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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Health Facilities Planning Act is | |||||||||||||||||||||
5 | amended by changing Sections 15.5 and 19.6 as follows: | |||||||||||||||||||||
6 | (20 ILCS 3960/15.5) | |||||||||||||||||||||
7 | (Section scheduled to be repealed on August 31, 2008) | |||||||||||||||||||||
8 | Sec. 15.5. Task Force on Health Planning Reform. | |||||||||||||||||||||
9 | (a) The Task Force on Health Planning Reform is created. | |||||||||||||||||||||
10 | (b) The Task Force shall consist of 19 voting members, as | |||||||||||||||||||||
11 | follows: 6 persons, who are not currently employed by a State | |||||||||||||||||||||
12 | agency, appointed by the Director of Public Health, 3 of whom | |||||||||||||||||||||
13 | shall be persons with knowledge and experience in the delivery | |||||||||||||||||||||
14 | of health care services, including at least one person | |||||||||||||||||||||
15 | representing organized health service workers, 2 of whom shall | |||||||||||||||||||||
16 | be persons with professional experience in the administration | |||||||||||||||||||||
17 | or management of health care facilities, and one of whom shall | |||||||||||||||||||||
18 | be a person with experience in health planning; 2 members of | |||||||||||||||||||||
19 | the Illinois Senate appointed by the President of the Senate, | |||||||||||||||||||||
20 | one of whom shall be a co-chair to the Task Force; 2 members of | |||||||||||||||||||||
21 | the Illinois Senate appointed by the Senate Minority Leader; 2 | |||||||||||||||||||||
22 | members of the Illinois House of Representatives appointed by | |||||||||||||||||||||
23 | the Speaker of the House of Representatives, one of whom shall |
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1 | be a co-chair to the Task Force; 2 members of the Illinois | ||||||
2 | House of Representatives appointed by the House Minority | ||||||
3 | Leader; the Attorney General, or his or her designee; and 4 | ||||||
4 | members of the general public, representing health care | ||||||
5 | consumers, appointed by the Attorney General of Illinois.
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6 | The following persons, or their designees, shall serve, ex | ||||||
7 | officio, as nonvoting members of the Task Force: the Director | ||||||
8 | of Public Health, the Secretary of the Illinois Health | ||||||
9 | Facilities Planning Board, the Director of Healthcare and | ||||||
10 | Family Services, the Secretary of Human Services, and the | ||||||
11 | Director of the Governor's Office of Management and Budget.
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12 | Members shall serve without compensation, but may be | ||||||
13 | reimbursed for their expenses in relation to duties on the Task | ||||||
14 | Force.
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15 | A vote of 12 members appointed to the Task Force is | ||||||
16 | required with respect to the adoption of recommendations to the | ||||||
17 | Governor and General Assembly and the final report required by | ||||||
18 | this Section. | ||||||
19 | (c) The Task Force shall gather information and make | ||||||
20 | recommendations relating to at least the following topics in | ||||||
21 | relation to the Illinois Health Facilities Planning Act:
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22 | (1) The impact of health planning on the provision of | ||||||
23 | essential and accessible health care services; prevention | ||||||
24 | of unnecessary duplication of facilities and services; | ||||||
25 | improvement in the efficiency of the health care system; | ||||||
26 | maintenance of an environment in the health care system |
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1 | that supports quality care; the most economic use of | ||||||
2 | available resources; and the effect of repealing this Act. | ||||||
3 | (2) Reform of the Illinois Health Facilities Planning | ||||||
4 | Board to enable it to undertake a more active role in | ||||||
5 | health planning to provide guidance in the development of | ||||||
6 | services to meet the health care needs of Illinois, | ||||||
7 | including identifying and recommending initiatives to meet | ||||||
8 | special needs. | ||||||
9 | (3) Reforms to ensure that health planning under the | ||||||
10 | Illinois Health Facilities Planning Act is coordinated | ||||||
11 | with other health planning laws and activities of the | ||||||
12 | State. | ||||||
13 | (4) Reforms that will enable the Illinois Health | ||||||
14 | Facilities Planning Board to focus most of its project | ||||||
15 | review efforts on "Certificate-of-Need" applications | ||||||
16 | involving new facilities, discontinuation of services, | ||||||
17 | major expansions, and volume-sensitive services, and to | ||||||
18 | expedite review of other projects to the maximum extent | ||||||
19 | possible. | ||||||
20 | (5) Reforms that will enable the Illinois Health | ||||||
21 | Facilities Planning Board to determine how criteria, | ||||||
22 | standards, and procedures for evaluating project | ||||||
23 | applications involving specialty providers, ambulatory | ||||||
24 | surgical facilities, and other alternative health care | ||||||
25 | models should be amended to give special attention to the | ||||||
26 | impact of those projects on traditional community |
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1 | hospitals to assure the availability and access to | ||||||
2 | essential quality medical care in those communities. | ||||||
3 | (6) Implementation of policies and procedures | ||||||
4 | necessary for the Illinois Health Facilities Planning | ||||||
5 | Board to give special consideration to the impact of the | ||||||
6 | projects it reviews on access to "safety net" services. | ||||||
7 | (7) Changes in policies and procedures to make the | ||||||
8 | Illinois health facilities planning process predictable, | ||||||
9 | transparent, and as efficient as possible; requiring the | ||||||
10 | State Agency (the Illinois Department of Public Health) and | ||||||
11 | the Illinois Health Facilities Planning Board to provide | ||||||
12 | timely and appropriate explanations of its decisions and | ||||||
13 | establish more effective procedures to enable public | ||||||
14 | review and comment on facts set forth in State Agency staff | ||||||
15 | analyses of project applications prior to the issuance of | ||||||
16 | final decisions on each project. | ||||||
17 | (8) Reforms to ensure that patient access to new and | ||||||
18 | modernized services will not be delayed during a transition | ||||||
19 | period under any proposed system reform; and that the | ||||||
20 | transition should minimize disruption of the process for | ||||||
21 | current applicants. | ||||||
22 | (9) Identification of the resources necessary to | ||||||
23 | support the work of the Agency and the Board.
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24 | (d) The Task Force shall recommend reforms regarding the | ||||||
25 | following:
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26 | (1) The size and membership of current Illinois Health |
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1 | Facilities Planning Board. Review and make recommendations | ||||||
2 | on the reorganization of the structure and function of the | ||||||
3 | Illinois Health Facilities Planning Board and the State | ||||||
4 | Agency responsible for health planning (the Illinois | ||||||
5 | Department of Public Health), giving consideration to | ||||||
6 | various options for reassigning the primary responsibility | ||||||
7 | for the review, approval, and denial of project | ||||||
8 | applications between the Board and the State Agency, so | ||||||
9 | that the "Certificate-of-Need" process is administered in | ||||||
10 | the most effective, efficient, and consistent manner | ||||||
11 | possible in accordance with the objectives referenced in | ||||||
12 | subsection (c) of this Section. | ||||||
13 | (2) Changes in policies and procedures that will charge | ||||||
14 | the Illinois Health Facilities Planning Board with | ||||||
15 | developing a long-range health facilities plan (10 years) | ||||||
16 | to be updated at least every 2 years, so that it is a | ||||||
17 | rolling 10-year plan based upon data no older than 2 years. | ||||||
18 | The plan should incorporate an inventory of the State's | ||||||
19 | health facilities infrastructure including both facilities | ||||||
20 | and services regulated under this Act, as well as | ||||||
21 | facilities and services that are not currently regulated | ||||||
22 | under this Act, as determined by the Board. The planning | ||||||
23 | criteria and standards should be adjusted to take into | ||||||
24 | consideration services that are regulated under the Act, | ||||||
25 | but are also offered by non-regulated providers. The | ||||||
26 | Illinois Department of Public Health bed inventory should |
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1 | be updated each year using the most recent utilization data | ||||||
2 | for both hospitals and long-term care facilities including | ||||||
3 | 2003, 2004, 2005 and subsequent-year inpatient discharges | ||||||
4 | and days. This revised bed supply should be used as the bed | ||||||
5 | supply input for all Planning Area bed-need calculations. | ||||||
6 | Ten-year population projection data should be incorporated | ||||||
7 | into the plan. Plan updates may include redrawing planning | ||||||
8 | area boundaries to reflect population changes. The Task | ||||||
9 | Force shall consider whether the inventory formula should | ||||||
10 | use migration factors for the medical/surgical, | ||||||
11 | pediatrics, obstetrics, and other categories of service, | ||||||
12 | and if so, what those migration factors should be. The | ||||||
13 | Board should hold public hearings on the plan and its | ||||||
14 | updates. There should be a mechanism for the public to | ||||||
15 | request that the plan be updated more frequently to address | ||||||
16 | emerging population and demographic trends. In developing | ||||||
17 | the plan, the Board should consider health plans and other | ||||||
18 | related publications that have been developed both in | ||||||
19 | Illinois and nationally. In developing the plan, the need | ||||||
20 | to ensure access to care, especially for "safety net" | ||||||
21 | services, including rural and medically underserved | ||||||
22 | communities, should be included. | ||||||
23 | (3) Changes in regulations that establish separate | ||||||
24 | criteria, standards, and procedures when necessary to | ||||||
25 | adjust for structural, functional, and operational | ||||||
26 | differences between long-term care facilities and acute |
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1 | care facilities and that allow routine changes of | ||||||
2 | ownership, facility sales, and closure requests to be | ||||||
3 | processed on a timely basis. Consider rules to allow | ||||||
4 | flexibility for facilities to modernize, expand, or | ||||||
5 | convert to alternative uses that are in accord with health | ||||||
6 | planning standards. | ||||||
7 | (4) Changes in policies and procedures so that the | ||||||
8 | Illinois Health Facilities Planning Board updates the | ||||||
9 | standards and criteria on a regular basis and proposes new | ||||||
10 | standards to keep pace with the evolving health care | ||||||
11 | delivery system. Proton Therapy and Treatment is an example | ||||||
12 | of a new, cutting-edge procedure that may require the Board | ||||||
13 | to immediately develop criteria, standards, and procedures | ||||||
14 | for that type of facility. Temporary advisory committees | ||||||
15 | may be appointed to assist in the development of revisions | ||||||
16 | to the Board's standards and criteria, including experts | ||||||
17 | with professional competence in the subject matter of the | ||||||
18 | proposed standards or criteria that are to be developed. | ||||||
19 | (5) Changes in policies and procedures to expedite | ||||||
20 | project approval, particularly for less complex projects, | ||||||
21 | including standards for determining whether a project is in | ||||||
22 | "substantial compliance" with the Board's review | ||||||
23 | standards. The review standards must include a requirement | ||||||
24 | for applicants to include a "Safety Net" Impact Statement. | ||||||
25 | This Statement shall describe the project's impact on | ||||||
26 | safety net services in the community. The State Agency |
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1 | Report shall include an assessment of the Statement. | ||||||
2 | (6) Changes to enforcement processes and compliance | ||||||
3 | standards to ensure they are fair and consistent with the | ||||||
4 | severity of the violation. | ||||||
5 | (7) Revisions in policies and procedures to prevent | ||||||
6 | conflicts of interest by members of the Illinois Health | ||||||
7 | Facilities Planning Board and State Agency staff, | ||||||
8 | including increasing the penalties for violations.
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9 | (8) Other changes determined necessary to improve the | ||||||
10 | administration of this Act.
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11 | (e) The State Agency, at the direction of the Task Force, | ||||||
12 | may hire any necessary staff or consultants, enter into | ||||||
13 | contracts, and make any expenditures necessary for carrying out | ||||||
14 | the duties of the Task Force, all out of moneys appropriated | ||||||
15 | for that purpose. Staff support services shall be provided to | ||||||
16 | the Task Force by the State Agency from such appropriations. | ||||||
17 | (f) The Task Force may establish any advisory committee to | ||||||
18 | ensure maximum public participation in the Task Force's | ||||||
19 | planning, organization, and implementation review process. If | ||||||
20 | established, advisory committees shall (i) advise and assist | ||||||
21 | the Task Force in its duties and (ii) help the Task Force to | ||||||
22 | identify issues of public concern. | ||||||
23 | (g) The Task Force may shall submit findings and | ||||||
24 | recommendations to the Governor and the General Assembly as may | ||||||
25 | be necessary at any time and shall submit a final report by | ||||||
26 | November 3, 2008 March 1, 2008 , including any necessary |
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1 | implementing legislation, and recommendations for changes to | ||||||
2 | policies, rules, or procedures that are not incorporated in the | ||||||
3 | implementing legislation. | ||||||
4 | (h) The Task Force is abolished on December 31, 2008 August | ||||||
5 | 1, 2008 .
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6 | (Source: P.A. 95-5, eff. 5-31-07.)
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7 | (20 ILCS 3960/19.6)
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8 | (Section scheduled to be repealed on August 31, 2008)
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9 | Sec. 19.6. Repeal. This Act is repealed on July 1, 2009 | ||||||
10 | August 31, 2008 .
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11 | (Source: P.A. 94-983, eff. 6-30-06; 95-1, eff. 3-30-07; 95-5, | ||||||
12 | eff. 5-31-07.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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