Full Text of HB4735 102nd General Assembly
HB4735eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended 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| 7 | | (Section scheduled to be repealed on December 31, 2029)
| 8 | | Sec. 4. Health Facilities and Services Review Board; | 9 | | membership; appointment; term;
compensation; quorum. | 10 | | (a) There is created the Health
Facilities and Services | 11 | | Review Board, which
shall perform the functions described in | 12 | | this
Act. The Department shall provide operational support to | 13 | | the Board as necessary, including the provision of office | 14 | | space, supplies, and clerical, financial, and accounting | 15 | | services. The Board may contract for functions or operational | 16 | | support as needed. The Board may also contract with experts | 17 | | related to specific health services or facilities and create | 18 | | technical advisory panels to assist in the development of | 19 | | criteria, standards, and procedures used in the evaluation of | 20 | | applications for permit and exemption.
| 21 | | (b) The State Board shall consist of 11 voting members. | 22 | | All members shall be residents of Illinois and at least 4 shall | 23 | | reside outside the Chicago Metropolitan Statistical Area. |
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| 1 | | Consideration shall be given to potential appointees who | 2 | | reflect the ethnic and cultural diversity of the State. | 3 | | Neither Board members nor Board staff shall be convicted | 4 | | felons or have pled guilty to a felony. | 5 | | Each member shall have a reasonable knowledge of the | 6 | | practice, procedures and principles of the health care | 7 | | delivery system in Illinois, including at least 5 members who | 8 | | shall be knowledgeable about health care delivery systems, | 9 | | health systems planning, finance, or the management of health | 10 | | care facilities currently regulated under the Act. One member | 11 | | shall be a representative of a non-profit health care consumer | 12 | | advocacy organization. One member shall be a representative | 13 | | from the community with experience on the effects of | 14 | | discontinuing health care services or the closure of health | 15 | | care facilities on the surrounding community; provided, | 16 | | however, that all other members of the Board shall be | 17 | | appointed before this member shall be appointed. A spouse, | 18 | | parent, sibling, or child of a Board member cannot be an | 19 | | employee, agent, or under contract with services or facilities | 20 | | subject to the Act. Prior to appointment and in the course of | 21 | | service on the Board, members of the Board shall disclose the | 22 | | employment or other financial interest of any other relative | 23 | | of the member, if known, in service or facilities subject to | 24 | | the Act. Members of the Board shall declare any conflict of | 25 | | interest that may exist with respect to the status of those | 26 | | relatives and recuse themselves from voting on any issue for |
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| 1 | | which a conflict of interest is declared. No person shall be | 2 | | appointed or continue to serve as a member of the State Board | 3 | | who is, or whose spouse, parent, sibling, or child is, a member | 4 | | of the Board of Directors of, has a financial interest in, or | 5 | | has a business relationship with a health care facility. | 6 | | Notwithstanding any provision of this Section to the | 7 | | contrary, the term of
office of each member of the State Board | 8 | | serving on the day before the effective date of this | 9 | | amendatory Act of the 96th General Assembly is abolished on | 10 | | the date upon which members of the Board, as established by | 11 | | this amendatory Act of the 96th General Assembly, have been | 12 | | appointed and can begin to take action as a Board.
| 13 | | (c) The State Board shall be appointed by the Governor, | 14 | | with the advice
and consent of the Senate. Not more than 6 of | 15 | | the
appointments shall be of the same political party at the | 16 | | time of the appointment.
| 17 | | The Secretary of Human Services, the Director of | 18 | | Healthcare and Family Services, and
the Director of Public | 19 | | Health, or their designated representatives,
shall serve as | 20 | | ex-officio, non-voting members of the State Board.
| 21 | | (d) Of those members initially appointed by the Governor | 22 | | following the effective date of this
amendatory Act of the | 23 | | 96th General Assembly, 3 shall serve for terms expiring
July | 24 | | 1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | 25 | | shall serve
for terms expiring July 1, 2013. Thereafter, each
| 26 | | appointed member shall
hold office for a term of 3 years, |
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| 1 | | provided that any member
appointed to fill a vacancy
occurring | 2 | | prior to the expiration of the
term for which his or her | 3 | | predecessor was appointed shall be appointed for the
remainder | 4 | | of such term and the term of office of each successor shall
| 5 | | commence on July 1 of the year in which his predecessor's term | 6 | | expires. Each
member shall hold office until his or her | 7 | | successor is appointed and qualified. The Governor may | 8 | | reappoint a member for additional terms, but no member shall | 9 | | serve more than 3 terms, subject to review and re-approval | 10 | | every 3 years.
| 11 | | (e) State Board members, while serving on business of the | 12 | | State Board,
shall receive actual and necessary travel and | 13 | | subsistence expenses while
so serving away from their places
| 14 | | of residence. State Board members may opt in to receive a | 15 | | stipend of $250 and the State Board chair may opt in to receive | 16 | | a stipend of $400 for each Board meeting that they attend. | 17 | | Until March 1, 2010, a
member of the State Board who | 18 | | experiences a significant financial hardship
due to the loss | 19 | | of income on days of attendance at meetings or while otherwise
| 20 | | engaged in the business of the State Board may be paid a | 21 | | hardship allowance, as
determined by and subject to the | 22 | | approval of the Governor's Travel Control
Board.
| 23 | | (f) The Governor shall designate one of the members to | 24 | | serve as the Chairman of the Board, who shall be a person with | 25 | | expertise in health care delivery system planning, finance or | 26 | | management of health care facilities that are regulated under |
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| 1 | | the Act. The Chairman shall annually review Board member | 2 | | performance and shall report the attendance record of each | 3 | | Board member to the General Assembly. | 4 | | (g) The State Board, through the Chairman, shall prepare a | 5 | | separate and distinct budget approved by the General Assembly | 6 | | and shall hire and supervise its own professional staff | 7 | | responsible for carrying out the responsibilities of the | 8 | | Board.
| 9 | | (h) The State Board shall meet at least every 45 days, or | 10 | | as often as
the Chairman of the State Board deems necessary, or | 11 | | upon the request of
a majority of the members.
| 12 | | (i) Six
members of the State Board shall constitute a | 13 | | quorum.
The affirmative vote of 6 of the members of the State | 14 | | Board shall be
necessary for
any action requiring a vote to be | 15 | | taken by the State
Board. A vacancy in the membership of the | 16 | | State Board shall not impair the
right of a quorum to exercise | 17 | | all the rights and perform all the duties of the
State Board as | 18 | | provided by this Act.
| 19 | | (j) A State Board member shall disqualify himself or | 20 | | herself from the
consideration of any application for a permit | 21 | | or
exemption in which the State Board member or the State Board | 22 | | member's spouse,
parent, sibling, or child: (i) has
an | 23 | | economic interest in the matter; or (ii) is employed by, | 24 | | serves as a
consultant for, or is a member of the
governing | 25 | | board of the applicant or a party opposing the application.
| 26 | | (k) The Chairman, Board members, and Board staff must |
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| 1 | | comply with the Illinois Governmental Ethics Act. | 2 | | (Source: P.A. 102-4, eff. 4-27-21.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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