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    AN ACT concerning regulation.

 
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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 5. The Hospice Program Licensing Act is amended  by 
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adding Section 15 as follows:
 
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    (210 ILCS 60/15  new)
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    Sec. 15. Hospice and Palliative Care Advisory Board.
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    (a) The Director shall appoint a Hospice and Palliative 
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Care Advisory Board ("the Board") to consult with the 
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Department as provided in this Section. The membership of the 
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Board shall be as follows:
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        (1) The Director, ex officio, who shall be a nonvoting 
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    member and shall serve as chairman of the Board.
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        (2) One representative of each of the following State 
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    agencies, each of whom shall be a nonvoting member:         the 
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    Department of
    Healthcare and Family Services, the 
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    Department of Human Services, and the Department on Aging.
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        (3) One member who is a physician licensed to
    practice 
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    medicine in all its branches, selected from the 
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    recommendations of a statewide professional society 
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    representing physicians licensed to practice medicine in 
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    all its branches in all specialties.
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        (4) One member who is a registered nurse,
    selected from 
 


 






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    the recommendations of professional nursing associations.
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        (5) Four members selected from the
    recommendations of 
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    organizations whose primary membership consists of hospice 
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    programs.
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        (6) Two members who represent the general
    public and 
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    who have no responsibility for management or formation of 
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    policy of a hospice program and no financial interest in a 
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    hospice program.
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        (7) One member selected from the
    recommendations of 
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    consumer organizations that engage in advocacy or legal 
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    representation on behalf of hospice patients and their 
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    immediate families.
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    (b) Of the initial appointees, 4 shall serve for terms of 2 
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years, 4 shall serve for terms of 3 years, and 5 shall   serve 
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for terms of 4 years, as determined by lot at the first meeting 
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of the Board. Each successor member shall be appointed for a 
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term of 4 years. A member appointed to fill a vacancy before 
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the expiration of the term for which his or her predecessor was 
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appointed shall be appointed to serve for the remainder of that 
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term.
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    (c) The Board shall meet as frequently as the chairman 
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deems necessary, but not less than 4 times each year. Upon the 
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request of 4 or more Board members, the chairman shall call a 
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meeting of the Board. A Board member may designate a 
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replacement to serve at a Board meeting in place of the member 
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by submitting a letter stating that designation to the chairman 
 


 






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before or at the Board meeting. The replacement member must 
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represent the same general interests as the member being 
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replaced, as described in paragraphs (1) through (7) of 
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subsection (a).
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    (d) Board members are entitled to reimbursement for their 
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actual expenses incurred in performing their duties.
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    (e) The Board shall advise the Department on all aspects of 
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the Department's responsibilities under this Act, including 
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the format and content of any rules adopted by the Department 
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on or after the effective date of this amendatory Act of the 
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95th General Assembly. Any such rule  or amendment to a rule 
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proposed on or after the effective date of this amendatory Act 
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of the 95th General Assembly, except an emergency rule adopted 
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pursuant to Section 5-45 of the Illinois Administrative 
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Procedure Act, that is adopted without obtaining the advice of 
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the Board is null and void. If the Department fails to follow 
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the advice of the Board with respect to a proposed rule or 
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amendment to a rule, the Department shall, before adopting the 
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rule or amendment to a rule, transmit a written explanation of 
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the reason for its action to the Board. During its review of 
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rules, the Board shall analyze the economic and regulatory 
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impact of those rules. If the Board, having been asked for its 
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advice with respect to a proposed rule or amendment to a rule, 
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fails to advise the Department within 90 days, the proposed 
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rule or amendment shall be considered to have been acted upon 
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by the Board.