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Public Act 101-0118


 

Public Act 0118 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0118
 
SB0447 EnrolledLRB101 04208 AXK 49216 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-220 as follows:
 
    (20 ILCS 2310/2310-220)  (was 20 ILCS 2310/55.73)
    Sec. 2310-220. Findings; rural obstetrical care. The
General Assembly finds that substantial areas of rural Illinois
lack adequate access to obstetrical care. The primary cause of
this problem is the absence of qualified practitioners who are
willing to offer obstetrical services. A significant barrier to
recruiting and retaining those practitioners is the high cost
of professional liability insurance for practitioners offering
obstetrical care.
    Therefore, the Department, from funds appropriated for
that purpose, shall award grants to physicians practicing
obstetrics in rural designated shortage areas, as defined in
Section 3.04 of the Underserved Physician Workforce Family
Practice Residency Act, for the purpose of reimbursing those
physicians for the costs of obtaining malpractice insurance
relating to obstetrical services. The Department shall
establish reasonable conditions, standards, and duties
relating to the application for and receipt of the grants.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    Section 10. The Family Practice Residency Act is amended by
changing the title of the Act and Sections 1, 2, 3.03, 3.06,
3.07, 3.09, 4.01, 4.02, 4.07, 4.10, 4.11, 5, 6, and 9 and by
adding Section 3.10 as follows:
 
    (110 ILCS 935/Act title)
An Act to provide grants for primary care and other family
practice residency programs, and medical student scholarships,
and loan repayment assistance through the Illinois Department
of Public Health.
 
    (110 ILCS 935/1)  (from Ch. 144, par. 1451)
    Sec. 1. This Act shall be known and may be cited as the
Underserved Physician Workforce Act "Family Practice Residency
Act".
(Source: P.A. 80-478.)
 
    (110 ILCS 935/2)  (from Ch. 144, par. 1452)
    Sec. 2. The purpose of this Act is to establish programs in
the Illinois Department of Public Health to upgrade primary
health care services for all citizens of the State, to increase
access, and to reduce health care disparities by providing
grants to family practice and preventive medicine residency
programs, scholarships to medical students, and a loan
repayment program for physicians and other eligible health
primary care providers who will agree to practice in areas of
the State demonstrating the greatest need for more professional
medical care. The programs shall encourage family practice
physicians and other eligible health care primary care
providers to locate in areas where health manpower shortages
exist and to increase the total number of family practice
physicians and other eligible health care primary care
providers in the State.
(Source: P.A. 98-674, eff. 6-30-14.)
 
    (110 ILCS 935/3.03)  (from Ch. 144, par. 1453.03)
    Sec. 3.03. "Committee" means the Advisory Committee for
Family Practice Residency Programs created by this Act.
(Source: P.A. 80-478.)
 
    (110 ILCS 935/3.06)  (from Ch. 144, par. 1453.06)
    Sec. 3.06. "Residency Family practice residency program"
means a program accredited by the Accreditation Council for
Graduate Medical Education, or the Committee on Postdoctoral
Training of the American Osteopathic Association.
(Source: P.A. 84-1341.)
 
    (110 ILCS 935/3.07)  (from Ch. 144, par. 1453.07)
    Sec. 3.07. "Eligible medical student" means a person who
meets all of the following qualifications:
        (a) he or she is an Illinois resident at the time of
    application for a scholarship under the program
    established by this Act;
        (b) he or she is studying medicine in a medical school
    located in Illinois;
        (c) he or she exhibits financial need as determined by
    the Department; and
        (d) he or she agrees to practice full-time in a
    Designated Shortage Area as a primary care physician,
    general surgeon, emergency medicine physician, or
    obstetrician one year for each year he or she is a
    scholarship recipient.
(Source: P.A. 84-1341.)
 
    (110 ILCS 935/3.09)
    Sec. 3.09. Eligible health care provider primary care
providers. "Eligible health care provider primary care
providers" means a primary care physician, general surgeon,
emergency medicine physician, or obstetrician health care
providers within specialties determined to be eligible by the
U.S. Health Resources and Services Administration for the
National Health Service Corps Loan Repayment Program.
(Source: P.A. 98-674, eff. 6-30-14.)
 
    (110 ILCS 935/3.10 new)
    Sec. 3.10. Primary care physician. "Primary care
physician" means a general internist, family physician, or
general pediatrician.
 
    (110 ILCS 935/4.01)  (from Ch. 144, par. 1454.01)
    Sec. 4.01. To allocate funds to family practice residency
programs according to the following priorities:
        (a) to increase the number of eligible health care
    providers family practice physicians in Designated
    Shortage Areas;
        (b) (blank); to increase the percentage of
    obstetricians establishing practice within the State upon
    completion of residency;
        (c) to increase the number of accredited, eligible
    health care provider family practice residencies within
    the State;
        (d) to increase the percentage of eligible health care
    providers family practice physicians establishing practice
    within the State upon completion of residency; and
        (e) to provide funds for rental of office space,
    purchase of equipment, and other uses necessary to enable
    eligible health care providers family practitioners to
    locate their practices in communities located in
    designated shortage areas.
(Source: P.A. 86-1384.)
 
    (110 ILCS 935/4.02)  (from Ch. 144, par. 1454.02)
    Sec. 4.02. To determine the procedures for the distribution
of the funds to family practice residency programs, including
the establishment of eligibility criteria in accordance with
the following guidelines:
        (a) preference for programs which are to be established
    at locations which exhibit potential for extending
    eligible health care provider family practice physician
    availability to Designated Shortage Areas;
        (b) preference for programs which are located away from
    communities in which medical schools are located; and
        (c) preference for programs located in hospitals
    having affiliation agreements with medical schools located
    within the State.
    In distributing such funds, the Department may also
consider as secondary criteria whether a family practice
residency program has:
        (1) Adequate courses of instruction in the behavioral
    sciences;
        (2) Availability and systematic utilization of
    opportunities for residents to gain experience through
    local health departments or other preventive or
    occupational medical facilities;
        (3) A continuing program of community-oriented
    research in such areas as risk factors in community
    populations, immunization levels, environmental hazards,
    or occupational hazards;
        (4) Sufficient mechanisms for maintenance of quality
    training, such as peer review, systematic progress
    reviews, referral system, and maintenance of adequate
    records; and
        (5) An appropriate course of instruction in societal,
    institutional, and economic conditions affecting a rural
    health care family practice.
(Source: P.A. 81-321.)
 
    (110 ILCS 935/4.07)  (from Ch. 144, par. 1454.07)
    Sec. 4.07. To coordinate the family residency grants
program established under this Act with the program
administered by the Illinois Board of Higher Education under
the "Health Services Education Grants Act".
(Source: P.A. 80-478.)
 
    (110 ILCS 935/4.10)  (from Ch. 144, par. 1454.10)
    Sec. 4.10. To establish programs, and the criteria for such
programs, for the repayment of the educational loans of primary
care physicians and other eligible health primary care
providers who agree to serve in Designated Shortage Areas for a
specified period of time, no less than 2 years. Payments under
this program may be made for the principal, interest, and
related expenses of government and commercial loans received by
the individual for tuition expenses, and all other reasonable
educational expenses incurred by the individual. Payments made
under this provision shall be exempt from Illinois State Income
Tax. The Department may use tobacco settlement recovery funding
or other available funding to implement this Section.
(Source: P.A. 98-674, eff. 6-30-14.)
 
    (110 ILCS 935/4.11)  (from Ch. 144, par. 1454.11)
    Sec. 4.11. To require family practice residency programs
seeking grants under this Act to make application according to
procedures consistent with the priorities and guidelines
established in Sections 4.01 and 4.02 of this Act.
(Source: P.A. 80-478.)
 
    (110 ILCS 935/5)  (from Ch. 144, par. 1455)
    Sec. 5. The Advisory Committee for Family Practice
Residency Programs is created and shall consult with the
Director in the administration of this Act. The Committee shall
consist of 9 members appointed by the Director, 4 of whom shall
be eligible health care providers family practice physicians,
one of whom shall be the dean or associate or deputy dean of a
medical school in this State, and 4 of whom shall be
representatives of the general public. Terms of membership
shall be 4 years. Initial appointments by the Director shall be
staggered, with 4 appointments terminating January 31, 1979 and
4 terminating January 31, 1981. Each member shall continue to
serve after the expiration of his term until his successor has
been appointed. No person shall serve more than 2 terms.
Vacancies shall be filled by appointment for the unexpired term
of any member in the same manner as the vacant position had
been filled. The Committee shall select from its members a
chairman from among the eligible health care provider family
practice physician members, and such other officers as may be
required. The Committee shall meet as frequently as the
Director deems necessary, but not less than once each year. The
Committee members shall receive no compensation but shall be
reimbursed for actual expenses incurred in carrying out their
duties.
(Source: P.A. 92-635, eff. 7-11-02.)
 
    (110 ILCS 935/6)  (from Ch. 144, par. 1456)
    Sec. 6. Residency Family practice residency programs
seeking funds under this Act shall make application to the
Department. The application shall include evidence of local
support for the program, either in the form of funds, services,
or other resources. The ratio of State support to local support
shall be determined by the Department in a manner that is
consistent with the purpose of this Act as stated in Section 2
of this Act. In establishing such ratio of State to local
support, the Department may vary the amount of the required
local support depending upon the criticality of the need for
more professional health care services and , the geographic
location and the economic base of the Designated Shortage Area.
(Source: P.A. 80-478.)
 
    (110 ILCS 935/9)  (from Ch. 144, par. 1459)
    Sec. 9. The Department shall annually report to the General
Assembly and the Governor the results and progress of the
programs established by this Act on or before March 15th.
    The annual report to the General Assembly and the Governor
shall include the impact of programs established under this Act
on the ability of designated shortage areas to attract and
retain eligible physicians and other health care providers
personnel. The report shall include recommendations to improve
that ability.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
 
    (110 ILCS 935/7 rep.)
    Section 15. The Family Practice Residency Act is amended by
repealing Section 7.
 
    Section 20. The Nurses in Advancement Law is amended by
changing Section 1-20 as follows:
 
    (110 ILCS 970/1-20)  (from Ch. 144, par. 2781-20)
    Sec. 1-20. Scholarship requirements. It shall be lawful for
any organization to condition any loan or grant upon the
recipient's executing an agreement to commit not more than 5
years of his or her professional career to the goals
specifically outlined within the agreement including a
requirement that recipient practice nursing or medicine in
specifically designated practice and geographic areas.
    Any agreement executed by an organization and any recipient
of loan or grant assistance shall contain a provision for
liquidated damages to be paid for any breach of any provision
of the agreement, or any commitment contained therein, together
with attorney's fees and costs for the enforcement thereof. Any
such covenant shall be valid and enforceable in the courts of
this State as liquidated damages and shall not be considered a
penalty, provided that the provision for liquidated damages
does not exceed $2,500 for each year remaining for the
performance of the agreement.
    This Section shall not be construed as pertaining to or
limiting any liquidated damages resulting from scholarships
awarded under the Underserved Physician Workforce Family
Practice Residency Act.
(Source: P.A. 92-651, eff. 7-11-02.)
 
    Section 25. The Private Medical Scholarship Agreement Act
is amended by changing Section 3 as follows:
 
    (110 ILCS 980/3)  (from Ch. 144, par. 2703)
    Sec. 3. Any such agreement executed by such an organization
and any recipient of loan, grant assistance or recommendation
may contain a provision for liquidated damages to be paid for
any breach of any provision of the agreement, or any commitment
contained therein, together with attorney's fees and costs for
the enforcement thereof. Any such covenant shall be valid and
enforceable in the courts of this State as liquidated damages
and shall not be considered a penalty, provided that such
provision for liquidated damages does not exceed $2,500 for
each year remaining for the performance of such agreement.
    This Section shall not be construed as pertaining to or
limiting any liquidated damages resulting from scholarships
awarded under the Underserved Physician Workforce "Family
Practice Residency Act", as amended.
(Source: P.A. 86-999.)
 
    Section 30. The Illinois Public Aid Code is amended by
changing Section 12-4.24a as follows:
 
    (305 ILCS 5/12-4.24a)  (from Ch. 23, par. 12-4.24a)
    Sec. 12-4.24a. Report and recommendations concerning
designated shortage area. The Illinois Department shall
analyze payments made to providers of medical services under
Article V of this Code to determine whether any special
compensatory standard should be applied to payments to such
providers in designated shortage areas as defined in Section
3.04 of the Underserved Physician Workforce Family Practice
Residency Act, as now or hereafter amended. The Illinois
Department shall, not later than June 30, 1990, report to the
Governor and the General Assembly concerning the results of its
analysis, and may provide by rule for adjustments in its
payment rates to medical service providers in such areas.
(Source: P.A. 92-111, eff. 1-1-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/22/2019