99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5039

 

Introduced , by Rep. Greg Harris

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Family Practice Residency Act. Changes the short title to the Family Practice and Behavioral Health Promotion Act (and amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the Nurses in Advancement Law, the Private Medical Scholarship Agreement Act, and the Illinois Public Aid Code to reflect that change). Makes changes to the definition of "Designated Shortage Area". Provides that the Department of Public Health shall have the power and duty to allocate funds to behavioral health care programs, to include in its scholarship program the award of behavioral health care professional scholarships, and to include eligible behavioral health care professionals in its educational loan repayment program. Adds representatives of behavioral health care programs to the advisory committee. Provides that funding for family practice residency programs may not be diverted or diminished below fiscal year 2015 funding levels to fund behavioral health care programs. Makes related changes. Effective immediately.


LRB099 19587 NHT 43982 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5039LRB099 19587 NHT 43982 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-220 as follows:
 
7    (20 ILCS 2310/2310-220)  (was 20 ILCS 2310/55.73)
8    Sec. 2310-220. Findings; rural obstetrical care. The
9General Assembly finds that substantial areas of rural Illinois
10lack adequate access to obstetrical care. The primary cause of
11this problem is the absence of qualified practitioners who are
12willing to offer obstetrical services. A significant barrier to
13recruiting and retaining those practitioners is the high cost
14of professional liability insurance for practitioners offering
15obstetrical care.
16    Therefore, the Department, from funds appropriated for
17that purpose, shall award grants to physicians practicing
18obstetrics in rural designated shortage areas, as defined in
19Section 3.04 of the Family Practice and Behavioral Health
20Promotion Residency Act, for the purpose of reimbursing those
21physicians for the costs of obtaining malpractice insurance
22relating to obstetrical services. The Department shall
23establish reasonable conditions, standards, and duties

 

 

HB5039- 2 -LRB099 19587 NHT 43982 b

1relating to the application for and receipt of the grants.
2(Source: P.A. 91-239, eff. 1-1-00.)
 
3    Section 10. The Family Practice Residency Act is amended by
4changing Sections 1, 2, 3.03, 3.04, 4.01, 4.02, 4.03, 4.10, 5,
56, and 9 and by adding Sections 3.10, 3.11, and 10.5 as
6follows:
 
7    (110 ILCS 935/1)  (from Ch. 144, par. 1451)
8    Sec. 1. This Act shall be known and may be cited as the
9"Family Practice and Behavioral Health Promotion Residency
10Act".
11(Source: P.A. 80-478.)
 
12    (110 ILCS 935/2)  (from Ch. 144, par. 1452)
13    Sec. 2. The purpose of this Act is to establish programs in
14the Illinois Department of Public Health to upgrade primary and
15behavioral health care services for all citizens of the State,
16to increase access, and to reduce health care disparities by
17providing grants to family practice residency, and preventive
18medicine residency, and behavioral health care residency
19programs, scholarships to medical students and other eligible
20behavioral health care professionals, and a loan repayment
21program for physicians, and other eligible primary care
22providers, and eligible behavioral health care professionals
23who will agree to practice in areas of the State demonstrating

 

 

HB5039- 3 -LRB099 19587 NHT 43982 b

1the greatest need for more professional medical and behavioral
2health care. The programs shall encourage family practice
3physicians, and other eligible primary care providers, and
4eligible behavioral health care professionals to locate in
5areas where primary care and behavioral health manpower
6shortages exist and to increase the total number of family
7practice physicians, and other eligible primary care
8providers, and eligible behavioral health care professionals
9in the State.
10(Source: P.A. 98-674, eff. 6-30-14.)
 
11    (110 ILCS 935/3.03)  (from Ch. 144, par. 1453.03)
12    Sec. 3.03. "Committee" means the Advisory Committee for
13Family Practice Residency Programs and Behavioral Health Care
14Programs created by this Act.
15(Source: P.A. 80-478.)
 
16    (110 ILCS 935/3.04)  (from Ch. 144, par. 1453.04)
17    Sec. 3.04. "Designated Shortage Area" means an area
18designated by the Director as a physician shortage area, a
19medically underserved area, or a critical health manpower
20shortage area, a health professional shortage area, or a mental
21health professional shortage area, as defined by the United
22States Department of Health and Human Services , Education and
23Welfare, or as otherwise further defined by the Department to
24enable it to effectively fulfill the purpose stated in Section

 

 

HB5039- 4 -LRB099 19587 NHT 43982 b

12 of this Act. Such areas may include the following:
2    (a) an urban or rural area which is a rational area for the
3delivery of health services;
4    (b) a population group; or
5    (c) a public or nonprofit private medical facility.
6(Source: P.A. 80-478.)
 
7    (110 ILCS 935/3.10 new)
8    Sec. 3.10. Eligible behavioral health care professionals.
9"Eligible behavioral health care professionals" include the
10following licensed professionals who have behavioral health
11care training and experience:
12        (1) psychiatrists licensed to practice medicine in all
13    of its branches under the Medical Practice Act of 1987;
14        (2) clinical psychologists licensed under the Clinical
15    Psychologist Licensing Act;
16        (3) clinical social workers licensed under the
17    Clinical Social Work and Social Work Practice Act;
18        (4) psychiatric nurse specialists licensed as
19    registered nurses under the Nurse Practice Act; and
20        (5) marriage and family therapists licensed under the
21    Marriage and Family Therapy Licensing Act.
 
22    (110 ILCS 935/3.11 new)
23    Sec. 3.11. Behavioral health care program. "Behavioral
24health care program" means a behavioral health care service of

 

 

HB5039- 5 -LRB099 19587 NHT 43982 b

1a hospital or hospital affiliate as defined under the Hospital
2Licensing Act.
 
3    (110 ILCS 935/4.01)  (from Ch. 144, par. 1454.01)
4    Sec. 4.01. To allocate funds to family practice residency
5programs and behavioral health care programs according to the
6following priorities:
7    (a) to increase the number of family practice physicians
8and behavioral health care professionals in Designated
9Shortage Areas;
10    (b) to increase the percentage of obstetricians
11establishing practice within the State upon completion of
12residency;
13    (c) to increase the number of accredited family practice
14residencies within the State;
15    (d) to increase the percentage of family practice
16physicians establishing practice within the State upon
17completion of residency; and
18    (d-5) to increase access to behavioral health care in
19Designated Shortage Areas;
20    (d-10) to increase the number of eligible behavioral health
21care professionals providing health care services in this
22State; and
23    (e) to provide funds for rental of office space, purchase
24of equipment and other uses necessary to enable family
25practitioners and eligible behavioral health care

 

 

HB5039- 6 -LRB099 19587 NHT 43982 b

1professionals to locate their practices in communities located
2in designated shortage areas.
3(Source: P.A. 86-1384.)
 
4    (110 ILCS 935/4.02)  (from Ch. 144, par. 1454.02)
5    Sec. 4.02. To determine the procedures for the distribution
6of the funds to family practice residency programs and
7behavioral health care programs, including the establishment
8of eligibility criteria in accordance with the following
9guidelines:
10    (a) preference for programs which are to be established at
11locations which exhibit potential for extending family
12practice physician and behavioral health care availability to
13Designated Shortage Areas;
14    (b) preference for programs which are located away from
15communities in which medical schools are located; and
16    (c) preference for programs located in hospitals having
17affiliation agreements with medical schools located within the
18State.
19    In distributing such funds, the Department may also
20consider as secondary criteria whether a family practice
21residency program has:
22    (1) Adequate courses of instruction in the behavioral
23sciences;
24    (2) Availability and systematic utilization of
25opportunities for residents to gain experience through local

 

 

HB5039- 7 -LRB099 19587 NHT 43982 b

1health departments or other preventive or occupational medical
2facilities;
3    (3) A continuing program of community-oriented research in
4such areas as risk factors in community populations,
5immunization levels, environmental hazards, or occupational
6hazards;
7    (4) Sufficient mechanisms for maintenance of quality
8training, such as peer review, systematic progress reviews,
9referral system, and maintenance of adequate records; and
10    (5) An appropriate course of instruction in societal,
11institutional and economic conditions affecting family
12practice.
13(Source: P.A. 81-321.)
 
14    (110 ILCS 935/4.03)  (from Ch. 144, par. 1454.03)
15    Sec. 4.03. To establish a program of medical student and
16behavioral health care professional scholarships and to award
17scholarships to eligible medical students and eligible
18behavioral health care professionals.
19(Source: P.A. 80-478.)
 
20    (110 ILCS 935/4.10)  (from Ch. 144, par. 1454.10)
21    Sec. 4.10. To establish programs, and the criteria for such
22programs, for the repayment of the educational loans of primary
23care physicians, and other eligible primary care providers, and
24eligible behavioral health care professionals who agree to

 

 

HB5039- 8 -LRB099 19587 NHT 43982 b

1serve in Designated Shortage Areas for a specified period of
2time, no less than 2 years. Payments under this program may be
3made for the principal, interest and related expenses of
4government and commercial loans received by the individual for
5tuition expenses, and all other reasonable educational
6expenses incurred by the individual. Payments made under this
7provision shall be exempt from Illinois State Income Tax. The
8Department may use tobacco settlement recovery funding or other
9available funding to implement this Section.
10(Source: P.A. 98-674, eff. 6-30-14.)
 
11    (110 ILCS 935/5)  (from Ch. 144, par. 1455)
12    Sec. 5. The Advisory Committee for Family Practice
13Residency Programs and Behavioral Health Care Programs is
14created and shall consult with the Director in the
15administration of this Act. The Committee shall consist of 13 9
16members appointed by the Director, 4 of whom shall be family
17practice physicians, 4 of whom shall be representatives of
18behavioral health care programs, one of whom shall be the dean
19or associate or deputy dean of a medical school in this State,
20and 4 of whom shall be representatives of the general public.
21Terms of membership shall be 4 years. Initial appointments by
22the Director shall be staggered, with 4 appointments
23terminating January 31, 1979 and 4 terminating January 31,
241981. Of the 4 additional members appointed under this
25amendatory Act of the 99th General Assembly, 2 members, as

 

 

HB5039- 9 -LRB099 19587 NHT 43982 b

1determined by the Director, shall serve for a term that
2commences on the date of their appointment and expires on
3January 31, 2019 and the other 2 members shall serve for a term
4that commences on the date of their appointment and expires on
5January 31, 2021. Each member shall continue to serve after the
6expiration of his term until his successor has been appointed.
7No person shall serve more than 2 terms. Vacancies shall be
8filled by appointment for the unexpired term of any member in
9the same manner as the vacant position had been filled. The
10Committee shall select from its members a chairman from among
11the family practice physician members, and such other officers
12as may be required. The Committee shall meet as frequently as
13the Director deems necessary, but not less than once each year.
14The Committee members shall receive no compensation but shall
15be reimbursed for actual expenses incurred in carrying out
16their duties.
17(Source: P.A. 92-635, eff. 7-11-02.)
 
18    (110 ILCS 935/6)  (from Ch. 144, par. 1456)
19    Sec. 6. Family practice residency programs and behavioral
20health care programs seeking funds under this Act shall make
21application to the Department. The application shall include
22evidence of local support for the program, either in the form
23of funds, services or other resources. The ratio of State
24support to local support shall be determined by the Department
25in a manner that is consistent with the purpose of this Act as

 

 

HB5039- 10 -LRB099 19587 NHT 43982 b

1stated in Section 2 of this Act. In establishing such ratio of
2State to local support the Department may vary the amount of
3the required local support depending upon the criticality of
4the need for more professional health care services, the
5geographic location and the economic base of the Designated
6Shortage Area.
7(Source: P.A. 80-478.)
 
8    (110 ILCS 935/9)  (from Ch. 144, par. 1459)
9    Sec. 9. The Department shall annually report to the General
10Assembly and the Governor the results and progress of the
11programs established by this Act on or before March 15th.
12    The annual report to the General Assembly and the Governor
13shall include the impact of programs established under this Act
14on the ability of designated shortage areas to attract and
15retain physicians and other health care personnel and the
16ability of designated behavioral health care programs to
17attract and retain eligible behavioral health care
18professionals in Designated Shortage Areas. The report shall
19include recommendations to improve that ability.
20    The requirement for reporting to the General Assembly shall
21be satisfied by filing copies of the report with the Speaker,
22the Minority Leader and the Clerk of the House of
23Representatives and the President, the Minority Leader and the
24Secretary of the Senate and the Legislative Research Unit, as
25required by Section 3.1 of the General Assembly Organization

 

 

HB5039- 11 -LRB099 19587 NHT 43982 b

1Act, and filing such additional copies with the State
2Government Report Distribution Center for the General Assembly
3as is required under paragraph (t) of Section 7 of the State
4Library Act.
5(Source: P.A. 86-965; 87-430; 87-633; 87-895.)
 
6    (110 ILCS 935/10.5 new)
7    Sec. 10.5. Funding. Funding for family practice residency
8programs may not be diverted or diminished below fiscal year
92015 funding levels to fund behavioral health care programs.
 
10    Section 15. The Nurses in Advancement Law is amended by
11changing Section 1-20 as follows:
 
12    (110 ILCS 970/1-20)  (from Ch. 144, par. 2781-20)
13    Sec. 1-20. Scholarship requirements. It shall be lawful for
14any organization to condition any loan or grant upon the
15recipient's executing an agreement to commit not more than 5
16years of his or her professional career to the goals
17specifically outlined within the agreement including a
18requirement that recipient practice nursing or medicine in
19specifically designated practice and geographic areas.
20    Any agreement executed by an organization and any recipient
21of loan or grant assistance shall contain a provision for
22liquidated damages to be paid for any breach of any provision
23of the agreement, or any commitment contained therein, together

 

 

HB5039- 12 -LRB099 19587 NHT 43982 b

1with attorney's fees and costs for the enforcement thereof. Any
2such covenant shall be valid and enforceable in the courts of
3this State as liquidated damages and shall not be considered a
4penalty, provided that the provision for liquidated damages
5does not exceed $2,500 for each year remaining for the
6performance of the agreement.
7    This Section shall not be construed as pertaining to or
8limiting any liquidated damages resulting from scholarships
9awarded under the Family Practice and Behavioral Health
10Promotion Residency Act.
11(Source: P.A. 92-651, eff. 7-11-02.)
 
12    Section 20. The Private Medical Scholarship Agreement Act
13is amended by changing Section 3 as follows:
 
14    (110 ILCS 980/3)  (from Ch. 144, par. 2703)
15    Sec. 3. Any such agreement executed by such an organization
16and any recipient of loan, grant assistance or recommendation
17may contain a provision for liquidated damages to be paid for
18any breach of any provision of the agreement, or any commitment
19contained therein, together with attorney's fees and costs for
20the enforcement thereof. Any such covenant shall be valid and
21enforceable in the courts of this State as liquidated damages
22and shall not be considered a penalty, provided that such
23provision for liquidated damages does not exceed $2,500 for
24each year remaining for the performance of such agreement.

 

 

HB5039- 13 -LRB099 19587 NHT 43982 b

1    This Section shall not be construed as pertaining to or
2limiting any liquidated damages resulting from scholarships
3awarded under the "Family Practice and Behavioral Health
4Promotion Residency Act", as amended.
5(Source: P.A. 86-999.)
 
6    Section 25. The Illinois Public Aid Code is amended by
7changing Section 12-4.24a as follows:
 
8    (305 ILCS 5/12-4.24a)  (from Ch. 23, par. 12-4.24a)
9    Sec. 12-4.24a. Report and recommendations concerning
10designated shortage area. The Illinois Department shall
11analyze payments made to providers of medical services under
12Article V of this Code to determine whether any special
13compensatory standard should be applied to payments to such
14providers in designated shortage areas as defined in Section
153.04 of the Family Practice and Behavioral Health Promotion
16Residency Act, as now or hereafter amended. The Illinois
17Department shall, not later than June 30, 1990, report to the
18Governor and the General Assembly concerning the results of its
19analysis, and may provide by rule for adjustments in its
20payment rates to medical service providers in such areas.
21(Source: P.A. 92-111, eff. 1-1-02.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.

 

 

HB5039- 14 -LRB099 19587 NHT 43982 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2310/2310-220was 20 ILCS 2310/55.73
4    110 ILCS 935/1from Ch. 144, par. 1451
5    110 ILCS 935/2from Ch. 144, par. 1452
6    110 ILCS 935/3.03from Ch. 144, par. 1453.03
7    110 ILCS 935/3.04from Ch. 144, par. 1453.04
8    110 ILCS 935/3.10 new
9    110 ILCS 935/3.11 new
10    110 ILCS 935/4.01from Ch. 144, par. 1454.01
11    110 ILCS 935/4.02from Ch. 144, par. 1454.02
12    110 ILCS 935/4.03from Ch. 144, par. 1454.03
13    110 ILCS 935/4.10from Ch. 144, par. 1454.10
14    110 ILCS 935/5from Ch. 144, par. 1455
15    110 ILCS 935/6from Ch. 144, par. 1456
16    110 ILCS 935/9from Ch. 144, par. 1459
17    110 ILCS 935/10.5 new
18    110 ILCS 970/1-20from Ch. 144, par. 2781-20
19    110 ILCS 980/3from Ch. 144, par. 2703
20    305 ILCS 5/12-4.24afrom Ch. 23, par. 12-4.24a