Illinois General Assembly - Full Text of SB0447
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Full Text of SB0447  101st General Assembly



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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-220 as follows:
7    (20 ILCS 2310/2310-220)  (was 20 ILCS 2310/55.73)
8    Sec. 2310-220. Findings; rural obstetrical care. The
9General Assembly finds that substantial areas of rural Illinois
10lack adequate access to obstetrical care. The primary cause of
11this problem is the absence of qualified practitioners who are
12willing to offer obstetrical services. A significant barrier to
13recruiting and retaining those practitioners is the high cost
14of professional liability insurance for practitioners offering
15obstetrical care.
16    Therefore, the Department, from funds appropriated for
17that purpose, shall award grants to physicians practicing
18obstetrics in rural designated shortage areas, as defined in
19Section 3.04 of the Underserved Physician Workforce Family
20Practice Residency Act, for the purpose of reimbursing those
21physicians for the costs of obtaining malpractice insurance
22relating to obstetrical services. The Department shall
23establish reasonable conditions, standards, and duties



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1relating to the application for and receipt of the grants.
2(Source: P.A. 91-239, eff. 1-1-00.)
3    Section 10. The Family Practice Residency Act is amended by
4changing the title of the Act and Sections 1, 2, 3.03, 3.06,
53.07, 3.09, 4.01, 4.02, 4.07, 4.10, 4.11, 5, 6, and 9 and by
6adding Section 3.10 as follows:
7    (110 ILCS 935/Act title)
8An Act to provide grants for primary care and other family
9practice residency programs, and medical student scholarships,
10and loan repayment assistance through the Illinois Department
11of Public Health.
12    (110 ILCS 935/1)  (from Ch. 144, par. 1451)
13    Sec. 1. This Act shall be known and may be cited as the
14Underserved Physician Workforce Act "Family Practice Residency
16(Source: P.A. 80-478.)
17    (110 ILCS 935/2)  (from Ch. 144, par. 1452)
18    Sec. 2. The purpose of this Act is to establish programs in
19the Illinois Department of Public Health to upgrade primary
20health care services for all citizens of the State, to increase
21access, and to reduce health care disparities by providing
22grants to family practice and preventive medicine residency



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1programs, scholarships to medical students, and a loan
2repayment program for physicians and other eligible health
3primary care providers who will agree to practice in areas of
4the State demonstrating the greatest need for more professional
5medical care. The programs shall encourage family practice
6physicians and other eligible health care primary care
7providers to locate in areas where health manpower shortages
8exist and to increase the total number of family practice
9physicians and other eligible health care primary care
10providers in the State.
11(Source: P.A. 98-674, eff. 6-30-14.)
12    (110 ILCS 935/3.03)  (from Ch. 144, par. 1453.03)
13    Sec. 3.03. "Committee" means the Advisory Committee for
14Family Practice Residency Programs created by this Act.
15(Source: P.A. 80-478.)
16    (110 ILCS 935/3.06)  (from Ch. 144, par. 1453.06)
17    Sec. 3.06. "Residency Family practice residency program"
18means a program accredited by the Accreditation Council for
19Graduate Medical Education, or the Committee on Postdoctoral
20Training of the American Osteopathic Association.
21(Source: P.A. 84-1341.)
22    (110 ILCS 935/3.07)  (from Ch. 144, par. 1453.07)
23    Sec. 3.07. "Eligible medical student" means a person who



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1meets all of the following qualifications:
2        (a) he or she is an Illinois resident at the time of
3    application for a scholarship under the program
4    established by this Act;
5        (b) he or she is studying medicine in a medical school
6    located in Illinois;
7        (c) he or she exhibits financial need as determined by
8    the Department; and
9        (d) he or she agrees to practice full-time in a
10    Designated Shortage Area as a primary care physician,
11    general surgeon, emergency medicine physician, or
12    obstetrician one year for each year he or she is a
13    scholarship recipient.
14(Source: P.A. 84-1341.)
15    (110 ILCS 935/3.09)
16    Sec. 3.09. Eligible health care provider primary care
17providers. "Eligible health care provider primary care
18providers" means a primary care physician, general surgeon,
19emergency medicine physician, or obstetrician health care
20providers within specialties determined to be eligible by the
21U.S. Health Resources and Services Administration for the
22National Health Service Corps Loan Repayment Program.
23(Source: P.A. 98-674, eff. 6-30-14.)
24    (110 ILCS 935/3.10 new)



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1    Sec. 3.10. Primary care physician. "Primary care
2physician" means a general internist, family physician, or
3general pediatrician.
4    (110 ILCS 935/4.01)  (from Ch. 144, par. 1454.01)
5    Sec. 4.01. To allocate funds to family practice residency
6programs according to the following priorities:
7        (a) to increase the number of eligible health care
8    providers family practice physicians in Designated
9    Shortage Areas;
10        (b) (blank); to increase the percentage of
11    obstetricians establishing practice within the State upon
12    completion of residency;
13        (c) to increase the number of accredited, eligible
14    health care provider family practice residencies within
15    the State;
16        (d) to increase the percentage of eligible health care
17    providers family practice physicians establishing practice
18    within the State upon completion of residency; and
19        (e) to provide funds for rental of office space,
20    purchase of equipment, and other uses necessary to enable
21    eligible health care providers family practitioners to
22    locate their practices in communities located in
23    designated shortage areas.
24(Source: P.A. 86-1384.)



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1    (110 ILCS 935/4.02)  (from Ch. 144, par. 1454.02)
2    Sec. 4.02. To determine the procedures for the distribution
3of the funds to family practice residency programs, including
4the establishment of eligibility criteria in accordance with
5the following guidelines:
6        (a) preference for programs which are to be established
7    at locations which exhibit potential for extending
8    eligible health care provider family practice physician
9    availability to Designated Shortage Areas;
10        (b) preference for programs which are located away from
11    communities in which medical schools are located; and
12        (c) preference for programs located in hospitals
13    having affiliation agreements with medical schools located
14    within the State.
15    In distributing such funds, the Department may also
16consider as secondary criteria whether a family practice
17residency program has:
18        (1) Adequate courses of instruction in the behavioral
19    sciences;
20        (2) Availability and systematic utilization of
21    opportunities for residents to gain experience through
22    local health departments or other preventive or
23    occupational medical facilities;
24        (3) A continuing program of community-oriented
25    research in such areas as risk factors in community
26    populations, immunization levels, environmental hazards,



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1    or occupational hazards;
2        (4) Sufficient mechanisms for maintenance of quality
3    training, such as peer review, systematic progress
4    reviews, referral system, and maintenance of adequate
5    records; and
6        (5) An appropriate course of instruction in societal,
7    institutional, and economic conditions affecting a rural
8    health care family practice.
9(Source: P.A. 81-321.)
10    (110 ILCS 935/4.07)  (from Ch. 144, par. 1454.07)
11    Sec. 4.07. To coordinate the family residency grants
12program established under this Act with the program
13administered by the Illinois Board of Higher Education under
14the "Health Services Education Grants Act".
15(Source: P.A. 80-478.)
16    (110 ILCS 935/4.10)  (from Ch. 144, par. 1454.10)
17    Sec. 4.10. To establish programs, and the criteria for such
18programs, for the repayment of the educational loans of primary
19care physicians and other eligible health primary care
20providers who agree to serve in Designated Shortage Areas for a
21specified period of time, no less than 2 years. Payments under
22this program may be made for the principal, interest, and
23related expenses of government and commercial loans received by
24the individual for tuition expenses, and all other reasonable



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1educational expenses incurred by the individual. Payments made
2under this provision shall be exempt from Illinois State Income
3Tax. The Department may use tobacco settlement recovery funding
4or other available funding to implement this Section.
5(Source: P.A. 98-674, eff. 6-30-14.)
6    (110 ILCS 935/4.11)  (from Ch. 144, par. 1454.11)
7    Sec. 4.11. To require family practice residency programs
8seeking grants under this Act to make application according to
9procedures consistent with the priorities and guidelines
10established in Sections 4.01 and 4.02 of this Act.
11(Source: P.A. 80-478.)
12    (110 ILCS 935/5)  (from Ch. 144, par. 1455)
13    Sec. 5. The Advisory Committee for Family Practice
14Residency Programs is created and shall consult with the
15Director in the administration of this Act. The Committee shall
16consist of 9 members appointed by the Director, 4 of whom shall
17be eligible health care providers family practice physicians,
18one of whom shall be the dean or associate or deputy dean of a
19medical school in this State, and 4 of whom shall be
20representatives of the general public. Terms of membership
21shall be 4 years. Initial appointments by the Director shall be
22staggered, with 4 appointments terminating January 31, 1979 and
234 terminating January 31, 1981. Each member shall continue to
24serve after the expiration of his term until his successor has



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1been appointed. No person shall serve more than 2 terms.
2Vacancies shall be filled by appointment for the unexpired term
3of any member in the same manner as the vacant position had
4been filled. The Committee shall select from its members a
5chairman from among the eligible health care provider family
6practice physician members, and such other officers as may be
7required. The Committee shall meet as frequently as the
8Director deems necessary, but not less than once each year. The
9Committee members shall receive no compensation but shall be
10reimbursed for actual expenses incurred in carrying out their
12(Source: P.A. 92-635, eff. 7-11-02.)
13    (110 ILCS 935/6)  (from Ch. 144, par. 1456)
14    Sec. 6. Residency Family practice residency programs
15seeking funds under this Act shall make application to the
16Department. The application shall include evidence of local
17support for the program, either in the form of funds, services,
18or other resources. The ratio of State support to local support
19shall be determined by the Department in a manner that is
20consistent with the purpose of this Act as stated in Section 2
21of this Act. In establishing such ratio of State to local
22support, the Department may vary the amount of the required
23local support depending upon the criticality of the need for
24more professional health care services and , the geographic
25location and the economic base of the Designated Shortage Area.



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1(Source: P.A. 80-478.)
2    (110 ILCS 935/9)  (from Ch. 144, par. 1459)
3    Sec. 9. The Department shall annually report to the General
4Assembly and the Governor the results and progress of the
5programs established by this Act on or before March 15th.
6    The annual report to the General Assembly and the Governor
7shall include the impact of programs established under this Act
8on the ability of designated shortage areas to attract and
9retain eligible physicians and other health care providers
10personnel. The report shall include recommendations to improve
11that ability.
12    The requirement for reporting to the General Assembly shall
13be satisfied by filing copies of the report as required by
14Section 3.1 of the General Assembly Organization Act, and
15filing such additional copies with the State Government Report
16Distribution Center for the General Assembly as is required
17under paragraph (t) of Section 7 of the State Library Act.
18(Source: P.A. 100-1148, eff. 12-10-18.)
19    (110 ILCS 935/7 rep.)
20    Section 15. The Family Practice Residency Act is amended by
21repealing Section 7.
22    Section 20. The Nurses in Advancement Law is amended by
23changing Section 1-20 as follows:



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1    (110 ILCS 970/1-20)  (from Ch. 144, par. 2781-20)
2    Sec. 1-20. Scholarship requirements. It shall be lawful for
3any organization to condition any loan or grant upon the
4recipient's executing an agreement to commit not more than 5
5years of his or her professional career to the goals
6specifically outlined within the agreement including a
7requirement that recipient practice nursing or medicine in
8specifically designated practice and geographic areas.
9    Any agreement executed by an organization and any recipient
10of loan or grant assistance shall contain a provision for
11liquidated damages to be paid for any breach of any provision
12of the agreement, or any commitment contained therein, together
13with attorney's fees and costs for the enforcement thereof. Any
14such covenant shall be valid and enforceable in the courts of
15this State as liquidated damages and shall not be considered a
16penalty, provided that the provision for liquidated damages
17does not exceed $2,500 for each year remaining for the
18performance of the agreement.
19    This Section shall not be construed as pertaining to or
20limiting any liquidated damages resulting from scholarships
21awarded under the Underserved Physician Workforce Family
22Practice Residency Act.
23(Source: P.A. 92-651, eff. 7-11-02.)
24    Section 25. The Private Medical Scholarship Agreement Act



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1is amended by changing Section 3 as follows:
2    (110 ILCS 980/3)  (from Ch. 144, par. 2703)
3    Sec. 3. Any such agreement executed by such an organization
4and any recipient of loan, grant assistance or recommendation
5may contain a provision for liquidated damages to be paid for
6any breach of any provision of the agreement, or any commitment
7contained therein, together with attorney's fees and costs for
8the enforcement thereof. Any such covenant shall be valid and
9enforceable in the courts of this State as liquidated damages
10and shall not be considered a penalty, provided that such
11provision for liquidated damages does not exceed $2,500 for
12each year remaining for the performance of such agreement.
13    This Section shall not be construed as pertaining to or
14limiting any liquidated damages resulting from scholarships
15awarded under the Underserved Physician Workforce "Family
16Practice Residency Act", as amended.
17(Source: P.A. 86-999.)
18    Section 30. The Illinois Public Aid Code is amended by
19changing Section 12-4.24a as follows:
20    (305 ILCS 5/12-4.24a)  (from Ch. 23, par. 12-4.24a)
21    Sec. 12-4.24a. Report and recommendations concerning
22designated shortage area. The Illinois Department shall
23analyze payments made to providers of medical services under



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1Article V of this Code to determine whether any special
2compensatory standard should be applied to payments to such
3providers in designated shortage areas as defined in Section
43.04 of the Underserved Physician Workforce Family Practice
5Residency Act, as now or hereafter amended. The Illinois
6Department shall, not later than June 30, 1990, report to the
7Governor and the General Assembly concerning the results of its
8analysis, and may provide by rule for adjustments in its
9payment rates to medical service providers in such areas.
10(Source: P.A. 92-111, eff. 1-1-02.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.