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Public Act 094-0648
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| HB2509 Enrolled |
LRB094 10743 MKM 41163 b |
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AN ACT concerning hospitals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Hospital Basic Services Preservation Act.
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Section 5. Definitions. As used in this Act: |
"Basic services" means emergency room and obstetrical |
services provided within a hospital. "Basic services" is |
limited to the emergency and obstetric units and services |
provided by those units. |
"Eligible expenses" means expenses for expanding |
obstetrical or emergency units, updating equipment, repairing |
essential equipment, and purchasing new equipment that will |
increase the quality of basic services provided. "Eligible |
expenses" does not include expenses related to cosmetic |
upgrades, staff expansion or salary, or structural expansion of |
any unit or department of a hospital. |
"Essential community hospital provider" means a facility |
meeting criteria established by rule by the State Treasurer.
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Section 7. Hospital Basic Services Review Board. |
(a) The Hospital Basic Services Review Board is created for |
the purpose of reviewing and recommending to the State |
Treasurer essential community hospitals seeking |
collateralization of basic service loans for eligible expenses |
related to completing, attaining, or upgrading basic services. |
(b) The Board shall consist of 5 members as follows: one |
member appointed by the Governor; one member appointed by the |
Speaker of the House of Representatives; one member appointed |
by the President of the Senate; one member appointed by the |
Minority Leader of the House of Representatives; and one member |
appointed by the Minority Leader of the Senate. The members of |
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the Board shall serve at the pleasure of their appointing |
authorities. Vacancies shall be filled in the same manner as |
the original appointment. |
(c) The Department of Public Health shall provide staff |
assistance to the Board as is reasonably required in order for |
the Board to carry out its responsibilities.
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Section 10. Hospital Basic Services Preservation Fund.
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There is created in the State treasury the Hospital Basic |
Services Preservation Fund. The Fund shall be administered by |
the State Treasurer to collateralize loans from financial |
institutions for capital projects necessary to maintain |
certain basic services required for the efficient and effective |
operation of essential community hospital providers who |
otherwise may not be able to meet financial institution credit |
standards for issuance of a standard commercial loan. The Fund |
shall consist of all public and private moneys donated or |
transferred to the Fund for the purpose of enabling essential |
community hospitals to continue to provide basic quality health |
care services that are subject to and meet standards of need |
under the Health Facilities Planning Act. All public funds |
deposited into the Fund shall be subject to appropriation by |
the General Assembly.
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Section 15. Basic services loans. |
(a) Essential community hospitals seeking |
collateralization of loans under this Act must apply to the |
Illinois Health Facilities Planning Board on a form prescribed |
by the Illinois Health Facilities Planning Board by rule. The |
Illinois Health Facilities Planning Board shall review the |
application and, if it approves the applicant's plan, shall |
forward the application and its approval to the Hospital Basic |
Services Review Board. |
(b) Upon receipt of the applicant's application and |
approval from the Illinois Health Facilities Planning Board, |
the Hospital Basic Services Review Board shall request from the |
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applicant and the applicant shall submit to the Hospital Basic |
Services Review Board all of the following information: |
(1) A copy of the hospital's last audited financial |
statement. |
(2) The percentage of the hospital's patients each year |
who are Medicaid patients. |
(3) The percentage of the hospital's patients each year |
who are Medicare patients. |
(4) The percentage of the hospital's patients each year |
who are uninsured. |
(5) The percentage of services provided by the hospital |
each year for which the hospital expected payment but for |
which no payment was received. |
(6) Any other information required by the Hospital |
Basic Services Review Board by rule. |
The Hospital Basic Services Review Board shall review the |
applicant's original application, the approval of the Illinois |
Health Facilities Planning Board, and the information provided |
by the applicant to the Hospital Basic Services Review Board |
under this Section and make a recommendation to the State |
Treasurer to accept or deny the application. |
(c) If the Hospital Basic Services Review Board recommends |
that the application be accepted, the State Treasurer may |
collateralize the applicant's basic service loan for eligible |
expenses related to completing, attaining, or upgrading basic |
services, including, but not limited to, delivery, |
installation, staff training, and other eligible expenses as |
defined by the State Treasurer by rule. The total cost for any |
one project to be undertaken by the applicants shall not exceed |
$10,000,000 and the amount of each basic services loan |
collateralized under this Act shall not exceed $5,000,000. |
Expenditures related to basic service loans shall not exceed |
the amount available in the Fund necessary to collateralize the |
loans. The terms of any basic services loan collateralized |
under this Act must be approved by the State Treasurer in |
accordance with standards established by the State Treasurer by |
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rule.
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Section 20. Responsibility of hospitals. Each hospital |
that receives a loan collateralized under this Act shall take |
the necessary measures, as defined by the State Treasurer by |
rule, to account for all moneys and to ensure that they are |
spent on the basic services for which the loan was approved. |
Any hospital receiving a loan collateralized under this Act is |
not eligible for collateralization of another basic services |
loan under this Act within 10 years after the deposit of funds |
awarded under the first collateralized loan.
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Section 25. Rules. The State Treasurer shall promulgate |
rules necessary for the administration of this Act.
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Section 90. The State Finance Act is amended by adding |
Section
5.640 and by changing Section 8h as follows:
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(30 ILCS 105/5.640 new)
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Sec. 5.640. The Hospital Basic Services Preservation Fund.
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(30 ILCS 105/8h)
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Sec. 8h. Transfers to General Revenue Fund. |
(a) Except as provided in subsection (b), notwithstanding |
any other
State law to the contrary, the Governor
may, through |
June 30, 2007, from time to time direct the State Treasurer and |
Comptroller to transfer
a specified sum from any fund held by |
the State Treasurer to the General
Revenue Fund in order to |
help defray the State's operating costs for the
fiscal year. |
The total transfer under this Section from any fund in any
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fiscal year shall not exceed the lesser of (i) 8% of the |
revenues to be deposited
into the fund during that fiscal year |
or (ii) an amount that leaves a remaining fund balance of 25% |
of the July 1 fund balance of that fiscal year. In fiscal year |
2005 only, prior to calculating the July 1, 2004 final |
balances, the Governor may calculate and direct the State |
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Treasurer with the Comptroller to transfer additional amounts |
determined by applying the formula authorized in Public Act |
93-839 to the funds balances on July 1, 2003.
No transfer may |
be made from a fund under this Section that would have the
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effect of reducing the available balance in the fund to an |
amount less than
the amount remaining unexpended and unreserved |
from the total appropriation
from that fund estimated to be |
expended for that fiscal year. This Section does not apply to |
any
funds that are restricted by federal law to a specific use, |
to any funds in
the Motor Fuel Tax Fund, the Hospital Provider |
Fund, the Medicaid Provider Relief Fund, or the Reviewing Court |
Alternative Dispute Resolution Fund, or the Hospital Basic |
Services Preservation Fund, or to any
funds to which subsection |
(f) of Section 20-40 of the Nursing and Advanced Practice |
Nursing Act applies. Notwithstanding any
other provision of |
this Section, for fiscal year 2004,
the total transfer under |
this Section from the Road Fund or the State
Construction |
Account Fund shall not exceed the lesser of (i) 5% of the |
revenues to be deposited
into the fund during that fiscal year |
or (ii) 25% of the beginning balance in the fund.
For fiscal |
year 2005 through fiscal year 2007, no amounts may be |
transferred under this Section from the Road Fund, the State |
Construction Account Fund, the Criminal Justice Information |
Systems Trust Fund, the Wireless Service Emergency Fund, or the |
Mandatory Arbitration Fund.
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In determining the available balance in a fund, the |
Governor
may include receipts, transfers into the fund, and |
other
resources anticipated to be available in the fund in that |
fiscal year.
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The State Treasurer and Comptroller shall transfer the |
amounts designated
under this Section as soon as may be |
practicable after receiving the direction
to transfer from the |
Governor.
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(b) This Section does not apply to any fund established |
under the Community Senior Services and Resources Act.
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(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |