102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0158

 

Introduced 1/22/2021, by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Community Health Worker Certification and Reimbursement Act. Amends various Acts regarding medical staff credentials; electronic posters and signs; N95 masks; Legionella bacteria testing; continuing education on implicit bias awareness; overdoses; the Prescription Monitoring Program; a dementia training program; taxation of blood sugar testing materials; funding of safety-net hospitals; a Child Care Assistance Program Eligibility Calculator; managed care organizations; Federally Qualified Health Centers; care coordination; billing; the Medicaid Business Opportunity Commission; reimbursement rates; doula services; personal care of family members; the State Health Assessment; the State Health Improvement Plan; child care training; and a Medicaid Managed Care Oversight Commission. Creates the Behavioral Health Workforce Education Center of Illinois Act. Creates the Underlying Causes of Crime and Violence Study Act. Creates the Special Commission on Gynecologic Cancer Act. Creates the Racial Impact Note Act to require the estimate of the impact on racial and ethnic minorities of certain bills. Creates the Health and Human Services Task Force and Study Act to review health and human service departments and programs. Creates the Anti-Racism Commission Act concerning elimination of systemic racism. Creates the Sickle Cell Prevention, Care, and Treatment Program Act regarding programs and other matters. Amends the Illinois Health Facilities Planning Act in relation to the Health Facilities and Services Review Board, facility closure, and other matters. Creates the Medicaid Technical Assistance Act. Repeals, adds, and changes other provisions. Effective immediately.


LRB102 10244 CPF 15570 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0158LRB102 10244 CPF 15570 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Title I. General Provisions

 
5
Article 1.

 
6    Section 1-1. This Act may be referred to as the Illinois
7Health Care and Human Service Reform Act.
 
8    Section 1-5. Findings.
9    "We, the People of the State of Illinois in order to
10provide for the health, safety and welfare of the people;
11maintain a representative and orderly government; eliminate
12poverty and inequality; assure legal, social and economic
13justice; provide opportunity for the fullest development of
14the individual; insure domestic tranquility; provide for the
15common defense; and secure the blessings of freedom and
16liberty to ourselves and our posterity - do ordain and
17establish this Constitution for the State of Illinois."
18    The Illinois Legislative Black Caucus finds that, in order
19to improve the health outcomes of Black residents in the State
20of Illinois, it is essential to dramatically reform the
21State's health and human service system. For over 3 decades,

 

 

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1multiple health studies have found that health inequities at
2their very core are due to racism. As early as 1998 research
3demonstrated that Black Americans received less health care
4than white Americans because doctors treated patients
5differently on the basis of race. Yet, Illinois' health and
6human service system disappointingly continues to perpetuate
7health disparities among Black Illinoisans of all ages,
8genders, and socioeconomic status.
9    In July 2020, Trinity Health announced its plans to close
10Mercy Hospital, an essential resource serving the Chicago
11South Side's predominantly Black residents. Trinity Health
12argued that this closure would have no impact on health access
13but failed to understand the community's needs. Closure of
14Mercy Hospital would only serve to create a health access
15desert and exacerbate existing health disparities. On December
1615, 2020, after hearing from community members and advocates,
17the Health Facilities and Services Review Board unanimously
18voted to deny closure efforts, yet Trinity still seeks to
19cease Mercy's operations.
20    Prior to COVID-19, much of the social and political
21attention surrounding the nationwide opioid epidemic focused
22on the increase in overdose deaths among white, middle-class,
23suburban and rural users; the impact of the epidemic in Black
24communities was largely unrecognized. Research has shown rates
25of opioid use at the national scale are higher for whites than
26they are for Blacks, yet rates of opioid deaths are higher

 

 

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1among Blacks (43%) than whites (22%). The COVID-19 pandemic
2will likely exacerbate this situation due to job loss,
3stay-at-home orders, and ongoing mitigation efforts creating a
4lack of physical access to addiction support and harm
5reduction groups.
6    In 2018, the Illinois Department of Public Health reported
7that Black women were about 6 times as likely to die from a
8pregnancy-related cause as white women. Of those, 72% of
9pregnancy-related deaths and 93% of violent
10pregnancy-associated deaths were deemed preventable. Between
112016 and 2017, Black women had the highest rate of severe
12maternal morbidity with a rate of 101.5 per 10,000 deliveries,
13which is almost 3 times as high as the rate for white women.
14    In the City of Chicago, African American and Latinx
15populations are suffering from higher rates of AIDS/HIV
16compared to the general population. Recent data places HIV as
17one of the top 5 leading causes of death in African American
18women between the ages of 35 to 44 and the seventh ranking
19cause in African American women between the ages of 20 to 34.
20Among the Latinx population, nearly 20% with HIV exclusively
21depend on indigenous-led and staffed organizations for
22services.
23    Cardiovascular disease (CVD) accounts for more deaths in
24Illinois than any other cause of death, according to the
25Illinois Department of Public Health; CVD is the leading cause
26of death among Black residents. According to the Kaiser Family

 

 

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1Foundation (KFF), for every 100,000 people, 224 Black
2Illinoisans die of CVD compared to 158 white Illinoisans.
3Cancer, the second leading cause of death in Illinois, too is
4pervasive among African Americans. In 2019, an estimated
5606,880 Americans, or 1,660 people a day, died of cancer; the
6American Cancer Society estimated 24,410 deaths occurred in
7Illinois. KFF estimates that, out of every 100,000 people, 191
8Black Illinoisans die of cancer compared to 152 white
9Illinoisans.
10    Black Americans suffer at much higher rates from chronic
11diseases, including diabetes, hypertension, heart disease,
12asthma, and many cancers. Utilizing community health workers
13in patient education and chronic disease management is needed
14to close these health disparities. Studies have shown that
15diabetes patients in the care of a community health worker
16demonstrate improved knowledge and lifestyle and
17self-management behaviors, as well as decreases in the use of
18the emergency department. A study of asthma control among
19black adolescents concluded that asthma control was reduced by
2035% among adolescents working with community health workers,
21resulting in a savings of $5.58 per dollar spent on the
22intervention. A study of the return on investment for
23community health workers employed in Colorado showed that,
24after a 9-month period, patients working with community health
25workers had an increased number of primary care visits and a
26decrease in urgent and inpatient care. Utilization of

 

 

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1community health workers led to a $2.38 return on investment
2for every dollar invested in community health workers.
3    Adverse childhood experiences (ACEs) are traumatic
4experiences occurring during childhood that have been found to
5have a profound effect on a child's developing brain structure
6and body which may result in poor health during a person's
7adulthood. ACEs studies have found a strong correlation
8between the number of ACEs and a person's risk for disease and
9negative health behaviors, including suicide, depression,
10cancer, stroke, ischemic heart disease, diabetes, autoimmune
11disease, smoking, substance abuse, interpersonal violence,
12obesity, unplanned pregnancies, lower educational achievement,
13workplace absenteeism, and lower wages. Data also shows that
14approximately 20% of African American and Hispanic adults in
15Illinois reported 4 or more ACEs, compared to 13% of
16non-Hispanic whites. Long-standing ACE interventions include
17tools such as trauma-informed care. Trauma-informed care has
18been promoted and established in communities across the
19country on a bipartisan basis, including in the states of
20California, Florida, Massachusetts, Missouri, Oregon,
21Pennsylvania, Washington, and Wisconsin. Several federal
22agencies have integrated trauma-informed approaches in their
23programs and grants which should be leveraged by the State.
24    According to a 2019 Rush University report, a Black
25person's life expectancy on average is less when compared to a
26white person's life expectancy. For instance, when comparing

 

 

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1life expectancy in Chicago's Austin neighborhood to the
2Chicago Loop, there is a difference of 11 years between Black
3life expectancy (71 years) and white life expectancy (82
4years).
5    In a 2015 literature review of implicit racial and ethnic
6bias among medical professionals, it was concluded that there
7is a moderate level of implicit bias in most medical
8professionals. Further, the literature review showed that
9implicit bias has negative consequences for patients,
10including strained patient relationships and negative health
11outcomes. It is critical for medical professionals to be aware
12of implicit racial and ethnic bias and work to eliminate bias
13through training.
14    In the field of medicine, a historically racist
15profession, Black medical professionals have commonly been
16ostracized. In 1934, Dr. Roland B. Scott was the first African
17American to pass the pediatric board exam, yet when he applied
18for membership with the American Academy of Pediatrics he was
19rejected multiple times. Few medical organizations have
20confronted the roles they played in blocking opportunities for
21Black advancement in the medical profession until the formal
22apologies of the American Medical Association in 2008. For
23decades, organizations like the AMA predicated their
24membership on joining a local state medical society, several
25of which excluded Black physicians.
26    In 2010, the General Assembly, in partnership with

 

 

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1Treatment Alternatives for Safe Communities, published the
2Disproportionate Justice Impact Study. The study examined the
3impact of Illinois drug laws on racial and ethnic groups and
4the resulting over-representation of racial and ethic minority
5groups in the Illinois criminal justice system. Unsurprisingly
6and disappointingly, the study confirmed decades long
7injustices, such as nonwhites being arrested at a higher rate
8than whites relative to their representation in the general
9population throughout Illinois.
10    All together, the above mentioned only begins to capture a
11part of a larger system of racial injustices and inequities.
12The General Assembly and the people of Illinois are urged to
13recognize while racism is a core fault of the current health
14and human service system, that it is a pervasive disease
15affecting a multiplitude of institutions which truly drive
16systematic health inequities: education, child care, criminal
17justice, affordable housing, environmental justice, and job
18security and so forth. For persons to live up to their full
19human potential, their rights to quality of life, health care,
20a quality job, a fair wage, housing, and education must not be
21inhibited.
22    Therefore, the Illinois Legislative Black Caucus, as
23informed by the Senate's Health and Human Service Pillar
24subject matter hearings, seeks to remedy a fraction of a much
25larger broken system by addressing access to health care,
26hospital closures, managed care organization reform, community

 

 

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1health worker certification, maternal and infant mortality,
2mental and substance abuse treatment, hospital reform, and
3medical implicit bias in the Illinois Health Care and Human
4Service Reform Act. This Act shall achieve needed change
5through the use of, but not limited to, the Medicaid Managed
6Care Oversight Commission, the Health and Human Services Task
7Force, and a hospital closure moratorium, in order to address
8Illinois' long-standing health inequities.
 
9
Title II. Community Health Workers

 
10
Article 5.

 
11    Section 5-1. Short title. This Article may be cited as the
12Community Health Worker Certification and Reimbursement Act.
13References in this Article to "this Act" mean this Article.
 
14    Section 5-5. Definition. In this Act, "community health
15worker" means a frontline public health worker who is a
16trusted member or has an unusually close understanding of the
17community served. This trusting relationship enables the
18community health worker to serve as a liaison, link, and
19intermediary between health and social services and the
20community to facilitate access to services and improve the
21quality and cultural competence of service delivery. A
22community health worker also builds individual and community

 

 

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1capacity by increasing health knowledge and self-sufficiency
2through a range of activities, including outreach, community
3education, informal counseling, social support, and advocacy.
4A community health worker shall have the following core
5competencies:
6        (1) communication;
7        (2) interpersonal skills and relationship building;
8        (3) service coordination and navigation skills;
9        (4) capacity-building;
10        (5) advocacy;
11        (6) presentation and facilitation skills;
12        (7) organizational skills; cultural competency;
13        (8) public health knowledge;
14        (9) understanding of health systems and basic
15    diseases;
16        (10) behavioral health issues; and
17        (11) field experience.
18    Nothing in this definition shall be construed to authorize
19a community health worker to provide direct care or treatment
20to any person or to perform any act or service for which a
21license issued by a professional licensing board is required.
 
22    Section 5-10. Community health worker training.
23    (a) Community health workers shall be provided with
24multi-tiered academic and community-based training
25opportunities that lead to the mastery of community health

 

 

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1worker core competencies.
2    (b) For academic-based training programs, the Department
3of Public Health shall collaborate with the Illinois State
4Board of Education, the Illinois Community College Board, and
5the Illinois Board of Higher Education to adopt a process to
6certify academic-based training programs that students can
7attend to obtain individual community health worker
8certification. Certified training programs shall reflect the
9approved core competencies and roles for community health
10workers.
11    (c) For community-based training programs, the Department
12of Public Health shall collaborate with a statewide
13association representing community health workers to adopt a
14process to certify community-based programs that students can
15attend to obtain individual community health worker
16certification.
17    (d) Community health workers may need to undergo
18additional training, including, but not limited to, asthma,
19diabetes, maternal child health, behavioral health, and social
20determinants of health training. Multi-tiered training
21approaches shall provide opportunities that build on each
22other and prepare community health workers for career pathways
23both within the community health worker profession and within
24allied professions.
 
25    Section 5-15. Illinois Community Health Worker

 

 

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1Certification Board.
2    (a) There is created within the Department of Public
3Health, in shared leadership with a statewide association
4representing community health workers, the Illinois Community
5Health Worker Certification Board. The Board shall serve as
6the regulatory body that develops and has oversight of initial
7community health workers certification and certification
8renewals for both individuals and academic and community-based
9training programs.
10    (b) A representative from the Department of Public Health,
11the Department of Financial and Professional Regulation, the
12Department of Healthcare and Family Services, and the
13Department of Human Services shall serve on the Board. At
14least one full-time professional shall be assigned to staff
15the Board with additional administrative support available as
16needed. The Board shall have balanced representation from the
17community health worker workforce, community health worker
18employers, community health worker training and educational
19organizations, and other engaged stakeholders.
20    (c) The Board shall propose a certification process for
21and be authorized to approve training from community-based
22organizations, in conjunction with a statewide organization
23representing community health workers, and academic
24institutions, in consultation with the Illinois State Board of
25Education, the Illinois Community College Board and the
26Illinois Board of Higher Education. The Board shall base

 

 

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1training approval on core competencies, best practices, and
2affordability. In addition, the Board shall maintain a
3registry of certification records for individually certified
4community health workers.
5    (d) All training programs that are deemed certifiable by
6the Board shall go through a renewal process, which will be
7determined by the Board once established. The Board shall
8establish criteria to grandfather in any community health
9workers who were practicing prior to the establishment of a
10certification program.
11    (e) To ensure high-quality service, the Illinois Community
12Health Worker Certification Board shall examine and consider
13for adoption best practices from other states that have
14implemented policies to allow for alternative opportunities to
15demonstrate competency in core skills and knowledge in
16addition to certification.
17    (f) The Department of Public Health shall explore ways to
18compensate members of the Board.
 
19    Section 5-20. Reimbursement. Community health worker
20services shall be covered under the medical assistance
21program, subject to funding availability, for persons who are
22otherwise eligible for medical assistance. The Department of
23Healthcare and Family Services shall develop services,
24including, but not limited to, care coordination and
25diagnosis-related patient services, for which community health

 

 

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1workers will be eligible for reimbursement and shall request
2approval from the federal Centers for Medicare and Medicaid
3Services to reimburse community health worker services under
4the medical assistance program. For reimbursement under the
5medical assistance program, a community health worker must
6work under the supervision of an enrolled medical program
7provider, as specified by the Department, and certification
8shall be required for reimbursement. The supervision of
9enrolled medical program providers and certification are not
10required for community health workers who receive
11reimbursement through managed care administrative moneys.
12Noncertified community health workers are reimbursable at the
13discretion of managed care entities following availability of
14community health worker certification. In addition, the
15Department of Healthcare and Family Services shall amend its
16contracts with managed care entities to allow managed care
17entities to employ community health workers or subcontract
18with community-based organizations that employ community
19health workers.
 
20    Section 5-23. Certification. Certification shall not be
21required for employment of community health workers.
22Noncertified community health workers may be employed through
23funding sources outside of the medical assistance program.
 
24    Section 5-25. Rules. The Department of Public Health and

 

 

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1the Department of Healthcare and Family Services may adopt
2rules for the implementation and administration of this Act.
 
3
Title III. Hospital Reform

 
4
Article 10.

 
5    Section 10-5. The Hospital Licensing Act is amended by
6changing Section 10.4 as follows:
 
7    (210 ILCS 85/10.4)  (from Ch. 111 1/2, par. 151.4)
8    Sec. 10.4. Medical staff privileges.
9    (a) Any hospital licensed under this Act or any hospital
10organized under the University of Illinois Hospital Act shall,
11prior to the granting of any medical staff privileges to an
12applicant, or renewing a current medical staff member's
13privileges, request of the Director of Professional Regulation
14information concerning the licensure status, proper
15credentials, required certificates, and any disciplinary
16action taken against the applicant's or medical staff member's
17license, except: (1) for medical personnel who enter a
18hospital to obtain organs and tissues for transplant from a
19donor in accordance with the Illinois Anatomical Gift Act; or
20(2) for medical personnel who have been granted disaster
21privileges pursuant to the procedures and requirements
22established by rules adopted by the Department. Any hospital

 

 

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1and any employees of the hospital or others involved in
2granting privileges who, in good faith, grant disaster
3privileges pursuant to this Section to respond to an emergency
4shall not, as a result of their acts or omissions, be liable
5for civil damages for granting or denying disaster privileges
6except in the event of willful and wanton misconduct, as that
7term is defined in Section 10.2 of this Act. Individuals
8granted privileges who provide care in an emergency situation,
9in good faith and without direct compensation, shall not, as a
10result of their acts or omissions, except for acts or
11omissions involving willful and wanton misconduct, as that
12term is defined in Section 10.2 of this Act, on the part of the
13person, be liable for civil damages. The Director of
14Professional Regulation shall transmit, in writing and in a
15timely fashion, such information regarding the license of the
16applicant or the medical staff member, including the record of
17imposition of any periods of supervision or monitoring as a
18result of alcohol or substance abuse, as provided by Section
1923 of the Medical Practice Act of 1987, and such information as
20may have been submitted to the Department indicating that the
21application or medical staff member has been denied, or has
22surrendered, medical staff privileges at a hospital licensed
23under this Act, or any equivalent facility in another state or
24territory of the United States. The Director of Professional
25Regulation shall define by rule the period for timely response
26to such requests.

 

 

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1    No transmittal of information by the Director of
2Professional Regulation, under this Section shall be to other
3than the president, chief operating officer, chief
4administrative officer, or chief of the medical staff of a
5hospital licensed under this Act, a hospital organized under
6the University of Illinois Hospital Act, or a hospital
7operated by the United States, or any of its
8instrumentalities. The information so transmitted shall be
9afforded the same status as is information concerning medical
10studies by Part 21 of Article VIII of the Code of Civil
11Procedure, as now or hereafter amended.
12    (b) All hospitals licensed under this Act, except county
13hospitals as defined in subsection (c) of Section 15-1 of the
14Illinois Public Aid Code, shall comply with, and the medical
15staff bylaws of these hospitals shall include rules consistent
16with, the provisions of this Section in granting, limiting,
17renewing, or denying medical staff membership and clinical
18staff privileges. Hospitals that require medical staff members
19to possess faculty status with a specific institution of
20higher education are not required to comply with subsection
21(1) below when the physician does not possess faculty status.
22        (1) Minimum procedures for pre-applicants and
23    applicants for medical staff membership shall include the
24    following:
25            (A) Written procedures relating to the acceptance
26        and processing of pre-applicants or applicants for

 

 

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1        medical staff membership, which should be contained in
2        medical staff bylaws.
3            (B) Written procedures to be followed in
4        determining a pre-applicant's or an applicant's
5        qualifications for being granted medical staff
6        membership and privileges.
7            (C) Written criteria to be followed in evaluating
8        a pre-applicant's or an applicant's qualifications.
9            (D) An evaluation of a pre-applicant's or an
10        applicant's current health status and current license
11        status in Illinois.
12            (E) A written response to each pre-applicant or
13        applicant that explains the reason or reasons for any
14        adverse decision (including all reasons based in whole
15        or in part on the applicant's medical qualifications
16        or any other basis, including economic factors).
17        (2) Minimum procedures with respect to medical staff
18    and clinical privilege determinations concerning current
19    members of the medical staff shall include the following:
20            (A) A written notice of an adverse decision.
21            (B) An explanation of the reasons for an adverse
22        decision including all reasons based on the quality of
23        medical care or any other basis, including economic
24        factors.
25            (C) A statement of the medical staff member's
26        right to request a fair hearing on the adverse

 

 

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1        decision before a hearing panel whose membership is
2        mutually agreed upon by the medical staff and the
3        hospital governing board. The hearing panel shall have
4        independent authority to recommend action to the
5        hospital governing board. Upon the request of the
6        medical staff member or the hospital governing board,
7        the hearing panel shall make findings concerning the
8        nature of each basis for any adverse decision
9        recommended to and accepted by the hospital governing
10        board.
11                (i) Nothing in this subparagraph (C) limits a
12            hospital's or medical staff's right to summarily
13            suspend, without a prior hearing, a person's
14            medical staff membership or clinical privileges if
15            the continuation of practice of a medical staff
16            member constitutes an immediate danger to the
17            public, including patients, visitors, and hospital
18            employees and staff. In the event that a hospital
19            or the medical staff imposes a summary suspension,
20            the Medical Executive Committee, or other
21            comparable governance committee of the medical
22            staff as specified in the bylaws, must meet as
23            soon as is reasonably possible to review the
24            suspension and to recommend whether it should be
25            affirmed, lifted, expunged, or modified if the
26            suspended physician requests such review. A

 

 

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1            summary suspension may not be implemented unless
2            there is actual documentation or other reliable
3            information that an immediate danger exists. This
4            documentation or information must be available at
5            the time the summary suspension decision is made
6            and when the decision is reviewed by the Medical
7            Executive Committee. If the Medical Executive
8            Committee recommends that the summary suspension
9            should be lifted, expunged, or modified, this
10            recommendation must be reviewed and considered by
11            the hospital governing board, or a committee of
12            the board, on an expedited basis. Nothing in this
13            subparagraph (C) shall affect the requirement that
14            any requested hearing must be commenced within 15
15            days after the summary suspension and completed
16            without delay unless otherwise agreed to by the
17            parties. A fair hearing shall be commenced within
18            15 days after the suspension and completed without
19            delay, except that when the medical staff member's
20            license to practice has been suspended or revoked
21            by the State's licensing authority, no hearing
22            shall be necessary.
23                (ii) Nothing in this subparagraph (C) limits a
24            medical staff's right to permit, in the medical
25            staff bylaws, summary suspension of membership or
26            clinical privileges in designated administrative

 

 

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1            circumstances as specifically approved by the
2            medical staff. This bylaw provision must
3            specifically describe both the administrative
4            circumstance that can result in a summary
5            suspension and the length of the summary
6            suspension. The opportunity for a fair hearing is
7            required for any administrative summary
8            suspension. Any requested hearing must be
9            commenced within 15 days after the summary
10            suspension and completed without delay. Adverse
11            decisions other than suspension or other
12            restrictions on the treatment or admission of
13            patients may be imposed summarily and without a
14            hearing under designated administrative
15            circumstances as specifically provided for in the
16            medical staff bylaws as approved by the medical
17            staff.
18                (iii) If a hospital exercises its option to
19            enter into an exclusive contract and that contract
20            results in the total or partial termination or
21            reduction of medical staff membership or clinical
22            privileges of a current medical staff member, the
23            hospital shall provide the affected medical staff
24            member 60 days prior notice of the effect on his or
25            her medical staff membership or privileges. An
26            affected medical staff member desiring a hearing

 

 

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1            under subparagraph (C) of this paragraph (2) must
2            request the hearing within 14 days after the date
3            he or she is so notified. The requested hearing
4            shall be commenced and completed (with a report
5            and recommendation to the affected medical staff
6            member, hospital governing board, and medical
7            staff) within 30 days after the date of the
8            medical staff member's request. If agreed upon by
9            both the medical staff and the hospital governing
10            board, the medical staff bylaws may provide for
11            longer time periods.
12            (C-5) All peer review used for the purpose of
13        credentialing, privileging, disciplinary action, or
14        other recommendations affecting medical staff
15        membership or exercise of clinical privileges, whether
16        relying in whole or in part on internal or external
17        reviews, shall be conducted in accordance with the
18        medical staff bylaws and applicable rules,
19        regulations, or policies of the medical staff. If
20        external review is obtained, any adverse report
21        utilized shall be in writing and shall be made part of
22        the internal peer review process under the bylaws. The
23        report shall also be shared with a medical staff peer
24        review committee and the individual under review. If
25        the medical staff peer review committee or the
26        individual under review prepares a written response to

 

 

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1        the report of the external peer review within 30 days
2        after receiving such report, the governing board shall
3        consider the response prior to the implementation of
4        any final actions by the governing board which may
5        affect the individual's medical staff membership or
6        clinical privileges. Any peer review that involves
7        willful or wanton misconduct shall be subject to civil
8        damages as provided for under Section 10.2 of this
9        Act.
10            (D) A statement of the member's right to inspect
11        all pertinent information in the hospital's possession
12        with respect to the decision.
13            (E) A statement of the member's right to present
14        witnesses and other evidence at the hearing on the
15        decision.
16            (E-5) The right to be represented by a personal
17        attorney.
18            (F) A written notice and written explanation of
19        the decision resulting from the hearing.
20            (F-5) A written notice of a final adverse decision
21        by a hospital governing board.
22            (G) Notice given 15 days before implementation of
23        an adverse medical staff membership or clinical
24        privileges decision based substantially on economic
25        factors. This notice shall be given after the medical
26        staff member exhausts all applicable procedures under

 

 

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1        this Section, including item (iii) of subparagraph (C)
2        of this paragraph (2), and under the medical staff
3        bylaws in order to allow sufficient time for the
4        orderly provision of patient care.
5            (H) Nothing in this paragraph (2) of this
6        subsection (b) limits a medical staff member's right
7        to waive, in writing, the rights provided in
8        subparagraphs (A) through (G) of this paragraph (2) of
9        this subsection (b) upon being granted the written
10        exclusive right to provide particular services at a
11        hospital, either individually or as a member of a
12        group. If an exclusive contract is signed by a
13        representative of a group of physicians, a waiver
14        contained in the contract shall apply to all members
15        of the group unless stated otherwise in the contract.
16        (3) Every adverse medical staff membership and
17    clinical privilege decision based substantially on
18    economic factors shall be reported to the Hospital
19    Licensing Board before the decision takes effect. These
20    reports shall not be disclosed in any form that reveals
21    the identity of any hospital or physician. These reports
22    shall be utilized to study the effects that hospital
23    medical staff membership and clinical privilege decisions
24    based upon economic factors have on access to care and the
25    availability of physician services. The Hospital Licensing
26    Board shall submit an initial study to the Governor and

 

 

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1    the General Assembly by January 1, 1996, and subsequent
2    reports shall be submitted periodically thereafter.
3        (4) As used in this Section:
4        "Adverse decision" means a decision reducing,
5    restricting, suspending, revoking, denying, or not
6    renewing medical staff membership or clinical privileges.
7        "Economic factor" means any information or reasons for
8    decisions unrelated to quality of care or professional
9    competency.
10        "Pre-applicant" means a physician licensed to practice
11    medicine in all its branches who requests an application
12    for medical staff membership or privileges.
13        "Privilege" means permission to provide medical or
14    other patient care services and permission to use hospital
15    resources, including equipment, facilities and personnel
16    that are necessary to effectively provide medical or other
17    patient care services. This definition shall not be
18    construed to require a hospital to acquire additional
19    equipment, facilities, or personnel to accommodate the
20    granting of privileges.
21        (5) Any amendment to medical staff bylaws required
22    because of this amendatory Act of the 91st General
23    Assembly shall be adopted on or before July 1, 2001.
24    (c) All hospitals shall consult with the medical staff
25prior to closing membership in the entire or any portion of the
26medical staff or a department. If the hospital closes

 

 

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1membership in the medical staff, any portion of the medical
2staff, or the department over the objections of the medical
3staff, then the hospital shall provide a detailed written
4explanation for the decision to the medical staff 10 days
5prior to the effective date of any closure. No applications
6need to be provided when membership in the medical staff or any
7relevant portion of the medical staff is closed.
8(Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)
 
9
Article 15.

 
10    Section 15-3. The Illinois Health Finance Reform Act is
11amended by changing Section 4-4 as follows:
 
12    (20 ILCS 2215/4-4)  (from Ch. 111 1/2, par. 6504-4)
13    Sec. 4-4. (a) Hospitals shall make available to
14prospective patients information on the normal charge incurred
15for any procedure or operation the prospective patient is
16considering.
17    (b) The Department of Public Health shall require
18hospitals to post, either by physical or electronic means, in
19prominent letters, in letters no more than one inch in height
20the established charges for services, where applicable,
21including but not limited to the hospital's private room
22charge, semi-private room charge, charge for a room with 3 or
23more beds, intensive care room charges, emergency room charge,

 

 

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1operating room charge, electrocardiogram charge, anesthesia
2charge, chest x-ray charge, blood sugar charge, blood
3chemistry charge, tissue exam charge, blood typing charge and
4Rh factor charge. The definitions of each charge to be posted
5shall be determined by the Department.
6(Source: P.A. 92-597, eff. 7-1-02.)
 
7    Section 15-5. The Hospital Licensing Act is amended by
8changing Sections 6, 6.14c, 10.10, and 11.5 as follows:
 
9    (210 ILCS 85/6)  (from Ch. 111 1/2, par. 147)
10    Sec. 6. (a) Upon receipt of an application for a permit to
11establish a hospital the Director shall issue a permit if he
12finds (1) that the applicant is fit, willing, and able to
13provide a proper standard of hospital service for the
14community with particular regard to the qualification,
15background, and character of the applicant, (2) that the
16financial resources available to the applicant demonstrate an
17ability to construct, maintain, and operate a hospital in
18accordance with the standards, rules, and regulations adopted
19pursuant to this Act, and (3) that safeguards are provided
20which assure hospital operation and maintenance consistent
21with the public interest having particular regard to safe,
22adequate, and efficient hospital facilities and services.
23    The Director may request the cooperation of county and
24multiple-county health departments, municipal boards of

 

 

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1health, and other governmental and non-governmental agencies
2in obtaining information and in conducting investigations
3relating to such applications.
4    A permit to establish a hospital shall be valid only for
5the premises and person named in the application for such
6permit and shall not be transferable or assignable.
7    In the event the Director issues a permit to establish a
8hospital the applicant shall thereafter submit plans and
9specifications to the Department in accordance with Section 8
10of this Act.
11    (b) Upon receipt of an application for license to open,
12conduct, operate, and maintain a hospital, the Director shall
13issue a license if he finds the applicant and the hospital
14facilities comply with standards, rules, and regulations
15promulgated under this Act. A license, unless sooner suspended
16or revoked, shall be renewable annually upon approval by the
17Department and payment of a license fee as established
18pursuant to Section 5 of this Act. Each license shall be issued
19only for the premises and persons named in the application and
20shall not be transferable or assignable. Licenses shall be
21posted, either by physical or electronic means, in a
22conspicuous place on the licensed premises. The Department
23may, either before or after the issuance of a license, request
24the cooperation of the State Fire Marshal, county and multiple
25county health departments, or municipal boards of health to
26make investigations to determine if the applicant or licensee

 

 

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1is complying with the minimum standards prescribed by the
2Department. The report and recommendations of any such agency
3shall be in writing and shall state with particularity its
4findings with respect to compliance or noncompliance with such
5minimum standards, rules, and regulations.
6    The Director may issue a provisional license to any
7hospital which does not substantially comply with the
8provisions of this Act and the standards, rules, and
9regulations promulgated by virtue thereof provided that he
10finds that such hospital has undertaken changes and
11corrections which upon completion will render the hospital in
12substantial compliance with the provisions of this Act, and
13the standards, rules, and regulations adopted hereunder, and
14provided that the health and safety of the patients of the
15hospital will be protected during the period for which such
16provisional license is issued. The Director shall advise the
17licensee of the conditions under which such provisional
18license is issued, including the manner in which the hospital
19facilities fail to comply with the provisions of the Act,
20standards, rules, and regulations, and the time within which
21the changes and corrections necessary for such hospital
22facilities to substantially comply with this Act, and the
23standards, rules, and regulations of the Department relating
24thereto shall be completed.
25(Source: P.A. 98-683, eff. 6-30-14.)
 

 

 

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1    (210 ILCS 85/6.14c)
2    Sec. 6.14c. Posting of information. Every hospital shall
3conspicuously post, either by physical or electronic means,
4for display in an area of its offices accessible to patients,
5employees, and visitors the following:
6        (1) its current license;
7        (2) a description, provided by the Department, of
8    complaint procedures established under this Act and the
9    name, address, and telephone number of a person authorized
10    by the Department to receive complaints;
11        (3) a list of any orders pertaining to the hospital
12    issued by the Department during the past year and any
13    court orders reviewing such Department orders issued
14    during the past year; and
15        (4) a list of the material available for public
16    inspection under Section 6.14d.
17    Each hospital shall post, either by physical or electronic
18means, in each facility that has an emergency room, a notice in
19a conspicuous location in the emergency room with information
20about how to enroll in health insurance through the Illinois
21health insurance marketplace in accordance with Sections 1311
22and 1321 of the federal Patient Protection and Affordable Care
23Act.
24(Source: P.A. 101-117, eff. 1-1-20.)
 
25    (210 ILCS 85/10.10)

 

 

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1    Sec. 10.10. Nurse Staffing by Patient Acuity.
2    (a) Findings. The Legislature finds and declares all of
3the following:
4        (1) The State of Illinois has a substantial interest
5    in promoting quality care and improving the delivery of
6    health care services.
7        (2) Evidence-based studies have shown that the basic
8    principles of staffing in the acute care setting should be
9    based on the complexity of patients' care needs aligned
10    with available nursing skills to promote quality patient
11    care consistent with professional nursing standards.
12        (3) Compliance with this Section promotes an
13    organizational climate that values registered nurses'
14    input in meeting the health care needs of hospital
15    patients.
16    (b) Definitions. As used in this Section:
17    "Acuity model" means an assessment tool selected and
18implemented by a hospital, as recommended by a nursing care
19committee, that assesses the complexity of patient care needs
20requiring professional nursing care and skills and aligns
21patient care needs and nursing skills consistent with
22professional nursing standards.
23    "Department" means the Department of Public Health.
24    "Direct patient care" means care provided by a registered
25professional nurse with direct responsibility to oversee or
26carry out medical regimens or nursing care for one or more

 

 

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1patients.
2    "Nursing care committee" means an existing or newly
3created hospital-wide committee or committees of nurses whose
4functions, in part or in whole, contribute to the development,
5recommendation, and review of the hospital's nurse staffing
6plan established pursuant to subsection (d).
7    "Registered professional nurse" means a person licensed as
8a Registered Nurse under the Nurse Practice Act.
9    "Written staffing plan for nursing care services" means a
10written plan for guiding the assignment of patient care
11nursing staff based on multiple nurse and patient
12considerations that yield minimum staffing levels for
13inpatient care units and the adopted acuity model aligning
14patient care needs with nursing skills required for quality
15patient care consistent with professional nursing standards.
16    (c) Written staffing plan.
17        (1) Every hospital shall implement a written
18    hospital-wide staffing plan, recommended by a nursing care
19    committee or committees, that provides for minimum direct
20    care professional registered nurse-to-patient staffing
21    needs for each inpatient care unit. The written
22    hospital-wide staffing plan shall include, but need not be
23    limited to, the following considerations:
24            (A) The complexity of complete care, assessment on
25        patient admission, volume of patient admissions,
26        discharges and transfers, evaluation of the progress

 

 

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1        of a patient's problems, ongoing physical assessments,
2        planning for a patient's discharge, assessment after a
3        change in patient condition, and assessment of the
4        need for patient referrals.
5            (B) The complexity of clinical professional
6        nursing judgment needed to design and implement a
7        patient's nursing care plan, the need for specialized
8        equipment and technology, the skill mix of other
9        personnel providing or supporting direct patient care,
10        and involvement in quality improvement activities,
11        professional preparation, and experience.
12            (C) Patient acuity and the number of patients for
13        whom care is being provided.
14            (D) The ongoing assessments of a unit's patient
15        acuity levels and nursing staff needed shall be
16        routinely made by the unit nurse manager or his or her
17        designee.
18            (E) The identification of additional registered
19        nurses available for direct patient care when
20        patients' unexpected needs exceed the planned workload
21        for direct care staff.
22        (2) In order to provide staffing flexibility to meet
23    patient needs, every hospital shall identify an acuity
24    model for adjusting the staffing plan for each inpatient
25    care unit.
26        (3) The written staffing plan shall be posted, either

 

 

HB0158- 33 -LRB102 10244 CPF 15570 b

1    by physical or electronic means, in a conspicuous and
2    accessible location for both patients and direct care
3    staff, as required under the Hospital Report Card Act. A
4    copy of the written staffing plan shall be provided to any
5    member of the general public upon request.
6    (d) Nursing care committee.
7        (1) Every hospital shall have a nursing care
8    committee. A hospital shall appoint members of a committee
9    whereby at least 50% of the members are registered
10    professional nurses providing direct patient care.
11        (2) A nursing care committee's recommendations must be
12    given significant regard and weight in the hospital's
13    adoption and implementation of a written staffing plan.
14        (3) A nursing care committee or committees shall
15    recommend a written staffing plan for the hospital based
16    on the principles from the staffing components set forth
17    in subsection (c). In particular, a committee or
18    committees shall provide input and feedback on the
19    following:
20            (A) Selection, implementation, and evaluation of
21        minimum staffing levels for inpatient care units.
22            (B) Selection, implementation, and evaluation of
23        an acuity model to provide staffing flexibility that
24        aligns changing patient acuity with nursing skills
25        required.
26            (C) Selection, implementation, and evaluation of a

 

 

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1        written staffing plan incorporating the items
2        described in subdivisions (c)(1) and (c)(2) of this
3        Section.
4            (D) Review the following: nurse-to-patient
5        staffing guidelines for all inpatient areas; and
6        current acuity tools and measures in use.
7        (4) A nursing care committee must address the items
8    described in subparagraphs (A) through (D) of paragraph
9    (3) semi-annually.
10    (e) Nothing in this Section 10.10 shall be construed to
11limit, alter, or modify any of the terms, conditions, or
12provisions of a collective bargaining agreement entered into
13by the hospital.
14(Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12;
1597-813, eff. 7-13-12.)
 
16    (210 ILCS 85/11.5)
17    Sec. 11.5. Uniform standards of obstetrical care
18regardless of ability to pay.
19    (a) No hospital may promulgate policies or implement
20practices that determine differing standards of obstetrical
21care based upon a patient's source of payment or ability to pay
22for medical services.
23    (b) Each hospital shall develop a written policy statement
24reflecting the requirements of subsection (a) and shall post,
25either by physical or electronic means, written notices of

 

 

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1this policy in the obstetrical admitting areas of the hospital
2by July 1, 2004. Notices posted pursuant to this Section shall
3be posted in the predominant language or languages spoken in
4the hospital's service area.
5(Source: P.A. 93-981, eff. 8-23-04.)
 
6    Section 15-10. The Language Assistance Services Act is
7amended by changing Section 15 as follows:
 
8    (210 ILCS 87/15)
9    Sec. 15. Language assistance services.
10    (a) To ensure access to health care information and
11services for limited-English-speaking or non-English-speaking
12residents and deaf residents, a health facility must do the
13following:
14        (1) Adopt and review annually a policy for providing
15    language assistance services to patients with language or
16    communication barriers. The policy shall include
17    procedures for providing, to the extent possible as
18    determined by the facility, the use of an interpreter
19    whenever a language or communication barrier exists,
20    except where the patient, after being informed of the
21    availability of the interpreter service, chooses to use a
22    family member or friend who volunteers to interpret. The
23    procedures shall be designed to maximize efficient use of
24    interpreters and minimize delays in providing interpreters

 

 

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1    to patients. The procedures shall insure, to the extent
2    possible as determined by the facility, that interpreters
3    are available, either on the premises or accessible by
4    telephone, 24 hours a day. The facility shall annually
5    transmit to the Department of Public Health a copy of the
6    updated policy and shall include a description of the
7    facility's efforts to insure adequate and speedy
8    communication between patients with language or
9    communication barriers and staff.
10        (2) Develop, and post, either by physical or
11    electronic means, in conspicuous locations, notices that
12    advise patients and their families of the availability of
13    interpreters, the procedure for obtaining an interpreter,
14    and the telephone numbers to call for filing complaints
15    concerning interpreter service problems, including, but
16    not limited to, a TTY number for persons who are deaf or
17    hard of hearing. The notices shall be posted, at a
18    minimum, in the emergency room, the admitting area, the
19    facility entrance, and the outpatient area. Notices shall
20    inform patients that interpreter services are available on
21    request, shall list the languages most commonly
22    encountered at the facility for which interpreter services
23    are available, and shall instruct patients to direct
24    complaints regarding interpreter services to the
25    Department of Public Health, including the telephone
26    numbers to call for that purpose.

 

 

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1        (3) Notify the facility's employees of the language
2    services available at the facility and train them on how
3    to make those language services available to patients.
4    (b) In addition, a health facility may do one or more of
5the following:
6        (1) Identify and record a patient's primary language
7    and dialect on one or more of the following: a patient
8    medical chart, hospital bracelet, bedside notice, or
9    nursing card.
10        (2) Prepare and maintain, as needed, a list of
11    interpreters who have been identified as proficient in
12    sign language according to the Interpreter for the Deaf
13    Licensure Act of 2007 and a list of the languages of the
14    population of the geographical area served by the
15    facility.
16        (3) Review all standardized written forms, waivers,
17    documents, and informational materials available to
18    patients on admission to determine which to translate into
19    languages other than English.
20        (4) Consider providing its nonbilingual staff with
21    standardized picture and phrase sheets for use in routine
22    communications with patients who have language or
23    communication barriers.
24        (5) Develop community liaison groups to enable the
25    facility and the limited-English-speaking,
26    non-English-speaking, and deaf communities to ensure the

 

 

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1    adequacy of the interpreter services.
2(Source: P.A. 98-756, eff. 7-16-14.)
 
3    Section 15-15. The Fair Patient Billing Act is amended by
4changing Section 15 as follows:
 
5    (210 ILCS 88/15)
6    Sec. 15. Patient notification.
7    (a) Each hospital shall post a sign with the following
8notice:
9         "You may be eligible for financial assistance under
10    the terms and conditions the hospital offers to qualified
11    patients. For more information contact [hospital financial
12    assistance representative]".
13    (b) The sign under subsection (a) shall be posted, either
14by physical or electronic means, conspicuously in the
15admission and registration areas of the hospital.
16    (c) The sign shall be in English, and in any other language
17that is the primary language of at least 5% of the patients
18served by the hospital annually.
19    (d) Each hospital that has a website must post a notice in
20a prominent place on its website that financial assistance is
21available at the hospital, a description of the financial
22assistance application process, and a copy of the financial
23assistance application.
24    (e) Within 180 days after the effective date of this

 

 

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1amendatory Act of the 102nd General Assembly, each Each
2hospital must make available information regarding financial
3assistance from the hospital in the form of either a brochure,
4an application for financial assistance, or other written or
5electronic material in the emergency room, material in the
6hospital admission, or registration area.
7(Source: P.A. 94-885, eff. 1-1-07.)
 
8    Section 15-16. The Health Care Violence Prevention Act is
9amended by changing Section 15 as follows:
 
10    (210 ILCS 160/15)
11    Sec. 15. Workplace safety.
12    (a) A health care worker who contacts law enforcement or
13files a report with law enforcement against a patient or
14individual because of workplace violence shall provide notice
15to management of the health care provider by which he or she is
16employed within 3 days after contacting law enforcement or
17filing the report.
18    (b) No management of a health care provider may discourage
19a health care worker from exercising his or her right to
20contact law enforcement or file a report with law enforcement
21because of workplace violence.
22    (c) A health care provider that employs a health care
23worker shall display a notice, either by physical or
24electronic means, stating that verbal aggression will not be

 

 

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1tolerated and physical assault will be reported to law
2enforcement.
3    (d) The health care provider shall offer immediate
4post-incident services for a health care worker directly
5involved in a workplace violence incident caused by patients
6or their visitors, including acute treatment and access to
7psychological evaluation.
8(Source: P.A. 100-1051, eff. 1-1-19.)
 
9    Section 15-17. The Medical Patient Rights Act is amended
10by changing Sections 3.4 and 5.2 as follows:
 
11    (410 ILCS 50/3.4)
12    Sec. 3.4. Rights of women; pregnancy and childbirth.
13    (a) In addition to any other right provided under this
14Act, every woman has the following rights with regard to
15pregnancy and childbirth:
16        (1) The right to receive health care before, during,
17    and after pregnancy and childbirth.
18        (2) The right to receive care for her and her infant
19    that is consistent with generally accepted medical
20    standards.
21        (3) The right to choose a certified nurse midwife or
22    physician as her maternity care professional.
23        (4) The right to choose her birth setting from the
24    full range of birthing options available in her community.

 

 

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1        (5) The right to leave her maternity care professional
2    and select another if she becomes dissatisfied with her
3    care, except as otherwise provided by law.
4        (6) The right to receive information about the names
5    of those health care professionals involved in her care.
6        (7) The right to privacy and confidentiality of
7    records, except as provided by law.
8        (8) The right to receive information concerning her
9    condition and proposed treatment, including methods of
10    relieving pain.
11        (9) The right to accept or refuse any treatment, to
12    the extent medically possible.
13        (10) The right to be informed if her caregivers wish
14    to enroll her or her infant in a research study in
15    accordance with Section 3.1 of this Act.
16        (11) The right to access her medical records in
17    accordance with Section 8-2001 of the Code of Civil
18    Procedure.
19        (12) The right to receive information in a language in
20    which she can communicate in accordance with federal law.
21        (13) The right to receive emotional and physical
22    support during labor and birth.
23        (14) The right to freedom of movement during labor and
24    to give birth in the position of her choice, within
25    generally accepted medical standards.
26        (15) The right to contact with her newborn, except

 

 

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1    where necessary care must be provided to the mother or
2    infant.
3        (16) The right to receive information about
4    breastfeeding.
5        (17) The right to decide collaboratively with
6    caregivers when she and her baby will leave the birth site
7    for home, based on their conditions and circumstances.
8        (18) The right to be treated with respect at all times
9    before, during, and after pregnancy by her health care
10    professionals.
11        (19) The right of each patient, regardless of source
12    of payment, to examine and receive a reasonable
13    explanation of her total bill for services rendered by her
14    maternity care professional or health care provider,
15    including itemized charges for specific services received.
16    Each maternity care professional or health care provider
17    shall be responsible only for a reasonable explanation of
18    those specific services provided by the maternity care
19    professional or health care provider.
20    (b) The Department of Public Health, Department of
21Healthcare and Family Services, Department of Children and
22Family Services, and Department of Human Services shall post,
23either by physical or electronic means, information about
24these rights on their publicly available websites. Every
25health care provider, day care center licensed under the Child
26Care Act of 1969, Head Start, and community center shall post

 

 

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1information about these rights in a prominent place and on
2their websites, if applicable.
3    (c) The Department of Public Health shall adopt rules to
4implement this Section.
5    (d) Nothing in this Section or any rules adopted under
6subsection (c) shall be construed to require a physician,
7health care professional, hospital, hospital affiliate, or
8health care provider to provide care inconsistent with
9generally accepted medical standards or available capabilities
10or resources.
11(Source: P.A. 101-445, eff. 1-1-20.)
 
12    (410 ILCS 50/5.2)
13    Sec. 5.2. Emergency room anti-discrimination notice. Every
14hospital shall post, either by physical or electronic means, a
15sign next to or in close proximity of its sign required by
16Section 489.20 (q)(1) of Title 42 of the Code of Federal
17Regulations stating the following:
18    "You have the right not to be discriminated against by the
19hospital due to your race, color, or national origin if these
20characteristics are unrelated to your diagnosis or treatment.
21If you believe this right has been violated, please call
22(insert number for hospital grievance officer).".
23(Source: P.A. 97-485, eff. 8-22-11.)
 
24    Section 15-25. The Abandoned Newborn Infant Protection Act

 

 

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1is amended by changing Section 22 as follows:
 
2    (325 ILCS 2/22)
3    Sec. 22. Signs. Every hospital, fire station, emergency
4medical facility, and police station that is required to
5accept a relinquished newborn infant in accordance with this
6Act must post, either by physical or electronic means, a sign
7in a conspicuous place on the exterior of the building housing
8the facility informing persons that a newborn infant may be
9relinquished at the facility in accordance with this Act. The
10Department shall prescribe specifications for the signs and
11for their placement that will ensure statewide uniformity.
12    This Section does not apply to a hospital, fire station,
13emergency medical facility, or police station that has a sign
14that is consistent with the requirements of this Section that
15is posted on the effective date of this amendatory Act of the
1695th General Assembly.
17(Source: P.A. 95-275, eff. 8-17-07.)
 
18    Section 15-30. The Crime Victims Compensation Act is
19amended by changing Section 5.1 as follows:
 
20    (740 ILCS 45/5.1)  (from Ch. 70, par. 75.1)
21    Sec. 5.1. (a) Every hospital licensed under the laws of
22this State shall display prominently in its emergency room
23posters giving notification of the existence and general

 

 

HB0158- 45 -LRB102 10244 CPF 15570 b

1provisions of this Act. The posters may be displayed by
2physical or electronic means. Such posters shall be provided
3by the Attorney General.
4    (b) Any law enforcement agency that investigates an
5offense committed in this State shall inform the victim of the
6offense or his dependents concerning the availability of an
7award of compensation and advise such persons that any
8information concerning this Act and the filing of a claim may
9be obtained from the office of the Attorney General.
10(Source: P.A. 81-1013.)
 
11    Section 15-35. The Human Trafficking Resource Center
12Notice Act is amended by changing Sections 5 and 10 as follows:
 
13    (775 ILCS 50/5)
14    Sec. 5. Posted notice required.
15    (a) Each of the following businesses and other
16establishments shall, upon the availability of the model
17notice described in Section 15 of this Act, post a notice that
18complies with the requirements of this Act in a conspicuous
19place near the public entrance of the establishment or in
20another conspicuous location in clear view of the public and
21employees where similar notices are customarily posted:
22        (1) On premise consumption retailer licensees under
23    the Liquor Control Act of 1934 where the sale of alcoholic
24    liquor is the principal business carried on by the

 

 

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1    licensee at the premises and primary to the sale of food.
2        (2) Adult entertainment facilities, as defined in
3    Section 5-1097.5 of the Counties Code.
4        (3) Primary airports, as defined in Section 47102(16)
5    of Title 49 of the United States Code.
6        (4) Intercity passenger rail or light rail stations.
7        (5) Bus stations.
8        (6) Truck stops. For purposes of this Act, "truck
9    stop" means a privately-owned and operated facility that
10    provides food, fuel, shower or other sanitary facilities,
11    and lawful overnight truck parking.
12        (7) Emergency rooms within general acute care
13    hospitals, in which case the notice may be posted by
14    electronic means.
15        (8) Urgent care centers, in which case the notice may
16    be posted by electronic means.
17        (9) Farm labor contractors. For purposes of this Act,
18    "farm labor contractor" means: (i) any person who for a
19    fee or other valuable consideration recruits, supplies, or
20    hires, or transports in connection therewith, into or
21    within the State, any farmworker not of the contractor's
22    immediate family to work for, or under the direction,
23    supervision, or control of, a third person; or (ii) any
24    person who for a fee or other valuable consideration
25    recruits, supplies, or hires, or transports in connection
26    therewith, into or within the State, any farmworker not of

 

 

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1    the contractor's immediate family, and who for a fee or
2    other valuable consideration directs, supervises, or
3    controls all or any part of the work of the farmworker or
4    who disburses wages to the farmworker. However, "farm
5    labor contractor" does not include full-time regular
6    employees of food processing companies when the employees
7    are engaged in recruiting for the companies if those
8    employees are not compensated according to the number of
9    farmworkers they recruit.
10        (10) Privately-operated job recruitment centers.
11        (11) Massage establishments. As used in this Act,
12    "massage establishment" means a place of business in which
13    any method of massage therapy is administered or practiced
14    for compensation. "Massage establishment" does not
15    include: an establishment at which persons licensed under
16    the Medical Practice Act of 1987, the Illinois Physical
17    Therapy Act, or the Naprapathic Practice Act engage in
18    practice under one of those Acts; a business owned by a
19    sole licensed massage therapist; or a cosmetology or
20    esthetics salon registered under the Barber, Cosmetology,
21    Esthetics, Hair Braiding, and Nail Technology Act of 1985.
22    (b) The Department of Transportation shall, upon the
23availability of the model notice described in Section 15 of
24this Act, post a notice that complies with the requirements of
25this Act in a conspicuous place near the public entrance of
26each roadside rest area or in another conspicuous location in

 

 

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1clear view of the public and employees where similar notices
2are customarily posted.
3    (c) The owner of a hotel or motel shall, upon the
4availability of the model notice described in Section 15 of
5this Act, post a notice that complies with the requirements of
6this Act in a conspicuous and accessible place in or about the
7premises in clear view of the employees where similar notices
8are customarily posted.
9    (d) The organizer of a public gathering or special event
10that is conducted on property open to the public and requires
11the issuance of a permit from the unit of local government
12shall post a notice that complies with the requirements of
13this Act in a conspicuous and accessible place in or about the
14premises in clear view of the public and employees where
15similar notices are customarily posted.
16    (e) The administrator of a public or private elementary
17school or public or private secondary school shall post a
18printout of the downloadable notice provided by the Department
19of Human Services under Section 15 that complies with the
20requirements of this Act in a conspicuous and accessible place
21chosen by the administrator in the administrative office or
22another location in view of school employees. School districts
23and personnel are not subject to the penalties provided under
24subsection (a) of Section 20.
25    (f) The owner of an establishment registered under the
26Tattoo and Body Piercing Establishment Registration Act shall

 

 

HB0158- 49 -LRB102 10244 CPF 15570 b

1post a notice that complies with the requirements of this Act
2in a conspicuous and accessible place in clear view of
3establishment employees.
4(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17;
5100-671, eff. 1-1-19.)
 
6    (775 ILCS 50/10)
7    Sec. 10. Form of posted notice.
8    (a) The notice required under this Act shall be at least 8
91/2 inches by 11 inches in size, written in a 16-point font,
10except that when the notice is provided by electronic means
11the size of the notice and font shall not be required to comply
12with these specifications, and shall state the following:
 
13"If you or someone you know is being forced to engage in any
14activity and cannot leave, whether it is commercial sex,
15housework, farm work, construction, factory, retail, or
16restaurant work, or any other activity, call the National
17Human Trafficking Resource Center at 1-888-373-7888 to access
18help and services.
 
19Victims of slavery and human trafficking are protected under
20United States and Illinois law. The hotline is:
21        * Available 24 hours a day, 7 days a week.
22        * Toll-free.
23        * Operated by nonprofit nongovernmental organizations.

 

 

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1        * Anonymous and confidential.
2        * Accessible in more than 160 languages.
3        * Able to provide help, referral to services,
4    training, and general information.".
 
5    (b) The notice shall be printed in English, Spanish, and
6in one other language that is the most widely spoken language
7in the county where the establishment is located and for which
8translation is mandated by the federal Voting Rights Act, as
9applicable. This subsection does not require a business or
10other establishment in a county where a language other than
11English or Spanish is the most widely spoken language to print
12the notice in more than one language in addition to English and
13Spanish.
14(Source: P.A. 99-99, eff. 1-1-16.)
 
15
Article 20.

 
16    Section 20-5. The University of Illinois Hospital Act is
17amended by adding Section 8d as follows:
 
18    (110 ILCS 330/8d new)
19    Sec. 8d. N95 masks. The University of Illinois Hospital
20shall provide N95 masks to physicians licensed under the
21Medical Practice Act of 1987, registered nurses and advanced
22practice registered nurses licensed under the Nurse Licensing

 

 

HB0158- 51 -LRB102 10244 CPF 15570 b

1Act, and other employees, to the extent the hospital
2determines that the physician, registered nurse, advanced
3practice registered nurse, or other employee is required to
4have such a mask to serve patients of the hospital, in
5accordance with the policies, guidance, and recommendations of
6State and federal public health and infection control
7authorities and taking into consideration the limitations on
8access to N95 masks caused by disruptions in local, State,
9national, and international supply chains; however, nothing in
10this Section shall be construed to impose any new duty or
11obligation on the hospital that is greater than that imposed
12under State and federal laws in effect on the effective date of
13this amendatory Act of the 102nd General Assembly. This
14Section is repealed on December 31, 2021.
 
15    Section 20-10. The Hospital Licensing Act is amended by
16adding Section 6.28 as follows:
 
17    (210 ILCS 85/6.28 new)
18    Sec. 6.28. N95 masks. A hospital licensed under this Act
19shall provide N95 masks to physicians licensed under the
20Medical Practice Act of 1987, registered nurses and advanced
21practice registered nurses licensed under the Nurse Licensing
22Act, and other employees, to the extent the hospital
23determines that the physician, registered nurse, advanced
24practice registered nurse, or other employee is required to

 

 

HB0158- 52 -LRB102 10244 CPF 15570 b

1have such a mask to serve patients of the hospital, in
2accordance with the policies, guidance, and recommendations of
3State and federal public health and infection control
4authorities and taking into consideration the limitations on
5access to N95 masks caused by disruptions in local, State,
6national, and international supply chains; however, nothing in
7this Section shall be construed to impose any new duty or
8obligation on the hospital that is greater than that imposed
9under State and federal laws in effect on the effective date of
10this amendatory Act of the 102nd General Assembly. This
11Section is repealed on December 31, 2021.
 
12
Article 35.

 
13    Section 35-5. The Illinois Public Aid Code is amended by
14changing Section 5-5.05 as follows:
 
15    (305 ILCS 5/5-5.05)
16    Sec. 5-5.05. Hospitals; psychiatric services.
17    (a) On and after July 1, 2008, the inpatient, per diem rate
18to be paid to a hospital for inpatient psychiatric services
19shall be $363.77.
20    (b) For purposes of this Section, "hospital" means the
21following:
22        (1) Advocate Christ Hospital, Oak Lawn, Illinois.
23        (2) Barnes-Jewish Hospital, St. Louis, Missouri.

 

 

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1        (3) BroMenn Healthcare, Bloomington, Illinois.
2        (4) Jackson Park Hospital, Chicago, Illinois.
3        (5) Katherine Shaw Bethea Hospital, Dixon, Illinois.
4        (6) Lawrence County Memorial Hospital, Lawrenceville,
5    Illinois.
6        (7) Advocate Lutheran General Hospital, Park Ridge,
7    Illinois.
8        (8) Mercy Hospital and Medical Center, Chicago,
9    Illinois.
10        (9) Methodist Medical Center of Illinois, Peoria,
11    Illinois.
12        (10) Provena United Samaritans Medical Center,
13    Danville, Illinois.
14        (11) Rockford Memorial Hospital, Rockford, Illinois.
15        (12) Sarah Bush Lincoln Health Center, Mattoon,
16    Illinois.
17        (13) Provena Covenant Medical Center, Urbana,
18    Illinois.
19        (14) Rush-Presbyterian-St. Luke's Medical Center,
20    Chicago, Illinois.
21        (15) Mt. Sinai Hospital, Chicago, Illinois.
22        (16) Gateway Regional Medical Center, Granite City,
23    Illinois.
24        (17) St. Mary of Nazareth Hospital, Chicago, Illinois.
25        (18) Provena St. Mary's Hospital, Kankakee, Illinois.
26        (19) St. Mary's Hospital, Decatur, Illinois.

 

 

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1        (20) Memorial Hospital, Belleville, Illinois.
2        (21) Swedish Covenant Hospital, Chicago, Illinois.
3        (22) Trinity Medical Center, Rock Island, Illinois.
4        (23) St. Elizabeth Hospital, Chicago, Illinois.
5        (24) Richland Memorial Hospital, Olney, Illinois.
6        (25) St. Elizabeth's Hospital, Belleville, Illinois.
7        (26) Samaritan Health System, Clinton, Iowa.
8        (27) St. John's Hospital, Springfield, Illinois.
9        (28) St. Mary's Hospital, Centralia, Illinois.
10        (29) Loretto Hospital, Chicago, Illinois.
11        (30) Kenneth Hall Regional Hospital, East St. Louis,
12    Illinois.
13        (31) Hinsdale Hospital, Hinsdale, Illinois.
14        (32) Pekin Hospital, Pekin, Illinois.
15        (33) University of Chicago Medical Center, Chicago,
16    Illinois.
17        (34) St. Anthony's Health Center, Alton, Illinois.
18        (35) OSF St. Francis Medical Center, Peoria, Illinois.
19        (36) Memorial Medical Center, Springfield, Illinois.
20        (37) A hospital with a distinct part unit for
21    psychiatric services that begins operating on or after
22    July 1, 2008.
23    For purposes of this Section, "inpatient psychiatric
24services" means those services provided to patients who are in
25need of short-term acute inpatient hospitalization for active
26treatment of an emotional or mental disorder.

 

 

HB0158- 55 -LRB102 10244 CPF 15570 b

1    (b-5) Notwithstanding any other provision of this Section,
2and subject to available appropriations, the inpatient, per
3diem rate to be paid to all safety-net hospitals for inpatient
4psychiatric services on and after January 1, 2021 shall be at
5least $630.
6    (c) No rules shall be promulgated to implement this
7Section. For purposes of this Section, "rules" is given the
8meaning contained in Section 1-70 of the Illinois
9Administrative Procedure Act.
10    (d) This Section shall not be in effect during any period
11of time that the State has in place a fully operational
12hospital assessment plan that has been approved by the Centers
13for Medicare and Medicaid Services of the U.S. Department of
14Health and Human Services.
15    (e) On and after July 1, 2012, the Department shall reduce
16any rate of reimbursement for services or other payments or
17alter any methodologies authorized by this Code to reduce any
18rate of reimbursement for services or other payments in
19accordance with Section 5-5e.
20(Source: P.A. 97-689, eff. 6-14-12.)
 
21
Title IV. Medical Implicit Bias

 
22
Article 45.

 
23    Section 45-5. The Department of Professional Regulation

 

 

HB0158- 56 -LRB102 10244 CPF 15570 b

1Law of the Civil Administrative Code of Illinois is amended by
2adding Section 2105-15.7 as follows:
 
3    (20 ILCS 2105/2105-15.7 new)
4    Sec. 2105-15.7. Implicit bias awareness training.
5    (a) As used in this Section, "health care professional"
6means a person licensed or registered by the Department of
7Financial and Professional Regulation under the following
8Acts: Medical Practice Act of 1987, Nurse Practice Act,
9Clinical Psychologist Licensing Act, Illinois Dental Practice
10Act, Illinois Optometric Practice Act of 1987, Pharmacy
11Practice Act, Illinois Physical Therapy Act, Physician
12Assistant Practice Act of 1987, Acupuncture Practice Act,
13Illinois Athletic Trainers Practice Act, Clinical Social Work
14and Social Work Practice Act, Dietitian Nutritionist Practice
15Act, Home Medical Equipment and Services Provider License Act,
16Naprapathic Practice Act, Nursing Home Administrators
17Licensing and Disciplinary Act, Illinois Occupational Therapy
18Practice Act, Illinois Optometric Practice Act of 1987,
19Podiatric Medical Practice Act of 1987, Respiratory Care
20Practice Act, Professional Counselor and Clinical Professional
21Counselor Licensing and Practice Act, Sex Offender Evaluation
22and Treatment Provider Act, Illinois Speech-Language Pathology
23and Audiology Practice Act, Perfusionist Practice Act,
24Registered Surgical Assistant and Registered Surgical
25Technologist Title Protection Act, and Genetic Counselor

 

 

HB0158- 57 -LRB102 10244 CPF 15570 b

1Licensing Act.
2    (b) For license or registration renewals occurring on or
3after January 1, 2022, a health care professional who has
4continuing education requirements must complete at least a
5one-hour course in training on implicit bias awareness per
6renewal period. A health care professional may count this one
7hour for completion of this course toward meeting the minimum
8credit hours required for continuing education. Any training
9on implicit bias awareness applied to meet any other State
10licensure requirement, professional accreditation or
11certification requirement, or health care institutional
12practice agreement may count toward the one-hour requirement
13under this Section.
14    (c) The Department may adopt rules for the implementation
15of this Section.
 
16
Title V. Substance Abuse and Mental Health Treatment

 
17
Article 50.

 
18    Section 50-5. The Illinois Controlled Substances Act is
19amended by changing Section 414 as follows:
 
20    (720 ILCS 570/414)
21    Sec. 414. Overdose; limited immunity from prosecution.
22    (a) For the purposes of this Section, "overdose" means a

 

 

HB0158- 58 -LRB102 10244 CPF 15570 b

1controlled substance-induced physiological event that results
2in a life-threatening emergency to the individual who
3ingested, inhaled, injected or otherwise bodily absorbed a
4controlled, counterfeit, or look-alike substance or a
5controlled substance analog.
6    (b) A person who, in good faith, seeks or obtains
7emergency medical assistance for someone experiencing an
8overdose shall not be arrested, charged, or prosecuted for a
9violation of Section 401 or 402 of the Illinois Controlled
10Substances Act, Section 3.5 of the Drug Paraphernalia Control
11Act, Section 55 or 60 of the Methamphetamine Control and
12Community Protection Act, Section 9-3.3 of the Criminal Code
13of 2012, or paragraph (1) of subsection (g) of Section 12-3.05
14of the Criminal Code of 2012 Class 4 felony possession of a
15controlled, counterfeit, or look-alike substance or a
16controlled substance analog if evidence for the violation
17Class 4 felony possession charge was acquired as a result of
18the person seeking or obtaining emergency medical assistance
19and providing the amount of substance recovered is within the
20amount identified in subsection (d) of this Section. The
21violations listed in this subsection (b) must not serve as the
22sole basis of a violation of parole, mandatory supervised
23release, probation, or conditional discharge, or any seizure
24of property under any State law authorizing civil forfeiture
25so long as the evidence for the violation was acquired as a
26result of the person seeking or obtaining emergency medical

 

 

HB0158- 59 -LRB102 10244 CPF 15570 b

1assistance in the event of an overdose.
2    (c) A person who is experiencing an overdose shall not be
3arrested, charged, or prosecuted for a violation of Section
4401 or 402 of the Illinois Controlled Substances Act, Section
53.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
6the Criminal Code of 2012, or paragraph (1) of subsection (g)
7of Section 12-3.05 of the Criminal Code of 2012 Class 4 felony
8possession of a controlled, counterfeit, or look-alike
9substance or a controlled substance analog if evidence for the
10violation Class 4 felony possession charge was acquired as a
11result of the person seeking or obtaining emergency medical
12assistance and providing the amount of substance recovered is
13within the amount identified in subsection (d) of this
14Section. The violations listed in this subsection (c) must not
15serve as the sole basis of a violation of parole, mandatory
16supervised release, probation, or conditional discharge, or
17any seizure of property under any State law authorizing civil
18forfeiture so long as the evidence for the violation was
19acquired as a result of the person seeking or obtaining
20emergency medical assistance in the event of an overdose.
21    (d) For the purposes of subsections (b) and (c), the
22limited immunity shall only apply to a person possessing the
23following amount:
24        (1) less than 3 grams of a substance containing
25    heroin;
26        (2) less than 3 grams of a substance containing

 

 

HB0158- 60 -LRB102 10244 CPF 15570 b

1    cocaine;
2        (3) less than 3 grams of a substance containing
3    morphine;
4        (4) less than 40 grams of a substance containing
5    peyote;
6        (5) less than 40 grams of a substance containing a
7    derivative of barbituric acid or any of the salts of a
8    derivative of barbituric acid;
9        (6) less than 40 grams of a substance containing
10    amphetamine or any salt of an optical isomer of
11    amphetamine;
12        (7) less than 3 grams of a substance containing
13    lysergic acid diethylamide (LSD), or an analog thereof;
14        (8) less than 6 grams of a substance containing
15    pentazocine or any of the salts, isomers and salts of
16    isomers of pentazocine, or an analog thereof;
17        (9) less than 6 grams of a substance containing
18    methaqualone or any of the salts, isomers and salts of
19    isomers of methaqualone;
20        (10) less than 6 grams of a substance containing
21    phencyclidine or any of the salts, isomers and salts of
22    isomers of phencyclidine (PCP);
23        (11) less than 6 grams of a substance containing
24    ketamine or any of the salts, isomers and salts of isomers
25    of ketamine;
26        (12) less than 40 grams of a substance containing a

 

 

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1    substance classified as a narcotic drug in Schedules I or
2    II, or an analog thereof, which is not otherwise included
3    in this subsection.
4    (e) The limited immunity described in subsections (b) and
5(c) of this Section shall not be extended if law enforcement
6has reasonable suspicion or probable cause to detain, arrest,
7or search the person described in subsection (b) or (c) of this
8Section for criminal activity and the reasonable suspicion or
9probable cause is based on information obtained prior to or
10independent of the individual described in subsection (b) or
11(c) taking action to seek or obtain emergency medical
12assistance and not obtained as a direct result of the action of
13seeking or obtaining emergency medical assistance. Nothing in
14this Section is intended to interfere with or prevent the
15investigation, arrest, or prosecution of any person for the
16delivery or distribution of cannabis, methamphetamine or other
17controlled substances, drug-induced homicide, or any other
18crime if the evidence of the violation is not acquired as a
19result of the person seeking or obtaining emergency medical
20assistance in the event of an overdose.
21(Source: P.A. 97-678, eff. 6-1-12.)
 
22    Section 50-10. The Methamphetamine Control and Community
23Protection Act is amended by changing Section 115 as follows:
 
24    (720 ILCS 646/115)

 

 

HB0158- 62 -LRB102 10244 CPF 15570 b

1    Sec. 115. Overdose; limited immunity from prosecution.
2    (a) For the purposes of this Section, "overdose" means a
3methamphetamine-induced physiological event that results in a
4life-threatening emergency to the individual who ingested,
5inhaled, injected, or otherwise bodily absorbed
6methamphetamine.
7    (b) A person who, in good faith, seeks emergency medical
8assistance for someone experiencing an overdose shall not be
9arrested, charged or prosecuted for a violation of Section 55
10or 60 of this Act or Section 3.5 of the Drug Paraphernalia
11Control Act, Section 9-3.3 of the Criminal Code of 2012, or
12paragraph (1) of subsection (g) of Section 12-3.05 of the
13Criminal Code of 2012 Class 3 felony possession of
14methamphetamine if evidence for the violation Class 3 felony
15possession charge was acquired as a result of the person
16seeking or obtaining emergency medical assistance and
17providing the amount of substance recovered is less than 3
18grams one gram of methamphetamine or a substance containing
19methamphetamine. The violations listed in this subsection (b)
20must not serve as the sole basis of a violation of parole,
21mandatory supervised release, probation, or conditional
22discharge, or any seizure of property under any State law
23authorizing civil forfeiture so long as the evidence for the
24violation was acquired as a result of the person seeking or
25obtaining emergency medical assistance in the event of an
26overdose.

 

 

HB0158- 63 -LRB102 10244 CPF 15570 b

1    (c) A person who is experiencing an overdose shall not be
2arrested, charged, or prosecuted for a violation of Section 55
3or 60 of this Act or Section 3.5 of the Drug Paraphernalia
4Control Act, Section 9-3.3 of the Criminal Code of 2012, or
5paragraph (1) of subsection (g) of Section 12-3.05 of the
6Criminal Code of 2012 Class 3 felony possession of
7methamphetamine if evidence for the Class 3 felony possession
8charge was acquired as a result of the person seeking or
9obtaining emergency medical assistance and providing the
10amount of substance recovered is less than one gram of
11methamphetamine or a substance containing methamphetamine. The
12violations listed in this subsection (c) must not serve as the
13sole basis of a violation of parole, mandatory supervised
14release, probation, or conditional discharge, or any seizure
15of property under any State law authorizing civil forfeiture
16so long as the evidence for the violation was acquired as a
17result of the person seeking or obtaining emergency medical
18assistance in the event of an overdose.
19    (d) The limited immunity described in subsections (b) and
20(c) of this Section shall not be extended if law enforcement
21has reasonable suspicion or probable cause to detain, arrest,
22or search the person described in subsection (b) or (c) of this
23Section for criminal activity and the reasonable suspicion or
24probable cause is based on information obtained prior to or
25independent of the individual described in subsection (b) or
26(c) taking action to seek or obtain emergency medical

 

 

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1assistance and not obtained as a direct result of the action of
2seeking or obtaining emergency medical assistance. Nothing in
3this Section is intended to interfere with or prevent the
4investigation, arrest, or prosecution of any person for the
5delivery or distribution of cannabis, methamphetamine or other
6controlled substances, drug-induced homicide, or any other
7crime if the evidence of the violation is not acquired as a
8result of the person seeking or obtaining emergency medical
9assistance in the event of an overdose.
10(Source: P.A. 97-678, eff. 6-1-12.)
 
11
Article 55.

 
12    Section 55-5. The Illinois Controlled Substances Act is
13amended by changing Section 316 as follows:
 
14    (720 ILCS 570/316)
15    Sec. 316. Prescription Monitoring Program.
16    (a) The Department must provide for a Prescription
17Monitoring Program for Schedule II, III, IV, and V controlled
18substances that includes the following components and
19requirements:
20        (1) The dispenser must transmit to the central
21    repository, in a form and manner specified by the
22    Department, the following information:
23            (A) The recipient's name and address.

 

 

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1            (B) The recipient's date of birth and gender.
2            (C) The national drug code number of the
3        controlled substance dispensed.
4            (D) The date the controlled substance is
5        dispensed.
6            (E) The quantity of the controlled substance
7        dispensed and days supply.
8            (F) The dispenser's United States Drug Enforcement
9        Administration registration number.
10            (G) The prescriber's United States Drug
11        Enforcement Administration registration number.
12            (H) The dates the controlled substance
13        prescription is filled.
14            (I) The payment type used to purchase the
15        controlled substance (i.e. Medicaid, cash, third party
16        insurance).
17            (J) The patient location code (i.e. home, nursing
18        home, outpatient, etc.) for the controlled substances
19        other than those filled at a retail pharmacy.
20            (K) Any additional information that may be
21        required by the department by administrative rule,
22        including but not limited to information required for
23        compliance with the criteria for electronic reporting
24        of the American Society for Automation and Pharmacy or
25        its successor.
26        (2) The information required to be transmitted under

 

 

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1    this Section must be transmitted not later than the end of
2    the next business day after the date on which a controlled
3    substance is dispensed, or at such other time as may be
4    required by the Department by administrative rule.
5        (3) A dispenser must transmit the information required
6    under this Section by:
7            (A) an electronic device compatible with the
8        receiving device of the central repository;
9            (B) a computer diskette;
10            (C) a magnetic tape; or
11            (D) a pharmacy universal claim form or Pharmacy
12        Inventory Control form.
13        (3.5) The requirements of paragraphs (1), (2), and (3)
14    of this subsection (a) also apply to opioid treatment
15    programs that prescribe Schedule II, III, IV, or V
16    controlled substances for the treatment of opioid use
17    disorder.
18        (4) The Department may impose a civil fine of up to
19    $100 per day for willful failure to report controlled
20    substance dispensing to the Prescription Monitoring
21    Program. The fine shall be calculated on no more than the
22    number of days from the time the report was required to be
23    made until the time the problem was resolved, and shall be
24    payable to the Prescription Monitoring Program.
25    (a-5) Notwithstanding subsection (a), a licensed
26veterinarian is exempt from the reporting requirements of this

 

 

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1Section. If a person who is presenting an animal for treatment
2is suspected of fraudulently obtaining any controlled
3substance or prescription for a controlled substance, the
4licensed veterinarian shall report that information to the
5local law enforcement agency.
6    (b) The Department, by rule, may include in the
7Prescription Monitoring Program certain other select drugs
8that are not included in Schedule II, III, IV, or V. The
9Prescription Monitoring Program does not apply to controlled
10substance prescriptions as exempted under Section 313.
11    (c) The collection of data on select drugs and scheduled
12substances by the Prescription Monitoring Program may be used
13as a tool for addressing oversight requirements of long-term
14care institutions as set forth by Public Act 96-1372.
15Long-term care pharmacies shall transmit patient medication
16profiles to the Prescription Monitoring Program monthly or
17more frequently as established by administrative rule.
18    (d) The Department of Human Services shall appoint a
19full-time Clinical Director of the Prescription Monitoring
20Program.
21    (e) (Blank).
22    (f) Within one year of January 1, 2018 (the effective date
23of Public Act 100-564), the Department shall adopt rules
24requiring all Electronic Health Records Systems to interface
25with the Prescription Monitoring Program application program
26on or before January 1, 2021 to ensure that all providers have

 

 

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1access to specific patient records during the treatment of
2their patients. These rules shall also address the electronic
3integration of pharmacy records with the Prescription
4Monitoring Program to allow for faster transmission of the
5information required under this Section. The Department shall
6establish actions to be taken if a prescriber's Electronic
7Health Records System does not effectively interface with the
8Prescription Monitoring Program within the required timeline.
9    (g) The Department, in consultation with the Advisory
10Committee, shall adopt rules allowing licensed prescribers or
11pharmacists who have registered to access the Prescription
12Monitoring Program to authorize a licensed or non-licensed
13designee employed in that licensed prescriber's office or a
14licensed designee in a licensed pharmacist's pharmacy who has
15received training in the federal Health Insurance Portability
16and Accountability Act to consult the Prescription Monitoring
17Program on their behalf. The rules shall include reasonable
18parameters concerning a practitioner's authority to authorize
19a designee, and the eligibility of a person to be selected as a
20designee. In this subsection (g), "pharmacist" shall include a
21clinical pharmacist employed by and designated by a Medicaid
22Managed Care Organization providing services under Article V
23of the Illinois Public Aid Code under a contract with the
24Department of Healthcare and Family Services for the sole
25purpose of clinical review of services provided to persons
26covered by the entity under the contract to determine

 

 

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1compliance with subsections (a) and (b) of Section 314.5 of
2this Act. A managed care entity pharmacist shall notify
3prescribers of review activities.
4(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
5100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
67-12-19; 101-414, eff. 8-16-19.)
 
7
Article 60.

 
8    Section 60-5. The Adult Protective Services Act is amended
9by adding Section 3.1 as follows:
 
10    (320 ILCS 20/3.1 new)
11    Sec. 3.1. Adult protective services dementia training.
12    (a) This Section shall apply to any person who is employed
13by the Department in the Adult Protective Services division
14who works on the development and implementation of social
15services to respond to and prevent adult abuse, neglect, or
16exploitation, subject to or until specific appropriations
17become available.
18    (b) The Department shall develop and implement a dementia
19training program that must include instruction on the
20identification of people with dementia, risks such as
21wandering, communication impairments, elder abuse, and the
22best practices for interacting with people with dementia.
23    (c) Initial training of 4 hours shall be completed at the

 

 

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1start of employment with the Adult Protective Services
2division and shall cover the following:
3        (1) Dementia, psychiatric, and behavioral symptoms.
4        (2) Communication issues, including how to communicate
5    respectfully and effectively.
6        (3) Techniques for understanding and approaching
7    behavioral symptoms.
8        (4) Information on how to address specific aspects of
9    safety, for example tips to prevent wandering.
10        (5) When it is necessary to alert law enforcement
11    agencies of potential criminal behavior involving a family
12    member, caretaker, or institutional abuse; neglect or
13    exploitation of a person with dementia; and what types of
14    abuse that are most common to people with dementia.
15        (6) Identifying incidents of self-neglect for people
16    with dementia who live alone as well as neglect by a
17    caregiver.
18        (7) Protocols for connecting people living with
19    dementia to local care resources and professionals who are
20    skilled in dementia care to encourage cross-referral and
21    reporting regarding incidents of abuse.
22    (d) Annual continuing education shall include 2 hours of
23dementia training covering the subjects described in
24subsection (c).
25    (e) This Section is designed to address gaps in current
26dementia training requirements for Adult Protective Services

 

 

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1officials and improve the quality of training. If currently
2existing law or rules contain more rigorous training
3requirements for Adult Protective Service officials, those
4laws or rules shall apply. Where there is overlap between this
5Section and other laws and rules, the Department shall
6interpret this Section to avoid duplication of requirements
7while ensuring that the minimum requirements set in this
8Section are met.
9    (f) The Department may adopt rules for the administration
10of this Section.
 
11
Article 65.

 
12    Section 65-1. Short title. This Article may be cited as
13the Behavioral Health Workforce Education Center of Illinois
14Act. References in this Article to "this Act" mean this
15Article.
 
16    Section 65-5. Findings. The General Assembly finds as
17follows:
18        (1) There are insufficient behavioral health
19    professionals in this State's behavioral health workforce
20    and further that there are insufficient behavioral health
21    professionals trained in evidence-based practices.
22        (2) The Illinois behavioral health workforce situation
23    is at a crisis state and the lack of a behavioral health

 

 

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1    strategy is exacerbating the problem.
2        (3) In 2019, the Journal of Community Health found
3    that suicide rates are disproportionately higher among
4    African American adolescents. From 2001 to 2017, the rate
5    for African American teen boys rose 60%, according to the
6    study. Among African American teen girls, rates nearly
7    tripled, rising by an astounding 182%. Illinois was among
8    the 10 states with the greatest number of African American
9    adolescent suicides (2015-2017).
10        (4) Workforce shortages are evident in all behavioral
11    health professions, including, but not limited to,
12    psychiatry, psychiatric nursing, psychiatric physician
13    assistant, social work (licensed social work, licensed
14    clinical social work), counseling (licensed professional
15    counseling, licensed clinical professional counseling),
16    marriage and family therapy, licensed clinical psychology,
17    occupational therapy, prevention, substance use disorder
18    counseling, and peer support.
19        (5) The shortage of behavioral health practitioners
20    affects every Illinois county, every group of people with
21    behavioral health needs, including children and
22    adolescents, justice-involved populations, working
23    adults, people experiencing homelessness, veterans, and
24    older adults, and every health care and social service
25    setting, from residential facilities and hospitals to
26    community-based organizations and primary care clinics.

 

 

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1        (6) Estimates of unmet needs consistently highlight
2    the dire situation in Illinois. Mental Health America
3    ranks Illinois 29th in the country in mental health
4    workforce availability based on its 480-to-1 ratio of
5    population to mental health professionals, and the Kaiser
6    Family Foundation estimates that only 23.3% of
7    Illinoisans' mental health needs can be met with its
8    current workforce.
9        (7) Shortages are especially acute in rural areas and
10    among low-income and under-insured individuals and
11    families. 30.3% of Illinois' rural hospitals are in
12    designated primary care shortage areas and 93.7% are in
13    designated mental health shortage areas. Nationally, 40%
14    of psychiatrists work in cash-only practices, limiting
15    access for those who cannot afford high out-of-pocket
16    costs, especially Medicaid eligible individuals and
17    families.
18        (8) Spanish-speaking therapists in suburban Cook
19    County, as well as in immigrant new growth communities
20    throughout the State, for example, and master's-prepared
21    social workers in rural communities are especially
22    difficult to recruit and retain.
23        (9) Illinois' shortage of psychiatrists specializing
24    in serving children and adolescents is also severe.
25    Eighty-one out of 102 Illinois counties have no child and
26    adolescent psychiatrists, and the remaining 21 counties

 

 

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1    have only 310 child and adolescent psychiatrists for a
2    population of 2,450,000 children.
3        (10) Only 38.9% of the 121,000 Illinois youth aged 12
4    through 17 who experienced a major depressive episode
5    received care.
6        (11) An annual average of 799,000 people in Illinois
7    aged 12 and older need but do not receive substance use
8    disorder treatment at specialty facilities.
9        (12) According to the Statewide Semiannual Opioid
10    Report, Illinois Department of Public Health, September
11    2020, the number of opioid deaths in Illinois has
12    increased 3% from 2,167 deaths in 2018 to 2,233 deaths in
13    2019.
14        (13) Behavioral health workforce shortages have led to
15    well-documented problems of long wait times for
16    appointments with psychiatrists (4 to 6 months in some
17    cases), high turnover, and unfilled vacancies for social
18    workers and other behavioral health professionals that
19    have eroded the gains in insurance coverage for mental
20    illness and substance use disorder under the federal
21    Affordable Care Act and parity laws.
22        (14) As a result, individuals with mental illness or
23    substance use disorders end up in hospital emergency
24    rooms, which are the most expensive level of care, or are
25    incarcerated and do not receive adequate care, if any.
26        (15) There are many organizations and institutions

 

 

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1    that are affected by behavioral health workforce
2    shortages, but no one entity is responsible for monitoring
3    the workforce supply and intervening to ensure it can
4    effectively meet behavioral health needs throughout the
5    State.
6        (16) Workforce shortages are more complex than simple
7    numerical shortfalls. Identifying the optimal number,
8    type, and location of behavioral health professionals to
9    meet the differing needs of Illinois' diverse regions and
10    populations across the lifespan is a difficult logistical
11    problem at the system and practice level that requires
12    coordinated efforts in research, education, service
13    delivery, and policy.
14        (17) This State has a compelling and substantial
15    interest in building a pipeline for behavioral health
16    professionals and to anchor research and education for
17    behavioral health workforce development. Beginning with
18    the proposed Behavioral Health Workforce Education Center
19    of Illinois, Illinois has the chance to develop a
20    blueprint to be a national leader in behavioral health
21    workforce development.
22        (18) The State must act now to improve the ability of
23    its residents to achieve their human potential and to live
24    healthy, productive lives by reducing the misery and
25    suffering with unmet behavioral health needs.
 

 

 

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1    Section 65-10. Behavioral Health Workforce Education
2Center of Illinois.
3    (a) The Behavioral Health Workforce Education Center of
4Illinois is created and shall be administered by a teaching,
5research, or both teaching and research public institution of
6higher education in this State. Subject to appropriation, the
7Center shall be operational on or before July 1, 2022.
8    (b) The Behavioral Health Workforce Education Center of
9Illinois shall leverage workforce and behavioral health
10resources, including, but not limited to, State, federal, and
11foundation grant funding, federal Workforce Investment Act of
121998 programs, the National Health Service Corps and other
13nongraduate medical education physician workforce training
14programs, and existing behavioral health partnerships, and
15align with reforms in Illinois.
 
16    Section 65-15. Structure.
17    (a) The Behavioral Health Workforce Education Center of
18Illinois shall be structured as a multisite model, and the
19administering public institution of higher education shall
20serve as the hub institution, complemented by secondary
21regional hubs, namely academic institutions, that serve rural
22and small urban areas and at least one academic institution
23serving a densely urban municipality with more than 1,000,000
24inhabitants.
25    (b) The Behavioral Health Workforce Education Center of

 

 

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1Illinois shall be located within one academic institution and
2shall be tasked with a convening and coordinating role for
3workforce research and planning, including monitoring progress
4toward Center goals.
5    (c) The Behavioral Health Workforce Education Center of
6Illinois shall also coordinate with key State agencies
7involved in behavioral health, workforce development, and
8higher education in order to leverage disparate resources from
9health care, workforce, and economic development programs in
10Illinois government.
 
11    Section 65-20. Duties. The Behavioral Health Workforce
12Education Center of Illinois shall perform the following
13duties:
14        (1) Organize a consortium of universities in
15    partnerships with providers, school districts, law
16    enforcement, consumers and their families, State agencies,
17    and other stakeholders to implement workforce development
18    concepts and strategies in every region of this State.
19        (2) Be responsible for developing and implementing a
20    strategic plan for the recruitment, education, and
21    retention of a qualified, diverse, and evolving behavioral
22    health workforce in this State. Its planning and
23    activities shall include:
24            (A) convening and organizing vested stakeholders
25        spanning government agencies, clinics, behavioral

 

 

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1        health facilities, prevention programs, hospitals,
2        schools, jails, prisons and juvenile justice, police
3        and emergency medical services, consumers and their
4        families, and other stakeholders;
5            (B) collecting and analyzing data on the
6        behavioral health workforce in Illinois, with detailed
7        information on specialties, credentials, additional
8        qualifications (such as training or experience in
9        particular models of care), location of practice, and
10        demographic characteristics, including age, gender,
11        race and ethnicity, and languages spoken;
12            (C) building partnerships with school districts,
13        public institutions of higher education, and workforce
14        investment agencies to create pipelines to behavioral
15        health careers from high schools and colleges,
16        pathways to behavioral health specialization among
17        health professional students, and expanded behavioral
18        health residency and internship opportunities for
19        graduates;
20            (D) evaluating and disseminating information about
21        evidence-based practices emerging from research
22        regarding promising modalities of treatment, care
23        coordination models, and medications;
24            (E) developing systems for tracking the
25        utilization of evidence-based practices that most
26        effectively meet behavioral health needs; and

 

 

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1            (F) providing technical assistance to support
2        professional training and continuing education
3        programs that provide effective training in
4        evidence-based behavioral health practices.
5        (3) Coordinate data collection and analysis, including
6    systematic tracking of the behavioral health workforce and
7    datasets that support workforce planning for an
8    accessible, high-quality behavioral health system. In the
9    medium to long-term, the Center shall develop Illinois
10    behavioral workforce data capacity by:
11            (A) filling gaps in workforce data by collecting
12        information on specialty, training, and qualifications
13        for specific models of care, demographic
14        characteristics, including gender, race, ethnicity,
15        and languages spoken, and participation in public and
16        private insurance networks;
17            (B) identifying the highest priority geographies,
18        populations, and occupations for recruitment and
19        training;
20            (C) monitoring the incidence of behavioral health
21        conditions to improve estimates of unmet need; and
22            (D) compiling up-to-date, evidence-based
23        practices, monitoring utilization, and aligning
24        training resources to improve the uptake of the most
25        effective practices.
26        (4) Work to grow and advance peer and parent-peer

 

 

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1    workforce development by:
2            (A) assessing the credentialing and reimbursement
3        processes and recommending reforms;
4            (B) evaluating available peer-parent training
5        models, choosing a model that meets Illinois' needs,
6        and working with partners to implement it universally
7        in child-serving programs throughout this State; and
8            (C) including peer recovery specialists and
9        parent-peer support professionals in interdisciplinary
10        training programs.
11        (5) Focus on the training of behavioral health
12    professionals in telehealth techniques, including taking
13    advantage of a telehealth network that exists, and other
14    innovative means of care delivery in order to increase
15    access to behavioral health services for all persons
16    within this State.
17        (6) No later than December 1 of every odd-numbered
18    year, prepare a report of its activities under this Act.
19    The report shall be filed electronically with the General
20    Assembly, as provided under Section 3.1 of the General
21    Assembly Organization Act, and shall be provided
22    electronically to any member of the General Assembly upon
23    request.
 
24    Section 65-25. Selection process.
25    (a) No later than 90 days after the effective date of this

 

 

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1Act, the Board of Higher Education shall select a public
2institution of higher education, with input and assistance
3from the Division of Mental Health of the Department of Human
4Services, to administer the Behavioral Health Workforce
5Education Center of Illinois.
6    (b) The selection process shall articulate the principles
7of the Behavioral Health Workforce Education Center of
8Illinois, not inconsistent with this Act.
9    (c) The Board of Higher Education, with input and
10assistance from the Division of Mental Health of the
11Department of Human Services, shall make its selection of a
12public institution of higher education based on its ability
13and willingness to execute the following tasks:
14        (1) Convening academic institutions providing
15    behavioral health education to:
16            (A) develop curricula to train future behavioral
17        health professionals in evidence-based practices that
18        meet the most urgent needs of Illinois' residents;
19            (B) build capacity to provide clinical training
20        and supervision; and
21            (C) facilitate telehealth services to every region
22        of the State.
23        (2) Functioning as a clearinghouse for research,
24    education, and training efforts to identify and
25    disseminate evidence-based practices across the State.
26        (3) Leveraging financial support from grants and

 

 

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1    social impact loan funds.
2        (4) Providing infrastructure to organize regional
3    behavioral health education and outreach. As budgets
4    allow, this shall include conference and training space,
5    research and faculty staff time, telehealth, and distance
6    learning equipment.
7        (5) Working with regional hubs that assess and serve
8    the workforce needs of specific, well-defined regions and
9    specialize in specific research and training areas, such
10    as telehealth or mental health-criminal justice
11    partnerships, for which the regional hub can serve as a
12    statewide leader.
13    (d) The Board of Higher Education may adopt such rules as
14may be necessary to implement and administer this Section.
 
15
Title VI. Access to Health Care

 
16
Article 70.

 
17    Section 70-5. The Use Tax Act is amended by changing
18Section 3-10 as follows:
 
19    (35 ILCS 105/3-10)
20    Sec. 3-10. Rate of tax. Unless otherwise provided in this
21Section, the tax imposed by this Act is at the rate of 6.25% of
22either the selling price or the fair market value, if any, of

 

 

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1the tangible personal property. In all cases where property
2functionally used or consumed is the same as the property that
3was purchased at retail, then the tax is imposed on the selling
4price of the property. In all cases where property
5functionally used or consumed is a by-product or waste product
6that has been refined, manufactured, or produced from property
7purchased at retail, then the tax is imposed on the lower of
8the fair market value, if any, of the specific property so used
9in this State or on the selling price of the property purchased
10at retail. For purposes of this Section "fair market value"
11means the price at which property would change hands between a
12willing buyer and a willing seller, neither being under any
13compulsion to buy or sell and both having reasonable knowledge
14of the relevant facts. The fair market value shall be
15established by Illinois sales by the taxpayer of the same
16property as that functionally used or consumed, or if there
17are no such sales by the taxpayer, then comparable sales or
18purchases of property of like kind and character in Illinois.
19    Beginning on July 1, 2000 and through December 31, 2000,
20with respect to motor fuel, as defined in Section 1.1 of the
21Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
22the Use Tax Act, the tax is imposed at the rate of 1.25%.
23    Beginning on August 6, 2010 through August 15, 2010, with
24respect to sales tax holiday items as defined in Section 3-6 of
25this Act, the tax is imposed at the rate of 1.25%.
26    With respect to gasohol, the tax imposed by this Act

 

 

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1applies to (i) 70% of the proceeds of sales made on or after
2January 1, 1990, and before July 1, 2003, (ii) 80% of the
3proceeds of sales made on or after July 1, 2003 and on or
4before July 1, 2017, and (iii) 100% of the proceeds of sales
5made thereafter. If, at any time, however, the tax under this
6Act on sales of gasohol is imposed at the rate of 1.25%, then
7the tax imposed by this Act applies to 100% of the proceeds of
8sales of gasohol made during that time.
9    With respect to majority blended ethanol fuel, the tax
10imposed by this Act does not apply to the proceeds of sales
11made on or after July 1, 2003 and on or before December 31,
122023 but applies to 100% of the proceeds of sales made
13thereafter.
14    With respect to biodiesel blends with no less than 1% and
15no more than 10% biodiesel, the tax imposed by this Act applies
16to (i) 80% of the proceeds of sales made on or after July 1,
172003 and on or before December 31, 2018 and (ii) 100% of the
18proceeds of sales made thereafter. If, at any time, however,
19the tax under this Act on sales of biodiesel blends with no
20less than 1% and no more than 10% biodiesel is imposed at the
21rate of 1.25%, then the tax imposed by this Act applies to 100%
22of the proceeds of sales of biodiesel blends with no less than
231% and no more than 10% biodiesel made during that time.
24    With respect to 100% biodiesel and biodiesel blends with
25more than 10% but no more than 99% biodiesel, the tax imposed
26by this Act does not apply to the proceeds of sales made on or

 

 

HB0158- 85 -LRB102 10244 CPF 15570 b

1after July 1, 2003 and on or before December 31, 2023 but
2applies to 100% of the proceeds of sales made thereafter.
3    With respect to food for human consumption that is to be
4consumed off the premises where it is sold (other than
5alcoholic beverages, food consisting of or infused with adult
6use cannabis, soft drinks, and food that has been prepared for
7immediate consumption) and prescription and nonprescription
8medicines, drugs, medical appliances, products classified as
9Class III medical devices by the United States Food and Drug
10Administration that are used for cancer treatment pursuant to
11a prescription, as well as any accessories and components
12related to those devices, modifications to a motor vehicle for
13the purpose of rendering it usable by a person with a
14disability, and insulin, blood sugar urine testing materials,
15syringes, and needles used by human diabetics, for human use,
16the tax is imposed at the rate of 1%. For the purposes of this
17Section, until September 1, 2009: the term "soft drinks" means
18any complete, finished, ready-to-use, non-alcoholic drink,
19whether carbonated or not, including but not limited to soda
20water, cola, fruit juice, vegetable juice, carbonated water,
21and all other preparations commonly known as soft drinks of
22whatever kind or description that are contained in any closed
23or sealed bottle, can, carton, or container, regardless of
24size; but "soft drinks" does not include coffee, tea,
25non-carbonated water, infant formula, milk or milk products as
26defined in the Grade A Pasteurized Milk and Milk Products Act,

 

 

HB0158- 86 -LRB102 10244 CPF 15570 b

1or drinks containing 50% or more natural fruit or vegetable
2juice.
3    Notwithstanding any other provisions of this Act,
4beginning September 1, 2009, "soft drinks" means non-alcoholic
5beverages that contain natural or artificial sweeteners. "Soft
6drinks" do not include beverages that contain milk or milk
7products, soy, rice or similar milk substitutes, or greater
8than 50% of vegetable or fruit juice by volume.
9    Until August 1, 2009, and notwithstanding any other
10provisions of this Act, "food for human consumption that is to
11be consumed off the premises where it is sold" includes all
12food sold through a vending machine, except soft drinks and
13food products that are dispensed hot from a vending machine,
14regardless of the location of the vending machine. Beginning
15August 1, 2009, and notwithstanding any other provisions of
16this Act, "food for human consumption that is to be consumed
17off the premises where it is sold" includes all food sold
18through a vending machine, except soft drinks, candy, and food
19products that are dispensed hot from a vending machine,
20regardless of the location of the vending machine.
21    Notwithstanding any other provisions of this Act,
22beginning September 1, 2009, "food for human consumption that
23is to be consumed off the premises where it is sold" does not
24include candy. For purposes of this Section, "candy" means a
25preparation of sugar, honey, or other natural or artificial
26sweeteners in combination with chocolate, fruits, nuts or

 

 

HB0158- 87 -LRB102 10244 CPF 15570 b

1other ingredients or flavorings in the form of bars, drops, or
2pieces. "Candy" does not include any preparation that contains
3flour or requires refrigeration.
4    Notwithstanding any other provisions of this Act,
5beginning September 1, 2009, "nonprescription medicines and
6drugs" does not include grooming and hygiene products. For
7purposes of this Section, "grooming and hygiene products"
8includes, but is not limited to, soaps and cleaning solutions,
9shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
10lotions and screens, unless those products are available by
11prescription only, regardless of whether the products meet the
12definition of "over-the-counter-drugs". For the purposes of
13this paragraph, "over-the-counter-drug" means a drug for human
14use that contains a label that identifies the product as a drug
15as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
16label includes:
17        (A) A "Drug Facts" panel; or
18        (B) A statement of the "active ingredient(s)" with a
19    list of those ingredients contained in the compound,
20    substance or preparation.
21    Beginning on the effective date of this amendatory Act of
22the 98th General Assembly, "prescription and nonprescription
23medicines and drugs" includes medical cannabis purchased from
24a registered dispensing organization under the Compassionate
25Use of Medical Cannabis Program Act.
26    As used in this Section, "adult use cannabis" means

 

 

HB0158- 88 -LRB102 10244 CPF 15570 b

1cannabis subject to tax under the Cannabis Cultivation
2Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
3and does not include cannabis subject to tax under the
4Compassionate Use of Medical Cannabis Program Act.
5    If the property that is purchased at retail from a
6retailer is acquired outside Illinois and used outside
7Illinois before being brought to Illinois for use here and is
8taxable under this Act, the "selling price" on which the tax is
9computed shall be reduced by an amount that represents a
10reasonable allowance for depreciation for the period of prior
11out-of-state use.
12(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
13101-593, eff. 12-4-19.)
 
14    Section 70-10. The Service Use Tax Act is amended by
15changing Section 3-10 as follows:
 
16    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
17    Sec. 3-10. Rate of tax. Unless otherwise provided in this
18Section, the tax imposed by this Act is at the rate of 6.25% of
19the selling price of tangible personal property transferred as
20an incident to the sale of service, but, for the purpose of
21computing this tax, in no event shall the selling price be less
22than the cost price of the property to the serviceman.
23    Beginning on July 1, 2000 and through December 31, 2000,
24with respect to motor fuel, as defined in Section 1.1 of the

 

 

HB0158- 89 -LRB102 10244 CPF 15570 b

1Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
2the Use Tax Act, the tax is imposed at the rate of 1.25%.
3    With respect to gasohol, as defined in the Use Tax Act, the
4tax imposed by this Act applies to (i) 70% of the selling price
5of property transferred as an incident to the sale of service
6on or after January 1, 1990, and before July 1, 2003, (ii) 80%
7of the selling price of property transferred as an incident to
8the sale of service on or after July 1, 2003 and on or before
9July 1, 2017, and (iii) 100% of the selling price thereafter.
10If, at any time, however, the tax under this Act on sales of
11gasohol, as defined in the Use Tax Act, is imposed at the rate
12of 1.25%, then the tax imposed by this Act applies to 100% of
13the proceeds of sales of gasohol made during that time.
14    With respect to majority blended ethanol fuel, as defined
15in the Use Tax Act, the tax imposed by this Act does not apply
16to the selling price of property transferred as an incident to
17the sale of service on or after July 1, 2003 and on or before
18December 31, 2023 but applies to 100% of the selling price
19thereafter.
20    With respect to biodiesel blends, as defined in the Use
21Tax Act, with no less than 1% and no more than 10% biodiesel,
22the tax imposed by this Act applies to (i) 80% of the selling
23price of property transferred as an incident to the sale of
24service on or after July 1, 2003 and on or before December 31,
252018 and (ii) 100% of the proceeds of the selling price
26thereafter. If, at any time, however, the tax under this Act on

 

 

HB0158- 90 -LRB102 10244 CPF 15570 b

1sales of biodiesel blends, as defined in the Use Tax Act, with
2no less than 1% and no more than 10% biodiesel is imposed at
3the rate of 1.25%, then the tax imposed by this Act applies to
4100% of the proceeds of sales of biodiesel blends with no less
5than 1% and no more than 10% biodiesel made during that time.
6    With respect to 100% biodiesel, as defined in the Use Tax
7Act, and biodiesel blends, as defined in the Use Tax Act, with
8more than 10% but no more than 99% biodiesel, the tax imposed
9by this Act does not apply to the proceeds of the selling price
10of property transferred as an incident to the sale of service
11on or after July 1, 2003 and on or before December 31, 2023 but
12applies to 100% of the selling price thereafter.
13    At the election of any registered serviceman made for each
14fiscal year, sales of service in which the aggregate annual
15cost price of tangible personal property transferred as an
16incident to the sales of service is less than 35%, or 75% in
17the case of servicemen transferring prescription drugs or
18servicemen engaged in graphic arts production, of the
19aggregate annual total gross receipts from all sales of
20service, the tax imposed by this Act shall be based on the
21serviceman's cost price of the tangible personal property
22transferred as an incident to the sale of those services.
23    The tax shall be imposed at the rate of 1% on food prepared
24for immediate consumption and transferred incident to a sale
25of service subject to this Act or the Service Occupation Tax
26Act by an entity licensed under the Hospital Licensing Act,

 

 

HB0158- 91 -LRB102 10244 CPF 15570 b

1the Nursing Home Care Act, the ID/DD Community Care Act, the
2MC/DD Act, the Specialized Mental Health Rehabilitation Act of
32013, or the Child Care Act of 1969. The tax shall also be
4imposed at the rate of 1% on food for human consumption that is
5to be consumed off the premises where it is sold (other than
6alcoholic beverages, food consisting of or infused with adult
7use cannabis, soft drinks, and food that has been prepared for
8immediate consumption and is not otherwise included in this
9paragraph) and prescription and nonprescription medicines,
10drugs, medical appliances, products classified as Class III
11medical devices by the United States Food and Drug
12Administration that are used for cancer treatment pursuant to
13a prescription, as well as any accessories and components
14related to those devices, modifications to a motor vehicle for
15the purpose of rendering it usable by a person with a
16disability, and insulin, blood sugar urine testing materials,
17syringes, and needles used by human diabetics, for human use.
18For the purposes of this Section, until September 1, 2009: the
19term "soft drinks" means any complete, finished, ready-to-use,
20non-alcoholic drink, whether carbonated or not, including but
21not limited to soda water, cola, fruit juice, vegetable juice,
22carbonated water, and all other preparations commonly known as
23soft drinks of whatever kind or description that are contained
24in any closed or sealed bottle, can, carton, or container,
25regardless of size; but "soft drinks" does not include coffee,
26tea, non-carbonated water, infant formula, milk or milk

 

 

HB0158- 92 -LRB102 10244 CPF 15570 b

1products as defined in the Grade A Pasteurized Milk and Milk
2Products Act, or drinks containing 50% or more natural fruit
3or vegetable juice.
4    Notwithstanding any other provisions of this Act,
5beginning September 1, 2009, "soft drinks" means non-alcoholic
6beverages that contain natural or artificial sweeteners. "Soft
7drinks" do not include beverages that contain milk or milk
8products, soy, rice or similar milk substitutes, or greater
9than 50% of vegetable or fruit juice by volume.
10    Until August 1, 2009, and notwithstanding any other
11provisions of this Act, "food for human consumption that is to
12be consumed off the premises where it is sold" includes all
13food sold through a vending machine, except soft drinks and
14food products that are dispensed hot from a vending machine,
15regardless of the location of the vending machine. Beginning
16August 1, 2009, and notwithstanding any other provisions of
17this Act, "food for human consumption that is to be consumed
18off the premises where it is sold" includes all food sold
19through a vending machine, except soft drinks, candy, and food
20products that are dispensed hot from a vending machine,
21regardless of the location of the vending machine.
22    Notwithstanding any other provisions of this Act,
23beginning September 1, 2009, "food for human consumption that
24is to be consumed off the premises where it is sold" does not
25include candy. For purposes of this Section, "candy" means a
26preparation of sugar, honey, or other natural or artificial

 

 

HB0158- 93 -LRB102 10244 CPF 15570 b

1sweeteners in combination with chocolate, fruits, nuts or
2other ingredients or flavorings in the form of bars, drops, or
3pieces. "Candy" does not include any preparation that contains
4flour or requires refrigeration.
5    Notwithstanding any other provisions of this Act,
6beginning September 1, 2009, "nonprescription medicines and
7drugs" does not include grooming and hygiene products. For
8purposes of this Section, "grooming and hygiene products"
9includes, but is not limited to, soaps and cleaning solutions,
10shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
11lotions and screens, unless those products are available by
12prescription only, regardless of whether the products meet the
13definition of "over-the-counter-drugs". For the purposes of
14this paragraph, "over-the-counter-drug" means a drug for human
15use that contains a label that identifies the product as a drug
16as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
17label includes:
18        (A) A "Drug Facts" panel; or
19        (B) A statement of the "active ingredient(s)" with a
20    list of those ingredients contained in the compound,
21    substance or preparation.
22    Beginning on January 1, 2014 (the effective date of Public
23Act 98-122), "prescription and nonprescription medicines and
24drugs" includes medical cannabis purchased from a registered
25dispensing organization under the Compassionate Use of Medical
26Cannabis Program Act.

 

 

HB0158- 94 -LRB102 10244 CPF 15570 b

1    As used in this Section, "adult use cannabis" means
2cannabis subject to tax under the Cannabis Cultivation
3Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
4and does not include cannabis subject to tax under the
5Compassionate Use of Medical Cannabis Program Act.
6    If the property that is acquired from a serviceman is
7acquired outside Illinois and used outside Illinois before
8being brought to Illinois for use here and is taxable under
9this Act, the "selling price" on which the tax is computed
10shall be reduced by an amount that represents a reasonable
11allowance for depreciation for the period of prior
12out-of-state use.
13(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
14101-593, eff. 12-4-19.)
 
15    Section 70-15. The Service Occupation Tax Act is amended
16by changing Section 3-10 as follows:
 
17    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
18    Sec. 3-10. Rate of tax. Unless otherwise provided in this
19Section, the tax imposed by this Act is at the rate of 6.25% of
20the "selling price", as defined in Section 2 of the Service Use
21Tax Act, of the tangible personal property. For the purpose of
22computing this tax, in no event shall the "selling price" be
23less than the cost price to the serviceman of the tangible
24personal property transferred. The selling price of each item

 

 

HB0158- 95 -LRB102 10244 CPF 15570 b

1of tangible personal property transferred as an incident of a
2sale of service may be shown as a distinct and separate item on
3the serviceman's billing to the service customer. If the
4selling price is not so shown, the selling price of the
5tangible personal property is deemed to be 50% of the
6serviceman's entire billing to the service customer. When,
7however, a serviceman contracts to design, develop, and
8produce special order machinery or equipment, the tax imposed
9by this Act shall be based on the serviceman's cost price of
10the tangible personal property transferred incident to the
11completion of the contract.
12    Beginning on July 1, 2000 and through December 31, 2000,
13with respect to motor fuel, as defined in Section 1.1 of the
14Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
15the Use Tax Act, the tax is imposed at the rate of 1.25%.
16    With respect to gasohol, as defined in the Use Tax Act, the
17tax imposed by this Act shall apply to (i) 70% of the cost
18price of property transferred as an incident to the sale of
19service on or after January 1, 1990, and before July 1, 2003,
20(ii) 80% of the selling price of property transferred as an
21incident to the sale of service on or after July 1, 2003 and on
22or before July 1, 2017, and (iii) 100% of the cost price
23thereafter. If, at any time, however, the tax under this Act on
24sales of gasohol, as defined in the Use Tax Act, is imposed at
25the rate of 1.25%, then the tax imposed by this Act applies to
26100% of the proceeds of sales of gasohol made during that time.

 

 

HB0158- 96 -LRB102 10244 CPF 15570 b

1    With respect to majority blended ethanol fuel, as defined
2in the Use Tax Act, the tax imposed by this Act does not apply
3to the selling price of property transferred as an incident to
4the sale of service on or after July 1, 2003 and on or before
5December 31, 2023 but applies to 100% of the selling price
6thereafter.
7    With respect to biodiesel blends, as defined in the Use
8Tax Act, with no less than 1% and no more than 10% biodiesel,
9the tax imposed by this Act applies to (i) 80% of the selling
10price of property transferred as an incident to the sale of
11service on or after July 1, 2003 and on or before December 31,
122018 and (ii) 100% of the proceeds of the selling price
13thereafter. If, at any time, however, the tax under this Act on
14sales of biodiesel blends, as defined in the Use Tax Act, with
15no less than 1% and no more than 10% biodiesel is imposed at
16the rate of 1.25%, then the tax imposed by this Act applies to
17100% of the proceeds of sales of biodiesel blends with no less
18than 1% and no more than 10% biodiesel made during that time.
19    With respect to 100% biodiesel, as defined in the Use Tax
20Act, and biodiesel blends, as defined in the Use Tax Act, with
21more than 10% but no more than 99% biodiesel material, the tax
22imposed by this Act does not apply to the proceeds of the
23selling price of property transferred as an incident to the
24sale of service on or after July 1, 2003 and on or before
25December 31, 2023 but applies to 100% of the selling price
26thereafter.

 

 

HB0158- 97 -LRB102 10244 CPF 15570 b

1    At the election of any registered serviceman made for each
2fiscal year, sales of service in which the aggregate annual
3cost price of tangible personal property transferred as an
4incident to the sales of service is less than 35%, or 75% in
5the case of servicemen transferring prescription drugs or
6servicemen engaged in graphic arts production, of the
7aggregate annual total gross receipts from all sales of
8service, the tax imposed by this Act shall be based on the
9serviceman's cost price of the tangible personal property
10transferred incident to the sale of those services.
11    The tax shall be imposed at the rate of 1% on food prepared
12for immediate consumption and transferred incident to a sale
13of service subject to this Act or the Service Occupation Tax
14Act by an entity licensed under the Hospital Licensing Act,
15the Nursing Home Care Act, the ID/DD Community Care Act, the
16MC/DD Act, the Specialized Mental Health Rehabilitation Act of
172013, or the Child Care Act of 1969. The tax shall also be
18imposed at the rate of 1% on food for human consumption that is
19to be consumed off the premises where it is sold (other than
20alcoholic beverages, food consisting of or infused with adult
21use cannabis, soft drinks, and food that has been prepared for
22immediate consumption and is not otherwise included in this
23paragraph) and prescription and nonprescription medicines,
24drugs, medical appliances, products classified as Class III
25medical devices by the United States Food and Drug
26Administration that are used for cancer treatment pursuant to

 

 

HB0158- 98 -LRB102 10244 CPF 15570 b

1a prescription, as well as any accessories and components
2related to those devices, modifications to a motor vehicle for
3the purpose of rendering it usable by a person with a
4disability, and insulin, blood sugar urine testing materials,
5syringes, and needles used by human diabetics, for human use.
6For the purposes of this Section, until September 1, 2009: the
7term "soft drinks" means any complete, finished, ready-to-use,
8non-alcoholic drink, whether carbonated or not, including but
9not limited to soda water, cola, fruit juice, vegetable juice,
10carbonated water, and all other preparations commonly known as
11soft drinks of whatever kind or description that are contained
12in any closed or sealed can, carton, or container, regardless
13of size; but "soft drinks" does not include coffee, tea,
14non-carbonated water, infant formula, milk or milk products as
15defined in the Grade A Pasteurized Milk and Milk Products Act,
16or drinks containing 50% or more natural fruit or vegetable
17juice.
18    Notwithstanding any other provisions of this Act,
19beginning September 1, 2009, "soft drinks" means non-alcoholic
20beverages that contain natural or artificial sweeteners. "Soft
21drinks" do not include beverages that contain milk or milk
22products, soy, rice or similar milk substitutes, or greater
23than 50% of vegetable or fruit juice by volume.
24    Until August 1, 2009, and notwithstanding any other
25provisions of this Act, "food for human consumption that is to
26be consumed off the premises where it is sold" includes all

 

 

HB0158- 99 -LRB102 10244 CPF 15570 b

1food sold through a vending machine, except soft drinks and
2food products that are dispensed hot from a vending machine,
3regardless of the location of the vending machine. Beginning
4August 1, 2009, and notwithstanding any other provisions of
5this Act, "food for human consumption that is to be consumed
6off the premises where it is sold" includes all food sold
7through a vending machine, except soft drinks, candy, and food
8products that are dispensed hot from a vending machine,
9regardless of the location of the vending machine.
10    Notwithstanding any other provisions of this Act,
11beginning September 1, 2009, "food for human consumption that
12is to be consumed off the premises where it is sold" does not
13include candy. For purposes of this Section, "candy" means a
14preparation of sugar, honey, or other natural or artificial
15sweeteners in combination with chocolate, fruits, nuts or
16other ingredients or flavorings in the form of bars, drops, or
17pieces. "Candy" does not include any preparation that contains
18flour or requires refrigeration.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "nonprescription medicines and
21drugs" does not include grooming and hygiene products. For
22purposes of this Section, "grooming and hygiene products"
23includes, but is not limited to, soaps and cleaning solutions,
24shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
25lotions and screens, unless those products are available by
26prescription only, regardless of whether the products meet the

 

 

HB0158- 100 -LRB102 10244 CPF 15570 b

1definition of "over-the-counter-drugs". For the purposes of
2this paragraph, "over-the-counter-drug" means a drug for human
3use that contains a label that identifies the product as a drug
4as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
5label includes:
6        (A) A "Drug Facts" panel; or
7        (B) A statement of the "active ingredient(s)" with a
8    list of those ingredients contained in the compound,
9    substance or preparation.
10    Beginning on January 1, 2014 (the effective date of Public
11Act 98-122), "prescription and nonprescription medicines and
12drugs" includes medical cannabis purchased from a registered
13dispensing organization under the Compassionate Use of Medical
14Cannabis Program Act.
15    As used in this Section, "adult use cannabis" means
16cannabis subject to tax under the Cannabis Cultivation
17Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
18and does not include cannabis subject to tax under the
19Compassionate Use of Medical Cannabis Program Act.
20(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
21101-593, eff. 12-4-19.)
 
22    Section 70-20. The Retailers' Occupation Tax Act is
23amended by changing Section 2-10 as follows:
 
24    (35 ILCS 120/2-10)

 

 

HB0158- 101 -LRB102 10244 CPF 15570 b

1    Sec. 2-10. Rate of tax. Unless otherwise provided in this
2Section, the tax imposed by this Act is at the rate of 6.25% of
3gross receipts from sales of tangible personal property made
4in the course of business.
5    Beginning on July 1, 2000 and through December 31, 2000,
6with respect to motor fuel, as defined in Section 1.1 of the
7Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
8the Use Tax Act, the tax is imposed at the rate of 1.25%.
9    Beginning on August 6, 2010 through August 15, 2010, with
10respect to sales tax holiday items as defined in Section 2-8 of
11this Act, the tax is imposed at the rate of 1.25%.
12    Within 14 days after the effective date of this amendatory
13Act of the 91st General Assembly, each retailer of motor fuel
14and gasohol shall cause the following notice to be posted in a
15prominently visible place on each retail dispensing device
16that is used to dispense motor fuel or gasohol in the State of
17Illinois: "As of July 1, 2000, the State of Illinois has
18eliminated the State's share of sales tax on motor fuel and
19gasohol through December 31, 2000. The price on this pump
20should reflect the elimination of the tax." The notice shall
21be printed in bold print on a sign that is no smaller than 4
22inches by 8 inches. The sign shall be clearly visible to
23customers. Any retailer who fails to post or maintain a
24required sign through December 31, 2000 is guilty of a petty
25offense for which the fine shall be $500 per day per each
26retail premises where a violation occurs.

 

 

HB0158- 102 -LRB102 10244 CPF 15570 b

1    With respect to gasohol, as defined in the Use Tax Act, the
2tax imposed by this Act applies to (i) 70% of the proceeds of
3sales made on or after January 1, 1990, and before July 1,
42003, (ii) 80% of the proceeds of sales made on or after July
51, 2003 and on or before July 1, 2017, and (iii) 100% of the
6proceeds of sales made thereafter. If, at any time, however,
7the tax under this Act on sales of gasohol, as defined in the
8Use Tax Act, is imposed at the rate of 1.25%, then the tax
9imposed by this Act applies to 100% of the proceeds of sales of
10gasohol made during that time.
11    With respect to majority blended ethanol fuel, as defined
12in the Use Tax Act, the tax imposed by this Act does not apply
13to the proceeds of sales made on or after July 1, 2003 and on
14or before December 31, 2023 but applies to 100% of the proceeds
15of sales made thereafter.
16    With respect to biodiesel blends, as defined in the Use
17Tax Act, with no less than 1% and no more than 10% biodiesel,
18the tax imposed by this Act applies to (i) 80% of the proceeds
19of sales made on or after July 1, 2003 and on or before
20December 31, 2018 and (ii) 100% of the proceeds of sales made
21thereafter. If, at any time, however, the tax under this Act on
22sales of biodiesel blends, as defined in the Use Tax Act, with
23no less than 1% and no more than 10% biodiesel is imposed at
24the rate of 1.25%, then the tax imposed by this Act applies to
25100% of the proceeds of sales of biodiesel blends with no less
26than 1% and no more than 10% biodiesel made during that time.

 

 

HB0158- 103 -LRB102 10244 CPF 15570 b

1    With respect to 100% biodiesel, as defined in the Use Tax
2Act, and biodiesel blends, as defined in the Use Tax Act, with
3more than 10% but no more than 99% biodiesel, the tax imposed
4by this Act does not apply to the proceeds of sales made on or
5after July 1, 2003 and on or before December 31, 2023 but
6applies to 100% of the proceeds of sales made thereafter.
7    With respect to food for human consumption that is to be
8consumed off the premises where it is sold (other than
9alcoholic beverages, food consisting of or infused with adult
10use cannabis, soft drinks, and food that has been prepared for
11immediate consumption) and prescription and nonprescription
12medicines, drugs, medical appliances, products classified as
13Class III medical devices by the United States Food and Drug
14Administration that are used for cancer treatment pursuant to
15a prescription, as well as any accessories and components
16related to those devices, modifications to a motor vehicle for
17the purpose of rendering it usable by a person with a
18disability, and insulin, blood sugar urine testing materials,
19syringes, and needles used by human diabetics, for human use,
20the tax is imposed at the rate of 1%. For the purposes of this
21Section, until September 1, 2009: the term "soft drinks" means
22any complete, finished, ready-to-use, non-alcoholic drink,
23whether carbonated or not, including but not limited to soda
24water, cola, fruit juice, vegetable juice, carbonated water,
25and all other preparations commonly known as soft drinks of
26whatever kind or description that are contained in any closed

 

 

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1or sealed bottle, can, carton, or container, regardless of
2size; but "soft drinks" does not include coffee, tea,
3non-carbonated water, infant formula, milk or milk products as
4defined in the Grade A Pasteurized Milk and Milk Products Act,
5or drinks containing 50% or more natural fruit or vegetable
6juice.
7    Notwithstanding any other provisions of this Act,
8beginning September 1, 2009, "soft drinks" means non-alcoholic
9beverages that contain natural or artificial sweeteners. "Soft
10drinks" do not include beverages that contain milk or milk
11products, soy, rice or similar milk substitutes, or greater
12than 50% of vegetable or fruit juice by volume.
13    Until August 1, 2009, and notwithstanding any other
14provisions of this Act, "food for human consumption that is to
15be consumed off the premises where it is sold" includes all
16food sold through a vending machine, except soft drinks and
17food products that are dispensed hot from a vending machine,
18regardless of the location of the vending machine. Beginning
19August 1, 2009, and notwithstanding any other provisions of
20this Act, "food for human consumption that is to be consumed
21off the premises where it is sold" includes all food sold
22through a vending machine, except soft drinks, candy, and food
23products that are dispensed hot from a vending machine,
24regardless of the location of the vending machine.
25    Notwithstanding any other provisions of this Act,
26beginning September 1, 2009, "food for human consumption that

 

 

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1is to be consumed off the premises where it is sold" does not
2include candy. For purposes of this Section, "candy" means a
3preparation of sugar, honey, or other natural or artificial
4sweeteners in combination with chocolate, fruits, nuts or
5other ingredients or flavorings in the form of bars, drops, or
6pieces. "Candy" does not include any preparation that contains
7flour or requires refrigeration.
8    Notwithstanding any other provisions of this Act,
9beginning September 1, 2009, "nonprescription medicines and
10drugs" does not include grooming and hygiene products. For
11purposes of this Section, "grooming and hygiene products"
12includes, but is not limited to, soaps and cleaning solutions,
13shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
14lotions and screens, unless those products are available by
15prescription only, regardless of whether the products meet the
16definition of "over-the-counter-drugs". For the purposes of
17this paragraph, "over-the-counter-drug" means a drug for human
18use that contains a label that identifies the product as a drug
19as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
20label includes:
21        (A) A "Drug Facts" panel; or
22        (B) A statement of the "active ingredient(s)" with a
23    list of those ingredients contained in the compound,
24    substance or preparation.
25    Beginning on the effective date of this amendatory Act of
26the 98th General Assembly, "prescription and nonprescription

 

 

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1medicines and drugs" includes medical cannabis purchased from
2a registered dispensing organization under the Compassionate
3Use of Medical Cannabis Program Act.
4    As used in this Section, "adult use cannabis" means
5cannabis subject to tax under the Cannabis Cultivation
6Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
7and does not include cannabis subject to tax under the
8Compassionate Use of Medical Cannabis Program Act.
9(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
10101-593, eff. 12-4-19.)
 
11
Article 72.

 
12    Section 72-1. Short title. This Article may be cited as
13the Underlying Causes of Crime and Violence Study Act.
 
14    Section 72-5. Legislative findings. In the State of
15Illinois, two-thirds of gun violence is related to suicide,
16and one-third is related to homicide, claiming approximately
1712,000 lives a year. Violence has plagued communities,
18predominantly poor and distressed communities in urban
19settings, which have always treated violence as a criminal
20justice issue, instead of a public health issue. On February
2121, 2018, Pastor Anthony Williams was informed that his son,
22Nehemiah William, had been shot to death. Due to this
23disheartening event, Pastor Anthony Williams reached out to

 

 

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1State Representative Elizabeth "Lisa" Hernandez, urging that
2the issue of violence be treated as a disease. In 2018, elected
3officials from all levels of government started a coalition to
4address violence as a disease, with the assistance of
5faith-based organizations, advocates, and community members
6and held a statewide listening tour from August 2018 to April
72019. The listening tour consisted of stops on the South Side
8and West Side of Chicago, Maywood, Springfield, and East St.
9Louis, with a future scheduled visit in Danville. During the
10statewide listening sessions, community members actively
11discussed neighborhood safety, defining violence and how and
12why violence occurs in their communities. The listening
13sessions provided different solutions to address violence,
14however, all sessions confirmed a disconnect from the
15priorities of government and the needs of these communities.
 
16    Section 72-10. Study. The Department of Public Health and
17the Department of Human Services shall study how to create a
18process to identify high violence communities, also known as
19R3 (Restore, Reinvest, and Renew) areas, and prioritize State
20dollars to go to these communities to fund programs as well as
21community and economic development projects that would address
22the underlying causes of crime and violence.
23    Due to a variety of reasons, including in particular the
24State's budget impasse, funds were unavailable to establish
25such a comprehensive policy. Policies like R3 are needed in

 

 

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1order to provide communities that have historically suffered
2from divestment, poverty, and incarceration with smart
3solutions that can solve the plague of violence. It is clear
4that violence is a public health problem that needs to be
5treated as such, a disease. Research has shown that when
6violence is treated in such a way, then its effects can be
7slowed or even halted.
 
8    Section 72-15. Report. The Department of Public Health
9and the Department of Human Services are required to report
10their findings to the General Assembly by December 31, 2021.
 
11
Article 75.

 
12    Section 75-5. The Illinois Public Aid Code is amended by
13changing Section 9A-11 as follows:
 
14    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
15    Sec. 9A-11. Child care.
16    (a) The General Assembly recognizes that families with
17children need child care in order to work. Child care is
18expensive and families with low incomes, including those who
19are transitioning from welfare to work, often struggle to pay
20the costs of day care. The General Assembly understands the
21importance of helping low-income working families become and
22remain self-sufficient. The General Assembly also believes

 

 

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1that it is the responsibility of families to share in the costs
2of child care. It is also the preference of the General
3Assembly that all working poor families should be treated
4equally, regardless of their welfare status.
5    (b) To the extent resources permit, the Illinois
6Department shall provide child care services to parents or
7other relatives as defined by rule who are working or
8participating in employment or Department approved education
9or training programs. At a minimum, the Illinois Department
10shall cover the following categories of families:
11        (1) recipients of TANF under Article IV participating
12    in work and training activities as specified in the
13    personal plan for employment and self-sufficiency;
14        (2) families transitioning from TANF to work;
15        (3) families at risk of becoming recipients of TANF;
16        (4) families with special needs as defined by rule;
17        (5) working families with very low incomes as defined
18    by rule;
19        (6) families that are not recipients of TANF and that
20    need child care assistance to participate in education and
21    training activities; and
22        (7) families with children under the age of 5 who have
23    an open intact family services case with the Department of
24    Children and Family Services. Any family that receives
25    child care assistance in accordance with this paragraph
26    shall remain eligible for child care assistance 6 months

 

 

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1    after the child's intact family services case is closed,
2    regardless of whether the child's parents or other
3    relatives as defined by rule are working or participating
4    in Department approved employment or education or training
5    programs. The Department of Human Services, in
6    consultation with the Department of Children and Family
7    Services, shall adopt rules to protect the privacy of
8    families who are the subject of an open intact family
9    services case when such families enroll in child care
10    services. Additional rules shall be adopted to offer
11    children who have an open intact family services case the
12    opportunity to receive an Early Intervention screening and
13    other services that their families may be eligible for as
14    provided by the Department of Human Services.
15    The Department shall specify by rule the conditions of
16eligibility, the application process, and the types, amounts,
17and duration of services. Eligibility for child care benefits
18and the amount of child care provided may vary based on family
19size, income, and other factors as specified by rule.
20    The Department shall update the Child Care Assistance
21Program Eligibility Calculator posted on its website to
22include a question on whether a family is applying for child
23care assistance for the first time or is applying for a
24redetermination of eligibility.
25    A family's eligibility for child care services shall be
26redetermined no sooner than 12 months following the initial

 

 

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1determination or most recent redetermination. During the
212-month periods, the family shall remain eligible for child
3care services regardless of (i) a change in family income,
4unless family income exceeds 85% of State median income, or
5(ii) a temporary change in the ongoing status of the parents or
6other relatives, as defined by rule, as working or attending a
7job training or educational program.
8    In determining income eligibility for child care benefits,
9the Department annually, at the beginning of each fiscal year,
10shall establish, by rule, one income threshold for each family
11size, in relation to percentage of State median income for a
12family of that size, that makes families with incomes below
13the specified threshold eligible for assistance and families
14with incomes above the specified threshold ineligible for
15assistance. Through and including fiscal year 2007, the
16specified threshold must be no less than 50% of the
17then-current State median income for each family size.
18Beginning in fiscal year 2008, the specified threshold must be
19no less than 185% of the then-current federal poverty level
20for each family size. Notwithstanding any other provision of
21law or administrative rule to the contrary, beginning in
22fiscal year 2019, the specified threshold for working families
23with very low incomes as defined by rule must be no less than
24185% of the then-current federal poverty level for each family
25size.
26    In determining eligibility for assistance, the Department

 

 

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1shall not give preference to any category of recipients or
2give preference to individuals based on their receipt of
3benefits under this Code.
4    Nothing in this Section shall be construed as conferring
5entitlement status to eligible families.
6    The Illinois Department is authorized to lower income
7eligibility ceilings, raise parent co-payments, create waiting
8lists, or take such other actions during a fiscal year as are
9necessary to ensure that child care benefits paid under this
10Article do not exceed the amounts appropriated for those child
11care benefits. These changes may be accomplished by emergency
12rule under Section 5-45 of the Illinois Administrative
13Procedure Act, except that the limitation on the number of
14emergency rules that may be adopted in a 24-month period shall
15not apply.
16    The Illinois Department may contract with other State
17agencies or child care organizations for the administration of
18child care services.
19    (c) Payment shall be made for child care that otherwise
20meets the requirements of this Section and applicable
21standards of State and local law and regulation, including any
22requirements the Illinois Department promulgates by rule in
23addition to the licensure requirements promulgated by the
24Department of Children and Family Services and Fire Prevention
25and Safety requirements promulgated by the Office of the State
26Fire Marshal, and is provided in any of the following:

 

 

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1        (1) a child care center which is licensed or exempt
2    from licensure pursuant to Section 2.09 of the Child Care
3    Act of 1969;
4        (2) a licensed child care home or home exempt from
5    licensing;
6        (3) a licensed group child care home;
7        (4) other types of child care, including child care
8    provided by relatives or persons living in the same home
9    as the child, as determined by the Illinois Department by
10    rule.
11    (c-5) Solely for the purposes of coverage under the
12Illinois Public Labor Relations Act, child and day care home
13providers, including licensed and license exempt,
14participating in the Department's child care assistance
15program shall be considered to be public employees and the
16State of Illinois shall be considered to be their employer as
17of January 1, 2006 (the effective date of Public Act 94-320),
18but not before. The State shall engage in collective
19bargaining with an exclusive representative of child and day
20care home providers participating in the child care assistance
21program concerning their terms and conditions of employment
22that are within the State's control. Nothing in this
23subsection shall be understood to limit the right of families
24receiving services defined in this Section to select child and
25day care home providers or supervise them within the limits of
26this Section. The State shall not be considered to be the

 

 

HB0158- 114 -LRB102 10244 CPF 15570 b

1employer of child and day care home providers for any purposes
2not specifically provided in Public Act 94-320, including, but
3not limited to, purposes of vicarious liability in tort and
4purposes of statutory retirement or health insurance benefits.
5Child and day care home providers shall not be covered by the
6State Employees Group Insurance Act of 1971.
7    In according child and day care home providers and their
8selected representative rights under the Illinois Public Labor
9Relations Act, the State intends that the State action
10exemption to application of federal and State antitrust laws
11be fully available to the extent that their activities are
12authorized by Public Act 94-320.
13    (d) The Illinois Department shall establish, by rule, a
14co-payment scale that provides for cost sharing by families
15that receive child care services, including parents whose only
16income is from assistance under this Code. The co-payment
17shall be based on family income and family size and may be
18based on other factors as appropriate. Co-payments may be
19waived for families whose incomes are at or below the federal
20poverty level.
21    (d-5) The Illinois Department, in consultation with its
22Child Care and Development Advisory Council, shall develop a
23plan to revise the child care assistance program's co-payment
24scale. The plan shall be completed no later than February 1,
252008, and shall include:
26        (1) findings as to the percentage of income that the

 

 

HB0158- 115 -LRB102 10244 CPF 15570 b

1    average American family spends on child care and the
2    relative amounts that low-income families and the average
3    American family spend on other necessities of life;
4        (2) recommendations for revising the child care
5    co-payment scale to assure that families receiving child
6    care services from the Department are paying no more than
7    they can reasonably afford;
8        (3) recommendations for revising the child care
9    co-payment scale to provide at-risk children with complete
10    access to Preschool for All and Head Start; and
11        (4) recommendations for changes in child care program
12    policies that affect the affordability of child care.
13    (e) (Blank).
14    (f) The Illinois Department shall, by rule, set rates to
15be paid for the various types of child care. Child care may be
16provided through one of the following methods:
17        (1) arranging the child care through eligible
18    providers by use of purchase of service contracts or
19    vouchers;
20        (2) arranging with other agencies and community
21    volunteer groups for non-reimbursed child care;
22        (3) (blank); or
23        (4) adopting such other arrangements as the Department
24    determines appropriate.
25    (f-1) Within 30 days after June 4, 2018 (the effective
26date of Public Act 100-587), the Department of Human Services

 

 

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1shall establish rates for child care providers that are no
2less than the rates in effect on January 1, 2018 increased by
34.26%.
4    (f-5) (Blank).
5    (g) Families eligible for assistance under this Section
6shall be given the following options:
7        (1) receiving a child care certificate issued by the
8    Department or a subcontractor of the Department that may
9    be used by the parents as payment for child care and
10    development services only; or
11        (2) if space is available, enrolling the child with a
12    child care provider that has a purchase of service
13    contract with the Department or a subcontractor of the
14    Department for the provision of child care and development
15    services. The Department may identify particular priority
16    populations for whom they may request special
17    consideration by a provider with purchase of service
18    contracts, provided that the providers shall be permitted
19    to maintain a balance of clients in terms of household
20    incomes and families and children with special needs, as
21    defined by rule.
22(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
23100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
248-17-18; 101-81, eff. 7-12-19.)
 
25
Article 80.

 

 

 

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1    Section 80-5. The Employee Sick Leave Act is amended by
2changing Sections 5 and 10 as follows:
 
3    (820 ILCS 191/5)
4    Sec. 5. Definitions. In this Act:
5    "Covered family member" means an employee's child,
6stepchild, spouse, domestic partner, sibling, parent,
7mother-in-law, father-in-law, grandchild, grandparent, or
8stepparent.
9    "Department" means the Department of Labor.
10    "Personal care" means activities to ensure that a covered
11family member's basic medical, hygiene, nutritional, or safety
12needs are met, or to provide transportation to medical
13appointments, for a covered family member who is unable to
14meet those needs himself or herself. "Personal care" also
15means being physically present to provide emotional support to
16a covered family member with a serious health condition who is
17receiving inpatient or home care.
18    "Personal sick leave benefits" means any paid or unpaid
19time available to an employee as provided through an
20employment benefit plan or paid time off policy to be used as a
21result of absence from work due to personal illness, injury,
22or medical appointment or for personal care of a covered
23family member. An employment benefit plan or paid time off
24policy does not include long term disability, short term

 

 

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1disability, an insurance policy, or other comparable benefit
2plan or policy.
3(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
4    (820 ILCS 191/10)
5    Sec. 10. Use of leave; limitations.
6    (a) An employee may use personal sick leave benefits
7provided by the employer for absences due to an illness,
8injury, or medical appointment of the employee's child,
9stepchild, spouse, domestic partner, sibling, parent,
10mother-in-law, father-in-law, grandchild, grandparent, or
11stepparent, or for personal care of a covered family member on
12the same terms upon which the employee is able to use personal
13sick leave benefits for the employee's own illness or injury.
14An employer may request written verification of the employee's
15absence from a health care professional if such verification
16is required under the employer's employment benefit plan or
17paid time off policy.
18    (b) An employer may limit the use of personal sick leave
19benefits provided by the employer for absences due to an
20illness, injury, or medical appointment of the employee's
21child, stepchild, spouse, domestic partner, sibling, parent,
22mother-in-law, father-in-law, grandchild, grandparent, or
23stepparent to an amount not less than the personal sick leave
24that would be earned or accrued during 6 months at the
25employee's then current rate of entitlement. For employers who

 

 

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1base personal sick leave benefits on an employee's years of
2service instead of annual or monthly accrual, such employer
3may limit the amount of sick leave to be used under this Act to
4half of the employee's maximum annual grant.
5    (c) An employer who provides personal sick leave benefits
6or a paid time off policy that would otherwise provide
7benefits as required under subsections (a) and (b) shall not
8be required to modify such benefits.
9(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
10
Article 90.

 
11    Section 90-5. The Nursing Home Care Act is amended by
12adding Section 3-206.06 as follows:
 
13    (210 ILCS 45/3-206.06 new)
14    Sec. 3-206.06. Testing for Legionella bacteria. A facility
15shall develop a policy for testing its water supply for
16Legionella bacteria. The policy shall include the frequency
17with which testing is conducted. The policy and the results of
18any tests shall be made available to the Department upon
19request.
 
20    Section 90-10. The Hospital Licensing Act is amended by
21adding Section 6.29 as follows:
 

 

 

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1    (210 ILCS 85/6.29 new)
2    Sec. 6.29. Testing for Legionella bacteria. A hospital
3shall develop a policy for testing its water supply for
4Legionella bacteria. The policy shall include the frequency
5with which testing is conducted. The policy and the results of
6any tests shall be made available to the Department upon
7request.
 
8
Article 95.

 
9    Section 95-5. The Child Care Act of 1969 is amended by
10changing Section 7 as follows:
 
11    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
12    Sec. 7. (a) The Department must prescribe and publish
13minimum standards for licensing that apply to the various
14types of facilities for child care defined in this Act and that
15are equally applicable to like institutions under the control
16of the Department and to foster family homes used by and under
17the direct supervision of the Department. The Department shall
18seek the advice and assistance of persons representative of
19the various types of child care facilities in establishing
20such standards. The standards prescribed and published under
21this Act take effect as provided in the Illinois
22Administrative Procedure Act, and are restricted to
23regulations pertaining to the following matters and to any

 

 

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1rules and regulations required or permitted by any other
2Section of this Act:
3        (1) The operation and conduct of the facility and
4    responsibility it assumes for child care;
5        (2) The character, suitability and qualifications of
6    the applicant and other persons directly responsible for
7    the care and welfare of children served. All child day
8    care center licensees and employees who are required to
9    report child abuse or neglect under the Abused and
10    Neglected Child Reporting Act shall be required to attend
11    training on recognizing child abuse and neglect, as
12    prescribed by Department rules;
13        (3) The general financial ability and competence of
14    the applicant to provide necessary care for children and
15    to maintain prescribed standards;
16        (4) The number of individuals or staff required to
17    insure adequate supervision and care of the children
18    received. The standards shall provide that each child care
19    institution, maternity center, day care center, group
20    home, day care home, and group day care home shall have on
21    its premises during its hours of operation at least one
22    staff member certified in first aid, in the Heimlich
23    maneuver and in cardiopulmonary resuscitation by the
24    American Red Cross or other organization approved by rule
25    of the Department. Child welfare agencies shall not be
26    subject to such a staffing requirement. The Department may

 

 

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1    offer, or arrange for the offering, on a periodic basis in
2    each community in this State in cooperation with the
3    American Red Cross, the American Heart Association or
4    other appropriate organization, voluntary programs to
5    train operators of foster family homes and day care homes
6    in first aid and cardiopulmonary resuscitation;
7        (5) The appropriateness, safety, cleanliness, and
8    general adequacy of the premises, including maintenance of
9    adequate fire prevention and health standards conforming
10    to State laws and municipal codes to provide for the
11    physical comfort, care, and well-being of children
12    received;
13        (6) Provisions for food, clothing, educational
14    opportunities, program, equipment and individual supplies
15    to assure the healthy physical, mental, and spiritual
16    development of children served;
17        (7) Provisions to safeguard the legal rights of
18    children served;
19        (8) Maintenance of records pertaining to the
20    admission, progress, health, and discharge of children,
21    including, for day care centers and day care homes,
22    records indicating each child has been immunized as
23    required by State regulations. The Department shall
24    require proof that children enrolled in a facility have
25    been immunized against Haemophilus Influenzae B (HIB);
26        (9) Filing of reports with the Department;

 

 

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1        (10) Discipline of children;
2        (11) Protection and fostering of the particular
3    religious faith of the children served;
4        (12) Provisions prohibiting firearms on day care
5    center premises except in the possession of peace
6    officers;
7        (13) Provisions prohibiting handguns on day care home
8    premises except in the possession of peace officers or
9    other adults who must possess a handgun as a condition of
10    employment and who reside on the premises of a day care
11    home;
12        (14) Provisions requiring that any firearm permitted
13    on day care home premises, except handguns in the
14    possession of peace officers, shall be kept in a
15    disassembled state, without ammunition, in locked storage,
16    inaccessible to children and that ammunition permitted on
17    day care home premises shall be kept in locked storage
18    separate from that of disassembled firearms, inaccessible
19    to children;
20        (15) Provisions requiring notification of parents or
21    guardians enrolling children at a day care home of the
22    presence in the day care home of any firearms and
23    ammunition and of the arrangements for the separate,
24    locked storage of such firearms and ammunition;
25        (16) Provisions requiring all licensed child care
26    facility employees who care for newborns and infants to

 

 

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1    complete training every 3 years on the nature of sudden
2    unexpected infant death (SUID), sudden infant death
3    syndrome (SIDS), and the safe sleep recommendations of the
4    American Academy of Pediatrics; and
5        (17) With respect to foster family homes, provisions
6    requiring the Department to review quality of care
7    concerns and to consider those concerns in determining
8    whether a foster family home is qualified to care for
9    children.
10    By July 1, 2022, all licensed day care home providers,
11licensed group day care home providers, and licensed day care
12center directors and classroom staff shall participate in at
13least one training that includes the topics of early childhood
14social emotional learning, infant and early childhood mental
15health, early childhood trauma, or adverse childhood
16experiences. Current licensed providers, directors, and
17classroom staff shall complete training by July 1, 2022 and
18shall participate in training that includes the above topics
19at least once every 3 years.
20    (b) If, in a facility for general child care, there are
21children diagnosed as mentally ill or children diagnosed as
22having an intellectual or physical disability, who are
23determined to be in need of special mental treatment or of
24nursing care, or both mental treatment and nursing care, the
25Department shall seek the advice and recommendation of the
26Department of Human Services, the Department of Public Health,

 

 

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1or both Departments regarding the residential treatment and
2nursing care provided by the institution.
3    (c) The Department shall investigate any person applying
4to be licensed as a foster parent to determine whether there is
5any evidence of current drug or alcohol abuse in the
6prospective foster family. The Department shall not license a
7person as a foster parent if drug or alcohol abuse has been
8identified in the foster family or if a reasonable suspicion
9of such abuse exists, except that the Department may grant a
10foster parent license to an applicant identified with an
11alcohol or drug problem if the applicant has successfully
12participated in an alcohol or drug treatment program,
13self-help group, or other suitable activities and if the
14Department determines that the foster family home can provide
15a safe, appropriate environment and meet the physical and
16emotional needs of children.
17    (d) The Department, in applying standards prescribed and
18published, as herein provided, shall offer consultation
19through employed staff or other qualified persons to assist
20applicants and licensees in meeting and maintaining minimum
21requirements for a license and to help them otherwise to
22achieve programs of excellence related to the care of children
23served. Such consultation shall include providing information
24concerning education and training in early childhood
25development to providers of day care home services. The
26Department may provide or arrange for such education and

 

 

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1training for those providers who request such assistance.
2    (e) The Department shall distribute copies of licensing
3standards to all licensees and applicants for a license. Each
4licensee or holder of a permit shall distribute copies of the
5appropriate licensing standards and any other information
6required by the Department to child care facilities under its
7supervision. Each licensee or holder of a permit shall
8maintain appropriate documentation of the distribution of the
9standards. Such documentation shall be part of the records of
10the facility and subject to inspection by authorized
11representatives of the Department.
12    (f) The Department shall prepare summaries of day care
13licensing standards. Each licensee or holder of a permit for a
14day care facility shall distribute a copy of the appropriate
15summary and any other information required by the Department,
16to the legal guardian of each child cared for in that facility
17at the time when the child is enrolled or initially placed in
18the facility. The licensee or holder of a permit for a day care
19facility shall secure appropriate documentation of the
20distribution of the summary and brochure. Such documentation
21shall be a part of the records of the facility and subject to
22inspection by an authorized representative of the Department.
23    (g) The Department shall distribute to each licensee and
24holder of a permit copies of the licensing or permit standards
25applicable to such person's facility. Each licensee or holder
26of a permit shall make available by posting at all times in a

 

 

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1common or otherwise accessible area a complete and current set
2of licensing standards in order that all employees of the
3facility may have unrestricted access to such standards. All
4employees of the facility shall have reviewed the standards
5and any subsequent changes. Each licensee or holder of a
6permit shall maintain appropriate documentation of the current
7review of licensing standards by all employees. Such records
8shall be part of the records of the facility and subject to
9inspection by authorized representatives of the Department.
10    (h) Any standards involving physical examinations,
11immunization, or medical treatment shall include appropriate
12exemptions for children whose parents object thereto on the
13grounds that they conflict with the tenets and practices of a
14recognized church or religious organization, of which the
15parent is an adherent or member, and for children who should
16not be subjected to immunization for clinical reasons.
17    (i) The Department, in cooperation with the Department of
18Public Health, shall work to increase immunization awareness
19and participation among parents of children enrolled in day
20care centers and day care homes by publishing on the
21Department's website information about the benefits of
22immunization against vaccine preventable diseases, including
23influenza and pertussis. The information for vaccine
24preventable diseases shall include the incidence and severity
25of the diseases, the availability of vaccines, and the
26importance of immunizing children and persons who frequently

 

 

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1have close contact with children. The website content shall be
2reviewed annually in collaboration with the Department of
3Public Health to reflect the most current recommendations of
4the Advisory Committee on Immunization Practices (ACIP). The
5Department shall work with day care centers and day care homes
6licensed under this Act to ensure that the information is
7annually distributed to parents in August or September.
8    (j) Any standard adopted by the Department that requires
9an applicant for a license to operate a day care home to
10include a copy of a high school diploma or equivalent
11certificate with his or her application shall be deemed to be
12satisfied if the applicant includes a copy of a high school
13diploma or equivalent certificate or a copy of a degree from an
14accredited institution of higher education or vocational
15institution or equivalent certificate.
16(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
17100-201, eff. 8-18-17.)
 
18
Article 100.

 
19    Section 100-1. Short title. This Article may be cited as
20the Special Commission on Gynecologic Cancers Act.
 
21    Section 100-5. Creation; members; duties; report.    
22    (a) The Special Commission on Gynecologic Cancers is
23created. Membership of the Commission shall be as follows:

 

 

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1        (1) A representative of the Illinois Comprehensive
2    Cancer Control Program, appointed by the Director of
3    Public Health;
4        (2) The Director of Insurance, or his or her designee;
5    and
6        (3) 20 members who shall be appointed as follows:
7                (A) three members appointed by the Speaker of
8        the House of Representatives, one of whom shall be a
9        survivor of ovarian cancer, one of whom shall be a
10        survivor of cervical, vaginal, vulvar, or uterine
11        cancer, and one of whom shall be a medical specialist
12        in gynecologic cancers;
13                (B) three members appointed by the Senate
14        President, one of whom shall be a survivor of ovarian
15        cancer, one of whom shall be a survivor of cervical,
16        vaginal, vulvar, or uterine cancer, and one of whom
17        shall be a medical specialist in gynecologic cancers;
18                (C) three members appointed by the House
19        Minority Leader, one of whom shall be a survivor of
20        ovarian cancer, one of whom shall be a survivor of
21        cervical, vaginal, vulvar, or uterine cancer, and one
22        of whom shall be a medical specialist in gynecologic
23        cancers;
24                (D) three members appointed by the Senate
25        Minority Leader, one of whom shall be a survivor of
26        ovarian cancer, one of whom shall be a survivor of

 

 

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1        cervical, vaginal, vulvar, or uterine cancer, and one
2        of whom shall be a medical specialist in gynecologic
3        cancers; and
4                (E) eight members appointed by the Governor,
5        one of whom shall be a caregiver of a woman diagnosed
6        with a gynecologic cancer, one of whom shall be a
7        medical specialist in gynecologic cancers, one of whom
8        shall be an individual with expertise in community
9        based health care and issues affecting underserved and
10        vulnerable populations, 2 of whom shall be individuals
11        representing gynecologic cancer awareness and support
12        groups in the State, one of whom shall be a researcher
13        specializing in gynecologic cancers, and 2 of whom
14        shall be members of the public with demonstrated
15        expertise in issues relating to the work of the
16        Commission.
17    (b) Members of the Commission shall serve without
18compensation or reimbursement from the Commission. Members
19shall select a Chair from among themselves and the Chair shall
20set the meeting schedule.
21    (c) The Illinois Department of Public Health shall provide
22administrative support to the Commission.
23    (d) The Commission is charged with the study of the
24following:
25        (1) establishing a mechanism to ascertain the
26    prevalence of gynecologic cancers in the State and, to the

 

 

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1    extent possible, to collect statistics relative to the
2    timing of diagnosis and risk factors associated with
3    gynecologic cancers;
4        (2) determining how to best effectuate early diagnosis
5    and treatment for gynecologic cancer patients;
6        (3) determining best practices for closing disparities
7    in outcomes for gynecologic cancer patients and innovative
8    approaches to reaching underserved and vulnerable
9    populations;
10        (4) determining any unmet needs of persons with
11    gynecologic cancers and those of their families; and
12        (5) providing recommendations for additional
13    legislation, support programs, and resources to meet the
14    unmet needs of persons with gynecologic cancers and their
15    families.
16    (e) The Commission shall file its final report with the
17General Assembly no later than December 31, 2021 and, upon the
18filing of its report, is dissolved.
 
19    Section 100-90. Repeal. This Article is repealed on
20January 1, 2023.
 
21
Article 105.

 
22    Section 105-5. The Illinois Public Aid Code is amended by
23changing Section 5A-12.7 as follows:
 

 

 

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1    (305 ILCS 5/5A-12.7)
2    (Section scheduled to be repealed on December 31, 2022)
3    Sec. 5A-12.7. Continuation of hospital access payments on
4and after July 1, 2020.
5    (a) To preserve and improve access to hospital services,
6for hospital services rendered on and after July 1, 2020, the
7Department shall, except for hospitals described in subsection
8(b) of Section 5A-3, make payments to hospitals or require
9capitated managed care organizations to make payments as set
10forth in this Section. Payments under this Section are not due
11and payable, however, until: (i) the methodologies described
12in this Section are approved by the federal government in an
13appropriate State Plan amendment or directed payment preprint;
14and (ii) the assessment imposed under this Article is
15determined to be a permissible tax under Title XIX of the
16Social Security Act. In determining the hospital access
17payments authorized under subsection (g) of this Section, if a
18hospital ceases to qualify for payments from the pool, the
19payments for all hospitals continuing to qualify for payments
20from such pool shall be uniformly adjusted to fully expend the
21aggregate net amount of the pool, with such adjustment being
22effective on the first day of the second month following the
23date the hospital ceases to receive payments from such pool.
24    (b) Amounts moved into claims-based rates and distributed
25in accordance with Section 14-12 shall remain in those

 

 

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1claims-based rates.
2    (c) Graduate medical education.
3        (1) The calculation of graduate medical education
4    payments shall be based on the hospital's Medicare cost
5    report ending in Calendar Year 2018, as reported in the
6    Healthcare Cost Report Information System file, release
7    date September 30, 2019. An Illinois hospital reporting
8    intern and resident cost on its Medicare cost report shall
9    be eligible for graduate medical education payments.
10        (2) Each hospital's annualized Medicaid Intern
11    Resident Cost is calculated using annualized intern and
12    resident total costs obtained from Worksheet B Part I,
13    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
14    96-98, and 105-112 multiplied by the percentage that the
15    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
16    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
17    hospital's total days (Worksheet S3 Part I, Column 8,
18    Lines 14, 16-18, and 32).
19        (3) An annualized Medicaid indirect medical education
20    (IME) payment is calculated for each hospital using its
21    IME payments (Worksheet E Part A, Line 29, Column 1)
22    multiplied by the percentage that its Medicaid days
23    (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
24    and 32) comprise of its Medicare days (Worksheet S3 Part
25    I, Column 6, Lines 2, 3, 4, 14, and 16-18).
26        (4) For each hospital, its annualized Medicaid Intern

 

 

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1    Resident Cost and its annualized Medicaid IME payment are
2    summed, and, except as capped at 120% of the average cost
3    per intern and resident for all qualifying hospitals as
4    calculated under this paragraph, is multiplied by 22.6% to
5    determine the hospital's final graduate medical education
6    payment. Each hospital's average cost per intern and
7    resident shall be calculated by summing its total
8    annualized Medicaid Intern Resident Cost plus its
9    annualized Medicaid IME payment and dividing that amount
10    by the hospital's total Full Time Equivalent Residents and
11    Interns. If the hospital's average per intern and resident
12    cost is greater than 120% of the same calculation for all
13    qualifying hospitals, the hospital's per intern and
14    resident cost shall be capped at 120% of the average cost
15    for all qualifying hospitals.
16    (d) Fee-for-service supplemental payments. Each Illinois
17hospital shall receive an annual payment equal to the amounts
18below, to be paid in 12 equal installments on or before the
19seventh State business day of each month, except that no
20payment shall be due within 30 days after the later of the date
21of notification of federal approval of the payment
22methodologies required under this Section or any waiver
23required under 42 CFR 433.68, at which time the sum of amounts
24required under this Section prior to the date of notification
25is due and payable.
26        (1) For critical access hospitals, $385 per covered

 

 

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1    inpatient day contained in paid fee-for-service claims and
2    $530 per paid fee-for-service outpatient claim for dates
3    of service in Calendar Year 2019 in the Department's
4    Enterprise Data Warehouse as of May 11, 2020.
5        (2) For safety-net hospitals, $960 per covered
6    inpatient day contained in paid fee-for-service claims and
7    $625 per paid fee-for-service outpatient claim for dates
8    of service in Calendar Year 2019 in the Department's
9    Enterprise Data Warehouse as of May 11, 2020.
10        (3) For long term acute care hospitals, $295 per
11    covered inpatient day contained in paid fee-for-service
12    claims for dates of service in Calendar Year 2019 in the
13    Department's Enterprise Data Warehouse as of May 11, 2020.
14        (4) For freestanding psychiatric hospitals, $125 per
15    covered inpatient day contained in paid fee-for-service
16    claims and $130 per paid fee-for-service outpatient claim
17    for dates of service in Calendar Year 2019 in the
18    Department's Enterprise Data Warehouse as of May 11, 2020.
19        (5) For freestanding rehabilitation hospitals, $355
20    per covered inpatient day contained in paid
21    fee-for-service claims for dates of service in Calendar
22    Year 2019 in the Department's Enterprise Data Warehouse as
23    of May 11, 2020.
24        (6) For all general acute care hospitals and high
25    Medicaid hospitals as defined in subsection (f), $350 per
26    covered inpatient day for dates of service in Calendar

 

 

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1    Year 2019 contained in paid fee-for-service claims and
2    $620 per paid fee-for-service outpatient claim in the
3    Department's Enterprise Data Warehouse as of May 11, 2020.
4        (7) Alzheimer's treatment access payment. Each
5    Illinois academic medical center or teaching hospital, as
6    defined in Section 5-5e.2 of this Code, that is identified
7    as the primary hospital affiliate of one of the Regional
8    Alzheimer's Disease Assistance Centers, as designated by
9    the Alzheimer's Disease Assistance Act and identified in
10    the Department of Public Health's Alzheimer's Disease
11    State Plan dated December 2016, shall be paid an
12    Alzheimer's treatment access payment equal to the product
13    of the qualifying hospital's State Fiscal Year 2018 total
14    inpatient fee-for-service days multiplied by the
15    applicable Alzheimer's treatment rate of $226.30 for
16    hospitals located in Cook County and $116.21 for hospitals
17    located outside Cook County.
18    (e) The Department shall require managed care
19organizations (MCOs) to make directed payments and
20pass-through payments according to this Section. Each calendar
21year, the Department shall require MCOs to pay the maximum
22amount out of these funds as allowed as pass-through payments
23under federal regulations. The Department shall require MCOs
24to make such pass-through payments as specified in this
25Section. The Department shall require the MCOs to pay the
26remaining amounts as directed Payments as specified in this

 

 

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1Section. The Department shall issue payments to the
2Comptroller by the seventh business day of each month for all
3MCOs that are sufficient for MCOs to make the directed
4payments and pass-through payments according to this Section.
5The Department shall require the MCOs to make pass-through
6payments and directed payments using electronic funds
7transfers (EFT), if the hospital provides the information
8necessary to process such EFTs, in accordance with directions
9provided monthly by the Department, within 7 business days of
10the date the funds are paid to the MCOs, as indicated by the
11"Paid Date" on the website of the Office of the Comptroller if
12the funds are paid by EFT and the MCOs have received directed
13payment instructions. If funds are not paid through the
14Comptroller by EFT, payment must be made within 7 business
15days of the date actually received by the MCO. The MCO will be
16considered to have paid the pass-through payments when the
17payment remittance number is generated or the date the MCO
18sends the check to the hospital, if EFT information is not
19supplied. If an MCO is late in paying a pass-through payment or
20directed payment as required under this Section (including any
21extensions granted by the Department), it shall pay a penalty,
22unless waived by the Department for reasonable cause, to the
23Department equal to 5% of the amount of the pass-through
24payment or directed payment not paid on or before the due date
25plus 5% of the portion thereof remaining unpaid on the last day
26of each 30-day period thereafter. Payments to MCOs that would

 

 

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1be paid consistent with actuarial certification and enrollment
2in the absence of the increased capitation payments under this
3Section shall not be reduced as a consequence of payments made
4under this subsection. The Department shall publish and
5maintain on its website for a period of no less than 8 calendar
6quarters, the quarterly calculation of directed payments and
7pass-through payments owed to each hospital from each MCO. All
8calculations and reports shall be posted no later than the
9first day of the quarter for which the payments are to be
10issued.
11    (f)(1) For purposes of allocating the funds included in
12capitation payments to MCOs, Illinois hospitals shall be
13divided into the following classes as defined in
14administrative rules:
15        (A) Critical access hospitals.
16        (B) Safety-net hospitals, except that stand-alone
17    children's hospitals that are not specialty children's
18    hospitals will not be included.
19        (C) Long term acute care hospitals.
20        (D) Freestanding psychiatric hospitals.
21        (E) Freestanding rehabilitation hospitals.
22        (F) High Medicaid hospitals. As used in this Section,
23    "high Medicaid hospital" means a general acute care
24    hospital that is not a safety-net hospital or critical
25    access hospital and that has a Medicaid Inpatient
26    Utilization Rate above 30% or a hospital that had over

 

 

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1    35,000 inpatient Medicaid days during the applicable
2    period. For the period July 1, 2020 through December 31,
3    2020, the applicable period for the Medicaid Inpatient
4    Utilization Rate (MIUR) is the rate year 2020 MIUR and for
5    the number of inpatient days it is State fiscal year 2018.
6    Beginning in calendar year 2021, the Department shall use
7    the most recently determined MIUR, as defined in
8    subsection (h) of Section 5-5.02, and for the inpatient
9    day threshold, the State fiscal year ending 18 months
10    prior to the beginning of the calendar year. For purposes
11    of calculating MIUR under this Section, children's
12    hospitals and affiliated general acute care hospitals
13    shall be considered a single hospital.
14        (G) General acute care hospitals. As used under this
15    Section, "general acute care hospitals" means all other
16    Illinois hospitals not identified in subparagraphs (A)
17    through (F).
18    (2) Hospitals' qualification for each class shall be
19assessed prior to the beginning of each calendar year and the
20new class designation shall be effective January 1 of the next
21year. The Department shall publish by rule the process for
22establishing class determination.
23    (g) Fixed pool directed payments. Beginning July 1, 2020,
24the Department shall issue payments to MCOs which shall be
25used to issue directed payments to qualified Illinois
26safety-net hospitals and critical access hospitals on a

 

 

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1monthly basis in accordance with this subsection. Prior to the
2beginning of each Payout Quarter beginning July 1, 2020, the
3Department shall use encounter claims data from the
4Determination Quarter, accepted by the Department's Medicaid
5Management Information System for inpatient and outpatient
6services rendered by safety-net hospitals and critical access
7hospitals to determine a quarterly uniform per unit add-on for
8each hospital class.
9        (1) Inpatient per unit add-on. A quarterly uniform per
10    diem add-on shall be derived by dividing the quarterly
11    Inpatient Directed Payments Pool amount allocated to the
12    applicable hospital class by the total inpatient days
13    contained on all encounter claims received during the
14    Determination Quarter, for all hospitals in the class.
15            (A) Each hospital in the class shall have a
16        quarterly inpatient directed payment calculated that
17        is equal to the product of the number of inpatient days
18        attributable to the hospital used in the calculation
19        of the quarterly uniform class per diem add-on,
20        multiplied by the calculated applicable quarterly
21        uniform class per diem add-on of the hospital class.
22            (B) Each hospital shall be paid 1/3 of its
23        quarterly inpatient directed payment in each of the 3
24        months of the Payout Quarter, in accordance with
25        directions provided to each MCO by the Department.
26        (2) Outpatient per unit add-on. A quarterly uniform

 

 

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1    per claim add-on shall be derived by dividing the
2    quarterly Outpatient Directed Payments Pool amount
3    allocated to the applicable hospital class by the total
4    outpatient encounter claims received during the
5    Determination Quarter, for all hospitals in the class.
6            (A) Each hospital in the class shall have a
7        quarterly outpatient directed payment calculated that
8        is equal to the product of the number of outpatient
9        encounter claims attributable to the hospital used in
10        the calculation of the quarterly uniform class per
11        claim add-on, multiplied by the calculated applicable
12        quarterly uniform class per claim add-on of the
13        hospital class.
14            (B) Each hospital shall be paid 1/3 of its
15        quarterly outpatient directed payment in each of the 3
16        months of the Payout Quarter, in accordance with
17        directions provided to each MCO by the Department.
18        (3) Each MCO shall pay each hospital the Monthly
19    Directed Payment as identified by the Department on its
20    quarterly determination report.
21        (4) Definitions. As used in this subsection:
22            (A) "Payout Quarter" means each 3 month calendar
23        quarter, beginning July 1, 2020.
24            (B) "Determination Quarter" means each 3 month
25        calendar quarter, which ends 3 months prior to the
26        first day of each Payout Quarter.

 

 

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1        (5) For the period July 1, 2020 through December 2020,
2    the following amounts shall be allocated to the following
3    hospital class directed payment pools for the quarterly
4    development of a uniform per unit add-on:
5            (A) $2,894,500 for hospital inpatient services for
6        critical access hospitals.
7            (B) $4,294,374 for hospital outpatient services
8        for critical access hospitals.
9            (C) $29,109,330 for hospital inpatient services
10        for safety-net hospitals.
11            (D) $35,041,218 for hospital outpatient services
12        for safety-net hospitals.
13    (h) Fixed rate directed payments. Effective July 1, 2020,
14the Department shall issue payments to MCOs which shall be
15used to issue directed payments to Illinois hospitals not
16identified in paragraph (g) on a monthly basis. Prior to the
17beginning of each Payout Quarter beginning July 1, 2020, the
18Department shall use encounter claims data from the
19Determination Quarter, accepted by the Department's Medicaid
20Management Information System for inpatient and outpatient
21services rendered by hospitals in each hospital class
22identified in paragraph (f) and not identified in paragraph
23(g). For the period July 1, 2020 through December 2020, the
24Department shall direct MCOs to make payments as follows:
25        (1) For general acute care hospitals an amount equal
26    to $1,750 multiplied by the hospital's category of service

 

 

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1    20 case mix index for the determination quarter multiplied
2    by the hospital's total number of inpatient admissions for
3    category of service 20 for the determination quarter.
4        (2) For general acute care hospitals an amount equal
5    to $160 multiplied by the hospital's category of service
6    21 case mix index for the determination quarter multiplied
7    by the hospital's total number of inpatient admissions for
8    category of service 21 for the determination quarter.
9        (3) For general acute care hospitals an amount equal
10    to $80 multiplied by the hospital's category of service 22
11    case mix index for the determination quarter multiplied by
12    the hospital's total number of inpatient admissions for
13    category of service 22 for the determination quarter.
14        (4) For general acute care hospitals an amount equal
15    to $375 multiplied by the hospital's category of service
16    24 case mix index for the determination quarter multiplied
17    by the hospital's total number of category of service 24
18    paid EAPG (EAPGs) for the determination quarter.
19        (5) For general acute care hospitals an amount equal
20    to $240 multiplied by the hospital's category of service
21    27 and 28 case mix index for the determination quarter
22    multiplied by the hospital's total number of category of
23    service 27 and 28 paid EAPGs for the determination
24    quarter.
25        (6) For general acute care hospitals an amount equal
26    to $290 multiplied by the hospital's category of service

 

 

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1    29 case mix index for the determination quarter multiplied
2    by the hospital's total number of category of service 29
3    paid EAPGs for the determination quarter.
4        (7) For high Medicaid hospitals an amount equal to
5    $1,800 multiplied by the hospital's category of service 20
6    case mix index for the determination quarter multiplied by
7    the hospital's total number of inpatient admissions for
8    category of service 20 for the determination quarter.
9        (8) For high Medicaid hospitals an amount equal to
10    $160 multiplied by the hospital's category of service 21
11    case mix index for the determination quarter multiplied by
12    the hospital's total number of inpatient admissions for
13    category of service 21 for the determination quarter.
14        (9) For high Medicaid hospitals an amount equal to $80
15    multiplied by the hospital's category of service 22 case
16    mix index for the determination quarter multiplied by the
17    hospital's total number of inpatient admissions for
18    category of service 22 for the determination quarter.
19        (10) For high Medicaid hospitals an amount equal to
20    $400 multiplied by the hospital's category of service 24
21    case mix index for the determination quarter multiplied by
22    the hospital's total number of category of service 24 paid
23    EAPG outpatient claims for the determination quarter.
24        (11) For high Medicaid hospitals an amount equal to
25    $240 multiplied by the hospital's category of service 27
26    and 28 case mix index for the determination quarter

 

 

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1    multiplied by the hospital's total number of category of
2    service 27 and 28 paid EAPGs for the determination
3    quarter.
4        (12) For high Medicaid hospitals an amount equal to
5    $290 multiplied by the hospital's category of service 29
6    case mix index for the determination quarter multiplied by
7    the hospital's total number of category of service 29 paid
8    EAPGs for the determination quarter.
9        (13) For long term acute care hospitals the amount of
10    $495 multiplied by the hospital's total number of
11    inpatient days for the determination quarter.
12        (14) For psychiatric hospitals the amount of $210
13    multiplied by the hospital's total number of inpatient
14    days for category of service 21 for the determination
15    quarter.
16        (15) For psychiatric hospitals the amount of $250
17    multiplied by the hospital's total number of outpatient
18    claims for category of service 27 and 28 for the
19    determination quarter.
20        (16) For rehabilitation hospitals the amount of $410
21    multiplied by the hospital's total number of inpatient
22    days for category of service 22 for the determination
23    quarter.
24        (17) For rehabilitation hospitals the amount of $100
25    multiplied by the hospital's total number of outpatient
26    claims for category of service 29 for the determination

 

 

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1    quarter.
2        (18) Each hospital shall be paid 1/3 of their
3    quarterly inpatient and outpatient directed payment in
4    each of the 3 months of the Payout Quarter, in accordance
5    with directions provided to each MCO by the Department.
6        (19) Each MCO shall pay each hospital the Monthly
7    Directed Payment amount as identified by the Department on
8    its quarterly determination report.
9    Notwithstanding any other provision of this subsection, if
10the Department determines that the actual total hospital
11utilization data that is used to calculate the fixed rate
12directed payments is substantially different than anticipated
13when the rates in this subsection were initially determined
14(for unforeseeable circumstances such as the COVID-19
15pandemic), the Department may adjust the rates specified in
16this subsection so that the total directed payments
17approximate the total spending amount anticipated when the
18rates were initially established.
19    Definitions. As used in this subsection:
20            (A) "Payout Quarter" means each calendar quarter,
21        beginning July 1, 2020.
22            (B) "Determination Quarter" means each calendar
23        quarter which ends 3 months prior to the first day of
24        each Payout Quarter.
25            (C) "Case mix index" means a hospital specific
26        calculation. For inpatient claims the case mix index

 

 

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1        is calculated each quarter by summing the relative
2        weight of all inpatient Diagnosis-Related Group (DRG)
3        claims for a category of service in the applicable
4        Determination Quarter and dividing the sum by the
5        number of sum total of all inpatient DRG admissions
6        for the category of service for the associated claims.
7        The case mix index for outpatient claims is calculated
8        each quarter by summing the relative weight of all
9        paid EAPGs in the applicable Determination Quarter and
10        dividing the sum by the sum total of paid EAPGs for the
11        associated claims.
12    (i) Beginning January 1, 2021, the rates for directed
13payments shall be recalculated in order to spend the
14additional funds for directed payments that result from
15reduction in the amount of pass-through payments allowed under
16federal regulations. The additional funds for directed
17payments shall be allocated proportionally to each class of
18hospitals based on that class' proportion of services.
19    (j) Pass-through payments.
20        (1) For the period July 1, 2020 through December 31,
21    2020, the Department shall assign quarterly pass-through
22    payments to each class of hospitals equal to one-fourth of
23    the following annual allocations:
24            (A) $390,487,095 to safety-net hospitals.
25            (B) $62,553,886 to critical access hospitals.
26            (C) $345,021,438 to high Medicaid hospitals.

 

 

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1            (D) $551,429,071 to general acute care hospitals.
2            (E) $27,283,870 to long term acute care hospitals.
3            (F) $40,825,444 to freestanding psychiatric
4        hospitals.
5            (G) $9,652,108 to freestanding rehabilitation
6        hospitals.
7        (2) The pass-through payments shall at a minimum
8    ensure hospitals receive a total amount of monthly
9    payments under this Section as received in calendar year
10    2019 in accordance with this Article and paragraph (1) of
11    subsection (d-5) of Section 14-12, exclusive of amounts
12    received through payments referenced in subsection (b).
13        (3) For the calendar year beginning January 1, 2021,
14    and each calendar year thereafter, each hospital's
15    pass-through payment amount shall be reduced
16    proportionally to the reduction of all pass-through
17    payments required by federal regulations.
18    (k) At least 30 days prior to each calendar year, the
19Department shall notify each hospital of changes to the
20payment methodologies in this Section, including, but not
21limited to, changes in the fixed rate directed payment rates,
22the aggregate pass-through payment amount for all hospitals,
23and the hospital's pass-through payment amount for the
24upcoming calendar year.
25    (l) Notwithstanding any other provisions of this Section,
26the Department may adopt rules to change the methodology for

 

 

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1directed and pass-through payments as set forth in this
2Section, but only to the extent necessary to obtain federal
3approval of a necessary State Plan amendment or Directed
4Payment Preprint or to otherwise conform to federal law or
5federal regulation.
6    (m) As used in this subsection, "managed care
7organization" or "MCO" means an entity which contracts with
8the Department to provide services where payment for medical
9services is made on a capitated basis, excluding contracted
10entities for dual eligible or Department of Children and
11Family Services youth populations.
12    (n) In order to address the escalating infant mortality
13rates among minority communities in Illinois, the State shall,
14subject to appropriation, create a pool of funding of at least
15$50,000,000 annually to be dispersed among safety-net
16hospitals that maintain perinatal designation from the
17Department of Public Health. The funding shall be used to
18preserve or enhance OB/GYN services or other specialty
19services at the receiving hospital, with the distribution of
20funding to be established by rule and with consideration to
21perinatal hospitals with safe birthing levels and quality
22metrics for healthy mothers and babies.
23(Source: P.A. 101-650, eff. 7-7-20.)
 
24
Article 110.

 

 

 

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1    Section 110-1. Short title. This Article may be cited as
2the Racial Impact Note Act.
 
3    Section 110-5. Racial impact note.
4    (a) Every bill which has or could have a disparate impact
5on racial and ethnic minorities, upon the request of any
6member, shall have prepared for it, before second reading in
7the house of introduction, a brief explanatory statement or
8note that shall include a reliable estimate of the anticipated
9impact on those racial and ethnic minorities likely to be
10impacted by the bill. Each racial impact note must include,
11for racial and ethnic minorities for which data are available:
12(i) an estimate of how the proposed legislation would impact
13racial and ethnic minorities; (ii) a statement of the
14methodologies and assumptions used in preparing the estimate;
15(iii) an estimate of the racial and ethnic composition of the
16population who may be impacted by the proposed legislation,
17including those persons who may be negatively impacted and
18those persons who may benefit from the proposed legislation;
19and (iv) any other matter that a responding agency considers
20appropriate in relation to the racial and ethnic minorities
21likely to be affected by the bill.
 
22    Section 110-10. Preparation.
23    (a) The sponsor of each bill for which a request under
24Section 110-5 has been made shall present a copy of the bill

 

 

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1with the request for a racial impact note to the appropriate
2responding agency or agencies under subsection (b). The
3responding agency or agencies shall prepare and submit the
4note to the sponsor of the bill within 5 calendar days, except
5that whenever, because of the complexity of the measure,
6additional time is required for the preparation of the racial
7impact note, the responding agency or agencies may inform the
8sponsor of the bill, and the sponsor may approve an extension
9of the time within which the note is to be submitted, not to
10extend, however, beyond June 15, following the date of the
11request. If, in the opinion of the responding agency or
12agencies, there is insufficient information to prepare a
13reliable estimate of the anticipated impact, a statement to
14that effect can be filed and shall meet the requirements of
15this Act.
16    (b) If a bill concerns arrests, convictions, or law
17enforcement, a statement shall be prepared by the Illinois
18Criminal Justice Information Authority specifying the impact
19on racial and ethnic minorities. If a bill concerns
20corrections, sentencing, or the placement of individuals
21within the Department of Corrections, a statement shall be
22prepared by the Department of Corrections specifying the
23impact on racial and ethnic minorities. If a bill concerns
24local government, a statement shall be prepared by the
25Department of Commerce and Economic Opportunity specifying the
26impact on racial and ethnic minorities. If a bill concerns

 

 

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1education, one of the following agencies shall prepare a
2statement specifying the impact on racial and ethnic
3minorities: (i) the Illinois Community College Board, if the
4bill affects community colleges; (ii) the Illinois State Board
5of Education, if the bill affects primary and secondary
6education; or (iii) the Illinois Board of Higher Education, if
7the bill affects State universities. Any other State agency
8impacted or responsible for implementing all or part of this
9bill shall prepare a statement of the racial and ethnic impact
10of the bill as it relates to that agency.
 
11    Section 110-15. Requisites and contents. The note shall be
12factual in nature, as brief and concise as may be, and, in
13addition, it shall include both the immediate effect and, if
14determinable or reasonably foreseeable, the long range effect
15of the measure on racial and ethnic minorities. If, after
16careful investigation, it is determined that such an effect is
17not ascertainable, the note shall contain a statement to that
18effect, setting forth the reasons why no ascertainable effect
19can be given.
 
20    Section 110-20. Comment or opinion; technical or
21mechanical defects. No comment or opinion shall be included
22in the racial impact note with regard to the merits of the
23measure for which the racial impact note is prepared; however,
24technical or mechanical defects may be noted.
 

 

 

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1    Section 110-25. Appearance of State officials and
2employees in support or opposition of measure. The fact that a
3racial impact note is prepared for any bill shall not preclude
4or restrict the appearance before any committee of the General
5Assembly of any official or authorized employee of the
6responding agency or agencies, or any other impacted State
7agency, who desires to be heard in support of or in opposition
8to the measure.
 
9
Article 115.

 
10    Section 115-5. The Illinois Public Aid Code is amended by
11adding Section 14-14 as follows:
 
12    (305 ILCS 5/14-14 new)
13    Sec. 14-14. Increasing access to primary care in
14hospitals. The Department of Healthcare and Family Services
15shall develop a program to encourage coordination between
16Federally Qualified Health Centers (FQHCs) and hospitals,
17including, but not limited to, safety-net hospitals, with the
18goal of increasing care coordination, managing chronic
19diseases, and addressing the social determinants of health on
20or before December 31, 2021. In addition, the Department shall
21develop a payment methodology to allow FQHCs to provide care
22coordination services, including, but not limited to, chronic

 

 

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1disease management and behavioral health services. The
2Department of Healthcare and Family Services shall develop a
3payment methodology to allow for FQHC care coordination
4services by no later than December 31, 2021.
 
5
Article 120.

 
6    Section 120-5. The Civil Administrative Code of Illinois
7is amended by changing Section 5-565 as follows:
 
8    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
9    Sec. 5-565. In the Department of Public Health.
10    (a) The General Assembly declares it to be the public
11policy of this State that all residents citizens of Illinois
12are entitled to lead healthy lives. Governmental public health
13has a specific responsibility to ensure that a public health
14system is in place to allow the public health mission to be
15achieved. The public health system is the collection of
16public, private, and voluntary entities as well as individuals
17and informal associations that contribute to the public's
18health within the State. To develop a public health system
19requires certain core functions to be performed by government.
20The State Board of Health is to assume the leadership role in
21advising the Director in meeting the following functions:
22        (1) Needs assessment.
23        (2) Statewide health objectives.

 

 

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1        (3) Policy development.
2        (4) Assurance of access to necessary services.
3    There shall be a State Board of Health composed of 20
4persons, all of whom shall be appointed by the Governor, with
5the advice and consent of the Senate for those appointed by the
6Governor on and after June 30, 1998, and one of whom shall be a
7senior citizen age 60 or over. Five members shall be
8physicians licensed to practice medicine in all its branches,
9one representing a medical school faculty, one who is board
10certified in preventive medicine, and one who is engaged in
11private practice. One member shall be a chiropractic
12physician. One member shall be a dentist; one an environmental
13health practitioner; one a local public health administrator;
14one a local board of health member; one a registered nurse; one
15a physical therapist; one an optometrist; one a veterinarian;
16one a public health academician; one a health care industry
17representative; one a representative of the business
18community; one a representative of the non-profit public
19interest community; and 2 shall be citizens at large.
20    The terms of Board of Health members shall be 3 years,
21except that members shall continue to serve on the Board of
22Health until a replacement is appointed. Upon the effective
23date of Public Act 93-975 (January 1, 2005) this amendatory
24Act of the 93rd General Assembly, in the appointment of the
25Board of Health members appointed to vacancies or positions
26with terms expiring on or before December 31, 2004, the

 

 

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1Governor shall appoint up to 6 members to serve for terms of 3
2years; up to 6 members to serve for terms of 2 years; and up to
35 members to serve for a term of one year, so that the term of
4no more than 6 members expire in the same year. All members
5shall be legal residents of the State of Illinois. The duties
6of the Board shall include, but not be limited to, the
7following:
8        (1) To advise the Department of ways to encourage
9    public understanding and support of the Department's
10    programs.
11        (2) To evaluate all boards, councils, committees,
12    authorities, and bodies advisory to, or an adjunct of, the
13    Department of Public Health or its Director for the
14    purpose of recommending to the Director one or more of the
15    following:
16            (i) The elimination of bodies whose activities are
17        not consistent with goals and objectives of the
18        Department.
19            (ii) The consolidation of bodies whose activities
20        encompass compatible programmatic subjects.
21            (iii) The restructuring of the relationship
22        between the various bodies and their integration
23        within the organizational structure of the Department.
24            (iv) The establishment of new bodies deemed
25        essential to the functioning of the Department.
26        (3) To serve as an advisory group to the Director for

 

 

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1    public health emergencies and control of health hazards.
2        (4) To advise the Director regarding public health
3    policy, and to make health policy recommendations
4    regarding priorities to the Governor through the Director.
5        (5) To present public health issues to the Director
6    and to make recommendations for the resolution of those
7    issues.
8        (6) To recommend studies to delineate public health
9    problems.
10        (7) To make recommendations to the Governor through
11    the Director regarding the coordination of State public
12    health activities with other State and local public health
13    agencies and organizations.
14        (8) To report on or before February 1 of each year on
15    the health of the residents of Illinois to the Governor,
16    the General Assembly, and the public.
17        (9) To review the final draft of all proposed
18    administrative rules, other than emergency or peremptory
19    preemptory rules and those rules that another advisory
20    body must approve or review within a statutorily defined
21    time period, of the Department after September 19, 1991
22    (the effective date of Public Act 87-633). The Board shall
23    review the proposed rules within 90 days of submission by
24    the Department. The Department shall take into
25    consideration any comments and recommendations of the
26    Board regarding the proposed rules prior to submission to

 

 

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1    the Secretary of State for initial publication. If the
2    Department disagrees with the recommendations of the
3    Board, it shall submit a written response outlining the
4    reasons for not accepting the recommendations.
5        In the case of proposed administrative rules or
6    amendments to administrative rules regarding immunization
7    of children against preventable communicable diseases
8    designated by the Director under the Communicable Disease
9    Prevention Act, after the Immunization Advisory Committee
10    has made its recommendations, the Board shall conduct 3
11    public hearings, geographically distributed throughout the
12    State. At the conclusion of the hearings, the State Board
13    of Health shall issue a report, including its
14    recommendations, to the Director. The Director shall take
15    into consideration any comments or recommendations made by
16    the Board based on these hearings.
17        (10) To deliver to the Governor for presentation to
18    the General Assembly a State Health Assessment (SHA) and a
19    State Health Improvement Plan (SHIP). The first 5 3 such
20    plans shall be delivered to the Governor on January 1,
21    2006, January 1, 2009, and January 1, 2016, January 1,
22    2021, and June 30, 2022, and then every 5 years
23    thereafter.
24        The State Health Assessment and State Health
25    Improvement Plan Plan shall assess and recommend
26    priorities and strategies to improve the public health

 

 

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1    system, and the health status of Illinois residents,
2    reduce health disparities and inequities, and promote
3    health equity. The State Health Assessment and State
4    Health Improvement Plan development and implementation
5    shall conform to national Public Health Accreditation
6    Board Standards. The State Health Assessment and State
7    Health Improvement Plan development and implementation
8    process shall be carried out with the administrative and
9    operational support of the Department of Public Health
10    taking into consideration national health objectives and
11    system standards as frameworks for assessment.
12        The State Health Assessment shall include
13    comprehensive, broad-based data and information from a
14    variety of sources on health status and the public health
15    system including:
16            (i) quantitative data on the demographics and
17        health status of the population, including data over
18        time on health by gender identity, sexual orientation,
19        race, ethnicity, age, socio-economic factors,
20        geographic region, disability status, and other
21        indicators of disparity;
22            (ii) quantitative data on social and structural
23        issues affecting health (social and structural
24        determinants of health), including, but not limited
25        to, housing, transportation, educational attainment,
26        employment, and income inequality;

 

 

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1            (iii) priorities and strategies developed at the
2        community level through the Illinois Project for Local
3        Assessment of Needs (IPLAN) and other local and
4        regional community health needs assessments;
5            (iv) qualitative data representing the
6        population's input on health concerns and well-being,
7        including the perceptions of people experiencing
8        disparities and health inequities;
9            (v) information on health disparities and health
10        inequities; and
11            (vi) information on public health system strengths
12        and areas for improvement.
13        The Plan shall also take into consideration priorities
14    and strategies developed at the community level through
15    the Illinois Project for Local Assessment of Needs (IPLAN)
16    and any regional health improvement plans that may be
17    developed.
18        The State Health Improvement Plan Plan shall focus on
19    prevention, social determinants of health, and promoting
20    health equity as key strategies as a key strategy for
21    long-term health improvement in Illinois.
22        The State Health Improvement Plan Plan shall identify
23    priority State health issues and social issues affecting
24    health, and shall examine and make recommendations on the
25    contributions and strategies of the public and private
26    sectors for improving health status and the public health

 

 

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1    system in the State. In addition to recommendations on
2    health status improvement priorities and strategies for
3    the population of the State as a whole, the State Health
4    Improvement Plan Plan shall make recommendations regarding
5    priorities and strategies for reducing and eliminating
6    health disparities and health inequities in Illinois;
7    including racial, ethnic, gender identification, sexual
8    orientation, age, disability, socio-economic, and
9    geographic disparities. The State Health Improvement Plan
10    shall make recommendations regarding social determinants
11    of health, such as housing, transportation, educational
12    attainment, employment, and income inequality.
13        The development and implementation of the State Health
14    Assessment and State Health Improvement Plan shall be a
15    collaborative public-private cross-agency effort overseen
16    by the SHA and SHIP Partnership. The Director of Public
17    Health shall consult with the Governor to ensure
18    participation by the head of State agencies with public
19    health responsibilities (or their designees) in the SHA
20    and SHIP Partnership, including, but not limited to, the
21    Department of Public Health, the Department of Human
22    Services, the Department of Healthcare and Family
23    Services, the Department of Children and Family Services,
24    the Environmental Protection Agency, the Illinois State
25    Board of Education, the Department on Aging, the Illinois
26    Housing Development Authority, the Illinois Criminal

 

 

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1    Justice Information Authority, the Department of
2    Agriculture, the Department of Transportation, the
3    Department of Corrections, the Department of Commerce and
4    Economic Opportunity, and the Chair of the State Board of
5    Health to also serve on the Partnership. A member of the
6    Governors' staff shall participate in the Partnership and
7    serve as a liaison to the Governors' office.
8        The Director of the Illinois Department of Public
9    Health shall appoint a minimum of 15 other members of the
10    SHA and SHIP Partnership representing a Planning Team that
11    includes a range of public, private, and voluntary sector
12    stakeholders and participants in the public health system.
13    For the first SHA and SHIP Partnership after the effective
14    date of this amendatory Act of the 102nd General Assembly,
15    one-half of the members shall be appointed for a 3-year
16    term, and one-half of the members shall be appointed for a
17    5-year term. Subsequently, members shall be appointed to
18    5-year terms. Should any member not be able to fulfill his
19    or her term, the Director may appoint a replacement to
20    complete that term. The Director, in consultation with the
21    SHA and SHIP Partnership, may engage additional
22    individuals and organizations to serve on subcommittees
23    and ad hoc efforts to conduct the State Health Assessment
24    and develop and implement the State Health Improvement
25    Plan. Members of the SHA and SHIP Partnership shall
26    receive no compensation for serving as members, but may be

 

 

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1    reimbursed for their necessary expenses if departmental
2    resources allow.
3        The SHA and SHIP Partnership This Team shall include:
4    the directors of State agencies with public health
5    responsibilities (or their designees), including but not
6    limited to the Illinois Departments of Public Health and
7    Department of Human Services, representatives of local
8    health departments, representatives of local community
9    health partnerships, and individuals with expertise who
10    represent an array of organizations and constituencies
11    engaged in public health improvement and prevention, such
12    as non-profit public interest groups, groups serving
13    populations that experience health disparities and health
14    inequities, groups addressing social determinants of
15    health, health issue groups, faith community groups,
16    health care providers, businesses and employers, academic
17    institutions, and community-based organizations.
18        The Director shall endeavor to make the membership of
19    the Partnership diverse and inclusive of the racial,
20    ethnic, gender, socio-economic, and geographic diversity
21    of the State. The SHA and SHIP Partnership shall be
22    chaired by the Director of Public Health or his or her
23    designee.
24        The SHA and SHIP Partnership shall develop and
25    implement a community engagement process that facilitates
26    input into the development of the State Health Assessment

 

 

HB0158- 164 -LRB102 10244 CPF 15570 b

1    and State Health Improvement Plan. This engagement process
2    shall ensure that individuals with lived experience in the
3    issues addressed in the State Health Assessment and State
4    Health Improvement Plan are meaningfully engaged in the
5    development and implementation of the State Health
6    Assessment and State Health Improvement Plan.
7        The State Board of Health shall hold at least 3 public
8    hearings addressing a draft of the State Health
9    Improvement Plan drafts of the Plan in representative
10    geographic areas of the State. Members of the Planning
11    Team shall receive no compensation for their services, but
12    may be reimbursed for their necessary expenses.
13        Upon the delivery of each State Health Improvement
14    Plan, the Governor shall appoint a SHIP Implementation
15    Coordination Council that includes a range of public,
16    private, and voluntary sector stakeholders and
17    participants in the public health system. The Council
18    shall include the directors of State agencies and entities
19    with public health system responsibilities (or their
20    designees), including but not limited to the Department of
21    Public Health, Department of Human Services, Department of
22    Healthcare and Family Services, Environmental Protection
23    Agency, Illinois State Board of Education, Department on
24    Aging, Illinois Violence Prevention Authority, Department
25    of Agriculture, Department of Insurance, Department of
26    Financial and Professional Regulation, Department of

 

 

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1    Transportation, and Department of Commerce and Economic
2    Opportunity and the Chair of the State Board of Health.
3    The Council shall include representatives of local health
4    departments and individuals with expertise who represent
5    an array of organizations and constituencies engaged in
6    public health improvement and prevention, including
7    non-profit public interest groups, health issue groups,
8    faith community groups, health care providers, businesses
9    and employers, academic institutions, and community-based
10    organizations. The Governor shall endeavor to make the
11    membership of the Council representative of the racial,
12    ethnic, gender, socio-economic, and geographic diversity
13    of the State. The Governor shall designate one State
14    agency representative and one other non-governmental
15    member as co-chairs of the Council. The Governor shall
16    designate a member of the Governor's office to serve as
17    liaison to the Council and one or more State agencies to
18    provide or arrange for support to the Council. The members
19    of the SHIP Implementation Coordination Council for each
20    State Health Improvement Plan shall serve until the
21    delivery of the subsequent State Health Improvement Plan,
22    whereupon a new Council shall be appointed. Members of the
23    SHIP Planning Team may serve on the SHIP Implementation
24    Coordination Council if so appointed by the Governor.
25        Upon the delivery of each State Health Assessment and
26    State Health Improvement Plan, the SHA and SHIP

 

 

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1    Partnership The SHIP Implementation Coordination Council
2    shall coordinate the efforts and engagement of the public,
3    private, and voluntary sector stakeholders and
4    participants in the public health system to implement each
5    SHIP. The Partnership Council shall serve as a forum for
6    collaborative action; coordinate existing and new
7    initiatives; develop detailed implementation steps, with
8    mechanisms for action; implement specific projects;
9    identify public and private funding sources at the local,
10    State and federal level; promote public awareness of the
11    SHIP; and advocate for the implementation of the SHIP. The
12    SHA and SHIP Partnership shall implement strategies to
13    ensure that individuals and communities affected by health
14    disparities and health inequities are engaged in the
15    process throughout the 5-year cycle. The SHA and SHIP
16    Partnership shall regularly evaluate and update the State
17    Health Assessment and track implementation of the State
18    Health Improvement Plan with revisions as necessary. The
19    SHA and SHIP Partnership shall not have the authority to
20    direct any public or private entity to take specific
21    action to implement the SHIP. ; and develop an annual
22    report to the Governor, General Assembly, and public
23    regarding the status of implementation of the SHIP. The
24    Council shall not, however, have the authority to direct
25    any public or private entity to take specific action to
26    implement the SHIP.

 

 

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1        The SHA and SHIP Partnership shall regularly evaluate
2    and update the State Health Assessment and track
3    implementation of the State Health Improvement Plan with
4    revisions as necessary. The State Board of Health shall
5    submit a report by January 31 of each year on the status of
6    State Health Improvement Plan implementation and community
7    engagement activities to the Governor, General Assembly,
8    and public. In the fifth year, the report may be
9    consolidated into the new State Health Assessment and
10    State Health Improvement Plan.
11        (11) Upon the request of the Governor, to recommend to
12    the Governor candidates for Director of Public Health when
13    vacancies occur in the position.
14        (12) To adopt bylaws for the conduct of its own
15    business, including the authority to establish ad hoc
16    committees to address specific public health programs
17    requiring resolution.
18        (13) (Blank).
19    Upon appointment, the Board shall elect a chairperson from
20among its members.
21    Members of the Board shall receive compensation for their
22services at the rate of $150 per day, not to exceed $10,000 per
23year, as designated by the Director for each day required for
24transacting the business of the Board and shall be reimbursed
25for necessary expenses incurred in the performance of their
26duties. The Board shall meet from time to time at the call of

 

 

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1the Department, at the call of the chairperson, or upon the
2request of 3 of its members, but shall not meet less than 4
3times per year.
4    (b) (Blank).
5    (c) An Advisory Board on Necropsy Service to Coroners,
6which shall counsel and advise with the Director on the
7administration of the Autopsy Act. The Advisory Board shall
8consist of 11 members, including a senior citizen age 60 or
9over, appointed by the Governor, one of whom shall be
10designated as chairman by a majority of the members of the
11Board. In the appointment of the first Board the Governor
12shall appoint 3 members to serve for terms of 1 year, 3 for
13terms of 2 years, and 3 for terms of 3 years. The members first
14appointed under Public Act 83-1538 shall serve for a term of 3
15years. All members appointed thereafter shall be appointed for
16terms of 3 years, except that when an appointment is made to
17fill a vacancy, the appointment shall be for the remaining
18term of the position vacant. The members of the Board shall be
19citizens of the State of Illinois. In the appointment of
20members of the Advisory Board the Governor shall appoint 3
21members who shall be persons licensed to practice medicine and
22surgery in the State of Illinois, at least 2 of whom shall have
23received post-graduate training in the field of pathology; 3
24members who are duly elected coroners in this State; and 5
25members who shall have interest and abilities in the field of
26forensic medicine but who shall be neither persons licensed to

 

 

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1practice any branch of medicine in this State nor coroners. In
2the appointment of medical and coroner members of the Board,
3the Governor shall invite nominations from recognized medical
4and coroners organizations in this State respectively. Board
5members, while serving on business of the Board, shall receive
6actual necessary travel and subsistence expenses while so
7serving away from their places of residence.
8(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
9revised 7-17-19.)
 
10
Article 125.

 
11    Section 125-1. Short title. This Article may be cited as
12the Health and Human Services Task Force and Study Act.
13References in this Article to "this Act" mean this Article.
 
14    Section 125-5. Findings. The General Assembly finds that:
15        (1) The State is committed to improving the health and
16    well-being of Illinois residents and families.
17        (2) According to data collected by the Kaiser
18    Foundation, Illinois had over 905,000 uninsured residents
19    in 2019, with a total uninsured rate of 7.3%.
20        (3) Many Illinois residents and families who have
21    health insurance cannot afford to use it due to high
22    deductibles and cost sharing.
23        (4) Lack of access to affordable health care services

 

 

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1    disproportionately affects minority communities
2    throughout the State, leading to poorer health outcomes
3    among those populations.
4        (5) Illinois Medicaid beneficiaries are not receiving
5    the coordinated and effective care they need to support
6    their overall health and well-being.
7        (6) Illinois has an opportunity to improve the health
8    and well-being of a historically underserved and
9    vulnerable population by providing more coordinated and
10    higher quality care to its Medicaid beneficiaries.
11        (7) The State of Illinois has a responsibility to help
12    crime victims access justice, assistance, and the support
13    they need to heal.
14        (8) Research has shown that people who are repeatedly
15    victimized are more likely to face mental health problems
16    such as depression, anxiety, and symptoms related to
17    post-traumatic stress disorder and chronic trauma.
18        (9) Trauma-informed care has been promoted and
19    established in communities across the country on a
20    bipartisan basis, and numerous federal agencies have
21    integrated trauma-informed approaches into their programs
22    and grants, which should be leveraged by the State of
23    Illinois.
24        (10) Infants, children, and youth and their families
25    who have experienced or are at risk of experiencing
26    trauma, including those who are low-income, homeless,

 

 

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1    involved with the child welfare system, involved in the
2    juvenile or adult justice system, unemployed, or not
3    enrolled in or at risk of dropping out of an educational
4    institution and live in a community that has faced acute
5    or long-term exposure to substantial discrimination,
6    historical oppression, intergenerational poverty, a high
7    rate of violence or drug overdose deaths, should have an
8    opportunity for improved outcomes; this means increasing
9    access to greater opportunities to meet educational,
10    employment, health, developmental, community reentry,
11    permanency from foster care, or other key goals.
 
12    Section 125-10. Health and Human Services Task Force. The
13Health and Human Services Task Force is created within the
14Department of Human Services to undertake a systematic review
15of health and human service departments and programs with the
16goal of improving health and human service outcomes for
17Illinois residents.
 
18    Section 125-15. Study.
19    (1) The Task Force shall review all health and human
20service departments and programs and make recommendations for
21achieving a system that will improve interagency
22interoperability with respect to improving access to
23healthcare, healthcare disparities, workforce competency and
24diversity, social determinants of health, and data sharing and

 

 

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1collection. These recommendations shall include, but are not
2limited to, the following elements:
3        (i) impact on infant and maternal mortality;
4        (ii) impact of hospital closures, including safety-net
5    hospitals, on local communities; and
6        (iii) impact on Medicaid Managed Care Organizations.
7    (2) The Task Force shall review and make recommendations
8on ways the Medicaid program can partner and cooperate with
9other agencies, including but not limited to the Department of
10Agriculture, the Department of Insurance, the Department of
11Human Services, the Department of Labor, the Environmental
12Protection Agency, and the Department of Public Health, to
13better address social determinants of public health,
14including, but not limited to, food deserts, affordable
15housing, environmental pollutions, employment, education, and
16public support services. This shall include a review and
17recommendations on ways Medicaid and the agencies can share
18costs related to better health outcomes.
19    (3) The Task Force shall review the current partnership,
20communication, and cooperation between Federally Qualified
21Health Centers (FQHCs) and safety-net hospitals in Illinois
22and make recommendations on public policies that will improve
23interoperability and cooperations between these entities in
24order to achieve improved coordinated care and better health
25outcomes for vulnerable populations in the State.
26    (4) The Task Force shall review and examine public

 

 

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1policies affecting trauma and social determinants of health,
2including trauma-informed care, and make recommendations on
3ways to improve and integrate trauma-informed approaches into
4programs and agencies in the State, including, but not limited
5to, Medicaid and other health care programs administered by
6the State, and increase awareness of trauma and its effects on
7communities across Illinois.
8    (5) The Task Force shall review and examine the connection
9between access to education and health outcomes particularly
10in African American and minority communities and make
11recommendations on public policies to address any gaps or
12deficiencies.
 
13    Section 125-20. Membership; appointments; meetings;
14support.
15    (1) The Task Force shall include representation from both
16public and private organizations, and its membership shall
17reflect regional, racial, and cultural diversity to ensure
18representation of the needs of all Illinois citizens. Task
19Force members shall include one member appointed by the
20President of the Senate, one member appointed by the Minority
21Leader of the Senate, one member appointed by the Speaker of
22the House of Representatives, one member appointed by the
23Minority Leader of the House of Representatives, and other
24members appointed by the Governor. The Governor's appointments
25shall include, without limitation, the following:

 

 

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1        (A) One member of the Senate, appointed by the Senate
2    President, who shall serve as Co-Chair;
3        (B) One member of the House of Representatives,
4    appointed by the Speaker of the House, who shall serve as
5    Co-Chair;
6        (C) Eight members of the General Assembly representing
7    each of the majority and minority caucuses of each
8    chamber.
9        (D) The Directors or Secretaries of the following
10    State agencies or their designees:
11            (i) Department of Human Services.
12            (ii) Department of Children and Family Services.
13            (iii) Department of Healthcare and Family
14        Services.
15            (iv) State Board of Education.
16            (v) Department on Aging.
17            (vi) Department of Public Health.
18            (vii) Department of Veterans' Affairs.
19            (viii) Department of Insurance.
20        (E) Local government stakeholders and nongovernmental
21    stakeholders with an interest in human services, including
22    representation among the following private-sector fields
23    and constituencies:
24            (i) Early childhood education and development.
25            (ii) Child care.
26            (iii) Child welfare.

 

 

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1            (iv) Youth services.
2            (v) Developmental disabilities.
3            (vi) Mental health.
4            (vii) Employment and training.
5            (viii) Sexual and domestic violence.
6            (ix) Alcohol and substance abuse.
7            (x) Local community collaborations among human
8        services programs.
9            (xi) Immigrant services.
10            (xii) Affordable housing.
11            (xiii) Food and nutrition.
12            (xiv) Homelessness.
13            (xv) Older adults.
14            (xvi) Physical disabilities.
15            (xvii) Maternal and child health.
16            (xviii) Medicaid managed care organizations.
17            (xix) Healthcare delivery.
18            (xx) Health insurance.
19    (2) Members shall serve without compensation for the
20duration of the Task Force.
21    (3) In the event of a vacancy, the appointment to fill the
22vacancy shall be made in the same manner as the original
23appointment.
24    (4) The Task Force shall convene within 60 days after the
25effective date of this Act. The initial meeting of the Task
26Force shall be convened by the co-chair selected by the

 

 

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1Governor. Subsequent meetings shall convene at the call of the
2co-chairs. The Task Force shall meet on a quarterly basis, or
3more often if necessary.
4    (5) The Department of Human Services shall provide
5administrative support to the Task Force.
 
6    Section 125-25. Report. The Task Force shall report to the
7Governor and the General Assembly on the Task Force's progress
8toward its goals and objectives by June 30, 2021, and every
9June 30 thereafter.
 
10    Section 125-30. Transparency. In addition to whatever
11policies or procedures it may adopt, all operations of the
12Task Force shall be subject to the provisions of the Freedom of
13Information Act and the Open Meetings Act. This Section shall
14not be construed so as to preclude other State laws from
15applying to the Task Force and its activities.
 
16    Section 125-40. Repeal. This Article is repealed June 30,
172023.
 
18
Article 130.

 
19    Section 130-1. Short title. This Article may be cited as
20the Anti-Racism Commission Act. References in this Article to
21"this Act" mean this Article.
 

 

 

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1    Section 130-5. Findings. The General Assembly finds and
2declares all of the following:
3        (1) Public health is the science and art of preventing
4    disease, of protecting and improving the health of people,
5    entire populations, and their communities; this work is
6    achieved by promoting healthy lifestyles and choices,
7    researching disease, and preventing injury.
8        (2) Public health professionals try to prevent
9    problems from happening or recurring through implementing
10    educational programs, recommending policies,
11    administering services, and limiting health disparities
12    through the promotion of equitable and accessible
13    healthcare.
14        (3) According to the Centers for Disease Control and
15    Prevention, racism and segregation in the State of
16    Illinois have exacerbated a health divide, resulting in
17    Black residents having lower life expectancies than white
18    citizens of this State and being far more likely than
19    other races to die prematurely (before the age of 75) and
20    to die of heart disease or stroke; Black residents of
21    Illinois have a higher level of infant mortality, lower
22    birth weight babies, and are more likely to be overweight
23    or obese as adults, have adult diabetes, and have
24    long-term complications from diabetes that exacerbate
25    other conditions, including the susceptibility to

 

 

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1    COVID-19.
2        (4) Black and Brown people are more likely to
3    experience poor health outcomes as a consequence of their
4    social determinants of health, health inequities stemming
5    from economic instability, education, physical
6    environment, food, and access to health care systems.
7        (5) Black residents in Illinois are more likely than
8    white residents to experience violence-related trauma as a
9    result of socioeconomic conditions resulting from systemic
10    racism.
11        (6) Racism is a social system with multiple dimensions
12    in which individual racism is internalized or
13    interpersonal and systemic racism is institutional or
14    structural and is a system of structuring opportunity and
15    assigning value based on the social interpretation of how
16    one looks; this unfairly disadvantages specific
17    individuals and communities, while unfairly giving
18    advantages to other individuals and communities; it saps
19    the strength of the whole society through the waste of
20    human resources.
21        (7) Racism causes persistent racial discrimination
22    that influences many areas of life, including housing,
23    education, employment, and criminal justice; an emerging
24    body of research demonstrates that racism itself is a
25    social determinant of health.
26        (8) More than 100 studies have linked racism to worse

 

 

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1    health outcomes.
2        (9) The American Public Health Association launched a
3    National Campaign against Racism.
4        (10) Public health's responsibilities to address
5    racism include reshaping our discourse and agenda so that
6    we all actively engage in racial justice work.
 
7    Section 130-10. Anti-Racism Commission.
8    (a) The Anti-Racism Commission is hereby created to
9identify and propose statewide policies to eliminate systemic
10racism and advance equitable solutions for Black and Brown
11people in Illinois.
12    (b) The Anti-Racism Commission shall consist of the
13following members, who shall serve without compensation:
14        (1) one member of the House of Representatives,
15    appointed by the Speaker of the House of Representatives,
16    who shall serve as co-chair;
17        (2) one member of the Senate, appointed by the Senate
18    President, who shall serve as co-chair;
19        (3) one member of the House of Representatives,
20    appointed by the Minority Leader of the House of
21    Representatives;
22        (4) one member of the Senate, appointed by the
23    Minority Leader of the Senate;
24        (5) the Director of Public Health, or his or her
25    designee;

 

 

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1        (6) the Chair of the House Black Caucus;
2        (7) the Chair of the Senate Black Caucus;
3        (8) the Chair of the Joint Legislative Black Caucus;
4        (9) the director of a statewide association
5    representing public health departments, appointed by the
6    Speaker of the House of Representatives;
7        (10) the Chair of the House Latino Caucus;
8        (11) the Chair of the Senate Latino Caucus;
9        (12) one community member appointed by the House Black
10    Caucus Chair;
11        (13) one community member appointed by the Senate
12    Black Caucus Chair;
13        (14) one community member appointed by the House
14    Latino Caucus Chair; and
15        (15) one community member appointed by the Senate
16    Latino Caucus Chair.
17    (c) The Department of Public Health shall provide
18administrative support for the Commission.
19    (d) The Commission is charged with, but not limited to,
20the following tasks:
21        (1) Working to create an equity and justice-oriented
22    State government.
23        (2) Assessing the policy and procedures of all State
24    agencies to ensure racial equity is a core element of
25    State government.
26        (3) Developing and incorporating into the

 

 

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1    organizational structure of State government a plan for
2    educational efforts to understand, address, and dismantle
3    systemic racism in government actions.
4        (4) Recommending and advocating for policies that
5    improve health in Black and Brown people and support
6    local, State, regional, and federal initiatives that
7    advance efforts to dismantle systemic racism.
8        (5) Working to build alliances and partnerships with
9    organizations that are confronting racism and encouraging
10    other local, State, regional, and national entities to
11    recognize racism as a public health crisis.
12        (6) Promoting community engagement, actively engaging
13    citizens on issues of racism and assisting in providing
14    tools to engage actively and authentically with Black and
15    Brown people.
16        (7) Reviewing all portions of codified State laws
17    through the lens of racial equity.
18        (8) Working with the Department of Central Management
19    Services to update policies that encourage diversity in
20    human resources, including hiring, board appointments, and
21    vendor selection by agencies, and to review all grant
22    management activities with an eye toward equity and
23    workforce development.
24        (9) Recommending policies that promote racially
25    equitable economic and workforce development practices.
26        (10) Promoting and supporting all policies that

 

 

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1    prioritize the health of all people, especially people of
2    color, by mitigating exposure to adverse childhood
3    experiences and trauma in childhood and ensuring
4    implementation of health and equity in all policies.
5        (11) Encouraging community partners and stakeholders
6    in the education, employment, housing, criminal justice,
7    and safety arenas to recognize racism as a public health
8    crisis and to implement policy recommendations.
9        (12) Identifying clear goals and objectives, including
10    specific benchmarks, to assess progress.
11        (13) Holding public hearings across Illinois to
12    continue to explore and to recommend needed action by the
13    General Assembly.
14        (14) Working with the Governor and the General
15    Assembly to identify the necessary funds to support the
16    Anti-Racism Commission and its endeavors.
17        (15) Identifying resources to allocate to Black and
18    Brown communities on an annual basis.
19        (16) Encouraging corporate investment in anti-racism
20    policies in Black and Brown communities.
21    (e) The Commission shall submit its final report to the
22Governor and the General Assembly no later than December 31,
232021. The Commission is dissolved upon the filing of its
24report.
 
25    Section 130-15. Repeal. This Article is repealed on

 

 

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1January 1, 2023.
 
2
Article 131.

 
3    Section 131-1. Short title. This Article may be cited as
4the Sickle Cell Prevention, Care, and Treatment Program Act.
5References in this Article to "this Act" mean this Article.
 
6    Section 131-5. Definitions. As used in this Act:
7    "Department" means the Department of Public Health.
8    "Program" means the Sickle Cell Prevention, Care, and
9Treatment Program.
 
10    Section 131-10. Sickle Cell Prevention, Care, and
11Treatment Program. The Department shall establish a grant
12program for the purpose of providing for the prevention, care,
13and treatment of sickle cell disease and for educational
14programs concerning the disease.
 
15    Section 131-15. Grants; eligibility standards.
16    (a) The Department shall do the following:
17        (1)(A) Develop application criteria and standards of
18    eligibility for groups or organizations who apply for
19    funds under the program.
20        (B) Make available grants to groups and organizations
21    who meet the eligibility standards set by the Department.

 

 

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1    However:
2            (i) the highest priority for grants shall be
3        accorded to established sickle cell disease
4        community-based organizations throughout Illinois; and
5            (ii) priority shall also be given to ensuring the
6        establishment of sickle cell disease centers in
7        underserved areas that have a higher population of
8        sickle cell disease patients.
9        (2) Determine the maximum amount available for each
10    grant provided under subparagraph (B) of paragraph (1).
11        (3) Determine policies for the expiration and renewal
12    of grants provided under subparagraph (B) of paragraph
13    (1).
14        (4) Require that all grant funds be used for the
15    purpose of prevention, care, and treatment of sickle cell
16    disease or for educational programs concerning the
17    disease. Grant funds shall be used for one or more of the
18    following purposes:
19            (A) Assisting in the development and expansion of
20        care for the treatment of individuals with sickle cell
21        disease, particularly for adults, including the
22        following types of care:
23                (i) Self-administered care.
24                (ii) Preventive care.
25                (iii) Home care.
26                (iv) Other evidence-based medical procedures

 

 

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1            and techniques designed to provide maximum control
2            over sickling episodes typical of occurring to an
3            individual with the disease.
4            (B) Increasing access to health care for
5        individuals with sickle cell disease.
6            (C) Establishing additional sickle cell disease
7        infusion centers.
8            (D) Increasing access to mental health resources
9        and pain management therapies for individuals with
10        sickle cell disease.
11            (E) Providing counseling to any individual, at no
12        cost, concerning sickle cell disease and sickle cell
13        trait, and the characteristics, symptoms, and
14        treatment of the disease.
15                (i) The counseling described in this
16            subparagraph (E) may consist of any of the
17            following:
18                    (I) Genetic counseling for an individual
19                who tests positive for the sickle cell trait.
20                    (II) Psychosocial counseling for an
21                individual who tests positive for sickle cell
22                disease, including any of the following:
23                        (aa) Social service counseling.
24                        (bb) Psychological counseling.
25                        (cc) Psychiatric counseling.
26        (5) Develop a sickle cell disease educational outreach

 

 

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1    program that includes the dissemination of educational
2    materials to the following concerning sickle cell disease
3    and sickle cell trait:
4            (A) Medical residents.
5            (B) Immigrants.
6            (C) Schools and universities.
7        (6) Adopt any rules necessary to implement the
8    provisions of this Act.
9    (b) The Department may contract with an entity to
10implement the sickle cell disease educational outreach program
11described in paragraph (5) of subsection (a).
 
12    Section 131-20. Sickle Cell Chronic Disease Fund.
13    (a) The Sickle Cell Chronic Disease Fund is created as a
14special fund in the State treasury for the purpose of carrying
15out the provisions of this Act and for no other purpose. The
16Fund shall be administered by the Department.
17    (b) The Fund shall consist of:
18        (1) Any moneys appropriated to the Department for the
19    Sickle Cell Prevention, Care, and Treatment Program.
20        (2) Gifts, bequests, and other sources of funding.
21        (3) All interest earned on moneys in the Fund.
 
22    Section 131-25. Study.
23    (a) Before July 1, 2022, and on a biennial basis
24thereafter, the Department, with the assistance of:

 

 

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1        (1) the Center for Minority Health Services;
2        (2) health care providers that treat individuals with
3    sickle cell disease;
4        (3) individuals diagnosed with sickle cell disease;
5        (4) representatives of community-based organizations
6    that serve individuals with sickle cell disease; and
7        (5) data collected via newborn screening for sickle
8    cell disease;
9shall perform a study to determine the prevalence, impact, and
10needs of individuals with sickle cell disease and the sickle
11cell trait in Illinois.
12    (b) The study must include the following:
13        (1) The prevalence, by geographic location, of
14    individuals diagnosed with sickle cell disease in
15    Illinois.
16        (2) The prevalence, by geographic location, of
17    individuals diagnosed as sickle cell trait carriers in
18    Illinois.
19        (3) The availability and affordability of screening
20    services in Illinois for the sickle cell trait.
21        (4) The location and capacity of the following for the
22    treatment of sickle cell disease and sickle cell trait
23    carriers:
24            (A) Treatment centers.
25            (B) Clinics.
26            (C) Community-based social service organizations.

 

 

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1            (D) Medical specialists.
2        (5) The unmet medical, psychological, and social needs
3    encountered by individuals in Illinois with sickle cell
4    disease.
5        (6) The underserved areas of Illinois for the
6    treatment of sickle cell disease.
7        (7) Recommendations for actions to address any
8    shortcomings in the State identified under this Section.
9    (c) The Department shall submit a report on the study
10performed under this Section to the General Assembly.
 
11    Section 131-30. Implementation subject to appropriation.
12Implementation of this Act is subject to appropriation.
 
13    Section 131-90. The State Finance Act is amended by adding
14Section 5.937 as follows:
 
15    (30 ILCS 105/5.937 new)
16    Sec. 5.937. The Sickle Cell Chronic Disease Fund.
 
17
Title VII. Hospital Closure

 
18
Article 135.

 
19    Section 135-5. The Illinois Health Facilities Planning Act
20is amended by changing Sections 4, 5.4, and 8.7 as follows:
 

 

 

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1    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
2    (Section scheduled to be repealed on December 31, 2029)
3    Sec. 4. Health Facilities and Services Review Board;
4membership; appointment; term; compensation; quorum.
5    (a) There is created the Health Facilities and Services
6Review Board, which shall perform the functions described in
7this Act. The Department shall provide operational support to
8the Board as necessary, including the provision of office
9space, supplies, and clerical, financial, and accounting
10services. The Board may contract for functions or operational
11support as needed. The Board may also contract with experts
12related to specific health services or facilities and create
13technical advisory panels to assist in the development of
14criteria, standards, and procedures used in the evaluation of
15applications for permit and exemption.
16    (b) The State Board shall consist of 11 9 voting members.
17All members shall be residents of Illinois and at least 4 shall
18reside outside the Chicago Metropolitan Statistical Area.
19Consideration shall be given to potential appointees who
20reflect the ethnic and cultural diversity of the State.
21Neither Board members nor Board staff shall be convicted
22felons or have pled guilty to a felony.
23    Each member shall have a reasonable knowledge of the
24practice, procedures and principles of the health care
25delivery system in Illinois, including at least 5 members who

 

 

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1shall be knowledgeable about health care delivery systems,
2health systems planning, finance, or the management of health
3care facilities currently regulated under the Act. One member
4shall be a representative of a non-profit health care consumer
5advocacy organization. One member shall be a representative
6from the community with experience on the effects of
7discontinuing health care services or the closure of health
8care facilities on the surrounding community; provided,
9however, that all other members of the Board shall be
10appointed before this member shall be appointed. A spouse,
11parent, sibling, or child of a Board member cannot be an
12employee, agent, or under contract with services or facilities
13subject to the Act. Prior to appointment and in the course of
14service on the Board, members of the Board shall disclose the
15employment or other financial interest of any other relative
16of the member, if known, in service or facilities subject to
17the Act. Members of the Board shall declare any conflict of
18interest that may exist with respect to the status of those
19relatives and recuse themselves from voting on any issue for
20which a conflict of interest is declared. No person shall be
21appointed or continue to serve as a member of the State Board
22who is, or whose spouse, parent, sibling, or child is, a member
23of the Board of Directors of, has a financial interest in, or
24has a business relationship with a health care facility.
25    Notwithstanding any provision of this Section to the
26contrary, the term of office of each member of the State Board

 

 

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1serving on the day before the effective date of this
2amendatory Act of the 96th General Assembly is abolished on
3the date upon which members of the 9-member Board, as
4established by this amendatory Act of the 96th General
5Assembly, have been appointed and can begin to take action as a
6Board.
7    (c) The State Board shall be appointed by the Governor,
8with the advice and consent of the Senate. Not more than 6 5 of
9the appointments shall be of the same political party at the
10time of the appointment.
11    The Secretary of Human Services, the Director of
12Healthcare and Family Services, and the Director of Public
13Health, or their designated representatives, shall serve as
14ex-officio, non-voting members of the State Board.
15    (d) Of those 9 members initially appointed by the Governor
16following the effective date of this amendatory Act of the
1796th General Assembly, 3 shall serve for terms expiring July
181, 2011, 3 shall serve for terms expiring July 1, 2012, and 3
19shall serve for terms expiring July 1, 2013. Thereafter, each
20appointed member shall hold office for a term of 3 years,
21provided that any member appointed to fill a vacancy occurring
22prior to the expiration of the term for which his or her
23predecessor was appointed shall be appointed for the remainder
24of such term and the term of office of each successor shall
25commence on July 1 of the year in which his predecessor's term
26expires. Each member shall hold office until his or her

 

 

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1successor is appointed and qualified. The Governor may
2reappoint a member for additional terms, but no member shall
3serve more than 3 terms, subject to review and re-approval
4every 3 years.
5    (e) State Board members, while serving on business of the
6State Board, shall receive actual and necessary travel and
7subsistence expenses while so serving away from their places
8of residence. Until March 1, 2010, a member of the State Board
9who experiences a significant financial hardship due to the
10loss of income on days of attendance at meetings or while
11otherwise engaged in the business of the State Board may be
12paid a hardship allowance, as determined by and subject to the
13approval of the Governor's Travel Control Board.
14    (f) The Governor shall designate one of the members to
15serve as the Chairman of the Board, who shall be a person with
16expertise in health care delivery system planning, finance or
17management of health care facilities that are regulated under
18the Act. The Chairman shall annually review Board member
19performance and shall report the attendance record of each
20Board member to the General Assembly.
21    (g) The State Board, through the Chairman, shall prepare a
22separate and distinct budget approved by the General Assembly
23and shall hire and supervise its own professional staff
24responsible for carrying out the responsibilities of the
25Board.
26    (h) The State Board shall meet at least every 45 days, or

 

 

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1as often as the Chairman of the State Board deems necessary, or
2upon the request of a majority of the members.
3    (i) Six Five members of the State Board shall constitute a
4quorum. The affirmative vote of 6 5 of the members of the State
5Board shall be necessary for any action requiring a vote to be
6taken by the State Board. A vacancy in the membership of the
7State Board shall not impair the right of a quorum to exercise
8all the rights and perform all the duties of the State Board as
9provided by this Act.
10    (j) A State Board member shall disqualify himself or
11herself from the consideration of any application for a permit
12or exemption in which the State Board member or the State Board
13member's spouse, parent, sibling, or child: (i) has an
14economic interest in the matter; or (ii) is employed by,
15serves as a consultant for, or is a member of the governing
16board of the applicant or a party opposing the application.
17    (k) The Chairman, Board members, and Board staff must
18comply with the Illinois Governmental Ethics Act.
19(Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)
 
20    (20 ILCS 3960/5.4)
21    (Section scheduled to be repealed on December 31, 2029)
22    Sec. 5.4. Safety Net Impact Statement.
23    (a) General review criteria shall include a requirement
24that all health care facilities, with the exception of skilled
25and intermediate long-term care facilities licensed under the

 

 

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1Nursing Home Care Act, provide a Safety Net Impact Statement,
2which shall be filed with an application for a substantive
3project or when the application proposes to discontinue a
4category of service.
5    (b) For the purposes of this Section, "safety net
6services" are services provided by health care providers or
7organizations that deliver health care services to persons
8with barriers to mainstream health care due to lack of
9insurance, inability to pay, special needs, ethnic or cultural
10characteristics, or geographic isolation. Safety net service
11providers include, but are not limited to, hospitals and
12private practice physicians that provide charity care,
13school-based health centers, migrant health clinics, rural
14health clinics, federally qualified health centers, community
15health centers, public health departments, and community
16mental health centers.
17    (c) As developed by the applicant, a Safety Net Impact
18Statement shall describe all of the following:
19        (1) The project's material impact, if any, on
20    essential safety net services in the community, including
21    the impact on racial and health care disparities in the
22    community, to the extent that it is feasible for an
23    applicant to have such knowledge.
24        (2) The project's impact on the ability of another
25    provider or health care system to cross-subsidize safety
26    net services, if reasonably known to the applicant.

 

 

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1        (3) How the discontinuation of a facility or service
2    might impact the remaining safety net providers in a given
3    community, if reasonably known by the applicant.
4    (d) Safety Net Impact Statements shall also include all of
5the following:
6        (1) For the 3 fiscal years prior to the application, a
7    certification describing the amount of charity care
8    provided by the applicant. The amount calculated by
9    hospital applicants shall be in accordance with the
10    reporting requirements for charity care reporting in the
11    Illinois Community Benefits Act. Non-hospital applicants
12    shall report charity care, at cost, in accordance with an
13    appropriate methodology specified by the Board.
14        (2) For the 3 fiscal years prior to the application, a
15    certification of the amount of care provided to Medicaid
16    patients. Hospital and non-hospital applicants shall
17    provide Medicaid information in a manner consistent with
18    the information reported each year to the State Board
19    regarding "Inpatients and Outpatients Served by Payor
20    Source" and "Inpatient and Outpatient Net Revenue by Payor
21    Source" as required by the Board under Section 13 of this
22    Act and published in the Annual Hospital Profile.
23        (3) Any information the applicant believes is directly
24    relevant to safety net services, including information
25    regarding teaching, research, and any other service.
26    (e) The Board staff shall publish a notice, that an

 

 

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1application accompanied by a Safety Net Impact Statement has
2been filed, in a newspaper having general circulation within
3the area affected by the application. If no newspaper has a
4general circulation within the county, the Board shall post
5the notice in 5 conspicuous places within the proposed area.
6    (f) Any person, community organization, provider, or
7health system or other entity wishing to comment upon or
8oppose the application may file a Safety Net Impact Statement
9Response with the Board, which shall provide additional
10information concerning a project's impact on safety net
11services in the community.
12    (g) Applicants shall be provided an opportunity to submit
13a reply to any Safety Net Impact Statement Response.
14    (h) The State Board Staff Report shall include a statement
15as to whether a Safety Net Impact Statement was filed by the
16applicant and whether it included information on charity care,
17the amount of care provided to Medicaid patients, and
18information on teaching, research, or any other service
19provided by the applicant directly relevant to safety net
20services. The report shall also indicate the names of the
21parties submitting responses and the number of responses and
22replies, if any, that were filed.
23(Source: P.A. 100-518, eff. 6-1-18.)
 
24    (20 ILCS 3960/8.7)
25    (Section scheduled to be repealed on December 31, 2029)

 

 

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1    Sec. 8.7. Application for permit for discontinuation of a
2health care facility or category of service; public notice and
3public hearing.
4    (a) Upon a finding that an application to close a health
5care facility or discontinue a category of service is
6complete, the State Board shall publish a legal notice on 3
7consecutive days in a newspaper of general circulation in the
8area or community to be affected and afford the public an
9opportunity to request a hearing. If the application is for a
10facility located in a Metropolitan Statistical Area, an
11additional legal notice shall be published in a newspaper of
12limited circulation, if one exists, in the area in which the
13facility is located. If the newspaper of limited circulation
14is published on a daily basis, the additional legal notice
15shall be published on 3 consecutive days. The legal notice
16shall also be posted on the Health Facilities and Services
17Review Board's website and sent to the State Representative
18and State Senator of the district in which the health care
19facility is located. In addition, the health care facility
20shall provide notice of closure to the local media that the
21health care facility would routinely notify about facility
22events.
23    An application to close a health care facility shall only
24be deemed complete if it includes evidence that the health
25care facility provided written notice at least 30 days prior
26to filing the application of its intent to do so to the

 

 

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1municipality in which it is located, the State Representative
2and State Senator of the district in which the health care
3facility is located, the State Board, the Director of Public
4Health, and the Director of Healthcare and Family Services.
5The changes made to this subsection by this amendatory Act of
6the 101st General Assembly shall apply to all applications
7submitted after the effective date of this amendatory Act of
8the 101st General Assembly.
9    (b) No later than 30 days after issuance of a permit to
10close a health care facility or discontinue a category of
11service, the permit holder shall give written notice of the
12closure or discontinuation to the State Senator and State
13Representative serving the legislative district in which the
14health care facility is located.
15    (c)(1) If there is a pending lawsuit that challenges an
16application to discontinue a health care facility that either
17names the Board as a party or alleges fraud in the filing of
18the application, the Board may defer action on the application
19for up to 6 months after the date of the initial deferral of
20the application.
21    (2) The Board may defer action on an application to
22discontinue a hospital that is pending before the Board as of
23the effective date of this amendatory Act of the 102nd General
24Assembly for up to 60 days after the effective date of this
25amendatory Act of the 102nd General Assembly.
26    (3) The Board may defer taking final action on an

 

 

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1application to discontinue a hospital that is filed on or
2after January 12, 2021, until the earlier to occur of: (i) the
3expiration of the statewide disaster declaration proclaimed by
4the Governor of the State of Illinois due to the COVID-19
5pandemic that is in effect on January 12, 2021, or any
6extension thereof, or July 1, 2021, whichever occurs later; or
7(ii) the expiration of the declaration of a public health
8emergency due to the COVID-19 pandemic as declared by the
9Secretary of the U.S. Department of Health and Human Services
10that is in effect on January 12, 2021, or any extension
11thereof, or July 1, 2021, whichever occurs later. This
12paragraph (3) is repealed as of the date of the expiration of
13the statewide disaster declaration proclaimed by the Governor
14of the State of Illinois due to the COVID-19 pandemic that is
15in effect on January 12, 2021, or any extension thereof, or
16July 1, 2021, whichever occurs later.
17    (d) The changes made to this Section by this amendatory
18Act of the 101st General Assembly shall apply to all
19applications submitted after the effective date of this
20amendatory Act of the 101st General Assembly.
21(Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.)
 
22
Title VIII. Managed Care Organization Reform

 
23
Article 150.

 

 

 

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1    Section 150-5. The Illinois Public Aid Code is amended by
2changing Section 5-30.1 as follows:
 
3    (305 ILCS 5/5-30.1)
4    Sec. 5-30.1. Managed care protections.
5    (a) As used in this Section:
6    "Managed care organization" or "MCO" means any entity
7which contracts with the Department to provide services where
8payment for medical services is made on a capitated basis.
9    "Emergency services" include:
10        (1) emergency services, as defined by Section 10 of
11    the Managed Care Reform and Patient Rights Act;
12        (2) emergency medical screening examinations, as
13    defined by Section 10 of the Managed Care Reform and
14    Patient Rights Act;
15        (3) post-stabilization medical services, as defined by
16    Section 10 of the Managed Care Reform and Patient Rights
17    Act; and
18        (4) emergency medical conditions, as defined by
19    Section 10 of the Managed Care Reform and Patient Rights
20    Act.
21    (b) As provided by Section 5-16.12, managed care
22organizations are subject to the provisions of the Managed
23Care Reform and Patient Rights Act.
24    (c) An MCO shall pay any provider of emergency services
25that does not have in effect a contract with the contracted

 

 

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1Medicaid MCO. The default rate of reimbursement shall be the
2rate paid under Illinois Medicaid fee-for-service program
3methodology, including all policy adjusters, including but not
4limited to Medicaid High Volume Adjustments, Medicaid
5Percentage Adjustments, Outpatient High Volume Adjustments,
6and all outlier add-on adjustments to the extent such
7adjustments are incorporated in the development of the
8applicable MCO capitated rates.
9    (d) An MCO shall pay for all post-stabilization services
10as a covered service in any of the following situations:
11        (1) the MCO authorized such services;
12        (2) such services were administered to maintain the
13    enrollee's stabilized condition within one hour after a
14    request to the MCO for authorization of further
15    post-stabilization services;
16        (3) the MCO did not respond to a request to authorize
17    such services within one hour;
18        (4) the MCO could not be contacted; or
19        (5) the MCO and the treating provider, if the treating
20    provider is a non-affiliated provider, could not reach an
21    agreement concerning the enrollee's care and an affiliated
22    provider was unavailable for a consultation, in which case
23    the MCO must pay for such services rendered by the
24    treating non-affiliated provider until an affiliated
25    provider was reached and either concurred with the
26    treating non-affiliated provider's plan of care or assumed

 

 

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1    responsibility for the enrollee's care. Such payment shall
2    be made at the default rate of reimbursement paid under
3    Illinois Medicaid fee-for-service program methodology,
4    including all policy adjusters, including but not limited
5    to Medicaid High Volume Adjustments, Medicaid Percentage
6    Adjustments, Outpatient High Volume Adjustments and all
7    outlier add-on adjustments to the extent that such
8    adjustments are incorporated in the development of the
9    applicable MCO capitated rates.
10    (e) The following requirements apply to MCOs in
11determining payment for all emergency services:
12        (1) MCOs shall not impose any requirements for prior
13    approval of emergency services.
14        (2) The MCO shall cover emergency services provided to
15    enrollees who are temporarily away from their residence
16    and outside the contracting area to the extent that the
17    enrollees would be entitled to the emergency services if
18    they still were within the contracting area.
19        (3) The MCO shall have no obligation to cover medical
20    services provided on an emergency basis that are not
21    covered services under the contract.
22        (4) The MCO shall not condition coverage for emergency
23    services on the treating provider notifying the MCO of the
24    enrollee's screening and treatment within 10 days after
25    presentation for emergency services.
26        (5) The determination of the attending emergency

 

 

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1    physician, or the provider actually treating the enrollee,
2    of whether an enrollee is sufficiently stabilized for
3    discharge or transfer to another facility, shall be
4    binding on the MCO. The MCO shall cover emergency services
5    for all enrollees whether the emergency services are
6    provided by an affiliated or non-affiliated provider.
7        (6) The MCO's financial responsibility for
8    post-stabilization care services it has not pre-approved
9    ends when:
10            (A) a plan physician with privileges at the
11        treating hospital assumes responsibility for the
12        enrollee's care;
13            (B) a plan physician assumes responsibility for
14        the enrollee's care through transfer;
15            (C) a contracting entity representative and the
16        treating physician reach an agreement concerning the
17        enrollee's care; or
18            (D) the enrollee is discharged.
19    (f) Network adequacy and transparency.
20        (1) The Department shall:
21            (A) ensure that an adequate provider network is in
22        place, taking into consideration health professional
23        shortage areas and medically underserved areas;
24            (B) publicly release an explanation of its process
25        for analyzing network adequacy;
26            (C) periodically ensure that an MCO continues to

 

 

HB0158- 204 -LRB102 10244 CPF 15570 b

1        have an adequate network in place; and
2            (D) require MCOs, including Medicaid Managed Care
3        Entities as defined in Section 5-30.2, to meet
4        provider directory requirements under Section 5-30.3;
5        and .
6            (E) require MCOs to ensure that any
7        Medicaid-certified provider under contract with an MCO
8        and previously submitted on a roster on the date of
9        service is paid for any medically necessary,
10        Medicaid-covered, and authorized service rendered to
11        any of the MCO's enrollees, regardless of inclusion on
12        the MCO's published and publicly available directory
13        of available providers.
14        (2) Each MCO shall confirm its receipt of information
15    submitted specific to physician or dentist additions or
16    physician or dentist deletions from the MCO's provider
17    network within 3 days after receiving all required
18    information from contracted physicians or dentists, and
19    electronic physician and dental directories must be
20    updated consistent with current rules as published by the
21    Centers for Medicare and Medicaid Services or its
22    successor agency.
23    (g) Timely payment of claims.
24        (1) The MCO shall pay a claim within 30 days of
25    receiving a claim that contains all the essential
26    information needed to adjudicate the claim.

 

 

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1        (2) The MCO shall notify the billing party of its
2    inability to adjudicate a claim within 30 days of
3    receiving that claim.
4        (3) The MCO shall pay a penalty that is at least equal
5    to the timely payment interest penalty imposed under
6    Section 368a of the Illinois Insurance Code for any claims
7    not timely paid.
8            (A) When an MCO is required to pay a timely payment
9        interest penalty to a provider, the MCO must calculate
10        and pay the timely payment interest penalty that is
11        due to the provider within 30 days after the payment of
12        the claim. In no event shall a provider be required to
13        request or apply for payment of any owed timely
14        payment interest penalties.
15            (B) Such payments shall be reported separately
16        from the claim payment for services rendered to the
17        MCO's enrollee and clearly identified as interest
18        payments.
19        (4)(A) The Department shall require MCOs to expedite
20    payments to providers identified on the Department's
21    expedited provider list, determined in accordance with 89
22    Ill. Adm. Code 140.71(b), on a schedule at least as
23    frequently as the providers are paid under the
24    Department's fee-for-service expedited provider schedule.
25            (B) Compliance with the expedited provider
26        requirement may be satisfied by an MCO through the use

 

 

HB0158- 206 -LRB102 10244 CPF 15570 b

1        of a Periodic Interim Payment (PIP) program that has
2        been mutually agreed to and documented between the MCO
3        and the provider, if and the PIP program ensures that
4        any expedited provider receives regular and periodic
5        payments based on prior period payment experience from
6        that MCO. Total payments under the PIP program may be
7        reconciled against future PIP payments on a schedule
8        mutually agreed to between the MCO and the provider.
9            (C) The Department shall share at least monthly
10        its expedited provider list and the frequency with
11        which it pays providers on the expedited list.
12    (g-5) Recognizing that the rapid transformation of the
13Illinois Medicaid program may have unintended operational
14challenges for both payers and providers:
15        (1) in no instance shall a medically necessary covered
16    service rendered in good faith, based upon eligibility
17    information documented by the provider, be denied coverage
18    or diminished in payment amount if the eligibility or
19    coverage information available at the time the service was
20    rendered is later found to be inaccurate in the assignment
21    of coverage responsibility between MCOs or the
22    fee-for-service system, except for instances when an
23    individual is deemed to have not been eligible for
24    coverage under the Illinois Medicaid program; and
25        (2) the Department shall, by December 31, 2016, adopt
26    rules establishing policies that shall be included in the

 

 

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1    Medicaid managed care policy and procedures manual
2    addressing payment resolutions in situations in which a
3    provider renders services based upon information obtained
4    after verifying a patient's eligibility and coverage plan
5    through either the Department's current enrollment system
6    or a system operated by the coverage plan identified by
7    the patient presenting for services:
8            (A) such medically necessary covered services
9        shall be considered rendered in good faith;
10            (B) such policies and procedures shall be
11        developed in consultation with industry
12        representatives of the Medicaid managed care health
13        plans and representatives of provider associations
14        representing the majority of providers within the
15        identified provider industry; and
16            (C) such rules shall be published for a review and
17        comment period of no less than 30 days on the
18        Department's website with final rules remaining
19        available on the Department's website.
20    The rules on payment resolutions shall include, but not be
21limited to:
22        (A) the extension of the timely filing period;
23        (B) retroactive prior authorizations; and
24        (C) guaranteed minimum payment rate of no less than
25    the current, as of the date of service, fee-for-service
26    rate, plus all applicable add-ons, when the resulting

 

 

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1    service relationship is out of network.
2    The rules shall be applicable for both MCO coverage and
3fee-for-service coverage.
4    If the fee-for-service system is ultimately determined to
5have been responsible for coverage on the date of service, the
6Department shall provide for an extended period for claims
7submission outside the standard timely filing requirements.
8    (g-6) MCO Performance Metrics Report.
9        (1) The Department shall publish, on at least a
10    quarterly basis, each MCO's operational performance,
11    including, but not limited to, the following categories of
12    metrics:
13            (A) claims payment, including timeliness and
14        accuracy;
15            (B) prior authorizations;
16            (C) grievance and appeals;
17            (D) utilization statistics;
18            (E) provider disputes;
19            (F) provider credentialing; and
20            (G) member and provider customer service.
21        (2) The Department shall ensure that the metrics
22    report is accessible to providers online by January 1,
23    2017.
24        (3) The metrics shall be developed in consultation
25    with industry representatives of the Medicaid managed care
26    health plans and representatives of associations

 

 

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1    representing the majority of providers within the
2    identified industry.
3        (4) Metrics shall be defined and incorporated into the
4    applicable Managed Care Policy Manual issued by the
5    Department.
6    (g-7) MCO claims processing and performance analysis. In
7order to monitor MCO payments to hospital providers, pursuant
8to this amendatory Act of the 100th General Assembly, the
9Department shall post an analysis of MCO claims processing and
10payment performance on its website every 6 months. Such
11analysis shall include a review and evaluation of a
12representative sample of hospital claims that are rejected and
13denied for clean and unclean claims and the top 5 reasons for
14such actions and timeliness of claims adjudication, which
15identifies the percentage of claims adjudicated within 30, 60,
1690, and over 90 days, and the dollar amounts associated with
17those claims. The Department shall post the contracted claims
18report required by HealthChoice Illinois on its website every
193 months.
20    (g-8) Dispute resolution process. The Department shall
21maintain a provider complaint portal through which a provider
22can submit to the Department unresolved disputes with an MCO.
23An unresolved dispute means an MCO's decision that denies in
24whole or in part a claim for reimbursement to a provider for
25health care services rendered by the provider to an enrollee
26of the MCO with which the provider disagrees. Disputes shall

 

 

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1not be submitted to the portal until the provider has availed
2itself of the MCO's internal dispute resolution process.
3Disputes that are submitted to the MCO internal dispute
4resolution process may be submitted to the Department of
5Healthcare and Family Services' complaint portal no sooner
6than 30 days after submitting to the MCO's internal process
7and not later than 30 days after the unsatisfactory resolution
8of the internal MCO process or 60 days after submitting the
9dispute to the MCO internal process. Multiple claim disputes
10involving the same MCO may be submitted in one complaint,
11regardless of whether the claims are for different enrollees,
12when the specific reason for non-payment of the claims
13involves a common question of fact or policy. Within 10
14business days of receipt of a complaint, the Department shall
15present such disputes to the appropriate MCO, which shall then
16have 30 days to issue its written proposal to resolve the
17dispute. The Department may grant one 30-day extension of this
18time frame to one of the parties to resolve the dispute. If the
19dispute remains unresolved at the end of this time frame or the
20provider is not satisfied with the MCO's written proposal to
21resolve the dispute, the provider may, within 30 days, request
22the Department to review the dispute and make a final
23determination. Within 30 days of the request for Department
24review of the dispute, both the provider and the MCO shall
25present all relevant information to the Department for
26resolution and make individuals with knowledge of the issues

 

 

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1available to the Department for further inquiry if needed.
2Within 30 days of receiving the relevant information on the
3dispute, or the lapse of the period for submitting such
4information, the Department shall issue a written decision on
5the dispute based on contractual terms between the provider
6and the MCO, contractual terms between the MCO and the
7Department of Healthcare and Family Services and applicable
8Medicaid policy. The decision of the Department shall be
9final. By January 1, 2020, the Department shall establish by
10rule further details of this dispute resolution process.
11Disputes between MCOs and providers presented to the
12Department for resolution are not contested cases, as defined
13in Section 1-30 of the Illinois Administrative Procedure Act,
14conferring any right to an administrative hearing.
15    (g-9)(1) The Department shall publish annually on its
16website a report on the calculation of each managed care
17organization's medical loss ratio showing the following:
18        (A) Premium revenue, with appropriate adjustments.
19        (B) Benefit expense, setting forth the aggregate
20    amount spent for the following:
21            (i) Direct paid claims.
22            (ii) Subcapitation payments.
23            (iii) Other claim payments.
24            (iv) Direct reserves.
25            (v) Gross recoveries.
26            (vi) Expenses for activities that improve health

 

 

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1        care quality as allowed by the Department.
2    (2) The medical loss ratio shall be calculated consistent
3with federal law and regulation following a claims runout
4period determined by the Department.
5    (g-10)(1) "Liability effective date" means the date on
6which an MCO becomes responsible for payment for medically
7necessary and covered services rendered by a provider to one
8of its enrollees in accordance with the contract terms between
9the MCO and the provider. The liability effective date shall
10be the later of:
11        (A) The execution date of a network participation
12    contract agreement.
13        (B) The date the provider or its representative
14    submits to the MCO the complete and accurate standardized
15    roster form for the provider in the format approved by the
16    Department.
17        (C) The provider effective date contained within the
18    Department's provider enrollment subsystem within the
19    Illinois Medicaid Program Advanced Cloud Technology
20    (IMPACT) System.
21    (2) The standardized roster form may be submitted to the
22MCO at the same time that the provider submits an enrollment
23application to the Department through IMPACT.
24    (3) By October 1, 2019, the Department shall require all
25MCOs to update their provider directory with information for
26new practitioners of existing contracted providers within 30

 

 

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1days of receipt of a complete and accurate standardized roster
2template in the format approved by the Department provided
3that the provider is effective in the Department's provider
4enrollment subsystem within the IMPACT system. Such provider
5directory shall be readily accessible for purposes of
6selecting an approved health care provider and comply with all
7other federal and State requirements.
8    (g-11) The Department shall work with relevant
9stakeholders on the development of operational guidelines to
10enhance and improve operational performance of Illinois'
11Medicaid managed care program, including, but not limited to,
12improving provider billing practices, reducing claim
13rejections and inappropriate payment denials, and
14standardizing processes, procedures, definitions, and response
15timelines, with the goal of reducing provider and MCO
16administrative burdens and conflict. The Department shall
17include a report on the progress of these program improvements
18and other topics in its Fiscal Year 2020 annual report to the
19General Assembly.
20    (g-12) Notwithstanding any other provision of law, if the
21Department or an MCO requires submission of a claim for
22payment in a non-electronic format, a provider shall always be
23afforded a period of no less than 90 business days, as a
24correction period, following any notification of rejection by
25either the Department or the MCO to correct errors or
26omissions in the original submission.

 

 

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1    Under no circumstances, either by an MCO or under the
2State's fee-for-service system, shall a provider be denied
3payment for failure to comply with any timely submission
4requirements under this Code or under any existing contract,
5unless the non-electronic format claim submission occurs after
6the initial 180 days following the latest date of service on
7the claim, or after the 90 business days correction period
8following notification to the provider of rejection or denial
9of payment.
10    (h) The Department shall not expand mandatory MCO
11enrollment into new counties beyond those counties already
12designated by the Department as of June 1, 2014 for the
13individuals whose eligibility for medical assistance is not
14the seniors or people with disabilities population until the
15Department provides an opportunity for accountable care
16entities and MCOs to participate in such newly designated