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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 Department of Public Health Powers and | |||||||||||||||||||
| 5 | Duties Law of the Civil Administrative Code of Illinois is | |||||||||||||||||||
| 6 | amended by changing Section 2310-715 as follows: | |||||||||||||||||||
| 7 | (20 ILCS 2310/2310-715) | |||||||||||||||||||
| 8 | Sec. 2310-715. Community Safety-Net Hospital Health Equity | |||||||||||||||||||
| 9 | and Access Leadership (HEAL) Grant Program. | |||||||||||||||||||
| 10 | (a) Findings. The General Assembly finds that there are | |||||||||||||||||||
| 11 | communities in Illinois that experience significant health | |||||||||||||||||||
| 12 | care disparities, as recently emphasized by the COVID-19 | |||||||||||||||||||
| 13 | pandemic, aggravated by social determinants of health and a | |||||||||||||||||||
| 14 | lack of sufficient access to high quality health care | |||||||||||||||||||
| 15 | resources, particularly community-based services, preventive | |||||||||||||||||||
| 16 | care, obstetric care, chronic disease management, and | |||||||||||||||||||
| 17 | specialty care. Community safety-net Safety-net hospitals, as | |||||||||||||||||||
| 18 | defined under the this Section Illinois Public Aid Code, serve | |||||||||||||||||||
| 19 | as the anchors of the health care system for many of these | |||||||||||||||||||
| 20 | communities. These Safety-net hospitals not only care for | |||||||||||||||||||
| 21 | their patients, they also are rooted in their communities and | |||||||||||||||||||
| 22 | provide by providing jobs and partner partnering with local | |||||||||||||||||||
| 23 | organizations to help address the social determinants of | |||||||||||||||||||
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| 1 | health, such as food, housing, and transportation needs. | ||||||
| 2 | However, community safety-net hospitals serve a | ||||||
| 3 | significant number of Medicare, Medicaid, and uninsured | ||||||
| 4 | patients, and therefore, are heavily dependent on underfunded | ||||||
| 5 | government payers, and are heavily burdened by uncompensated | ||||||
| 6 | care. At the same time, the overall cost of providing care has | ||||||
| 7 | increased substantially in recent years, driven by increasing | ||||||
| 8 | costs for staffing, prescription drugs, technology, and | ||||||
| 9 | infrastructure. | ||||||
| 10 | For all of these reasons, the General Assembly finds that | ||||||
| 11 | the long-term sustainability of community safety-net hospitals | ||||||
| 12 | is threatened. While the General Assembly has provided is | ||||||
| 13 | providing funding to the Department to be paid to support the | ||||||
| 14 | expenses of specific community safety-net hospitals in | ||||||
| 15 | previous fiscal years State Fiscal Year 2023, such annual, ad | ||||||
| 16 | hoc funding is not a reliable and stable source of funding that | ||||||
| 17 | will enable community safety-net hospitals to develop | ||||||
| 18 | strategies to achieve long term sustainability. Such annual, | ||||||
| 19 | ad hoc funding also does not provide the State with | ||||||
| 20 | transparency and accountability to ensure that such funding is | ||||||
| 21 | being used effectively and efficiently to maximize the benefit | ||||||
| 22 | to members of the community. | ||||||
| 23 | Therefore, it is the intent of the General Assembly that | ||||||
| 24 | the Department of Public Health and the Department of | ||||||
| 25 | Healthcare and Family Services jointly create provide options | ||||||
| 26 | and recommendations to the General Assembly by February 1, | ||||||
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| 1 | 2023, for the establishment of a permanent Community | ||||||
| 2 | Safety-Net Hospital Health Equity and Access Leadership (HEAL) | ||||||
| 3 | Grant Program, in accordance with this Section. It is the | ||||||
| 4 | intention of the General Assembly that, beginning in fiscal | ||||||
| 5 | year 2027 during State fiscal years 2024 through 2029, the | ||||||
| 6 | Community Safety-Net Safety-Net Hospital Health Equity and | ||||||
| 7 | Access Leadership (HEAL) Grant Program shall be supported by | ||||||
| 8 | an annual funding pool of at least up to $100,000,000, subject | ||||||
| 9 | to appropriation. | ||||||
| 10 | (a-5) Definitions. As used in this Section: | ||||||
| 11 | "Community safety-net hospital" means a hospital that | ||||||
| 12 | satisfies the criteria under Section 5-5e.1 of the Illinois | ||||||
| 13 | Public Aid Code and that is not part of a health system with | ||||||
| 14 | more than $1,000,000,000 in assets. | ||||||
| 15 | "Health system" means a group of hospitals that are owned | ||||||
| 16 | and operated by the same entity. | ||||||
| 17 | "Medically underserved area" means a geographic area with | ||||||
| 18 | a shortage of primary health care services for residents. | ||||||
| 19 | (b) By February 1, 2027 2023, the Department of Public | ||||||
| 20 | Health and the Department of Healthcare and Family Services | ||||||
| 21 | shall provide a joint report to the General Assembly on | ||||||
| 22 | options and recommendations for the establishment of a | ||||||
| 23 | permanent Community Safety-Net Hospital Health Equity and | ||||||
| 24 | Access Leadership (HEAL) Grant Program to be administered by | ||||||
| 25 | the State. For this report, "safety-net hospital" means a | ||||||
| 26 | hospital identified by the Department of Healthcare and Family | ||||||
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| 1 | Services under Section 5-5e.1 of the Illinois Public Aid Code. | ||||||
| 2 | The Departments of Public Health and Healthcare and Family | ||||||
| 3 | Services may consult with the statewide association | ||||||
| 4 | representing a majority of hospitals and community safety-net | ||||||
| 5 | hospitals on the report. The report may include, but need not | ||||||
| 6 | be limited to: | ||||||
| 7 | (1) Criteria for a community safety-net hospital to be | ||||||
| 8 | eligible for the program, such as: | ||||||
| 9 | (A) The hospital is a community safety-net | ||||||
| 10 | hospital as defined in this Section participating | ||||||
| 11 | provider in at least one Medicaid managed care plan. | ||||||
| 12 | (B) The hospital is located in a medically | ||||||
| 13 | underserved area. | ||||||
| 14 | (C) The hospital's Medicaid utilization rate (for | ||||||
| 15 | both inpatient and outpatient services). | ||||||
| 16 | (D) The hospital's Medicare utilization rate (for | ||||||
| 17 | both inpatient and outpatient services). | ||||||
| 18 | (E) The hospital's uncompensated care percentage. | ||||||
| 19 | (C) (F) The hospital is demonstrably working to | ||||||
| 20 | expand hospital's role in providing access to | ||||||
| 21 | services, reducing health disparities, and improving | ||||||
| 22 | health equity in its service area. | ||||||
| 23 | (G) The hospital's performance on quality | ||||||
| 24 | indicators. | ||||||
| 25 | (2) Information regarding additional requirements for | ||||||
| 26 | the Community Safety-Net Hospital Health Equity and Access | ||||||
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| 1 | Leadership (HEAL) Grant Program, such as: | ||||||
| 2 | (A) an application process and criteria to | ||||||
| 3 | determine which applications should receive funding, | ||||||
| 4 | established by the Department of Healthcare and Family | ||||||
| 5 | Services and the Department of Public Health, with | ||||||
| 6 | formal input from stakeholders; and | ||||||
| 7 | (B) policies, standards, and procedures developed | ||||||
| 8 | by the Department of Healthcare and Family Services | ||||||
| 9 | and the Department of Public Health, with formal input | ||||||
| 10 | from stakeholders, to both administer the program and | ||||||
| 11 | ensure accountability, that include, at a minimum: | ||||||
| 12 | (i) transparency: participant hospitals must | ||||||
| 13 | open all governing board meetings to the public | ||||||
| 14 | and include space and time for public comment; | ||||||
| 15 | (ii) stakeholder oversight or codetermination: | ||||||
| 16 | participant hospitals must: | ||||||
| 17 | (I) have governing boards comprised of, at | ||||||
| 18 | a minimum, 51% community members, frontline | ||||||
| 19 | hospital workers, and patients; and | ||||||
| 20 | (II) create an advocacy council comprised | ||||||
| 21 | of community members, frontline hospital | ||||||
| 22 | workers, patients, and other key stakeholders | ||||||
| 23 | that has meaningful input into hospital | ||||||
| 24 | management and strategic decision making that | ||||||
| 25 | meets at least quarterly and upon its own | ||||||
| 26 | initiative; and | ||||||
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| 1 | (iii) wage and labor standards: participant | ||||||
| 2 | hospitals must: | ||||||
| 3 | (I) pay workers a living wage; | ||||||
| 4 | (II) permit workers to form or join a | ||||||
| 5 | labor organization of their choice without | ||||||
| 6 | interference from management; and | ||||||
| 7 | (III) staff adequately and negotiate a | ||||||
| 8 | process for resolving formal objections to | ||||||
| 9 | unsafe staffing. | ||||||
| 10 | Potential projects eligible for grant funds which may | ||||||
| 11 | include projects to reduce health disparities, advance | ||||||
| 12 | health equity, or improve access to or the quality of | ||||||
| 13 | health care services. | ||||||
| 14 | (3) Potential policies, standards, and procedures to | ||||||
| 15 | ensure accountability for the use of grant funds. | ||||||
| 16 | (4) Potential strategies to generate federal Medicaid | ||||||
| 17 | matching funds for expenditures under the program. | ||||||
| 18 | (5) Potential policies, processes, and procedures for | ||||||
| 19 | the administration of the program. | ||||||
| 20 | (Source: P.A. 102-886, eff. 5-17-22; 103-154, eff. 6-30-23.) | ||||||