|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning education.
| ||||||
2 | WHEREAS, The General Assembly finds and recognizes that | ||||||
3 | there is a shortage of psychiatrists in designated shortage | ||||||
4 | areas within this State; therefore | ||||||
5 | Be it enacted by the People of the State of Illinois,
| ||||||
6 | represented in the General Assembly:
| ||||||
7 | Section 1. Short title. This Act may be cited as the | ||||||
8 | Psychiatry Practice Incentive Act. | ||||||
9 | Section 5. Purpose. The purpose of this Act is to establish | ||||||
10 | a program in the Department of Public Health to ensure access | ||||||
11 | to psychiatric health care services for all citizens of the | ||||||
12 | State, by establishing programs of grants, loans, and loan | ||||||
13 | forgiveness to recruit and retain psychiatric service | ||||||
14 | providers in designated areas of the State for physicians who | ||||||
15 | will agree to establish and maintain psychiatric practice in | ||||||
16 | areas of the State demonstrating the greatest need for more | ||||||
17 | psychiatric care. The program shall encourage licensed | ||||||
18 | psychiatrists to locate in areas where shortages exist and to | ||||||
19 | increase the total number of such physicians in the State. | ||||||
20 | Section 10. Definitions. In this Act, unless the context | ||||||
21 | otherwise requires: |
| |||||||
| |||||||
1 | "Department" means the Department of Public Health. | ||||||
2 | "Director" means the Director of Public Health. | ||||||
3 | "Designated shortage area" means an area designated by the | ||||||
4 | Director as a psychiatric or mental health physician shortage | ||||||
5 | area, as defined by the United States Department of Health and | ||||||
6 | Human Services or as further defined by the Department to | ||||||
7 | enable it to effectively fulfill the purpose stated in Section | ||||||
8 | 5 of this Act. Such areas may include the following: | ||||||
9 | (1) an urban or rural area that is a rational area for | ||||||
10 | the delivery of health services;
| ||||||
11 | (2) a population group; or
| ||||||
12 | (3) a public or nonprofit private medical facility.
| ||||||
13 | "Eligible medical student" means a person who meets all of | ||||||
14 | the following qualifications: | ||||||
15 | (1) He or she is an Illinois resident at the time of | ||||||
16 | application for assistance under the program established | ||||||
17 | by this Act.
| ||||||
18 | (2) He or she is studying medicine in a medical school | ||||||
19 | located in Illinois.
| ||||||
20 | (3) He or she exhibits financial need, as determined by | ||||||
21 | the Department.
| ||||||
22 | (4) He or she agrees to practice full time in a | ||||||
23 | designated shortage area as a psychiatrist for one year for | ||||||
24 | each year that he or she receives assistance under this | ||||||
25 | Act.
| ||||||
26 | (5) He or she agrees to accept medical payments, as |
| |||||||
| |||||||
1 | defined in this Act, and to serve targeted populations. | ||||||
2 | "Medical facility" means a facility for the delivery of | ||||||
3 | health services. "Medical facility" includes a hospital, State | ||||||
4 | mental health institution, public health center, outpatient | ||||||
5 | medical facility, rehabilitation facility, long-term care | ||||||
6 | facility, federally-qualified health center, migrant health | ||||||
7 | center, community health center, community mental health | ||||||
8 | center, or State correctional institution. | ||||||
9 | "Medical payments" means compensation provided to | ||||||
10 | physicians for services rendered under Article V of the | ||||||
11 | Illinois Public Aid Code. | ||||||
12 | "Medically underserved area" means an urban or rural area | ||||||
13 | designated by the Secretary of the United States Department of | ||||||
14 | Health and Human Services as an area with a shortage of | ||||||
15 | personal health services or as otherwise designated by the | ||||||
16 | Department of Public Health. | ||||||
17 | "Medically underserved population" means (i) the | ||||||
18 | population of an urban or rural area designated by the | ||||||
19 | Secretary of the United States Department of Health and Human | ||||||
20 | Services as an area with a shortage of personal health | ||||||
21 | services, (ii) a population group designated by the Secretary | ||||||
22 | of the United States Department of Health and Human Services as | ||||||
23 | having a shortage of personal health services, or (iii) as | ||||||
24 | otherwise designated by the Department of Public Health. | ||||||
25 | "Psychiatric physician" means a person licensed to | ||||||
26 | practice medicine in all of its branches under the Medical |
| |||||||
| |||||||
1 | Practice Act of 1987 with board eligibility or certification in | ||||||
2 | the specialty of psychiatry, as defined by recognized standards | ||||||
3 | of professional medical practice. | ||||||
4 | "Psychiatric practice residency program" means a program | ||||||
5 | accredited by the Residency Review Committee for Psychiatry of | ||||||
6 | the Accreditation Council for Graduate Medical Education or the | ||||||
7 | American Osteopathic Association. | ||||||
8 | "Targeted populations" means one or more of the following: | ||||||
9 | (i) a medically underserved population, (ii) persons in a | ||||||
10 | medically underserved area, (iii) an uninsured population of | ||||||
11 | this State, and (iv) persons enrolled in a medical program | ||||||
12 | administered by the Illinois Department of Healthcare and | ||||||
13 | Family Services. | ||||||
14 | "Uninsured population" means persons who (i) do not own | ||||||
15 | private health care insurance, (ii) are not part of a group | ||||||
16 | insurance plan, and (iii) are not eligible for any State or | ||||||
17 | federal government-sponsored health care program. | ||||||
18 | Section 15. Powers and duties of the Department. The | ||||||
19 | Department shall have all of the following powers and duties: | ||||||
20 | (1) To allocate funds to psychiatric practice | ||||||
21 | residency and child and adolescent fellowship programs | ||||||
22 | according to the following priorities:
| ||||||
23 | (A) to increase the number of psychiatric | ||||||
24 | physicians in designated shortage areas;
| ||||||
25 | (B) to increase the percentage of psychiatric |
| |||||||
| |||||||
1 | physicians establishing practice within the State upon | ||||||
2 | completion of residency;
| ||||||
3 | (C) to increase the number of accredited | ||||||
4 | psychiatric practice residencies within the State; and
| ||||||
5 | (D) to increase the percentage of psychiatric | ||||||
6 | practice physicians establishing practice within the | ||||||
7 | State upon completion of residency. | ||||||
8 | (2) To determine the procedures for the distribution of | ||||||
9 | the funds to psychiatric residency programs, including the | ||||||
10 | establishment of eligibility criteria in accordance with | ||||||
11 | the following guidelines: | ||||||
12 | (A) preference for programs that are to be | ||||||
13 | established at locations that exhibit potential for | ||||||
14 | extending psychiatric practice physician availability | ||||||
15 | to designated shortage areas;
| ||||||
16 | (B) preference for programs that are located away | ||||||
17 | from communities in which medical schools are located; | ||||||
18 | and
| ||||||
19 | (C) preference for programs located in hospitals | ||||||
20 | that have affiliation agreements with medical schools | ||||||
21 | located within the State.
| ||||||
22 | In distributing such funds, the Department may also | ||||||
23 | consider as secondary criteria whether or not a psychiatric | ||||||
24 | practice residency program has (i) adequate courses of | ||||||
25 | instruction in the child and adolescent behavioral | ||||||
26 | disorder sciences;
(ii) availability and systematic |
| |||||||
| |||||||
1 | utilization of opportunities for residents to gain | ||||||
2 | experience through local health departments, community | ||||||
3 | mental health centers, or other preventive or occupational | ||||||
4 | medical facilities;
(iii) a continuing program of | ||||||
5 | community oriented research in such areas as risk factors | ||||||
6 | in community populations;
(iv) sufficient mechanisms for | ||||||
7 | maintenance of quality training, such as peer review, | ||||||
8 | systematic progress reviews, referral system, and | ||||||
9 | maintenance of adequate records; and
(v) an appropriate | ||||||
10 | course of instruction in societal, institutional, and | ||||||
11 | economic conditions affecting psychiatric practice. | ||||||
12 | (3) To receive and disburse federal funds in accordance | ||||||
13 | with the purpose stated in Section 5 of this Act. | ||||||
14 | (4) To enter into contracts or agreements with any | ||||||
15 | agency or department of this State or the United States to | ||||||
16 | carry out the provisions of this Act. | ||||||
17 | (5) To coordinate the psychiatric residency grants | ||||||
18 | program established under this Act with other student | ||||||
19 | assistance and residency programs administered by the | ||||||
20 | Department and the Board of Higher Education under the | ||||||
21 | Health Services Education Grants Act. | ||||||
22 | (6) To design and coordinate a study for the purpose of | ||||||
23 | assessing the characteristics of practice resulting from | ||||||
24 | the psychiatric practice residency programs including, but | ||||||
25 | not limited to, information regarding the nature and scope | ||||||
26 | of practices, location of practices, years of active |
| |||||||
| |||||||
1 | practice following completion of residency and other | ||||||
2 | information deemed necessary for the administration of | ||||||
3 | this Act. | ||||||
4 | (7) To establish a program, and the criteria for such
| ||||||
5 | program, for the repayment of the educational loans of
| ||||||
6 | physicians who agree to (i) serve in designated shortage | ||||||
7 | areas
for a specified period of time, no less than 3 years, | ||||||
8 | (ii) accept medical payments, as defined in this Act, and | ||||||
9 | (iii) serve targeted populations to the extent required by | ||||||
10 | the program. Payments under this program may be made for | ||||||
11 | the principal, interest, and related expenses of | ||||||
12 | government and commercial loans received by the individual | ||||||
13 | for tuition expenses and all other reasonable educational | ||||||
14 | expenses incurred by the individual. Payments made under | ||||||
15 | this provision are exempt from State income tax, as | ||||||
16 | provided by law. | ||||||
17 | (8) To require psychiatric practice residency programs | ||||||
18 | seeking grants under this Act to make application according | ||||||
19 | to procedures consistent with the priorities and | ||||||
20 | guidelines established in items (1) and (2) of this | ||||||
21 | Section. | ||||||
22 | (9) To adopt rules and regulations that are necessary | ||||||
23 | for the establishment and maintenance of the programs | ||||||
24 | required by this Act. | ||||||
25 | Section 20. Application requirement; ratio of State |
| |||||||
| |||||||
1 | support to local support. Residency programs seeking funds | ||||||
2 | under this Act must make application to the Department. The | ||||||
3 | application shall include evidence of local support for the | ||||||
4 | program, either in the form of funds, services, or other | ||||||
5 | resources. The ratio of State support to local support shall be | ||||||
6 | determined by the Department in a manner that is consistent | ||||||
7 | with the purposes of this Act, as set forth in Section 5 of | ||||||
8 | this Act. In establishing such ratio of State support to local | ||||||
9 | support, the Department may vary the amount of the required | ||||||
10 | local support depending upon the criticality of the need for | ||||||
11 | more professional health care services, the geographic | ||||||
12 | location, and the economic base of the designated shortage | ||||||
13 | area. | ||||||
14 | Section 25. Study participation. Residency programs | ||||||
15 | qualifying for grants under this Act shall participate in the | ||||||
16 | study required in item (6) of Section 15 of this Act. | ||||||
17 | Section 30. Illinois Administrative Procedure Act. The | ||||||
18 | Illinois Administrative Procedure Act is hereby expressly | ||||||
19 | adopted and incorporated herein as if all of the provisions of | ||||||
20 | such Act were included in this Act. | ||||||
21 | Section 35. Annual report. The Department shall annually | ||||||
22 | report to the General Assembly and the Governor the results and | ||||||
23 | progress of all programs established under this Act on or |
| |||||||
| |||||||
1 | before March 15.
| ||||||
2 | The annual report to the General Assembly and the Governor | ||||||
3 | must include the impact of programs established under this Act | ||||||
4 | on the ability of designated shortage areas to attract and | ||||||
5 | retain physicians and other health care personnel. The report | ||||||
6 | shall include recommendations to improve that ability. | ||||||
7 | The requirement for reporting to the General Assembly shall | ||||||
8 | be satisfied by filing copies of the report with the Speaker, | ||||||
9 | the Minority Leader, and the Clerk of the House of | ||||||
10 | Representatives and the President, the Minority Leader and the | ||||||
11 | Secretary of the Senate and the Legislative Research Unit, as | ||||||
12 | required by Section 3.1 of the General Assembly Organization | ||||||
13 | Act, and by filing such additional copies with the State | ||||||
14 | Government Report Distribution Center for the General Assembly | ||||||
15 | as is required under paragraph (t) of Section 7 of the State | ||||||
16 | Library Act. | ||||||
17 | Section 40. Penalty for failure to fulfill obligation. Any | ||||||
18 | recipient of assistance under this Act who fails to fulfill his | ||||||
19 | or her obligation to practice full-time in a designated | ||||||
20 | shortage area as a psychiatrist for one year for each year that | ||||||
21 | he or she is a recipient of assistance shall pay to the | ||||||
22 | Department a sum equal to 3 times the amount of the assistance | ||||||
23 | provided for each year that the recipient fails to fulfill such | ||||||
24 | obligation. A recipient of assistance who fails to fulfill his | ||||||
25 | or her practice obligation shall have 30 days after the date on |
| |||||||
| |||||||
1 | which that failure begins to enter into a contract with the | ||||||
2 | Department that sets forth the manner in which that sum is | ||||||
3 | required to be paid. The amounts paid to the Department under | ||||||
4 | this Section shall be deposited into the Community Health | ||||||
5 | Center Care Fund and shall be used by the Department to improve | ||||||
6 | access to primary health care services as authorized by | ||||||
7 | subsection (a) of Section 2310-200 of the Department of Public | ||||||
8 | Health Powers and Duties Law of the Civil Administrative Code | ||||||
9 | of Illinois (20 ILCS 2310/2310-200). | ||||||
10 | The Department may transfer to the Illinois Finance | ||||||
11 | Authority, into an account outside of the State treasury, | ||||||
12 | moneys in the Community Health Center Care Fund as needed, but | ||||||
13 | not to exceed an amount established by rule by the Department | ||||||
14 | to establish a reserve or credit enhancement escrow account to | ||||||
15 | support a financing program or a loan or equipment leasing | ||||||
16 | program to provide moneys to support the purposes of subsection | ||||||
17 | (a) of Section 2310-200 of the Department of Public Health | ||||||
18 | Powers and Duties Law of the Civil Administrative Code of | ||||||
19 | Illinois (20 ILCS 2310/2310-200). The disposition of moneys at | ||||||
20 | the conclusion of any financing program under this Section | ||||||
21 | shall be determined by an interagency agreement.
|