Sen. Mattie Hunter

Filed: 1/13/2021

 

 


 

 


 
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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,
25subject to funding availability, for persons who are otherwise

 

 

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1eligible for medical assistance. The Department of Healthcare
2and Family Services shall develop services, including, but not
3limited to, care coordination and diagnosis-related patient
4services, for which community health workers will be eligible
5for reimbursement and shall request approval from the federal
6Centers for Medicare and Medicaid Services to reimburse
7community health worker services under the medical assistance
8program. For reimbursement under the medical assistance
9program, a community health worker must work under the
10supervision of an enrolled medical program provider, as
11specified by the Department, and certification shall be
12required for reimbursement. The supervision of enrolled
13medical program providers and certification are not required
14for community health workers who receive reimbursement through
15managed care administrative moneys. Noncertified community
16health workers are reimbursable at the discretion of managed
17care entities following availability of community health
18worker certification. In addition, the Department of
19Healthcare and Family Services shall amend its contracts with
20managed care entities to allow managed care entities to employ
21community health workers or subcontract with community-based
22organizations that employ community health workers.
 
23    Section 5-23. Certification. Certification shall not be
24required for employment of community health workers.
25Noncertified community health workers may be employed through

 

 

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1funding sources outside of the medical assistance program.
 
2    Section 5-25. Rules. The Department of Public Health and
3the Department of Healthcare and Family Services may adopt
4rules for the implementation and administration of this Act.
 
5
Title III. Hospital Reform

 
6
Article 10.

 
7    Section 10-5. The Hospital Licensing Act is amended by
8changing Section 10.4 as follows:
 
9    (210 ILCS 85/10.4)  (from Ch. 111 1/2, par. 151.4)
10    Sec. 10.4. Medical staff privileges.
11    (a) Any hospital licensed under this Act or any hospital
12organized under the University of Illinois Hospital Act shall,
13prior to the granting of any medical staff privileges to an
14applicant, or renewing a current medical staff member's
15privileges, request of the Director of Professional Regulation
16information concerning the licensure status, proper
17credentials, required certificates, and any disciplinary
18action taken against the applicant's or medical staff member's
19license, except: (1) for medical personnel who enter a hospital
20to obtain organs and tissues for transplant from a donor in
21accordance with the Illinois Anatomical Gift Act; or (2) for

 

 

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1medical personnel who have been granted disaster privileges
2pursuant to the procedures and requirements established by
3rules adopted by the Department. Any hospital and any employees
4of the hospital or others involved in granting privileges who,
5in good faith, grant disaster privileges pursuant to this
6Section to respond to an emergency shall not, as a result of
7their acts or omissions, be liable for civil damages for
8granting or denying disaster privileges except in the event of
9willful and wanton misconduct, as that term is defined in
10Section 10.2 of this Act. Individuals granted privileges who
11provide care in an emergency situation, in good faith and
12without direct compensation, shall not, as a result of their
13acts or omissions, except for acts or omissions involving
14willful and wanton misconduct, as that term is defined in
15Section 10.2 of this Act, on the part of the person, be liable
16for civil damages. The Director of Professional Regulation
17shall transmit, in writing and in a timely fashion, such
18information regarding the license of the applicant or the
19medical staff member, including the record of imposition of any
20periods of supervision or monitoring as a result of alcohol or
21substance abuse, as provided by Section 23 of the Medical
22Practice Act of 1987, and such information as may have been
23submitted to the Department indicating that the application or
24medical staff member has been denied, or has surrendered,
25medical staff privileges at a hospital licensed under this Act,
26or any equivalent facility in another state or territory of the

 

 

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1United States. The Director of Professional Regulation shall
2define by rule the period for timely response to such requests.
3    No transmittal of information by the Director of
4Professional Regulation, under this Section shall be to other
5than the president, chief operating officer, chief
6administrative officer, or chief of the medical staff of a
7hospital licensed under this Act, a hospital organized under
8the University of Illinois Hospital Act, or a hospital operated
9by the United States, or any of its instrumentalities. The
10information so transmitted shall be afforded the same status as
11is information concerning medical studies by Part 21 of Article
12VIII of the Code of Civil Procedure, as now or hereafter
13amended.
14    (b) All hospitals licensed under this Act, except county
15hospitals as defined in subsection (c) of Section 15-1 of the
16Illinois Public Aid Code, shall comply with, and the medical
17staff bylaws of these hospitals shall include rules consistent
18with, the provisions of this Section in granting, limiting,
19renewing, or denying medical staff membership and clinical
20staff privileges. Hospitals that require medical staff members
21to possess faculty status with a specific institution of higher
22education are not required to comply with subsection (1) below
23when the physician does not possess faculty status.
24        (1) Minimum procedures for pre-applicants and
25    applicants for medical staff membership shall include the
26    following:

 

 

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1            (A) Written procedures relating to the acceptance
2        and processing of pre-applicants or applicants for
3        medical staff membership, which should be contained in
4        medical staff bylaws.
5            (B) Written procedures to be followed in
6        determining a pre-applicant's or an applicant's
7        qualifications for being granted medical staff
8        membership and privileges.
9            (C) Written criteria to be followed in evaluating a
10        pre-applicant's or an applicant's qualifications.
11            (D) An evaluation of a pre-applicant's or an
12        applicant's current health status and current license
13        status in Illinois.
14            (E) A written response to each pre-applicant or
15        applicant that explains the reason or reasons for any
16        adverse decision (including all reasons based in whole
17        or in part on the applicant's medical qualifications or
18        any other basis, including economic factors).
19        (2) Minimum procedures with respect to medical staff
20    and clinical privilege determinations concerning current
21    members of the medical staff shall include the following:
22            (A) A written notice of an adverse decision.
23            (B) An explanation of the reasons for an adverse
24        decision including all reasons based on the quality of
25        medical care or any other basis, including economic
26        factors.

 

 

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1            (C) A statement of the medical staff member's right
2        to request a fair hearing on the adverse decision
3        before a hearing panel whose membership is mutually
4        agreed upon by the medical staff and the hospital
5        governing board. The hearing panel shall have
6        independent authority to recommend action to the
7        hospital governing board. Upon the request of the
8        medical staff member or the hospital governing board,
9        the hearing panel shall make findings concerning the
10        nature of each basis for any adverse decision
11        recommended to and accepted by the hospital governing
12        board.
13                (i) Nothing in this subparagraph (C) limits a
14            hospital's or medical staff's right to summarily
15            suspend, without a prior hearing, a person's
16            medical staff membership or clinical privileges if
17            the continuation of practice of a medical staff
18            member constitutes an immediate danger to the
19            public, including patients, visitors, and hospital
20            employees and staff. In the event that a hospital
21            or the medical staff imposes a summary suspension,
22            the Medical Executive Committee, or other
23            comparable governance committee of the medical
24            staff as specified in the bylaws, must meet as soon
25            as is reasonably possible to review the suspension
26            and to recommend whether it should be affirmed,

 

 

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1            lifted, expunged, or modified if the suspended
2            physician requests such review. A summary
3            suspension may not be implemented unless there is
4            actual documentation or other reliable information
5            that an immediate danger exists. This
6            documentation or information must be available at
7            the time the summary suspension decision is made
8            and when the decision is reviewed by the Medical
9            Executive Committee. If the Medical Executive
10            Committee recommends that the summary suspension
11            should be lifted, expunged, or modified, this
12            recommendation must be reviewed and considered by
13            the hospital governing board, or a committee of the
14            board, on an expedited basis. Nothing in this
15            subparagraph (C) shall affect the requirement that
16            any requested hearing must be commenced within 15
17            days after the summary suspension and completed
18            without delay unless otherwise agreed to by the
19            parties. A fair hearing shall be commenced within
20            15 days after the suspension and completed without
21            delay, except that when the medical staff member's
22            license to practice has been suspended or revoked
23            by the State's licensing authority, no hearing
24            shall be necessary.
25                (ii) Nothing in this subparagraph (C) limits a
26            medical staff's right to permit, in the medical

 

 

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1            staff bylaws, summary suspension of membership or
2            clinical privileges in designated administrative
3            circumstances as specifically approved by the
4            medical staff. This bylaw provision must
5            specifically describe both the administrative
6            circumstance that can result in a summary
7            suspension and the length of the summary
8            suspension. The opportunity for a fair hearing is
9            required for any administrative summary
10            suspension. Any requested hearing must be
11            commenced within 15 days after the summary
12            suspension and completed without delay. Adverse
13            decisions other than suspension or other
14            restrictions on the treatment or admission of
15            patients may be imposed summarily and without a
16            hearing under designated administrative
17            circumstances as specifically provided for in the
18            medical staff bylaws as approved by the medical
19            staff.
20                (iii) If a hospital exercises its option to
21            enter into an exclusive contract and that contract
22            results in the total or partial termination or
23            reduction of medical staff membership or clinical
24            privileges of a current medical staff member, the
25            hospital shall provide the affected medical staff
26            member 60 days prior notice of the effect on his or

 

 

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1            her medical staff membership or privileges. An
2            affected medical staff member desiring a hearing
3            under subparagraph (C) of this paragraph (2) must
4            request the hearing within 14 days after the date
5            he or she is so notified. The requested hearing
6            shall be commenced and completed (with a report and
7            recommendation to the affected medical staff
8            member, hospital governing board, and medical
9            staff) within 30 days after the date of the medical
10            staff member's request. If agreed upon by both the
11            medical staff and the hospital governing board,
12            the medical staff bylaws may provide for longer
13            time periods.
14            (C-5) All peer review used for the purpose of
15        credentialing, privileging, disciplinary action, or
16        other recommendations affecting medical staff
17        membership or exercise of clinical privileges, whether
18        relying in whole or in part on internal or external
19        reviews, shall be conducted in accordance with the
20        medical staff bylaws and applicable rules,
21        regulations, or policies of the medical staff. If
22        external review is obtained, any adverse report
23        utilized shall be in writing and shall be made part of
24        the internal peer review process under the bylaws. The
25        report shall also be shared with a medical staff peer
26        review committee and the individual under review. If

 

 

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1        the medical staff peer review committee or the
2        individual under review prepares a written response to
3        the report of the external peer review within 30 days
4        after receiving such report, the governing board shall
5        consider the response prior to the implementation of
6        any final actions by the governing board which may
7        affect the individual's medical staff membership or
8        clinical privileges. Any peer review that involves
9        willful or wanton misconduct shall be subject to civil
10        damages as provided for under Section 10.2 of this Act.
11            (D) A statement of the member's right to inspect
12        all pertinent information in the hospital's possession
13        with respect to the decision.
14            (E) A statement of the member's right to present
15        witnesses and other evidence at the hearing on the
16        decision.
17            (E-5) The right to be represented by a personal
18        attorney.
19            (F) A written notice and written explanation of the
20        decision resulting from the hearing.
21            (F-5) A written notice of a final adverse decision
22        by a hospital governing board.
23            (G) Notice given 15 days before implementation of
24        an adverse medical staff membership or clinical
25        privileges decision based substantially on economic
26        factors. This notice shall be given after the medical

 

 

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1        staff member exhausts all applicable procedures under
2        this Section, including item (iii) of subparagraph (C)
3        of this paragraph (2), and under the medical staff
4        bylaws in order to allow sufficient time for the
5        orderly provision of patient care.
6            (H) Nothing in this paragraph (2) of this
7        subsection (b) limits a medical staff member's right to
8        waive, in writing, the rights provided in
9        subparagraphs (A) through (G) of this paragraph (2) of
10        this subsection (b) upon being granted the written
11        exclusive right to provide particular services at a
12        hospital, either individually or as a member of a
13        group. If an exclusive contract is signed by a
14        representative of a group of physicians, a waiver
15        contained in the contract shall apply to all members of
16        the group unless stated otherwise in the contract.
17        (3) Every adverse medical staff membership and
18    clinical privilege decision based substantially on
19    economic factors shall be reported to the Hospital
20    Licensing Board before the decision takes effect. These
21    reports shall not be disclosed in any form that reveals the
22    identity of any hospital or physician. These reports shall
23    be utilized to study the effects that hospital medical
24    staff membership and clinical privilege decisions based
25    upon economic factors have on access to care and the
26    availability of physician services. The Hospital Licensing

 

 

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1    Board shall submit an initial study to the Governor and the
2    General Assembly by January 1, 1996, and subsequent reports
3    shall be submitted periodically thereafter.
4        (4) As used in this Section:
5        "Adverse decision" means a decision reducing,
6    restricting, suspending, revoking, denying, or not
7    renewing medical staff membership or clinical privileges.
8        "Economic factor" means any information or reasons for
9    decisions unrelated to quality of care or professional
10    competency.
11        "Pre-applicant" means a physician licensed to practice
12    medicine in all its branches who requests an application
13    for medical staff membership or privileges.
14        "Privilege" means permission to provide medical or
15    other patient care services and permission to use hospital
16    resources, including equipment, facilities and personnel
17    that are necessary to effectively provide medical or other
18    patient care services. This definition shall not be
19    construed to require a hospital to acquire additional
20    equipment, facilities, or personnel to accommodate the
21    granting of privileges.
22        (5) Any amendment to medical staff bylaws required
23    because of this amendatory Act of the 91st General Assembly
24    shall be adopted on or before July 1, 2001.
25    (c) All hospitals shall consult with the medical staff
26prior to closing membership in the entire or any portion of the

 

 

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1medical staff or a department. If the hospital closes
2membership in the medical staff, any portion of the medical
3staff, or the department over the objections of the medical
4staff, then the hospital shall provide a detailed written
5explanation for the decision to the medical staff 10 days prior
6to the effective date of any closure. No applications need to
7be provided when membership in the medical staff or any
8relevant portion of the medical staff is closed.
9(Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)
 
10
Article 15.

 
11    Section 15-3. The Illinois Health Finance Reform Act is
12amended by changing Section 4-4 as follows:
 
13    (20 ILCS 2215/4-4)  (from Ch. 111 1/2, par. 6504-4)
14    Sec. 4-4. (a) Hospitals shall make available to prospective
15patients information on the normal charge incurred for any
16procedure or operation the prospective patient is considering.
17    (b) The Department of Public Health shall require hospitals
18to post, either by physical or electronic means, in prominent
19letters, in letters no more than one inch in height the
20established charges for services, where applicable, including
21but not limited to the hospital's private room charge,
22semi-private room charge, charge for a room with 3 or more
23beds, intensive care room charges, emergency room charge,

 

 

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1operating room charge, electrocardiogram charge, anesthesia
2charge, chest x-ray charge, blood sugar charge, blood chemistry
3charge, tissue exam charge, blood typing charge and Rh factor
4charge. The definitions of each charge to be posted shall be
5determined by the Department.
6(Source: P.A. 92-597, eff. 7-1-02.)
 
7    Section 15-5. The Hospital Licensing Act is amended by
8changing Sections 6, 6.14c, 10.10, and 11.5 as follows:
 
9    (210 ILCS 85/6)  (from Ch. 111 1/2, par. 147)
10    Sec. 6. (a) Upon receipt of an application for a permit to
11establish a hospital the Director shall issue a permit if he
12finds (1) that the applicant is fit, willing, and able to
13provide a proper standard of hospital service for the community
14with particular regard to the qualification, background, and
15character of the applicant, (2) that the financial resources
16available to the applicant demonstrate an ability to construct,
17maintain, and operate a hospital in accordance with the
18standards, rules, and regulations adopted pursuant to this Act,
19and (3) that safeguards are provided which assure hospital
20operation and maintenance consistent with the public interest
21having particular regard to safe, adequate, and efficient
22hospital facilities and services.
23    The Director may request the cooperation of county and
24multiple-county health departments, municipal boards of

 

 

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1health, and other governmental and non-governmental agencies
2in obtaining information and in conducting investigations
3relating to such applications.
4    A permit to establish a hospital shall be valid only for
5the premises and person named in the application for such
6permit and shall not be transferable or assignable.
7    In the event the Director issues a permit to establish a
8hospital the applicant shall thereafter submit plans and
9specifications to the Department in accordance with Section 8
10of this Act.
11    (b) Upon receipt of an application for license to open,
12conduct, operate, and maintain a hospital, the Director shall
13issue a license if he finds the applicant and the hospital
14facilities comply with standards, rules, and regulations
15promulgated under this Act. A license, unless sooner suspended
16or revoked, shall be renewable annually upon approval by the
17Department and payment of a license fee as established pursuant
18to Section 5 of this Act. Each license shall be issued only for
19the premises and persons named in the application and shall not
20be transferable or assignable. Licenses shall be posted, either
21by physical or electronic means, in a conspicuous place on the
22licensed premises. The Department may, either before or after
23the issuance of a license, request the cooperation of the State
24Fire Marshal, county and multiple county health departments, or
25municipal boards of health to make investigations to determine
26if the applicant or licensee is complying with the minimum

 

 

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1standards prescribed by the Department. The report and
2recommendations of any such agency shall be in writing and
3shall state with particularity its findings with respect to
4compliance or noncompliance with such minimum standards,
5rules, and regulations.
6    The Director may issue a provisional license to any
7hospital which does not substantially comply with the
8provisions of this Act and the standards, rules, and
9regulations promulgated by virtue thereof provided that he
10finds that such hospital has undertaken changes and corrections
11which upon completion will render the hospital in substantial
12compliance with the provisions of this Act, and the standards,
13rules, and regulations adopted hereunder, and provided that the
14health and safety of the patients of the hospital will be
15protected during the period for which such provisional license
16is issued. The Director shall advise the licensee of the
17conditions under which such provisional license is issued,
18including the manner in which the hospital facilities fail to
19comply with the provisions of the Act, standards, rules, and
20regulations, and the time within which the changes and
21corrections necessary for such hospital facilities to
22substantially comply with this Act, and the standards, rules,
23and regulations of the Department relating thereto shall be
24completed.
25(Source: P.A. 98-683, eff. 6-30-14.)
 

 

 

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1    (210 ILCS 85/6.14c)
2    Sec. 6.14c. Posting of information. Every hospital shall
3conspicuously post, either by physical or electronic means, for
4display in an area of its offices accessible to patients,
5employees, and visitors the following:
6        (1) its current license;
7        (2) a description, provided by the Department, of
8    complaint procedures established under this Act and the
9    name, address, and telephone number of a person authorized
10    by the Department to receive complaints;
11        (3) a list of any orders pertaining to the hospital
12    issued by the Department during the past year and any court
13    orders reviewing such Department orders issued during the
14    past year; and
15        (4) a list of the material available for public
16    inspection under Section 6.14d.
17    Each hospital shall post, either by physical or electronic
18means, in each facility that has an emergency room, a notice in
19a conspicuous location in the emergency room with information
20about how to enroll in health insurance through the Illinois
21health insurance marketplace in accordance with Sections 1311
22and 1321 of the federal Patient Protection and Affordable Care
23Act.
24(Source: P.A. 101-117, eff. 1-1-20.)
 
25    (210 ILCS 85/10.10)

 

 

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1    Sec. 10.10. Nurse Staffing by Patient Acuity.
2    (a) Findings. The Legislature finds and declares all of the
3following:
4        (1) The State of Illinois has a substantial interest in
5    promoting quality care and improving the delivery of health
6    care services.
7        (2) Evidence-based studies have shown that the basic
8    principles of staffing in the acute care setting should be
9    based on the complexity of patients' care needs aligned
10    with available nursing skills to promote quality patient
11    care consistent with professional nursing standards.
12        (3) Compliance with this Section promotes an
13    organizational climate that values registered nurses'
14    input in meeting the health care needs of hospital
15    patients.
16    (b) Definitions. As used in this Section:
17    "Acuity model" means an assessment tool selected and
18implemented by a hospital, as recommended by a nursing care
19committee, that assesses the complexity of patient care needs
20requiring professional nursing care and skills and aligns
21patient care needs and nursing skills consistent with
22professional nursing standards.
23    "Department" means the Department of Public Health.
24    "Direct patient care" means care provided by a registered
25professional nurse with direct responsibility to oversee or
26carry out medical regimens or nursing care for one or more

 

 

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1patients.
2    "Nursing care committee" means an existing or newly created
3hospital-wide committee or committees of nurses whose
4functions, in part or in whole, contribute to the development,
5recommendation, and review of the hospital's nurse staffing
6plan established pursuant to subsection (d).
7    "Registered professional nurse" means a person licensed as
8a Registered Nurse under the Nurse Practice Act.
9    "Written staffing plan for nursing care services" means a
10written plan for guiding the assignment of patient care nursing
11staff based on multiple nurse and patient considerations that
12yield minimum staffing levels for inpatient care units and the
13adopted acuity model aligning patient care needs with nursing
14skills required for quality patient care consistent with
15professional nursing standards.
16    (c) Written staffing plan.
17        (1) Every hospital shall implement a written
18    hospital-wide staffing plan, recommended by a nursing care
19    committee or committees, that provides for minimum direct
20    care professional registered nurse-to-patient staffing
21    needs for each inpatient care unit. The written
22    hospital-wide staffing plan shall include, but need not be
23    limited to, the following considerations:
24            (A) The complexity of complete care, assessment on
25        patient admission, volume of patient admissions,
26        discharges and transfers, evaluation of the progress

 

 

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1        of a patient's problems, ongoing physical assessments,
2        planning for a patient's discharge, assessment after a
3        change in patient condition, and assessment of the need
4        for patient referrals.
5            (B) The complexity of clinical professional
6        nursing judgment needed to design and implement a
7        patient's nursing care plan, the need for specialized
8        equipment and technology, the skill mix of other
9        personnel providing or supporting direct patient care,
10        and involvement in quality improvement activities,
11        professional preparation, and experience.
12            (C) Patient acuity and the number of patients for
13        whom care is being provided.
14            (D) The ongoing assessments of a unit's patient
15        acuity levels and nursing staff needed shall be
16        routinely made by the unit nurse manager or his or her
17        designee.
18            (E) The identification of additional registered
19        nurses available for direct patient care when
20        patients' unexpected needs exceed the planned workload
21        for direct care staff.
22        (2) In order to provide staffing flexibility to meet
23    patient needs, every hospital shall identify an acuity
24    model for adjusting the staffing plan for each inpatient
25    care unit.
26        (3) The written staffing plan shall be posted, either

 

 

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1    by physical or electronic means, in a conspicuous and
2    accessible location for both patients and direct care
3    staff, as required under the Hospital Report Card Act. A
4    copy of the written staffing plan shall be provided to any
5    member of the general public upon request.
6    (d) Nursing care committee.
7        (1) Every hospital shall have a nursing care committee.
8    A hospital shall appoint members of a committee whereby at
9    least 50% of the members are registered professional nurses
10    providing direct patient care.
11        (2) A nursing care committee's recommendations must be
12    given significant regard and weight in the hospital's
13    adoption and implementation of a written staffing plan.
14        (3) A nursing care committee or committees shall
15    recommend a written staffing plan for the hospital based on
16    the principles from the staffing components set forth in
17    subsection (c). In particular, a committee or committees
18    shall provide input and feedback on the following:
19            (A) Selection, implementation, and evaluation of
20        minimum staffing levels for inpatient care units.
21            (B) Selection, implementation, and evaluation of
22        an acuity model to provide staffing flexibility that
23        aligns changing patient acuity with nursing skills
24        required.
25            (C) Selection, implementation, and evaluation of a
26        written staffing plan incorporating the items

 

 

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1        described in subdivisions (c)(1) and (c)(2) of this
2        Section.
3            (D) Review the following: nurse-to-patient
4        staffing guidelines for all inpatient areas; and
5        current acuity tools and measures in use.
6        (4) A nursing care committee must address the items
7    described in subparagraphs (A) through (D) of paragraph (3)
8    semi-annually.
9    (e) Nothing in this Section 10.10 shall be construed to
10limit, alter, or modify any of the terms, conditions, or
11provisions of a collective bargaining agreement entered into by
12the hospital.
13(Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12;
1497-813, eff. 7-13-12.)
 
15    (210 ILCS 85/11.5)
16    Sec. 11.5. Uniform standards of obstetrical care
17regardless of ability to pay.
18    (a) No hospital may promulgate policies or implement
19practices that determine differing standards of obstetrical
20care based upon a patient's source of payment or ability to pay
21for medical services.
22    (b) Each hospital shall develop a written policy statement
23reflecting the requirements of subsection (a) and shall post,
24either by physical or electronic means, written notices of this
25policy in the obstetrical admitting areas of the hospital by

 

 

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1July 1, 2004. Notices posted pursuant to this Section shall be
2posted in the predominant language or languages spoken in the
3hospital's service area.
4(Source: P.A. 93-981, eff. 8-23-04.)
 
5    Section 15-10. The Language Assistance Services Act is
6amended by changing Section 15 as follows:
 
7    (210 ILCS 87/15)
8    Sec. 15. Language assistance services.
9    (a) To ensure access to health care information and
10services for limited-English-speaking or non-English-speaking
11residents and deaf residents, a health facility must do the
12following:
13        (1) Adopt and review annually a policy for providing
14    language assistance services to patients with language or
15    communication barriers. The policy shall include
16    procedures for providing, to the extent possible as
17    determined by the facility, the use of an interpreter
18    whenever a language or communication barrier exists,
19    except where the patient, after being informed of the
20    availability of the interpreter service, chooses to use a
21    family member or friend who volunteers to interpret. The
22    procedures shall be designed to maximize efficient use of
23    interpreters and minimize delays in providing interpreters
24    to patients. The procedures shall insure, to the extent

 

 

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1    possible as determined by the facility, that interpreters
2    are available, either on the premises or accessible by
3    telephone, 24 hours a day. The facility shall annually
4    transmit to the Department of Public Health a copy of the
5    updated policy and shall include a description of the
6    facility's efforts to insure adequate and speedy
7    communication between patients with language or
8    communication barriers and staff.
9        (2) Develop, and post, either by physical or electronic
10    means, in conspicuous locations, notices that advise
11    patients and their families of the availability of
12    interpreters, the procedure for obtaining an interpreter,
13    and the telephone numbers to call for filing complaints
14    concerning interpreter service problems, including, but
15    not limited to, a TTY number for persons who are deaf or
16    hard of hearing. The notices shall be posted, at a minimum,
17    in the emergency room, the admitting area, the facility
18    entrance, and the outpatient area. Notices shall inform
19    patients that interpreter services are available on
20    request, shall list the languages most commonly
21    encountered at the facility for which interpreter services
22    are available, and shall instruct patients to direct
23    complaints regarding interpreter services to the
24    Department of Public Health, including the telephone
25    numbers to call for that purpose.
26        (3) Notify the facility's employees of the language

 

 

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1    services available at the facility and train them on how to
2    make those language services available to patients.
3    (b) In addition, a health facility may do one or more of
4the following:
5        (1) Identify and record a patient's primary language
6    and dialect on one or more of the following: a patient
7    medical chart, hospital bracelet, bedside notice, or
8    nursing card.
9        (2) Prepare and maintain, as needed, a list of
10    interpreters who have been identified as proficient in sign
11    language according to the Interpreter for the Deaf
12    Licensure Act of 2007 and a list of the languages of the
13    population of the geographical area served by the facility.
14        (3) Review all standardized written forms, waivers,
15    documents, and informational materials available to
16    patients on admission to determine which to translate into
17    languages other than English.
18        (4) Consider providing its nonbilingual staff with
19    standardized picture and phrase sheets for use in routine
20    communications with patients who have language or
21    communication barriers.
22        (5) Develop community liaison groups to enable the
23    facility and the limited-English-speaking,
24    non-English-speaking, and deaf communities to ensure the
25    adequacy of the interpreter services.
26(Source: P.A. 98-756, eff. 7-16-14.)
 

 

 

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1    Section 15-15. The Fair Patient Billing Act is amended by
2changing Section 15 as follows:
 
3    (210 ILCS 88/15)
4    Sec. 15. Patient notification.
5    (a) Each hospital shall post a sign with the following
6notice:
7         "You may be eligible for financial assistance under
8    the terms and conditions the hospital offers to qualified
9    patients. For more information contact [hospital financial
10    assistance representative]".
11    (b) The sign under subsection (a) shall be posted, either
12by physical or electronic means, conspicuously in the admission
13and registration areas of the hospital.
14    (c) The sign shall be in English, and in any other language
15that is the primary language of at least 5% of the patients
16served by the hospital annually.
17    (d) Each hospital that has a website must post a notice in
18a prominent place on its website that financial assistance is
19available at the hospital, a description of the financial
20assistance application process, and a copy of the financial
21assistance application.
22    (e) Within 180 days after the effective date of this
23amendatory Act of the 101st General Assembly, each Each
24hospital must make available information regarding financial

 

 

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1assistance from the hospital in the form of either a brochure,
2an application for financial assistance, or other written or
3electronic material in the emergency room, material in the
4hospital admission, or registration area.
5(Source: P.A. 94-885, eff. 1-1-07.)
 
6    Section 15-16. The Health Care Violence Prevention Act is
7amended by changing Section 15 as follows:
 
8    (210 ILCS 160/15)
9    Sec. 15. Workplace safety.
10    (a) A health care worker who contacts law enforcement or
11files a report with law enforcement against a patient or
12individual because of workplace violence shall provide notice
13to management of the health care provider by which he or she is
14employed within 3 days after contacting law enforcement or
15filing the report.
16    (b) No management of a health care provider may discourage
17a health care worker from exercising his or her right to
18contact law enforcement or file a report with law enforcement
19because of workplace violence.
20    (c) A health care provider that employs a health care
21worker shall display a notice, either by physical or electronic
22means, stating that verbal aggression will not be tolerated and
23physical assault will be reported to law enforcement.
24    (d) The health care provider shall offer immediate

 

 

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1post-incident services for a health care worker directly
2involved in a workplace violence incident caused by patients or
3their visitors, including acute treatment and access to
4psychological evaluation.
5(Source: P.A. 100-1051, eff. 1-1-19.)
 
6    Section 15-17. The Medical Patient Rights Act is amended by
7changing Sections 3.4 and 5.2 as follows:
 
8    (410 ILCS 50/3.4)
9    Sec. 3.4. Rights of women; pregnancy and childbirth.
10    (a) In addition to any other right provided under this Act,
11every woman has the following rights with regard to pregnancy
12and childbirth:
13        (1) The right to receive health care before, during,
14    and after pregnancy and childbirth.
15        (2) The right to receive care for her and her infant
16    that is consistent with generally accepted medical
17    standards.
18        (3) The right to choose a certified nurse midwife or
19    physician as her maternity care professional.
20        (4) The right to choose her birth setting from the full
21    range of birthing options available in her community.
22        (5) The right to leave her maternity care professional
23    and select another if she becomes dissatisfied with her
24    care, except as otherwise provided by law.

 

 

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1        (6) The right to receive information about the names of
2    those health care professionals involved in her care.
3        (7) The right to privacy and confidentiality of
4    records, except as provided by law.
5        (8) The right to receive information concerning her
6    condition and proposed treatment, including methods of
7    relieving pain.
8        (9) The right to accept or refuse any treatment, to the
9    extent medically possible.
10        (10) The right to be informed if her caregivers wish to
11    enroll her or her infant in a research study in accordance
12    with Section 3.1 of this Act.
13        (11) The right to access her medical records in
14    accordance with Section 8-2001 of the Code of Civil
15    Procedure.
16        (12) The right to receive information in a language in
17    which she can communicate in accordance with federal law.
18        (13) The right to receive emotional and physical
19    support during labor and birth.
20        (14) The right to freedom of movement during labor and
21    to give birth in the position of her choice, within
22    generally accepted medical standards.
23        (15) The right to contact with her newborn, except
24    where necessary care must be provided to the mother or
25    infant.
26        (16) The right to receive information about

 

 

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1    breastfeeding.
2        (17) The right to decide collaboratively with
3    caregivers when she and her baby will leave the birth site
4    for home, based on their conditions and circumstances.
5        (18) The right to be treated with respect at all times
6    before, during, and after pregnancy by her health care
7    professionals.
8        (19) The right of each patient, regardless of source of
9    payment, to examine and receive a reasonable explanation of
10    her total bill for services rendered by her maternity care
11    professional or health care provider, including itemized
12    charges for specific services received. Each maternity
13    care professional or health care provider shall be
14    responsible only for a reasonable explanation of those
15    specific services provided by the maternity care
16    professional or health care provider.
17    (b) The Department of Public Health, Department of
18Healthcare and Family Services, Department of Children and
19Family Services, and Department of Human Services shall post,
20either by physical or electronic means, information about these
21rights on their publicly available websites. Every health care
22provider, day care center licensed under the Child Care Act of
231969, Head Start, and community center shall post information
24about these rights in a prominent place and on their websites,
25if applicable.
26    (c) The Department of Public Health shall adopt rules to

 

 

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1implement this Section.
2    (d) Nothing in this Section or any rules adopted under
3subsection (c) shall be construed to require a physician,
4health care professional, hospital, hospital affiliate, or
5health care provider to provide care inconsistent with
6generally accepted medical standards or available capabilities
7or resources.
8(Source: P.A. 101-445, eff. 1-1-20.)
 
9    (410 ILCS 50/5.2)
10    Sec. 5.2. Emergency room anti-discrimination notice. Every
11hospital shall post, either by physical or electronic means, a
12sign next to or in close proximity of its sign required by
13Section 489.20 (q)(1) of Title 42 of the Code of Federal
14Regulations stating the following:
15    "You have the right not to be discriminated against by the
16hospital due to your race, color, or national origin if these
17characteristics are unrelated to your diagnosis or treatment.
18If you believe this right has been violated, please call
19(insert number for hospital grievance officer).".
20(Source: P.A. 97-485, eff. 8-22-11.)
 
21    Section 15-25. The Abandoned Newborn Infant Protection Act
22is amended by changing Section 22 as follows:
 
23    (325 ILCS 2/22)

 

 

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1    Sec. 22. Signs. Every hospital, fire station, emergency
2medical facility, and police station that is required to accept
3a relinquished newborn infant in accordance with this Act must
4post, either by physical or electronic means, a sign in a
5conspicuous place on the exterior of the building housing the
6facility informing persons that a newborn infant may be
7relinquished at the facility in accordance with this Act. The
8Department shall prescribe specifications for the signs and for
9their placement that will ensure statewide uniformity.
10    This Section does not apply to a hospital, fire station,
11emergency medical facility, or police station that has a sign
12that is consistent with the requirements of this Section that
13is posted on the effective date of this amendatory Act of the
1495th General Assembly.
15(Source: P.A. 95-275, eff. 8-17-07.)
 
16    Section 15-30. The Crime Victims Compensation Act is
17amended by changing Section 5.1 as follows:
 
18    (740 ILCS 45/5.1)  (from Ch. 70, par. 75.1)
19    Sec. 5.1. (a) Every hospital licensed under the laws of
20this State shall display prominently in its emergency room
21posters giving notification of the existence and general
22provisions of this Act. The posters may be displayed by
23physical or electronic means. Such posters shall be provided by
24the Attorney General.

 

 

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1    (b) Any law enforcement agency that investigates an offense
2committed in this State shall inform the victim of the offense
3or his dependents concerning the availability of an award of
4compensation and advise such persons that any information
5concerning this Act and the filing of a claim may be obtained
6from the office of the Attorney General.
7(Source: P.A. 81-1013.)
 
8    Section 15-35. The Human Trafficking Resource Center
9Notice Act is amended by changing Sections 5 and 10 as follows:
 
10    (775 ILCS 50/5)
11    Sec. 5. Posted notice required.
12    (a) Each of the following businesses and other
13establishments shall, upon the availability of the model notice
14described in Section 15 of this Act, post a notice that
15complies with the requirements of this Act in a conspicuous
16place near the public entrance of the establishment or in
17another conspicuous location in clear view of the public and
18employees where similar notices are customarily posted:
19        (1) On premise consumption retailer licensees under
20    the Liquor Control Act of 1934 where the sale of alcoholic
21    liquor is the principal business carried on by the licensee
22    at the premises and primary to the sale of food.
23        (2) Adult entertainment facilities, as defined in
24    Section 5-1097.5 of the Counties Code.

 

 

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1        (3) Primary airports, as defined in Section 47102(16)
2    of Title 49 of the United States Code.
3        (4) Intercity passenger rail or light rail stations.
4        (5) Bus stations.
5        (6) Truck stops. For purposes of this Act, "truck stop"
6    means a privately-owned and operated facility that
7    provides food, fuel, shower or other sanitary facilities,
8    and lawful overnight truck parking.
9        (7) Emergency rooms within general acute care
10    hospitals, in which case the notice may be posted by
11    electronic means.
12        (8) Urgent care centers, in which case the notice may
13    be posted by electronic means.
14        (9) Farm labor contractors. For purposes of this Act,
15    "farm labor contractor" means: (i) any person who for a fee
16    or other valuable consideration recruits, supplies, or
17    hires, or transports in connection therewith, into or
18    within the State, any farmworker not of the contractor's
19    immediate family to work for, or under the direction,
20    supervision, or control of, a third person; or (ii) any
21    person who for a fee or other valuable consideration
22    recruits, supplies, or hires, or transports in connection
23    therewith, into or within the State, any farmworker not of
24    the contractor's immediate family, and who for a fee or
25    other valuable consideration directs, supervises, or
26    controls all or any part of the work of the farmworker or

 

 

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1    who disburses wages to the farmworker. However, "farm labor
2    contractor" does not include full-time regular employees
3    of food processing companies when the employees are engaged
4    in recruiting for the companies if those employees are not
5    compensated according to the number of farmworkers they
6    recruit.
7        (10) Privately-operated job recruitment centers.
8        (11) Massage establishments. As used in this Act,
9    "massage establishment" means a place of business in which
10    any method of massage therapy is administered or practiced
11    for compensation. "Massage establishment" does not
12    include: an establishment at which persons licensed under
13    the Medical Practice Act of 1987, the Illinois Physical
14    Therapy Act, or the Naprapathic Practice Act engage in
15    practice under one of those Acts; a business owned by a
16    sole licensed massage therapist; or a cosmetology or
17    esthetics salon registered under the Barber, Cosmetology,
18    Esthetics, Hair Braiding, and Nail Technology Act of 1985.
19    (b) The Department of Transportation shall, upon the
20availability of the model notice described in Section 15 of
21this Act, post a notice that complies with the requirements of
22this Act in a conspicuous place near the public entrance of
23each roadside rest area or in another conspicuous location in
24clear view of the public and employees where similar notices
25are customarily posted.
26    (c) The owner of a hotel or motel shall, upon the

 

 

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1availability of the model notice described in Section 15 of
2this Act, post a notice that complies with the requirements of
3this Act in a conspicuous and accessible place in or about the
4premises in clear view of the employees where similar notices
5are customarily posted.
6    (d) The organizer of a public gathering or special event
7that is conducted on property open to the public and requires
8the issuance of a permit from the unit of local government
9shall post a notice that complies with the requirements of this
10Act in a conspicuous and accessible place in or about the
11premises in clear view of the public and employees where
12similar notices are customarily posted.
13    (e) The administrator of a public or private elementary
14school or public or private secondary school shall post a
15printout of the downloadable notice provided by the Department
16of Human Services under Section 15 that complies with the
17requirements of this Act in a conspicuous and accessible place
18chosen by the administrator in the administrative office or
19another location in view of school employees. School districts
20and personnel are not subject to the penalties provided under
21subsection (a) of Section 20.
22    (f) The owner of an establishment registered under the
23Tattoo and Body Piercing Establishment Registration Act shall
24post a notice that complies with the requirements of this Act
25in a conspicuous and accessible place in clear view of
26establishment employees.

 

 

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1(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17; 100-671,
2eff. 1-1-19.)
 
3    (775 ILCS 50/10)
4    Sec. 10. Form of posted notice.
5    (a) The notice required under this Act shall be at least 8
61/2 inches by 11 inches in size, written in a 16-point font,
7except that when the notice is provided by electronic means the
8size of the notice and font shall not be required to comply
9with these specifications, and shall state the following:
 
10"If you or someone you know is being forced to engage in any
11activity and cannot leave, whether it is commercial sex,
12housework, farm work, construction, factory, retail, or
13restaurant work, or any other activity, call the National Human
14Trafficking Resource Center at 1-888-373-7888 to access help
15and services.
 
16Victims of slavery and human trafficking are protected under
17United States and Illinois law. The hotline is:
18        * Available 24 hours a day, 7 days a week.
19        * Toll-free.
20        * Operated by nonprofit nongovernmental organizations.
21        * Anonymous and confidential.
22        * Accessible in more than 160 languages.
23        * Able to provide help, referral to services, training,

 

 

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1    and general information.".
 
2    (b) The notice shall be printed in English, Spanish, and in
3one other language that is the most widely spoken language in
4the county where the establishment is located and for which
5translation is mandated by the federal Voting Rights Act, as
6applicable. This subsection does not require a business or
7other establishment in a county where a language other than
8English or Spanish is the most widely spoken language to print
9the notice in more than one language in addition to English and
10Spanish.
11(Source: P.A. 99-99, eff. 1-1-16.)
 
12
Article 20.

 
13    Section 20-5. The University of Illinois Hospital Act is
14amended by adding Section 8d as follows:
 
15    (110 ILCS 330/8d new)
16    Sec. 8d. N95 masks. The University of Illinois Hospital
17shall provide N95 masks to physicians licensed under the
18Medical Practice Act of 1987, registered nurses and advanced
19practice registered nurses licensed under the Nurse Licensing
20Act, and other employees, to the extent the hospital determines
21that the physician, registered nurse, advanced practice
22registered nurse, or other employee is required to have such a

 

 

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1mask to serve patients of the hospital, in accordance with the
2policies, guidance, and recommendations of State and federal
3public health and infection control authorities and taking into
4consideration the limitations on access to N95 masks caused by
5disruptions in local, State, national, and international
6supply chains; however, nothing in this Section shall be
7construed to impose any new duty or obligation on the hospital
8that is greater than that imposed under State and federal laws
9in effect on the effective date of this amendatory Act of the
10101st General Assembly. This Section is repealed on December
1131, 2021.
 
12    Section 20-10. The Hospital Licensing Act is amended by
13adding Section 6.28 as follows:
 
14    (210 ILCS 85/6.28 new)
15    Sec. 6.28. N95 masks. A hospital licensed under this Act
16shall provide N95 masks to physicians licensed under the
17Medical Practice Act of 1987, registered nurses and advanced
18practice registered nurses licensed under the Nurse Licensing
19Act, and other employees, to the extent the hospital determines
20that the physician, registered nurse, advanced practice
21registered nurse, or other employee is required to have such a
22mask to serve patients of the hospital, in accordance with the
23policies, guidance, and recommendations of State and federal
24public health and infection control authorities and taking into

 

 

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1consideration the limitations on access to N95 masks caused by
2disruptions in local, State, national, and international
3supply chains; however, nothing in this Section shall be
4construed to impose any new duty or obligation on the hospital
5that is greater than that imposed under State and federal laws
6in effect on the effective date of this amendatory Act of the
7101st General Assembly. This Section is repealed on December
831, 2021.
 
9
Article 35.

 
10    Section 35-5. The Illinois Public Aid Code is amended by
11changing Section 5-5.05 as follows:
 
12    (305 ILCS 5/5-5.05)
13    Sec. 5-5.05. Hospitals; psychiatric services.
14    (a) On and after July 1, 2008, the inpatient, per diem rate
15to be paid to a hospital for inpatient psychiatric services
16shall be $363.77.
17    (b) For purposes of this Section, "hospital" means the
18following:
19        (1) Advocate Christ Hospital, Oak Lawn, Illinois.
20        (2) Barnes-Jewish Hospital, St. Louis, Missouri.
21        (3) BroMenn Healthcare, Bloomington, Illinois.
22        (4) Jackson Park Hospital, Chicago, Illinois.
23        (5) Katherine Shaw Bethea Hospital, Dixon, Illinois.

 

 

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1        (6) Lawrence County Memorial Hospital, Lawrenceville,
2    Illinois.
3        (7) Advocate Lutheran General Hospital, Park Ridge,
4    Illinois.
5        (8) Mercy Hospital and Medical Center, Chicago,
6    Illinois.
7        (9) Methodist Medical Center of Illinois, Peoria,
8    Illinois.
9        (10) Provena United Samaritans Medical Center,
10    Danville, Illinois.
11        (11) Rockford Memorial Hospital, Rockford, Illinois.
12        (12) Sarah Bush Lincoln Health Center, Mattoon,
13    Illinois.
14        (13) Provena Covenant Medical Center, Urbana,
15    Illinois.
16        (14) Rush-Presbyterian-St. Luke's Medical Center,
17    Chicago, Illinois.
18        (15) Mt. Sinai Hospital, Chicago, Illinois.
19        (16) Gateway Regional Medical Center, Granite City,
20    Illinois.
21        (17) St. Mary of Nazareth Hospital, Chicago, Illinois.
22        (18) Provena St. Mary's Hospital, Kankakee, Illinois.
23        (19) St. Mary's Hospital, Decatur, Illinois.
24        (20) Memorial Hospital, Belleville, Illinois.
25        (21) Swedish Covenant Hospital, Chicago, Illinois.
26        (22) Trinity Medical Center, Rock Island, Illinois.

 

 

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1        (23) St. Elizabeth Hospital, Chicago, Illinois.
2        (24) Richland Memorial Hospital, Olney, Illinois.
3        (25) St. Elizabeth's Hospital, Belleville, Illinois.
4        (26) Samaritan Health System, Clinton, Iowa.
5        (27) St. John's Hospital, Springfield, Illinois.
6        (28) St. Mary's Hospital, Centralia, Illinois.
7        (29) Loretto Hospital, Chicago, Illinois.
8        (30) Kenneth Hall Regional Hospital, East St. Louis,
9    Illinois.
10        (31) Hinsdale Hospital, Hinsdale, Illinois.
11        (32) Pekin Hospital, Pekin, Illinois.
12        (33) University of Chicago Medical Center, Chicago,
13    Illinois.
14        (34) St. Anthony's Health Center, Alton, Illinois.
15        (35) OSF St. Francis Medical Center, Peoria, Illinois.
16        (36) Memorial Medical Center, Springfield, Illinois.
17        (37) A hospital with a distinct part unit for
18    psychiatric services that begins operating on or after July
19    1, 2008.
20    For purposes of this Section, "inpatient psychiatric
21services" means those services provided to patients who are in
22need of short-term acute inpatient hospitalization for active
23treatment of an emotional or mental disorder.
24    (b-5) Notwithstanding any other provision of this Section,
25and subject to available appropriations, the inpatient, per
26diem rate to be paid to all safety-net hospitals for inpatient

 

 

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1psychiatric services on and after January 1, 2021 shall be at
2least $630.
3    (c) No rules shall be promulgated to implement this
4Section. For purposes of this Section, "rules" is given the
5meaning contained in Section 1-70 of the Illinois
6Administrative Procedure Act.
7    (d) This Section shall not be in effect during any period
8of time that the State has in place a fully operational
9hospital assessment plan that has been approved by the Centers
10for Medicare and Medicaid Services of the U.S. Department of
11Health and Human Services.
12    (e) On and after July 1, 2012, the Department shall reduce
13any rate of reimbursement for services or other payments or
14alter any methodologies authorized by this Code to reduce any
15rate of reimbursement for services or other payments in
16accordance with Section 5-5e.
17(Source: P.A. 97-689, eff. 6-14-12.)
 
18
Title IV. Medical Implicit Bias

 
19
Article 45.

 
20    Section 45-5. The Department of Professional Regulation
21Law of the Civil Administrative Code of Illinois is amended by
22adding Section 2105-15.7 as follows:
 

 

 

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1    (20 ILCS 2105/2105-15.7 new)
2    Sec. 2105-15.7. Implicit bias awareness training.
3    (a) As used in this Section, "health care professional"
4means a person licensed or registered by the Department of
5Financial and Professional Regulation under the following
6Acts: Medical Practice Act of 1987, Nurse Practice Act,
7Clinical Psychologist Licensing Act, Illinois Dental Practice
8Act, Illinois Optometric Practice Act of 1987, Pharmacy
9Practice Act, Illinois Physical Therapy Act, Physician
10Assistant Practice Act of 1987, Acupuncture Practice Act,
11Illinois Athletic Trainers Practice Act, Clinical Social Work
12and Social Work Practice Act, Dietitian Nutritionist Practice
13Act, Home Medical Equipment and Services Provider License Act,
14Naprapathic Practice Act, Nursing Home Administrators
15Licensing and Disciplinary Act, Illinois Occupational Therapy
16Practice Act, Illinois Optometric Practice Act of 1987,
17Podiatric Medical Practice Act of 1987, Respiratory Care
18Practice Act, Professional Counselor and Clinical Professional
19Counselor Licensing and Practice Act, Sex Offender Evaluation
20and Treatment Provider Act, Illinois Speech-Language Pathology
21and Audiology Practice Act, Perfusionist Practice Act,
22Registered Surgical Assistant and Registered Surgical
23Technologist Title Protection Act, and Genetic Counselor
24Licensing Act.
25    (b) For license or registration renewals occurring on or
26after January 1, 2022, a health care professional who has

 

 

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1continuing education requirements must complete at least a
2one-hour course in training on implicit bias awareness per
3renewal period. A health care professional may count this one
4hour for completion of this course toward meeting the minimum
5credit hours required for continuing education. Any training on
6implicit bias awareness applied to meet any other State
7licensure requirement, professional accreditation or
8certification requirement, or health care institutional
9practice agreement may count toward the one-hour requirement
10under this Section.
11    (c) The Department may adopt rules for the implementation
12of this Section.
 
13
Title V. Substance Abuse and Mental Health Treatment

 
14
Article 50.

 
15    Section 50-5. The Illinois Controlled Substances Act is
16amended by changing Section 414 as follows:
 
17    (720 ILCS 570/414)
18    Sec. 414. Overdose; limited immunity from prosecution.
19    (a) For the purposes of this Section, "overdose" means a
20controlled substance-induced physiological event that results
21in a life-threatening emergency to the individual who ingested,
22inhaled, injected or otherwise bodily absorbed a controlled,

 

 

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1counterfeit, or look-alike substance or a controlled substance
2analog.
3    (b) A person who, in good faith, seeks or obtains emergency
4medical assistance for someone experiencing an overdose shall
5not be arrested, charged, or prosecuted for a violation of
6Section 401 or 402 of the Illinois Controlled Substances Act,
7Section 3.5 of the Drug Paraphernalia Control Act, Section 55
8or 60 of the Methamphetamine Control and Community Protection
9Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph
10(1) of subsection (g) of Section 12-3.05 of the Criminal Code
11of 2012 Class 4 felony possession of a controlled, counterfeit,
12or look-alike substance or a controlled substance analog if
13evidence for the violation Class 4 felony possession charge was
14acquired as a result of the person seeking or obtaining
15emergency medical assistance and providing the amount of
16substance recovered is within the amount identified in
17subsection (d) of this Section. The violations listed in this
18subsection (b) must not serve as the sole basis of a violation
19of parole, mandatory supervised release, probation, or
20conditional discharge, or any seizure of property under any
21State law authorizing civil forfeiture so long as the evidence
22for the violation was acquired as a result of the person
23seeking or obtaining emergency medical assistance in the event
24of an overdose.
25    (c) A person who is experiencing an overdose shall not be
26arrested, charged, or prosecuted for a violation of Section 401

 

 

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1or 402 of the Illinois Controlled Substances Act, Section 3.5
2of the Drug Paraphernalia Control Act, Section 9-3.3 of the
3Criminal Code of 2012, or paragraph (1) of subsection (g) of
4Section 12-3.05 of the Criminal Code of 2012 Class 4 felony
5possession of a controlled, counterfeit, or look-alike
6substance or a controlled substance analog if evidence for the
7violation Class 4 felony possession charge was acquired as a
8result of the person seeking or obtaining emergency medical
9assistance and providing the amount of substance recovered is
10within the amount identified in subsection (d) of this Section.
11The violations listed in this subsection (c) must not serve as
12the sole basis of a violation of parole, mandatory supervised
13release, probation, or conditional discharge, or any seizure of
14property under any State law authorizing civil forfeiture so
15long as the evidence for the violation was acquired as a result
16of the person seeking or obtaining emergency medical assistance
17in the event of an overdose.
18    (d) For the purposes of subsections (b) and (c), the
19limited immunity shall only apply to a person possessing the
20following amount:
21        (1) less than 3 grams of a substance containing heroin;
22        (2) less than 3 grams of a substance containing
23    cocaine;
24        (3) less than 3 grams of a substance containing
25    morphine;
26        (4) less than 40 grams of a substance containing

 

 

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1    peyote;
2        (5) less than 40 grams of a substance containing a
3    derivative of barbituric acid or any of the salts of a
4    derivative of barbituric acid;
5        (6) less than 40 grams of a substance containing
6    amphetamine or any salt of an optical isomer of
7    amphetamine;
8        (7) less than 3 grams of a substance containing
9    lysergic acid diethylamide (LSD), or an analog thereof;
10        (8) less than 6 grams of a substance containing
11    pentazocine or any of the salts, isomers and salts of
12    isomers of pentazocine, or an analog thereof;
13        (9) less than 6 grams of a substance containing
14    methaqualone or any of the salts, isomers and salts of
15    isomers of methaqualone;
16        (10) less than 6 grams of a substance containing
17    phencyclidine or any of the salts, isomers and salts of
18    isomers of phencyclidine (PCP);
19        (11) less than 6 grams of a substance containing
20    ketamine or any of the salts, isomers and salts of isomers
21    of ketamine;
22        (12) less than 40 grams of a substance containing a
23    substance classified as a narcotic drug in Schedules I or
24    II, or an analog thereof, which is not otherwise included
25    in this subsection.
26    (e) The limited immunity described in subsections (b) and

 

 

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1(c) of this Section shall not be extended if law enforcement
2has reasonable suspicion or probable cause to detain, arrest,
3or search the person described in subsection (b) or (c) of this
4Section for criminal activity and the reasonable suspicion or
5probable cause is based on information obtained prior to or
6independent of the individual described in subsection (b) or
7(c) taking action to seek or obtain emergency medical
8assistance and not obtained as a direct result of the action of
9seeking or obtaining emergency medical assistance. Nothing in
10this Section is intended to interfere with or prevent the
11investigation, arrest, or prosecution of any person for the
12delivery or distribution of cannabis, methamphetamine or other
13controlled substances, drug-induced homicide, or any other
14crime if the evidence of the violation is not acquired as a
15result of the person seeking or obtaining emergency medical
16assistance in the event of an overdose.
17(Source: P.A. 97-678, eff. 6-1-12.)
 
18    Section 50-10. The Methamphetamine Control and Community
19Protection Act is amended by changing Section 115 as follows:
 
20    (720 ILCS 646/115)
21    Sec. 115. Overdose; limited immunity from prosecution.
22    (a) For the purposes of this Section, "overdose" means a
23methamphetamine-induced physiological event that results in a
24life-threatening emergency to the individual who ingested,

 

 

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

 

 

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1paragraph (1) of subsection (g) of Section 12-3.05 of the
2Criminal Code of 2012 Class 3 felony possession of
3methamphetamine if evidence for the Class 3 felony possession
4charge was acquired as a result of the person seeking or
5obtaining emergency medical assistance and providing the
6amount of substance recovered is less than one gram of
7methamphetamine or a substance containing methamphetamine. The
8violations listed in this subsection (c) must not serve as the
9sole basis of a violation of parole, mandatory supervised
10release, probation, or conditional discharge, or any seizure of
11property under any State law authorizing civil forfeiture so
12long as the evidence for the violation was acquired as a result
13of the person seeking or obtaining emergency medical assistance
14in the event of an overdose.
15    (d) The limited immunity described in subsections (b) and
16(c) of this Section shall not be extended if law enforcement
17has reasonable suspicion or probable cause to detain, arrest,
18or search the person described in subsection (b) or (c) of this
19Section for criminal activity and the reasonable suspicion or
20probable cause is based on information obtained prior to or
21independent of the individual described in subsection (b) or
22(c) taking action to seek or obtain emergency medical
23assistance and not obtained as a direct result of the action of
24seeking or obtaining emergency medical assistance. Nothing in
25this Section is intended to interfere with or prevent the
26investigation, arrest, or prosecution of any person for the

 

 

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1delivery or distribution of cannabis, methamphetamine or other
2controlled substances, drug-induced homicide, or any other
3crime if the evidence of the violation is not acquired as a
4result of the person seeking or obtaining emergency medical
5assistance in the event of an overdose.
6(Source: P.A. 97-678, eff. 6-1-12.)
 
7
Article 55.

 
8    Section 55-5. The Illinois Controlled Substances Act is
9amended by changing Section 316 as follows:
 
10    (720 ILCS 570/316)
11    Sec. 316. Prescription Monitoring Program.
12    (a) The Department must provide for a Prescription
13Monitoring Program for Schedule II, III, IV, and V controlled
14substances that includes the following components and
15requirements:
16        (1) The dispenser must transmit to the central
17    repository, in a form and manner specified by the
18    Department, the following information:
19            (A) The recipient's name and address.
20            (B) The recipient's date of birth and gender.
21            (C) The national drug code number of the controlled
22        substance dispensed.
23            (D) The date the controlled substance is

 

 

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1        dispensed.
2            (E) The quantity of the controlled substance
3        dispensed and days supply.
4            (F) The dispenser's United States Drug Enforcement
5        Administration registration number.
6            (G) The prescriber's United States Drug
7        Enforcement Administration registration number.
8            (H) The dates the controlled substance
9        prescription is filled.
10            (I) The payment type used to purchase the
11        controlled substance (i.e. Medicaid, cash, third party
12        insurance).
13            (J) The patient location code (i.e. home, nursing
14        home, outpatient, etc.) for the controlled substances
15        other than those filled at a retail pharmacy.
16            (K) Any additional information that may be
17        required by the department by administrative rule,
18        including but not limited to information required for
19        compliance with the criteria for electronic reporting
20        of the American Society for Automation and Pharmacy or
21        its successor.
22        (2) The information required to be transmitted under
23    this Section must be transmitted not later than the end of
24    the next business day after the date on which a controlled
25    substance is dispensed, or at such other time as may be
26    required by the Department by administrative rule.

 

 

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1        (3) A dispenser must transmit the information required
2    under this Section by:
3            (A) an electronic device compatible with the
4        receiving device of the central repository;
5            (B) a computer diskette;
6            (C) a magnetic tape; or
7            (D) a pharmacy universal claim form or Pharmacy
8        Inventory Control form.
9        (3.5) The requirements of paragraphs (1), (2), and (3)
10    of this subsection (a) also apply to opioid treatment
11    programs that prescribe Schedule II, III, IV, or V
12    controlled substances for the treatment of opioid use
13    disorder.
14        (4) The Department may impose a civil fine of up to
15    $100 per day for willful failure to report controlled
16    substance dispensing to the Prescription Monitoring
17    Program. The fine shall be calculated on no more than the
18    number of days from the time the report was required to be
19    made until the time the problem was resolved, and shall be
20    payable to the Prescription Monitoring Program.
21    (a-5) Notwithstanding subsection (a), a licensed
22veterinarian is exempt from the reporting requirements of this
23Section. If a person who is presenting an animal for treatment
24is suspected of fraudulently obtaining any controlled
25substance or prescription for a controlled substance, the
26licensed veterinarian shall report that information to the

 

 

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1local law enforcement agency.
2    (b) The Department, by rule, may include in the
3Prescription Monitoring Program certain other select drugs
4that are not included in Schedule II, III, IV, or V. The
5Prescription Monitoring Program does not apply to controlled
6substance prescriptions as exempted under Section 313.
7    (c) The collection of data on select drugs and scheduled
8substances by the Prescription Monitoring Program may be used
9as a tool for addressing oversight requirements of long-term
10care institutions as set forth by Public Act 96-1372. Long-term
11care pharmacies shall transmit patient medication profiles to
12the Prescription Monitoring Program monthly or more frequently
13as established by administrative rule.
14    (d) The Department of Human Services shall appoint a
15full-time Clinical Director of the Prescription Monitoring
16Program.
17    (e) (Blank).
18    (f) Within one year of January 1, 2018 (the effective date
19of Public Act 100-564), the Department shall adopt rules
20requiring all Electronic Health Records Systems to interface
21with the Prescription Monitoring Program application program
22on or before January 1, 2021 to ensure that all providers have
23access to specific patient records during the treatment of
24their patients. These rules shall also address the electronic
25integration of pharmacy records with the Prescription
26Monitoring Program to allow for faster transmission of the

 

 

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1information required under this Section. The Department shall
2establish actions to be taken if a prescriber's Electronic
3Health Records System does not effectively interface with the
4Prescription Monitoring Program within the required timeline.
5    (g) The Department, in consultation with the Advisory
6Committee, shall adopt rules allowing licensed prescribers or
7pharmacists who have registered to access the Prescription
8Monitoring Program to authorize a licensed or non-licensed
9designee employed in that licensed prescriber's office or a
10licensed designee in a licensed pharmacist's pharmacy who has
11received training in the federal Health Insurance Portability
12and Accountability Act to consult the Prescription Monitoring
13Program on their behalf. The rules shall include reasonable
14parameters concerning a practitioner's authority to authorize
15a designee, and the eligibility of a person to be selected as a
16designee. In this subsection (g), "pharmacist" shall include a
17clinical pharmacist employed by and designated by a Medicaid
18Managed Care Organization providing services under Article V of
19the Illinois Public Aid Code under a contract with the
20Department of Healthcare and Family Services for the sole
21purpose of clinical review of services provided to persons
22covered by the entity under the contract to determine
23compliance with subsections (a) and (b) of Section 314.5 of
24this Act. A managed care entity pharmacist shall notify
25prescribers of review activities.
26(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;

 

 

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1100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
27-12-19; 101-414, eff. 8-16-19.)
 
3
Article 60.

 
4    Section 60-5. The Adult Protective Services Act is amended
5by adding Section 3.1 as follows:
 
6    (320 ILCS 20/3.1 new)
7    Sec. 3.1. Adult protective services dementia training.
8    (a) This Section shall apply to any person who is employed
9by the Department in the Adult Protective Services division who
10works on the development and implementation of social services
11to respond to and prevent adult abuse, neglect, or
12exploitation, subject to or until specific appropriations
13become available.
14    (b) The Department shall develop and implement a dementia
15training program that must include instruction on the
16identification of people with dementia, risks such as
17wandering, communication impairments, elder abuse, and the
18best practices for interacting with people with dementia.
19    (c) Initial training of 4 hours shall be completed at the
20start of employment with the Adult Protective Services division
21and shall cover the following:
22        (1) Dementia, psychiatric, and behavioral symptoms.
23        (2) Communication issues, including how to communicate

 

 

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1    respectfully and effectively.
2        (3) Techniques for understanding and approaching
3    behavioral symptoms.
4        (4) Information on how to address specific aspects of
5    safety, for example tips to prevent wandering.
6        (5) When it is necessary to alert law enforcement
7    agencies of potential criminal behavior involving a family
8    member, caretaker, or institutional abuse; neglect or
9    exploitation of a person with dementia; and what types of
10    abuse that are most common to people with dementia.
11        (6) Identifying incidents of self-neglect for people
12    with dementia who live alone as well as neglect by a
13    caregiver.
14        (7) Protocols for connecting people living with
15    dementia to local care resources and professionals who are
16    skilled in dementia care to encourage cross-referral and
17    reporting regarding incidents of abuse.
18    (d) Annual continuing education shall include 2 hours of
19dementia training covering the subjects described in
20subsection (c).
21    (e) This Section is designed to address gaps in current
22dementia training requirements for Adult Protective Services
23officials and improve the quality of training. If currently
24existing law or rules contain more rigorous training
25requirements for Adult Protective Service officials, those
26laws or rules shall apply. Where there is overlap between this

 

 

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1Section and other laws and rules, the Department shall
2interpret this Section to avoid duplication of requirements
3while ensuring that the minimum requirements set in this
4Section are met.
5    (f) The Department may adopt rules for the administration
6of this Section.
 
7
Article 65.

 
8    Section 65-1. Short title. This Article may be cited as the
9Behavioral Health Workforce Education Center of Illinois Act.
10References in this Article to "this Act" mean this Article.
 
11    Section 65-5. Findings. The General Assembly finds as
12follows:
13        (1) There are insufficient behavioral health
14    professionals in this State's behavioral health workforce
15    and further that there are insufficient behavioral health
16    professionals trained in evidence-based practices.
17        (2) The Illinois behavioral health workforce situation
18    is at a crisis state and the lack of a behavioral health
19    strategy is exacerbating the problem.
20        (3) In 2019, the Journal of Community Health found that
21    suicide rates are disproportionately higher among African
22    American adolescents. From 2001 to 2017, the rate for
23    African American teen boys rose 60%, according to the

 

 

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1    study. Among African American teen girls, rates nearly
2    tripled, rising by an astounding 182%. Illinois was among
3    the 10 states with the greatest number of African American
4    adolescent suicides (2015-2017).
5        (4) Workforce shortages are evident in all behavioral
6    health professions, including, but not limited to,
7    psychiatry, psychiatric nursing, psychiatric physician
8    assistant, social work (licensed social work, licensed
9    clinical social work), counseling (licensed professional
10    counseling, licensed clinical professional counseling),
11    marriage and family therapy, licensed clinical psychology,
12    occupational therapy, prevention, substance use disorder
13    counseling, and peer support.
14        (5) The shortage of behavioral health practitioners
15    affects every Illinois county, every group of people with
16    behavioral health needs, including children and
17    adolescents, justice-involved populations, working adults,
18    people experiencing homelessness, veterans, and older
19    adults, and every health care and social service setting,
20    from residential facilities and hospitals to
21    community-based organizations and primary care clinics.
22        (6) Estimates of unmet needs consistently highlight
23    the dire situation in Illinois. Mental Health America ranks
24    Illinois 29th in the country in mental health workforce
25    availability based on its 480-to-1 ratio of population to
26    mental health professionals, and the Kaiser Family

 

 

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1    Foundation estimates that only 23.3% of Illinoisans'
2    mental health needs can be met with its current workforce.
3        (7) Shortages are especially acute in rural areas and
4    among low-income and under-insured individuals and
5    families. 30.3% of Illinois' rural hospitals are in
6    designated primary care shortage areas and 93.7% are in
7    designated mental health shortage areas. Nationally, 40%
8    of psychiatrists work in cash-only practices, limiting
9    access for those who cannot afford high out-of-pocket
10    costs, especially Medicaid eligible individuals and
11    families.
12        (8) Spanish-speaking therapists in suburban Cook
13    County, as well as in immigrant new growth communities
14    throughout the State, for example, and master's-prepared
15    social workers in rural communities are especially
16    difficult to recruit and retain.
17        (9) Illinois' shortage of psychiatrists specializing
18    in serving children and adolescents is also severe.
19    Eighty-one out of 102 Illinois counties have no child and
20    adolescent psychiatrists, and the remaining 21 counties
21    have only 310 child and adolescent psychiatrists for a
22    population of 2,450,000 children.
23        (10) Only 38.9% of the 121,000 Illinois youth aged 12
24    through 17 who experienced a major depressive episode
25    received care.
26        (11) An annual average of 799,000 people in Illinois

 

 

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1    aged 12 and older need but do not receive substance use
2    disorder treatment at specialty facilities.
3        (12) According to the Statewide Semiannual Opioid
4    Report, Illinois Department of Public Health, September
5    2020, the number of opioid deaths in Illinois has increased
6    3% from 2,167 deaths in 2018 to 2,233 deaths in 2019.
7        (13) Behavioral health workforce shortages have led to
8    well-documented problems of long wait times for
9    appointments with psychiatrists (4 to 6 months in some
10    cases), high turnover, and unfilled vacancies for social
11    workers and other behavioral health professionals that
12    have eroded the gains in insurance coverage for mental
13    illness and substance use disorder under the federal
14    Affordable Care Act and parity laws.
15        (14) As a result, individuals with mental illness or
16    substance use disorders end up in hospital emergency rooms,
17    which are the most expensive level of care, or are
18    incarcerated and do not receive adequate care, if any.
19        (15) There are many organizations and institutions
20    that are affected by behavioral health workforce
21    shortages, but no one entity is responsible for monitoring
22    the workforce supply and intervening to ensure it can
23    effectively meet behavioral health needs throughout the
24    State.
25        (16) Workforce shortages are more complex than simple
26    numerical shortfalls. Identifying the optimal number,

 

 

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1    type, and location of behavioral health professionals to
2    meet the differing needs of Illinois' diverse regions and
3    populations across the lifespan is a difficult logistical
4    problem at the system and practice level that requires
5    coordinated efforts in research, education, service
6    delivery, and policy.
7        (17) This State has a compelling and substantial
8    interest in building a pipeline for behavioral health
9    professionals and to anchor research and education for
10    behavioral health workforce development. Beginning with
11    the proposed Behavioral Health Workforce Education Center
12    of Illinois, Illinois has the chance to develop a blueprint
13    to be a national leader in behavioral health workforce
14    development.
15        (18) The State must act now to improve the ability of
16    its residents to achieve their human potential and to live
17    healthy, productive lives by reducing the misery and
18    suffering with unmet behavioral health needs.
 
19    Section 65-10. Behavioral Health Workforce Education
20Center of Illinois.
21    (a) The Behavioral Health Workforce Education Center of
22Illinois is created and shall be administered by a teaching,
23research, or both teaching and research public institution of
24higher education in this State. Subject to appropriation, the
25Center shall be operational on or before July 1, 2022.

 

 

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1    (b) The Behavioral Health Workforce Education Center of
2Illinois shall leverage workforce and behavioral health
3resources, including, but not limited to, State, federal, and
4foundation grant funding, federal Workforce Investment Act of
51998 programs, the National Health Service Corps and other
6nongraduate medical education physician workforce training
7programs, and existing behavioral health partnerships, and
8align with reforms in Illinois.
 
9    Section 65-15. Structure.
10    (a) The Behavioral Health Workforce Education Center of
11Illinois shall be structured as a multisite model, and the
12administering public institution of higher education shall
13serve as the hub institution, complemented by secondary
14regional hubs, namely academic institutions, that serve rural
15and small urban areas and at least one academic institution
16serving a densely urban municipality with more than 1,000,000
17inhabitants.
18    (b) The Behavioral Health Workforce Education Center of
19Illinois shall be located within one academic institution and
20shall be tasked with a convening and coordinating role for
21workforce research and planning, including monitoring progress
22toward Center goals.
23    (c) The Behavioral Health Workforce Education Center of
24Illinois shall also coordinate with key State agencies involved
25in behavioral health, workforce development, and higher

 

 

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1education in order to leverage disparate resources from health
2care, workforce, and economic development programs in Illinois
3government.
 
4    Section 65-20. Duties. The Behavioral Health Workforce
5Education Center of Illinois shall perform the following
6duties:
7        (1) Organize a consortium of universities in
8    partnerships with providers, school districts, law
9    enforcement, consumers and their families, State agencies,
10    and other stakeholders to implement workforce development
11    concepts and strategies in every region of this State.
12        (2) Be responsible for developing and implementing a
13    strategic plan for the recruitment, education, and
14    retention of a qualified, diverse, and evolving behavioral
15    health workforce in this State. Its planning and activities
16    shall include:
17            (A) convening and organizing vested stakeholders
18        spanning government agencies, clinics, behavioral
19        health facilities, prevention programs, hospitals,
20        schools, jails, prisons and juvenile justice, police
21        and emergency medical services, consumers and their
22        families, and other stakeholders;
23            (B) collecting and analyzing data on the
24        behavioral health workforce in Illinois, with detailed
25        information on specialties, credentials, additional

 

 

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1        qualifications (such as training or experience in
2        particular models of care), location of practice, and
3        demographic characteristics, including age, gender,
4        race and ethnicity, and languages spoken;
5            (C) building partnerships with school districts,
6        public institutions of higher education, and workforce
7        investment agencies to create pipelines to behavioral
8        health careers from high schools and colleges,
9        pathways to behavioral health specialization among
10        health professional students, and expanded behavioral
11        health residency and internship opportunities for
12        graduates;
13            (D) evaluating and disseminating information about
14        evidence-based practices emerging from research
15        regarding promising modalities of treatment, care
16        coordination models, and medications;
17            (E) developing systems for tracking the
18        utilization of evidence-based practices that most
19        effectively meet behavioral health needs; and
20            (F) providing technical assistance to support
21        professional training and continuing education
22        programs that provide effective training in
23        evidence-based behavioral health practices.
24        (3) Coordinate data collection and analysis, including
25    systematic tracking of the behavioral health workforce and
26    datasets that support workforce planning for an

 

 

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1    accessible, high-quality behavioral health system. In the
2    medium to long-term, the Center shall develop Illinois
3    behavioral workforce data capacity by:
4            (A) filling gaps in workforce data by collecting
5        information on specialty, training, and qualifications
6        for specific models of care, demographic
7        characteristics, including gender, race, ethnicity,
8        and languages spoken, and participation in public and
9        private insurance networks;
10            (B) identifying the highest priority geographies,
11        populations, and occupations for recruitment and
12        training;
13            (C) monitoring the incidence of behavioral health
14        conditions to improve estimates of unmet need; and
15            (D) compiling up-to-date, evidence-based
16        practices, monitoring utilization, and aligning
17        training resources to improve the uptake of the most
18        effective practices.
19        (4) Work to grow and advance peer and parent-peer
20    workforce development by:
21            (A) assessing the credentialing and reimbursement
22        processes and recommending reforms;
23            (B) evaluating available peer-parent training
24        models, choosing a model that meets Illinois' needs,
25        and working with partners to implement it universally
26        in child-serving programs throughout this State; and

 

 

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1            (C) including peer recovery specialists and
2        parent-peer support professionals in interdisciplinary
3        training programs.
4        (5) Focus on the training of behavioral health
5    professionals in telehealth techniques, including taking
6    advantage of a telehealth network that exists, and other
7    innovative means of care delivery in order to increase
8    access to behavioral health services for all persons within
9    this State.
10        (6) No later than December 1 of every odd-numbered
11    year, prepare a report of its activities under this Act.
12    The report shall be filed electronically with the General
13    Assembly, as provided under Section 3.1 of the General
14    Assembly Organization Act, and shall be provided
15    electronically to any member of the General Assembly upon
16    request.
 
17    Section 65-25. Selection process.
18    (a) No later than 90 days after the effective date of this
19Act, the Board of Higher Education shall select a public
20institution of higher education, with input and assistance from
21the Division of Mental Health of the Department of Human
22Services, to administer the Behavioral Health Workforce
23Education Center of Illinois.
24    (b) The selection process shall articulate the principles
25of the Behavioral Health Workforce Education Center of

 

 

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1Illinois, not inconsistent with this Act.
2    (c) The Board of Higher Education, with input and
3assistance from the Division of Mental Health of the Department
4of Human Services, shall make its selection of a public
5institution of higher education based on its ability and
6willingness to execute the following tasks:
7        (1) Convening academic institutions providing
8    behavioral health education to:
9            (A) develop curricula to train future behavioral
10        health professionals in evidence-based practices that
11        meet the most urgent needs of Illinois' residents;
12            (B) build capacity to provide clinical training
13        and supervision; and
14            (C) facilitate telehealth services to every region
15        of the State.
16        (2) Functioning as a clearinghouse for research,
17    education, and training efforts to identify and
18    disseminate evidence-based practices across the State.
19        (3) Leveraging financial support from grants and
20    social impact loan funds.
21        (4) Providing infrastructure to organize regional
22    behavioral health education and outreach. As budgets
23    allow, this shall include conference and training space,
24    research and faculty staff time, telehealth, and distance
25    learning equipment.
26        (5) Working with regional hubs that assess and serve

 

 

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1    the workforce needs of specific, well-defined regions and
2    specialize in specific research and training areas, such as
3    telehealth or mental health-criminal justice partnerships,
4    for which the regional hub can serve as a statewide leader.
5    (d) The Board of Higher Education may adopt such rules as
6may be necessary to implement and administer this Section.
 
7
Title VI. Access to Health Care

 
8
Article 70.

 
9    Section 70-5. The Use Tax Act is amended by changing
10Section 3-10 as follows:
 
11    (35 ILCS 105/3-10)
12    Sec. 3-10. Rate of tax. Unless otherwise provided in this
13Section, the tax imposed by this Act is at the rate of 6.25% of
14either the selling price or the fair market value, if any, of
15the tangible personal property. In all cases where property
16functionally used or consumed is the same as the property that
17was purchased at retail, then the tax is imposed on the selling
18price of the property. In all cases where property functionally
19used or consumed is a by-product or waste product that has been
20refined, manufactured, or produced from property purchased at
21retail, then the tax is imposed on the lower of the fair market
22value, if any, of the specific property so used in this State

 

 

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1or on the selling price of the property purchased at retail.
2For purposes of this Section "fair market value" means the
3price at which property would change hands between a willing
4buyer and a willing seller, neither being under any compulsion
5to buy or sell and both having reasonable knowledge of the
6relevant facts. The fair market value shall be established by
7Illinois sales by the taxpayer of the same property as that
8functionally used or consumed, or if there are no such sales by
9the taxpayer, then comparable sales or purchases of property of
10like kind and character in Illinois.
11    Beginning on July 1, 2000 and through December 31, 2000,
12with respect to motor fuel, as defined in Section 1.1 of the
13Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
14the Use Tax Act, the tax is imposed at the rate of 1.25%.
15    Beginning on August 6, 2010 through August 15, 2010, with
16respect to sales tax holiday items as defined in Section 3-6 of
17this Act, the tax is imposed at the rate of 1.25%.
18    With respect to gasohol, the tax imposed by this Act
19applies to (i) 70% of the proceeds of sales made on or after
20January 1, 1990, and before July 1, 2003, (ii) 80% of the
21proceeds of sales made on or after July 1, 2003 and on or
22before July 1, 2017, and (iii) 100% of the proceeds of sales
23made thereafter. If, at any time, however, the tax under this
24Act on sales of gasohol is imposed at the rate of 1.25%, then
25the tax imposed by this Act applies to 100% of the proceeds of
26sales of gasohol made during that time.

 

 

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1    With respect to majority blended ethanol fuel, the tax
2imposed by this Act does not apply to the proceeds of sales
3made on or after July 1, 2003 and on or before December 31,
42023 but applies to 100% of the proceeds of sales made
5thereafter.
6    With respect to biodiesel blends with no less than 1% and
7no more than 10% biodiesel, the tax imposed by this Act applies
8to (i) 80% of the proceeds of sales made on or after July 1,
92003 and on or before December 31, 2018 and (ii) 100% of the
10proceeds of sales made thereafter. If, at any time, however,
11the tax under this Act on sales of biodiesel blends with no
12less than 1% and no more than 10% biodiesel is imposed at the
13rate of 1.25%, then the tax imposed by this Act applies to 100%
14of the proceeds of sales of biodiesel blends with no less than
151% and no more than 10% biodiesel made during that time.
16    With respect to 100% biodiesel and biodiesel blends with
17more than 10% but no more than 99% biodiesel, the tax imposed
18by this Act does not apply to the proceeds of sales made on or
19after July 1, 2003 and on or before December 31, 2023 but
20applies to 100% of the proceeds of sales made thereafter.
21    With respect to food for human consumption that is to be
22consumed off the premises where it is sold (other than
23alcoholic beverages, food consisting of or infused with adult
24use cannabis, soft drinks, and food that has been prepared for
25immediate consumption) and prescription and nonprescription
26medicines, drugs, medical appliances, products classified as

 

 

10100HB3840sam003- 85 -LRB101 12454 CPF 74904 a

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

 

 

10100HB3840sam003- 86 -LRB101 12454 CPF 74904 a

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

 

 

10100HB3840sam003- 87 -LRB101 12454 CPF 74904 a

1lotions and screens, unless those products are available by
2prescription only, regardless of whether the products meet the
3definition of "over-the-counter-drugs". For the purposes of
4this paragraph, "over-the-counter-drug" means a drug for human
5use that contains a label that identifies the product as a drug
6as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
7label includes:
8        (A) A "Drug Facts" panel; or
9        (B) A statement of the "active ingredient(s)" with a
10    list of those ingredients contained in the compound,
11    substance or preparation.
12    Beginning on the effective date of this amendatory Act of
13the 98th General Assembly, "prescription and nonprescription
14medicines and drugs" includes medical cannabis purchased from a
15registered dispensing organization under the Compassionate Use
16of Medical Cannabis Program Act.
17    As used in this Section, "adult use cannabis" means
18cannabis subject to tax under the Cannabis Cultivation
19Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
20does not include cannabis subject to tax under the
21Compassionate Use of Medical Cannabis Program Act.
22    If the property that is purchased at retail from a retailer
23is acquired outside Illinois and used outside Illinois before
24being brought to Illinois for use here and is taxable under
25this Act, the "selling price" on which the tax is computed
26shall be reduced by an amount that represents a reasonable

 

 

10100HB3840sam003- 88 -LRB101 12454 CPF 74904 a

1allowance for depreciation for the period of prior out-of-state
2use.
3(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
4101-593, eff. 12-4-19.)
 
5    Section 70-10. The Service Use Tax Act is amended by
6changing Section 3-10 as follows:
 
7    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
8    Sec. 3-10. Rate of tax. Unless otherwise provided in this
9Section, the tax imposed by this Act is at the rate of 6.25% of
10the selling price of tangible personal property transferred as
11an incident to the sale of service, but, for the purpose of
12computing this tax, in no event shall the selling price be less
13than the cost price of the property to the serviceman.
14    Beginning on July 1, 2000 and through December 31, 2000,
15with respect to motor fuel, as defined in Section 1.1 of the
16Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
17the Use Tax Act, the tax is imposed at the rate of 1.25%.
18    With respect to gasohol, as defined in the Use Tax Act, the
19tax imposed by this Act applies to (i) 70% of the selling price
20of property transferred as an incident to the sale of service
21on or after January 1, 1990, and before July 1, 2003, (ii) 80%
22of the selling price of property transferred as an incident to
23the sale of service on or after July 1, 2003 and on or before
24July 1, 2017, and (iii) 100% of the selling price thereafter.

 

 

10100HB3840sam003- 89 -LRB101 12454 CPF 74904 a

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

 

 

10100HB3840sam003- 90 -LRB101 12454 CPF 74904 a

1of property transferred as an incident to the sale of service
2on or after July 1, 2003 and on or before December 31, 2023 but
3applies to 100% of the selling price thereafter.
4    At the election of any registered serviceman made for each
5fiscal year, sales of service in which the aggregate annual
6cost price of tangible personal property transferred as an
7incident to the sales of service is less than 35%, or 75% in
8the case of servicemen transferring prescription drugs or
9servicemen engaged in graphic arts production, of the aggregate
10annual total gross receipts from all sales of service, the tax
11imposed by this Act shall be based on the serviceman's cost
12price of the tangible personal property transferred as an
13incident to the sale of those services.
14    The tax shall be imposed at the rate of 1% on food prepared
15for immediate consumption and transferred incident to a sale of
16service subject to this Act or the Service Occupation Tax Act
17by an entity licensed under the Hospital Licensing Act, the
18Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
19Act, the Specialized Mental Health Rehabilitation Act of 2013,
20or the Child Care Act of 1969. The tax shall also be imposed at
21the rate of 1% on food for human consumption that is to be
22consumed off the premises where it is sold (other than
23alcoholic beverages, food consisting of or infused with adult
24use cannabis, soft drinks, and food that has been prepared for
25immediate consumption and is not otherwise included in this
26paragraph) and prescription and nonprescription medicines,

 

 

10100HB3840sam003- 91 -LRB101 12454 CPF 74904 a

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

 

 

10100HB3840sam003- 92 -LRB101 12454 CPF 74904 a

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

 

 

10100HB3840sam003- 93 -LRB101 12454 CPF 74904 a

1shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
2lotions and screens, unless those products are available by
3prescription only, regardless of whether the products meet the
4definition of "over-the-counter-drugs". For the purposes of
5this paragraph, "over-the-counter-drug" means a drug for human
6use that contains a label that identifies the product as a drug
7as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
8label includes:
9        (A) A "Drug Facts" panel; or
10        (B) A statement of the "active ingredient(s)" with a
11    list of those ingredients contained in the compound,
12    substance or preparation.
13    Beginning on January 1, 2014 (the effective date of Public
14Act 98-122), "prescription and nonprescription medicines and
15drugs" includes medical cannabis purchased from a registered
16dispensing organization under the Compassionate Use of Medical
17Cannabis Program Act.
18    As used in this Section, "adult use cannabis" means
19cannabis subject to tax under the Cannabis Cultivation
20Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
21does not include cannabis subject to tax under the
22Compassionate Use of Medical Cannabis Program Act.
23    If the property that is acquired from a serviceman is
24acquired outside Illinois and used outside Illinois before
25being brought to Illinois for use here and is taxable under
26this Act, the "selling price" on which the tax is computed

 

 

10100HB3840sam003- 94 -LRB101 12454 CPF 74904 a

1shall be reduced by an amount that represents a reasonable
2allowance for depreciation for the period of prior out-of-state
3use.
4(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
5101-593, eff. 12-4-19.)
 
6    Section 70-15. The Service Occupation Tax Act is amended by
7changing Section 3-10 as follows:
 
8    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
9    Sec. 3-10. Rate of tax. Unless otherwise provided in this
10Section, the tax imposed by this Act is at the rate of 6.25% of
11the "selling price", as defined in Section 2 of the Service Use
12Tax Act, of the tangible personal property. For the purpose of
13computing this tax, in no event shall the "selling price" be
14less than the cost price to the serviceman of the tangible
15personal property transferred. The selling price of each item
16of tangible personal property transferred as an incident of a
17sale of service may be shown as a distinct and separate item on
18the serviceman's billing to the service customer. If the
19selling price is not so shown, the selling price of the
20tangible personal property is deemed to be 50% of the
21serviceman's entire billing to the service customer. When,
22however, a serviceman contracts to design, develop, and produce
23special order machinery or equipment, the tax imposed by this
24Act shall be based on the serviceman's cost price of the

 

 

10100HB3840sam003- 95 -LRB101 12454 CPF 74904 a

1tangible personal property transferred incident to the
2completion of the contract.
3    Beginning on July 1, 2000 and through December 31, 2000,
4with respect to motor fuel, as defined in Section 1.1 of the
5Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
6the Use Tax Act, the tax is imposed at the rate of 1.25%.
7    With respect to gasohol, as defined in the Use Tax Act, the
8tax imposed by this Act shall apply to (i) 70% of the cost
9price of property transferred as an incident to the sale of
10service on or after January 1, 1990, and before July 1, 2003,
11(ii) 80% of the selling price of property transferred as an
12incident to the sale of service on or after July 1, 2003 and on
13or before July 1, 2017, and (iii) 100% of the cost price
14thereafter. If, at any time, however, the tax under this Act on
15sales of gasohol, as defined in the Use Tax Act, is imposed at
16the rate of 1.25%, then the tax imposed by this Act applies to
17100% of the proceeds of sales of gasohol made during that time.
18    With respect to majority blended ethanol fuel, as defined
19in the Use Tax Act, the tax imposed by this Act does not apply
20to the selling price of property transferred as an incident to
21the sale of service on or after July 1, 2003 and on or before
22December 31, 2023 but applies to 100% of the selling price
23thereafter.
24    With respect to biodiesel blends, as defined in the Use Tax
25Act, with no less than 1% and no more than 10% biodiesel, the
26tax imposed by this Act applies to (i) 80% of the selling price

 

 

10100HB3840sam003- 96 -LRB101 12454 CPF 74904 a

1of property transferred as an incident to the sale of service
2on or after July 1, 2003 and on or before December 31, 2018 and
3(ii) 100% of the proceeds of the selling price thereafter. If,
4at any time, however, the tax under this Act on sales of
5biodiesel blends, as defined in the Use Tax Act, with no less
6than 1% and no more than 10% biodiesel is imposed at the rate
7of 1.25%, then the tax imposed by this Act applies to 100% of
8the proceeds of sales of biodiesel blends with no less than 1%
9and no more than 10% biodiesel made during that time.
10    With respect to 100% biodiesel, as defined in the Use Tax
11Act, and biodiesel blends, as defined in the Use Tax Act, with
12more than 10% but no more than 99% biodiesel material, the tax
13imposed by this Act does not apply to the proceeds of the
14selling price of property transferred as an incident to the
15sale of service on or after July 1, 2003 and on or before
16December 31, 2023 but applies to 100% of the selling price
17thereafter.
18    At the election of any registered serviceman made for each
19fiscal year, sales of service in which the aggregate annual
20cost price of tangible personal property transferred as an
21incident to the sales of service is less than 35%, or 75% in
22the case of servicemen transferring prescription drugs or
23servicemen engaged in graphic arts production, of the aggregate
24annual total gross receipts from all sales of service, the tax
25imposed by this Act shall be based on the serviceman's cost
26price of the tangible personal property transferred incident to

 

 

10100HB3840sam003- 97 -LRB101 12454 CPF 74904 a

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

 

 

10100HB3840sam003- 98 -LRB101 12454 CPF 74904 a

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

 

 

10100HB3840sam003- 99 -LRB101 12454 CPF 74904 a

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

 

 

10100HB3840sam003- 100 -LRB101 12454 CPF 74904 a

1    Beginning on January 1, 2014 (the effective date of Public
2Act 98-122), "prescription and nonprescription medicines and
3drugs" includes medical cannabis purchased from a registered
4dispensing organization under the Compassionate Use of Medical
5Cannabis Program Act.
6    As used in this Section, "adult use cannabis" means
7cannabis subject to tax under the Cannabis Cultivation
8Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
9does not include cannabis subject to tax under the
10Compassionate Use of Medical Cannabis Program Act.
11(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
12101-593, eff. 12-4-19.)
 
13    Section 70-20. The Retailers' Occupation Tax Act is amended
14by changing Section 2-10 as follows:
 
15    (35 ILCS 120/2-10)
16    Sec. 2-10. Rate of tax. Unless otherwise provided in this
17Section, the tax imposed by this Act is at the rate of 6.25% of
18gross receipts from sales of tangible personal property made in
19the course of business.
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

 

 

10100HB3840sam003- 101 -LRB101 12454 CPF 74904 a

1respect to sales tax holiday items as defined in Section 2-8 of
2this Act, the tax is imposed at the rate of 1.25%.
3    Within 14 days after the effective date of this amendatory
4Act of the 91st General Assembly, each retailer of motor fuel
5and gasohol shall cause the following notice to be posted in a
6prominently visible place on each retail dispensing device that
7is used to dispense motor fuel or gasohol in the State of
8Illinois: "As of July 1, 2000, the State of Illinois has
9eliminated the State's share of sales tax on motor fuel and
10gasohol through December 31, 2000. The price on this pump
11should reflect the elimination of the tax." The notice shall be
12printed in bold print on a sign that is no smaller than 4
13inches by 8 inches. The sign shall be clearly visible to
14customers. Any retailer who fails to post or maintain a
15required sign through December 31, 2000 is guilty of a petty
16offense for which the fine shall be $500 per day per each
17retail premises where a violation occurs.
18    With respect to gasohol, as defined in the Use Tax Act, the
19tax imposed by this Act applies to (i) 70% of the proceeds of
20sales made on or after January 1, 1990, and before July 1,
212003, (ii) 80% of the proceeds of sales made on or after July
221, 2003 and on or before July 1, 2017, and (iii) 100% of the
23proceeds of sales made thereafter. If, at any time, however,
24the tax under this Act on sales of gasohol, as defined in the
25Use Tax Act, is imposed at the rate of 1.25%, then the tax
26imposed by this Act applies to 100% of the proceeds of sales of

 

 

10100HB3840sam003- 102 -LRB101 12454 CPF 74904 a

1gasohol made during that time.
2    With respect to majority blended ethanol fuel, as defined
3in the Use Tax Act, the tax imposed by this Act does not apply
4to the proceeds of sales made on or after July 1, 2003 and on or
5before December 31, 2023 but applies to 100% of the proceeds of
6sales made thereafter.
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 proceeds of
10sales made on or after July 1, 2003 and on or before December
1131, 2018 and (ii) 100% of the proceeds of sales made
12thereafter. If, at any time, however, the tax under this Act on
13sales of biodiesel blends, as defined in the Use Tax Act, with
14no less than 1% and no more than 10% biodiesel is imposed at
15the rate of 1.25%, then the tax imposed by this Act applies to
16100% of the proceeds of sales of biodiesel blends with no less
17than 1% and no more than 10% biodiesel made during that time.
18    With respect to 100% biodiesel, as defined in the Use Tax
19Act, and biodiesel blends, as defined in the Use Tax Act, with
20more than 10% but no more than 99% biodiesel, the tax imposed
21by this Act does not apply to the proceeds of sales made on or
22after July 1, 2003 and on or before December 31, 2023 but
23applies to 100% of the proceeds of sales made thereafter.
24    With respect to food for human consumption that is to be
25consumed off the premises where it is sold (other than
26alcoholic beverages, food consisting of or infused with adult

 

 

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1use cannabis, soft drinks, and food that has been prepared for
2immediate consumption) and prescription and nonprescription
3medicines, drugs, medical appliances, products classified as
4Class III medical devices by the United States Food and Drug
5Administration that are used for cancer treatment pursuant to a
6prescription, as well as any accessories and components related
7to those devices, modifications to a motor vehicle for the
8purpose of rendering it usable by a person with a disability,
9and insulin, blood sugar urine testing materials, syringes, and
10needles used by human diabetics, for human use, the tax is
11imposed at the rate of 1%. For the purposes of this Section,
12until September 1, 2009: the term "soft drinks" means any
13complete, finished, ready-to-use, non-alcoholic drink, whether
14carbonated or not, including but not limited to soda water,
15cola, fruit juice, vegetable juice, carbonated water, and all
16other preparations commonly known as soft drinks of whatever
17kind or description that are contained in any closed or sealed
18bottle, can, carton, or container, regardless of size; but
19"soft drinks" does not include coffee, tea, non-carbonated
20water, infant formula, milk or milk products as defined in the
21Grade A Pasteurized Milk and Milk Products Act, or drinks
22containing 50% or more natural fruit or vegetable juice.
23    Notwithstanding any other provisions of this Act,
24beginning September 1, 2009, "soft drinks" means non-alcoholic
25beverages that contain natural or artificial sweeteners. "Soft
26drinks" do not include beverages that contain milk or milk

 

 

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1products, soy, rice or similar milk substitutes, or greater
2than 50% of vegetable or fruit juice by volume.
3    Until August 1, 2009, and notwithstanding any other
4provisions of this Act, "food for human consumption that is to
5be consumed off the premises where it is sold" includes all
6food sold through a vending machine, except soft drinks and
7food products that are dispensed hot from a vending machine,
8regardless of the location of the vending machine. Beginning
9August 1, 2009, and notwithstanding any other provisions of
10this Act, "food for human consumption that is to be consumed
11off the premises where it is sold" includes all food sold
12through a vending machine, except soft drinks, candy, and food
13products that are dispensed hot from a vending machine,
14regardless of the location of the vending machine.
15    Notwithstanding any other provisions of this Act,
16beginning September 1, 2009, "food for human consumption that
17is to be consumed off the premises where it is sold" does not
18include candy. For purposes of this Section, "candy" means a
19preparation of sugar, honey, or other natural or artificial
20sweeteners in combination with chocolate, fruits, nuts or other
21ingredients or flavorings in the form of bars, drops, or
22pieces. "Candy" does not include any preparation that contains
23flour or requires refrigeration.
24    Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "nonprescription medicines and
26drugs" does not include grooming and hygiene products. For

 

 

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1purposes of this Section, "grooming and hygiene products"
2includes, but is not limited to, soaps and cleaning solutions,
3shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
4lotions and screens, unless those products are available by
5prescription only, regardless of whether the products meet the
6definition of "over-the-counter-drugs". For the purposes of
7this paragraph, "over-the-counter-drug" means a drug for human
8use that contains a label that identifies the product as a drug
9as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
10label includes:
11        (A) A "Drug Facts" panel; or
12        (B) A statement of the "active ingredient(s)" with a
13    list of those ingredients contained in the compound,
14    substance or preparation.
15    Beginning on the effective date of this amendatory Act of
16the 98th General Assembly, "prescription and nonprescription
17medicines and drugs" includes medical cannabis purchased from a
18registered dispensing organization under the Compassionate Use
19of Medical Cannabis Program Act.
20    As used in this Section, "adult use cannabis" means
21cannabis subject to tax under the Cannabis Cultivation
22Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
23does not include cannabis subject to tax under the
24Compassionate Use of Medical Cannabis Program Act.
25(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
26101-593, eff. 12-4-19.)
 

 

 

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1
Article 72.

 
2    Section 72-1. Short title. This Article may be cited as the
3Underlying Causes of Crime and Violence Study Act.
 
4    Section 72-5. Legislative findings. In the State of
5Illinois, two-thirds of gun violence is related to suicide, and
6one-third is related to homicide, claiming approximately
712,000 lives a year. Violence has plagued communities,
8predominantly poor and distressed communities in urban
9settings, which have always treated violence as a criminal
10justice issue, instead of a public health issue. On February
1121, 2018, Pastor Anthony Williams was informed that his son,
12Nehemiah William, had been shot to death. Due to this
13disheartening event, Pastor Anthony Williams reached out to
14State Representative Elizabeth "Lisa" Hernandez, urging that
15the issue of violence be treated as a disease. In 2018, elected
16officials from all levels of government started a coalition to
17address violence as a disease, with the assistance of
18faith-based organizations, advocates, and community members
19and held a statewide listening tour from August 2018 to April
202019. The listening tour consisted of stops on the South Side
21and West Side of Chicago, Maywood, Springfield, and East St.
22Louis, with a future scheduled visit in Danville. During the
23statewide listening sessions, community members actively

 

 

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1discussed neighborhood safety, defining violence and how and
2why violence occurs in their communities. The listening
3sessions provided different solutions to address violence,
4however, all sessions confirmed a disconnect from the
5priorities of government and the needs of these communities.
 
6    Section 72-10. Study. The Department of Public Health and
7the Department of Human Services shall study how to create a
8process to identify high violence communities, also known as R3
9(Restore, Reinvest, and Renew) areas, and prioritize State
10dollars to go to these communities to fund programs as well as
11community and economic development projects that would address
12the underlying causes of crime and violence.
13    Due to a variety of reasons, including in particular the
14State's budget impasse, funds were unavailable to establish
15such a comprehensive policy. Policies like R3 are needed in
16order to provide communities that have historically suffered
17from divestment, poverty, and incarceration with smart
18solutions that can solve the plague of violence. It is clear
19that violence is a public health problem that needs to be
20treated as such, a disease. Research has shown that when
21violence is treated in such a way, then its effects can be
22slowed or even halted.
 
23    Section 72-15. Report. The Department of Public Health and
24the Department of Human Services are required to report their

 

 

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1findings to the General Assembly by December 31, 2021.
 
2
Article 75.

 
3    Section 75-5. The Illinois Public Aid Code is amended by
4changing Section 9A-11 as follows:
 
5    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
6    Sec. 9A-11. Child care.
7    (a) The General Assembly recognizes that families with
8children need child care in order to work. Child care is
9expensive and families with low incomes, including those who
10are transitioning from welfare to work, often struggle to pay
11the costs of day care. The General Assembly understands the
12importance of helping low-income working families become and
13remain self-sufficient. The General Assembly also believes
14that it is the responsibility of families to share in the costs
15of child care. It is also the preference of the General
16Assembly that all working poor families should be treated
17equally, regardless of their welfare status.
18    (b) To the extent resources permit, the Illinois Department
19shall provide child care services to parents or other relatives
20as defined by rule who are working or participating in
21employment or Department approved education or training
22programs. At a minimum, the Illinois Department shall cover the
23following categories of families:

 

 

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1        (1) recipients of TANF under Article IV participating
2    in work and training activities as specified in the
3    personal plan for employment and self-sufficiency;
4        (2) families transitioning from TANF to work;
5        (3) families at risk of becoming recipients of TANF;
6        (4) families with special needs as defined by rule;
7        (5) working families with very low incomes as defined
8    by rule;
9        (6) families that are not recipients of TANF and that
10    need child care assistance to participate in education and
11    training activities; and
12        (7) families with children under the age of 5 who have
13    an open intact family services case with the Department of
14    Children and Family Services. Any family that receives
15    child care assistance in accordance with this paragraph
16    shall remain eligible for child care assistance 6 months
17    after the child's intact family services case is closed,
18    regardless of whether the child's parents or other
19    relatives as defined by rule are working or participating
20    in Department approved employment or education or training
21    programs. The Department of Human Services, in
22    consultation with the Department of Children and Family
23    Services, shall adopt rules to protect the privacy of
24    families who are the subject of an open intact family
25    services case when such families enroll in child care
26    services. Additional rules shall be adopted to offer

 

 

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1    children who have an open intact family services case the
2    opportunity to receive an Early Intervention screening and
3    other services that their families may be eligible for as
4    provided by the Department of Human Services.
5    The Department shall specify by rule the conditions of
6eligibility, the application process, and the types, amounts,
7and duration of services. Eligibility for child care benefits
8and the amount of child care provided may vary based on family
9size, income, and other factors as specified by rule.
10    The Department shall update the Child Care Assistance
11Program Eligibility Calculator posted on its website to include
12a question on whether a family is applying for child care
13assistance for the first time or is applying for a
14redetermination of eligibility.
15    A family's eligibility for child care services shall be
16redetermined no sooner than 12 months following the initial
17determination or most recent redetermination. During the
1812-month periods, the family shall remain eligible for child
19care services regardless of (i) a change in family income,
20unless family income exceeds 85% of State median income, or
21(ii) a temporary change in the ongoing status of the parents or
22other relatives, as defined by rule, as working or attending a
23job training or educational program.
24    In determining income eligibility for child care benefits,
25the Department annually, at the beginning of each fiscal year,
26shall establish, by rule, one income threshold for each family

 

 

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1size, in relation to percentage of State median income for a
2family of that size, that makes families with incomes below the
3specified threshold eligible for assistance and families with
4incomes above the specified threshold ineligible for
5assistance. Through and including fiscal year 2007, the
6specified threshold must be no less than 50% of the
7then-current State median income for each family size.
8Beginning in fiscal year 2008, the specified threshold must be
9no less than 185% of the then-current federal poverty level for
10each family size. Notwithstanding any other provision of law or
11administrative rule to the contrary, beginning in fiscal year
122019, the specified threshold for working families with very
13low incomes as defined by rule must be no less than 185% of the
14then-current federal poverty level for each family size.
15    In determining eligibility for assistance, the Department
16shall not give preference to any category of recipients or give
17preference to individuals based on their receipt of benefits
18under this Code.
19    Nothing in this Section shall be construed as conferring
20entitlement status to eligible families.
21    The Illinois Department is authorized to lower income
22eligibility ceilings, raise parent co-payments, create waiting
23lists, or take such other actions during a fiscal year as are
24necessary to ensure that child care benefits paid under this
25Article do not exceed the amounts appropriated for those child
26care benefits. These changes may be accomplished by emergency

 

 

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1rule under Section 5-45 of the Illinois Administrative
2Procedure Act, except that the limitation on the number of
3emergency rules that may be adopted in a 24-month period shall
4not apply.
5    The Illinois Department may contract with other State
6agencies or child care organizations for the administration of
7child care services.
8    (c) Payment shall be made for child care that otherwise
9meets the requirements of this Section and applicable standards
10of State and local law and regulation, including any
11requirements the Illinois Department promulgates by rule in
12addition to the licensure requirements promulgated by the
13Department of Children and Family Services and Fire Prevention
14and Safety requirements promulgated by the Office of the State
15Fire Marshal, and is provided in any of the following:
16        (1) a child care center which is licensed or exempt
17    from licensure pursuant to Section 2.09 of the Child Care
18    Act of 1969;
19        (2) a licensed child care home or home exempt from
20    licensing;
21        (3) a licensed group child care home;
22        (4) other types of child care, including child care
23    provided by relatives or persons living in the same home as
24    the child, as determined by the Illinois Department by
25    rule.
26    (c-5) Solely for the purposes of coverage under the

 

 

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1Illinois Public Labor Relations Act, child and day care home
2providers, including licensed and license exempt,
3participating in the Department's child care assistance
4program shall be considered to be public employees and the
5State of Illinois shall be considered to be their employer as
6of January 1, 2006 (the effective date of Public Act 94-320),
7but not before. The State shall engage in collective bargaining
8with an exclusive representative of child and day care home
9providers participating in the child care assistance program
10concerning their terms and conditions of employment that are
11within the State's control. Nothing in this subsection shall be
12understood to limit the right of families receiving services
13defined in this Section to select child and day care home
14providers or supervise them within the limits of this Section.
15The State shall not be considered to be the employer of child
16and day care home providers for any purposes not specifically
17provided in Public Act 94-320, including, but not limited to,
18purposes of vicarious liability in tort and purposes of
19statutory retirement or health insurance benefits. Child and
20day care home providers shall not be covered by the State
21Employees Group Insurance Act of 1971.
22    In according child and day care home providers and their
23selected representative rights under the Illinois Public Labor
24Relations Act, the State intends that the State action
25exemption to application of federal and State antitrust laws be
26fully available to the extent that their activities are

 

 

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1authorized by Public Act 94-320.
2    (d) The Illinois Department shall establish, by rule, a
3co-payment scale that provides for cost sharing by families
4that receive child care services, including parents whose only
5income is from assistance under this Code. The co-payment shall
6be based on family income and family size and may be based on
7other factors as appropriate. Co-payments may be waived for
8families whose incomes are at or below the federal poverty
9level.
10    (d-5) The Illinois Department, in consultation with its
11Child Care and Development Advisory Council, shall develop a
12plan to revise the child care assistance program's co-payment
13scale. The plan shall be completed no later than February 1,
142008, and shall include:
15        (1) findings as to the percentage of income that the
16    average American family spends on child care and the
17    relative amounts that low-income families and the average
18    American family spend on other necessities of life;
19        (2) recommendations for revising the child care
20    co-payment scale to assure that families receiving child
21    care services from the Department are paying no more than
22    they can reasonably afford;
23        (3) recommendations for revising the child care
24    co-payment scale to provide at-risk children with complete
25    access to Preschool for All and Head Start; and
26        (4) recommendations for changes in child care program

 

 

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1    policies that affect the affordability of child care.
2    (e) (Blank).
3    (f) The Illinois Department shall, by rule, set rates to be
4paid for the various types of child care. Child care may be
5provided through one of the following methods:
6        (1) arranging the child care through eligible
7    providers by use of purchase of service contracts or
8    vouchers;
9        (2) arranging with other agencies and community
10    volunteer groups for non-reimbursed child care;
11        (3) (blank); or
12        (4) adopting such other arrangements as the Department
13    determines appropriate.
14    (f-1) Within 30 days after June 4, 2018 (the effective date
15of Public Act 100-587), the Department of Human Services shall
16establish rates for child care providers that are no less than
17the rates in effect on January 1, 2018 increased by 4.26%.
18    (f-5) (Blank).
19    (g) Families eligible for assistance under this Section
20shall be given the following options:
21        (1) receiving a child care certificate issued by the
22    Department or a subcontractor of the Department that may be
23    used by the parents as payment for child care and
24    development services only; or
25        (2) if space is available, enrolling the child with a
26    child care provider that has a purchase of service contract

 

 

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1    with the Department or a subcontractor of the Department
2    for the provision of child care and development services.
3    The Department may identify particular priority
4    populations for whom they may request special
5    consideration by a provider with purchase of service
6    contracts, provided that the providers shall be permitted
7    to maintain a balance of clients in terms of household
8    incomes and families and children with special needs, as
9    defined by rule.
10(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
11100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
128-17-18; 101-81, eff. 7-12-19.)
 
13
Article 80.

 
14    Section 80-5. The Employee Sick Leave Act is amended by
15changing Sections 5 and 10 as follows:
 
16    (820 ILCS 191/5)
17    Sec. 5. Definitions. In this Act:
18    "Covered family member" means an employee's child,
19stepchild, spouse, domestic partner, sibling, parent,
20mother-in-law, father-in-law, grandchild, grandparent, or
21stepparent.
22    "Department" means the Department of Labor.
23    "Personal care" means activities to ensure that a covered

 

 

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1family member's basic medical, hygiene, nutritional, or safety
2needs are met, or to provide transportation to medical
3appointments, for a covered family member who is unable to meet
4those needs himself or herself. "Personal care" also means
5being physically present to provide emotional support to a
6covered family member with a serious health condition who is
7receiving inpatient or home care.
8    "Personal sick leave benefits" means any paid or unpaid
9time available to an employee as provided through an employment
10benefit plan or paid time off policy to be used as a result of
11absence from work due to personal illness, injury, or medical
12appointment or for personal care of a covered family member. An
13employment benefit plan or paid time off policy does not
14include long term disability, short term disability, an
15insurance policy, or other comparable benefit plan or policy.
16(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
17    (820 ILCS 191/10)
18    Sec. 10. Use of leave; limitations.
19    (a) An employee may use personal sick leave benefits
20provided by the employer for absences due to an illness,
21injury, or medical appointment of the employee's child,
22stepchild, spouse, domestic partner, sibling, parent,
23mother-in-law, father-in-law, grandchild, grandparent, or
24stepparent, or for personal care of a covered family member on
25the same terms upon which the employee is able to use personal

 

 

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1sick leave benefits for the employee's own illness or injury.
2An employer may request written verification of the employee's
3absence from a health care professional if such verification is
4required under the employer's employment benefit plan or paid
5time off policy.
6    (b) An employer may limit the use of personal sick leave
7benefits provided by the employer for absences due to an
8illness, injury, or medical appointment of the employee's
9child, stepchild, spouse, domestic partner, sibling, parent,
10mother-in-law, father-in-law, grandchild, grandparent, or
11stepparent to an amount not less than the personal sick leave
12that would be earned or accrued during 6 months at the
13employee's then current rate of entitlement. For employers who
14base personal sick leave benefits on an employee's years of
15service instead of annual or monthly accrual, such employer may
16limit the amount of sick leave to be used under this Act to
17half of the employee's maximum annual grant.
18    (c) An employer who provides personal sick leave benefits
19or a paid time off policy that would otherwise provide benefits
20as required under subsections (a) and (b) shall not be required
21to modify such benefits.
22(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
23
Article 90.

 
24    Section 90-5. The Nursing Home Care Act is amended by

 

 

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1adding Section 3-206.06 as follows:
 
2    (210 ILCS 45/3-206.06 new)
3    Sec. 3-206.06. Testing for Legionella bacteria. A facility
4shall develop a policy for testing its water supply for
5Legionella bacteria. The policy shall include the frequency
6with which testing is conducted. The policy and the results of
7any tests shall be made available to the Department upon
8request.
 
9    Section 90-10. The Hospital Licensing Act is amended by
10adding Section 6.29 as follows:
 
11    (210 ILCS 85/6.29 new)
12    Sec. 6.29. Testing for Legionella bacteria. A hospital
13shall develop a policy for testing its water supply for
14Legionella bacteria. The policy shall include the frequency
15with which testing is conducted. The policy and the results of
16any tests shall be made available to the Department upon
17request.
 
18
Article 95.

 
19    Section 95-5. The Child Care Act of 1969 is amended by
20changing Section 7 as follows:
 

 

 

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1    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
2    Sec. 7. (a) The Department must prescribe and publish
3minimum standards for licensing that apply to the various types
4of facilities for child care defined in this Act and that are
5equally applicable to like institutions under the control of
6the Department and to foster family homes used by and under the
7direct supervision of the Department. The Department shall seek
8the advice and assistance of persons representative of the
9various types of child care facilities in establishing such
10standards. The standards prescribed and published under this
11Act take effect as provided in the Illinois Administrative
12Procedure Act, and are restricted to regulations pertaining to
13the following matters and to any rules and regulations required
14or permitted by any other Section of this Act:
15        (1) The operation and conduct of the facility and
16    responsibility it assumes for child care;
17        (2) The character, suitability and qualifications of
18    the applicant and other persons directly responsible for
19    the care and welfare of children served. All child day care
20    center licensees and employees who are required to report
21    child abuse or neglect under the Abused and Neglected Child
22    Reporting Act shall be required to attend training on
23    recognizing child abuse and neglect, as prescribed by
24    Department rules;
25        (3) The general financial ability and competence of the
26    applicant to provide necessary care for children and to

 

 

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1    maintain prescribed standards;
2        (4) The number of individuals or staff required to
3    insure adequate supervision and care of the children
4    received. The standards shall provide that each child care
5    institution, maternity center, day care center, group
6    home, day care home, and group day care home shall have on
7    its premises during its hours of operation at least one
8    staff member certified in first aid, in the Heimlich
9    maneuver and in cardiopulmonary resuscitation by the
10    American Red Cross or other organization approved by rule
11    of the Department. Child welfare agencies shall not be
12    subject to such a staffing requirement. The Department may
13    offer, or arrange for the offering, on a periodic basis in
14    each community in this State in cooperation with the
15    American Red Cross, the American Heart Association or other
16    appropriate organization, voluntary programs to train
17    operators of foster family homes and day care homes in
18    first aid and cardiopulmonary resuscitation;
19        (5) The appropriateness, safety, cleanliness, and
20    general adequacy of the premises, including maintenance of
21    adequate fire prevention and health standards conforming
22    to State laws and municipal codes to provide for the
23    physical comfort, care, and well-being of children
24    received;
25        (6) Provisions for food, clothing, educational
26    opportunities, program, equipment and individual supplies

 

 

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1    to assure the healthy physical, mental, and spiritual
2    development of children served;
3        (7) Provisions to safeguard the legal rights of
4    children served;
5        (8) Maintenance of records pertaining to the
6    admission, progress, health, and discharge of children,
7    including, for day care centers and day care homes, records
8    indicating each child has been immunized as required by
9    State regulations. The Department shall require proof that
10    children enrolled in a facility have been immunized against
11    Haemophilus Influenzae B (HIB);
12        (9) Filing of reports with the Department;
13        (10) Discipline of children;
14        (11) Protection and fostering of the particular
15    religious faith of the children served;
16        (12) Provisions prohibiting firearms on day care
17    center premises except in the possession of peace officers;
18        (13) Provisions prohibiting handguns on day care home
19    premises except in the possession of peace officers or
20    other adults who must possess a handgun as a condition of
21    employment and who reside on the premises of a day care
22    home;
23        (14) Provisions requiring that any firearm permitted
24    on day care home premises, except handguns in the
25    possession of peace officers, shall be kept in a
26    disassembled state, without ammunition, in locked storage,

 

 

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1    inaccessible to children and that ammunition permitted on
2    day care home premises shall be kept in locked storage
3    separate from that of disassembled firearms, inaccessible
4    to children;
5        (15) Provisions requiring notification of parents or
6    guardians enrolling children at a day care home of the
7    presence in the day care home of any firearms and
8    ammunition and of the arrangements for the separate, locked
9    storage of such firearms and ammunition;
10        (16) Provisions requiring all licensed child care
11    facility employees who care for newborns and infants to
12    complete training every 3 years on the nature of sudden
13    unexpected infant death (SUID), sudden infant death
14    syndrome (SIDS), and the safe sleep recommendations of the
15    American Academy of Pediatrics; and
16        (17) With respect to foster family homes, provisions
17    requiring the Department to review quality of care concerns
18    and to consider those concerns in determining whether a
19    foster family home is qualified to care for children.
20    By July 1, 2022, all licensed day care home providers,
21licensed group day care home providers, and licensed day care
22center directors and classroom staff shall participate in at
23least one training that includes the topics of early childhood
24social emotional learning, infant and early childhood mental
25health, early childhood trauma, or adverse childhood
26experiences. Current licensed providers, directors, and

 

 

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1classroom staff shall complete training by July 1, 2022 and
2shall participate in training that includes the above topics at
3least once every 3 years.
4    (b) If, in a facility for general child care, there are
5children diagnosed as mentally ill or children diagnosed as
6having an intellectual or physical disability, who are
7determined to be in need of special mental treatment or of
8nursing care, or both mental treatment and nursing care, the
9Department shall seek the advice and recommendation of the
10Department of Human Services, the Department of Public Health,
11or both Departments regarding the residential treatment and
12nursing care provided by the institution.
13    (c) The Department shall investigate any person applying to
14be licensed as a foster parent to determine whether there is
15any evidence of current drug or alcohol abuse in the
16prospective foster family. The Department shall not license a
17person as a foster parent if drug or alcohol abuse has been
18identified in the foster family or if a reasonable suspicion of
19such abuse exists, except that the Department may grant a
20foster parent license to an applicant identified with an
21alcohol or drug problem if the applicant has successfully
22participated in an alcohol or drug treatment program, self-help
23group, or other suitable activities and if the Department
24determines that the foster family home can provide a safe,
25appropriate environment and meet the physical and emotional
26needs of children.

 

 

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1    (d) The Department, in applying standards prescribed and
2published, as herein provided, shall offer consultation
3through employed staff or other qualified persons to assist
4applicants and licensees in meeting and maintaining minimum
5requirements for a license and to help them otherwise to
6achieve programs of excellence related to the care of children
7served. Such consultation shall include providing information
8concerning education and training in early childhood
9development to providers of day care home services. The
10Department may provide or arrange for such education and
11training for those providers who request such assistance.
12    (e) The Department shall distribute copies of licensing
13standards to all licensees and applicants for a license. Each
14licensee or holder of a permit shall distribute copies of the
15appropriate licensing standards and any other information
16required by the Department to child care facilities under its
17supervision. Each licensee or holder of a permit shall maintain
18appropriate documentation of the distribution of the
19standards. Such documentation shall be part of the records of
20the facility and subject to inspection by authorized
21representatives of the Department.
22    (f) The Department shall prepare summaries of day care
23licensing standards. Each licensee or holder of a permit for a
24day care facility shall distribute a copy of the appropriate
25summary and any other information required by the Department,
26to the legal guardian of each child cared for in that facility

 

 

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1at the time when the child is enrolled or initially placed in
2the facility. The licensee or holder of a permit for a day care
3facility shall secure appropriate documentation of the
4distribution of the summary and brochure. Such documentation
5shall be a part of the records of the facility and subject to
6inspection by an authorized representative of the Department.
7    (g) The Department shall distribute to each licensee and
8holder of a permit copies of the licensing or permit standards
9applicable to such person's facility. Each licensee or holder
10of a permit shall make available by posting at all times in a
11common or otherwise accessible area a complete and current set
12of licensing standards in order that all employees of the
13facility may have unrestricted access to such standards. All
14employees of the facility shall have reviewed the standards and
15any subsequent changes. Each licensee or holder of a permit
16shall maintain appropriate documentation of the current review
17of licensing standards by all employees. Such records shall be
18part of the records of the facility and subject to inspection
19by authorized representatives of the Department.
20    (h) Any standards involving physical examinations,
21immunization, or medical treatment shall include appropriate
22exemptions for children whose parents object thereto on the
23grounds that they conflict with the tenets and practices of a
24recognized church or religious organization, of which the
25parent is an adherent or member, and for children who should
26not be subjected to immunization for clinical reasons.

 

 

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1    (i) The Department, in cooperation with the Department of
2Public Health, shall work to increase immunization awareness
3and participation among parents of children enrolled in day
4care centers and day care homes by publishing on the
5Department's website information about the benefits of
6immunization against vaccine preventable diseases, including
7influenza and pertussis. The information for vaccine
8preventable diseases shall include the incidence and severity
9of the diseases, the availability of vaccines, and the
10importance of immunizing children and persons who frequently
11have close contact with children. The website content shall be
12reviewed annually in collaboration with the Department of
13Public Health to reflect the most current recommendations of
14the Advisory Committee on Immunization Practices (ACIP). The
15Department shall work with day care centers and day care homes
16licensed under this Act to ensure that the information is
17annually distributed to parents in August or September.
18    (j) Any standard adopted by the Department that requires an
19applicant for a license to operate a day care home to include a
20copy of a high school diploma or equivalent certificate with
21his or her application shall be deemed to be satisfied if the
22applicant includes a copy of a high school diploma or
23equivalent certificate or a copy of a degree from an accredited
24institution of higher education or vocational institution or
25equivalent certificate.
26(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;

 

 

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1100-201, eff. 8-18-17.)
 
2
Article 100.

 
3    Section 100-1. Short title. This Article may be cited as
4the Special Commission on Gynecologic Cancers Act.
 
5    Section 100-5. Creation; members; duties; report.    
6    (a) The Special Commission on Gynecologic Cancers is
7created. Membership of the Commission shall be as follows:
8        (1) A representative of the Illinois Comprehensive
9    Cancer Control Program, appointed by the Director of Public
10    Health;
11        (2) The Director of Insurance, or his or her designee;
12    and
13        (3) 20 members who shall be appointed as follows:
14                (A) three members appointed by the Speaker of
15        the House of Representatives, one of whom shall be a
16        survivor of ovarian cancer, one of whom shall be a
17        survivor of cervical, vaginal, vulvar, or uterine
18        cancer, and one of whom shall be a medical specialist
19        in gynecologic cancers;
20                (B) three members appointed by the Senate
21        President, one of whom shall be a survivor of ovarian
22        cancer, one of whom shall be a survivor of cervical,
23        vaginal, vulvar, or uterine cancer, and one of whom

 

 

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1        shall be a medical specialist in gynecologic cancers;
2                (C) three members appointed by the House
3        Minority Leader, one of whom shall be a survivor of
4        ovarian cancer, one of whom shall be a survivor of
5        cervical, vaginal, vulvar, or uterine cancer, and one
6        of whom shall be a medical specialist in gynecologic
7        cancers;
8                (D) three members appointed by the Senate
9        Minority Leader, one of whom shall be a survivor of
10        ovarian cancer, one of whom shall be a survivor of
11        cervical, vaginal, vulvar, or uterine cancer, and one
12        of whom shall be a medical specialist in gynecologic
13        cancers; and
14                (E) eight members appointed by the Governor,
15        one of whom shall be a caregiver of a woman diagnosed
16        with a gynecologic cancer, one of whom shall be a
17        medical specialist in gynecologic cancers, one of whom
18        shall be an individual with expertise in community
19        based health care and issues affecting underserved and
20        vulnerable populations, 2 of whom shall be individuals
21        representing gynecologic cancer awareness and support
22        groups in the State, one of whom shall be a researcher
23        specializing in gynecologic cancers, and 2 of whom
24        shall be members of the public with demonstrated
25        expertise in issues relating to the work of the
26        Commission.

 

 

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1    (b) Members of the Commission shall serve without
2compensation or reimbursement from the Commission. Members
3shall select a Chair from among themselves and the Chair shall
4set the meeting schedule.
5    (c) The Illinois Department of Public Health shall provide
6administrative support to the Commission.
7    (d) The Commission is charged with the study of the
8following:
9        (1) establishing a mechanism to ascertain the
10    prevalence of gynecologic cancers in the State and, to the
11    extent possible, to collect statistics relative to the
12    timing of diagnosis and risk factors associated with
13    gynecologic cancers;
14        (2) determining how to best effectuate early diagnosis
15    and treatment for gynecologic cancer patients;
16        (3) determining best practices for closing disparities
17    in outcomes for gynecologic cancer patients and innovative
18    approaches to reaching underserved and vulnerable
19    populations;
20        (4) determining any unmet needs of persons with
21    gynecologic cancers and those of their families; and
22        (5) providing recommendations for additional
23    legislation, support programs, and resources to meet the
24    unmet needs of persons with gynecologic cancers and their
25    families.
26    (e) The Commission shall file its final report with the

 

 

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1General Assembly no later than December 31, 2021 and, upon the
2filing of its report, is dissolved.
 
3    Section 100-90. Repeal. This Article is repealed on January
41, 2023.
 
5
Article 105.

 
6    Section 105-5. The Illinois Public Aid Code is amended by
7changing Section 5A-12.7 as follows:
 
8    (305 ILCS 5/5A-12.7)
9    (Section scheduled to be repealed on December 31, 2022)
10    Sec. 5A-12.7. Continuation of hospital access payments on
11and after July 1, 2020.
12    (a) To preserve and improve access to hospital services,
13for hospital services rendered on and after July 1, 2020, the
14Department shall, except for hospitals described in subsection
15(b) of Section 5A-3, make payments to hospitals or require
16capitated managed care organizations to make payments as set
17forth in this Section. Payments under this Section are not due
18and payable, however, until: (i) the methodologies described in
19this Section are approved by the federal government in an
20appropriate State Plan amendment or directed payment preprint;
21and (ii) the assessment imposed under this Article is
22determined to be a permissible tax under Title XIX of the

 

 

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1Social Security Act. In determining the hospital access
2payments authorized under subsection (g) of this Section, if a
3hospital ceases to qualify for payments from the pool, the
4payments for all hospitals continuing to qualify for payments
5from such pool shall be uniformly adjusted to fully expend the
6aggregate net amount of the pool, with such adjustment being
7effective on the first day of the second month following the
8date the hospital ceases to receive payments from such pool.
9    (b) Amounts moved into claims-based rates and distributed
10in accordance with Section 14-12 shall remain in those
11claims-based rates.
12    (c) Graduate medical education.
13        (1) The calculation of graduate medical education
14    payments shall be based on the hospital's Medicare cost
15    report ending in Calendar Year 2018, as reported in the
16    Healthcare Cost Report Information System file, release
17    date September 30, 2019. An Illinois hospital reporting
18    intern and resident cost on its Medicare cost report shall
19    be eligible for graduate medical education payments.
20        (2) Each hospital's annualized Medicaid Intern
21    Resident Cost is calculated using annualized intern and
22    resident total costs obtained from Worksheet B Part I,
23    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
24    96-98, and 105-112 multiplied by the percentage that the
25    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
26    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the

 

 

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1    hospital's total days (Worksheet S3 Part I, Column 8, Lines
2    14, 16-18, and 32).
3        (3) An annualized Medicaid indirect medical education
4    (IME) payment is calculated for each hospital using its IME
5    payments (Worksheet E Part A, Line 29, Column 1) multiplied
6    by the percentage that its Medicaid days (Worksheet S3 Part
7    I, Column 7, Lines 2, 3, 4, 14, 16-18, and 32) comprise of
8    its Medicare days (Worksheet S3 Part I, Column 6, Lines 2,
9    3, 4, 14, and 16-18).
10        (4) For each hospital, its annualized Medicaid Intern
11    Resident Cost and its annualized Medicaid IME payment are
12    summed, and, except as capped at 120% of the average cost
13    per intern and resident for all qualifying hospitals as
14    calculated under this paragraph, is multiplied by 22.6% to
15    determine the hospital's final graduate medical education
16    payment. Each hospital's average cost per intern and
17    resident shall be calculated by summing its total
18    annualized Medicaid Intern Resident Cost plus its
19    annualized Medicaid IME payment and dividing that amount by
20    the hospital's total Full Time Equivalent Residents and
21    Interns. If the hospital's average per intern and resident
22    cost is greater than 120% of the same calculation for all
23    qualifying hospitals, the hospital's per intern and
24    resident cost shall be capped at 120% of the average cost
25    for all qualifying hospitals.
26    (d) Fee-for-service supplemental payments. Each Illinois

 

 

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1hospital shall receive an annual payment equal to the amounts
2below, to be paid in 12 equal installments on or before the
3seventh State business day of each month, except that no
4payment shall be due within 30 days after the later of the date
5of notification of federal approval of the payment
6methodologies required under this Section or any waiver
7required under 42 CFR 433.68, at which time the sum of amounts
8required under this Section prior to the date of notification
9is due and payable.
10        (1) For critical access hospitals, $385 per covered
11    inpatient day contained in paid fee-for-service claims and
12    $530 per paid fee-for-service outpatient claim for dates of
13    service in Calendar Year 2019 in the Department's
14    Enterprise Data Warehouse as of May 11, 2020.
15        (2) For safety-net hospitals, $960 per covered
16    inpatient day contained in paid fee-for-service claims and
17    $625 per paid fee-for-service outpatient claim for dates of
18    service in Calendar Year 2019 in the Department's
19    Enterprise Data Warehouse as of May 11, 2020.
20        (3) For long term acute care hospitals, $295 per
21    covered inpatient day contained in paid fee-for-service
22    claims for dates of service in Calendar Year 2019 in the
23    Department's Enterprise Data Warehouse as of May 11, 2020.
24        (4) For freestanding psychiatric hospitals, $125 per
25    covered inpatient day contained in paid fee-for-service
26    claims and $130 per paid fee-for-service outpatient claim

 

 

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1    for dates of service in Calendar Year 2019 in the
2    Department's Enterprise Data Warehouse as of May 11, 2020.
3        (5) For freestanding rehabilitation hospitals, $355
4    per covered inpatient day contained in paid
5    fee-for-service claims for dates of service in Calendar
6    Year 2019 in the Department's Enterprise Data Warehouse as
7    of May 11, 2020.
8        (6) For all general acute care hospitals and high
9    Medicaid hospitals as defined in subsection (f), $350 per
10    covered inpatient day for dates of service in Calendar Year
11    2019 contained in paid fee-for-service claims and $620 per
12    paid fee-for-service outpatient claim in the Department's
13    Enterprise Data Warehouse as of May 11, 2020.
14        (7) Alzheimer's treatment access payment. Each
15    Illinois academic medical center or teaching hospital, as
16    defined in Section 5-5e.2 of this Code, that is identified
17    as the primary hospital affiliate of one of the Regional
18    Alzheimer's Disease Assistance Centers, as designated by
19    the Alzheimer's Disease Assistance Act and identified in
20    the Department of Public Health's Alzheimer's Disease
21    State Plan dated December 2016, shall be paid an
22    Alzheimer's treatment access payment equal to the product
23    of the qualifying hospital's State Fiscal Year 2018 total
24    inpatient fee-for-service days multiplied by the
25    applicable Alzheimer's treatment rate of $226.30 for
26    hospitals located in Cook County and $116.21 for hospitals

 

 

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1    located outside Cook County.
2    (e) The Department shall require managed care
3organizations (MCOs) to make directed payments and
4pass-through payments according to this Section. Each calendar
5year, the Department shall require MCOs to pay the maximum
6amount out of these funds as allowed as pass-through payments
7under federal regulations. The Department shall require MCOs to
8make such pass-through payments as specified in this Section.
9The Department shall require the MCOs to pay the remaining
10amounts as directed Payments as specified in this Section. The
11Department shall issue payments to the Comptroller by the
12seventh business day of each month for all MCOs that are
13sufficient for MCOs to make the directed payments and
14pass-through payments according to this Section. The
15Department shall require the MCOs to make pass-through payments
16and directed payments using electronic funds transfers (EFT),
17if the hospital provides the information necessary to process
18such EFTs, in accordance with directions provided monthly by
19the Department, within 7 business days of the date the funds
20are paid to the MCOs, as indicated by the "Paid Date" on the
21website of the Office of the Comptroller if the funds are paid
22by EFT and the MCOs have received directed payment
23instructions. If funds are not paid through the Comptroller by
24EFT, payment must be made within 7 business days of the date
25actually received by the MCO. The MCO will be considered to
26have paid the pass-through payments when the payment remittance

 

 

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1number is generated or the date the MCO sends the check to the
2hospital, if EFT information is not supplied. If an MCO is late
3in paying a pass-through payment or directed payment as
4required under this Section (including any extensions granted
5by the Department), it shall pay a penalty, unless waived by
6the Department for reasonable cause, to the Department equal to
75% of the amount of the pass-through payment or directed
8payment not paid on or before the due date plus 5% of the
9portion thereof remaining unpaid on the last day of each 30-day
10period thereafter. Payments to MCOs that would be paid
11consistent with actuarial certification and enrollment in the
12absence of the increased capitation payments under this Section
13shall not be reduced as a consequence of payments made under
14this subsection. The Department shall publish and maintain on
15its website for a period of no less than 8 calendar quarters,
16the quarterly calculation of directed payments and
17pass-through payments owed to each hospital from each MCO. All
18calculations and reports shall be posted no later than the
19first day of the quarter for which the payments are to be
20issued.
21    (f)(1) For purposes of allocating the funds included in
22capitation payments to MCOs, Illinois hospitals shall be
23divided into the following classes as defined in administrative
24rules:
25        (A) Critical access hospitals.
26        (B) Safety-net hospitals, except that stand-alone

 

 

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1    children's hospitals that are not specialty children's
2    hospitals will not be included.
3        (C) Long term acute care hospitals.
4        (D) Freestanding psychiatric hospitals.
5        (E) Freestanding rehabilitation hospitals.
6        (F) High Medicaid hospitals. As used in this Section,
7    "high Medicaid hospital" means a general acute care
8    hospital that is not a safety-net hospital or critical
9    access hospital and that has a Medicaid Inpatient
10    Utilization Rate above 30% or a hospital that had over
11    35,000 inpatient Medicaid days during the applicable
12    period. For the period July 1, 2020 through December 31,
13    2020, the applicable period for the Medicaid Inpatient
14    Utilization Rate (MIUR) is the rate year 2020 MIUR and for
15    the number of inpatient days it is State fiscal year 2018.
16    Beginning in calendar year 2021, the Department shall use
17    the most recently determined MIUR, as defined in subsection
18    (h) of Section 5-5.02, and for the inpatient day threshold,
19    the State fiscal year ending 18 months prior to the
20    beginning of the calendar year. For purposes of calculating
21    MIUR under this Section, children's hospitals and
22    affiliated general acute care hospitals shall be
23    considered a single hospital.
24        (G) General acute care hospitals. As used under this
25    Section, "general acute care hospitals" means all other
26    Illinois hospitals not identified in subparagraphs (A)

 

 

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1    through (F).
2    (2) Hospitals' qualification for each class shall be
3assessed prior to the beginning of each calendar year and the
4new class designation shall be effective January 1 of the next
5year. The Department shall publish by rule the process for
6establishing class determination.
7    (g) Fixed pool directed payments. Beginning July 1, 2020,
8the Department shall issue payments to MCOs which shall be used
9to issue directed payments to qualified Illinois safety-net
10hospitals and critical access hospitals on a monthly basis in
11accordance with this subsection. Prior to the beginning of each
12Payout Quarter beginning July 1, 2020, the Department shall use
13encounter claims data from the Determination Quarter, accepted
14by the Department's Medicaid Management Information System for
15inpatient and outpatient services rendered by safety-net
16hospitals and critical access hospitals to determine a
17quarterly uniform per unit add-on for each hospital class.
18        (1) Inpatient per unit add-on. A quarterly uniform per
19    diem add-on shall be derived by dividing the quarterly
20    Inpatient Directed Payments Pool amount allocated to the
21    applicable hospital class by the total inpatient days
22    contained on all encounter claims received during the
23    Determination Quarter, for all hospitals in the class.
24            (A) Each hospital in the class shall have a
25        quarterly inpatient directed payment calculated that
26        is equal to the product of the number of inpatient days

 

 

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

 

 

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1        (3) Each MCO shall pay each hospital the Monthly
2    Directed Payment as identified by the Department on its
3    quarterly determination report.
4        (4) Definitions. As used in this subsection:
5            (A) "Payout Quarter" means each 3 month calendar
6        quarter, beginning July 1, 2020.
7            (B) "Determination Quarter" means each 3 month
8        calendar quarter, which ends 3 months prior to the
9        first day of each Payout Quarter.
10        (5) For the period July 1, 2020 through December 2020,
11    the following amounts shall be allocated to the following
12    hospital class directed payment pools for the quarterly
13    development of a uniform per unit add-on:
14            (A) $2,894,500 for hospital inpatient services for
15        critical access hospitals.
16            (B) $4,294,374 for hospital outpatient services
17        for critical access hospitals.
18            (C) $29,109,330 for hospital inpatient services
19        for safety-net hospitals.
20            (D) $35,041,218 for hospital outpatient services
21        for safety-net hospitals.
22    (h) Fixed rate directed payments. Effective July 1, 2020,
23the Department shall issue payments to MCOs which shall be used
24to issue directed payments to Illinois hospitals not identified
25in paragraph (g) on a monthly basis. Prior to the beginning of
26each Payout Quarter beginning July 1, 2020, the Department

 

 

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1shall use encounter claims data from the Determination Quarter,
2accepted by the Department's Medicaid Management Information
3System for inpatient and outpatient services rendered by
4hospitals in each hospital class identified in paragraph (f)
5and not identified in paragraph (g). For the period July 1,
62020 through December 2020, the Department shall direct MCOs to
7make payments as follows:
8        (1) For general acute care hospitals an amount equal to
9    $1,750 multiplied by the hospital's category of service 20
10    case mix index for the determination quarter multiplied by
11    the hospital's total number of inpatient admissions for
12    category of service 20 for the determination quarter.
13        (2) For general acute care hospitals an amount equal to
14    $160 multiplied by the hospital's category of service 21
15    case mix index for the determination quarter multiplied by
16    the hospital's total number of inpatient admissions for
17    category of service 21 for the determination quarter.
18        (3) For general acute care hospitals an amount equal to
19    $80 multiplied by the hospital's category of service 22
20    case mix index for the determination quarter multiplied by
21    the hospital's total number of inpatient admissions for
22    category of service 22 for the determination quarter.
23        (4) For general acute care hospitals an amount equal to
24    $375 multiplied by the hospital's category of service 24
25    case mix index for the determination quarter multiplied by
26    the hospital's total number of category of service 24 paid

 

 

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

 

 

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1        (10) For high Medicaid hospitals an amount equal to
2    $400 multiplied by the hospital's category of service 24
3    case mix index for the determination quarter multiplied by
4    the hospital's total number of category of service 24 paid
5    EAPG outpatient claims for the determination quarter.
6        (11) For high Medicaid hospitals an amount equal to
7    $240 multiplied by the hospital's category of service 27
8    and 28 case mix index for the determination quarter
9    multiplied by the hospital's total number of category of
10    service 27 and 28 paid EAPGs for the determination quarter.
11        (12) For high Medicaid hospitals an amount equal to
12    $290 multiplied by the hospital's category of service 29
13    case mix index for the determination quarter multiplied by
14    the hospital's total number of category of service 29 paid
15    EAPGs for the determination quarter.
16        (13) For long term acute care hospitals the amount of
17    $495 multiplied by the hospital's total number of inpatient
18    days for the determination quarter.
19        (14) For psychiatric hospitals the amount of $210
20    multiplied by the hospital's total number of inpatient days
21    for category of service 21 for the determination quarter.
22        (15) For psychiatric hospitals the amount of $250
23    multiplied by the hospital's total number of outpatient
24    claims for category of service 27 and 28 for the
25    determination quarter.
26        (16) For rehabilitation hospitals the amount of $410

 

 

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1    multiplied by the hospital's total number of inpatient days
2    for category of service 22 for the determination quarter.
3        (17) For rehabilitation hospitals the amount of $100
4    multiplied by the hospital's total number of outpatient
5    claims for category of service 29 for the determination
6    quarter.
7        (18) Each hospital shall be paid 1/3 of their quarterly
8    inpatient and outpatient directed payment in each of the 3
9    months of the Payout Quarter, in accordance with directions
10    provided to each MCO by the Department.
11        (19) Each MCO shall pay each hospital the Monthly
12    Directed Payment amount as identified by the Department on
13    its quarterly determination report.
14    Notwithstanding any other provision of this subsection, if
15the Department determines that the actual total hospital
16utilization data that is used to calculate the fixed rate
17directed payments is substantially different than anticipated
18when the rates in this subsection were initially determined
19(for unforeseeable circumstances such as the COVID-19
20pandemic), the Department may adjust the rates specified in
21this subsection so that the total directed payments approximate
22the total spending amount anticipated when the rates were
23initially established.
24    Definitions. As used in this subsection:
25            (A) "Payout Quarter" means each calendar quarter,
26        beginning July 1, 2020.

 

 

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1            (B) "Determination Quarter" means each calendar
2        quarter which ends 3 months prior to the first day of
3        each Payout Quarter.
4            (C) "Case mix index" means a hospital specific
5        calculation. For inpatient claims the case mix index is
6        calculated each quarter by summing the relative weight
7        of all inpatient Diagnosis-Related Group (DRG) claims
8        for a category of service in the applicable
9        Determination Quarter and dividing the sum by the
10        number of sum total of all inpatient DRG admissions for
11        the category of service for the associated claims. The
12        case mix index for outpatient claims is calculated each
13        quarter by summing the relative weight of all paid
14        EAPGs in the applicable Determination Quarter and
15        dividing the sum by the sum total of paid EAPGs for the
16        associated claims.
17    (i) Beginning January 1, 2021, the rates for directed
18payments shall be recalculated in order to spend the additional
19funds for directed payments that result from reduction in the
20amount of pass-through payments allowed under federal
21regulations. The additional funds for directed payments shall
22be allocated proportionally to each class of hospitals based on
23that class' proportion of services.
24    (j) Pass-through payments.
25        (1) For the period July 1, 2020 through December 31,
26    2020, the Department shall assign quarterly pass-through

 

 

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1    payments to each class of hospitals equal to one-fourth of
2    the following annual allocations:
3            (A) $390,487,095 to safety-net hospitals.
4            (B) $62,553,886 to critical access hospitals.
5            (C) $345,021,438 to high Medicaid hospitals.
6            (D) $551,429,071 to general acute care hospitals.
7            (E) $27,283,870 to long term acute care hospitals.
8            (F) $40,825,444 to freestanding psychiatric
9        hospitals.
10            (G) $9,652,108 to freestanding rehabilitation
11        hospitals.
12        (2) The pass-through payments shall at a minimum ensure
13    hospitals receive a total amount of monthly payments under
14    this Section as received in calendar year 2019 in
15    accordance with this Article and paragraph (1) of
16    subsection (d-5) of Section 14-12, exclusive of amounts
17    received through payments referenced in subsection (b).
18        (3) For the calendar year beginning January 1, 2021,
19    and each calendar year thereafter, each hospital's
20    pass-through payment amount shall be reduced
21    proportionally to the reduction of all pass-through
22    payments required by federal regulations.
23    (k) At least 30 days prior to each calendar year, the
24Department shall notify each hospital of changes to the payment
25methodologies in this Section, including, but not limited to,
26changes in the fixed rate directed payment rates, the aggregate

 

 

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1pass-through payment amount for all hospitals, and the
2hospital's pass-through payment amount for the upcoming
3calendar year.
4    (l) Notwithstanding any other provisions of this Section,
5the Department may adopt rules to change the methodology for
6directed and pass-through payments as set forth in this
7Section, but only to the extent necessary to obtain federal
8approval of a necessary State Plan amendment or Directed
9Payment Preprint or to otherwise conform to federal law or
10federal regulation.
11    (m) As used in this subsection, "managed care organization"
12or "MCO" means an entity which contracts with the Department to
13provide services where payment for medical services is made on
14a capitated basis, excluding contracted entities for dual
15eligible or Department of Children and Family Services youth
16populations.
17    (n) In order to address the escalating infant mortality
18rates among minority communities in Illinois, the State shall,
19subject to appropriation, create a pool of funding of at least
20$50,000,000 annually to be dispersed among safety-net
21hospitals that maintain perinatal designation from the
22Department of Public Health. The funding shall be used to
23preserve or enhance OB/GYN services or other specialty services
24at the receiving hospital, with the distribution of funding to
25be established by rule and with consideration to perinatal
26hospitals with safe birthing levels and quality metrics for

 

 

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1healthy mothers and babies.
2(Source: P.A. 101-650, eff. 7-7-20.)
 
3
Article 110.

 
4    Section 110-1. Short title. This Article may be cited as
5the Racial Impact Note Act.
 
6    Section 110-5. Racial impact note.
7    (a) Every bill which has or could have a disparate impact
8on racial and ethnic minorities, upon the request of any
9member, shall have prepared for it, before second reading in
10the house of introduction, a brief explanatory statement or
11note that shall include a reliable estimate of the anticipated
12impact on those racial and ethnic minorities likely to be
13impacted by the bill. Each racial impact note must include, for
14racial and ethnic minorities for which data are available: (i)
15an estimate of how the proposed legislation would impact racial
16and ethnic minorities; (ii) a statement of the methodologies
17and assumptions used in preparing the estimate; (iii) an
18estimate of the racial and ethnic composition of the population
19who may be impacted by the proposed legislation, including
20those persons who may be negatively impacted and those persons
21who may benefit from the proposed legislation; and (iv) any
22other matter that a responding agency considers appropriate in
23relation to the racial and ethnic minorities likely to be

 

 

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1affected by the bill.
 
2    Section 110-10. Preparation.
3    (a) The sponsor of each bill for which a request under
4Section 110-5 has been made shall present a copy of the bill
5with the request for a racial impact note to the appropriate
6responding agency or agencies under subsection (b). The
7responding agency or agencies shall prepare and submit the note
8to the sponsor of the bill within 5 calendar days, except that
9whenever, because of the complexity of the measure, additional
10time is required for the preparation of the racial impact note,
11the responding agency or agencies may inform the sponsor of the
12bill, and the sponsor may approve an extension of the time
13within which the note is to be submitted, not to extend,
14however, beyond June 15, following the date of the request. If,
15in the opinion of the responding agency or agencies, there is
16insufficient information to prepare a reliable estimate of the
17anticipated impact, a statement to that effect can be filed and
18shall meet the requirements of this Act.
19    (b) If a bill concerns arrests, convictions, or law
20enforcement, a statement shall be prepared by the Illinois
21Criminal Justice Information Authority specifying the impact
22on racial and ethnic minorities. If a bill concerns
23corrections, sentencing, or the placement of individuals
24within the Department of Corrections, a statement shall be
25prepared by the Department of Corrections specifying the impact

 

 

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1on racial and ethnic minorities. If a bill concerns local
2government, a statement shall be prepared by the Department of
3Commerce and Economic Opportunity specifying the impact on
4racial and ethnic minorities. If a bill concerns education, one
5of the following agencies shall prepare a statement specifying
6the impact on racial and ethnic minorities: (i) the Illinois
7Community College Board, if the bill affects community
8colleges; (ii) the Illinois State Board of Education, if the
9bill affects primary and secondary education; or (iii) the
10Illinois Board of Higher Education, if the bill affects State
11universities. Any other State agency impacted or responsible
12for implementing all or part of this bill shall prepare a
13statement of the racial and ethnic impact of the bill as it
14relates to that agency.
 
15    Section 110-15. Requisites and contents. The note shall be
16factual in nature, as brief and concise as may be, and, in
17addition, it shall include both the immediate effect and, if
18determinable or reasonably foreseeable, the long range effect
19of the measure on racial and ethnic minorities. If, after
20careful investigation, it is determined that such an effect is
21not ascertainable, the note shall contain a statement to that
22effect, setting forth the reasons why no ascertainable effect
23can be given.
 
24    Section 110-20. Comment or opinion; technical or

 

 

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1mechanical defects. No comment or opinion shall be included in
2the racial impact note with regard to the merits of the measure
3for which the racial impact note is prepared; however,
4technical or mechanical defects may be noted.
 
5    Section 110-25. Appearance of State officials and
6employees in support or opposition of measure. The fact that a
7racial impact note is prepared for any bill shall not preclude
8or restrict the appearance before any committee of the General
9Assembly of any official or authorized employee of the
10responding agency or agencies, or any other impacted State
11agency, who desires to be heard in support of or in opposition
12to the measure.
 
13
Article 115.

 
14    Section 115-5. The Illinois Public Aid Code is amended by
15adding Section 14-14 as follows:
 
16    (305 ILCS 5/14-14 new)
17    Sec. 14-14. Increasing access to primary care in hospitals.
18The Department of Healthcare and Family Services shall develop
19a program to encourage coordination between Federally
20Qualified Health Centers (FQHCs) and hospitals, including, but
21not limited to, safety-net hospitals, with the goal of
22increasing care coordination, managing chronic diseases, and

 

 

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1addressing the social determinants of health on or before
2December 31, 2021. In addition, the Department shall develop a
3payment methodology to allow FQHCs to provide care coordination
4services, including, but not limited to, chronic disease
5management and behavioral health services. The Department of
6Healthcare and Family Services shall develop a payment
7methodology to allow for FQHC care coordination services by no
8later than December 31, 2021.
 
9
Article 120.

 
10    Section 120-5. The Civil Administrative Code of Illinois is
11amended by changing Section 5-565 as follows:
 
12    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
13    Sec. 5-565. In the Department of Public Health.
14    (a) The General Assembly declares it to be the public
15policy of this State that all residents citizens of Illinois
16are entitled to lead healthy lives. Governmental public health
17has a specific responsibility to ensure that a public health
18system is in place to allow the public health mission to be
19achieved. The public health system is the collection of public,
20private, and voluntary entities as well as individuals and
21informal associations that contribute to the public's health
22within the State. To develop a public health system requires
23certain core functions to be performed by government. The State

 

 

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1Board of Health is to assume the leadership role in advising
2the Director in meeting the following functions:
3        (1) Needs assessment.
4        (2) Statewide health objectives.
5        (3) Policy development.
6        (4) Assurance of access to necessary services.
7    There shall be a State Board of Health composed of 20
8persons, all of whom shall be appointed by the Governor, with
9the advice and consent of the Senate for those appointed by the
10Governor on and after June 30, 1998, and one of whom shall be a
11senior citizen age 60 or over. Five members shall be physicians
12licensed to practice medicine in all its branches, one
13representing a medical school faculty, one who is board
14certified in preventive medicine, and one who is engaged in
15private practice. One member shall be a chiropractic physician.
16One member shall be a dentist; one an environmental health
17practitioner; one a local public health administrator; one a
18local board of health member; one a registered nurse; one a
19physical therapist; one an optometrist; one a veterinarian; one
20a public health academician; one a health care industry
21representative; one a representative of the business
22community; one a representative of the non-profit public
23interest community; and 2 shall be citizens at large.
24    The terms of Board of Health members shall be 3 years,
25except that members shall continue to serve on the Board of
26Health until a replacement is appointed. Upon the effective

 

 

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1date of Public Act 93-975 (January 1, 2005) this amendatory Act
2of the 93rd General Assembly, in the appointment of the Board
3of Health members appointed to vacancies or positions with
4terms expiring on or before December 31, 2004, the Governor
5shall appoint up to 6 members to serve for terms of 3 years; up
6to 6 members to serve for terms of 2 years; and up to 5 members
7to serve for a term of one year, so that the term of no more
8than 6 members expire in the same year. All members shall be
9legal residents of the State of Illinois. The duties of the
10Board shall include, but not be limited to, the following:
11        (1) To advise the Department of ways to encourage
12    public understanding and support of the Department's
13    programs.
14        (2) To evaluate all boards, councils, committees,
15    authorities, and bodies advisory to, or an adjunct of, the
16    Department of Public Health or its Director for the purpose
17    of recommending to the Director one or more of the
18    following:
19            (i) The elimination of bodies whose activities are
20        not consistent with goals and objectives of the
21        Department.
22            (ii) The consolidation of bodies whose activities
23        encompass compatible programmatic subjects.
24            (iii) The restructuring of the relationship
25        between the various bodies and their integration
26        within the organizational structure of the Department.

 

 

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1            (iv) The establishment of new bodies deemed
2        essential to the functioning of the Department.
3        (3) To serve as an advisory group to the Director for
4    public health emergencies and control of health hazards.
5        (4) To advise the Director regarding public health
6    policy, and to make health policy recommendations
7    regarding priorities to the Governor through the Director.
8        (5) To present public health issues to the Director and
9    to make recommendations for the resolution of those issues.
10        (6) To recommend studies to delineate public health
11    problems.
12        (7) To make recommendations to the Governor through the
13    Director regarding the coordination of State public health
14    activities with other State and local public health
15    agencies and organizations.
16        (8) To report on or before February 1 of each year on
17    the health of the residents of Illinois to the Governor,
18    the General Assembly, and the public.
19        (9) To review the final draft of all proposed
20    administrative rules, other than emergency or peremptory
21    preemptory rules and those rules that another advisory body
22    must approve or review within a statutorily defined time
23    period, of the Department after September 19, 1991 (the
24    effective date of Public Act 87-633). The Board shall
25    review the proposed rules within 90 days of submission by
26    the Department. The Department shall take into

 

 

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1    consideration any comments and recommendations of the
2    Board regarding the proposed rules prior to submission to
3    the Secretary of State for initial publication. If the
4    Department disagrees with the recommendations of the
5    Board, it shall submit a written response outlining the
6    reasons for not accepting the recommendations.
7        In the case of proposed administrative rules or
8    amendments to administrative rules regarding immunization
9    of children against preventable communicable diseases
10    designated by the Director under the Communicable Disease
11    Prevention Act, after the Immunization Advisory Committee
12    has made its recommendations, the Board shall conduct 3
13    public hearings, geographically distributed throughout the
14    State. At the conclusion of the hearings, the State Board
15    of Health shall issue a report, including its
16    recommendations, to the Director. The Director shall take
17    into consideration any comments or recommendations made by
18    the Board based on these hearings.
19        (10) To deliver to the Governor for presentation to the
20    General Assembly a State Health Assessment (SHA) and a
21    State Health Improvement Plan (SHIP). The first 5 3 such
22    plans shall be delivered to the Governor on January 1,
23    2006, January 1, 2009, and January 1, 2016, January 1,
24    2021, and June 30, 2022, and then every 5 years thereafter.
25        The State Health Assessment and State Health
26    Improvement Plan Plan shall assess and recommend

 

 

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1    priorities and strategies to improve the public health
2    system, and the health status of Illinois residents, reduce
3    health disparities and inequities, and promote health
4    equity. The State Health Assessment and State Health
5    Improvement Plan development and implementation shall
6    conform to national Public Health Accreditation Board
7    Standards. The State Health Assessment and State Health
8    Improvement Plan development and implementation process
9    shall be carried out with the administrative and
10    operational support of the Department of Public Health
11    taking into consideration national health objectives and
12    system standards as frameworks for assessment.
13        The State Health Assessment shall include
14    comprehensive, broad-based data and information from a
15    variety of sources on health status and the public health
16    system including:
17            (i) quantitative data on the demographics and
18        health status of the population, including data over
19        time on health by gender identity, sexual orientation,
20        race, ethnicity, age, socio-economic factors,
21        geographic region, disability status, and other
22        indicators of disparity;
23            (ii) quantitative data on social and structural
24        issues affecting health (social and structural
25        determinants of health), including, but not limited
26        to, housing, transportation, educational attainment,

 

 

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1        employment, and income inequality;
2            (iii) priorities and strategies developed at the
3        community level through the Illinois Project for Local
4        Assessment of Needs (IPLAN) and other local and
5        regional community health needs assessments;
6            (iv) qualitative data representing the
7        population's input on health concerns and well-being,
8        including the perceptions of people experiencing
9        disparities and health inequities;
10            (v) information on health disparities and health
11        inequities; and
12            (vi) information on public health system strengths
13        and areas for improvement.
14        The Plan shall also take into consideration priorities
15    and strategies developed at the community level through the
16    Illinois Project for Local Assessment of Needs (IPLAN) and
17    any regional health improvement plans that may be
18    developed.
19        The State Health Improvement Plan Plan shall focus on
20    prevention, social determinants of health, and promoting
21    health equity as key strategies as a key strategy for
22    long-term health improvement in Illinois.
23        The State Health Improvement Plan Plan shall identify
24    priority State health issues and social issues affecting
25    health, and shall examine and make recommendations on the
26    contributions and strategies of the public and private

 

 

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1    sectors for improving health status and the public health
2    system in the State. In addition to recommendations on
3    health status improvement priorities and strategies for
4    the population of the State as a whole, the State Health
5    Improvement Plan Plan shall make recommendations regarding
6    priorities and strategies for reducing and eliminating
7    health disparities and health inequities in Illinois;
8    including racial, ethnic, gender identification, sexual
9    orientation, age, disability, socio-economic, and
10    geographic disparities. The State Health Improvement Plan
11    shall make recommendations regarding social determinants
12    of health, such as housing, transportation, educational
13    attainment, employment, and income inequality.
14        The development and implementation of the State Health
15    Assessment and State Health Improvement Plan shall be a
16    collaborative public-private cross-agency effort overseen
17    by the SHA and SHIP Partnership. The Director of Public
18    Health shall consult with the Governor to ensure
19    participation by the head of State agencies with public
20    health responsibilities (or their designees) in the SHA and
21    SHIP Partnership, including, but not limited to, the
22    Department of Public Health, the Department of Human
23    Services, the Department of Healthcare and Family
24    Services, the Department of Children and Family Services,
25    the Environmental Protection Agency, the Illinois State
26    Board of Education, the Department on Aging, the Illinois

 

 

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1    Housing Development Authority, the Illinois Criminal
2    Justice Information Authority, the Department of
3    Agriculture, the Department of Transportation, the
4    Department of Corrections, the Department of Commerce and
5    Economic Opportunity, and the Chair of the State Board of
6    Health to also serve on the Partnership. A member of the
7    Governors' staff shall participate in the Partnership and
8    serve as a liaison to the Governors' office.
9        The Director of the Illinois Department of Public
10    Health shall appoint a minimum of 15 other members of the
11    SHA and SHIP Partnership representing a Planning Team that
12    includes a range of public, private, and voluntary sector
13    stakeholders and participants in the public health system.
14    For the first SHA and SHIP Partnership after the effective
15    date of this amendatory Act of the 101st General Assembly,
16    one-half of the members shall be appointed for a 3-year
17    term, and one-half of the members shall be appointed for a
18    5-year term. Subsequently, members shall be appointed to
19    5-year terms. Should any member not be able to fulfill his
20    or her term, the Director may appoint a replacement to
21    complete that term. The Director, in consultation with the
22    SHA and SHIP Partnership, may engage additional
23    individuals and organizations to serve on subcommittees
24    and ad hoc efforts to conduct the State Health Assessment
25    and develop and implement the State Health Improvement
26    Plan. Members of the SHA and SHIP Partnership shall receive

 

 

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1    no compensation for serving as members, but may be
2    reimbursed for their necessary expenses if departmental
3    resources allow.
4        The SHA and SHIP Partnership This Team shall include:
5    the directors of State agencies with public health
6    responsibilities (or their designees), including but not
7    limited to the Illinois Departments of Public Health and
8    Department of Human Services, representatives of local
9    health departments, representatives of local community
10    health partnerships, and individuals with expertise who
11    represent an array of organizations and constituencies
12    engaged in public health improvement and prevention, such
13    as non-profit public interest groups, groups serving
14    populations that experience health disparities and health
15    inequities, groups addressing social determinants of
16    health, health issue groups, faith community groups,
17    health care providers, businesses and employers, academic
18    institutions, and community-based organizations.
19        The Director shall endeavor to make the membership of
20    the Partnership diverse and inclusive of the racial,
21    ethnic, gender, socio-economic, and geographic diversity
22    of the State. The SHA and SHIP Partnership shall be chaired
23    by the Director of Public Health or his or her designee.
24        The SHA and SHIP Partnership shall develop and
25    implement a community engagement process that facilitates
26    input into the development of the State Health Assessment

 

 

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1    and State Health Improvement Plan. This engagement process
2    shall ensure that individuals with lived experience in the
3    issues addressed in the State Health Assessment and State
4    Health Improvement Plan are meaningfully engaged in the
5    development and implementation of the State Health
6    Assessment and State Health Improvement Plan.
7        The State Board of Health shall hold at least 3 public
8    hearings addressing a draft of the State Health Improvement
9    Plan drafts of the Plan in representative geographic areas
10    of the State. Members of the Planning Team shall receive no
11    compensation for their services, but may be reimbursed for
12    their necessary expenses.
13        Upon the delivery of each State Health Improvement
14    Plan, the Governor shall appoint a SHIP Implementation
15    Coordination Council that includes a range of public,
16    private, and voluntary sector stakeholders and
17    participants in the public health system. The Council shall
18    include the directors of State agencies and entities with
19    public health system responsibilities (or their
20    designees), including but not limited to the Department of
21    Public Health, Department of Human Services, Department of
22    Healthcare and Family Services, Environmental Protection
23    Agency, Illinois State Board of Education, Department on
24    Aging, Illinois Violence Prevention Authority, Department
25    of Agriculture, Department of Insurance, Department of
26    Financial and Professional Regulation, Department of

 

 

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1    Transportation, and Department of Commerce and Economic
2    Opportunity and the Chair of the State Board of Health. The
3    Council shall include representatives of local health
4    departments and individuals with expertise who represent
5    an array of organizations and constituencies engaged in
6    public health improvement and prevention, including
7    non-profit public interest groups, health issue groups,
8    faith community groups, health care providers, businesses
9    and employers, academic institutions, and community-based
10    organizations. The Governor shall endeavor to make the
11    membership of the Council representative of the racial,
12    ethnic, gender, socio-economic, and geographic diversity
13    of the State. The Governor shall designate one State agency
14    representative and one other non-governmental member as
15    co-chairs of the Council. The Governor shall designate a
16    member of the Governor's office to serve as liaison to the
17    Council and one or more State agencies to provide or
18    arrange for support to the Council. The members of the SHIP
19    Implementation Coordination Council for each State Health
20    Improvement Plan shall serve until the delivery of the
21    subsequent State Health Improvement Plan, whereupon a new
22    Council shall be appointed. Members of the SHIP Planning
23    Team may serve on the SHIP Implementation Coordination
24    Council if so appointed by the Governor.
25        Upon the delivery of each State Health Assessment and
26    State Health Improvement Plan, the SHA and SHIP Partnership

 

 

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

 

 

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1        The SHA and SHIP Partnership shall regularly evaluate
2    and update the State Health Assessment and track
3    implementation of the State Health Improvement Plan with
4    revisions as necessary. The State Board of Health shall
5    submit a report by January 31 of each year on the status of
6    State Health Improvement Plan implementation and community
7    engagement activities to the Governor, General Assembly,
8    and public. In the fifth year, the report may be
9    consolidated into the new State Health Assessment and State
10    Health Improvement Plan.
11        (11) Upon the request of the Governor, to recommend to
12    the Governor candidates for Director of Public Health when
13    vacancies occur in the position.
14        (12) To adopt bylaws for the conduct of its own
15    business, including the authority to establish ad hoc
16    committees to address specific public health programs
17    requiring resolution.
18        (13) (Blank).
19    Upon appointment, the Board shall elect a chairperson from
20among its members.
21    Members of the Board shall receive compensation for their
22services at the rate of $150 per day, not to exceed $10,000 per
23year, as designated by the Director for each day required for
24transacting the business of the Board and shall be reimbursed
25for necessary expenses incurred in the performance of their
26duties. The Board shall meet from time to time at the call of

 

 

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1the Department, at the call of the chairperson, or upon the
2request of 3 of its members, but shall not meet less than 4
3times per year.
4    (b) (Blank).
5    (c) An Advisory Board on Necropsy Service to Coroners,
6which shall counsel and advise with the Director on the
7administration of the Autopsy Act. The Advisory Board shall
8consist of 11 members, including a senior citizen age 60 or
9over, appointed by the Governor, one of whom shall be
10designated as chairman by a majority of the members of the
11Board. In the appointment of the first Board the Governor shall
12appoint 3 members to serve for terms of 1 year, 3 for terms of 2
13years, and 3 for terms of 3 years. The members first appointed
14under Public Act 83-1538 shall serve for a term of 3 years. All
15members appointed thereafter shall be appointed for terms of 3
16years, except that when an appointment is made to fill a
17vacancy, the appointment shall be for the remaining term of the
18position vacant. The members of the Board shall be citizens of
19the State of Illinois. In the appointment of members of the
20Advisory Board the Governor shall appoint 3 members who shall
21be persons licensed to practice medicine and surgery in the
22State of Illinois, at least 2 of whom shall have received
23post-graduate training in the field of pathology; 3 members who
24are duly elected coroners in this State; and 5 members who
25shall have interest and abilities in the field of forensic
26medicine but who shall be neither persons licensed to practice

 

 

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1any branch of medicine in this State nor coroners. In the
2appointment of medical and coroner members of the Board, the
3Governor shall invite nominations from recognized medical and
4coroners organizations in this State respectively. Board
5members, while serving on business of the Board, shall receive
6actual necessary travel and subsistence expenses while so
7serving away from their places of residence.
8(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
9revised 7-17-19.)
 
10
Article 125.

 
11    Section 125-1. Short title. This Article may be cited as
12the Health and Human Services Task Force and Study Act.
13References in this Article to "this Act" mean this Article.
 
14    Section 125-5. Findings. The General Assembly finds that:
15        (1) The State is committed to improving the health and
16    well-being of Illinois residents and families.
17        (2) According to data collected by the Kaiser
18    Foundation, Illinois had over 905,000 uninsured residents
19    in 2019, with a total uninsured rate of 7.3%.
20        (3) Many Illinois residents and families who have
21    health insurance cannot afford to use it due to high
22    deductibles and cost sharing.
23        (4) Lack of access to affordable health care services

 

 

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1    disproportionately affects minority communities throughout
2    the State, leading to poorer health outcomes among those
3    populations.
4        (5) Illinois Medicaid beneficiaries are not receiving
5    the coordinated and effective care they need to support
6    their overall health and well-being.
7        (6) Illinois has an opportunity to improve the health
8    and well-being of a historically underserved and
9    vulnerable population by providing more coordinated and
10    higher quality care to its Medicaid beneficiaries.
11        (7) The State of Illinois has a responsibility to help
12    crime victims access justice, assistance, and the support
13    they need to heal.
14        (8) Research has shown that people who are repeatedly
15    victimized are more likely to face mental health problems
16    such as depression, anxiety, and symptoms related to
17    post-traumatic stress disorder and chronic trauma.
18        (9) Trauma-informed care has been promoted and
19    established in communities across the country on a
20    bipartisan basis, and numerous federal agencies have
21    integrated trauma-informed approaches into their programs
22    and grants, which should be leveraged by the State of
23    Illinois.
24        (10) Infants, children, and youth and their families
25    who have experienced or are at risk of experiencing trauma,
26    including those who are low-income, homeless, involved

 

 

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1    with the child welfare system, involved in the juvenile or
2    adult justice system, unemployed, or not enrolled in or at
3    risk of dropping out of an educational institution and live
4    in a community that has faced acute or long-term exposure
5    to substantial discrimination, historical oppression,
6    intergenerational poverty, a high rate of violence or drug
7    overdose deaths, should have an opportunity for improved
8    outcomes; this means increasing access to greater
9    opportunities to meet educational, employment, health,
10    developmental, community reentry, permanency from foster
11    care, or other key goals.
 
12    Section 125-10. Health and Human Services Task Force. The
13Health and Human Services Task Force is created within the
14Department of Human Services to undertake a systematic review
15of health and human service departments and programs with the
16goal of improving health and human service outcomes for
17Illinois residents.
 
18    Section 125-15. Study.
19    (1) The Task Force shall review all health and human
20service departments and programs and make recommendations for
21achieving a system that will improve interagency
22interoperability with respect to improving access to
23healthcare, healthcare disparities, workforce competency and
24diversity, social determinants of health, and data sharing and

 

 

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1collection. These recommendations shall include, but are not
2limited to, the following elements:
3        (i) impact on infant and maternal mortality;
4        (ii) impact of hospital closures, including safety-net
5    hospitals, on local communities; and
6        (iii) impact on Medicaid Managed Care Organizations.
7    (2) The Task Force shall review and make recommendations on
8ways the Medicaid program can partner and cooperate with other
9agencies, including but not limited to the Department of
10Agriculture, the Department of Insurance, the Department of
11Human Services, the Department of Labor, the Environmental
12Protection Agency, and the Department of Public Health, to
13better address social determinants of public health,
14including, but not limited to, food deserts, affordable
15housing, environmental pollutions, employment, education, and
16public support services. This shall include a review and
17recommendations on ways Medicaid and the agencies can share
18costs related to better health outcomes.
19    (3) The Task Force shall review the current partnership,
20communication, and cooperation between Federally Qualified
21Health Centers (FQHCs) and safety-net hospitals in Illinois and
22make recommendations on public policies that will improve
23interoperability and cooperations between these entities in
24order to achieve improved coordinated care and better health
25outcomes for vulnerable populations in the State.
26    (4) The Task Force shall review and examine public policies

 

 

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1affecting trauma and social determinants of health, including
2trauma-informed care, and make recommendations on ways to
3improve and integrate trauma-informed approaches into programs
4and agencies in the State, including, but not limited to,
5Medicaid and other health care programs administered by the
6State, and increase awareness of trauma and its effects on
7communities across Illinois.
8    (5) The Task Force shall review and examine the connection
9between access to education and health outcomes particularly in
10African American and minority communities and make
11recommendations on public policies to address any gaps or
12deficiencies.
 
13    Section 125-20. Membership; appointments; meetings;
14support.
15    (1) The Task Force shall include representation from both
16public and private organizations, and its membership shall
17reflect regional, racial, and cultural diversity to ensure
18representation of the needs of all Illinois citizens. Task
19Force members shall include one member appointed by the
20President of the Senate, one member appointed by the Minority
21Leader of the Senate, one member appointed by the Speaker of
22the House of Representatives, one member appointed by the
23Minority Leader of the House of Representatives, and other
24members appointed by the Governor. The Governor's appointments
25shall include, without limitation, the following:

 

 

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1        (A) One member of the Senate, appointed by the Senate
2    President, who shall serve as Co-Chair;
3        (B) One member of the House of Representatives,
4    appointed by the Speaker of the House, who shall serve as
5    Co-Chair;
6        (C) Eight members of the General Assembly representing
7    each of the majority and minority caucuses of each chamber.
8        (D) The Directors or Secretaries of the following State
9    agencies or their designees:
10            (i) Department of Human Services.
11            (ii) Department of Children and Family Services.
12            (iii) Department of Healthcare and Family
13        Services.
14            (iv) State Board of Education.
15            (v) Department on Aging.
16            (vi) Department of Public Health.
17            (vii) Department of Veterans' Affairs.
18            (viii) Department of Insurance.
19        (E) Local government stakeholders and nongovernmental
20    stakeholders with an interest in human services, including
21    representation among the following private-sector fields
22    and constituencies:
23            (i) Early childhood education and development.
24            (ii) Child care.
25            (iii) Child welfare.
26            (iv) Youth services.

 

 

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1            (v) Developmental disabilities.
2            (vi) Mental health.
3            (vii) Employment and training.
4            (viii) Sexual and domestic violence.
5            (ix) Alcohol and substance abuse.
6            (x) Local community collaborations among human
7        services programs.
8            (xi) Immigrant services.
9            (xii) Affordable housing.
10            (xiii) Food and nutrition.
11            (xiv) Homelessness.
12            (xv) Older adults.
13            (xvi) Physical disabilities.
14            (xvii) Maternal and child health.
15            (xviii) Medicaid managed care organizations.
16            (xix) Healthcare delivery.
17            (xx) Health insurance.
18    (2) Members shall serve without compensation for the
19duration of the Task Force.
20    (3) In the event of a vacancy, the appointment to fill the
21vacancy shall be made in the same manner as the original
22appointment.
23    (4) The Task Force shall convene within 60 days after the
24effective date of this Act. The initial meeting of the Task
25Force shall be convened by the co-chair selected by the
26Governor. Subsequent meetings shall convene at the call of the

 

 

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1co-chairs. The Task Force shall meet on a quarterly basis, or
2more often if necessary.
3    (5) The Department of Human Services shall provide
4administrative support to the Task Force.
 
5    Section 125-25. Report. The Task Force shall report to the
6Governor and the General Assembly on the Task Force's progress
7toward its goals and objectives by June 30, 2021, and every
8June 30 thereafter.
 
9    Section 125-30. Transparency. In addition to whatever
10policies or procedures it may adopt, all operations of the Task
11Force shall be subject to the provisions of the Freedom of
12Information Act and the Open Meetings Act. This Section shall
13not be construed so as to preclude other State laws from
14applying to the Task Force and its activities.
 
15    Section 125-40. Repeal. This Article is repealed June 30,
162023.
 
17
Article 130.

 
18    Section 130-1. Short title. This Article may be cited as
19the Anti-Racism Commission Act. References in this Article to
20"this Act" mean this Article.
 

 

 

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1    Section 130-5. Findings. The General Assembly finds and
2declares all of the following:
3        (1) Public health is the science and art of preventing
4    disease, of protecting and improving the health of people,
5    entire populations, and their communities; this work is
6    achieved by promoting healthy lifestyles and choices,
7    researching disease, and preventing injury.
8        (2) Public health professionals try to prevent
9    problems from happening or recurring through implementing
10    educational programs, recommending policies, administering
11    services, and limiting health disparities through the
12    promotion of equitable and accessible healthcare.
13        (3) According to the Centers for Disease Control and
14    Prevention, racism and segregation in the State of Illinois
15    have exacerbated a health divide, resulting in Black
16    residents having lower life expectancies than white
17    citizens of this State and being far more likely than other
18    races to die prematurely (before the age of 75) and to die
19    of heart disease or stroke; Black residents of Illinois
20    have a higher level of infant mortality, lower birth weight
21    babies, and are more likely to be overweight or obese as
22    adults, have adult diabetes, and have long-term
23    complications from diabetes that exacerbate other
24    conditions, including the susceptibility to COVID-19.
25        (4) Black and Brown people are more likely to
26    experience poor health outcomes as a consequence of their

 

 

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1    social determinants of health, health inequities stemming
2    from economic instability, education, physical
3    environment, food, and access to health care systems.
4        (5) Black residents in Illinois are more likely than
5    white residents to experience violence-related trauma as a
6    result of socioeconomic conditions resulting from systemic
7    racism.
8        (6) Racism is a social system with multiple dimensions
9    in which individual racism is internalized or
10    interpersonal and systemic racism is institutional or
11    structural and is a system of structuring opportunity and
12    assigning value based on the social interpretation of how
13    one looks; this unfairly disadvantages specific
14    individuals and communities, while unfairly giving
15    advantages to other individuals and communities; it saps
16    the strength of the whole society through the waste of
17    human resources.
18        (7) Racism causes persistent racial discrimination
19    that influences many areas of life, including housing,
20    education, employment, and criminal justice; an emerging
21    body of research demonstrates that racism itself is a
22    social determinant of health.
23        (8) More than 100 studies have linked racism to worse
24    health outcomes.
25        (9) The American Public Health Association launched a
26    National Campaign against Racism.

 

 

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1        (10) Public health's responsibilities to address
2    racism include reshaping our discourse and agenda so that
3    we all actively engage in racial justice work.
 
4    Section 130-10. Anti-Racism Commission.
5    (a) The Anti-Racism Commission is hereby created to
6identify and propose statewide policies to eliminate systemic
7racism and advance equitable solutions for Black and Brown
8people in Illinois.
9    (b) The Anti-Racism Commission shall consist of the
10following members, who shall serve without compensation:
11        (1) one member of the House of Representatives,
12    appointed by the Speaker of the House of Representatives,
13    who shall serve as co-chair;
14        (2) one member of the Senate, appointed by the Senate
15    President, who shall serve as co-chair;
16        (3) one member of the House of Representatives,
17    appointed by the Minority Leader of the House of
18    Representatives;
19        (4) one member of the Senate, appointed by the Minority
20    Leader of the Senate;
21        (5) the Director of Public Health, or his or her
22    designee;
23        (6) the Chair of the House Black Caucus;
24        (7) the Chair of the Senate Black Caucus;
25        (8) the Chair of the Joint Legislative Black Caucus;

 

 

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1        (9) the director of a statewide association
2    representing public health departments, appointed by the
3    Speaker of the House of Representatives;
4        (10) the Chair of the House Latino Caucus;
5        (11) the Chair of the Senate Latino Caucus;
6        (12) one community member appointed by the House Black
7    Caucus Chair;
8        (13) one community member appointed by the Senate Black
9    Caucus Chair;
10        (14) one community member appointed by the House Latino
11    Caucus Chair; and
12        (15) one community member appointed by the Senate
13    Latino Caucus Chair.
14    (c) The Department of Public Health shall provide
15administrative support for the Commission.
16    (d) The Commission is charged with, but not limited to, the
17following tasks:
18        (1) Working to create an equity and justice-oriented
19    State government.
20        (2) Assessing the policy and procedures of all State
21    agencies to ensure racial equity is a core element of State
22    government.
23        (3) Developing and incorporating into the
24    organizational structure of State government a plan for
25    educational efforts to understand, address, and dismantle
26    systemic racism in government actions.

 

 

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1        (4) Recommending and advocating for policies that
2    improve health in Black and Brown people and support local,
3    State, regional, and federal initiatives that advance
4    efforts to dismantle systemic racism.
5        (5) Working to build alliances and partnerships with
6    organizations that are confronting racism and encouraging
7    other local, State, regional, and national entities to
8    recognize racism as a public health crisis.
9        (6) Promoting community engagement, actively engaging
10    citizens on issues of racism and assisting in providing
11    tools to engage actively and authentically with Black and
12    Brown people.
13        (7) Reviewing all portions of codified State laws
14    through the lens of racial equity.
15        (8) Working with the Department of Central Management
16    Services to update policies that encourage diversity in
17    human resources, including hiring, board appointments, and
18    vendor selection by agencies, and to review all grant
19    management activities with an eye toward equity and
20    workforce development.
21        (9) Recommending policies that promote racially
22    equitable economic and workforce development practices.
23        (10) Promoting and supporting all policies that
24    prioritize the health of all people, especially people of
25    color, by mitigating exposure to adverse childhood
26    experiences and trauma in childhood and ensuring

 

 

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1    implementation of health and equity in all policies.
2        (11) Encouraging community partners and stakeholders
3    in the education, employment, housing, criminal justice,
4    and safety arenas to recognize racism as a public health
5    crisis and to implement policy recommendations.
6        (12) Identifying clear goals and objectives, including
7    specific benchmarks, to assess progress.
8        (13) Holding public hearings across Illinois to
9    continue to explore and to recommend needed action by the
10    General Assembly.
11        (14) Working with the Governor and the General Assembly
12    to identify the necessary funds to support the Anti-Racism
13    Commission and its endeavors.
14        (15) Identifying resources to allocate to Black and
15    Brown communities on an annual basis.
16        (16) Encouraging corporate investment in anti-racism
17    policies in Black and Brown communities.
18    (e) The Commission shall submit its final report to the
19Governor and the General Assembly no later than December 31,
202021. The Commission is dissolved upon the filing of its
21report.
 
22    Section 130-15. Repeal. This Article is repealed on January
231, 2023.
 
24
Article 131.

 

 

 

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1    Section 131-1. Short title. This Article may be cited as
2the Sickle Cell Prevention, Care, and Treatment Program Act.
3References in this Article to "this Act" mean this Article.
 
4    Section 131-5. Definitions. As used in this Act:
5    "Department" means the Department of Public Health.
6    "Program" means the Sickle Cell Prevention, Care, and
7Treatment Program.
 
8    Section 131-10. Sickle Cell Prevention, Care, and
9Treatment Program. The Department shall establish a grant
10program for the purpose of providing for the prevention, care,
11and treatment of sickle cell disease and for educational
12programs concerning the disease.
 
13    Section 131-15. Grants; eligibility standards.
14    (a) The Department shall do the following:
15        (1)(A) Develop application criteria and standards of
16    eligibility for groups or organizations who apply for funds
17    under the program.
18        (B) Make available grants to groups and organizations
19    who meet the eligibility standards set by the Department.
20    However:
21            (i) the highest priority for grants shall be
22        accorded to established sickle cell disease

 

 

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1        community-based organizations throughout Illinois; and
2            (ii) priority shall also be given to ensuring the
3        establishment of sickle cell disease centers in
4        underserved areas that have a higher population of
5        sickle cell disease patients.
6        (2) Determine the maximum amount available for each
7    grant provided under subparagraph (B) of paragraph (1).
8        (3) Determine policies for the expiration and renewal
9    of grants provided under subparagraph (B) of paragraph (1).
10        (4) Require that all grant funds be used for the
11    purpose of prevention, care, and treatment of sickle cell
12    disease or for educational programs concerning the
13    disease. Grant funds shall be used for one or more of the
14    following purposes:
15            (A) Assisting in the development and expansion of
16        care for the treatment of individuals with sickle cell
17        disease, particularly for adults, including the
18        following types of care:
19                (i) Self-administered care.
20                (ii) Preventive care.
21                (iii) Home care.
22                (iv) Other evidence-based medical procedures
23            and techniques designed to provide maximum control
24            over sickling episodes typical of occurring to an
25            individual with the disease.
26            (B) Increasing access to health care for

 

 

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1        individuals with sickle cell disease.
2            (C) Establishing additional sickle cell disease
3        infusion centers.
4            (D) Increasing access to mental health resources
5        and pain management therapies for individuals with
6        sickle cell disease.
7            (E) Providing counseling to any individual, at no
8        cost, concerning sickle cell disease and sickle cell
9        trait, and the characteristics, symptoms, and
10        treatment of the disease.
11                (i) The counseling described in this
12            subparagraph (E) may consist of any of the
13            following:
14                    (I) Genetic counseling for an individual
15                who tests positive for the sickle cell trait.
16                    (II) Psychosocial counseling for an
17                individual who tests positive for sickle cell
18                disease, including any of the following:
19                        (aa) Social service counseling.
20                        (bb) Psychological counseling.
21                        (cc) Psychiatric counseling.
22        (5) Develop a sickle cell disease educational outreach
23    program that includes the dissemination of educational
24    materials to the following concerning sickle cell disease
25    and sickle cell trait:
26            (A) Medical residents.

 

 

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1            (B) Immigrants.
2            (C) Schools and universities.
3        (6) Adopt any rules necessary to implement the
4    provisions of this Act.
5    (b) The Department may contract with an entity to implement
6the sickle cell disease educational outreach program described
7in paragraph (5) of subsection (a).
 
8    Section 131-20. Sickle Cell Chronic Disease Fund.
9    (a) The Sickle Cell Chronic Disease Fund is created as a
10special fund in the State treasury for the purpose of carrying
11out the provisions of this Act and for no other purpose. The
12Fund shall be administered by the Department.
13    (b) The Fund shall consist of:
14        (1) Any moneys appropriated to the Department for the
15    Sickle Cell Prevention, Care, and Treatment Program.
16        (2) Gifts, bequests, and other sources of funding.
17        (3) All interest earned on moneys in the Fund.
 
18    Section 131-25. Study.
19    (a) Before July 1, 2022, and on a biennial basis
20thereafter, the Department, with the assistance of:
21        (1) the Center for Minority Health Services;
22        (2) health care providers that treat individuals with
23    sickle cell disease;
24        (3) individuals diagnosed with sickle cell disease;

 

 

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1        (4) representatives of community-based organizations
2    that serve individuals with sickle cell disease; and
3        (5) data collected via newborn screening for sickle
4    cell disease;
5shall perform a study to determine the prevalence, impact, and
6needs of individuals with sickle cell disease and the sickle
7cell trait in Illinois.
8    (b) The study must include the following:
9        (1) The prevalence, by geographic location, of
10    individuals diagnosed with sickle cell disease in
11    Illinois.
12        (2) The prevalence, by geographic location, of
13    individuals diagnosed as sickle cell trait carriers in
14    Illinois.
15        (3) The availability and affordability of screening
16    services in Illinois for the sickle cell trait.
17        (4) The location and capacity of the following for the
18    treatment of sickle cell disease and sickle cell trait
19    carriers:
20            (A) Treatment centers.
21            (B) Clinics.
22            (C) Community-based social service organizations.
23            (D) Medical specialists.
24        (5) The unmet medical, psychological, and social needs
25    encountered by individuals in Illinois with sickle cell
26    disease.

 

 

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1        (6) The underserved areas of Illinois for the treatment
2    of sickle cell disease.
3        (7) Recommendations for actions to address any
4    shortcomings in the State identified under this Section.
5    (c) The Department shall submit a report on the study
6performed under this Section to the General Assembly.
 
7    Section 131-30. Implementation subject to appropriation.
8Implementation of this Act is subject to appropriation.
 
9    Section 131-90. The State Finance Act is amended by adding
10Section 5.937 as follows:
 
11    (30 ILCS 105/5.937 new)
12    Sec. 5.937. The Sickle Cell Chronic Disease Fund.
 
13
Title VII. Hospital Closure

 
14
Article 135.

 
15    Section 135-5. The Illinois Health Facilities Planning Act
16is amended by changing Sections 4, 5.4, and 8.7 as follows:
 
17    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
18    (Section scheduled to be repealed on December 31, 2029)
19    Sec. 4. Health Facilities and Services Review Board;

 

 

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1membership; appointment; term; compensation; quorum.
2    (a) There is created the Health Facilities and Services
3Review Board, which shall perform the functions described in
4this Act. The Department shall provide operational support to
5the Board as necessary, including the provision of office
6space, supplies, and clerical, financial, and accounting
7services. The Board may contract for functions or operational
8support as needed. The Board may also contract with experts
9related to specific health services or facilities and create
10technical advisory panels to assist in the development of
11criteria, standards, and procedures used in the evaluation of
12applications for permit and exemption.
13    (b) The State Board shall consist of 11 9 voting members.
14All members shall be residents of Illinois and at least 4 shall
15reside outside the Chicago Metropolitan Statistical Area.
16Consideration shall be given to potential appointees who
17reflect the ethnic and cultural diversity of the State. Neither
18Board members nor Board staff shall be convicted felons or have
19pled guilty to a felony.
20    Each member shall have a reasonable knowledge of the
21practice, procedures and principles of the health care delivery
22system in Illinois, including at least 5 members who shall be
23knowledgeable about health care delivery systems, health
24systems planning, finance, or the management of health care
25facilities currently regulated under the Act. One member shall
26be a representative of a non-profit health care consumer

 

 

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1advocacy organization. One member shall be a representative
2from the community with experience on the effects of
3discontinuing health care services or the closure of health
4care facilities on the surrounding community; provided,
5however, that all other members of the Board shall be appointed
6before this member shall be appointed. A spouse, parent,
7sibling, or child of a Board member cannot be an employee,
8agent, or under contract with services or facilities subject to
9the Act. Prior to appointment and in the course of service on
10the Board, members of the Board shall disclose the employment
11or other financial interest of any other relative of the
12member, if known, in service or facilities subject to the Act.
13Members of the Board shall declare any conflict of interest
14that may exist with respect to the status of those relatives
15and recuse themselves from voting on any issue for which a
16conflict of interest is declared. No person shall be appointed
17or continue to serve as a member of the State Board who is, or
18whose spouse, parent, sibling, or child is, a member of the
19Board of Directors of, has a financial interest in, or has a
20business relationship with a health care facility.
21    Notwithstanding any provision of this Section to the
22contrary, the term of office of each member of the State Board
23serving on the day before the effective date of this amendatory
24Act of the 96th General Assembly is abolished on the date upon
25which members of the 9-member Board, as established by this
26amendatory Act of the 96th General Assembly, have been

 

 

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1appointed and can begin to take action as a Board.
2    (c) The State Board shall be appointed by the Governor,
3with the advice and consent of the Senate. Not more than 6 5 of
4the appointments shall be of the same political party at the
5time of the appointment.
6    The Secretary of Human Services, the Director of Healthcare
7and Family Services, and the Director of Public Health, or
8their designated representatives, shall serve as ex-officio,
9non-voting members of the State Board.
10    (d) Of those 9 members initially appointed by the Governor
11following the effective date of this amendatory Act of the 96th
12General Assembly, 3 shall serve for terms expiring July 1,
132011, 3 shall serve for terms expiring July 1, 2012, and 3
14shall serve for terms expiring July 1, 2013. Thereafter, each
15appointed member shall hold office for a term of 3 years,
16provided that any member appointed to fill a vacancy occurring
17prior to the expiration of the term for which his or her
18predecessor was appointed shall be appointed for the remainder
19of such term and the term of office of each successor shall
20commence on July 1 of the year in which his predecessor's term
21expires. Each member shall hold office until his or her
22successor is appointed and qualified. The Governor may
23reappoint a member for additional terms, but no member shall
24serve more than 3 terms, subject to review and re-approval
25every 3 years.
26    (e) State Board members, while serving on business of the

 

 

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1State Board, shall receive actual and necessary travel and
2subsistence expenses while so serving away from their places of
3residence. Until March 1, 2010, a member of the State Board who
4experiences a significant financial hardship due to the loss of
5income on days of attendance at meetings or while otherwise
6engaged in the business of the State Board may be paid a
7hardship allowance, as determined by and subject to the
8approval of the Governor's Travel Control Board.
9    (f) The Governor shall designate one of the members to
10serve as the Chairman of the Board, who shall be a person with
11expertise in health care delivery system planning, finance or
12management of health care facilities that are regulated under
13the Act. The Chairman shall annually review Board member
14performance and shall report the attendance record of each
15Board member to the General Assembly.
16    (g) The State Board, through the Chairman, shall prepare a
17separate and distinct budget approved by the General Assembly
18and shall hire and supervise its own professional staff
19responsible for carrying out the responsibilities of the Board.
20    (h) The State Board shall meet at least every 45 days, or
21as often as the Chairman of the State Board deems necessary, or
22upon the request of a majority of the members.
23    (i) Six Five members of the State Board shall constitute a
24quorum. The affirmative vote of 6 5 of the members of the State
25Board shall be necessary for any action requiring a vote to be
26taken by the State Board. A vacancy in the membership of the

 

 

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1State Board shall not impair the right of a quorum to exercise
2all the rights and perform all the duties of the State Board as
3provided by this Act.
4    (j) A State Board member shall disqualify himself or
5herself from the consideration of any application for a permit
6or exemption in which the State Board member or the State Board
7member's spouse, parent, sibling, or child: (i) has an economic
8interest in the matter; or (ii) is employed by, serves as a
9consultant for, or is a member of the governing board of the
10applicant or a party opposing the application.
11    (k) The Chairman, Board members, and Board staff must
12comply with the Illinois Governmental Ethics Act.
13(Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)
 
14    (20 ILCS 3960/5.4)
15    (Section scheduled to be repealed on December 31, 2029)
16    Sec. 5.4. Safety Net Impact Statement.
17    (a) General review criteria shall include a requirement
18that all health care facilities, with the exception of skilled
19and intermediate long-term care facilities licensed under the
20Nursing Home Care Act, provide a Safety Net Impact Statement,
21which shall be filed with an application for a substantive
22project or when the application proposes to discontinue a
23category of service.
24    (b) For the purposes of this Section, "safety net services"
25are services provided by health care providers or organizations

 

 

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1that deliver health care services to persons with barriers to
2mainstream health care due to lack of insurance, inability to
3pay, special needs, ethnic or cultural characteristics, or
4geographic isolation. Safety net service providers include,
5but are not limited to, hospitals and private practice
6physicians that provide charity care, school-based health
7centers, migrant health clinics, rural health clinics,
8federally qualified health centers, community health centers,
9public health departments, and community mental health
10centers.
11    (c) As developed by the applicant, a Safety Net Impact
12Statement shall describe all of the following:
13        (1) The project's material impact, if any, on essential
14    safety net services in the community, including the impact
15    on racial and health care disparities in the community, to
16    the extent that it is feasible for an applicant to have
17    such knowledge.
18        (2) The project's impact on the ability of another
19    provider or health care system to cross-subsidize safety
20    net services, if reasonably known to the applicant.
21        (3) How the discontinuation of a facility or service
22    might impact the remaining safety net providers in a given
23    community, if reasonably known by the applicant.
24    (d) Safety Net Impact Statements shall also include all of
25the following:
26        (1) For the 3 fiscal years prior to the application, a

 

 

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1    certification describing the amount of charity care
2    provided by the applicant. The amount calculated by
3    hospital applicants shall be in accordance with the
4    reporting requirements for charity care reporting in the
5    Illinois Community Benefits Act. Non-hospital applicants
6    shall report charity care, at cost, in accordance with an
7    appropriate methodology specified by the Board.
8        (2) For the 3 fiscal years prior to the application, a
9    certification of the amount of care provided to Medicaid
10    patients. Hospital and non-hospital applicants shall
11    provide Medicaid information in a manner consistent with
12    the information reported each year to the State Board
13    regarding "Inpatients and Outpatients Served by Payor
14    Source" and "Inpatient and Outpatient Net Revenue by Payor
15    Source" as required by the Board under Section 13 of this
16    Act and published in the Annual Hospital Profile.
17        (3) Any information the applicant believes is directly
18    relevant to safety net services, including information
19    regarding teaching, research, and any other service.
20    (e) The Board staff shall publish a notice, that an
21application accompanied by a Safety Net Impact Statement has
22been filed, in a newspaper having general circulation within
23the area affected by the application. If no newspaper has a
24general circulation within the county, the Board shall post the
25notice in 5 conspicuous places within the proposed area.
26    (f) Any person, community organization, provider, or

 

 

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1health system or other entity wishing to comment upon or oppose
2the application may file a Safety Net Impact Statement Response
3with the Board, which shall provide additional information
4concerning a project's impact on safety net services in the
5community.
6    (g) Applicants shall be provided an opportunity to submit a
7reply to any Safety Net Impact Statement Response.
8    (h) The State Board Staff Report shall include a statement
9as to whether a Safety Net Impact Statement was filed by the
10applicant and whether it included information on charity care,
11the amount of care provided to Medicaid patients, and
12information on teaching, research, or any other service
13provided by the applicant directly relevant to safety net
14services. The report shall also indicate the names of the
15parties submitting responses and the number of responses and
16replies, if any, that were filed.
17(Source: P.A. 100-518, eff. 6-1-18.)
 
18    (20 ILCS 3960/8.7)
19    (Section scheduled to be repealed on December 31, 2029)
20    Sec. 8.7. Application for permit for discontinuation of a
21health care facility or category of service; public notice and
22public hearing.
23    (a) Upon a finding that an application to close a health
24care facility or discontinue a category of service is complete,
25the State Board shall publish a legal notice on 3 consecutive

 

 

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1days in a newspaper of general circulation in the area or
2community to be affected and afford the public an opportunity
3to request a hearing. If the application is for a facility
4located in a Metropolitan Statistical Area, an additional legal
5notice shall be published in a newspaper of limited
6circulation, if one exists, in the area in which the facility
7is located. If the newspaper of limited circulation is
8published on a daily basis, the additional legal notice shall
9be published on 3 consecutive days. The legal notice shall also
10be posted on the Health Facilities and Services Review Board's
11website and sent to the State Representative and State Senator
12of the district in which the health care facility is located.
13In addition, the health care facility shall provide notice of
14closure to the local media that the health care facility would
15routinely notify about facility events.
16    An application to close a health care facility shall only
17be deemed complete if it includes evidence that the health care
18facility provided written notice at least 30 days prior to
19filing the application of its intent to do so to the
20municipality in which it is located, the State Representative
21and State Senator of the district in which the health care
22facility is located, the State Board, the Director of Public
23Health, and the Director of Healthcare and Family Services. The
24changes made to this subsection by this amendatory Act of the
25101st 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    (b) No later than 30 days after issuance of a permit to
3close a health care facility or discontinue a category of
4service, the permit holder shall give written notice of the
5closure or discontinuation to the State Senator and State
6Representative serving the legislative district in which the
7health care facility is located.
8    (c)(1) If there is a pending lawsuit that challenges an
9application to discontinue a health care facility that either
10names the Board as a party or alleges fraud in the filing of
11the application, the Board may defer action on the application
12for up to 6 months after the date of the initial deferral of
13the application.
14    (2) The Board may defer action on an application to
15discontinue a hospital that is pending before the Board as of
16the effective date of this amendatory Act of the 101st General
17Assembly for up to 60 days after the effective date of this
18amendatory Act of the 101st General Assembly.
19    (3) The Board may defer taking final action on an
20application to discontinue a hospital that is filed on or after
21January 12, 2021, until the earlier to occur of: (i) the
22expiration of the statewide disaster declaration proclaimed by
23the Governor of the State of Illinois due to the COVID-19
24pandemic that is in effect on January 12, 2021, or any
25extension thereof, or July 1, 2021, whichever occurs later; or
26(ii) the expiration of the declaration of a public health

 

 

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1emergency due to the COVID-19 pandemic as declared by the
2Secretary of the U.S. Department of Health and Human Services
3that is in effect on January 12, 2021, or any extension
4thereof, or July 1, 2021, whichever occurs later. This
5paragraph (3) is repealed as of the date of the expiration of
6the statewide disaster declaration proclaimed by the Governor
7of the State of Illinois due to the COVID-19 pandemic that is
8in effect on January 12, 2021, or any extension thereof, or
9July 1, 2021, whichever occurs later.
10    (d) The changes made to this Section by this amendatory Act
11of the 101st General Assembly shall apply to all applications
12submitted after the effective date of this amendatory Act of
13the 101st General Assembly.
14(Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.)
 
15
Title VIII. Managed Care Organization Reform

 
16
Article 150.

 
17    Section 150-5. The Illinois Public Aid Code is amended by
18changing Section 5-30.1 as follows:
 
19    (305 ILCS 5/5-30.1)
20    Sec. 5-30.1. Managed care protections.
21    (a) As used in this Section:
22    "Managed care organization" or "MCO" means any entity which

 

 

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1contracts with the Department to provide services where payment
2for medical services is made on a capitated basis.
3    "Emergency services" include:
4        (1) emergency services, as defined by Section 10 of the
5    Managed Care Reform and Patient Rights Act;
6        (2) emergency medical screening examinations, as
7    defined by Section 10 of the Managed Care Reform and
8    Patient Rights Act;
9        (3) post-stabilization medical services, as defined by
10    Section 10 of the Managed Care Reform and Patient Rights
11    Act; and
12        (4) emergency medical conditions, as defined by
13    Section 10 of the Managed Care Reform and Patient Rights
14    Act.
15    (b) As provided by Section 5-16.12, managed care
16organizations are subject to the provisions of the Managed Care
17Reform and Patient Rights Act.
18    (c) An MCO shall pay any provider of emergency services
19that does not have in effect a contract with the contracted
20Medicaid MCO. The default rate of reimbursement shall be the
21rate paid under Illinois Medicaid fee-for-service program
22methodology, including all policy adjusters, including but not
23limited to Medicaid High Volume Adjustments, Medicaid
24Percentage Adjustments, Outpatient High Volume Adjustments,
25and all outlier add-on adjustments to the extent such
26adjustments are incorporated in the development of the

 

 

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1applicable MCO capitated rates.
2    (d) An MCO shall pay for all post-stabilization services as
3a covered service in any of the following situations:
4        (1) the MCO authorized such services;
5        (2) such services were administered to maintain the
6    enrollee's stabilized condition within one hour after a
7    request to the MCO for authorization of further
8    post-stabilization services;
9        (3) the MCO did not respond to a request to authorize
10    such services within one hour;
11        (4) the MCO could not be contacted; or
12        (5) the MCO and the treating provider, if the treating
13    provider is a non-affiliated provider, could not reach an
14    agreement concerning the enrollee's care and an affiliated
15    provider was unavailable for a consultation, in which case
16    the MCO must pay for such services rendered by the treating
17    non-affiliated provider until an affiliated provider was
18    reached and either concurred with the treating
19    non-affiliated provider's plan of care or assumed
20    responsibility for the enrollee's care. Such payment shall
21    be made at the default rate of reimbursement paid under
22    Illinois Medicaid fee-for-service program methodology,
23    including all policy adjusters, including but not limited
24    to Medicaid High Volume Adjustments, Medicaid Percentage
25    Adjustments, Outpatient High Volume Adjustments and all
26    outlier add-on adjustments to the extent that such

 

 

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1    adjustments are incorporated in the development of the
2    applicable MCO capitated rates.
3    (e) The following requirements apply to MCOs in determining
4payment for all emergency services:
5        (1) MCOs shall not impose any requirements for prior
6    approval of emergency services.
7        (2) The MCO shall cover emergency services provided to
8    enrollees who are temporarily away from their residence and
9    outside the contracting area to the extent that the
10    enrollees would be entitled to the emergency services if
11    they still were within the contracting area.
12        (3) The MCO shall have no obligation to cover medical
13    services provided on an emergency basis that are not
14    covered services under the contract.
15        (4) The MCO shall not condition coverage for emergency
16    services on the treating provider notifying the MCO of the
17    enrollee's screening and treatment within 10 days after
18    presentation for emergency services.
19        (5) The determination of the attending emergency
20    physician, or the provider actually treating the enrollee,
21    of whether an enrollee is sufficiently stabilized for
22    discharge or transfer to another facility, shall be binding
23    on the MCO. The MCO shall cover emergency services for all
24    enrollees whether the emergency services are provided by an
25    affiliated or non-affiliated provider.
26        (6) The MCO's financial responsibility for

 

 

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1    post-stabilization care services it has not pre-approved
2    ends when:
3            (A) a plan physician with privileges at the
4        treating hospital assumes responsibility for the
5        enrollee's care;
6            (B) a plan physician assumes responsibility for
7        the enrollee's care through transfer;
8            (C) a contracting entity representative and the
9        treating physician reach an agreement concerning the
10        enrollee's care; or
11            (D) the enrollee is discharged.
12    (f) Network adequacy and transparency.
13        (1) The Department shall:
14            (A) ensure that an adequate provider network is in
15        place, taking into consideration health professional
16        shortage areas and medically underserved areas;
17            (B) publicly release an explanation of its process
18        for analyzing network adequacy;
19            (C) periodically ensure that an MCO continues to
20        have an adequate network in place; and
21            (D) require MCOs, including Medicaid Managed Care
22        Entities as defined in Section 5-30.2, to meet provider
23        directory requirements under Section 5-30.3; and .
24            (E) require MCOs to ensure that any
25        Medicaid-certified provider under contract with an MCO
26        and previously submitted on a roster on the date of

 

 

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1        service is paid for any medically necessary,
2        Medicaid-covered, and authorized service rendered to
3        any of the MCO's enrollees, regardless of inclusion on
4        the MCO's published and publicly available directory
5        of available providers.
6        (2) Each MCO shall confirm its receipt of information
7    submitted specific to physician or dentist additions or
8    physician or dentist deletions from the MCO's provider
9    network within 3 days after receiving all required
10    information from contracted physicians or dentists, and
11    electronic physician and dental directories must be
12    updated consistent with current rules as published by the
13    Centers for Medicare and Medicaid Services or its successor
14    agency.
15    (g) Timely payment of claims.
16        (1) The MCO shall pay a claim within 30 days of
17    receiving a claim that contains all the essential
18    information needed to adjudicate the claim.
19        (2) The MCO shall notify the billing party of its
20    inability to adjudicate a claim within 30 days of receiving
21    that claim.
22        (3) The MCO shall pay a penalty that is at least equal
23    to the timely payment interest penalty imposed under
24    Section 368a of the Illinois Insurance Code for any claims
25    not timely paid.
26            (A) When an MCO is required to pay a timely payment

 

 

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1        interest penalty to a provider, the MCO must calculate
2        and pay the timely payment interest penalty that is due
3        to the provider within 30 days after the payment of the
4        claim. In no event shall a provider be required to
5        request or apply for payment of any owed timely payment
6        interest penalties.
7            (B) Such payments shall be reported separately
8        from the claim payment for services rendered to the
9        MCO's enrollee and clearly identified as interest
10        payments.
11        (4)(A) The Department shall require MCOs to expedite
12    payments to providers identified on the Department's
13    expedited provider list, determined in accordance with 89
14    Ill. Adm. Code 140.71(b), on a schedule at least as
15    frequently as the providers are paid under the Department's
16    fee-for-service expedited provider schedule.
17            (B) Compliance with the expedited provider
18        requirement may be satisfied by an MCO through the use
19        of a Periodic Interim Payment (PIP) program that has
20        been mutually agreed to and documented between the MCO
21        and the provider, if and the PIP program ensures that
22        any expedited provider receives regular and periodic
23        payments based on prior period payment experience from
24        that MCO. Total payments under the PIP program may be
25        reconciled against future PIP payments on a schedule
26        mutually agreed to between the MCO and the provider.

 

 

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1            (C) The Department shall share at least monthly its
2        expedited provider list and the frequency with which it
3        pays providers on the expedited list.
4    (g-5) Recognizing that the rapid transformation of the
5Illinois Medicaid program may have unintended operational
6challenges for both payers and providers:
7        (1) in no instance shall a medically necessary covered
8    service rendered in good faith, based upon eligibility
9    information documented by the provider, be denied coverage
10    or diminished in payment amount if the eligibility or
11    coverage information available at the time the service was
12    rendered is later found to be inaccurate in the assignment
13    of coverage responsibility between MCOs or the
14    fee-for-service system, except for instances when an
15    individual is deemed to have not been eligible for coverage
16    under the Illinois Medicaid program; and
17        (2) the Department shall, by December 31, 2016, adopt
18    rules establishing policies that shall be included in the
19    Medicaid managed care policy and procedures manual
20    addressing payment resolutions in situations in which a
21    provider renders services based upon information obtained
22    after verifying a patient's eligibility and coverage plan
23    through either the Department's current enrollment system
24    or a system operated by the coverage plan identified by the
25    patient presenting for services:
26            (A) such medically necessary covered services

 

 

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1        shall be considered rendered in good faith;
2            (B) such policies and procedures shall be
3        developed in consultation with industry
4        representatives of the Medicaid managed care health
5        plans and representatives of provider associations
6        representing the majority of providers within the
7        identified provider industry; and
8            (C) such rules shall be published for a review and
9        comment period of no less than 30 days on the
10        Department's website with final rules remaining
11        available on the Department's website.
12    The rules on payment resolutions shall include, but not be
13limited to:
14        (A) the extension of the timely filing period;
15        (B) retroactive prior authorizations; and
16        (C) guaranteed minimum payment rate of no less than the
17    current, as of the date of service, fee-for-service rate,
18    plus all applicable add-ons, when the resulting service
19    relationship is out of network.
20    The rules shall be applicable for both MCO coverage and
21fee-for-service coverage.
22    If the fee-for-service system is ultimately determined to
23have been responsible for coverage on the date of service, the
24Department shall provide for an extended period for claims
25submission outside the standard timely filing requirements.
26    (g-6) MCO Performance Metrics Report.

 

 

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1        (1) The Department shall publish, on at least a
2    quarterly basis, each MCO's operational performance,
3    including, but not limited to, the following categories of
4    metrics:
5            (A) claims payment, including timeliness and
6        accuracy;
7            (B) prior authorizations;
8            (C) grievance and appeals;
9            (D) utilization statistics;
10            (E) provider disputes;
11            (F) provider credentialing; and
12            (G) member and provider customer service.
13        (2) The Department shall ensure that the metrics report
14    is accessible to providers online by January 1, 2017.
15        (3) The metrics shall be developed in consultation with
16    industry representatives of the Medicaid managed care
17    health plans and representatives of associations
18    representing the majority of providers within the
19    identified industry.
20        (4) Metrics shall be defined and incorporated into the
21    applicable Managed Care Policy Manual issued by the
22    Department.
23    (g-7) MCO claims processing and performance analysis. In
24order to monitor MCO payments to hospital providers, pursuant
25to this amendatory Act of the 100th General Assembly, the
26Department shall post an analysis of MCO claims processing and

 

 

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1payment performance on its website every 6 months. Such
2analysis shall include a review and evaluation of a
3representative sample of hospital claims that are rejected and
4denied for clean and unclean claims and the top 5 reasons for
5such actions and timeliness of claims adjudication, which
6identifies the percentage of claims adjudicated within 30, 60,
790, and over 90 days, and the dollar amounts associated with
8those claims. The Department shall post the contracted claims
9report required by HealthChoice Illinois on its website every 3
10months.
11    (g-8) Dispute resolution process. The Department shall
12maintain a provider complaint portal through which a provider
13can submit to the Department unresolved disputes with an MCO.
14An unresolved dispute means an MCO's decision that denies in
15whole or in part a claim for reimbursement to a provider for
16health care services rendered by the provider to an enrollee of
17the MCO with which the provider disagrees. Disputes shall not
18be submitted to the portal until the provider has availed
19itself of the MCO's internal dispute resolution process.
20Disputes that are submitted to the MCO internal dispute
21resolution process may be submitted to the Department of
22Healthcare and Family Services' complaint portal no sooner than
2330 days after submitting to the MCO's internal process and not
24later than 30 days after the unsatisfactory resolution of the
25internal MCO process or 60 days after submitting the dispute to
26the MCO internal process. Multiple claim disputes involving the

 

 

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1same MCO may be submitted in one complaint, regardless of
2whether the claims are for different enrollees, when the
3specific reason for non-payment of the claims involves a common
4question of fact or policy. Within 10 business days of receipt
5of a complaint, the Department shall present such disputes to
6the appropriate MCO, which shall then have 30 days to issue its
7written proposal to resolve the dispute. The Department may
8grant one 30-day extension of this time frame to one of the
9parties to resolve the dispute. If the dispute remains
10unresolved at the end of this time frame or the provider is not
11satisfied with the MCO's written proposal to resolve the
12dispute, the provider may, within 30 days, request the
13Department to review the dispute and make a final
14determination. Within 30 days of the request for Department
15review of the dispute, both the provider and the MCO shall
16present all relevant information to the Department for
17resolution and make individuals with knowledge of the issues
18available to the Department for further inquiry if needed.
19Within 30 days of receiving the relevant information on the
20dispute, or the lapse of the period for submitting such
21information, the Department shall issue a written decision on
22the dispute based on contractual terms between the provider and
23the MCO, contractual terms between the MCO and the Department
24of Healthcare and Family Services and applicable Medicaid
25policy. The decision of the Department shall be final. By
26January 1, 2020, the Department shall establish by rule further

 

 

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1details of this dispute resolution process. Disputes between
2MCOs and providers presented to the Department for resolution
3are not contested cases, as defined in Section 1-30 of the
4Illinois Administrative Procedure Act, conferring any right to
5an administrative hearing.
6    (g-9)(1) The Department shall publish annually on its
7website a report on the calculation of each managed care
8organization's medical loss ratio showing the following:
9        (A) Premium revenue, with appropriate adjustments.
10        (B) Benefit expense, setting forth the aggregate
11    amount spent for the following:
12            (i) Direct paid claims.
13            (ii) Subcapitation payments.
14            (iii) Other claim payments.
15            (iv) Direct reserves.
16            (v) Gross recoveries.
17            (vi) Expenses for activities that improve health
18        care quality as allowed by the Department.
19    (2) The medical loss ratio shall be calculated consistent
20with federal law and regulation following a claims runout
21period determined by the Department.
22    (g-10)(1) "Liability effective date" means the date on
23which an MCO becomes responsible for payment for medically
24necessary and covered services rendered by a provider to one of
25its enrollees in accordance with the contract terms between the
26MCO and the provider. The liability effective date shall be the

 

 

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1later of:
2        (A) The execution date of a network participation
3    contract agreement.
4        (B) The date the provider or its representative submits
5    to the MCO the complete and accurate standardized roster
6    form for the provider in the format approved by the
7    Department.
8        (C) The provider effective date contained within the
9    Department's provider enrollment subsystem within the
10    Illinois Medicaid Program Advanced Cloud Technology
11    (IMPACT) System.
12    (2) The standardized roster form may be submitted to the
13MCO at the same time that the provider submits an enrollment
14application to the Department through IMPACT.
15    (3) By October 1, 2019, the Department shall require all
16MCOs to update their provider directory with information for
17new practitioners of existing contracted providers within 30
18days of receipt of a complete and accurate standardized roster
19template in the format approved by the Department provided that
20the provider is effective in the Department's provider
21enrollment subsystem within the IMPACT system. Such provider
22directory shall be readily accessible for purposes of selecting
23an approved health care provider and comply with all other
24federal and State requirements.
25    (g-11) The Department shall work with relevant
26stakeholders on the development of operational guidelines to

 

 

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1enhance and improve operational performance of Illinois'
2Medicaid managed care program, including, but not limited to,
3improving provider billing practices, reducing claim
4rejections and inappropriate payment denials, and
5standardizing processes, procedures, definitions, and response
6timelines, with the goal of reducing provider and MCO
7administrative burdens and conflict. The Department shall
8include a report on the progress of these program improvements
9and other topics in its Fiscal Year 2020 annual report to the
10General Assembly.
11    (g-12) Notwithstanding any other provision of law, if the
12Department or an MCO requires submission of a claim for payment
13in a non-electronic format, a provider shall always be afforded
14a period of no less than 90 business days, as a correction
15period, following any notification of rejection by either the
16Department or the MCO to correct errors or omissions in the
17original submission.
18    Under no circumstances, either by an MCO or under the
19State's fee-for-service system, shall a provider be denied
20payment for failure to comply with any timely submission
21requirements under this Code or under any existing contract,
22unless the non-electronic format claim submission occurs after
23the initial 180 days following the latest date of service on
24the claim, or after the 90 business days correction period
25following notification to the provider of rejection or denial
26of payment.

 

 

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1    (h) The Department shall not expand mandatory MCO
2enrollment into new counties beyond those counties already
3designated by the Department as of June 1, 2014 for the
4individuals whose eligibility for medical assistance is not the
5seniors or people with disabilities population until the
6Department provides an opportunity for accountable care
7entities and MCOs to participate in such newly designated
8counties.
9    (i) The requirements of this Section apply to contracts
10with accountable care entities and MCOs entered into, amended,
11or renewed after June 16, 2014 (the effective date of Public
12Act 98-651).
13    (j) Health care information released to managed care
14organizations. A health care provider shall release to a
15Medicaid managed care organization, upon request, and subject
16to the Health Insurance Portability and Accountability Act of
171996 and any other law applicable to the release of health
18information, the health care information of the MCO's enrollee,
19if the enrollee has completed and signed a general release form
20that grants to the health care provider permission to release
21the recipient's health care information to the recipient's
22insurance carrier.
23    (k) The Department of Healthcare and Family Services,
24managed care organizations, a statewide organization
25representing hospitals, and a statewide organization
26representing safety-net hospitals shall explore ways to

 

 

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1support billing departments in safety-net hospitals.
2    (l) The requirements of this Section added by this
3amendatory Act of the 101st General Assembly shall apply to
4services provided on or after the first day of the month that
5begins 60 days after the effective date of this amendatory Act
6of the 101st General Assembly.
7(Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18;
8100-587, eff. 6-4-18; 101-209, eff. 8-5-19.)
 
9
Article 155.

 
10    Section 155-5. The Illinois Public Aid Code is amended by
11adding Section 5-30.17 as follows:
 
12    (305 ILCS 5/5-30.17 new)
13    Sec. 5-30.17. Medicaid Managed Care Oversight Commission.
14    (a) The Medicaid Managed Care Oversight Commission is
15created within the Department of Healthcare and Family Services
16to evaluate the effectiveness of Illinois' managed care
17program.
18    (b) The Commission shall consist of the following members:
19   &n