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


Sen. Rachelle Crowe

Filed: 3/13/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 447 by replacing
3everything after the enacting clause with the following:
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



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1that purpose, shall award grants to physicians practicing
2obstetrics in rural designated shortage areas, as defined in
3Section 3.04 of the Medical Education Assistance Family
4Practice Residency Act, for the purpose of reimbursing those
5physicians for the costs of obtaining malpractice insurance
6relating to obstetrical services. The Department shall
7establish reasonable conditions, standards, and duties
8relating to the application for and receipt of the grants.
9(Source: P.A. 91-239, eff. 1-1-00.)
10    Section 10. The Family Practice Residency Act is amended by
11changing the title of the Act and Sections 1, 2, 3.03, 3.06,
123.07, 3.09, 4.01, 4.02, 4.07, 4.10, 4.11, 5, 6, and 9 as
14    (110 ILCS 935/Act title)
15An Act to provide grants for primary care and other family
16practice residency programs, and medical student scholarships,
17and loan repayment assistance through the Illinois Department
18of Public Health.
19    (110 ILCS 935/1)  (from Ch. 144, par. 1451)
20    Sec. 1. This Act shall be known and may be cited as the
21Medical Education Assistance Act "Family Practice Residency
23(Source: P.A. 80-478.)



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1    (110 ILCS 935/2)  (from Ch. 144, par. 1452)
2    Sec. 2. The purpose of this Act is to establish programs in
3the Illinois Department of Public Health to upgrade primary
4health care services for all citizens of the State, to increase
5access, and to reduce health care disparities by providing
6grants to family practice and preventive medicine residency
7programs, scholarships to medical students, and a loan
8repayment program for physicians and other eligible health
9primary care providers who will agree to practice in areas of
10the State demonstrating the greatest need for more professional
11medical care. The programs shall encourage family practice
12physicians and other eligible health care primary care
13providers to locate in areas where health manpower shortages
14exist and to increase the total number of family practice
15physicians and other eligible health care primary care
16providers in the State.
17(Source: P.A. 98-674, eff. 6-30-14.)
18    (110 ILCS 935/3.03)  (from Ch. 144, par. 1453.03)
19    Sec. 3.03. "Committee" means the Advisory Committee for
20Family Practice Residency Programs created by this Act.
21(Source: P.A. 80-478.)
22    (110 ILCS 935/3.06)  (from Ch. 144, par. 1453.06)
23    Sec. 3.06. "Residency Family practice residency program"



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1means a program accredited by the Accreditation Council for
2Graduate Medical Education, or the Committee on Postdoctoral
3Training of the American Osteopathic Association.
4(Source: P.A. 84-1341.)
5    (110 ILCS 935/3.07)  (from Ch. 144, par. 1453.07)
6    Sec. 3.07. "Eligible medical student" means a person who
7meets all of the following qualifications:
8        (a) he or she is an Illinois resident at the time of
9    application for a scholarship under the program
10    established by this Act;
11        (b) he or she is studying medicine in a medical school
12    located in Illinois;
13        (c) he or she exhibits financial need as determined by
14    the Department; and
15        (d) he or she agrees to practice full-time in a
16    Designated Shortage Area as a primary care physician,
17    general surgeon, emergency medicine physician,
18    obstetrician, or psychiatrist one year for each year he or
19    she is a scholarship recipient.
20(Source: P.A. 84-1341.)
21    (110 ILCS 935/3.09)
22    Sec. 3.09. Eligible health care provider primary care
23providers. "Eligible health care provider primary care
24providers" means a primary care physician, general surgeon,



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1emergency medicine physician, obstetrician, or psychiatrist
2health care providers within specialties determined to be
3eligible by the U.S. Health Resources and Services
4Administration for the National Health Service Corps Loan
5Repayment Program.
6(Source: P.A. 98-674, eff. 6-30-14.)
7    (110 ILCS 935/4.01)  (from Ch. 144, par. 1454.01)
8    Sec. 4.01. To allocate funds to family practice residency
9programs according to the following priorities:
10        (a) to increase the number of eligible health care
11    providers family practice physicians in Designated
12    Shortage Areas;
13        (b) (blank); to increase the percentage of
14    obstetricians establishing practice within the State upon
15    completion of residency;
16        (c) to increase the number of accredited, eligible
17    health care provider family practice residencies within
18    the State;
19        (d) to increase the percentage of eligible health care
20    providers family practice physicians establishing practice
21    within the State upon completion of residency; and
22        (e) to provide funds for rental of office space,
23    purchase of equipment, and other uses necessary to enable
24    eligible health care providers family practitioners to
25    locate their practices in communities located in



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1    designated shortage areas.
2(Source: P.A. 86-1384.)
3    (110 ILCS 935/4.02)  (from Ch. 144, par. 1454.02)
4    Sec. 4.02. To determine the procedures for the distribution
5of the funds to family practice residency programs, including
6the establishment of eligibility criteria in accordance with
7the following guidelines:
8        (a) preference for programs which are to be established
9    at locations which exhibit potential for extending
10    eligible health care provider family practice physician
11    availability to Designated Shortage Areas;
12        (b) preference for programs which are located away from
13    communities in which medical schools are located; and
14        (c) preference for programs located in hospitals
15    having affiliation agreements with medical schools located
16    within the State.
17    In distributing such funds, the Department may also
18consider as secondary criteria whether a family practice
19residency program has:
20        (1) Adequate courses of instruction in the behavioral
21    sciences;
22        (2) Availability and systematic utilization of
23    opportunities for residents to gain experience through
24    local health departments or other preventive or
25    occupational medical facilities;



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



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1this program may be made for the principal, interest, and
2related expenses of government and commercial loans received by
3the individual for tuition expenses, and all other reasonable
4educational expenses incurred by the individual. Payments made
5under this provision shall be exempt from Illinois State Income
6Tax. The Department may use tobacco settlement recovery funding
7or other available funding to implement this Section.
8(Source: P.A. 98-674, eff. 6-30-14.)
9    (110 ILCS 935/4.11)  (from Ch. 144, par. 1454.11)
10    Sec. 4.11. To require family practice residency programs
11seeking grants under this Act to make application according to
12procedures consistent with the priorities and guidelines
13established in Sections 4.01 and 4.02 of this Act.
14(Source: P.A. 80-478.)
15    (110 ILCS 935/5)  (from Ch. 144, par. 1455)
16    Sec. 5. The Advisory Committee for Family Practice
17Residency Programs is created and shall consult with the
18Director in the administration of this Act. The Committee shall
19consist of 9 members appointed by the Director, 4 of whom shall
20be eligible health care providers family practice physicians,
21one of whom shall be the dean or associate or deputy dean of a
22medical school in this State, and 4 of whom shall be
23representatives of the general public. Terms of membership
24shall be 4 years. Initial appointments by the Director shall be



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1staggered, with 4 appointments terminating January 31, 1979 and
24 terminating January 31, 1981. Each member shall continue to
3serve after the expiration of his term until his successor has
4been appointed. No person shall serve more than 2 terms.
5Vacancies shall be filled by appointment for the unexpired term
6of any member in the same manner as the vacant position had
7been filled. The Committee shall select from its members a
8chairman from among the eligible health care provider family
9practice physician members, and such other officers as may be
10required. The Committee shall meet as frequently as the
11Director deems necessary, but not less than once each year. The
12Committee members shall receive no compensation but shall be
13reimbursed for actual expenses incurred in carrying out their
15(Source: P.A. 92-635, eff. 7-11-02.)
16    (110 ILCS 935/6)  (from Ch. 144, par. 1456)
17    Sec. 6. Residency Family practice residency programs
18seeking funds under this Act shall make application to the
19Department. The application shall include evidence of local
20support for the program, either in the form of funds, services,
21or other resources. The ratio of State support to local support
22shall be determined by the Department in a manner that is
23consistent with the purpose of this Act as stated in Section 2
24of this Act. In establishing such ratio of State to local
25support, the Department may vary the amount of the required



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1local support depending upon the criticality of the need for
2more professional health care services and , the geographic
3location and the economic base of the Designated Shortage Area.
4(Source: P.A. 80-478.)
5    (110 ILCS 935/9)  (from Ch. 144, par. 1459)
6    Sec. 9. The Department shall annually report to the General
7Assembly and the Governor the results and progress of the
8programs established by this Act on or before March 15th.
9    The annual report to the General Assembly and the Governor
10shall include the impact of programs established under this Act
11on the ability of designated shortage areas to attract and
12retain eligible physicians and other health care providers
13personnel. The report shall include recommendations to improve
14that ability.
15    The requirement for reporting to the General Assembly shall
16be satisfied by filing copies of the report as required by
17Section 3.1 of the General Assembly Organization Act, and
18filing such additional copies with the State Government Report
19Distribution Center for the General Assembly as is required
20under paragraph (t) of Section 7 of the State Library Act.
21(Source: P.A. 100-1148, eff. 12-10-18.)
22    (110 ILCS 935/7 rep.)
23    Section 15. The Family Practice Residency Act is amended by
24repealing Section 7.



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



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1(Source: P.A. 92-651, eff. 7-11-02.)
2    Section 25. The Private Medical Scholarship Agreement Act
3is amended by changing Section 3 as follows:
4    (110 ILCS 980/3)  (from Ch. 144, par. 2703)
5    Sec. 3. Any such agreement executed by such an organization
6and any recipient of loan, grant assistance or recommendation
7may contain a provision for liquidated damages to be paid for
8any breach of any provision of the agreement, or any commitment
9contained therein, together with attorney's fees and costs for
10the enforcement thereof. Any such covenant shall be valid and
11enforceable in the courts of this State as liquidated damages
12and shall not be considered a penalty, provided that such
13provision for liquidated damages does not exceed $2,500 for
14each year remaining for the performance of such agreement.
15    This Section shall not be construed as pertaining to or
16limiting any liquidated damages resulting from scholarships
17awarded under the Medical Education Assistance "Family
18Practice Residency Act", as amended.
19(Source: P.A. 86-999.)
20    Section 30. The Illinois Public Aid Code is amended by
21changing Section 12-4.24a as follows:
22    (305 ILCS 5/12-4.24a)  (from Ch. 23, par. 12-4.24a)



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1    Sec. 12-4.24a. Report and recommendations concerning
2designated shortage area. The Illinois Department shall
3analyze payments made to providers of medical services under
4Article V of this Code to determine whether any special
5compensatory standard should be applied to payments to such
6providers in designated shortage areas as defined in Section
73.04 of the Medical Education Assistance Family Practice
8Residency Act, as now or hereafter amended. The Illinois
9Department shall, not later than June 30, 1990, report to the
10Governor and the General Assembly concerning the results of its
11analysis, and may provide by rule for adjustments in its
12payment rates to medical service providers in such areas.
13(Source: P.A. 92-111, eff. 1-1-02.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".