Illinois General Assembly - Full Text of Public Act 095-0133
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Public Act 095-0133


 

Public Act 0133 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0133
 
HB1066 Enrolled LRB095 04171 DRJ 26752 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Hospice Program Licensing Act is amended by
adding Section 15 as follows:
 
    (210 ILCS 60/15 new)
    Sec. 15. Hospice and Palliative Care Advisory Board.
    (a) The Director shall appoint a Hospice and Palliative
Care Advisory Board ("the Board") to consult with the
Department as provided in this Section. The membership of the
Board shall be as follows:
        (1) The Director, ex officio, who shall be a nonvoting
    member and shall serve as chairman of the Board.
        (2) One representative of each of the following State
    agencies, each of whom shall be a nonvoting member: the
    Department of Healthcare and Family Services, the
    Department of Human Services, and the Department on Aging.
        (3) One member who is a physician licensed to practice
    medicine in all its branches, selected from the
    recommendations of a statewide professional society
    representing physicians licensed to practice medicine in
    all its branches in all specialties.
        (4) One member who is a registered nurse, selected from
    the recommendations of professional nursing associations.
        (5) Four members selected from the recommendations of
    organizations whose primary membership consists of hospice
    programs.
        (6) Two members who represent the general public and
    who have no responsibility for management or formation of
    policy of a hospice program and no financial interest in a
    hospice program.
        (7) One member selected from the recommendations of
    consumer organizations that engage in advocacy or legal
    representation on behalf of hospice patients and their
    immediate families.
    (b) Of the initial appointees, 4 shall serve for terms of 2
years, 4 shall serve for terms of 3 years, and 5 shall serve
for terms of 4 years, as determined by lot at the first meeting
of the Board. Each successor member shall be appointed for a
term of 4 years. A member appointed to fill a vacancy before
the expiration of the term for which his or her predecessor was
appointed shall be appointed to serve for the remainder of that
term.
    (c) The Board shall meet as frequently as the chairman
deems necessary, but not less than 4 times each year. Upon the
request of 4 or more Board members, the chairman shall call a
meeting of the Board. A Board member may designate a
replacement to serve at a Board meeting in place of the member
by submitting a letter stating that designation to the chairman
before or at the Board meeting. The replacement member must
represent the same general interests as the member being
replaced, as described in paragraphs (1) through (7) of
subsection (a).
    (d) Board members are entitled to reimbursement for their
actual expenses incurred in performing their duties.
    (e) The Board shall advise the Department on all aspects of
the Department's responsibilities under this Act, including
the format and content of any rules adopted by the Department
on or after the effective date of this amendatory Act of the
95th General Assembly. Any such rule or amendment to a rule
proposed on or after the effective date of this amendatory Act
of the 95th General Assembly, except an emergency rule adopted
pursuant to Section 5-45 of the Illinois Administrative
Procedure Act, that is adopted without obtaining the advice of
the Board is null and void. If the Department fails to follow
the advice of the Board with respect to a proposed rule or
amendment to a rule, the Department shall, before adopting the
rule or amendment to a rule, transmit a written explanation of
the reason for its action to the Board. During its review of
rules, the Board shall analyze the economic and regulatory
impact of those rules. If the Board, having been asked for its
advice with respect to a proposed rule or amendment to a rule,
fails to advise the Department within 90 days, the proposed
rule or amendment shall be considered to have been acted upon
by the Board.

Effective Date: 1/1/2008