Rep. Camille Y. Lilly

Filed: 1/12/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 558

2    AMENDMENT NO. ______. Amend Senate Bill 558, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"Title I. General Provisions

 
6
Article 1.

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

 

 

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

 

 

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1operations.
2    Prior to COVID-19, much of the social and political
3attention surrounding the nationwide opioid epidemic focused
4on the increase in overdose deaths among white, middle-class,
5suburban and rural users; the impact of the epidemic in Black
6communities was largely unrecognized. Research has shown rates
7of opioid use at the national scale are higher for whites than
8they are for Blacks, yet rates of opioid deaths are higher
9among Blacks (43%) than whites (22%). The COVID-19 pandemic
10will likely exacerbate this situation due to job loss,
11stay-at-home orders, and ongoing mitigation efforts creating a
12lack of physical access to addiction support and harm reduction
13groups.
14    In 2018, the Illinois Department of Public Health reported
15that Black women were about 6 times as likely to die from a
16pregnancy-related cause as white women. Of those, 72% of
17pregnancy-related deaths and 93% of violent
18pregnancy-associated deaths were deemed preventable. Between
192016 and 2017, Black women had the highest rate of severe
20maternal morbidity with a rate of 101.5 per 10,000 deliveries,
21which is almost 3 times as high as the rate for white women.
22    In the City of Chicago, African American and Latinx
23populations are suffering from higher rates of AIDS/HIV
24compared to the general population. Recent data places HIV as
25one of the top 5 leading causes of death in African American
26women between the ages of 35 to 44 and the seventh ranking

 

 

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1cause in African American women between the ages of 20 to 34.
2Among the Latinx population, nearly 20% with HIV exclusively
3depend on indigenous-led and staffed organizations for
4services.
5    Cardiovascular disease (CVD) accounts for more deaths in
6Illinois than any other cause of death, according to the
7Illinois Department of Public Health; CVD is the leading cause
8of death among Black residents. According to the Kaiser Family
9Foundation (KFF), for every 100,000 people, 224 Black
10Illinoisans die of CVD compared to 158 white Illinoisans.
11Cancer, the second leading cause of death in Illinois, too is
12pervasive among African Americans. In 2019, an estimated
13606,880 Americans, or 1,660 people a day, died of cancer; the
14American Cancer Society estimated 24,410 deaths occurred in
15Illinois. KFF estimates that, out of every 100,000 people, 191
16Black Illinoisans die of cancer compared to 152 white
17Illinoisans.
18    Black Americans suffer at much higher rates from chronic
19diseases, including diabetes, hypertension, heart disease,
20asthma, and many cancers. Utilizing community health workers in
21patient education and chronic disease management is needed to
22close these health disparities. Studies have shown that
23diabetes patients in the care of a community health worker
24demonstrate improved knowledge and lifestyle and
25self-management behaviors, as well as decreases in the use of
26the emergency department. A study of asthma control among black

 

 

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1adolescents concluded that asthma control was reduced by 35%
2among adolescents working with community health workers,
3resulting in a savings of $5.58 per dollar spent on the
4intervention. A study of the return on investment for community
5health workers employed in Colorado showed that, after a
69-month period, patients working with community health workers
7had an increased number of primary care visits and a decrease
8in urgent and inpatient care. Utilization of community health
9workers led to a $2.38 return on investment for every dollar
10invested in community health workers.
11    Adverse childhood experiences (ACEs) are traumatic
12experiences occurring during childhood that have been found to
13have a profound effect on a child's developing brain structure
14and body which may result in poor health during a person's
15adulthood. ACEs studies have found a strong correlation between
16the number of ACEs and a person's risk for disease and negative
17health behaviors, including suicide, depression, cancer,
18stroke, ischemic heart disease, diabetes, autoimmune disease,
19smoking, substance abuse, interpersonal violence, obesity,
20unplanned pregnancies, lower educational achievement,
21workplace absenteeism, and lower wages. Data also shows that
22approximately 20% of African American and Hispanic adults in
23Illinois reported 4 or more ACEs, compared to 13% of
24non-Hispanic whites. Long-standing ACE interventions include
25tools such as trauma-informed care. Trauma-informed care has
26been promoted and established in communities across the country

 

 

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1on a bipartisan basis, including in the states of California,
2Florida, Massachusetts, Missouri, Oregon, Pennsylvania,
3Washington, and Wisconsin. Several federal agencies have
4integrated trauma-informed approaches in their programs and
5grants which should be leveraged by the State.
6    According to a 2019 Rush University report, a Black
7person's life expectancy on average is less when compared to a
8white person's life expectancy. For instance, when comparing
9life expectancy in Chicago's Austin neighborhood to the Chicago
10Loop, there is a difference of 11 years between Black life
11expectancy (71 years) and white life expectancy (82 years).
12    In a 2015 literature review of implicit racial and ethnic
13bias among medical professionals, it was concluded that there
14is a moderate level of implicit bias in most medical
15professionals. Further, the literature review showed that
16implicit bias has negative consequences for patients,
17including strained patient relationships and negative health
18outcomes. It is critical for medical professionals to be aware
19of implicit racial and ethnic bias and work to eliminate bias
20through training.
21    In the field of medicine, a historically racist profession,
22Black medical professionals have commonly been ostracized. In
231934, Dr. Roland B. Scott was the first African American to
24pass the pediatric board exam, yet when he applied for
25membership with the American Academy of Pediatrics he was
26rejected multiple times. Few medical organizations have

 

 

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1confronted the roles they played in blocking opportunities for
2Black advancement in the medical profession until the formal
3apologies of the American Medical Association in 2008. For
4decades, organizations like the AMA predicated their
5membership on joining a local state medical society, several of
6which excluded Black physicians.
7    In 2010, the General Assembly, in partnership with
8Treatment Alternatives for Safe Communities, published the
9Disproportionate Justice Impact Study. The study examined the
10impact of Illinois drug laws on racial and ethnic groups and
11the resulting over-representation of racial and ethic minority
12groups in the Illinois criminal justice system. Unsurprisingly
13and disappointingly, the study confirmed decades long
14injustices, such as nonwhites being arrested at a higher rate
15than whites relative to their representation in the general
16population throughout Illinois.
17    All together, the above mentioned only begins to capture a
18part of a larger system of racial injustices and inequities.
19The General Assembly and the people of Illinois are urged to
20recognize while racism is a core fault of the current health
21and human service system, that it is a pervasive disease
22affecting a multiplitude of institutions which truly drive
23systematic health inequities: education, child care, criminal
24justice, affordable housing, environmental justice, and job
25security and so forth. For persons to live up to their full
26human potential, their rights to quality of life, health care,

 

 

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1a quality job, a fair wage, housing, and education must not be
2inhibited.
3    Therefore, the Illinois Legislative Black Caucus, as
4informed by the Senate's Health and Human Service Pillar
5subject matter hearings, seeks to remedy a fraction of a much
6larger broken system by addressing access to health care,
7hospital closures, managed care organization reform, community
8health worker certification, maternal and infant mortality,
9mental and substance abuse treatment, hospital reform, and
10medical implicit bias in the Illinois Health Care and Human
11Service Reform Act. This Act shall achieve needed change
12through the use of, but not limited to, the Medicaid Managed
13Care Oversight Commission, the Health and Human Services Task
14Force, and a hospital closure moratorium, in order to address
15Illinois' long-standing health inequities.
 
16
Title II. Community Health Workers

 
17
Article 5.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1for persons who are otherwise eligible for medical assistance.
2The Department of Healthcare and Family Services shall develop
3services, including but not limited to, care coordination and
4diagnostic-related patient services, for which community
5health workers will be eligible for reimbursement and shall
6request approval from the federal Centers for Medicare and
7Medicaid Services to reimburse community health worker
8services under the medical assistance program. Certification
9shall not be required for reimbursement. In addition, the
10Department of Healthcare and Family Services shall amend its
11contracts with managed care entities to allow managed care
12entities to employ community health workers or subcontract with
13community-based organizations that employ community health
14workers.
 
15    Section 5-25. Rules. The Department of Public Health and
16the Department of Healthcare and Family Services may adopt
17rules for the implementation and administration of this Act.
 
18
Title III. Hospital Reform

 
19
Article 10.

 
20    Section 10-5. The Hospital Licensing Act is amended by
21changing Section 10.4 as follows:
 

 

 

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1    (210 ILCS 85/10.4)  (from Ch. 111 1/2, par. 151.4)
2    Sec. 10.4. Medical staff privileges.
3    (a) Any hospital licensed under this Act or any hospital
4organized under the University of Illinois Hospital Act shall,
5prior to the granting of any medical staff privileges to an
6applicant, or renewing a current medical staff member's
7privileges, request of the Director of Professional Regulation
8information concerning the licensure status, proper
9credentials, required certificates, and any disciplinary
10action taken against the applicant's or medical staff member's
11license, except: (1) for medical personnel who enter a hospital
12to obtain organs and tissues for transplant from a donor in
13accordance with the Illinois Anatomical Gift Act; or (2) for
14medical personnel who have been granted disaster privileges
15pursuant to the procedures and requirements established by
16rules adopted by the Department. Any hospital and any employees
17of the hospital or others involved in granting privileges who,
18in good faith, grant disaster privileges pursuant to this
19Section to respond to an emergency shall not, as a result of
20their acts or omissions, be liable for civil damages for
21granting or denying disaster privileges except in the event of
22willful and wanton misconduct, as that term is defined in
23Section 10.2 of this Act. Individuals granted privileges who
24provide care in an emergency situation, in good faith and
25without direct compensation, shall not, as a result of their
26acts or omissions, except for acts or omissions involving

 

 

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

 

 

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

 

 

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

 

 

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1            hospital's or medical staff's right to summarily
2            suspend, without a prior hearing, a person's
3            medical staff membership or clinical privileges if
4            the continuation of practice of a medical staff
5            member constitutes an immediate danger to the
6            public, including patients, visitors, and hospital
7            employees and staff. In the event that a hospital
8            or the medical staff imposes a summary suspension,
9            the Medical Executive Committee, or other
10            comparable governance committee of the medical
11            staff as specified in the bylaws, must meet as soon
12            as is reasonably possible to review the suspension
13            and to recommend whether it should be affirmed,
14            lifted, expunged, or modified if the suspended
15            physician requests such review. A summary
16            suspension may not be implemented unless there is
17            actual documentation or other reliable information
18            that an immediate danger exists. This
19            documentation or information must be available at
20            the time the summary suspension decision is made
21            and when the decision is reviewed by the Medical
22            Executive Committee. If the Medical Executive
23            Committee recommends that the summary suspension
24            should be lifted, expunged, or modified, this
25            recommendation must be reviewed and considered by
26            the hospital governing board, or a committee of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        "Privilege" means permission to provide medical or
2    other patient care services and permission to use hospital
3    resources, including equipment, facilities and personnel
4    that are necessary to effectively provide medical or other
5    patient care services. This definition shall not be
6    construed to require a hospital to acquire additional
7    equipment, facilities, or personnel to accommodate the
8    granting of privileges.
9        (5) Any amendment to medical staff bylaws required
10    because of this amendatory Act of the 91st General Assembly
11    shall be adopted on or before July 1, 2001.
12    (c) All hospitals shall consult with the medical staff
13prior to closing membership in the entire or any portion of the
14medical staff or a department. If the hospital closes
15membership in the medical staff, any portion of the medical
16staff, or the department over the objections of the medical
17staff, then the hospital shall provide a detailed written
18explanation for the decision to the medical staff 10 days prior
19to the effective date of any closure. No applications need to
20be provided when membership in the medical staff or any
21relevant portion of the medical staff is closed.
22(Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)
 
23
Article 15.

 
24    Section 15-3. The Illinois Health Finance Reform Act is

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10100SB0558ham004- 31 -LRB101 04319 CPF 74859 a

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

 

 

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

 

 

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

 

 

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197-813, eff. 7-13-12.)
 
2    (210 ILCS 85/11.5)
3    Sec. 11.5. Uniform standards of obstetrical care
4regardless of ability to pay.
5    (a) No hospital may promulgate policies or implement
6practices that determine differing standards of obstetrical
7care based upon a patient's source of payment or ability to pay
8for medical services.
9    (b) Each hospital shall develop a written policy statement
10reflecting the requirements of subsection (a) and shall post,
11either by physical or electronic means, written notices of this
12policy in the obstetrical admitting areas of the hospital by
13July 1, 2004. Notices posted pursuant to this Section shall be
14posted in the predominant language or languages spoken in the
15hospital's service area.
16(Source: P.A. 93-981, eff. 8-23-04.)
 
17    Section 15-10. The Language Assistance Services Act is
18amended by changing Section 15 as follows:
 
19    (210 ILCS 87/15)
20    Sec. 15. Language assistance services.
21    (a) To ensure access to health care information and
22services for limited-English-speaking or non-English-speaking
23residents and deaf residents, a health facility must do the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    accordance with Section 8-2001 of the Code of Civil
2    Procedure.
3        (12) The right to receive information in a language in
4    which she can communicate in accordance with federal law.
5        (13) The right to receive emotional and physical
6    support during labor and birth.
7        (14) The right to freedom of movement during labor and
8    to give birth in the position of her choice, within
9    generally accepted medical standards.
10        (15) The right to contact with her newborn, except
11    where necessary care must be provided to the mother or
12    infant.
13        (16) The right to receive information about
14    breastfeeding.
15        (17) The right to decide collaboratively with
16    caregivers when she and her baby will leave the birth site
17    for home, based on their conditions and circumstances.
18        (18) The right to be treated with respect at all times
19    before, during, and after pregnancy by her health care
20    professionals.
21        (19) The right of each patient, regardless of source of
22    payment, to examine and receive a reasonable explanation of
23    her total bill for services rendered by her maternity care
24    professional or health care provider, including itemized
25    charges for specific services received. Each maternity
26    care professional or health care provider shall be

 

 

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1    responsible only for a reasonable explanation of those
2    specific services provided by the maternity care
3    professional or health care provider.
4    (b) The Department of Public Health, Department of
5Healthcare and Family Services, Department of Children and
6Family Services, and Department of Human Services shall post,
7either by physical or electronic means, information about these
8rights on their publicly available websites. Every health care
9provider, day care center licensed under the Child Care Act of
101969, Head Start, and community center shall post information
11about these rights in a prominent place and on their websites,
12if applicable.
13    (c) The Department of Public Health shall adopt rules to
14implement this Section.
15    (d) Nothing in this Section or any rules adopted under
16subsection (c) shall be construed to require a physician,
17health care professional, hospital, hospital affiliate, or
18health care provider to provide care inconsistent with
19generally accepted medical standards or available capabilities
20or resources.
21(Source: P.A. 101-445, eff. 1-1-20.)
 
22    (410 ILCS 50/5.2)
23    Sec. 5.2. Emergency room anti-discrimination notice. Every
24hospital shall post, either by physical or electronic means, a
25sign next to or in close proximity of its sign required by

 

 

10100SB0558ham004- 43 -LRB101 04319 CPF 74859 a

1Section 489.20 (q)(1) of Title 42 of the Code of Federal
2Regulations stating the following:
3    "You have the right not to be discriminated against by the
4hospital due to your race, color, or national origin if these
5characteristics are unrelated to your diagnosis or treatment.
6If you believe this right has been violated, please call
7(insert number for hospital grievance officer).".
8(Source: P.A. 97-485, eff. 8-22-11.)
 
9    Section 15-20. The Smoke Free Illinois Act is amended by
10changing Section 20 as follows:
 
11    (410 ILCS 82/20)
12    Sec. 20. Posting of signs; removal of ashtrays.
13    (a) "No Smoking" signs or the international "No Smoking"
14symbol, consisting of a pictorial representation of a burning
15cigarette enclosed in a red circle with a red bar across it,
16shall be clearly and conspicuously posted in each public place
17and place of employment where smoking is prohibited by this Act
18by the owner, operator, manager, or other person in control of
19that place. When the public place or place of employment is a
20health care facility, the "No Smoking" sign or symbol may be
21posted by electronic means.
22    (b) Each public place and place of employment where smoking
23is prohibited by this Act shall have posted at every entrance a
24conspicuous sign clearly stating that smoking is prohibited.

 

 

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1When the public place or place of employment is a health care
2facility, the sign may be posted by electronic means.
3    (c) All ashtrays shall be removed from any area where
4smoking is prohibited by this Act by the owner, operator,
5manager, or other person having control of the area.
6(Source: P.A. 95-17, eff. 1-1-08.)
 
7    Section 15-25. The Abandoned Newborn Infant Protection Act
8is amended by changing Section 22 as follows:
 
9    (325 ILCS 2/22)
10    Sec. 22. Signs. Every hospital, fire station, emergency
11medical facility, and police station that is required to accept
12a relinquished newborn infant in accordance with this Act must
13post, either by physical or electronic means, a sign in a
14conspicuous place on the exterior of the building housing the
15facility informing persons that a newborn infant may be
16relinquished at the facility in accordance with this Act. The
17Department shall prescribe specifications for the signs and for
18their placement that will ensure statewide uniformity.
19    This Section does not apply to a hospital, fire station,
20emergency medical facility, or police station that has a sign
21that is consistent with the requirements of this Section that
22is posted on the effective date of this amendatory Act of the
2395th General Assembly.
24(Source: P.A. 95-275, eff. 8-17-07.)
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1of Human Services under Section 15 that complies with the
2requirements of this Act in a conspicuous and accessible place
3chosen by the administrator in the administrative office or
4another location in view of school employees. School districts
5and personnel are not subject to the penalties provided under
6subsection (a) of Section 20.
7    (f) The owner of an establishment registered under the
8Tattoo and Body Piercing Establishment Registration Act shall
9post a notice that complies with the requirements of this Act
10in a conspicuous and accessible place in clear view of
11establishment employees.
12(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17; 100-671,
13eff. 1-1-19.)
 
14    (775 ILCS 50/10)
15    Sec. 10. Form of posted notice.
16    (a) The notice required under this Act shall be at least 8
171/2 inches by 11 inches in size, written in a 16-point font,
18except that when the notice is provided by electronic means the
19size of the notice and font shall not be required to comply
20with these specifications, and shall state the following:
 
21"If you or someone you know is being forced to engage in any
22activity and cannot leave, whether it is commercial sex,
23housework, farm work, construction, factory, retail, or
24restaurant work, or any other activity, call the National Human

 

 

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1Trafficking Resource Center at 1-888-373-7888 to access help
2and services.
 
3Victims of slavery and human trafficking are protected under
4United States and Illinois law. The hotline is:
5        * Available 24 hours a day, 7 days a week.
6        * Toll-free.
7        * Operated by nonprofit nongovernmental organizations.
8        * Anonymous and confidential.
9        * Accessible in more than 160 languages.
10        * Able to provide help, referral to services, training,
11    and general information.".
 
12    (b) The notice shall be printed in English, Spanish, and in
13one other language that is the most widely spoken language in
14the county where the establishment is located and for which
15translation is mandated by the federal Voting Rights Act, as
16applicable. This subsection does not require a business or
17other establishment in a county where a language other than
18English or Spanish is the most widely spoken language to print
19the notice in more than one language in addition to English and
20Spanish.
21(Source: P.A. 99-99, eff. 1-1-16.)
 
22
Article 20.

 

 

 

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1    Section 20-5. The University of Illinois Hospital Act is
2amended by adding Section 8d as follows:
 
3    (110 ILCS 330/8d new)
4    Sec. 8d. N95 masks. The University of Illinois Hospital
5shall provide N95 masks to physicians licensed under the
6Medical Practice Act of 1987, registered nurses and advanced
7practice registered nurses licensed under the Nurse Licensing
8Act, and other employees, to the extent the hospital determines
9that the physician, registered nurse, advanced practice
10registered nurse, or other employee is required to have such a
11mask to serve patients of the hospital, in accordance with the
12policies, guidance, and recommendations of State and federal
13public health and infection control authorities and taking into
14consideration the limitations on access to N95 masks caused by
15disruptions in local, State, national, and international
16supply chains; however, nothing in this Section shall be
17construed to impose any new duty or obligation on the hospital
18that is greater than that imposed under State and federal laws
19in effect on the effective date of this amendatory Act of the
20101st General Assembly. This Section is repealed on December
2131, 2021.
 
22    Section 20-10. The Hospital Licensing Act is amended by
23adding Section 6.28 as follows:
 

 

 

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1    (210 ILCS 85/6.28 new)
2    Sec. 6.28. N95 masks. A hospital licensed under this Act
3shall provide N95 masks to physicians licensed under the
4Medical Practice Act of 1987, registered nurses and advanced
5practice registered nurses licensed under the Nurse Licensing
6Act, and other employees, to the extent the hospital determines
7that the physician, registered nurse, advanced practice
8registered nurse, or other employee is required to have such a
9mask to serve patients of the hospital, in accordance with the
10policies, guidance, and recommendations of State and federal
11public health and infection control authorities and taking into
12consideration the limitations on access to N95 masks caused by
13disruptions in local, State, national, and international
14supply chains; however, nothing in this Section shall be
15construed to impose any new duty or obligation on the hospital
16that is greater than that imposed under State and federal laws
17in effect on the effective date of this amendatory Act of the
18101st General Assembly. This Section is repealed on December
1931, 2021.
 
20
Article 35.

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

 

 

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1    Sec. 5-5.05. Hospitals; psychiatric services.
2    (a) On and after July 1, 2008, the inpatient, per diem rate
3to be paid to a hospital for inpatient psychiatric services
4shall be $363.77.
5    (b) For purposes of this Section, "hospital" means the
6following:
7        (1) Advocate Christ Hospital, Oak Lawn, Illinois.
8        (2) Barnes-Jewish Hospital, St. Louis, Missouri.
9        (3) BroMenn Healthcare, Bloomington, Illinois.
10        (4) Jackson Park Hospital, Chicago, Illinois.
11        (5) Katherine Shaw Bethea Hospital, Dixon, Illinois.
12        (6) Lawrence County Memorial Hospital, Lawrenceville,
13    Illinois.
14        (7) Advocate Lutheran General Hospital, Park Ridge,
15    Illinois.
16        (8) Mercy Hospital and Medical Center, Chicago,
17    Illinois.
18        (9) Methodist Medical Center of Illinois, Peoria,
19    Illinois.
20        (10) Provena United Samaritans Medical Center,
21    Danville, Illinois.
22        (11) Rockford Memorial Hospital, Rockford, Illinois.
23        (12) Sarah Bush Lincoln Health Center, Mattoon,
24    Illinois.
25        (13) Provena Covenant Medical Center, Urbana,
26    Illinois.

 

 

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

 

 

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

 

 

10100SB0558ham004- 56 -LRB101 04319 CPF 74859 a

1(Source: P.A. 97-689, eff. 6-14-12.)
 
2
Title IV. Medical Implicit Bias

 
3
Article 45.

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

 

 

10100SB0558ham004- 57 -LRB101 04319 CPF 74859 a

1Podiatric Medical Practice Act of 1987, Respiratory Care
2Practice Act, Professional Counselor and Clinical Professional
3Counselor Licensing and Practice Act, Sex Offender Evaluation
4and Treatment Provider Act, Illinois Speech-Language Pathology
5and Audiology Practice Act, Perfusionist Practice Act,
6Registered Surgical Assistant and Registered Surgical
7Technologist Title Protection Act, and Genetic Counselor
8Licensing Act.
9    (b) For license or registration renewals occurring on or
10after January 1, 2022, a health care professional who has
11continuing education requirements must complete at least a
12one-hour course in training on implicit bias awareness per
13renewal period. A health care professional may count this one
14hour for completion of this course toward meeting the minimum
15credit hours required for continuing education. Any training on
16implicit bias awareness applied to meet any other State
17licensure requirement, professional accreditation or
18certification requirement, or health care institutional
19practice agreement may count toward the one-hour requirement
20under this Section.
21    (c) The Department may adopt rules for the implementation
22of this Section.
 
23
Title V. Substance Abuse and Mental Health Treatment

 
24
Article 50.

 

 

 

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

 

 

10100SB0558ham004- 59 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 60 -LRB101 04319 CPF 74859 a

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

 

 

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

 

 

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1(Source: P.A. 97-678, eff. 6-1-12.)
 
2    Section 50-10. The Methamphetamine Control and Community
3Protection Act is amended by changing Section 115 as follows:
 
4    (720 ILCS 646/115)
5    Sec. 115. Overdose; limited immunity from prosecution.
6    (a) For the purposes of this Section, "overdose" means a
7methamphetamine-induced physiological event that results in a
8life-threatening emergency to the individual who ingested,
9inhaled, injected, or otherwise bodily absorbed
10methamphetamine.
11    (b) A person who, in good faith, seeks emergency medical
12assistance for someone experiencing an overdose shall not be
13arrested, charged or prosecuted for a violation of Section 55
14or 60 of this Act or Section 3.5 of the Drug Paraphernalia
15Control Act, Section 9-3.3 of the Criminal Code of 2012, or
16paragraph (1) of subsection (g) of Section 12-3.05 of the
17Criminal Code of 2012 Class 3 felony possession of
18methamphetamine if evidence for the violation Class 3 felony
19possession charge was acquired as a result of the person
20seeking or obtaining emergency medical assistance and
21providing the amount of substance recovered is less than 3
22grams one gram of methamphetamine or a substance containing
23methamphetamine. The violations listed in this subsection (b)
24must not serve as the sole basis of a violation of parole,

 

 

10100SB0558ham004- 63 -LRB101 04319 CPF 74859 a

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

 

 

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1has reasonable suspicion or probable cause to detain, arrest,
2or search the person described in subsection (b) or (c) of this
3Section for criminal activity and the reasonable suspicion or
4probable cause is based on information obtained prior to or
5independent of the individual described in subsection (b) or
6(c) taking action to seek or obtain emergency medical
7assistance and not obtained as a direct result of the action of
8seeking or obtaining emergency medical assistance. Nothing in
9this Section is intended to interfere with or prevent the
10investigation, arrest, or prosecution of any person for the
11delivery or distribution of cannabis, methamphetamine or other
12controlled substances, drug-induced homicide, or any other
13crime if the evidence of the violation is not acquired as a
14result of the person seeking or obtaining emergency medical
15assistance in the event of an overdose.
16(Source: P.A. 97-678, eff. 6-1-12.)
 
17
Article 55.

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

 

 

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

 

 

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1        required by the department by administrative rule,
2        including but not limited to information required for
3        compliance with the criteria for electronic reporting
4        of the American Society for Automation and Pharmacy or
5        its successor.
6        (2) The information required to be transmitted under
7    this Section must be transmitted not later than the end of
8    the next business day after the date on which a controlled
9    substance is dispensed, or at such other time as may be
10    required by the Department by administrative rule.
11        (3) A dispenser must transmit the information required
12    under this Section by:
13            (A) an electronic device compatible with the
14        receiving device of the central repository;
15            (B) a computer diskette;
16            (C) a magnetic tape; or
17            (D) a pharmacy universal claim form or Pharmacy
18        Inventory Control form.
19        (3.5) The requirements of paragraphs (1), (2), and (3)
20    of this subsection (a) also apply to opioid treatment
21    programs that prescribe Schedule II, III, IV, or V
22    controlled substances for the treatment of opioid use
23    disorder.
24        (4) The Department may impose a civil fine of up to
25    $100 per day for willful failure to report controlled
26    substance dispensing to the Prescription Monitoring

 

 

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1    Program. The fine shall be calculated on no more than the
2    number of days from the time the report was required to be
3    made until the time the problem was resolved, and shall be
4    payable to the Prescription Monitoring Program.
5    (a-5) Notwithstanding subsection (a), a licensed
6veterinarian is exempt from the reporting requirements of this
7Section. If a person who is presenting an animal for treatment
8is suspected of fraudulently obtaining any controlled
9substance or prescription for a controlled substance, the
10licensed veterinarian shall report that information to the
11local law enforcement agency.
12    (b) The Department, by rule, may include in the
13Prescription Monitoring Program certain other select drugs
14that are not included in Schedule II, III, IV, or V. The
15Prescription Monitoring Program does not apply to controlled
16substance prescriptions as exempted under Section 313.
17    (c) The collection of data on select drugs and scheduled
18substances by the Prescription Monitoring Program may be used
19as a tool for addressing oversight requirements of long-term
20care institutions as set forth by Public Act 96-1372. Long-term
21care pharmacies shall transmit patient medication profiles to
22the Prescription Monitoring Program monthly or more frequently
23as established by administrative rule.
24    (d) The Department of Human Services shall appoint a
25full-time Clinical Director of the Prescription Monitoring
26Program.

 

 

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

 

 

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1clinical pharmacist employed by and designated by a Medicaid
2Managed Care Organization providing services under Article V of
3the Illinois Public Aid Code under a contract with the
4Department of Healthcare and Family Services for the sole
5purpose of clinical review of services provided to persons
6covered by the entity under the contract to determine
7compliance with subsections (a) and (b) of Section 314.5 of
8this Act. A managed care entity pharmacist shall notify
9prescribers of review activities.
10(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
11100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
127-12-19; 101-414, eff. 8-16-19.)
 
13
Article 60.

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

 

 

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

 

 

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1    reporting regarding incidents of abuse.
2    (d) Annual continuing education shall include 2 hours of
3dementia training covering the subjects described in
4subsection (c).
5    (e) This Section is designed to address gaps in current
6dementia training requirements for Adult Protective Services
7officials and improve the quality of training. If currently
8existing law or rules contain more rigorous training
9requirements for Adult Protective Service officials, those
10laws or rules shall apply. Where there is overlap between this
11Section and other laws and rules, the Department shall
12interpret this Section to avoid duplication of requirements
13while ensuring that the minimum requirements set in this
14Section are met.
15    (f) The Department may adopt rules for the administration
16of this Section.
 
17
Title VI. Access to Health Care

 
18
Article 70.

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

 

 

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1Section, the tax imposed by this Act is at the rate of 6.25% of
2either the selling price or the fair market value, if any, of
3the tangible personal property. In all cases where property
4functionally used or consumed is the same as the property that
5was purchased at retail, then the tax is imposed on the selling
6price of the property. In all cases where property functionally
7used or consumed is a by-product or waste product that has been
8refined, manufactured, or produced from property purchased at
9retail, then the tax is imposed on the lower of the fair market
10value, if any, of the specific property so used in this State
11or on the selling price of the property purchased at retail.
12For purposes of this Section "fair market value" means the
13price at which property would change hands between a willing
14buyer and a willing seller, neither being under any compulsion
15to buy or sell and both having reasonable knowledge of the
16relevant facts. The fair market value shall be established by
17Illinois sales by the taxpayer of the same property as that
18functionally used or consumed, or if there are no such sales by
19the taxpayer, then comparable sales or purchases of property of
20like kind and character in Illinois.
21    Beginning on July 1, 2000 and through December 31, 2000,
22with respect to motor fuel, as defined in Section 1.1 of the
23Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
24the Use Tax Act, the tax is imposed at the rate of 1.25%.
25    Beginning on August 6, 2010 through August 15, 2010, with
26respect to sales tax holiday items as defined in Section 3-6 of

 

 

10100SB0558ham004- 73 -LRB101 04319 CPF 74859 a

1this Act, the tax is imposed at the rate of 1.25%.
2    With respect to gasohol, the tax imposed by this Act
3applies to (i) 70% of the proceeds of sales made on or after
4January 1, 1990, and before July 1, 2003, (ii) 80% of the
5proceeds of sales made on or after July 1, 2003 and on or
6before July 1, 2017, and (iii) 100% of the proceeds of sales
7made thereafter. If, at any time, however, the tax under this
8Act on sales of gasohol is imposed at the rate of 1.25%, then
9the tax imposed by this Act applies to 100% of the proceeds of
10sales of gasohol made during that time.
11    With respect to majority blended ethanol fuel, the tax
12imposed by this Act does not apply to the proceeds of sales
13made on or after July 1, 2003 and on or before December 31,
142023 but applies to 100% of the proceeds of sales made
15thereafter.
16    With respect to biodiesel blends with no less than 1% and
17no more than 10% biodiesel, the tax imposed by this Act applies
18to (i) 80% of the proceeds of sales made on or after July 1,
192003 and on or before December 31, 2018 and (ii) 100% of the
20proceeds of sales made thereafter. If, at any time, however,
21the tax under this Act on sales of biodiesel blends with no
22less than 1% and no more than 10% biodiesel is imposed at the
23rate of 1.25%, then the tax imposed by this Act applies to 100%
24of the proceeds of sales of biodiesel blends with no less than
251% and no more than 10% biodiesel made during that time.
26    With respect to 100% biodiesel and biodiesel blends with

 

 

10100SB0558ham004- 74 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 75 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 76 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 77 -LRB101 04319 CPF 74859 a

1    As used in this Section, "adult use cannabis" means
2cannabis subject to tax under the Cannabis Cultivation
3Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
4does not include cannabis subject to tax under the
5Compassionate Use of Medical Cannabis Program Act.
6    If the property that is purchased at retail from a retailer
7is acquired outside Illinois and used outside Illinois before
8being brought to Illinois for use here and is taxable under
9this Act, the "selling price" on which the tax is computed
10shall be reduced by an amount that represents a reasonable
11allowance for depreciation for the period of prior out-of-state
12use.
13(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
14101-593, eff. 12-4-19.)
 
15    Section 70-10. The Service Use Tax Act is amended by
16changing Section 3-10 as follows:
 
17    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
18    Sec. 3-10. Rate of tax. Unless otherwise provided in this
19Section, the tax imposed by this Act is at the rate of 6.25% of
20the selling price of tangible personal property transferred as
21an incident to the sale of service, but, for the purpose of
22computing this tax, in no event shall the selling price be less
23than the cost price of the property to the serviceman.
24    Beginning on July 1, 2000 and through December 31, 2000,

 

 

10100SB0558ham004- 78 -LRB101 04319 CPF 74859 a

1with respect to motor fuel, as defined in Section 1.1 of the
2Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
3the Use Tax Act, the tax is imposed at the rate of 1.25%.
4    With respect to gasohol, as defined in the Use Tax Act, the
5tax imposed by this Act applies to (i) 70% of the selling price
6of property transferred as an incident to the sale of service
7on or after January 1, 1990, and before July 1, 2003, (ii) 80%
8of the selling price of property transferred as an incident to
9the sale of service on or after July 1, 2003 and on or before
10July 1, 2017, and (iii) 100% of the selling price thereafter.
11If, at any time, however, the tax under this Act on sales of
12gasohol, as defined in the Use Tax Act, is imposed at the rate
13of 1.25%, then the tax imposed by this Act applies to 100% of
14the proceeds of sales of gasohol made during that time.
15    With respect to majority blended ethanol fuel, as defined
16in the Use Tax Act, the tax imposed by this Act does not apply
17to the selling price of property transferred as an incident to
18the sale of service on or after July 1, 2003 and on or before
19December 31, 2023 but applies to 100% of the selling price
20thereafter.
21    With respect to biodiesel blends, as defined in the Use Tax
22Act, with no less than 1% and no more than 10% biodiesel, the
23tax imposed by this Act applies to (i) 80% of the selling price
24of property transferred as an incident to the sale of service
25on or after July 1, 2003 and on or before December 31, 2018 and
26(ii) 100% of the proceeds of the selling price thereafter. If,

 

 

10100SB0558ham004- 79 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 80 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 81 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 82 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 83 -LRB101 04319 CPF 74859 a

1Cannabis Program Act.
2    As used in this Section, "adult use cannabis" means
3cannabis subject to tax under the Cannabis Cultivation
4Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
5does not include cannabis subject to tax under the
6Compassionate Use of Medical Cannabis Program Act.
7    If the property that is acquired from a serviceman is
8acquired outside Illinois and used outside Illinois before
9being brought to Illinois for use here and is taxable under
10this Act, the "selling price" on which the tax is computed
11shall be reduced by an amount that represents a reasonable
12allowance for depreciation for the period of prior out-of-state
13use.
14(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
15101-593, eff. 12-4-19.)
 
16    Section 70-15. The Service Occupation Tax Act is amended by
17changing Section 3-10 as follows:
 
18    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
19    Sec. 3-10. Rate of tax. Unless otherwise provided in this
20Section, the tax imposed by this Act is at the rate of 6.25% of
21the "selling price", as defined in Section 2 of the Service Use
22Tax Act, of the tangible personal property. For the purpose of
23computing this tax, in no event shall the "selling price" be
24less than the cost price to the serviceman of the tangible

 

 

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1personal property transferred. The selling price of each item
2of tangible personal property transferred as an incident of a
3sale of service may be shown as a distinct and separate item on
4the serviceman's billing to the service customer. If the
5selling price is not so shown, the selling price of the
6tangible personal property is deemed to be 50% of the
7serviceman's entire billing to the service customer. When,
8however, a serviceman contracts to design, develop, and produce
9special order machinery or equipment, the tax imposed by this
10Act shall be based on the serviceman's cost price of the
11tangible personal property transferred incident to the
12completion of the contract.
13    Beginning on July 1, 2000 and through December 31, 2000,
14with respect to motor fuel, as defined in Section 1.1 of the
15Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
16the Use Tax Act, the tax is imposed at the rate of 1.25%.
17    With respect to gasohol, as defined in the Use Tax Act, the
18tax imposed by this Act shall apply to (i) 70% of the cost
19price of property transferred as an incident to the sale of
20service on or after January 1, 1990, and before July 1, 2003,
21(ii) 80% of the selling price of property transferred as an
22incident to the sale of service on or after July 1, 2003 and on
23or before July 1, 2017, and (iii) 100% of the cost price
24thereafter. If, at any time, however, the tax under this Act on
25sales of gasohol, as defined in the Use Tax Act, is imposed at
26the rate of 1.25%, then the tax imposed by this Act applies to

 

 

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1100% of the proceeds of sales of gasohol 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 selling price of property transferred as an incident to
5the sale of service on or after July 1, 2003 and on or before
6December 31, 2023 but applies to 100% of the selling price
7thereafter.
8    With respect to biodiesel blends, as defined in the Use Tax
9Act, with no less than 1% and no more than 10% biodiesel, the
10tax imposed by this Act applies to (i) 80% of the selling price
11of property transferred as an incident to the sale of service
12on or after July 1, 2003 and on or before December 31, 2018 and
13(ii) 100% of the proceeds of the selling price thereafter. If,
14at any time, however, the tax under this Act on sales of
15biodiesel blends, as defined in the Use Tax Act, with no less
16than 1% and no more than 10% biodiesel is imposed at the rate
17of 1.25%, then the tax imposed by this Act applies to 100% of
18the proceeds of sales of biodiesel blends with no less than 1%
19and no more than 10% biodiesel made during that time.
20    With respect to 100% biodiesel, as defined in the Use Tax
21Act, and biodiesel blends, as defined in the Use Tax Act, with
22more than 10% but no more than 99% biodiesel material, the tax
23imposed by this Act does not apply to the proceeds of the
24selling price of property transferred as an incident to the
25sale of service on or after July 1, 2003 and on or before
26December 31, 2023 but applies to 100% of the selling price

 

 

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

 

 

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

 

 

10100SB0558ham004- 88 -LRB101 04319 CPF 74859 a

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

 

 

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1prescription only, regardless of whether the products meet the
2definition of "over-the-counter-drugs". For the purposes of
3this paragraph, "over-the-counter-drug" means a drug for human
4use that contains a label that identifies the product as a drug
5as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
6label includes:
7        (A) A "Drug Facts" panel; or
8        (B) A statement of the "active ingredient(s)" with a
9    list of those ingredients contained in the compound,
10    substance or preparation.
11    Beginning on January 1, 2014 (the effective date of Public
12Act 98-122), "prescription and nonprescription medicines and
13drugs" includes medical cannabis purchased from a registered
14dispensing organization under the Compassionate Use of Medical
15Cannabis Program Act.
16    As used in this Section, "adult use cannabis" means
17cannabis subject to tax under the Cannabis Cultivation
18Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
19does not include cannabis subject to tax under the
20Compassionate Use of Medical Cannabis Program Act.
21(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
22101-593, eff. 12-4-19.)
 
23    Section 70-20. The Retailers' Occupation Tax Act is amended
24by changing Section 2-10 as follows:
 

 

 

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1    (35 ILCS 120/2-10)
2    Sec. 2-10. Rate of tax. Unless otherwise provided in this
3Section, the tax imposed by this Act is at the rate of 6.25% of
4gross receipts from sales of tangible personal property made in
5the course of business.
6    Beginning on July 1, 2000 and through December 31, 2000,
7with respect to motor fuel, as defined in Section 1.1 of the
8Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
9the Use Tax Act, the tax is imposed at the rate of 1.25%.
10    Beginning on August 6, 2010 through August 15, 2010, with
11respect to sales tax holiday items as defined in Section 2-8 of
12this Act, the tax is imposed at the rate of 1.25%.
13    Within 14 days after the effective date of this amendatory
14Act of the 91st General Assembly, each retailer of motor fuel
15and gasohol shall cause the following notice to be posted in a
16prominently visible place on each retail dispensing device that
17is used to dispense motor fuel or gasohol in the State of
18Illinois: "As of July 1, 2000, the State of Illinois has
19eliminated the State's share of sales tax on motor fuel and
20gasohol through December 31, 2000. The price on this pump
21should reflect the elimination of the tax." The notice shall be
22printed in bold print on a sign that is no smaller than 4
23inches by 8 inches. The sign shall be clearly visible to
24customers. Any retailer who fails to post or maintain a
25required sign through December 31, 2000 is guilty of a petty
26offense for which the fine shall be $500 per day per each

 

 

10100SB0558ham004- 91 -LRB101 04319 CPF 74859 a

1retail premises where a violation occurs.
2    With respect to gasohol, as defined in the Use Tax Act, the
3tax imposed by this Act applies to (i) 70% of the proceeds of
4sales made on or after January 1, 1990, and before July 1,
52003, (ii) 80% of the proceeds of sales made on or after July
61, 2003 and on or before July 1, 2017, and (iii) 100% of the
7proceeds of sales made thereafter. If, at any time, however,
8the tax under this Act on sales of gasohol, as defined in the
9Use Tax Act, is imposed at the rate of 1.25%, then the tax
10imposed by this Act applies to 100% of the proceeds of sales of
11gasohol made during that time.
12    With respect to majority blended ethanol fuel, as defined
13in the Use Tax Act, the tax imposed by this Act does not apply
14to the proceeds of sales made on or after July 1, 2003 and on or
15before December 31, 2023 but applies to 100% of the proceeds of
16sales made thereafter.
17    With respect to biodiesel blends, as defined in the Use Tax
18Act, with no less than 1% and no more than 10% biodiesel, the
19tax imposed by this Act applies to (i) 80% of the proceeds of
20sales made on or after July 1, 2003 and on or before December
2131, 2018 and (ii) 100% of the proceeds of sales made
22thereafter. If, at any time, however, the tax under this Act on
23sales of biodiesel blends, as defined in the Use Tax Act, with
24no less than 1% and no more than 10% biodiesel is imposed at
25the rate of 1.25%, then the tax imposed by this Act applies to
26100% of the proceeds of sales of biodiesel blends with no less

 

 

10100SB0558ham004- 92 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 93 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 94 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 95 -LRB101 04319 CPF 74859 a

1medicines and drugs" includes medical cannabis purchased from a
2registered dispensing organization under the Compassionate Use
3of Medical Cannabis Program Act.
4    As used in this Section, "adult use cannabis" means
5cannabis subject to tax under the Cannabis Cultivation
6Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
7does not include cannabis subject to tax under the
8Compassionate Use of Medical Cannabis Program Act.
9(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
10101-593, eff. 12-4-19.)
 
11
Article 72.

 
12    Section 72-1. Short title. This Article may be cited as the
13Underlying Causes of Crime and Violence Study Act.
 
14    Section 72-5. Legislative findings. In the State of
15Illinois, two-thirds of gun violence is related to suicide, and
16one-third is related to homicide, claiming approximately
1712,000 lives a year. Violence has plagued communities,
18predominantly poor and distressed communities in urban
19settings, which have always treated violence as a criminal
20justice issue, instead of a public health issue. On February
2121, 2018, Pastor Anthony Williams was informed that his son,
22Nehemiah William, had been shot to death. Due to this
23disheartening event, Pastor Anthony Williams reached out to

 

 

10100SB0558ham004- 96 -LRB101 04319 CPF 74859 a

1State Representative Elizabeth "Lisa" Hernandez, urging that
2the issue of violence be treated as a disease. In 2018, elected
3officials from all levels of government started a coalition to
4address violence as a disease, with the assistance of
5faith-based organizations, advocates, and community members
6and held a statewide listening tour from August 2018 to April
72019. The listening tour consisted of stops on the South Side
8and West Side of Chicago, Maywood, Springfield, and East St.
9Louis, with a future scheduled visit in Danville. During the
10statewide listening sessions, community members actively
11discussed neighborhood safety, defining violence and how and
12why violence occurs in their communities. The listening
13sessions provided different solutions to address violence,
14however, all sessions confirmed a disconnect from the
15priorities of government and the needs of these communities.
 
16    Section 72-10. Study. The Department of Public Health and
17the Department of Human Services shall study how to create a
18process to identify high violence communities, also known as R3
19(Restore, Reinvest, and Renew) areas, and prioritize State
20dollars to go to these communities to fund programs as well as
21community and economic development projects that would address
22the underlying causes of crime and violence.
23    Due to a variety of reasons, including in particular the
24State's budget impasse, funds were unavailable to establish
25such a comprehensive policy. Policies like R3 are needed in

 

 

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1order to provide communities that have historically suffered
2from divestment, poverty, and incarceration with smart
3solutions that can solve the plague of violence. It is clear
4that violence is a public health problem that needs to be
5treated as such, a disease. Research has shown that when
6violence is treated in such a way, then its effects can be
7slowed or even halted.
 
8    Section 72-15. Report. The Department of Public Health and
9the Department of Human Services are required to report their
10findings to the General Assembly by December 31, 2021.
 
11
Article 75.

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

 

 

10100SB0558ham004- 98 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 99 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 100 -LRB101 04319 CPF 74859 a

1determination or most recent redetermination. During the
212-month periods, the family shall remain eligible for child
3care services regardless of (i) a change in family income,
4unless family income exceeds 85% of State median income, or
5(ii) a temporary change in the ongoing status of the parents or
6other relatives, as defined by rule, as working or attending a
7job training or educational program.
8    In determining income eligibility for child care benefits,
9the Department annually, at the beginning of each fiscal year,
10shall establish, by rule, one income threshold for each family
11size, in relation to percentage of State median income for a
12family of that size, that makes families with incomes below the
13specified threshold eligible for assistance and families with
14incomes above the specified threshold ineligible for
15assistance. Through and including fiscal year 2007, the
16specified threshold must be no less than 50% of the
17then-current State median income for each family size.
18Beginning in fiscal year 2008, the specified threshold must be
19no less than 185% of the then-current federal poverty level for
20each family size. Notwithstanding any other provision of law or
21administrative rule to the contrary, beginning in fiscal year
222019, the specified threshold for working families with very
23low incomes as defined by rule must be no less than 185% of the
24then-current federal poverty level for each family size.
25    In determining eligibility for assistance, the Department
26shall not give preference to any category of recipients or give

 

 

10100SB0558ham004- 101 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 102 -LRB101 04319 CPF 74859 a

1    from licensure pursuant to Section 2.09 of the Child Care
2    Act of 1969;
3        (2) a licensed child care home or home exempt from
4    licensing;
5        (3) a licensed group child care home;
6        (4) other types of child care, including child care
7    provided by relatives or persons living in the same home as
8    the child, as determined by the Illinois Department by
9    rule.
10    (c-5) Solely for the purposes of coverage under the
11Illinois Public Labor Relations Act, child and day care home
12providers, including licensed and license exempt,
13participating in the Department's child care assistance
14program shall be considered to be public employees and the
15State of Illinois shall be considered to be their employer as
16of January 1, 2006 (the effective date of Public Act 94-320),
17but not before. The State shall engage in collective bargaining
18with an exclusive representative of child and day care home
19providers participating in the child care assistance program
20concerning their terms and conditions of employment that are
21within the State's control. Nothing in this subsection shall be
22understood to limit the right of families receiving services
23defined in this Section to select child and day care home
24providers or supervise them within the limits of this Section.
25The State shall not be considered to be the employer of child
26and day care home providers for any purposes not specifically

 

 

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1provided in Public Act 94-320, including, but not limited to,
2purposes of vicarious liability in tort and purposes of
3statutory retirement or health insurance benefits. Child and
4day care home providers shall not be covered by the State
5Employees Group Insurance Act of 1971.
6    In according child and day care home providers and their
7selected representative rights under the Illinois Public Labor
8Relations Act, the State intends that the State action
9exemption to application of federal and State antitrust laws be
10fully available to the extent that their activities are
11authorized by Public Act 94-320.
12    (d) The Illinois Department shall establish, by rule, a
13co-payment scale that provides for cost sharing by families
14that receive child care services, including parents whose only
15income is from assistance under this Code. The co-payment shall
16be based on family income and family size and may be based on
17other factors as appropriate. Co-payments may be waived for
18families whose incomes are at or below the federal poverty
19level.
20    (d-5) The Illinois Department, in consultation with its
21Child Care and Development Advisory Council, shall develop a
22plan to revise the child care assistance program's co-payment
23scale. The plan shall be completed no later than February 1,
242008, and shall include:
25        (1) findings as to the percentage of income that the
26    average American family spends on child care and the

 

 

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

 

 

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1the rates in effect on January 1, 2018 increased by 4.26%.
2    (f-5) (Blank).
3    (g) Families eligible for assistance under this Section
4shall be given the following options:
5        (1) receiving a child care certificate issued by the
6    Department or a subcontractor of the Department that may be
7    used by the parents as payment for child care and
8    development services only; or
9        (2) if space is available, enrolling the child with a
10    child care provider that has a purchase of service contract
11    with the Department or a subcontractor of the Department
12    for the provision of child care and development services.
13    The Department may identify particular priority
14    populations for whom they may request special
15    consideration by a provider with purchase of service
16    contracts, provided that the providers shall be permitted
17    to maintain a balance of clients in terms of household
18    incomes and families and children with special needs, as
19    defined by rule.
20(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
21100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
228-17-18; 101-81, eff. 7-12-19.)
 
23
Article 80.

 
24    Section 80-5. The Employee Sick Leave Act is amended by

 

 

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

 

 

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

 

 

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1half of the employee's maximum annual grant.
2    (c) An employer who provides personal sick leave benefits
3or a paid time off policy that would otherwise provide benefits
4as required under subsections (a) and (b) shall not be required
5to modify such benefits.
6(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
7
Article 90.

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

 

 

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1Legionella bacteria. The policy shall include the frequency
2with which testing is conducted. The policy and the results of
3any tests shall be made available to the Department upon
4request.
 
5
Article 95.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1annually distributed to parents in August or September.
2    (j) Any standard adopted by the Department that requires an
3applicant for a license to operate a day care home to include a
4copy of a high school diploma or equivalent certificate with
5his or her application shall be deemed to be satisfied if the
6applicant includes a copy of a high school diploma or
7equivalent certificate or a copy of a degree from an accredited
8institution of higher education or vocational institution or
9equivalent certificate.
10(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
11100-201, eff. 8-18-17.)
 
12
Article 100.

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

 

 

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

 

 

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

 

 

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1    in outcomes for gynecologic cancer patients and innovative
2    approaches to reaching underserved and vulnerable
3    populations;
4        (4) determining any unmet needs of persons with
5    gynecologic cancers and those of their families; and
6        (5) providing recommendations for additional
7    legislation, support programs, and resources to meet the
8    unmet needs of persons with gynecologic cancers and their
9    families.
10    (e) The Commission shall file its final report with the
11General Assembly no later than December 31, 2021 and, upon the
12filing of its report, is dissolved.
 
13    Section 100-90. Repeal. This Article is repealed on January
141, 2023.
 
15
Article 105.

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

 

 

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1for hospital services rendered on and after July 1, 2020, the
2Department shall, except for hospitals described in subsection
3(b) of Section 5A-3, make payments to hospitals or require
4capitated managed care organizations to make payments as set
5forth in this Section. Payments under this Section are not due
6and payable, however, until: (i) the methodologies described in
7this Section are approved by the federal government in an
8appropriate State Plan amendment or directed payment preprint;
9and (ii) the assessment imposed under this Article is
10determined to be a permissible tax under Title XIX of the
11Social Security Act. In determining the hospital access
12payments authorized under subsection (g) of this Section, if a
13hospital ceases to qualify for payments from the pool, the
14payments for all hospitals continuing to qualify for payments
15from such pool shall be uniformly adjusted to fully expend the
16aggregate net amount of the pool, with such adjustment being
17effective on the first day of the second month following the
18date the hospital ceases to receive payments from such pool.
19    (b) Amounts moved into claims-based rates and distributed
20in accordance with Section 14-12 shall remain in those
21claims-based rates.
22    (c) Graduate medical education.
23        (1) The calculation of graduate medical education
24    payments shall be based on the hospital's Medicare cost
25    report ending in Calendar Year 2018, as reported in the
26    Healthcare Cost Report Information System file, release

 

 

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1    date September 30, 2019. An Illinois hospital reporting
2    intern and resident cost on its Medicare cost report shall
3    be eligible for graduate medical education payments.
4        (2) Each hospital's annualized Medicaid Intern
5    Resident Cost is calculated using annualized intern and
6    resident total costs obtained from Worksheet B Part I,
7    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
8    96-98, and 105-112 multiplied by the percentage that the
9    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
10    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
11    hospital's total days (Worksheet S3 Part I, Column 8, Lines
12    14, 16-18, and 32).
13        (3) An annualized Medicaid indirect medical education
14    (IME) payment is calculated for each hospital using its IME
15    payments (Worksheet E Part A, Line 29, Column 1) multiplied
16    by the percentage that its Medicaid days (Worksheet S3 Part
17    I, Column 7, Lines 2, 3, 4, 14, 16-18, and 32) comprise of
18    its Medicare days (Worksheet S3 Part I, Column 6, Lines 2,
19    3, 4, 14, and 16-18).
20        (4) For each hospital, its annualized Medicaid Intern
21    Resident Cost and its annualized Medicaid IME payment are
22    summed, and, except as capped at 120% of the average cost
23    per intern and resident for all qualifying hospitals as
24    calculated under this paragraph, is multiplied by 22.6% to
25    determine the hospital's final graduate medical education
26    payment. Each hospital's average cost per intern and

 

 

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

 

 

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1    $625 per paid fee-for-service outpatient claim for dates of
2    service in Calendar Year 2019 in the Department's
3    Enterprise Data Warehouse as of May 11, 2020.
4        (3) For long term acute care hospitals, $295 per
5    covered inpatient day contained in paid fee-for-service
6    claims for dates of service in Calendar Year 2019 in the
7    Department's Enterprise Data Warehouse as of May 11, 2020.
8        (4) For freestanding psychiatric hospitals, $125 per
9    covered inpatient day contained in paid fee-for-service
10    claims and $130 per paid fee-for-service outpatient claim
11    for dates of service in Calendar Year 2019 in the
12    Department's Enterprise Data Warehouse as of May 11, 2020.
13        (5) For freestanding rehabilitation hospitals, $355
14    per covered inpatient day contained in paid
15    fee-for-service claims for dates of service in Calendar
16    Year 2019 in the Department's Enterprise Data Warehouse as
17    of May 11, 2020.
18        (6) For all general acute care hospitals and high
19    Medicaid hospitals as defined in subsection (f), $350 per
20    covered inpatient day for dates of service in Calendar Year
21    2019 contained in paid fee-for-service claims and $620 per
22    paid fee-for-service outpatient claim in the Department's
23    Enterprise Data Warehouse as of May 11, 2020.
24        (7) Alzheimer's treatment access payment. Each
25    Illinois academic medical center or teaching hospital, as
26    defined in Section 5-5e.2 of this Code, that is identified

 

 

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

 

 

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1if the hospital provides the information necessary to process
2such EFTs, in accordance with directions provided monthly by
3the Department, within 7 business days of the date the funds
4are paid to the MCOs, as indicated by the "Paid Date" on the
5website of the Office of the Comptroller if the funds are paid
6by EFT and the MCOs have received directed payment
7instructions. If funds are not paid through the Comptroller by
8EFT, payment must be made within 7 business days of the date
9actually received by the MCO. The MCO will be considered to
10have paid the pass-through payments when the payment remittance
11number is generated or the date the MCO sends the check to the
12hospital, if EFT information is not supplied. If an MCO is late
13in paying a pass-through payment or directed payment as
14required under this Section (including any extensions granted
15by the Department), it shall pay a penalty, unless waived by
16the Department for reasonable cause, to the Department equal to
175% of the amount of the pass-through payment or directed
18payment not paid on or before the due date plus 5% of the
19portion thereof remaining unpaid on the last day of each 30-day
20period thereafter. Payments to MCOs that would be paid
21consistent with actuarial certification and enrollment in the
22absence of the increased capitation payments under this Section
23shall not be reduced as a consequence of payments made under
24this subsection. The Department shall publish and maintain on
25its website for a period of no less than 8 calendar quarters,
26the quarterly calculation of directed payments and

 

 

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

 

 

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

 

 

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

 

 

10100SB0558ham004- 130 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 131 -LRB101 04319 CPF 74859 a

1        for critical access hospitals.
2            (C) $29,109,330 for hospital inpatient services
3        for safety-net hospitals.
4            (D) $35,041,218 for hospital outpatient services
5        for safety-net hospitals.
6    (h) Fixed rate directed payments. Effective July 1, 2020,
7the Department shall issue payments to MCOs which shall be used
8to issue directed payments to Illinois hospitals not identified
9in paragraph (g) on a monthly basis. Prior to the beginning of
10each Payout Quarter beginning July 1, 2020, the Department
11shall use encounter claims data from the Determination Quarter,
12accepted by the Department's Medicaid Management Information
13System for inpatient and outpatient services rendered by
14hospitals in each hospital class identified in paragraph (f)
15and not identified in paragraph (g). For the period July 1,
162020 through December 2020, the Department shall direct MCOs to
17make payments as follows:
18        (1) For general acute care hospitals an amount equal to
19    $1,750 multiplied by the hospital's category of service 20
20    case mix index for the determination quarter multiplied by
21    the hospital's total number of inpatient admissions for
22    category of service 20 for the determination quarter.
23        (2) For general acute care hospitals an amount equal to
24    $160 multiplied by the hospital's category of service 21
25    case mix index for the determination quarter multiplied by
26    the hospital's total number of inpatient admissions for

 

 

10100SB0558ham004- 132 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 133 -LRB101 04319 CPF 74859 a

1        (8) For high Medicaid hospitals an amount equal to $160
2    multiplied by the hospital's category of service 21 case
3    mix index for the determination quarter multiplied by the
4    hospital's total number of inpatient admissions for
5    category of service 21 for the determination quarter.
6        (9) For high Medicaid hospitals an amount equal to $80
7    multiplied by the hospital's category of service 22 case
8    mix index for the determination quarter multiplied by the
9    hospital's total number of inpatient admissions for
10    category of service 22 for the determination quarter.
11        (10) For high Medicaid hospitals an amount equal to
12    $400 multiplied by the hospital's category of service 24
13    case mix index for the determination quarter multiplied by
14    the hospital's total number of category of service 24 paid
15    EAPG outpatient claims for the determination quarter.
16        (11) For high Medicaid hospitals an amount equal to
17    $240 multiplied by the hospital's category of service 27
18    and 28 case mix index for the determination quarter
19    multiplied by the hospital's total number of category of
20    service 27 and 28 paid EAPGs for the determination quarter.
21        (12) For high Medicaid hospitals an amount equal to
22    $290 multiplied by the hospital's category of service 29
23    case mix index for the determination quarter multiplied by
24    the hospital's total number of category of service 29 paid
25    EAPGs for the determination quarter.
26        (13) For long term acute care hospitals the amount of

 

 

10100SB0558ham004- 134 -LRB101 04319 CPF 74859 a

1    $495 multiplied by the hospital's total number of inpatient
2    days for the determination quarter.
3        (14) For psychiatric hospitals the amount of $210
4    multiplied by the hospital's total number of inpatient days
5    for category of service 21 for the determination quarter.
6        (15) For psychiatric hospitals the amount of $250
7    multiplied by the hospital's total number of outpatient
8    claims for category of service 27 and 28 for the
9    determination quarter.
10        (16) For rehabilitation hospitals the amount of $410
11    multiplied by the hospital's total number of inpatient days
12    for category of service 22 for the determination quarter.
13        (17) For rehabilitation hospitals the amount of $100
14    multiplied by the hospital's total number of outpatient
15    claims for category of service 29 for the determination
16    quarter.
17        (18) Each hospital shall be paid 1/3 of their quarterly
18    inpatient and outpatient directed payment in each of the 3
19    months of the Payout Quarter, in accordance with directions
20    provided to each MCO by the Department.
21        (19) Each MCO shall pay each hospital the Monthly
22    Directed Payment amount as identified by the Department on
23    its quarterly determination report.
24    Notwithstanding any other provision of this subsection, if
25the Department determines that the actual total hospital
26utilization data that is used to calculate the fixed rate

 

 

10100SB0558ham004- 135 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 136 -LRB101 04319 CPF 74859 a

1    (i) Beginning January 1, 2021, the rates for directed
2payments shall be recalculated in order to spend the additional
3funds for directed payments that result from reduction in the
4amount of pass-through payments allowed under federal
5regulations. The additional funds for directed payments shall
6be allocated proportionally to each class of hospitals based on
7that class' proportion of services.
8    (j) Pass-through payments.
9        (1) For the period July 1, 2020 through December 31,
10    2020, the Department shall assign quarterly pass-through
11    payments to each class of hospitals equal to one-fourth of
12    the following annual allocations:
13            (A) $390,487,095 to safety-net hospitals.
14            (B) $62,553,886 to critical access hospitals.
15            (C) $345,021,438 to high Medicaid hospitals.
16            (D) $551,429,071 to general acute care hospitals.
17            (E) $27,283,870 to long term acute care hospitals.
18            (F) $40,825,444 to freestanding psychiatric
19        hospitals.
20            (G) $9,652,108 to freestanding rehabilitation
21        hospitals.
22        (2) The pass-through payments shall at a minimum ensure
23    hospitals receive a total amount of monthly payments under
24    this Section as received in calendar year 2019 in
25    accordance with this Article and paragraph (1) of
26    subsection (d-5) of Section 14-12, exclusive of amounts

 

 

10100SB0558ham004- 137 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 138 -LRB101 04319 CPF 74859 a

1    (n) In order to address the escalating infant mortality
2rates among minority communities in Illinois, the State shall,
3subject to appropriation, create a pool of funding of at least
4$50,000,000 annually to be dispersed among safety-net
5hospitals that maintain perinatal designation from the
6Department of Public Health. The funding shall be used to
7preserve or enhance OB/GYN services or other specialty services
8at the receiving hospital.
9(Source: P.A. 101-650, eff. 7-7-20.)
 
10
Article 110.

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

 

 

10100SB0558ham004- 139 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 140 -LRB101 04319 CPF 74859 a

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

 

 

10100SB0558ham004- 141 -LRB101 04319 CPF 74859 a

1of the measure on racial and ethnic minorities. If, after
2careful investigation, it is determined that such an effect is
3not ascertainable, the note shall contain a statement to that
4effect, setting forth the reasons why no ascertainable effect
5can be given.
 
6    Section 110-20. Comment or opinion; technical or
7mechanical defects. No comment or opinion shall be included in
8the racial impact note with regard to the merits of the measure
9for which the racial impact note is prepared; however,
10technical or mechanical defects may be noted.
 
11    Section 110-25. Appearance of State officials and
12employees in support or opposition of measure. The fact that a
13racial impact note is prepared for any bill shall not preclude
14or restrict the appearance before any committee of the General
15Assembly of any official or authorized employee of the
16responding agency or agencies, or any other impacted State
17agency, who desires to be heard in support of or in opposition
18to the measure.
 
19
Article 115.

 
20    Section 115-5. The Department of Healthcare and Family
21Services Law of the Civil Administrative Code of Illinois is
22amended by adding Section 2205-35 as follows:
 

 

 

10100SB0558ham004- 142 -LRB101 04319 CPF 74859 a

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

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Implementation Coordination Council for each State Health
2    Improvement Plan shall serve until the delivery of the
3    subsequent State Health Improvement Plan, whereupon a new
4    Council shall be appointed. Members of the SHIP Planning
5    Team may serve on the SHIP Implementation Coordination
6    Council if so appointed by the Governor.
7        Upon the delivery of each State Health Assessment and
8    State Health Improvement Plan, the SHA and SHIP Partnership
9    The SHIP Implementation Coordination Council shall
10    coordinate the efforts and engagement of the public,
11    private, and voluntary sector stakeholders and
12    participants in the public health system to implement each
13    SHIP. The Partnership Council shall serve as a forum for
14    collaborative action; coordinate existing and new
15    initiatives; develop detailed implementation steps, with
16    mechanisms for action; implement specific projects;
17    identify public and private funding sources at the local,
18    State and federal level; promote public awareness of the
19    SHIP; and advocate for the implementation of the SHIP. The
20    SHA and SHIP Partnership shall implement strategies to
21    ensure that individuals and communities affected by health
22    disparities and health inequities are engaged in the
23    process throughout the 5-year cycle. The SHA and SHIP
24    Partnership shall regularly evaluate and update the State
25    Health Assessment and track implementation of the State
26    Health Improvement Plan with revisions as necessary. The

 

 

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

 

 

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

 

 

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1the State of Illinois. In the appointment of members of the
2Advisory Board the Governor shall appoint 3 members who shall
3be persons licensed to practice medicine and surgery in the
4State of Illinois, at least 2 of whom shall have received
5post-graduate training in the field of pathology; 3 members who
6are duly elected coroners in this State; and 5 members who
7shall have interest and abilities in the field of forensic
8medicine but who shall be neither persons licensed to practice
9any branch of medicine in this State nor coroners. In the
10appointment of medical and coroner members of the Board, the
11Governor shall invite nominations from recognized medical and
12coroners organizations in this State respectively. Board
13members, while serving on business of the Board, shall receive
14actual necessary travel and subsistence expenses while so
15serving away from their places of residence.
16(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
17revised 7-17-19.)
 
18
Article 125.

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

 

 

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

 

 

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1    established in communities across the country on a
2    bipartisan basis, and numerous federal agencies have
3    integrated trauma-informed approaches into their programs
4    and grants, which should be leveraged by the State of
5    Illinois.
6        (10) Infants, children, and youth and their families
7    who have experienced or are at risk of experiencing trauma,
8    including those who are low-income, homeless, involved
9    with the child welfare system, involved in the juvenile or
10    adult justice system, unemployed, or not enrolled in or at
11    risk of dropping out of an educational institution and live
12    in a community that has faced acute or long-term exposure
13    to substantial discrimination, historical oppression,
14    intergenerational poverty, a high rate of violence or drug
15    overdose deaths, should have an opportunity for improved
16    outcomes; this means increasing access to greater
17    opportunities to meet educational, employment, health,
18    developmental, community reentry, permanency from foster
19    care, or other key goals.
 
20    Section 125-10. Health and Human Services Task Force. The
21Health and Human Services Task Force is created within the
22Department of Human Services to undertake a systematic review
23of health and human service departments and programs with the
24goal of improving health and human service outcomes for
25Illinois residents.
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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12023.
 
2
Article 130.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    management activities with an eye toward equity and
2    workforce development.
3        (9) Recommending policies that promote racially
4    equitable economic and workforce development practices.
5        (10) Promoting and supporting all policies that
6    prioritize the health of all people, especially people of
7    color, by mitigating exposure to adverse childhood
8    experiences and trauma in childhood and ensuring
9    implementation of health and equity in all policies.
10        (11) Encouraging community partners and stakeholders
11    in the education, employment, housing, criminal justice,
12    and safety arenas to recognize racism as a public health
13    crisis and to implement policy recommendations.
14        (12) Identifying clear goals and objectives, including
15    specific benchmarks, to assess progress.
16        (13) Holding public hearings across Illinois to
17    continue to explore and to recommend needed action by the
18    General Assembly.
19        (14) Working with the Governor and the General Assembly
20    to identify the necessary funds to support the Anti-Racism
21    Commission and its endeavors.
22        (15) Identifying resources to allocate to Black and
23    Brown communities on an annual basis.
24        (16) Encouraging corporate investment in anti-racism
25    policies in Black and Brown communities.
26    (e) The Commission shall submit its final report to the

 

 

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1Governor and the General Assembly no later than December 31,
22021. The Commission is dissolved upon the filing of its
3report.
 
4    Section 130-15. Repeal. This Article is repealed on January
51, 2023.
 
6
Article 131.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    carriers:
2            (A) Treatment centers.
3            (B) Clinics.
4            (C) Community-based social service organizations.
5            (D) Medical specialists.
6        (5) The unmet medical, psychological, and social needs
7    encountered by individuals in Illinois with sickle cell
8    disease.
9        (6) The underserved areas of Illinois for the treatment
10    of sickle cell disease.
11        (7) Recommendations for actions to address any
12    shortcomings in the State identified under this Section.
13    (c) The Department shall submit a report on the study
14performed under this Section to the General Assembly.
 
15    Section 131-30. Implementation subject to appropriation.
16Implementation of this Act is subject to appropriation.
 
17    Section 131-90. The State Finance Act is amended by adding
18Section 5.936 as follows:
 
19    (30 ILCS 105/5.936 new)
20    Sec. 5.936. The Sickle Cell Chronic Disease Fund.
 
21
Title VII. Hospital Closure

 

 

 

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1
Article 135.

 
2    Section 135-5. The Illinois Health Facilities Planning Act
3is amended by changing Sections 4 and 5.4 and by adding Section
45.5 as follows:
 
5    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
6    (Section scheduled to be repealed on December 31, 2029)
7    Sec. 4. Health Facilities and Services Review Board;
8membership; appointment; term; compensation; quorum.
9    (a) There is created the Health Facilities and Services
10Review Board, which shall perform the functions described in
11this Act. The Department shall provide operational support to
12the Board as necessary, including the provision of office
13space, supplies, and clerical, financial, and accounting
14services. The Board may contract for functions or operational
15support as needed. The Board may also contract with experts
16related to specific health services or facilities and create
17technical advisory panels to assist in the development of
18criteria, standards, and procedures used in the evaluation of
19applications for permit and exemption.
20    (b) The State Board shall consist of 10 9 voting members.
21All members shall be residents of Illinois and at least 4 shall
22reside outside the Chicago Metropolitan Statistical Area.
23Consideration shall be given to potential appointees who
24reflect the ethnic and cultural diversity of the State. Neither

 

 

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1Board members nor Board staff shall be convicted felons or have
2pled guilty to a felony.
3    Each member shall have a reasonable knowledge of the
4practice, procedures and principles of the health care delivery
5system in Illinois, including at least 5 members who shall be
6knowledgeable about health care delivery systems, health
7systems planning, finance, or the management of health care
8facilities currently regulated under the Act. One member shall
9be a representative of a non-profit health care consumer
10advocacy organization. One member shall be a representative
11from the community with experience on the effects of
12discontinuing health care services or the closure of health
13care facilities on the surrounding community; provided,
14however, that all other members of the Board shall be appointed
15before this member shall be appointed. A spouse, parent,
16sibling, or child of a Board member cannot be an employee,
17agent, or under contract with services or facilities subject to
18the Act. Prior to appointment and in the course of service on
19the Board, members of the Board shall disclose the employment
20or other financial interest of any other relative of the
21member, if known, in service or facilities subject to the Act.
22Members of the Board shall declare any conflict of interest
23that may exist with respect to the status of those relatives
24and recuse themselves from voting on any issue for which a
25conflict of interest is declared. No person shall be appointed
26or continue to serve as a member of the State Board who is, or

 

 

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1whose spouse, parent, sibling, or child is, a member of the
2Board of Directors of, has a financial interest in, or has a
3business relationship with a health care facility.
4    Notwithstanding any provision of this Section to the
5contrary, the term of office of each member of the State Board
6serving on the day before the effective date of this amendatory
7Act of the 96th General Assembly is abolished on the date upon
8which members of the 9-member Board, as established by this
9amendatory Act of the 96th General Assembly, have been
10appointed and can begin to take action as a Board.
11    (c) The State Board shall be appointed by the Governor,
12with the advice and consent of the Senate. Not more than 6 5 of
13the appointments shall be of the same political party at the
14time of the appointment.
15    The Secretary of Human Services, the Director of Healthcare
16and Family Services, and the Director of Public Health, or
17their designated representatives, shall serve as ex-officio,
18non-voting members of the State Board.
19    (d) Of those 9 members initially appointed by the Governor
20following the effective date of this amendatory Act of the 96th
21General Assembly, 3 shall serve for terms expiring July 1,
222011, 3 shall serve for terms expiring July 1, 2012, and 3
23shall serve for terms expiring July 1, 2013. Thereafter, each
24appointed member shall hold office for a term of 3 years,
25provided that any member appointed to fill a vacancy occurring
26prior to the expiration of the term for which his or her

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (20 ILCS 3960/5.5 new)
2    Sec. 5.5. Moratorium on hospital closures.
3    (a) Notwithstanding any law or rule to the contrary, due to
4the COVID-19 pandemic, the State shall institute a moratorium
5on the closure of hospitals until December 31, 2023. As such,
6no hospital shall close or reduce capacity below the hospital's
7capacity as of January 1, 2020 before the end of such
8moratorium.
9    (b) This Section is repealed on January 1, 2024.
 
10
Title VIII. Managed Care Organization Reform

 
11
Article 150.

 
12    Section 150-5. The Illinois Public Aid Code is amended by
13changing Section 5-30.1 as follows:
 
14    (305 ILCS 5/5-30.1)
15    Sec. 5-30.1. Managed care protections.
16    (a) As used in this Section:
17    "Managed care organization" or "MCO" means any entity which
18contracts with the Department to provide services where payment
19for medical services is made on a capitated basis.
20    "Emergency services" include:
21        (1) emergency services, as defined by Section 10 of the

 

 

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

 

 

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

 

 

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1        (1) MCOs shall not impose any requirements for prior
2    approval of emergency services.
3        (2) The MCO shall cover emergency services provided to
4    enrollees who are temporarily away from their residence and
5    outside the contracting area to the extent that the
6    enrollees would be entitled to the emergency services if
7    they still were within the contracting area.
8        (3) The MCO shall have no obligation to cover medical
9    services provided on an emergency basis that are not
10    covered services under the contract.
11        (4) The MCO shall not condition coverage for emergency
12    services on the treating provider notifying the MCO of the
13    enrollee's screening and treatment within 10 days after
14    presentation for emergency services.
15        (5) The determination of the attending emergency
16    physician, or the provider actually treating the enrollee,
17    of whether an enrollee is sufficiently stabilized for
18    discharge or transfer to another facility, shall be binding
19    on the MCO. The MCO shall cover emergency services for all
20    enrollees whether the emergency services are provided by an
21    affiliated or non-affiliated provider.
22        (6) The MCO's financial responsibility for
23    post-stabilization care services it has not pre-approved
24    ends when:
25            (A) a plan physician with privileges at the
26        treating hospital assumes responsibility for the

 

 

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1        enrollee's care;
2            (B) a plan physician assumes responsibility for
3        the enrollee's care through transfer;
4            (C) a contracting entity representative and the
5        treating physician reach an agreement concerning the
6        enrollee's care; or
7            (D) the enrollee is discharged.
8    (f) Network adequacy and transparency.
9        (1) The Department shall:
10            (A) ensure that an adequate provider network is in
11        place, taking into consideration health professional
12        shortage areas and medically underserved areas;
13            (B) publicly release an explanation of its process
14        for analyzing network adequacy;
15            (C) periodically ensure that an MCO continues to
16        have an adequate network in place; and
17            (D) require MCOs, including Medicaid Managed Care
18        Entities as defined in Section 5-30.2, to meet provider
19        directory requirements under Section 5-30.3; and .
20            (E) require MCOs to ensure that any provider under
21        contract with an MCO on the date of service is paid for
22        any medically necessary service rendered to any of the
23        MCO's enrollees, regardless of inclusion on the MCO's
24        published and publicly available roster of available
25        providers.
26        (2) Each MCO shall confirm its receipt of information

 

 

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1    submitted specific to physician or dentist additions or
2    physician or dentist deletions from the MCO's provider
3    network within 3 days after receiving all required
4    information from contracted physicians or dentists, and
5    electronic physician and dental directories must be
6    updated consistent with current rules as published by the
7    Centers for Medicare and Medicaid Services or its successor
8    agency.
9    (g) Timely payment of claims.
10        (1) The MCO shall pay a claim within 30 days of
11    receiving a claim that contains all the essential
12    information needed to adjudicate the claim.
13        (2) The MCO shall notify the billing party of its
14    inability to adjudicate a claim within 30 days of receiving
15    that claim.
16        (3) The MCO shall pay a penalty that is at least equal
17    to the timely payment interest penalty imposed under
18    Section 368a of the Illinois Insurance Code for any claims
19    not timely paid.
20            (A) When an MCO is required to pay a timely payment
21        interest penalty to a provider, the MCO must calculate
22        and pay the timely payment interest penalty that is due
23        to the provider within 30 days after the payment of the
24        claim. In no event shall a provider be required to
25        request or apply for payment of any owed timely payment
26        interest penalties.

 

 

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1            (B) Such payments shall be reported separately
2        from the claim payment for services rendered to the
3        MCO's enrollee and clearly identified as interest
4        payments.
5        (4)(A) The Department shall require MCOs to expedite
6    payments to providers identified on the Department's
7    expedited provider list, determined in accordance with 89
8    Ill. Adm. Code 140.71(b), on a schedule at least as
9    frequently as the providers are paid under the Department's
10    fee-for-service expedited provider schedule.
11            (B) Compliance with the expedited provider
12        requirement may be satisfied by an MCO through the use
13        of a Periodic Interim Payment (PIP) program that has
14        been mutually agreed to and documented between the MCO
15        and the provider, if and the PIP program ensures that
16        any expedited provider receives regular and periodic
17        payments based on prior period payment experience from
18        that MCO. Total payments under the PIP program may be
19        reconciled against future PIP payments on a schedule
20        mutually agreed to between the MCO and the provider.
21            (C) The Department shall share at least monthly its
22        expedited provider list and the frequency with which it
23        pays providers on the expedited list.
24    (g-5) Recognizing that the rapid transformation of the
25Illinois Medicaid program may have unintended operational
26challenges for both payers and providers:

 

 

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1        (1) in no instance shall a medically necessary covered
2    service rendered in good faith, based upon eligibility
3    information documented by the provider, be denied coverage
4    or diminished in payment amount if the eligibility or
5    coverage information available at the time the service was
6    rendered is later found to be inaccurate in the assignment
7    of coverage responsibility between MCOs or the
8    fee-for-service system, except for instances when an
9    individual is deemed to have not been eligible for coverage
10    under the Illinois Medicaid program; and
11        (2) the Department shall, by December 31, 2016, adopt
12    rules establishing policies that shall be included in the
13    Medicaid managed care policy and procedures manual
14    addressing payment resolutions in situations in which a
15    provider renders services based upon information obtained
16    after verifying a patient's eligibility and coverage plan
17    through either the Department's current enrollment system
18    or a system operated by the coverage plan identified by the
19    patient presenting for services:
20            (A) such medically necessary covered services
21        shall be considered rendered in good faith;
22            (B) such policies and procedures shall be
23        developed in consultation with industry
24        representatives of the Medicaid managed care health
25        plans and representatives of provider associations
26        representing the majority of providers within the

 

 

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1        identified provider industry; and
2            (C) such rules shall be published for a review and
3        comment period of no less than 30 days on the
4        Department's website with final rules remaining
5        available on the Department's website.
6    The rules on payment resolutions shall include, but not be
7limited to:
8        (A) the extension of the timely filing period;
9        (B) retroactive prior authorizations; and
10        (C) guaranteed minimum payment rate of no less than the
11    current, as of the date of service, fee-for-service rate,
12    plus all applicable add-ons, when the resulting service
13    relationship is out of network.
14    The rules shall be applicable for both MCO coverage and
15fee-for-service coverage.
16    If the fee-for-service system is ultimately determined to
17have been responsible for coverage on the date of service, the
18Department shall provide for an extended period for claims
19submission outside the standard timely filing requirements.
20    (g-6) MCO Performance Metrics Report.
21        (1) The Department shall publish, on at least a
22    quarterly basis, each MCO's operational performance,
23    including, but not limited to, the following categories of
24    metrics:
25            (A) claims payment, including timeliness and
26        accuracy;

 

 

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1            (B) prior authorizations;
2            (C) grievance and appeals;
3            (D) utilization statistics;
4            (E) provider disputes;
5            (F) provider credentialing; and
6            (G) member and provider customer service.
7        (2) The Department shall ensure that the metrics report
8    is accessible to providers online by January 1, 2017.
9        (3) The metrics shall be developed in consultation with
10    industry representatives of the Medicaid managed care
11    health plans and representatives of associations
12    representing the majority of providers within the
13    identified industry.
14        (4) Metrics shall be defined and incorporated into the
15    applicable Managed Care Policy Manual issued by the
16    Department.
17    (g-7) MCO claims processing and performance analysis. In
18order to monitor MCO payments to hospital providers, pursuant
19to this amendatory Act of the 100th General Assembly, the
20Department shall post an analysis of MCO claims processing and
21payment performance on its website every 6 months. Such
22analysis shall include a review and evaluation of a
23representative sample of hospital claims that are rejected and
24denied for clean and unclean claims and the top 5 reasons for
25such actions and timeliness of claims adjudication, which
26identifies the percentage of claims adjudicated within 30, 60,

 

 

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190, and over 90 days, and the dollar amounts associated with
2those claims. The Department shall post the contracted claims
3report required by HealthChoice Illinois on its website every 3
4months.
5    (g-8) Dispute resolution process. The Department shall
6maintain a provider complaint portal through which a provider
7can submit to the Department unresolved disputes with an MCO.
8An unresolved dispute means an MCO's decision that denies in
9whole or in part a claim for reimbursement to a provider for
10health care services rendered by the provider to an enrollee of
11the MCO with which the provider disagrees. Disputes shall not
12be submitted to the portal until the provider has availed
13itself of the MCO's internal dispute resolution process.
14Disputes that are submitted to the MCO internal dispute
15resolution process may be submitted to the Department of
16Healthcare and Family Services' complaint portal no sooner than
1730 days after submitting to the MCO's internal process and not
18later than 30 days after the unsatisfactory resolution of the
19internal MCO process or 60 days after submitting the dispute to
20the MCO internal process. Multiple claim disputes involving the
21same MCO may be submitted in one complaint, regardless of
22whether the claims are for different enrollees, when the
23specific reason for non-payment of the claims involves a common
24question of fact or policy. Within 10 business days of receipt
25of a complaint, the Department shall present such disputes to
26the appropriate MCO, which shall then have 30 days to issue its

 

 

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1written proposal to resolve the dispute. The Department may
2grant one 30-day extension of this time frame to one of the
3parties to resolve the dispute. If the dispute remains
4unresolved at the end of this time frame or the provider is not
5satisfied with the MCO's written proposal to resolve the
6dispute, the provider may, within 30 days, request the
7Department to review the dispute and make a final
8determination. Within 30 days of the request for Department
9review of the dispute, both the provider and the MCO shall
10present all relevant information to the Department for
11resolution and make individuals with knowledge of the issues
12available to the Department for further inquiry if needed.
13Within 30 days of receiving the relevant information on the
14dispute, or the lapse of the period for submitting such
15information, the Department shall issue a written decision on
16the dispute based on contractual terms between the provider and
17the MCO, contractual terms between the MCO and the Department
18of Healthcare and Family Services and applicable Medicaid
19policy. The decision of the Department shall be final. By
20January 1, 2020, the Department shall establish by rule further
21details of this dispute resolution process. Disputes between
22MCOs and providers presented to the Department for resolution
23are not contested cases, as defined in Section 1-30 of the
24Illinois Administrative Procedure Act, conferring any right to
25an administrative hearing.
26    (g-9)(1) The Department shall publish annually on its

 

 

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1website a report on the calculation of each managed care
2organization's medical loss ratio showing the following:
3        (A) Premium revenue, with appropriate adjustments.
4        (B) Benefit expense, setting forth the aggregate
5    amount spent for the following:
6            (i) Direct paid claims.
7            (ii) Subcapitation payments.
8            (iii) Other claim payments.
9            (iv) Direct reserves.
10            (v) Gross recoveries.
11            (vi) Expenses for activities that improve health
12        care quality as allowed by the Department.
13    (2) The medical loss ratio shall be calculated consistent
14with federal law and regulation following a claims runout
15period determined by the Department.
16    (g-10)(1) "Liability effective date" means the date on
17which an MCO becomes responsible for payment for medically
18necessary and covered services rendered by a provider to one of
19its enrollees in accordance with the contract terms between the
20MCO and the provider. The liability effective date shall be the
21later of:
22        (A) The execution date of a network participation
23    contract agreement.
24        (B) The date the provider or its representative submits
25    to the MCO the complete and accurate standardized roster
26    form for the provider in the format approved by the

 

 

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1    Department.
2        (C) The provider effective date contained within the
3    Department's provider enrollment subsystem within the
4    Illinois Medicaid Program Advanced Cloud Technology
5    (IMPACT) System.
6    (2) The standardized roster form may be submitted to the
7MCO at the same time that the provider submits an enrollment
8application to the Department through IMPACT.
9    (3) By October 1, 2019, the Department shall require all
10MCOs to update their provider directory with information for
11new practitioners of existing contracted providers within 30
12days of receipt of a complete and accurate standardized roster
13template in the format approved by the Department provided that
14the provider is effective in the Department's provider
15enrollment subsystem within the IMPACT system. Such provider
16directory shall be readily accessible for purposes of selecting
17an approved health care provider and comply with all other
18federal and State requirements.
19    (g-11) The Department shall work with relevant
20stakeholders on the development of operational guidelines to
21enhance and improve operational performance of Illinois'
22Medicaid managed care program, including, but not limited to,
23improving provider billing practices, reducing claim
24rejections and inappropriate payment denials, and
25standardizing processes, procedures, definitions, and response
26timelines, with the goal of reducing provider and MCO

 

 

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1administrative burdens and conflict. The Department shall
2include a report on the progress of these program improvements
3and other topics in its Fiscal Year 2020 annual report to the
4General Assembly.
5    (g-12) Notwithstanding any other provision of law, if the
6Department or an MCO requires submission of a claim for payment
7in a non-electronic format, a provider shall always be afforded
8a period of no less than 90 business days, as a correction
9period, following any notification of rejection by either the
10Department or the MCO to correct errors or omissions in the
11original submission.
12    Under no circumstances, either by an MCO or under the
13State's fee-for-service system, shall a provider be denied
14payment for failure to comply with any timely submission
15requirements under this Code or under any existing contract,
16unless the non-electronic format claim submission occurs after
17the initial 180 days following the latest date of service on
18the claim, or after the 90 business days correction period
19following notification to the provider of rejection or denial
20of payment.
21    (h) The Department shall not expand mandatory MCO
22enrollment into new counties beyond those counties already
23designated by the Department as of June 1, 2014 for the
24individuals whose eligibility for medical assistance is not the
25seniors or people with disabilities population until the
26Department provides an opportunity for accountable care

 

 

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1entities and MCOs to participate in such newly designated
2counties.
3    (i) The requirements of this Section apply to contracts
4with accountable care entities and MCOs entered into, amended,
5or renewed after June 16, 2014 (the effective date of Public
6Act 98-651).
7    (j) Health care information released to managed care
8organizations. A health care provider shall release to a
9Medicaid managed care organization, upon request, and subject
10to the Health Insurance Portability and Accountability Act of
111996 and any other law applicable to the release of health
12information, the health care information of the MCO's enrollee,
13if the enrollee has completed and signed a general release form
14that grants to the health care provider permission to release
15the recipient's health care information to the recipient's
16insurance carrier.
17    (k) The Department of Healthcare and Family Services,
18managed care organizations, a statewide organization
19representing hospitals, and a statewide organization
20representing safety-net hospitals shall explore ways to
21support billing departments in safety-net hospitals.
22    (l) The requirements of this Section added by this
23amendatory Act of the 101st General Assembly shall apply to
24services provided on or after the first day of the month that
25begins 60 days after the effective date of this amendatory Act
26of the 101st General Assembly.

 

 

10100SB0558ham004- 201 -LRB101 04319 CPF 74859 a

1(Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18;
2100-587, eff. 6-4-18; 101-209, eff. 8-5-19.)
 
3
Article 155.

 
4    Section 155-5. The Illinois Public Aid Code is amended by
5adding Section 5-30.17 as follows:
 
6    (305 ILCS 5/5-30.17 new)
7    Sec. 5-30.17. Medicaid Managed Care Oversight Commission.
8    (a) The Medicaid Managed Care Oversight Commission is
9created within the Department of Healthcare and Family Services
10to evaluate the effectiveness of Illinois' managed care
11program.
12    (b) The Commission shall consist of the following members:
13        (1) One member of the Senate, appointed by the Senate
14    President, who shall serve as co-chair.
15        (2) One member of the House of Representatives,
16    appointed by the Speaker of the House of Representatives,
17    who shall serve as co-chair.
18        (3) One member of the House of Representatives,
19    appointed by the Minority Leader of the House of
20    Representatives.
21        (4) One member of the Senate, appointed by the Senate
22    Minority Leader.
23        (5) One member representing the Department of

 

 

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1    Healthcare and Family Services, appointed by the Governor.
2        (6) One member representing the Department of Public
3    Health, appointed by the Governor.
4        (7) One member representing the Department of Human
5    Services, appointed by the Governor.
6        (8) One member representing the Department of Children
7    and Family Services, appointed by the Governor.
8        (9) One member of a statewide association representing
9    Medicaid managed care plans.
10        (10) One member of a statewide association
11    representing hospitals.
12        (11) Two academic experts on Medicaid managed care
13    programs.
14        (12) One member of a statewide association
15    representing primary care providers.
16        (13) One member of a statewide association
17    representing behavioral health providers.
18        (14) Members representing Federally Qualified Health
19    Centers, a long-term care association, pharmacies and
20    pharmacists, a developmental disability association, a
21    Medicaid consumer advocate, a Medicaid consumer, an
22    association representing physicians, a behavioral health
23    association, and an association representing
24    pediatricians.
25        (15) A member of a statewide association representing
26    only safety-net hospitals.

 

 

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1    The Commission has the discretion to determine other
2membership.
3    (c) The Director of Healthcare and Family Services and
4chief of staff, or their designees, shall serve as the
5Commission's executive administrators in providing
6administrative support, research support, and other
7administrative tasks requested by the Commission's co-chairs.
8Any expenses, including, but not limited to, travel and
9housing, shall be paid for by the Department's existing budget.
10    (d) The members of the Commission shall receive no
11compensation for their services as members of the Commission.
12    (e) The Commission shall meet quarterly beginning as soon
13as is practicable after the effective date of this amendatory
14Act of the 101st General Assembly.
15    (f) The Commission shall:
16        (1) review data on health outcomes of Medicaid managed
17    care members;
18        (2) review current care coordination and case
19    management efforts and make recommendations on expanding
20    care coordination to additional populations with a focus on
21    the social determinants of health;
22        (3) review and assess the appropriateness of metrics
23    used in the Pay-for-Performance programs;
24        (4) review the Department's prior authorization and
25    utilization management requirements and recommend
26    adaptations for the Medicaid population;

 

 

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1        (5) review managed care performance in meeting
2    diversity contracting goals and the use of funds dedicated
3    to meeting such goals, including, but not limited to,
4    contracting requirements set forth in the Business
5    Enterprise for Minorities, Women, and Persons with
6    Disabilities Act; recommend strategies to increase
7    compliance with diversity contracting goals in
8    collaboration with the Chief Procurement Officer for
9    General Services and the Business Enterprise Council for
10    Minorities, Women, and Persons with Disabilities; and
11    recoup any misappropriated funds for diversity
12    contracting;
13        (6) review data on the effectiveness of claims
14    processing to medical providers;
15        (7) review member access to health care services in the
16    Medicaid Program, including specialty care services;
17        (8) review value-based and other alternative payment
18    methodologies to make recommendations to enhance program
19    efficiency and improve health outcomes;
20        (9) review the compliance of all managed care entities
21    in State contracts and recommend reasonable financial
22    penalties for any noncompliance;
23        (10) produce an annual report detailing the
24    Commission's findings based upon its review of research
25    conducted under this Section, including specific
26    recommendations, if any, and any other information the

 

 

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1    Commission may deem proper in furtherance of its duties
2    under this Section;
3        (11) review provider availability and make
4    recommendations to increase providers where needed,
5    including reviewing the regulatory environment and making
6    recommendations for reforms;
7        (12) review capacity for culturally competent
8    services, including translation services among providers;
9    and
10        (13) review and recommend changes to the safety-net
11    hospital definition to create different classifications of
12    safety-net hospitals.
13    (f-5) The Department shall make available upon request the
14analytics of Medicaid managed care clearinghouse data
15regarding claims processing.
16    (g) The Department of Healthcare and Family Services shall
17impose financial penalties on any managed care entity that is
18found to not be in compliance with any provision of a State
19contract. In addition to any financial penalties imposed under
20this subsection, the Department shall recoup any
21misappropriated funds identified by the Commission for the
22purpose of meeting the Business Enterprise Program
23requirements set forth in contracts with managed care entities.
24Any financial penalty imposed or funds recouped in accordance
25with this Section shall be deposited into the Managed Care
26Oversight Fund.

 

 

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1    When recommending reasonable financial penalties upon a
2finding of noncompliance under this subsection, the Commission
3shall consider the scope and nature of the noncompliance and
4whether or not it was intentional or unreasonable. In imposing
5a financial penalty on any managed care entity that is found to
6not be in compliance, the Department of Healthcare and Family
7Services shall consider the recommendations of the Commission.
8    Upon conclusion by the Department of Healthcare and Family
9Services that any managed care entity is not in compliance with
10its contract with the State based on the findings of the
11Commission, it shall issue the managed care entity a written
12notification of noncompliance. The written notice shall
13specify any financial penalty to be imposed and whether this
14penalty is consistent with the recommendation of the
15Commission. If the specified financial penalty differs from the
16Commission's recommendation, the Department of Healthcare and
17Family Services shall specify why the Department did not impose
18the recommended penalty and how the Department arrived at its
19determination of the reasonableness of the financial penalty
20imposed.
21    Within 14 calendar days after receipt of the notification
22of noncompliance, the managed care entity shall submit a
23written response to the Department of Healthcare and Family
24Services. The response shall indicate whether the managed care
25entity: (i) disputes the determination of noncompliance,
26including any facts or conduct to show compliance; (ii) agrees

 

 

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1to the determination of noncompliance and any financial penalty
2imposed; or (iii) agrees to the determination of noncompliance
3but disputes the financial penalty imposed.
4    Failure to respond to the notification of noncompliance
5shall be deemed acceptance of the Department of Healthcare and
6Family Services' determination of noncompliance.
7    If a managed care entity disputes any part of the
8Department of Healthcare and Family Services' determination of
9noncompliance, within 30 calendar days of receipt of the
10managed care entity's response the Department shall respond in
11writing whether it (i) agrees to review its determination of
12noncompliance or (ii) disagrees with the entity's disputation.
13    The Department of Healthcare and Family Services shall
14issue a written notice to the Commission of the dispute and its
15chosen response at the same time notice is made to the managed
16care entity.
17    Nothing in this Section limits or alters a person or
18entity's existing rights or protections under State or federal
19law.
20    (h) A decision of the Department of Healthcare and Family
21Services to impose a financial penalty on a managed care entity
22for noncompliance under subsection (g) is subject to judicial
23review under the Administrative Review Law.
24    (i) The Department shall issue quarterly reports to the
25Governor and the General Assembly indicating: (i) the number of
26determinations of noncompliance since the last quarter; (ii)

 

 

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1the number of financial penalties imposed; and (iii) the
2outcome or status of each determination.
3    (j) Beginning January 1, 2022, and for each year
4thereafter, the Commission shall submit a report of its
5findings and recommendations to the General Assembly. The
6report to the General Assembly shall be filed with the Clerk of
7the House of Representatives and the Secretary of the Senate in
8electronic form only, in the manner that the Clerk and the
9Secretary shall direct.
 
10
Article 160.

 
11    Section 160-5. The State Finance Act is amended by adding
12Sections 5.935 and 6z-124 as follows:
 
13    (30 ILCS 105/5.935 new)
14    Sec. 5.935. The Managed Care Oversight Fund.
 
15    (30 ILCS 105/6z-124 new)
16    Sec. 6z-124. Managed Care Oversight Fund. The Managed Care
17Oversight Fund is created as a special fund in the State
18treasury. Subject to appropriation, available annual moneys in
19the Fund shall be used by the Department of Healthcare and
20Family Services to support contracting with women and
21minority-owned businesses as part of the Department's Business
22Enterprise Program requirements. The Department shall

 

 

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1prioritize contracts for care coordination services, workforce
2development, and other services that support the Department's
3mission to promote health equity. Funds may not be used for any
4administrative costs of the Department.
 
5
Article 170.

 
6    Section 170-5. The Illinois Public Aid Code is amended by
7adding Section 5-30.16 as follows:
 
8    (305 ILCS 5/5-30.16 new)
9    Sec. 5-30.16. Medicaid Business Opportunity Commission.
10    (a) The Medicaid Business Opportunity Commission is
11created within the Department of Healthcare and Family Services
12to develop a program to support and grow minority, women, and
13persons with disability owned businesses.
14    (b) The Commission shall consist of the following members:
15        (1) Two members appointed by the Illinois Legislative
16    Black Caucus.
17        (2) Two members appointed by the Illinois Legislative
18    Latino Caucus.
19        (3) Two members appointed by the Conference of Women
20    Legislators of the Illinois General Assembly.
21        (4) Two members representing a statewide Medicaid
22    health plan association, appointed by the Governor.
23        (5) One member representing the Department of

 

 

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1    Healthcare and Family Services, appointed by the Governor.
2        (6) Three members representing businesses currently
3    registered with the Business Enterprise Program, appointed
4    by the Governor.
5        (7) One member representing the disability community,
6    appointed by the Governor.
7        (8) One member representing the Business Enterprise
8    Council, appointed by the Governor.
9    (c) The Director of Healthcare and Family Services and
10chief of staff, or their designees, shall serve as the
11Commission's executive administrators in providing
12administrative support, research support, and other
13administrative tasks requested by the Commission's co-chairs.
14Any expenses, including, but not limited to, travel and
15housing, shall be paid for by the Department's existing budget.
16    (d) The members of the Commission shall receive no
17compensation for their services as members of the Commission.
18    (e) The members of the Commission shall designate co-chairs
19of the Commission to lead their efforts at the first meeting of
20the Commission.
21    (f) The Commission shall meet at least monthly beginning as
22soon as is practicable after the effective date of this
23amendatory Act of the 101st General Assembly.
24    (g) The Commission shall:
25        (1) Develop a recommendation on a Medicaid Business
26    Opportunity Program which will set requirements for

 

 

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1    Minority, Women, and Persons with Disability Owned
2    business contracting requirements. Such requirements shall
3    include contracting goals to be included in the contracts
4    between the Department of Healthcare and Family Services
5    and the Managed Care entities for the provision of Medicaid
6    Services.
7        (2) Make recommendations on the process by which
8    vendors or providers would be certified as eligible to be
9    included in the program and appropriate eligibility
10    standards relative to the healthcare industry.
11        (3) Make a recommendation on whether to include not for
12    profit organizations, diversity councils, or diversity
13    chambers as eligible for certification.
14        (4) Make a recommendation on identifying whether
15    providers included in the provider enrollment system are
16    qualified for certification.
17        (5) Make a recommendation on reasonable penalties or
18    sanctions for plans that fail to meet their goals and
19    remedies for these sanctions and penalties. This
20    recommendation shall also include suggestions on how
21    penalties shall be used by the Department.
22        (6) Make a recommendation on whether diverse staff
23    shall be considered within the goals set for managed care
24    entities.
25        (7) Make a recommendation on whether a new platform for
26    certification is necessary to administer this program or if

 

 

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1    the existing platform for the Business Enterprise Program
2    is capable of including recommended changes coming from
3    this Commission.
4        (8) Make a recommendation on the ongoing activity of
5    the Commission including structure, frequency of meetings,
6    and agendas to ensure ongoing oversight of the program by
7    the Commission.
8    (h) The Commission shall provide recommendations to the
9Department and the General assembly by April 15, 2021 in order
10to ensure prompt implementation of the Medicaid Business
11Opportunity Program.
12    (i) Beginning January 1, 2022, and for each year
13thereafter, the Commission shall submit a report of its
14findings and recommendations to the General Assembly. The
15report to the General Assembly shall be filed with the Clerk of
16the House of Representatives and the Secretary of the Senate in
17electronic form only, in the manner that the Clerk and the
18Secretary shall direct.
 
19
Article 172.

 
20    Section 172-5. The Illinois Public Aid Code is amended by
21changing Section 14-13 as follows:
 
22    (305 ILCS 5/14-13)
23    Sec. 14-13. Reimbursement for inpatient stays extended

 

 

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1beyond medical necessity.
2    (a) By October 1, 2019, the Department shall by rule
3implement a methodology effective for dates of service July 1,
42019 and later to reimburse hospitals for inpatient stays
5extended beyond medical necessity due to the inability of the
6Department or the managed care organization in which a
7recipient is enrolled or the hospital discharge planner to find
8an appropriate placement after discharge from the hospital. The
9Department shall evaluate the effectiveness of the current
10reimbursement rate for inpatient hospital stays beyond medical
11necessity.
12    (b) The methodology shall provide reasonable compensation
13for the services provided attributable to the days of the
14extended stay for which the prevailing rate methodology
15provides no reimbursement. The Department may use a day outlier
16program to satisfy this requirement. The reimbursement rate
17shall be set at a level so as not to act as an incentive to
18avoid transfer to the appropriate level of care needed or
19placement, after discharge.
20    (c) The Department shall require managed care
21organizations to adopt this methodology or an alternative
22methodology that pays at least as much as the Department's
23adopted methodology unless otherwise mutually agreed upon
24contractual language is developed by the provider and the
25managed care organization for a risk-based or innovative
26payment methodology.

 

 

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1    (d) Days beyond medical necessity shall not be eligible for
2per diem add-on payments under the Medicaid High Volume
3Adjustment (MHVA) or the Medicaid Percentage Adjustment (MPA)
4programs.
5    (e) For services covered by the fee-for-service program,
6reimbursement under this Section shall only be made for days
7beyond medical necessity that occur after the hospital has
8notified the Department of the need for post-discharge
9placement. For services covered by a managed care organization,
10hospitals shall notify the appropriate managed care
11organization of an admission within 24 hours of admission. For
12every 24-hour period beyond the initial 24 hours after
13admission that the hospital fails to notify the managed care
14organization of the admission, reimbursement under this
15subsection shall be reduced by one day.
16(Source: P.A. 101-209, eff. 8-5-19.)
 
17
Title IX. Maternal and Infant Mortality

 
18
Article 175.

 
19    Section 175-5. The Illinois Public Aid Code is amended by
20adding Section 5-18.5 as follows:
 
21    (305 ILCS 5/5-18.5 new)
22    Sec. 5-18.5. Perinatal doula and evidence-based home

 

 

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1visiting services.
2    (a) As used in this Section:
3    "Home visiting" means a voluntary, evidence-based strategy
4used to support pregnant people, infants, and young children
5and their caregivers to promote infant, child, and maternal
6health, to foster educational development and school
7readiness, and to help prevent child abuse and neglect. Home
8visitors are trained professionals whose visits and activities
9