois before
8being brought to Illinois for use here and is taxable under
9this Act, the "selling price" on which the tax is computed
10shall be reduced by an amount that represents a reasonable
11allowance for depreciation for the period of prior out-of-state
12use.
13(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
14101-593, eff. 12-4-19.)
 
15    Section 70-15. The Service Occupation Tax Act is amended by
16changing Section 3-10 as follows:
 
17    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
18    Sec. 3-10. Rate of tax. Unless otherwise provided in this
19Section, the tax imposed by this Act is at the rate of 6.25% of
20the "selling price", as defined in Section 2 of the Service Use
21Tax Act, of the tangible personal property. For the purpose of
22computing this tax, in no event shall the "selling price" be
23less than the cost price to the serviceman of the tangible
24personal property transferred. The selling price of each item

 

 

10100HB3840sam002- 95 -LRB101 12454 CPF 74868 a

1of tangible personal property transferred as an incident of a
2sale of service may be shown as a distinct and separate item on
3the serviceman's billing to the service customer. If the
4selling price is not so shown, the selling price of the
5tangible personal property is deemed to be 50% of the
6serviceman's entire billing to the service customer. When,
7however, a serviceman contracts to design, develop, and produce
8special order machinery or equipment, the tax imposed by this
9Act shall be based on the serviceman's cost price of the
10tangible personal property transferred incident to the
11completion of the contract.
12    Beginning on July 1, 2000 and through December 31, 2000,
13with respect to motor fuel, as defined in Section 1.1 of the
14Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
15the Use Tax Act, the tax is imposed at the rate of 1.25%.
16    With respect to gasohol, as defined in the Use Tax Act, the
17tax imposed by this Act shall apply to (i) 70% of the cost
18price of property transferred as an incident to the sale of
19service on or after January 1, 1990, and before July 1, 2003,
20(ii) 80% of the selling price of property transferred as an
21incident to the sale of service on or after July 1, 2003 and on
22or before July 1, 2017, and (iii) 100% of the cost price
23thereafter. If, at any time, however, the tax under this Act on
24sales of gasohol, as defined in the Use Tax Act, is imposed at
25the rate of 1.25%, then the tax imposed by this Act applies to
26100% of the proceeds of sales of gasohol made during that time.

 

 

10100HB3840sam002- 96 -LRB101 12454 CPF 74868 a

1    With respect to majority blended ethanol fuel, as defined
2in the Use Tax Act, the tax imposed by this Act does not apply
3to the selling price of property transferred as an incident to
4the sale of service on or after July 1, 2003 and on or before
5December 31, 2023 but applies to 100% of the selling price
6thereafter.
7    With respect to biodiesel blends, as defined in the Use Tax
8Act, with no less than 1% and no more than 10% biodiesel, the
9tax imposed by this Act applies to (i) 80% of the selling price
10of property transferred as an incident to the sale of service
11on or after July 1, 2003 and on or before December 31, 2018 and
12(ii) 100% of the proceeds of the selling price thereafter. If,
13at any time, however, the tax under this Act on sales of
14biodiesel blends, as defined in the Use Tax Act, with no less
15than 1% and no more than 10% biodiesel is imposed at the rate
16of 1.25%, then the tax imposed by this Act applies to 100% of
17the proceeds of sales of biodiesel blends with no less than 1%
18and no more than 10% biodiesel made during that time.
19    With respect to 100% biodiesel, as defined in the Use Tax
20Act, and biodiesel blends, as defined in the Use Tax Act, with
21more than 10% but no more than 99% biodiesel material, the tax
22imposed by this Act does not apply to the proceeds of the
23selling price of property transferred as an incident to the
24sale of service on or after July 1, 2003 and on or before
25December 31, 2023 but applies to 100% of the selling price
26thereafter.

 

 

10100HB3840sam002- 97 -LRB101 12454 CPF 74868 a

1    At the election of any registered serviceman made for each
2fiscal year, sales of service in which the aggregate annual
3cost price of tangible personal property transferred as an
4incident to the sales of service is less than 35%, or 75% in
5the case of servicemen transferring prescription drugs or
6servicemen engaged in graphic arts production, of the aggregate
7annual total gross receipts from all sales of service, the tax
8imposed by this Act shall be based on the serviceman's cost
9price of the tangible personal property transferred incident to
10the sale of those services.
11    The tax shall be imposed at the rate of 1% on food prepared
12for immediate consumption and transferred incident to a sale of
13service subject to this Act or the Service Occupation Tax Act
14by an entity licensed under the Hospital Licensing Act, the
15Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
16Act, the Specialized Mental Health Rehabilitation Act of 2013,
17or the Child Care Act of 1969. The tax shall also be imposed at
18the rate of 1% on food for human consumption that is to be
19consumed off the premises where it is sold (other than
20alcoholic beverages, food consisting of or infused with adult
21use cannabis, soft drinks, and food that has been prepared for
22immediate consumption and is not otherwise included in this
23paragraph) and prescription and nonprescription medicines,
24drugs, medical appliances, products classified as Class III
25medical devices by the United States Food and Drug
26Administration that are used for cancer treatment pursuant to a

 

 

10100HB3840sam002- 98 -LRB101 12454 CPF 74868 a

1prescription, as well as any accessories and components related
2to those devices, modifications to a motor vehicle for the
3purpose of rendering it usable by a person with a disability,
4and insulin, blood sugar urine testing materials, syringes, and
5needles used by human diabetics, for human use. For the
6purposes of this Section, until September 1, 2009: the term
7"soft drinks" means any complete, finished, ready-to-use,
8non-alcoholic drink, whether carbonated or not, including but
9not limited to soda water, cola, fruit juice, vegetable juice,
10carbonated water, and all other preparations commonly known as
11soft drinks of whatever kind or description that are contained
12in any closed or sealed can, carton, or container, regardless
13of size; but "soft drinks" does not include coffee, tea,
14non-carbonated water, infant formula, milk or milk products as
15defined in the Grade A Pasteurized Milk and Milk Products Act,
16or drinks containing 50% or more natural fruit or vegetable
17juice.
18    Notwithstanding any other provisions of this Act,
19beginning September 1, 2009, "soft drinks" means non-alcoholic
20beverages that contain natural or artificial sweeteners. "Soft
21drinks" do not include beverages that contain milk or milk
22products, soy, rice or similar milk substitutes, or greater
23than 50% of vegetable or fruit juice by volume.
24    Until August 1, 2009, and notwithstanding any other
25provisions of this Act, "food for human consumption that is to
26be consumed off the premises where it is sold" includes all

 

 

10100HB3840sam002- 99 -LRB101 12454 CPF 74868 a

1food sold through a vending machine, except soft drinks and
2food products that are dispensed hot from a vending machine,
3regardless of the location of the vending machine. Beginning
4August 1, 2009, and notwithstanding any other provisions of
5this Act, "food for human consumption that is to be consumed
6off the premises where it is sold" includes all food sold
7through a vending machine, except soft drinks, candy, and food
8products that are dispensed hot from a vending machine,
9regardless of the location of the vending machine.
10    Notwithstanding any other provisions of this Act,
11beginning September 1, 2009, "food for human consumption that
12is to be consumed off the premises where it is sold" does not
13include candy. For purposes of this Section, "candy" means a
14preparation of sugar, honey, or other natural or artificial
15sweeteners in combination with chocolate, fruits, nuts or other
16ingredients or flavorings in the form of bars, drops, or
17pieces. "Candy" does not include any preparation that contains
18flour or requires refrigeration.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "nonprescription medicines and
21drugs" does not include grooming and hygiene products. For
22purposes of this Section, "grooming and hygiene products"
23includes, but is not limited to, soaps and cleaning solutions,
24shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
25lotions and screens, unless those products are available by
26prescription only, regardless of whether the products meet the

 

 

10100HB3840sam002- 100 -LRB101 12454 CPF 74868 a

1definition of "over-the-counter-drugs". For the purposes of
2this paragraph, "over-the-counter-drug" means a drug for human
3use that contains a label that identifies the product as a drug
4as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
5label includes:
6        (A) A "Drug Facts" panel; or
7        (B) A statement of the "active ingredient(s)" with a
8    list of those ingredients contained in the compound,
9    substance or preparation.
10    Beginning on January 1, 2014 (the effective date of Public
11Act 98-122), "prescription and nonprescription medicines and
12drugs" includes medical cannabis purchased from a registered
13dispensing organization under the Compassionate Use of Medical
14Cannabis Program Act.
15    As used in this Section, "adult use cannabis" means
16cannabis subject to tax under the Cannabis Cultivation
17Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
18does not include cannabis subject to tax under the
19Compassionate Use of Medical Cannabis Program Act.
20(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
21101-593, eff. 12-4-19.)
 
22    Section 70-20. The Retailers' Occupation Tax Act is amended
23by changing Section 2-10 as follows:
 
24    (35 ILCS 120/2-10)

 

 

10100HB3840sam002- 101 -LRB101 12454 CPF 74868 a

1    Sec. 2-10. Rate of tax. Unless otherwise provided in this
2Section, the tax imposed by this Act is at the rate of 6.25% of
3gross receipts from sales of tangible personal property made in
4the course of business.
5    Beginning on July 1, 2000 and through December 31, 2000,
6with respect to motor fuel, as defined in Section 1.1 of the
7Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
8the Use Tax Act, the tax is imposed at the rate of 1.25%.
9    Beginning on August 6, 2010 through August 15, 2010, with
10respect to sales tax holiday items as defined in Section 2-8 of
11this Act, the tax is imposed at the rate of 1.25%.
12    Within 14 days after the effective date of this amendatory
13Act of the 91st General Assembly, each retailer of motor fuel
14and gasohol shall cause the following notice to be posted in a
15prominently visible place on each retail dispensing device that
16is used to dispense motor fuel or gasohol in the State of
17Illinois: "As of July 1, 2000, the State of Illinois has
18eliminated the State's share of sales tax on motor fuel and
19gasohol through December 31, 2000. The price on this pump
20should reflect the elimination of the tax." The notice shall be
21printed in bold print on a sign that is no smaller than 4
22inches by 8 inches. The sign shall be clearly visible to
23customers. Any retailer who fails to post or maintain a
24required sign through December 31, 2000 is guilty of a petty
25offense for which the fine shall be $500 per day per each
26retail premises where a violation occurs.

 

 

10100HB3840sam002- 102 -LRB101 12454 CPF 74868 a

1    With respect to gasohol, as defined in the Use Tax Act, the
2tax imposed by this Act applies to (i) 70% of the proceeds of
3sales made on or after January 1, 1990, and before July 1,
42003, (ii) 80% of the proceeds of sales made on or after July
51, 2003 and on or before July 1, 2017, and (iii) 100% of the
6proceeds of sales made thereafter. If, at any time, however,
7the tax under this Act on sales of gasohol, as defined in the
8Use Tax Act, is imposed at the rate of 1.25%, then the tax
9imposed by this Act applies to 100% of the proceeds of sales of
10gasohol made during that time.
11    With respect to majority blended ethanol fuel, as defined
12in the Use Tax Act, the tax imposed by this Act does not apply
13to the proceeds of sales made on or after July 1, 2003 and on or
14before December 31, 2023 but applies to 100% of the proceeds of
15sales made thereafter.
16    With respect to biodiesel blends, as defined in the Use Tax
17Act, with no less than 1% and no more than 10% biodiesel, the
18tax imposed by this Act applies to (i) 80% of the proceeds of
19sales made on or after July 1, 2003 and on or before December
2031, 2018 and (ii) 100% of the proceeds of sales made
21thereafter. If, at any time, however, the tax under this Act on
22sales of biodiesel blends, as defined in the Use Tax Act, with
23no less than 1% and no more than 10% biodiesel is imposed at
24the rate of 1.25%, then the tax imposed by this Act applies to
25100% of the proceeds of sales of biodiesel blends with no less
26than 1% and no more than 10% biodiesel made during that time.

 

 

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1    With respect to 100% biodiesel, as defined in the Use Tax
2Act, and biodiesel blends, as defined in the Use Tax Act, with
3more than 10% but no more than 99% biodiesel, the tax imposed
4by this Act does not apply to the proceeds of sales made on or
5after July 1, 2003 and on or before December 31, 2023 but
6applies to 100% of the proceeds of sales made thereafter.
7    With respect to food for human consumption that is to be
8consumed off the premises where it is sold (other than
9alcoholic beverages, food consisting of or infused with adult
10use cannabis, soft drinks, and food that has been prepared for
11immediate consumption) and prescription and nonprescription
12medicines, drugs, medical appliances, products classified as
13Class III medical devices by the United States Food and Drug
14Administration that are used for cancer treatment pursuant to a
15prescription, as well as any accessories and components related
16to those devices, modifications to a motor vehicle for the
17purpose of rendering it usable by a person with a disability,
18and insulin, blood sugar urine testing materials, syringes, and
19needles used by human diabetics, for human use, the tax is
20imposed at the rate of 1%. For the purposes of this Section,
21until September 1, 2009: the term "soft drinks" means any
22complete, finished, ready-to-use, non-alcoholic drink, whether
23carbonated or not, including but not limited to soda water,
24cola, fruit juice, vegetable juice, carbonated water, and all
25other preparations commonly known as soft drinks of whatever
26kind or description that are contained in any closed or sealed

 

 

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1bottle, can, carton, or container, regardless of size; but
2"soft drinks" does not include coffee, tea, non-carbonated
3water, infant formula, milk or milk products as defined in the
4Grade A Pasteurized Milk and Milk Products Act, or drinks
5containing 50% or more natural fruit or vegetable juice.
6    Notwithstanding any other provisions of this Act,
7beginning September 1, 2009, "soft drinks" means non-alcoholic
8beverages that contain natural or artificial sweeteners. "Soft
9drinks" do not include beverages that contain milk or milk
10products, soy, rice or similar milk substitutes, or greater
11than 50% of vegetable or fruit juice by volume.
12    Until August 1, 2009, and notwithstanding any other
13provisions of this Act, "food for human consumption that is to
14be consumed off the premises where it is sold" includes all
15food sold through a vending machine, except soft drinks and
16food products that are dispensed hot from a vending machine,
17regardless of the location of the vending machine. Beginning
18August 1, 2009, and notwithstanding any other provisions of
19this Act, "food for human consumption that is to be consumed
20off the premises where it is sold" includes all food sold
21through a vending machine, except soft drinks, candy, and food
22products that are dispensed hot from a vending machine,
23regardless of the location of the vending machine.
24    Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "food for human consumption that
26is to be consumed off the premises where it is sold" does not

 

 

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1include candy. For purposes of this Section, "candy" means a
2preparation of sugar, honey, or other natural or artificial
3sweeteners in combination with chocolate, fruits, nuts or other
4ingredients or flavorings in the form of bars, drops, or
5pieces. "Candy" does not include any preparation that contains
6flour or requires refrigeration.
7    Notwithstanding any other provisions of this Act,
8beginning September 1, 2009, "nonprescription medicines and
9drugs" does not include grooming and hygiene products. For
10purposes of this Section, "grooming and hygiene products"
11includes, but is not limited to, soaps and cleaning solutions,
12shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
13lotions and screens, unless those products are available by
14prescription only, regardless of whether the products meet the
15definition of "over-the-counter-drugs". For the purposes of
16this paragraph, "over-the-counter-drug" means a drug for human
17use that contains a label that identifies the product as a drug
18as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
19label includes:
20        (A) A "Drug Facts" panel; or
21        (B) A statement of the "active ingredient(s)" with a
22    list of those ingredients contained in the compound,
23    substance or preparation.
24    Beginning on the effective date of this amendatory Act of
25the 98th General Assembly, "prescription and nonprescription
26medicines and drugs" includes medical cannabis purchased from a

 

 

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1registered dispensing organization under the Compassionate Use
2of Medical Cannabis Program Act.
3    As used in this Section, "adult use cannabis" means
4cannabis subject to tax under the Cannabis Cultivation
5Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
6does not include cannabis subject to tax under the
7Compassionate Use of Medical Cannabis Program Act.
8(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
9101-593, eff. 12-4-19.)
 
10
Article 72.

 
11    Section 72-1. Short title. This Article may be cited as the
12Underlying Causes of Crime and Violence Study Act.
 
13    Section 72-5. Legislative findings. In the State of
14Illinois, two-thirds of gun violence is related to suicide, and
15one-third is related to homicide, claiming approximately
1612,000 lives a year. Violence has plagued communities,
17predominantly poor and distressed communities in urban
18settings, which have always treated violence as a criminal
19justice issue, instead of a public health issue. On February
2021, 2018, Pastor Anthony Williams was informed that his son,
21Nehemiah William, had been shot to death. Due to this
22disheartening event, Pastor Anthony Williams reached out to
23State Representative Elizabeth "Lisa" Hernandez, urging that

 

 

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1the issue of violence be treated as a disease. In 2018, elected
2officials from all levels of government started a coalition to
3address violence as a disease, with the assistance of
4faith-based organizations, advocates, and community members
5and held a statewide listening tour from August 2018 to April
62019. The listening tour consisted of stops on the South Side
7and West Side of Chicago, Maywood, Springfield, and East St.
8Louis, with a future scheduled visit in Danville. During the
9statewide listening sessions, community members actively
10discussed neighborhood safety, defining violence and how and
11why violence occurs in their communities. The listening
12sessions provided different solutions to address violence,
13however, all sessions confirmed a disconnect from the
14priorities of government and the needs of these communities.
 
15    Section 72-10. Study. The Department of Public Health and
16the Department of Human Services shall study how to create a
17process to identify high violence communities, also known as R3
18(Restore, Reinvest, and Renew) areas, and prioritize State
19dollars to go to these communities to fund programs as well as
20community and economic development projects that would address
21the underlying causes of crime and violence.
22    Due to a variety of reasons, including in particular the
23State's budget impasse, funds were unavailable to establish
24such a comprehensive policy. Policies like R3 are needed in
25order to provide communities that have historically suffered

 

 

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1from divestment, poverty, and incarceration with smart
2solutions that can solve the plague of violence. It is clear
3that violence is a public health problem that needs to be
4treated as such, a disease. Research has shown that when
5violence is treated in such a way, then its effects can be
6slowed or even halted.
 
7    Section 72-15. Report. The Department of Public Health and
8the Department of Human Services are required to report their
9findings to the General Assembly by December 31, 2021.
 
10
Article 75.

 
11    Section 75-5. The Illinois Public Aid Code is amended by
12changing Section 9A-11 as follows:
 
13    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
14    Sec. 9A-11. Child care.
15    (a) The General Assembly recognizes that families with
16children need child care in order to work. Child care is
17expensive and families with low incomes, including those who
18are transitioning from welfare to work, often struggle to pay
19the costs of day care. The General Assembly understands the
20importance of helping low-income working families become and
21remain self-sufficient. The General Assembly also believes
22that it is the responsibility of families to share in the costs

 

 

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1of child care. It is also the preference of the General
2Assembly that all working poor families should be treated
3equally, regardless of their welfare status.
4    (b) To the extent resources permit, the Illinois Department
5shall provide child care services to parents or other relatives
6as defined by rule who are working or participating in
7employment or Department approved education or training
8programs. At a minimum, the Illinois Department shall cover the
9following categories of families:
10        (1) recipients of TANF under Article IV participating
11    in work and training activities as specified in the
12    personal plan for employment and self-sufficiency;
13        (2) families transitioning from TANF to work;
14        (3) families at risk of becoming recipients of TANF;
15        (4) families with special needs as defined by rule;
16        (5) working families with very low incomes as defined
17    by rule;
18        (6) families that are not recipients of TANF and that
19    need child care assistance to participate in education and
20    training activities; and
21        (7) families with children under the age of 5 who have
22    an open intact family services case with the Department of
23    Children and Family Services. Any family that receives
24    child care assistance in accordance with this paragraph
25    shall remain eligible for child care assistance 6 months
26    after the child's intact family services case is closed,

 

 

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1    regardless of whether the child's parents or other
2    relatives as defined by rule are working or participating
3    in Department approved employment or education or training
4    programs. The Department of Human Services, in
5    consultation with the Department of Children and Family
6    Services, shall adopt rules to protect the privacy of
7    families who are the subject of an open intact family
8    services case when such families enroll in child care
9    services. Additional rules shall be adopted to offer
10    children who have an open intact family services case the
11    opportunity to receive an Early Intervention screening and
12    other services that their families may be eligible for as
13    provided by the Department of Human Services.
14    The Department shall specify by rule the conditions of
15eligibility, the application process, and the types, amounts,
16and duration of services. Eligibility for child care benefits
17and the amount of child care provided may vary based on family
18size, income, and other factors as specified by rule.
19    The Department shall update the Child Care Assistance
20Program Eligibility Calculator posted on its website to include
21a question on whether a family is applying for child care
22assistance for the first time or is applying for a
23redetermination of eligibility.
24    A family's eligibility for child care services shall be
25redetermined no sooner than 12 months following the initial
26determination or most recent redetermination. During the

 

 

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112-month periods, the family shall remain eligible for child
2care services regardless of (i) a change in family income,
3unless family income exceeds 85% of State median income, or
4(ii) a temporary change in the ongoing status of the parents or
5other relatives, as defined by rule, as working or attending a
6job training or educational program.
7    In determining income eligibility for child care benefits,
8the Department annually, at the beginning of each fiscal year,
9shall establish, by rule, one income threshold for each family
10size, in relation to percentage of State median income for a
11family of that size, that makes families with incomes below the
12specified threshold eligible for assistance and families with
13incomes above the specified threshold ineligible for
14assistance. Through and including fiscal year 2007, the
15specified threshold must be no less than 50% of the
16then-current State median income for each family size.
17Beginning in fiscal year 2008, the specified threshold must be
18no less than 185% of the then-current federal poverty level for
19each family size. Notwithstanding any other provision of law or
20administrative rule to the contrary, beginning in fiscal year
212019, the specified threshold for working families with very
22low incomes as defined by rule must be no less than 185% of the
23then-current federal poverty level for each family size.
24    In determining eligibility for assistance, the Department
25shall not give preference to any category of recipients or give
26preference to individuals based on their receipt of benefits

 

 

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1under this Code.
2    Nothing in this Section shall be construed as conferring
3entitlement status to eligible families.
4    The Illinois Department is authorized to lower income
5eligibility ceilings, raise parent co-payments, create waiting
6lists, or take such other actions during a fiscal year as are
7necessary to ensure that child care benefits paid under this
8Article do not exceed the amounts appropriated for those child
9care benefits. These changes may be accomplished by emergency
10rule under Section 5-45 of the Illinois Administrative
11Procedure Act, except that the limitation on the number of
12emergency rules that may be adopted in a 24-month period shall
13not apply.
14    The Illinois Department may contract with other State
15agencies or child care organizations for the administration of
16child care services.
17    (c) Payment shall be made for child care that otherwise
18meets the requirements of this Section and applicable standards
19of State and local law and regulation, including any
20requirements the Illinois Department promulgates by rule in
21addition to the licensure requirements promulgated by the
22Department of Children and Family Services and Fire Prevention
23and Safety requirements promulgated by the Office of the State
24Fire Marshal, and is provided in any of the following:
25        (1) a child care center which is licensed or exempt
26    from licensure pursuant to Section 2.09 of the Child Care

 

 

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1    Act of 1969;
2        (2) a licensed child care home or home exempt from
3    licensing;
4        (3) a licensed group child care home;
5        (4) other types of child care, including child care
6    provided by relatives or persons living in the same home as
7    the child, as determined by the Illinois Department by
8    rule.
9    (c-5) Solely for the purposes of coverage under the
10Illinois Public Labor Relations Act, child and day care home
11providers, including licensed and license exempt,
12participating in the Department's child care assistance
13program shall be considered to be public employees and the
14State of Illinois shall be considered to be their employer as
15of January 1, 2006 (the effective date of Public Act 94-320),
16but not before. The State shall engage in collective bargaining
17with an exclusive representative of child and day care home
18providers participating in the child care assistance program
19concerning their terms and conditions of employment that are
20within the State's control. Nothing in this subsection shall be
21understood to limit the right of families receiving services
22defined in this Section to select child and day care home
23providers or supervise them within the limits of this Section.
24The State shall not be considered to be the employer of child
25and day care home providers for any purposes not specifically
26provided in Public Act 94-320, including, but not limited to,

 

 

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1purposes of vicarious liability in tort and purposes of
2statutory retirement or health insurance benefits. Child and
3day care home providers shall not be covered by the State
4Employees Group Insurance Act of 1971.
5    In according child and day care home providers and their
6selected representative rights under the Illinois Public Labor
7Relations Act, the State intends that the State action
8exemption to application of federal and State antitrust laws be
9fully available to the extent that their activities are
10authorized by Public Act 94-320.
11    (d) The Illinois Department shall establish, by rule, a
12co-payment scale that provides for cost sharing by families
13that receive child care services, including parents whose only
14income is from assistance under this Code. The co-payment shall
15be based on family income and family size and may be based on
16other factors as appropriate. Co-payments may be waived for
17families whose incomes are at or below the federal poverty
18level.
19    (d-5) The Illinois Department, in consultation with its
20Child Care and Development Advisory Council, shall develop a
21plan to revise the child care assistance program's co-payment
22scale. The plan shall be completed no later than February 1,
232008, and shall include:
24        (1) findings as to the percentage of income that the
25    average American family spends on child care and the
26    relative amounts that low-income families and the average

 

 

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1    American family spend on other necessities of life;
2        (2) recommendations for revising the child care
3    co-payment scale to assure that families receiving child
4    care services from the Department are paying no more than
5    they can reasonably afford;
6        (3) recommendations for revising the child care
7    co-payment scale to provide at-risk children with complete
8    access to Preschool for All and Head Start; and
9        (4) recommendations for changes in child care program
10    policies that affect the affordability of child care.
11    (e) (Blank).
12    (f) The Illinois Department shall, by rule, set rates to be
13paid for the various types of child care. Child care may be
14provided through one of the following methods:
15        (1) arranging the child care through eligible
16    providers by use of purchase of service contracts or
17    vouchers;
18        (2) arranging with other agencies and community
19    volunteer groups for non-reimbursed child care;
20        (3) (blank); or
21        (4) adopting such other arrangements as the Department
22    determines appropriate.
23    (f-1) Within 30 days after June 4, 2018 (the effective date
24of Public Act 100-587), the Department of Human Services shall
25establish rates for child care providers that are no less than
26the rates in effect on January 1, 2018 increased by 4.26%.

 

 

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1    (f-5) (Blank).
2    (g) Families eligible for assistance under this Section
3shall be given the following options:
4        (1) receiving a child care certificate issued by the
5    Department or a subcontractor of the Department that may be
6    used by the parents as payment for child care and
7    development services only; or
8        (2) if space is available, enrolling the child with a
9    child care provider that has a purchase of service contract
10    with the Department or a subcontractor of the Department
11    for the provision of child care and development services.
12    The Department may identify particular priority
13    populations for whom they may request special
14    consideration by a provider with purchase of service
15    contracts, provided that the providers shall be permitted
16    to maintain a balance of clients in terms of household
17    incomes and families and children with special needs, as
18    defined by rule.
19(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
20100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
218-17-18; 101-81, eff. 7-12-19.)
 
22
Article 80.

 
23    Section 80-5. The Employee Sick Leave Act is amended by
24changing Sections 5 and 10 as follows:
 

 

 

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1    (820 ILCS 191/5)
2    Sec. 5. Definitions. In this Act:
3    "Covered family member" means an employee's child,
4stepchild, spouse, domestic partner, sibling, parent,
5mother-in-law, father-in-law, grandchild, grandparent, or
6stepparent.
7    "Department" means the Department of Labor.
8    "Personal care" means activities to ensure that a covered
9family member's basic medical, hygiene, nutritional, or safety
10needs are met, or to provide transportation to medical
11appointments, for a covered family member who is unable to meet
12those needs himself or herself. "Personal care" also means
13being physically present to provide emotional support to a
14covered family member with a serious health condition who is
15receiving inpatient or home care.
16    "Personal sick leave benefits" means any paid or unpaid
17time available to an employee as provided through an employment
18benefit plan or paid time off policy to be used as a result of
19absence from work due to personal illness, injury, or medical
20appointment or for personal care of a covered family member. An
21employment benefit plan or paid time off policy does not
22include long term disability, short term disability, an
23insurance policy, or other comparable benefit plan or policy.
24(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 

 

 

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1    (820 ILCS 191/10)
2    Sec. 10. Use of leave; limitations.
3    (a) An employee may use personal sick leave benefits
4provided by the employer for absences due to an illness,
5injury, or medical appointment of the employee's child,
6stepchild, spouse, domestic partner, sibling, parent,
7mother-in-law, father-in-law, grandchild, grandparent, or
8stepparent, or for personal care of a covered family member on
9the same terms upon which the employee is able to use personal
10sick leave benefits for the employee's own illness or injury.
11An employer may request written verification of the employee's
12absence from a health care professional if such verification is
13required under the employer's employment benefit plan or paid
14time off policy.
15    (b) An employer may limit the use of personal sick leave
16benefits provided by the employer for absences due to an
17illness, injury, or medical appointment of the employee's
18child, stepchild, spouse, domestic partner, sibling, parent,
19mother-in-law, father-in-law, grandchild, grandparent, or
20stepparent to an amount not less than the personal sick leave
21that would be earned or accrued during 6 months at the
22employee's then current rate of entitlement. For employers who
23base personal sick leave benefits on an employee's years of
24service instead of annual or monthly accrual, such employer may
25limit the amount of sick leave to be used under this Act to
26half of the employee's maximum annual grant.

 

 

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1    (c) An employer who provides personal sick leave benefits
2or a paid time off policy that would otherwise provide benefits
3as required under subsections (a) and (b) shall not be required
4to modify such benefits.
5(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
6
Article 90.

 
7    Section 90-5. The Nursing Home Care Act is amended by
8adding Section 3-206.06 as follows:
 
9    (210 ILCS 45/3-206.06 new)
10    Sec. 3-206.06. Testing for Legionella bacteria. A facility
11shall develop a policy for testing its water supply for
12Legionella bacteria. The policy shall include the frequency
13with which testing is conducted. The policy and the results of
14any tests shall be made available to the Department upon
15request.
 
16    Section 90-10. The Hospital Licensing Act is amended by
17adding Section 6.29 as follows:
 
18    (210 ILCS 85/6.29 new)
19    Sec. 6.29. Testing for Legionella bacteria. A hospital
20shall develop a policy for testing its water supply for
21Legionella bacteria. The policy shall include the frequency

 

 

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1with which testing is conducted. The policy and the results of
2any tests shall be made available to the Department upon
3request.
 
4
Article 95.

 
5    Section 95-5. The Child Care Act of 1969 is amended by
6changing Section 7 as follows:
 
7    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
8    Sec. 7. (a) The Department must prescribe and publish
9minimum standards for licensing that apply to the various types
10of facilities for child care defined in this Act and that are
11equally applicable to like institutions under the control of
12the Department and to foster family homes used by and under the
13direct supervision of the Department. The Department shall seek
14the advice and assistance of persons representative of the
15various types of child care facilities in establishing such
16standards. The standards prescribed and published under this
17Act take effect as provided in the Illinois Administrative
18Procedure Act, and are restricted to regulations pertaining to
19the following matters and to any rules and regulations required
20or permitted by any other Section of this Act:
21        (1) The operation and conduct of the facility and
22    responsibility it assumes for child care;
23        (2) The character, suitability and qualifications of

 

 

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1    the applicant and other persons directly responsible for
2    the care and welfare of children served. All child day care
3    center licensees and employees who are required to report
4    child abuse or neglect under the Abused and Neglected Child
5    Reporting Act shall be required to attend training on
6    recognizing child abuse and neglect, as prescribed by
7    Department rules;
8        (3) The general financial ability and competence of the
9    applicant to provide necessary care for children and to
10    maintain prescribed standards;
11        (4) The number of individuals or staff required to
12    insure adequate supervision and care of the children
13    received. The standards shall provide that each child care
14    institution, maternity center, day care center, group
15    home, day care home, and group day care home shall have on
16    its premises during its hours of operation at least one
17    staff member certified in first aid, in the Heimlich
18    maneuver and in cardiopulmonary resuscitation by the
19    American Red Cross or other organization approved by rule
20    of the Department. Child welfare agencies shall not be
21    subject to such a staffing requirement. The Department may
22    offer, or arrange for the offering, on a periodic basis in
23    each community in this State in cooperation with the
24    American Red Cross, the American Heart Association or other
25    appropriate organization, voluntary programs to train
26    operators of foster family homes and day care homes in

 

 

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1    first aid and cardiopulmonary resuscitation;
2        (5) The appropriateness, safety, cleanliness, and
3    general adequacy of the premises, including maintenance of
4    adequate fire prevention and health standards conforming
5    to State laws and municipal codes to provide for the
6    physical comfort, care, and well-being of children
7    received;
8        (6) Provisions for food, clothing, educational
9    opportunities, program, equipment and individual supplies
10    to assure the healthy physical, mental, and spiritual
11    development of children served;
12        (7) Provisions to safeguard the legal rights of
13    children served;
14        (8) Maintenance of records pertaining to the
15    admission, progress, health, and discharge of children,
16    including, for day care centers and day care homes, records
17    indicating each child has been immunized as required by
18    State regulations. The Department shall require proof that
19    children enrolled in a facility have been immunized against
20    Haemophilus Influenzae B (HIB);
21        (9) Filing of reports with the Department;
22        (10) Discipline of children;
23        (11) Protection and fostering of the particular
24    religious faith of the children served;
25        (12) Provisions prohibiting firearms on day care
26    center premises except in the possession of peace officers;

 

 

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1        (13) Provisions prohibiting handguns on day care home
2    premises except in the possession of peace officers or
3    other adults who must possess a handgun as a condition of
4    employment and who reside on the premises of a day care
5    home;
6        (14) Provisions requiring that any firearm permitted
7    on day care home premises, except handguns in the
8    possession of peace officers, shall be kept in a
9    disassembled state, without ammunition, in locked storage,
10    inaccessible to children and that ammunition permitted on
11    day care home premises shall be kept in locked storage
12    separate from that of disassembled firearms, inaccessible
13    to children;
14        (15) Provisions requiring notification of parents or
15    guardians enrolling children at a day care home of the
16    presence in the day care home of any firearms and
17    ammunition and of the arrangements for the separate, locked
18    storage of such firearms and ammunition;
19        (16) Provisions requiring all licensed child care
20    facility employees who care for newborns and infants to
21    complete training every 3 years on the nature of sudden
22    unexpected infant death (SUID), sudden infant death
23    syndrome (SIDS), and the safe sleep recommendations of the
24    American Academy of Pediatrics; and
25        (17) With respect to foster family homes, provisions
26    requiring the Department to review quality of care concerns

 

 

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1    and to consider those concerns in determining whether a
2    foster family home is qualified to care for children.
3    By July 1, 2022, all licensed day care home providers,
4licensed group day care home providers, and licensed day care
5center directors and classroom staff shall participate in at
6least one training that includes the topics of early childhood
7social emotional learning, infant and early childhood mental
8health, early childhood trauma, or adverse childhood
9experiences. Current licensed providers, directors, and
10classroom staff shall complete training by July 1, 2022 and
11shall participate in training that includes the above topics at
12least once every 3 years.
13    (b) If, in a facility for general child care, there are
14children diagnosed as mentally ill or children diagnosed as
15having an intellectual or physical disability, who are
16determined to be in need of special mental treatment or of
17nursing care, or both mental treatment and nursing care, the
18Department shall seek the advice and recommendation of the
19Department of Human Services, the Department of Public Health,
20or both Departments regarding the residential treatment and
21nursing care provided by the institution.
22    (c) The Department shall investigate any person applying to
23be licensed as a foster parent to determine whether there is
24any evidence of current drug or alcohol abuse in the
25prospective foster family. The Department shall not license a
26person as a foster parent if drug or alcohol abuse has been

 

 

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1identified in the foster family or if a reasonable suspicion of
2such abuse exists, except that the Department may grant a
3foster parent license to an applicant identified with an
4alcohol or drug problem if the applicant has successfully
5participated in an alcohol or drug treatment program, self-help
6group, or other suitable activities and if the Department
7determines that the foster family home can provide a safe,
8appropriate environment and meet the physical and emotional
9needs of children.
10    (d) The Department, in applying standards prescribed and
11published, as herein provided, shall offer consultation
12through employed staff or other qualified persons to assist
13applicants and licensees in meeting and maintaining minimum
14requirements for a license and to help them otherwise to
15achieve programs of excellence related to the care of children
16served. Such consultation shall include providing information
17concerning education and training in early childhood
18development to providers of day care home services. The
19Department may provide or arrange for such education and
20training for those providers who request such assistance.
21    (e) The Department shall distribute copies of licensing
22standards to all licensees and applicants for a license. Each
23licensee or holder of a permit shall distribute copies of the
24appropriate licensing standards and any other information
25required by the Department to child care facilities under its
26supervision. Each licensee or holder of a permit shall maintain

 

 

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1appropriate documentation of the distribution of the
2standards. Such documentation shall be part of the records of
3the facility and subject to inspection by authorized
4representatives of the Department.
5    (f) The Department shall prepare summaries of day care
6licensing standards. Each licensee or holder of a permit for a
7day care facility shall distribute a copy of the appropriate
8summary and any other information required by the Department,
9to the legal guardian of each child cared for in that facility
10at the time when the child is enrolled or initially placed in
11the facility. The licensee or holder of a permit for a day care
12facility shall secure appropriate documentation of the
13distribution of the summary and brochure. Such documentation
14shall be a part of the records of the facility and subject to
15inspection by an authorized representative of the Department.
16    (g) The Department shall distribute to each licensee and
17holder of a permit copies of the licensing or permit standards
18applicable to such person's facility. Each licensee or holder
19of a permit shall make available by posting at all times in a
20common or otherwise accessible area a complete and current set
21of licensing standards in order that all employees of the
22facility may have unrestricted access to such standards. All
23employees of the facility shall have reviewed the standards and
24any subsequent changes. Each licensee or holder of a permit
25shall maintain appropriate documentation of the current review
26of licensing standards by all employees. Such records shall be

 

 

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1part of the records of the facility and subject to inspection
2by authorized representatives of the Department.
3    (h) Any standards involving physical examinations,
4immunization, or medical treatment shall include appropriate
5exemptions for children whose parents object thereto on the
6grounds that they conflict with the tenets and practices of a
7recognized church or religious organization, of which the
8parent is an adherent or member, and for children who should
9not be subjected to immunization for clinical reasons.
10    (i) The Department, in cooperation with the Department of
11Public Health, shall work to increase immunization awareness
12and participation among parents of children enrolled in day
13care centers and day care homes by publishing on the
14Department's website information about the benefits of
15immunization against vaccine preventable diseases, including
16influenza and pertussis. The information for vaccine
17preventable diseases shall include the incidence and severity
18of the diseases, the availability of vaccines, and the
19importance of immunizing children and persons who frequently
20have close contact with children. The website content shall be
21reviewed annually in collaboration with the Department of
22Public Health to reflect the most current recommendations of
23the Advisory Committee on Immunization Practices (ACIP). The
24Department shall work with day care centers and day care homes
25licensed under this Act to ensure that the information is
26annually distributed to parents in August or September.

 

 

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1    (j) Any standard adopted by the Department that requires an
2applicant for a license to operate a day care home to include a
3copy of a high school diploma or equivalent certificate with
4his or her application shall be deemed to be satisfied if the
5applicant includes a copy of a high school diploma or
6equivalent certificate or a copy of a degree from an accredited
7institution of higher education or vocational institution or
8equivalent certificate.
9(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
10100-201, eff. 8-18-17.)
 
11
Article 100.

 
12    Section 100-1. Short title. This Article may be cited as
13the Special Commission on Gynecologic Cancers Act.
 
14    Section 100-5. Creation; members; duties; report.    
15    (a) The Special Commission on Gynecologic Cancers is
16created. Membership of the Commission shall be as follows:
17        (1) A representative of the Illinois Comprehensive
18    Cancer Control Program, appointed by the Director of Public
19    Health;
20        (2) The Director of Insurance, or his or her designee;
21    and
22        (3) 20 members who shall be appointed as follows:
23                (A) three members appointed by the Speaker of

 

 

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1        the House of Representatives, one of whom shall be a
2        survivor of ovarian cancer, one of whom shall be a
3        survivor of cervical, vaginal, vulvar, or uterine
4        cancer, and one of whom shall be a medical specialist
5        in gynecologic cancers;
6                (B) three members appointed by the Senate
7        President, one of whom shall be a survivor of ovarian
8        cancer, one of whom shall be a survivor of cervical,
9        vaginal, vulvar, or uterine cancer, and one of whom
10        shall be a medical specialist in gynecologic cancers;
11                (C) three members appointed by the House
12        Minority Leader, one of whom shall be a survivor of
13        ovarian cancer, one of whom shall be a survivor of
14        cervical, vaginal, vulvar, or uterine cancer, and one
15        of whom shall be a medical specialist in gynecologic
16        cancers;
17                (D) three members appointed by the Senate
18        Minority Leader, one of whom shall be a survivor of
19        ovarian cancer, one of whom shall be a survivor of
20        cervical, vaginal, vulvar, or uterine cancer, and one
21        of whom shall be a medical specialist in gynecologic
22        cancers; and
23                (E) eight members appointed by the Governor,
24        one of whom shall be a caregiver of a woman diagnosed
25        with a gynecologic cancer, one of whom shall be a
26        medical specialist in gynecologic cancers, one of whom

 

 

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1        shall be an individual with expertise in community
2        based health care and issues affecting underserved and
3        vulnerable populations, 2 of whom shall be individuals
4        representing gynecologic cancer awareness and support
5        groups in the State, one of whom shall be a researcher
6        specializing in gynecologic cancers, and 2 of whom
7        shall be members of the public with demonstrated
8        expertise in issues relating to the work of the
9        Commission.
10    (b) Members of the Commission shall serve without
11compensation or reimbursement from the Commission. Members
12shall select a Chair from among themselves and the Chair shall
13set the meeting schedule.
14    (c) The Illinois Department of Public Health shall provide
15administrative support to the Commission.
16    (d) The Commission is charged with the study of the
17following:
18        (1) establishing a mechanism to ascertain the
19    prevalence of gynecologic cancers in the State and, to the
20    extent possible, to collect statistics relative to the
21    timing of diagnosis and risk factors associated with
22    gynecologic cancers;
23        (2) determining how to best effectuate early diagnosis
24    and treatment for gynecologic cancer patients;
25        (3) determining best practices for closing disparities
26    in outcomes for gynecologic cancer patients and innovative

 

 

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1    approaches to reaching underserved and vulnerable
2    populations;
3        (4) determining any unmet needs of persons with
4    gynecologic cancers and those of their families; and
5        (5) providing recommendations for additional
6    legislation, support programs, and resources to meet the
7    unmet needs of persons with gynecologic cancers and their
8    families.
9    (e) The Commission shall file its final report with the
10General Assembly no later than December 31, 2021 and, upon the
11filing of its report, is dissolved.
 
12    Section 100-90. Repeal. This Article is repealed on January
131, 2023.
 
14
Article 105.

 
15    Section 105-5. The Illinois Public Aid Code is amended by
16changing Section 5A-12.7 as follows:
 
17    (305 ILCS 5/5A-12.7)
18    (Section scheduled to be repealed on December 31, 2022)
19    Sec. 5A-12.7. Continuation of hospital access payments on
20and after July 1, 2020.
21    (a) To preserve and improve access to hospital services,
22for hospital services rendered on and after July 1, 2020, the

 

 

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1Department shall, except for hospitals described in subsection
2(b) of Section 5A-3, make payments to hospitals or require
3capitated managed care organizations to make payments as set
4forth in this Section. Payments under this Section are not due
5and payable, however, until: (i) the methodologies described in
6this Section are approved by the federal government in an
7appropriate State Plan amendment or directed payment preprint;
8and (ii) the assessment imposed under this Article is
9determined to be a permissible tax under Title XIX of the
10Social Security Act. In determining the hospital access
11payments authorized under subsection (g) of this Section, if a
12hospital ceases to qualify for payments from the pool, the
13payments for all hospitals continuing to qualify for payments
14from such pool shall be uniformly adjusted to fully expend the
15aggregate net amount of the pool, with such adjustment being
16effective on the first day of the second month following the
17date the hospital ceases to receive payments from such pool.
18    (b) Amounts moved into claims-based rates and distributed
19in accordance with Section 14-12 shall remain in those
20claims-based rates.
21    (c) Graduate medical education.
22        (1) The calculation of graduate medical education
23    payments shall be based on the hospital's Medicare cost
24    report ending in Calendar Year 2018, as reported in the
25    Healthcare Cost Report Information System file, release
26    date September 30, 2019. An Illinois hospital reporting

 

 

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1    intern and resident cost on its Medicare cost report shall
2    be eligible for graduate medical education payments.
3        (2) Each hospital's annualized Medicaid Intern
4    Resident Cost is calculated using annualized intern and
5    resident total costs obtained from Worksheet B Part I,
6    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
7    96-98, and 105-112 multiplied by the percentage that the
8    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
9    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
10    hospital's total days (Worksheet S3 Part I, Column 8, Lines
11    14, 16-18, and 32).
12        (3) An annualized Medicaid indirect medical education
13    (IME) payment is calculated for each hospital using its IME
14    payments (Worksheet E Part A, Line 29, Column 1) multiplied
15    by the percentage that its Medicaid days (Worksheet S3 Part
16    I, Column 7, Lines 2, 3, 4, 14, 16-18, and 32) comprise of
17    its Medicare days (Worksheet S3 Part I, Column 6, Lines 2,
18    3, 4, 14, and 16-18).
19        (4) For each hospital, its annualized Medicaid Intern
20    Resident Cost and its annualized Medicaid IME payment are
21    summed, and, except as capped at 120% of the average cost
22    per intern and resident for all qualifying hospitals as
23    calculated under this paragraph, is multiplied by 22.6% to
24    determine the hospital's final graduate medical education
25    payment. Each hospital's average cost per intern and
26    resident shall be calculated by summing its total

 

 

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1    annualized Medicaid Intern Resident Cost plus its
2    annualized Medicaid IME payment and dividing that amount by
3    the hospital's total Full Time Equivalent Residents and
4    Interns. If the hospital's average per intern and resident
5    cost is greater than 120% of the same calculation for all
6    qualifying hospitals, the hospital's per intern and
7    resident cost shall be capped at 120% of the average cost
8    for all qualifying hospitals.
9    (d) Fee-for-service supplemental payments. Each Illinois
10hospital shall receive an annual payment equal to the amounts
11below, to be paid in 12 equal installments on or before the
12seventh State business day of each month, except that no
13payment shall be due within 30 days after the later of the date
14of notification of federal approval of the payment
15methodologies required under this Section or any waiver
16required under 42 CFR 433.68, at which time the sum of amounts
17required under this Section prior to the date of notification
18is due and payable.
19        (1) For critical access hospitals, $385 per covered
20    inpatient day contained in paid fee-for-service claims and
21    $530 per paid fee-for-service outpatient claim for dates of
22    service in Calendar Year 2019 in the Department's
23    Enterprise Data Warehouse as of May 11, 2020.
24        (2) For safety-net hospitals, $960 per covered
25    inpatient day contained in paid fee-for-service claims and
26    $625 per paid fee-for-service outpatient claim for dates of

 

 

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1    service in Calendar Year 2019 in the Department's
2    Enterprise Data Warehouse as of May 11, 2020.
3        (3) For long term acute care hospitals, $295 per
4    covered inpatient day contained in paid fee-for-service
5    claims for dates of service in Calendar Year 2019 in the
6    Department's Enterprise Data Warehouse as of May 11, 2020.
7        (4) For freestanding psychiatric hospitals, $125 per
8    covered inpatient day contained in paid fee-for-service
9    claims and $130 per paid fee-for-service outpatient claim
10    for dates of service in Calendar Year 2019 in the
11    Department's Enterprise Data Warehouse as of May 11, 2020.
12        (5) For freestanding rehabilitation hospitals, $355
13    per covered inpatient day contained in paid
14    fee-for-service claims for dates of service in Calendar
15    Year 2019 in the Department's Enterprise Data Warehouse as
16    of May 11, 2020.
17        (6) For all general acute care hospitals and high
18    Medicaid hospitals as defined in subsection (f), $350 per
19    covered inpatient day for dates of service in Calendar Year
20    2019 contained in paid fee-for-service claims and $620 per
21    paid fee-for-service outpatient claim in the Department's
22    Enterprise Data Warehouse as of May 11, 2020.
23        (7) Alzheimer's treatment access payment. Each
24    Illinois academic medical center or teaching hospital, as
25    defined in Section 5-5e.2 of this Code, that is identified
26    as the primary hospital affiliate of one of the Regional

 

 

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1    Alzheimer's Disease Assistance Centers, as designated by
2    the Alzheimer's Disease Assistance Act and identified in
3    the Department of Public Health's Alzheimer's Disease
4    State Plan dated December 2016, shall be paid an
5    Alzheimer's treatment access payment equal to the product
6    of the qualifying hospital's State Fiscal Year 2018 total
7    inpatient fee-for-service days multiplied by the
8    applicable Alzheimer's treatment rate of $226.30 for
9    hospitals located in Cook County and $116.21 for hospitals
10    located outside Cook County.
11    (e) The Department shall require managed care
12organizations (MCOs) to make directed payments and
13pass-through payments according to this Section. Each calendar
14year, the Department shall require MCOs to pay the maximum
15amount out of these funds as allowed as pass-through payments
16under federal regulations. The Department shall require MCOs to
17make such pass-through payments as specified in this Section.
18The Department shall require the MCOs to pay the remaining
19amounts as directed Payments as specified in this Section. The
20Department shall issue payments to the Comptroller by the
21seventh business day of each month for all MCOs that are
22sufficient for MCOs to make the directed payments and
23pass-through payments according to this Section. The
24Department shall require the MCOs to make pass-through payments
25and directed payments using electronic funds transfers (EFT),
26if the hospital provides the information necessary to process

 

 

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1such EFTs, in accordance with directions provided monthly by
2the Department, within 7 business days of the date the funds
3are paid to the MCOs, as indicated by the "Paid Date" on the
4website of the Office of the Comptroller if the funds are paid
5by EFT and the MCOs have received directed payment
6instructions. If funds are not paid through the Comptroller by
7EFT, payment must be made within 7 business days of the date
8actually received by the MCO. The MCO will be considered to
9have paid the pass-through payments when the payment remittance
10number is generated or the date the MCO sends the check to the
11hospital, if EFT information is not supplied. If an MCO is late
12in paying a pass-through payment or directed payment as
13required under this Section (including any extensions granted
14by the Department), it shall pay a penalty, unless waived by
15the Department for reasonable cause, to the Department equal to
165% of the amount of the pass-through payment or directed
17payment not paid on or before the due date plus 5% of the
18portion thereof remaining unpaid on the last day of each 30-day
19period thereafter. Payments to MCOs that would be paid
20consistent with actuarial certification and enrollment in the
21absence of the increased capitation payments under this Section
22shall not be reduced as a consequence of payments made under
23this subsection. The Department shall publish and maintain on
24its website for a period of no less than 8 calendar quarters,
25the quarterly calculation of directed payments and
26pass-through payments owed to each hospital from each MCO. All

 

 

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1calculations and reports shall be posted no later than the
2first day of the quarter for which the payments are to be
3issued.
4    (f)(1) For purposes of allocating the funds included in
5capitation payments to MCOs, Illinois hospitals shall be
6divided into the following classes as defined in administrative
7rules:
8        (A) Critical access hospitals.
9        (B) Safety-net hospitals, except that stand-alone
10    children's hospitals that are not specialty children's
11    hospitals will not be included.
12        (C) Long term acute care hospitals.
13        (D) Freestanding psychiatric hospitals.
14        (E) Freestanding rehabilitation hospitals.
15        (F) High Medicaid hospitals. As used in this Section,
16    "high Medicaid hospital" means a general acute care
17    hospital that is not a safety-net hospital or critical
18    access hospital and that has a Medicaid Inpatient
19    Utilization Rate above 30% or a hospital that had over
20    35,000 inpatient Medicaid days during the applicable
21    period. For the period July 1, 2020 through December 31,
22    2020, the applicable period for the Medicaid Inpatient
23    Utilization Rate (MIUR) is the rate year 2020 MIUR and for
24    the number of inpatient days it is State fiscal year 2018.
25    Beginning in calendar year 2021, the Department shall use
26    the most recently determined MIUR, as defined in subsection

 

 

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1    (h) of Section 5-5.02, and for the inpatient day threshold,
2    the State fiscal year ending 18 months prior to the
3    beginning of the calendar year. For purposes of calculating
4    MIUR under this Section, children's hospitals and
5    affiliated general acute care hospitals shall be
6    considered a single hospital.
7        (G) General acute care hospitals. As used under this
8    Section, "general acute care hospitals" means all other
9    Illinois hospitals not identified in subparagraphs (A)
10    through (F).
11    (2) Hospitals' qualification for each class shall be
12assessed prior to the beginning of each calendar year and the
13new class designation shall be effective January 1 of the next
14year. The Department shall publish by rule the process for
15establishing class determination.
16    (g) Fixed pool directed payments. Beginning July 1, 2020,
17the Department shall issue payments to MCOs which shall be used
18to issue directed payments to qualified Illinois safety-net
19hospitals and critical access hospitals on a monthly basis in
20accordance with this subsection. Prior to the beginning of each
21Payout Quarter beginning July 1, 2020, the Department shall use
22encounter claims data from the Determination Quarter, accepted
23by the Department's Medicaid Management Information System for
24inpatient and outpatient services rendered by safety-net
25hospitals and critical access hospitals to determine a
26quarterly uniform per unit add-on for each hospital class.

 

 

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1        (1) Inpatient per unit add-on. A quarterly uniform per
2    diem add-on shall be derived by dividing the quarterly
3    Inpatient Directed Payments Pool amount allocated to the
4    applicable hospital class by the total inpatient days
5    contained on all encounter claims received during the
6    Determination Quarter, for all hospitals in the class.
7            (A) Each hospital in the class shall have a
8        quarterly inpatient directed payment calculated that
9        is equal to the product of the number of inpatient days
10        attributable to the hospital used in the calculation of
11        the quarterly uniform class per diem add-on,
12        multiplied by the calculated applicable quarterly
13        uniform class per diem add-on of the hospital class.
14            (B) Each hospital shall be paid 1/3 of its
15        quarterly inpatient directed payment in each of the 3
16        months of the Payout Quarter, in accordance with
17        directions provided to each MCO by the Department.
18        (2) Outpatient per unit add-on. A quarterly uniform per
19    claim add-on shall be derived by dividing the quarterly
20    Outpatient Directed Payments Pool amount allocated to the
21    applicable hospital class by the total outpatient
22    encounter claims received during the Determination
23    Quarter, for all hospitals in the class.
24            (A) Each hospital in the class shall have a
25        quarterly outpatient directed payment calculated that
26        is equal to the product of the number of outpatient

 

 

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1        encounter claims attributable to the hospital used in
2        the calculation of the quarterly uniform class per
3        claim add-on, multiplied by the calculated applicable
4        quarterly uniform class per claim add-on of the
5        hospital class.
6            (B) Each hospital shall be paid 1/3 of its
7        quarterly outpatient directed payment in each of the 3
8        months of the Payout Quarter, in accordance with
9        directions provided to each MCO by the Department.
10        (3) Each MCO shall pay each hospital the Monthly
11    Directed Payment as identified by the Department on its
12    quarterly determination report.
13        (4) Definitions. As used in this subsection:
14            (A) "Payout Quarter" means each 3 month calendar
15        quarter, beginning July 1, 2020.
16            (B) "Determination Quarter" means each 3 month
17        calendar quarter, which ends 3 months prior to the
18        first day of each Payout Quarter.
19        (5) For the period July 1, 2020 through December 2020,
20    the following amounts shall be allocated to the following
21    hospital class directed payment pools for the quarterly
22    development of a uniform per unit add-on:
23            (A) $2,894,500 for hospital inpatient services for
24        critical access hospitals.
25            (B) $4,294,374 for hospital outpatient services
26        for critical access hospitals.

 

 

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1            (C) $29,109,330 for hospital inpatient services
2        for safety-net hospitals.
3            (D) $35,041,218 for hospital outpatient services
4        for safety-net hospitals.
5    (h) Fixed rate directed payments. Effective July 1, 2020,
6the Department shall issue payments to MCOs which shall be used
7to issue directed payments to Illinois hospitals not identified
8in paragraph (g) on a monthly basis. Prior to the beginning of
9each Payout Quarter beginning July 1, 2020, the Department
10shall use encounter claims data from the Determination Quarter,
11accepted by the Department's Medicaid Management Information
12System for inpatient and outpatient services rendered by
13hospitals in each hospital class identified in paragraph (f)
14and not identified in paragraph (g). For the period July 1,
152020 through December 2020, the Department shall direct MCOs to
16make payments as follows:
17        (1) For general acute care hospitals an amount equal to
18    $1,750 multiplied by the hospital's category of service 20
19    case mix index for the determination quarter multiplied by
20    the hospital's total number of inpatient admissions for
21    category of service 20 for the determination quarter.
22        (2) For general acute care hospitals an amount equal to
23    $160 multiplied by the hospital's category of service 21
24    case mix index for the determination quarter multiplied by
25    the hospital's total number of inpatient admissions for
26    category of service 21 for the determination quarter.

 

 

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1        (3) For general acute care hospitals an amount equal to
2    $80 multiplied by the hospital's category of service 22
3    case mix index for the determination quarter multiplied by
4    the hospital's total number of inpatient admissions for
5    category of service 22 for the determination quarter.
6        (4) For general acute care hospitals an amount equal to
7    $375 multiplied by the hospital's category of service 24
8    case mix index for the determination quarter multiplied by
9    the hospital's total number of category of service 24 paid
10    EAPG (EAPGs) for the determination quarter.
11        (5) For general acute care hospitals an amount equal to
12    $240 multiplied by the hospital's category of service 27
13    and 28 case mix index for the determination quarter
14    multiplied by the hospital's total number of category of
15    service 27 and 28 paid EAPGs for the determination quarter.
16        (6) For general acute care hospitals an amount equal to
17    $290 multiplied by the hospital's category of service 29
18    case mix index for the determination quarter multiplied by
19    the hospital's total number of category of service 29 paid
20    EAPGs for the determination quarter.
21        (7) For high Medicaid hospitals an amount equal to
22    $1,800 multiplied by the hospital's category of service 20
23    case mix index for the determination quarter multiplied by
24    the hospital's total number of inpatient admissions for
25    category of service 20 for the determination quarter.
26        (8) For high Medicaid hospitals an amount equal to $160

 

 

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1    multiplied by the hospital's category of service 21 case
2    mix index for the determination quarter multiplied by the
3    hospital's total number of inpatient admissions for
4    category of service 21 for the determination quarter.
5        (9) For high Medicaid hospitals an amount equal to $80
6    multiplied by the hospital's category of service 22 case
7    mix index for the determination quarter multiplied by the
8    hospital's total number of inpatient admissions for
9    category of service 22 for the determination quarter.
10        (10) For high Medicaid hospitals an amount equal to
11    $400 multiplied by the hospital's category of service 24
12    case mix index for the determination quarter multiplied by
13    the hospital's total number of category of service 24 paid
14    EAPG outpatient claims for the determination quarter.
15        (11) For high Medicaid hospitals an amount equal to
16    $240 multiplied by the hospital's category of service 27
17    and 28 case mix index for the determination quarter
18    multiplied by the hospital's total number of category of
19    service 27 and 28 paid EAPGs for the determination quarter.
20        (12) For high Medicaid hospitals an amount equal to
21    $290 multiplied by the hospital's category of service 29
22    case mix index for the determination quarter multiplied by
23    the hospital's total number of category of service 29 paid
24    EAPGs for the determination quarter.
25        (13) For long term acute care hospitals the amount of
26    $495 multiplied by the hospital's total number of inpatient

 

 

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1    days for the determination quarter.
2        (14) For psychiatric hospitals the amount of $210
3    multiplied by the hospital's total number of inpatient days
4    for category of service 21 for the determination quarter.
5        (15) For psychiatric hospitals the amount of $250
6    multiplied by the hospital's total number of outpatient
7    claims for category of service 27 and 28 for the
8    determination quarter.
9        (16) For rehabilitation hospitals the amount of $410
10    multiplied by the hospital's total number of inpatient days
11    for category of service 22 for the determination quarter.
12        (17) For rehabilitation hospitals the amount of $100
13    multiplied by the hospital's total number of outpatient
14    claims for category of service 29 for the determination
15    quarter.
16        (18) Each hospital shall be paid 1/3 of their quarterly
17    inpatient and outpatient directed payment in each of the 3
18    months of the Payout Quarter, in accordance with directions
19    provided to each MCO by the Department.
20        (19) Each MCO shall pay each hospital the Monthly
21    Directed Payment amount as identified by the Department on
22    its quarterly determination report.
23    Notwithstanding any other provision of this subsection, if
24the Department determines that the actual total hospital
25utilization data that is used to calculate the fixed rate
26directed payments is substantially different than anticipated

 

 

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1when the rates in this subsection were initially determined
2(for unforeseeable circumstances such as the COVID-19
3pandemic), the Department may adjust the rates specified in
4this subsection so that the total directed payments approximate
5the total spending amount anticipated when the rates were
6initially established.
7    Definitions. As used in this subsection:
8            (A) "Payout Quarter" means each calendar quarter,
9        beginning July 1, 2020.
10            (B) "Determination Quarter" means each calendar
11        quarter which ends 3 months prior to the first day of
12        each Payout Quarter.
13            (C) "Case mix index" means a hospital specific
14        calculation. For inpatient claims the case mix index is
15        calculated each quarter by summing the relative weight
16        of all inpatient Diagnosis-Related Group (DRG) claims
17        for a category of service in the applicable
18        Determination Quarter and dividing the sum by the
19        number of sum total of all inpatient DRG admissions for
20        the category of service for the associated claims. The
21        case mix index for outpatient claims is calculated each
22        quarter by summing the relative weight of all paid
23        EAPGs in the applicable Determination Quarter and
24        dividing the sum by the sum total of paid EAPGs for the
25        associated claims.
26    (i) Beginning January 1, 2021, the rates for directed

 

 

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1payments shall be recalculated in order to spend the additional
2funds for directed payments that result from reduction in the
3amount of pass-through payments allowed under federal
4regulations. The additional funds for directed payments shall
5be allocated proportionally to each class of hospitals based on
6that class' proportion of services.
7    (j) Pass-through payments.
8        (1) For the period July 1, 2020 through December 31,
9    2020, the Department shall assign quarterly pass-through
10    payments to each class of hospitals equal to one-fourth of
11    the following annual allocations:
12            (A) $390,487,095 to safety-net hospitals.
13            (B) $62,553,886 to critical access hospitals.
14            (C) $345,021,438 to high Medicaid hospitals.
15            (D) $551,429,071 to general acute care hospitals.
16            (E) $27,283,870 to long term acute care hospitals.
17            (F) $40,825,444 to freestanding psychiatric
18        hospitals.
19            (G) $9,652,108 to freestanding rehabilitation
20        hospitals.
21        (2) The pass-through payments shall at a minimum ensure
22    hospitals receive a total amount of monthly payments under
23    this Section as received in calendar year 2019 in
24    accordance with this Article and paragraph (1) of
25    subsection (d-5) of Section 14-12, exclusive of amounts
26    received through payments referenced in subsection (b).

 

 

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1        (3) For the calendar year beginning January 1, 2021,
2    and each calendar year thereafter, each hospital's
3    pass-through payment amount shall be reduced
4    proportionally to the reduction of all pass-through
5    payments required by federal regulations.
6    (k) At least 30 days prior to each calendar year, the
7Department shall notify each hospital of changes to the payment
8methodologies in this Section, including, but not limited to,
9changes in the fixed rate directed payment rates, the aggregate
10pass-through payment amount for all hospitals, and the
11hospital's pass-through payment amount for the upcoming
12calendar year.
13    (l) Notwithstanding any other provisions of this Section,
14the Department may adopt rules to change the methodology for
15directed and pass-through payments as set forth in this
16Section, but only to the extent necessary to obtain federal
17approval of a necessary State Plan amendment or Directed
18Payment Preprint or to otherwise conform to federal law or
19federal regulation.
20    (m) As used in this subsection, "managed care organization"
21or "MCO" means an entity which contracts with the Department to
22provide services where payment for medical services is made on
23a capitated basis, excluding contracted entities for dual
24eligible or Department of Children and Family Services youth
25populations.
26    (n) In order to address the escalating infant mortality

 

 

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1rates among minority communities in Illinois, the State shall,
2subject to appropriation, create a pool of funding of at least
3$50,000,000 annually to be dispersed among safety-net
4hospitals that maintain perinatal designation from the
5Department of Public Health. The funding shall be used to
6preserve or enhance OB/GYN services or other specialty services
7at the receiving hospital.
8(Source: P.A. 101-650, eff. 7-7-20.)
 
9
Article 110.

 
10    Section 110-1. Short title. This Article may be cited as
11the Racial Impact Note Act.
 
12    Section 110-5. Racial impact note.
13    (a) Every bill which has or could have a disparate impact
14on racial and ethnic minorities, upon the request of any
15member, shall have prepared for it, before second reading in
16the house of introduction, a brief explanatory statement or
17note that shall include a reliable estimate of the anticipated
18impact on those racial and ethnic minorities likely to be
19impacted by the bill. Each racial impact note must include, for
20racial and ethnic minorities for which data are available: (i)
21an estimate of how the proposed legislation would impact racial
22and ethnic minorities; (ii) a statement of the methodologies
23and assumptions used in preparing the estimate; (iii) an

 

 

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1estimate of the racial and ethnic composition of the population
2who may be impacted by the proposed legislation, including
3those persons who may be negatively impacted and those persons
4who may benefit from the proposed legislation; and (iv) any
5other matter that a responding agency considers appropriate in
6relation to the racial and ethnic minorities likely to be
7affected by the bill.
 
8    Section 110-10. Preparation.
9    (a) The sponsor of each bill for which a request under
10Section 110-5 has been made shall present a copy of the bill
11with the request for a racial impact note to the appropriate
12responding agency or agencies under subsection (b). The
13responding agency or agencies shall prepare and submit the note
14to the sponsor of the bill within 5 calendar days, except that
15whenever, because of the complexity of the measure, additional
16time is required for the preparation of the racial impact note,
17the responding agency or agencies may inform the sponsor of the
18bill, and the sponsor may approve an extension of the time
19within which the note is to be submitted, not to extend,
20however, beyond June 15, following the date of the request. If,
21in the opinion of the responding agency or agencies, there is
22insufficient information to prepare a reliable estimate of the
23anticipated impact, a statement to that effect can be filed and
24shall meet the requirements of this Act.
25    (b) If a bill concerns arrests, convictions, or law

 

 

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1enforcement, a statement shall be prepared by the Illinois
2Criminal Justice Information Authority specifying the impact
3on racial and ethnic minorities. If a bill concerns
4corrections, sentencing, or the placement of individuals
5within the Department of Corrections, a statement shall be
6prepared by the Department of Corrections specifying the impact
7on racial and ethnic minorities. If a bill concerns local
8government, a statement shall be prepared by the Department of
9Commerce and Economic Opportunity specifying the impact on
10racial and ethnic minorities. If a bill concerns education, one
11of the following agencies shall prepare a statement specifying
12the impact on racial and ethnic minorities: (i) the Illinois
13Community College Board, if the bill affects community
14colleges; (ii) the Illinois State Board of Education, if the
15bill affects primary and secondary education; or (iii) the
16Illinois Board of Higher Education, if the bill affects State
17universities. Any other State agency impacted or responsible
18for implementing all or part of this bill shall prepare a
19statement of the racial and ethnic impact of the bill as it
20relates to that agency.
 
21    Section 110-15. Requisites and contents. The note shall be
22factual in nature, as brief and concise as may be, and, in
23addition, it shall include both the immediate effect and, if
24determinable or reasonably foreseeable, the long range effect
25of the measure on racial and ethnic minorities. If, after

 

 

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1careful investigation, it is determined that such an effect is
2not ascertainable, the note shall contain a statement to that
3effect, setting forth the reasons why no ascertainable effect
4can be given.
 
5    Section 110-20. Comment or opinion; technical or
6mechanical defects. No comment or opinion shall be included in
7the racial impact note with regard to the merits of the measure
8for which the racial impact note is prepared; however,
9technical or mechanical defects may be noted.
 
10    Section 110-25. Appearance of State officials and
11employees in support or opposition of measure. The fact that a
12racial impact note is prepared for any bill shall not preclude
13or restrict the appearance before any committee of the General
14Assembly of any official or authorized employee of the
15responding agency or agencies, or any other impacted State
16agency, who desires to be heard in support of or in opposition
17to the measure.
 
18
Article 115.

 
19    Section 115-5. The Department of Healthcare and Family
20Services Law of the Civil Administrative Code of Illinois is
21amended by adding Section 2205-35 as follows:
 

 

 

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1    (20 ILCS 2205/2205-35 new)
2    Sec. 2205-35. Increasing access to primary care in
3hospitals. The Department of Healthcare and Family Services
4shall develop a program to encourage coordination between
5Federally Qualified Health Centers (FQHCs) and hospitals,
6including, but not limited to, safety-net hospitals, with the
7goal of increasing care coordination, managing chronic
8diseases, and addressing the social determinants of health on
9or before December 31, 2021. In addition, the Department shall
10develop a payment methodology to allow FQHCs to provide care
11coordination services, including, but not limited to, chronic
12disease management and behavioral health services. The
13Department of Healthcare and Family Services shall develop a
14payment methodology to allow for care coordination services in
15FQHCs by no later than December 31, 2021.
 
16
Article 120.

 
17    Section 120-5. The Civil Administrative Code of Illinois is
18amended by changing Section 5-565 as follows:
 
19    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
20    Sec. 5-565. In the Department of Public Health.
21    (a) The General Assembly declares it to be the public
22policy of this State that all residents citizens of Illinois
23are entitled to lead healthy lives. Governmental public health

 

 

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1has a specific responsibility to ensure that a public health
2system is in place to allow the public health mission to be
3achieved. The public health system is the collection of public,
4private, and voluntary entities as well as individuals and
5informal associations that contribute to the public's health
6within the State. To develop a public health system requires
7certain core functions to be performed by government. The State
8Board of Health is to assume the leadership role in advising
9the Director in meeting the following functions:
10        (1) Needs assessment.
11        (2) Statewide health objectives.
12        (3) Policy development.
13        (4) Assurance of access to necessary services.
14    There shall be a State Board of Health composed of 20
15persons, all of whom shall be appointed by the Governor, with
16the advice and consent of the Senate for those appointed by the
17Governor on and after June 30, 1998, and one of whom shall be a
18senior citizen age 60 or over. Five members shall be physicians
19licensed to practice medicine in all its branches, one
20representing a medical school faculty, one who is board
21certified in preventive medicine, and one who is engaged in
22private practice. One member shall be a chiropractic physician.
23One member shall be a dentist; one an environmental health
24practitioner; one a local public health administrator; one a
25local board of health member; one a registered nurse; one a
26physical therapist; one an optometrist; one a veterinarian; one

 

 

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1a public health academician; one a health care industry
2representative; one a representative of the business
3community; one a representative of the non-profit public
4interest community; and 2 shall be citizens at large.
5    The terms of Board of Health members shall be 3 years,
6except that members shall continue to serve on the Board of
7Health until a replacement is appointed. Upon the effective
8date of Public Act 93-975 (January 1, 2005) this amendatory Act
9of the 93rd General Assembly, in the appointment of the Board
10of Health members appointed to vacancies or positions with
11terms expiring on or before December 31, 2004, the Governor
12shall appoint up to 6 members to serve for terms of 3 years; up
13to 6 members to serve for terms of 2 years; and up to 5 members
14to serve for a term of one year, so that the term of no more
15than 6 members expire in the same year. All members shall be
16legal residents of the State of Illinois. The duties of the
17Board shall include, but not be limited to, the following:
18        (1) To advise the Department of ways to encourage
19    public understanding and support of the Department's
20    programs.
21        (2) To evaluate all boards, councils, committees,
22    authorities, and bodies advisory to, or an adjunct of, the
23    Department of Public Health or its Director for the purpose
24    of recommending to the Director one or more of the
25    following:
26            (i) The elimination of bodies whose activities are

 

 

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1        not consistent with goals and objectives of the
2        Department.
3            (ii) The consolidation of bodies whose activities
4        encompass compatible programmatic subjects.
5            (iii) The restructuring of the relationship
6        between the various bodies and their integration
7        within the organizational structure of the Department.
8            (iv) The establishment of new bodies deemed
9        essential to the functioning of the Department.
10        (3) To serve as an advisory group to the Director for
11    public health emergencies and control of health hazards.
12        (4) To advise the Director regarding public health
13    policy, and to make health policy recommendations
14    regarding priorities to the Governor through the Director.
15        (5) To present public health issues to the Director and
16    to make recommendations for the resolution of those issues.
17        (6) To recommend studies to delineate public health
18    problems.
19        (7) To make recommendations to the Governor through the
20    Director regarding the coordination of State public health
21    activities with other State and local public health
22    agencies and organizations.
23        (8) To report on or before February 1 of each year on
24    the health of the residents of Illinois to the Governor,
25    the General Assembly, and the public.
26        (9) To review the final draft of all proposed

 

 

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1    administrative rules, other than emergency or peremptory
2    preemptory rules and those rules that another advisory body
3    must approve or review within a statutorily defined time
4    period, of the Department after September 19, 1991 (the
5    effective date of Public Act 87-633). The Board shall
6    review the proposed rules within 90 days of submission by
7    the Department. The Department shall take into
8    consideration any comments and recommendations of the
9    Board regarding the proposed rules prior to submission to
10    the Secretary of State for initial publication. If the
11    Department disagrees with the recommendations of the
12    Board, it shall submit a written response outlining the
13    reasons for not accepting the recommendations.
14        In the case of proposed administrative rules or
15    amendments to administrative rules regarding immunization
16    of children against preventable communicable diseases
17    designated by the Director under the Communicable Disease
18    Prevention Act, after the Immunization Advisory Committee
19    has made its recommendations, the Board shall conduct 3
20    public hearings, geographically distributed throughout the
21    State. At the conclusion of the hearings, the State Board
22    of Health shall issue a report, including its
23    recommendations, to the Director. The Director shall take
24    into consideration any comments or recommendations made by
25    the Board based on these hearings.
26        (10) To deliver to the Governor for presentation to the

 

 

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1    General Assembly a State Health Assessment (SHA) and a
2    State Health Improvement Plan (SHIP). The first 5 3 such
3    plans shall be delivered to the Governor on January 1,
4    2006, January 1, 2009, and January 1, 2016, January 1,
5    2021, and June 30, 2022, and then every 5 years thereafter.
6        The State Health Assessment and State Health
7    Improvement Plan Plan shall assess and recommend
8    priorities and strategies to improve the public health
9    system, and the health status of Illinois residents, reduce
10    health disparities and inequities, and promote health
11    equity. The State Health Assessment and State Health
12    Improvement Plan development and implementation shall
13    conform to national Public Health Accreditation Board
14    Standards. The State Health Assessment and State Health
15    Improvement Plan development and implementation process
16    shall be carried out with the administrative and
17    operational support of the Department of Public Health
18    taking into consideration national health objectives and
19    system standards as frameworks for assessment.
20        The State Health Assessment shall include
21    comprehensive, broad-based data and information from a
22    variety of sources on health status and the public health
23    system including:
24            (i) quantitative data on the demographics and
25        health status of the population, including data over
26        time on health by gender identity, sexual orientation,

 

 

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1        race, ethnicity, age, socio-economic factors,
2        geographic region, disability status, and other
3        indicators of disparity;
4            (ii) quantitative data on social and structural
5        issues affecting health (social and structural
6        determinants of health), including, but not limited
7        to, housing, transportation, educational attainment,
8        employment, and income inequality;
9            (iii) priorities and strategies developed at the
10        community level through the Illinois Project for Local
11        Assessment of Needs (IPLAN) and other local and
12        regional community health needs assessments;
13            (iv) qualitative data representing the
14        population's input on health concerns and well-being,
15        including the perceptions of people experiencing
16        disparities and health inequities;
17            (v) information on health disparities and health
18        inequities; and
19            (vi) information on public health system strengths
20        and areas for improvement.
21        The Plan shall also take into consideration priorities
22    and strategies developed at the community level through the
23    Illinois Project for Local Assessment of Needs (IPLAN) and
24    any regional health improvement plans that may be
25    developed.
26        The State Health Improvement Plan Plan shall focus on

 

 

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1    prevention, social determinants of health, and promoting
2    health equity as key strategies as a key strategy for
3    long-term health improvement in Illinois.
4        The State Health Improvement Plan Plan shall identify
5    priority State health issues and social issues affecting
6    health, and shall examine and make recommendations on the
7    contributions and strategies of the public and private
8    sectors for improving health status and the public health
9    system in the State. In addition to recommendations on
10    health status improvement priorities and strategies for
11    the population of the State as a whole, the State Health
12    Improvement Plan Plan shall make recommendations regarding
13    priorities and strategies for reducing and eliminating
14    health disparities and health inequities in Illinois;
15    including racial, ethnic, gender, sex, age,
16    socio-economic, and geographic disparities. The State
17    Health Improvement Plan shall make recommendations
18    regarding social determinants of health, such as housing,
19    transportation, educational attainment, employment, and
20    income inequality.
21        The development and implementation of the State Health
22    Assessment and State Health Improvement Plan shall be a
23    collaborative public-private cross-agency effort overseen
24    by the SHA and SHIP Partnership. The Director of Public
25    Health shall consult with the Governor to ensure
26    participation by the head of State agencies with public

 

 

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1    health responsibilities (or their designees) in the SHA and
2    SHIP Partnership, including, but not limited to, the
3    Department of Public Health, the Department of Human
4    Services, the Department of Healthcare and Family
5    Services, the Department of Children and Family Services,
6    the Environmental Protection Agency, the Illinois State
7    Board of Education, the Department on Aging, the Illinois
8    Housing Development Authority, the Illinois Criminal
9    Justice Information Authority, the Department of
10    Agriculture, the Department of Transportation, the
11    Department of Corrections, the Department of Commerce and
12    Economic Opportunity, and the Chair of the State Board of
13    Health to also serve on the Partnership. A member of the
14    Governors' staff shall participate in the Partnership and
15    serve as a liaison to the Governors' office.
16        The Director of the Illinois Department of Public
17    Health shall appoint a minimum of 15 other members of the
18    SHA and SHIP Partnership representing a Planning Team that
19    includes a range of public, private, and voluntary sector
20    stakeholders and participants in the public health system.
21    For the first SHA and SHIP Partnership after the effective
22    date of this amendatory Act of the 101st General Assembly,
23    one-half of the members shall be appointed for a 3-year
24    term, and one-half of the members shall be appointed for a
25    5-year term. Subsequently, members shall be appointed to
26    5-year terms. Should any member not be able to fulfill his

 

 

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1    or her term, the Director may appoint a replacement to
2    complete that term. The Director, in consultation with the
3    SHA and SHIP Partnership, may engage additional
4    individuals and organizations to serve on subcommittees
5    and ad hoc efforts to conduct the State Health Assessment
6    and develop and implement the State Health Improvement
7    Plan. Members of the SHA and SHIP Partnership shall receive
8    no compensation for serving as members, but may be
9    reimbursed for their necessary expenses if departmental
10    resources allow.
11        The SHA and SHIP Partnership This Team shall include:
12    the directors of State agencies with public health
13    responsibilities (or their designees), including but not
14    limited to the Illinois Departments of Public Health and
15    Department of Human Services, representatives of local
16    health departments, representatives of local community
17    health partnerships, and individuals with expertise who
18    represent an array of organizations and constituencies
19    engaged in public health improvement and prevention, such
20    as non-profit public interest groups, groups serving
21    populations that experience health disparities and health
22    inequities, groups addressing social determinants of
23    health, health issue groups, faith community groups,
24    health care providers, businesses and employers, academic
25    institutions, and community-based organizations.
26        The Director shall endeavor to make the membership of

 

 

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1    the Partnership diverse and inclusive of the racial,
2    ethnic, gender, socio-economic, and geographic diversity
3    of the State. The SHA and SHIP Partnership shall be chaired
4    by the Director of Public Health or his or her designee.
5        The SHA and SHIP Partnership shall develop and
6    implement a community engagement process that facilitates
7    input into the development of the State Health Assessment
8    and State Health Improvement Plan. This engagement process
9    shall ensure that individuals with lived experience in the
10    issues addressed in the State Health Assessment and State
11    Health Improvement Plan are meaningfully engaged in the
12    development and implementation of the State Health
13    Assessment and State Health Improvement Plan.
14        The State Board of Health shall hold at least 3 public
15    hearings addressing a draft of the State Health Improvement
16    Plan drafts of the Plan in representative geographic areas
17    of the State. Members of the Planning Team shall receive no
18    compensation for their services, but may be reimbursed for
19    their necessary expenses.
20        Upon the delivery of each State Health Improvement
21    Plan, the Governor shall appoint a SHIP Implementation
22    Coordination Council that includes a range of public,
23    private, and voluntary sector stakeholders and
24    participants in the public health system. The Council shall
25    include the directors of State agencies and entities with
26    public health system responsibilities (or their

 

 

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1    designees), including but not limited to the Department of
2    Public Health, Department of Human Services, Department of
3    Healthcare and Family Services, Environmental Protection
4    Agency, Illinois State Board of Education, Department on
5    Aging, Illinois Violence Prevention Authority, Department
6    of Agriculture, Department of Insurance, Department of
7    Financial and Professional Regulation, Department of
8    Transportation, and Department of Commerce and Economic
9    Opportunity and the Chair of the State Board of Health. The
10    Council shall include representatives of local health
11    departments and individuals with expertise who represent
12    an array of organizations and constituencies engaged in
13    public health improvement and prevention, including
14    non-profit public interest groups, health issue groups,
15    faith community groups, health care providers, businesses
16    and employers, academic institutions, and community-based
17    organizations. The Governor shall endeavor to make the
18    membership of the Council representative of the racial,
19    ethnic, gender, socio-economic, and geographic diversity
20    of the State. The Governor shall designate one State agency
21    representative and one other non-governmental member as
22    co-chairs of the Council. The Governor shall designate a
23    member of the Governor's office to serve as liaison to the
24    Council and one or more State agencies to provide or
25    arrange for support to the Council. The members of the SHIP
26    Implementation Coordination Council for each State Health

 

 

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1    Improvement Plan shall serve until the delivery of the
2    subsequent State Health Improvement Plan, whereupon a new
3    Council shall be appointed. Members of the SHIP Planning
4    Team may serve on the SHIP Implementation Coordination
5    Council if so appointed by the Governor.
6        Upon the delivery of each State Health Assessment and
7    State Health Improvement Plan, the SHA and SHIP Partnership
8    The SHIP Implementation Coordination Council shall
9    coordinate the efforts and engagement of the public,
10    private, and voluntary sector stakeholders and
11    participants in the public health system to implement each
12    SHIP. The Partnership Council shall serve as a forum for
13    collaborative action; coordinate existing and new
14    initiatives; develop detailed implementation steps, with
15    mechanisms for action; implement specific projects;
16    identify public and private funding sources at the local,
17    State and federal level; promote public awareness of the
18    SHIP; and advocate for the implementation of the SHIP. The
19    SHA and SHIP Partnership shall implement strategies to
20    ensure that individuals and communities affected by health
21    disparities and health inequities are engaged in the
22    process throughout the 5-year cycle. The SHA and SHIP
23    Partnership shall regularly evaluate and update the State
24    Health Assessment and track implementation of the State
25    Health Improvement Plan with revisions as necessary. The
26    SHA and SHIP Partnership shall not have the authority to

 

 

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1    direct any public or private entity to take specific action
2    to implement the SHIP. ; and develop an annual report to
3    the Governor, General Assembly, and public regarding the
4    status of implementation of the SHIP. The Council shall
5    not, however, have the authority to direct any public or
6    private entity to take specific action to implement the
7    SHIP.
8        The SHA and SHIP Partnership shall regularly evaluate
9    and update the State Health Assessment and track
10    implementation of the State Health Improvement Plan with
11    revisions as necessary. The State Board of Health shall
12    submit a report by January 31 of each year on the status of
13    State Health Improvement Plan implementation and community
14    engagement activities to the Governor, General Assembly,
15    and public. In the fifth year, the report may be
16    consolidated into the new State Health Assessment and State
17    Health Improvement Plan.
18        (11) Upon the request of the Governor, to recommend to
19    the Governor candidates for Director of Public Health when
20    vacancies occur in the position.
21        (12) To adopt bylaws for the conduct of its own
22    business, including the authority to establish ad hoc
23    committees to address specific public health programs
24    requiring resolution.
25        (13) (Blank).
26    Upon appointment, the Board shall elect a chairperson from

 

 

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1among its members.
2    Members of the Board shall receive compensation for their
3services at the rate of $150 per day, not to exceed $10,000 per
4year, as designated by the Director for each day required for
5transacting the business of the Board and shall be reimbursed
6for necessary expenses incurred in the performance of their
7duties. The Board shall meet from time to time at the call of
8the Department, at the call of the chairperson, or upon the
9request of 3 of its members, but shall not meet less than 4
10times per year.
11    (b) (Blank).
12    (c) An Advisory Board on Necropsy Service to Coroners,
13which shall counsel and advise with the Director on the
14administration of the Autopsy Act. The Advisory Board shall
15consist of 11 members, including a senior citizen age 60 or
16over, appointed by the Governor, one of whom shall be
17designated as chairman by a majority of the members of the
18Board. In the appointment of the first Board the Governor shall
19appoint 3 members to serve for terms of 1 year, 3 for terms of 2
20years, and 3 for terms of 3 years. The members first appointed
21under Public Act 83-1538 shall serve for a term of 3 years. All
22members appointed thereafter shall be appointed for terms of 3
23years, except that when an appointment is made to fill a
24vacancy, the appointment shall be for the remaining term of the
25position vacant. The members of the Board shall be citizens of
26the State of Illinois. In the appointment of members of the

 

 

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1Advisory Board the Governor shall appoint 3 members who shall
2be persons licensed to practice medicine and surgery in the
3State of Illinois, at least 2 of whom shall have received
4post-graduate training in the field of pathology; 3 members who
5are duly elected coroners in this State; and 5 members who
6shall have interest and abilities in the field of forensic
7medicine but who shall be neither persons licensed to practice
8any branch of medicine in this State nor coroners. In the
9appointment of medical and coroner members of the Board, the
10Governor shall invite nominations from recognized medical and
11coroners organizations in this State respectively. Board
12members, while serving on business of the Board, shall receive
13actual necessary travel and subsistence expenses while so
14serving away from their places of residence.
15(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
16revised 7-17-19.)
 
17
Article 125.

 
18    Section 125-1. Short title. This Article may be cited as
19the Health and Human Services Task Force and Study Act.
20References in this Article to "this Act" mean this Article.
 
21    Section 125-5. Findings. The General Assembly finds that:
22        (1) The State is committed to improving the health and
23    well-being of Illinois residents and families.

 

 

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1        (2) According to data collected by the Kaiser
2    Foundation, Illinois had over 905,000 uninsured residents
3    in 2019, with a total uninsured rate of 7.3%.
4        (3) Many Illinois residents and families who have
5    health insurance cannot afford to use it due to high
6    deductibles and cost sharing.
7        (4) Lack of access to affordable health care services
8    disproportionately affects minority communities throughout
9    the State, leading to poorer health outcomes among those
10    populations.
11        (5) Illinois Medicaid beneficiaries are not receiving
12    the coordinated and effective care they need to support
13    their overall health and well-being.
14        (6) Illinois has an opportunity to improve the health
15    and well-being of a historically underserved and
16    vulnerable population by providing more coordinated and
17    higher quality care to its Medicaid beneficiaries.
18        (7) The State of Illinois has a responsibility to help
19    crime victims access justice, assistance, and the support
20    they need to heal.
21        (8) Research has shown that people who are repeatedly
22    victimized are more likely to face mental health problems
23    such as depression, anxiety, and symptoms related to
24    post-traumatic stress disorder and chronic trauma.
25        (9) Trauma-informed care has been promoted and
26    established in communities across the country on a

 

 

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1    bipartisan basis, and numerous federal agencies have
2    integrated trauma-informed approaches into their programs
3    and grants, which should be leveraged by the State of
4    Illinois.
5        (10) Infants, children, and youth and their families
6    who have experienced or are at risk of experiencing trauma,
7    including those who are low-income, homeless, involved
8    with the child welfare system, involved in the juvenile or
9    adult justice system, unemployed, or not enrolled in or at
10    risk of dropping out of an educational institution and live
11    in a community that has faced acute or long-term exposure
12    to substantial discrimination, historical oppression,
13    intergenerational poverty, a high rate of violence or drug
14    overdose deaths, should have an opportunity for improved
15    outcomes; this means increasing access to greater
16    opportunities to meet educational, employment, health,
17    developmental, community reentry, permanency from foster
18    care, or other key goals.
 
19    Section 125-10. Health and Human Services Task Force. The
20Health and Human Services Task Force is created within the
21Department of Human Services to undertake a systematic review
22of health and human service departments and programs with the
23goal of improving health and human service outcomes for
24Illinois residents.
 

 

 

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1    Section 125-15. Study.
2    (1) The Task Force shall review all health and human
3service departments and programs and make recommendations for
4achieving a system that will improve interagency
5interoperability with respect to improving access to
6healthcare, healthcare disparities, workforce competency and
7diversity, social determinants of health, and data sharing and
8collection. These recommendations shall include, but are not
9limited to, the following elements:
10        (i) impact on infant and maternal mortality;
11        (ii) impact of hospital closures, including safety-net
12    hospitals, on local communities; and
13        (iii) impact on Medicaid Managed Care Organizations.
14    (2) The Task Force shall review and make recommendations on
15ways the Medicaid program can partner and cooperate with other
16agencies, including but not limited to the Department of
17Agriculture, the Department of Insurance, the Department of
18Human Services, the Department of Labor, the Environmental
19Protection Agency, and the Department of Public Health, to
20better address social determinants of public health,
21including, but not limited to, food deserts, affordable
22housing, environmental pollutions, employment, education, and
23public support services. This shall include a review and
24recommendations on ways Medicaid and the agencies can share
25costs related to better health outcomes.
26    (3) The Task Force shall review the current partnership,

 

 

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1communication, and cooperation between Federally Qualified
2Health Centers (FQHCs) and safety-net hospitals in Illinois and
3make recommendations on public policies that will improve
4interoperability and cooperations between these entities in
5order to achieve improved coordinated care and better health
6outcomes for vulnerable populations in the State.
7    (4) The Task Force shall review and examine public policies
8affecting trauma and social determinants of health, including
9trauma-informed care, and make recommendations on ways to
10improve and integrate trauma-informed approaches into programs
11and agencies in the State, including, but not limited to,
12Medicaid and other health care programs administered by the
13State, and increase awareness of trauma and its effects on
14communities across Illinois.
15    (5) The Task Force shall review and examine the connection
16between access to education and health outcomes particularly in
17African American and minority communities and make
18recommendations on public policies to address any gaps or
19deficiencies.
 
20    Section 125-20. Membership; appointments; meetings;
21support.
22    (1) The Task Force shall include representation from both
23public and private organizations, and its membership shall
24reflect regional, racial, and cultural diversity to ensure
25representation of the needs of all Illinois citizens. Task

 

 

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1Force members shall include one member appointed by the
2President of the Senate, one member appointed by the Minority
3Leader of the Senate, one member appointed by the Speaker of
4the House of Representatives, one member appointed by the
5Minority Leader of the House of Representatives, and other
6members appointed by the Governor. The Governor's appointments
7shall include, without limitation, the following:
8        (A) One member of the Senate, appointed by the Senate
9    President, who shall serve as Co-Chair;
10        (B) One member of the House of Representatives,
11    appointed by the Speaker of the House, who shall serve as
12    Co-Chair;
13        (C) Eight members of the General Assembly representing
14    each of the majority and minority caucuses of each chamber.
15        (D) The Directors or Secretaries of the following State
16    agencies or their designees:
17            (i) Department of Human Services.
18            (ii) Department of Children and Family Services.
19            (iii) Department of Healthcare and Family
20        Services.
21            (iv) State Board of Education.
22            (v) Department on Aging.
23            (vi) Department of Public Health.
24            (vii) Department of Veterans' Affairs.
25            (viii) Department of Insurance.
26        (E) Local government stakeholders and nongovernmental

 

 

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1    stakeholders with an interest in human services, including
2    representation among the following private-sector fields
3    and constituencies:
4            (i) Early childhood education and development.
5            (ii) Child care.
6            (iii) Child welfare.
7            (iv) Youth services.
8            (v) Developmental disabilities.
9            (vi) Mental health.
10            (vii) Employment and training.
11            (viii) Sexual and domestic violence.
12            (ix) Alcohol and substance abuse.
13            (x) Local community collaborations among human
14        services programs.
15            (xi) Immigrant services.
16            (xii) Affordable housing.
17            (xiii) Food and nutrition.
18            (xiv) Homelessness.
19            (xv) Older adults.
20            (xvi) Physical disabilities.
21            (xvii) Maternal and child health.
22            (xviii) Medicaid managed care organizations.
23            (xix) Healthcare delivery.
24            (xx) Health insurance.
25    (2) Members shall serve without compensation for the
26duration of the Task Force.

 

 

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1    (3) In the event of a vacancy, the appointment to fill the
2vacancy shall be made in the same manner as the original
3appointment.
4    (4) The Task Force shall convene within 60 days after the
5effective date of this Act. The initial meeting of the Task
6Force shall be convened by the co-chair selected by the
7Governor. Subsequent meetings shall convene at the call of the
8co-chairs. The Task Force shall meet on a quarterly basis, or
9more often if necessary.
10    (5) The Department of Human Services shall provide
11administrative support to the Task Force.
 
12    Section 125-25. Report. The Task Force shall report to the
13Governor and the General Assembly on the Task Force's progress
14toward its goals and objectives by June 30, 2021, and every
15June 30 thereafter.
 
16    Section 125-30. Transparency. In addition to whatever
17policies or procedures it may adopt, all operations of the Task
18Force shall be subject to the provisions of the Freedom of
19Information Act and the Open Meetings Act. This Section shall
20not be construed so as to preclude other State laws from
21applying to the Task Force and its activities.
 
22    Section 125-40. Repeal. This Article is repealed June 30,
232023.
 

 

 

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1
Article 130.

 
2    Section 130-1. Short title. This Article may be cited as
3the Anti-Racism Commission Act. References in this Article to
4"this Act" mean this Article.
 
5    Section 130-5. Findings. The General Assembly finds and
6declares all of the following:
7        (1) Public health is the science and art of preventing
8    disease, of protecting and improving the health of people,
9    entire populations, and their communities; this work is
10    achieved by promoting healthy lifestyles and choices,
11    researching disease, and preventing injury.
12        (2) Public health professionals try to prevent
13    problems from happening or recurring through implementing
14    educational programs, recommending policies, administering
15    services, and limiting health disparities through the
16    promotion of equitable and accessible healthcare.
17        (3) According to the Centers for Disease Control and
18    Prevention, racism and segregation in the State of Illinois
19    have exacerbated a health divide, resulting in Black
20    residents having lower life expectancies than white
21    citizens of this State and being far more likely than other
22    races to die prematurely (before the age of 75) and to die
23    of heart disease or stroke; Black residents of Illinois

 

 

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1    have a higher level of infant mortality, lower birth weight
2    babies, and are more likely to be overweight or obese as
3    adults, have adult diabetes, and have long-term
4    complications from diabetes that exacerbate other
5    conditions, including the susceptibility to COVID-19.
6        (4) Black and Brown people are more likely to
7    experience poor health outcomes as a consequence of their
8    social determinants of health, health inequities stemming
9    from economic instability, education, physical
10    environment, food, and access to health care systems.
11        (5) Black residents in Illinois are more likely than
12    white residents to experience violence-related trauma as a
13    result of socioeconomic conditions resulting from systemic
14    racism.
15        (6) Racism is a social system with multiple dimensions
16    in which individual racism is internalized or
17    interpersonal and systemic racism is institutional or
18    structural and is a system of structuring opportunity and
19    assigning value based on the social interpretation of how
20    one looks; this unfairly disadvantages specific
21    individuals and communities, while unfairly giving
22    advantages to other individuals and communities; it saps
23    the strength of the whole society through the waste of
24    human resources.
25        (7) Racism causes persistent racial discrimination
26    that influences many areas of life, including housing,

 

 

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1    education, employment, and criminal justice; an emerging
2    body of research demonstrates that racism itself is a
3    social determinant of health.
4        (8) More than 100 studies have linked racism to worse
5    health outcomes.
6        (9) The American Public Health Association launched a
7    National Campaign against Racism.
8        (10) Public health's responsibilities to address
9    racism include reshaping our discourse and agenda so that
10    we all actively engage in racial justice work.
 
11    Section 130-10. Anti-Racism Commission.
12    (a) The Anti-Racism Commission is hereby created to
13identify and propose statewide policies to eliminate systemic
14racism and advance equitable solutions for Black and Brown
15people in Illinois.
16    (b) The Anti-Racism Commission shall consist of the
17following members, who shall serve without compensation:
18        (1) one member of the House of Representatives,
19    appointed by the Speaker of the House of Representatives,
20    who shall serve as co-chair;
21        (2) one member of the Senate, appointed by the Senate
22    President, who shall serve as co-chair;
23        (3) one member of the House of Representatives,
24    appointed by the Minority Leader of the House of
25    Representatives;

 

 

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1        (4) one member of the Senate, appointed by the Minority
2    Leader of the Senate;
3        (5) the Director of Public Health, or his or her
4    designee;
5        (6) the Chair of the House Black Caucus;
6        (7) the Chair of the Senate Black Caucus;
7        (8) the Chair of the Joint Legislative Black Caucus;
8        (9) the director of a statewide association
9    representing public health departments, appointed by the
10    Speaker of the House of Representatives;
11        (10) the Chair of the House Latino Caucus;
12        (11) the Chair of the Senate Latino Caucus;
13        (12) one community member appointed by the House Black
14    Caucus Chair;
15        (13) one community member appointed by the Senate Black
16    Caucus Chair;
17        (14) one community member appointed by the House Latino
18    Caucus Chair; and
19        (15) one community member appointed by the Senate
20    Latino Caucus Chair.
21    (c) The Department of Public Health shall provide
22administrative support for the Commission.
23    (d) The Commission is charged with, but not limited to, the
24following tasks:
25        (1) Working to create an equity and justice-oriented
26    State government.

 

 

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1        (2) Assessing the policy and procedures of all State
2    agencies to ensure racial equity is a core element of State
3    government.
4        (3) Developing and incorporating into the
5    organizational structure of State government a plan for
6    educational efforts to understand, address, and dismantle
7    systemic racism in government actions.
8        (4) Recommending and advocating for policies that
9    improve health in Black and Brown people and support local,
10    State, regional, and federal initiatives that advance
11    efforts to dismantle systemic racism.
12        (5) Working to build alliances and partnerships with
13    organizations that are confronting racism and encouraging
14    other local, State, regional, and national entities to
15    recognize racism as a public health crisis.
16        (6) Promoting community engagement, actively engaging
17    citizens on issues of racism and assisting in providing
18    tools to engage actively and authentically with Black and
19    Brown people.
20        (7) Reviewing all portions of codified State laws
21    through the lens of racial equity.
22        (8) Working with the Department of Central Management
23    Services to update policies that encourage diversity in
24    human resources, including hiring, board appointments, and
25    vendor selection by agencies, and to review all grant
26    management activities with an eye toward equity and

 

 

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1    workforce development.
2        (9) Recommending policies that promote racially
3    equitable economic and workforce development practices.
4        (10) Promoting and supporting all policies that
5    prioritize the health of all people, especially people of
6    color, by mitigating exposure to adverse childhood
7    experiences and trauma in childhood and ensuring
8    implementation of health and equity in all policies.
9        (11) Encouraging community partners and stakeholders
10    in the education, employment, housing, criminal justice,
11    and safety arenas to recognize racism as a public health
12    crisis and to implement policy recommendations.
13        (12) Identifying clear goals and objectives, including
14    specific benchmarks, to assess progress.
15        (13) Holding public hearings across Illinois to
16    continue to explore and to recommend needed action by the
17    General Assembly.
18        (14) Working with the Governor and the General Assembly
19    to identify the necessary funds to support the Anti-Racism
20    Commission and its endeavors.
21        (15) Identifying resources to allocate to Black and
22    Brown communities on an annual basis.
23        (16) Encouraging corporate investment in anti-racism
24    policies in Black and Brown communities.
25    (e) The Commission shall submit its final report to the
26Governor and the General Assembly no later than December 31,

 

 

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12021. The Commission is dissolved upon the filing of its
2report.
 
3    Section 130-15. Repeal. This Article is repealed on January
41, 2023.
 
5
Article 131.

 
6    Section 131-1. Short title. This Article may be cited as
7the Sickle Cell Prevention, Care, and Treatment Program Act.
8References in this Article to "this Act" mean this Article.
 
9    Section 131-5. Definitions. As used in this Act:
10    "Department" means the Department of Public Health.
11    "Program" means the Sickle Cell Prevention, Care, and
12Treatment Program.
 
13    Section 131-10. Sickle Cell Prevention, Care, and
14Treatment Program. The Department shall establish a grant
15program for the purpose of providing for the prevention, care,
16and treatment of sickle cell disease and for educational
17programs concerning the disease.
 
18    Section 131-15. Grants; eligibility standards.
19    (a) The Department shall do the following:
20        (1)(A) Develop application criteria and standards of

 

 

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1    eligibility for groups or organizations who apply for funds
2    under the program.
3        (B) Make available grants to groups and organizations
4    who meet the eligibility standards set by the Department.
5    However:
6            (i) the highest priority for grants shall be
7        accorded to established sickle cell disease
8        community-based organizations throughout Illinois; and
9            (ii) priority shall also be given to ensuring the
10        establishment of sickle cell disease centers in
11        underserved areas that have a higher population of
12        sickle cell disease patients.
13        (2) Determine the maximum amount available for each
14    grant provided under subparagraph (B) of paragraph (1).
15        (3) Determine policies for the expiration and renewal
16    of grants provided under subparagraph (B) of paragraph (1).
17        (4) Require that all grant funds be used for the
18    purpose of prevention, care, and treatment of sickle cell
19    disease or for educational programs concerning the
20    disease. Grant funds shall be used for one or more of the
21    following purposes:
22            (A) Assisting in the development and expansion of
23        care for the treatment of individuals with sickle cell
24        disease, particularly for adults, including the
25        following types of care:
26                (i) Self-administered care.

 

 

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1                (ii) Preventive care.
2                (iii) Home care.
3                (iv) Other evidence-based medical procedures
4            and techniques designed to provide maximum control
5            over sickling episodes typical of occurring to an
6            individual with the disease.
7            (B) Increasing access to health care for
8        individuals with sickle cell disease.
9            (C) Establishing additional sickle cell disease
10        infusion centers.
11            (D) Increasing access to mental health resources
12        and pain management therapies for individuals with
13        sickle cell disease.
14            (E) Providing counseling to any individual, at no
15        cost, concerning sickle cell disease and sickle cell
16        trait, and the characteristics, symptoms, and
17        treatment of the disease.
18                (i) The counseling described in this
19            subparagraph (E) may consist of any of the
20            following:
21                    (I) Genetic counseling for an individual
22                who tests positive for the sickle cell trait.
23                    (II) Psychosocial counseling for an
24                individual who tests positive for sickle cell
25                disease, including any of the following:
26                        (aa) Social service counseling.

 

 

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1                        (bb) Psychological counseling.
2                        (cc) Psychiatric counseling.
3        (5) Develop a sickle cell disease educational outreach
4    program that includes the dissemination of educational
5    materials to the following concerning sickle cell disease
6    and sickle cell trait:
7            (A) Medical residents.
8            (B) Immigrants.
9            (C) Schools and universities.
10        (6) Adopt any rules necessary to implement the
11    provisions of this Act.
12    (b) The Department may contract with an entity to implement
13the sickle cell disease educational outreach program described
14in paragraph (5) of subsection (a).
 
15    Section 131-20. Sickle Cell Chronic Disease Fund.
16    (a) The Sickle Cell Chronic Disease Fund is created as a
17special fund in the State treasury for the purpose of carrying
18out the provisions of this Act and for no other purpose. The
19Fund shall be administered by the Department.
20    (b) The Fund shall consist of:
21        (1) Any moneys appropriated to the Department for the
22    Sickle Cell Prevention, Care, and Treatment Program.
23        (2) Gifts, bequests, and other sources of funding.
24        (3) All interest earned on moneys in the Fund.
 

 

 

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1    Section 131-25. Study.
2    (a) Before July 1, 2022, and on a biennial basis
3thereafter, the Department, with the assistance of:
4        (1) the Center for Minority Health Services;
5        (2) health care providers that treat individuals with
6    sickle cell disease;
7        (3) individuals diagnosed with sickle cell disease;
8        (4) representatives of community-based organizations
9    that serve individuals with sickle cell disease; and
10        (5) data collected via newborn screening for sickle
11    cell disease;
12shall perform a study to determine the prevalence, impact, and
13needs of individuals with sickle cell disease and the sickle
14cell trait in Illinois.
15    (b) The study must include the following:
16        (1) The prevalence, by geographic location, of
17    individuals diagnosed with sickle cell disease in
18    Illinois.
19        (2) The prevalence, by geographic location, of
20    individuals diagnosed as sickle cell trait carriers in
21    Illinois.
22        (3) The availability and affordability of screening
23    services in Illinois for the sickle cell trait.
24        (4) The location and capacity of the following for the
25    treatment of sickle cell disease and sickle cell trait
26    carriers:

 

 

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1            (A) Treatment centers.
2            (B) Clinics.
3            (C) Community-based social service organizations.
4            (D) Medical specialists.
5        (5) The unmet medical, psychological, and social needs
6    encountered by individuals in Illinois with sickle cell
7    disease.
8        (6) The underserved areas of Illinois for the treatment
9    of sickle cell disease.
10        (7) Recommendations for actions to address any
11    shortcomings in the State identified under this Section.
12    (c) The Department shall submit a report on the study
13performed under this Section to the General Assembly.
 
14    Section 131-30. Implementation subject to appropriation.
15Implementation of this Act is subject to appropriation.
 
16    Section 131-90. The State Finance Act is amended by adding
17Section 5.936 as follows:
 
18    (30 ILCS 105/5.936 new)
19    Sec. 5.936. The Sickle Cell Chronic Disease Fund.
 
20
Title VII. Hospital Closure

 
21
Article 135.

 

 

 

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1    Section 135-5. The Illinois Health Facilities Planning Act
2is amended by changing Sections 4, 5.4, and 8.7 as follows:
 
3    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
4    (Section scheduled to be repealed on December 31, 2029)
5    Sec. 4. Health Facilities and Services Review Board;
6membership; appointment; term; compensation; quorum.
7    (a) There is created the Health Facilities and Services
8Review Board, which shall perform the functions described in
9this Act. The Department shall provide operational support to
10the Board as necessary, including the provision of office
11space, supplies, and clerical, financial, and accounting
12services. The Board may contract for functions or operational
13support as needed. The Board may also contract with experts
14related to specific health services or facilities and create
15technical advisory panels to assist in the development of
16criteria, standards, and procedures used in the evaluation of
17applications for permit and exemption.
18    (b) The State Board shall consist of 10 9 voting members.
19All members shall be residents of Illinois and at least 4 shall
20reside outside the Chicago Metropolitan Statistical Area.
21Consideration shall be given to potential appointees who
22reflect the ethnic and cultural diversity of the State. Neither
23Board members nor Board staff shall be convicted felons or have
24pled guilty to a felony.

 

 

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1    Each member shall have a reasonable knowledge of the
2practice, procedures and principles of the health care delivery
3system in Illinois, including at least 5 members who shall be
4knowledgeable about health care delivery systems, health
5systems planning, finance, or the management of health care
6facilities currently regulated under the Act. One member shall
7be a representative of a non-profit health care consumer
8advocacy organization. One member shall be a representative
9from the community with experience on the effects of
10discontinuing health care services or the closure of health
11care facilities on the surrounding community; provided,
12however, that all other members of the Board shall be appointed
13before this member shall be appointed. A spouse, parent,
14sibling, or child of a Board member cannot be an employee,
15agent, or under contract with services or facilities subject to
16the Act. Prior to appointment and in the course of service on
17the Board, members of the Board shall disclose the employment
18or other financial interest of any other relative of the
19member, if known, in service or facilities subject to the Act.
20Members of the Board shall declare any conflict of interest
21that may exist with respect to the status of those relatives
22and recuse themselves from voting on any issue for which a
23conflict of interest is declared. No person shall be appointed
24or continue to serve as a member of the State Board who is, or
25whose spouse, parent, sibling, or child is, a member of the
26Board of Directors of, has a financial interest in, or has a

 

 

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1business relationship with a health care facility.
2    Notwithstanding any provision of this Section to the
3contrary, the term of office of each member of the State Board
4serving on the day before the effective date of this amendatory
5Act of the 96th General Assembly is abolished on the date upon
6which members of the 9-member Board, as established by this
7amendatory Act of the 96th General Assembly, have been
8appointed and can begin to take action as a Board.
9    (c) The State Board shall be appointed by the Governor,
10with the advice and consent of the Senate. Not more than 6 5 of
11the appointments shall be of the same political party at the
12time of the appointment.
13    The Secretary of Human Services, the Director of Healthcare
14and Family Services, and the Director of Public Health, or
15their designated representatives, shall serve as ex-officio,
16non-voting members of the State Board.
17    (d) Of those 9 members initially appointed by the Governor
18following the effective date of this amendatory Act of the 96th
19General Assembly, 3 shall serve for terms expiring July 1,
202011, 3 shall serve for terms expiring July 1, 2012, and 3
21shall serve for terms expiring July 1, 2013. Thereafter, each
22appointed member shall hold office for a term of 3 years,
23provided that any member appointed to fill a vacancy occurring
24prior to the expiration of the term for which his or her
25predecessor was appointed shall be appointed for the remainder
26of such term and the term of office of each successor shall

 

 

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1commence on July 1 of the year in which his predecessor's term
2expires. Each member shall hold office until his or her
3successor is appointed and qualified. The Governor may
4reappoint a member for additional terms, but no member shall
5serve more than 3 terms, subject to review and re-approval
6every 3 years.
7    (e) State Board members, while serving on business of the
8State Board, shall receive actual and necessary travel and
9subsistence expenses while so serving away from their places of
10residence. Until March 1, 2010, a member of the State Board who
11experiences a significant financial hardship due to the loss of
12income on days of attendance at meetings or while otherwise
13engaged in the business of the State Board may be paid a
14hardship allowance, as determined by and subject to the
15approval of the Governor's Travel Control Board.
16    (f) The Governor shall designate one of the members to
17serve as the Chairman of the Board, who shall be a person with
18expertise in health care delivery system planning, finance or
19management of health care facilities that are regulated under
20the Act. The Chairman shall annually review Board member
21performance and shall report the attendance record of each
22Board member to the General Assembly.
23    (g) The State Board, through the Chairman, shall prepare a
24separate and distinct budget approved by the General Assembly
25and shall hire and supervise its own professional staff
26responsible for carrying out the responsibilities of the Board.

 

 

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1    (h) The State Board shall meet at least every 45 days, or
2as often as the Chairman of the State Board deems necessary, or
3upon the request of a majority of the members.
4    (i) Six Five members of the State Board shall constitute a
5quorum. The affirmative vote of 6 5 of the members of the State
6Board shall be necessary for any action requiring a vote to be
7taken by the State Board. A vacancy in the membership of the
8State Board shall not impair the right of a quorum to exercise
9all the rights and perform all the duties of the State Board as
10provided by this Act.
11    (j) A State Board member shall disqualify himself or
12herself from the consideration of any application for a permit
13or exemption in which the State Board member or the State Board
14member's spouse, parent, sibling, or child: (i) has an economic
15interest in the matter; or (ii) is employed by, serves as a
16consultant for, or is a member of the governing board of the
17applicant or a party opposing the application.
18    (k) The Chairman, Board members, and Board staff must
19comply with the Illinois Governmental Ethics Act.
20(Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)
 
21    (20 ILCS 3960/5.4)
22    (Section scheduled to be repealed on December 31, 2029)
23    Sec. 5.4. Safety Net Impact Statement.
24    (a) General review criteria shall include a requirement
25that all health care facilities, with the exception of skilled

 

 

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1and intermediate long-term care facilities licensed under the
2Nursing Home Care Act, provide a Safety Net Impact Statement,
3which shall be filed with an application for a substantive
4project or when the application proposes to discontinue a
5category of service.
6    (b) For the purposes of this Section, "safety net services"
7are services provided by health care providers or organizations
8that deliver health care services to persons with barriers to
9mainstream health care due to lack of insurance, inability to
10pay, special needs, ethnic or cultural characteristics, or
11geographic isolation. Safety net service providers include,
12but are not limited to, hospitals and private practice
13physicians that provide charity care, school-based health
14centers, migrant health clinics, rural health clinics,
15federally qualified health centers, community health centers,
16public health departments, and community mental health
17centers.
18    (c) As developed by the applicant, a Safety Net Impact
19Statement shall describe all of the following:
20        (1) The project's material impact, if any, on essential
21    safety net services in the community, including the impact
22    on racial and health care disparities in the community, to
23    the extent that it is feasible for an applicant to have
24    such knowledge.
25        (2) The project's impact on the ability of another
26    provider or health care system to cross-subsidize safety

 

 

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1    net services, if reasonably known to the applicant.
2        (3) How the discontinuation of a facility or service
3    might impact the remaining safety net providers in a given
4    community, if reasonably known by the applicant.
5    (d) Safety Net Impact Statements shall also include all of
6the following:
7        (1) For the 3 fiscal years prior to the application, a
8    certification describing the amount of charity care
9    provided by the applicant. The amount calculated by
10    hospital applicants shall be in accordance with the
11    reporting requirements for charity care reporting in the
12    Illinois Community Benefits Act. Non-hospital applicants
13    shall report charity care, at cost, in accordance with an
14    appropriate methodology specified by the Board.
15        (2) For the 3 fiscal years prior to the application, a
16    certification of the amount of care provided to Medicaid
17    patients. Hospital and non-hospital applicants shall
18    provide Medicaid information in a manner consistent with
19    the information reported each year to the State Board
20    regarding "Inpatients and Outpatients Served by Payor
21    Source" and "Inpatient and Outpatient Net Revenue by Payor
22    Source" as required by the Board under Section 13 of this
23    Act and published in the Annual Hospital Profile.
24        (3) Any information the applicant believes is directly
25    relevant to safety net services, including information
26    regarding teaching, research, and any other service.

 

 

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1    (e) The Board staff shall publish a notice, that an
2application accompanied by a Safety Net Impact Statement has
3been filed, in a newspaper having general circulation within
4the area affected by the application. If no newspaper has a
5general circulation within the county, the Board shall post the
6notice in 5 conspicuous places within the proposed area.
7    (f) Any person, community organization, provider, or
8health system or other entity wishing to comment upon or oppose
9the application may file a Safety Net Impact Statement Response
10with the Board, which shall provide additional information
11concerning a project's impact on safety net services in the
12community.
13    (g) Applicants shall be provided an opportunity to submit a
14reply to any Safety Net Impact Statement Response.
15    (h) The State Board Staff Report shall include a statement
16as to whether a Safety Net Impact Statement was filed by the
17applicant and whether it included information on charity care,
18the amount of care provided to Medicaid patients, and
19information on teaching, research, or any other service
20provided by the applicant directly relevant to safety net
21services. The report shall also indicate the names of the
22parties submitting responses and the number of responses and
23replies, if any, that were filed.
24(Source: P.A. 100-518, eff. 6-1-18.)
 
25    (20 ILCS 3960/8.7)

 

 

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1    (Section scheduled to be repealed on December 31, 2029)
2    Sec. 8.7. Application for permit for discontinuation of a
3health care facility or category of service; public notice and
4public hearing.
5    (a) Upon a finding that an application to close a health
6care facility or discontinue a category of service is complete,
7the State Board shall publish a legal notice on 3 consecutive
8days in a newspaper of general circulation in the area or
9community to be affected and afford the public an opportunity
10to request a hearing. If the application is for a facility
11located in a Metropolitan Statistical Area, an additional legal
12notice shall be published in a newspaper of limited
13circulation, if one exists, in the area in which the facility
14is located. If the newspaper of limited circulation is
15published on a daily basis, the additional legal notice shall
16be published on 3 consecutive days. The legal notice shall also
17be posted on the Health Facilities and Services Review Board's
18website and sent to the State Representative and State Senator
19of the district in which the health care facility is located.
20In addition, the health care facility shall provide notice of
21closure to the local media that the health care facility would
22routinely notify about facility events.
23    An application to close a health care facility shall only
24be deemed complete if it includes evidence that the health care
25facility provided written notice at least 30 days prior to
26filing the application of its intent to do so to the

 

 

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1municipality in which it is located, the State Representative
2and State Senator of the district in which the health care
3facility is located, the State Board, the Director of Public
4Health, and the Director of Healthcare and Family Services. The
5changes made to this subsection by this amendatory Act of the
6101st General Assembly shall apply to all applications
7submitted after the effective date of this amendatory Act of
8the 101st General Assembly.
9    (b) No later than 30 days after issuance of a permit to
10close a health care facility or discontinue a category of
11service, the permit holder shall give written notice of the
12closure or discontinuation to the State Senator and State
13Representative serving the legislative district in which the
14health care facility is located.
15    (c)(1) If there is a pending lawsuit that challenges an
16application to discontinue a health care facility that either
17names the Board as a party or alleges fraud in the filing of
18the application, the Board may defer action on the application
19for up to 6 months after the date of the initial deferral of
20the application.
21    (2) The Board may defer action on an application to
22discontinue a hospital up to 60 days after the effective date
23of this amendatory Act of the 101st General Assembly.
24    (d) The changes made to this Section by this amendatory Act
25of the 101st General Assembly shall apply to all applications
26submitted after the effective date of this amendatory Act of

 

 

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1the 101st General Assembly.
2(Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.)
 
3
Title VIII. Managed Care Organization Reform

 
4
Article 150.

 
5    Section 150-5. The Illinois Public Aid Code is amended by
6changing Section 5-30.1 as follows:
 
7    (305 ILCS 5/5-30.1)
8    Sec. 5-30.1. Managed care protections.
9    (a) As used in this Section:
10    "Managed care organization" or "MCO" means any entity which
11contracts with the Department to provide services where payment
12for medical services is made on a capitated basis.
13    "Emergency services" include:
14        (1) emergency services, as defined by Section 10 of the
15    Managed Care Reform and Patient Rights Act;
16        (2) emergency medical screening examinations, as
17    defined by Section 10 of the Managed Care Reform and
18    Patient Rights Act;
19        (3) post-stabilization medical services, as defined by
20    Section 10 of the Managed Care Reform and Patient Rights
21    Act; and
22        (4) emergency medical conditions, as defined by

 

 

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1    Section 10 of the Managed Care Reform and Patient Rights
2    Act.
3    (b) As provided by Section 5-16.12, managed care
4organizations are subject to the provisions of the Managed Care
5Reform and Patient Rights Act.
6    (c) An MCO shall pay any provider of emergency services
7that does not have in effect a contract with the contracted
8Medicaid MCO. The default rate of reimbursement shall be the
9rate paid under Illinois Medicaid fee-for-service program
10methodology, including all policy adjusters, including but not
11limited to Medicaid High Volume Adjustments, Medicaid
12Percentage Adjustments, Outpatient High Volume Adjustments,
13and all outlier add-on adjustments to the extent such
14adjustments are incorporated in the development of the
15applicable MCO capitated rates.
16    (d) An MCO shall pay for all post-stabilization services as
17a covered service in any of the following situations:
18        (1) the MCO authorized such services;
19        (2) such services were administered to maintain the
20    enrollee's stabilized condition within one hour after a
21    request to the MCO for authorization of further
22    post-stabilization services;
23        (3) the MCO did not respond to a request to authorize
24    such services within one hour;
25        (4) the MCO could not be contacted; or
26        (5) the MCO and the treating provider, if the treating

 

 

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1    provider is a non-affiliated provider, could not reach an
2    agreement concerning the enrollee's care and an affiliated
3    provider was unavailable for a consultation, in which case
4    the MCO must pay for such services rendered by the treating
5    non-affiliated provider until an affiliated provider was
6    reached and either concurred with the treating
7    non-affiliated provider's plan of care or assumed
8    responsibility for the enrollee's care. Such payment shall
9    be made at the default rate of reimbursement paid under
10    Illinois Medicaid fee-for-service program methodology,
11    including all policy adjusters, including but not limited
12    to Medicaid High Volume Adjustments, Medicaid Percentage
13    Adjustments, Outpatient High Volume Adjustments and all
14    outlier add-on adjustments to the extent that such
15    adjustments are incorporated in the development of the
16    applicable MCO capitated rates.
17    (e) The following requirements apply to MCOs in determining
18payment for all emergency services:
19        (1) MCOs shall not impose any requirements for prior
20    approval of emergency services.
21        (2) The MCO shall cover emergency services provided to
22    enrollees who are temporarily away from their residence and
23    outside the contracting area to the extent that the
24    enrollees would be entitled to the emergency services if
25    they still were within the contracting area.
26        (3) The MCO shall have no obligation to cover medical

 

 

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1    services provided on an emergency basis that are not
2    covered services under the contract.
3        (4) The MCO shall not condition coverage for emergency
4    services on the treating provider notifying the MCO of the
5    enrollee's screening and treatment within 10 days after
6    presentation for emergency services.
7        (5) The determination of the attending emergency
8    physician, or the provider actually treating the enrollee,
9    of whether an enrollee is sufficiently stabilized for
10    discharge or transfer to another facility, shall be binding
11    on the MCO. The MCO shall cover emergency services for all
12    enrollees whether the emergency services are provided by an
13    affiliated or non-affiliated provider.
14        (6) The MCO's financial responsibility for
15    post-stabilization care services it has not pre-approved
16    ends when:
17            (A) a plan physician with privileges at the
18        treating hospital assumes responsibility for the
19        enrollee's care;
20            (B) a plan physician assumes responsibility for
21        the enrollee's care through transfer;
22            (C) a contracting entity representative and the
23        treating physician reach an agreement concerning the
24        enrollee's care; or
25            (D) the enrollee is discharged.
26    (f) Network adequacy and transparency.

 

 

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1        (1) The Department shall:
2            (A) ensure that an adequate provider network is in
3        place, taking into consideration health professional
4        shortage areas and medically underserved areas;
5            (B) publicly release an explanation of its process
6        for analyzing network adequacy;
7            (C) periodically ensure that an MCO continues to
8        have an adequate network in place; and
9            (D) require MCOs, including Medicaid Managed Care
10        Entities as defined in Section 5-30.2, to meet provider
11        directory requirements under Section 5-30.3; and .
12            (E) require MCOs to ensure that any provider under
13        contract with an MCO on the date of service is paid for
14        any medically necessary service rendered to any of the
15        MCO's enrollees, regardless of inclusion on the MCO's
16        published and publicly available roster of available
17        providers.
18        (2) Each MCO shall confirm its receipt of information
19    submitted specific to physician or dentist additions or
20    physician or dentist deletions from the MCO's provider
21    network within 3 days after receiving all required
22    information from contracted physicians or dentists, and
23    electronic physician and dental directories must be
24    updated consistent with current rules as published by the
25    Centers for Medicare and Medicaid Services or its successor
26    agency.

 

 

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1    (g) Timely payment of claims.
2        (1) The MCO shall pay a claim within 30 days of
3    receiving a claim that contains all the essential
4    information needed to adjudicate the claim.
5        (2) The MCO shall notify the billing party of its
6    inability to adjudicate a claim within 30 days of receiving
7    that claim.
8        (3) The MCO shall pay a penalty that is at least equal
9    to the timely payment interest penalty imposed under
10    Section 368a of the Illinois Insurance Code for any claims
11    not timely paid.
12            (A) When an MCO is required to pay a timely payment
13        interest penalty to a provider, the MCO must calculate
14        and pay the timely payment interest penalty that is due
15        to the provider within 30 days after the payment of the
16        claim. In no event shall a provider be required to
17        request or apply for payment of any owed timely payment
18        interest penalties.
19            (B) Such payments shall be reported separately
20        from the claim payment for services rendered to the
21        MCO's enrollee and clearly identified as interest
22        payments.
23        (4)(A) The Department shall require MCOs to expedite
24    payments to providers identified on the Department's
25    expedited provider list, determined in accordance with 89
26    Ill. Adm. Code 140.71(b), on a schedule at least as

 

 

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1    frequently as the providers are paid under the Department's
2    fee-for-service expedited provider schedule.
3            (B) Compliance with the expedited provider
4        requirement may be satisfied by an MCO through the use
5        of a Periodic Interim Payment (PIP) program that has
6        been mutually agreed to and documented between the MCO
7        and the provider, if and the PIP program ensures that
8        any expedited provider receives regular and periodic
9        payments based on prior period payment experience from
10        that MCO. Total payments under the PIP program may be
11        reconciled against future PIP payments on a schedule
12        mutually agreed to between the MCO and the provider.
13            (C) The Department shall share at least monthly its
14        expedited provider list and the frequency with which it
15        pays providers on the expedited list.
16    (g-5) Recognizing that the rapid transformation of the
17Illinois Medicaid program may have unintended operational
18challenges for both payers and providers:
19        (1) in no instance shall a medically necessary covered
20    service rendered in good faith, based upon eligibility
21    information documented by the provider, be denied coverage
22    or diminished in payment amount if the eligibility or
23    coverage information available at the time the service was
24    rendered is later found to be inaccurate in the assignment
25    of coverage responsibility between MCOs or the
26    fee-for-service system, except for instances when an

 

 

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1    individual is deemed to have not been eligible for coverage
2    under the Illinois Medicaid program; and
3        (2) the Department shall, by December 31, 2016, adopt
4    rules establishing policies that shall be included in the
5    Medicaid managed care policy and procedures manual
6    addressing payment resolutions in situations in which a
7    provider renders services based upon information obtained
8    after verifying a patient's eligibility and coverage plan
9    through either the Department's current enrollment system
10    or a system operated by the coverage plan identified by the
11    patient presenting for services:
12            (A) such medically necessary covered services
13        shall be considered rendered in good faith;
14            (B) such policies and procedures shall be
15        developed in consultation with industry
16        representatives of the Medicaid managed care health
17        plans and representatives of provider associations
18        representing the majority of providers within the
19        identified provider industry; and
20            (C) such rules shall be published for a review and
21        comment period of no less than 30 days on the
22        Department's website with final rules remaining
23        available on the Department's website.
24    The rules on payment resolutions shall include, but not be
25limited to:
26        (A) the extension of the timely filing period;

 

 

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1        (B) retroactive prior authorizations; and
2        (C) guaranteed minimum payment rate of no less than the
3    current, as of the date of service, fee-for-service rate,
4    plus all applicable add-ons, when the resulting service
5    relationship is out of network.
6    The rules shall be applicable for both MCO coverage and
7fee-for-service coverage.
8    If the fee-for-service system is ultimately determined to
9have been responsible for coverage on the date of service, the
10Department shall provide for an extended period for claims
11submission outside the standard timely filing requirements.
12    (g-6) MCO Performance Metrics Report.
13        (1) The Department shall publish, on at least a
14    quarterly basis, each MCO's operational performance,
15    including, but not limited to, the following categories of
16    metrics:
17            (A) claims payment, including timeliness and
18        accuracy;
19            (B) prior authorizations;
20            (C) grievance and appeals;
21            (D) utilization statistics;
22            (E) provider disputes;
23            (F) provider credentialing; and
24            (G) member and provider customer service.
25        (2) The Department shall ensure that the metrics report
26    is accessible to providers online by January 1, 2017.

 

 

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1        (3) The metrics shall be developed in consultation with
2    industry representatives of the Medicaid managed care
3    health plans and representatives of associations
4    representing the majority of providers within the
5    identified industry.
6        (4) Metrics shall be defined and incorporated into the
7    applicable Managed Care Policy Manual issued by the
8    Department.
9    (g-7) MCO claims processing and performance analysis. In
10order to monitor MCO payments to hospital providers, pursuant
11to this amendatory Act of the 100th General Assembly, the
12Department shall post an analysis of MCO claims processing and
13payment performance on its website every 6 months. Such
14analysis shall include a review and evaluation of a
15representative sample of hospital claims that are rejected and
16denied for clean and unclean claims and the top 5 reasons for
17such actions and timeliness of claims adjudication, which
18identifies the percentage of claims adjudicated within 30, 60,
1990, and over 90 days, and the dollar amounts associated with
20those claims. The Department shall post the contracted claims
21report required by HealthChoice Illinois on its website every 3
22months.
23    (g-8) Dispute resolution process. The Department shall
24maintain a provider complaint portal through which a provider
25can submit to the Department unresolved disputes with an MCO.
26An unresolved dispute means an MCO's decision that denies in

 

 

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1whole or in part a claim for reimbursement to a provider for
2health care services rendered by the provider to an enrollee of
3the MCO with which the provider disagrees. Disputes shall not
4be submitted to the portal until the provider has availed
5itself of the MCO's internal dispute resolution process.
6Disputes that are submitted to the MCO internal dispute
7resolution process may be submitted to the Department of
8Healthcare and Family Services' complaint portal no sooner than
930 days after submitting to the MCO's internal process and not
10later than 30 days after the unsatisfactory resolution of the
11internal MCO process or 60 days after submitting the dispute to
12the MCO internal process. Multiple claim disputes involving the
13same MCO may be submitted in one complaint, regardless of
14whether the claims are for different enrollees, when the
15specific reason for non-payment of the claims involves a common
16question of fact or policy. Within 10 business days of receipt
17of a complaint, the Department shall present such disputes to
18the appropriate MCO, which shall then have 30 days to issue its
19written proposal to resolve the dispute. The Department may
20grant one 30-day extension of this time frame to one of the
21parties to resolve the dispute. If the dispute remains
22unresolved at the end of this time frame or the provider is not
23satisfied with the MCO's written proposal to resolve the
24dispute, the provider may, within 30 days, request the
25Department to review the dispute and make a final
26determination. Within 30 days of the request for Department

 

 

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1review of the dispute, both the provider and the MCO shall
2present all relevant information to the Department for
3resolution and make individuals with knowledge of the issues
4available to the Department for further inquiry if needed.
5Within 30 days of receiving the relevant information on the
6dispute, or the lapse of the period for submitting such
7information, the Department shall issue a written decision on
8the dispute based on contractual terms between the provider and
9the MCO, contractual terms between the MCO and the Department
10of Healthcare and Family Services and applicable Medicaid
11policy. The decision of the Department shall be final. By
12January 1, 2020, the Department shall establish by rule further
13details of this dispute resolution process. Disputes between
14MCOs and providers presented to the Department for resolution
15are not contested cases, as defined in Section 1-30 of the
16Illinois Administrative Procedure Act, conferring any right to
17an administrative hearing.
18    (g-9)(1) The Department shall publish annually on its
19website a report on the calculation of each managed care
20organization's medical loss ratio showing the following:
21        (A) Premium revenue, with appropriate adjustments.
22        (B) Benefit expense, setting forth the aggregate
23    amount spent for the following:
24            (i) Direct paid claims.
25            (ii) Subcapitation payments.
26            (iii) Other claim payments.

 

 

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1            (iv) Direct reserves.
2            (v) Gross recoveries.
3            (vi) Expenses for activities that improve health
4        care quality as allowed by the Department.
5    (2) The medical loss ratio shall be calculated consistent
6with federal law and regulation following a claims runout
7period determined by the Department.
8    (g-10)(1) "Liability effective date" means the date on
9which an MCO becomes responsible for payment for medically
10necessary and covered services rendered by a provider to one of
11its enrollees in accordance with the contract terms between the
12MCO and the provider. The liability effective date shall be the
13later of:
14        (A) The execution date of a network participation
15    contract agreement.
16        (B) The date the provider or its representative submits
17    to the MCO the complete and accurate standardized roster
18    form for the provider in the format approved by the
19    Department.
20        (C) The provider effective date contained within the
21    Department's provider enrollment subsystem within the
22    Illinois Medicaid Program Advanced Cloud Technology
23    (IMPACT) System.
24    (2) The standardized roster form may be submitted to the
25MCO at the same time that the provider submits an enrollment
26application to the Department through IMPACT.

 

 

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1    (3) By October 1, 2019, the Department shall require all
2MCOs to update their provider directory with information for
3new practitioners of existing contracted providers within 30
4days of receipt of a complete and accurate standardized roster
5template in the format approved by the Department provided that
6the provider is effective in the Department's provider
7enrollment subsystem within the IMPACT system. Such provider
8directory shall be readily accessible for purposes of selecting
9an approved health care provider and comply with all other
10federal and State requirements.
11    (g-11) The Department shall work with relevant
12stakeholders on the development of operational guidelines to
13enhance and improve operational performance of Illinois'
14Medicaid managed care program, including, but not limited to,
15improving provider billing practices, reducing claim
16rejections and inappropriate payment denials, and
17standardizing processes, procedures, definitions, and response
18timelines, with the goal of reducing provider and MCO
19administrative burdens and conflict. The Department shall
20include a report on the progress of these program improvements
21and other topics in its Fiscal Year 2020 annual report to the
22General Assembly.
23    (g-12) Notwithstanding any other provision of law, if the
24Department or an MCO requires submission of a claim for payment
25in a non-electronic format, a provider shall always be afforded
26a period of no less than 90 business days, as a correction

 

 

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1period, following any notification of rejection by either the
2Department or the MCO to correct errors or omissions in the
3original submission.
4    Under no circumstances, either by an MCO or under the
5State's fee-for-service system, shall a provider be denied
6payment for failure to comply with any timely submission
7requirements under this Code or under any existing contract,
8unless the non-electronic format claim submission occurs after
9the initial 180 days following the latest date of service on
10the claim, or after the 90 business days correction period
11following notification to the provider of rejection or denial
12of payment.
13    (h) The Department shall not expand mandatory MCO
14enrollment into new counties beyond those counties already
15designated by the Department as of June 1, 2014 for the
16individuals whose eligibility for medical assistance is not the
17seniors or people with disabilities population until the
18Department provides an opportunity for accountable care
19entities and MCOs to participate in such newly designated
20counties.
21    (i) The requirements of this Section apply to contracts
22with accountable care entities and MCOs entered into, amended,
23or renewed after June 16, 2014 (the effective date of Public
24Act 98-651).
25    (j) Health care information released to managed care
26organizations. A health care provider shall release to a

 

 

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1Medicaid managed care organization, upon request, and subject
2to the Health Insurance Portability and Accountability Act of
31996 and any other law applicable to the release of health
4information, the health care information of the MCO's enrollee,
5if the enrollee has completed and signed a general release form
6that grants to the health care provider permission to release
7the recipient's health care information to the recipient's
8insurance carrier.
9    (k) The Department of Healthcare and Family Services,
10managed care organizations, a statewide organization
11representing hospitals, and a statewide organization
12representing safety-net hospitals shall explore ways to
13support billing departments in safety-net hospitals.
14    (l) The requirements of this Section added by this
15amendatory Act of the 101st General Assembly shall apply to
16services provided on or after the first day of the month that
17begins 60 days after the effective date of this amendatory Act
18of the 101st General Assembly.
19(Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18;
20100-587, eff. 6-4-18; 101-209, eff. 8-5-19.)
 
21
Article 155.

 
22    Section 155-5. The Illinois Public Aid Code is amended by
23adding Section 5-30.17 as follows:
 

 

 

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1    (305 ILCS 5/5-30.17 new)
2    Sec. 5-30.17. Medicaid Managed Care Oversight Commission.
3    (a) The Medicaid Managed Care Oversight Commission is
4created within the Department of Healthcare and Family Services
5to evaluate the effectiveness of Illinois' managed care
6program.
7    (b) The Commission shall consist of the following members:
8        (1) One member of the Senate, appointed by the Senate
9    President, who shall serve as co-chair.
10        (2) One member of the House of Representatives,
11    appointed by the Speaker of the House of Representatives,
12    who shall serve as co-chair.
13        (3) One member of the House of Representatives,
14    appointed by the Minority Leader of the House of
15    Representatives.
16        (4) One member of the Senate, appointed by the Senate
17    Minority Leader.
18        (5) One member representing the Department of
19    Healthcare and Family Services, appointed by the Governor.
20        (6) One member representing the Department of Public
21