Sen. Susan Garrett

Filed: 12/4/2012





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2    AMENDMENT NO. ______. Amend House Bill 153, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Health Facilities Planning Act is
6amended by changing Section 4 as follows:
7    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
8    (Section scheduled to be repealed on December 31, 2019)
9    Sec. 4. Health Facilities and Services Review Board;
10membership; appointment; term; compensation; quorum.
11Notwithstanding any other provision in this Section, members of
12the State Board holding office on the day before the effective
13date of this amendatory Act of the 96th General Assembly shall
14retain their authority.
15    (a) There is created the Health Facilities and Services
16Review Board, which shall perform the functions described in



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1this Act. The Department shall provide operational support to
2the Board, including the provision of office space, supplies,
3and clerical, financial, and accounting services. The Board may
4contract with experts related to specific health services or
5facilities and create technical advisory panels to assist in
6the development of criteria, standards, and procedures used in
7the evaluation of applications for permit and exemption.
8    (b) Beginning March 1, 2010, the State Board shall consist
9of 9 voting members. All members shall be residents of Illinois
10and at least 4 shall reside outside the Chicago Metropolitan
11Statistical Area. Consideration shall be given to potential
12appointees who reflect the ethnic and cultural diversity of the
13State. Neither Board members nor Board staff shall be convicted
14felons or have pled guilty to a felony.
15    Each member shall have a reasonable knowledge of the
16practice, procedures and principles of the health care delivery
17system in Illinois, including at least 5 members who shall be
18knowledgeable about health care delivery systems, health
19systems planning, finance, or the management of health care
20facilities currently regulated under the Act. One member shall
21be a representative of a non-profit health care consumer
22advocacy organization. A spouse, parent, sibling, or child of a
23Board member cannot be an employee, agent, or under contract
24with services or facilities subject to the Act. Prior to
25appointment and in the course of service on the Board, members
26of the Board shall disclose the employment or other financial



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1interest of any other relative of the member, if known, in
2service or facilities subject to the Act. Members of the Board
3shall declare any conflict of interest that may exist with
4respect to the status of those relatives and recuse themselves
5from voting on any issue for which a conflict of interest is
6declared. No person shall be appointed or continue to serve as
7a member of the State Board who is, or whose spouse, parent,
8sibling, or child is, a member of the Board of Directors of,
9has a financial interest in, or has a business relationship
10with a health care facility.
11    Notwithstanding any provision of this Section to the
12contrary, the term of office of each member of the State Board
13serving on the day before the effective date of this amendatory
14Act of the 96th General Assembly is abolished on the date upon
15which members of the 9-member Board, as established by this
16amendatory Act of the 96th General Assembly, have been
17appointed and can begin to take action as a Board. Members of
18the State Board serving on the day before the effective date of
19this amendatory Act of the 96th General Assembly may be
20reappointed to the 9-member Board. Prior to March 1, 2010, the
21Health Facilities Planning Board shall establish a plan to
22transition its powers and duties to the Health Facilities and
23Services Review Board.
24    (c) The State Board shall be appointed by the Governor,
25with the advice and consent of the Senate. Not more than 5 of
26the appointments shall be of the same political party at the



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1time of the appointment.
2    The Secretary of Human Services, the Director of Healthcare
3and Family Services, and the Director of Public Health, or
4their designated representatives, shall serve as ex-officio,
5non-voting members of the State Board.
6    (d) Of those 9 members initially appointed by the Governor
7following the effective date of this amendatory Act of the 96th
8General Assembly, 3 shall serve for terms expiring July 1,
92011, 3 shall serve for terms expiring July 1, 2012, and 3
10shall serve for terms expiring July 1, 2013. Thereafter, each
11appointed member shall hold office for a term of 3 years,
12provided that any member appointed to fill a vacancy occurring
13prior to the expiration of the term for which his or her
14predecessor was appointed shall be appointed for the remainder
15of such term and the term of office of each successor shall
16commence on July 1 of the year in which his predecessor's term
17expires. Each member appointed after the effective date of this
18amendatory Act of the 96th General Assembly shall hold office
19until his or her successor is appointed and qualified. The
20Governor may reappoint a member for additional terms, but no
21member shall serve more than 3 terms, subject to review and
22re-approval every 3 years.
23    (e) State Board members, while serving on business of the
24State Board, shall receive actual and necessary travel and
25subsistence expenses while so serving away from their places of
26residence. Until March 1, 2010, a member of the State Board who



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1experiences a significant financial hardship due to the loss of
2income on days of attendance at meetings or while otherwise
3engaged in the business of the State Board may be paid a
4hardship allowance, as determined by and subject to the
5approval of the Governor's Travel Control Board. On and after
6the effective date of this amendatory Act of the 97th General
7Assembly, Board members shall receive compensation for duties
8related to all attended scheduled meetings of the full Board at
9a rate of $35,000 per year. However, a member's salary shall be
10proportionally reduced for each scheduled meeting of the full
11Board that he or she does not attend. Participation at public
12hearings, committee meetings, and meetings with staff, as well
13as time spent on reviewing applications, shall not be
14compensated separately. Salaries provided under this
15subsection shall not be paid out of the General Revenue Fund,
16but shall be paid out of the Illinois Health Facilities
17Planning Fund from fees collected for the processing of
18applications by the State Board, provided that there are
19sufficient funds available after paying all other
20administrative costs.
21    (f) The Governor shall designate one of the members to
22serve as the Chairman of the Board, who shall be a person with
23expertise in health care delivery system planning, finance or
24management of health care facilities that are regulated under
25the Act. The Chairman shall annually review Board member
26performance and shall report the attendance record of each



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1Board member to the General Assembly. The Chairman shall
2receive compensation in addition to that provided in subsection
3(e), at a rate of $30,000 per year, for duties specific to the
4chairmanship. The Chairman shall also receive compensation
5under subsection (e) for all attended scheduled meetings of the
6full Board. Compensation provided under this subsection shall
7not be paid out of the General Revenue Fund, but shall be paid
8out of the Illinois Health Facilities Planning Fund from fees
9collected for the processing of applications by the State
10Board, provided that there are sufficient funds available after
11paying all other administrative costs.
12    (g) The State Board, through the Chairman, shall prepare a
13separate and distinct budget approved by the General Assembly
14and shall hire and supervise its own professional staff
15responsible for carrying out the responsibilities of the Board.
16    (h) The State Board shall meet at least every 45 days, or
17as often as the Chairman of the State Board deems necessary, or
18upon the request of a majority of the members.
19    (i) Five members of the State Board shall constitute a
20quorum. The affirmative vote of 5 of the members of the State
21Board shall be necessary for any action requiring a vote to be
22taken by the State Board. A vacancy in the membership of the
23State Board shall not impair the right of a quorum to exercise
24all the rights and perform all the duties of the State Board as
25provided by this Act.
26    (j) A State Board member shall disqualify himself or



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1herself from the consideration of any application for a permit
2or exemption in which the State Board member or the State Board
3member's spouse, parent, sibling, or child: (i) has an economic
4interest in the matter; or (ii) is employed by, serves as a
5consultant for, or is a member of the governing board of the
6applicant or a party opposing the application.
7    (k) The Chairman, Board members, and Board staff must
8comply with the Illinois Governmental Ethics Act.
9(Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)".