Illinois General Assembly - Illinois Compiled Statutes

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20 ILCS 3960/4

(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)

(Section scheduled to be repealed on December 31, 2029)

Sec. 4.

Health Facilities and Services Review Board; membership; appointment; term;
compensation; quorum.

(a) There is created the Health
Facilities and Services Review Board, which
shall perform the functions described in this
Act. The Department shall provide operational support to the Board as necessary, including the provision of office space, supplies, and clerical, financial, and accounting services. The Board may contract for functions or operational support as needed. The Board may also contract with experts related to specific health services or facilities and create technical advisory panels to assist in the development of criteria, standards, and procedures used in the evaluation of applications for permit and exemption.

(b) The State Board shall consist of 11 voting members. All members shall be residents of Illinois and at least 4 shall reside outside the Chicago Metropolitan Statistical Area. Consideration shall be given to potential appointees who reflect the ethnic and cultural diversity of the State. Neither Board members nor Board staff shall be convicted felons or have pled guilty to a felony.

Each member shall have a reasonable knowledge of the practice, procedures and principles of the health care delivery system in Illinois, including at least 5 members who shall be knowledgeable about health care delivery systems, health systems planning, finance, or the management of health care facilities currently regulated under the Act. One member shall be a representative of a non-profit health care consumer advocacy organization. One member shall be a representative from the community with experience on the effects of discontinuing health care services or the closure of health care facilities on the surrounding community; provided, however, that all other members of the Board shall be appointed before this member shall be appointed. A spouse, parent, sibling, or child of a Board member cannot be an employee, agent, or under contract with services or facilities subject to the Act. Prior to appointment and in the course of service on the Board, members of the Board shall disclose the employment or other financial interest of any other relative of the member, if known, in service or facilities subject to the Act. Members of the Board shall declare any conflict of interest that may exist with respect to the status of those relatives and recuse themselves from voting on any issue for which a conflict of interest is declared. No person shall be appointed or continue to serve as a member of the State Board who is, or whose spouse, parent, sibling, or child is, a member of the Board of Directors of, has a financial interest in, or has a business relationship with a health care facility.

Notwithstanding any provision of this Section to the contrary, the term of
office of each member of the State Board serving on the day before the effective date of this amendatory Act of the 96th General Assembly is abolished on the date upon which members of the Board, as established by this amendatory Act of the 96th General Assembly, have been appointed and can  begin to take action as a Board.

(c) The State Board shall be appointed by the Governor, with the advice
and consent of the Senate. Not more than 6 of the
appointments shall be of the same political party at the time of the appointment.

The Secretary of Human Services, the Director of Healthcare and Family Services, and
the Director of Public Health, or their designated representatives,
shall serve as ex-officio, non-voting members of the State Board.

(d) Of those members initially appointed by the Governor following the effective date of this
amendatory Act of the 96th General Assembly, 3 shall serve for terms expiring
July 1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3 shall serve
for terms expiring July 1, 2013.  Thereafter, each
appointed member shall
hold office for a term of 3 years, provided that any member
appointed to fill a vacancy
occurring prior to the expiration of the
term for which his or her predecessor was appointed shall be appointed for the
remainder of such term and the term of office of each successor shall
commence on July 1 of the year in which his predecessor's term expires. Each
member shall hold office until his or her successor is appointed and qualified. The Governor may reappoint a member for additional terms, but no member shall serve  more than 3 terms, subject to review and re-approval every 3 years.

(e) State Board members, while serving on business of the State Board,
shall receive actual and necessary travel and subsistence expenses while
so serving away from their places
of residence. Until March 1, 2010, a
 member of the State Board who experiences a significant financial hardship
due to the loss of income on days of attendance at meetings or while otherwise
engaged in the business of the State Board may be paid a hardship allowance, as
determined by and subject to the approval of the Governor's Travel Control
Board.

(f) The Governor shall designate one of the members to serve as the Chairman of the Board, who shall be a person with expertise  in health care delivery system planning, finance or management of health care facilities that are regulated under the Act.  The Chairman shall annually review Board member performance and shall report the attendance record of each Board member to the General Assembly.

(g)  The State Board, through the Chairman, shall prepare a separate and distinct budget approved by the General Assembly and shall hire and supervise its own professional staff responsible for carrying out the responsibilities of the Board.

(h) The State Board shall meet at least every 45 days, or as often as
the Chairman of the State Board deems necessary, or upon the request of
a majority of the members.

(i) Six
 members of the State Board shall constitute a quorum.
The affirmative vote of 6 of the members of the State Board shall be
necessary for
any action requiring a vote to be taken by the State
Board. A vacancy in the membership of the State Board shall not impair the
right of a quorum to exercise all the rights and perform all the duties of the
State Board as provided by this Act.

(j) A State Board member shall disqualify himself or herself from the
consideration of any application for a permit or
exemption in which the State Board member or the State Board member's spouse,
parent, sibling, or child: (i) has
an economic interest in the matter; or (ii) is employed by, serves as a
consultant for, or is a member of the
governing board of the applicant or a party opposing the application.

(k) The Chairman, Board members, and Board staff must comply with the Illinois Governmental Ethics Act.
(Source: P.A. 102-4, eff. 4-27-21.)