102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0159

 

Introduced 1/22/2021, by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Community Health Worker Certification and Reimbursement Act. Amends various Acts regarding medical staff credentials; electronic posters and signs; N95 masks; Legionella bacteria testing; continuing education on implicit bias awareness; overdoses; the Prescription Monitoring Program; a dementia training program; taxation of blood sugar testing materials; funding of safety-net hospitals; a Child Care Assistance Program Eligibility Calculator; managed care organizations; Federally Qualified Health Centers; care coordination; billing; the Medicaid Business Opportunity Commission; reimbursement rates; doula services; personal care of family members; the State Health Assessment; the State Health Improvement Plan; child care training; and a Medicaid Managed Care Oversight Commission. Creates the Behavioral Health Workforce Education Center of Illinois Act. Creates the Underlying Causes of Crime and Violence Study Act. Creates the Special Commission on Gynecologic Cancer Act. Creates the Racial Impact Note Act to require the estimate of the impact on racial and ethnic minorities of certain bills. Creates the Health and Human Services Task Force and Study Act to review health and human service departments and programs. Creates the Anti-Racism Commission Act concerning elimination of systemic racism. Creates the Sickle Cell Prevention, Care, and Treatment Program Act regarding programs and other matters. Amends the Illinois Health Facilities Planning Act in relation to the Health Facilities and Services Review Board, facility closure, and other matters. Repeals, adds, and changes other provisions. Effective immediately.


LRB102 10243 CPF 15569 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0159LRB102 10243 CPF 15569 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Title I. General Provisions

 
5
Article 1.

 
6    Section 1-1. This Act may be referred to as the Illinois
7Health Care and Human Service Reform Act.
 
8    Section 1-5. Findings.
9    "We, the People of the State of Illinois in order to
10provide for the health, safety and welfare of the people;
11maintain a representative and orderly government; eliminate
12poverty and inequality; assure legal, social and economic
13justice; provide opportunity for the fullest development of
14the individual; insure domestic tranquility; provide for the
15common defense; and secure the blessings of freedom and
16liberty to ourselves and our posterity - do ordain and
17establish this Constitution for the State of Illinois."
18    The Illinois Legislative Black Caucus finds that, in order
19to improve the health outcomes of Black residents in the State
20of Illinois, it is essential to dramatically reform the
21State's health and human service system. For over 3 decades,

 

 

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1multiple health studies have found that health inequities at
2their very core are due to racism. As early as 1998 research
3demonstrated that Black Americans received less health care
4than white Americans because doctors treated patients
5differently on the basis of race. Yet, Illinois' health and
6human service system disappointingly continues to perpetuate
7health disparities among Black Illinoisans of all ages,
8genders, and socioeconomic status.
9    In July 2020, Trinity Health announced its plans to close
10Mercy Hospital, an essential resource serving the Chicago
11South Side's predominantly Black residents. Trinity Health
12argued that this closure would have no impact on health access
13but failed to understand the community's needs. Closure of
14Mercy Hospital would only serve to create a health access
15desert and exacerbate existing health disparities. On December
1615, 2020, after hearing from community members and advocates,
17the Health Facilities and Services Review Board unanimously
18voted to deny closure efforts, yet Trinity still seeks to
19cease Mercy's operations.
20    Prior to COVID-19, much of the social and political
21attention surrounding the nationwide opioid epidemic focused
22on the increase in overdose deaths among white, middle-class,
23suburban and rural users; the impact of the epidemic in Black
24communities was largely unrecognized. Research has shown rates
25of opioid use at the national scale are higher for whites than
26they are for Blacks, yet rates of opioid deaths are higher

 

 

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1among Blacks (43%) than whites (22%). The COVID-19 pandemic
2will likely exacerbate this situation due to job loss,
3stay-at-home orders, and ongoing mitigation efforts creating a
4lack of physical access to addiction support and harm
5reduction groups.
6    In 2018, the Illinois Department of Public Health reported
7that Black women were about 6 times as likely to die from a
8pregnancy-related cause as white women. Of those, 72% of
9pregnancy-related deaths and 93% of violent
10pregnancy-associated deaths were deemed preventable. Between
112016 and 2017, Black women had the highest rate of severe
12maternal morbidity with a rate of 101.5 per 10,000 deliveries,
13which is almost 3 times as high as the rate for white women.
14    In the City of Chicago, African American and Latinx
15populations are suffering from higher rates of AIDS/HIV
16compared to the general population. Recent data places HIV as
17one of the top 5 leading causes of death in African American
18women between the ages of 35 to 44 and the seventh ranking
19cause in African American women between the ages of 20 to 34.
20Among the Latinx population, nearly 20% with HIV exclusively
21depend on indigenous-led and staffed organizations for
22services.
23    Cardiovascular disease (CVD) accounts for more deaths in
24Illinois than any other cause of death, according to the
25Illinois Department of Public Health; CVD is the leading cause
26of death among Black residents. According to the Kaiser Family

 

 

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1Foundation (KFF), for every 100,000 people, 224 Black
2Illinoisans die of CVD compared to 158 white Illinoisans.
3Cancer, the second leading cause of death in Illinois, too is
4pervasive among African Americans. In 2019, an estimated
5606,880 Americans, or 1,660 people a day, died of cancer; the
6American Cancer Society estimated 24,410 deaths occurred in
7Illinois. KFF estimates that, out of every 100,000 people, 191
8Black Illinoisans die of cancer compared to 152 white
9Illinoisans.
10    Black Americans suffer at much higher rates from chronic
11diseases, including diabetes, hypertension, heart disease,
12asthma, and many cancers. Utilizing community health workers
13in patient education and chronic disease management is needed
14to close these health disparities. Studies have shown that
15diabetes patients in the care of a community health worker
16demonstrate improved knowledge and lifestyle and
17self-management behaviors, as well as decreases in the use of
18the emergency department. A study of asthma control among
19black adolescents concluded that asthma control was reduced by
2035% among adolescents working with community health workers,
21resulting in a savings of $5.58 per dollar spent on the
22intervention. A study of the return on investment for
23community health workers employed in Colorado showed that,
24after a 9-month period, patients working with community health
25workers had an increased number of primary care visits and a
26decrease in urgent and inpatient care. Utilization of

 

 

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1community health workers led to a $2.38 return on investment
2for every dollar invested in community health workers.
3    Adverse childhood experiences (ACEs) are traumatic
4experiences occurring during childhood that have been found to
5have a profound effect on a child's developing brain structure
6and body which may result in poor health during a person's
7adulthood. ACEs studies have found a strong correlation
8between the number of ACEs and a person's risk for disease and
9negative health behaviors, including suicide, depression,
10cancer, stroke, ischemic heart disease, diabetes, autoimmune
11disease, smoking, substance abuse, interpersonal violence,
12obesity, unplanned pregnancies, lower educational achievement,
13workplace absenteeism, and lower wages. Data also shows that
14approximately 20% of African American and Hispanic adults in
15Illinois reported 4 or more ACEs, compared to 13% of
16non-Hispanic whites. Long-standing ACE interventions include
17tools such as trauma-informed care. Trauma-informed care has
18been promoted and established in communities across the
19country on a bipartisan basis, including in the states of
20California, Florida, Massachusetts, Missouri, Oregon,
21Pennsylvania, Washington, and Wisconsin. Several federal
22agencies have integrated trauma-informed approaches in their
23programs and grants which should be leveraged by the State.
24    According to a 2019 Rush University report, a Black
25person's life expectancy on average is less when compared to a
26white person's life expectancy. For instance, when comparing

 

 

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1life expectancy in Chicago's Austin neighborhood to the
2Chicago Loop, there is a difference of 11 years between Black
3life expectancy (71 years) and white life expectancy (82
4years).
5    In a 2015 literature review of implicit racial and ethnic
6bias among medical professionals, it was concluded that there
7is a moderate level of implicit bias in most medical
8professionals. Further, the literature review showed that
9implicit bias has negative consequences for patients,
10including strained patient relationships and negative health
11outcomes. It is critical for medical professionals to be aware
12of implicit racial and ethnic bias and work to eliminate bias
13through training.
14    In the field of medicine, a historically racist
15profession, Black medical professionals have commonly been
16ostracized. In 1934, Dr. Roland B. Scott was the first African
17American to pass the pediatric board exam, yet when he applied
18for membership with the American Academy of Pediatrics he was
19rejected multiple times. Few medical organizations have
20confronted the roles they played in blocking opportunities for
21Black advancement in the medical profession until the formal
22apologies of the American Medical Association in 2008. For
23decades, organizations like the AMA predicated their
24membership on joining a local state medical society, several
25of which excluded Black physicians.
26    In 2010, the General Assembly, in partnership with

 

 

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1Treatment Alternatives for Safe Communities, published the
2Disproportionate Justice Impact Study. The study examined the
3impact of Illinois drug laws on racial and ethnic groups and
4the resulting over-representation of racial and ethic minority
5groups in the Illinois criminal justice system. Unsurprisingly
6and disappointingly, the study confirmed decades long
7injustices, such as nonwhites being arrested at a higher rate
8than whites relative to their representation in the general
9population throughout Illinois.
10    All together, the above mentioned only begins to capture a
11part of a larger system of racial injustices and inequities.
12The General Assembly and the people of Illinois are urged to
13recognize while racism is a core fault of the current health
14and human service system, that it is a pervasive disease
15affecting a multiplitude of institutions which truly drive
16systematic health inequities: education, child care, criminal
17justice, affordable housing, environmental justice, and job
18security and so forth. For persons to live up to their full
19human potential, their rights to quality of life, health care,
20a quality job, a fair wage, housing, and education must not be
21inhibited.
22    Therefore, the Illinois Legislative Black Caucus, as
23informed by the Senate's Health and Human Service Pillar
24subject matter hearings, seeks to remedy a fraction of a much
25larger broken system by addressing access to health care,
26hospital closures, managed care organization reform, community

 

 

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1health worker certification, maternal and infant mortality,
2mental and substance abuse treatment, hospital reform, and
3medical implicit bias in the Illinois Health Care and Human
4Service Reform Act. This Act shall achieve needed change
5through the use of, but not limited to, the Medicaid Managed
6Care Oversight Commission, the Health and Human Services Task
7Force, and a hospital closure moratorium, in order to address
8Illinois' long-standing health inequities.
 
9
Title II. Community Health Workers

 
10
Article 5.

 
11    Section 5-1. Short title. This Article may be cited as the
12Community Health Worker Certification and Reimbursement Act.
13References in this Article to "this Act" mean this Article.
 
14    Section 5-5. Definition. In this Act, "community health
15worker" means a frontline public health worker who is a
16trusted member or has an unusually close understanding of the
17community served. This trusting relationship enables the
18community health worker to serve as a liaison, link, and
19intermediary between health and social services and the
20community to facilitate access to services and improve the
21quality and cultural competence of service delivery. A
22community health worker also builds individual and community

 

 

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1capacity by increasing health knowledge and self-sufficiency
2through a range of activities, including outreach, community
3education, informal counseling, social support, and advocacy.
4A community health worker shall have the following core
5competencies:
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
19a community health worker to provide direct care or treatment
20to any person or to perform any act or service for which a
21license 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
24multi-tiered academic and community-based training
25opportunities that lead to the mastery of community health

 

 

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

 

 

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1Certification Board.
2    (a) There is created within the Department of Public
3Health, in shared leadership with a statewide association
4representing community health workers, the Illinois Community
5Health Worker Certification Board. The Board shall serve as
6the regulatory body that develops and has oversight of initial
7community health workers certification and certification
8renewals for both individuals and academic and community-based
9training programs.
10    (b) A representative from the Department of Public Health,
11the Department of Financial and Professional Regulation, the
12Department of Healthcare and Family Services, and the
13Department of Human Services shall serve on the Board. At
14least one full-time professional shall be assigned to staff
15the Board with additional administrative support available as
16needed. The Board shall have balanced representation from the
17community health worker workforce, community health worker
18employers, community health worker training and educational
19organizations, and other engaged stakeholders.
20    (c) The Board shall propose a certification process for
21and be authorized to approve training from community-based
22organizations, in conjunction with a statewide organization
23representing community health workers, and academic
24institutions, in consultation with the Illinois State Board of
25Education, the Illinois Community College Board and the
26Illinois Board of Higher Education. The Board shall base

 

 

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1training approval on core competencies, best practices, and
2affordability. In addition, the Board shall maintain a
3registry of certification records for individually certified
4community health workers.
5    (d) All training programs that are deemed certifiable by
6the Board shall go through a renewal process, which will be
7determined by the Board once established. The Board shall
8establish criteria to grandfather in any community health
9workers who were practicing prior to the establishment of a
10certification program.
11    (e) To ensure high-quality service, the Illinois Community
12Health Worker Certification Board shall examine and consider
13for adoption best practices from other states that have
14implemented policies to allow for alternative opportunities to
15demonstrate competency in core skills and knowledge in
16addition to certification.
17    (f) The Department of Public Health shall explore ways to
18compensate members of the Board.
 
19    Section 5-20. Reimbursement. Community health worker
20services shall be covered under the medical assistance
21program, subject to funding availability, for persons who are
22otherwise eligible for medical assistance. The Department of
23Healthcare and Family Services shall develop services,
24including but not limited to, care coordination and
25diagnostic-related patient services, for which community

 

 

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

 

 

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1the Department of Healthcare and Family Services may adopt
2rules 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
6changing Section 10.4 as follows:
 
7    (210 ILCS 85/10.4)  (from Ch. 111 1/2, par. 151.4)
8    Sec. 10.4. Medical staff privileges.
9    (a) Any hospital licensed under this Act or any hospital
10organized under the University of Illinois Hospital Act shall,
11prior to the granting of any medical staff privileges to an
12applicant, or renewing a current medical staff member's
13privileges, request of the Director of Professional Regulation
14information concerning the licensure status, proper
15credentials, required certificates, and any disciplinary
16action taken against the applicant's or medical staff member's
17license, except: (1) for medical personnel who enter a
18hospital to obtain organs and tissues for transplant from a
19donor in accordance with the Illinois Anatomical Gift Act; or
20(2) for medical personnel who have been granted disaster
21privileges pursuant to the procedures and requirements
22established by rules adopted by the Department. Any hospital

 

 

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1and any employees of the hospital or others involved in
2granting privileges who, in good faith, grant disaster
3privileges pursuant to this Section to respond to an emergency
4shall not, as a result of their acts or omissions, be liable
5for civil damages for granting or denying disaster privileges
6except in the event of willful and wanton misconduct, as that
7term is defined in Section 10.2 of this Act. Individuals
8granted privileges who provide care in an emergency situation,
9in good faith and without direct compensation, shall not, as a
10result of their acts or omissions, except for acts or
11omissions involving willful and wanton misconduct, as that
12term is defined in Section 10.2 of this Act, on the part of the
13person, be liable for civil damages. The Director of
14Professional Regulation shall transmit, in writing and in a
15timely fashion, such information regarding the license of the
16applicant or the medical staff member, including the record of
17imposition of any periods of supervision or monitoring as a
18result of alcohol or substance abuse, as provided by Section
1923 of the Medical Practice Act of 1987, and such information as
20may have been submitted to the Department indicating that the
21application or medical staff member has been denied, or has
22surrendered, medical staff privileges at a hospital licensed
23under this Act, or any equivalent facility in another state or
24territory of the United States. The Director of Professional
25Regulation shall define by rule the period for timely response
26to such requests.

 

 

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1    No transmittal of information by the Director of
2Professional Regulation, under this Section shall be to other
3than the president, chief operating officer, chief
4administrative officer, or chief of the medical staff of a
5hospital licensed under this Act, a hospital organized under
6the University of Illinois Hospital Act, or a hospital
7operated by the United States, or any of its
8instrumentalities. The information so transmitted shall be
9afforded the same status as is information concerning medical
10studies by Part 21 of Article VIII of the Code of Civil
11Procedure, as now or hereafter amended.
12    (b) All hospitals licensed under this Act, except county
13hospitals as defined in subsection (c) of Section 15-1 of the
14Illinois Public Aid Code, shall comply with, and the medical
15staff bylaws of these hospitals shall include rules consistent
16with, the provisions of this Section in granting, limiting,
17renewing, or denying medical staff membership and clinical
18staff privileges. Hospitals that require medical staff members
19to possess faculty status with a specific institution of
20higher education are not required to comply with subsection
21(1) below when the physician does not possess faculty status.
22        (1) Minimum procedures for pre-applicants and
23    applicants for medical staff membership shall include the
24    following:
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
2        medical staff bylaws.
3            (B) Written procedures to be followed in
4        determining a pre-applicant's or an applicant's
5        qualifications for being granted medical staff
6        membership and privileges.
7            (C) Written criteria to be followed in evaluating
8        a pre-applicant's or an applicant's qualifications.
9            (D) An evaluation of a pre-applicant's or an
10        applicant's current health status and current license
11        status in Illinois.
12            (E) A written response to each pre-applicant or
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).
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:
20            (A) A written notice of an adverse decision.
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.
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
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
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
8        nature of each basis for any adverse decision
9        recommended to and accepted by the hospital governing
10        board.
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
25prior to closing membership in the entire or any portion of the
26medical staff or a department. If the hospital closes

 

 

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1membership in the medical staff, any portion of the medical
2staff, or the department over the objections of the medical
3staff, then the hospital shall provide a detailed written
4explanation for the decision to the medical staff 10 days
5prior to the effective date of any closure. No applications
6need to be provided when membership in the medical staff or any
7relevant 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
11amended 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
14prospective patients information on the normal charge incurred
15for any procedure or operation the prospective patient is
16considering.
17    (b) The Department of Public Health shall require
18hospitals to post, either by physical or electronic means, in
19prominent letters, in letters no more than one inch in height
20the established charges for services, where applicable,
21including but not limited to the hospital's private room
22charge, semi-private room charge, charge for a room with 3 or
23more beds, intensive care room charges, emergency room charge,

 

 

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

 

 

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

 

 

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1is complying with the minimum standards prescribed by the
2Department. The report and recommendations of any such agency
3shall be in writing and shall state with particularity its
4findings with respect to compliance or noncompliance with such
5minimum standards, rules, and regulations.
6    The Director may issue a provisional license to any
7hospital which does not substantially comply with the
8provisions of this Act and the standards, rules, and
9regulations promulgated by virtue thereof provided that he
10finds that such hospital has undertaken changes and
11corrections which upon completion will render the hospital in
12substantial compliance with the provisions of this Act, and
13the standards, rules, and regulations adopted hereunder, and
14provided that the health and safety of the patients of the
15hospital will be protected during the period for which such
16provisional license is issued. The Director shall advise the
17licensee of the conditions under which such provisional
18license is issued, including the manner in which the hospital
19facilities fail to comply with the provisions of the Act,
20standards, rules, and regulations, and the time within which
21the changes and corrections necessary for such hospital
22facilities to substantially comply with this Act, and the
23standards, rules, and regulations of the Department relating
24thereto 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
3conspicuously post, either by physical or electronic means,
4for display in an area of its offices accessible to patients,
5employees, and visitors the following:
6        (1) its current license;
7        (2) a description, provided by the Department, of
8    complaint procedures established under this Act and the
9    name, address, and telephone number of a person authorized
10    by the Department to receive complaints;
11        (3) a list of any orders pertaining to the hospital
12    issued by the Department during the past year and any
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
18means, in each facility that has an emergency room, a notice in
19a conspicuous location in the emergency room with information
20about how to enroll in health insurance through the Illinois
21health insurance marketplace in accordance with Sections 1311
22and 1321 of the federal Patient Protection and Affordable Care
23Act.
24(Source: P.A. 101-117, eff. 1-1-20.)
 
25    (210 ILCS 85/10.10)

 

 

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1    Sec. 10.10. Nurse Staffing by Patient Acuity.
2    (a) Findings. The Legislature finds and declares all of
3the 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
18implemented by a hospital, as recommended by a nursing care
19committee, that assesses the complexity of patient care needs
20requiring professional nursing care and skills and aligns
21patient care needs and nursing skills consistent with
22professional nursing standards.
23    "Department" means the Department of Public Health.
24    "Direct patient care" means care provided by a registered
25professional nurse with direct responsibility to oversee or
26carry out medical regimens or nursing care for one or more

 

 

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1patients.
2    "Nursing care committee" means an existing or newly
3created hospital-wide committee or committees of nurses whose
4functions, in part or in whole, contribute to the development,
5recommendation, and review of the hospital's nurse staffing
6plan established pursuant to subsection (d).
7    "Registered professional nurse" means a person licensed as
8a Registered Nurse under the Nurse Practice Act.
9    "Written staffing plan for nursing care services" means a
10written plan for guiding the assignment of patient care
11nursing staff based on multiple nurse and patient
12considerations that yield minimum staffing levels for
13inpatient care units and the adopted acuity model aligning
14patient care needs with nursing skills required for quality
15patient 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

 

 

HB0159- 33 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 34 -LRB102 10243 CPF 15569 b

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
11limit, alter, or modify any of the terms, conditions, or
12provisions of a collective bargaining agreement entered into
13by the hospital.
14(Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12;
1597-813, eff. 7-13-12.)
 
16    (210 ILCS 85/11.5)
17    Sec. 11.5. Uniform standards of obstetrical care
18regardless of ability to pay.
19    (a) No hospital may promulgate policies or implement
20practices that determine differing standards of obstetrical
21care based upon a patient's source of payment or ability to pay
22for medical services.
23    (b) Each hospital shall develop a written policy statement
24reflecting the requirements of subsection (a) and shall post,
25either by physical or electronic means, written notices of

 

 

HB0159- 35 -LRB102 10243 CPF 15569 b

1this policy in the obstetrical admitting areas of the hospital
2by July 1, 2004. Notices posted pursuant to this Section shall
3be posted in the predominant language or languages spoken in
4the hospital's service area.
5(Source: P.A. 93-981, eff. 8-23-04.)
 
6    Section 15-10. The Language Assistance Services Act is
7amended 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
11services for limited-English-speaking or non-English-speaking
12residents and deaf residents, a health facility must do the
13following:
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

 

 

HB0159- 36 -LRB102 10243 CPF 15569 b

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
5the 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

 

 

HB0159- 38 -LRB102 10243 CPF 15569 b

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
4changing 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
8notice:
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
14by physical or electronic means, conspicuously in the
15admission and registration areas of the hospital.
16    (c) The sign shall be in English, and in any other language
17that is the primary language of at least 5% of the patients
18served by the hospital annually.
19    (d) Each hospital that has a website must post a notice in
20a prominent place on its website that financial assistance is
21available at the hospital, a description of the financial
22assistance application process, and a copy of the financial
23assistance application.
24    (e) Within 180 days after the effective date of this

 

 

HB0159- 39 -LRB102 10243 CPF 15569 b

1amendatory Act of the 102nd General Assembly, each Each
2hospital must make available information regarding financial
3assistance from the hospital in the form of either a brochure,
4an application for financial assistance, or other written or
5electronic material in the emergency room, material in the
6hospital 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
9amended 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
13files a report with law enforcement against a patient or
14individual because of workplace violence shall provide notice
15to management of the health care provider by which he or she is
16employed within 3 days after contacting law enforcement or
17filing the report.
18    (b) No management of a health care provider may discourage
19a health care worker from exercising his or her right to
20contact law enforcement or file a report with law enforcement
21because of workplace violence.
22    (c) A health care provider that employs a health care
23worker shall display a notice, either by physical or
24electronic means, stating that verbal aggression will not be

 

 

HB0159- 40 -LRB102 10243 CPF 15569 b

1tolerated and physical assault will be reported to law
2enforcement.
3    (d) The health care provider shall offer immediate
4post-incident services for a health care worker directly
5involved in a workplace violence incident caused by patients
6or their visitors, including acute treatment and access to
7psychological evaluation.
8(Source: P.A. 100-1051, eff. 1-1-19.)
 
9    Section 15-17. The Medical Patient Rights Act is amended
10by 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
14Act, every woman has the following rights with regard to
15pregnancy 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.

 

 

HB0159- 41 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 42 -LRB102 10243 CPF 15569 b

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
21Healthcare and Family Services, Department of Children and
22Family Services, and Department of Human Services shall post,
23either by physical or electronic means, information about
24these rights on their publicly available websites. Every
25health care provider, day care center licensed under the Child
26Care Act of 1969, Head Start, and community center shall post

 

 

HB0159- 43 -LRB102 10243 CPF 15569 b

1information about these rights in a prominent place and on
2their websites, if applicable.
3    (c) The Department of Public Health shall adopt rules to
4implement this Section.
5    (d) Nothing in this Section or any rules adopted under
6subsection (c) shall be construed to require a physician,
7health care professional, hospital, hospital affiliate, or
8health care provider to provide care inconsistent with
9generally accepted medical standards or available capabilities
10or 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
14hospital shall post, either by physical or electronic means, a
15sign next to or in close proximity of its sign required by
16Section 489.20 (q)(1) of Title 42 of the Code of Federal
17Regulations stating the following:
18    "You have the right not to be discriminated against by the
19hospital due to your race, color, or national origin if these
20characteristics are unrelated to your diagnosis or treatment.
21If 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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1is amended by changing Section 22 as follows:
 
2    (325 ILCS 2/22)
3    Sec. 22. Signs. Every hospital, fire station, emergency
4medical facility, and police station that is required to
5accept a relinquished newborn infant in accordance with this
6Act must post, either by physical or electronic means, a sign
7in a conspicuous place on the exterior of the building housing
8the facility informing persons that a newborn infant may be
9relinquished at the facility in accordance with this Act. The
10Department shall prescribe specifications for the signs and
11for their placement that will ensure statewide uniformity.
12    This Section does not apply to a hospital, fire station,
13emergency medical facility, or police station that has a sign
14that is consistent with the requirements of this Section that
15is posted on the effective date of this amendatory Act of the
1695th General Assembly.
17(Source: P.A. 95-275, eff. 8-17-07.)
 
18    Section 15-30. The Crime Victims Compensation Act is
19amended 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
22this State shall display prominently in its emergency room
23posters giving notification of the existence and general

 

 

HB0159- 45 -LRB102 10243 CPF 15569 b

1provisions of this Act. The posters may be displayed by
2physical or electronic means. Such posters shall be provided
3by the Attorney General.
4    (b) Any law enforcement agency that investigates an
5offense committed in this State shall inform the victim of the
6offense or his dependents concerning the availability of an
7award of compensation and advise such persons that any
8information concerning this Act and the filing of a claim may
9be obtained from the office of the Attorney General.
10(Source: P.A. 81-1013.)
 
11    Section 15-35. The Human Trafficking Resource Center
12Notice 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
16establishments shall, upon the availability of the model
17notice described in Section 15 of this Act, post a notice that
18complies with the requirements of this Act in a conspicuous
19place near the public entrance of the establishment or in
20another conspicuous location in clear view of the public and
21employees 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
23availability of the model notice described in Section 15 of
24this Act, post a notice that complies with the requirements of
25this Act in a conspicuous place near the public entrance of
26each roadside rest area or in another conspicuous location in

 

 

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

 

 

HB0159- 49 -LRB102 10243 CPF 15569 b

1post a notice that complies with the requirements of this Act
2in a conspicuous and accessible place in clear view of
3establishment employees.
4(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17;
5100-671, 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
91/2 inches by 11 inches in size, written in a 16-point font,
10except that when the notice is provided by electronic means
11the size of the notice and font shall not be required to comply
12with these specifications, and shall state the following:
 
13"If you or someone you know is being forced to engage in any
14activity and cannot leave, whether it is commercial sex,
15housework, farm work, construction, factory, retail, or
16restaurant work, or any other activity, call the National
17Human Trafficking Resource Center at 1-888-373-7888 to access
18help and services.
 
19Victims of slavery and human trafficking are protected under
20United 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
6in one other language that is the most widely spoken language
7in the county where the establishment is located and for which
8translation is mandated by the federal Voting Rights Act, as
9applicable. This subsection does not require a business or
10other establishment in a county where a language other than
11English or Spanish is the most widely spoken language to print
12the notice in more than one language in addition to English and
13Spanish.
14(Source: P.A. 99-99, eff. 1-1-16.)
 
15
Article 20.

 
16    Section 20-5. The University of Illinois Hospital Act is
17amended by adding Section 8d as follows:
 
18    (110 ILCS 330/8d new)
19    Sec. 8d. N95 masks. The University of Illinois Hospital
20shall provide N95 masks to physicians licensed under the
21Medical Practice Act of 1987, registered nurses and advanced
22practice registered nurses licensed under the Nurse Licensing

 

 

HB0159- 51 -LRB102 10243 CPF 15569 b

1Act, and other employees, to the extent the hospital
2determines that the physician, registered nurse, advanced
3practice registered nurse, or other employee is required to
4have such a mask to serve patients of the hospital, in
5accordance with the policies, guidance, and recommendations of
6State and federal public health and infection control
7authorities and taking into consideration the limitations on
8access to N95 masks caused by disruptions in local, State,
9national, and international supply chains; however, nothing in
10this Section shall be construed to impose any new duty or
11obligation on the hospital that is greater than that imposed
12under State and federal laws in effect on the effective date of
13this amendatory Act of the 102nd General Assembly. This
14Section is repealed on December 31, 2021.
 
15    Section 20-10. The Hospital Licensing Act is amended by
16adding Section 6.28 as follows:
 
17    (210 ILCS 85/6.28 new)
18    Sec. 6.28. N95 masks. A hospital licensed under this Act
19shall provide N95 masks to physicians licensed under the
20Medical Practice Act of 1987, registered nurses and advanced
21practice registered nurses licensed under the Nurse Licensing
22Act, and other employees, to the extent the hospital
23determines that the physician, registered nurse, advanced
24practice registered nurse, or other employee is required to

 

 

HB0159- 52 -LRB102 10243 CPF 15569 b

1have such a mask to serve patients of the hospital, in
2accordance with the policies, guidance, and recommendations of
3State and federal public health and infection control
4authorities and taking into consideration the limitations on
5access to N95 masks caused by disruptions in local, State,
6national, and international supply chains; however, nothing in
7this Section shall be construed to impose any new duty or
8obligation on the hospital that is greater than that imposed
9under State and federal laws in effect on the effective date of
10this amendatory Act of the 102nd General Assembly. This
11Section is repealed on December 31, 2021.
 
12
Article 35.

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

 

 

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

 

 

HB0159- 54 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 55 -LRB102 10243 CPF 15569 b

1    (b-5) Notwithstanding any other provision of this Section,
2the inpatient, per diem rate to be paid to all safety-net
3hospitals for inpatient psychiatric services on and after
4January 1, 2021 shall be at least $630.
5    (c) No rules shall be promulgated to implement this
6Section. For purposes of this Section, "rules" is given the
7meaning contained in Section 1-70 of the Illinois
8Administrative Procedure Act.
9    (d) This Section shall not be in effect during any period
10of time that the State has in place a fully operational
11hospital assessment plan that has been approved by the Centers
12for Medicare and Medicaid Services of the U.S. Department of
13Health and Human Services.
14    (e) On and after July 1, 2012, the Department shall reduce
15any rate of reimbursement for services or other payments or
16alter any methodologies authorized by this Code to reduce any
17rate of reimbursement for services or other payments in
18accordance with Section 5-5e.
19(Source: P.A. 97-689, eff. 6-14-12.)
 
20
Title IV. Medical Implicit Bias

 
21
Article 45.

 
22    Section 45-5. The Department of Professional Regulation
23Law of the Civil Administrative Code of Illinois is amended by

 

 

HB0159- 56 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 57 -LRB102 10243 CPF 15569 b

1    (b) For license or registration renewals occurring on or
2after January 1, 2022, a health care professional who has
3continuing education requirements must complete at least a
4one-hour course in training on implicit bias awareness per
5renewal period. A health care professional may count this one
6hour for completion of this course toward meeting the minimum
7credit hours required for continuing education. Any training
8on implicit bias awareness applied to meet any other State
9licensure requirement, professional accreditation or
10certification requirement, or health care institutional
11practice agreement may count toward the one-hour requirement
12under this Section.
13    (c) The Department may adopt rules for the implementation
14of this Section.
 
15
Title V. Substance Abuse and Mental Health Treatment

 
16
Article 50.

 
17    Section 50-5. The Illinois Controlled Substances Act is
18amended by changing Section 414 as follows:
 
19    (720 ILCS 570/414)
20    Sec. 414. Overdose; limited immunity from prosecution.
21    (a) For the purposes of this Section, "overdose" means a
22controlled substance-induced physiological event that results

 

 

HB0159- 58 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 59 -LRB102 10243 CPF 15569 b

1    (c) A person who is experiencing an overdose shall not be
2arrested, charged, or prosecuted for a violation of Section
3401 or 402 of the Illinois Controlled Substances Act, Section
43.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
5the Criminal Code of 2012, or paragraph (1) of subsection (g)
6of Section 12-3.05 of the Criminal Code of 2012 Class 4 felony
7possession of a controlled, counterfeit, or look-alike
8substance or a controlled substance analog if evidence for the
9violation Class 4 felony possession charge was acquired as a
10result of the person seeking or obtaining emergency medical
11assistance and providing the amount of substance recovered is
12within the amount identified in subsection (d) of this
13Section. The violations listed in this subsection (c) must not
14serve as the sole basis of a violation of parole, mandatory
15supervised release, probation, or conditional discharge, or
16any seizure of property under any State law authorizing civil
17forfeiture so long as the evidence for the violation was
18acquired as a result of the person seeking or obtaining
19emergency medical assistance in the event of an overdose.
20    (d) For the purposes of subsections (b) and (c), the
21limited immunity shall only apply to a person possessing the
22following amount:
23        (1) less than 3 grams of a substance containing
24    heroin;
25        (2) less than 3 grams of a substance containing
26    cocaine;

 

 

HB0159- 60 -LRB102 10243 CPF 15569 b

1        (3) less than 3 grams of a substance containing
2    morphine;
3        (4) less than 40 grams of a substance containing
4    peyote;
5        (5) less than 40 grams of a substance containing a
6    derivative of barbituric acid or any of the salts of a
7    derivative of barbituric acid;
8        (6) less than 40 grams of a substance containing
9    amphetamine or any salt of an optical isomer of
10    amphetamine;
11        (7) less than 3 grams of a substance containing
12    lysergic acid diethylamide (LSD), or an analog thereof;
13        (8) less than 6 grams of a substance containing
14    pentazocine or any of the salts, isomers and salts of
15    isomers of pentazocine, or an analog thereof;
16        (9) less than 6 grams of a substance containing
17    methaqualone or any of the salts, isomers and salts of
18    isomers of methaqualone;
19        (10) less than 6 grams of a substance containing
20    phencyclidine or any of the salts, isomers and salts of
21    isomers of phencyclidine (PCP);
22        (11) less than 6 grams of a substance containing
23    ketamine or any of the salts, isomers and salts of isomers
24    of ketamine;
25        (12) less than 40 grams of a substance containing a
26    substance classified as a narcotic drug in Schedules I or

 

 

HB0159- 61 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 62 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 63 -LRB102 10243 CPF 15569 b

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

 

 

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1seeking or obtaining emergency medical assistance. Nothing in
2this Section is intended to interfere with or prevent the
3investigation, arrest, or prosecution of any person for the
4delivery or distribution of cannabis, methamphetamine or other
5controlled substances, drug-induced homicide, or any other
6crime if the evidence of the violation is not acquired as a
7result of the person seeking or obtaining emergency medical
8assistance in the event of an overdose.
9(Source: P.A. 97-678, eff. 6-1-12.)
 
10
Article 55.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1this Act. A managed care entity pharmacist shall notify
2prescribers of review activities.
3(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
4100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
57-12-19; 101-414, eff. 8-16-19.)
 
6
Article 60.

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

 

 

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

 

 

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1existing law or rules contain more rigorous training
2requirements for Adult Protective Service officials, those
3laws or rules shall apply. Where there is overlap between this
4Section and other laws and rules, the Department shall
5interpret this Section to avoid duplication of requirements
6while ensuring that the minimum requirements set in this
7Section are met.
8    (f) The Department may adopt rules for the administration
9of this Section.
 
10
Article 65.

 
11    Section 65-1. Short title. This Article may be cited as
12the Behavioral Health Workforce Education Center of Illinois
13Act. References in this Article to "this Act" mean this
14Article.
 
15    Section 65-5. Findings. The General Assembly finds as
16follows:
17        (1) There are insufficient behavioral health
18    professionals in this State's behavioral health workforce
19    and further that there are insufficient behavioral health
20    professionals trained in evidence-based practices.
21        (2) The Illinois behavioral health workforce situation
22    is at a crisis state and the lack of a behavioral health
23    strategy is exacerbating the problem.

 

 

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1        (3) In 2019, the Journal of Community Health found
2    that suicide rates are disproportionately higher among
3    African American adolescents. From 2001 to 2017, the rate
4    for African American teen boys rose 60%, according to the
5    study. Among African American teen girls, rates nearly
6    tripled, rising by an astounding 182%. Illinois was among
7    the 10 states with the greatest number of African American
8    adolescent suicides (2015-2017).
9        (4) Workforce shortages are evident in all behavioral
10    health professions, including, but not limited to,
11    psychiatry, psychiatric nursing, psychiatric physician
12    assistant, social work (licensed social work, licensed
13    clinical social work), counseling (licensed professional
14    counseling, licensed clinical professional counseling),
15    marriage and family therapy, licensed clinical psychology,
16    occupational therapy, prevention, substance use disorder
17    counseling, and peer support.
18        (5) The shortage of behavioral health practitioners
19    affects every Illinois county, every group of people with
20    behavioral health needs, including children and
21    adolescents, justice-involved populations, working
22    adults, people experiencing homelessness, veterans, and
23    older adults, and every health care and social service
24    setting, from residential facilities and hospitals to
25    community-based organizations and primary care clinics.
26        (6) Estimates of unmet needs consistently highlight

 

 

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1    the dire situation in Illinois. Mental Health America
2    ranks Illinois 29th in the country in mental health
3    workforce availability based on its 480-to-1 ratio of
4    population to mental health professionals, and the Kaiser
5    Family Foundation estimates that only 23.3% of
6    Illinoisans' mental health needs can be met with its
7    current workforce.
8        (7) Shortages are especially acute in rural areas and
9    among low-income and under-insured individuals and
10    families. 30.3% of Illinois' rural hospitals are in
11    designated primary care shortage areas and 93.7% are in
12    designated mental health shortage areas. Nationally, 40%
13    of psychiatrists work in cash-only practices, limiting
14    access for those who cannot afford high out-of-pocket
15    costs, especially Medicaid eligible individuals and
16    families.
17        (8) Spanish-speaking therapists in suburban Cook
18    County, as well as in immigrant new growth communities
19    throughout the State, for example, and master's-prepared
20    social workers in rural communities are especially
21    difficult to recruit and retain.
22        (9) Illinois' shortage of psychiatrists specializing
23    in serving children and adolescents is also severe.
24    Eighty-one out of 102 Illinois counties have no child and
25    adolescent psychiatrists, and the remaining 21 counties
26    have only 310 child and adolescent psychiatrists for a

 

 

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1    population of 2,450,000 children.
2        (10) Only 38.9% of the 121,000 Illinois youth aged 12
3    through 17 who experienced a major depressive episode
4    received care.
5        (11) An annual average of 799,000 people in Illinois
6    aged 12 and older need but do not receive substance use
7    disorder treatment at specialty facilities.
8        (12) According to the Statewide Semiannual Opioid
9    Report, Illinois Department of Public Health, September
10    2020, the number of opioid deaths in Illinois has
11    increased 3% from 2,167 deaths in 2018 to 2,233 deaths in
12    2019.
13        (13) Behavioral health workforce shortages have led to
14    well-documented problems of long wait times for
15    appointments with psychiatrists (4 to 6 months in some
16    cases), high turnover, and unfilled vacancies for social
17    workers and other behavioral health professionals that
18    have eroded the gains in insurance coverage for mental
19    illness and substance use disorder under the federal
20    Affordable Care Act and parity laws.
21        (14) As a result, individuals with mental illness or
22    substance use disorders end up in hospital emergency
23    rooms, which are the most expensive level of care, or are
24    incarcerated and do not receive adequate care, if any.
25        (15) There are many organizations and institutions
26    that are affected by behavioral health workforce

 

 

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1    shortages, but no one entity is responsible for monitoring
2    the workforce supply and intervening to ensure it can
3    effectively meet behavioral health needs throughout the
4    State.
5        (16) Workforce shortages are more complex than simple
6    numerical shortfalls. Identifying the optimal number,
7    type, and location of behavioral health professionals to
8    meet the differing needs of Illinois' diverse regions and
9    populations across the lifespan is a difficult logistical
10    problem at the system and practice level that requires
11    coordinated efforts in research, education, service
12    delivery, and policy.
13        (17) This State has a compelling and substantial
14    interest in building a pipeline for behavioral health
15    professionals and to anchor research and education for
16    behavioral health workforce development. Beginning with
17    the proposed Behavioral Health Workforce Education Center
18    of Illinois, Illinois has the chance to develop a
19    blueprint to be a national leader in behavioral health
20    workforce development.
21        (18) The State must act now to improve the ability of
22    its residents to achieve their human potential and to live
23    healthy, productive lives by reducing the misery and
24    suffering with unmet behavioral health needs.
 
25    Section 65-10. Behavioral Health Workforce Education

 

 

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1Center of Illinois.
2    (a) The Behavioral Health Workforce Education Center of
3Illinois is created and shall be administered by a teaching,
4research, or both teaching and research public institution of
5higher education in this State. Subject to appropriation, the
6Center shall be operational on or before July 1, 2022.
7    (b) The Behavioral Health Workforce Education Center of
8Illinois shall leverage workforce and behavioral health
9resources, including, but not limited to, State, federal, and
10foundation grant funding, federal Workforce Investment Act of
111998 programs, the National Health Service Corps and other
12nongraduate medical education physician workforce training
13programs, and existing behavioral health partnerships, and
14align with reforms in Illinois.
 
15    Section 65-15. Structure.
16    (a) The Behavioral Health Workforce Education Center of
17Illinois shall be structured as a multisite model, and the
18administering public institution of higher education shall
19serve as the hub institution, complemented by secondary
20regional hubs, namely academic institutions, that serve rural
21and small urban areas and at least one academic institution
22serving a densely urban municipality with more than 1,000,000
23inhabitants.
24    (b) The Behavioral Health Workforce Education Center of
25Illinois shall be located within one academic institution and

 

 

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

 

 

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

 

 

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

 

 

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1            (A) assessing the credentialing and reimbursement
2        processes and recommending reforms;
3            (B) evaluating available peer-parent training
4        models, choosing a model that meets Illinois' needs,
5        and working with partners to implement it universally
6        in child-serving programs throughout this State; and
7            (C) including peer recovery specialists and
8        parent-peer support professionals in interdisciplinary
9        training programs.
10        (5) Focus on the training of behavioral health
11    professionals in telehealth techniques, including taking
12    advantage of a telehealth network that exists, and other
13    innovative means of care delivery in order to increase
14    access to behavioral health services for all persons
15    within this State.
16        (6) No later than December 1 of every odd-numbered
17    year, prepare a report of its activities under this Act.
18    The report shall be filed electronically with the General
19    Assembly, as provided under Section 3.1 of the General
20    Assembly Organization Act, and shall be provided
21    electronically to any member of the General Assembly upon
22    request.
 
23    Section 65-25. Selection process.
24    (a) No later than 90 days after the effective date of this
25Act, the Board of Higher Education shall select a public

 

 

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

 

 

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

 
15
Article 70.

 
16    Section 70-5. The Use Tax Act is amended by changing
17Section 3-10 as follows:
 
18    (35 ILCS 105/3-10)
19    Sec. 3-10. Rate of tax. Unless otherwise provided in this
20Section, the tax imposed by this Act is at the rate of 6.25% of
21either the selling price or the fair market value, if any, of
22the tangible personal property. In all cases where property

 

 

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

 

 

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1January 1, 1990, and before July 1, 2003, (ii) 80% of the
2proceeds of sales made on or after July 1, 2003 and on or
3before July 1, 2017, and (iii) 100% of the proceeds of sales
4made thereafter. If, at any time, however, the tax under this
5Act on sales of gasohol is imposed at the rate of 1.25%, then
6the tax imposed by this Act applies to 100% of the proceeds of
7sales of gasohol made during that time.
8    With respect to majority blended ethanol fuel, the tax
9imposed by this Act does not apply to the proceeds of sales
10made on or after July 1, 2003 and on or before December 31,
112023 but applies to 100% of the proceeds of sales made
12thereafter.
13    With respect to biodiesel blends with no less than 1% and
14no more than 10% biodiesel, the tax imposed by this Act applies
15to (i) 80% of the proceeds of sales made on or after July 1,
162003 and on or before December 31, 2018 and (ii) 100% of the
17proceeds of sales made thereafter. If, at any time, however,
18the tax under this Act on sales of biodiesel blends with no
19less than 1% and no more than 10% biodiesel is imposed at the
20rate of 1.25%, then the tax imposed by this Act applies to 100%
21of the proceeds of sales of biodiesel blends with no less than
221% and no more than 10% biodiesel made during that time.
23    With respect to 100% biodiesel and biodiesel blends with
24more than 10% but no more than 99% biodiesel, the tax imposed
25by this Act does not apply to the proceeds of sales made on or
26after July 1, 2003 and on or before December 31, 2023 but

 

 

HB0159- 85 -LRB102 10243 CPF 15569 b

1applies to 100% of the proceeds of sales made thereafter.
2    With respect to food for human consumption that is to be
3consumed off the premises where it is sold (other than
4alcoholic beverages, food consisting of or infused with adult
5use cannabis, soft drinks, and food that has been prepared for
6immediate consumption) and prescription and nonprescription
7medicines, drugs, medical appliances, products classified as
8Class III medical devices by the United States Food and Drug
9Administration that are used for cancer treatment pursuant to
10a prescription, as well as any accessories and components
11related to those devices, modifications to a motor vehicle for
12the purpose of rendering it usable by a person with a
13disability, and insulin, blood sugar urine testing materials,
14syringes, and needles used by human diabetics, for human use,
15the tax is imposed at the rate of 1%. For the purposes of this
16Section, until September 1, 2009: the term "soft drinks" means
17any complete, finished, ready-to-use, non-alcoholic drink,
18whether carbonated or not, including but not limited to soda
19water, cola, fruit juice, vegetable juice, carbonated water,
20and all other preparations commonly known as soft drinks of
21whatever kind or description that are contained in any closed
22or sealed bottle, can, carton, or container, regardless of
23size; but "soft drinks" does not include coffee, tea,
24non-carbonated water, infant formula, milk or milk products as
25defined in the Grade A Pasteurized Milk and Milk Products Act,
26or drinks containing 50% or more natural fruit or vegetable

 

 

HB0159- 86 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 87 -LRB102 10243 CPF 15569 b

1pieces. "Candy" does not include any preparation that contains
2flour or requires refrigeration.
3    Notwithstanding any other provisions of this Act,
4beginning September 1, 2009, "nonprescription medicines and
5drugs" does not include grooming and hygiene products. For
6purposes of this Section, "grooming and hygiene products"
7includes, but is not limited to, soaps and cleaning solutions,
8shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
9lotions and screens, unless those products are available by
10prescription only, regardless of whether the products meet the
11definition of "over-the-counter-drugs". For the purposes of
12this paragraph, "over-the-counter-drug" means a drug for human
13use that contains a label that identifies the product as a drug
14as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
15label 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
21the 98th General Assembly, "prescription and nonprescription
22medicines and drugs" includes medical cannabis purchased from
23a registered dispensing organization under the Compassionate
24Use of Medical Cannabis Program Act.
25    As used in this Section, "adult use cannabis" means
26cannabis subject to tax under the Cannabis Cultivation

 

 

HB0159- 88 -LRB102 10243 CPF 15569 b

1Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
2and does not include cannabis subject to tax under the
3Compassionate Use of Medical Cannabis Program Act.
4    If the property that is purchased at retail from a
5retailer is acquired outside Illinois and used outside
6Illinois before being brought to Illinois for use here and is
7taxable under this Act, the "selling price" on which the tax is
8computed shall be reduced by an amount that represents a
9reasonable allowance for depreciation for the period of prior
10out-of-state use.
11(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
12101-593, eff. 12-4-19.)
 
13    Section 70-10. The Service Use Tax Act is amended by
14changing Section 3-10 as follows:
 
15    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
16    Sec. 3-10. Rate of tax. Unless otherwise provided in this
17Section, the tax imposed by this Act is at the rate of 6.25% of
18the selling price of tangible personal property transferred as
19an incident to the sale of service, but, for the purpose of
20computing this tax, in no event shall the selling price be less
21than the cost price of the property to the serviceman.
22    Beginning on July 1, 2000 and through December 31, 2000,
23with respect to motor fuel, as defined in Section 1.1 of the
24Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

 

 

HB0159- 89 -LRB102 10243 CPF 15569 b

1the Use Tax Act, the tax is imposed at the rate of 1.25%.
2    With respect to gasohol, as defined in the Use Tax Act, the
3tax imposed by this Act applies to (i) 70% of the selling price
4of property transferred as an incident to the sale of service
5on or after January 1, 1990, and before July 1, 2003, (ii) 80%
6of the selling price of property transferred as an incident to
7the sale of service on or after July 1, 2003 and on or before
8July 1, 2017, and (iii) 100% of the selling price thereafter.
9If, at any time, however, the tax under this Act on sales of
10gasohol, as defined in the Use Tax Act, is imposed at the rate
11of 1.25%, then the tax imposed by this Act applies to 100% of
12the proceeds of sales of gasohol made during that time.
13    With respect to majority blended ethanol fuel, as defined
14in the Use Tax Act, the tax imposed by this Act does not apply
15to the selling price of property transferred as an incident to
16the sale of service on or after July 1, 2003 and on or before
17December 31, 2023 but applies to 100% of the selling price
18thereafter.
19    With respect to biodiesel blends, as defined in the Use
20Tax Act, with no less than 1% and no more than 10% biodiesel,
21the tax imposed by this Act applies to (i) 80% of the selling
22price of property transferred as an incident to the sale of
23service on or after July 1, 2003 and on or before December 31,
242018 and (ii) 100% of the proceeds of the selling price
25thereafter. If, at any time, however, the tax under this Act on
26sales of biodiesel blends, as defined in the Use Tax Act, with

 

 

HB0159- 90 -LRB102 10243 CPF 15569 b

1no less than 1% and no more than 10% biodiesel is imposed at
2the rate of 1.25%, then the tax imposed by this Act applies to
3100% of the proceeds of sales of biodiesel blends with no less
4than 1% and no more than 10% biodiesel made during that time.
5    With respect to 100% biodiesel, as defined in the Use Tax
6Act, and biodiesel blends, as defined in the Use Tax Act, with
7more than 10% but no more than 99% biodiesel, the tax imposed
8by this Act does not apply to the proceeds of the selling price
9of property transferred as an incident to the sale of service
10on or after July 1, 2003 and on or before December 31, 2023 but
11applies to 100% of the selling price thereafter.
12    At the election of any registered serviceman made for each
13fiscal year, sales of service in which the aggregate annual
14cost price of tangible personal property transferred as an
15incident to the sales of service is less than 35%, or 75% in
16the case of servicemen transferring prescription drugs or
17servicemen engaged in graphic arts production, of the
18aggregate annual total gross receipts from all sales of
19service, the tax imposed by this Act shall be based on the
20serviceman's cost price of the tangible personal property
21transferred as an incident to the sale of those services.
22    The tax shall be imposed at the rate of 1% on food prepared
23for immediate consumption and transferred incident to a sale
24of service subject to this Act or the Service Occupation Tax
25Act by an entity licensed under the Hospital Licensing Act,
26the Nursing Home Care Act, the ID/DD Community Care Act, the

 

 

HB0159- 91 -LRB102 10243 CPF 15569 b

1MC/DD Act, the Specialized Mental Health Rehabilitation Act of
22013, or the Child Care Act of 1969. The tax shall also be
3imposed at the rate of 1% on food for human consumption that is
4to be consumed off the premises where it is sold (other than
5alcoholic beverages, food consisting of or infused with adult
6use cannabis, soft drinks, and food that has been prepared for
7immediate consumption and is not otherwise included in this
8paragraph) and prescription and nonprescription medicines,
9drugs, medical appliances, products classified as Class III
10medical devices by the United States Food and Drug
11Administration that are used for cancer treatment pursuant to
12a prescription, as well as any accessories and components
13related to those devices, modifications to a motor vehicle for
14the purpose of rendering it usable by a person with a
15disability, and insulin, blood sugar urine testing materials,
16syringes, and needles used by human diabetics, for human use.
17For the purposes of this Section, until September 1, 2009: the
18term "soft drinks" means any complete, finished, ready-to-use,
19non-alcoholic drink, whether carbonated or not, including but
20not limited to soda water, cola, fruit juice, vegetable juice,
21carbonated water, and all other preparations commonly known as
22soft drinks of whatever kind or description that are contained
23in any closed or sealed bottle, can, carton, or container,
24regardless of size; but "soft drinks" does not include coffee,
25tea, non-carbonated water, infant formula, milk or milk
26products as defined in the Grade A Pasteurized Milk and Milk

 

 

HB0159- 92 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 93 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 94 -LRB102 10243 CPF 15569 b

1cannabis subject to tax under the Cannabis Cultivation
2Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
3and does not include cannabis subject to tax under the
4Compassionate Use of Medical Cannabis Program Act.
5    If the property that is acquired from a serviceman is
6acquired outside Illinois and used outside Illinois before
7being brought to Illinois for use here and is taxable under
8this Act, the "selling price" on which the tax is computed
9shall be reduced by an amount that represents a reasonable
10allowance for depreciation for the period of prior
11out-of-state use.
12(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
13101-593, eff. 12-4-19.)
 
14    Section 70-15. The Service Occupation Tax Act is amended
15by changing Section 3-10 as follows:
 
16    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
17    Sec. 3-10. Rate of tax. Unless otherwise provided in this
18Section, the tax imposed by this Act is at the rate of 6.25% of
19the "selling price", as defined in Section 2 of the Service Use
20Tax Act, of the tangible personal property. For the purpose of
21computing this tax, in no event shall the "selling price" be
22less than the cost price to the serviceman of the tangible
23personal property transferred. The selling price of each item
24of tangible personal property transferred as an incident of a

 

 

HB0159- 95 -LRB102 10243 CPF 15569 b

1sale of service may be shown as a distinct and separate item on
2the serviceman's billing to the service customer. If the
3selling price is not so shown, the selling price of the
4tangible personal property is deemed to be 50% of the
5serviceman's entire billing to the service customer. When,
6however, a serviceman contracts to design, develop, and
7produce special order machinery or equipment, the tax imposed
8by this Act shall be based on the serviceman's cost price of
9the tangible personal property transferred incident to the
10completion of the contract.
11    Beginning on July 1, 2000 and through December 31, 2000,
12with respect to motor fuel, as defined in Section 1.1 of the
13Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
14the Use Tax Act, the tax is imposed at the rate of 1.25%.
15    With respect to gasohol, as defined in the Use Tax Act, the
16tax imposed by this Act shall apply to (i) 70% of the cost
17price of property transferred as an incident to the sale of
18service on or after January 1, 1990, and before July 1, 2003,
19(ii) 80% of the selling price of property transferred as an
20incident to the sale of service on or after July 1, 2003 and on
21or before July 1, 2017, and (iii) 100% of the cost price
22thereafter. If, at any time, however, the tax under this Act on
23sales of gasohol, as defined in the Use Tax Act, is imposed at
24the rate of 1.25%, then the tax imposed by this Act applies to
25100% of the proceeds of sales of gasohol made during that time.
26    With respect to majority blended ethanol fuel, as defined

 

 

HB0159- 96 -LRB102 10243 CPF 15569 b

1in the Use Tax Act, the tax imposed by this Act does not apply
2to the selling price of property transferred as an incident to
3the sale of service on or after July 1, 2003 and on or before
4December 31, 2023 but applies to 100% of the selling price
5thereafter.
6    With respect to biodiesel blends, as defined in the Use
7Tax Act, with no less than 1% and no more than 10% biodiesel,
8the tax imposed by this Act applies to (i) 80% of the selling
9price of property transferred as an incident to the sale of
10service on or after July 1, 2003 and on or before December 31,
112018 and (ii) 100% of the proceeds of the selling price
12thereafter. If, at any time, however, the tax under this Act on
13sales of biodiesel blends, as defined in the Use Tax Act, with
14no less than 1% and no more than 10% biodiesel is imposed at
15the rate of 1.25%, then the tax imposed by this Act applies to
16100% of the proceeds of sales of biodiesel blends with no less
17than 1% and no more than 10% biodiesel made during that time.
18    With respect to 100% biodiesel, as defined in the Use Tax
19Act, and biodiesel blends, as defined in the Use Tax Act, with
20more than 10% but no more than 99% biodiesel material, the tax
21imposed by this Act does not apply to the proceeds of the
22selling price of property transferred as an incident to the
23sale of service on or after July 1, 2003 and on or before
24December 31, 2023 but applies to 100% of the selling price
25thereafter.
26    At the election of any registered serviceman made for each

 

 

HB0159- 97 -LRB102 10243 CPF 15569 b

1fiscal year, sales of service in which the aggregate annual
2cost price of tangible personal property transferred as an
3incident to the sales of service is less than 35%, or 75% in
4the case of servicemen transferring prescription drugs or
5servicemen engaged in graphic arts production, of the
6aggregate annual total gross receipts from all sales of
7service, the tax imposed by this Act shall be based on the
8serviceman's cost price of the tangible personal property
9transferred incident to the sale of those services.
10    The tax shall be imposed at the rate of 1% on food prepared
11for immediate consumption and transferred incident to a sale
12of service subject to this Act or the Service Occupation Tax
13Act by an entity licensed under the Hospital Licensing Act,
14the Nursing Home Care Act, the ID/DD Community Care Act, the
15MC/DD Act, the Specialized Mental Health Rehabilitation Act of
162013, or the Child Care Act of 1969. The tax shall also be
17imposed at the rate of 1% on food for human consumption that is
18to be consumed off the premises where it is sold (other than
19alcoholic beverages, food consisting of or infused with adult
20use cannabis, soft drinks, and food that has been prepared for
21immediate consumption and is not otherwise included in this
22paragraph) and prescription and nonprescription medicines,
23drugs, medical appliances, products classified as Class III
24medical devices by the United States Food and Drug
25Administration that are used for cancer treatment pursuant to
26a prescription, as well as any accessories and components

 

 

HB0159- 98 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 99 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 100 -LRB102 10243 CPF 15569 b

1this paragraph, "over-the-counter-drug" means a drug for human
2use that contains a label that identifies the product as a drug
3as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
4label includes:
5        (A) A "Drug Facts" panel; or
6        (B) A statement of the "active ingredient(s)" with a
7    list of those ingredients contained in the compound,
8    substance or preparation.
9    Beginning on January 1, 2014 (the effective date of Public
10Act 98-122), "prescription and nonprescription medicines and
11drugs" includes medical cannabis purchased from a registered
12dispensing organization under the Compassionate Use of Medical
13Cannabis Program Act.
14    As used in this Section, "adult use cannabis" means
15cannabis subject to tax under the Cannabis Cultivation
16Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
17and does not include cannabis subject to tax under the
18Compassionate Use of Medical Cannabis Program Act.
19(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
20101-593, eff. 12-4-19.)
 
21    Section 70-20. The Retailers' Occupation Tax Act is
22amended by changing Section 2-10 as follows:
 
23    (35 ILCS 120/2-10)
24    Sec. 2-10. Rate of tax. Unless otherwise provided in this

 

 

HB0159- 101 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 102 -LRB102 10243 CPF 15569 b

1tax imposed by this Act applies to (i) 70% of the proceeds of
2sales made on or after January 1, 1990, and before July 1,
32003, (ii) 80% of the proceeds of sales made on or after July
41, 2003 and on or before July 1, 2017, and (iii) 100% of the
5proceeds of sales made thereafter. If, at any time, however,
6the tax under this Act on sales of gasohol, as defined in the
7Use Tax Act, is imposed at the rate of 1.25%, then the tax
8imposed by this Act applies to 100% of the proceeds of sales of
9gasohol made during that time.
10    With respect to majority blended ethanol fuel, as defined
11in the Use Tax Act, the tax imposed by this Act does not apply
12to the proceeds of sales made on or after July 1, 2003 and on
13or before December 31, 2023 but applies to 100% of the proceeds
14of sales made thereafter.
15    With respect to biodiesel blends, as defined in the Use
16Tax Act, with no less than 1% and no more than 10% biodiesel,
17the tax imposed by this Act applies to (i) 80% of the proceeds
18of sales made on or after July 1, 2003 and on or before
19December 31, 2018 and (ii) 100% of the proceeds of sales made
20thereafter. If, at any time, however, the tax under this Act on
21sales of biodiesel blends, as defined in the Use Tax Act, with
22no less than 1% and no more than 10% biodiesel is imposed at
23the rate of 1.25%, then the tax imposed by this Act applies to
24100% of the proceeds of sales of biodiesel blends with no less
25than 1% and no more than 10% biodiesel made during that time.
26    With respect to 100% biodiesel, as defined in the Use Tax

 

 

HB0159- 103 -LRB102 10243 CPF 15569 b

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

 

 

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

 

 

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

 

 

HB0159- 106 -LRB102 10243 CPF 15569 b

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

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

 

 

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

 

 

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

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

 

 

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

 

 

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

 

 

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112-month periods, the family shall remain eligible for child
2care services regardless of (i) a change in family income,
3unless family income exceeds 85% of State median income, or
4(ii) a temporary change in the ongoing status of the parents or
5other relatives, as defined by rule, as working or attending a
6job training or educational program.
7    In determining income eligibility for child care benefits,
8the Department annually, at the beginning of each fiscal year,
9shall establish, by rule, one income threshold for each family
10size, in relation to percentage of State median income for a
11family of that size, that makes families with incomes below
12the specified threshold eligible for assistance and families
13with incomes above the specified threshold ineligible for
14assistance. Through and including fiscal year 2007, the
15specified threshold must be no less than 50% of the
16then-current State median income for each family size.
17Beginning in fiscal year 2008, the specified threshold must be
18no less than 185% of the then-current federal poverty level
19for each family size. Notwithstanding any other provision of
20law or administrative rule to the contrary, beginning in
21fiscal year 2019, the specified threshold for working families
22with very low incomes as defined by rule must be no less than
23185% of the then-current federal poverty level for each family
24size.
25    In determining eligibility for assistance, the Department
26shall not give preference to any category of recipients or

 

 

HB0159- 112 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 113 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 114 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 115 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 116 -LRB102 10243 CPF 15569 b

1less than the rates in effect on January 1, 2018 increased by
24.26%.
3    (f-5) (Blank).
4    (g) Families eligible for assistance under this Section
5shall be given the following options:
6        (1) receiving a child care certificate issued by the
7    Department or a subcontractor of the Department that may
8    be used by the parents as payment for child care and
9    development services only; or
10        (2) if space is available, enrolling the child with a
11    child care provider that has a purchase of service
12    contract with the Department or a subcontractor of the
13    Department for the provision of child care and development
14    services. The Department may identify particular priority
15    populations for whom they may request special
16    consideration by a provider with purchase of service
17    contracts, provided that the providers shall be permitted
18    to maintain a balance of clients in terms of household
19    incomes and families and children with special needs, as
20    defined by rule.
21(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
22100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
238-17-18; 101-81, eff. 7-12-19.)
 
24
Article 80.

 

 

 

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1    Section 80-5. The Employee Sick Leave Act is amended by
2changing Sections 5 and 10 as follows:
 
3    (820 ILCS 191/5)
4    Sec. 5. Definitions. In this Act:
5    "Covered family member" means an employee's child,
6stepchild, spouse, domestic partner, sibling, parent,
7mother-in-law, father-in-law, grandchild, grandparent, or
8stepparent.
9    "Department" means the Department of Labor.
10    "Personal care" means activities to ensure that a covered
11family member's basic medical, hygiene, nutritional, or safety
12needs are met, or to provide transportation to medical
13appointments, for a covered family member who is unable to
14meet those needs himself or herself. "Personal care" also
15means being physically present to provide emotional support to
16a covered family member with a serious health condition who is
17receiving inpatient or home care.
18    "Personal sick leave benefits" means any paid or unpaid
19time available to an employee as provided through an
20employment benefit plan or paid time off policy to be used as a
21result of absence from work due to personal illness, injury,
22or medical appointment or for personal care of a covered
23family member. An employment benefit plan or paid time off
24policy does not include long term disability, short term
25disability, an insurance policy, or other comparable benefit

 

 

HB0159- 118 -LRB102 10243 CPF 15569 b

1plan or policy.
2(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
3    (820 ILCS 191/10)
4    Sec. 10. Use of leave; limitations.
5    (a) An employee may use personal sick leave benefits
6provided by the employer for absences due to an illness,
7injury, or medical appointment of the employee's child,
8stepchild, spouse, domestic partner, sibling, parent,
9mother-in-law, father-in-law, grandchild, grandparent, or
10stepparent, or for personal care of a covered family member on
11the same terms upon which the employee is able to use personal
12sick leave benefits for the employee's own illness or injury.
13An employer may request written verification of the employee's
14absence from a health care professional if such verification
15is required under the employer's employment benefit plan or
16paid time off policy.
17    (b) An employer may limit the use of personal sick leave
18benefits provided by the employer for absences due to an
19illness, injury, or medical appointment of the employee's
20child, stepchild, spouse, domestic partner, sibling, parent,
21mother-in-law, father-in-law, grandchild, grandparent, or
22stepparent to an amount not less than the personal sick leave
23that would be earned or accrued during 6 months at the
24employee's then current rate of entitlement. For employers who
25base personal sick leave benefits on an employee's years of

 

 

HB0159- 119 -LRB102 10243 CPF 15569 b

1service instead of annual or monthly accrual, such employer
2may limit the amount of sick leave to be used under this Act to
3half of the employee's maximum annual grant.
4    (c) An employer who provides personal sick leave benefits
5or a paid time off policy that would otherwise provide
6benefits as required under subsections (a) and (b) shall not
7be required to modify such benefits.
8(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
9
Article 90.

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

 

 

HB0159- 120 -LRB102 10243 CPF 15569 b

1    Sec. 6.29. Testing for Legionella bacteria. A hospital
2shall develop a policy for testing its water supply for
3Legionella bacteria. The policy shall include the frequency
4with which testing is conducted. The policy and the results of
5any tests shall be made available to the Department upon
6request.
 
7
Article 95.

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

 

 

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

 

 

HB0159- 122 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 123 -LRB102 10243 CPF 15569 b

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

 

 

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1    unexpected infant death (SUID), sudden infant death
2    syndrome (SIDS), and the safe sleep recommendations of the
3    American Academy of Pediatrics; and
4        (17) With respect to foster family homes, provisions
5    requiring the Department to review quality of care
6    concerns and to consider those concerns in determining
7    whether a foster family home is qualified to care for
8    children.
9    By July 1, 2022, all licensed day care home providers,
10licensed group day care home providers, and licensed day care
11center directors and classroom staff shall participate in at
12least one training that includes the topics of early childhood
13social emotional learning, infant and early childhood mental
14health, early childhood trauma, or adverse childhood
15experiences. Current licensed providers, directors, and
16classroom staff shall complete training by July 1, 2022 and
17shall participate in training that includes the above topics
18at least once every 3 years.
19    (b) If, in a facility for general child care, there are
20children diagnosed as mentally ill or children diagnosed as
21having an intellectual or physical disability, who are
22determined to be in need of special mental treatment or of
23nursing care, or both mental treatment and nursing care, the
24Department shall seek the advice and recommendation of the
25Department of Human Services, the Department of Public Health,
26or both Departments regarding the residential treatment and

 

 

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1nursing care provided by the institution.
2    (c) The Department shall investigate any person applying
3to be licensed as a foster parent to determine whether there is
4any evidence of current drug or alcohol abuse in the
5prospective foster family. The Department shall not license a
6person as a foster parent if drug or alcohol abuse has been
7identified in the foster family or if a reasonable suspicion
8of such abuse exists, except that the Department may grant a
9foster parent license to an applicant identified with an
10alcohol or drug problem if the applicant has successfully
11participated in an alcohol or drug treatment program,
12self-help group, or other suitable activities and if the
13Department determines that the foster family home can provide
14a safe, appropriate environment and meet the physical and
15emotional needs of children.
16    (d) The Department, in applying standards prescribed and
17published, as herein provided, shall offer consultation
18through employed staff or other qualified persons to assist
19applicants and licensees in meeting and maintaining minimum
20requirements for a license and to help them otherwise to
21achieve programs of excellence related to the care of children
22served. Such consultation shall include providing information
23concerning education and training in early childhood
24development to providers of day care home services. The
25Department may provide or arrange for such education and
26training for those providers who request such assistance.

 

 

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

 

 

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

 

 

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1reviewed annually in collaboration with the Department of
2Public Health to reflect the most current recommendations of
3the Advisory Committee on Immunization Practices (ACIP). The
4Department shall work with day care centers and day care homes
5licensed under this Act to ensure that the information is
6annually distributed to parents in August or September.
7    (j) Any standard adopted by the Department that requires
8an applicant for a license to operate a day care home to
9include a copy of a high school diploma or equivalent
10certificate with his or her application shall be deemed to be
11satisfied if the applicant includes a copy of a high school
12diploma or equivalent certificate or a copy of a degree from an
13accredited institution of higher education or vocational
14institution or equivalent certificate.
15(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
16100-201, eff. 8-18-17.)
 
17
Article 100.

 
18    Section 100-1. Short title. This Article may be cited as
19the Special Commission on Gynecologic Cancers Act.
 
20    Section 100-5. Creation; members; duties; report.    
21    (a) The Special Commission on Gynecologic Cancers is
22created. Membership of the Commission shall be as follows:
23        (1) A representative of the Illinois Comprehensive

 

 

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1    Cancer Control Program, appointed by the Director of
2    Public Health;
3        (2) The Director of Insurance, or his or her designee;
4    and
5        (3) 20 members who shall be appointed as follows:
6                (A) three members appointed by the Speaker of
7        the House of Representatives, one of whom shall be a
8        survivor of ovarian cancer, one of whom shall be a
9        survivor of cervical, vaginal, vulvar, or uterine
10        cancer, and one of whom shall be a medical specialist
11        in gynecologic cancers;
12                (B) three members appointed by the Senate
13        President, one of whom shall be a survivor of ovarian
14        cancer, one of whom shall be a survivor of cervical,
15        vaginal, vulvar, or uterine cancer, and one of whom
16        shall be a medical specialist in gynecologic cancers;
17                (C) three members appointed by the House
18        Minority Leader, one of whom shall be a survivor of
19        ovarian cancer, one of whom shall be a survivor of
20        cervical, vaginal, vulvar, or uterine cancer, and one
21        of whom shall be a medical specialist in gynecologic
22        cancers;
23                (D) three members appointed by the Senate
24        Minority Leader, one of whom shall be a survivor of
25        ovarian cancer, one of whom shall be a survivor of
26        cervical, vaginal, vulvar, or uterine cancer, and one

 

 

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

 

 

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1    timing of diagnosis and risk factors associated with
2    gynecologic cancers;
3        (2) determining how to best effectuate early diagnosis
4    and treatment for gynecologic cancer patients;
5        (3) determining best practices for closing disparities
6    in outcomes for gynecologic cancer patients and innovative
7    approaches to reaching underserved and vulnerable
8    populations;
9        (4) determining any unmet needs of persons with
10    gynecologic cancers and those of their families; and
11        (5) providing recommendations for additional
12    legislation, support programs, and resources to meet the
13    unmet needs of persons with gynecologic cancers and their
14    families.
15    (e) The Commission shall file its final report with the
16General Assembly no later than December 31, 2021 and, upon the
17filing of its report, is dissolved.
 
18    Section 100-90. Repeal. This Article is repealed on
19January 1, 2023.
 
20
Article 105.

 
21    Section 105-5. The Illinois Public Aid Code is amended by
22changing Section 5A-12.7 as follows:
 

 

 

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1    (305 ILCS 5/5A-12.7)
2    (Section scheduled to be repealed on December 31, 2022)
3    Sec. 5A-12.7. Continuation of hospital access payments on
4and after July 1, 2020.
5    (a) To preserve and improve access to hospital services,
6for hospital services rendered on and after July 1, 2020, the
7Department shall, except for hospitals described in subsection
8(b) of Section 5A-3, make payments to hospitals or require
9capitated managed care organizations to make payments as set
10forth in this Section. Payments under this Section are not due
11and payable, however, until: (i) the methodologies described
12in this Section are approved by the federal government in an
13appropriate State Plan amendment or directed payment preprint;
14and (ii) the assessment imposed under this Article is
15determined to be a permissible tax under Title XIX of the
16Social Security Act. In determining the hospital access
17payments authorized under subsection (g) of this Section, if a
18hospital ceases to qualify for payments from the pool, the
19payments for all hospitals continuing to qualify for payments
20from such pool shall be uniformly adjusted to fully expend the
21aggregate net amount of the pool, with such adjustment being
22effective on the first day of the second month following the
23date the hospital ceases to receive payments from such pool.
24    (b) Amounts moved into claims-based rates and distributed
25in accordance with Section 14-12 shall remain in those
26claims-based rates.

 

 

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1    (c) Graduate medical education.
2        (1) The calculation of graduate medical education
3    payments shall be based on the hospital's Medicare cost
4    report ending in Calendar Year 2018, as reported in the
5    Healthcare Cost Report Information System file, release
6    date September 30, 2019. An Illinois hospital reporting
7    intern and resident cost on its Medicare cost report shall
8    be eligible for graduate medical education payments.
9        (2) Each hospital's annualized Medicaid Intern
10    Resident Cost is calculated using annualized intern and
11    resident total costs obtained from Worksheet B Part I,
12    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
13    96-98, and 105-112 multiplied by the percentage that the
14    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
15    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
16    hospital's total days (Worksheet S3 Part I, Column 8,
17    Lines 14, 16-18, and 32).
18        (3) An annualized Medicaid indirect medical education
19    (IME) payment is calculated for each hospital using its
20    IME payments (Worksheet E Part A, Line 29, Column 1)
21    multiplied by the percentage that its Medicaid days
22    (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
23    and 32) comprise of its Medicare days (Worksheet S3 Part
24    I, Column 6, Lines 2, 3, 4, 14, and 16-18).
25        (4) For each hospital, its annualized Medicaid Intern
26    Resident Cost and its annualized Medicaid IME payment are

 

 

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1    summed, and, except as capped at 120% of the average cost
2    per intern and resident for all qualifying hospitals as
3    calculated under this paragraph, is multiplied by 22.6% to
4    determine the hospital's final graduate medical education
5    payment. Each hospital's average cost per intern and
6    resident shall be calculated by summing its total
7    annualized Medicaid Intern Resident Cost plus its
8    annualized Medicaid IME payment and dividing that amount
9    by the hospital's total Full Time Equivalent Residents and
10    Interns. If the hospital's average per intern and resident
11    cost is greater than 120% of the same calculation for all
12    qualifying hospitals, the hospital's per intern and
13    resident cost shall be capped at 120% of the average cost
14    for all qualifying hospitals.
15    (d) Fee-for-service supplemental payments. Each Illinois
16hospital shall receive an annual payment equal to the amounts
17below, to be paid in 12 equal installments on or before the
18seventh State business day of each month, except that no
19payment shall be due within 30 days after the later of the date
20of notification of federal approval of the payment
21methodologies required under this Section or any waiver
22required under 42 CFR 433.68, at which time the sum of amounts
23required under this Section prior to the date of notification
24is due and payable.
25        (1) For critical access hospitals, $385 per covered
26    inpatient day contained in paid fee-for-service claims and

 

 

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1    $530 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        (2) For safety-net hospitals, $960 per covered
5    inpatient day contained in paid fee-for-service claims and
6    $625 per paid fee-for-service outpatient claim for dates
7    of service in Calendar Year 2019 in the Department's
8    Enterprise Data Warehouse as of May 11, 2020.
9        (3) For long term acute care hospitals, $295 per
10    covered inpatient day contained in paid fee-for-service
11    claims for dates of service in Calendar Year 2019 in the
12    Department's Enterprise Data Warehouse as of May 11, 2020.
13        (4) For freestanding psychiatric hospitals, $125 per
14    covered inpatient day contained in paid fee-for-service
15    claims and $130 per paid fee-for-service outpatient claim
16    for dates of service in Calendar Year 2019 in the
17    Department's Enterprise Data Warehouse as of May 11, 2020.
18        (5) For freestanding rehabilitation hospitals, $355
19    per covered inpatient day contained in paid
20    fee-for-service claims for dates of service in Calendar
21    Year 2019 in the Department's Enterprise Data Warehouse as
22    of May 11, 2020.
23        (6) For all general acute care hospitals and high
24    Medicaid hospitals as defined in subsection (f), $350 per
25    covered inpatient day for dates of service in Calendar
26    Year 2019 contained in paid fee-for-service claims and

 

 

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1    $620 per paid fee-for-service outpatient claim in the
2    Department's Enterprise Data Warehouse as of May 11, 2020.
3        (7) Alzheimer's treatment access payment. Each
4    Illinois academic medical center or teaching hospital, as
5    defined in Section 5-5e.2 of this Code, that is identified
6    as the primary hospital affiliate of one of the Regional
7    Alzheimer's Disease Assistance Centers, as designated by
8    the Alzheimer's Disease Assistance Act and identified in
9    the Department of Public Health's Alzheimer's Disease
10    State Plan dated December 2016, shall be paid an
11    Alzheimer's treatment access payment equal to the product
12    of the qualifying hospital's State Fiscal Year 2018 total
13    inpatient fee-for-service days multiplied by the
14    applicable Alzheimer's treatment rate of $226.30 for
15    hospitals located in Cook County and $116.21 for hospitals
16    located outside Cook County.
17    (e) The Department shall require managed care
18organizations (MCOs) to make directed payments and
19pass-through payments according to this Section. Each calendar
20year, the Department shall require MCOs to pay the maximum
21amount out of these funds as allowed as pass-through payments
22under federal regulations. The Department shall require MCOs
23to make such pass-through payments as specified in this
24Section. The Department shall require the MCOs to pay the
25remaining amounts as directed Payments as specified in this
26Section. The Department shall issue payments to the

 

 

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1Comptroller by the seventh business day of each month for all
2MCOs that are sufficient for MCOs to make the directed
3payments and pass-through payments according to this Section.
4The Department shall require the MCOs to make pass-through
5payments and directed payments using electronic funds
6transfers (EFT), if the hospital provides the information
7necessary to process such EFTs, in accordance with directions
8provided monthly by the Department, within 7 business days of
9the date the funds are paid to the MCOs, as indicated by the
10"Paid Date" on the website of the Office of the Comptroller if
11the funds are paid by EFT and the MCOs have received directed
12payment instructions. If funds are not paid through the
13Comptroller by EFT, payment must be made within 7 business
14days of the date actually received by the MCO. The MCO will be
15considered to have paid the pass-through payments when the
16payment remittance number is generated or the date the MCO
17sends the check to the hospital, if EFT information is not
18supplied. If an MCO is late in paying a pass-through payment or
19directed payment as required under this Section (including any
20extensions granted by the Department), it shall pay a penalty,
21unless waived by the Department for reasonable cause, to the
22Department equal to 5% of the amount of the pass-through
23payment or directed payment not paid on or before the due date
24plus 5% of the portion thereof remaining unpaid on the last day
25of each 30-day period thereafter. Payments to MCOs that would
26be paid consistent with actuarial certification and enrollment

 

 

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

 

 

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1    period. For the period July 1, 2020 through December 31,
2    2020, the applicable period for the Medicaid Inpatient
3    Utilization Rate (MIUR) is the rate year 2020 MIUR and for
4    the number of inpatient days it is State fiscal year 2018.
5    Beginning in calendar year 2021, the Department shall use
6    the most recently determined MIUR, as defined in
7    subsection (h) of Section 5-5.02, and for the inpatient
8    day threshold, the State fiscal year ending 18 months
9    prior to the beginning of the calendar year. For purposes
10    of calculating MIUR under this Section, children's
11    hospitals and affiliated general acute care hospitals
12    shall be considered a single hospital.
13        (G) General acute care hospitals. As used under this
14    Section, "general acute care hospitals" means all other
15    Illinois hospitals not identified in subparagraphs (A)
16    through (F).
17    (2) Hospitals' qualification for each class shall be
18assessed prior to the beginning of each calendar year and the
19new class designation shall be effective January 1 of the next
20year. The Department shall publish by rule the process for
21establishing class determination.
22    (g) Fixed pool directed payments. Beginning July 1, 2020,
23the Department shall issue payments to MCOs which shall be
24used to issue directed payments to qualified Illinois
25safety-net hospitals and critical access hospitals on a
26monthly basis in accordance with this subsection. Prior to the

 

 

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1beginning of each Payout Quarter beginning July 1, 2020, the
2Department shall use encounter claims data from the
3Determination Quarter, accepted by the Department's Medicaid
4Management Information System for inpatient and outpatient
5services rendered by safety-net hospitals and critical access
6hospitals to determine a quarterly uniform per unit add-on for
7each hospital class.
8        (1) Inpatient per unit add-on. A quarterly uniform per
9    diem add-on shall be derived by dividing the quarterly
10    Inpatient Directed Payments Pool amount allocated to the
11    applicable hospital class by the total inpatient days
12    contained on all encounter claims received during the
13    Determination Quarter, for all hospitals in the class.
14            (A) Each hospital in the class shall have a
15        quarterly inpatient directed payment calculated that
16        is equal to the product of the number of inpatient days
17        attributable to the hospital used in the calculation
18        of the quarterly uniform class per diem add-on,
19        multiplied by the calculated applicable quarterly
20        uniform class per diem add-on of the hospital class.
21            (B) Each hospital shall be paid 1/3 of its
22        quarterly inpatient directed payment in each of the 3
23        months of the Payout Quarter, in accordance with
24        directions provided to each MCO by the Department.
25        (2) Outpatient per unit add-on. A quarterly uniform
26    per claim add-on shall be derived by dividing the

 

 

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

 

 

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1    the following amounts shall be allocated to the following
2    hospital class directed payment pools for the quarterly
3    development of a uniform per unit add-on:
4            (A) $2,894,500 for hospital inpatient services for
5        critical access hospitals.
6            (B) $4,294,374 for hospital outpatient services
7        for critical access hospitals.
8            (C) $29,109,330 for hospital inpatient services
9        for safety-net hospitals.
10            (D) $35,041,218 for hospital outpatient services
11        for safety-net hospitals.
12    (h) Fixed rate directed payments. Effective July 1, 2020,
13the Department shall issue payments to MCOs which shall be
14used to issue directed payments to Illinois hospitals not
15identified in paragraph (g) on a monthly basis. Prior to the
16beginning of each Payout Quarter beginning July 1, 2020, the
17Department shall use encounter claims data from the
18Determination Quarter, accepted by the Department's Medicaid
19Management Information System for inpatient and outpatient
20services rendered by hospitals in each hospital class
21identified in paragraph (f) and not identified in paragraph
22(g). For the period July 1, 2020 through December 2020, the
23Department shall direct MCOs to make payments as follows:
24        (1) For general acute care hospitals an amount equal
25    to $1,750 multiplied by the hospital's category of service
26    20 case mix index for the determination quarter multiplied

 

 

HB0159- 143 -LRB102 10243 CPF 15569 b

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

 

 

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1    by the hospital's total number of category of service 29
2    paid EAPGs for the determination quarter.
3        (7) For high Medicaid hospitals an amount equal to
4    $1,800 multiplied by the hospital's category of service 20
5    case mix index for the determination quarter multiplied by
6    the hospital's total number of inpatient admissions for
7    category of service 20 for the determination quarter.
8        (8) For high Medicaid hospitals an amount equal to
9    $160 multiplied by the hospital's category of service 21
10    case mix index for the determination quarter multiplied by
11    the hospital's total number of inpatient admissions for
12    category of service 21 for the determination quarter.
13        (9) For high Medicaid hospitals an amount equal to $80
14    multiplied by the hospital's category of service 22 case
15    mix index for the determination quarter multiplied by the
16    hospital's total number of inpatient admissions for
17    category of service 22 for the determination quarter.
18        (10) For high Medicaid hospitals an amount equal to
19    $400 multiplied by the hospital's category of service 24
20    case mix index for the determination quarter multiplied by
21    the hospital's total number of category of service 24 paid
22    EAPG outpatient claims for the determination quarter.
23        (11) For high Medicaid hospitals an amount equal to
24    $240 multiplied by the hospital's category of service 27
25    and 28 case mix index for the determination quarter
26    multiplied by the hospital's total number of category of

 

 

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1    service 27 and 28 paid EAPGs for the determination
2    quarter.
3        (12) For high Medicaid hospitals an amount equal to
4    $290 multiplied by the hospital's category of service 29
5    case mix index for the determination quarter multiplied by
6    the hospital's total number of category of service 29 paid
7    EAPGs for the determination quarter.
8        (13) For long term acute care hospitals the amount of
9    $495 multiplied by the hospital's total number of
10    inpatient days for the determination quarter.
11        (14) For psychiatric hospitals the amount of $210
12    multiplied by the hospital's total number of inpatient
13    days for category of service 21 for the determination
14    quarter.
15        (15) For psychiatric hospitals the amount of $250
16    multiplied by the hospital's total number of outpatient
17    claims for category of service 27 and 28 for the
18    determination quarter.
19        (16) For rehabilitation hospitals the amount of $410
20    multiplied by the hospital's total number of inpatient
21    days for category of service 22 for the determination
22    quarter.
23        (17) For rehabilitation hospitals the amount of $100
24    multiplied by the hospital's total number of outpatient
25    claims for category of service 29 for the determination
26    quarter.

 

 

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

 

 

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1        weight of all inpatient Diagnosis-Related Group (DRG)
2        claims for a category of service in the applicable
3        Determination Quarter and dividing the sum by the
4        number of sum total of all inpatient DRG admissions
5        for the category of service for the associated claims.
6        The case mix index for outpatient claims is calculated
7        each quarter by summing the relative weight of all
8        paid EAPGs in the applicable Determination Quarter and
9        dividing the sum by the sum total of paid EAPGs for the
10        associated claims.
11    (i) Beginning January 1, 2021, the rates for directed
12payments shall be recalculated in order to spend the
13additional funds for directed payments that result from
14reduction in the amount of pass-through payments allowed under
15federal regulations. The additional funds for directed
16payments shall be allocated proportionally to each class of
17hospitals based on that class' proportion of services.
18    (j) Pass-through payments.
19        (1) For the period July 1, 2020 through December 31,
20    2020, the Department shall assign quarterly pass-through
21    payments to each class of hospitals equal to one-fourth of
22    the following annual allocations:
23            (A) $390,487,095 to safety-net hospitals.
24            (B) $62,553,886 to critical access hospitals.
25            (C) $345,021,438 to high Medicaid hospitals.
26            (D) $551,429,071 to general acute care hospitals.

 

 

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1            (E) $27,283,870 to long term acute care hospitals.
2            (F) $40,825,444 to freestanding psychiatric
3        hospitals.
4            (G) $9,652,108 to freestanding rehabilitation
5        hospitals.
6        (2) The pass-through payments shall at a minimum
7    ensure hospitals receive a total amount of monthly
8    payments under this Section as received in calendar year
9    2019 in accordance with this Article and paragraph (1) of
10    subsection (d-5) of Section 14-12, exclusive of amounts
11    received through payments referenced in subsection (b).
12        (3) For the calendar year beginning January 1, 2021,
13    and each calendar year thereafter, each hospital's
14    pass-through payment amount shall be reduced
15    proportionally to the reduction of all pass-through
16    payments required by federal regulations.
17    (k) At least 30 days prior to each calendar year, the
18Department shall notify each hospital of changes to the
19payment methodologies in this Section, including, but not
20limited to, changes in the fixed rate directed payment rates,
21the aggregate pass-through payment amount for all hospitals,
22and the hospital's pass-through payment amount for the
23upcoming calendar year.
24    (l) Notwithstanding any other provisions of this Section,
25the Department may adopt rules to change the methodology for
26directed and pass-through payments as set forth in this

 

 

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1Section, but only to the extent necessary to obtain federal
2approval of a necessary State Plan amendment or Directed
3Payment Preprint or to otherwise conform to federal law or
4federal regulation.
5    (m) As used in this subsection, "managed care
6organization" or "MCO" means an entity which contracts with
7the Department to provide services where payment for medical
8services is made on a capitated basis, excluding contracted
9entities for dual eligible or Department of Children and
10Family Services youth populations.
11    (n) In order to address the escalating infant mortality
12rates among minority communities in Illinois, the State shall,
13subject to appropriation, create a pool of funding of at least
14$50,000,000 annually to be dispersed among safety-net
15hospitals that maintain perinatal designation from the
16Department of Public Health. The funding shall be used to
17preserve or enhance OB/GYN services or other specialty
18services at the receiving hospital.
19(Source: P.A. 101-650, eff. 7-7-20.)
 
20
Article 110.

 
21    Section 110-1. Short title. This Article may be cited as
22the Racial Impact Note Act.
 
23    Section 110-5. Racial impact note.

 

 

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1    (a) Every bill which has or could have a disparate impact
2on racial and ethnic minorities, upon the request of any
3member, shall have prepared for it, before second reading in
4the house of introduction, a brief explanatory statement or
5note that shall include a reliable estimate of the anticipated
6impact on those racial and ethnic minorities likely to be
7impacted by the bill. Each racial impact note must include,
8for racial and ethnic minorities for which data are available:
9(i) an estimate of how the proposed legislation would impact
10racial and ethnic minorities; (ii) a statement of the
11methodologies and assumptions used in preparing the estimate;
12(iii) an estimate of the racial and ethnic composition of the
13population who may be impacted by the proposed legislation,
14including those persons who may be negatively impacted and
15those persons who may benefit from the proposed legislation;
16and (iv) any other matter that a responding agency considers
17appropriate in relation to the racial and ethnic minorities
18likely to be affected by the bill.
 
19    Section 110-10. Preparation.
20    (a) The sponsor of each bill for which a request under
21Section 110-5 has been made shall present a copy of the bill
22with the request for a racial impact note to the appropriate
23responding agency or agencies under subsection (b). The
24responding agency or agencies shall prepare and submit the
25note to the sponsor of the bill within 5 calendar days, except

 

 

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1that whenever, because of the complexity of the measure,
2additional time is required for the preparation of the racial
3impact note, the responding agency or agencies may inform the
4sponsor of the bill, and the sponsor may approve an extension
5of the time within which the note is to be submitted, not to
6extend, however, beyond June 15, following the date of the
7request. If, in the opinion of the responding agency or
8agencies, there is insufficient information to prepare a
9reliable estimate of the anticipated impact, a statement to
10that effect can be filed and shall meet the requirements of
11this Act.
12    (b) If a bill concerns arrests, convictions, or law
13enforcement, a statement shall be prepared by the Illinois
14Criminal Justice Information Authority specifying the impact
15on racial and ethnic minorities. If a bill concerns
16corrections, sentencing, or the placement of individuals
17within the Department of Corrections, a statement shall be
18prepared by the Department of Corrections specifying the
19impact on racial and ethnic minorities. If a bill concerns
20local government, a statement shall be prepared by the
21Department of Commerce and Economic Opportunity specifying the
22impact on racial and ethnic minorities. If a bill concerns
23education, one of the following agencies shall prepare a
24statement specifying the impact on racial and ethnic
25minorities: (i) the Illinois Community College Board, if the
26bill affects community colleges; (ii) the Illinois State Board

 

 

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1of Education, if the bill affects primary and secondary
2education; or (iii) the Illinois Board of Higher Education, if
3the bill affects State universities. Any other State agency
4impacted or responsible for implementing all or part of this
5bill shall prepare a statement of the racial and ethnic impact
6of the bill as it relates to that agency.
 
7    Section 110-15. Requisites and contents. The note shall be
8factual in nature, as brief and concise as may be, and, in
9addition, it shall include both the immediate effect and, if
10determinable or reasonably foreseeable, the long range effect
11of the measure on racial and ethnic minorities. If, after
12careful investigation, it is determined that such an effect is
13not ascertainable, the note shall contain a statement to that
14effect, setting forth the reasons why no ascertainable effect
15can be given.
 
16    Section 110-20. Comment or opinion; technical or
17mechanical defects. No comment or opinion shall be included
18in the racial impact note with regard to the merits of the
19measure for which the racial impact note is prepared; however,
20technical or mechanical defects may be noted.
 
21    Section 110-25. Appearance of State officials and
22employees in support or opposition of measure. The fact that a
23racial impact note is prepared for any bill shall not preclude

 

 

HB0159- 153 -LRB102 10243 CPF 15569 b

1or restrict the appearance before any committee of the General
2Assembly of any official or authorized employee of the
3responding agency or agencies, or any other impacted State
4agency, who desires to be heard in support of or in opposition
5to the measure.
 
6
Article 115.

 
7    Section 115-5. The Illinois Public Aid Code is amended by
8adding Section 14-14 as follows:
 
9    (305 ILCS 5/14-14 new)
10    Sec. 14-14. Increasing access to primary care in
11hospitals. The Department of Healthcare and Family Services
12shall develop a program to encourage coordination between
13Federally Qualified Health Centers (FQHCs) and hospitals,
14including, but not limited to, safety-net hospitals, with the
15goal of increasing care coordination, managing chronic
16diseases, and addressing the social determinants of health on
17or before December 31, 2021. In addition, the Department shall
18develop a payment methodology to allow FQHCs to provide care
19coordination services, including, but not limited to, chronic
20disease management and behavioral health services. The
21Department of Healthcare and Family Services shall develop a
22payment methodology to allow for care coordination services in
23FQHCs by no later than December 31, 2021.
 

 

 

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1
Article 120.

 
2    Section 120-5. The Civil Administrative Code of Illinois
3is amended by changing Section 5-565 as follows:
 
4    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
5    Sec. 5-565. In the Department of Public Health.
6    (a) The General Assembly declares it to be the public
7policy of this State that all residents citizens of Illinois
8are entitled to lead healthy lives. Governmental public health
9has a specific responsibility to ensure that a public health
10system is in place to allow the public health mission to be
11achieved. The public health system is the collection of
12public, private, and voluntary entities as well as individuals
13and informal associations that contribute to the public's
14health within the State. To develop a public health system
15requires certain core functions to be performed by government.
16The State Board of Health is to assume the leadership role in
17advising the Director in meeting the following functions:
18        (1) Needs assessment.
19        (2) Statewide health objectives.
20        (3) Policy development.
21        (4) Assurance of access to necessary services.
22    There shall be a State Board of Health composed of 20
23persons, all of whom shall be appointed by the Governor, with

 

 

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1the advice and consent of the Senate for those appointed by the
2Governor on and after June 30, 1998, and one of whom shall be a
3senior citizen age 60 or over. Five members shall be
4physicians licensed to practice medicine in all its branches,
5one representing a medical school faculty, one who is board
6certified in preventive medicine, and one who is engaged in
7private practice. One member shall be a chiropractic
8physician. One member shall be a dentist; one an environmental
9health practitioner; one a local public health administrator;
10one a local board of health member; one a registered nurse; one
11a physical therapist; one an optometrist; one a veterinarian;
12one a public health academician; one a health care industry
13representative; one a representative of the business
14community; one a representative of the non-profit public
15interest community; and 2 shall be citizens at large.
16    The terms of Board of Health members shall be 3 years,
17except that members shall continue to serve on the Board of
18Health until a replacement is appointed. Upon the effective
19date of Public Act 93-975 (January 1, 2005) this amendatory
20Act of the 93rd General Assembly, in the appointment of the
21Board of Health members appointed to vacancies or positions
22with terms expiring on or before December 31, 2004, the
23Governor shall appoint up to 6 members to serve for terms of 3
24years; up to 6 members to serve for terms of 2 years; and up to
255 members to serve for a term of one year, so that the term of
26no more than 6 members expire in the same year. All members

 

 

HB0159- 156 -LRB102 10243 CPF 15569 b

1shall be legal residents of the State of Illinois. The duties
2of the Board shall include, but not be limited to, the
3following:
4        (1) To advise the Department of ways to encourage
5    public understanding and support of the Department's
6    programs.
7        (2) To evaluate all boards, councils, committees,
8    authorities, and bodies advisory to, or an adjunct of, the
9    Department of Public Health or its Director for the
10    purpose of recommending to the Director one or more of the
11    following:
12            (i) The elimination of bodies whose activities are
13        not consistent with goals and objectives of the
14        Department.
15            (ii) The consolidation of bodies whose activities
16        encompass compatible programmatic subjects.
17            (iii) The restructuring of the relationship
18        between the various bodies and their integration
19        within the organizational structure of the Department.
20            (iv) The establishment of new bodies deemed
21        essential to the functioning of the Department.
22        (3) To serve as an advisory group to the Director for
23    public health emergencies and control of health hazards.
24        (4) To advise the Director regarding public health
25    policy, and to make health policy recommendations
26    regarding priorities to the Governor through the Director.

 

 

HB0159- 157 -LRB102 10243 CPF 15569 b

1        (5) To present public health issues to the Director
2    and to make recommendations for the resolution of those
3    issues.
4        (6) To recommend studies to delineate public health
5    problems.
6        (7) To make recommendations to the Governor through
7    the Director regarding the coordination of State public
8    health activities with other State and local public health
9    agencies and organizations.
10        (8) To report on or before February 1 of each year on
11    the health of the residents of Illinois to the Governor,
12    the General Assembly, and the public.
13        (9) To review the final draft of all proposed
14    administrative rules, other than emergency or peremptory
15    preemptory rules and those rules that another advisory
16    body must approve or review within a statutorily defined
17    time period, of the Department after September 19, 1991
18    (the effective date of Public Act 87-633). The Board shall
19    review the proposed rules within 90 days of submission by
20    the Department. The Department shall take into
21    consideration any comments and recommendations of the
22    Board regarding the proposed rules prior to submission to
23    the Secretary of State for initial publication. If the
24    Department disagrees with the recommendations of the
25    Board, it shall submit a written response outlining the
26    reasons for not accepting the recommendations.

 

 

HB0159- 158 -LRB102 10243 CPF 15569 b

1        In the case of proposed administrative rules or
2    amendments to administrative rules regarding immunization
3    of children against preventable communicable diseases
4    designated by the Director under the Communicable Disease
5    Prevention Act, after the Immunization Advisory Committee
6    has made its recommendations, the Board shall conduct 3
7    public hearings, geographically distributed throughout the
8    State. At the conclusion of the hearings, the State Board
9    of Health shall issue a report, including its
10    recommendations, to the Director. The Director shall take
11    into consideration any comments or recommendations made by
12    the Board based on these hearings.
13        (10) To deliver to the Governor for presentation to
14    the General Assembly a State Health Assessment (SHA) and a
15    State Health Improvement Plan (SHIP). The first 5 3 such
16    plans shall be delivered to the Governor on January 1,
17    2006, January 1, 2009, and January 1, 2016, January 1,
18    2021, and June 30, 2022, and then every 5 years
19    thereafter.
20        The State Health Assessment and State Health
21    Improvement Plan Plan shall assess and recommend
22    priorities and strategies to improve the public health
23    system, and the health status of Illinois residents,
24    reduce health disparities and inequities, and promote
25    health equity. The State Health Assessment and State
26    Health Improvement Plan development and implementation

 

 

HB0159- 159 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 160 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 161 -LRB102 10243 CPF 15569 b

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

 

 

HB0159- 162 -LRB102 10243 CPF 15569 b

1    Health to also serve on the Partnership. A member of the
2    Governors' staff shall participate in the Partnership and
3    serve as a liaison to the Governors' office.
4        The Director of the Illinois Department of Public
5    Health shall appoint a minimum of 15 other members of the
6    SHA and SHIP Partnership representing a Planning Team that
7    includes a range of public, private, and voluntary sector
8    stakeholders and participants in the public health system.
9    For the first SHA and SHIP Partnership after the effective
10    date of this amendatory Act of the 102nd General Assembly,
11    one-half of the members shall be appointed for a 3-year
12    term, and one-half of the members shall be appointed for a
13    5-year term. Subsequently, members shall be appointed to
14    5-year terms. Should any member not be able to fulfill his
15    or her term, the Director may appoint a replacement to
16    complete that term. The Director, in consultation with the
17    SHA and SHIP Partnership, may engage additional
18    individuals and organizations to serve on subcommittees
19    and ad hoc efforts to conduct the State Health Assessment
20    and develop and implement the State Health Improvement
21    Plan. Members of the SHA and SHIP Partnership shall
22    receive no compensation for serving as members, but may be
23    reimbursed for their necessary expenses if departmental
24    resources allow.
25        The SHA and SHIP Partnership This Team shall include:
26    the directors of State agencies with public health

 

 

HB0159- 163 -LRB102 10243 CPF 15569 b

1    responsibilities (or their designees), including but not
2    limited to the Illinois Departments of Public Health and
3    Department of Human Services, representatives of local
4    health departments, representatives of local community
5    health partnerships, and individuals with expertise who
6    represent an array of organizations and constituencies
7    engaged in public health improvement and prevention, such
8    as non-profit public interest groups, groups serving
9    populations that experience health disparities and health
10    inequities, groups addressing social determinants of
11    health, health issue groups, faith community groups,
12    health care providers, businesses and employers, academic
13    institutions, and community-based organizations.
14        The Director shall endeavor to make the membership of
15    the Partnership diverse and inclusive of the racial,
16    ethnic, gender, socio-economic, and geographic diversity
17    of the State. The SHA and SHIP Partnership shall be
18    chaired by the Director of Public Health or his or her
19    designee.
20        The SHA and SHIP Partnership shall develop and
21    implement a community engagement process that facilitates
22    input into the development of the State Health Assessment
23    and State Health Improvement Plan. This engagement process
24    shall ensure that individuals with lived experience in the
25    issues addressed in the State Health Assessment and State
26    Health Improvement Plan are meaningfully engaged in the

 

 

HB0159- 164 -LRB102 10243 CPF 15569 b

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

 

 

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

 

 

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

 

 

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

 

 

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1    (c) An Advisory Board on Necropsy Service to Coroners,
2which shall counsel and advise with the Director on the
3administration of the Autopsy Act. The Advisory Board shall
4consist of 11 members, including a senior citizen age 60 or
5over, appointed by the Governor, one of whom shall be
6designated as chairman by a majority of the members of the
7Board. In the appointment of the first Board the Governor
8shall appoint 3 members to serve for terms of 1 year, 3 for
9terms of 2 years, and 3 for terms of 3 years. The members first
10appointed under Public Act 83-1538 shall serve for a term of 3
11years. All members appointed thereafter shall be appointed for
12terms of 3 years, except that when an appointment is made to
13fill a vacancy, the appointment shall be for the remaining
14term of the position vacant. The members of the Board shall be
15citizens of the State of Illinois. In the appointment of
16members of the Advisory Board the Governor shall appoint 3
17members who shall be persons licensed to practice medicine and
18surgery in the State of Illinois, at least 2 of whom shall have
19received post-graduate training in the field of pathology; 3
20members who are duly elected coroners in this State; and 5
21members who shall have interest and abilities in the field of
22forensic medicine but who shall be neither persons licensed to
23practice any branch of medicine in this State nor coroners. In
24the appointment of medical and coroner members of the Board,
25the Governor shall invite nominations from recognized medical
26and coroners organizations in this State respectively. Board

 

 

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1members, while serving on business of the Board, shall receive
2actual necessary travel and subsistence expenses while so
3serving away from their places of residence.
4(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
5revised 7-17-19.)
 
6
Article 125.

 
7    Section 125-1. Short title. This Article may be cited as
8the Health and Human Services Task Force and Study Act.
9References in this Article to "this Act" mean this Article.
 
10    Section 125-5. Findings. The General Assembly finds that:
11        (1) The State is committed to improving the health and
12    well-being of Illinois residents and families.
13        (2) According to data collected by the Kaiser
14    Foundation, Illinois had over 905,000 uninsured residents
15    in 2019, with a total uninsured rate of 7.3%.
16        (3) Many Illinois residents and families who have
17    health insurance cannot afford to use it due to high
18    deductibles and cost sharing.
19        (4) Lack of access to affordable health care services
20    disproportionately affects minority communities
21    throughout the State, leading to poorer health outcomes
22    among those populations.
23        (5) Illinois Medicaid beneficiaries are not receiving

 

 

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

 

 

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1    or long-term exposure to substantial discrimination,
2    historical oppression, intergenerational poverty, a high
3    rate of violence or drug overdose deaths, should have an
4    opportunity for improved outcomes; this means increasing
5    access to greater opportunities to meet educational,
6    employment, health, developmental, community reentry,
7    permanency from foster care, or other key goals.
 
8    Section 125-10. Health and Human Services Task Force. The
9Health and Human Services Task Force is created within the
10Department of Human Services to undertake a systematic review
11of health and human service departments and programs with the
12goal of improving health and human service outcomes for
13Illinois residents.
 
14    Section 125-15. Study.
15    (1) The Task Force shall review all health and human
16service departments and programs and make recommendations for
17achieving a system that will improve interagency
18interoperability with respect to improving access to
19healthcare, healthcare disparities, workforce competency and
20diversity, social determinants of health, and data sharing and
21collection. These recommendations shall include, but are not
22limited to, the following elements:
23        (i) impact on infant and maternal mortality;
24        (ii) impact of hospital closures, including safety-net

 

 

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

 

 

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1to, Medicaid and other health care programs administered by
2the State, and increase awareness of trauma and its effects on
3communities across Illinois.
4    (5) The Task Force shall review and examine the connection
5between access to education and health outcomes particularly
6in African American and minority communities and make
7recommendations on public policies to address any gaps or
8deficiencies.
 
9    Section 125-20. Membership; appointments; meetings;
10support.
11    (1) The Task Force shall include representation from both
12public and private organizations, and its membership shall
13reflect regional, racial, and cultural diversity to ensure
14representation of the needs of all Illinois citizens. Task
15Force members shall include one member appointed by the
16President of the Senate, one member appointed by the Minority
17Leader of the Senate, one member appointed by the Speaker of
18the House of Representatives, one member appointed by the
19Minority Leader of the House of Representatives, and other
20members appointed by the Governor. The Governor's appointments
21shall include, without limitation, the following:
22        (A) One member of the Senate, appointed by the Senate
23    President, who shall serve as Co-Chair;
24        (B) One member of the House of Representatives,
25    appointed by the Speaker of the House, who shall serve as

 

 

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

 

 

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

 

 

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1administrative support to the Task Force.
 
2    Section 125-25. Report. The Task Force shall report to the
3Governor and the General Assembly on the Task Force's progress
4toward its goals and objectives by June 30, 2021, and every
5June 30 thereafter.
 
6    Section 125-30. Transparency. In addition to whatever
7policies or procedures it may adopt, all operations of the
8Task Force shall be subject to the provisions of the Freedom of
9Information Act and the Open Meetings Act. This Section shall
10not be construed so as to preclude other State laws from
11applying to the Task Force and its activities.
 
12    Section 125-40. Repeal. This Article is repealed June 30,
132023.
 
14
Article 130.

 
15    Section 130-1. Short title. This Article may be cited as
16the Anti-Racism Commission Act. References in this Article to
17"this Act" mean this Article.
 
18    Section 130-5. Findings. The General Assembly finds and
19declares all of the following:
20        (1) Public health is the science and art of preventing

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (11) Encouraging community partners and stakeholders
2    in the education, employment, housing, criminal justice,
3    and safety arenas to recognize racism as a public health
4    crisis and to implement policy recommendations.
5        (12) Identifying clear goals and objectives, including
6    specific benchmarks, to assess progress.
7        (13) Holding public hearings across Illinois to
8    continue to explore and to recommend needed action by the
9    General Assembly.
10        (14) Working with the Governor and the General
11    Assembly to identify the necessary funds to support the
12    Anti-Racism Commission and its endeavors.
13        (15) Identifying resources to allocate to Black and
14    Brown communities on an annual basis.
15        (16) Encouraging corporate investment in anti-racism
16    policies in Black and Brown communities.
17    (e) The Commission shall submit its final report to the
18Governor and the General Assembly no later than December 31,
192021. The Commission is dissolved upon the filing of its
20report.
 
21    Section 130-15. Repeal. This Article is repealed on
22January 1, 2023.
 
23
Article 131.

 

 

 

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1    Section 131-1. Short title. This Article may be cited as
2the Sickle Cell Prevention, Care, and Treatment Program Act.
3References in this Article to "this Act" mean this Article.
 
4    Section 131-5. Definitions. As used in this Act:
5    "Department" means the Department of Public Health.
6    "Program" means the Sickle Cell Prevention, Care, and
7Treatment Program.
 
8    Section 131-10. Sickle Cell Prevention, Care, and
9Treatment Program. The Department shall establish a grant
10program for the purpose of providing for the prevention, care,
11and treatment of sickle cell disease and for educational
12programs concerning the disease.
 
13    Section 131-15. Grants; eligibility standards.
14    (a) The Department shall do the following:
15        (1)(A) Develop application criteria and standards of
16    eligibility for groups or organizations who apply for
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
23        community-based organizations throughout Illinois; and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (6) The underserved areas of Illinois for the
2    treatment of sickle cell disease.
3        (7) Recommendations for actions to address any
4    shortcomings in the State identified under this Section.
5    (c) The Department shall submit a report on the study
6performed under this Section to the General Assembly.
 
7    Section 131-30. Implementation subject to appropriation.
8Implementation of this Act is subject to appropriation.
 
9    Section 131-90. The State Finance Act is amended by adding
10Section 5.936 as follows:
 
11    (30 ILCS 105/5.936 new)
12    Sec. 5.936. The Sickle Cell Chronic Disease Fund.
 
13
Title VII. Hospital Closure

 
14
Article 135.

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

 

 

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

 

 

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

 

 

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1Assembly, have been appointed and can begin to take action as a
2Board.
3    (c) The State Board shall be appointed by the Governor,
4with the advice and consent of the Senate. Not more than 6 5 of
5the appointments shall be of the same political party at the
6time of the appointment.
7    The Secretary of Human Services, the Director of
8Healthcare and Family Services, and the Director of Public
9Health, or their designated representatives, shall serve as
10ex-officio, non-voting members of the State Board.
11    (d) Of those 9 members initially appointed by the Governor
12following the effective date of this amendatory Act of the
1396th General Assembly, 3 shall serve for terms expiring July
141, 2011, 3 shall serve for terms expiring July 1, 2012, and 3
15shall serve for terms expiring July 1, 2013. Thereafter, each
16appointed member shall hold office for a term of 3 years,
17provided that any member appointed to fill a vacancy occurring
18prior to the expiration of the term for which his or her
19predecessor was appointed shall be appointed for the remainder
20of such term and the term of office of each successor shall
21commence on July 1 of the year in which his predecessor's term
22expires. Each member shall hold office until his or her
23successor is appointed and qualified. The Governor may
24reappoint a member for additional terms, but no member shall
25serve more than 3 terms, subject to review and re-approval
26every 3 years.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1The changes made to this subsection by this amendatory Act of
2the 101st General Assembly shall apply to all applications
3submitted after the effective date of this amendatory Act of
4the 101st General Assembly.
5    (b) No later than 30 days after issuance of a permit to
6close a health care facility or discontinue a category of
7service, the permit holder shall give written notice of the
8closure or discontinuation to the State Senator and State
9Representative serving the legislative district in which the
10health care facility is located.
11    (c)(1) If there is a pending lawsuit that challenges an
12application to discontinue a health care facility that either
13names the Board as a party or alleges fraud in the filing of
14the application, the Board may defer action on the application
15for up to 6 months after the date of the initial deferral of
16the application.
17    (2) The Board may defer action on an application to
18discontinue a hospital that is pending before the Board as of
19the effective date of this amendatory Act of the 102nd General
20Assembly for up to 60 days from the effective date of this
21amendatory Act of the 102nd General Assembly.
22    (3) The Board may defer taking final action on an
23application to discontinue a hospital that is filed on or
24after January 12, 2021 until the earlier to occur of: (i) the
25expiration of the statewide disaster declaration proclaimed by
26the Governor of the State of Illinois due to the COVID-19

 

 

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1pandemic that is in effect on January 12, 2021, or any
2extension thereof, or July 1, 2021, whichever occurs later; or
3(ii) the expiration of the declaration of a public health
4emergency due to the COVID-19 pandemic as declared by the
5Secretary of the U.S. Department of Health and Human Services
6that is in effect on January 12, 2021, or any extension
7thereof, or July 1, 2021, whichever occurs later. This
8paragraph (3) is inoperative as of the date of the expiration
9of the statewide disaster declaration proclaimed by the
10Governor of the State of Illinois due to the COVID-19 pandemic
11that is in effect on January 12, 2021, or any extension
12thereof, or July 1, 2021, whichever occurs later.
13    (d) The changes made to this Section by this amendatory
14Act of the 101st General Assembly shall apply to all
15applications submitted after the effective date of this
16amendatory Act of the 101st General Assembly.
17(Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.)
 
18
Title VIII. Managed Care Organization Reform

 
19
Article 150.

 
20    Section 150-5. The Illinois Public Aid Code is amended by
21changing Section 5-30.1 as follows:
 
22    (305 ILCS 5/5-30.1)

 

 

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1    Sec. 5-30.1. Managed care protections.
2    (a) As used in this Section:
3    "Managed care organization" or "MCO" means any entity
4which contracts with the Department to provide services where
5payment for medical services is made on a capitated basis.
6    "Emergency services" include:
7        (1) emergency services, as defined by Section 10 of
8    the Managed Care Reform and Patient Rights Act;
9        (2) emergency medical screening examinations, as
10    defined by Section 10 of the Managed Care Reform and
11    Patient Rights Act;
12        (3) post-stabilization medical services, as defined by
13    Section 10 of the Managed Care Reform and Patient Rights
14    Act; and
15        (4) emergency medical conditions, as defined by
16    Section 10 of the Managed Care Reform and Patient Rights
17    Act.
18    (b) As provided by Section 5-16.12, managed care
19organizations are subject to the provisions of the Managed
20Care Reform and Patient Rights Act.
21    (c) An MCO shall pay any provider of emergency services
22that does not have in effect a contract with the contracted
23Medicaid MCO. The default rate of reimbursement shall be the
24rate paid under Illinois Medicaid fee-for-service program
25methodology, including all policy adjusters, including but not
26limited to Medicaid High Volume Adjustments, Medicaid

 

 

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

 

 

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

 

 

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

 

 

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1        and .
2            (E) require MCOs to ensure that any provider under
3        contract with an MCO on the date of service is paid for
4        any medically necessary service rendered to any of the
5        MCO's enrollees, regardless of inclusion on the MCO's
6        published and publicly available roster of available
7        providers.
8        (2) Each MCO shall confirm its receipt of information
9    submitted specific to physician or dentist additions or
10    physician or dentist deletions from the MCO's provider
11    network within 3 days after receiving all required
12    information from contracted physicians or dentists, and
13    electronic physician and dental directories must be
14    updated consistent with current rules as published by the
15    Centers for Medicare and Medicaid Services or its
16    successor agency.
17    (g) Timely payment of claims.
18        (1) The MCO shall pay a claim within 30 days of
19    receiving a claim that contains all the essential
20    information needed to adjudicate the claim.
21        (2) The MCO shall notify the billing party of its
22    inability to adjudicate a claim within 30 days of
23    receiving that claim.
24        (3) The MCO shall pay a penalty that is at least equal
25    to the timely payment interest penalty imposed under
26    Section 368a of the Illinois Insurance Code for any claims

 

 

HB0159- 205 -LRB102 10243 CPF 15569 b

1    not timely paid.
2            (A) When an MCO is required to pay a timely payment
3        interest penalty to a provider, the MCO must calculate
4        and pay the timely payment interest penalty that is
5        due to the provider within 30 days after the payment of
6        the claim. In no event shall a provider be required to
7        request or apply for payment of any owed timely
8        payment interest penalties.
9            (B) Such payments shall be reported separately
10        from the claim payment for services rendered to the
11        MCO's enrollee and clearly identified as interest
12        payments.
13        (4)(A) The Department shall require MCOs to expedite
14    payments to providers identified on the Department's
15    expedited provider list, determined in accordance with 89
16    Ill. Adm. Code 140.71(b), on a schedule at least as
17    frequently as the providers are paid under the
18    Department's fee-for-service expedited provider schedule.
19            (B) Compliance with the expedited provider
20        requirement may be satisfied by an MCO through the use
21        of a Periodic Interim Payment (PIP) program that has
22        been mutually agreed to and documented between the MCO
23        and the provider, if and the PIP program ensures that
24        any expedited provider receives regular and periodic
25        payments based on prior period payment experience from
26        that MCO. Total payments under the PIP program may be

 

 

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

 

 

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

 

 

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

 

 

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1order to monitor MCO payments to hospital providers, pursuant
2to this amendatory Act of the 100th General Assembly, the
3Department shall post an analysis of MCO claims processing and
4payment performance on its website every 6 months. Such
5analysis shall include a review and evaluation of a
6representative sample of hospital claims that are rejected and
7denied for clean and unclean claims and the top 5 reasons for
8such actions and timeliness of claims adjudication, which
9identifies the percentage of claims adjudicated within 30, 60,
1090, and over 90 days, and the dollar amounts associated with
11those claims. The Department shall post the contracted claims
12report required by HealthChoice Illinois on its website every
133 months.
14    (g-8) Dispute resolution process. The Department shall
15maintain a provider complaint portal through which a provider
16can submit to the Department unresolved disputes with an MCO.
17An unresolved dispute means an MCO's decision that denies in
18whole or in part a claim for reimbursement to a provider for
19health care services rendered by the provider to an enrollee
20of the MCO with which the provider disagrees. Disputes shall
21not be submitted to the portal until the provider has availed
22itself of the MCO's internal dispute resolution process.
23Disputes that are submitted to the MCO internal dispute
24resolution process may be submitted to the Department of
25Healthcare and Family Services' complaint portal no sooner
26than 30 days after submitting to the MCO's internal process

 

 

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1and not later than 30 days after the unsatisfactory resolution
2of the internal MCO process or 60 days after submitting the
3dispute to the MCO internal process. Multiple claim disputes
4involving the same MCO may be submitted in one complaint,
5regardless of whether the claims are for different enrollees,
6when the specific reason for non-payment of the claims
7involves a common question of fact or policy. Within 10
8business days of receipt of a complaint, the Department shall
9present such disputes to the appropriate MCO, which shall then
10have 30 days to issue its written proposal to resolve the
11dispute. The Department may grant one 30-day extension of this
12time frame to one of the parties to resolve the dispute. If the
13dispute remains unresolved at the end of this time frame or the
14provider is not satisfied with the MCO's written proposal to
15resolve the dispute, the provider may, within 30 days, request
16the Department to review the dispute and make a final
17determination. Within 30 days of the request for Department
18review of the dispute, both the provider and the MCO shall
19present all relevant information to the Department for
20resolution and make individuals with knowledge of the issues
21available to the Department for further inquiry if needed.
22Within 30 days of receiving the relevant information on the
23dispute, or the lapse of the period for submitting such
24information, the Department shall issue a written decision on
25the dispute based on contractual terms between the provider
26and the MCO, contractual terms between the MCO and the

 

 

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1Department of Healthcare and Family Services and applicable
2Medicaid policy. The decision of the Department shall be
3final. By January 1, 2020, the Department shall establish by
4rule further details of this dispute resolution process.
5Disputes between MCOs and providers presented to the
6Department for resolution are not contested cases, as defined
7in Section 1-30 of the Illinois Administrative Procedure Act,
8conferring any right to an administrative hearing.
9    (g-9)(1) The Department shall publish annually on its
10website a report on the calculation of each managed care
11organization's medical loss ratio showing the following:
12        (A) Premium revenue, with appropriate adjustments.
13        (B) Benefit expense, setting forth the aggregate
14    amount spent for the following:
15            (i) Direct paid claims.
16            (ii) Subcapitation payments.
17            (iii) Other claim payments.
18            (iv) Direct reserves.
19            (v) Gross recoveries.
20            (vi) Expenses for activities that improve health
21        care quality as allowed by the Department.
22    (2) The medical loss ratio shall be calculated consistent
23with federal law and regulation following a claims runout
24period determined by the Department.
25    (g-10)(1) "Liability effective date" means the date on
26which an MCO becomes responsible for payment for medically

 

 

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

 

 

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

 

 

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1the claim, or after the 90 business days correction period
2following notification to the provider of rejection or denial
3of payment.
4    (h) The Department shall not expand mandatory MCO
5enrollment into new counties beyond those counties already
6designated by the Department as of June 1, 2014 for the
7individuals whose eligibility for medical assistance is not
8the seniors or people with disabilities population until the
9Department provides an opportunity for accountable care
10entities and MCOs to participate in such newly designated
11counties.
12    (i) The requirements of this Section apply to contracts
13with accountable care entities and MCOs entered into, amended,
14or renewed after June 16, 2014 (the effective date of Public
15Act 98-651).
16    (j) Health care information released to managed care
17organizations. A health care provider shall release to a
18Medicaid managed care organization, upon request, and subject
19to the Health Insurance Portability and Accountability Act of
201996 and any other law applicable to the release of health
21information, the health care information of the MCO's
22enrollee, if the enrollee has completed and signed a general
23release form that grants to the health care provider
24permission to release the recipient's health care information
25to the recipient's insurance carrier.
26    (k) The Department of Healthcare and Family Services,

 

 

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1managed care organizations, a statewide organization
2representing a majority of hospitals, and a statewide
3organization representing safety-net hospitals shall explore
4ways to support billing departments in safety-net hospitals.
5    (l) The requirements of this Section added by this
6amendatory Act of the 102nd General Assembly shall apply to
7services provided on or after the first day of the month that
8begins 60 days after the effective date of this amendatory Act
9of the 102nd General Assembly.
10(Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18;
11100-587, eff. 6-4-18; 101-209, eff. 8-5-19.)
 
12
Article 155.

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

 

 

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1        (2) One member of the House of Representatives,
2    appointed by the Speaker of the House of Representatives,
3    who shall serve as co-chair.
4        (3) One member of the House of Representatives,
5    appointed by the Minority Leader of the House of
6    Representatives.
7        (4) One member of the Senate, appointed by the Senate
8    Minority Leader.
9        (5) One member representing the Department of
10    Healthcare and Family Services, appointed by the Governor.
11        (6) One member representing the Department of Public
12    Health, appointed by the Governor.
13        (7) One member representing the Department of Human
14    Services, appointed by the Governor.
15        (8) One member representing the Department of Children
16    and Family Services, appointed by the Governor.
17        (9) One member of a statewide association representing
18    Medicaid managed care plans.
19        (10) One member of a statewide association
20    representing a majority of hospitals.
21        (11) Two academic experts on Medicaid managed care
22    programs.
23        (12) One member of a statewide association
24    representing primary care providers.
25        (13) One member of a statewide association
26    representing behavioral health providers.

 

 

HB0159- 217 -LRB102 10243 CPF 15569 b

1        (14) Members representing Federally Qualified Health
2    Centers, a long-term care association, pharmacies and
3    pharmacists, a developmental disability association, a
4    Medicaid consumer advocate, a Medicaid consumer, an
5    association representing physicians, a behavioral health
6    association, a dental association, and an association
7    representing pediatricians.
8        (15) A member of a statewide association representing
9    only safety-net hospitals.
10    The Commission has the discretion to determine other
11membership.
12    (c) The Director of Healthcare and Family Services and
13chief of staff, or their designees, shall serve as the
14Commission's executive administrators in providing
15administrative support, research support, and other
16administrative tasks requested by the Commission's co-chairs.
17Any expenses, including, but not limited to, travel and
18housing, shall be paid for by the Department's existing
19budget.
20    (d) The members of the Commission shall receive no
21compensation for their services as members of the Commission.
22    (e) The Commission shall meet quarterly beginning as soon
23as is practicable after the effective date of this amendatory
24Act of the 102nd General Assembly.
25    (f) The Commission shall:
26        (1) review data on health outcomes of Medicaid managed

 

 

HB0159- 218 -LRB102 10243 CPF 15569 b

1    care members;
2        (2) review current care coordination and case
3    management efforts and make recommendations on expanding
4    care coordination to additional populations with a focus
5    on the social determinants of health;
6        (3) review and assess the appropriateness of metrics
7    used in the Pay-for-Performance programs;
8        (4) review the Department's prior authorization and
9    utilization management requirements and recommend
10    adaptations for the Medicaid population;
11        (5) review managed care performance in meeting
12    diversity contracting goals and the use of funds dedicated
13    to meeting such goals, including, but not limited to,
14    contracting requirements set forth in the Business
15    Enterprise for Minorities, Women, and Persons with
16    Disabilities Act; recommend strategies to increase
17    compliance with diversity contracting goals in
18    collaboration with the Chief Procurement Officer for
19    General Services and the Business Enterprise Council for
20    Minorities, Women, and Persons with Disabilities; and
21    recoup any misappropriated funds for diversity
22    contracting;
23        (6) review data on the effectiveness of claims
24    processing to medical providers;
25        (7) review member access to health care services in
26    the Medicaid Program, including specialty care services;

 

 

HB0159- 219 -LRB102 10243 CPF 15569 b

1        (8) review value-based and other alternative payment
2    methodologies to make recommendations to enhance program
3    efficiency and improve health outcomes;
4        (9) review the compliance of all managed care entities
5    in State contracts and recommend reasonable financial
6    penalties for any noncompliance;
7        (10) produce an annual report detailing the
8    Commission's findings based upon its review of research
9    conducted under this Section, including specific
10    recommendations, if any, and any other information the
11    Commission may deem proper in furtherance of its duties
12    under this Section;
13        (11) review provider availability and make
14    recommendations to increase providers where needed,
15    including reviewing the regulatory environment and making
16    recommendations for reforms;
17        (12) review capacity for culturally competent
18    services, including translation services among providers;
19    and
20        (13) review and recommend changes to the safety-net
21    hospital definition to create different classifications of
22    safety-net hospitals.
23    (f-5) The Department shall make available upon request the
24analytics of Medicaid managed care clearinghouse data
25regarding claims processing.
26    (g) The Department of Healthcare and Family Services shall

 

 

HB0159- 220 -LRB102 10243 CPF 15569 b

1impose financial penalties on any managed care entity that is
2found to not be in compliance with any provision of a State
3contract. In addition to any financial penalties imposed under
4this subsection, the Department shall recoup any
5misappropriated funds identified by the Commission for the
6purpose of meeting the Business Enterprise Program
7requirements set forth in contracts with managed care
8entities. Any financial penalty imposed or funds recouped in
9accordance with this Section shall be deposited into the
10Managed Care Oversight Fund.
11    When recommending reasonable financial penalties upon a
12finding of noncompliance under this subsection, the Commission
13shall consider the scope and nature of the noncompliance and
14whether or not it was intentional or unreasonable. In imposing
15a financial penalty on any managed care entity that is found to
16not be in compliance, the Department of Healthcare and Family
17Services shall consider the recommendations of the Commission.
18    Upon conclusion by the Department of Healthcare and Family
19Services that any managed care entity is not in compliance
20with its contract with the State based on the findings of the
21Commission, it shall issue the managed care entity a written
22notification of noncompliance. The written notice shall
23specify any financial penalty to be imposed and whether this
24penalty is consistent with the recommendation of the
25Commission. If the specified financial penalty differs from
26the Commission's recommendation, the Department of Healthcare

 

 

HB0159- 221 -LRB102 10243 CPF 15569 b

1and Family Services shall specify why the Department did not
2impose the recommended penalty and how the Department arrived
3at its determination of the reasonableness of the financial
4penalty imposed.
5    Within 14 calendar days after receipt of the notification
6of noncompliance, the managed care entity shall submit a
7written response to the Department of Healthcare and Family
8Services. The response shall indicate whether the managed care
9entity: (i) disputes the determination of noncompliance,
10including any facts or conduct to show compliance; (ii) agrees
11to the determination of noncompliance and any financial
12penalty imposed; or (iii) agrees to the determination of
13noncompliance but disputes the financial penalty imposed.
14    Failure to respond to the notification of noncompliance
15shall be deemed acceptance of the Department of Healthcare and
16Family Services' determination of noncompliance.
17    If a managed care entity disputes any part of the
18Department of Healthcare and Family Services' determination of
19noncompliance, within 30 calendar days of receipt of the
20managed care entity's response the Department shall respond in
21writing whether it (i) agrees to review its determination of
22noncompliance or (ii) disagrees with the entity's disputation.
23    The Department of Healthcare and Family Services shall
24issue a written notice to the Commission of the dispute and its
25chosen response at the same time notice is made to the managed
26care entity.

 

 

HB0159- 222 -LRB102 10243 CPF 15569 b

1    Nothing in this Section limits or alters a person or
2entity's existing rights or protections under State or federal
3law.
4    (h) A decision of the Department of Healthcare and Family
5Services to impose a financial penalty on a managed care
6entity for noncompliance under subsection (g) is subject to
7judicial review under the Administrative Review Law.
8    (i) The Department shall issue quarterly reports to the
9Governor and the General Assembly indicating: (i) the number
10of determinations of noncompliance since the last quarter;
11(ii) the number of financial penalties imposed; and (iii) the
12outcome or status of each determination.
13    (j) Beginning January 1, 2022, and for each year
14thereafter, the Commission shall submit a report of its
15findings and recommendations to the General Assembly. The
16report to the General Assembly shall be filed with the Clerk of
17the House of Representatives and the Secretary of the Senate
18in electronic form only, in the manner that the Clerk and the
19Secretary shall direct.
 
20
Article 160.

 
21    Section 160-5. The State Finance Act is amended by adding
22Sections 5.935 and 6z-124 as follows:
 
23    (30 ILCS 105/5.935 new)

 

 

HB0159- 223 -LRB102 10243 CPF 15569 b

1    Sec. 5.935. The Managed Care Oversight Fund.
 
2    (30 ILCS 105/6z-124 new)
3    Sec. 6z-124. Managed Care Oversight Fund. The Managed Care
4Oversight Fund is created as a special fund in the State
5treasury. Subject to appropriation, available annual moneys in
6the Fund shall be used by the Department of Healthcare and
7Family Services to support contracting with women and
8minority-owned businesses as part of the Department's Business
9Enterprise Program requirements. The Department shall
10prioritize contracts for care coordination services, workforce
11development, and other services that support the Department's
12mission to promote health equity. Funds may not be used for any
13administrative costs of the Department.
 
14
Article 170.

 
15    Section 170-5. The Illinois Public Aid Code is amended by
16adding Section 5-30.16 as follows:
 
17    (305 ILCS 5/5-30.16 new)
18    Sec. 5-30.16. Medicaid Business Opportunity Commission.
19    (a) The Medicaid Business Opportunity Commission is
20created within the Department of Healthcare and Family
21Services to develop a program to support and grow minority,
22women, and persons with disability owned businesses.

 

 

HB0159- 224 -LRB102 10243 CPF 15569 b

1    (b) The Commission shall consist of the following members:
2        (1) Two members appointed by the Illinois Legislative
3    Black Caucus.
4        (2) Two members appointed by the Illinois Legislative
5    Latino Caucus.
6        (3) Two members appointed by the Conference of Women
7    Legislators of the Illinois General Assembly.
8        (4) Two members representing a statewide Medicaid
9    health plan association, appointed by the Governor.
10        (5) One member representing the Department of
11    Healthcare and Family Services, appointed by the Governor.
12        (6) Three members representing businesses currently
13    registered with the Business Enterprise Program, appointed
14    by the Governor.
15        (7) One member representing the disability community,
16    appointed by the Governor.
17        (8) One member representing the Business Enterprise
18    Council, appointed by the Governor.
19    (c) The Director of Healthcare and Family Services and
20chief of staff, or their designees, shall serve as the
21Commission's executive administrators in providing
22administrative support, research support, and other
23administrative tasks requested by the Commission's co-chairs.
24Any expenses, including, but not limited to, travel and
25housing, shall be paid for by the Department's existing
26budget.

 

 

HB0159- 225 -LRB102 10243 CPF 15569 b

1    (d) The members of the Commission shall receive no
2compensation for their services as members of the Commission.
3    (e) The members of the Commission shall designate
4co-chairs of the Commission to lead their efforts at the first
5meeting of the Commission.
6    (f) The Commission shall meet at least monthly beginning
7as soon as is practicable after the effective date of this
8amendatory Act of the 102nd General Assembly.
9    (g) The Commission shall:
10        (1) Develop a recommendation on a Medicaid Business
11    Opportunity Program which will set requirements for
12    Minority, Women, and Persons with Disability Owned
13    business contracting requirements. Such requirements shall
14    include contracting goals to be included in the contracts
15    between the Department of Healthcare and Family Services
16    and the Managed Care entities for the provision of
17    Medicaid Services.
18        (2) Make recommendations on the process by which
19    vendors or providers would be certified as eligible to be
20    included in the program and appropriate eligibility
21    standards relative to the healthcare industry.
22        (3) Make a recommendation on whether to include not
23    for profit organizations, diversity councils, or diversity
24    chambers as eligible for certification.
25        (4) Make a recommendation on identifying whether
26    providers included in the provider enrollment system are

 

 

HB0159- 226 -LRB102 10243 CPF 15569 b

1    qualified for certification.
2        (5) Make a recommendation on reasonable penalties or
3    sanctions for plans that fail to meet their goals and
4    remedies for these sanctions and penalties. This
5    recommendation shall also include suggestions on how
6    penalties shall be used by the Department.
7        (6) Make a recommendation on whether diverse staff
8    shall be considered within the goals set for managed care
9    entities.
10        (7) Make a recommendation on whether a new platform
11    for certification is necessary to administer this program
12    or if the existing platform for the Business Enterprise
13    Program is capable of including recommended changes coming
14    from this Commission.
15        (8) Make a recommendation on the ongoing activity of
16    the Commission including structure, frequency of meetings,
17    and agendas to ensure ongoing oversight of the program by
18    the Commission.
19    (h) The Commission shall provide recommendations to the
20Department and the General assembly by April 15, 2021 in order
21to ensure prompt implementation of the Medicaid Business
22Opportunity Program.
23    (i) Beginning January 1, 2022, and for each year
24thereafter, the Commission shall submit a report of its
25findings and recommendations to the General Assembly. The
26report to the General Assembly shall be filed with the Clerk of

 

 

HB0159- 227 -LRB102 10243 CPF 15569 b

1the House of Representatives and the Secretary of the Senate
2in electronic form only, in the manner that the Clerk and the
3Secretary shall direct.
 
4
Article 172.

 
5    Section 172-5. The Illinois Public Aid Code is amended by
6changing Section 14-13 as follows:
 
7    (305 ILCS 5/14-13)
8    Sec. 14-13. Reimbursement for inpatient stays extended
9beyond medical necessity.
10    (a) By October 1, 2019, the Department shall by rule
11implement a methodology effective for dates of service July 1,
122019 and later to reimburse hospitals for inpatient stays
13extended beyond medical necessity due to the inability of the
14Department or the managed care organization in which a
15recipient is enrolled or the hospital discharge planner to
16find an appropriate placement after discharge from the
17hospital. The Department shall evaluate the effectiveness of
18the current reimbursement rate for inpatient hospital stays
19beyond medical necessity.
20    (b) The methodology shall provide reasonable compensation
21for the services provided attributable to the days of the
22extended stay for which the prevailing rate methodology
23provides no reimbursement. The Department may use a day

 

 

HB0159- 228 -LRB102 10243 CPF 15569 b

1outlier program to satisfy this requirement. The reimbursement
2rate shall be set at a level so as not to act as an incentive
3to avoid transfer to the appropriate level of care needed or
4placement, after discharge.
5    (c) The Department shall require managed care
6organizations to adopt this methodology or an alternative
7methodology that pays at least as much as the Department's
8adopted methodology unless otherwise mutually agreed upon
9contractual language is developed by the provider and the
10managed care organization for a risk-based or innovative
11payment methodology.
12    (d) Days beyond medical necessity shall not be eligible
13for per diem add-on payments under the Medicaid High Volume
14Adjustment (MHVA) or the Medicaid Percentage Adjustment (MPA)
15programs.
16    (e) For services covered by the fee-for-service program,
17reimbursement under this Section shall only be made for days
18beyond medical necessity that occur after the hospital has
19notified the Department of the need for post-discharge
20placement. For services covered by a managed care
21organization, hospitals shall notify the appropriate managed
22care organization of an admission within 24 hours of
23admission. For every 24-hour period beyond the initial 24
24hours after admission that the hospital fails to notify the
25managed care organization of the admission, reimbursement
26under this subsection shall be reduced by one day.

 

 

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1(Source: P.A. 101-209, eff. 8-5-19.)
 
2
Title IX. Maternal and Infant Mortality

 
3
Article 175.

 
4    Section 175-5. The Illinois Public Aid Code is amended by
5adding Section 5-18.5 as follows:
 
6    (305 ILCS 5/5-18.5 new)
7    Sec. 5-18.5. Perinatal doula and evidence-based home
8visiting services.
9    (a) As used in this Section:
10    "Home visiting" means a voluntary, evidence-based strategy
11used to support pregnant people, infants, and young children
12and their caregivers to promote infant, child, and maternal
13health, to foster educational development and school
14readiness, and to help prevent child abuse and neglect. Home
15visitors are trained professionals whose visits and activities
16focus on promoting strong parent-child attachment to foster
17healthy child development.
18    "Perinatal doula" means a trained provider who provides
19regular, voluntary physical, emotional, and educational
20support, but not medical or midwife care, to pregnant and
21birthing persons before, during, and after childbirth,
22otherwise known as the perinatal period.

 

 

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1    "Perinatal doula training" means any doula training that
2focuses on providing support throughout the prenatal, labor
3and delivery, or postpartum period, and reflects the type of
4doula care that the doula seeks to provide.
5    (b) Notwithstanding any other provision of this Article,
6perinatal doula services and evidence-based home visiting
7services shall be covered under the medical assistance program
8for persons who are otherwise eligible for medical assistance
9under this Article. Perinatal doula services include regular
10visits beginning in the prenatal period and continuing into
11the postnatal period, inclusive of continuous support during
12labor and delivery, that support healthy pregnancies and
13positive birth outcomes. Perinatal doula services may be
14embedded in an existing program, such as evidence-based home
15visiting. Perinatal doula services provided during the
16prenatal period may be provided weekly, services provided
17during the labor and delivery period may be provided for the
18entire duration of labor and the time immediately following
19birth, and services provided during the postpartum period may
20be provided up to 12 months postpartum.
21    (c) The Department of Healthcare and Family Services shall
22adopt rules to administer this Section. In this rulemaking,
23the Department shall consider the expertise of and consult
24with doula program experts, doula training providers,
25practicing doulas, and home visiting experts, along with State
26agencies implementing perinatal doula services and relevant

 

 

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1bodies under the Illinois Early Learning Council. This body of
2experts shall inform the Department on the credentials
3necessary for perinatal doula and home visiting services to be
4eligible for Medicaid reimbursement and the rate of
5reimbursement for home visiting and perinatal doula services
6in the prenatal, labor and delivery, and postpartum periods.
7Every 2 years, the Department shall assess the rates of
8reimbursement for perinatal doula and home visiting services
9and adjust rates accordingly.
10    (d) The Department shall seek such State plan amendments
11or waivers as may be necessary to implement this Section and
12shall secure federal financial participation for expenditures
13made by the Department in accordance with this Section.
 
14
Title X. Miscellaneous

 
15
Article 999.

 
16    Section 999-99. Effective date. This Act takes effect upon
17becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    210 ILCS 85/10.4from Ch. 111 1/2, par. 151.4
5    20 ILCS 2215/4-4from Ch. 111 1/2, par. 6504-4
6    210 ILCS 85/6from Ch. 111 1/2, par. 147
7    210 ILCS 85/6.14c
8    210 ILCS 85/10.10
9    210 ILCS 85/11.5
10    210 ILCS 87/15
11    210 ILCS 88/15
12    210 ILCS 160/15
13    410 ILCS 50/3.4
14    410 ILCS 50/5.2
15    325 ILCS 2/22
16    740 ILCS 45/5.1from Ch. 70, par. 75.1
17    775 ILCS 50/5
18    775 ILCS 50/10
19    110 ILCS 330/8d new
20    210 ILCS 85/6.28 new
21    305 ILCS 5/5-5.05
22    20 ILCS 2105/2105-15.7 new
23    720 ILCS 570/414
24    720 ILCS 646/115
25    720 ILCS 570/316

 

 

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1    320 ILCS 20/3.1 new
2    35 ILCS 105/3-10
3    35 ILCS 110/3-10from Ch. 120, par. 439.33-10
4    35 ILCS 115/3-10from Ch. 120, par. 439.103-10
5    35 ILCS 120/2-10
6    305 ILCS 5/9A-11from Ch. 23, par. 9A-11
7    820 ILCS 191/5
8    820 ILCS 191/10
9    210 ILCS 45/3-206.06 new
10    210 ILCS 85/6.29 new
11    225 ILCS 10/7from Ch. 23, par. 2217
12    305 ILCS 5/5A-12.7
13    305 ILCS 5/14-14 new
14    20 ILCS 5/5-565was 20 ILCS 5/6.06
15    30 ILCS 105/5.936 new
16    20 ILCS 3960/4from Ch. 111 1/2, par. 1154
17    20 ILCS 3960/5.4
18    20 ILCS 3960/8.7
19    305 ILCS 5/5-30.1
20    305 ILCS 5/5-30.17 new
21    30 ILCS 105/5.935 new
22    30 ILCS 105/6z-124 new
23    305 ILCS 5/5-30.16 new
24    305 ILCS 5/14-13
25    305 ILCS 5/5-18.5 new