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| (Section scheduled to be repealed on August 31, 2008) |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