Illinois General Assembly - Full Text of SB2124
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Full Text of SB2124  97th General Assembly


Sen. Susan Garrett

Filed: 2/27/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 2124 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 4 as follows:
6    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 4. Health Facilities and Services Review Board;
9membership; appointment; term; compensation; quorum.
10Notwithstanding any other provision in this Section, members of
11the State Board holding office on the day before the effective
12date of this amendatory Act of the 96th General Assembly shall
13retain their authority.
14    (a) There is created the Health Facilities and Services
15Review Board, which shall perform the functions described in
16this Act. The Department shall provide operational support to



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



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



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1    The Secretary of Human Services, the Director of Healthcare
2and Family Services, and the Director of Public Health, or
3their designated representatives, shall serve as ex-officio,
4non-voting members of the State Board.
5    (d) Of those 9 members initially appointed by the Governor
6following the effective date of this amendatory Act of the 96th
7General Assembly, 3 shall serve for terms expiring July 1,
82011, 3 shall serve for terms expiring July 1, 2012, and 3
9shall serve for terms expiring July 1, 2013. Thereafter, each
10appointed member shall hold office for a term of 3 years,
11provided that any member appointed to fill a vacancy occurring
12prior to the expiration of the term for which his or her
13predecessor was appointed shall be appointed for the remainder
14of such term and the term of office of each successor shall
15commence on July 1 of the year in which his predecessor's term
16expires. Each member appointed after the effective date of this
17amendatory Act of the 96th General Assembly shall hold office
18until his or her successor is appointed and qualified. The
19Governor may reappoint a member for additional terms, but no
20member shall serve more than 3 terms, subject to review and
21re-approval every 3 years.
22    (e) State Board members, while serving on business of the
23State Board, shall receive actual and necessary travel and
24subsistence expenses while so serving away from their places of
25residence. Until March 1, 2010, a member of the State Board who
26experiences a significant financial hardship due to the loss of



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



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



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1or exemption in which the State Board member or the State Board
2member's spouse, parent, or child: (i) has an economic interest
3in the matter; or (ii) is employed by, serves as a consultant
4for, or is a member of the governing board of the applicant or
5a party opposing the application.
6    (k) The Chairman, Board members, and Board staff must
7comply with the Illinois Governmental Ethics Act.
8(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)".