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1 | | AN ACT concerning health.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Title I. General Provisions |
5 | | Article 1. |
6 | | Section 1-1. This Act may be referred to as the Illinois |
7 | | Health Care and Human Service Reform Act. |
8 | | Section 1-5. Findings. |
9 | | "We, the People of the State of Illinois in order to |
10 | | provide for the health, safety and welfare of the people; |
11 | | maintain a representative and orderly government; eliminate |
12 | | poverty and inequality; assure legal, social and economic |
13 | | justice; provide opportunity for the fullest development of |
14 | | the individual; insure domestic tranquility; provide for the |
15 | | common defense; and secure the blessings of freedom and |
16 | | liberty to ourselves and our posterity - do ordain and |
17 | | establish this Constitution for the State of Illinois." |
18 | | The Illinois Legislative Black Caucus finds that, in order |
19 | | to improve the health outcomes of Black residents in the State |
20 | | of Illinois, it is essential to dramatically reform the |
21 | | State's health and human service system. For over 3 decades, |
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1 | | multiple health studies have found that health inequities at |
2 | | their very core are due to racism. As early as 1998 research |
3 | | demonstrated that Black Americans received less health care |
4 | | than white Americans because doctors treated patients |
5 | | differently on the basis of race. Yet, Illinois' health and |
6 | | human service system disappointingly continues to perpetuate |
7 | | health disparities among Black Illinoisans of all ages, |
8 | | genders, and socioeconomic status. |
9 | | In July 2020, Trinity Health announced its plans to close |
10 | | Mercy Hospital, an essential resource serving the Chicago |
11 | | South Side's predominantly Black residents. Trinity Health |
12 | | argued that this closure would have no impact on health access |
13 | | but failed to understand the community's needs. Closure of |
14 | | Mercy Hospital would only serve to create a health access |
15 | | desert and exacerbate existing health disparities. On December |
16 | | 15, 2020, after hearing from community members and advocates, |
17 | | the Health Facilities and Services Review Board unanimously |
18 | | voted to deny closure efforts, yet Trinity still seeks to |
19 | | cease Mercy's operations. |
20 | | Prior to COVID-19, much of the social and political |
21 | | attention surrounding the nationwide opioid epidemic focused |
22 | | on the increase in overdose deaths among white, middle-class, |
23 | | suburban and rural users; the impact of the epidemic in Black |
24 | | communities was largely unrecognized. Research has shown rates |
25 | | of opioid use at the national scale are higher for whites than |
26 | | they are for Blacks, yet rates of opioid deaths are higher |
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1 | | among Blacks (43%) than whites (22%). The COVID-19 pandemic |
2 | | will likely exacerbate this situation due to job loss, |
3 | | stay-at-home orders, and ongoing mitigation efforts creating a |
4 | | lack of physical access to addiction support and harm |
5 | | reduction groups. |
6 | | In 2018, the Illinois Department of Public Health reported |
7 | | that Black women were about 6 times as likely to die from a |
8 | | pregnancy-related cause as white women. Of those, 72% of |
9 | | pregnancy-related deaths and 93% of violent |
10 | | pregnancy-associated deaths were deemed preventable. Between |
11 | | 2016 and 2017, Black women had the highest rate of severe |
12 | | maternal morbidity with a rate of 101.5 per 10,000 deliveries, |
13 | | which is almost 3 times as high as the rate for white women. |
14 | | In the City of Chicago, African American and Latinx |
15 | | populations are suffering from higher rates of AIDS/HIV |
16 | | compared to the general population. Recent data places HIV as |
17 | | one of the top 5 leading causes of death in African American |
18 | | women between the ages of 35 to 44 and the seventh ranking |
19 | | cause in African American women between the ages of 20 to 34. |
20 | | Among the Latinx population, nearly 20% with HIV exclusively |
21 | | depend on indigenous-led and staffed organizations for |
22 | | services. |
23 | | Cardiovascular disease (CVD) accounts for more deaths in |
24 | | Illinois than any other cause of death, according to the |
25 | | Illinois Department of Public Health; CVD is the leading cause |
26 | | of death among Black residents. According to the Kaiser Family |
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1 | | Foundation (KFF), for every 100,000 people, 224 Black |
2 | | Illinoisans die of CVD compared to 158 white Illinoisans. |
3 | | Cancer, the second leading cause of death in Illinois, too is |
4 | | pervasive among African Americans. In 2019, an estimated |
5 | | 606,880 Americans, or 1,660 people a day, died of cancer; the |
6 | | American Cancer Society estimated 24,410 deaths occurred in |
7 | | Illinois. KFF estimates that, out of every 100,000 people, 191 |
8 | | Black Illinoisans die of cancer compared to 152 white |
9 | | Illinoisans. |
10 | | Black Americans suffer at much higher rates from chronic |
11 | | diseases, including diabetes, hypertension, heart disease, |
12 | | asthma, and many cancers. Utilizing community health workers |
13 | | in patient education and chronic disease management is needed |
14 | | to close these health disparities. Studies have shown that |
15 | | diabetes patients in the care of a community health worker |
16 | | demonstrate improved knowledge and lifestyle and |
17 | | self-management behaviors, as well as decreases in the use of |
18 | | the emergency department. A study of asthma control among |
19 | | Black adolescents concluded that asthma control was reduced by |
20 | | 35% among adolescents working with community health workers, |
21 | | resulting in a savings of $5.58 per dollar spent on the |
22 | | intervention. A study of the return on investment for |
23 | | community health workers employed in Colorado showed that, |
24 | | after a 9-month period, patients working with community health |
25 | | workers had an increased number of primary care visits and a |
26 | | decrease in urgent and inpatient care. Utilization of |
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1 | | community health workers led to a $2.38 return on investment |
2 | | for every dollar invested in community health workers. |
3 | | Adverse childhood experiences (ACEs) are traumatic |
4 | | experiences occurring during childhood that have been found to |
5 | | have a profound effect on a child's developing brain structure |
6 | | and body which may result in poor health during a person's |
7 | | adulthood. ACEs studies have found a strong correlation |
8 | | between the number of ACEs and a person's risk for disease and |
9 | | negative health behaviors, including suicide, depression, |
10 | | cancer, stroke, ischemic heart disease, diabetes, autoimmune |
11 | | disease, smoking, substance abuse, interpersonal violence, |
12 | | obesity, unplanned pregnancies, lower educational achievement, |
13 | | workplace absenteeism, and lower wages. Data also shows that |
14 | | approximately 20% of African American and Hispanic adults in |
15 | | Illinois reported 4 or more ACEs, compared to 13% of |
16 | | non-Hispanic whites. Long-standing ACE interventions include |
17 | | tools such as trauma-informed care. Trauma-informed care has |
18 | | been promoted and established in communities across the |
19 | | country on a bipartisan basis, including in the states of |
20 | | California, Florida, Massachusetts, Missouri, Oregon, |
21 | | Pennsylvania, Washington, and Wisconsin. Several federal |
22 | | agencies have integrated trauma-informed approaches in their |
23 | | programs and grants which should be leveraged by the State. |
24 | | According to a 2019 Rush University report, a Black |
25 | | person's life expectancy on average is less when compared to a |
26 | | white person's life expectancy. For instance, when comparing |
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1 | | life expectancy in Chicago's Austin neighborhood to the |
2 | | Chicago Loop, there is a difference of 11 years between Black |
3 | | life expectancy (71 years) and white life expectancy (82 |
4 | | years).
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5 | | In a 2015 literature review of implicit racial and ethnic |
6 | | bias among medical professionals, it was concluded that there |
7 | | is a moderate level of implicit bias in most medical |
8 | | professionals. Further, the literature review showed that |
9 | | implicit bias has negative consequences for patients, |
10 | | including strained patient relationships and negative health |
11 | | outcomes. It is critical for medical professionals to be aware |
12 | | of implicit racial and ethnic bias and work to eliminate bias |
13 | | through training. |
14 | | In the field of medicine, a historically racist |
15 | | profession, Black medical professionals have commonly been |
16 | | ostracized. In 1934, Dr. Roland B. Scott was the first African |
17 | | American to pass the pediatric board exam, yet when he applied |
18 | | for membership with the American Academy of Pediatrics he was |
19 | | rejected multiple times. Few medical organizations have |
20 | | confronted the roles they played in blocking opportunities for |
21 | | Black advancement in the medical profession until the formal |
22 | | apologies of the American Medical Association in 2008. For |
23 | | decades, organizations like the AMA predicated their |
24 | | membership on joining a local state medical society, several |
25 | | of which excluded Black physicians. |
26 | | In 2010, the General Assembly, in partnership with |
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1 | | Treatment Alternatives for Safe Communities, published the |
2 | | Disproportionate Justice Impact Study. The study examined the |
3 | | impact of Illinois drug laws on racial and ethnic groups and |
4 | | the resulting over-representation of racial and ethic minority |
5 | | groups in the Illinois criminal justice system. Unsurprisingly |
6 | | and disappointingly, the study confirmed decades long |
7 | | injustices, such as nonwhites being arrested at a higher rate |
8 | | than whites relative to their representation in the general |
9 | | population throughout Illinois. |
10 | | All together, the above mentioned only begins to capture a |
11 | | part of a larger system of racial injustices and inequities. |
12 | | The General Assembly and the people of Illinois are urged to |
13 | | recognize while racism is a core fault of the current health |
14 | | and human service system, that it is a pervasive disease |
15 | | affecting a multiplitude of institutions which truly drive |
16 | | systematic health inequities: education, child care, criminal |
17 | | justice, affordable housing, environmental justice, and job |
18 | | security and so forth. For persons to live up to their full |
19 | | human potential, their rights to quality of life, health care, |
20 | | a quality job, a fair wage, housing, and education must not be |
21 | | inhibited. |
22 | | Therefore, the Illinois Legislative Black Caucus, as |
23 | | informed by the Senate's Health and Human Service Pillar |
24 | | subject matter hearings, seeks to remedy a fraction of a much |
25 | | larger broken system by addressing access to health care, |
26 | | hospital closures, managed care organization reform, community |
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1 | | health worker certification, maternal and infant mortality, |
2 | | mental and substance abuse treatment, hospital reform, and |
3 | | medical implicit bias in the Illinois Health Care and Human |
4 | | Service Reform Act. This Act shall achieve needed change |
5 | | through the use of, but not limited to, the Medicaid Managed |
6 | | Care Oversight Commission, the Health and Human Services Task |
7 | | Force, and a hospital closure moratorium, in order to address |
8 | | Illinois' long-standing health inequities.
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9 | | Title II. Community Health Workers |
10 | | Article 5. |
11 | | Section 5-1. Short title. This Article may be cited as the |
12 | | Community Health Worker Certification and Reimbursement Act. |
13 | | References in this Article to "this Act" mean this Article. |
14 | | Section 5-5. Definition. In this Act, "community health |
15 | | worker" means a frontline public health worker who is a |
16 | | trusted member or has an unusually close understanding of the |
17 | | community served. This trusting relationship enables the |
18 | | community health worker to serve as a liaison, link, and |
19 | | intermediary between health and social services and the |
20 | | community to facilitate access to services and improve the |
21 | | quality and cultural competence of service delivery. A |
22 | | community health worker also builds individual and community |
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1 | | capacity by increasing health knowledge and self-sufficiency |
2 | | through a range of activities, including outreach, community |
3 | | education, informal counseling, social support, and advocacy. |
4 | | A community health worker shall have the following core |
5 | | competencies: |
6 | | (1) communication; |
7 | | (2) interpersonal skills and relationship building; |
8 | | (3) service coordination and navigation skills; |
9 | | (4) capacity-building; |
10 | | (5) advocacy; |
11 | | (6) presentation and facilitation skills; |
12 | | (7) organizational skills; cultural competency; |
13 | | (8) public health knowledge; |
14 | | (9) understanding of health systems and basic |
15 | | diseases; |
16 | | (10) behavioral health issues; and |
17 | | (11) field experience. |
18 | | Nothing in this definition shall be construed to authorize |
19 | | a community health worker to provide direct care or treatment |
20 | | to any person or to perform any act or service for which a |
21 | | license issued by a professional licensing board is required. |
22 | | Section 5-10. Community health worker training. |
23 | | (a) Community health workers shall be provided with |
24 | | multi-tiered academic and community-based training |
25 | | opportunities that lead to the mastery of community health |
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1 | | worker core competencies. |
2 | | (b) For academic-based training programs, the Department |
3 | | of Public Health shall collaborate with the Illinois State |
4 | | Board of Education, the Illinois Community College Board, and |
5 | | the Illinois Board of Higher Education to adopt a process to |
6 | | certify academic-based training programs that students can |
7 | | attend to obtain individual community health worker |
8 | | certification. Certified training programs shall reflect the |
9 | | approved core competencies and roles for community health |
10 | | workers. |
11 | | (c) For community-based training programs, the Department |
12 | | of Public Health shall collaborate with a statewide |
13 | | association representing community health workers to adopt a |
14 | | process to certify community-based programs that students can |
15 | | attend to obtain individual community health worker |
16 | | certification. |
17 | | (d) Community health workers may need to undergo |
18 | | additional training, including, but not limited to, asthma, |
19 | | diabetes, maternal child health, behavioral health, and social |
20 | | determinants of health training. Multi-tiered training |
21 | | approaches shall provide opportunities that build on each |
22 | | other and prepare community health workers for career pathways |
23 | | both within the community health worker profession and within |
24 | | allied professions. |
25 | | Section 5-15. Illinois Community Health Worker |
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1 | | Certification Board. |
2 | | (a) There is created within the Department of Public |
3 | | Health, in shared leadership with a statewide association |
4 | | representing community health workers, the Illinois Community |
5 | | Health Worker Certification Board. The Board shall serve as |
6 | | the regulatory body that develops and has oversight of initial |
7 | | community health workers certification and certification |
8 | | renewals for both individuals and academic and community-based |
9 | | training programs. |
10 | | (b) A representative from the Department of Public Health, |
11 | | the Department of Financial and Professional Regulation, the |
12 | | Department of Healthcare and Family Services, and the |
13 | | Department of Human Services shall serve on the Board. At |
14 | | least one full-time professional shall be assigned to staff |
15 | | the Board with additional administrative support available as |
16 | | needed. The Board shall have balanced representation from the |
17 | | community health worker workforce, community health worker |
18 | | employers, community health worker training and educational |
19 | | organizations, and other engaged stakeholders. |
20 | | (c) The Board shall propose a certification process for |
21 | | and be authorized to approve training from community-based |
22 | | organizations, in conjunction with a statewide organization |
23 | | representing community health workers, and academic |
24 | | institutions, in consultation with the Illinois State Board of |
25 | | Education, the Illinois Community College Board and the |
26 | | Illinois Board of Higher Education. The Board shall base |
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1 | | training approval on core competencies, best practices, and |
2 | | affordability. In addition, the Board shall maintain a |
3 | | registry of certification records for individually certified |
4 | | community health workers. |
5 | | (d) All training programs that are deemed certifiable by |
6 | | the Board shall go through a renewal process, which will be |
7 | | determined by the Board once established. The Board shall |
8 | | establish criteria to grandfather in any community health |
9 | | workers who were practicing prior to the establishment of a |
10 | | certification program. |
11 | | (e) To ensure high-quality service, the Illinois Community |
12 | | Health Worker Certification Board shall examine and consider |
13 | | for adoption best practices from other states that have |
14 | | implemented policies to allow for alternative opportunities to |
15 | | demonstrate competency in core skills and knowledge in |
16 | | addition to certification. |
17 | | (f) The Department of Public Health shall explore ways to |
18 | | compensate members of the Board. |
19 | | Section 5-20. Reimbursement. Community health worker |
20 | | services shall be covered under the medical assistance |
21 | | program, subject to appropriation, for persons who are |
22 | | otherwise eligible for medical assistance. The Department of |
23 | | Healthcare and Family Services shall develop services, |
24 | | including, but not limited to, care coordination and |
25 | | diagnosis-related patient services, for which community health |
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1 | | workers will be eligible for reimbursement and shall request |
2 | | approval from the federal Centers for Medicare and Medicaid |
3 | | Services to reimburse community health worker services under |
4 | | the medical assistance program. For reimbursement under the |
5 | | medical assistance program, a community health worker must |
6 | | work under the supervision of an enrolled medical program |
7 | | provider, as specified by the Department, and certification |
8 | | shall be required for reimbursement. The supervision of |
9 | | enrolled medical program providers and certification are not |
10 | | required for community health workers who receive |
11 | | reimbursement through managed care administrative moneys. |
12 | | Noncertified community health workers are reimbursable at the |
13 | | discretion of managed care entities following availability of |
14 | | community health worker certification. In addition, the |
15 | | Department of Healthcare and Family Services shall amend its |
16 | | contracts with managed care entities to allow managed care |
17 | | entities to employ community health workers or subcontract |
18 | | with community-based organizations that employ community |
19 | | health workers. |
20 | | Section 5-23. Certification. Certification shall not be |
21 | | required for employment of community health workers. |
22 | | Noncertified community health workers may be employed through |
23 | | funding sources outside of the medical assistance program. |
24 | | Section 5-25. Rules. The Department of Public Health and |
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1 | | the Department of Healthcare and Family Services may adopt |
2 | | rules for the implementation and administration of this Act. |
3 | | Title III. Hospital Reform |
4 | | Article 10. |
5 | | Section 10-5. The Hospital Licensing Act is amended by |
6 | | changing Section 10.4 as follows:
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7 | | (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
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8 | | Sec. 10.4. Medical staff privileges.
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9 | | (a) Any hospital licensed under this Act or any hospital |
10 | | organized under the
University of Illinois Hospital Act shall, |
11 | | prior to the granting of any medical
staff privileges to an |
12 | | applicant, or renewing a current medical staff member's
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13 | | privileges, request of the Director of Professional Regulation |
14 | | information
concerning the licensure status , proper |
15 | | credentials, required certificates, and any disciplinary |
16 | | action taken against the
applicant's or medical staff member's |
17 | | license, except: (1) for medical personnel who
enter a |
18 | | hospital to obtain organs and tissues for transplant from a |
19 | | donor in accordance with the Illinois Anatomical Gift Act; or |
20 | | (2) for medical personnel who have been granted disaster |
21 | | privileges pursuant to the procedures and requirements |
22 | | established by rules adopted by the Department. Any hospital |
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1 | | and any employees of the hospital or others involved in |
2 | | granting privileges who, in good faith, grant disaster |
3 | | privileges pursuant to this Section to respond to an emergency |
4 | | shall not, as a result of their acts or omissions, be liable |
5 | | for civil damages for granting or denying disaster privileges |
6 | | except in the event of willful and wanton misconduct, as that |
7 | | term is defined in Section 10.2 of this Act. Individuals |
8 | | granted privileges who provide care in an emergency situation, |
9 | | in good faith and without direct compensation, shall not, as a |
10 | | result of their acts or omissions, except for acts or |
11 | | omissions involving willful and wanton misconduct, as that |
12 | | term is defined in Section 10.2 of this Act, on the part of the |
13 | | person, be liable for civil damages. The Director of
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14 | | Professional Regulation shall transmit, in writing and in a |
15 | | timely fashion,
such information regarding the license of the |
16 | | applicant or the medical staff
member, including the record of |
17 | | imposition of any periods of
supervision or monitoring as a |
18 | | result of alcohol or
substance abuse, as provided by Section |
19 | | 23 of the Medical
Practice Act of 1987, and such information as |
20 | | may have been
submitted to the Department indicating that the |
21 | | application
or medical staff member has been denied, or has |
22 | | surrendered,
medical staff privileges at a hospital licensed |
23 | | under this
Act, or any equivalent facility in another state or
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24 | | territory of the United States. The Director of Professional |
25 | | Regulation
shall define by rule the period for timely response |
26 | | to such requests.
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1 | | No transmittal of information by the Director of |
2 | | Professional Regulation,
under this Section shall be to other |
3 | | than the president, chief
operating officer, chief |
4 | | administrative officer, or chief of
the medical staff of a |
5 | | hospital licensed under this Act, a
hospital organized under |
6 | | the University of Illinois Hospital Act, or a hospital
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7 | | operated by the United States, or any of its |
8 | | instrumentalities. The
information so transmitted shall be |
9 | | afforded the same status
as is information concerning medical |
10 | | studies by Part 21 of Article VIII of the
Code of Civil |
11 | | Procedure, as now or hereafter amended.
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12 | | (b) All hospitals licensed under this Act, except county |
13 | | hospitals as
defined in subsection (c) of Section 15-1 of the |
14 | | Illinois Public Aid Code,
shall comply with, and the medical |
15 | | staff bylaws of these hospitals shall
include rules consistent |
16 | | with, the provisions of this Section in granting,
limiting, |
17 | | renewing, or denying medical staff membership and
clinical |
18 | | staff privileges. Hospitals that require medical staff members |
19 | | to
possess
faculty status with a specific institution of |
20 | | higher education are not required
to comply with subsection |
21 | | (1) below when the physician does not possess faculty
status.
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22 | | (1) Minimum procedures for
pre-applicants and |
23 | | applicants for medical staff
membership shall include the |
24 | | following:
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25 | | (A) Written procedures relating to the acceptance |
26 | | and processing of
pre-applicants or applicants for |
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1 | | medical staff membership, which should be
contained in
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2 | | medical staff bylaws.
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3 | | (B) Written procedures to be followed in |
4 | | determining
a pre-applicant's or
an applicant's
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5 | | qualifications for being granted medical staff |
6 | | membership and privileges.
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7 | | (C) Written criteria to be followed in evaluating
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8 | | a pre-applicant's or
an applicant's
qualifications.
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9 | | (D) An evaluation of
a pre-applicant's or
an |
10 | | applicant's current health status and current
license |
11 | | status in Illinois.
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12 | | (E) A written response to each
pre-applicant or
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13 | | applicant that explains the reason or
reasons for any |
14 | | adverse decision (including all reasons based in whole |
15 | | or
in part on the applicant's medical qualifications |
16 | | or any other basis,
including economic factors).
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17 | | (2) Minimum procedures with respect to medical staff |
18 | | and clinical
privilege determinations concerning current |
19 | | members of the medical staff shall
include the following:
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20 | | (A) A written notice of an adverse decision.
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21 | | (B) An explanation of the reasons for an adverse |
22 | | decision including all
reasons based on the quality of |
23 | | medical care or any other basis, including
economic |
24 | | factors.
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25 | | (C) A statement of the medical staff member's |
26 | | right to request a fair
hearing on the adverse |
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1 | | decision before a hearing panel whose membership is
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2 | | mutually agreed upon by the medical staff and the |
3 | | hospital governing board. The
hearing panel shall have |
4 | | independent authority to recommend action to the
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5 | | hospital governing board. Upon the request of the |
6 | | medical staff member or the
hospital governing board, |
7 | | the hearing panel shall make findings concerning the
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8 | | nature of each basis for any adverse decision |
9 | | recommended to and accepted by
the hospital governing |
10 | | board.
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11 | | (i) Nothing in this subparagraph (C) limits a |
12 | | hospital's or medical
staff's right to summarily |
13 | | suspend, without a prior hearing, a person's |
14 | | medical
staff membership or clinical privileges if |
15 | | the continuation of practice of a
medical staff |
16 | | member constitutes an immediate danger to the |
17 | | public, including
patients, visitors, and hospital |
18 | | employees and staff. In the event that a hospital |
19 | | or the medical staff imposes a summary suspension, |
20 | | the Medical Executive Committee, or other |
21 | | comparable governance committee of the medical |
22 | | staff as specified in the bylaws, must meet as |
23 | | soon as is reasonably possible to review the |
24 | | suspension and to recommend whether it should be |
25 | | affirmed, lifted, expunged, or modified if the |
26 | | suspended physician requests such review. A |
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1 | | summary suspension may not be implemented unless |
2 | | there is actual documentation or other reliable |
3 | | information that an immediate danger exists. This |
4 | | documentation or information must be available at |
5 | | the time the summary suspension decision is made |
6 | | and when the decision is reviewed by the Medical |
7 | | Executive Committee. If the Medical Executive |
8 | | Committee recommends that the summary suspension |
9 | | should be lifted, expunged, or modified, this |
10 | | recommendation must be reviewed and considered by |
11 | | the hospital governing board, or a committee of |
12 | | the board, on an expedited basis. Nothing in this |
13 | | subparagraph (C) shall affect the requirement that |
14 | | any requested hearing must be commenced within 15 |
15 | | days after the summary suspension and completed |
16 | | without delay unless otherwise agreed to by the |
17 | | parties. A fair hearing shall be
commenced within |
18 | | 15 days after the suspension and completed without |
19 | | delay, except that when the medical staff member's |
20 | | license to practice has been suspended or revoked |
21 | | by the State's licensing authority, no hearing |
22 | | shall be necessary.
|
23 | | (ii) Nothing in this subparagraph (C) limits a |
24 | | medical staff's right
to permit, in the medical |
25 | | staff bylaws, summary suspension of membership or
|
26 | | clinical privileges in designated administrative |
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1 | | circumstances as specifically
approved by the |
2 | | medical staff. This bylaw provision must |
3 | | specifically describe
both the administrative |
4 | | circumstance that can result in a summary |
5 | | suspension
and the length of the summary |
6 | | suspension. The opportunity for a fair hearing is
|
7 | | required for any administrative summary |
8 | | suspension. Any requested hearing must
be |
9 | | commenced within 15 days after the summary |
10 | | suspension and completed without
delay. Adverse |
11 | | decisions other than suspension or other |
12 | | restrictions on the
treatment or admission of |
13 | | patients may be imposed summarily and without a
|
14 | | hearing under designated administrative |
15 | | circumstances as specifically provided
for in the |
16 | | medical staff bylaws as approved by the medical |
17 | | staff.
|
18 | | (iii) If a hospital exercises its option to |
19 | | enter into an exclusive
contract and that contract |
20 | | results in the total or partial termination or
|
21 | | reduction of medical staff membership or clinical |
22 | | privileges of a current
medical staff member, the |
23 | | hospital shall provide the affected medical staff
|
24 | | member 60 days prior notice of the effect on his or |
25 | | her medical staff
membership or privileges. An |
26 | | affected medical staff member desiring a hearing
|
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1 | | under subparagraph (C) of this paragraph (2) must |
2 | | request the hearing within 14
days after the date |
3 | | he or she is so notified. The requested hearing |
4 | | shall be
commenced and completed (with a report |
5 | | and recommendation to the affected
medical staff |
6 | | member, hospital governing board, and medical |
7 | | staff) within 30
days after the date of the |
8 | | medical staff member's request. If agreed upon by
|
9 | | both the medical staff and the hospital governing |
10 | | board, the medical staff
bylaws may provide for |
11 | | longer time periods.
|
12 | | (C-5) All peer review used for the purpose of |
13 | | credentialing, privileging, disciplinary action, or |
14 | | other recommendations affecting medical staff |
15 | | membership or exercise of clinical privileges, whether |
16 | | relying in whole or in part on internal or external |
17 | | reviews, shall be conducted in accordance with the |
18 | | medical staff bylaws and applicable rules, |
19 | | regulations, or policies of the medical staff. If |
20 | | external review is obtained, any adverse report |
21 | | utilized shall be in writing and shall be made part of |
22 | | the internal peer review process under the bylaws. The |
23 | | report shall also be shared with a medical staff peer |
24 | | review committee and the individual under review. If |
25 | | the medical staff peer review committee or the |
26 | | individual under review prepares a written response to |
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1 | | the report of the external peer review within 30 days |
2 | | after receiving such report, the governing board shall |
3 | | consider the response prior to the implementation of |
4 | | any final actions by the governing board which may |
5 | | affect the individual's medical staff membership or |
6 | | clinical privileges. Any peer review that involves |
7 | | willful or wanton misconduct shall be subject to civil |
8 | | damages as provided for under Section 10.2 of this |
9 | | Act.
|
10 | | (D) A statement of the member's right to inspect |
11 | | all pertinent
information in the hospital's possession |
12 | | with respect to the decision.
|
13 | | (E) A statement of the member's right to present |
14 | | witnesses and other
evidence at the hearing on the |
15 | | decision.
|
16 | | (E-5) The right to be represented by a personal |
17 | | attorney.
|
18 | | (F) A written notice and written explanation of |
19 | | the decision resulting
from the hearing.
|
20 | | (F-5) A written notice of a final adverse decision |
21 | | by a hospital
governing board.
|
22 | | (G) Notice given 15 days before implementation of |
23 | | an adverse medical
staff membership or clinical |
24 | | privileges decision based substantially on
economic |
25 | | factors. This notice shall be given after the medical |
26 | | staff member
exhausts all applicable procedures under |
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1 | | this Section, including item (iii) of
subparagraph (C) |
2 | | of this paragraph (2), and under the medical staff |
3 | | bylaws in
order to allow sufficient time for the |
4 | | orderly provision of patient care.
|
5 | | (H) Nothing in this paragraph (2) of this |
6 | | subsection (b) limits a
medical staff member's right |
7 | | to waive, in writing, the rights provided in
|
8 | | subparagraphs (A) through (G) of this paragraph (2) of |
9 | | this subsection (b) upon
being granted the written |
10 | | exclusive right to provide particular services at a
|
11 | | hospital, either individually or as a member of a |
12 | | group. If an exclusive
contract is signed by a |
13 | | representative of a group of physicians, a waiver
|
14 | | contained in the contract shall apply to all members |
15 | | of the group unless stated
otherwise in the contract.
|
16 | | (3) Every adverse medical staff membership and |
17 | | clinical privilege decision
based substantially on |
18 | | economic factors shall be reported to the Hospital
|
19 | | Licensing Board before the decision takes effect. These |
20 | | reports shall not be
disclosed in any form that reveals |
21 | | the identity of any hospital or physician.
These reports |
22 | | shall be utilized to study the effects that hospital |
23 | | medical
staff membership and clinical privilege decisions |
24 | | based upon economic factors
have on access to care and the |
25 | | availability of physician services. The
Hospital Licensing |
26 | | Board shall submit an initial study to the Governor and |
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1 | | the
General Assembly by January 1, 1996, and subsequent |
2 | | reports shall be submitted
periodically thereafter.
|
3 | | (4) As used in this Section:
|
4 | | "Adverse decision" means a decision reducing, |
5 | | restricting, suspending,
revoking, denying, or not |
6 | | renewing medical staff membership or clinical
privileges.
|
7 | | "Economic factor" means any information or reasons for |
8 | | decisions unrelated
to quality of care or professional |
9 | | competency.
|
10 | | "Pre-applicant" means a physician licensed to practice |
11 | | medicine in all
its
branches who requests an application |
12 | | for medical staff membership or
privileges.
|
13 | | "Privilege" means permission to provide
medical or |
14 | | other patient care services and permission to use hospital
|
15 | | resources, including equipment, facilities and personnel |
16 | | that are necessary to
effectively provide medical or other |
17 | | patient care services. This definition
shall not be |
18 | | construed to
require a hospital to acquire additional |
19 | | equipment, facilities, or personnel to
accommodate the |
20 | | granting of privileges.
|
21 | | (5) Any amendment to medical staff bylaws required |
22 | | because of
this amendatory Act of the 91st General |
23 | | Assembly shall be adopted on or
before July 1, 2001.
|
24 | | (c) All hospitals shall consult with the medical staff |
25 | | prior to closing
membership in the entire or any portion of the |
26 | | medical staff or a department.
If
the hospital closes |
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1 | | membership in the medical staff, any portion of the medical
|
2 | | staff, or the department over the objections of the medical |
3 | | staff, then the
hospital
shall provide a detailed written |
4 | | explanation for the decision to the medical
staff
10 days |
5 | | prior to the effective date of any closure. No applications |
6 | | need to be
provided when membership in the medical staff or any |
7 | | relevant portion of the
medical staff is closed.
|
8 | | (Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)
|
9 | | Article 15. |
10 | | Section 15-3. The Illinois Health Finance Reform Act is |
11 | | amended by changing Section 4-4 as follows:
|
12 | | (20 ILCS 2215/4-4) (from Ch. 111 1/2, par. 6504-4)
|
13 | | Sec. 4-4.
(a) Hospitals shall make available to |
14 | | prospective patients
information on the normal charge incurred |
15 | | for any procedure or operation
the prospective patient is |
16 | | considering.
|
17 | | (b) The Department of Public Health shall require |
18 | | hospitals
to post , either by physical or electronic means, in |
19 | | prominent letters, in letters no more than one inch in height |
20 | | the established charges for
services, where applicable, |
21 | | including but not limited to the hospital's private
room |
22 | | charge, semi-private room charge, charge for a room with 3 or |
23 | | more beds,
intensive care room charges, emergency room charge, |
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1 | | operating room charge,
electrocardiogram charge, anesthesia |
2 | | charge, chest x-ray charge, blood sugar
charge, blood |
3 | | chemistry charge, tissue exam charge, blood typing charge and |
4 | | Rh
factor charge. The definitions of each charge to be posted |
5 | | shall be determined
by the Department.
|
6 | | (Source: P.A. 92-597, eff. 7-1-02.)
|
7 | | Section 15-5. The Hospital Licensing Act is amended by |
8 | | changing Sections 6, 6.14c, 10.10, and 11.5 as follows:
|
9 | | (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
|
10 | | Sec. 6.
(a) Upon receipt of an application for a permit to |
11 | | establish
a hospital the Director shall issue a permit if he |
12 | | finds (1) that the
applicant is fit, willing, and able to |
13 | | provide a proper standard of
hospital service for the |
14 | | community with particular regard to the
qualification, |
15 | | background, and character of the applicant, (2) that the
|
16 | | financial resources available to the applicant demonstrate an |
17 | | ability to
construct, maintain, and operate a hospital in |
18 | | accordance with the
standards, rules, and regulations adopted |
19 | | pursuant to this Act, and (3)
that safeguards are provided |
20 | | which assure hospital operation and
maintenance consistent |
21 | | with the public interest having particular regard
to safe, |
22 | | adequate, and efficient hospital facilities and services.
|
23 | | The Director may request the cooperation of county and
|
24 | | multiple-county health departments, municipal boards of |
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1 | | health, and
other governmental and non-governmental agencies |
2 | | in obtaining
information and in conducting investigations |
3 | | relating to such
applications.
|
4 | | A permit to establish a hospital shall be valid only for |
5 | | the premises
and person named in the application for such |
6 | | permit and shall not be
transferable or assignable.
|
7 | | In the event the Director issues a permit to establish a |
8 | | hospital the
applicant shall thereafter submit plans and |
9 | | specifications to the
Department in accordance with Section 8 |
10 | | of this Act.
|
11 | | (b) Upon receipt of an application for license to open, |
12 | | conduct,
operate, and maintain a hospital, the Director shall |
13 | | issue a license if
he finds the applicant and the hospital |
14 | | facilities comply with
standards, rules, and regulations |
15 | | promulgated under this Act. A license,
unless sooner suspended |
16 | | or revoked, shall be renewable annually upon
approval by the |
17 | | Department and payment of a license fee as established |
18 | | pursuant to Section 5 of this Act. Each license shall be issued |
19 | | only for the
premises and persons named in the application and |
20 | | shall not be
transferable or assignable. Licenses shall be |
21 | | posted , either by physical or electronic means, in a |
22 | | conspicuous
place on the licensed premises. The Department |
23 | | may, either before or
after the issuance of a license, request |
24 | | the cooperation of the State Fire
Marshal, county
and multiple |
25 | | county health departments, or municipal boards of health to
|
26 | | make investigations to determine if the applicant or licensee |
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1 | | is
complying with the minimum standards prescribed by the |
2 | | Department. The
report and recommendations of any such agency |
3 | | shall be in writing and
shall state with particularity its |
4 | | findings with respect to compliance
or noncompliance with such |
5 | | minimum standards, rules, and regulations.
|
6 | | The Director may issue a provisional license to any |
7 | | hospital which
does not substantially comply with the |
8 | | provisions of this Act and the
standards, rules, and |
9 | | regulations promulgated by virtue thereof provided
that he |
10 | | finds that such hospital has undertaken changes and |
11 | | corrections
which upon completion will render the hospital in |
12 | | substantial compliance
with the provisions of this Act, and |
13 | | the standards, rules, and
regulations adopted hereunder, and |
14 | | provided that the health and safety
of the patients of the |
15 | | hospital will be protected during the period for
which such |
16 | | provisional license is issued. The Director shall advise the
|
17 | | licensee of the conditions under which such provisional |
18 | | license is
issued, including the manner in which the hospital |
19 | | facilities fail to
comply with the provisions of the Act, |
20 | | standards, rules, and
regulations, and the time within which |
21 | | the changes and corrections
necessary for such hospital |
22 | | facilities to substantially comply with this
Act, and the |
23 | | standards, rules, and regulations of the Department
relating |
24 | | thereto shall be completed.
|
25 | | (Source: P.A. 98-683, eff. 6-30-14.)
|
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1 | | (210 ILCS 85/6.14c)
|
2 | | Sec. 6.14c. Posting of information. Every hospital shall |
3 | | conspicuously post , either by physical or electronic means,
|
4 | | for display in an
area of its offices accessible to patients, |
5 | | employees, and visitors the
following:
|
6 | | (1) its current license;
|
7 | | (2) a description, provided by the Department, of |
8 | | complaint
procedures established under this Act and the |
9 | | name, address, and
telephone number of a person authorized |
10 | | by the Department to receive
complaints;
|
11 | | (3) a list of any orders pertaining to the hospital |
12 | | issued by the
Department during the past year and any |
13 | | court orders reviewing such Department
orders issued |
14 | | during the past year; and
|
15 | | (4) a list of the material available for public |
16 | | inspection under
Section 6.14d.
|
17 | | Each hospital shall post, either by physical or electronic |
18 | | means, in each facility that has an emergency room, a notice in |
19 | | a conspicuous location in the emergency room with information |
20 | | about how to enroll in health insurance through the Illinois |
21 | | health insurance marketplace in accordance with Sections 1311 |
22 | | and 1321 of the federal Patient Protection and Affordable Care |
23 | | Act. |
24 | | (Source: P.A. 101-117, eff. 1-1-20 .)
|
25 | | (210 ILCS 85/10.10) |
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1 | | Sec. 10.10. Nurse Staffing by Patient Acuity.
|
2 | | (a) Findings. The Legislature finds and declares all of |
3 | | the following: |
4 | | (1) The State of Illinois has a substantial interest |
5 | | in promoting quality care and improving the delivery of |
6 | | health care services. |
7 | | (2) Evidence-based studies have shown that the basic |
8 | | principles of staffing in the acute care setting should be |
9 | | based on the complexity of patients' care needs aligned |
10 | | with available nursing skills to promote quality patient |
11 | | care consistent with professional nursing standards. |
12 | | (3) Compliance with this Section promotes an |
13 | | organizational climate that values registered nurses' |
14 | | input in meeting the health care needs of hospital |
15 | | patients. |
16 | | (b) Definitions. As used in this Section: |
17 | | "Acuity model" means an assessment tool selected and |
18 | | implemented by a hospital, as recommended by a nursing care |
19 | | committee, that assesses the complexity of patient care needs |
20 | | requiring professional nursing care and skills and aligns |
21 | | patient care needs and nursing skills consistent with |
22 | | professional nursing standards. |
23 | | "Department" means the Department of Public Health. |
24 | | "Direct patient care" means care provided by a registered |
25 | | professional nurse with direct responsibility to oversee or |
26 | | carry out medical regimens or nursing care for one or more |
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1 | | patients. |
2 | | "Nursing care committee" means an existing or newly |
3 | | created hospital-wide committee or committees of nurses whose |
4 | | functions, in part or in whole, contribute to the development, |
5 | | recommendation, and review of the hospital's nurse staffing |
6 | | plan established pursuant to subsection (d). |
7 | | "Registered professional nurse" means a person licensed as |
8 | | a Registered Nurse under the Nurse
Practice Act. |
9 | | "Written staffing plan for nursing care services" means a |
10 | | written plan for guiding the assignment of patient care |
11 | | nursing staff based on multiple nurse and patient |
12 | | considerations that yield minimum staffing levels for |
13 | | inpatient care units and the adopted acuity model aligning |
14 | | patient care needs with nursing skills required for quality |
15 | | patient care consistent with professional nursing standards. |
16 | | (c) Written staffing plan. |
17 | | (1) Every hospital shall implement a written |
18 | | hospital-wide staffing plan, recommended by a nursing care |
19 | | committee or committees, that provides for minimum direct |
20 | | care professional registered nurse-to-patient staffing |
21 | | needs for each inpatient care unit. The written |
22 | | hospital-wide staffing plan shall include, but need not be |
23 | | limited to, the following considerations: |
24 | | (A) The complexity of complete care, assessment on |
25 | | patient admission, volume of patient admissions, |
26 | | discharges and transfers, evaluation of the progress |
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1 | | of a patient's problems, ongoing physical assessments, |
2 | | planning for a patient's discharge, assessment after a |
3 | | change in patient condition, and assessment of the |
4 | | need for patient referrals. |
5 | | (B) The complexity of clinical professional |
6 | | nursing judgment needed to design and implement a |
7 | | patient's nursing care plan, the need for specialized |
8 | | equipment and technology, the skill mix of other |
9 | | personnel providing or supporting direct patient care, |
10 | | and involvement in quality improvement activities, |
11 | | professional preparation, and experience. |
12 | | (C) Patient acuity and the number of patients for |
13 | | whom care is being provided. |
14 | | (D) The ongoing assessments of a unit's patient |
15 | | acuity levels and nursing staff needed shall be |
16 | | routinely made by the unit nurse manager or his or her |
17 | | designee. |
18 | | (E) The identification of additional registered |
19 | | nurses available for direct patient care when |
20 | | patients' unexpected needs exceed the planned workload |
21 | | for direct care staff. |
22 | | (2) In order to provide staffing flexibility to meet |
23 | | patient needs, every hospital shall identify an acuity |
24 | | model for adjusting the staffing plan for each inpatient |
25 | | care unit. |
26 | | (3) The written staffing plan shall be posted , either |
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1 | | by physical or electronic means, in a conspicuous and |
2 | | accessible location for both patients and direct care |
3 | | staff, as required under the Hospital Report Card Act. A |
4 | | copy of the written staffing plan shall be provided to any |
5 | | member of the general public upon request. |
6 | | (d) Nursing care committee. |
7 | | (1) Every hospital shall have a nursing care |
8 | | committee. A hospital shall appoint members of a committee |
9 | | whereby at least 50% of the members are registered |
10 | | professional nurses providing direct patient care. |
11 | | (2) A nursing care committee's recommendations must be |
12 | | given significant regard and weight in the hospital's |
13 | | adoption and implementation of a written staffing plan.
|
14 | | (3) A nursing care committee or committees shall |
15 | | recommend a written staffing plan for the hospital based |
16 | | on the principles from the staffing components set forth |
17 | | in subsection (c). In particular, a committee or |
18 | | committees shall provide input and feedback on the |
19 | | following: |
20 | | (A) Selection, implementation, and evaluation of |
21 | | minimum staffing levels for inpatient care units. |
22 | | (B) Selection, implementation, and evaluation of |
23 | | an acuity model to provide staffing flexibility that |
24 | | aligns changing patient acuity with nursing skills |
25 | | required. |
26 | | (C) Selection, implementation, and evaluation of a |
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1 | | written staffing plan incorporating the items |
2 | | described in subdivisions (c)(1) and (c)(2) of this |
3 | | Section. |
4 | | (D) Review the following: nurse-to-patient |
5 | | staffing guidelines for all inpatient areas; and |
6 | | current acuity tools and measures in use. |
7 | | (4) A nursing care committee must address the items |
8 | | described in subparagraphs (A) through (D) of paragraph |
9 | | (3) semi-annually. |
10 | | (e) Nothing in this Section 10.10 shall be construed to |
11 | | limit, alter, or modify any of the terms, conditions, or |
12 | | provisions of a collective bargaining agreement entered into |
13 | | by the hospital.
|
14 | | (Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12; |
15 | | 97-813, eff. 7-13-12.) |
16 | | (210 ILCS 85/11.5)
|
17 | | Sec. 11.5. Uniform standards of obstetrical care |
18 | | regardless of
ability to pay. |
19 | | (a) No hospital may promulgate policies or implement |
20 | | practices that determine
differing standards of obstetrical |
21 | | care based upon a patient's source of
payment or ability
to pay |
22 | | for medical services.
|
23 | | (b) Each hospital shall develop a written policy statement |
24 | | reflecting the
requirements of subsection (a) and shall post , |
25 | | either by physical or electronic means, written notices of |
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1 | | this policy in
the obstetrical admitting areas of the hospital |
2 | | by July 1, 2004. Notices
posted pursuant to this Section shall |
3 | | be posted in the predominant language or
languages spoken in |
4 | | the hospital's service area.
|
5 | | (Source: P.A. 93-981, eff. 8-23-04.) |
6 | | Section 15-10. The Language Assistance Services Act is |
7 | | amended by changing Section 15 as follows:
|
8 | | (210 ILCS 87/15)
|
9 | | Sec. 15. Language assistance services. |
10 | | (a) To ensure access to
health care information and |
11 | | services for
limited-English-speaking or non-English-speaking |
12 | | residents and deaf residents,
a health facility must do the |
13 | | following:
|
14 | | (1) Adopt and review annually a policy for providing |
15 | | language assistance
services to patients with language or |
16 | | communication barriers. The policy shall
include |
17 | | procedures for providing, to the extent possible as |
18 | | determined by the
facility, the use of an interpreter |
19 | | whenever a language or communication
barrier
exists, |
20 | | except where the patient, after being informed of the |
21 | | availability of
the interpreter service, chooses to use a |
22 | | family member or friend who
volunteers to interpret. The |
23 | | procedures shall be designed to maximize
efficient use of |
24 | | interpreters and minimize delays in providing interpreters |
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1 | | to
patients. The procedures shall insure, to the extent |
2 | | possible as determined
by the facility, that
interpreters |
3 | | are available, either on the premises or accessible by |
4 | | telephone,
24 hours a day. The facility shall annually |
5 | | transmit to the Department of
Public Health a
copy of the |
6 | | updated policy and shall include a description of the |
7 | | facility's
efforts to
insure adequate and speedy |
8 | | communication between patients with language or
|
9 | | communication barriers and staff.
|
10 | | (2) Develop, and post , either by physical or |
11 | | electronic means, in conspicuous locations, notices that |
12 | | advise patients
and their families of the availability of |
13 | | interpreters, the procedure for
obtaining an interpreter, |
14 | | and the telephone numbers to call for filing
complaints |
15 | | concerning interpreter service problems, including, but |
16 | | not limited
to, a
TTY number for persons who are deaf or |
17 | | hard of hearing. The notices shall be posted, at a
|
18 | | minimum, in the emergency room, the admitting area, the |
19 | | facility entrance, and
the
outpatient area. Notices shall |
20 | | inform patients that interpreter services are
available on |
21 | | request, shall list the languages most commonly |
22 | | encountered at the facility for which interpreter services
|
23 | | are available, and shall instruct patients to direct |
24 | | complaints regarding
interpreter services to the |
25 | | Department of Public Health, including the
telephone
|
26 | | numbers to call for that purpose.
|
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1 | | (3) Notify the facility's employees of the language |
2 | | services available at the facility and train them on how |
3 | | to make those language services available to patients.
|
4 | | (b) In addition, a health facility may do one or more of |
5 | | the following: |
6 | | (1) Identify and record a patient's primary language |
7 | | and dialect on one or more of the following: a patient |
8 | | medical chart, hospital bracelet, bedside notice, or |
9 | | nursing card. |
10 | | (2) Prepare and maintain, as needed, a list of |
11 | | interpreters who have been identified as proficient in |
12 | | sign language according to the Interpreter for the Deaf |
13 | | Licensure Act of 2007 and a list of the languages of the |
14 | | population of the geographical area served by the |
15 | | facility.
|
16 | | (3) Review all standardized written forms, waivers, |
17 | | documents, and
informational materials available to |
18 | | patients on admission to determine which
to translate into |
19 | | languages other than English.
|
20 | | (4) Consider providing its nonbilingual staff with |
21 | | standardized picture and
phrase sheets for use in routine |
22 | | communications with patients who have language
or |
23 | | communication barriers.
|
24 | | (5) Develop community liaison groups to enable the |
25 | | facility and the
limited-English-speaking, |
26 | | non-English-speaking, and deaf communities to ensure
the |
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1 | | adequacy of the
interpreter services.
|
2 | | (Source: P.A. 98-756, eff. 7-16-14.)
|
3 | | Section 15-15. The Fair Patient Billing Act is amended by |
4 | | changing Section 15 as follows: |
5 | | (210 ILCS 88/15)
|
6 | | Sec. 15. Patient notification. |
7 | | (a) Each hospital shall post a sign with the following |
8 | | notice: |
9 | |
"You may be eligible for financial assistance under |
10 | | the terms and conditions the hospital offers to qualified |
11 | | patients. For more information contact [hospital financial |
12 | | assistance representative]". |
13 | | (b) The sign under subsection (a) shall be posted , either |
14 | | by physical or electronic means, conspicuously in the |
15 | | admission and registration areas of the hospital. |
16 | | (c) The sign shall be in English, and in any other language |
17 | | that is the primary language of at least 5% of the patients |
18 | | served by the hospital annually. |
19 | | (d) Each hospital that has a website must post a notice in |
20 | | a prominent place on its website that financial assistance is |
21 | | available at the hospital, a description of the financial |
22 | | assistance application process, and a copy of the financial |
23 | | assistance application. |
24 | | (e) Within 180 days after the effective date of this |
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1 | | amendatory Act of the 102nd General Assembly, each Each |
2 | | hospital must make available information regarding financial |
3 | | assistance from the hospital in the form of either a brochure, |
4 | | an application for financial assistance, or other written or |
5 | | electronic material in the emergency room, material in the |
6 | | hospital admission , or registration area.
|
7 | | (Source: P.A. 94-885, eff. 1-1-07.) |
8 | | Section 15-16. The Health Care Violence Prevention Act is |
9 | | amended by changing Section 15 as follows: |
10 | | (210 ILCS 160/15)
|
11 | | Sec. 15. Workplace safety. |
12 | | (a) A health care worker who contacts law enforcement or |
13 | | files a report with law enforcement against a patient or |
14 | | individual because of workplace violence shall provide notice |
15 | | to management of the health care provider by which he or she is |
16 | | employed within 3 days after contacting law enforcement or |
17 | | filing the report. |
18 | | (b) No management of a health care provider may discourage |
19 | | a health care worker from exercising his or her right to |
20 | | contact law enforcement or file a report with law enforcement |
21 | | because of workplace violence. |
22 | | (c) A health care provider that employs a health care |
23 | | worker shall display a notice , either by physical or |
24 | | electronic means, stating that verbal aggression will not be |
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1 | | tolerated and physical assault will be reported to law |
2 | | enforcement. |
3 | | (d) The health care provider shall offer immediate |
4 | | post-incident services for a health care worker directly |
5 | | involved in a workplace violence incident caused by patients |
6 | | or their visitors, including acute treatment and access to |
7 | | psychological evaluation.
|
8 | | (Source: P.A. 100-1051, eff. 1-1-19 .) |
9 | | Section 15-17. The Medical Patient Rights Act is amended |
10 | | by changing Sections 3.4 and 5.2 as follows: |
11 | | (410 ILCS 50/3.4) |
12 | | Sec. 3.4. Rights of women; pregnancy and childbirth. |
13 | | (a) In addition to any other right provided under this |
14 | | Act, every woman has the following rights with regard to |
15 | | pregnancy and childbirth: |
16 | | (1) The right to receive health care before, during, |
17 | | and after pregnancy and childbirth. |
18 | | (2) The right to receive care for her and her infant |
19 | | that is consistent with generally accepted medical |
20 | | standards. |
21 | | (3) The right to choose a certified nurse midwife or |
22 | | physician as her maternity care professional. |
23 | | (4) The right to choose her birth setting from the |
24 | | full range of birthing options available in her community. |
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1 | | (5) The right to leave her maternity care professional |
2 | | and select another if she becomes dissatisfied with her |
3 | | care, except as otherwise provided by law. |
4 | | (6) The right to receive information about the names |
5 | | of those health care professionals involved in her care. |
6 | | (7) The right to privacy and confidentiality of |
7 | | records, except as provided by law. |
8 | | (8) The right to receive information concerning her |
9 | | condition and proposed treatment, including methods of |
10 | | relieving pain. |
11 | | (9) The right to accept or refuse any treatment, to |
12 | | the extent medically possible. |
13 | | (10) The right to be informed if her caregivers wish |
14 | | to enroll her or her infant in a research study in |
15 | | accordance with Section 3.1 of this Act. |
16 | | (11) The right to access her medical records in |
17 | | accordance with Section 8-2001 of the Code of Civil |
18 | | Procedure. |
19 | | (12) The right to receive information in a language in |
20 | | which she can communicate in accordance with federal law. |
21 | | (13) The right to receive emotional and physical |
22 | | support during labor and birth. |
23 | | (14) The right to freedom of movement during labor and |
24 | | to give birth in the position of her choice, within |
25 | | generally accepted medical standards. |
26 | | (15) The right to contact with her newborn, except |
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1 | | where necessary care must be provided to the mother or |
2 | | infant. |
3 | | (16) The right to receive information about |
4 | | breastfeeding. |
5 | | (17) The right to decide collaboratively with |
6 | | caregivers when she and her baby will leave the birth site |
7 | | for home, based on their conditions and circumstances. |
8 | | (18) The right to be treated with respect at all times |
9 | | before, during, and after pregnancy by her health care |
10 | | professionals. |
11 | | (19) The right of each patient, regardless of source |
12 | | of payment, to examine and receive a reasonable |
13 | | explanation of her total bill for services rendered by her |
14 | | maternity care professional or health care provider, |
15 | | including itemized charges for specific services received. |
16 | | Each maternity care professional or health care provider |
17 | | shall be responsible only for a reasonable explanation of |
18 | | those specific services provided by the maternity care |
19 | | professional or health care provider. |
20 | | (b) The Department of Public Health, Department of |
21 | | Healthcare and Family Services, Department of Children and |
22 | | Family Services, and Department of Human Services shall post , |
23 | | either by physical or electronic means, information about |
24 | | these rights on their publicly available websites. Every |
25 | | health care provider, day care center licensed under the Child |
26 | | Care Act of 1969, Head Start, and community center shall post |
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1 | | information about these rights in a prominent place and on |
2 | | their websites, if applicable. |
3 | | (c) The Department of Public Health shall adopt rules to |
4 | | implement this Section. |
5 | | (d) Nothing in this Section or any rules adopted under |
6 | | subsection (c) shall be construed to require a physician, |
7 | | health care professional, hospital, hospital affiliate, or |
8 | | health care provider to provide care inconsistent with |
9 | | generally accepted medical standards or available capabilities |
10 | | or resources.
|
11 | | (Source: P.A. 101-445, eff. 1-1-20 .) |
12 | | (410 ILCS 50/5.2)
|
13 | | Sec. 5.2. Emergency room anti-discrimination notice. Every |
14 | | hospital shall post , either by physical or electronic means, a |
15 | | sign next to or in close proximity of its sign required by |
16 | | Section 489.20 (q)(1) of Title 42 of the Code of Federal |
17 | | Regulations stating the following: |
18 | | "You have the right not to be discriminated against by the |
19 | | hospital due to your race, color, or national origin if these |
20 | | characteristics are unrelated to your diagnosis or treatment. |
21 | | If you believe this right has been violated, please call |
22 | | (insert number for hospital grievance officer).".
|
23 | | (Source: P.A. 97-485, eff. 8-22-11.) |
24 | | Section 15-25. The Abandoned Newborn Infant Protection Act |
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1 | | is amended by changing Section 22 as follows: |
2 | | (325 ILCS 2/22) |
3 | | Sec. 22. Signs. Every hospital, fire station, emergency |
4 | | medical facility, and police station that is required to |
5 | | accept a relinquished newborn infant in accordance with this |
6 | | Act must post , either by physical or electronic means, a sign |
7 | | in a conspicuous place on the exterior of the building housing |
8 | | the facility informing persons that a newborn infant may be |
9 | | relinquished at the facility in accordance with this Act. The |
10 | | Department shall prescribe specifications for the signs and |
11 | | for their placement that will ensure statewide uniformity. |
12 | | This Section does not apply to a hospital, fire station, |
13 | | emergency medical facility, or police station that has a sign |
14 | | that is consistent with the requirements of this Section that |
15 | | is posted on the effective date of this amendatory Act of the |
16 | | 95th General Assembly.
|
17 | | (Source: P.A. 95-275, eff. 8-17-07.) |
18 | | Section 15-30. The Crime Victims Compensation Act is |
19 | | amended by changing Section 5.1 as follows:
|
20 | | (740 ILCS 45/5.1) (from Ch. 70, par. 75.1)
|
21 | | Sec. 5.1.
(a) Every hospital licensed under the laws of |
22 | | this State shall
display prominently in its emergency room |
23 | | posters giving notification of
the existence and general |
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1 | | provisions of this Act. The posters may be displayed by |
2 | | physical or electronic means. Such posters shall be
provided |
3 | | by the Attorney General.
|
4 | | (b) Any law enforcement agency that investigates an |
5 | | offense committed
in this State shall inform the victim of the |
6 | | offense or his dependents concerning
the availability of an |
7 | | award of compensation and advise such persons that
any |
8 | | information concerning this Act and the filing of a claim may |
9 | | be obtained
from the office of the Attorney General.
|
10 | | (Source: P.A. 81-1013.)
|
11 | | Section 15-35. The Human Trafficking Resource Center |
12 | | Notice Act is amended by changing Sections 5 and 10 as follows: |
13 | | (775 ILCS 50/5) |
14 | | Sec. 5. Posted notice required. |
15 | | (a) Each of the following businesses and other |
16 | | establishments shall, upon the availability of the model |
17 | | notice described in Section 15 of this Act, post a notice that |
18 | | complies with the requirements of this Act in a conspicuous |
19 | | place near the public entrance of the establishment or in |
20 | | another conspicuous location in clear view of the public and |
21 | | employees where similar notices are customarily posted: |
22 | | (1) On premise consumption retailer licensees under |
23 | | the Liquor Control Act of 1934 where the sale of alcoholic |
24 | | liquor is the principal
business carried on by the |
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1 | | licensee at the premises and primary to the
sale of food. |
2 | | (2) Adult entertainment facilities, as defined in |
3 | | Section 5-1097.5 of the Counties Code. |
4 | | (3) Primary airports, as defined in Section 47102(16) |
5 | | of Title 49 of the United States Code. |
6 | | (4) Intercity passenger rail or light rail stations. |
7 | | (5) Bus stations. |
8 | | (6) Truck stops. For purposes of this Act, "truck |
9 | | stop" means a privately-owned and operated facility that |
10 | | provides food, fuel, shower or other sanitary facilities, |
11 | | and lawful overnight truck parking. |
12 | | (7) Emergency rooms within general acute care |
13 | | hospitals , in which case the notice may be posted by |
14 | | electronic means . |
15 | | (8) Urgent care centers , in which case the notice may |
16 | | be posted by electronic means . |
17 | | (9) Farm labor contractors. For purposes of this Act, |
18 | | "farm labor contractor" means: (i) any person who for a |
19 | | fee or other valuable consideration recruits, supplies, or |
20 | | hires, or transports in connection therewith, into or |
21 | | within the State, any farmworker not of the contractor's |
22 | | immediate family to work for, or under the direction, |
23 | | supervision, or control of, a third person; or (ii) any |
24 | | person who for a fee or other valuable consideration |
25 | | recruits, supplies, or hires, or transports in connection |
26 | | therewith, into or within the State, any farmworker not of |
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1 | | the contractor's immediate family, and who for a fee or |
2 | | other valuable consideration directs, supervises, or |
3 | | controls all or any part of the work of the farmworker or |
4 | | who disburses wages to the farmworker. However, "farm |
5 | | labor contractor" does not include full-time regular |
6 | | employees of food processing companies when the employees |
7 | | are engaged in recruiting for the companies if those |
8 | | employees are not compensated according to the number of |
9 | | farmworkers they recruit. |
10 | | (10) Privately-operated job recruitment centers. |
11 | | (11) Massage establishments. As used in this Act, |
12 | | "massage establishment" means a place of business in which |
13 | | any method of massage therapy is administered or practiced |
14 | | for compensation. "Massage establishment" does not |
15 | | include: an establishment at which persons licensed under |
16 | | the Medical Practice Act of 1987, the Illinois Physical |
17 | | Therapy Act, or the Naprapathic Practice Act engage in |
18 | | practice under one of those Acts; a business owned by a |
19 | | sole licensed massage therapist; or a cosmetology or |
20 | | esthetics salon registered under the Barber, Cosmetology, |
21 | | Esthetics, Hair Braiding, and Nail Technology Act of 1985. |
22 | | (b) The Department of Transportation shall, upon the |
23 | | availability of the model notice described in Section 15 of |
24 | | this Act, post a notice that complies with the requirements of |
25 | | this Act in a conspicuous place near the public entrance of |
26 | | each roadside rest area or in another conspicuous location in |
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1 | | clear view of the public and employees where similar notices |
2 | | are customarily posted.
|
3 | | (c) The owner of a hotel or motel shall, upon the |
4 | | availability of the model notice described in Section 15 of |
5 | | this Act, post a notice that complies with the requirements of |
6 | | this Act in a conspicuous and accessible place in or about the |
7 | | premises in clear view of the employees where similar notices |
8 | | are customarily posted. |
9 | | (d) The organizer of a public gathering or special event |
10 | | that is conducted on property open to the public and requires |
11 | | the issuance of a permit from the unit of local government |
12 | | shall post a notice that complies with the requirements of |
13 | | this Act in a conspicuous and accessible place in or about the |
14 | | premises in clear view of the public and employees where |
15 | | similar notices are customarily posted. |
16 | | (e) The administrator of a public or private elementary |
17 | | school or public or private secondary school shall post a |
18 | | printout of the downloadable notice provided by the Department |
19 | | of Human Services under Section 15 that complies with the |
20 | | requirements of this Act in a conspicuous and accessible place |
21 | | chosen by the administrator in the administrative office or |
22 | | another location in view of school employees. School districts |
23 | | and personnel are not subject to the penalties provided under |
24 | | subsection (a) of Section 20. |
25 | | (f) The owner of an establishment registered under the |
26 | | Tattoo and Body Piercing Establishment Registration Act shall |
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1 | | post a notice that complies with the requirements of this Act |
2 | | in a conspicuous and accessible place in clear view of |
3 | | establishment employees. |
4 | | (Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17; |
5 | | 100-671, eff. 1-1-19 .) |
6 | | (775 ILCS 50/10)
|
7 | | Sec. 10. Form of posted notice. |
8 | | (a) The notice required under this Act shall be at least 8 |
9 | | 1/2 inches by 11 inches in size, written in a 16-point font , |
10 | | except that when the notice is provided by electronic means |
11 | | the size of the notice and font shall not be required to comply |
12 | | with these specifications , and shall state the following: |
13 | | "If you or someone you know is being forced to engage in any |
14 | | activity and cannot leave, whether it is commercial sex, |
15 | | housework, farm work, construction, factory, retail, or |
16 | | restaurant work, or any other activity, call the National |
17 | | Human Trafficking Resource Center at 1-888-373-7888 to access |
18 | | help and services. |
19 | | Victims of slavery and human trafficking are protected under |
20 | | United States and Illinois law.
The hotline is: |
21 | | * Available 24 hours a day, 7 days a week. |
22 | | * Toll-free. |
23 | | * Operated by nonprofit nongovernmental organizations. |
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1 | | * Anonymous and confidential. |
2 | | * Accessible in more than 160 languages. |
3 | | * Able to provide help, referral to services, |
4 | | training, and general information.". |
5 | | (b) The notice shall be printed in English, Spanish, and |
6 | | in one other language that is the most widely spoken language |
7 | | in the county where the establishment is located and for which |
8 | | translation is mandated by the federal Voting Rights Act, as |
9 | | applicable. This subsection does not require a business or |
10 | | other establishment in a county where a language other than |
11 | | English or Spanish is the most widely spoken language to print |
12 | | the notice in more than one language in addition to English and |
13 | | Spanish.
|
14 | | (Source: P.A. 99-99, eff. 1-1-16 .) |
15 | | Article 20. |
16 | | Section 20-5. The University of Illinois Hospital Act is |
17 | | amended by adding Section 8d as follows: |
18 | | (110 ILCS 330/8d new) |
19 | | Sec. 8d. N95 masks. Pursuant to and in accordance with |
20 | | applicable local, State, and federal policies, guidance and |
21 | | recommendations of public health and infection control |
22 | | authorities, and taking into consideration the limitations on |
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1 | | access to N95 masks caused by disruptions in local, State, |
2 | | national, and international supply chains, the University of |
3 | | Illinois Hospital shall provide N95 masks to physicians |
4 | | licensed under the Medical Practice Act of 1987, registered |
5 | | nurses and advanced practice registered nurses licensed under |
6 | | the Nurse Licensing Act, and any other employees or |
7 | | contractual workers who provide direct patient care and who, |
8 | | pursuant to such policies, guidance, and recommendations, are |
9 | | recommended to have such a mask to safely provide such direct |
10 | | patient care within a hospital setting. Nothing in this |
11 | | Section shall be construed to impose any new duty or |
12 | | obligation on the University of Illinois Hospital or employee |
13 | | that is greater than that imposed under State and federal laws |
14 | | in effect on the effective date of this amendatory Act of the |
15 | | 102nd General Assembly. This Section is repealed on December |
16 | | 31, 2021. |
17 | | Section 20-10. The Hospital Licensing Act is amended by |
18 | | adding Section 6.28 as follows: |
19 | | (210 ILCS 85/6.28 new) |
20 | | Sec. 6.28. N95 masks. Pursuant to and in accordance with |
21 | | applicable local, State, and federal policies, guidance and |
22 | | recommendations of public health and infection control |
23 | | authorities, and taking into consideration the limitations on |
24 | | access to N95 masks caused by disruptions in local, State, |
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1 | | national, and international supply chains, a hospital licensed |
2 | | under this Act shall provide N95 masks to physicians licensed |
3 | | under the Medical Practice Act of 1987, registered nurses and |
4 | | advanced practice registered nurses licensed under the Nurse |
5 | | Licensing Act, and any other employees or contractual workers |
6 | | who provide direct patient care and who, pursuant to such |
7 | | policies, guidance, and recommendations, are recommended to |
8 | | have such a mask to safely provide such direct patient care |
9 | | within a hospital setting. Nothing in this Section shall be |
10 | | construed to impose any new duty or obligation on the hospital |
11 | | or employee that is greater than that imposed under State and |
12 | | federal laws in effect on the effective date of this |
13 | | amendatory Act of the 102nd General Assembly. This Section is |
14 | | repealed on December 31, 2021. |
15 | | Article 35. |
16 | | Section 35-5. The Illinois Public Aid Code is amended by |
17 | | changing Section 5-5.05 as follows: |
18 | | (305 ILCS 5/5-5.05) |
19 | | Sec. 5-5.05. Hospitals; psychiatric services. |
20 | | (a) On and after July 1, 2008, the inpatient, per diem rate |
21 | | to be paid to a hospital for inpatient psychiatric services |
22 | | shall be $363.77. |
23 | | (b) For purposes of this Section, "hospital" means the |
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1 | | following: |
2 | | (1) Advocate Christ Hospital, Oak Lawn, Illinois. |
3 | | (2) Barnes-Jewish Hospital, St. Louis, Missouri. |
4 | | (3) BroMenn Healthcare, Bloomington, Illinois. |
5 | | (4) Jackson Park Hospital, Chicago, Illinois. |
6 | | (5) Katherine Shaw Bethea Hospital, Dixon, Illinois. |
7 | | (6) Lawrence County Memorial Hospital, Lawrenceville, |
8 | | Illinois. |
9 | | (7) Advocate Lutheran General Hospital, Park Ridge, |
10 | | Illinois. |
11 | | (8) Mercy Hospital and Medical Center, Chicago, |
12 | | Illinois. |
13 | | (9) Methodist Medical Center of Illinois, Peoria, |
14 | | Illinois. |
15 | | (10) Provena United Samaritans Medical Center, |
16 | | Danville, Illinois. |
17 | | (11) Rockford Memorial Hospital, Rockford, Illinois. |
18 | | (12) Sarah Bush Lincoln Health Center, Mattoon, |
19 | | Illinois. |
20 | | (13) Provena Covenant Medical Center, Urbana, |
21 | | Illinois. |
22 | | (14) Rush-Presbyterian-St. Luke's Medical Center, |
23 | | Chicago, Illinois. |
24 | | (15) Mt. Sinai Hospital, Chicago, Illinois. |
25 | | (16) Gateway Regional Medical Center, Granite City, |
26 | | Illinois. |
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1 | | (17) St. Mary of Nazareth Hospital, Chicago, Illinois. |
2 | | (18) Provena St. Mary's Hospital, Kankakee, Illinois. |
3 | | (19) St. Mary's Hospital, Decatur, Illinois. |
4 | | (20) Memorial Hospital, Belleville, Illinois. |
5 | | (21) Swedish Covenant Hospital, Chicago, Illinois. |
6 | | (22) Trinity Medical Center, Rock Island, Illinois. |
7 | | (23) St. Elizabeth Hospital, Chicago, Illinois. |
8 | | (24) Richland Memorial Hospital, Olney, Illinois. |
9 | | (25) St. Elizabeth's Hospital, Belleville, Illinois. |
10 | | (26) Samaritan Health System, Clinton, Iowa. |
11 | | (27) St. John's Hospital, Springfield, Illinois. |
12 | | (28) St. Mary's Hospital, Centralia, Illinois. |
13 | | (29) Loretto Hospital, Chicago, Illinois. |
14 | | (30) Kenneth Hall Regional Hospital, East St. Louis, |
15 | | Illinois. |
16 | | (31) Hinsdale Hospital, Hinsdale, Illinois. |
17 | | (32) Pekin Hospital, Pekin, Illinois. |
18 | | (33) University of Chicago Medical Center, Chicago, |
19 | | Illinois. |
20 | | (34) St. Anthony's Health Center, Alton, Illinois. |
21 | | (35) OSF St. Francis Medical Center, Peoria, Illinois. |
22 | | (36) Memorial Medical Center, Springfield, Illinois. |
23 | | (37) A hospital with a distinct part unit for |
24 | | psychiatric services that begins operating on or after |
25 | | July 1, 2008. |
26 | | For purposes of this Section, "inpatient psychiatric |
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1 | | services" means those services provided to patients who are in |
2 | | need of short-term acute inpatient hospitalization for active |
3 | | treatment of an emotional or mental disorder. |
4 | | (b-5) Notwithstanding any other provision of this Section, |
5 | | and subject to appropriation, the inpatient, per diem rate to |
6 | | be paid to all safety-net hospitals for inpatient psychiatric |
7 | | services on and after January 1, 2021 shall be at least $630. |
8 | | (c) No rules shall be promulgated to implement this |
9 | | Section. For purposes of this Section, "rules" is given the |
10 | | meaning contained in Section 1-70 of the Illinois |
11 | | Administrative Procedure Act. |
12 | | (d) This Section shall not be in effect during any period |
13 | | of time that the State has in place a fully operational |
14 | | hospital assessment plan that has been approved by the Centers |
15 | | for Medicare and Medicaid Services of the U.S. Department of |
16 | | Health and Human Services.
|
17 | | (e) On and after July 1, 2012, the Department shall reduce |
18 | | any rate of reimbursement for services or other payments or |
19 | | alter any methodologies authorized by this Code to reduce any |
20 | | rate of reimbursement for services or other payments in |
21 | | accordance with Section 5-5e. |
22 | | (Source: P.A. 97-689, eff. 6-14-12.) |
23 | | Title IV. Medical Implicit Bias |
24 | | Article 45. |
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1 | | Section 45-5. The Department of Professional Regulation |
2 | | Law of the
Civil Administrative Code of Illinois is amended by |
3 | | adding Section 2105-15.7 as follows: |
4 | | (20 ILCS 2105/2105-15.7 new) |
5 | | Sec. 2105-15.7. Implicit bias awareness training. |
6 | | (a) As used in this Section, "health care professional" |
7 | | means a person licensed or registered by the Department of |
8 | | Financial and Professional Regulation under the following |
9 | | Acts: Medical Practice Act of 1987, Nurse Practice Act, |
10 | | Clinical Psychologist Licensing Act, Illinois Dental Practice |
11 | | Act, Illinois Optometric Practice Act of 1987, Pharmacy |
12 | | Practice Act, Illinois Physical Therapy Act, Physician |
13 | | Assistant Practice Act of 1987, Acupuncture Practice Act, |
14 | | Illinois Athletic Trainers Practice Act, Clinical Social Work |
15 | | and Social Work Practice Act, Dietitian Nutritionist Practice |
16 | | Act, Home Medical Equipment and Services Provider License Act, |
17 | | Naprapathic Practice Act, Nursing Home Administrators |
18 | | Licensing and Disciplinary Act, Illinois Occupational Therapy |
19 | | Practice Act, Illinois Optometric Practice Act of 1987, |
20 | | Podiatric Medical Practice Act of 1987, Respiratory Care |
21 | | Practice Act, Professional Counselor and Clinical Professional |
22 | | Counselor Licensing and Practice Act, Sex Offender Evaluation |
23 | | and Treatment Provider Act, Illinois Speech-Language Pathology |
24 | | and Audiology Practice Act, Perfusionist Practice Act, |
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1 | | Registered Surgical Assistant and Registered Surgical |
2 | | Technologist Title Protection Act, and Genetic Counselor |
3 | | Licensing Act. |
4 | | (b) For license or registration renewals occurring on or |
5 | | after January 1, 2022, a health care professional who has |
6 | | continuing education requirements must complete at least a |
7 | | one-hour course in training on implicit bias awareness per |
8 | | renewal period. A health care professional may count this one |
9 | | hour for completion of this course toward meeting the minimum |
10 | | credit hours required for continuing education. Any training |
11 | | on implicit bias awareness applied to meet any other State |
12 | | licensure requirement, professional accreditation or |
13 | | certification requirement, or health care institutional |
14 | | practice agreement may count toward the one-hour requirement |
15 | | under this Section. |
16 | | (c) The Department may adopt rules for the implementation |
17 | | of this Section. |
18 | | Title V. Substance Abuse and Mental Health Treatment |
19 | | Article 50. |
20 | | Section 50-5. The Illinois Controlled Substances Act is |
21 | | amended by changing Section 414 as follows: |
22 | | (720 ILCS 570/414) |
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1 | | Sec. 414. Overdose; limited immunity from prosecution . |
2 | | (a) For the purposes of this Section, "overdose" means a |
3 | | controlled substance-induced physiological event that results |
4 | | in a life-threatening emergency to the individual who |
5 | | ingested, inhaled, injected or otherwise bodily absorbed a |
6 | | controlled, counterfeit, or look-alike substance or a |
7 | | controlled substance analog. |
8 | | (b) A person who, in good faith, seeks or obtains |
9 | | emergency medical assistance for someone experiencing an |
10 | | overdose shall not be arrested, charged , or prosecuted for a |
11 | | violation of Section 401 or 402 of the Illinois Controlled |
12 | | Substances Act, Section 3.5 of the Drug Paraphernalia Control |
13 | | Act, Section 55 or 60 of the Methamphetamine Control and |
14 | | Community Protection Act, Section 9-3.3 of the Criminal Code |
15 | | of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 |
16 | | of the Criminal Code of 2012 Class 4 felony possession of a |
17 | | controlled, counterfeit, or look-alike substance or a |
18 | | controlled substance analog if evidence for the violation |
19 | | Class 4 felony possession charge was acquired as a result of |
20 | | the person seeking or obtaining emergency medical assistance |
21 | | and providing the amount of substance recovered is within the |
22 | | amount identified in subsection (d) of this Section. The |
23 | | violations listed in this subsection (b) must not serve as the |
24 | | sole basis of a violation of parole, mandatory supervised |
25 | | release, probation, or conditional discharge, or any seizure |
26 | | of property under any State law authorizing civil forfeiture |
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1 | | so long as the evidence for the violation was acquired as a |
2 | | result of the person seeking or obtaining emergency medical |
3 | | assistance in the event of an overdose. |
4 | | (c) A person who is experiencing an overdose shall not be |
5 | | arrested, charged , or prosecuted for a violation of Section |
6 | | 401 or 402 of the Illinois Controlled Substances Act, Section |
7 | | 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of |
8 | | the Criminal Code of 2012, or paragraph (1) of subsection (g) |
9 | | of Section 12-3.05 of the Criminal Code of 2012 Class 4 felony |
10 | | possession of a controlled, counterfeit, or look-alike |
11 | | substance or a controlled substance analog if evidence for the |
12 | | violation Class 4 felony possession charge was acquired as a |
13 | | result of the person seeking or obtaining emergency medical |
14 | | assistance and providing the amount of substance recovered is |
15 | | within the amount identified in subsection (d) of this |
16 | | Section. The violations listed in this subsection (c) must not |
17 | | serve as the sole basis of a violation of parole, mandatory |
18 | | supervised release, probation, or conditional discharge, or |
19 | | any seizure of property under any State law authorizing civil |
20 | | forfeiture so long as the evidence for the violation was |
21 | | acquired as a result of the person seeking or obtaining |
22 | | emergency medical assistance in the event of an overdose. |
23 | | (d) For the purposes of subsections (b) and (c), the |
24 | | limited immunity shall only apply to a person possessing the |
25 | | following amount: |
26 | | (1) less than 3 grams of a substance containing |
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1 | | heroin; |
2 | | (2) less than 3 grams of a substance containing |
3 | | cocaine; |
4 | | (3) less than 3 grams of a substance containing |
5 | | morphine; |
6 | | (4) less than 40 grams of a substance containing |
7 | | peyote; |
8 | | (5) less than 40 grams of a substance containing a |
9 | | derivative of barbituric acid or any of the salts of a |
10 | | derivative of barbituric acid; |
11 | | (6) less than 40 grams of a substance containing |
12 | | amphetamine or any salt of an optical isomer of |
13 | | amphetamine; |
14 | | (7) less than 3 grams of a substance containing |
15 | | lysergic acid diethylamide (LSD), or an analog thereof; |
16 | | (8) less than 6 grams of a substance containing |
17 | | pentazocine or any of the salts, isomers and salts of |
18 | | isomers of pentazocine, or an analog thereof; |
19 | | (9) less than 6 grams of a substance containing |
20 | | methaqualone or any of the salts, isomers and salts of |
21 | | isomers of methaqualone; |
22 | | (10) less than 6 grams of a substance containing |
23 | | phencyclidine or any of the salts, isomers and salts of |
24 | | isomers of phencyclidine (PCP); |
25 | | (11) less than 6 grams of a substance containing |
26 | | ketamine or any of the salts, isomers and salts of isomers |
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1 | | of ketamine; |
2 | | (12) less than 40 grams of a substance containing a |
3 | | substance classified as a narcotic drug in Schedules I or |
4 | | II, or an analog thereof, which is not otherwise included |
5 | | in this subsection. |
6 | | (e) The limited immunity described in subsections (b) and |
7 | | (c) of this Section shall not be extended if law enforcement |
8 | | has reasonable suspicion or probable cause to detain, arrest, |
9 | | or search the person described in subsection (b) or (c) of this |
10 | | Section for criminal activity and the reasonable suspicion or |
11 | | probable cause is based on information obtained prior to or |
12 | | independent of the individual described in subsection (b) or |
13 | | (c) taking action to seek or obtain emergency medical |
14 | | assistance and not obtained as a direct result of the action of |
15 | | seeking or obtaining emergency medical assistance. Nothing in |
16 | | this Section is intended to interfere with or prevent the |
17 | | investigation, arrest, or prosecution of any person for the |
18 | | delivery or distribution of cannabis, methamphetamine or other |
19 | | controlled substances, drug-induced homicide, or any other |
20 | | crime if the evidence of the violation is not acquired as a |
21 | | result of the person seeking or obtaining emergency medical |
22 | | assistance in the event of an overdose .
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23 | | (Source: P.A. 97-678, eff. 6-1-12 .)
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24 | | Section 50-10. The Methamphetamine Control and Community |
25 | | Protection Act is amended by changing Section 115 as follows: |
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1 | | (720 ILCS 646/115) |
2 | | Sec. 115. Overdose; limited immunity from prosecution . |
3 | | (a) For the purposes of this Section, "overdose" means a |
4 | | methamphetamine-induced physiological event that results in a |
5 | | life-threatening emergency to the individual who ingested, |
6 | | inhaled, injected, or otherwise bodily absorbed |
7 | | methamphetamine. |
8 | | (b) A person who, in good faith, seeks emergency medical |
9 | | assistance for someone experiencing an overdose shall not be |
10 | | arrested, charged or prosecuted for a violation of Section 55 |
11 | | or 60 of this Act or Section 3.5 of the Drug Paraphernalia |
12 | | Control Act, Section 9-3.3 of the Criminal Code of 2012, or |
13 | | paragraph (1) of subsection (g) of Section 12-3.05 of the |
14 | | Criminal Code of 2012 Class 3 felony possession of |
15 | | methamphetamine if evidence for the violation Class 3 felony |
16 | | possession charge was acquired as a result of the person |
17 | | seeking or obtaining emergency medical assistance and |
18 | | providing the amount of substance recovered is less than 3 |
19 | | grams one gram of methamphetamine or a substance containing |
20 | | methamphetamine. The violations listed in this subsection (b) |
21 | | must not serve as the sole basis of a violation of parole, |
22 | | mandatory supervised release, probation, or conditional |
23 | | discharge, or any seizure of property under any State law |
24 | | authorizing civil forfeiture so long as the evidence for the |
25 | | violation was acquired as a result of the person seeking or |
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1 | | obtaining emergency medical assistance in the event of an |
2 | | overdose. |
3 | | (c) A person who is experiencing an overdose shall not be |
4 | | arrested, charged , or prosecuted for a violation of Section 55 |
5 | | or 60 of this Act or Section 3.5 of the Drug Paraphernalia |
6 | | Control Act, Section 9-3.3 of the Criminal Code of 2012, or |
7 | | paragraph (1) of subsection (g) of Section 12-3.05 of the |
8 | | Criminal Code of 2012 Class 3 felony possession of |
9 | | methamphetamine if evidence for the Class 3 felony possession |
10 | | charge was acquired as a result of the person seeking or |
11 | | obtaining emergency medical assistance and providing the |
12 | | amount of substance recovered is less than one gram of |
13 | | methamphetamine or a substance containing methamphetamine. The |
14 | | violations listed in this subsection (c) must not serve as the |
15 | | sole basis of a violation of parole, mandatory supervised |
16 | | release, probation, or conditional discharge, or any seizure |
17 | | of property under any State law authorizing civil forfeiture |
18 | | so long as the evidence for the violation was acquired as a |
19 | | result of the person seeking or obtaining emergency medical |
20 | | assistance in the event of an overdose. |
21 | | (d) The limited immunity described in subsections (b) and |
22 | | (c) of this Section shall not be extended if law enforcement |
23 | | has reasonable suspicion or probable cause to detain, arrest, |
24 | | or search the person described in subsection (b) or (c) of this |
25 | | Section for criminal activity and the reasonable suspicion or |
26 | | probable cause is based on information obtained prior to or |
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1 | | independent of the individual described in subsection (b) or |
2 | | (c) taking action to seek or obtain emergency medical |
3 | | assistance and not obtained as a direct result of the action of |
4 | | seeking or obtaining emergency medical assistance. Nothing in |
5 | | this Section is intended to interfere with or prevent the |
6 | | investigation, arrest, or prosecution of any person for the |
7 | | delivery or distribution of cannabis, methamphetamine or other |
8 | | controlled substances, drug-induced homicide, or any other |
9 | | crime if the evidence of the violation is not acquired as a |
10 | | result of the person seeking or obtaining emergency medical |
11 | | assistance in the event of an overdose .
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12 | | (Source: P.A. 97-678, eff. 6-1-12 .) |
13 | | Article 60. |
14 | | Section 60-5. The Adult Protective Services Act is amended |
15 | | by 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 |
19 | | by the Department in the Adult Protective Services division, |
20 | | or is contracted with the
Department, and works on the |
21 | | development or implementation of
social services to respond to |
22 | | and prevent adult abuse, neglect, or exploitation. |
23 | | (b) The Department shall implement a dementia training |
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1 | | program that must include instruction on the identification of |
2 | | people with dementia, risks such as wandering, communication |
3 | | impairments, and elder abuse, and the best practices for |
4 | | interacting with people with dementia. |
5 | | (c) Training of at least 2 hours shall be completed at the |
6 | | start of employment with the Adult Protective Services |
7 | | division. Persons who are employees of the Adult Protective |
8 | | Services division on the effective date of this amendatory Act |
9 | | of the 102nd General Assembly shall complete this training |
10 | | within 6 months after the effective date of this amendatory |
11 | | Act of the 102nd General Assembly. The training shall cover |
12 | | the following subjects: |
13 | | (1) Alzheimer's disease and dementia. |
14 | | (2) Safety risks. |
15 | | (3) Communication and behavior. |
16 | | (d) Annual continuing education shall include at least 2 |
17 | | hours of dementia training covering the subjects described in |
18 | | subsection (c). |
19 | | (e) This Section is designed to address gaps in current |
20 | | dementia training requirements for Adult Protective Services |
21 | | officials and improve the quality of training. If laws or |
22 | | rules existing on the effective date of this amendatory Act of |
23 | | the 102nd General Assembly contain more rigorous training |
24 | | requirements for Adult Protective Service officials, those |
25 | | laws or rules shall apply. Where there is overlap between this |
26 | | Section and other laws and rules, the Department shall |
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1 | | interpret this Section to avoid duplication of requirements |
2 | | while ensuring that the minimum requirements set in this |
3 | | Section are met. |
4 | | (f) The Department may adopt rules for the administration |
5 | | of this Section. |
6 | | Article 65. |
7 | | Section 65-1. Short title. This Article may be cited as |
8 | | the Behavioral Health Workforce Education Center of Illinois |
9 | | Act. References in this Article to "this Act" mean this |
10 | | Article. |
11 | | Section 65-5. Findings. The General Assembly finds as |
12 | | follows:
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13 | | (1) There are insufficient behavioral health |
14 | | professionals in this State's behavioral health workforce |
15 | | and further that there are insufficient behavioral health |
16 | | professionals trained in evidence-based practices.
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17 | | (2) The Illinois behavioral health workforce situation |
18 | | is at a crisis state and the lack of a behavioral health |
19 | | strategy is exacerbating the problem.
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20 | | (3) In 2019, the Journal of Community Health found |
21 | | that suicide rates are disproportionately higher among |
22 | | African American adolescents. From 2001 to 2017, the rate |
23 | | for African American teen boys rose 60%, according to the |
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1 | | study. Among African American teen girls, rates nearly |
2 | | tripled, rising by an astounding 182%. Illinois was among |
3 | | the 10 states with the greatest number of African American |
4 | | adolescent suicides (2015-2017).
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5 | | (4) Workforce shortages are evident in all behavioral |
6 | | health professions, including, but not limited to, |
7 | | psychiatry, psychiatric nursing, psychiatric physician |
8 | | assistant, social work (licensed social work, licensed |
9 | | clinical social work), counseling (licensed professional |
10 | | counseling, licensed clinical professional counseling), |
11 | | marriage and family therapy, licensed clinical psychology, |
12 | | occupational therapy, prevention, substance use disorder |
13 | | counseling, and peer support.
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14 | | (5) The shortage of behavioral health practitioners |
15 | | affects every Illinois county, every group of people with |
16 | | behavioral health needs, including children and |
17 | | adolescents, justice-involved populations, working |
18 | | adults, people experiencing homelessness, veterans, and |
19 | | older adults, and every health care and social service |
20 | | setting, from residential facilities and hospitals to |
21 | | community-based organizations and primary care clinics.
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22 | | (6) Estimates of unmet needs consistently highlight |
23 | | the dire situation in Illinois. Mental Health America |
24 | | ranks Illinois 29th in the country in mental health |
25 | | workforce availability based on its 480-to-1 ratio of |
26 | | population to mental health professionals, and the Kaiser |
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1 | | Family Foundation estimates that only 23.3% of |
2 | | Illinoisans' mental health needs can be met with its |
3 | | current workforce.
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4 | | (7) Shortages are especially acute in rural areas and |
5 | | among low-income and under-insured individuals and |
6 | | families. 30.3% of Illinois' rural hospitals are in |
7 | | designated primary care shortage areas and 93.7% are in |
8 | | designated mental health shortage areas. Nationally, 40% |
9 | | of psychiatrists work in cash-only practices, limiting |
10 | | access for those who cannot afford high out-of-pocket |
11 | | costs, especially Medicaid eligible individuals and |
12 | | families.
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13 | | (8) Spanish-speaking therapists in suburban Cook |
14 | | County, as well as in immigrant new growth communities |
15 | | throughout the State, for example, and master's-prepared |
16 | | social workers in rural communities are especially |
17 | | difficult to recruit and retain.
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18 | | (9) Illinois' shortage of psychiatrists specializing |
19 | | in serving children and adolescents is also severe. |
20 | | Eighty-one out of 102 Illinois counties have no child and |
21 | | adolescent psychiatrists, and the remaining 21 counties |
22 | | have only 310 child and adolescent psychiatrists for a |
23 | | population of 2,450,000 children.
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24 | | (10) Only 38.9% of the 121,000 Illinois youth aged 12 |
25 | | through 17 who experienced a major depressive episode |
26 | | received care.
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1 | | (11) An annual average of 799,000 people in Illinois |
2 | | aged 12 and older need but do not receive substance use |
3 | | disorder treatment at specialty facilities.
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4 | | (12) According to the Statewide Semiannual Opioid |
5 | | Report,
Illinois Department of Public Health,
September |
6 | | 2020, the number of opioid deaths in Illinois has |
7 | | increased 3% from 2,167 deaths in 2018 to 2,233
deaths in |
8 | | 2019.
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9 | | (13) Behavioral health workforce shortages have led to |
10 | | well-documented problems of long wait times for |
11 | | appointments with psychiatrists (4 to 6 months in some |
12 | | cases), high turnover, and unfilled vacancies for social |
13 | | workers and other behavioral health professionals that |
14 | | have eroded the gains in insurance coverage for mental |
15 | | illness and substance use disorder under the federal |
16 | | Affordable Care Act and parity laws.
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17 | | (14) As a result, individuals with mental illness or |
18 | | substance use disorders end up in hospital emergency |
19 | | rooms, which are the most expensive level of care, or are |
20 | | incarcerated and do not receive adequate care, if any.
|
21 | | (15) There are many organizations and institutions |
22 | | that are affected by behavioral health workforce |
23 | | shortages, but no one entity is responsible for monitoring |
24 | | the workforce supply and intervening to ensure it can |
25 | | effectively meet behavioral health needs throughout the |
26 | | State.
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1 | | (16) Workforce shortages are more complex than simple |
2 | | numerical shortfalls. Identifying the optimal number, |
3 | | type, and location of behavioral health professionals to |
4 | | meet the differing needs of Illinois' diverse regions and |
5 | | populations across the lifespan is a difficult logistical |
6 | | problem at the system and practice level that requires |
7 | | coordinated efforts in research, education, service |
8 | | delivery, and policy.
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9 | | (17) This State has a compelling and substantial |
10 | | interest in building a pipeline for behavioral health |
11 | | professionals and to anchor research and education for |
12 | | behavioral health workforce development. Beginning with |
13 | | the proposed Behavioral Health Workforce Education Center |
14 | | of Illinois, Illinois has the chance to develop a |
15 | | blueprint to be a national leader in behavioral health |
16 | | workforce development.
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17 | | (18) The State must act now to improve the ability of |
18 | | its residents to achieve their human potential and to live |
19 | | healthy, productive lives by reducing the misery and |
20 | | suffering with unmet behavioral health needs.
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21 | | Section 65-10. Behavioral Health Workforce Education |
22 | | Center of Illinois.
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23 | | (a) The Behavioral Health Workforce Education Center of |
24 | | Illinois is created and shall be administered by a teaching, |
25 | | research, or both teaching and research public institution of |
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1 | | higher education in this State. Subject to appropriation, the |
2 | | Center shall be operational on or before July 1, 2022.
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3 | | (b) The Behavioral Health Workforce Education Center of |
4 | | Illinois shall leverage workforce and behavioral health |
5 | | resources, including, but not limited to, State, federal, and |
6 | | foundation grant funding, federal Workforce Investment Act of |
7 | | 1998 programs, the National Health Service Corps and other |
8 | | nongraduate medical education physician workforce training |
9 | | programs, and existing behavioral health partnerships, and |
10 | | align with reforms in Illinois.
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11 | | Section 65-15. Structure.
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12 | | (a) The Behavioral Health Workforce Education Center of |
13 | | Illinois shall be structured as a multisite model, and the |
14 | | administering public institution of higher education shall |
15 | | serve as the hub institution, complemented by secondary |
16 | | regional hubs, namely academic institutions, that serve rural |
17 | | and small urban areas and at least one academic institution |
18 | | serving a densely urban municipality with more than 1,000,000 |
19 | | inhabitants.
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20 | | (b) The Behavioral Health Workforce Education Center of |
21 | | Illinois shall be located within one academic institution and |
22 | | shall be tasked with a convening and coordinating role for |
23 | | workforce research and planning, including monitoring progress |
24 | | toward Center goals.
|
25 | | (c) The Behavioral Health Workforce Education Center of |
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1 | | Illinois shall also coordinate with key State agencies |
2 | | involved in behavioral health, workforce development, and |
3 | | higher education in order to leverage disparate resources from |
4 | | health care, workforce, and economic development programs in |
5 | | Illinois government.
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6 | | Section 65-20. Duties. The Behavioral Health Workforce |
7 | | Education Center of Illinois shall perform the following |
8 | | duties:
|
9 | | (1) Organize a consortium of universities in |
10 | | partnerships with providers, school districts, law |
11 | | enforcement, consumers and their families, State agencies, |
12 | | and other stakeholders to implement workforce development |
13 | | concepts and strategies in every region of this State.
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14 | | (2) Be responsible for developing and implementing a |
15 | | strategic plan for the recruitment, education, and |
16 | | retention of a qualified, diverse, and evolving behavioral |
17 | | health workforce in this State. Its planning and |
18 | | activities shall include:
|
19 | | (A) convening and organizing vested stakeholders |
20 | | spanning government agencies, clinics, behavioral |
21 | | health facilities, prevention programs, hospitals, |
22 | | schools, jails, prisons and juvenile justice, police |
23 | | and emergency medical services, consumers and their |
24 | | families, and other stakeholders;
|
25 | | (B) collecting and analyzing data on the |
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1 | | behavioral health workforce in Illinois, with detailed |
2 | | information on specialties, credentials, additional |
3 | | qualifications (such as training or experience in |
4 | | particular models of care), location of practice, and |
5 | | demographic characteristics, including age, gender, |
6 | | race and ethnicity, and languages spoken;
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7 | | (C) building partnerships with school districts, |
8 | | public institutions of higher education, and workforce |
9 | | investment agencies to create pipelines to behavioral |
10 | | health careers from high schools and colleges, |
11 | | pathways to behavioral health specialization among |
12 | | health professional students, and expanded behavioral |
13 | | health residency and internship opportunities for |
14 | | graduates;
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15 | | (D) evaluating and disseminating information about |
16 | | evidence-based practices emerging from research |
17 | | regarding promising modalities of treatment, care |
18 | | coordination models, and medications;
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19 | | (E) developing systems for tracking the |
20 | | utilization of evidence-based practices that most |
21 | | effectively meet behavioral health needs; and
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22 | | (F) providing technical assistance to support |
23 | | professional training and continuing education |
24 | | programs that provide effective training in |
25 | | evidence-based behavioral health practices.
|
26 | | (3) Coordinate data collection and analysis, including |
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1 | | systematic tracking of the behavioral health workforce and |
2 | | datasets that support workforce planning for an |
3 | | accessible, high-quality behavioral health system. In the |
4 | | medium to long-term, the Center shall develop Illinois |
5 | | behavioral workforce data capacity by:
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6 | | (A) filling gaps in workforce data by collecting |
7 | | information on specialty, training, and qualifications |
8 | | for specific models of care, demographic |
9 | | characteristics, including gender, race, ethnicity, |
10 | | and languages spoken, and participation in public and |
11 | | private insurance networks;
|
12 | | (B) identifying the highest priority geographies, |
13 | | populations, and occupations for recruitment and |
14 | | training;
|
15 | | (C) monitoring the incidence of behavioral health |
16 | | conditions to improve estimates of unmet need; and
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17 | | (D) compiling up-to-date, evidence-based |
18 | | practices, monitoring utilization, and aligning |
19 | | training resources to improve the uptake of the most |
20 | | effective practices.
|
21 | | (4) Work to grow and advance peer and parent-peer |
22 | | workforce development by:
|
23 | | (A) assessing the credentialing and reimbursement |
24 | | processes and recommending reforms;
|
25 | | (B) evaluating available peer-parent training |
26 | | models, choosing a model that meets Illinois' needs, |
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1 | | and working with partners to implement it universally |
2 | | in child-serving programs throughout this State; and
|
3 | | (C) including peer recovery specialists and |
4 | | parent-peer support professionals in interdisciplinary |
5 | | training programs.
|
6 | | (5) Focus on the training of behavioral health |
7 | | professionals in telehealth techniques, including taking |
8 | | advantage of a telehealth network that exists, and other |
9 | | innovative means of care delivery in order to increase |
10 | | access to behavioral health services for all persons |
11 | | within this State.
|
12 | | (6) No later than December 1 of every odd-numbered |
13 | | year, prepare a report of its activities under this Act. |
14 | | The report shall be filed electronically with the General |
15 | | Assembly, as provided under Section 3.1 of the General |
16 | | Assembly Organization Act, and shall be provided |
17 | | electronically to any member of the General Assembly upon |
18 | | request.
|
19 | | Section 65-25. Selection process.
|
20 | | (a) No later than 90 days after the effective date of this |
21 | | Act, the Board of Higher Education shall select a public |
22 | | institution of higher education, with input and assistance |
23 | | from the Division of Mental Health of the Department of Human |
24 | | Services, to administer the Behavioral Health Workforce |
25 | | Education Center of Illinois.
|
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1 | | (b) The selection process shall articulate the principles |
2 | | of the Behavioral Health Workforce Education Center of |
3 | | Illinois, not inconsistent with this Act.
|
4 | | (c) The Board of Higher Education, with input and |
5 | | assistance from the Division of Mental Health of the |
6 | | Department of Human Services, shall make its selection of a |
7 | | public institution of higher education based on its ability |
8 | | and willingness to execute the following tasks:
|
9 | | (1) Convening academic institutions providing |
10 | | behavioral health education to:
|
11 | | (A) develop curricula to train future behavioral |
12 | | health professionals in evidence-based practices that |
13 | | meet the most urgent needs of Illinois' residents;
|
14 | | (B) build capacity to provide clinical training |
15 | | and supervision; and
|
16 | | (C) facilitate telehealth services to every region |
17 | | of the State.
|
18 | | (2) Functioning as a clearinghouse for research, |
19 | | education, and training efforts to identify and |
20 | | disseminate evidence-based practices across the State.
|
21 | | (3) Leveraging financial support from grants and |
22 | | social impact loan funds.
|
23 | | (4) Providing infrastructure to organize regional |
24 | | behavioral health education and outreach. As budgets |
25 | | allow, this shall include conference and training space, |
26 | | research and faculty staff time, telehealth, and distance |
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1 | | learning equipment.
|
2 | | (5) Working with regional hubs that assess and serve |
3 | | the workforce needs of specific, well-defined regions and |
4 | | specialize in specific research and training areas, such |
5 | | as telehealth or mental health-criminal justice |
6 | | partnerships, for which the regional hub can serve as a |
7 | | statewide leader.
|
8 | | (d) The Board of Higher Education may adopt such rules as |
9 | | may be necessary to implement and administer this Section.
|
10 | | Title VI. Access to Health Care |
11 | | Article 70. |
12 | | Section 70-5. The Use Tax Act is amended by changing |
13 | | Section 3-10 as follows:
|
14 | | (35 ILCS 105/3-10)
|
15 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
16 | | Section, the tax
imposed by this Act is at the rate of 6.25% of |
17 | | either the selling price or the
fair market value, if any, of |
18 | | the tangible personal property. In all cases
where property |
19 | | functionally used or consumed is the same as the property that
|
20 | | was purchased at retail, then the tax is imposed on the selling |
21 | | price of the
property. In all cases where property |
22 | | functionally used or consumed is a
by-product or waste product |
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1 | | that has been refined, manufactured, or produced
from property |
2 | | purchased at retail, then the tax is imposed on the lower of |
3 | | the
fair market value, if any, of the specific property so used |
4 | | in this State or on
the selling price of the property purchased |
5 | | at retail. For purposes of this
Section "fair market value" |
6 | | means the price at which property would change
hands between a |
7 | | willing buyer and a willing seller, neither being under any
|
8 | | compulsion to buy or sell and both having reasonable knowledge |
9 | | of the
relevant facts. The fair market value shall be |
10 | | established by Illinois sales by
the taxpayer of the same |
11 | | property as that functionally used or consumed, or if
there |
12 | | are no such sales by the taxpayer, then comparable sales or |
13 | | purchases of
property of like kind and character in Illinois.
|
14 | | Beginning on July 1, 2000 and through December 31, 2000, |
15 | | with respect to
motor fuel, as defined in Section 1.1 of the |
16 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
17 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
18 | | Beginning on August 6, 2010 through August 15, 2010, with |
19 | | respect to sales tax holiday items as defined in Section 3-6 of |
20 | | this Act, the
tax is imposed at the rate of 1.25%. |
21 | | With respect to gasohol, the tax imposed by this Act |
22 | | applies to (i) 70%
of the proceeds of sales made on or after |
23 | | January 1, 1990, and before
July 1, 2003, (ii) 80% of the |
24 | | proceeds of sales made
on or after July 1, 2003 and on or |
25 | | before July 1, 2017, and (iii) 100% of the proceeds of sales |
26 | | made
thereafter.
If, at any time, however, the tax under this |
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1 | | Act on sales of gasohol is
imposed at the
rate of 1.25%, then |
2 | | the tax imposed by this Act applies to 100% of the proceeds
of |
3 | | sales of gasohol made during that time.
|
4 | | With respect to majority blended ethanol fuel, the tax |
5 | | imposed by this Act
does
not apply
to the proceeds of sales |
6 | | made on or after July 1, 2003 and on or before
December 31, |
7 | | 2023 but applies to 100% of the proceeds of sales made |
8 | | thereafter.
|
9 | | With respect to biodiesel blends with no less than 1% and |
10 | | no more than 10%
biodiesel, the tax imposed by this Act applies |
11 | | to (i) 80% of the
proceeds of sales made on or after July 1, |
12 | | 2003 and on or before December 31, 2018
and (ii) 100% of the |
13 | | proceeds of sales made
thereafter.
If, at any time, however, |
14 | | the tax under this Act on sales of biodiesel blends
with no |
15 | | less than 1% and no more than 10% biodiesel
is imposed at the |
16 | | rate of
1.25%, then the
tax imposed by this Act applies to 100% |
17 | | of the proceeds of sales of biodiesel
blends with no less than |
18 | | 1% and no more than 10% biodiesel
made
during that time.
|
19 | | With respect to 100% biodiesel and biodiesel blends with |
20 | | more than 10%
but no more than 99% biodiesel, the tax imposed |
21 | | by this Act does not apply to
the
proceeds of sales made on or |
22 | | after July 1, 2003 and on or before
December 31, 2023 but |
23 | | applies to 100% of the proceeds of sales made
thereafter.
|
24 | | With respect to food for human consumption that is to be |
25 | | consumed off the
premises where it is sold (other than |
26 | | alcoholic beverages, food consisting of or infused with adult |
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1 | | use cannabis, soft drinks, and
food that has been prepared for |
2 | | immediate consumption) and prescription and
nonprescription |
3 | | medicines, drugs, medical appliances, products classified as |
4 | | Class III medical devices by the United States Food and Drug |
5 | | Administration that are used for cancer treatment pursuant to |
6 | | a prescription, as well as any accessories and components |
7 | | related to those devices, modifications to a motor
vehicle for |
8 | | the purpose of rendering it usable by a person with a |
9 | | disability, and
insulin, blood sugar urine testing materials, |
10 | | syringes, and needles used by human diabetics, for
human use, |
11 | | the tax is imposed at the rate of 1%. For the purposes of this
|
12 | | Section, until September 1, 2009: the term "soft drinks" means |
13 | | any complete, finished, ready-to-use,
non-alcoholic drink, |
14 | | whether carbonated or not, including but not limited to
soda |
15 | | water, cola, fruit juice, vegetable juice, carbonated water, |
16 | | and all other
preparations commonly known as soft drinks of |
17 | | whatever kind or description that
are contained in any closed |
18 | | or sealed bottle, can, carton, or container,
regardless of |
19 | | size; but "soft drinks" does not include coffee, tea, |
20 | | non-carbonated
water, infant formula, milk or milk products as |
21 | | defined in the Grade A
Pasteurized Milk and Milk Products Act, |
22 | | or drinks containing 50% or more
natural fruit or vegetable |
23 | | juice.
|
24 | | Notwithstanding any other provisions of this
Act, |
25 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
26 | | beverages that contain natural or artificial sweeteners. "Soft |
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1 | | drinks" do not include beverages that contain milk or milk |
2 | | products, soy, rice or similar milk substitutes, or greater |
3 | | than 50% of vegetable or fruit juice by volume. |
4 | | Until August 1, 2009, and notwithstanding any other |
5 | | provisions of this
Act, "food for human consumption that is to |
6 | | be consumed off the premises where
it is sold" includes all |
7 | | food sold through a vending machine, except soft
drinks and |
8 | | food products that are dispensed hot from a vending machine,
|
9 | | regardless of the location of the vending machine. Beginning |
10 | | August 1, 2009, and notwithstanding any other provisions of |
11 | | this Act, "food for human consumption that is to be consumed |
12 | | off the premises where it is sold" includes all food sold |
13 | | through a vending machine, except soft drinks, candy, and food |
14 | | products that are dispensed hot from a vending machine, |
15 | | regardless of the location of the vending machine.
|
16 | | Notwithstanding any other provisions of this
Act, |
17 | | beginning September 1, 2009, "food for human consumption that |
18 | | is to be consumed off the premises where
it is sold" does not |
19 | | include candy. For purposes of this Section, "candy" means a |
20 | | preparation of sugar, honey, or other natural or artificial |
21 | | sweeteners in combination with chocolate, fruits, nuts or |
22 | | other ingredients or flavorings in the form of bars, drops, or |
23 | | pieces. "Candy" does not include any preparation that contains |
24 | | flour or requires refrigeration. |
25 | | Notwithstanding any other provisions of this
Act, |
26 | | beginning September 1, 2009, "nonprescription medicines and |
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1 | | drugs" does not include grooming and hygiene products. For |
2 | | purposes of this Section, "grooming and hygiene products" |
3 | | includes, but is not limited to, soaps and cleaning solutions, |
4 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
5 | | lotions and screens, unless those products are available by |
6 | | prescription only, regardless of whether the products meet the |
7 | | definition of "over-the-counter-drugs". For the purposes of |
8 | | this paragraph, "over-the-counter-drug" means a drug for human |
9 | | use that contains a label that identifies the product as a drug |
10 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
11 | | label includes: |
12 | | (A) A "Drug Facts" panel; or |
13 | | (B) A statement of the "active ingredient(s)" with a |
14 | | list of those ingredients contained in the compound, |
15 | | substance or preparation. |
16 | | Beginning on the effective date of this amendatory Act of |
17 | | the 98th General Assembly, "prescription and nonprescription |
18 | | medicines and drugs" includes medical cannabis purchased from |
19 | | a registered dispensing organization under the Compassionate |
20 | | Use of Medical Cannabis Program Act. |
21 | | As used in this Section, "adult use cannabis" means |
22 | | cannabis subject to tax under the Cannabis Cultivation |
23 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
24 | | and does not include cannabis subject to tax under the |
25 | | Compassionate Use of Medical Cannabis Program Act. |
26 | | If the property that is purchased at retail from a |
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1 | | retailer is acquired
outside Illinois and used outside |
2 | | Illinois before being brought to Illinois
for use here and is |
3 | | taxable under this Act, the "selling price" on which
the tax is |
4 | | computed shall be reduced by an amount that represents a
|
5 | | reasonable allowance for depreciation for the period of prior |
6 | | out-of-state use.
|
7 | | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; |
8 | | 101-593, eff. 12-4-19.)
|
9 | | Section 70-10. The Service Use Tax Act is amended by |
10 | | changing Section 3-10 as follows:
|
11 | | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
|
12 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
13 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
14 | | the selling
price of tangible personal property transferred as |
15 | | an incident to the sale
of service, but, for the purpose of |
16 | | computing this tax, in no event shall
the selling price be less |
17 | | than the cost price of the property to the
serviceman.
|
18 | | Beginning on July 1, 2000 and through December 31, 2000, |
19 | | with respect to
motor fuel, as defined in Section 1.1 of the |
20 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
21 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
22 | | With respect to gasohol, as defined in the Use Tax Act, the |
23 | | tax imposed
by this Act applies to (i) 70% of the selling price |
24 | | of property transferred
as an incident to the sale of service |
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1 | | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% |
2 | | of the selling price of
property transferred as an incident to |
3 | | the sale of service on or after July
1, 2003 and on or before |
4 | | July 1, 2017, and (iii)
100% of the selling price thereafter.
|
5 | | If, at any time, however, the tax under this Act on sales of |
6 | | gasohol, as
defined in
the Use Tax Act, is imposed at the rate |
7 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
8 | | the proceeds of sales of gasohol
made during that time.
|
9 | | With respect to majority blended ethanol fuel, as defined |
10 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
11 | | to the selling price of property transferred
as an incident to |
12 | | the sale of service on or after July 1, 2003 and on or before
|
13 | | December 31, 2023 but applies to 100% of the selling price |
14 | | thereafter.
|
15 | | With respect to biodiesel blends, as defined in the Use |
16 | | Tax Act, with no less
than 1% and no
more than 10% biodiesel, |
17 | | the tax imposed by this Act
applies to (i) 80% of the selling |
18 | | price of property transferred as an incident
to the sale of |
19 | | service on or after July 1, 2003 and on or before December 31, |
20 | | 2018
and (ii) 100% of the proceeds of the selling price
|
21 | | thereafter.
If, at any time, however, the tax under this Act on |
22 | | sales of biodiesel blends,
as
defined in the Use Tax Act, with |
23 | | no less than 1% and no more than 10% biodiesel
is imposed at |
24 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
25 | | 100% of the proceeds of sales of biodiesel
blends with no less |
26 | | than 1% and no more than 10% biodiesel
made
during that time.
|
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1 | | With respect to 100% biodiesel, as defined in the Use Tax |
2 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
3 | | more than 10% but no more than 99% biodiesel, the tax imposed |
4 | | by this Act
does not apply to the proceeds of the selling price |
5 | | of property transferred
as an incident to the sale of service |
6 | | on or after July 1, 2003 and on or before
December 31, 2023 but |
7 | | applies to 100% of the selling price thereafter.
|
8 | | At the election of any registered serviceman made for each |
9 | | fiscal year,
sales of service in which the aggregate annual |
10 | | cost price of tangible
personal property transferred as an |
11 | | incident to the sales of service is
less than 35%, or 75% in |
12 | | the case of servicemen transferring prescription
drugs or |
13 | | servicemen engaged in graphic arts production, of the |
14 | | aggregate
annual total gross receipts from all sales of |
15 | | service, the tax imposed by
this Act shall be based on the |
16 | | serviceman's cost price of the tangible
personal property |
17 | | transferred as an incident to the sale of those services.
|
18 | | The tax shall be imposed at the rate of 1% on food prepared |
19 | | for
immediate consumption and transferred incident to a sale |
20 | | of service subject
to this Act or the Service Occupation Tax |
21 | | Act by an entity licensed under
the Hospital Licensing Act, |
22 | | the Nursing Home Care Act, the ID/DD Community Care Act, the |
23 | | MC/DD Act, the Specialized Mental Health Rehabilitation Act of |
24 | | 2013, or the
Child Care
Act of 1969. The tax shall
also be |
25 | | imposed at the rate of 1% on food for human consumption that is |
26 | | to be
consumed off the premises where it is sold (other than |
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1 | | alcoholic beverages, food consisting of or infused with adult |
2 | | use cannabis,
soft drinks, and food that has been prepared for |
3 | | immediate consumption and is
not otherwise included in this |
4 | | paragraph) and prescription and nonprescription
medicines, |
5 | | drugs, medical appliances, products classified as Class III |
6 | | medical devices by the United States Food and Drug |
7 | | Administration that are used for cancer treatment pursuant to |
8 | | a prescription, as well as any accessories and components |
9 | | related to those devices, modifications to a motor vehicle for |
10 | | the
purpose of rendering it usable by a person with a |
11 | | disability, and insulin, blood sugar urine testing
materials,
|
12 | | syringes, and needles used by human diabetics , for
human use . |
13 | | For the purposes of this Section, until September 1, 2009: the |
14 | | term "soft drinks" means any
complete, finished, ready-to-use, |
15 | | non-alcoholic drink, whether carbonated or
not, including but |
16 | | not limited to soda water, cola, fruit juice, vegetable
juice, |
17 | | carbonated water, and all other preparations commonly known as |
18 | | soft
drinks of whatever kind or description that are contained |
19 | | in any closed or
sealed bottle, can, carton, or container, |
20 | | regardless of size; but "soft drinks"
does not include coffee, |
21 | | tea, non-carbonated water, infant formula, milk or
milk |
22 | | products as defined in the Grade A Pasteurized Milk and Milk |
23 | | Products Act,
or drinks containing 50% or more natural fruit |
24 | | or vegetable juice.
|
25 | | Notwithstanding any other provisions of this
Act, |
26 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
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1 | | beverages that contain natural or artificial sweeteners. "Soft |
2 | | drinks" do not include beverages that contain milk or milk |
3 | | products, soy, rice or similar milk substitutes, or greater |
4 | | than 50% of vegetable or fruit juice by volume. |
5 | | Until August 1, 2009, and notwithstanding any other |
6 | | provisions of this Act, "food for human
consumption that is to |
7 | | be consumed off the premises where it is sold" includes
all |
8 | | food sold through a vending machine, except soft drinks and |
9 | | food products
that are dispensed hot from a vending machine, |
10 | | regardless of the location of
the vending machine. Beginning |
11 | | August 1, 2009, and notwithstanding any other provisions of |
12 | | this Act, "food for human consumption that is to be consumed |
13 | | off the premises where it is sold" includes all food sold |
14 | | through a vending machine, except soft drinks, candy, and food |
15 | | products that are dispensed hot from a vending machine, |
16 | | regardless of the location of the vending machine.
|
17 | | Notwithstanding any other provisions of this
Act, |
18 | | beginning September 1, 2009, "food for human consumption that |
19 | | is to be consumed off the premises where
it is sold" does not |
20 | | include candy. For purposes of this Section, "candy" means a |
21 | | preparation of sugar, honey, or other natural or artificial |
22 | | sweeteners in combination with chocolate, fruits, nuts or |
23 | | other ingredients or flavorings in the form of bars, drops, or |
24 | | pieces. "Candy" does not include any preparation that contains |
25 | | flour or requires refrigeration. |
26 | | Notwithstanding any other provisions of this
Act, |
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1 | | beginning September 1, 2009, "nonprescription medicines and |
2 | | drugs" does not include grooming and hygiene products. For |
3 | | purposes of this Section, "grooming and hygiene products" |
4 | | includes, but is not limited to, soaps and cleaning solutions, |
5 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
6 | | lotions and screens, unless those products are available by |
7 | | prescription only, regardless of whether the products meet the |
8 | | definition of "over-the-counter-drugs". For the purposes of |
9 | | this paragraph, "over-the-counter-drug" means a drug for human |
10 | | use that contains a label that identifies the product as a drug |
11 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
12 | | label includes: |
13 | | (A) A "Drug Facts" panel; or |
14 | | (B) A statement of the "active ingredient(s)" with a |
15 | | list of those ingredients contained in the compound, |
16 | | substance or preparation. |
17 | | Beginning on January 1, 2014 (the effective date of Public |
18 | | Act 98-122), "prescription and nonprescription medicines and |
19 | | drugs" includes medical cannabis purchased from a registered |
20 | | dispensing organization under the Compassionate Use of Medical |
21 | | Cannabis Program Act. |
22 | | As used in this Section, "adult use cannabis" means |
23 | | cannabis subject to tax under the Cannabis Cultivation |
24 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
25 | | and does not include cannabis subject to tax under the |
26 | | Compassionate Use of Medical Cannabis Program Act. |
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1 | | If the property that is acquired from a serviceman is |
2 | | acquired outside
Illinois and used outside Illinois before |
3 | | being brought to Illinois for use
here and is taxable under |
4 | | this Act, the "selling price" on which the tax
is computed |
5 | | shall be reduced by an amount that represents a reasonable
|
6 | | allowance for depreciation for the period of prior |
7 | | out-of-state use.
|
8 | | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; |
9 | | 101-593, eff. 12-4-19.) |
10 | | Section 70-15. The Service Occupation Tax Act is amended |
11 | | by changing Section 3-10 as follows:
|
12 | | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
|
13 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
14 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
15 | | the "selling price",
as defined in Section 2 of the Service Use |
16 | | Tax Act, of the tangible
personal property. For the purpose of |
17 | | computing this tax, in no event
shall the "selling price" be |
18 | | less than the cost price to the serviceman of
the tangible |
19 | | personal property transferred. The selling price of each item
|
20 | | of tangible personal property transferred as an incident of a |
21 | | sale of
service may be shown as a distinct and separate item on |
22 | | the serviceman's
billing to the service customer. If the |
23 | | selling price is not so shown, the
selling price of the |
24 | | tangible personal property is deemed to be 50% of the
|
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1 | | serviceman's entire billing to the service customer. When, |
2 | | however, a
serviceman contracts to design, develop, and |
3 | | produce special order machinery or
equipment, the tax imposed |
4 | | by this Act shall be based on the serviceman's
cost price of |
5 | | the tangible personal property transferred incident to the
|
6 | | completion of the contract.
|
7 | | Beginning on July 1, 2000 and through December 31, 2000, |
8 | | with respect to
motor fuel, as defined in Section 1.1 of the |
9 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
10 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
11 | | With respect to gasohol, as defined in the Use Tax Act, the |
12 | | tax imposed
by this Act shall apply to (i) 70% of the cost |
13 | | price of property
transferred as
an incident to the sale of |
14 | | service on or after January 1, 1990, and before
July 1, 2003, |
15 | | (ii) 80% of the selling price of property transferred as an
|
16 | | incident to the sale of service on or after July
1, 2003 and on |
17 | | or before July 1, 2017, and (iii) 100%
of
the cost price
|
18 | | thereafter.
If, at any time, however, the tax under this Act on |
19 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at |
20 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
21 | | 100% of the proceeds of sales of gasohol
made during that time.
|
22 | | With respect to majority blended ethanol fuel, as defined |
23 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
24 | | to the selling price of property transferred
as an incident to |
25 | | the sale of service on or after July 1, 2003 and on or before
|
26 | | December 31, 2023 but applies to 100% of the selling price |
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1 | | thereafter.
|
2 | | With respect to biodiesel blends, as defined in the Use |
3 | | Tax Act, with no less
than 1% and no
more than 10% biodiesel, |
4 | | the tax imposed by this Act
applies to (i) 80% of the selling |
5 | | price of property transferred as an incident
to the sale of |
6 | | service on or after July 1, 2003 and on or before December 31, |
7 | | 2018
and (ii) 100% of the proceeds of the selling price
|
8 | | thereafter.
If, at any time, however, the tax under this Act on |
9 | | sales of biodiesel blends,
as
defined in the Use Tax Act, with |
10 | | no less than 1% and no more than 10% biodiesel
is imposed at |
11 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
12 | | 100% of the proceeds of sales of biodiesel
blends with no less |
13 | | than 1% and no more than 10% biodiesel
made
during that time.
|
14 | | With respect to 100% biodiesel, as defined in the Use Tax |
15 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
16 | | more than 10% but no more than 99% biodiesel material, the tax |
17 | | imposed by this
Act
does not apply to the proceeds of the |
18 | | selling price of property transferred
as an incident to the |
19 | | sale of service on or after July 1, 2003 and on or before
|
20 | | December 31, 2023 but applies to 100% of the selling price |
21 | | thereafter.
|
22 | | At the election of any registered serviceman made for each |
23 | | fiscal year,
sales of service in which the aggregate annual |
24 | | cost price of tangible
personal property transferred as an |
25 | | incident to the sales of service is
less than 35%, or 75% in |
26 | | the case of servicemen transferring prescription
drugs or |
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1 | | servicemen engaged in graphic arts production, of the |
2 | | aggregate
annual total gross receipts from all sales of |
3 | | service, the tax imposed by
this Act shall be based on the |
4 | | serviceman's cost price of the tangible
personal property |
5 | | transferred incident to the sale of those services.
|
6 | | The tax shall be imposed at the rate of 1% on food prepared |
7 | | for
immediate consumption and transferred incident to a sale |
8 | | of service subject
to this Act or the Service Occupation Tax |
9 | | Act by an entity licensed under
the Hospital Licensing Act, |
10 | | the Nursing Home Care Act, the ID/DD Community Care Act, the |
11 | | MC/DD Act, the Specialized Mental Health Rehabilitation Act of |
12 | | 2013, or the
Child Care Act of 1969. The tax shall
also be |
13 | | imposed at the rate of 1% on food for human consumption that is
|
14 | | to be consumed off the
premises where it is sold (other than |
15 | | alcoholic beverages, food consisting of or infused with adult |
16 | | use cannabis, soft drinks, and
food that has been prepared for |
17 | | immediate consumption and is not
otherwise included in this |
18 | | paragraph) and prescription and
nonprescription medicines, |
19 | | drugs, medical appliances, products classified as Class III |
20 | | medical devices by the United States Food and Drug |
21 | | Administration that are used for cancer treatment pursuant to |
22 | | a prescription, as well as any accessories and components |
23 | | related to those devices, modifications to a motor
vehicle for |
24 | | the purpose of rendering it usable by a person with a |
25 | | disability, and
insulin, blood sugar urine testing materials, |
26 | | syringes, and needles used by human diabetics , for
human use . |
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1 | | For the purposes of this Section, until September 1, 2009: the |
2 | | term "soft drinks" means any
complete, finished, ready-to-use, |
3 | | non-alcoholic drink, whether carbonated or
not, including but |
4 | | not limited to soda water, cola, fruit juice, vegetable
juice, |
5 | | carbonated water, and all other preparations commonly known as |
6 | | soft
drinks of whatever kind or description that are contained |
7 | | in any closed or
sealed can, carton, or container, regardless |
8 | | of size; but "soft drinks" does not
include coffee, tea, |
9 | | non-carbonated water, infant formula, milk or milk
products as |
10 | | defined in the Grade A Pasteurized Milk and Milk Products Act, |
11 | | or
drinks containing 50% or more natural fruit or vegetable |
12 | | juice.
|
13 | | Notwithstanding any other provisions of this
Act, |
14 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
15 | | beverages that contain natural or artificial sweeteners. "Soft |
16 | | drinks" do not include beverages that contain milk or milk |
17 | | products, soy, rice or similar milk substitutes, or greater |
18 | | than 50% of vegetable or fruit juice by volume. |
19 | | Until August 1, 2009, and notwithstanding any other |
20 | | provisions of this Act, "food for human consumption
that is to |
21 | | be consumed off the premises where it is sold" includes all |
22 | | food
sold through a vending machine, except soft drinks and |
23 | | food products that are
dispensed hot from a vending machine, |
24 | | regardless of the location of the vending
machine. Beginning |
25 | | August 1, 2009, and notwithstanding any other provisions of |
26 | | this Act, "food for human consumption that is to be consumed |
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1 | | off the premises where it is sold" includes all food sold |
2 | | through a vending machine, except soft drinks, candy, and food |
3 | | products that are dispensed hot from a vending machine, |
4 | | regardless of the location of the vending machine.
|
5 | | Notwithstanding any other provisions of this
Act, |
6 | | beginning September 1, 2009, "food for human consumption that |
7 | | is to be consumed off the premises where
it is sold" does not |
8 | | include candy. For purposes of this Section, "candy" means a |
9 | | preparation of sugar, honey, or other natural or artificial |
10 | | sweeteners in combination with chocolate, fruits, nuts or |
11 | | other ingredients or flavorings in the form of bars, drops, or |
12 | | pieces. "Candy" does not include any preparation that contains |
13 | | flour or requires refrigeration. |
14 | | Notwithstanding any other provisions of this
Act, |
15 | | beginning September 1, 2009, "nonprescription medicines and |
16 | | drugs" does not include grooming and hygiene products. For |
17 | | purposes of this Section, "grooming and hygiene products" |
18 | | includes, but is not limited to, soaps and cleaning solutions, |
19 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
20 | | lotions and screens, unless those products are available by |
21 | | prescription only, regardless of whether the products meet the |
22 | | definition of "over-the-counter-drugs". For the purposes of |
23 | | this paragraph, "over-the-counter-drug" means a drug for human |
24 | | use that contains a label that identifies the product as a drug |
25 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
26 | | label includes: |
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1 | | (A) A "Drug Facts" panel; or |
2 | | (B) A statement of the "active ingredient(s)" with a |
3 | | list of those ingredients contained in the compound, |
4 | | substance or preparation. |
5 | | Beginning on January 1, 2014 (the effective date of Public |
6 | | Act 98-122), "prescription and nonprescription medicines and |
7 | | drugs" includes medical cannabis purchased from a registered |
8 | | dispensing organization under the Compassionate Use of Medical |
9 | | Cannabis Program Act. |
10 | | As used in this Section, "adult use cannabis" means |
11 | | cannabis subject to tax under the Cannabis Cultivation |
12 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
13 | | and does not include cannabis subject to tax under the |
14 | | Compassionate Use of Medical Cannabis Program Act. |
15 | | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; |
16 | | 101-593, eff. 12-4-19.) |
17 | | Section 70-20. The Retailers' Occupation Tax Act is |
18 | | amended by changing Section 2-10 as follows:
|
19 | | (35 ILCS 120/2-10)
|
20 | | Sec. 2-10. Rate of tax. Unless otherwise provided in this |
21 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
22 | | gross receipts
from sales of tangible personal property made |
23 | | in the course of business.
|
24 | | Beginning on July 1, 2000 and through December 31, 2000, |
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1 | | with respect to
motor fuel, as defined in Section 1.1 of the |
2 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
3 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
4 | | Beginning on August 6, 2010 through August 15, 2010, with |
5 | | respect to sales tax holiday items as defined in Section 2-8 of |
6 | | this Act, the
tax is imposed at the rate of 1.25%. |
7 | | Within 14 days after the effective date of this amendatory |
8 | | Act of the 91st
General Assembly, each retailer of motor fuel |
9 | | and gasohol shall cause the
following notice to be posted in a |
10 | | prominently visible place on each retail
dispensing device |
11 | | that is used to dispense motor
fuel or gasohol in the State of |
12 | | Illinois: "As of July 1, 2000, the State of
Illinois has |
13 | | eliminated the State's share of sales tax on motor fuel and
|
14 | | gasohol through December 31, 2000. The price on this pump |
15 | | should reflect the
elimination of the tax." The notice shall |
16 | | be printed in bold print on a sign
that is no smaller than 4 |
17 | | inches by 8 inches. The sign shall be clearly
visible to |
18 | | customers. Any retailer who fails to post or maintain a |
19 | | required
sign through December 31, 2000 is guilty of a petty |
20 | | offense for which the fine
shall be $500 per day per each |
21 | | retail premises where a violation occurs.
|
22 | | With respect to gasohol, as defined in the Use Tax Act, the |
23 | | tax imposed
by this Act applies to (i) 70% of the proceeds of |
24 | | sales made on or after
January 1, 1990, and before July 1, |
25 | | 2003, (ii) 80% of the proceeds of
sales made on or after July |
26 | | 1, 2003 and on or before July 1, 2017, and (iii) 100% of the |
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1 | | proceeds of sales
made thereafter.
If, at any time, however, |
2 | | the tax under this Act on sales of gasohol, as
defined in
the |
3 | | Use Tax Act, is imposed at the rate of 1.25%, then the
tax |
4 | | imposed by this Act applies to 100% of the proceeds of sales of |
5 | | gasohol
made during that time.
|
6 | | With respect to majority blended ethanol fuel, as defined |
7 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
8 | | to the proceeds of sales made on or after
July 1, 2003 and on |
9 | | or before December 31, 2023 but applies to 100% of the
proceeds |
10 | | of sales made thereafter.
|
11 | | With respect to biodiesel blends, as defined in the Use |
12 | | Tax Act, with no less
than 1% and no
more than 10% biodiesel, |
13 | | the tax imposed by this Act
applies to (i) 80% of the proceeds |
14 | | of sales made on or after July 1, 2003
and on or before |
15 | | December 31, 2018 and (ii) 100% of the
proceeds of sales made |
16 | | thereafter.
If, at any time, however, the tax under this Act on |
17 | | sales of biodiesel blends,
as
defined in the Use Tax Act, with |
18 | | no less than 1% and no more than 10% biodiesel
is imposed at |
19 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
20 | | 100% of the proceeds of sales of biodiesel
blends with no less |
21 | | than 1% and no more than 10% biodiesel
made
during that time.
|
22 | | With respect to 100% biodiesel, as defined in the Use Tax |
23 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
24 | | more than 10% but no more than 99% biodiesel, the tax imposed |
25 | | by this Act
does not apply to the proceeds of sales made on or |
26 | | after July 1, 2003
and on or before December 31, 2023 but |
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1 | | applies to 100% of the
proceeds of sales made thereafter.
|
2 | | With respect to food for human consumption that is to be |
3 | | consumed off the
premises where it is sold (other than |
4 | | alcoholic beverages, food consisting of or infused with adult |
5 | | use cannabis, soft drinks, and
food that has been prepared for |
6 | | immediate consumption) and prescription and
nonprescription |
7 | | medicines, drugs, medical appliances, products classified as |
8 | | Class III medical devices by the United States Food and Drug |
9 | | Administration that are used for cancer treatment pursuant to |
10 | | a prescription, as well as any accessories and components |
11 | | related to those devices, modifications to a motor
vehicle for |
12 | | the purpose of rendering it usable by a person with a |
13 | | disability, and
insulin, blood sugar urine testing materials, |
14 | | syringes, and needles used by human diabetics, for
human use, |
15 | | the tax is imposed at the rate of 1%. For the purposes of this
|
16 | | Section, until September 1, 2009: the term "soft drinks" means |
17 | | any complete, finished, ready-to-use,
non-alcoholic drink, |
18 | | whether carbonated or not, including but not limited to
soda |
19 | | water, cola, fruit juice, vegetable juice, carbonated water, |
20 | | and all other
preparations commonly known as soft drinks of |
21 | | whatever kind or description that
are contained in any closed |
22 | | or sealed bottle, can, carton, or container,
regardless of |
23 | | size; but "soft drinks" does not include coffee, tea, |
24 | | non-carbonated
water, infant formula, milk or milk products as |
25 | | defined in the Grade A
Pasteurized Milk and Milk Products Act, |
26 | | or drinks containing 50% or more
natural fruit or vegetable |
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1 | | juice.
|
2 | | Notwithstanding any other provisions of this
Act, |
3 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
4 | | beverages that contain natural or artificial sweeteners. "Soft |
5 | | drinks" do not include beverages that contain milk or milk |
6 | | products, soy, rice or similar milk substitutes, or greater |
7 | | than 50% of vegetable or fruit juice by volume. |
8 | | Until August 1, 2009, and notwithstanding any other |
9 | | provisions of this
Act, "food for human consumption that is to |
10 | | be consumed off the premises where
it is sold" includes all |
11 | | food sold through a vending machine, except soft
drinks and |
12 | | food products that are dispensed hot from a vending machine,
|
13 | | regardless of the location of the vending machine. Beginning |
14 | | August 1, 2009, and notwithstanding any other provisions of |
15 | | this Act, "food for human consumption that is to be consumed |
16 | | off the premises where it is sold" includes all food sold |
17 | | through a vending machine, except soft drinks, candy, and food |
18 | | products that are dispensed hot from a vending machine, |
19 | | regardless of the location of the vending machine.
|
20 | | Notwithstanding any other provisions of this
Act, |
21 | | beginning September 1, 2009, "food for human consumption that |
22 | | is to be consumed off the premises where
it is sold" does not |
23 | | include candy. For purposes of this Section, "candy" means a |
24 | | preparation of sugar, honey, or other natural or artificial |
25 | | sweeteners in combination with chocolate, fruits, nuts or |
26 | | other ingredients or flavorings in the form of bars, drops, or |
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1 | | pieces. "Candy" does not include any preparation that contains |
2 | | flour or requires refrigeration. |
3 | | Notwithstanding any other provisions of this
Act, |
4 | | beginning September 1, 2009, "nonprescription medicines and |
5 | | drugs" does not include grooming and hygiene products. For |
6 | | purposes of this Section, "grooming and hygiene products" |
7 | | includes, but is not limited to, soaps and cleaning solutions, |
8 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
9 | | lotions and screens, unless those products are available by |
10 | | prescription only, regardless of whether the products meet the |
11 | | definition of "over-the-counter-drugs". For the purposes of |
12 | | this paragraph, "over-the-counter-drug" means a drug for human |
13 | | use that contains a label that identifies the product as a drug |
14 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
15 | | label includes: |
16 | | (A) A "Drug Facts" panel; or |
17 | | (B) A statement of the "active ingredient(s)" with a |
18 | | list of those ingredients contained in the compound, |
19 | | substance or preparation.
|
20 | | Beginning on the effective date of this amendatory Act of |
21 | | the 98th General Assembly, "prescription and nonprescription |
22 | | medicines and drugs" includes medical cannabis purchased from |
23 | | a registered dispensing organization under the Compassionate |
24 | | Use of Medical Cannabis Program Act. |
25 | | As used in this Section, "adult use cannabis" means |
26 | | cannabis subject to tax under the Cannabis Cultivation |
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1 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
2 | | and does not include cannabis subject to tax under the |
3 | | Compassionate Use of Medical Cannabis Program Act. |
4 | | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; |
5 | | 101-593, eff. 12-4-19.)
|
6 | | Article 72. |
7 | | Section 72-1. Short title. This Article may be cited as |
8 | | the Underlying Causes of Crime and Violence Study Act. |
9 | | Section 72-5. Legislative findings. In the State of |
10 | | Illinois, two-thirds of gun violence is related to suicide, |
11 | | and one-third is related to homicide, claiming approximately |
12 | | 12,000 lives a year. Violence has plagued communities, |
13 | | predominantly poor and distressed communities in urban |
14 | | settings, which have always treated violence as a criminal |
15 | | justice issue, instead of a public health issue. On February |
16 | | 21, 2018, Pastor Anthony Williams was informed that his son, |
17 | | Nehemiah William, had been shot to death. Due to this |
18 | | disheartening event, Pastor Anthony Williams reached out to |
19 | | State Representative Elizabeth "Lisa" Hernandez, urging that |
20 | | the issue of violence be treated as a public health crisis. In |
21 | | 2018, elected officials from all levels of government started |
22 | | a coalition to address violence as a public health crisis, |
23 | | with the assistance of faith-based organizations, advocates, |
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1 | | and community members and held a statewide listening tour from |
2 | | August 2018 to April 2019. The listening tour consisted of |
3 | | stops on the South Side and West Side of Chicago, Maywood, |
4 | | Springfield, and East St. Louis, with a future scheduled visit |
5 | | in Danville. During the statewide listening sessions, |
6 | | community members actively discussed neighborhood safety, |
7 | | defining violence and how and why violence occurs in their |
8 | | communities. The listening sessions provided different |
9 | | solutions to address violence, however, all sessions confirmed |
10 | | a disconnect from the priorities of government and the needs |
11 | | of these communities.
|
12 | | Section 72-10. Study. The Department of Public Health and |
13 | | the Department of Human Services shall study how to create a |
14 | | process to identify high violence communities, also known as |
15 | | R3 (Restore, Reinvest, and Renew) areas, and prioritize State |
16 | | dollars to go to these communities to fund programs as well as |
17 | | community and economic development projects that would address |
18 | | the underlying causes of crime and violence.
|
19 | | Due to a variety of reasons, including in particular the |
20 | | State's budget impasse, funds from multiple sources to |
21 | | establish such a comprehensive policy are subject to |
22 | | appropriation. Private philanthropic efforts will also be |
23 | | considered. Policies like R3 are needed in order to provide |
24 | | communities that have historically suffered from divestment, |
25 | | poverty, and incarceration with smart solutions that can solve |
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1 | | the plague of structural violence that includes collective, |
2 | | interpersonal, and self-directed violence. Understanding |
3 | | structural violence helps explain the multiple and often |
4 | | intersecting forces that create and perpetuate these |
5 | | conditions on multiple levels. It is clear that violence is a |
6 | | public health problem that needs to be treated as such. |
7 | | Research has shown that when violence is treated in such a way |
8 | | that educates, fosters collaboration, and redirects the |
9 | | funding on a governmental level, its effects can be slowed or |
10 | | even halted, resulting in civility being brought to our |
11 | | communities in the State of Illinois. Research has shown that |
12 | | when violence is treated in such a way, then its effects can be |
13 | | slowed or even halted. |
14 | | Section 72-15. Report.
The Department of Public Health |
15 | | and the Department of Human Services are required to report |
16 | | their findings to the General Assembly by December 31, 2021. |
17 | | Article 80. |
18 | | Section 80-5. The Employee Sick Leave Act is amended by |
19 | | changing Sections 5 and 10 as follows: |
20 | | (820 ILCS 191/5)
|
21 | | Sec. 5. Definitions. In this Act: |
22 | | "Covered family member" means an employee's child, |
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1 | | stepchild, spouse, domestic partner, sibling, parent, |
2 | | mother-in-law, father-in-law, grandchild, grandparent, or |
3 | | stepparent. |
4 | | "Department" means the Department of Labor. |
5 | | "Personal care" means activities to ensure that a covered |
6 | | family member's basic medical, hygiene, nutritional, or safety |
7 | | needs are met, or to provide transportation to medical |
8 | | appointments, for a covered family member who is unable to |
9 | | meet those needs himself or herself. "Personal care" also |
10 | | means being physically present to provide emotional support to |
11 | | a covered family member with a serious health condition who is |
12 | | receiving inpatient or home care. |
13 | | "Personal sick leave benefits" means any paid or unpaid |
14 | | time available to an employee as provided through an |
15 | | employment benefit plan or paid time off policy to be used as a |
16 | | result of absence from work due to personal illness, injury, |
17 | | or medical appointment , or for personal care of a covered |
18 | | family member . An employment benefit plan or paid time off |
19 | | policy does not include long term disability, short term |
20 | | disability, an insurance policy, or other comparable benefit |
21 | | plan or policy.
|
22 | | (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.) |
23 | | (820 ILCS 191/10)
|
24 | | Sec. 10. Use of leave; limitations. |
25 | | (a) An employee may use personal sick leave benefits |
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1 | | provided by the employer for absences due to an illness, |
2 | | injury, or medical appointment of the employee's child, |
3 | | stepchild, spouse, domestic partner, sibling, parent, |
4 | | mother-in-law, father-in-law, grandchild, grandparent, or |
5 | | stepparent, or for personal care of a covered family member on |
6 | | the same terms upon which the employee is able to use personal |
7 | | sick leave benefits for the employee's own illness or injury. |
8 | | An employer may request written verification of the employee's |
9 | | absence from a health care professional if such verification |
10 | | is required under the employer's employment benefit plan or |
11 | | paid time off policy. |
12 | | (b) An employer may limit the use of personal sick leave |
13 | | benefits provided by the employer for absences due to an |
14 | | illness, injury, or medical appointment , or personal care of |
15 | | the employee's covered family member of the employee's child, |
16 | | stepchild, spouse, domestic partner, sibling, parent, |
17 | | mother-in-law, father-in-law, grandchild, grandparent, or |
18 | | stepparent to an amount not less than the personal sick leave |
19 | | that would be earned or accrued during 6 months at the |
20 | | employee's then current rate of entitlement. For employers who |
21 | | base personal sick leave benefits on an employee's years of |
22 | | service instead of annual or monthly accrual, such employer |
23 | | may limit the amount of sick leave to be used under this Act to |
24 | | half of the employee's maximum annual grant. |
25 | | (c) An employer who provides personal sick leave benefits |
26 | | or a paid time off policy that would otherwise provide |
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1 | | benefits as required under subsections (a) and (b) shall not |
2 | | be required to modify such benefits.
|
3 | | (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.) |
4 | | Article 90. |
5 | | Section 90-5. The Nursing Home Care Act is amended by |
6 | | adding Section 3-206.06 as follows: |
7 | | (210 ILCS 45/3-206.06 new) |
8 | | Sec. 3-206.06. Testing for Legionella bacteria. A facility |
9 | | shall develop a policy for testing its water supply for |
10 | | Legionella bacteria. The policy shall include the frequency |
11 | | with which testing is conducted. The policy and the results of |
12 | | any tests shall be made available to the Department upon |
13 | | request. |
14 | | Section 90-10. The Hospital Licensing Act is amended by |
15 | | adding Section 6.29 as follows: |
16 | | (210 ILCS 85/6.29 new) |
17 | | Sec. 6.29. Testing for Legionella bacteria. A hospital |
18 | | shall develop a policy for testing its water supply for |
19 | | Legionella bacteria. The policy shall include the frequency |
20 | | with which testing is conducted. The policy and the results of |
21 | | any tests shall be made available to the Department upon |
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1 | | request. |
2 | | Article 95. |
3 | | Section 95-5. The Child Care Act of 1969 is amended by |
4 | | changing Section 7 as follows:
|
5 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
|
6 | | Sec. 7. (a) The Department must prescribe and publish |
7 | | minimum standards
for licensing that apply to the various |
8 | | types of facilities for child care
defined in this Act and that |
9 | | are equally applicable to like institutions
under the control |
10 | | of the Department and to foster family homes used by and
under |
11 | | the direct supervision of the Department. The Department shall |
12 | | seek
the advice and assistance of persons representative of |
13 | | the various types of
child care facilities in establishing |
14 | | such standards. The standards
prescribed and published under |
15 | | this Act take effect as provided in the
Illinois |
16 | | Administrative Procedure Act, and are restricted to
|
17 | | regulations pertaining to the following matters and to any |
18 | | rules and regulations required or permitted by any other |
19 | | Section of this Act:
|
20 | | (1) The operation and conduct of the facility and |
21 | | responsibility it
assumes for child care;
|
22 | | (2) The character, suitability and qualifications of |
23 | | the applicant and
other persons directly responsible for |
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1 | | the care and welfare of children
served. All child day |
2 | | care center licensees and employees who are required
to
|
3 | | report child abuse or neglect under the Abused and |
4 | | Neglected Child Reporting
Act shall be required to attend |
5 | | training on recognizing child abuse and
neglect, as |
6 | | prescribed by Department rules;
|
7 | | (3) The general financial ability and competence of |
8 | | the applicant to
provide necessary care for children and |
9 | | to maintain prescribed standards;
|
10 | | (4) The number of individuals or staff required to |
11 | | insure adequate
supervision and care of the children |
12 | | received. The standards shall provide
that each child care |
13 | | institution, maternity center, day care center,
group |
14 | | home, day care home, and group day care home shall have on |
15 | | its
premises during its hours of operation at
least one |
16 | | staff member certified in first aid, in the Heimlich |
17 | | maneuver and
in cardiopulmonary resuscitation by the |
18 | | American Red Cross or other
organization approved by rule |
19 | | of the Department. Child welfare agencies
shall not be |
20 | | subject to such a staffing requirement. The Department may
|
21 | | offer, or arrange for the offering, on a periodic basis in |
22 | | each community
in this State in cooperation with the |
23 | | American Red Cross, the American
Heart Association or |
24 | | other appropriate organization, voluntary programs to
|
25 | | train operators of foster family homes and day care homes |
26 | | in first aid and
cardiopulmonary resuscitation;
|
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1 | | (5) The appropriateness, safety, cleanliness, and |
2 | | general adequacy of the
premises, including maintenance of |
3 | | adequate fire prevention and health
standards conforming |
4 | | to State laws and municipal codes to provide for the
|
5 | | physical comfort, care, and well-being of children |
6 | | received;
|
7 | | (6) Provisions for food, clothing, educational |
8 | | opportunities, program,
equipment and individual supplies |
9 | | to assure the healthy physical, mental,
and spiritual |
10 | | development of children served;
|
11 | | (7) Provisions to safeguard the legal rights of |
12 | | children served;
|
13 | | (8) Maintenance of records pertaining to the |
14 | | admission, progress, health,
and discharge of children, |
15 | | including, for day care centers and day care
homes, |
16 | | records indicating each child has been immunized as |
17 | | required by State
regulations. The Department shall |
18 | | require proof that children enrolled in
a facility have |
19 | | been immunized against Haemophilus Influenzae B (HIB);
|
20 | | (9) Filing of reports with the Department;
|
21 | | (10) Discipline of children;
|
22 | | (11) Protection and fostering of the particular
|
23 | | religious faith of the children served;
|
24 | | (12) Provisions prohibiting firearms on day care |
25 | | center premises
except in the possession of peace |
26 | | officers;
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1 | | (13) Provisions prohibiting handguns on day care home |
2 | | premises except in
the possession of peace officers or |
3 | | other adults who must possess a handgun
as a condition of |
4 | | employment and who reside on the premises of a day care |
5 | | home;
|
6 | | (14) Provisions requiring that any firearm permitted |
7 | | on day care home
premises, except handguns in the |
8 | | possession of peace officers, shall be
kept in a |
9 | | disassembled state, without ammunition, in locked storage,
|
10 | | inaccessible to children and that ammunition permitted on |
11 | | day care home
premises shall be kept in locked storage |
12 | | separate from that of disassembled
firearms, inaccessible |
13 | | to children;
|
14 | | (15) Provisions requiring notification of parents or |
15 | | guardians enrolling
children at a day care home of the |
16 | | presence in the day care home of any
firearms and |
17 | | ammunition and of the arrangements for the separate, |
18 | | locked
storage of such firearms and ammunition;
|
19 | | (16) Provisions requiring all licensed child care |
20 | | facility employees who care for newborns and infants to |
21 | | complete training every 3 years on the nature of sudden |
22 | | unexpected infant death (SUID), sudden infant death |
23 | | syndrome (SIDS), and the safe sleep recommendations of the |
24 | | American Academy of Pediatrics; and |
25 | | (17) With respect to foster family homes, provisions |
26 | | requiring the Department to review quality of care |
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1 | | concerns and to consider those concerns in determining |
2 | | whether a foster family home is qualified to care for |
3 | | children. |
4 | | By July 1, 2022, all licensed day care home providers, |
5 | | licensed group day care home providers, and licensed day care |
6 | | center directors and classroom staff shall participate in at |
7 | | least one training that includes the topics of early childhood |
8 | | social emotional learning, infant and early childhood mental |
9 | | health, early childhood trauma, or adverse childhood |
10 | | experiences. Current licensed providers, directors, and |
11 | | classroom staff shall complete training by July 1, 2022 and |
12 | | shall participate in training that includes the above topics |
13 | | at least once every 3 years. |
14 | | (b) If, in a facility for general child care, there are |
15 | | children
diagnosed as mentally ill or children diagnosed as |
16 | | having an intellectual or physical disability, who
are |
17 | | determined to be in need of special mental treatment or of |
18 | | nursing
care, or both mental treatment and nursing care, the |
19 | | Department shall seek
the advice and recommendation of the |
20 | | Department of Human Services,
the Department of Public Health, |
21 | | or both
Departments regarding the residential treatment and |
22 | | nursing care provided
by the institution.
|
23 | | (c) The Department shall investigate any person applying |
24 | | to be
licensed as a foster parent to determine whether there is |
25 | | any evidence of
current drug or alcohol abuse in the |
26 | | prospective foster family. The
Department shall not license a |
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1 | | person as a foster parent if drug or alcohol
abuse has been |
2 | | identified in the foster family or if a reasonable suspicion
|
3 | | of such abuse exists, except that the Department may grant a |
4 | | foster parent
license to an applicant identified with an |
5 | | alcohol or drug problem if the
applicant has successfully |
6 | | participated in an alcohol or drug treatment
program, |
7 | | self-help group, or other suitable activities and if the |
8 | | Department determines that the foster family home can provide |
9 | | a safe, appropriate environment and meet the physical and |
10 | | emotional needs of children.
|
11 | | (d) The Department, in applying standards prescribed and |
12 | | published, as
herein provided, shall offer consultation |
13 | | through employed staff or other
qualified persons to assist |
14 | | applicants and licensees in meeting and
maintaining minimum |
15 | | requirements for a license and to help them otherwise
to |
16 | | achieve programs of excellence related to the care of children |
17 | | served.
Such consultation shall include providing information |
18 | | concerning education
and training in early childhood |
19 | | development to providers of day care home
services. The |
20 | | Department may provide or arrange for such education and
|
21 | | training for those providers who request such assistance.
|
22 | | (e) The Department shall distribute copies of licensing
|
23 | | standards to all licensees and applicants for a license. Each |
24 | | licensee or
holder of a permit shall distribute copies of the |
25 | | appropriate licensing
standards and any other information |
26 | | required by the Department to child
care facilities under its |
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1 | | supervision. Each licensee or holder of a permit
shall |
2 | | maintain appropriate documentation of the distribution of the
|
3 | | standards. Such documentation shall be part of the records of |
4 | | the facility
and subject to inspection by authorized |
5 | | representatives of the Department.
|
6 | | (f) The Department shall prepare summaries of day care |
7 | | licensing
standards. Each licensee or holder of a permit for a |
8 | | day care facility
shall distribute a copy of the appropriate |
9 | | summary and any other
information required by the Department, |
10 | | to the legal guardian of each child
cared for in that facility |
11 | | at the time when the child is enrolled or
initially placed in |
12 | | the facility. The licensee or holder of a permit for a
day care |
13 | | facility shall secure appropriate documentation of the
|
14 | | distribution of the summary and brochure. Such documentation |
15 | | shall be a
part of the records of the facility and subject to |
16 | | inspection by an
authorized representative of the Department.
|
17 | | (g) The Department shall distribute to each licensee and
|
18 | | holder of a permit copies of the licensing or permit standards |
19 | | applicable
to such person's facility. Each licensee or holder |
20 | | of a permit shall make
available by posting at all times in a |
21 | | common or otherwise accessible area
a complete and current set |
22 | | of licensing standards in order that all
employees of the |
23 | | facility may have unrestricted access to such standards.
All |
24 | | employees of the facility shall have reviewed the standards |
25 | | and any
subsequent changes. Each licensee or holder of a |
26 | | permit shall maintain
appropriate documentation of the current |
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1 | | review of licensing standards by
all employees. Such records |
2 | | shall be part of the records of the facility
and subject to |
3 | | inspection by authorized representatives of the Department.
|
4 | | (h) Any standards involving physical examinations, |
5 | | immunization,
or medical treatment shall include appropriate |
6 | | exemptions for children
whose parents object thereto on the |
7 | | grounds that they conflict with the
tenets and practices of a |
8 | | recognized church or religious organization, of
which the |
9 | | parent is an adherent or member, and for children who should |
10 | | not
be subjected to immunization for clinical reasons.
|
11 | | (i) The Department, in cooperation with the Department of |
12 | | Public Health, shall work to increase immunization awareness |
13 | | and participation among parents of children enrolled in day |
14 | | care centers and day care homes by publishing on the |
15 | | Department's website information about the benefits of |
16 | | immunization against vaccine preventable diseases, including |
17 | | influenza and pertussis. The information for vaccine |
18 | | preventable diseases shall include the incidence and severity |
19 | | of the diseases, the availability of vaccines, and the |
20 | | importance of immunizing children and persons who frequently |
21 | | have close contact with children. The website content shall be |
22 | | reviewed annually in collaboration with the Department of |
23 | | Public Health to reflect the most current recommendations of |
24 | | the Advisory Committee on Immunization Practices (ACIP). The |
25 | | Department shall work with day care centers and day care homes |
26 | | licensed under this Act to ensure that the information is |
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1 | | annually distributed to parents in August or September. |
2 | | (j) Any standard adopted by the Department that requires |
3 | | an applicant for a license to operate a day care home to |
4 | | include a copy of a high school diploma or equivalent |
5 | | certificate with his or her application shall be deemed to be |
6 | | satisfied if the applicant includes a copy of a high school |
7 | | diploma or equivalent certificate or a copy of a degree from an |
8 | | accredited institution of higher education or vocational |
9 | | institution or equivalent certificate. |
10 | | (Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17; |
11 | | 100-201, eff. 8-18-17.)
|
12 | | Article 100. |
13 | | Section 100-1. Short title. This Article may be cited as |
14 | | the Special Commission on Gynecologic Cancers Act. |
15 | | Section 100-5. Creation; members; duties; report. |
16 | | (a) The Special Commission on Gynecologic Cancers is |
17 | | created. 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 |
20 | | Public 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 |
12 | | compensation or reimbursement from the Commission. Members |
13 | | shall select a Chair from among themselves and the Chair shall |
14 | | set the meeting schedule. |
15 | | (c) The Illinois Department of Public Health shall provide |
16 | | administrative support to the Commission. |
17 | | (d) The Commission is charged with the study of the |
18 | | following: |
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 |
11 | | General Assembly no later than December 31, 2021 and, upon the |
12 | | filing of its report, is dissolved. |
13 | | Section 100-90. Repeal. This Article is repealed on |
14 | | January 1, 2023.
|
15 | | Article 105. |
16 | | Section 105-5. The Illinois Public Aid Code is amended by |
17 | | changing 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 |
21 | | and after July 1, 2020. |
22 | | (a) To preserve and improve access to hospital services, |
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1 | | for hospital services rendered on and after July 1, 2020, the |
2 | | Department shall, except for hospitals described in subsection |
3 | | (b) of Section 5A-3, make payments to hospitals or require |
4 | | capitated managed care organizations to make payments as set |
5 | | forth in this Section. Payments under this Section are not due |
6 | | and payable, however, until: (i) the methodologies described |
7 | | in this Section are approved by the federal government in an |
8 | | appropriate State Plan amendment or directed payment preprint; |
9 | | and (ii) the assessment imposed under this Article is |
10 | | determined to be a permissible tax under Title XIX of the |
11 | | Social Security Act. In determining the hospital access |
12 | | payments authorized under subsection (g) of this Section, if a |
13 | | hospital ceases to qualify for payments from the pool, the |
14 | | payments for all hospitals continuing to qualify for payments |
15 | | from such pool shall be uniformly adjusted to fully expend the |
16 | | aggregate net amount of the pool, with such adjustment being |
17 | | effective on the first day of the second month following the |
18 | | date the hospital ceases to receive payments from such pool. |
19 | | (b) Amounts moved into claims-based rates and distributed |
20 | | in accordance with Section 14-12 shall remain in those |
21 | | claims-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, |
12 | | Lines 14, 16-18, and 32). |
13 | | (3) An annualized Medicaid indirect medical education |
14 | | (IME) payment is calculated for each hospital using its |
15 | | IME payments (Worksheet E Part A, Line 29, Column 1) |
16 | | multiplied by the percentage that its Medicaid days |
17 | | (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18, |
18 | | and 32) comprise of its Medicare days (Worksheet S3 Part |
19 | | I, Column 6, Lines 2, 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 |
4 | | by 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 |
11 | | hospital shall receive an annual payment equal to the amounts |
12 | | below, to be paid in 12 equal installments on or before the |
13 | | seventh State business day of each month, except that no |
14 | | payment shall be due within 30 days after the later of the date |
15 | | of notification of federal approval of the payment |
16 | | methodologies required under this Section or any waiver |
17 | | required under 42 CFR 433.68, at which time the sum of amounts |
18 | | required under this Section prior to the date of notification |
19 | | is 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 |
23 | | of 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 |
2 | | of 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 |
21 | | Year 2019 contained in paid fee-for-service claims and |
22 | | $620 per paid fee-for-service outpatient claim in the |
23 | | Department's 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 |
13 | | organizations (MCOs) to make directed payments and |
14 | | pass-through payments according to this Section. Each calendar |
15 | | year, the Department shall require MCOs to pay the maximum |
16 | | amount out of these funds as allowed as pass-through payments |
17 | | under federal regulations. The Department shall require MCOs |
18 | | to make such pass-through payments as specified in this |
19 | | Section. The Department shall require the MCOs to pay the |
20 | | remaining amounts as directed Payments as specified in this |
21 | | Section. The Department shall issue payments to the |
22 | | Comptroller by the seventh business day of each month for all |
23 | | MCOs that are sufficient for MCOs to make the directed |
24 | | payments and pass-through payments according to this Section. |
25 | | The Department shall require the MCOs to make pass-through |
26 | | payments and directed payments using electronic funds |
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1 | | transfers (EFT), if the hospital provides the information |
2 | | necessary to process such EFTs, in accordance with directions |
3 | | provided monthly by the Department, within 7 business days of |
4 | | the date the funds are paid to the MCOs, as indicated by the |
5 | | "Paid Date" on the website of the Office of the Comptroller if |
6 | | the funds are paid by EFT and the MCOs have received directed |
7 | | payment instructions. If funds are not paid through the |
8 | | Comptroller by EFT, payment must be made within 7 business |
9 | | days of the date actually received by the MCO. The MCO will be |
10 | | considered to have paid the pass-through payments when the |
11 | | payment remittance number is generated or the date the MCO |
12 | | sends the check to the hospital, if EFT information is not |
13 | | supplied. If an MCO is late in paying a pass-through payment or |
14 | | directed payment as required under this Section (including any |
15 | | extensions granted by the Department), it shall pay a penalty, |
16 | | unless waived by the Department for reasonable cause, to the |
17 | | Department equal to 5% of the amount of the pass-through |
18 | | payment or directed payment not paid on or before the due date |
19 | | plus 5% of the portion thereof remaining unpaid on the last day |
20 | | of each 30-day period thereafter. Payments to MCOs that would |
21 | | be paid consistent with actuarial certification and enrollment |
22 | | in the absence of the increased capitation payments under this |
23 | | Section shall not be reduced as a consequence of payments made |
24 | | under this subsection. The Department shall publish and |
25 | | maintain on its website for a period of no less than 8 calendar |
26 | | quarters, the quarterly calculation of directed payments and |
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1 | | pass-through payments owed to each hospital from each MCO. All |
2 | | calculations and reports shall be posted no later than the |
3 | | first day of the quarter for which the payments are to be |
4 | | issued. |
5 | | (f)(1) For purposes of allocating the funds included in |
6 | | capitation payments to MCOs, Illinois hospitals shall be |
7 | | divided into the following classes as defined in |
8 | | administrative rules: |
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 |
2 | | subsection (h) of Section 5-5.02, and for the inpatient |
3 | | day threshold, the State fiscal year ending 18 months |
4 | | prior to the beginning of the calendar year. For purposes |
5 | | of calculating MIUR under this Section, children's |
6 | | hospitals and affiliated general acute care hospitals |
7 | | shall be 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 |
13 | | assessed prior to the beginning of each calendar year and the |
14 | | new class designation shall be effective January 1 of the next |
15 | | year. The Department shall publish by rule the process for |
16 | | establishing class determination. |
17 | | (g) Fixed pool directed payments. Beginning July 1, 2020, |
18 | | the Department shall issue payments to MCOs which shall be |
19 | | used to issue directed payments to qualified Illinois |
20 | | safety-net hospitals and critical access hospitals on a |
21 | | monthly basis in accordance with this subsection. Prior to the |
22 | | beginning of each Payout Quarter beginning July 1, 2020, the |
23 | | Department shall use encounter claims data from the |
24 | | Determination Quarter, accepted by the Department's Medicaid |
25 | | Management Information System for inpatient and outpatient |
26 | | services rendered by safety-net hospitals and critical access |
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1 | | hospitals to determine a quarterly uniform per unit add-on for |
2 | | each hospital class. |
3 | | (1) Inpatient per unit add-on. A quarterly uniform per |
4 | | diem add-on shall be derived by dividing the quarterly |
5 | | Inpatient Directed Payments Pool amount allocated to the |
6 | | applicable hospital class by the total inpatient days |
7 | | contained on all encounter claims received during the |
8 | | Determination Quarter, for all hospitals in the class. |
9 | | (A) Each hospital in the class shall have a |
10 | | quarterly inpatient directed payment calculated that |
11 | | is equal to the product of the number of inpatient days |
12 | | attributable to the hospital used in the calculation |
13 | | of the quarterly uniform class per diem add-on, |
14 | | multiplied by the calculated applicable quarterly |
15 | | uniform class per diem add-on of the hospital class. |
16 | | (B) Each hospital shall be paid 1/3 of its |
17 | | quarterly inpatient directed payment in each of the 3 |
18 | | months of the Payout Quarter, in accordance with |
19 | | directions provided to each MCO by the Department. |
20 | | (2) Outpatient per unit add-on. A quarterly uniform |
21 | | per claim add-on shall be derived by dividing the |
22 | | quarterly Outpatient Directed Payments Pool amount |
23 | | allocated to the applicable hospital class by the total |
24 | | outpatient encounter claims received during the |
25 | | Determination Quarter, for all hospitals in the class. |
26 | | (A) Each hospital in the class shall have a |
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1 | | quarterly outpatient directed payment calculated that |
2 | | is equal to the product of the number of outpatient |
3 | | encounter claims attributable to the hospital used in |
4 | | the calculation of the quarterly uniform class per |
5 | | claim add-on, multiplied by the calculated applicable |
6 | | quarterly uniform class per claim add-on of the |
7 | | hospital class. |
8 | | (B) Each hospital shall be paid 1/3 of its |
9 | | quarterly outpatient directed payment in each of the 3 |
10 | | months of the Payout Quarter, in accordance with |
11 | | directions provided to each MCO by the Department. |
12 | | (3) Each MCO shall pay each hospital the Monthly |
13 | | Directed Payment as identified by the Department on its |
14 | | quarterly determination report. |
15 | | (4) Definitions. As used in this subsection: |
16 | | (A) "Payout Quarter" means each 3 month calendar |
17 | | quarter, beginning July 1, 2020. |
18 | | (B) "Determination Quarter" means each 3 month |
19 | | calendar quarter, which ends 3 months prior to the |
20 | | first day of each Payout Quarter. |
21 | | (5) For the period July 1, 2020 through December 2020, |
22 | | the following amounts shall be allocated to the following |
23 | | hospital class directed payment pools for the quarterly |
24 | | development of a uniform per unit add-on: |
25 | | (A) $2,894,500 for hospital inpatient services for |
26 | | critical access hospitals. |
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1 | | (B) $4,294,374 for hospital outpatient services |
2 | | for critical access hospitals. |
3 | | (C) $29,109,330 for hospital inpatient services |
4 | | for safety-net hospitals. |
5 | | (D) $35,041,218 for hospital outpatient services |
6 | | for safety-net hospitals. |
7 | | (h) Fixed rate directed payments. Effective July 1, 2020, |
8 | | the Department shall issue payments to MCOs which shall be |
9 | | used to issue directed payments to Illinois hospitals not |
10 | | identified in paragraph (g) on a monthly basis. Prior to the |
11 | | beginning of each Payout Quarter beginning July 1, 2020, the |
12 | | Department shall use encounter claims data from the |
13 | | Determination Quarter, accepted by the Department's Medicaid |
14 | | Management Information System for inpatient and outpatient |
15 | | services rendered by hospitals in each hospital class |
16 | | identified in paragraph (f) and not identified in paragraph |
17 | | (g). For the period July 1, 2020 through December 2020, the |
18 | | Department shall direct MCOs to make payments as follows: |
19 | | (1) For general acute care hospitals an amount equal |
20 | | to $1,750 multiplied by the hospital's category of service |
21 | | 20 case mix index for the determination quarter multiplied |
22 | | by the hospital's total number of inpatient admissions for |
23 | | category of service 20 for the determination quarter. |
24 | | (2) For general acute care hospitals an amount equal |
25 | | to $160 multiplied by the hospital's category of service |
26 | | 21 case mix index for the determination quarter multiplied |
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1 | | by the hospital's total number of inpatient admissions for |
2 | | category of service 21 for the determination quarter. |
3 | | (3) For general acute care hospitals an amount equal |
4 | | to $80 multiplied by the hospital's category of service 22 |
5 | | case mix index for the determination quarter multiplied by |
6 | | the hospital's total number of inpatient admissions for |
7 | | category of service 22 for the determination quarter. |
8 | | (4) For general acute care hospitals an amount equal |
9 | | to $375 multiplied by the hospital's category of service |
10 | | 24 case mix index for the determination quarter multiplied |
11 | | by the hospital's total number of category of service 24 |
12 | | paid EAPG (EAPGs) for the determination quarter. |
13 | | (5) For general acute care hospitals an amount equal |
14 | | to $240 multiplied by the hospital's category of service |
15 | | 27 and 28 case mix index for the determination quarter |
16 | | multiplied by the hospital's total number of category of |
17 | | service 27 and 28 paid EAPGs for the determination |
18 | | quarter. |
19 | | (6) For general acute care hospitals an amount equal |
20 | | to $290 multiplied by the hospital's category of service |
21 | | 29 case mix index for the determination quarter multiplied |
22 | | by the hospital's total number of category of service 29 |
23 | | paid EAPGs for the determination quarter. |
24 | | (7) For high Medicaid hospitals an amount equal to |
25 | | $1,800 multiplied by the hospital's category of service 20 |
26 | | case mix index for the determination quarter multiplied by |
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1 | | the hospital's total number of inpatient admissions for |
2 | | category of service 20 for the determination quarter. |
3 | | (8) For high Medicaid hospitals an amount equal to |
4 | | $160 multiplied by the hospital's category of service 21 |
5 | | case mix index for the determination quarter multiplied by |
6 | | the hospital's total number of inpatient admissions for |
7 | | category of service 21 for the determination quarter. |
8 | | (9) For high Medicaid hospitals an amount equal to $80 |
9 | | multiplied by the hospital's category of service 22 case |
10 | | mix index for the determination quarter multiplied by the |
11 | | hospital's total number of inpatient admissions for |
12 | | category of service 22 for the determination quarter. |
13 | | (10) For high Medicaid hospitals an amount equal to |
14 | | $400 multiplied by the hospital's category of service 24 |
15 | | case mix index for the determination quarter multiplied by |
16 | | the hospital's total number of category of service 24 paid |
17 | | EAPG outpatient claims for the determination quarter. |
18 | | (11) For high Medicaid hospitals an amount equal to |
19 | | $240 multiplied by the hospital's category of service 27 |
20 | | and 28 case mix index for the determination quarter |
21 | | multiplied by the hospital's total number of category of |
22 | | service 27 and 28 paid EAPGs for the determination |
23 | | quarter. |
24 | | (12) For high Medicaid hospitals an amount equal to |
25 | | $290 multiplied by the hospital's category of service 29 |
26 | | case mix index for the determination quarter multiplied by |
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1 | | the hospital's total number of category of service 29 paid |
2 | | EAPGs for the determination quarter. |
3 | | (13) For long term acute care hospitals the amount of |
4 | | $495 multiplied by the hospital's total number of |
5 | | inpatient days for the determination quarter. |
6 | | (14) For psychiatric hospitals the amount of $210 |
7 | | multiplied by the hospital's total number of inpatient |
8 | | days for category of service 21 for the determination |
9 | | quarter. |
10 | | (15) For psychiatric hospitals the amount of $250 |
11 | | multiplied by the hospital's total number of outpatient |
12 | | claims for category of service 27 and 28 for the |
13 | | determination quarter. |
14 | | (16) For rehabilitation hospitals the amount of $410 |
15 | | multiplied by the hospital's total number of inpatient |
16 | | days for category of service 22 for the determination |
17 | | quarter. |
18 | | (17) For rehabilitation hospitals the amount of $100 |
19 | | multiplied by the hospital's total number of outpatient |
20 | | claims for category of service 29 for the determination |
21 | | quarter. |
22 | | (18) Each hospital shall be paid 1/3 of their |
23 | | quarterly inpatient and outpatient directed payment in |
24 | | each of the 3 months of the Payout Quarter, in accordance |
25 | | with directions provided to each MCO by the Department. |
26 | | (19) Each MCO shall pay each hospital the Monthly |
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1 | | Directed Payment amount as identified by the Department on |
2 | | its quarterly determination report. |
3 | | Notwithstanding any other provision of this subsection, if |
4 | | the Department determines that the actual total hospital |
5 | | utilization data that is used to calculate the fixed rate |
6 | | directed payments is substantially different than anticipated |
7 | | when the rates in this subsection were initially determined |
8 | | (for unforeseeable circumstances such as the COVID-19 |
9 | | pandemic), the Department may adjust the rates specified in |
10 | | this subsection so that the total directed payments |
11 | | approximate the total spending amount anticipated when the |
12 | | rates were initially established. |
13 | | Definitions. As used in this subsection: |
14 | | (A) "Payout Quarter" means each calendar quarter, |
15 | | beginning July 1, 2020. |
16 | | (B) "Determination Quarter" means each calendar |
17 | | quarter which ends 3 months prior to the first day of |
18 | | each Payout Quarter. |
19 | | (C) "Case mix index" means a hospital specific |
20 | | calculation. For inpatient claims the case mix index |
21 | | is calculated each quarter by summing the relative |
22 | | weight of all inpatient Diagnosis-Related Group (DRG) |
23 | | claims for a category of service in the applicable |
24 | | Determination Quarter and dividing the sum by the |
25 | | number of sum total of all inpatient DRG admissions |
26 | | for the category of service for the associated claims. |
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1 | | The case mix index for outpatient claims is calculated |
2 | | each quarter by summing the relative weight of all |
3 | | paid EAPGs in the applicable Determination Quarter and |
4 | | dividing the sum by the sum total of paid EAPGs for the |
5 | | associated claims. |
6 | | (i) Beginning January 1, 2021, the rates for directed |
7 | | payments shall be recalculated in order to spend the |
8 | | additional funds for directed payments that result from |
9 | | reduction in the amount of pass-through payments allowed under |
10 | | federal regulations. The additional funds for directed |
11 | | payments shall be allocated proportionally to each class of |
12 | | hospitals based on that class' proportion of services. |
13 | | (j) Pass-through payments. |
14 | | (1) For the period July 1, 2020 through December 31, |
15 | | 2020, the Department shall assign quarterly pass-through |
16 | | payments to each class of hospitals equal to one-fourth of |
17 | | the following annual allocations: |
18 | | (A) $390,487,095 to safety-net hospitals. |
19 | | (B) $62,553,886 to critical access hospitals. |
20 | | (C) $345,021,438 to high Medicaid hospitals. |
21 | | (D) $551,429,071 to general acute care hospitals. |
22 | | (E) $27,283,870 to long term acute care hospitals. |
23 | | (F) $40,825,444 to freestanding psychiatric |
24 | | hospitals. |
25 | | (G) $9,652,108 to freestanding rehabilitation |
26 | | hospitals. |
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1 | | (2) The pass-through payments shall at a minimum |
2 | | ensure hospitals receive a total amount of monthly |
3 | | payments under this Section as received in calendar year |
4 | | 2019 in accordance with this Article and paragraph (1) of |
5 | | subsection (d-5) of Section 14-12, exclusive of amounts |
6 | | received through payments referenced in subsection (b). |
7 | | (3) For the calendar year beginning January 1, 2021, |
8 | | and each calendar year thereafter, each hospital's |
9 | | pass-through payment amount shall be reduced |
10 | | proportionally to the reduction of all pass-through |
11 | | payments required by federal regulations. |
12 | | (k) At least 30 days prior to each calendar year, the |
13 | | Department shall notify each hospital of changes to the |
14 | | payment methodologies in this Section, including, but not |
15 | | limited to, changes in the fixed rate directed payment rates, |
16 | | the aggregate pass-through payment amount for all hospitals, |
17 | | and the hospital's pass-through payment amount for the |
18 | | upcoming calendar year. |
19 | | (l) Notwithstanding any other provisions of this Section, |
20 | | the Department may adopt rules to change the methodology for |
21 | | directed and pass-through payments as set forth in this |
22 | | Section, but only to the extent necessary to obtain federal |
23 | | approval of a necessary State Plan amendment or Directed |
24 | | Payment Preprint or to otherwise conform to federal law or |
25 | | federal regulation. |
26 | | (m) As used in this subsection, "managed care |
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1 | | organization" or "MCO" means an entity which contracts with |
2 | | the Department to provide services where payment for medical |
3 | | services is made on a capitated basis, excluding contracted |
4 | | entities for dual eligible or Department of Children and |
5 | | Family Services youth populations.
|
6 | | (n) In order to address the escalating infant mortality |
7 | | rates among minority communities in Illinois, the State shall, |
8 | | subject to appropriation, create a pool of funding of at least |
9 | | $50,000,000 annually to be disbursed among safety-net |
10 | | hospitals that maintain perinatal designation from the |
11 | | Department of Public Health. The funding shall be used to |
12 | | preserve or enhance OB/GYN services or other specialty |
13 | | services at the receiving hospital, with the distribution of |
14 | | funding to be established by rule and with consideration to |
15 | | perinatal hospitals with safe birthing levels and quality |
16 | | metrics for healthy mothers and babies. |
17 | | (Source: P.A. 101-650, eff. 7-7-20.)
|
18 | | Article 110. |
19 | | Section 110-1. Short title. This Article may be cited as |
20 | | the Racial Impact Note Act. |
21 | | Section 110-5. Racial impact note. |
22 | | (a) Every bill which has or could have a disparate impact |
23 | | on racial and ethnic minorities, upon the request of any |
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1 | | member, shall have prepared for it, before second reading in |
2 | | the house of introduction, a brief explanatory statement or |
3 | | note that shall include a reliable estimate of the anticipated |
4 | | impact on those racial and ethnic minorities likely to be |
5 | | impacted by the bill. Each racial impact note must include, |
6 | | for racial and ethnic minorities for which data are available: |
7 | | (i) an estimate of how the proposed legislation would impact |
8 | | racial and ethnic minorities; (ii) a statement of the |
9 | | methodologies and assumptions used in preparing the estimate; |
10 | | (iii) an estimate of the racial and ethnic composition of the |
11 | | population who may be impacted by the proposed legislation, |
12 | | including those persons who may be negatively impacted and |
13 | | those persons who may benefit from the proposed legislation; |
14 | | and (iv) any other matter that a responding agency considers |
15 | | appropriate in relation to the racial and ethnic minorities |
16 | | likely to be affected by the bill. |
17 | | Section 110-10. Preparation. |
18 | | (a) The sponsor of each bill for which a request under |
19 | | Section 110-5 has been made shall present a copy of the bill |
20 | | with the request for a racial impact note to the appropriate |
21 | | responding agency or agencies under subsection (b). The |
22 | | responding agency or agencies shall prepare and submit the |
23 | | note to the sponsor of the bill within 5 calendar days, except |
24 | | that whenever, because of the complexity of the measure, |
25 | | additional time is required for the preparation of the racial |
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1 | | impact note, the responding agency or agencies may inform the |
2 | | sponsor of the bill, and the sponsor may approve an extension |
3 | | of the time within which the note is to be submitted, not to |
4 | | extend, however, beyond June 15, following the date of the |
5 | | request. If, in the opinion of the responding agency or |
6 | | agencies, there is insufficient information to prepare a |
7 | | reliable estimate of the anticipated impact, a statement to |
8 | | that effect can be filed and shall meet the requirements of |
9 | | this Act. |
10 | | (b) If a bill concerns arrests, convictions, or law |
11 | | enforcement, a statement shall be prepared by the Illinois |
12 | | Criminal Justice Information Authority specifying the impact |
13 | | on racial and ethnic minorities. If a bill concerns |
14 | | corrections, sentencing, or the placement of individuals |
15 | | within the Department of Corrections, a statement shall be |
16 | | prepared by the Department of Corrections specifying the |
17 | | impact on racial and ethnic minorities. If a bill concerns |
18 | | local government, a statement shall be prepared by the |
19 | | Department of Commerce and Economic Opportunity specifying the |
20 | | impact on racial and ethnic minorities. If a bill concerns |
21 | | education, one of the following agencies shall prepare a |
22 | | statement specifying the impact on racial and ethnic |
23 | | minorities: (i) the Illinois Community College Board, if the |
24 | | bill affects community colleges; (ii) the Illinois State Board |
25 | | of Education, if the bill affects primary and secondary |
26 | | education; or (iii) the Illinois Board of Higher Education, if |
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1 | | the bill affects State universities. Any other State agency |
2 | | impacted or responsible for implementing all or part of this |
3 | | bill shall prepare a statement of the racial and ethnic impact |
4 | | of the bill as it relates to that agency. |
5 | | Section 110-15. Requisites and contents. The note shall be |
6 | | factual in nature, as brief and concise as may be, and, in |
7 | | addition, it shall include both the immediate effect and, if |
8 | | determinable or reasonably foreseeable, the long range effect |
9 | | of the measure on racial and ethnic minorities. If, after |
10 | | careful investigation, it is determined that such an effect is |
11 | | not ascertainable, the note shall contain a statement to that |
12 | | effect, setting forth the reasons why no ascertainable effect |
13 | | can be given. |
14 | | Section 110-20. Comment or opinion; technical or |
15 | | mechanical defects. No comment or opinion shall be included |
16 | | in the racial impact note with regard to the merits of the |
17 | | measure for which the racial impact note is prepared; however, |
18 | | technical or mechanical defects may be noted.
|
19 | | Section 110-25. Appearance of State officials and |
20 | | employees in support or opposition of measure. The fact that a |
21 | | racial impact note is prepared for any bill shall not preclude |
22 | | or restrict the appearance before any committee of the General |
23 | | Assembly of any official or authorized employee of the |
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1 | | responding agency or agencies, or any other impacted State |
2 | | agency, who desires to be heard in support of or in opposition |
3 | | to the measure. |
4 | | Article 115. |
5 | | Section 115-5. The Illinois Public Aid Code is amended by |
6 | | adding Section 14-14 as follows: |
7 | | (305 ILCS 5/14-14 new) |
8 | | Sec. 14-14. Increasing access to primary care in |
9 | | hospitals. The Department of Healthcare and Family Services |
10 | | shall develop a program to facilitate coordination between |
11 | | Federally Qualified Health Centers (FQHCs) and safety net |
12 | | hospitals, with the goal of increasing care coordination, |
13 | | managing chronic diseases, and addressing the social |
14 | | determinants of health on or before December 31, 2021. |
15 | | Coordination between FQHCs and safety hospitals may include, |
16 | | but is not limited to, embedding FQHC staff in hospitals, |
17 | | utilizing health information technology for care coordination, |
18 | | and enabling FQHCs to connect hospital patients to |
19 | | community-based resources when needed to provide whole-person |
20 | | care. In addition, the Department shall develop a payment |
21 | | methodology to allow FQHCs to provide care coordination |
22 | | services, including, but not limited to, chronic disease |
23 | | management and behavioral health services. The Department of |
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1 | | Healthcare and Family Services shall develop a payment |
2 | | methodology to allow for FQHC care coordination services by no |
3 | | later than December 31, 2021. |
4 | | Article 120. |
5 | | Section 120-5. The Civil Administrative Code of Illinois |
6 | | is amended by changing Section 5-565 as follows:
|
7 | | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
|
8 | | Sec. 5-565. In the Department of Public Health.
|
9 | | (a) The General Assembly declares it to be the public |
10 | | policy of this
State that all residents citizens of Illinois |
11 | | are entitled to lead healthy lives.
Governmental public health |
12 | | has a specific responsibility to ensure that a
public health |
13 | | system is in place to allow the public health mission to be |
14 | | achieved. The public health system is the collection of |
15 | | public, private, and voluntary entities as well as individuals |
16 | | and informal associations that contribute to the public's |
17 | | health within the State. To
develop a public health system |
18 | | requires certain core functions to be performed by
government. |
19 | | The State Board of Health is to assume the leadership role in
|
20 | | advising the Director in meeting the following functions:
|
21 | | (1) Needs assessment.
|
22 | | (2) Statewide health objectives.
|
23 | | (3) Policy development.
|
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1 | | (4) Assurance of access to necessary services.
|
2 | | There shall be a State Board of Health composed of 20 |
3 | | persons,
all of
whom shall be appointed by the Governor, with |
4 | | the advice and consent of the
Senate for those appointed by the |
5 | | Governor on and after June 30, 1998,
and one of whom shall be a
|
6 | | senior citizen age 60 or over. Five members shall be |
7 | | physicians licensed
to practice medicine in all its branches, |
8 | | one representing a medical school
faculty, one who is board |
9 | | certified in preventive medicine, and one who is
engaged in |
10 | | private practice. One member shall be a chiropractic |
11 | | physician. One member shall be a dentist; one an
environmental |
12 | | health practitioner; one a local public health administrator;
|
13 | | one a local board of health member; one a registered nurse; one |
14 | | a physical therapist; one an optometrist; one a
veterinarian; |
15 | | one a public health academician; one a health care industry
|
16 | | representative; one a representative of the business |
17 | | community; one a representative of the non-profit public |
18 | | interest community; and 2 shall be citizens at large.
|
19 | | The terms of Board of Health members shall be 3 years, |
20 | | except that members shall continue to serve on the Board of |
21 | | Health until a replacement is appointed. Upon the effective |
22 | | date of Public Act 93-975 (January 1, 2005) this amendatory |
23 | | Act of the 93rd General Assembly , in the appointment of the |
24 | | Board of Health members appointed to vacancies or positions |
25 | | with terms expiring on or before December 31, 2004, the |
26 | | Governor shall appoint up to 6 members to serve for terms of 3 |
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1 | | years; up to 6 members to serve for terms of 2 years; and up to |
2 | | 5 members to serve for a term of one year, so that the term of |
3 | | no more than 6 members expire in the same year.
All members |
4 | | shall
be legal residents of the State of Illinois. The duties |
5 | | of the Board shall
include, but not be limited to, the |
6 | | following:
|
7 | | (1) To advise the Department of ways to encourage |
8 | | public understanding
and support of the Department's |
9 | | programs.
|
10 | | (2) To evaluate all boards, councils, committees, |
11 | | authorities, and
bodies
advisory to, or an adjunct of, the |
12 | | Department of Public Health or its
Director for the |
13 | | purpose of recommending to the Director one or
more of the |
14 | | following:
|
15 | | (i) The elimination of bodies whose activities
are |
16 | | not consistent with goals and objectives of the |
17 | | Department.
|
18 | | (ii) The consolidation of bodies whose activities |
19 | | encompass
compatible programmatic subjects.
|
20 | | (iii) The restructuring of the relationship |
21 | | between the various
bodies and their integration |
22 | | within the organizational structure of the
Department.
|
23 | | (iv) The establishment of new bodies deemed |
24 | | essential to the
functioning of the Department.
|
25 | | (3) To serve as an advisory group to the Director for
|
26 | | public health emergencies and
control of health hazards.
|
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1 | | (4) To advise the Director regarding public health |
2 | | policy,
and to make health policy recommendations |
3 | | regarding priorities to the
Governor through the Director.
|
4 | | (5) To present public health issues to the Director |
5 | | and to make
recommendations for the resolution of those |
6 | | issues.
|
7 | | (6) To recommend studies to delineate public health |
8 | | problems.
|
9 | | (7) To make recommendations to the Governor through |
10 | | the Director
regarding the coordination of State public |
11 | | health activities with other
State and local public health |
12 | | agencies and organizations.
|
13 | | (8) To report on or before February 1 of each year on |
14 | | the health of the
residents of Illinois to the Governor, |
15 | | the General Assembly, and the
public.
|
16 | | (9) To review the final draft of all proposed |
17 | | administrative rules,
other than emergency or peremptory |
18 | | preemptory rules and those rules that another
advisory |
19 | | body must approve or review within a statutorily defined |
20 | | time
period, of the Department after September 19, 1991 |
21 | | (the effective date of
Public Act
87-633). The Board shall |
22 | | review the proposed rules within 90
days of
submission by |
23 | | the Department. The Department shall take into |
24 | | consideration
any comments and recommendations of the |
25 | | Board regarding the proposed rules
prior to submission to |
26 | | the Secretary of State for initial publication. If
the |
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1 | | Department disagrees with the recommendations of the |
2 | | Board, it shall
submit a written response outlining the |
3 | | reasons for not accepting the
recommendations.
|
4 | | In the case of proposed administrative rules or |
5 | | amendments to
administrative
rules regarding immunization |
6 | | of children against preventable communicable
diseases |
7 | | designated by the Director under the Communicable Disease |
8 | | Prevention
Act, after the Immunization Advisory Committee |
9 | | has made its
recommendations, the Board shall conduct 3 |
10 | | public hearings, geographically
distributed
throughout the |
11 | | State. At the conclusion of the hearings, the State Board |
12 | | of
Health shall issue a report, including its |
13 | | recommendations, to the Director.
The Director shall take |
14 | | into consideration any comments or recommendations made
by |
15 | | the Board based on these hearings.
|
16 | | (10) To deliver to the Governor for presentation to |
17 | | the General Assembly a State Health Assessment (SHA) and a |
18 | | State Health Improvement Plan (SHIP) . The first 5 3 such |
19 | | plans shall be delivered to the Governor on January 1, |
20 | | 2006, January 1, 2009, and January 1, 2016 , January 1, |
21 | | 2021, and June 30, 2022, and then every 5 years |
22 | | thereafter. |
23 | | The State Health Assessment and State Health |
24 | | Improvement Plan Plan shall assess and recommend |
25 | | priorities and strategies to improve the public health |
26 | | system , and the health status of Illinois residents, |
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1 | | reduce health disparities and inequities, and promote |
2 | | health equity. The State Health Assessment and State |
3 | | Health Improvement Plan development and implementation |
4 | | shall conform to national Public Health Accreditation |
5 | | Board Standards. The State Health Assessment and State |
6 | | Health Improvement Plan development and implementation |
7 | | process shall be carried out with the administrative and |
8 | | operational support of the Department of Public Health |
9 | | taking into consideration national health objectives and |
10 | | system standards as frameworks for assessment . |
11 | | The State Health Assessment shall include |
12 | | comprehensive, broad-based data and information from a |
13 | | variety of sources on health status and the public health |
14 | | system including: |
15 | | (i) quantitative data, if it is available, on the |
16 | | demographics and health status of the population, |
17 | | including data over time on health by gender identity, |
18 | | sexual orientation, race, ethnicity, age, |
19 | | socio-economic factors, geographic region, disability |
20 | | status, and other indicators of disparity; |
21 | | (ii) quantitative data on social and structural |
22 | | issues affecting health (social and structural |
23 | | determinants of health), including, but not limited |
24 | | to, housing, transportation, educational attainment, |
25 | | employment, and income inequality; |
26 | | (iii) priorities and strategies developed at the |
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1 | | community level through the Illinois Project for Local |
2 | | Assessment of Needs (IPLAN) and other local and |
3 | | regional community health needs assessments; |
4 | | (iv) qualitative data representing the |
5 | | population's input on health concerns and well-being, |
6 | | including the perceptions of people experiencing |
7 | | disparities and health inequities; |
8 | | (v) information on health disparities and health |
9 | | inequities; and |
10 | | (vi) information on public health system strengths |
11 | | and areas for improvement. |
12 | | The Plan shall also take into consideration priorities |
13 | | and strategies developed at the community level through |
14 | | the Illinois Project for Local Assessment of Needs (IPLAN) |
15 | | and any regional health improvement plans that may be |
16 | | developed.
|
17 | | The State Health Improvement Plan Plan shall focus on |
18 | | prevention , social determinants of health, and promoting |
19 | | health equity as key strategies as a key strategy for |
20 | | long-term health improvement in Illinois. |
21 | | The State Health Improvement Plan Plan shall identify |
22 | | priority State health issues and social issues affecting |
23 | | health, and shall examine and make recommendations on the |
24 | | contributions and strategies of the public and private |
25 | | sectors for improving health status and the public health |
26 | | system in the State. In addition to recommendations on |
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1 | | health status improvement priorities and strategies for |
2 | | the population of the State as a whole, the State Health |
3 | | Improvement Plan Plan shall make recommendations , provided |
4 | | that data exists to support such recommendations, |
5 | | regarding priorities and strategies for reducing and |
6 | | eliminating health disparities and health inequities in |
7 | | Illinois; including racial, ethnic, gender identification , |
8 | | sexual orientation, age, disability, socio-economic , and |
9 | | geographic disparities. The State Health Improvement Plan |
10 | | shall make recommendations regarding social determinants |
11 | | of health, such as housing, transportation, educational |
12 | | attainment, employment, and income inequality. |
13 | | The development and implementation of the State Health |
14 | | Assessment and State Health Improvement Plan shall be a |
15 | | collaborative public-private cross-agency effort overseen |
16 | | by the SHA and SHIP Partnership. The Director of Public |
17 | | Health shall consult with the Governor to ensure |
18 | | participation by the head of State agencies with public |
19 | | health responsibilities (or their designees) in the SHA |
20 | | and SHIP Partnership, including, but not limited to, the |
21 | | Department of Public Health, the Department of Human |
22 | | Services, the Department of Healthcare and Family |
23 | | Services, the Department of Children and Family Services, |
24 | | the Environmental Protection Agency, the Illinois State |
25 | | Board of Education, the Department on Aging, the Illinois |
26 | | Housing Development Authority, the Illinois Criminal |
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1 | | Justice Information Authority, the Department of |
2 | | Agriculture, the Department of Transportation, the |
3 | | Department of Corrections, the Department of Commerce and |
4 | | Economic Opportunity, and the Chair of the State Board of |
5 | | Health to also serve on the Partnership. A member of the |
6 | | Governor's staff shall participate in the Partnership and |
7 | | serve as a liaison to the Governor's office. |
8 | | The Director of the Illinois Department of Public |
9 | | Health shall appoint a minimum of 15 other members of the |
10 | | SHA and SHIP Partnership representing a Planning Team that |
11 | | includes a range of public, private, and voluntary sector |
12 | | stakeholders and participants in the public health system. |
13 | | For the first SHA and SHIP Partnership after the effective |
14 | | date of this amendatory Act of the 102nd General Assembly, |
15 | | one-half of the members shall be appointed for a 3-year |
16 | | term, and one-half of the members shall be appointed for a |
17 | | 5-year term. Subsequently, members shall be appointed to |
18 | | 5-year terms. Should any member not be able to fulfill his |
19 | | or her term, the Director may appoint a replacement to |
20 | | complete that term. The Director, in consultation with the |
21 | | SHA and SHIP Partnership, may engage additional |
22 | | individuals and organizations to serve on subcommittees |
23 | | and ad hoc efforts to conduct the State Health Assessment |
24 | | and develop and implement the State Health Improvement |
25 | | Plan. Members of the SHA and SHIP Partnership shall |
26 | | receive no compensation for serving as members, but may be |
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1 | | reimbursed for their necessary expenses if departmental |
2 | | resources allow. |
3 | | The SHA and SHIP Partnership This Team shall include: |
4 | | the directors of State agencies with public health |
5 | | responsibilities (or their designees), including but not |
6 | | limited to the Illinois Departments of Public Health and |
7 | | Department of Human Services, representatives of local |
8 | | health departments , representatives of local community |
9 | | health partnerships, and individuals with expertise who |
10 | | represent an array of organizations and constituencies |
11 | | engaged in public health improvement and prevention , such |
12 | | as non-profit public interest groups, groups serving |
13 | | populations that experience health disparities and health |
14 | | inequities, groups addressing social determinants of |
15 | | health, health issue groups, faith community groups, |
16 | | health care providers, businesses and employers, academic |
17 | | institutions, and community-based organizations . |
18 | | The Director shall endeavor to make the membership of |
19 | | the Partnership diverse and inclusive of the racial, |
20 | | ethnic, gender, socio-economic, and geographic diversity |
21 | | of the State. The SHA and SHIP Partnership shall be |
22 | | chaired by the Director of Public Health or his or her |
23 | | designee. |
24 | | The SHA and SHIP Partnership shall develop and |
25 | | implement a community engagement process that facilitates |
26 | | input into the development of the State Health Assessment |
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1 | | and State Health Improvement Plan. This engagement process |
2 | | shall ensure that individuals with lived experience in the |
3 | | issues addressed in the State Health Assessment and State |
4 | | Health Improvement Plan are meaningfully engaged in the |
5 | | development and implementation of the State Health |
6 | | Assessment and State Health Improvement Plan. |
7 | | The State Board of Health shall hold at least 3 public |
8 | | hearings addressing a draft of the State Health |
9 | | Improvement Plan drafts of the Plan in representative |
10 | | geographic areas of the State.
Members of the Planning |
11 | | Team shall receive no compensation for their services, but |
12 | | may be reimbursed for their necessary expenses.
|
13 | | Upon the delivery of each State Health Improvement |
14 | | Plan, the Governor shall appoint a SHIP Implementation |
15 | | Coordination Council that includes a range of public, |
16 | | private, and voluntary sector stakeholders and |
17 | | participants in the public health system. The Council |
18 | | shall include the directors of State agencies and entities |
19 | | with public health system responsibilities (or their |
20 | | designees), including but not limited to the Department of |
21 | | Public Health, Department of Human Services, Department of |
22 | | Healthcare and Family Services, Environmental Protection |
23 | | Agency, Illinois State Board of Education, Department on |
24 | | Aging, Illinois Violence Prevention Authority, Department |
25 | | of Agriculture, Department of Insurance, Department of |
26 | | Financial and Professional Regulation, Department of |
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1 | | Transportation, and Department of Commerce and Economic |
2 | | Opportunity and the Chair of the State Board of Health. |
3 | | The Council shall include representatives of local health |
4 | | departments and individuals with expertise who represent |
5 | | an array of organizations and constituencies engaged in |
6 | | public health improvement and prevention, including |
7 | | non-profit public interest groups, health issue groups, |
8 | | faith community groups, health care providers, businesses |
9 | | and employers, academic institutions, and community-based |
10 | | organizations. The Governor shall endeavor to make the |
11 | | membership of the Council representative of the racial, |
12 | | ethnic, gender, socio-economic, and geographic diversity |
13 | | of the State. The Governor shall designate one State |
14 | | agency representative and one other non-governmental |
15 | | member as co-chairs of the Council. The Governor shall |
16 | | designate a member of the Governor's office to serve as |
17 | | liaison to the Council and one or more State agencies to |
18 | | provide or arrange for support to the Council. The members |
19 | | of the SHIP Implementation Coordination Council for each |
20 | | State Health Improvement Plan shall serve until the |
21 | | delivery of the subsequent State Health Improvement Plan, |
22 | | whereupon a new Council shall be appointed. Members of the |
23 | | SHIP Planning Team may serve on the SHIP Implementation |
24 | | Coordination Council if so appointed by the Governor. |
25 | | Upon the delivery of each State Health Assessment and |
26 | | State Health Improvement Plan, the SHA and SHIP |
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1 | | Partnership The SHIP Implementation Coordination Council |
2 | | shall coordinate the efforts and engagement of the public, |
3 | | private, and voluntary sector stakeholders and |
4 | | participants in the public health system to implement each |
5 | | SHIP. The Partnership Council shall serve as a forum for |
6 | | collaborative action; coordinate existing and new |
7 | | initiatives; develop detailed implementation steps, with |
8 | | mechanisms for action; implement specific projects; |
9 | | identify public and private funding sources at the local, |
10 | | State and federal level; promote public awareness of the |
11 | | SHIP; and advocate for the implementation of the SHIP . The |
12 | | SHA and SHIP Partnership shall implement strategies to |
13 | | ensure that individuals and communities affected by health |
14 | | disparities and health inequities are engaged in the |
15 | | process throughout the 5-year cycle. The SHA and SHIP |
16 | | Partnership shall regularly evaluate and update the State |
17 | | Health Assessment and track implementation of the State |
18 | | Health Improvement Plan with revisions as necessary. The |
19 | | SHA and SHIP Partnership shall not have the authority to |
20 | | direct any public or private entity to take specific |
21 | | action to implement the SHIP. ; and develop an annual |
22 | | report to the Governor, General Assembly, and public |
23 | | regarding the status of implementation of the SHIP. The |
24 | | Council shall not, however, have the authority to direct |
25 | | any public or private entity to take specific action to |
26 | | implement the SHIP. |
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1 | | The State Board of Health shall submit a report by |
2 | | January 31 of each year on the status of State Health |
3 | | Improvement Plan implementation and community engagement |
4 | | activities to the Governor, General Assembly, and public. |
5 | | In the fifth year, the report may be consolidated into the |
6 | | new State Health Assessment and State Health Improvement |
7 | | Plan. |
8 | | (11) Upon the request of the Governor, to recommend to |
9 | | the Governor
candidates for Director of Public Health when |
10 | | vacancies occur in the position.
|
11 | | (12) To adopt bylaws for the conduct of its own |
12 | | business, including the
authority to establish ad hoc |
13 | | committees to address specific public health
programs |
14 | | requiring resolution.
|
15 | | (13) (Blank). |
16 | | Upon appointment, the Board shall elect a chairperson from |
17 | | among its
members.
|
18 | | Members of the Board shall receive compensation for their |
19 | | services at the
rate of $150 per day, not to exceed $10,000 per |
20 | | year, as designated by the
Director for each day required for |
21 | | transacting the business of the Board
and shall be reimbursed |
22 | | for necessary expenses incurred in the performance
of their |
23 | | duties. The Board shall meet from time to time at the call of |
24 | | the
Department, at the call of the chairperson, or upon the |
25 | | request of 3 of its
members, but shall not meet less than 4 |
26 | | times per year.
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1 | | (b) (Blank).
|
2 | | (c) An Advisory Board on Necropsy Service to Coroners, |
3 | | which shall
counsel and advise with the Director on the |
4 | | administration of the Autopsy
Act. The Advisory Board shall |
5 | | consist of 11 members, including
a senior citizen age 60 or |
6 | | over, appointed by the Governor, one of
whom shall be |
7 | | designated as chairman by a majority of the members of the
|
8 | | Board. In the appointment of the first Board the Governor |
9 | | shall appoint 3
members to serve for terms of 1 year, 3 for |
10 | | terms of 2 years, and 3 for
terms of 3 years. The members first |
11 | | appointed under Public Act 83-1538 shall serve for a term of 3 |
12 | | years. All members appointed thereafter
shall be appointed for |
13 | | terms of 3 years, except that when an
appointment is made
to |
14 | | fill a vacancy, the appointment shall be for the remaining
|
15 | | term of the position vacant. The members of the Board shall be |
16 | | citizens of
the State of Illinois. In the appointment of |
17 | | members of the Advisory Board
the Governor shall appoint 3 |
18 | | members who shall be persons licensed to
practice medicine and |
19 | | surgery in the State of Illinois, at least 2 of whom
shall have |
20 | | received post-graduate training in the field of pathology; 3
|
21 | | members who are duly elected coroners in this State; and 5 |
22 | | members who
shall have interest and abilities in the field of |
23 | | forensic medicine but who
shall be neither persons licensed to |
24 | | practice any branch of medicine in
this State nor coroners. In |
25 | | the appointment of medical and coroner members
of the Board, |
26 | | the Governor shall invite nominations from recognized medical
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1 | | and coroners organizations in this State respectively. Board |
2 | | members, while
serving on business of the Board, shall receive |
3 | | actual necessary travel and
subsistence expenses while so |
4 | | serving away from their places of residence.
|
5 | | (Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17; |
6 | | revised 7-17-19.)
|
7 | | Article 125. |
8 | | Section 125-1. Short title. This Article may be cited as |
9 | | the Health and Human Services Task Force and Study Act. |
10 | | References in this Article to "this Act" mean this Article. |
11 | | Section 125-5. Findings. The General Assembly finds that:
|
12 | | (1) The State is committed to improving the health and |
13 | | well-being of Illinois residents and families.
|
14 | | (2) According to data collected by the Kaiser |
15 | | Foundation, Illinois had over 905,000 uninsured residents |
16 | | in 2019, with a total uninsured rate of 7.3%. |
17 | | (3) Many Illinois residents and families who have |
18 | | health insurance cannot afford to use it due to high |
19 | | deductibles and cost sharing.
|
20 | | (4) Lack of access to affordable health care services |
21 | | disproportionately affects minority communities |
22 | | throughout the State, leading to poorer health outcomes |
23 | | among those populations.
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1 | | (5) Illinois Medicaid beneficiaries are not receiving |
2 | | the coordinated and effective care they need to support |
3 | | their overall health and well-being.
|
4 | | (6) Illinois has an opportunity to improve the health |
5 | | and well-being of a historically underserved and |
6 | | vulnerable population by providing more coordinated and |
7 | | higher quality care to its Medicaid beneficiaries.
|
8 | | (7) The State of Illinois has a responsibility to help |
9 | | crime victims access justice, assistance, and the support |
10 | | they need to heal.
|
11 | | (8) Research has shown that people who are repeatedly |
12 | | victimized are more likely to face mental health problems |
13 | | such as depression, anxiety, and symptoms related to |
14 | | post-traumatic stress disorder and chronic trauma.
|
15 | | (9) Trauma-informed care has been promoted and |
16 | | established in communities across the country on a |
17 | | bipartisan basis, and numerous federal agencies have |
18 | | integrated trauma-informed approaches into their programs |
19 | | and grants, which should be leveraged by the State of |
20 | | Illinois.
|
21 | | (10) Infants, children, and youth and their families |
22 | | who have experienced or are at risk of experiencing |
23 | | trauma, including those who are low-income, homeless, |
24 | | involved with the child welfare system, involved in the |
25 | | juvenile or adult justice system, unemployed, or not |
26 | | enrolled in or at risk of dropping out of an educational |
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1 | | institution and live in a community that has faced acute |
2 | | or long-term exposure to substantial discrimination, |
3 | | historical oppression, intergenerational poverty, a high |
4 | | rate of violence or drug overdose deaths, should have an |
5 | | opportunity for improved outcomes; this means increasing |
6 | | access to greater opportunities to meet educational, |
7 | | employment, health, developmental, community reentry, |
8 | | permanency from foster care, or other key goals.
|
9 | | Section 125-10. Health and Human Services Task Force. The |
10 | | Health and Human Services Task Force is created within the |
11 | | Department of Human Services to undertake a systematic review |
12 | | of health and human service departments and programs with the |
13 | | goal of improving health and human service outcomes for |
14 | | Illinois residents. |
15 | | Section 125-15. Study.
|
16 | | (1) The Task Force shall review all health and human |
17 | | service departments and programs and make recommendations for |
18 | | achieving a system that will improve interagency |
19 | | interoperability with respect to improving access to |
20 | | healthcare, healthcare disparities, workforce competency and |
21 | | diversity, social determinants of health, and data sharing and |
22 | | collection. These recommendations shall include, but are not |
23 | | limited to, the following elements: |
24 | | (i) impact on infant and maternal mortality;
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1 | | (ii) impact of hospital closures, including safety-net |
2 | | hospitals, on local communities; and
|
3 | | (iii) impact on Medicaid Managed Care Organizations. |
4 | | (2) The Task Force shall review and make recommendations |
5 | | on ways the Medicaid program can partner and cooperate with |
6 | | other agencies, including but not limited to the Department of |
7 | | Agriculture, the Department of Insurance, the Department of |
8 | | Human Services, the Department of Labor, the Environmental |
9 | | Protection Agency, and the Department of Public Health, to |
10 | | better address social determinants of public health, |
11 | | including, but not limited to, food deserts, affordable |
12 | | housing, environmental pollutions, employment, education, and |
13 | | public support services. This shall include a review and |
14 | | recommendations on ways Medicaid and the agencies can share |
15 | | costs related to better health outcomes. |
16 | | (3) The Task Force shall review the current partnership, |
17 | | communication, and cooperation between Federally Qualified |
18 | | Health Centers (FQHCs) and safety-net hospitals in Illinois |
19 | | and make recommendations on public policies that will improve |
20 | | interoperability and cooperations between these entities in |
21 | | order to achieve improved coordinated care and better health |
22 | | outcomes for vulnerable populations in the State. |
23 | | (4) The Task Force shall review and examine public |
24 | | policies affecting trauma and social determinants of health, |
25 | | including trauma-informed care, and make recommendations on |
26 | | ways to improve and integrate trauma-informed approaches into |
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1 | | programs and agencies in the State, including, but not limited |
2 | | to, Medicaid and other health care programs administered by |
3 | | the State, and increase awareness of trauma and its effects on |
4 | | communities across Illinois.
|
5 | | (5) The Task Force shall review and examine the connection |
6 | | between access to education and health outcomes particularly |
7 | | in African American and minority communities and make |
8 | | recommendations on public policies to address any gaps or |
9 | | deficiencies.
|
10 | | Section 125-20. Membership; appointments; meetings; |
11 | | support.
|
12 | | (1) The Task Force shall include representation from both |
13 | | public and private organizations, and its membership shall |
14 | | reflect regional, racial, and cultural diversity to ensure |
15 | | representation of the needs of all Illinois citizens. Task |
16 | | Force members shall include one member appointed by the |
17 | | President of the Senate, one member appointed by the Minority |
18 | | Leader of the Senate, one member appointed by the Speaker of |
19 | | the House of Representatives, one member appointed by the |
20 | | Minority Leader of the House of Representatives, and other |
21 | | members appointed by the Governor. The Governor's appointments |
22 | | shall include, without limitation, the following:
|
23 | | (A) One member of the Senate, appointed by the Senate |
24 | | President, who shall serve as Co-Chair; |
25 | | (B) One member of the House of Representatives, |
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1 | | appointed by the Speaker of the House, who shall serve as |
2 | | Co-Chair; |
3 | | (C) Eight members of the General Assembly representing |
4 | | each of the majority and minority caucuses of each |
5 | | chamber. |
6 | | (D) The Directors or Secretaries of the following |
7 | | State agencies or their designees: |
8 | | (i) Department of Human Services. |
9 | | (ii) Department of Children and Family Services. |
10 | | (iii) Department of Healthcare and Family |
11 | | Services. |
12 | | (iv) State Board of Education. |
13 | | (v) Department on Aging. |
14 | | (vi) Department of Public Health. |
15 | | (vii) Department of Veterans' Affairs. |
16 | | (viii) Department of Insurance. |
17 | | (E) Local government stakeholders and nongovernmental |
18 | | stakeholders with an interest in human services, including |
19 | | representation among the following private-sector fields |
20 | | and constituencies: |
21 | | (i) Early childhood education and development. |
22 | | (ii) Child care. |
23 | | (iii) Child welfare. |
24 | | (iv) Youth services. |
25 | | (v) Developmental disabilities. |
26 | | (vi) Mental health. |
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1 | | (vii) Employment and training. |
2 | | (viii) Sexual and domestic violence. |
3 | | (ix) Alcohol and substance abuse. |
4 | | (x) Local community collaborations among human |
5 | | services programs. |
6 | | (xi) Immigrant services. |
7 | | (xii) Affordable housing. |
8 | | (xiii) Food and nutrition. |
9 | | (xiv) Homelessness. |
10 | | (xv) Older adults. |
11 | | (xvi) Physical disabilities. |
12 | | (xvii) Maternal and child health. |
13 | | (xviii) Medicaid managed care organizations. |
14 | | (xix) Healthcare delivery. |
15 | | (xx) Health insurance. |
16 | | (2) Members shall serve without compensation for the |
17 | | duration of the Task Force. |
18 | | (3) In the event of a vacancy, the appointment to fill the |
19 | | vacancy shall be made in the same manner as the original |
20 | | appointment. |
21 | | (4) The Task Force shall convene within 60 days after the |
22 | | effective date of this Act. The initial meeting of the Task |
23 | | Force shall be convened by the co-chair selected by the |
24 | | Governor. Subsequent meetings shall convene at the call of the |
25 | | co-chairs. The Task Force shall meet on a quarterly basis, or |
26 | | more often if necessary. |
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1 | | (5) The Department of Human Services shall provide |
2 | | administrative support to the Task Force. |
3 | | Section 125-25. Report. The Task Force shall report to the |
4 | | Governor and the General Assembly on the Task Force's progress |
5 | | toward its goals and objectives by June 30, 2021, and every |
6 | | June 30 thereafter. |
7 | | Section 125-30. Transparency. In addition to whatever |
8 | | policies or procedures it may adopt, all operations of the |
9 | | Task Force shall be subject to the provisions of the Freedom of |
10 | | Information Act and the Open Meetings Act. This Section shall |
11 | | not be construed so as to preclude other State laws from |
12 | | applying to the Task Force and its activities. |
13 | | Section 125-40. Repeal. This Article is repealed June 30, |
14 | | 2023. |
15 | | Article 130. |
16 | | Section 130-1. Short title. This Article may be cited as |
17 | | the Anti-Racism Commission Act. References in this Article to |
18 | | "this Act" mean this Article. |
19 | | Section 130-5. Findings. The General Assembly finds and |
20 | | declares all of the following:
|
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1 | | (1) Public health is the science and art of preventing |
2 | | disease, of protecting and improving the health of people, |
3 | | entire populations, and their communities; this work is |
4 | | achieved by promoting healthy lifestyles and choices, |
5 | | researching disease, and preventing injury.
|
6 | | (2) Public health professionals try to prevent |
7 | | problems from happening or recurring through implementing |
8 | | educational programs, recommending policies, |
9 | | administering services, and limiting health disparities |
10 | | through the promotion of equitable and accessible |
11 | | healthcare.
|
12 | | (3) According to the Centers for Disease Control and |
13 | | Prevention, racism and segregation in the State of |
14 | | Illinois have exacerbated a health divide, resulting in |
15 | | Black residents having lower life expectancies than white |
16 | | citizens of this State and being far more likely than |
17 | | other races to die prematurely (before the age of 75) and |
18 | | to die of heart disease or stroke; Black residents of |
19 | | Illinois have a higher level of infant mortality, lower |
20 | | birth weight babies, and are more likely to be overweight |
21 | | or obese as adults, have adult diabetes, and have |
22 | | long-term complications from diabetes that exacerbate |
23 | | other conditions, including the susceptibility to |
24 | | COVID-19.
|
25 | | (4) Black and Brown people are more likely to |
26 | | experience poor health outcomes as a consequence of their |
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1 | | social determinants of health, health inequities stemming |
2 | | from economic instability, education, physical |
3 | | environment, food, and access to health care systems.
|
4 | | (5) Black residents in Illinois are more likely than |
5 | | white residents to experience violence-related trauma as a |
6 | | result of socioeconomic conditions resulting from systemic |
7 | | racism.
|
8 | | (6) Racism is a social system with multiple dimensions |
9 | | in which individual racism is internalized or |
10 | | interpersonal and systemic racism is institutional or |
11 | | structural and is a system of structuring opportunity and |
12 | | assigning value based on the social interpretation of how |
13 | | one looks; this unfairly disadvantages specific |
14 | | individuals and communities, while unfairly giving |
15 | | advantages to other individuals and communities; it saps |
16 | | the strength of the whole society through the waste of |
17 | | human resources.
|
18 | | (7) Racism causes persistent racial discrimination |
19 | | that influences many areas of life, including housing, |
20 | | education, employment, and criminal justice; an emerging |
21 | | body of research demonstrates that racism itself is a |
22 | | social determinant of health.
|
23 | | (8) More than 100 studies have linked racism to worse |
24 | | health outcomes.
|
25 | | (9) The American Public Health Association launched a |
26 | | National Campaign against Racism.
|
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1 | | (10) Public health's responsibilities to address |
2 | | racism include reshaping our discourse and agenda so that |
3 | | we all actively engage in racial justice work.
|
4 | | Section 130-10. Anti-Racism Commission.
|
5 | | (a) The Anti-Racism Commission is hereby created to |
6 | | identify and propose statewide policies to eliminate systemic |
7 | | racism and advance equitable solutions for Black and Brown |
8 | | people in Illinois.
|
9 | | (b) The Anti-Racism Commission shall consist of the |
10 | | following members, who shall serve without compensation:
|
11 | | (1) one member of the House of Representatives, |
12 | | appointed by the Speaker of the House of Representatives, |
13 | | who shall serve as co-chair;
|
14 | | (2) one member of the Senate, appointed by the Senate |
15 | | President, who shall serve as co-chair;
|
16 | | (3) one member of the House of Representatives, |
17 | | appointed by the Minority Leader of the House of |
18 | | Representatives;
|
19 | | (4) one member of the Senate, appointed by the |
20 | | Minority Leader of the Senate;
|
21 | | (5) the Director of Public Health, or his or her |
22 | | designee;
|
23 | | (6) the Chair of the House Black Caucus;
|
24 | | (7) the Chair of the Senate Black Caucus;
|
25 | | (8) the Chair of the Joint Legislative Black Caucus;
|
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1 | | (9) the director of a statewide association |
2 | | representing public health departments, appointed by the |
3 | | Speaker of the House of Representatives; |
4 | | (10) the Chair of the House Latino Caucus;
|
5 | | (11) the Chair of the Senate Latino Caucus;
|
6 | | (12) one community member appointed by the House Black |
7 | | Caucus Chair;
|
8 | | (13) one community member appointed by the Senate |
9 | | Black Caucus Chair;
|
10 | | (14) one community member appointed by the House |
11 | | Latino Caucus Chair; and
|
12 | | (15) one community member appointed by the Senate |
13 | | Latino Caucus Chair.
|
14 | | (c) The Department of Public Health shall provide |
15 | | administrative support for the Commission.
|
16 | | (d) The Commission is charged with, but not limited to, |
17 | | the following tasks:
|
18 | | (1) Working to create an equity and justice-oriented |
19 | | State government.
|
20 | | (2) Assessing the policy and procedures of all State |
21 | | agencies to ensure racial equity is a core element of |
22 | | State government.
|
23 | | (3) Developing and incorporating into the |
24 | | organizational structure of State government a plan for |
25 | | educational efforts to understand, address, and dismantle |
26 | | systemic racism in government actions.
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1 | | (4) Recommending and advocating for policies that |
2 | | improve health in Black and Brown people and support |
3 | | local, State, regional, and federal initiatives that |
4 | | advance efforts to dismantle systemic racism.
|
5 | | (5) Working to build alliances and partnerships with |
6 | | organizations that are confronting racism and encouraging |
7 | | other local, State, regional, and national entities to |
8 | | recognize racism as a public health crisis.
|
9 | | (6) Promoting community engagement, actively engaging |
10 | | citizens on issues of racism and assisting in providing |
11 | | tools to engage actively and authentically with Black and |
12 | | Brown people.
|
13 | | (7) Reviewing all portions of codified State laws |
14 | | through the lens of racial equity.
|
15 | | (8) Working with the Department of Central Management |
16 | | Services to update policies that encourage diversity in |
17 | | human resources, including hiring, board appointments, and |
18 | | vendor selection by agencies, and to review all grant |
19 | | management activities with an eye toward equity and |
20 | | workforce development.
|
21 | | (9) Recommending policies that promote racially |
22 | | equitable economic and workforce development practices.
|
23 | | (10) Promoting and supporting all policies that |
24 | | prioritize the health of all people, especially people of |
25 | | color, by mitigating exposure to adverse childhood |
26 | | experiences and trauma in childhood and ensuring |
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1 | | implementation of health and equity in all policies.
|
2 | | (11) Encouraging community partners and stakeholders |
3 | | in the education, employment, housing, criminal justice, |
4 | | and safety arenas to recognize racism as a public health |
5 | | crisis and to implement policy recommendations.
|
6 | | (12) Identifying clear goals and objectives, including |
7 | | specific benchmarks, to assess progress.
|
8 | | (13) Holding public hearings across Illinois to |
9 | | continue to explore and to recommend needed action by the |
10 | | General Assembly.
|
11 | | (14) Working with the Governor and the General |
12 | | Assembly to identify the necessary funds to support the |
13 | | Anti-Racism Commission and its endeavors.
|
14 | | (15) Identifying resources to allocate to Black and |
15 | | Brown communities on an annual basis.
|
16 | | (16) Encouraging corporate investment in anti-racism |
17 | | policies in Black and Brown communities.
|
18 | | (e) The Commission shall submit its final report to the |
19 | | Governor and the General Assembly no later than December 31, |
20 | | 2021. The Commission is dissolved upon the filing of its |
21 | | report.
|
22 | | Section 130-15. Repeal. This Article is repealed on |
23 | | January 1, 2023. |
24 | | Article 131. |
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1 | | Section 131-1. Short title. This Article may be cited as |
2 | | the Sickle Cell Prevention, Care, and Treatment Program Act. |
3 | | References in this Article to "this Act" mean this Article. |
4 | | Section 131-5. Definitions. As used in this Act: |
5 | | "Department" means the Department of Public Health. |
6 | | "Program" means the Sickle Cell Prevention, Care, and |
7 | | Treatment Program. |
8 | | Section 131-10. Sickle Cell Prevention, Care, and |
9 | | Treatment Program. The Department shall establish a grant |
10 | | program for the purpose of providing for the prevention, care, |
11 | | and treatment of sickle cell disease and for educational |
12 | | programs concerning the disease. |
13 | | Section 131-15. Grants; eligibility standards. |
14 | | (a) The Department shall do the following: |
15 | | (1)(A) Develop application criteria and standards of |
16 | | eligibility for groups
or organizations who apply for |
17 | | funds under the program. |
18 | | (B) Make available grants to groups and organizations |
19 | | who meet
the eligibility standards set by the Department. |
20 | | However: |
21 | | (i) the highest priority for grants shall be |
22 | | accorded to
established sickle cell disease
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1 | | community-based organizations throughout Illinois; and |
2 | | (ii) priority shall also be given to ensuring the
|
3 | | establishment of sickle cell disease centers in |
4 | | underserved
areas that have a higher population of |
5 | | sickle cell disease
patients. |
6 | | (2) Determine the maximum amount available for each |
7 | | grant provided under subparagraph (B) of paragraph (1). |
8 | | (3) Determine policies for the expiration and renewal |
9 | | of grants provided under subparagraph (B) of paragraph |
10 | | (1). |
11 | | (4) Require that all grant funds be used for the |
12 | | purpose of
prevention, care, and treatment of sickle cell |
13 | | disease or
for educational programs concerning the |
14 | | disease.
Grant funds shall be used for one or more of the |
15 | | following purposes: |
16 | | (A) Assisting in the development and expansion of |
17 | | care for the
treatment of individuals with sickle cell |
18 | | disease, particularly
for adults, including the |
19 | | following types of care: |
20 | | (i) Self-administered care. |
21 | | (ii) Preventive care. |
22 | | (iii) Home care. |
23 | | (iv) Other evidence-based medical procedures |
24 | | and
techniques designed to provide maximum control |
25 | | over
sickling episodes typical of occurring to an |
26 | | individual with
the disease. |
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1 | | (B) Increasing access to health care for |
2 | | individuals with sickle cell disease. |
3 | | (C) Establishing additional sickle cell disease |
4 | | infusion centers. |
5 | | (D) Increasing access to mental health resources |
6 | | and pain management therapies for individuals with |
7 | | sickle cell disease. |
8 | | (E) Providing counseling to any individual, at no |
9 | | cost, concerning sickle cell disease and sickle cell |
10 | | trait, and the characteristics, symptoms, and |
11 | | treatment of the disease. |
12 | | (i) The counseling described in this |
13 | | subparagraph (E) may consist of any of the |
14 | | following: |
15 | | (I) Genetic counseling for an individual |
16 | | who tests positive for the sickle cell trait. |
17 | | (II) Psychosocial counseling for an |
18 | | individual who tests positive for sickle cell |
19 | | disease, including any of the following: |
20 | | (aa) Social service counseling. |
21 | | (bb) Psychological counseling. |
22 | | (cc) Psychiatric counseling.
|
23 | | (5) Develop a sickle cell disease educational
outreach |
24 | | program that includes the dissemination of
educational |
25 | | materials to the following concerning sickle cell
disease |
26 | | and sickle cell trait:
|
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1 | | (A) Medical residents. |
2 | | (B) Immigrants. |
3 | | (C) Schools and universities. |
4 | | (6) Adopt any rules necessary to implement the |
5 | | provisions of this Act. |
6 | | (b) The Department may contract with an entity to
|
7 | | implement the sickle cell disease educational outreach program
|
8 | | described in paragraph (5) of subsection (a).
|
9 | | Section 131-20. Sickle Cell Chronic Disease Fund. |
10 | | (a) The Sickle Cell Chronic Disease Fund is
created as a |
11 | | special fund in the State treasury for the purpose of carrying |
12 | | out the provisions of this
Act and for no other
purpose. The |
13 | | Fund shall be administered by the Department.
Expenditures |
14 | | from the Fund shall be subject to appropriation. |
15 | | (b) The Fund shall consist of: |
16 | | (1) Any moneys appropriated to the Department for the |
17 | | Sickle Cell Prevention, Care, and Treatment Program. |
18 | | (2) Gifts, bequests, and other sources of funding. |
19 | | (3) All interest earned on moneys in the Fund.
|
20 | | Section 131-25. Study. |
21 | | (a) Before July 1, 2022, and on a
biennial basis |
22 | | thereafter, the Department, with the assistance
of: |
23 | | (1) the Center for Minority Health Services; |
24 | | (2) health care providers that treat individuals with |
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1 | | sickle cell
disease; |
2 | | (3) individuals diagnosed with sickle cell disease; |
3 | | (4) representatives of community-based organizations |
4 | | that
serve individuals with sickle cell disease; and |
5 | | (5) data collected via newborn screening for sickle |
6 | | cell disease;
|
7 | | shall perform a study to determine the prevalence, impact, and
|
8 | | needs of individuals with sickle cell disease and the sickle |
9 | | cell trait in
Illinois.
|
10 | | (b) The study must include the following: |
11 | | (1) The prevalence, by geographic location, of |
12 | | individuals
diagnosed with sickle cell disease in |
13 | | Illinois. |
14 | | (2) The prevalence, by geographic location, of |
15 | | individuals
diagnosed as sickle cell trait carriers in |
16 | | Illinois. |
17 | | (3) The availability and affordability of screening |
18 | | services in
Illinois for the sickle cell trait.
|
19 | | (4) The location and capacity of the following for the
|
20 | | treatment of sickle cell disease and sickle cell trait |
21 | | carriers:
|
22 | | (A) Treatment centers. |
23 | | (B) Clinics. |
24 | | (C) Community-based social service organizations. |
25 | | (D) Medical specialists.
|
26 | | (5) The unmet medical, psychological, and social needs
|
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1 | | encountered by individuals in Illinois with sickle cell |
2 | | disease. |
3 | | (6) The underserved areas of Illinois for the |
4 | | treatment of
sickle cell disease.
|
5 | | (7) Recommendations for actions to address any |
6 | | shortcomings
in the State identified under this Section. |
7 | | (c) The Department shall submit a report on the study |
8 | | performed
under this Section to the General Assembly. |
9 | | Section 131-30. Implementation subject to appropriation. |
10 | | Implementation of this Act is subject to appropriation. |
11 | | Section 131-90. The State Finance Act is amended by adding |
12 | | Section 5.937 as follows: |
13 | | (30 ILCS 105/5.937 new) |
14 | | Sec. 5.937. The Sickle Cell Chronic Disease Fund. |
15 | | Title VII. Hospital Closure |
16 | | Article 135. |
17 | | Section 135-5. The Illinois Health Facilities Planning Act |
18 | | is amended by changing Sections 4, 5.4, and 8.7 as follows:
|
19 | | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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1 | | (Section scheduled to be repealed on December 31, 2029)
|
2 | | Sec. 4. Health Facilities and Services Review Board; |
3 | | membership; appointment; term;
compensation; quorum. |
4 | | (a) There is created the Health
Facilities and Services |
5 | | Review Board, which
shall perform the functions described in |
6 | | this
Act. The Department shall provide operational support to |
7 | | the Board as necessary, including the provision of office |
8 | | space, supplies, and clerical, financial, and accounting |
9 | | services. The Board may contract for functions or operational |
10 | | support as needed. The Board may also contract with experts |
11 | | related to specific health services or facilities and create |
12 | | technical advisory panels to assist in the development of |
13 | | criteria, standards, and procedures used in the evaluation of |
14 | | applications for permit and exemption.
|
15 | | (b) The State Board shall consist of 11 9 voting members. |
16 | | All members shall be residents of Illinois and at least 4 shall |
17 | | reside outside the Chicago Metropolitan Statistical Area. |
18 | | Consideration shall be given to potential appointees who |
19 | | reflect the ethnic and cultural diversity of the State. |
20 | | Neither Board members nor Board staff shall be convicted |
21 | | felons or have pled guilty to a felony. |
22 | | Each member shall have a reasonable knowledge of the |
23 | | practice, procedures and principles of the health care |
24 | | delivery system in Illinois, including at least 5 members who |
25 | | shall be knowledgeable about health care delivery systems, |
26 | | health systems planning, finance, or the management of health |
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1 | | care facilities currently regulated under the Act. One member |
2 | | shall be a representative of a non-profit health care consumer |
3 | | advocacy organization. One member shall be a representative |
4 | | from the community with experience on the effects of |
5 | | discontinuing health care services or the closure of health |
6 | | care facilities on the surrounding community; provided, |
7 | | however, that all other members of the Board shall be |
8 | | appointed before this member shall be appointed. A spouse, |
9 | | parent, sibling, or child of a Board member cannot be an |
10 | | employee, agent, or under contract with services or facilities |
11 | | subject to the Act. Prior to appointment and in the course of |
12 | | service on the Board, members of the Board shall disclose the |
13 | | employment or other financial interest of any other relative |
14 | | of the member, if known, in service or facilities subject to |
15 | | the Act. Members of the Board shall declare any conflict of |
16 | | interest that may exist with respect to the status of those |
17 | | relatives and recuse themselves from voting on any issue for |
18 | | which a conflict of interest is declared. No person shall be |
19 | | appointed or continue to serve as a member of the State Board |
20 | | who is, or whose spouse, parent, sibling, or child is, a member |
21 | | of the Board of Directors of, has a financial interest in, or |
22 | | has a business relationship with a health care facility. |
23 | | Notwithstanding any provision of this Section to the |
24 | | contrary, the term of
office of each member of the State Board |
25 | | serving on the day before the effective date of this |
26 | | amendatory Act of the 96th General Assembly is abolished on |
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1 | | the date upon which members of the 9-member Board, as |
2 | | established by this amendatory Act of the 96th General |
3 | | Assembly, have been appointed and can begin to take action as a |
4 | | Board.
|
5 | | (c) The State Board shall be appointed by the Governor, |
6 | | with the advice
and consent of the Senate. Not more than 6 5 of |
7 | | the
appointments shall be of the same political party at the |
8 | | time of the appointment.
|
9 | | The Secretary of Human Services, the Director of |
10 | | Healthcare and Family Services, and
the Director of Public |
11 | | Health, or their designated representatives,
shall serve as |
12 | | ex-officio, non-voting members of the State Board.
|
13 | | (d) Of those 9 members initially appointed by the Governor |
14 | | following the effective date of this
amendatory Act of the |
15 | | 96th General Assembly, 3 shall serve for terms expiring
July |
16 | | 1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3 |
17 | | shall serve
for terms expiring July 1, 2013. Thereafter, each
|
18 | | appointed member shall
hold office for a term of 3 years, |
19 | | provided that any member
appointed to fill a vacancy
occurring |
20 | | prior to the expiration of the
term for which his or her |
21 | | predecessor was appointed shall be appointed for the
remainder |
22 | | of such term and the term of office of each successor shall
|
23 | | commence on July 1 of the year in which his predecessor's term |
24 | | expires. Each
member shall hold office until his or her |
25 | | successor is appointed and qualified. The Governor may |
26 | | reappoint a member for additional terms, but no member shall |
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1 | | serve more than 3 terms, subject to review and re-approval |
2 | | every 3 years.
|
3 | | (e) State Board members, while serving on business of the |
4 | | State Board,
shall receive actual and necessary travel and |
5 | | subsistence expenses while
so serving away from their places
|
6 | | of residence. Until March 1, 2010, a
member of the State Board |
7 | | who experiences a significant financial hardship
due to the |
8 | | loss of income on days of attendance at meetings or while |
9 | | otherwise
engaged in the business of the State Board may be |
10 | | paid a hardship allowance, as
determined by and subject to the |
11 | | approval of the Governor's Travel Control
Board.
|
12 | | (f) The Governor shall designate one of the members to |
13 | | serve as the Chairman of the Board, who shall be a person with |
14 | | expertise in health care delivery system planning, finance or |
15 | | management of health care facilities that are regulated under |
16 | | the Act. The Chairman shall annually review Board member |
17 | | performance and shall report the attendance record of each |
18 | | Board member to the General Assembly. |
19 | | (g) The State Board, through the Chairman, shall prepare a |
20 | | separate and distinct budget approved by the General Assembly |
21 | | and shall hire and supervise its own professional staff |
22 | | responsible for carrying out the responsibilities of the |
23 | | Board.
|
24 | | (h) The State Board shall meet at least every 45 days, or |
25 | | as often as
the Chairman of the State Board deems necessary, or |
26 | | upon the request of
a majority of the members.
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1 | | (i) Six
Five members of the State Board shall constitute a |
2 | | quorum.
The affirmative vote of 6 5 of the members of the State |
3 | | Board shall be
necessary for
any action requiring a vote to be |
4 | | taken by the State
Board. A vacancy in the membership of the |
5 | | State Board shall not impair the
right of a quorum to exercise |
6 | | all the rights and perform all the duties of the
State Board as |
7 | | provided by this Act.
|
8 | | (j) A State Board member shall disqualify himself or |
9 | | herself from the
consideration of any application for a permit |
10 | | or
exemption in which the State Board member or the State Board |
11 | | member's spouse,
parent, sibling, or child: (i) has
an |
12 | | economic interest in the matter; or (ii) is employed by, |
13 | | serves as a
consultant for, or is a member of the
governing |
14 | | board of the applicant or a party opposing the application.
|
15 | | (k) The Chairman, Board members, and Board staff must |
16 | | comply with the Illinois Governmental Ethics Act. |
17 | | (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18 .)
|
18 | | (20 ILCS 3960/5.4) |
19 | | (Section scheduled to be repealed on December 31, 2029) |
20 | | Sec. 5.4. Safety Net Impact Statement. |
21 | | (a) General review criteria shall include a requirement |
22 | | that all health care facilities, with the exception of skilled |
23 | | and intermediate long-term care facilities licensed under the |
24 | | Nursing Home Care Act, provide a Safety Net Impact Statement, |
25 | | which shall be filed with an application for a substantive |
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1 | | project or when the application proposes to discontinue a |
2 | | category of service. |
3 | | (b) For the purposes of this Section, "safety net |
4 | | services" are services provided by health care providers or |
5 | | organizations that deliver health care services to persons |
6 | | with barriers to mainstream health care due to lack of |
7 | | insurance, inability to pay, special needs, ethnic or cultural |
8 | | characteristics, or geographic isolation. Safety net service |
9 | | providers include, but are not limited to, hospitals and |
10 | | private practice physicians that provide charity care, |
11 | | school-based health centers, migrant health clinics, rural |
12 | | health clinics, federally qualified health centers, community |
13 | | health centers, public health departments, and community |
14 | | mental health centers. |
15 | | (c) As developed by the applicant, a Safety Net Impact |
16 | | Statement shall describe all of the following: |
17 | | (1) The project's material impact, if any, on |
18 | | essential safety net services in the community, including |
19 | | the impact on racial and health care disparities in the |
20 | | community, to the extent that it is feasible for an |
21 | | applicant to have such knowledge. |
22 | | (2) The project's impact on the ability of another |
23 | | provider or health care system to cross-subsidize safety |
24 | | net services, if reasonably known to the applicant. |
25 | | (3) How the discontinuation of a facility or service |
26 | | might impact the remaining safety net providers in a given |
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1 | | community, if reasonably known by the applicant. |
2 | | (d) Safety Net Impact Statements shall also include all of |
3 | | the following: |
4 | | (1) For the 3 fiscal years prior to the application, a |
5 | | certification describing the amount of charity care |
6 | | provided by the applicant. The amount calculated by |
7 | | hospital applicants shall be in accordance with the |
8 | | reporting requirements for charity care reporting in the |
9 | | Illinois Community Benefits Act. Non-hospital applicants |
10 | | shall report charity care, at cost, in accordance with an |
11 | | appropriate methodology specified by the Board. |
12 | | (2) For the 3 fiscal years prior to the application, a |
13 | | certification of the amount of care provided to Medicaid |
14 | | patients. Hospital and non-hospital applicants shall |
15 | | provide Medicaid information in a manner consistent with |
16 | | the information reported each year to the State Board |
17 | | regarding "Inpatients and Outpatients Served by Payor |
18 | | Source" and "Inpatient and Outpatient Net Revenue by Payor |
19 | | Source" as required by the Board under Section 13 of this |
20 | | Act and published in the Annual Hospital Profile. |
21 | | (3) Any information the applicant believes is directly |
22 | | relevant to safety net services, including information |
23 | | regarding teaching, research, and any other service. |
24 | | (e) The Board staff shall publish a notice, that an |
25 | | application accompanied by a Safety Net Impact Statement has |
26 | | been filed, in a newspaper having general circulation within |
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1 | | the area affected by the application. If no newspaper has a |
2 | | general circulation within the county, the Board shall post |
3 | | the notice in 5 conspicuous places within the proposed area. |
4 | | (f) Any person, community organization, provider, or |
5 | | health system or other entity wishing to comment upon or |
6 | | oppose the application may file a Safety Net Impact Statement |
7 | | Response with the Board, which shall provide additional |
8 | | information concerning a project's impact on safety net |
9 | | services in the community. |
10 | | (g) Applicants shall be provided an opportunity to submit |
11 | | a reply to any Safety Net Impact Statement Response. |
12 | | (h) The State Board Staff Report shall include a statement |
13 | | as to whether a Safety Net Impact Statement was filed by the |
14 | | applicant and whether it included information on charity care, |
15 | | the amount of care provided to Medicaid patients, and |
16 | | information on teaching, research, or any other service |
17 | | provided by the applicant directly relevant to safety net |
18 | | services. The report shall also indicate the names of the |
19 | | parties submitting responses and the number of responses and |
20 | | replies, if any, that were filed.
|
21 | | (Source: P.A. 100-518, eff. 6-1-18 .) |
22 | | (20 ILCS 3960/8.7) |
23 | | (Section scheduled to be repealed on December 31, 2029) |
24 | | Sec. 8.7. Application for permit for discontinuation of a |
25 | | health care facility or category of service; public notice and |
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1 | | public hearing. |
2 | | (a) Upon a finding that an application to close a health |
3 | | care facility or discontinue a category of service is |
4 | | complete, the State Board shall publish a legal notice on 3 |
5 | | consecutive days in a newspaper of general circulation in the |
6 | | area or community to be affected and afford the public an |
7 | | opportunity to request a hearing. If the application is for a |
8 | | facility located in a Metropolitan Statistical Area, an |
9 | | additional legal notice shall be published in a newspaper of |
10 | | limited circulation, if one exists, in the area in which the |
11 | | facility is located. If the newspaper of limited circulation |
12 | | is published on a daily basis, the additional legal notice |
13 | | shall be published on 3 consecutive days. The legal notice |
14 | | shall also be posted on the Health Facilities and Services |
15 | | Review Board's website and sent to the State Representative |
16 | | and State Senator of the district in which the health care |
17 | | facility is located. In addition, the health care facility |
18 | | shall provide notice of closure to the local media that the |
19 | | health care facility would routinely notify about facility |
20 | | events. |
21 | | An application to close a health care facility shall only |
22 | | be deemed complete if it includes evidence that the health |
23 | | care facility provided written notice at least 30 days prior |
24 | | to filing the application of its intent to do so to the |
25 | | municipality in which it is located, the State Representative |
26 | | and State Senator of the district in which the health care |
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1 | | facility is located, the State Board, the Director of Public |
2 | | Health, and the Director of Healthcare and Family Services. |
3 | | The changes made to this subsection by this amendatory Act of |
4 | | the 101st General Assembly shall apply to all applications |
5 | | submitted after the effective date of this amendatory Act of |
6 | | the 101st General Assembly. |
7 | | (b) No later than 30 days after issuance of a permit to |
8 | | close a health care facility or discontinue a category of |
9 | | service, the permit holder shall give written notice of the |
10 | | closure or discontinuation to the State Senator and State |
11 | | Representative serving the legislative district in which the |
12 | | health care facility is located. |
13 | | (c) (1) If there is a pending lawsuit that challenges an |
14 | | application to discontinue a health care facility that either |
15 | | names the Board as a party or alleges fraud in the filing of |
16 | | the application, the Board may defer action on the application |
17 | | for up to 6 months after the date of the initial deferral of |
18 | | the application. |
19 | | (2) The Board may defer action on an application to |
20 | | discontinue a hospital that is pending before the Board as of |
21 | | the effective date of this amendatory Act of the 102nd General |
22 | | Assembly for up to 60 days after the effective date of this |
23 | | amendatory Act of the 102nd General Assembly. |
24 | | (3) The Board may defer taking final action on an |
25 | | application to discontinue a hospital that is filed on or |
26 | | after January 12, 2021, until the earlier to occur of: (i) the |
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1 | | expiration of the statewide disaster declaration proclaimed by |
2 | | the Governor of the State of Illinois due to the COVID-19 |
3 | | pandemic that is in effect on January 12, 2021, or any |
4 | | extension thereof, or July 1, 2021, whichever occurs later; or |
5 | | (ii) the expiration of the declaration of a public health |
6 | | emergency due to the COVID-19 pandemic as declared by the |
7 | | Secretary of the U.S. Department of Health and Human Services |
8 | | that is in effect on January 12, 2021, or any extension |
9 | | thereof, or July 1, 2021, whichever occurs later. This |
10 | | paragraph (3) is repealed as of the date of the expiration of |
11 | | the statewide disaster declaration proclaimed by the Governor |
12 | | of the State of Illinois due to the COVID-19 pandemic that is |
13 | | in effect on January 12, 2021, or any extension thereof, or |
14 | | July 1, 2021, whichever occurs later. |
15 | | (d) The changes made to this Section by this amendatory |
16 | | Act of the 101st General Assembly shall apply to all |
17 | | applications submitted after the effective date of this |
18 | | amendatory Act of the 101st General Assembly.
|
19 | | (Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.) |
20 | | Title VIII. Managed Care Organization Reform |
21 | | Article 150. |
22 | | Section 150-5. The Illinois Public Aid Code is amended by |
23 | | changing Section 5-30.1 as follows: |
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1 | | (305 ILCS 5/5-30.1) |
2 | | Sec. 5-30.1. Managed care protections. |
3 | | (a) As used in this Section: |
4 | | "Managed care organization" or "MCO" means any entity |
5 | | which contracts with the Department to provide services where |
6 | | payment for medical services is made on a capitated basis. |
7 | | "Emergency services" include: |
8 | | (1) emergency services, as defined by Section 10 of |
9 | | the Managed Care Reform and Patient Rights Act; |
10 | | (2) emergency medical screening examinations, as |
11 | | defined by Section 10 of the Managed Care Reform and |
12 | | Patient Rights Act; |
13 | | (3) post-stabilization medical services, as defined by |
14 | | Section 10 of the Managed Care Reform and Patient Rights |
15 | | Act; and |
16 | | (4) emergency medical conditions, as defined by
|
17 | | Section 10 of the Managed Care Reform and Patient Rights
|
18 | | Act. |
19 | | (b) As provided by Section 5-16.12, managed care |
20 | | organizations are subject to the provisions of the Managed |
21 | | Care Reform and Patient Rights Act. |
22 | | (c) An MCO shall pay any provider of emergency services |
23 | | that does not have in effect a contract with the contracted |
24 | | Medicaid MCO. The default rate of reimbursement shall be the |
25 | | rate paid under Illinois Medicaid fee-for-service program |
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1 | | methodology, including all policy adjusters, including but not |
2 | | limited to Medicaid High Volume Adjustments, Medicaid |
3 | | Percentage Adjustments, Outpatient High Volume Adjustments, |
4 | | and all outlier add-on adjustments to the extent such |
5 | | adjustments are incorporated in the development of the |
6 | | applicable MCO capitated rates. |
7 | | (d) An MCO shall pay for all post-stabilization services |
8 | | as a covered service in any of the following situations: |
9 | | (1) the MCO authorized such services; |
10 | | (2) such services were administered to maintain the |
11 | | enrollee's stabilized condition within one hour after a |
12 | | request to the MCO for authorization of further |
13 | | post-stabilization services; |
14 | | (3) the MCO did not respond to a request to authorize |
15 | | such services within one hour; |
16 | | (4) the MCO could not be contacted; or |
17 | | (5) the MCO and the treating provider, if the treating |
18 | | provider is a non-affiliated provider, could not reach an |
19 | | agreement concerning the enrollee's care and an affiliated |
20 | | provider was unavailable for a consultation, in which case |
21 | | the MCO
must pay for such services rendered by the |
22 | | treating non-affiliated provider until an affiliated |
23 | | provider was reached and either concurred with the |
24 | | treating non-affiliated provider's plan of care or assumed |
25 | | responsibility for the enrollee's care. Such payment shall |
26 | | be made at the default rate of reimbursement paid under |
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1 | | Illinois Medicaid fee-for-service program methodology, |
2 | | including all policy adjusters, including but not limited |
3 | | to Medicaid High Volume Adjustments, Medicaid Percentage |
4 | | Adjustments, Outpatient High Volume Adjustments and all |
5 | | outlier add-on adjustments to the extent that such |
6 | | adjustments are incorporated in the development of the |
7 | | applicable MCO capitated rates. |
8 | | (e) The following requirements apply to MCOs in |
9 | | determining payment for all emergency services: |
10 | | (1) MCOs shall not impose any requirements for prior |
11 | | approval of emergency services. |
12 | | (2) The MCO shall cover emergency services provided to |
13 | | enrollees who are temporarily away from their residence |
14 | | and outside the contracting area to the extent that the |
15 | | enrollees would be entitled to the emergency services if |
16 | | they still were within the contracting area. |
17 | | (3) The MCO shall have no obligation to cover medical |
18 | | services provided on an emergency basis that are not |
19 | | covered services under the contract. |
20 | | (4) The MCO shall not condition coverage for emergency |
21 | | services on the treating provider notifying the MCO of the |
22 | | enrollee's screening and treatment within 10 days after |
23 | | presentation for emergency services. |
24 | | (5) The determination of the attending emergency |
25 | | physician, or the provider actually treating the enrollee, |
26 | | of whether an enrollee is sufficiently stabilized for |
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1 | | discharge or transfer to another facility, shall be |
2 | | binding on the MCO. The MCO shall cover emergency services |
3 | | for all enrollees whether the emergency services are |
4 | | provided by an affiliated or non-affiliated provider. |
5 | | (6) The MCO's financial responsibility for |
6 | | post-stabilization care services it has not pre-approved |
7 | | ends when: |
8 | | (A) a plan physician with privileges at the |
9 | | treating hospital assumes responsibility for the |
10 | | enrollee's care; |
11 | | (B) a plan physician assumes responsibility for |
12 | | the enrollee's care through transfer; |
13 | | (C) a contracting entity representative and the |
14 | | treating physician reach an agreement concerning the |
15 | | enrollee's care; or |
16 | | (D) the enrollee is discharged. |
17 | | (f) Network adequacy and transparency. |
18 | | (1) The Department shall: |
19 | | (A) ensure that an adequate provider network is in |
20 | | place, taking into consideration health professional |
21 | | shortage areas and medically underserved areas; |
22 | | (B) publicly release an explanation of its process |
23 | | for analyzing network adequacy; |
24 | | (C) periodically ensure that an MCO continues to |
25 | | have an adequate network in place; and |
26 | | (D) require MCOs, including Medicaid Managed Care |
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1 | | Entities as defined in Section 5-30.2, to meet |
2 | | provider directory requirements under Section 5-30.3 ; |
3 | | and . |
4 | | (E) require MCOs to ensure that any |
5 | | Medicaid-certified provider
under contract with an MCO |
6 | | and previously submitted on a roster on the date of |
7 | | service is
paid for any medically necessary, |
8 | | Medicaid-covered, and authorized service rendered to
|
9 | | any of the MCO's enrollees, regardless of inclusion on
|
10 | | the MCO's published and publicly available directory |
11 | | of
available providers. |
12 | | (2) Each MCO shall confirm its receipt of information |
13 | | submitted specific to physician or dentist additions or |
14 | | physician or dentist deletions from the MCO's provider |
15 | | network within 3 days after receiving all required |
16 | | information from contracted physicians or dentists, and |
17 | | electronic physician and dental directories must be |
18 | | updated consistent with current rules as published by the |
19 | | Centers for Medicare and Medicaid Services or its |
20 | | successor agency. |
21 | | (g) Timely payment of claims. |
22 | | (1) The MCO shall pay a claim within 30 days of |
23 | | receiving a claim that contains all the essential |
24 | | information needed to adjudicate the claim. |
25 | | (2) The MCO shall notify the billing party of its |
26 | | inability to adjudicate a claim within 30 days of |
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1 | | receiving that claim. |
2 | | (3) The MCO shall pay a penalty that is at least equal |
3 | | to the timely payment interest penalty imposed under |
4 | | Section 368a of the Illinois Insurance Code for any claims |
5 | | not timely paid. |
6 | | (A) When an MCO is required to pay a timely payment |
7 | | interest penalty to a provider, the MCO must calculate |
8 | | and pay the timely payment interest penalty that is |
9 | | due to the provider within 30 days after the payment of |
10 | | the claim. In no event shall a provider be required to |
11 | | request or apply for payment of any owed timely |
12 | | payment interest penalties. |
13 | | (B) Such payments shall be reported separately |
14 | | from the claim payment for services rendered to the |
15 | | MCO's enrollee and clearly identified as interest |
16 | | payments. |
17 | | (4)(A) The Department shall require MCOs to expedite |
18 | | payments to providers identified on the Department's |
19 | | expedited provider list, determined in accordance with 89 |
20 | | Ill. Adm. Code 140.71(b), on a schedule at least as |
21 | | frequently as the providers are paid under the |
22 | | Department's fee-for-service expedited provider schedule. |
23 | | (B) Compliance with the expedited provider |
24 | | requirement may be satisfied by an MCO through the use |
25 | | of a Periodic Interim Payment (PIP) program that has |
26 | | been mutually agreed to and documented between the MCO |
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1 | | and the provider, if and the PIP program ensures that |
2 | | any expedited provider receives regular and periodic |
3 | | payments based on prior period payment experience from |
4 | | that MCO. Total payments under the PIP program may be |
5 | | reconciled against future PIP payments on a schedule |
6 | | mutually agreed to between the MCO and the provider. |
7 | | (C) The Department shall share at least monthly |
8 | | its expedited provider list and the frequency with |
9 | | which it pays providers on the expedited list. |
10 | | (g-5) Recognizing that the rapid transformation of the |
11 | | Illinois Medicaid program may have unintended operational |
12 | | challenges for both payers and providers: |
13 | | (1) in no instance shall a medically necessary covered |
14 | | service rendered in good faith, based upon eligibility |
15 | | information documented by the provider, be denied coverage |
16 | | or diminished in payment amount if the eligibility or |
17 | | coverage information available at the time the service was |
18 | | rendered is later found to be inaccurate in the assignment |
19 | | of coverage responsibility between MCOs or the |
20 | | fee-for-service system, except for instances when an |
21 | | individual is deemed to have not been eligible for |
22 | | coverage under the Illinois Medicaid program; and |
23 | | (2) the Department shall, by December 31, 2016, adopt |
24 | | rules establishing policies that shall be included in the |
25 | | Medicaid managed care policy and procedures manual |
26 | | addressing payment resolutions in situations in which a |
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1 | | provider renders services based upon information obtained |
2 | | after verifying a patient's eligibility and coverage plan |
3 | | through either the Department's current enrollment system |
4 | | or a system operated by the coverage plan identified by |
5 | | the patient presenting for services: |
6 | | (A) such medically necessary covered services |
7 | | shall be considered rendered in good faith; |
8 | | (B) such policies and procedures shall be |
9 | | developed in consultation with industry |
10 | | representatives of the Medicaid managed care health |
11 | | plans and representatives of provider associations |
12 | | representing the majority of providers within the |
13 | | identified provider industry; and |
14 | | (C) such rules shall be published for a review and |
15 | | comment period of no less than 30 days on the |
16 | | Department's website with final rules remaining |
17 | | available on the Department's website. |
18 | | The rules on payment resolutions shall include, but not be |
19 | | limited to: |
20 | | (A) the extension of the timely filing period; |
21 | | (B) retroactive prior authorizations; and |
22 | | (C) guaranteed minimum payment rate of no less than |
23 | | the current, as of the date of service, fee-for-service |
24 | | rate, plus all applicable add-ons, when the resulting |
25 | | service relationship is out of network. |
26 | | The rules shall be applicable for both MCO coverage and |
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1 | | fee-for-service coverage. |
2 | | If the fee-for-service system is ultimately determined to |
3 | | have been responsible for coverage on the date of service, the |
4 | | Department shall provide for an extended period for claims |
5 | | submission outside the standard timely filing requirements. |
6 | | (g-6) MCO Performance Metrics Report. |
7 | | (1) The Department shall publish, on at least a |
8 | | quarterly basis, each MCO's operational performance, |
9 | | including, but not limited to, the following categories of |
10 | | metrics: |
11 | | (A) claims payment, including timeliness and |
12 | | accuracy; |
13 | | (B) prior authorizations; |
14 | | (C) grievance and appeals; |
15 | | (D) utilization statistics; |
16 | | (E) provider disputes; |
17 | | (F) provider credentialing; and |
18 | | (G) member and provider customer service. |
19 | | (2) The Department shall ensure that the metrics |
20 | | report is accessible to providers online by January 1, |
21 | | 2017. |
22 | | (3) The metrics shall be developed in consultation |
23 | | with industry representatives of the Medicaid managed care |
24 | | health plans and representatives of associations |
25 | | representing the majority of providers within the |
26 | | identified industry. |
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1 | | (4) Metrics shall be defined and incorporated into the |
2 | | applicable Managed Care Policy Manual issued by the |
3 | | Department. |
4 | | (g-7) MCO claims processing and performance analysis. In |
5 | | order to monitor MCO payments to hospital providers, pursuant |
6 | | to this amendatory Act of the 100th General Assembly, the |
7 | | Department shall post an analysis of MCO claims processing and |
8 | | payment performance on its website every 6 months. Such |
9 | | analysis shall include a review and evaluation of a |
10 | | representative sample of hospital claims that are rejected and |
11 | | denied for clean and unclean claims and the top 5 reasons for |
12 | | such actions and timeliness of claims adjudication, which |
13 | | identifies the percentage of claims adjudicated within 30, 60, |
14 | | 90, and over 90 days, and the dollar amounts associated with |
15 | | those claims. The Department shall post the contracted claims |
16 | | report required by HealthChoice Illinois on its website every |
17 | | 3 months. |
18 | | (g-8) Dispute resolution process. The Department shall |
19 | | maintain a provider complaint portal through which a provider |
20 | | can submit to the Department unresolved disputes with an MCO. |
21 | | An unresolved dispute means an MCO's decision that denies in |
22 | | whole or in part a claim for reimbursement to a provider for |
23 | | health care services rendered by the provider to an enrollee |
24 | | of the MCO with which the provider disagrees. Disputes shall |
25 | | not be submitted to the portal until the provider has availed |
26 | | itself of the MCO's internal dispute resolution process. |
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1 | | Disputes that are submitted to the MCO internal dispute |
2 | | resolution process may be submitted to the Department of |
3 | | Healthcare and Family Services' complaint portal no sooner |
4 | | than 30 days after submitting to the MCO's internal process |
5 | | and not later than 30 days after the unsatisfactory resolution |
6 | | of the internal MCO process or 60 days after submitting the |
7 | | dispute to the MCO internal process. Multiple claim disputes |
8 | | involving the same MCO may be submitted in one complaint, |
9 | | regardless of whether the claims are for different enrollees, |
10 | | when the specific reason for non-payment of the claims |
11 | | involves a common question of fact or policy. Within 10 |
12 | | business days of receipt of a complaint, the Department shall |
13 | | present such disputes to the appropriate MCO, which shall then |
14 | | have 30 days to issue its written proposal to resolve the |
15 | | dispute. The Department may grant one 30-day extension of this |
16 | | time frame to one of the parties to resolve the dispute. If the |
17 | | dispute remains unresolved at the end of this time frame or the |
18 | | provider is not satisfied with the MCO's written proposal to |
19 | | resolve the dispute, the provider may, within 30 days, request |
20 | | the Department to review the dispute and make a final |
21 | | determination. Within 30 days of the request for Department |
22 | | review of the dispute, both the provider and the MCO shall |
23 | | present all relevant information to the Department for |
24 | | resolution and make individuals with knowledge of the issues |
25 | | available to the Department for further inquiry if needed. |
26 | | Within 30 days of receiving the relevant information on the |
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1 | | dispute, or the lapse of the period for submitting such |
2 | | information, the Department shall issue a written decision on |
3 | | the dispute based on contractual terms between the provider |
4 | | and the MCO, contractual terms between the MCO and the |
5 | | Department of Healthcare and Family Services and applicable |
6 | | Medicaid policy. The decision of the Department shall be |
7 | | final. By January 1, 2020, the Department shall establish by |
8 | | rule further details of this dispute resolution process. |
9 | | Disputes between MCOs and providers presented to the |
10 | | Department for resolution are not contested cases, as defined |
11 | | in Section 1-30 of the Illinois Administrative Procedure Act, |
12 | | conferring any right to an administrative hearing. |
13 | | (g-9)(1) The Department shall publish annually on its |
14 | | website a report on the calculation of each managed care |
15 | | organization's medical loss ratio showing the following: |
16 | | (A) Premium revenue, with appropriate adjustments. |
17 | | (B) Benefit expense, setting forth the aggregate |
18 | | amount spent for the following: |
19 | | (i) Direct paid claims. |
20 | | (ii) Subcapitation payments. |
21 | | (iii)
Other claim payments. |
22 | | (iv)
Direct reserves. |
23 | | (v)
Gross recoveries. |
24 | | (vi)
Expenses for activities that improve health |
25 | | care quality as allowed by the Department. |
26 | | (2) The medical loss ratio shall be calculated consistent |
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1 | | with federal law and regulation following a claims runout |
2 | | period determined by the Department. |
3 | | (g-10)(1) "Liability effective date" means the date on |
4 | | which an MCO becomes responsible for payment for medically |
5 | | necessary and covered services rendered by a provider to one |
6 | | of its enrollees in accordance with the contract terms between |
7 | | the MCO and the provider. The liability effective date shall |
8 | | be the later of: |
9 | | (A) The execution date of a network participation |
10 | | contract agreement. |
11 | | (B) The date the provider or its representative |
12 | | submits to the MCO the complete and accurate standardized |
13 | | roster form for the provider in the format approved by the |
14 | | Department. |
15 | | (C) The provider effective date contained within the |
16 | | Department's provider enrollment subsystem within the |
17 | | Illinois Medicaid Program Advanced Cloud Technology |
18 | | (IMPACT) System. |
19 | | (2) The standardized roster form may be submitted to the |
20 | | MCO at the same time that the provider submits an enrollment |
21 | | application to the Department through IMPACT. |
22 | | (3) By October 1, 2019, the Department shall require all |
23 | | MCOs to update their provider directory with information for |
24 | | new practitioners of existing contracted providers within 30 |
25 | | days of receipt of a complete and accurate standardized roster |
26 | | template in the format approved by the Department provided |
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1 | | that the provider is effective in the Department's provider |
2 | | enrollment subsystem within the IMPACT system. Such provider |
3 | | directory shall be readily accessible for purposes of |
4 | | selecting an approved health care provider and comply with all |
5 | | other federal and State requirements. |
6 | | (g-11) The Department shall work with relevant |
7 | | stakeholders on the development of operational guidelines to |
8 | | enhance and improve operational performance of Illinois' |
9 | | Medicaid managed care program, including, but not limited to, |
10 | | improving provider billing practices, reducing claim |
11 | | rejections and inappropriate payment denials, and |
12 | | standardizing processes, procedures, definitions, and response |
13 | | timelines, with the goal of reducing provider and MCO |
14 | | administrative burdens and conflict. The Department shall |
15 | | include a report on the progress of these program improvements |
16 | | and other topics in its Fiscal Year 2020 annual report to the |
17 | | General Assembly. |
18 | | (g-12) Notwithstanding any other provision of law, if the
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19 | | Department or an MCO requires submission of a claim for |
20 | | payment
in a non-electronic format, a provider shall always be |
21 | | afforded
a period of no less than 90 business days, as a |
22 | | correction
period, following any notification of rejection by |
23 | | either the
Department or the MCO to correct errors or |
24 | | omissions in the
original submission. |
25 | | Under no circumstances, either by an MCO or under the
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26 | | State's fee-for-service system, shall a provider be denied
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1 | | payment for failure to comply with any timely submission
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2 | | requirements under this Code or under any existing contract,
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3 | | unless the non-electronic format claim submission occurs after
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4 | | the initial 180 days following the latest date of service on
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5 | | the claim, or after the 90 business days correction period
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6 | | following notification to the provider of rejection or denial
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7 | | of payment. |
8 | | (h) The Department shall not expand mandatory MCO |
9 | | enrollment into new counties beyond those counties already |
10 | | designated by the Department as of June 1, 2014 for the |
11 | | individuals whose eligibility for medical assistance is not |
12 | | the seniors or people with disabilities population until the |
13 | | Department provides an opportunity for accountable care |
14 | | entities and MCOs to participate in such newly designated |
15 | | counties. |
16 | | (i) The requirements of this Section apply to contracts |
17 | | with accountable care entities and MCOs entered into, amended, |
18 | | or renewed after June 16, 2014 (the effective date of Public |
19 | | Act 98-651).
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20 | | (j) Health care information released to managed care |
21 | | organizations. A health care provider shall release to a |
22 | | Medicaid managed care organization, upon request, and subject |
23 | | to the Health Insurance Portability and Accountability Act of |
24 | | 1996 and any other law applicable to the release of health |
25 | | information, the health care information of the MCO's |
26 | | enrollee, if the enrollee has completed and signed a general |
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1 | | release form that grants to the health care provider |
2 | | permission to release the recipient's health care information |
3 | | to the recipient's insurance carrier. |
4 | | (k) The Department of Healthcare and Family Services, |
5 | | managed care organizations, a statewide organization |
6 | | representing hospitals, and a statewide organization |
7 | | representing safety-net hospitals shall explore ways to |
8 | | support billing departments in safety-net hospitals. |
9 | | (l) The requirements of this Section added by this
|
10 | | amendatory Act of the 102nd General Assembly shall apply to
|
11 | | services provided on or after the first day of the month that
|
12 | | begins 60 days after the effective date of this amendatory Act
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13 | | of the 102nd General Assembly. |
14 | | (Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18; |
15 | | 100-587, eff. 6-4-18; 101-209, eff. 8-5-19.) |
16 | | Article 155. |
17 | | Section 155-5. The Illinois Public Aid Code is amended by |
18 | | adding Section 5-30.17 as follows: |
19 | | (305 ILCS 5/5-30.17 new) |
20 | | Sec. 5-30.17. Medicaid Managed Care Oversight Commission. |
21 | | (a) The Medicaid Managed Care Oversight Commission is |
22 | | created within the Department of Healthcare and Family |
23 | | Services to evaluate the effectiveness of Illinois' managed |
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1 | | care program. |
2 | | (b) The Commission shall consist of the following members: |
3 | | (1) One member of the Senate, appointed by the Senate |
4 | | President, who shall serve as co-chair. |
5 | | (2) One member of the House of Representatives, |
6 | | appointed by the Speaker of the House of Representatives, |
7 | | who shall serve as co-chair. |
8 | | (3) One member of the House of Representatives, |
9 | | appointed by the Minority Leader of the House of |
10 | | Representatives. |
11 | | (4) One member of the Senate, appointed by the Senate |
12 | | Minority Leader. |
13 | | (5) One member representing the Department of |
14 | | Healthcare and Family Services, appointed by the Governor. |
15 | | (6) One member representing the Department of Public |
16 | | Health, appointed by the Governor. |
17 | | (7) One member representing the Department of Human |
18 | | Services, appointed by the Governor. |
19 | | (8) One member representing the Department of Children |
20 | | and Family Services, appointed by the Governor. |
21 | | (9) One member of a statewide association representing |
22 | | Medicaid managed care plans, appointed by the Governor. |
23 | | (10) One member of a statewide association |
24 | | representing a majority of hospitals, appointed by the |
25 | | Governor. |
26 | | (11) Two academic experts on Medicaid managed care |
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1 | | programs, appointed by the Governor. |
2 | | (12) One member of a statewide association |
3 | | representing primary care providers, appointed by the |
4 | | Governor. |
5 | | (13) One member of a statewide association |
6 | | representing behavioral health providers, appointed by the |
7 | | Governor. |
8 | | (14) Members representing Federally
Qualified Health |
9 | | Centers, a long-term care association, a dental |
10 | | association, pharmacies, pharmacists, a developmental |
11 | | disability association, a Medicaid consumer advocate, a |
12 | | Medicaid consumer, an association representing physicians, |
13 | | a behavioral health association, and an association |
14 | | representing pediatricians, appointed by the Governor. |
15 | | (15) A member of a statewide association representing |
16 | | only safety-net hospitals, appointed by the Governor. |
17 | | (c) The Director of Healthcare and Family Services and |
18 | | chief of staff, or their designees, shall serve as the |
19 | | Commission's executive administrators in providing |
20 | | administrative support, research support, and other |
21 | | administrative tasks requested by the Commission's co-chairs. |
22 | | Any expenses, including, but not limited to, travel and |
23 | | housing, shall be paid for by the Department's existing |
24 | | budget. |
25 | | (d) The members of the Commission shall receive no |
26 | | compensation for their services as members of the Commission. |
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1 | | (e) The Commission shall meet quarterly beginning as soon |
2 | | as is practicable after the effective date of this amendatory |
3 | | Act of the 102nd General Assembly. |
4 | | (f) The Commission shall: |
5 | | (1) review data on health outcomes of Medicaid managed |
6 | | care members; |
7 | | (2) review current care coordination and case |
8 | | management efforts and make recommendations on expanding |
9 | | care coordination to additional populations with a focus |
10 | | on the social determinants of health; |
11 | | (3) review and assess the appropriateness of metrics |
12 | | used in the Pay-for-Performance programs; |
13 | | (4) review the Department's prior authorization and |
14 | | utilization management requirements and recommend |
15 | | adaptations for the Medicaid population; |
16 | | (5) review managed care performance in meeting |
17 | | diversity contracting goals and the use of funds dedicated |
18 | | to meeting such goals, including, but not limited to, |
19 | | contracting requirements set forth in the Business |
20 | | Enterprise for Minorities, Women, and Persons with |
21 | | Disabilities Act; recommend strategies to increase |
22 | | compliance with diversity contracting goals in |
23 | | collaboration with the Chief Procurement Officer for |
24 | | General Services and the Business Enterprise Council for |
25 | | Minorities, Women, and Persons with Disabilities; and |
26 | | recoup any misappropriated funds for diversity |
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1 | | contracting; |
2 | | (6) review data on the effectiveness of processing to |
3 | | medical providers; |
4 | | (7) review member access to health care services in |
5 | | the Medicaid Program, including specialty care services; |
6 | | (8) review value-based and other alternative payment |
7 | | methodologies to make recommendations to enhance program |
8 | | efficiency and improve health outcomes; |
9 | | (9) review the compliance of all managed care entities |
10 | | in State contracts and recommend reasonable financial |
11 | | penalties for any noncompliance; |
12 | | (10) produce an annual report detailing the |
13 | | Commission's findings based upon its review of research |
14 | | conducted under this Section, including specific |
15 | | recommendations, if any, and any other information the |
16 | | Commission may deem proper in furtherance of its duties |
17 | | under this Section; |
18 | | (11) review provider availability and make |
19 | | recommendations to increase providers where needed, |
20 | | including reviewing the regulatory environment and making |
21 | | recommendations for reforms; |
22 | | (12) review capacity for culturally competent |
23 | | services, including translation services among providers; |
24 | | and |
25 | | (13) review and recommend changes to the safety-net |
26 | | hospital definition to create different classifications of |
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1 | | safety-net hospitals. |
2 | | (f-5) The Department shall make available upon request the |
3 | | analytics of Medicaid managed care clearinghouse data |
4 | | regarding processing. |
5 | | (g) Beginning January 1, 2022, and for each year |
6 | | thereafter, the Commission shall submit a report of its |
7 | | findings and recommendations to the General Assembly. The |
8 | | report to the General Assembly shall be filed with the Clerk of |
9 | | the House of Representatives and the Secretary of the Senate |
10 | | in electronic form only, in the manner that the Clerk and the |
11 | | Secretary shall direct. |
12 | | Article 160. |
13 | | Section 160-5. The State Finance Act is amended by adding |
14 | | Sections 5.935 and 6z-124 as follows: |
15 | | (30 ILCS 105/5.935 new) |
16 | | Sec. 5.935. The Managed Care Oversight Fund. |
17 | | (30 ILCS 105/6z-124 new) |
18 | | Sec. 6z-124. Managed Care Oversight Fund. The Managed Care |
19 | | Oversight Fund is created as a special fund in the State |
20 | | treasury. Subject to appropriation, available annual moneys in |
21 | | the Fund shall be used by the Department of Healthcare and |
22 | | Family Services to support contracting with women and |
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1 | | minority-owned businesses as part of the Department's Business |
2 | | Enterprise Program requirements. The Department shall |
3 | | prioritize contracts for care coordination services, workforce |
4 | | development, and other services that support the Department's |
5 | | mission to promote health equity. Funds may not be used for any |
6 | | administrative costs of the Department. |
7 | | Article 170. |
8 | | Section 170-5. The Illinois Public Aid Code is amended by |
9 | | adding Section 5-30.16 as follows: |
10 | | (305 ILCS 5/5-30.16 new) |
11 | | Sec. 5-30.16. Medicaid Business Opportunity Commission. |
12 | | (a) The Medicaid Business Opportunity Commission is
|
13 | | created within the Department of Healthcare and Family |
14 | | Services
to develop a program to support and grow minority, |
15 | | women, and persons with disability owned businesses. |
16 | | (b) The Commission shall consist of the following members: |
17 | | (1) Two members appointed by the Illinois Legislative |
18 | | Black Caucus. |
19 | | (2) Two members appointed by the Illinois Legislative |
20 | | Latino Caucus. |
21 | | (3) Two members appointed by the Conference of Women |
22 | | Legislators of the Illinois General Assembly. |
23 | | (4) Two members representing a statewide Medicaid |
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1 | | health plan association, appointed by the Governor. |
2 | | (5) One member representing the Department of |
3 | | Healthcare and Family Services, appointed by the Governor. |
4 | | (6) Three members representing businesses currently |
5 | | registered with the Business Enterprise Program, appointed |
6 | | by the Governor. |
7 | | (7) One member representing the disability community, |
8 | | appointed by the Governor. |
9 | | (8) One member representing the Business Enterprise |
10 | | Council, appointed by the Governor. |
11 | | (c) The Director of Healthcare and Family Services and |
12 | | chief of staff, or their designees, shall serve as the |
13 | | Commission's executive administrators in providing |
14 | | administrative support, research support, and other |
15 | | administrative tasks requested by the Commission's co-chairs. |
16 | | Any expenses, including, but not limited to, travel and |
17 | | housing, shall be paid for by the Department's existing |
18 | | budget. |
19 | | (d) The members of the Commission shall receive no |
20 | | compensation for their services as members of the Commission. |
21 | | (e) The members of the Commission shall designate |
22 | | co-chairs of the Commission to lead their efforts at the first |
23 | | meeting of the Commission. |
24 | | (f) The Commission shall meet at least monthly beginning |
25 | | as soon as is practicable after the effective date of this |
26 | | amendatory Act of the 102nd General Assembly. |
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1 | | (g) The Commission shall: |
2 | | (1) Develop a recommendation on a Medicaid Business |
3 | | Opportunity Program for Minority, Women, and Persons with |
4 | | Disability Owned business contracting requirements to be |
5 | | included in the contracts between the Department of |
6 | | Healthcare and Family Services and the Managed Care |
7 | | entities for the provision of Medicaid Services. |
8 | | (2) Make recommendations on the process by which |
9 | | vendors or providers would be certified as eligible to be |
10 | | included in the program and appropriate eligibility |
11 | | standards relative to the healthcare industry. |
12 | | (3) Make a recommendation on whether to include not |
13 | | for profit organizations, diversity councils, or diversity |
14 | | chambers as eligible for certification. |
15 | | (4) Make a recommendation on whether diverse staff |
16 | | shall be considered within the goals set for managed care |
17 | | entities. |
18 | | (5) Make a recommendation on whether a new platform |
19 | | for certification is necessary to administer this program |
20 | | or if the existing platform for the Business Enterprise |
21 | | Program is capable of including recommended changes coming |
22 | | from this Commission. |
23 | | (6) Make a recommendation on the ongoing activity of |
24 | | the Commission including structure, frequency of meetings, |
25 | | and agendas to ensure ongoing oversight of the program by |
26 | | the Commission. |
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1 | | (h) The Commission shall provide recommendations to the |
2 | | Department and the General assembly by April 15, 2021 in order |
3 | | to ensure prompt implementation of the Medicaid Business |
4 | | Opportunity Program. |
5 | | (i) Beginning January 1, 2022, and for each year |
6 | | thereafter, the Commission shall submit a report of its |
7 | | findings and recommendations to the General Assembly. The |
8 | | report to the General Assembly shall be filed with the Clerk of |
9 | | the House of Representatives and the Secretary of the Senate |
10 | | in electronic form only, in the manner that the Clerk and the |
11 | | Secretary shall direct. |
12 | | Article 172. |
13 | | Section 172-5. The Illinois Public Aid Code is amended by |
14 | | changing Section 14-13 as follows: |
15 | | (305 ILCS 5/14-13) |
16 | | Sec. 14-13. Reimbursement for inpatient stays extended |
17 | | beyond medical necessity. |
18 | | (a) By October 1, 2019, the Department shall by rule |
19 | | implement a methodology effective for dates of service July 1, |
20 | | 2019 and later to reimburse hospitals for inpatient stays |
21 | | extended beyond medical necessity due to the inability of the |
22 | | Department or the managed care organization in which a |
23 | | recipient is enrolled or the hospital discharge planner to |
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1 | | find an appropriate placement after discharge from the |
2 | | hospital. The Department shall evaluate the effectiveness of |
3 | | the current reimbursement rate for inpatient hospital stays |
4 | | beyond medical necessity. |
5 | | (b) The methodology shall provide reasonable compensation |
6 | | for the services provided attributable to the days of the |
7 | | extended stay for which the prevailing rate methodology |
8 | | provides no reimbursement. The Department may use a day |
9 | | outlier program to satisfy this requirement. The reimbursement |
10 | | rate shall be set at a level so as not to act as an incentive |
11 | | to avoid transfer to the appropriate level of care needed or |
12 | | placement, after discharge. |
13 | | (c) The Department shall require managed care |
14 | | organizations to adopt this methodology or an alternative |
15 | | methodology that pays at least as much as the Department's |
16 | | adopted methodology unless otherwise mutually agreed upon |
17 | | contractual language is developed by the provider and the |
18 | | managed care organization for a risk-based or innovative |
19 | | payment methodology. |
20 | | (d) Days beyond medical necessity shall not be eligible |
21 | | for per diem add-on payments under the Medicaid High Volume |
22 | | Adjustment (MHVA) or the Medicaid Percentage Adjustment (MPA) |
23 | | programs. |
24 | | (e) For services covered by the fee-for-service program, |
25 | | reimbursement under this Section shall only be made for days |
26 | | beyond medical necessity that occur after the hospital has |
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1 | | notified the Department of the need for post-discharge |
2 | | placement. For services covered by a managed care |
3 | | organization, hospitals shall notify the appropriate managed |
4 | | care organization of an admission within 24 hours of |
5 | | admission. For every 24-hour period beyond the initial 24 |
6 | | hours after admission that the hospital fails to notify the |
7 | | managed care organization of the admission, reimbursement |
8 | | under this subsection shall be reduced by one day.
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9 | | (Source: P.A. 101-209, eff. 8-5-19.) |
10 | | Title IX. Maternal and Infant Mortality |
11 | | Article 175. |
12 | | Section 175-5. The Illinois Public Aid Code is amended by |
13 | | adding Section 5-18.5 as follows: |
14 | | (305 ILCS 5/5-18.5 new) |
15 | | Sec. 5-18.5. Perinatal doula and evidence-based home |
16 | | visiting services. |
17 | | (a) As used in this Section: |
18 | | "Home visiting" means a voluntary, evidence-based strategy |
19 | | used to support pregnant people, infants, and young children |
20 | | and their caregivers to promote infant, child, and maternal |
21 | | health, to foster educational development and school |
22 | | readiness, and to help prevent child abuse and neglect. Home |
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1 | | visitors are trained professionals whose visits and activities |
2 | | focus on promoting strong parent-child attachment to foster |
3 | | healthy child development. |
4 | | "Perinatal doula" means a trained provider who provides |
5 | | regular, voluntary physical, emotional, and educational |
6 | | support, but not medical or midwife care, to pregnant and |
7 | | birthing persons before, during, and after childbirth, |
8 | | otherwise known as the perinatal period. |
9 | | "Perinatal doula training" means any doula training that |
10 | | focuses on providing support throughout the prenatal, labor |
11 | | and delivery, or postpartum period, and reflects the type of |
12 | | doula care that the doula seeks to provide. |
13 | | (b) Notwithstanding any other provision of this Article, |
14 | | perinatal doula services and evidence-based home visiting |
15 | | services shall be covered under the medical assistance |
16 | | program, subject to appropriation, for persons who are |
17 | | otherwise eligible for medical assistance under this Article. |
18 | | Perinatal doula services include regular visits beginning in |
19 | | the prenatal period and continuing into the postnatal period, |
20 | | inclusive of continuous support during labor and delivery, |
21 | | that support healthy pregnancies and positive birth outcomes. |
22 | | Perinatal doula services may be embedded in an existing |
23 | | program, such as evidence-based home visiting. Perinatal doula |
24 | | services provided during the prenatal period may be provided |
25 | | weekly, services provided during the labor and delivery period |
26 | | may be provided for the entire duration of labor and the time |
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1 | | immediately following birth, and services provided during the |
2 | | postpartum period may be provided up to 12 months postpartum. |
3 | | (c) The Department of Healthcare and Family Services shall |
4 | | adopt rules to administer this Section. In this rulemaking, |
5 | | the Department shall consider the expertise of and consult |
6 | | with doula program experts, doula training providers, |
7 | | practicing doulas, and home visiting experts, along with State |
8 | | agencies implementing perinatal doula services and relevant |
9 | | bodies under the Illinois Early Learning Council. This body of |
10 | | experts shall inform the Department on the credentials |
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