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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Title I. General Provisions | ||||||
5 | Article 1. | ||||||
6 | Section 1-1. This Act may be referred to as the Illinois | ||||||
7 | Health Care and Human Service Reform Act. | ||||||
8 | Section 1-5. Findings. | ||||||
9 | "We, the People of the State of Illinois in order to | ||||||
10 | provide for the health, safety and welfare of the people; | ||||||
11 | maintain a representative and orderly government; eliminate | ||||||
12 | poverty and inequality; assure legal, social and economic | ||||||
13 | justice; provide opportunity for the fullest development of | ||||||
14 | the individual; insure domestic tranquility; provide for the | ||||||
15 | common defense; and secure the blessings of freedom and | ||||||
16 | liberty to ourselves and our posterity - do ordain and | ||||||
17 | establish this Constitution for the State of Illinois." | ||||||
18 | The Illinois Legislative Black Caucus finds that, in order | ||||||
19 | to improve the health outcomes of Black residents in the State | ||||||
20 | of Illinois, it is essential to dramatically reform the | ||||||
21 | State's health and human service system. For over 3 decades, |
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1 | multiple health studies have found that health inequities at | ||||||
2 | their very core are due to racism. As early as 1998 research | ||||||
3 | demonstrated that Black Americans received less health care | ||||||
4 | than white Americans because doctors treated patients | ||||||
5 | differently on the basis of race. Yet, Illinois' health and | ||||||
6 | human service system disappointingly continues to perpetuate | ||||||
7 | health disparities among Black Illinoisans of all ages, | ||||||
8 | genders, and socioeconomic status. | ||||||
9 | In July 2020, Trinity Health announced its plans to close | ||||||
10 | Mercy Hospital, an essential resource serving the Chicago | ||||||
11 | South Side's predominantly Black residents. Trinity Health | ||||||
12 | argued that this closure would have no impact on health access | ||||||
13 | but failed to understand the community's needs. Closure of | ||||||
14 | Mercy Hospital would only serve to create a health access | ||||||
15 | desert and exacerbate existing health disparities. On December | ||||||
16 | 15, 2020, after hearing from community members and advocates, | ||||||
17 | the Health Facilities and Services Review Board unanimously | ||||||
18 | voted to deny closure efforts, yet Trinity still seeks to | ||||||
19 | cease Mercy's operations. | ||||||
20 | Prior to COVID-19, much of the social and political | ||||||
21 | attention surrounding the nationwide opioid epidemic focused | ||||||
22 | on the increase in overdose deaths among white, middle-class, | ||||||
23 | suburban and rural users; the impact of the epidemic in Black | ||||||
24 | communities was largely unrecognized. Research has shown rates | ||||||
25 | of opioid use at the national scale are higher for whites than | ||||||
26 | they are for Blacks, yet rates of opioid deaths are higher |
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1 | among Blacks (43%) than whites (22%). The COVID-19 pandemic | ||||||
2 | will likely exacerbate this situation due to job loss, | ||||||
3 | stay-at-home orders, and ongoing mitigation efforts creating a | ||||||
4 | lack of physical access to addiction support and harm | ||||||
5 | reduction groups. | ||||||
6 | In 2018, the Illinois Department of Public Health reported | ||||||
7 | that Black women were about 6 times as likely to die from a | ||||||
8 | pregnancy-related cause as white women. Of those, 72% of | ||||||
9 | pregnancy-related deaths and 93% of violent | ||||||
10 | pregnancy-associated deaths were deemed preventable. Between | ||||||
11 | 2016 and 2017, Black women had the highest rate of severe | ||||||
12 | maternal morbidity with a rate of 101.5 per 10,000 deliveries, | ||||||
13 | which is almost 3 times as high as the rate for white women. | ||||||
14 | In the City of Chicago, African American and Latinx | ||||||
15 | populations are suffering from higher rates of AIDS/HIV | ||||||
16 | compared to the general population. Recent data places HIV as | ||||||
17 | one of the top 5 leading causes of death in African American | ||||||
18 | women between the ages of 35 to 44 and the seventh ranking | ||||||
19 | cause in African American women between the ages of 20 to 34. | ||||||
20 | Among the Latinx population, nearly 20% with HIV exclusively | ||||||
21 | depend on indigenous-led and staffed organizations for | ||||||
22 | services. | ||||||
23 | Cardiovascular disease (CVD) accounts for more deaths in | ||||||
24 | Illinois than any other cause of death, according to the | ||||||
25 | Illinois Department of Public Health; CVD is the leading cause | ||||||
26 | of death among Black residents. According to the Kaiser Family |
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1 | Foundation (KFF), for every 100,000 people, 224 Black | ||||||
2 | Illinoisans die of CVD compared to 158 white Illinoisans. | ||||||
3 | Cancer, the second leading cause of death in Illinois, too is | ||||||
4 | pervasive among African Americans. In 2019, an estimated | ||||||
5 | 606,880 Americans, or 1,660 people a day, died of cancer; the | ||||||
6 | American Cancer Society estimated 24,410 deaths occurred in | ||||||
7 | Illinois. KFF estimates that, out of every 100,000 people, 191 | ||||||
8 | Black Illinoisans die of cancer compared to 152 white | ||||||
9 | Illinoisans. | ||||||
10 | Black Americans suffer at much higher rates from chronic | ||||||
11 | diseases, including diabetes, hypertension, heart disease, | ||||||
12 | asthma, and many cancers. Utilizing community health workers | ||||||
13 | in patient education and chronic disease management is needed | ||||||
14 | to close these health disparities. Studies have shown that | ||||||
15 | diabetes patients in the care of a community health worker | ||||||
16 | demonstrate improved knowledge and lifestyle and | ||||||
17 | self-management behaviors, as well as decreases in the use of | ||||||
18 | the emergency department. A study of asthma control among | ||||||
19 | Black adolescents concluded that asthma control was reduced by | ||||||
20 | 35% among adolescents working with community health workers, | ||||||
21 | resulting in a savings of $5.58 per dollar spent on the | ||||||
22 | intervention. A study of the return on investment for | ||||||
23 | community health workers employed in Colorado showed that, | ||||||
24 | after a 9-month period, patients working with community health | ||||||
25 | workers had an increased number of primary care visits and a | ||||||
26 | decrease in urgent and inpatient care. Utilization of |
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1 | community health workers led to a $2.38 return on investment | ||||||
2 | for every dollar invested in community health workers. | ||||||
3 | Adverse childhood experiences (ACEs) are traumatic | ||||||
4 | experiences occurring during childhood that have been found to | ||||||
5 | have a profound effect on a child's developing brain structure | ||||||
6 | and body which may result in poor health during a person's | ||||||
7 | adulthood. ACEs studies have found a strong correlation | ||||||
8 | between the number of ACEs and a person's risk for disease and | ||||||
9 | negative health behaviors, including suicide, depression, | ||||||
10 | cancer, stroke, ischemic heart disease, diabetes, autoimmune | ||||||
11 | disease, smoking, substance abuse, interpersonal violence, | ||||||
12 | obesity, unplanned pregnancies, lower educational achievement, | ||||||
13 | workplace absenteeism, and lower wages. Data also shows that | ||||||
14 | approximately 20% of African American and Hispanic adults in | ||||||
15 | Illinois reported 4 or more ACEs, compared to 13% of | ||||||
16 | non-Hispanic whites. Long-standing ACE interventions include | ||||||
17 | tools such as trauma-informed care. Trauma-informed care has | ||||||
18 | been promoted and established in communities across the | ||||||
19 | country on a bipartisan basis, including in the states of | ||||||
20 | California, Florida, Massachusetts, Missouri, Oregon, | ||||||
21 | Pennsylvania, Washington, and Wisconsin. Several federal | ||||||
22 | agencies have integrated trauma-informed approaches in their | ||||||
23 | programs and grants which should be leveraged by the State. | ||||||
24 | According to a 2019 Rush University report, a Black | ||||||
25 | person's life expectancy on average is less when compared to a | ||||||
26 | white person's life expectancy. For instance, when comparing |
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1 | life expectancy in Chicago's Austin neighborhood to the | ||||||
2 | Chicago Loop, there is a difference of 11 years between Black | ||||||
3 | life expectancy (71 years) and white life expectancy (82 | ||||||
4 | years).
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5 | In a 2015 literature review of implicit racial and ethnic | ||||||
6 | bias among medical professionals, it was concluded that there | ||||||
7 | is a moderate level of implicit bias in most medical | ||||||
8 | professionals. Further, the literature review showed that | ||||||
9 | implicit bias has negative consequences for patients, | ||||||
10 | including strained patient relationships and negative health | ||||||
11 | outcomes. It is critical for medical professionals to be aware | ||||||
12 | of implicit racial and ethnic bias and work to eliminate bias | ||||||
13 | through training. | ||||||
14 | In the field of medicine, a historically racist | ||||||
15 | profession, Black medical professionals have commonly been | ||||||
16 | ostracized. In 1934, Dr. Roland B. Scott was the first African | ||||||
17 | American to pass the pediatric board exam, yet when he applied | ||||||
18 | for membership with the American Academy of Pediatrics he was | ||||||
19 | rejected multiple times. Few medical organizations have | ||||||
20 | confronted the roles they played in blocking opportunities for | ||||||
21 | Black advancement in the medical profession until the formal | ||||||
22 | apologies of the American Medical Association in 2008. For | ||||||
23 | decades, organizations like the AMA predicated their | ||||||
24 | membership on joining a local state medical society, several | ||||||
25 | of which excluded Black physicians. | ||||||
26 | In 2010, the General Assembly, in partnership with |
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1 | Treatment Alternatives for Safe Communities, published the | ||||||
2 | Disproportionate Justice Impact Study. The study examined the | ||||||
3 | impact of Illinois drug laws on racial and ethnic groups and | ||||||
4 | the resulting over-representation of racial and ethic minority | ||||||
5 | groups in the Illinois criminal justice system. Unsurprisingly | ||||||
6 | and disappointingly, the study confirmed decades long | ||||||
7 | injustices, such as nonwhites being arrested at a higher rate | ||||||
8 | than whites relative to their representation in the general | ||||||
9 | population throughout Illinois. | ||||||
10 | All together, the above mentioned only begins to capture a | ||||||
11 | part of a larger system of racial injustices and inequities. | ||||||
12 | The General Assembly and the people of Illinois are urged to | ||||||
13 | recognize while racism is a core fault of the current health | ||||||
14 | and human service system, that it is a pervasive disease | ||||||
15 | affecting a multiplitude of institutions which truly drive | ||||||
16 | systematic health inequities: education, child care, criminal | ||||||
17 | justice, affordable housing, environmental justice, and job | ||||||
18 | security and so forth. For persons to live up to their full | ||||||
19 | human potential, their rights to quality of life, health care, | ||||||
20 | a quality job, a fair wage, housing, and education must not be | ||||||
21 | inhibited. | ||||||
22 | Therefore, the Illinois Legislative Black Caucus, as | ||||||
23 | informed by the Senate's Health and Human Service Pillar | ||||||
24 | subject matter hearings, seeks to remedy a fraction of a much | ||||||
25 | larger broken system by addressing access to health care, | ||||||
26 | hospital closures, managed care organization reform, community |
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1 | health worker certification, maternal and infant mortality, | ||||||
2 | mental and substance abuse treatment, hospital reform, and | ||||||
3 | medical implicit bias in the Illinois Health Care and Human | ||||||
4 | Service Reform Act. This Act shall achieve needed change | ||||||
5 | through the use of, but not limited to, the Medicaid Managed | ||||||
6 | Care Oversight Commission, the Health and Human Services Task | ||||||
7 | Force, and a hospital closure moratorium, in order to address | ||||||
8 | Illinois' long-standing health inequities.
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9 | Title II. Community Health Workers | ||||||
10 | Article 5. | ||||||
11 | Section 5-1. Short title. This Article may be cited as the | ||||||
12 | Community Health Worker Certification and Reimbursement Act. | ||||||
13 | References in this Article to "this Act" mean this Article. | ||||||
14 | Section 5-5. Definition. In this Act, "community health | ||||||
15 | worker" means a frontline public health worker who is a | ||||||
16 | trusted member or has an unusually close understanding of the | ||||||
17 | community served. This trusting relationship enables the | ||||||
18 | community health worker to serve as a liaison, link, and | ||||||
19 | intermediary between health and social services and the | ||||||
20 | community to facilitate access to services and improve the | ||||||
21 | quality and cultural competence of service delivery. A | ||||||
22 | community health worker also builds individual and community |
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1 | capacity by increasing health knowledge and self-sufficiency | ||||||
2 | through a range of activities, including outreach, community | ||||||
3 | education, informal counseling, social support, and advocacy. | ||||||
4 | A community health worker shall have the following core | ||||||
5 | competencies: | ||||||
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 | ||||||
19 | a community health worker to provide direct care or treatment | ||||||
20 | to any person or to perform any act or service for which a | ||||||
21 | license 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 | ||||||
24 | multi-tiered academic and community-based training | ||||||
25 | opportunities that lead to the mastery of community health |
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1 | worker core competencies. | ||||||
2 | (b) For academic-based training programs, the Department | ||||||
3 | of Public Health shall collaborate with the Illinois State | ||||||
4 | Board of Education, the Illinois Community College Board, and | ||||||
5 | the Illinois Board of Higher Education to adopt a process to | ||||||
6 | certify academic-based training programs that students can | ||||||
7 | attend to obtain individual community health worker | ||||||
8 | certification. Certified training programs shall reflect the | ||||||
9 | approved core competencies and roles for community health | ||||||
10 | workers. | ||||||
11 | (c) For community-based training programs, the Department | ||||||
12 | of Public Health shall collaborate with a statewide | ||||||
13 | association representing community health workers to adopt a | ||||||
14 | process to certify community-based programs that students can | ||||||
15 | attend to obtain individual community health worker | ||||||
16 | certification. | ||||||
17 | (d) Community health workers may need to undergo | ||||||
18 | additional training, including, but not limited to, asthma, | ||||||
19 | diabetes, maternal child health, behavioral health, and social | ||||||
20 | determinants of health training. Multi-tiered training | ||||||
21 | approaches shall provide opportunities that build on each | ||||||
22 | other and prepare community health workers for career pathways | ||||||
23 | both within the community health worker profession and within | ||||||
24 | allied professions. | ||||||
25 | Section 5-15. Illinois Community Health Worker |
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1 | Certification Board. | ||||||
2 | (a) There is created within the Department of Public | ||||||
3 | Health, in shared leadership with a statewide association | ||||||
4 | representing community health workers, the Illinois Community | ||||||
5 | Health Worker Certification Board. The Board shall serve as | ||||||
6 | the regulatory body that develops and has oversight of initial | ||||||
7 | community health workers certification and certification | ||||||
8 | renewals for both individuals and academic and community-based | ||||||
9 | training programs. | ||||||
10 | (b) A representative from the Department of Public Health, | ||||||
11 | the Department of Financial and Professional Regulation, the | ||||||
12 | Department of Healthcare and Family Services, and the | ||||||
13 | Department of Human Services shall serve on the Board. At | ||||||
14 | least one full-time professional shall be assigned to staff | ||||||
15 | the Board with additional administrative support available as | ||||||
16 | needed. The Board shall have balanced representation from the | ||||||
17 | community health worker workforce, community health worker | ||||||
18 | employers, community health worker training and educational | ||||||
19 | organizations, and other engaged stakeholders. | ||||||
20 | (c) The Board shall propose a certification process for | ||||||
21 | and be authorized to approve training from community-based | ||||||
22 | organizations, in conjunction with a statewide organization | ||||||
23 | representing community health workers, and academic | ||||||
24 | institutions, in consultation with the Illinois State Board of | ||||||
25 | Education, the Illinois Community College Board and the | ||||||
26 | Illinois Board of Higher Education. The Board shall base |
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1 | training approval on core competencies, best practices, and | ||||||
2 | affordability. In addition, the Board shall maintain a | ||||||
3 | registry of certification records for individually certified | ||||||
4 | community health workers. | ||||||
5 | (d) All training programs that are deemed certifiable by | ||||||
6 | the Board shall go through a renewal process, which will be | ||||||
7 | determined by the Board once established. The Board shall | ||||||
8 | establish criteria to grandfather in any community health | ||||||
9 | workers who were practicing prior to the establishment of a | ||||||
10 | certification program. | ||||||
11 | (e) To ensure high-quality service, the Illinois Community | ||||||
12 | Health Worker Certification Board shall examine and consider | ||||||
13 | for adoption best practices from other states that have | ||||||
14 | implemented policies to allow for alternative opportunities to | ||||||
15 | demonstrate competency in core skills and knowledge in | ||||||
16 | addition to certification. | ||||||
17 | (f) The Department of Public Health shall explore ways to | ||||||
18 | compensate members of the Board. | ||||||
19 | Section 5-20. Reimbursement. Community health worker | ||||||
20 | services shall be covered under the medical assistance | ||||||
21 | program, subject to appropriation, for persons who are | ||||||
22 | otherwise eligible for medical assistance. The Department of | ||||||
23 | Healthcare and Family Services shall develop services, | ||||||
24 | including, but not limited to, care coordination and | ||||||
25 | diagnosis-related patient services, for which community health |
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1 | workers will be eligible for reimbursement and shall request | ||||||
2 | approval from the federal Centers for Medicare and Medicaid | ||||||
3 | Services to reimburse community health worker services under | ||||||
4 | the medical assistance program. For reimbursement under the | ||||||
5 | medical assistance program, a community health worker must | ||||||
6 | work under the supervision of an enrolled medical program | ||||||
7 | provider, as specified by the Department, and certification | ||||||
8 | shall be required for reimbursement. The supervision of | ||||||
9 | enrolled medical program providers and certification are not | ||||||
10 | required for community health workers who receive | ||||||
11 | reimbursement through managed care administrative moneys. | ||||||
12 | Noncertified community health workers are reimbursable at the | ||||||
13 | discretion of managed care entities following availability of | ||||||
14 | community health worker certification. In addition, the | ||||||
15 | Department of Healthcare and Family Services shall amend its | ||||||
16 | contracts with managed care entities to allow managed care | ||||||
17 | entities to employ community health workers or subcontract | ||||||
18 | with community-based organizations that employ community | ||||||
19 | health workers. | ||||||
20 | Section 5-23. Certification. Certification shall not be | ||||||
21 | required for employment of community health workers. | ||||||
22 | Noncertified community health workers may be employed through | ||||||
23 | funding sources outside of the medical assistance program. | ||||||
24 | Section 5-25. Rules. The Department of Public Health and |
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1 | the Department of Healthcare and Family Services may adopt | ||||||
2 | rules 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 | ||||||
6 | changing Section 10.4 as follows:
| ||||||
7 | (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
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8 | Sec. 10.4. Medical staff privileges.
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9 | (a) Any hospital licensed under this Act or any hospital | ||||||
10 | organized under the
University of Illinois Hospital Act shall, | ||||||
11 | prior to the granting of any medical
staff privileges to an | ||||||
12 | applicant, or renewing a current medical staff member's
| ||||||
13 | privileges, request of the Director of Professional Regulation | ||||||
14 | information
concerning the licensure status , proper | ||||||
15 | credentials, required certificates, and any disciplinary | ||||||
16 | action taken against the
applicant's or medical staff member's | ||||||
17 | license, except: (1) for medical personnel who
enter a | ||||||
18 | hospital to obtain organs and tissues for transplant from a | ||||||
19 | donor in accordance with the Illinois Anatomical Gift Act; or | ||||||
20 | (2) for medical personnel who have been granted disaster | ||||||
21 | privileges pursuant to the procedures and requirements | ||||||
22 | established by rules adopted by the Department. Any hospital |
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1 | and any employees of the hospital or others involved in | ||||||
2 | granting privileges who, in good faith, grant disaster | ||||||
3 | privileges pursuant to this Section to respond to an emergency | ||||||
4 | shall not, as a result of their acts or omissions, be liable | ||||||
5 | for civil damages for granting or denying disaster privileges | ||||||
6 | except in the event of willful and wanton misconduct, as that | ||||||
7 | term is defined in Section 10.2 of this Act. Individuals | ||||||
8 | granted privileges who provide care in an emergency situation, | ||||||
9 | in good faith and without direct compensation, shall not, as a | ||||||
10 | result of their acts or omissions, except for acts or | ||||||
11 | omissions involving willful and wanton misconduct, as that | ||||||
12 | term is defined in Section 10.2 of this Act, on the part of the | ||||||
13 | person, be liable for civil damages. The Director of
| ||||||
14 | Professional Regulation shall transmit, in writing and in a | ||||||
15 | timely fashion,
such information regarding the license of the | ||||||
16 | applicant or the medical staff
member, including the record of | ||||||
17 | imposition of any periods of
supervision or monitoring as a | ||||||
18 | result of alcohol or
substance abuse, as provided by Section | ||||||
19 | 23 of the Medical
Practice Act of 1987, and such information as | ||||||
20 | may have been
submitted to the Department indicating that the | ||||||
21 | application
or medical staff member has been denied, or has | ||||||
22 | surrendered,
medical staff privileges at a hospital licensed | ||||||
23 | under this
Act, or any equivalent facility in another state or
| ||||||
24 | territory of the United States. The Director of Professional | ||||||
25 | Regulation
shall define by rule the period for timely response | ||||||
26 | to such requests.
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1 | No transmittal of information by the Director of | ||||||
2 | Professional Regulation,
under this Section shall be to other | ||||||
3 | than the president, chief
operating officer, chief | ||||||
4 | administrative officer, or chief of
the medical staff of a | ||||||
5 | hospital licensed under this Act, a
hospital organized under | ||||||
6 | the University of Illinois Hospital Act, or a hospital
| ||||||
7 | operated by the United States, or any of its | ||||||
8 | instrumentalities. The
information so transmitted shall be | ||||||
9 | afforded the same status
as is information concerning medical | ||||||
10 | studies by Part 21 of Article VIII of the
Code of Civil | ||||||
11 | Procedure, as now or hereafter amended.
| ||||||
12 | (b) All hospitals licensed under this Act, except county | ||||||
13 | hospitals as
defined in subsection (c) of Section 15-1 of the | ||||||
14 | Illinois Public Aid Code,
shall comply with, and the medical | ||||||
15 | staff bylaws of these hospitals shall
include rules consistent | ||||||
16 | with, the provisions of this Section in granting,
limiting, | ||||||
17 | renewing, or denying medical staff membership and
clinical | ||||||
18 | staff privileges. Hospitals that require medical staff members | ||||||
19 | to
possess
faculty status with a specific institution of | ||||||
20 | higher 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
25 | prior to closing
membership in the entire or any portion of the | ||||||
26 | medical staff or a department.
If
the hospital closes |
| |||||||
| |||||||
1 | membership in the medical staff, any portion of the medical
| ||||||
2 | staff, or the department over the objections of the medical | ||||||
3 | staff, then the
hospital
shall provide a detailed written | ||||||
4 | explanation for the decision to the medical
staff
10 days | ||||||
5 | prior to the effective date of any closure. No applications | ||||||
6 | need to be
provided when membership in the medical staff or any | ||||||
7 | relevant 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 | ||||||
11 | amended 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 | ||||||
14 | prospective patients
information on the normal charge incurred | ||||||
15 | for any procedure or operation
the prospective patient is | ||||||
16 | considering.
| ||||||
17 | (b) The Department of Public Health shall require | ||||||
18 | hospitals
to post , either by physical or electronic means, in | ||||||
19 | prominent letters, in letters no more than one inch in height | ||||||
20 | the established charges for
services, where applicable, | ||||||
21 | including but not limited to the hospital's private
room | ||||||
22 | charge, semi-private room charge, charge for a room with 3 or | ||||||
23 | more beds,
intensive care room charges, emergency room charge, |
| |||||||
| |||||||
1 | operating room charge,
electrocardiogram charge, anesthesia | ||||||
2 | charge, chest x-ray charge, blood sugar
charge, blood | ||||||
3 | chemistry charge, tissue exam charge, blood typing charge and | ||||||
4 | Rh
factor charge. The definitions of each charge to be posted | ||||||
5 | shall 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 | ||||||
8 | changing 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 | ||||||
11 | establish
a hospital the Director shall issue a permit if he | ||||||
12 | finds (1) that the
applicant is fit, willing, and able to | ||||||
13 | provide a proper standard of
hospital service for the | ||||||
14 | community with particular regard to the
qualification, | ||||||
15 | background, and character of the applicant, (2) that the
| ||||||
16 | financial resources available to the applicant demonstrate an | ||||||
17 | ability to
construct, maintain, and operate a hospital in | ||||||
18 | accordance with the
standards, rules, and regulations adopted | ||||||
19 | pursuant to this Act, and (3)
that safeguards are provided | ||||||
20 | which assure hospital operation and
maintenance consistent | ||||||
21 | with the public interest having particular regard
to safe, | ||||||
22 | adequate, and efficient hospital facilities and services.
| ||||||
23 | The Director may request the cooperation of county and
| ||||||
24 | multiple-county health departments, municipal boards of |
| |||||||
| |||||||
1 | health, and
other governmental and non-governmental agencies | ||||||
2 | in obtaining
information and in conducting investigations | ||||||
3 | relating to such
applications.
| ||||||
4 | A permit to establish a hospital shall be valid only for | ||||||
5 | the premises
and person named in the application for such | ||||||
6 | permit and shall not be
transferable or assignable.
| ||||||
7 | In the event the Director issues a permit to establish a | ||||||
8 | hospital the
applicant shall thereafter submit plans and | ||||||
9 | specifications to the
Department in accordance with Section 8 | ||||||
10 | of this Act.
| ||||||
11 | (b) Upon receipt of an application for license to open, | ||||||
12 | conduct,
operate, and maintain a hospital, the Director shall | ||||||
13 | issue a license if
he finds the applicant and the hospital | ||||||
14 | facilities comply with
standards, rules, and regulations | ||||||
15 | promulgated under this Act. A license,
unless sooner suspended | ||||||
16 | or revoked, shall be renewable annually upon
approval by the | ||||||
17 | Department and payment of a license fee as established | ||||||
18 | pursuant to Section 5 of this Act. Each license shall be issued | ||||||
19 | only for the
premises and persons named in the application and | ||||||
20 | shall not be
transferable or assignable. Licenses shall be | ||||||
21 | posted , either by physical or electronic means, in a | ||||||
22 | conspicuous
place on the licensed premises. The Department | ||||||
23 | may, either before or
after the issuance of a license, request | ||||||
24 | the cooperation of the State Fire
Marshal, county
and multiple | ||||||
25 | county health departments, or municipal boards of health to
| ||||||
26 | make investigations to determine if the applicant or licensee |
| |||||||
| |||||||
1 | is
complying with the minimum standards prescribed by the | ||||||
2 | Department. The
report and recommendations of any such agency | ||||||
3 | shall be in writing and
shall state with particularity its | ||||||
4 | findings with respect to compliance
or noncompliance with such | ||||||
5 | minimum standards, rules, and regulations.
| ||||||
6 | The Director may issue a provisional license to any | ||||||
7 | hospital which
does not substantially comply with the | ||||||
8 | provisions of this Act and the
standards, rules, and | ||||||
9 | regulations promulgated by virtue thereof provided
that he | ||||||
10 | finds that such hospital has undertaken changes and | ||||||
11 | corrections
which upon completion will render the hospital in | ||||||
12 | substantial compliance
with the provisions of this Act, and | ||||||
13 | the standards, rules, and
regulations adopted hereunder, and | ||||||
14 | provided that the health and safety
of the patients of the | ||||||
15 | hospital will be protected during the period for
which such | ||||||
16 | provisional license is issued. The Director shall advise the
| ||||||
17 | licensee of the conditions under which such provisional | ||||||
18 | license is
issued, including the manner in which the hospital | ||||||
19 | facilities fail to
comply with the provisions of the Act, | ||||||
20 | standards, rules, and
regulations, and the time within which | ||||||
21 | the changes and corrections
necessary for such hospital | ||||||
22 | facilities to substantially comply with this
Act, and the | ||||||
23 | standards, rules, and regulations of the Department
relating | ||||||
24 | thereto shall be completed.
| ||||||
25 | (Source: P.A. 98-683, eff. 6-30-14.)
|
| |||||||
| |||||||
1 | (210 ILCS 85/6.14c)
| ||||||
2 | Sec. 6.14c. Posting of information. Every hospital shall | ||||||
3 | conspicuously post , either by physical or electronic means,
| ||||||
4 | for display in an
area of its offices accessible to patients, | ||||||
5 | employees, 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 | ||||||
18 | means, in each facility that has an emergency room, a notice in | ||||||
19 | a conspicuous location in the emergency room with information | ||||||
20 | about how to enroll in health insurance through the Illinois | ||||||
21 | health insurance marketplace in accordance with Sections 1311 | ||||||
22 | and 1321 of the federal Patient Protection and Affordable Care | ||||||
23 | Act. | ||||||
24 | (Source: P.A. 101-117, eff. 1-1-20 .)
| ||||||
25 | (210 ILCS 85/10.10) |
| |||||||
| |||||||
1 | Sec. 10.10. Nurse Staffing by Patient Acuity.
| ||||||
2 | (a) Findings. The Legislature finds and declares all of | ||||||
3 | the 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 | ||||||
18 | implemented by a hospital, as recommended by a nursing care | ||||||
19 | committee, that assesses the complexity of patient care needs | ||||||
20 | requiring professional nursing care and skills and aligns | ||||||
21 | patient care needs and nursing skills consistent with | ||||||
22 | professional nursing standards. | ||||||
23 | "Department" means the Department of Public Health. | ||||||
24 | "Direct patient care" means care provided by a registered | ||||||
25 | professional nurse with direct responsibility to oversee or | ||||||
26 | carry out medical regimens or nursing care for one or more |
| |||||||
| |||||||
1 | patients. | ||||||
2 | "Nursing care committee" means an existing or newly | ||||||
3 | created hospital-wide committee or committees of nurses whose | ||||||
4 | functions, in part or in whole, contribute to the development, | ||||||
5 | recommendation, and review of the hospital's nurse staffing | ||||||
6 | plan established pursuant to subsection (d). | ||||||
7 | "Registered professional nurse" means a person licensed as | ||||||
8 | a Registered Nurse under the Nurse
Practice Act. | ||||||
9 | "Written staffing plan for nursing care services" means a | ||||||
10 | written plan for guiding the assignment of patient care | ||||||
11 | nursing staff based on multiple nurse and patient | ||||||
12 | considerations that yield minimum staffing levels for | ||||||
13 | inpatient care units and the adopted acuity model aligning | ||||||
14 | patient care needs with nursing skills required for quality | ||||||
15 | patient 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
11 | limit, alter, or modify any of the terms, conditions, or | ||||||
12 | provisions of a collective bargaining agreement entered into | ||||||
13 | by the hospital.
| ||||||
14 | (Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12; | ||||||
15 | 97-813, eff. 7-13-12.) | ||||||
16 | (210 ILCS 85/11.5)
| ||||||
17 | Sec. 11.5. Uniform standards of obstetrical care | ||||||
18 | regardless of
ability to pay. | ||||||
19 | (a) No hospital may promulgate policies or implement | ||||||
20 | practices that determine
differing standards of obstetrical | ||||||
21 | care based upon a patient's source of
payment or ability
to pay | ||||||
22 | for medical services.
| ||||||
23 | (b) Each hospital shall develop a written policy statement | ||||||
24 | reflecting the
requirements of subsection (a) and shall post , | ||||||
25 | either by physical or electronic means, written notices of |
| |||||||
| |||||||
1 | this policy in
the obstetrical admitting areas of the hospital | ||||||
2 | by July 1, 2004. Notices
posted pursuant to this Section shall | ||||||
3 | be posted in the predominant language or
languages spoken in | ||||||
4 | the hospital's service area.
| ||||||
5 | (Source: P.A. 93-981, eff. 8-23-04.) | ||||||
6 | Section 15-10. The Language Assistance Services Act is | ||||||
7 | amended 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 | ||||||
11 | services for
limited-English-speaking or non-English-speaking | ||||||
12 | residents and deaf residents,
a health facility must do the | ||||||
13 | following:
| ||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
5 | the 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 |
| |||||||
| |||||||
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 | ||||||
4 | changing 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 | ||||||
8 | notice: | ||||||
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 | ||||||
14 | by physical or electronic means, conspicuously in the | ||||||
15 | admission and registration areas of the hospital. | ||||||
16 | (c) The sign shall be in English, and in any other language | ||||||
17 | that is the primary language of at least 5% of the patients | ||||||
18 | served by the hospital annually. | ||||||
19 | (d) Each hospital that has a website must post a notice in | ||||||
20 | a prominent place on its website that financial assistance is | ||||||
21 | available at the hospital, a description of the financial | ||||||
22 | assistance application process, and a copy of the financial | ||||||
23 | assistance application. | ||||||
24 | (e) Within 180 days after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 102nd General Assembly, each Each | ||||||
2 | hospital must make available information regarding financial | ||||||
3 | assistance from the hospital in the form of either a brochure, | ||||||
4 | an application for financial assistance, or other written or | ||||||
5 | electronic material in the emergency room, material in the | ||||||
6 | hospital 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 | ||||||
9 | amended 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 | ||||||
13 | files a report with law enforcement against a patient or | ||||||
14 | individual because of workplace violence shall provide notice | ||||||
15 | to management of the health care provider by which he or she is | ||||||
16 | employed within 3 days after contacting law enforcement or | ||||||
17 | filing the report. | ||||||
18 | (b) No management of a health care provider may discourage | ||||||
19 | a health care worker from exercising his or her right to | ||||||
20 | contact law enforcement or file a report with law enforcement | ||||||
21 | because of workplace violence. | ||||||
22 | (c) A health care provider that employs a health care | ||||||
23 | worker shall display a notice , either by physical or | ||||||
24 | electronic means, stating that verbal aggression will not be |
| |||||||
| |||||||
1 | tolerated and physical assault will be reported to law | ||||||
2 | enforcement. | ||||||
3 | (d) The health care provider shall offer immediate | ||||||
4 | post-incident services for a health care worker directly | ||||||
5 | involved in a workplace violence incident caused by patients | ||||||
6 | or their visitors, including acute treatment and access to | ||||||
7 | psychological evaluation.
| ||||||
8 | (Source: P.A. 100-1051, eff. 1-1-19 .) | ||||||
9 | Section 15-17. The Medical Patient Rights Act is amended | ||||||
10 | by 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 | ||||||
14 | Act, every woman has the following rights with regard to | ||||||
15 | pregnancy 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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
21 | Healthcare and Family Services, Department of Children and | ||||||
22 | Family Services, and Department of Human Services shall post , | ||||||
23 | either by physical or electronic means, information about | ||||||
24 | these rights on their publicly available websites. Every | ||||||
25 | health care provider, day care center licensed under the Child | ||||||
26 | Care Act of 1969, Head Start, and community center shall post |
| |||||||
| |||||||
1 | information about these rights in a prominent place and on | ||||||
2 | their websites, if applicable. | ||||||
3 | (c) The Department of Public Health shall adopt rules to | ||||||
4 | implement this Section. | ||||||
5 | (d) Nothing in this Section or any rules adopted under | ||||||
6 | subsection (c) shall be construed to require a physician, | ||||||
7 | health care professional, hospital, hospital affiliate, or | ||||||
8 | health care provider to provide care inconsistent with | ||||||
9 | generally accepted medical standards or available capabilities | ||||||
10 | or 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 | ||||||
14 | hospital shall post , either by physical or electronic means, a | ||||||
15 | sign next to or in close proximity of its sign required by | ||||||
16 | Section 489.20 (q)(1) of Title 42 of the Code of Federal | ||||||
17 | Regulations stating the following: | ||||||
18 | "You have the right not to be discriminated against by the | ||||||
19 | hospital due to your race, color, or national origin if these | ||||||
20 | characteristics are unrelated to your diagnosis or treatment. | ||||||
21 | If 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 |
| |||||||
| |||||||
1 | is amended by changing Section 22 as follows: | ||||||
2 | (325 ILCS 2/22) | ||||||
3 | Sec. 22. Signs. Every hospital, fire station, emergency | ||||||
4 | medical facility, and police station that is required to | ||||||
5 | accept a relinquished newborn infant in accordance with this | ||||||
6 | Act must post , either by physical or electronic means, a sign | ||||||
7 | in a conspicuous place on the exterior of the building housing | ||||||
8 | the facility informing persons that a newborn infant may be | ||||||
9 | relinquished at the facility in accordance with this Act. The | ||||||
10 | Department shall prescribe specifications for the signs and | ||||||
11 | for their placement that will ensure statewide uniformity. | ||||||
12 | This Section does not apply to a hospital, fire station, | ||||||
13 | emergency medical facility, or police station that has a sign | ||||||
14 | that is consistent with the requirements of this Section that | ||||||
15 | is posted on the effective date of this amendatory Act of the | ||||||
16 | 95th General Assembly.
| ||||||
17 | (Source: P.A. 95-275, eff. 8-17-07.) | ||||||
18 | Section 15-30. The Crime Victims Compensation Act is | ||||||
19 | amended 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 | ||||||
22 | this State shall
display prominently in its emergency room | ||||||
23 | posters giving notification of
the existence and general |
| |||||||
| |||||||
1 | provisions of this Act. The posters may be displayed by | ||||||
2 | physical or electronic means. Such posters shall be
provided | ||||||
3 | by the Attorney General.
| ||||||
4 | (b) Any law enforcement agency that investigates an | ||||||
5 | offense committed
in this State shall inform the victim of the | ||||||
6 | offense or his dependents concerning
the availability of an | ||||||
7 | award of compensation and advise such persons that
any | ||||||
8 | information concerning this Act and the filing of a claim may | ||||||
9 | be obtained
from the office of the Attorney General.
| ||||||
10 | (Source: P.A. 81-1013.)
| ||||||
11 | Section 15-35. The Human Trafficking Resource Center | ||||||
12 | Notice 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 | ||||||
16 | establishments shall, upon the availability of the model | ||||||
17 | notice described in Section 15 of this Act, post a notice that | ||||||
18 | complies with the requirements of this Act in a conspicuous | ||||||
19 | place near the public entrance of the establishment or in | ||||||
20 | another conspicuous location in clear view of the public and | ||||||
21 | employees 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
23 | availability of the model notice described in Section 15 of | ||||||
24 | this Act, post a notice that complies with the requirements of | ||||||
25 | this Act in a conspicuous place near the public entrance of | ||||||
26 | each roadside rest area or in another conspicuous location in |
| |||||||
| |||||||
1 | clear view of the public and employees where similar notices | ||||||
2 | are customarily posted.
| ||||||
3 | (c) The owner of a hotel or motel shall, upon the | ||||||
4 | availability of the model notice described in Section 15 of | ||||||
5 | this Act, post a notice that complies with the requirements of | ||||||
6 | this Act in a conspicuous and accessible place in or about the | ||||||
7 | premises in clear view of the employees where similar notices | ||||||
8 | are customarily posted. | ||||||
9 | (d) The organizer of a public gathering or special event | ||||||
10 | that is conducted on property open to the public and requires | ||||||
11 | the issuance of a permit from the unit of local government | ||||||
12 | shall post a notice that complies with the requirements of | ||||||
13 | this Act in a conspicuous and accessible place in or about the | ||||||
14 | premises in clear view of the public and employees where | ||||||
15 | similar notices are customarily posted. | ||||||
16 | (e) The administrator of a public or private elementary | ||||||
17 | school or public or private secondary school shall post a | ||||||
18 | printout of the downloadable notice provided by the Department | ||||||
19 | of Human Services under Section 15 that complies with the | ||||||
20 | requirements of this Act in a conspicuous and accessible place | ||||||
21 | chosen by the administrator in the administrative office or | ||||||
22 | another location in view of school employees. School districts | ||||||
23 | and personnel are not subject to the penalties provided under | ||||||
24 | subsection (a) of Section 20. | ||||||
25 | (f) The owner of an establishment registered under the | ||||||
26 | Tattoo and Body Piercing Establishment Registration Act shall |
| |||||||
| |||||||
1 | post a notice that complies with the requirements of this Act | ||||||
2 | in a conspicuous and accessible place in clear view of | ||||||
3 | establishment employees. | ||||||
4 | (Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17; | ||||||
5 | 100-671, 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 | ||||||
9 | 1/2 inches by 11 inches in size, written in a 16-point font , | ||||||
10 | except that when the notice is provided by electronic means | ||||||
11 | the size of the notice and font shall not be required to comply | ||||||
12 | with these specifications , and shall state the following: | ||||||
13 | "If you or someone you know is being forced to engage in any | ||||||
14 | activity and cannot leave, whether it is commercial sex, | ||||||
15 | housework, farm work, construction, factory, retail, or | ||||||
16 | restaurant work, or any other activity, call the National | ||||||
17 | Human Trafficking Resource Center at 1-888-373-7888 to access | ||||||
18 | help and services. | ||||||
19 | Victims of slavery and human trafficking are protected under | ||||||
20 | United 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. |
| |||||||
| |||||||
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 | ||||||
6 | in one other language that is the most widely spoken language | ||||||
7 | in the county where the establishment is located and for which | ||||||
8 | translation is mandated by the federal Voting Rights Act, as | ||||||
9 | applicable. This subsection does not require a business or | ||||||
10 | other establishment in a county where a language other than | ||||||
11 | English or Spanish is the most widely spoken language to print | ||||||
12 | the notice in more than one language in addition to English and | ||||||
13 | Spanish.
| ||||||
14 | (Source: P.A. 99-99, eff. 1-1-16 .) | ||||||
15 | Article 20. | ||||||
16 | Section 20-5. The University of Illinois Hospital Act is | ||||||
17 | amended by adding Section 8d as follows: | ||||||
18 | (110 ILCS 330/8d new) | ||||||
19 | Sec. 8d. N95 masks. Pursuant to and in accordance with | ||||||
20 | applicable local, State, and federal policies, guidance and | ||||||
21 | recommendations of public health and infection control | ||||||
22 | authorities, and taking into consideration the limitations on |
| |||||||
| |||||||
1 | access to N95 masks caused by disruptions in local, State, | ||||||
2 | national, and international supply chains, the University of | ||||||
3 | Illinois Hospital shall provide N95 masks to physicians | ||||||
4 | licensed under the Medical Practice Act of 1987, registered | ||||||
5 | nurses and advanced practice registered nurses licensed under | ||||||
6 | the Nurse Licensing Act, and any other employees or | ||||||
7 | contractual workers who provide direct patient care and who, | ||||||
8 | pursuant to such policies, guidance, and recommendations, are | ||||||
9 | recommended to have such a mask to safely provide such direct | ||||||
10 | patient care within a hospital setting. Nothing in this | ||||||
11 | Section shall be construed to impose any new duty or | ||||||
12 | obligation on the University of Illinois Hospital or employee | ||||||
13 | that is greater than that imposed under State and federal laws | ||||||
14 | in effect on the effective date of this amendatory Act of the | ||||||
15 | 102nd General Assembly. This Section is repealed on December | ||||||
16 | 31, 2021. | ||||||
17 | Section 20-10. The Hospital Licensing Act is amended by | ||||||
18 | adding Section 6.28 as follows: | ||||||
19 | (210 ILCS 85/6.28 new) | ||||||
20 | Sec. 6.28. N95 masks. Pursuant to and in accordance with | ||||||
21 | applicable local, State, and federal policies, guidance and | ||||||
22 | recommendations of public health and infection control | ||||||
23 | authorities, and taking into consideration the limitations on | ||||||
24 | access to N95 masks caused by disruptions in local, State, |
| |||||||
| |||||||
1 | national, and international supply chains, a hospital licensed | ||||||
2 | under this Act shall provide N95 masks to physicians licensed | ||||||
3 | under the Medical Practice Act of 1987, registered nurses and | ||||||
4 | advanced practice registered nurses licensed under the Nurse | ||||||
5 | Licensing Act, and any other employees or contractual workers | ||||||
6 | who provide direct patient care and who, pursuant to such | ||||||
7 | policies, guidance, and recommendations, are recommended to | ||||||
8 | have such a mask to safely provide such direct patient care | ||||||
9 | within a hospital setting. Nothing in this Section shall be | ||||||
10 | construed to impose any new duty or obligation on the hospital | ||||||
11 | or employee that is greater than that imposed under State and | ||||||
12 | federal laws in effect on the effective date of this | ||||||
13 | amendatory Act of the 102nd General Assembly. This Section is | ||||||
14 | repealed on December 31, 2021. | ||||||
15 | Article 35. | ||||||
16 | Section 35-5. The Illinois Public Aid Code is amended by | ||||||
17 | changing Section 5-5.05 as follows: | ||||||
18 | (305 ILCS 5/5-5.05) | ||||||
19 | Sec. 5-5.05. Hospitals; psychiatric services. | ||||||
20 | (a) On and after July 1, 2008, the inpatient, per diem rate | ||||||
21 | to be paid to a hospital for inpatient psychiatric services | ||||||
22 | shall be $363.77. | ||||||
23 | (b) For purposes of this Section, "hospital" means the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) Advocate Christ Hospital, Oak Lawn, Illinois. | ||||||
3 | (2) Barnes-Jewish Hospital, St. Louis, Missouri. | ||||||
4 | (3) BroMenn Healthcare, Bloomington, Illinois. | ||||||
5 | (4) Jackson Park Hospital, Chicago, Illinois. | ||||||
6 | (5) Katherine Shaw Bethea Hospital, Dixon, Illinois. | ||||||
7 | (6) Lawrence County Memorial Hospital, Lawrenceville, | ||||||
8 | Illinois. | ||||||
9 | (7) Advocate Lutheran General Hospital, Park Ridge, | ||||||
10 | Illinois. | ||||||
11 | (8) Mercy Hospital and Medical Center, Chicago, | ||||||
12 | Illinois. | ||||||
13 | (9) Methodist Medical Center of Illinois, Peoria, | ||||||
14 | Illinois. | ||||||
15 | (10) Provena United Samaritans Medical Center, | ||||||
16 | Danville, Illinois. | ||||||
17 | (11) Rockford Memorial Hospital, Rockford, Illinois. | ||||||
18 | (12) Sarah Bush Lincoln Health Center, Mattoon, | ||||||
19 | Illinois. | ||||||
20 | (13) Provena Covenant Medical Center, Urbana, | ||||||
21 | Illinois. | ||||||
22 | (14) Rush-Presbyterian-St. Luke's Medical Center, | ||||||
23 | Chicago, Illinois. | ||||||
24 | (15) Mt. Sinai Hospital, Chicago, Illinois. | ||||||
25 | (16) Gateway Regional Medical Center, Granite City, | ||||||
26 | Illinois. |
| |||||||
| |||||||
1 | (17) St. Mary of Nazareth Hospital, Chicago, Illinois. | ||||||
2 | (18) Provena St. Mary's Hospital, Kankakee, Illinois. | ||||||
3 | (19) St. Mary's Hospital, Decatur, Illinois. | ||||||
4 | (20) Memorial Hospital, Belleville, Illinois. | ||||||
5 | (21) Swedish Covenant Hospital, Chicago, Illinois. | ||||||
6 | (22) Trinity Medical Center, Rock Island, Illinois. | ||||||
7 | (23) St. Elizabeth Hospital, Chicago, Illinois. | ||||||
8 | (24) Richland Memorial Hospital, Olney, Illinois. | ||||||
9 | (25) St. Elizabeth's Hospital, Belleville, Illinois. | ||||||
10 | (26) Samaritan Health System, Clinton, Iowa. | ||||||
11 | (27) St. John's Hospital, Springfield, Illinois. | ||||||
12 | (28) St. Mary's Hospital, Centralia, Illinois. | ||||||
13 | (29) Loretto Hospital, Chicago, Illinois. | ||||||
14 | (30) Kenneth Hall Regional Hospital, East St. Louis, | ||||||
15 | Illinois. | ||||||
16 | (31) Hinsdale Hospital, Hinsdale, Illinois. | ||||||
17 | (32) Pekin Hospital, Pekin, Illinois. | ||||||
18 | (33) University of Chicago Medical Center, Chicago, | ||||||
19 | Illinois. | ||||||
20 | (34) St. Anthony's Health Center, Alton, Illinois. | ||||||
21 | (35) OSF St. Francis Medical Center, Peoria, Illinois. | ||||||
22 | (36) Memorial Medical Center, Springfield, Illinois. | ||||||
23 | (37) A hospital with a distinct part unit for | ||||||
24 | psychiatric services that begins operating on or after | ||||||
25 | July 1, 2008. | ||||||
26 | For purposes of this Section, "inpatient psychiatric |
| |||||||
| |||||||
1 | services" means those services provided to patients who are in | ||||||
2 | need of short-term acute inpatient hospitalization for active | ||||||
3 | treatment of an emotional or mental disorder. | ||||||
4 | (b-5) Notwithstanding any other provision of this Section, | ||||||
5 | and subject to appropriation, the inpatient, per diem rate to | ||||||
6 | be paid to all safety-net hospitals for inpatient psychiatric | ||||||
7 | services on and after January 1, 2021 shall be at least $630. | ||||||
8 | (c) No rules shall be promulgated to implement this | ||||||
9 | Section. For purposes of this Section, "rules" is given the | ||||||
10 | meaning contained in Section 1-70 of the Illinois | ||||||
11 | Administrative Procedure Act. | ||||||
12 | (d) This Section shall not be in effect during any period | ||||||
13 | of time that the State has in place a fully operational | ||||||
14 | hospital assessment plan that has been approved by the Centers | ||||||
15 | for Medicare and Medicaid Services of the U.S. Department of | ||||||
16 | Health and Human Services.
| ||||||
17 | (e) On and after July 1, 2012, the Department shall reduce | ||||||
18 | any rate of reimbursement for services or other payments or | ||||||
19 | alter any methodologies authorized by this Code to reduce any | ||||||
20 | rate of reimbursement for services or other payments in | ||||||
21 | accordance with Section 5-5e. | ||||||
22 | (Source: P.A. 97-689, eff. 6-14-12.) | ||||||
23 | Title IV. Medical Implicit Bias | ||||||
24 | Article 45. |
| |||||||
| |||||||
1 | Section 45-5. The Department of Professional Regulation | ||||||
2 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
3 | adding Section 2105-15.7 as follows: | ||||||
4 | (20 ILCS 2105/2105-15.7 new) | ||||||
5 | Sec. 2105-15.7. Implicit bias awareness training. | ||||||
6 | (a) As used in this Section, "health care professional" | ||||||
7 | means a person licensed or registered by the Department of | ||||||
8 | Financial and Professional Regulation under the following | ||||||
9 | Acts: Medical Practice Act of 1987, Nurse Practice Act, | ||||||
10 | Clinical Psychologist Licensing Act, Illinois Dental Practice | ||||||
11 | Act, Illinois Optometric Practice Act of 1987, Pharmacy | ||||||
12 | Practice Act, Illinois Physical Therapy Act, Physician | ||||||
13 | Assistant Practice Act of 1987, Acupuncture Practice Act, | ||||||
14 | Illinois Athletic Trainers Practice Act, Clinical Social Work | ||||||
15 | and Social Work Practice Act, Dietitian Nutritionist Practice | ||||||
16 | Act, Home Medical Equipment and Services Provider License Act, | ||||||
17 | Naprapathic Practice Act, Nursing Home Administrators | ||||||
18 | Licensing and Disciplinary Act, Illinois Occupational Therapy | ||||||
19 | Practice Act, Illinois Optometric Practice Act of 1987, | ||||||
20 | Podiatric Medical Practice Act of 1987, Respiratory Care | ||||||
21 | Practice Act, Professional Counselor and Clinical Professional | ||||||
22 | Counselor Licensing and Practice Act, Sex Offender Evaluation | ||||||
23 | and Treatment Provider Act, Illinois Speech-Language Pathology | ||||||
24 | and Audiology Practice Act, Perfusionist Practice Act, |
| |||||||
| |||||||
1 | Registered Surgical Assistant and Registered Surgical | ||||||
2 | Technologist Title Protection Act, and Genetic Counselor | ||||||
3 | Licensing Act. | ||||||
4 | (b) For license or registration renewals occurring on or | ||||||
5 | after January 1, 2022, a health care professional who has | ||||||
6 | continuing education requirements must complete at least a | ||||||
7 | one-hour course in training on implicit bias awareness per | ||||||
8 | renewal period. A health care professional may count this one | ||||||
9 | hour for completion of this course toward meeting the minimum | ||||||
10 | credit hours required for continuing education. Any training | ||||||
11 | on implicit bias awareness applied to meet any other State | ||||||
12 | licensure requirement, professional accreditation or | ||||||
13 | certification requirement, or health care institutional | ||||||
14 | practice agreement may count toward the one-hour requirement | ||||||
15 | under this Section. | ||||||
16 | (c) The Department may adopt rules for the implementation | ||||||
17 | of this Section. | ||||||
18 | Title V. Substance Abuse and Mental Health Treatment | ||||||
19 | Article 50. | ||||||
20 | Section 50-5. The Illinois Controlled Substances Act is | ||||||
21 | amended by changing Section 414 as follows: | ||||||
22 | (720 ILCS 570/414) |
| |||||||
| |||||||
1 | Sec. 414. Overdose; limited immunity from prosecution . | ||||||
2 | (a) For the purposes of this Section, "overdose" means a | ||||||
3 | controlled substance-induced physiological event that results | ||||||
4 | in a life-threatening emergency to the individual who | ||||||
5 | ingested, inhaled, injected or otherwise bodily absorbed a | ||||||
6 | controlled, counterfeit, or look-alike substance or a | ||||||
7 | controlled substance analog. | ||||||
8 | (b) A person who, in good faith, seeks or obtains | ||||||
9 | emergency medical assistance for someone experiencing an | ||||||
10 | overdose shall not be arrested, charged , or prosecuted for a | ||||||
11 | violation of Section 401 or 402 of the Illinois Controlled | ||||||
12 | Substances Act, Section 3.5 of the Drug Paraphernalia Control | ||||||
13 | Act, Section 55 or 60 of the Methamphetamine Control and | ||||||
14 | Community Protection Act, Section 9-3.3 of the Criminal Code | ||||||
15 | of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 | ||||||
16 | of the Criminal Code of 2012 Class 4 felony possession of a | ||||||
17 | controlled, counterfeit, or look-alike substance or a | ||||||
18 | controlled substance analog if evidence for the violation | ||||||
19 | Class 4 felony possession charge was acquired as a result of | ||||||
20 | the person seeking or obtaining emergency medical assistance | ||||||
21 | and providing the amount of substance recovered is within the | ||||||
22 | amount identified in subsection (d) of this Section. The | ||||||
23 | violations listed in this subsection (b) must not serve as the | ||||||
24 | sole basis of a violation of parole, mandatory supervised | ||||||
25 | release, probation, or conditional discharge, or any seizure | ||||||
26 | of property under any State law authorizing civil forfeiture |
| |||||||
| |||||||
1 | so long as the evidence for the violation was acquired as a | ||||||
2 | result of the person seeking or obtaining emergency medical | ||||||
3 | assistance in the event of an overdose. | ||||||
4 | (c) A person who is experiencing an overdose shall not be | ||||||
5 | arrested, charged , or prosecuted for a violation of Section | ||||||
6 | 401 or 402 of the Illinois Controlled Substances Act, Section | ||||||
7 | 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of | ||||||
8 | the Criminal Code of 2012, or paragraph (1) of subsection (g) | ||||||
9 | of Section 12-3.05 of the Criminal Code of 2012 Class 4 felony | ||||||
10 | possession of a controlled, counterfeit, or look-alike | ||||||
11 | substance or a controlled substance analog if evidence for the | ||||||
12 | violation Class 4 felony possession charge was acquired as a | ||||||
13 | result of the person seeking or obtaining emergency medical | ||||||
14 | assistance and providing the amount of substance recovered is | ||||||
15 | within the amount identified in subsection (d) of this | ||||||
16 | Section. The violations listed in this subsection (c) must not | ||||||
17 | serve as the sole basis of a violation of parole, mandatory | ||||||
18 | supervised release, probation, or conditional discharge, or | ||||||
19 | any seizure of property under any State law authorizing civil | ||||||
20 | forfeiture so long as the evidence for the violation was | ||||||
21 | acquired as a result of the person seeking or obtaining | ||||||
22 | emergency medical assistance in the event of an overdose. | ||||||
23 | (d) For the purposes of subsections (b) and (c), the | ||||||
24 | limited immunity shall only apply to a person possessing the | ||||||
25 | following amount: | ||||||
26 | (1) less than 3 grams of a substance containing |
| |||||||
| |||||||
1 | heroin; | ||||||
2 | (2) less than 3 grams of a substance containing | ||||||
3 | cocaine; | ||||||
4 | (3) less than 3 grams of a substance containing | ||||||
5 | morphine; | ||||||
6 | (4) less than 40 grams of a substance containing | ||||||
7 | peyote; | ||||||
8 | (5) less than 40 grams of a substance containing a | ||||||
9 | derivative of barbituric acid or any of the salts of a | ||||||
10 | derivative of barbituric acid; | ||||||
11 | (6) less than 40 grams of a substance containing | ||||||
12 | amphetamine or any salt of an optical isomer of | ||||||
13 | amphetamine; | ||||||
14 | (7) less than 3 grams of a substance containing | ||||||
15 | lysergic acid diethylamide (LSD), or an analog thereof; | ||||||
16 | (8) less than 6 grams of a substance containing | ||||||
17 | pentazocine or any of the salts, isomers and salts of | ||||||
18 | isomers of pentazocine, or an analog thereof; | ||||||
19 | (9) less than 6 grams of a substance containing | ||||||
20 | methaqualone or any of the salts, isomers and salts of | ||||||
21 | isomers of methaqualone; | ||||||
22 | (10) less than 6 grams of a substance containing | ||||||
23 | phencyclidine or any of the salts, isomers and salts of | ||||||
24 | isomers of phencyclidine (PCP); | ||||||
25 | (11) less than 6 grams of a substance containing | ||||||
26 | ketamine or any of the salts, isomers and salts of isomers |
| |||||||
| |||||||
1 | of ketamine; | ||||||
2 | (12) less than 40 grams of a substance containing a | ||||||
3 | substance classified as a narcotic drug in Schedules I or | ||||||
4 | II, or an analog thereof, which is not otherwise included | ||||||
5 | in this subsection. | ||||||
6 | (e) The limited immunity described in subsections (b) and | ||||||
7 | (c) of this Section shall not be extended if law enforcement | ||||||
8 | has reasonable suspicion or probable cause to detain, arrest, | ||||||
9 | or search the person described in subsection (b) or (c) of this | ||||||
10 | Section for criminal activity and the reasonable suspicion or | ||||||
11 | probable cause is based on information obtained prior to or | ||||||
12 | independent of the individual described in subsection (b) or | ||||||
13 | (c) taking action to seek or obtain emergency medical | ||||||
14 | assistance and not obtained as a direct result of the action of | ||||||
15 | seeking or obtaining emergency medical assistance. Nothing in | ||||||
16 | this Section is intended to interfere with or prevent the | ||||||
17 | investigation, arrest, or prosecution of any person for the | ||||||
18 | delivery or distribution of cannabis, methamphetamine or other | ||||||
19 | controlled substances, drug-induced homicide, or any other | ||||||
20 | crime if the evidence of the violation is not acquired as a | ||||||
21 | result of the person seeking or obtaining emergency medical | ||||||
22 | assistance in the event of an overdose .
| ||||||
23 | (Source: P.A. 97-678, eff. 6-1-12 .)
| ||||||
24 | Section 50-10. The Methamphetamine Control and Community | ||||||
25 | Protection Act is amended by changing Section 115 as follows: |
| |||||||
| |||||||
1 | (720 ILCS 646/115) | ||||||
2 | Sec. 115. Overdose; limited immunity from prosecution . | ||||||
3 | (a) For the purposes of this Section, "overdose" means a | ||||||
4 | methamphetamine-induced physiological event that results in a | ||||||
5 | life-threatening emergency to the individual who ingested, | ||||||
6 | inhaled, injected, or otherwise bodily absorbed | ||||||
7 | methamphetamine. | ||||||
8 | (b) A person who, in good faith, seeks emergency medical | ||||||
9 | assistance for someone experiencing an overdose shall not be | ||||||
10 | arrested, charged or prosecuted for a violation of Section 55 | ||||||
11 | or 60 of this Act or Section 3.5 of the Drug Paraphernalia | ||||||
12 | Control Act, Section 9-3.3 of the Criminal Code of 2012, or | ||||||
13 | paragraph (1) of subsection (g) of Section 12-3.05 of the | ||||||
14 | Criminal Code of 2012 Class 3 felony possession of | ||||||
15 | methamphetamine if evidence for the violation Class 3 felony | ||||||
16 | possession charge was acquired as a result of the person | ||||||
17 | seeking or obtaining emergency medical assistance and | ||||||
18 | providing the amount of substance recovered is less than 3 | ||||||
19 | grams one gram of methamphetamine or a substance containing | ||||||
20 | methamphetamine. The violations listed in this subsection (b) | ||||||
21 | must not serve as the sole basis of a violation of parole, | ||||||
22 | mandatory supervised release, probation, or conditional | ||||||
23 | discharge, or any seizure of property under any State law | ||||||
24 | authorizing civil forfeiture so long as the evidence for the | ||||||
25 | violation was acquired as a result of the person seeking or |
| |||||||
| |||||||
1 | obtaining emergency medical assistance in the event of an | ||||||
2 | overdose. | ||||||
3 | (c) A person who is experiencing an overdose shall not be | ||||||
4 | arrested, charged , or prosecuted for a violation of Section 55 | ||||||
5 | or 60 of this Act or Section 3.5 of the Drug Paraphernalia | ||||||
6 | Control Act, Section 9-3.3 of the Criminal Code of 2012, or | ||||||
7 | paragraph (1) of subsection (g) of Section 12-3.05 of the | ||||||
8 | Criminal Code of 2012 Class 3 felony possession of | ||||||
9 | methamphetamine if evidence for the Class 3 felony possession | ||||||
10 | charge was acquired as a result of the person seeking or | ||||||
11 | obtaining emergency medical assistance and providing the | ||||||
12 | amount of substance recovered is less than one gram of | ||||||
13 | methamphetamine or a substance containing methamphetamine. The | ||||||
14 | violations listed in this subsection (c) must not serve as the | ||||||
15 | sole basis of a violation of parole, mandatory supervised | ||||||
16 | release, probation, or conditional discharge, or any seizure | ||||||
17 | of property under any State law authorizing civil forfeiture | ||||||
18 | so long as the evidence for the violation was acquired as a | ||||||
19 | result of the person seeking or obtaining emergency medical | ||||||
20 | assistance in the event of an overdose. | ||||||
21 | (d) The limited immunity described in subsections (b) and | ||||||
22 | (c) of this Section shall not be extended if law enforcement | ||||||
23 | has reasonable suspicion or probable cause to detain, arrest, | ||||||
24 | or search the person described in subsection (b) or (c) of this | ||||||
25 | Section for criminal activity and the reasonable suspicion or | ||||||
26 | probable cause is based on information obtained prior to or |
| |||||||
| |||||||
1 | independent of the individual described in subsection (b) or | ||||||
2 | (c) taking action to seek or obtain emergency medical | ||||||
3 | assistance and not obtained as a direct result of the action of | ||||||
4 | seeking or obtaining emergency medical assistance. Nothing in | ||||||
5 | this Section is intended to interfere with or prevent the | ||||||
6 | investigation, arrest, or prosecution of any person for the | ||||||
7 | delivery or distribution of cannabis, methamphetamine or other | ||||||
8 | controlled substances, drug-induced homicide, or any other | ||||||
9 | crime if the evidence of the violation is not acquired as a | ||||||
10 | result of the person seeking or obtaining emergency medical | ||||||
11 | assistance in the event of an overdose .
| ||||||
12 | (Source: P.A. 97-678, eff. 6-1-12 .) | ||||||
13 | Article 60. | ||||||
14 | Section 60-5. The Adult Protective Services Act is amended | ||||||
15 | by adding Section 3.1 as follows: | ||||||
16 | (320 ILCS 20/3.1 new) | ||||||
17 | Sec. 3.1. Adult protective services dementia training. | ||||||
18 | (a) This Section shall apply to any person who is employed | ||||||
19 | by the Department in the Adult Protective Services division, | ||||||
20 | or is contracted with the
Department, and works on the | ||||||
21 | development or implementation of
social services to respond to | ||||||
22 | and prevent adult abuse, neglect, or exploitation. | ||||||
23 | (b) The Department shall implement a dementia training |
| |||||||
| |||||||
1 | program that must include instruction on the identification of | ||||||
2 | people with dementia, risks such as wandering, communication | ||||||
3 | impairments, and elder abuse, and the best practices for | ||||||
4 | interacting with people with dementia. | ||||||
5 | (c) Training of at least 2 hours shall be completed at the | ||||||
6 | start of employment with the Adult Protective Services | ||||||
7 | division. Persons who are employees of the Adult Protective | ||||||
8 | Services division on the effective date of this amendatory Act | ||||||
9 | of the 102nd General Assembly shall complete this training | ||||||
10 | within 6 months after the effective date of this amendatory | ||||||
11 | Act of the 102nd General Assembly. The training shall cover | ||||||
12 | the following subjects: | ||||||
13 | (1) Alzheimer's disease and dementia. | ||||||
14 | (2) Safety risks. | ||||||
15 | (3) Communication and behavior. | ||||||
16 | (d) Annual continuing education shall include at least 2 | ||||||
17 | hours of dementia training covering the subjects described in | ||||||
18 | subsection (c). | ||||||
19 | (e) This Section is designed to address gaps in current | ||||||
20 | dementia training requirements for Adult Protective Services | ||||||
21 | officials and improve the quality of training. If laws or | ||||||
22 | rules existing on the effective date of this amendatory Act of | ||||||
23 | the 102nd General Assembly contain more rigorous training | ||||||
24 | requirements for Adult Protective Service officials, those | ||||||
25 | laws or rules shall apply. Where there is overlap between this | ||||||
26 | Section and other laws and rules, the Department shall |
| |||||||
| |||||||
1 | interpret this Section to avoid duplication of requirements | ||||||
2 | while ensuring that the minimum requirements set in this | ||||||
3 | Section are met. | ||||||
4 | (f) The Department may adopt rules for the administration | ||||||
5 | of this Section. | ||||||
6 | Article 65. | ||||||
7 | Section 65-1. Short title. This Article may be cited as | ||||||
8 | the Behavioral Health Workforce Education Center of Illinois | ||||||
9 | Act. References in this Article to "this Act" mean this | ||||||
10 | Article. | ||||||
11 | Section 65-5. Findings. The General Assembly finds as | ||||||
12 | follows:
| ||||||
13 | (1) There are insufficient behavioral health | ||||||
14 | professionals in this State's behavioral health workforce | ||||||
15 | and further that there are insufficient behavioral health | ||||||
16 | professionals trained in evidence-based practices.
| ||||||
17 | (2) The Illinois behavioral health workforce situation | ||||||
18 | is at a crisis state and the lack of a behavioral health | ||||||
19 | strategy is exacerbating the problem.
| ||||||
20 | (3) In 2019, the Journal of Community Health found | ||||||
21 | that suicide rates are disproportionately higher among | ||||||
22 | African American adolescents. From 2001 to 2017, the rate | ||||||
23 | for African American teen boys rose 60%, according to the |
| |||||||
| |||||||
1 | study. Among African American teen girls, rates nearly | ||||||
2 | tripled, rising by an astounding 182%. Illinois was among | ||||||
3 | the 10 states with the greatest number of African American | ||||||
4 | adolescent suicides (2015-2017).
| ||||||
5 | (4) Workforce shortages are evident in all behavioral | ||||||
6 | health professions, including, but not limited to, | ||||||
7 | psychiatry, psychiatric nursing, psychiatric physician | ||||||
8 | assistant, social work (licensed social work, licensed | ||||||
9 | clinical social work), counseling (licensed professional | ||||||
10 | counseling, licensed clinical professional counseling), | ||||||
11 | marriage and family therapy, licensed clinical psychology, | ||||||
12 | occupational therapy, prevention, substance use disorder | ||||||
13 | counseling, and peer support.
| ||||||
14 | (5) The shortage of behavioral health practitioners | ||||||
15 | affects every Illinois county, every group of people with | ||||||
16 | behavioral health needs, including children and | ||||||
17 | adolescents, justice-involved populations, working | ||||||
18 | adults, people experiencing homelessness, veterans, and | ||||||
19 | older adults, and every health care and social service | ||||||
20 | setting, from residential facilities and hospitals to | ||||||
21 | community-based organizations and primary care clinics.
| ||||||
22 | (6) Estimates of unmet needs consistently highlight | ||||||
23 | the dire situation in Illinois. Mental Health America | ||||||
24 | ranks Illinois 29th in the country in mental health | ||||||
25 | workforce availability based on its 480-to-1 ratio of | ||||||
26 | population to mental health professionals, and the Kaiser |
| |||||||
| |||||||
1 | Family Foundation estimates that only 23.3% of | ||||||
2 | Illinoisans' mental health needs can be met with its | ||||||
3 | current workforce.
| ||||||
4 | (7) Shortages are especially acute in rural areas and | ||||||
5 | among low-income and under-insured individuals and | ||||||
6 | families. 30.3% of Illinois' rural hospitals are in | ||||||
7 | designated primary care shortage areas and 93.7% are in | ||||||
8 | designated mental health shortage areas. Nationally, 40% | ||||||
9 | of psychiatrists work in cash-only practices, limiting | ||||||
10 | access for those who cannot afford high out-of-pocket | ||||||
11 | costs, especially Medicaid eligible individuals and | ||||||
12 | families.
| ||||||
13 | (8) Spanish-speaking therapists in suburban Cook | ||||||
14 | County, as well as in immigrant new growth communities | ||||||
15 | throughout the State, for example, and master's-prepared | ||||||
16 | social workers in rural communities are especially | ||||||
17 | difficult to recruit and retain.
| ||||||
18 | (9) Illinois' shortage of psychiatrists specializing | ||||||
19 | in serving children and adolescents is also severe. | ||||||
20 | Eighty-one out of 102 Illinois counties have no child and | ||||||
21 | adolescent psychiatrists, and the remaining 21 counties | ||||||
22 | have only 310 child and adolescent psychiatrists for a | ||||||
23 | population of 2,450,000 children.
| ||||||
24 | (10) Only 38.9% of the 121,000 Illinois youth aged 12 | ||||||
25 | through 17 who experienced a major depressive episode | ||||||
26 | received care.
|
| |||||||
| |||||||
1 | (11) An annual average of 799,000 people in Illinois | ||||||
2 | aged 12 and older need but do not receive substance use | ||||||
3 | disorder treatment at specialty facilities.
| ||||||
4 | (12) According to the Statewide Semiannual Opioid | ||||||
5 | Report,
Illinois Department of Public Health,
September | ||||||
6 | 2020, the number of opioid deaths in Illinois has | ||||||
7 | increased 3% from 2,167 deaths in 2018 to 2,233
deaths in | ||||||
8 | 2019.
| ||||||
9 | (13) Behavioral health workforce shortages have led to | ||||||
10 | well-documented problems of long wait times for | ||||||
11 | appointments with psychiatrists (4 to 6 months in some | ||||||
12 | cases), high turnover, and unfilled vacancies for social | ||||||
13 | workers and other behavioral health professionals that | ||||||
14 | have eroded the gains in insurance coverage for mental | ||||||
15 | illness and substance use disorder under the federal | ||||||
16 | Affordable Care Act and parity laws.
| ||||||
17 | (14) As a result, individuals with mental illness or | ||||||
18 | substance use disorders end up in hospital emergency | ||||||
19 | rooms, which are the most expensive level of care, or are | ||||||
20 | incarcerated and do not receive adequate care, if any.
| ||||||
21 | (15) There are many organizations and institutions | ||||||
22 | that are affected by behavioral health workforce | ||||||
23 | shortages, but no one entity is responsible for monitoring | ||||||
24 | the workforce supply and intervening to ensure it can | ||||||
25 | effectively meet behavioral health needs throughout the | ||||||
26 | State.
|
| |||||||
| |||||||
1 | (16) Workforce shortages are more complex than simple | ||||||
2 | numerical shortfalls. Identifying the optimal number, | ||||||
3 | type, and location of behavioral health professionals to | ||||||
4 | meet the differing needs of Illinois' diverse regions and | ||||||
5 | populations across the lifespan is a difficult logistical | ||||||
6 | problem at the system and practice level that requires | ||||||
7 | coordinated efforts in research, education, service | ||||||
8 | delivery, and policy.
| ||||||
9 | (17) This State has a compelling and substantial | ||||||
10 | interest in building a pipeline for behavioral health | ||||||
11 | professionals and to anchor research and education for | ||||||
12 | behavioral health workforce development. Beginning with | ||||||
13 | the proposed Behavioral Health Workforce Education Center | ||||||
14 | of Illinois, Illinois has the chance to develop a | ||||||
15 | blueprint to be a national leader in behavioral health | ||||||
16 | workforce development.
| ||||||
17 | (18) The State must act now to improve the ability of | ||||||
18 | its residents to achieve their human potential and to live | ||||||
19 | healthy, productive lives by reducing the misery and | ||||||
20 | suffering with unmet behavioral health needs.
| ||||||
21 | Section 65-10. Behavioral Health Workforce Education | ||||||
22 | Center of Illinois.
| ||||||
23 | (a) The Behavioral Health Workforce Education Center of | ||||||
24 | Illinois is created and shall be administered by a teaching, | ||||||
25 | research, or both teaching and research public institution of |
| |||||||
| |||||||
1 | higher education in this State. Subject to appropriation, the | ||||||
2 | Center shall be operational on or before July 1, 2022.
| ||||||
3 | (b) The Behavioral Health Workforce Education Center of | ||||||
4 | Illinois shall leverage workforce and behavioral health | ||||||
5 | resources, including, but not limited to, State, federal, and | ||||||
6 | foundation grant funding, federal Workforce Investment Act of | ||||||
7 | 1998 programs, the National Health Service Corps and other | ||||||
8 | nongraduate medical education physician workforce training | ||||||
9 | programs, and existing behavioral health partnerships, and | ||||||
10 | align with reforms in Illinois.
| ||||||
11 | Section 65-15. Structure.
| ||||||
12 | (a) The Behavioral Health Workforce Education Center of | ||||||
13 | Illinois shall be structured as a multisite model, and the | ||||||
14 | administering public institution of higher education shall | ||||||
15 | serve as the hub institution, complemented by secondary | ||||||
16 | regional hubs, namely academic institutions, that serve rural | ||||||
17 | and small urban areas and at least one academic institution | ||||||
18 | serving a densely urban municipality with more than 1,000,000 | ||||||
19 | inhabitants.
| ||||||
20 | (b) The Behavioral Health Workforce Education Center of | ||||||
21 | Illinois shall be located within one academic institution and | ||||||
22 | shall be tasked with a convening and coordinating role for | ||||||
23 | workforce research and planning, including monitoring progress | ||||||
24 | toward Center goals.
| ||||||
25 | (c) The Behavioral Health Workforce Education Center of |
| |||||||
| |||||||
1 | Illinois shall also coordinate with key State agencies | ||||||
2 | involved in behavioral health, workforce development, and | ||||||
3 | higher education in order to leverage disparate resources from | ||||||
4 | health care, workforce, and economic development programs in | ||||||
5 | Illinois government.
| ||||||
6 | Section 65-20. Duties. The Behavioral Health Workforce | ||||||
7 | Education Center of Illinois shall perform the following | ||||||
8 | duties:
| ||||||
9 | (1) Organize a consortium of universities in | ||||||
10 | partnerships with providers, school districts, law | ||||||
11 | enforcement, consumers and their families, State agencies, | ||||||
12 | and other stakeholders to implement workforce development | ||||||
13 | concepts and strategies in every region of this State.
| ||||||
14 | (2) Be responsible for developing and implementing a | ||||||
15 | strategic plan for the recruitment, education, and | ||||||
16 | retention of a qualified, diverse, and evolving behavioral | ||||||
17 | health workforce in this State. Its planning and | ||||||
18 | activities shall include:
| ||||||
19 | (A) convening and organizing vested stakeholders | ||||||
20 | spanning government agencies, clinics, behavioral | ||||||
21 | health facilities, prevention programs, hospitals, | ||||||
22 | schools, jails, prisons and juvenile justice, police | ||||||
23 | and emergency medical services, consumers and their | ||||||
24 | families, and other stakeholders;
| ||||||
25 | (B) collecting and analyzing data on the |
| |||||||
| |||||||
1 | behavioral health workforce in Illinois, with detailed | ||||||
2 | information on specialties, credentials, additional | ||||||
3 | qualifications (such as training or experience in | ||||||
4 | particular models of care), location of practice, and | ||||||
5 | demographic characteristics, including age, gender, | ||||||
6 | race and ethnicity, and languages spoken;
| ||||||
7 | (C) building partnerships with school districts, | ||||||
8 | public institutions of higher education, and workforce | ||||||
9 | investment agencies to create pipelines to behavioral | ||||||
10 | health careers from high schools and colleges, | ||||||
11 | pathways to behavioral health specialization among | ||||||
12 | health professional students, and expanded behavioral | ||||||
13 | health residency and internship opportunities for | ||||||
14 | graduates;
| ||||||
15 | (D) evaluating and disseminating information about | ||||||
16 | evidence-based practices emerging from research | ||||||
17 | regarding promising modalities of treatment, care | ||||||
18 | coordination models, and medications;
| ||||||
19 | (E) developing systems for tracking the | ||||||
20 | utilization of evidence-based practices that most | ||||||
21 | effectively meet behavioral health needs; and
| ||||||
22 | (F) providing technical assistance to support | ||||||
23 | professional training and continuing education | ||||||
24 | programs that provide effective training in | ||||||
25 | evidence-based behavioral health practices.
| ||||||
26 | (3) Coordinate data collection and analysis, including |
| |||||||
| |||||||
1 | systematic tracking of the behavioral health workforce and | ||||||
2 | datasets that support workforce planning for an | ||||||
3 | accessible, high-quality behavioral health system. In the | ||||||
4 | medium to long-term, the Center shall develop Illinois | ||||||
5 | behavioral workforce data capacity by:
| ||||||
6 | (A) filling gaps in workforce data by collecting | ||||||
7 | information on specialty, training, and qualifications | ||||||
8 | for specific models of care, demographic | ||||||
9 | characteristics, including gender, race, ethnicity, | ||||||
10 | and languages spoken, and participation in public and | ||||||
11 | private insurance networks;
| ||||||
12 | (B) identifying the highest priority geographies, | ||||||
13 | populations, and occupations for recruitment and | ||||||
14 | training;
| ||||||
15 | (C) monitoring the incidence of behavioral health | ||||||
16 | conditions to improve estimates of unmet need; and
| ||||||
17 | (D) compiling up-to-date, evidence-based | ||||||
18 | practices, monitoring utilization, and aligning | ||||||
19 | training resources to improve the uptake of the most | ||||||
20 | effective practices.
| ||||||
21 | (4) Work to grow and advance peer and parent-peer | ||||||
22 | workforce development by:
| ||||||
23 | (A) assessing the credentialing and reimbursement | ||||||
24 | processes and recommending reforms;
| ||||||
25 | (B) evaluating available peer-parent training | ||||||
26 | models, choosing a model that meets Illinois' needs, |
| |||||||
| |||||||
1 | and working with partners to implement it universally | ||||||
2 | in child-serving programs throughout this State; and
| ||||||
3 | (C) including peer recovery specialists and | ||||||
4 | parent-peer support professionals in interdisciplinary | ||||||
5 | training programs.
| ||||||
6 | (5) Focus on the training of behavioral health | ||||||
7 | professionals in telehealth techniques, including taking | ||||||
8 | advantage of a telehealth network that exists, and other | ||||||
9 | innovative means of care delivery in order to increase | ||||||
10 | access to behavioral health services for all persons | ||||||
11 | within this State.
| ||||||
12 | (6) No later than December 1 of every odd-numbered | ||||||
13 | year, prepare a report of its activities under this Act. | ||||||
14 | The report shall be filed electronically with the General | ||||||
15 | Assembly, as provided under Section 3.1 of the General | ||||||
16 | Assembly Organization Act, and shall be provided | ||||||
17 | electronically to any member of the General Assembly upon | ||||||
18 | request.
| ||||||
19 | Section 65-25. Selection process.
| ||||||
20 | (a) No later than 90 days after the effective date of this | ||||||
21 | Act, the Board of Higher Education shall select a public | ||||||
22 | institution of higher education, with input and assistance | ||||||
23 | from the Division of Mental Health of the Department of Human | ||||||
24 | Services, to administer the Behavioral Health Workforce | ||||||
25 | Education Center of Illinois.
|
| |||||||
| |||||||
1 | (b) The selection process shall articulate the principles | ||||||
2 | of the Behavioral Health Workforce Education Center of | ||||||
3 | Illinois, not inconsistent with this Act.
| ||||||
4 | (c) The Board of Higher Education, with input and | ||||||
5 | assistance from the Division of Mental Health of the | ||||||
6 | Department of Human Services, shall make its selection of a | ||||||
7 | public institution of higher education based on its ability | ||||||
8 | and willingness to execute the following tasks:
| ||||||
9 | (1) Convening academic institutions providing | ||||||
10 | behavioral health education to:
| ||||||
11 | (A) develop curricula to train future behavioral | ||||||
12 | health professionals in evidence-based practices that | ||||||
13 | meet the most urgent needs of Illinois' residents;
| ||||||
14 | (B) build capacity to provide clinical training | ||||||
15 | and supervision; and
| ||||||
16 | (C) facilitate telehealth services to every region | ||||||
17 | of the State.
| ||||||
18 | (2) Functioning as a clearinghouse for research, | ||||||
19 | education, and training efforts to identify and | ||||||
20 | disseminate evidence-based practices across the State.
| ||||||
21 | (3) Leveraging financial support from grants and | ||||||
22 | social impact loan funds.
| ||||||
23 | (4) Providing infrastructure to organize regional | ||||||
24 | behavioral health education and outreach. As budgets | ||||||
25 | allow, this shall include conference and training space, | ||||||
26 | research and faculty staff time, telehealth, and distance |
| |||||||
| |||||||
1 | learning equipment.
| ||||||
2 | (5) Working with regional hubs that assess and serve | ||||||
3 | the workforce needs of specific, well-defined regions and | ||||||
4 | specialize in specific research and training areas, such | ||||||
5 | as telehealth or mental health-criminal justice | ||||||
6 | partnerships, for which the regional hub can serve as a | ||||||
7 | statewide leader.
| ||||||
8 | (d) The Board of Higher Education may adopt such rules as | ||||||
9 | may be necessary to implement and administer this Section.
| ||||||
10 | Title VI. Access to Health Care | ||||||
11 | Article 70. | ||||||
12 | Section 70-5. The Use Tax Act is amended by changing | ||||||
13 | Section 3-10 as follows:
| ||||||
14 | (35 ILCS 105/3-10)
| ||||||
15 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
16 | Section, the tax
imposed by this Act is at the rate of 6.25% of | ||||||
17 | either the selling price or the
fair market value, if any, of | ||||||
18 | the tangible personal property. In all cases
where property | ||||||
19 | functionally used or consumed is the same as the property that
| ||||||
20 | was purchased at retail, then the tax is imposed on the selling | ||||||
21 | price of the
property. In all cases where property | ||||||
22 | functionally used or consumed is a
by-product or waste product |
| |||||||
| |||||||
1 | that has been refined, manufactured, or produced
from property | ||||||
2 | purchased at retail, then the tax is imposed on the lower of | ||||||
3 | the
fair market value, if any, of the specific property so used | ||||||
4 | in this State or on
the selling price of the property purchased | ||||||
5 | at retail. For purposes of this
Section "fair market value" | ||||||
6 | means the price at which property would change
hands between a | ||||||
7 | willing buyer and a willing seller, neither being under any
| ||||||
8 | compulsion to buy or sell and both having reasonable knowledge | ||||||
9 | of the
relevant facts. The fair market value shall be | ||||||
10 | established by Illinois sales by
the taxpayer of the same | ||||||
11 | property as that functionally used or consumed, or if
there | ||||||
12 | are no such sales by the taxpayer, then comparable sales or | ||||||
13 | purchases of
property of like kind and character in Illinois.
| ||||||
14 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
15 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
16 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
17 | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| ||||||
18 | Beginning on August 6, 2010 through August 15, 2010, with | ||||||
19 | respect to sales tax holiday items as defined in Section 3-6 of | ||||||
20 | this Act, the
tax is imposed at the rate of 1.25%. | ||||||
21 | With respect to gasohol, the tax imposed by this Act | ||||||
22 | applies to (i) 70%
of the proceeds of sales made on or after | ||||||
23 | January 1, 1990, and before
July 1, 2003, (ii) 80% of the | ||||||
24 | proceeds of sales made
on or after July 1, 2003 and on or | ||||||
25 | before July 1, 2017, and (iii) 100% of the proceeds of sales | ||||||
26 | made
thereafter.
If, at any time, however, the tax under this |
| |||||||
| |||||||
1 | Act on sales of gasohol is
imposed at the
rate of 1.25%, then | ||||||
2 | the tax imposed by this Act applies to 100% of the proceeds
of | ||||||
3 | sales of gasohol made during that time.
| ||||||
4 | With respect to majority blended ethanol fuel, the tax | ||||||
5 | imposed by this Act
does
not apply
to the proceeds of sales | ||||||
6 | made on or after July 1, 2003 and on or before
December 31, | ||||||
7 | 2023 but applies to 100% of the proceeds of sales made | ||||||
8 | thereafter.
| ||||||
9 | With respect to biodiesel blends with no less than 1% and | ||||||
10 | no more than 10%
biodiesel, the tax imposed by this Act applies | ||||||
11 | to (i) 80% of the
proceeds of sales made on or after July 1, | ||||||
12 | 2003 and on or before December 31, 2018
and (ii) 100% of the | ||||||
13 | proceeds of sales made
thereafter.
If, at any time, however, | ||||||
14 | the tax under this Act on sales of biodiesel blends
with no | ||||||
15 | less than 1% and no more than 10% biodiesel
is imposed at the | ||||||
16 | rate of
1.25%, then the
tax imposed by this Act applies to 100% | ||||||
17 | of the proceeds of sales of biodiesel
blends with no less than | ||||||
18 | 1% and no more than 10% biodiesel
made
during that time.
| ||||||
19 | With respect to 100% biodiesel and biodiesel blends with | ||||||
20 | more than 10%
but no more than 99% biodiesel, the tax imposed | ||||||
21 | by this Act does not apply to
the
proceeds of sales made on or | ||||||
22 | after July 1, 2003 and on or before
December 31, 2023 but | ||||||
23 | applies to 100% of the proceeds of sales made
thereafter.
| ||||||
24 | With respect to food for human consumption that is to be | ||||||
25 | consumed off the
premises where it is sold (other than | ||||||
26 | alcoholic beverages, food consisting of or infused with adult |
| |||||||
| |||||||
1 | use cannabis, soft drinks, and
food that has been prepared for | ||||||
2 | immediate consumption) and prescription and
nonprescription | ||||||
3 | medicines, drugs, medical appliances, products classified as | ||||||
4 | Class III medical devices by the United States Food and Drug | ||||||
5 | Administration that are used for cancer treatment pursuant to | ||||||
6 | a prescription, as well as any accessories and components | ||||||
7 | related to those devices, modifications to a motor
vehicle for | ||||||
8 | the purpose of rendering it usable by a person with a | ||||||
9 | disability, and
insulin, blood sugar urine testing materials, | ||||||
10 | syringes, and needles used by human diabetics, for
human use, | ||||||
11 | the tax is imposed at the rate of 1%. For the purposes of this
| ||||||
12 | Section, until September 1, 2009: the term "soft drinks" means | ||||||
13 | any complete, finished, ready-to-use,
non-alcoholic drink, | ||||||
14 | whether carbonated or not, including but not limited to
soda | ||||||
15 | water, cola, fruit juice, vegetable juice, carbonated water, | ||||||
16 | and all other
preparations commonly known as soft drinks of | ||||||
17 | whatever kind or description that
are contained in any closed | ||||||
18 | or sealed bottle, can, carton, or container,
regardless of | ||||||
19 | size; but "soft drinks" does not include coffee, tea, | ||||||
20 | non-carbonated
water, infant formula, milk or milk products as | ||||||
21 | defined in the Grade A
Pasteurized Milk and Milk Products Act, | ||||||
22 | or drinks containing 50% or more
natural fruit or vegetable | ||||||
23 | juice.
| ||||||
24 | Notwithstanding any other provisions of this
Act, | ||||||
25 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
26 | beverages that contain natural or artificial sweeteners. "Soft |
| |||||||
| |||||||
1 | drinks" do not include beverages that contain milk or milk | ||||||
2 | products, soy, rice or similar milk substitutes, or greater | ||||||
3 | than 50% of vegetable or fruit juice by volume. | ||||||
4 | Until August 1, 2009, and notwithstanding any other | ||||||
5 | provisions of this
Act, "food for human consumption that is to | ||||||
6 | be consumed off the premises where
it is sold" includes all | ||||||
7 | food sold through a vending machine, except soft
drinks and | ||||||
8 | food products that are dispensed hot from a vending machine,
| ||||||
9 | regardless of the location of the vending machine. Beginning | ||||||
10 | August 1, 2009, and notwithstanding any other provisions of | ||||||
11 | this Act, "food for human consumption that is to be consumed | ||||||
12 | off the premises where it is sold" includes all food sold | ||||||
13 | through a vending machine, except soft drinks, candy, and food | ||||||
14 | products that are dispensed hot from a vending machine, | ||||||
15 | regardless of the location of the vending machine.
| ||||||
16 | Notwithstanding any other provisions of this
Act, | ||||||
17 | beginning September 1, 2009, "food for human consumption that | ||||||
18 | is to be consumed off the premises where
it is sold" does not | ||||||
19 | include candy. For purposes of this Section, "candy" means a | ||||||
20 | preparation of sugar, honey, or other natural or artificial | ||||||
21 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
22 | other ingredients or flavorings in the form of bars, drops, or | ||||||
23 | pieces. "Candy" does not include any preparation that contains | ||||||
24 | flour or requires refrigeration. | ||||||
25 | Notwithstanding any other provisions of this
Act, | ||||||
26 | beginning September 1, 2009, "nonprescription medicines and |
| |||||||
| |||||||
1 | drugs" does not include grooming and hygiene products. For | ||||||
2 | purposes of this Section, "grooming and hygiene products" | ||||||
3 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
4 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
5 | lotions and screens, unless those products are available by | ||||||
6 | prescription only, regardless of whether the products meet the | ||||||
7 | definition of "over-the-counter-drugs". For the purposes of | ||||||
8 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
9 | use that contains a label that identifies the product as a drug | ||||||
10 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
11 | label includes: | ||||||
12 | (A) A "Drug Facts" panel; or | ||||||
13 | (B) A statement of the "active ingredient(s)" with a | ||||||
14 | list of those ingredients contained in the compound, | ||||||
15 | substance or preparation. | ||||||
16 | Beginning on the effective date of this amendatory Act of | ||||||
17 | the 98th General Assembly, "prescription and nonprescription | ||||||
18 | medicines and drugs" includes medical cannabis purchased from | ||||||
19 | a registered dispensing organization under the Compassionate | ||||||
20 | Use of Medical Cannabis Program Act. | ||||||
21 | As used in this Section, "adult use cannabis" means | ||||||
22 | cannabis subject to tax under the Cannabis Cultivation | ||||||
23 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
24 | and does not include cannabis subject to tax under the | ||||||
25 | Compassionate Use of Medical Cannabis Program Act. | ||||||
26 | If the property that is purchased at retail from a |
| |||||||
| |||||||
1 | retailer is acquired
outside Illinois and used outside | ||||||
2 | Illinois before being brought to Illinois
for use here and is | ||||||
3 | taxable under this Act, the "selling price" on which
the tax is | ||||||
4 | computed shall be reduced by an amount that represents a
| ||||||
5 | reasonable allowance for depreciation for the period of prior | ||||||
6 | out-of-state use.
| ||||||
7 | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; | ||||||
8 | 101-593, eff. 12-4-19.)
| ||||||
9 | Section 70-10. The Service Use Tax Act is amended by | ||||||
10 | changing Section 3-10 as follows:
| ||||||
11 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
12 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
13 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
14 | the selling
price of tangible personal property transferred as | ||||||
15 | an incident to the sale
of service, but, for the purpose of | ||||||
16 | computing this tax, in no event shall
the selling price be less | ||||||
17 | than the cost price of the property to the
serviceman.
| ||||||
18 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
19 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
20 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
21 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
22 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
23 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
24 | of property transferred
as an incident to the sale of service |
| |||||||
| |||||||
1 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
2 | of the selling price of
property transferred as an incident to | ||||||
3 | the sale of service on or after July
1, 2003 and on or before | ||||||
4 | July 1, 2017, and (iii)
100% of the selling price thereafter.
| ||||||
5 | If, at any time, however, the tax under this Act on sales of | ||||||
6 | gasohol, as
defined in
the Use Tax Act, is imposed at the rate | ||||||
7 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
8 | the proceeds of sales of gasohol
made during that time.
| ||||||
9 | With respect to majority blended ethanol fuel, as defined | ||||||
10 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
11 | to the selling price of property transferred
as an incident to | ||||||
12 | the sale of service on or after July 1, 2003 and on or before
| ||||||
13 | December 31, 2023 but applies to 100% of the selling price | ||||||
14 | thereafter.
| ||||||
15 | With respect to biodiesel blends, as defined in the Use | ||||||
16 | Tax Act, with no less
than 1% and no
more than 10% biodiesel, | ||||||
17 | the tax imposed by this Act
applies to (i) 80% of the selling | ||||||
18 | price of property transferred as an incident
to the sale of | ||||||
19 | service on or after July 1, 2003 and on or before December 31, | ||||||
20 | 2018
and (ii) 100% of the proceeds of the selling price
| ||||||
21 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
22 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
23 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
24 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
25 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
26 | than 1% and no more than 10% biodiesel
made
during that time.
|
| |||||||
| |||||||
1 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
2 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
3 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
4 | by this Act
does not apply to the proceeds of the selling price | ||||||
5 | of property transferred
as an incident to the sale of service | ||||||
6 | on or after July 1, 2003 and on or before
December 31, 2023 but | ||||||
7 | applies to 100% of the selling price thereafter.
| ||||||
8 | At the election of any registered serviceman made for each | ||||||
9 | fiscal year,
sales of service in which the aggregate annual | ||||||
10 | cost price of tangible
personal property transferred as an | ||||||
11 | incident to the sales of service is
less than 35%, or 75% in | ||||||
12 | the case of servicemen transferring prescription
drugs or | ||||||
13 | servicemen engaged in graphic arts production, of the | ||||||
14 | aggregate
annual total gross receipts from all sales of | ||||||
15 | service, the tax imposed by
this Act shall be based on the | ||||||
16 | serviceman's cost price of the tangible
personal property | ||||||
17 | transferred as an incident to the sale of those services.
| ||||||
18 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
19 | for
immediate consumption and transferred incident to a sale | ||||||
20 | of service subject
to this Act or the Service Occupation Tax | ||||||
21 | Act by an entity licensed under
the Hospital Licensing Act, | ||||||
22 | the Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
23 | MC/DD Act, the Specialized Mental Health Rehabilitation Act of | ||||||
24 | 2013, or the
Child Care
Act of 1969. The tax shall
also be | ||||||
25 | imposed at the rate of 1% on food for human consumption that is | ||||||
26 | to be
consumed off the premises where it is sold (other than |
| |||||||
| |||||||
1 | alcoholic beverages, food consisting of or infused with adult | ||||||
2 | use cannabis,
soft drinks, and food that has been prepared for | ||||||
3 | immediate consumption and is
not otherwise included in this | ||||||
4 | paragraph) and prescription and nonprescription
medicines, | ||||||
5 | drugs, medical appliances, products classified as Class III | ||||||
6 | medical devices by the United States Food and Drug | ||||||
7 | Administration that are used for cancer treatment pursuant to | ||||||
8 | a prescription, as well as any accessories and components | ||||||
9 | related to those devices, modifications to a motor vehicle for | ||||||
10 | the
purpose of rendering it usable by a person with a | ||||||
11 | disability, and insulin, blood sugar urine testing
materials,
| ||||||
12 | syringes, and needles used by human diabetics , for
human use . | ||||||
13 | For the purposes of this Section, until September 1, 2009: the | ||||||
14 | term "soft drinks" means any
complete, finished, ready-to-use, | ||||||
15 | non-alcoholic drink, whether carbonated or
not, including but | ||||||
16 | not limited to soda water, cola, fruit juice, vegetable
juice, | ||||||
17 | carbonated water, and all other preparations commonly known as | ||||||
18 | soft
drinks of whatever kind or description that are contained | ||||||
19 | in any closed or
sealed bottle, can, carton, or container, | ||||||
20 | regardless of size; but "soft drinks"
does not include coffee, | ||||||
21 | tea, non-carbonated water, infant formula, milk or
milk | ||||||
22 | products as defined in the Grade A Pasteurized Milk and Milk | ||||||
23 | Products Act,
or drinks containing 50% or more natural fruit | ||||||
24 | or vegetable juice.
| ||||||
25 | Notwithstanding any other provisions of this
Act, | ||||||
26 | beginning September 1, 2009, "soft drinks" means non-alcoholic |
| |||||||
| |||||||
1 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
2 | drinks" do not include beverages that contain milk or milk | ||||||
3 | products, soy, rice or similar milk substitutes, or greater | ||||||
4 | than 50% of vegetable or fruit juice by volume. | ||||||
5 | Until August 1, 2009, and notwithstanding any other | ||||||
6 | provisions of this Act, "food for human
consumption that is to | ||||||
7 | be consumed off the premises where it is sold" includes
all | ||||||
8 | food sold through a vending machine, except soft drinks and | ||||||
9 | food products
that are dispensed hot from a vending machine, | ||||||
10 | regardless of the location of
the vending machine. Beginning | ||||||
11 | August 1, 2009, and notwithstanding any other provisions of | ||||||
12 | this Act, "food for human consumption that is to be consumed | ||||||
13 | off the premises where it is sold" includes all food sold | ||||||
14 | through a vending machine, except soft drinks, candy, and food | ||||||
15 | products that are dispensed hot from a vending machine, | ||||||
16 | regardless of the location of the vending machine.
| ||||||
17 | Notwithstanding any other provisions of this
Act, | ||||||
18 | beginning September 1, 2009, "food for human consumption that | ||||||
19 | is to be consumed off the premises where
it is sold" does not | ||||||
20 | include candy. For purposes of this Section, "candy" means a | ||||||
21 | preparation of sugar, honey, or other natural or artificial | ||||||
22 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
23 | other ingredients or flavorings in the form of bars, drops, or | ||||||
24 | pieces. "Candy" does not include any preparation that contains | ||||||
25 | flour or requires refrigeration. | ||||||
26 | Notwithstanding any other provisions of this
Act, |
| |||||||
| |||||||
1 | beginning September 1, 2009, "nonprescription medicines and | ||||||
2 | drugs" does not include grooming and hygiene products. For | ||||||
3 | purposes of this Section, "grooming and hygiene products" | ||||||
4 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
5 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
6 | lotions and screens, unless those products are available by | ||||||
7 | prescription only, regardless of whether the products meet the | ||||||
8 | definition of "over-the-counter-drugs". For the purposes of | ||||||
9 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
10 | use that contains a label that identifies the product as a drug | ||||||
11 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
12 | label includes: | ||||||
13 | (A) A "Drug Facts" panel; or | ||||||
14 | (B) A statement of the "active ingredient(s)" with a | ||||||
15 | list of those ingredients contained in the compound, | ||||||
16 | substance or preparation. | ||||||
17 | Beginning on January 1, 2014 (the effective date of Public | ||||||
18 | Act 98-122), "prescription and nonprescription medicines and | ||||||
19 | drugs" includes medical cannabis purchased from a registered | ||||||
20 | dispensing organization under the Compassionate Use of Medical | ||||||
21 | Cannabis Program Act. | ||||||
22 | As used in this Section, "adult use cannabis" means | ||||||
23 | cannabis subject to tax under the Cannabis Cultivation | ||||||
24 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
25 | and does not include cannabis subject to tax under the | ||||||
26 | Compassionate Use of Medical Cannabis Program Act. |
| |||||||
| |||||||
1 | If the property that is acquired from a serviceman is | ||||||
2 | acquired outside
Illinois and used outside Illinois before | ||||||
3 | being brought to Illinois for use
here and is taxable under | ||||||
4 | this Act, the "selling price" on which the tax
is computed | ||||||
5 | shall be reduced by an amount that represents a reasonable
| ||||||
6 | allowance for depreciation for the period of prior | ||||||
7 | out-of-state use.
| ||||||
8 | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; | ||||||
9 | 101-593, eff. 12-4-19.) | ||||||
10 | Section 70-15. The Service Occupation Tax Act is amended | ||||||
11 | by changing Section 3-10 as follows:
| ||||||
12 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
13 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
14 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
15 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
16 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
17 | computing this tax, in no event
shall the "selling price" be | ||||||
18 | less than the cost price to the serviceman of
the tangible | ||||||
19 | personal property transferred. The selling price of each item
| ||||||
20 | of tangible personal property transferred as an incident of a | ||||||
21 | sale of
service may be shown as a distinct and separate item on | ||||||
22 | the serviceman's
billing to the service customer. If the | ||||||
23 | selling price is not so shown, the
selling price of the | ||||||
24 | tangible personal property is deemed to be 50% of the
|
| |||||||
| |||||||
1 | serviceman's entire billing to the service customer. When, | ||||||
2 | however, a
serviceman contracts to design, develop, and | ||||||
3 | produce special order machinery or
equipment, the tax imposed | ||||||
4 | by this Act shall be based on the serviceman's
cost price of | ||||||
5 | the tangible personal property transferred incident to the
| ||||||
6 | completion of the contract.
| ||||||
7 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
8 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
9 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
10 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
11 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
12 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
13 | price of property
transferred as
an incident to the sale of | ||||||
14 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
15 | (ii) 80% of the selling price of property transferred as an
| ||||||
16 | incident to the sale of service on or after July
1, 2003 and on | ||||||
17 | or before July 1, 2017, and (iii) 100%
of
the cost price
| ||||||
18 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
19 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
20 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
21 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
22 | With respect to majority blended ethanol fuel, as defined | ||||||
23 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
24 | to the selling price of property transferred
as an incident to | ||||||
25 | the sale of service on or after July 1, 2003 and on or before
| ||||||
26 | December 31, 2023 but applies to 100% of the selling price |
| |||||||
| |||||||
1 | thereafter.
| ||||||
2 | With respect to biodiesel blends, as defined in the Use | ||||||
3 | Tax Act, with no less
than 1% and no
more than 10% biodiesel, | ||||||
4 | the tax imposed by this Act
applies to (i) 80% of the selling | ||||||
5 | price of property transferred as an incident
to the sale of | ||||||
6 | service on or after July 1, 2003 and on or before December 31, | ||||||
7 | 2018
and (ii) 100% of the proceeds of the selling price
| ||||||
8 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
9 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
10 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
11 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
12 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
13 | than 1% and no more than 10% biodiesel
made
during that time.
| ||||||
14 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
15 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
16 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
17 | imposed by this
Act
does not apply to the proceeds of the | ||||||
18 | selling price of property transferred
as an incident to the | ||||||
19 | sale of service on or after July 1, 2003 and on or before
| ||||||
20 | December 31, 2023 but applies to 100% of the selling price | ||||||
21 | thereafter.
| ||||||
22 | At the election of any registered serviceman made for each | ||||||
23 | fiscal year,
sales of service in which the aggregate annual | ||||||
24 | cost price of tangible
personal property transferred as an | ||||||
25 | incident to the sales of service is
less than 35%, or 75% in | ||||||
26 | the case of servicemen transferring prescription
drugs or |
| |||||||
| |||||||
1 | servicemen engaged in graphic arts production, of the | ||||||
2 | aggregate
annual total gross receipts from all sales of | ||||||
3 | service, the tax imposed by
this Act shall be based on the | ||||||
4 | serviceman's cost price of the tangible
personal property | ||||||
5 | transferred incident to the sale of those services.
| ||||||
6 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
7 | for
immediate consumption and transferred incident to a sale | ||||||
8 | of service subject
to this Act or the Service Occupation Tax | ||||||
9 | Act by an entity licensed under
the Hospital Licensing Act, | ||||||
10 | the Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
11 | MC/DD Act, the Specialized Mental Health Rehabilitation Act of | ||||||
12 | 2013, or the
Child Care Act of 1969. The tax shall
also be | ||||||
13 | imposed at the rate of 1% on food for human consumption that is
| ||||||
14 | to be consumed off the
premises where it is sold (other than | ||||||
15 | alcoholic beverages, food consisting of or infused with adult | ||||||
16 | use cannabis, soft drinks, and
food that has been prepared for | ||||||
17 | immediate consumption and is not
otherwise included in this | ||||||
18 | paragraph) and prescription and
nonprescription medicines, | ||||||
19 | drugs, medical appliances, products classified as Class III | ||||||
20 | medical devices by the United States Food and Drug | ||||||
21 | Administration that are used for cancer treatment pursuant to | ||||||
22 | a prescription, as well as any accessories and components | ||||||
23 | related to those devices, modifications to a motor
vehicle for | ||||||
24 | the purpose of rendering it usable by a person with a | ||||||
25 | disability, and
insulin, blood sugar urine testing materials, | ||||||
26 | syringes, and needles used by human diabetics , for
human use . |
| |||||||
| |||||||
1 | For the purposes of this Section, until September 1, 2009: the | ||||||
2 | term "soft drinks" means any
complete, finished, ready-to-use, | ||||||
3 | non-alcoholic drink, whether carbonated or
not, including but | ||||||
4 | not limited to soda water, cola, fruit juice, vegetable
juice, | ||||||
5 | carbonated water, and all other preparations commonly known as | ||||||
6 | soft
drinks of whatever kind or description that are contained | ||||||
7 | in any closed or
sealed can, carton, or container, regardless | ||||||
8 | of size; but "soft drinks" does not
include coffee, tea, | ||||||
9 | non-carbonated water, infant formula, milk or milk
products as | ||||||
10 | defined in the Grade A Pasteurized Milk and Milk Products Act, | ||||||
11 | or
drinks containing 50% or more natural fruit or vegetable | ||||||
12 | juice.
| ||||||
13 | Notwithstanding any other provisions of this
Act, | ||||||
14 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
15 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
16 | drinks" do not include beverages that contain milk or milk | ||||||
17 | products, soy, rice or similar milk substitutes, or greater | ||||||
18 | than 50% of vegetable or fruit juice by volume. | ||||||
19 | Until August 1, 2009, and notwithstanding any other | ||||||
20 | provisions of this Act, "food for human consumption
that is to | ||||||
21 | be consumed off the premises where it is sold" includes all | ||||||
22 | food
sold through a vending machine, except soft drinks and | ||||||
23 | food products that are
dispensed hot from a vending machine, | ||||||
24 | regardless of the location of the vending
machine. Beginning | ||||||
25 | August 1, 2009, and notwithstanding any other provisions of | ||||||
26 | this Act, "food for human consumption that is to be consumed |
| |||||||
| |||||||
1 | off the premises where it is sold" includes all food sold | ||||||
2 | through a vending machine, except soft drinks, candy, and food | ||||||
3 | products that are dispensed hot from a vending machine, | ||||||
4 | regardless of the location of the vending machine.
| ||||||
5 | Notwithstanding any other provisions of this
Act, | ||||||
6 | beginning September 1, 2009, "food for human consumption that | ||||||
7 | is to be consumed off the premises where
it is sold" does not | ||||||
8 | include candy. For purposes of this Section, "candy" means a | ||||||
9 | preparation of sugar, honey, or other natural or artificial | ||||||
10 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
11 | other ingredients or flavorings in the form of bars, drops, or | ||||||
12 | pieces. "Candy" does not include any preparation that contains | ||||||
13 | flour or requires refrigeration. | ||||||
14 | Notwithstanding any other provisions of this
Act, | ||||||
15 | beginning September 1, 2009, "nonprescription medicines and | ||||||
16 | drugs" does not include grooming and hygiene products. For | ||||||
17 | purposes of this Section, "grooming and hygiene products" | ||||||
18 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
19 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
20 | lotions and screens, unless those products are available by | ||||||
21 | prescription only, regardless of whether the products meet the | ||||||
22 | definition of "over-the-counter-drugs". For the purposes of | ||||||
23 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
24 | use that contains a label that identifies the product as a drug | ||||||
25 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
26 | label includes: |
| |||||||
| |||||||
1 | (A) A "Drug Facts" panel; or | ||||||
2 | (B) A statement of the "active ingredient(s)" with a | ||||||
3 | list of those ingredients contained in the compound, | ||||||
4 | substance or preparation. | ||||||
5 | Beginning on January 1, 2014 (the effective date of Public | ||||||
6 | Act 98-122), "prescription and nonprescription medicines and | ||||||
7 | drugs" includes medical cannabis purchased from a registered | ||||||
8 | dispensing organization under the Compassionate Use of Medical | ||||||
9 | Cannabis Program Act. | ||||||
10 | As used in this Section, "adult use cannabis" means | ||||||
11 | cannabis subject to tax under the Cannabis Cultivation | ||||||
12 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
13 | and does not include cannabis subject to tax under the | ||||||
14 | Compassionate Use of Medical Cannabis Program Act. | ||||||
15 | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; | ||||||
16 | 101-593, eff. 12-4-19.) | ||||||
17 | Section 70-20. The Retailers' Occupation Tax Act is | ||||||
18 | amended by changing Section 2-10 as follows:
| ||||||
19 | (35 ILCS 120/2-10)
| ||||||
20 | Sec. 2-10. Rate of tax. Unless otherwise provided in this | ||||||
21 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
22 | gross receipts
from sales of tangible personal property made | ||||||
23 | in the course of business.
| ||||||
24 | Beginning on July 1, 2000 and through December 31, 2000, |
| |||||||
| |||||||
1 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
2 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
3 | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| ||||||
4 | Beginning on August 6, 2010 through August 15, 2010, with | ||||||
5 | respect to sales tax holiday items as defined in Section 2-8 of | ||||||
6 | this Act, the
tax is imposed at the rate of 1.25%. | ||||||
7 | Within 14 days after the effective date of this amendatory | ||||||
8 | Act of the 91st
General Assembly, each retailer of motor fuel | ||||||
9 | and gasohol shall cause the
following notice to be posted in a | ||||||
10 | prominently visible place on each retail
dispensing device | ||||||
11 | that is used to dispense motor
fuel or gasohol in the State of | ||||||
12 | Illinois: "As of July 1, 2000, the State of
Illinois has | ||||||
13 | eliminated the State's share of sales tax on motor fuel and
| ||||||
14 | gasohol through December 31, 2000. The price on this pump | ||||||
15 | should reflect the
elimination of the tax." The notice shall | ||||||
16 | be printed in bold print on a sign
that is no smaller than 4 | ||||||
17 | inches by 8 inches. The sign shall be clearly
visible to | ||||||
18 | customers. Any retailer who fails to post or maintain a | ||||||
19 | required
sign through December 31, 2000 is guilty of a petty | ||||||
20 | offense for which the fine
shall be $500 per day per each | ||||||
21 | retail premises where a violation occurs.
| ||||||
22 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
23 | tax imposed
by this Act applies to (i) 70% of the proceeds of | ||||||
24 | sales made on or after
January 1, 1990, and before July 1, | ||||||
25 | 2003, (ii) 80% of the proceeds of
sales made on or after July | ||||||
26 | 1, 2003 and on or before July 1, 2017, and (iii) 100% of the |
| |||||||
| |||||||
1 | proceeds of sales
made thereafter.
If, at any time, however, | ||||||
2 | the tax under this Act on sales of gasohol, as
defined in
the | ||||||
3 | Use Tax Act, is imposed at the rate of 1.25%, then the
tax | ||||||
4 | imposed by this Act applies to 100% of the proceeds of sales of | ||||||
5 | gasohol
made during that time.
| ||||||
6 | With respect to majority blended ethanol fuel, as defined | ||||||
7 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
8 | to the proceeds of sales made on or after
July 1, 2003 and on | ||||||
9 | or before December 31, 2023 but applies to 100% of the
proceeds | ||||||
10 | of sales made thereafter.
| ||||||
11 | With respect to biodiesel blends, as defined in the Use | ||||||
12 | Tax Act, with no less
than 1% and no
more than 10% biodiesel, | ||||||
13 | the tax imposed by this Act
applies to (i) 80% of the proceeds | ||||||
14 | of sales made on or after July 1, 2003
and on or before | ||||||
15 | December 31, 2018 and (ii) 100% of the
proceeds of sales made | ||||||
16 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
17 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
18 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
19 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
20 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
21 | than 1% and no more than 10% biodiesel
made
during that time.
| ||||||
22 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
23 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
24 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
25 | by this Act
does not apply to the proceeds of sales made on or | ||||||
26 | after July 1, 2003
and on or before December 31, 2023 but |
| |||||||
| |||||||
1 | applies to 100% of the
proceeds of sales made thereafter.
| ||||||
2 | With respect to food for human consumption that is to be | ||||||
3 | consumed off the
premises where it is sold (other than | ||||||
4 | alcoholic beverages, food consisting of or infused with adult | ||||||
5 | use cannabis, soft drinks, and
food that has been prepared for | ||||||
6 | immediate consumption) and prescription and
nonprescription | ||||||
7 | medicines, drugs, medical appliances, products classified as | ||||||
8 | Class III medical devices by the United States Food and Drug | ||||||
9 | Administration that are used for cancer treatment pursuant to | ||||||
10 | a prescription, as well as any accessories and components | ||||||
11 | related to those devices, modifications to a motor
vehicle for | ||||||
12 | the purpose of rendering it usable by a person with a | ||||||
13 | disability, and
insulin, blood sugar urine testing materials, | ||||||
14 | syringes, and needles used by human diabetics, for
human use, | ||||||
15 | the tax is imposed at the rate of 1%. For the purposes of this
| ||||||
16 | Section, until September 1, 2009: the term "soft drinks" means | ||||||
17 | any complete, finished, ready-to-use,
non-alcoholic drink, | ||||||
18 | whether carbonated or not, including but not limited to
soda | ||||||
19 | water, cola, fruit juice, vegetable juice, carbonated water, | ||||||
20 | and all other
preparations commonly known as soft drinks of | ||||||
21 | whatever kind or description that
are contained in any closed | ||||||
22 | or sealed bottle, can, carton, or container,
regardless of | ||||||
23 | size; but "soft drinks" does not include coffee, tea, | ||||||
24 | non-carbonated
water, infant formula, milk or milk products as | ||||||
25 | defined in the Grade A
Pasteurized Milk and Milk Products Act, | ||||||
26 | or drinks containing 50% or more
natural fruit or vegetable |
| |||||||
| |||||||
1 | juice.
| ||||||
2 | Notwithstanding any other provisions of this
Act, | ||||||
3 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
4 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
5 | drinks" do not include beverages that contain milk or milk | ||||||
6 | products, soy, rice or similar milk substitutes, or greater | ||||||
7 | than 50% of vegetable or fruit juice by volume. | ||||||
8 | Until August 1, 2009, and notwithstanding any other | ||||||
9 | provisions of this
Act, "food for human consumption that is to | ||||||
10 | be consumed off the premises where
it is sold" includes all | ||||||
11 | food sold through a vending machine, except soft
drinks and | ||||||
12 | food products that are dispensed hot from a vending machine,
| ||||||
13 | regardless of the location of the vending machine. Beginning | ||||||
14 | August 1, 2009, and notwithstanding any other provisions of | ||||||
15 | this Act, "food for human consumption that is to be consumed | ||||||
16 | off the premises where it is sold" includes all food sold | ||||||
17 | through a vending machine, except soft drinks, candy, and food | ||||||
18 | products that are dispensed hot from a vending machine, | ||||||
19 | regardless of the location of the vending machine.
| ||||||
20 | Notwithstanding any other provisions of this
Act, | ||||||
21 | beginning September 1, 2009, "food for human consumption that | ||||||
22 | is to be consumed off the premises where
it is sold" does not | ||||||
23 | include candy. For purposes of this Section, "candy" means a | ||||||
24 | preparation of sugar, honey, or other natural or artificial | ||||||
25 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
26 | other ingredients or flavorings in the form of bars, drops, or |
| |||||||
| |||||||
1 | pieces. "Candy" does not include any preparation that contains | ||||||
2 | flour or requires refrigeration. | ||||||
3 | Notwithstanding any other provisions of this
Act, | ||||||
4 | beginning September 1, 2009, "nonprescription medicines and | ||||||
5 | drugs" does not include grooming and hygiene products. For | ||||||
6 | purposes of this Section, "grooming and hygiene products" | ||||||
7 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
8 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
9 | lotions and screens, unless those products are available by | ||||||
10 | prescription only, regardless of whether the products meet the | ||||||
11 | definition of "over-the-counter-drugs". For the purposes of | ||||||
12 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
13 | use that contains a label that identifies the product as a drug | ||||||
14 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
15 | label includes: | ||||||
16 | (A) A "Drug Facts" panel; or | ||||||
17 | (B) A statement of the "active ingredient(s)" with a | ||||||
18 | list of those ingredients contained in the compound, | ||||||
19 | substance or preparation.
| ||||||
20 | Beginning on the effective date of this amendatory Act of | ||||||
21 | the 98th General Assembly, "prescription and nonprescription | ||||||
22 | medicines and drugs" includes medical cannabis purchased from | ||||||
23 | a registered dispensing organization under the Compassionate | ||||||
24 | Use of Medical Cannabis Program Act. | ||||||
25 | As used in this Section, "adult use cannabis" means | ||||||
26 | cannabis subject to tax under the Cannabis Cultivation |
| |||||||
| |||||||
1 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
2 | and does not include cannabis subject to tax under the | ||||||
3 | Compassionate Use of Medical Cannabis Program Act. | ||||||
4 | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; | ||||||
5 | 101-593, eff. 12-4-19.)
| ||||||
6 | Article 72. | ||||||
7 | Section 72-1. Short title. This Article may be cited as | ||||||
8 | the Underlying Causes of Crime and Violence Study Act. | ||||||
9 | Section 72-5. Legislative findings. In the State of | ||||||
10 | Illinois, two-thirds of gun violence is related to suicide, | ||||||
11 | and one-third is related to homicide, claiming approximately | ||||||
12 | 12,000 lives a year. Violence has plagued communities, | ||||||
13 | predominantly poor and distressed communities in urban | ||||||
14 | settings, which have always treated violence as a criminal | ||||||
15 | justice issue, instead of a public health issue. On February | ||||||
16 | 21, 2018, Pastor Anthony Williams was informed that his son, | ||||||
17 | Nehemiah William, had been shot to death. Due to this | ||||||
18 | disheartening event, Pastor Anthony Williams reached out to | ||||||
19 | State Representative Elizabeth "Lisa" Hernandez, urging that | ||||||
20 | the issue of violence be treated as a public health crisis. In | ||||||
21 | 2018, elected officials from all levels of government started | ||||||
22 | a coalition to address violence as a public health crisis, | ||||||
23 | with the assistance of faith-based organizations, advocates, |
| |||||||
| |||||||
1 | and community members and held a statewide listening tour from | ||||||
2 | August 2018 to April 2019. The listening tour consisted of | ||||||
3 | stops on the South Side and West Side of Chicago, Maywood, | ||||||
4 | Springfield, and East St. Louis, with a future scheduled visit | ||||||
5 | in Danville. During the statewide listening sessions, | ||||||
6 | community members actively discussed neighborhood safety, | ||||||
7 | defining violence and how and why violence occurs in their | ||||||
8 | communities. The listening sessions provided different | ||||||
9 | solutions to address violence, however, all sessions confirmed | ||||||
10 | a disconnect from the priorities of government and the needs | ||||||
11 | of these communities.
| ||||||
12 | Section 72-10. Study. The Department of Public Health and | ||||||
13 | the Department of Human Services shall study how to create a | ||||||
14 | process to identify high violence communities, also known as | ||||||
15 | R3 (Restore, Reinvest, and Renew) areas, and prioritize State | ||||||
16 | dollars to go to these communities to fund programs as well as | ||||||
17 | community and economic development projects that would address | ||||||
18 | the underlying causes of crime and violence.
| ||||||
19 | Due to a variety of reasons, including in particular the | ||||||
20 | State's budget impasse, funds from multiple sources to | ||||||
21 | establish such a comprehensive policy are subject to | ||||||
22 | appropriation. Private philanthropic efforts will also be | ||||||
23 | considered. Policies like R3 are needed in order to provide | ||||||
24 | communities that have historically suffered from divestment, | ||||||
25 | poverty, and incarceration with smart solutions that can solve |
| |||||||
| |||||||
1 | the plague of structural violence that includes collective, | ||||||
2 | interpersonal, and self-directed violence. Understanding | ||||||
3 | structural violence helps explain the multiple and often | ||||||
4 | intersecting forces that create and perpetuate these | ||||||
5 | conditions on multiple levels. It is clear that violence is a | ||||||
6 | public health problem that needs to be treated as such. | ||||||
7 | Research has shown that when violence is treated in such a way | ||||||
8 | that educates, fosters collaboration, and redirects the | ||||||
9 | funding on a governmental level, its effects can be slowed or | ||||||
10 | even halted, resulting in civility being brought to our | ||||||
11 | communities in the State of Illinois. Research has shown that | ||||||
12 | when violence is treated in such a way, then its effects can be | ||||||
13 | slowed or even halted. | ||||||
14 | Section 72-15. Report.
The Department of Public Health | ||||||
15 | and the Department of Human Services are required to report | ||||||
16 | their findings to the General Assembly by December 31, 2021. | ||||||
17 | Article 80. | ||||||
18 | Section 80-5. The Employee Sick Leave Act is amended by | ||||||
19 | changing Sections 5 and 10 as follows: | ||||||
20 | (820 ILCS 191/5)
| ||||||
21 | Sec. 5. Definitions. In this Act: | ||||||
22 | "Covered family member" means an employee's child, |
| |||||||
| |||||||
1 | stepchild, spouse, domestic partner, sibling, parent, | ||||||
2 | mother-in-law, father-in-law, grandchild, grandparent, or | ||||||
3 | stepparent. | ||||||
4 | "Department" means the Department of Labor. | ||||||
5 | "Personal care" means activities to ensure that a covered | ||||||
6 | family member's basic medical, hygiene, nutritional, or safety | ||||||
7 | needs are met, or to provide transportation to medical | ||||||
8 | appointments, for a covered family member who is unable to | ||||||
9 | meet those needs himself or herself. "Personal care" also | ||||||
10 | means being physically present to provide emotional support to | ||||||
11 | a covered family member with a serious health condition who is | ||||||
12 | receiving inpatient or home care. | ||||||
13 | "Personal sick leave benefits" means any paid or unpaid | ||||||
14 | time available to an employee as provided through an | ||||||
15 | employment benefit plan or paid time off policy to be used as a | ||||||
16 | result of absence from work due to personal illness, injury, | ||||||
17 | or medical appointment , or for personal care of a covered | ||||||
18 | family member . An employment benefit plan or paid time off | ||||||
19 | policy does not include long term disability, short term | ||||||
20 | disability, an insurance policy, or other comparable benefit | ||||||
21 | plan or policy.
| ||||||
22 | (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.) | ||||||
23 | (820 ILCS 191/10)
| ||||||
24 | Sec. 10. Use of leave; limitations. | ||||||
25 | (a) An employee may use personal sick leave benefits |
| |||||||
| |||||||
1 | provided by the employer for absences due to an illness, | ||||||
2 | injury, or medical appointment of the employee's child, | ||||||
3 | stepchild, spouse, domestic partner, sibling, parent, | ||||||
4 | mother-in-law, father-in-law, grandchild, grandparent, or | ||||||
5 | stepparent, or for personal care of a covered family member on | ||||||
6 | the same terms upon which the employee is able to use personal | ||||||
7 | sick leave benefits for the employee's own illness or injury. | ||||||
8 | An employer may request written verification of the employee's | ||||||
9 | absence from a health care professional if such verification | ||||||
10 | is required under the employer's employment benefit plan or | ||||||
11 | paid time off policy. | ||||||
12 | (b) An employer may limit the use of personal sick leave | ||||||
13 | benefits provided by the employer for absences due to an | ||||||
14 | illness, injury, or medical appointment , or personal care of | ||||||
15 | the employee's covered family member of the employee's child, | ||||||
16 | stepchild, spouse, domestic partner, sibling, parent, | ||||||
17 | mother-in-law, father-in-law, grandchild, grandparent, or | ||||||
18 | stepparent to an amount not less than the personal sick leave | ||||||
19 | that would be earned or accrued during 6 months at the | ||||||
20 | employee's then current rate of entitlement. For employers who | ||||||
21 | base personal sick leave benefits on an employee's years of | ||||||
22 | service instead of annual or monthly accrual, such employer | ||||||
23 | may limit the amount of sick leave to be used under this Act to | ||||||
24 | half of the employee's maximum annual grant. | ||||||
25 | (c) An employer who provides personal sick leave benefits | ||||||
26 | or a paid time off policy that would otherwise provide |
| |||||||
| |||||||
1 | benefits as required under subsections (a) and (b) shall not | ||||||
2 | be required to modify such benefits.
| ||||||
3 | (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.) | ||||||
4 | Article 90. | ||||||
5 | Section 90-5. The Nursing Home Care Act is amended by | ||||||
6 | adding Section 3-206.06 as follows: | ||||||
7 | (210 ILCS 45/3-206.06 new) | ||||||
8 | Sec. 3-206.06. Testing for Legionella bacteria. A facility | ||||||
9 | shall develop a policy for testing its water supply for | ||||||
10 | Legionella bacteria. The policy shall include the frequency | ||||||
11 | with which testing is conducted. The policy and the results of | ||||||
12 | any tests shall be made available to the Department upon | ||||||
13 | request. | ||||||
14 | Section 90-10. The Hospital Licensing Act is amended by | ||||||
15 | adding Section 6.29 as follows: | ||||||
16 | (210 ILCS 85/6.29 new) | ||||||
17 | Sec. 6.29. Testing for Legionella bacteria. A hospital | ||||||
18 | shall develop a policy for testing its water supply for | ||||||
19 | Legionella bacteria. The policy shall include the frequency | ||||||
20 | with which testing is conducted. The policy and the results of | ||||||
21 | any tests shall be made available to the Department upon |
| |||||||
| |||||||
1 | request. | ||||||
2 | Article 95. | ||||||
3 | Section 95-5. The Child Care Act of 1969 is amended by | ||||||
4 | changing Section 7 as follows:
| ||||||
5 | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| ||||||
6 | Sec. 7. (a) The Department must prescribe and publish | ||||||
7 | minimum standards
for licensing that apply to the various | ||||||
8 | types of facilities for child care
defined in this Act and that | ||||||
9 | are equally applicable to like institutions
under the control | ||||||
10 | of the Department and to foster family homes used by and
under | ||||||
11 | the direct supervision of the Department. The Department shall | ||||||
12 | seek
the advice and assistance of persons representative of | ||||||
13 | the various types of
child care facilities in establishing | ||||||
14 | such standards. The standards
prescribed and published under | ||||||
15 | this Act take effect as provided in the
Illinois | ||||||
16 | Administrative Procedure Act, and are restricted to
| ||||||
17 | regulations pertaining to the following matters and to any | ||||||
18 | rules and regulations required or permitted by any other | ||||||
19 | Section of this Act:
| ||||||
20 | (1) The operation and conduct of the facility and | ||||||
21 | responsibility it
assumes for child care;
| ||||||
22 | (2) The character, suitability and qualifications of | ||||||
23 | the applicant and
other persons directly responsible for |
| |||||||
| |||||||
1 | the care and welfare of children
served. All child day | ||||||
2 | care center licensees and employees who are required
to
| ||||||
3 | report child abuse or neglect under the Abused and | ||||||
4 | Neglected Child Reporting
Act shall be required to attend | ||||||
5 | training on recognizing child abuse and
neglect, as | ||||||
6 | prescribed by Department rules;
| ||||||
7 | (3) The general financial ability and competence of | ||||||
8 | the applicant to
provide necessary care for children and | ||||||
9 | to maintain prescribed standards;
| ||||||
10 | (4) The number of individuals or staff required to | ||||||
11 | insure adequate
supervision and care of the children | ||||||
12 | received. The standards shall provide
that each child care | ||||||
13 | institution, maternity center, day care center,
group | ||||||
14 | home, day care home, and group day care home shall have on | ||||||
15 | its
premises during its hours of operation at
least one | ||||||
16 | staff member certified in first aid, in the Heimlich | ||||||
17 | maneuver and
in cardiopulmonary resuscitation by the | ||||||
18 | American Red Cross or other
organization approved by rule | ||||||
19 | of the Department. Child welfare agencies
shall not be | ||||||
20 | subject to such a staffing requirement. The Department may
| ||||||
21 | offer, or arrange for the offering, on a periodic basis in | ||||||
22 | each community
in this State in cooperation with the | ||||||
23 | American Red Cross, the American
Heart Association or | ||||||
24 | other appropriate organization, voluntary programs to
| ||||||
25 | train operators of foster family homes and day care homes | ||||||
26 | in first aid and
cardiopulmonary resuscitation;
|
| |||||||
| |||||||
1 | (5) The appropriateness, safety, cleanliness, and | ||||||
2 | general adequacy of the
premises, including maintenance of | ||||||
3 | adequate fire prevention and health
standards conforming | ||||||
4 | to State laws and municipal codes to provide for the
| ||||||
5 | physical comfort, care, and well-being of children | ||||||
6 | received;
| ||||||
7 | (6) Provisions for food, clothing, educational | ||||||
8 | opportunities, program,
equipment and individual supplies | ||||||
9 | to assure the healthy physical, mental,
and spiritual | ||||||
10 | development of children served;
| ||||||
11 | (7) Provisions to safeguard the legal rights of | ||||||
12 | children served;
| ||||||
13 | (8) Maintenance of records pertaining to the | ||||||
14 | admission, progress, health,
and discharge of children, | ||||||
15 | including, for day care centers and day care
homes, | ||||||
16 | records indicating each child has been immunized as | ||||||
17 | required by State
regulations. The Department shall | ||||||
18 | require proof that children enrolled in
a facility have | ||||||
19 | been immunized against Haemophilus Influenzae B (HIB);
| ||||||
20 | (9) Filing of reports with the Department;
| ||||||
21 | (10) Discipline of children;
| ||||||
22 | (11) Protection and fostering of the particular
| ||||||
23 | religious faith of the children served;
| ||||||
24 | (12) Provisions prohibiting firearms on day care | ||||||
25 | center premises
except in the possession of peace | ||||||
26 | officers;
|
| |||||||
| |||||||
1 | (13) Provisions prohibiting handguns on day care home | ||||||
2 | premises except in
the possession of peace officers or | ||||||
3 | other adults who must possess a handgun
as a condition of | ||||||
4 | employment and who reside on the premises of a day care | ||||||
5 | home;
| ||||||
6 | (14) Provisions requiring that any firearm permitted | ||||||
7 | on day care home
premises, except handguns in the | ||||||
8 | possession of peace officers, shall be
kept in a | ||||||
9 | disassembled state, without ammunition, in locked storage,
| ||||||
10 | inaccessible to children and that ammunition permitted on | ||||||
11 | day care home
premises shall be kept in locked storage | ||||||
12 | separate from that of disassembled
firearms, inaccessible | ||||||
13 | to children;
| ||||||
14 | (15) Provisions requiring notification of parents or | ||||||
15 | guardians enrolling
children at a day care home of the | ||||||
16 | presence in the day care home of any
firearms and | ||||||
17 | ammunition and of the arrangements for the separate, | ||||||
18 | locked
storage of such firearms and ammunition;
| ||||||
19 | (16) Provisions requiring all licensed child care | ||||||
20 | facility employees who care for newborns and infants to | ||||||
21 | complete training every 3 years on the nature of sudden | ||||||
22 | unexpected infant death (SUID), sudden infant death | ||||||
23 | syndrome (SIDS), and the safe sleep recommendations of the | ||||||
24 | American Academy of Pediatrics; and | ||||||
25 | (17) With respect to foster family homes, provisions | ||||||
26 | requiring the Department to review quality of care |
| |||||||
| |||||||
1 | concerns and to consider those concerns in determining | ||||||
2 | whether a foster family home is qualified to care for | ||||||
3 | children. | ||||||
4 | By July 1, 2022, all licensed day care home providers, | ||||||
5 | licensed group day care home providers, and licensed day care | ||||||
6 | center directors and classroom staff shall participate in at | ||||||
7 | least one training that includes the topics of early childhood | ||||||
8 | social emotional learning, infant and early childhood mental | ||||||
9 | health, early childhood trauma, or adverse childhood | ||||||
10 | experiences. Current licensed providers, directors, and | ||||||
11 | classroom staff shall complete training by July 1, 2022 and | ||||||
12 | shall participate in training that includes the above topics | ||||||
13 | at least once every 3 years. | ||||||
14 | (b) If, in a facility for general child care, there are | ||||||
15 | children
diagnosed as mentally ill or children diagnosed as | ||||||
16 | having an intellectual or physical disability, who
are | ||||||
17 | determined to be in need of special mental treatment or of | ||||||
18 | nursing
care, or both mental treatment and nursing care, the | ||||||
19 | Department shall seek
the advice and recommendation of the | ||||||
20 | Department of Human Services,
the Department of Public Health, | ||||||
21 | or both
Departments regarding the residential treatment and | ||||||
22 | nursing care provided
by the institution.
| ||||||
23 | (c) The Department shall investigate any person applying | ||||||
24 | to be
licensed as a foster parent to determine whether there is | ||||||
25 | any evidence of
current drug or alcohol abuse in the | ||||||
26 | prospective foster family. The
Department shall not license a |
| |||||||
| |||||||
1 | person as a foster parent if drug or alcohol
abuse has been | ||||||
2 | identified in the foster family or if a reasonable suspicion
| ||||||
3 | of such abuse exists, except that the Department may grant a | ||||||
4 | foster parent
license to an applicant identified with an | ||||||
5 | alcohol or drug problem if the
applicant has successfully | ||||||
6 | participated in an alcohol or drug treatment
program, | ||||||
7 | self-help group, or other suitable activities and if the | ||||||
8 | Department determines that the foster family home can provide | ||||||
9 | a safe, appropriate environment and meet the physical and | ||||||
10 | emotional needs of children.
| ||||||
11 | (d) The Department, in applying standards prescribed and | ||||||
12 | published, as
herein provided, shall offer consultation | ||||||
13 | through employed staff or other
qualified persons to assist | ||||||
14 | applicants and licensees in meeting and
maintaining minimum | ||||||
15 | requirements for a license and to help them otherwise
to | ||||||
16 | achieve programs of excellence related to the care of children | ||||||
17 | served.
Such consultation shall include providing information | ||||||
18 | concerning education
and training in early childhood | ||||||
19 | development to providers of day care home
services. The | ||||||
20 | Department may provide or arrange for such education and
| ||||||
21 | training for those providers who request such assistance.
| ||||||
22 | (e) The Department shall distribute copies of licensing
| ||||||
23 | standards to all licensees and applicants for a license. Each | ||||||
24 | licensee or
holder of a permit shall distribute copies of the | ||||||
25 | appropriate licensing
standards and any other information | ||||||
26 | required by the Department to child
care facilities under its |
| |||||||
| |||||||
1 | supervision. Each licensee or holder of a permit
shall | ||||||
2 | maintain appropriate documentation of the distribution of the
| ||||||
3 | standards. Such documentation shall be part of the records of | ||||||
4 | the facility
and subject to inspection by authorized | ||||||
5 | representatives of the Department.
| ||||||
6 | (f) The Department shall prepare summaries of day care | ||||||
7 | licensing
standards. Each licensee or holder of a permit for a | ||||||
8 | day care facility
shall distribute a copy of the appropriate | ||||||
9 | summary and any other
information required by the Department, | ||||||
10 | to the legal guardian of each child
cared for in that facility | ||||||
11 | at the time when the child is enrolled or
initially placed in | ||||||
12 | the facility. The licensee or holder of a permit for a
day care | ||||||
13 | facility shall secure appropriate documentation of the
| ||||||
14 | distribution of the summary and brochure. Such documentation | ||||||
15 | shall be a
part of the records of the facility and subject to | ||||||
16 | inspection by an
authorized representative of the Department.
| ||||||
17 | (g) The Department shall distribute to each licensee and
| ||||||
18 | holder of a permit copies of the licensing or permit standards | ||||||
19 | applicable
to such person's facility. Each licensee or holder | ||||||
20 | of a permit shall make
available by posting at all times in a | ||||||
21 | common or otherwise accessible area
a complete and current set | ||||||
22 | of licensing standards in order that all
employees of the | ||||||
23 | facility may have unrestricted access to such standards.
All | ||||||
24 | employees of the facility shall have reviewed the standards | ||||||
25 | and any
subsequent changes. Each licensee or holder of a | ||||||
26 | permit shall maintain
appropriate documentation of the current |
| |||||||
| |||||||
1 | review of licensing standards by
all employees. Such records | ||||||
2 | shall be part of the records of the facility
and subject to | ||||||
3 | inspection by authorized representatives of the Department.
| ||||||
4 | (h) Any standards involving physical examinations, | ||||||
5 | immunization,
or medical treatment shall include appropriate | ||||||
6 | exemptions for children
whose parents object thereto on the | ||||||
7 | grounds that they conflict with the
tenets and practices of a | ||||||
8 | recognized church or religious organization, of
which the | ||||||
9 | parent is an adherent or member, and for children who should | ||||||
10 | not
be subjected to immunization for clinical reasons.
| ||||||
11 | (i) The Department, in cooperation with the Department of | ||||||
12 | Public Health, shall work to increase immunization awareness | ||||||
13 | and participation among parents of children enrolled in day | ||||||
14 | care centers and day care homes by publishing on the | ||||||
15 | Department's website information about the benefits of | ||||||
16 | immunization against vaccine preventable diseases, including | ||||||
17 | influenza and pertussis. The information for vaccine | ||||||
18 | preventable diseases shall include the incidence and severity | ||||||
19 | of the diseases, the availability of vaccines, and the | ||||||
20 | importance of immunizing children and persons who frequently | ||||||
21 | have close contact with children. The website content shall be | ||||||
22 | reviewed annually in collaboration with the Department of | ||||||
23 | Public Health to reflect the most current recommendations of | ||||||
24 | the Advisory Committee on Immunization Practices (ACIP). The | ||||||
25 | Department shall work with day care centers and day care homes | ||||||
26 | licensed under this Act to ensure that the information is |
| |||||||
| |||||||
1 | annually distributed to parents in August or September. | ||||||
2 | (j) Any standard adopted by the Department that requires | ||||||
3 | an applicant for a license to operate a day care home to | ||||||
4 | include a copy of a high school diploma or equivalent | ||||||
5 | certificate with his or her application shall be deemed to be | ||||||
6 | satisfied if the applicant includes a copy of a high school | ||||||
7 | diploma or equivalent certificate or a copy of a degree from an | ||||||
8 | accredited institution of higher education or vocational | ||||||
9 | institution or equivalent certificate. | ||||||
10 | (Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17; | ||||||
11 | 100-201, eff. 8-18-17.)
| ||||||
12 | Article 100. | ||||||
13 | Section 100-1. Short title. This Article may be cited as | ||||||
14 | the Special Commission on Gynecologic Cancers Act. | ||||||
15 | Section 100-5. Creation; members; duties; report. | ||||||
16 | (a) The Special Commission on Gynecologic Cancers is | ||||||
17 | created. Membership of the Commission shall be as follows: | ||||||
18 | (1) A representative of the Illinois Comprehensive | ||||||
19 | Cancer Control Program, appointed by the Director of | ||||||
20 | Public Health; | ||||||
21 | (2) The Director of Insurance, or his or her designee; | ||||||
22 | and | ||||||
23 | (3) 20 members who shall be appointed as follows: |
| |||||||
| |||||||
1 | (A) three members appointed by the Speaker of | ||||||
2 | the House of Representatives, one of whom shall be a | ||||||
3 | survivor of ovarian cancer, one of whom shall be a | ||||||
4 | survivor of cervical, vaginal, vulvar, or uterine | ||||||
5 | cancer, and one of whom shall be a medical specialist | ||||||
6 | in gynecologic cancers; | ||||||
7 | (B) three members appointed by the Senate | ||||||
8 | President, one of whom shall be a survivor of ovarian | ||||||
9 | cancer, one of whom shall be a survivor of cervical, | ||||||
10 | vaginal, vulvar, or uterine cancer, and one of whom | ||||||
11 | shall be a medical specialist in gynecologic cancers; | ||||||
12 | (C) three members appointed by the House | ||||||
13 | Minority Leader, one of whom shall be a survivor of | ||||||
14 | ovarian cancer, one of whom shall be a survivor of | ||||||
15 | cervical, vaginal, vulvar, or uterine cancer, and one | ||||||
16 | of whom shall be a medical specialist in gynecologic | ||||||
17 | cancers; | ||||||
18 | (D) three members appointed by the Senate | ||||||
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; and | ||||||
24 | (E) eight members appointed by the Governor, | ||||||
25 | one of whom shall be a caregiver of a woman diagnosed | ||||||
26 | with a gynecologic cancer, one of whom shall be a |
| |||||||
| |||||||
1 | medical specialist in gynecologic cancers, one of whom | ||||||
2 | shall be an individual with expertise in community | ||||||
3 | based health care and issues affecting underserved and | ||||||
4 | vulnerable populations, 2 of whom shall be individuals | ||||||
5 | representing gynecologic cancer awareness and support | ||||||
6 | groups in the State, one of whom shall be a researcher | ||||||
7 | specializing in gynecologic cancers, and 2 of whom | ||||||
8 | shall be members of the public with demonstrated | ||||||
9 | expertise in issues relating to the work of the | ||||||
10 | Commission. | ||||||
11 | (b) Members of the Commission shall serve without | ||||||
12 | compensation or reimbursement from the Commission. Members | ||||||
13 | shall select a Chair from among themselves and the Chair shall | ||||||
14 | set the meeting schedule. | ||||||
15 | (c) The Illinois Department of Public Health shall provide | ||||||
16 | administrative support to the Commission. | ||||||
17 | (d) The Commission is charged with the study of the | ||||||
18 | following: | ||||||
19 | (1) establishing a mechanism to ascertain the | ||||||
20 | prevalence of gynecologic cancers in the State and, to the | ||||||
21 | extent possible, to collect statistics relative to the | ||||||
22 | timing of diagnosis and risk factors associated with | ||||||
23 | gynecologic cancers; | ||||||
24 | (2) determining how to best effectuate early diagnosis | ||||||
25 | and treatment for gynecologic cancer patients; | ||||||
26 | (3) determining best practices for closing disparities |
| |||||||
| |||||||
1 | in outcomes for gynecologic cancer patients and innovative | ||||||
2 | approaches to reaching underserved and vulnerable | ||||||
3 | populations; | ||||||
4 | (4) determining any unmet needs of persons with | ||||||
5 | gynecologic cancers and those of their families; and | ||||||
6 | (5) providing recommendations for additional | ||||||
7 | legislation, support programs, and resources to meet the | ||||||
8 | unmet needs of persons with gynecologic cancers and their | ||||||
9 | families. | ||||||
10 | (e) The Commission shall file its final report with the | ||||||
11 | General Assembly no later than December 31, 2021 and, upon the | ||||||
12 | filing of its report, is dissolved. | ||||||
13 | Section 100-90. Repeal. This Article is repealed on | ||||||
14 | January 1, 2023.
| ||||||
15 | Article 105. | ||||||
16 | Section 105-5. The Illinois Public Aid Code is amended by | ||||||
17 | changing Section 5A-12.7 as follows: | ||||||
18 | (305 ILCS 5/5A-12.7) | ||||||
19 | (Section scheduled to be repealed on December 31, 2022) | ||||||
20 | Sec. 5A-12.7. Continuation of hospital access payments on | ||||||
21 | and after July 1, 2020. | ||||||
22 | (a) To preserve and improve access to hospital services, |
| |||||||
| |||||||
1 | for hospital services rendered on and after July 1, 2020, the | ||||||
2 | Department shall, except for hospitals described in subsection | ||||||
3 | (b) of Section 5A-3, make payments to hospitals or require | ||||||
4 | capitated managed care organizations to make payments as set | ||||||
5 | forth in this Section. Payments under this Section are not due | ||||||
6 | and payable, however, until: (i) the methodologies described | ||||||
7 | in this Section are approved by the federal government in an | ||||||
8 | appropriate State Plan amendment or directed payment preprint; | ||||||
9 | and (ii) the assessment imposed under this Article is | ||||||
10 | determined to be a permissible tax under Title XIX of the | ||||||
11 | Social Security Act. In determining the hospital access | ||||||
12 | payments authorized under subsection (g) of this Section, if a | ||||||
13 | hospital ceases to qualify for payments from the pool, the | ||||||
14 | payments for all hospitals continuing to qualify for payments | ||||||
15 | from such pool shall be uniformly adjusted to fully expend the | ||||||
16 | aggregate net amount of the pool, with such adjustment being | ||||||
17 | effective on the first day of the second month following the | ||||||
18 | date the hospital ceases to receive payments from such pool. | ||||||
19 | (b) Amounts moved into claims-based rates and distributed | ||||||
20 | in accordance with Section 14-12 shall remain in those | ||||||
21 | claims-based rates. | ||||||
22 | (c) Graduate medical education. | ||||||
23 | (1) The calculation of graduate medical education | ||||||
24 | payments shall be based on the hospital's Medicare cost | ||||||
25 | report ending in Calendar Year 2018, as reported in the | ||||||
26 | Healthcare Cost Report Information System file, release |
| |||||||
| |||||||
1 | date September 30, 2019. An Illinois hospital reporting | ||||||
2 | intern and resident cost on its Medicare cost report shall | ||||||
3 | be eligible for graduate medical education payments. | ||||||
4 | (2) Each hospital's annualized Medicaid Intern | ||||||
5 | Resident Cost is calculated using annualized intern and | ||||||
6 | resident total costs obtained from Worksheet B Part I, | ||||||
7 | Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93, | ||||||
8 | 96-98, and 105-112 multiplied by the percentage that the | ||||||
9 | hospital's Medicaid days (Worksheet S3 Part I, Column 7, | ||||||
10 | Lines 2, 3, 4, 14, 16-18, and 32) comprise of the | ||||||
11 | hospital's total days (Worksheet S3 Part I, Column 8, | ||||||
12 | Lines 14, 16-18, and 32). | ||||||
13 | (3) An annualized Medicaid indirect medical education | ||||||
14 | (IME) payment is calculated for each hospital using its | ||||||
15 | IME payments (Worksheet E Part A, Line 29, Column 1) | ||||||
16 | multiplied by the percentage that its Medicaid days | ||||||
17 | (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18, | ||||||
18 | and 32) comprise of its Medicare days (Worksheet S3 Part | ||||||
19 | I, Column 6, Lines 2, 3, 4, 14, and 16-18). | ||||||
20 | (4) For each hospital, its annualized Medicaid Intern | ||||||
21 | Resident Cost and its annualized Medicaid IME payment are | ||||||
22 | summed, and, except as capped at 120% of the average cost | ||||||
23 | per intern and resident for all qualifying hospitals as | ||||||
24 | calculated under this paragraph, is multiplied by 22.6% to | ||||||
25 | determine the hospital's final graduate medical education | ||||||
26 | payment. Each hospital's average cost per intern and |
| |||||||
| |||||||
1 | resident shall be calculated by summing its total | ||||||
2 | annualized Medicaid Intern Resident Cost plus its | ||||||
3 | annualized Medicaid IME payment and dividing that amount | ||||||
4 | by the hospital's total Full Time Equivalent Residents and | ||||||
5 | Interns. If the hospital's average per intern and resident | ||||||
6 | cost is greater than 120% of the same calculation for all | ||||||
7 | qualifying hospitals, the hospital's per intern and | ||||||
8 | resident cost shall be capped at 120% of the average cost | ||||||
9 | for all qualifying hospitals. | ||||||
10 | (d) Fee-for-service supplemental payments. Each Illinois | ||||||
11 | hospital shall receive an annual payment equal to the amounts | ||||||
12 | below, to be paid in 12 equal installments on or before the | ||||||
13 | seventh State business day of each month, except that no | ||||||
14 | payment shall be due within 30 days after the later of the date | ||||||
15 | of notification of federal approval of the payment | ||||||
16 | methodologies required under this Section or any waiver | ||||||
17 | required under 42 CFR 433.68, at which time the sum of amounts | ||||||
18 | required under this Section prior to the date of notification | ||||||
19 | is due and payable. | ||||||
20 | (1) For critical access hospitals, $385 per covered | ||||||
21 | inpatient day contained in paid fee-for-service claims and | ||||||
22 | $530 per paid fee-for-service outpatient claim for dates | ||||||
23 | of service in Calendar Year 2019 in the Department's | ||||||
24 | Enterprise Data Warehouse as of May 11, 2020. | ||||||
25 | (2) For safety-net hospitals, $960 per covered | ||||||
26 | inpatient day contained in paid fee-for-service claims and |
| |||||||
| |||||||
1 | $625 per paid fee-for-service outpatient claim for dates | ||||||
2 | of service in Calendar Year 2019 in the Department's | ||||||
3 | Enterprise Data Warehouse as of May 11, 2020. | ||||||
4 | (3) For long term acute care hospitals, $295 per | ||||||
5 | covered inpatient day contained in paid fee-for-service | ||||||
6 | claims for dates of service in Calendar Year 2019 in the | ||||||
7 | Department's Enterprise Data Warehouse as of May 11, 2020. | ||||||
8 | (4) For freestanding psychiatric hospitals, $125 per | ||||||
9 | covered inpatient day contained in paid fee-for-service | ||||||
10 | claims and $130 per paid fee-for-service outpatient claim | ||||||
11 | for dates of service in Calendar Year 2019 in the | ||||||
12 | Department's Enterprise Data Warehouse as of May 11, 2020. | ||||||
13 | (5) For freestanding rehabilitation hospitals, $355 | ||||||
14 | per covered inpatient day contained in paid | ||||||
15 | fee-for-service claims for dates of service in Calendar | ||||||
16 | Year 2019 in the Department's Enterprise Data Warehouse as | ||||||
17 | of May 11, 2020. | ||||||
18 | (6) For all general acute care hospitals and high | ||||||
19 | Medicaid hospitals as defined in subsection (f), $350 per | ||||||
20 | covered inpatient day for dates of service in Calendar | ||||||
21 | Year 2019 contained in paid fee-for-service claims and | ||||||
22 | $620 per paid fee-for-service outpatient claim in the | ||||||
23 | Department's Enterprise Data Warehouse as of May 11, 2020. | ||||||
24 | (7) Alzheimer's treatment access payment. Each | ||||||
25 | Illinois academic medical center or teaching hospital, as | ||||||
26 | defined in Section 5-5e.2 of this Code, that is identified |
| |||||||
| |||||||
1 | as the primary hospital affiliate of one of the Regional | ||||||
2 | Alzheimer's Disease Assistance Centers, as designated by | ||||||
3 | the Alzheimer's Disease Assistance Act and identified in | ||||||
4 | the Department of Public Health's Alzheimer's Disease | ||||||
5 | State Plan dated December 2016, shall be paid an | ||||||
6 | Alzheimer's treatment access payment equal to the product | ||||||
7 | of the qualifying hospital's State Fiscal Year 2018 total | ||||||
8 | inpatient fee-for-service days multiplied by the | ||||||
9 | applicable Alzheimer's treatment rate of $226.30 for | ||||||
10 | hospitals located in Cook County and $116.21 for hospitals | ||||||
11 | located outside Cook County. | ||||||
12 | (e) The Department shall require managed care | ||||||
13 | organizations (MCOs) to make directed payments and | ||||||
14 | pass-through payments according to this Section. Each calendar | ||||||
15 | year, the Department shall require MCOs to pay the maximum | ||||||
16 | amount out of these funds as allowed as pass-through payments | ||||||
17 | under federal regulations. The Department shall require MCOs | ||||||
18 | to make such pass-through payments as specified in this | ||||||
19 | Section. The Department shall require the MCOs to pay the | ||||||
20 | remaining amounts as directed Payments as specified in this | ||||||
21 | Section. The Department shall issue payments to the | ||||||
22 | Comptroller by the seventh business day of each month for all | ||||||
23 | MCOs that are sufficient for MCOs to make the directed | ||||||
24 | payments and pass-through payments according to this Section. | ||||||
25 | The Department shall require the MCOs to make pass-through | ||||||
26 | payments and directed payments using electronic funds |
| |||||||
| |||||||
1 | transfers (EFT), if the hospital provides the information | ||||||
2 | necessary to process such EFTs, in accordance with directions | ||||||
3 | provided monthly by the Department, within 7 business days of | ||||||
4 | the date the funds are paid to the MCOs, as indicated by the | ||||||
5 | "Paid Date" on the website of the Office of the Comptroller if | ||||||
6 | the funds are paid by EFT and the MCOs have received directed | ||||||
7 | payment instructions. If funds are not paid through the | ||||||
8 | Comptroller by EFT, payment must be made within 7 business | ||||||
9 | days of the date actually received by the MCO. The MCO will be | ||||||
10 | considered to have paid the pass-through payments when the | ||||||
11 | payment remittance number is generated or the date the MCO | ||||||
12 | sends the check to the hospital, if EFT information is not | ||||||
13 | supplied. If an MCO is late in paying a pass-through payment or | ||||||
14 | directed payment as required under this Section (including any | ||||||
15 | extensions granted by the Department), it shall pay a penalty, | ||||||
16 | unless waived by the Department for reasonable cause, to the | ||||||
17 | Department equal to 5% of the amount of the pass-through | ||||||
18 | payment or directed payment not paid on or before the due date | ||||||
19 | plus 5% of the portion thereof remaining unpaid on the last day | ||||||
20 | of each 30-day period thereafter. Payments to MCOs that would | ||||||
21 | be paid consistent with actuarial certification and enrollment | ||||||
22 | in the absence of the increased capitation payments under this | ||||||
23 | Section shall not be reduced as a consequence of payments made | ||||||
24 | under this subsection. The Department shall publish and | ||||||
25 | maintain on its website for a period of no less than 8 calendar | ||||||
26 | quarters, the quarterly calculation of directed payments and |
| |||||||
| |||||||
1 | pass-through payments owed to each hospital from each MCO. All | ||||||
2 | calculations and reports shall be posted no later than the | ||||||
3 | first day of the quarter for which the payments are to be | ||||||
4 | issued. | ||||||
5 | (f)(1) For purposes of allocating the funds included in | ||||||
6 | capitation payments to MCOs, Illinois hospitals shall be | ||||||
7 | divided into the following classes as defined in | ||||||
8 | administrative rules: | ||||||
9 | (A) Critical access hospitals. | ||||||
10 | (B) Safety-net hospitals, except that stand-alone | ||||||
11 | children's hospitals that are not specialty children's | ||||||
12 | hospitals will not be included. | ||||||
13 | (C) Long term acute care hospitals. | ||||||
14 | (D) Freestanding psychiatric hospitals. | ||||||
15 | (E) Freestanding rehabilitation hospitals. | ||||||
16 | (F) High Medicaid hospitals. As used in this Section, | ||||||
17 | "high Medicaid hospital" means a general acute care | ||||||
18 | hospital that is not a safety-net hospital or critical | ||||||
19 | access hospital and that has a Medicaid Inpatient | ||||||
20 | Utilization Rate above 30% or a hospital that had over | ||||||
21 | 35,000 inpatient Medicaid days during the applicable | ||||||
22 | period. For the period July 1, 2020 through December 31, | ||||||
23 | 2020, the applicable period for the Medicaid Inpatient | ||||||
24 | Utilization Rate (MIUR) is the rate year 2020 MIUR and for | ||||||
25 | the number of inpatient days it is State fiscal year 2018. | ||||||
26 | Beginning in calendar year 2021, the Department shall use |
| |||||||
| |||||||
1 | the most recently determined MIUR, as defined in | ||||||
2 | subsection (h) of Section 5-5.02, and for the inpatient | ||||||
3 | day threshold, the State fiscal year ending 18 months | ||||||
4 | prior to the beginning of the calendar year. For purposes | ||||||
5 | of calculating MIUR under this Section, children's | ||||||
6 | hospitals and affiliated general acute care hospitals | ||||||
7 | shall be considered a single hospital. | ||||||
8 | (G) General acute care hospitals. As used under this | ||||||
9 | Section, "general acute care hospitals" means all other | ||||||
10 | Illinois hospitals not identified in subparagraphs (A) | ||||||
11 | through (F). | ||||||
12 | (2) Hospitals' qualification for each class shall be | ||||||
13 | assessed prior to the beginning of each calendar year and the | ||||||
14 | new class designation shall be effective January 1 of the next | ||||||
15 | year. The Department shall publish by rule the process for | ||||||
16 | establishing class determination. | ||||||
17 | (g) Fixed pool directed payments. Beginning July 1, 2020, | ||||||
18 | the Department shall issue payments to MCOs which shall be | ||||||
19 | used to issue directed payments to qualified Illinois | ||||||
20 | safety-net hospitals and critical access hospitals on a | ||||||
21 | monthly basis in accordance with this subsection. Prior to the | ||||||
22 | beginning of each Payout Quarter beginning July 1, 2020, the | ||||||
23 | Department shall use encounter claims data from the | ||||||
24 | Determination Quarter, accepted by the Department's Medicaid | ||||||
25 | Management Information System for inpatient and outpatient | ||||||
26 | services rendered by safety-net hospitals and critical access |
| |||||||
| |||||||
1 | hospitals to determine a quarterly uniform per unit add-on for | ||||||
2 | each hospital class. | ||||||
3 | (1) Inpatient per unit add-on. A quarterly uniform per | ||||||
4 | diem add-on shall be derived by dividing the quarterly | ||||||
5 | Inpatient Directed Payments Pool amount allocated to the | ||||||
6 | applicable hospital class by the total inpatient days | ||||||
7 | contained on all encounter claims received during the | ||||||
8 | Determination Quarter, for all hospitals in the class. | ||||||
9 | (A) Each hospital in the class shall have a | ||||||
10 | quarterly inpatient directed payment calculated that | ||||||
11 | is equal to the product of the number of inpatient days | ||||||
12 | attributable to the hospital used in the calculation | ||||||
13 | of the quarterly uniform class per diem add-on, | ||||||
14 | multiplied by the calculated applicable quarterly | ||||||
15 | uniform class per diem add-on of the hospital class. | ||||||
16 | (B) Each hospital shall be paid 1/3 of its | ||||||
17 | quarterly inpatient directed payment in each of the 3 | ||||||
18 | months of the Payout Quarter, in accordance with | ||||||
19 | directions provided to each MCO by the Department. | ||||||
20 | (2) Outpatient per unit add-on. A quarterly uniform | ||||||
21 | per claim add-on shall be derived by dividing the | ||||||
22 | quarterly Outpatient Directed Payments Pool amount | ||||||
23 | allocated to the applicable hospital class by the total | ||||||
24 | outpatient encounter claims received during the | ||||||
25 | Determination Quarter, for all hospitals in the class. | ||||||
26 | (A) Each hospital in the class shall have a |
| |||||||
| |||||||
1 | quarterly outpatient directed payment calculated that | ||||||
2 | is equal to the product of the number of outpatient | ||||||
3 | encounter claims attributable to the hospital used in | ||||||
4 | the calculation of the quarterly uniform class per | ||||||
5 | claim add-on, multiplied by the calculated applicable | ||||||
6 | quarterly uniform class per claim add-on of the | ||||||
7 | hospital class. | ||||||
8 | (B) Each hospital shall be paid 1/3 of its | ||||||
9 | quarterly outpatient directed payment in each of the 3 | ||||||
10 | months of the Payout Quarter, in accordance with | ||||||
11 | directions provided to each MCO by the Department. | ||||||
12 | (3) Each MCO shall pay each hospital the Monthly | ||||||
13 | Directed Payment as identified by the Department on its | ||||||
14 | quarterly determination report. | ||||||
15 | (4) Definitions. As used in this subsection: | ||||||
16 | (A) "Payout Quarter" means each 3 month calendar | ||||||
17 | quarter, beginning July 1, 2020. | ||||||
18 | (B) "Determination Quarter" means each 3 month | ||||||
19 | calendar quarter, which ends 3 months prior to the | ||||||
20 | first day of each Payout Quarter. | ||||||
21 | (5) For the period July 1, 2020 through December 2020, | ||||||
22 | the following amounts shall be allocated to the following | ||||||
23 | hospital class directed payment pools for the quarterly | ||||||
24 | development of a uniform per unit add-on: | ||||||
25 | (A) $2,894,500 for hospital inpatient services for | ||||||
26 | critical access hospitals. |
| |||||||
| |||||||
1 | (B) $4,294,374 for hospital outpatient services | ||||||
2 | for critical access hospitals. | ||||||
3 | (C) $29,109,330 for hospital inpatient services | ||||||
4 | for safety-net hospitals. | ||||||
5 | (D) $35,041,218 for hospital outpatient services | ||||||
6 | for safety-net hospitals. | ||||||
7 | (h) Fixed rate directed payments. Effective July 1, 2020, | ||||||
8 | the Department shall issue payments to MCOs which shall be | ||||||
9 | used to issue directed payments to Illinois hospitals not | ||||||
10 | identified in paragraph (g) on a monthly basis. Prior to the | ||||||
11 | beginning of each Payout Quarter beginning July 1, 2020, the | ||||||
12 | Department shall use encounter claims data from the | ||||||
13 | Determination Quarter, accepted by the Department's Medicaid | ||||||
14 | Management Information System for inpatient and outpatient | ||||||
15 | services rendered by hospitals in each hospital class | ||||||
16 | identified in paragraph (f) and not identified in paragraph | ||||||
17 | (g). For the period July 1, 2020 through December 2020, the | ||||||
18 | Department shall direct MCOs to make payments as follows: | ||||||
19 | (1) For general acute care hospitals an amount equal | ||||||
20 | to $1,750 multiplied by the hospital's category of service | ||||||
21 | 20 case mix index for the determination quarter multiplied | ||||||
22 | by the hospital's total number of inpatient admissions for | ||||||
23 | category of service 20 for the determination quarter. | ||||||
24 | (2) For general acute care hospitals an amount equal | ||||||
25 | to $160 multiplied by the hospital's category of service | ||||||
26 | 21 case mix index for the determination quarter multiplied |
| |||||||
| |||||||
1 | by the hospital's total number of inpatient admissions for | ||||||
2 | category of service 21 for the determination quarter. | ||||||
3 | (3) For general acute care hospitals an amount equal | ||||||
4 | to $80 multiplied by the hospital's category of service 22 | ||||||
5 | case mix index for the determination quarter multiplied by | ||||||
6 | the hospital's total number of inpatient admissions for | ||||||
7 | category of service 22 for the determination quarter. | ||||||
8 | (4) For general acute care hospitals an amount equal | ||||||
9 | to $375 multiplied by the hospital's category of service | ||||||
10 | 24 case mix index for the determination quarter multiplied | ||||||
11 | by the hospital's total number of category of service 24 | ||||||
12 | paid EAPG (EAPGs) for the determination quarter. | ||||||
13 | (5) For general acute care hospitals an amount equal | ||||||
14 | to $240 multiplied by the hospital's category of service | ||||||
15 | 27 and 28 case mix index for the determination quarter | ||||||
16 | multiplied by the hospital's total number of category of | ||||||
17 | service 27 and 28 paid EAPGs for the determination | ||||||
18 | quarter. | ||||||
19 | (6) For general acute care hospitals an amount equal | ||||||
20 | to $290 multiplied by the hospital's category of service | ||||||
21 | 29 case mix index for the determination quarter multiplied | ||||||
22 | by the hospital's total number of category of service 29 | ||||||
23 | paid EAPGs for the determination quarter. | ||||||
24 | (7) For high Medicaid hospitals an amount equal to | ||||||
25 | $1,800 multiplied by the hospital's category of service 20 | ||||||
26 | case mix index for the determination quarter multiplied by |
| |||||||
| |||||||
1 | the hospital's total number of inpatient admissions for | ||||||
2 | category of service 20 for the determination quarter. | ||||||
3 | (8) For high Medicaid hospitals an amount equal to | ||||||
4 | $160 multiplied by the hospital's category of service 21 | ||||||
5 | case mix index for the determination quarter multiplied by | ||||||
6 | the hospital's total number of inpatient admissions for | ||||||
7 | category of service 21 for the determination quarter. | ||||||
8 | (9) For high Medicaid hospitals an amount equal to $80 | ||||||
9 | multiplied by the hospital's category of service 22 case | ||||||
10 | mix index for the determination quarter multiplied by the | ||||||
11 | hospital's total number of inpatient admissions for | ||||||
12 | category of service 22 for the determination quarter. | ||||||
13 | (10) For high Medicaid hospitals an amount equal to | ||||||
14 | $400 multiplied by the hospital's category of service 24 | ||||||
15 | case mix index for the determination quarter multiplied by | ||||||
16 | the hospital's total number of category of service 24 paid | ||||||
17 | EAPG outpatient claims for the determination quarter. | ||||||
18 | (11) For high Medicaid hospitals an amount equal to | ||||||
19 | $240 multiplied by the hospital's category of service 27 | ||||||
20 | and 28 case mix index for the determination quarter | ||||||
21 | multiplied by the hospital's total number of category of | ||||||
22 | service 27 and 28 paid EAPGs for the determination | ||||||
23 | quarter. | ||||||
24 | (12) For high Medicaid hospitals an amount equal to | ||||||
25 | $290 multiplied by the hospital's category of service 29 | ||||||
26 | case mix index for the determination quarter multiplied by |
| |||||||
| |||||||
1 | the hospital's total number of category of service 29 paid | ||||||
2 | EAPGs for the determination quarter. | ||||||
3 | (13) For long term acute care hospitals the amount of | ||||||
4 | $495 multiplied by the hospital's total number of | ||||||
5 | inpatient days for the determination quarter. | ||||||
6 | (14) For psychiatric hospitals the amount of $210 | ||||||
7 | multiplied by the hospital's total number of inpatient | ||||||
8 | days for category of service 21 for the determination | ||||||
9 | quarter. | ||||||
10 | (15) For psychiatric hospitals the amount of $250 | ||||||
11 | multiplied by the hospital's total number of outpatient | ||||||
12 | claims for category of service 27 and 28 for the | ||||||
13 | determination quarter. | ||||||
14 | (16) For rehabilitation hospitals the amount of $410 | ||||||
15 | multiplied by the hospital's total number of inpatient | ||||||
16 | days for category of service 22 for the determination | ||||||
17 | quarter. | ||||||
18 | (17) For rehabilitation hospitals the amount of $100 | ||||||
19 | multiplied by the hospital's total number of outpatient | ||||||
20 | claims for category of service 29 for the determination | ||||||
21 | quarter. | ||||||
22 | (18) Each hospital shall be paid 1/3 of their | ||||||
23 | quarterly inpatient and outpatient directed payment in | ||||||
24 | each of the 3 months of the Payout Quarter, in accordance | ||||||
25 | with directions provided to each MCO by the Department. | ||||||
26 | (19) Each MCO shall pay each hospital the Monthly |
| |||||||
| |||||||
1 | Directed Payment amount as identified by the Department on | ||||||
2 | its quarterly determination report. | ||||||
3 | Notwithstanding any other provision of this subsection, if | ||||||
4 | the Department determines that the actual total hospital | ||||||
5 | utilization data that is used to calculate the fixed rate | ||||||
6 | directed payments is substantially different than anticipated | ||||||
7 | when the rates in this subsection were initially determined | ||||||
8 | (for unforeseeable circumstances such as the COVID-19 | ||||||
9 | pandemic), the Department may adjust the rates specified in | ||||||
10 | this subsection so that the total directed payments | ||||||
11 | approximate the total spending amount anticipated when the | ||||||
12 | rates were initially established. | ||||||
13 | Definitions. As used in this subsection: | ||||||
14 | (A) "Payout Quarter" means each calendar quarter, | ||||||
15 | beginning July 1, 2020. | ||||||
16 | (B) "Determination Quarter" means each calendar | ||||||
17 | quarter which ends 3 months prior to the first day of | ||||||
18 | each Payout Quarter. | ||||||
19 | (C) "Case mix index" means a hospital specific | ||||||
20 | calculation. For inpatient claims the case mix index | ||||||
21 | is calculated each quarter by summing the relative | ||||||
22 | weight of all inpatient Diagnosis-Related Group (DRG) | ||||||
23 | claims for a category of service in the applicable | ||||||
24 | Determination Quarter and dividing the sum by the | ||||||
25 | number of sum total of all inpatient DRG admissions | ||||||
26 | for the category of service for the associated claims. |
| |||||||
| |||||||
1 | The case mix index for outpatient claims is calculated | ||||||
2 | each quarter by summing the relative weight of all | ||||||
3 | paid EAPGs in the applicable Determination Quarter and | ||||||
4 | dividing the sum by the sum total of paid EAPGs for the | ||||||
5 | associated claims. | ||||||
6 | (i) Beginning January 1, 2021, the rates for directed | ||||||
7 | payments shall be recalculated in order to spend the | ||||||
8 | additional funds for directed payments that result from | ||||||
9 | reduction in the amount of pass-through payments allowed under | ||||||
10 | federal regulations. The additional funds for directed | ||||||
11 | payments shall be allocated proportionally to each class of | ||||||
12 | hospitals based on that class' proportion of services. | ||||||
13 | (j) Pass-through payments. | ||||||
14 | (1) For the period July 1, 2020 through December 31, | ||||||
15 | 2020, the Department shall assign quarterly pass-through | ||||||
16 | payments to each class of hospitals equal to one-fourth of | ||||||
17 | the following annual allocations: | ||||||
18 | (A) $390,487,095 to safety-net hospitals. | ||||||
19 | (B) $62,553,886 to critical access hospitals. | ||||||
20 | (C) $345,021,438 to high Medicaid hospitals. | ||||||
21 | (D) $551,429,071 to general acute care hospitals. | ||||||
22 | (E) $27,283,870 to long term acute care hospitals. | ||||||
23 | (F) $40,825,444 to freestanding psychiatric | ||||||
24 | hospitals. | ||||||
25 | (G) $9,652,108 to freestanding rehabilitation | ||||||
26 | hospitals. |
| |||||||
| |||||||
1 | (2) The pass-through payments shall at a minimum | ||||||
2 | ensure hospitals receive a total amount of monthly | ||||||
3 | payments under this Section as received in calendar year | ||||||
4 | 2019 in accordance with this Article and paragraph (1) of | ||||||
5 | subsection (d-5) of Section 14-12, exclusive of amounts | ||||||
6 | received through payments referenced in subsection (b). | ||||||
7 | (3) For the calendar year beginning January 1, 2021, | ||||||
8 | and each calendar year thereafter, each hospital's | ||||||
9 | pass-through payment amount shall be reduced | ||||||
10 | proportionally to the reduction of all pass-through | ||||||
11 | payments required by federal regulations. | ||||||
12 | (k) At least 30 days prior to each calendar year, the | ||||||
13 | Department shall notify each hospital of changes to the | ||||||
14 | payment methodologies in this Section, including, but not | ||||||
15 | limited to, changes in the fixed rate directed payment rates, | ||||||
16 | the aggregate pass-through payment amount for all hospitals, | ||||||
17 | and the hospital's pass-through payment amount for the | ||||||
18 | upcoming calendar year. | ||||||
19 | (l) Notwithstanding any other provisions of this Section, | ||||||
20 | the Department may adopt rules to change the methodology for | ||||||
21 | directed and pass-through payments as set forth in this | ||||||
22 | Section, but only to the extent necessary to obtain federal | ||||||
23 | approval of a necessary State Plan amendment or Directed | ||||||
24 | Payment Preprint or to otherwise conform to federal law or | ||||||
25 | federal regulation. | ||||||
26 | (m) As used in this subsection, "managed care |
| |||||||
| |||||||
1 | organization" or "MCO" means an entity which contracts with | ||||||
2 | the Department to provide services where payment for medical | ||||||
3 | services is made on a capitated basis, excluding contracted | ||||||
4 | entities for dual eligible or Department of Children and | ||||||
5 | Family Services youth populations.
| ||||||
6 | (n) In order to address the escalating infant mortality | ||||||
7 | rates among minority communities in Illinois, the State shall, | ||||||
8 | subject to appropriation, create a pool of funding of at least | ||||||
9 | $50,000,000 annually to be disbursed among safety-net | ||||||
10 | hospitals that maintain perinatal designation from the | ||||||
11 | Department of Public Health. The funding shall be used to | ||||||
12 | preserve or enhance OB/GYN services or other specialty | ||||||
13 | services at the receiving hospital, with the distribution of | ||||||
14 | funding to be established by rule and with consideration to | ||||||
15 | perinatal hospitals with safe birthing levels and quality | ||||||
16 | metrics for healthy mothers and babies. | ||||||
17 | (Source: P.A. 101-650, eff. 7-7-20.)
| ||||||
18 | Article 110. | ||||||
19 | Section 110-1. Short title. This Article may be cited as | ||||||
20 | the Racial Impact Note Act. | ||||||
21 | Section 110-5. Racial impact note. | ||||||
22 | (a) Every bill which has or could have a disparate impact | ||||||
23 | on racial and ethnic minorities, upon the request of any |
| |||||||
| |||||||
1 | member, shall have prepared for it, before second reading in | ||||||
2 | the house of introduction, a brief explanatory statement or | ||||||
3 | note that shall include a reliable estimate of the anticipated | ||||||
4 | impact on those racial and ethnic minorities likely to be | ||||||
5 | impacted by the bill. Each racial impact note must include, | ||||||
6 | for racial and ethnic minorities for which data are available: | ||||||
7 | (i) an estimate of how the proposed legislation would impact | ||||||
8 | racial and ethnic minorities; (ii) a statement of the | ||||||
9 | methodologies and assumptions used in preparing the estimate; | ||||||
10 | (iii) an estimate of the racial and ethnic composition of the | ||||||
11 | population who may be impacted by the proposed legislation, | ||||||
12 | including those persons who may be negatively impacted and | ||||||
13 | those persons who may benefit from the proposed legislation; | ||||||
14 | and (iv) any other matter that a responding agency considers | ||||||
15 | appropriate in relation to the racial and ethnic minorities | ||||||
16 | likely to be affected by the bill. | ||||||
17 | Section 110-10. Preparation. | ||||||
18 | (a) The sponsor of each bill for which a request under | ||||||
19 | Section 110-5 has been made shall present a copy of the bill | ||||||
20 | with the request for a racial impact note to the appropriate | ||||||
21 | responding agency or agencies under subsection (b). The | ||||||
22 | responding agency or agencies shall prepare and submit the | ||||||
23 | note to the sponsor of the bill within 5 calendar days, except | ||||||
24 | that whenever, because of the complexity of the measure, | ||||||
25 | additional time is required for the preparation of the racial |
| |||||||
| |||||||
1 | impact note, the responding agency or agencies may inform the | ||||||
2 | sponsor of the bill, and the sponsor may approve an extension | ||||||
3 | of the time within which the note is to be submitted, not to | ||||||
4 | extend, however, beyond June 15, following the date of the | ||||||
5 | request. If, in the opinion of the responding agency or | ||||||
6 | agencies, there is insufficient information to prepare a | ||||||
7 | reliable estimate of the anticipated impact, a statement to | ||||||
8 | that effect can be filed and shall meet the requirements of | ||||||
9 | this Act. | ||||||
10 | (b) If a bill concerns arrests, convictions, or law | ||||||
11 | enforcement, a statement shall be prepared by the Illinois | ||||||
12 | Criminal Justice Information Authority specifying the impact | ||||||
13 | on racial and ethnic minorities. If a bill concerns | ||||||
14 | corrections, sentencing, or the placement of individuals | ||||||
15 | within the Department of Corrections, a statement shall be | ||||||
16 | prepared by the Department of Corrections specifying the | ||||||
17 | impact on racial and ethnic minorities. If a bill concerns | ||||||
18 | local government, a statement shall be prepared by the | ||||||
19 | Department of Commerce and Economic Opportunity specifying the | ||||||
20 | impact on racial and ethnic minorities. If a bill concerns | ||||||
21 | education, one of the following agencies shall prepare a | ||||||
22 | statement specifying the impact on racial and ethnic | ||||||
23 | minorities: (i) the Illinois Community College Board, if the | ||||||
24 | bill affects community colleges; (ii) the Illinois State Board | ||||||
25 | of Education, if the bill affects primary and secondary | ||||||
26 | education; or (iii) the Illinois Board of Higher Education, if |
| |||||||
| |||||||
1 | the bill affects State universities. Any other State agency | ||||||
2 | impacted or responsible for implementing all or part of this | ||||||
3 | bill shall prepare a statement of the racial and ethnic impact | ||||||
4 | of the bill as it relates to that agency. | ||||||
5 | Section 110-15. Requisites and contents. The note shall be | ||||||
6 | factual in nature, as brief and concise as may be, and, in | ||||||
7 | addition, it shall include both the immediate effect and, if | ||||||
8 | determinable or reasonably foreseeable, the long range effect | ||||||
9 | of the measure on racial and ethnic minorities. If, after | ||||||
10 | careful investigation, it is determined that such an effect is | ||||||
11 | not ascertainable, the note shall contain a statement to that | ||||||
12 | effect, setting forth the reasons why no ascertainable effect | ||||||
13 | can be given. | ||||||
14 | Section 110-20. Comment or opinion; technical or | ||||||
15 | mechanical defects. No comment or opinion shall be included | ||||||
16 | in the racial impact note with regard to the merits of the | ||||||
17 | measure for which the racial impact note is prepared; however, | ||||||
18 | technical or mechanical defects may be noted.
| ||||||
19 | Section 110-25. Appearance of State officials and | ||||||
20 | employees in support or opposition of measure. The fact that a | ||||||
21 | racial impact note is prepared for any bill shall not preclude | ||||||
22 | or restrict the appearance before any committee of the General | ||||||
23 | Assembly of any official or authorized employee of the |
| |||||||
| |||||||
1 | responding agency or agencies, or any other impacted State | ||||||
2 | agency, who desires to be heard in support of or in opposition | ||||||
3 | to the measure. | ||||||
4 | Article 115. | ||||||
5 | Section 115-5. The Illinois Public Aid Code is amended by | ||||||
6 | adding Section 14-14 as follows: | ||||||
7 | (305 ILCS 5/14-14 new) | ||||||
8 | Sec. 14-14. Increasing access to primary care in | ||||||
9 | hospitals. The Department of Healthcare and Family Services | ||||||
10 | shall develop a program to facilitate coordination between | ||||||
11 | Federally Qualified Health Centers (FQHCs) and safety net | ||||||
12 | hospitals, with the goal of increasing care coordination, | ||||||
13 | managing chronic diseases, and addressing the social | ||||||
14 | determinants of health on or before December 31, 2021. | ||||||
15 | Coordination between FQHCs and safety hospitals may include, | ||||||
16 | but is not limited to, embedding FQHC staff in hospitals, | ||||||
17 | utilizing health information technology for care coordination, | ||||||
18 | and enabling FQHCs to connect hospital patients to | ||||||
19 | community-based resources when needed to provide whole-person | ||||||
20 | care. In addition, the Department shall develop a payment | ||||||
21 | methodology to allow FQHCs to provide care coordination | ||||||
22 | services, including, but not limited to, chronic disease | ||||||
23 | management and behavioral health services. The Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services shall develop a payment | ||||||
2 | methodology to allow for FQHC care coordination services by no | ||||||
3 | later than December 31, 2021. | ||||||
4 | Article 120. | ||||||
5 | Section 120-5. The Civil Administrative Code of Illinois | ||||||
6 | is amended by changing Section 5-565 as follows:
| ||||||
7 | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
| ||||||
8 | Sec. 5-565. In the Department of Public Health.
| ||||||
9 | (a) The General Assembly declares it to be the public | ||||||
10 | policy of this
State that all residents citizens of Illinois | ||||||
11 | are entitled to lead healthy lives.
Governmental public health | ||||||
12 | has a specific responsibility to ensure that a
public health | ||||||
13 | system is in place to allow the public health mission to be | ||||||
14 | achieved. The public health system is the collection of | ||||||
15 | public, private, and voluntary entities as well as individuals | ||||||
16 | and informal associations that contribute to the public's | ||||||
17 | health within the State. To
develop a public health system | ||||||
18 | requires certain core functions to be performed by
government. | ||||||
19 | The State Board of Health is to assume the leadership role in
| ||||||
20 | advising the Director in meeting the following functions:
| ||||||
21 | (1) Needs assessment.
| ||||||
22 | (2) Statewide health objectives.
| ||||||
23 | (3) Policy development.
|
| |||||||
| |||||||
1 | (4) Assurance of access to necessary services.
| ||||||
2 | There shall be a State Board of Health composed of 20 | ||||||
3 | persons,
all of
whom shall be appointed by the Governor, with | ||||||
4 | the advice and consent of the
Senate for those appointed by the | ||||||
5 | Governor on and after June 30, 1998,
and one of whom shall be a
| ||||||
6 | senior citizen age 60 or over. Five members shall be | ||||||
7 | physicians licensed
to practice medicine in all its branches, | ||||||
8 | one representing a medical school
faculty, one who is board | ||||||
9 | certified in preventive medicine, and one who is
engaged in | ||||||
10 | private practice. One member shall be a chiropractic | ||||||
11 | physician. One member shall be a dentist; one an
environmental | ||||||
12 | health practitioner; one a local public health administrator;
| ||||||
13 | one a local board of health member; one a registered nurse; one | ||||||
14 | a physical therapist; one an optometrist; one a
veterinarian; | ||||||
15 | one a public health academician; one a health care industry
| ||||||
16 | representative; one a representative of the business | ||||||
17 | community; one a representative of the non-profit public | ||||||
18 | interest community; and 2 shall be citizens at large.
| ||||||
19 | The terms of Board of Health members shall be 3 years, | ||||||
20 | except that members shall continue to serve on the Board of | ||||||
21 | Health until a replacement is appointed. Upon the effective | ||||||
22 | date of Public Act 93-975 (January 1, 2005) this amendatory | ||||||
23 | Act of the 93rd General Assembly , in the appointment of the | ||||||
24 | Board of Health members appointed to vacancies or positions | ||||||
25 | with terms expiring on or before December 31, 2004, the | ||||||
26 | Governor shall appoint up to 6 members to serve for terms of 3 |
| |||||||
| |||||||
1 | years; up to 6 members to serve for terms of 2 years; and up to | ||||||
2 | 5 members to serve for a term of one year, so that the term of | ||||||
3 | no more than 6 members expire in the same year.
All members | ||||||
4 | shall
be legal residents of the State of Illinois. The duties | ||||||
5 | of the Board shall
include, but not be limited to, the | ||||||
6 | following:
| ||||||
7 | (1) To advise the Department of ways to encourage | ||||||
8 | public understanding
and support of the Department's | ||||||
9 | programs.
| ||||||
10 | (2) To evaluate all boards, councils, committees, | ||||||
11 | authorities, and
bodies
advisory to, or an adjunct of, the | ||||||
12 | Department of Public Health or its
Director for the | ||||||
13 | purpose of recommending to the Director one or
more of the | ||||||
14 | following:
| ||||||
15 | (i) The elimination of bodies whose activities
are | ||||||
16 | not consistent with goals and objectives of the | ||||||
17 | Department.
| ||||||
18 | (ii) The consolidation of bodies whose activities | ||||||
19 | encompass
compatible programmatic subjects.
| ||||||
20 | (iii) The restructuring of the relationship | ||||||
21 | between the various
bodies and their integration | ||||||
22 | within the organizational structure of the
Department.
| ||||||
23 | (iv) The establishment of new bodies deemed | ||||||
24 | essential to the
functioning of the Department.
| ||||||
25 | (3) To serve as an advisory group to the Director for
| ||||||
26 | public health emergencies and
control of health hazards.
|
| |||||||
| |||||||
1 | (4) To advise the Director regarding public health | ||||||
2 | policy,
and to make health policy recommendations | ||||||
3 | regarding priorities to the
Governor through the Director.
| ||||||
4 | (5) To present public health issues to the Director | ||||||
5 | and to make
recommendations for the resolution of those | ||||||
6 | issues.
| ||||||
7 | (6) To recommend studies to delineate public health | ||||||
8 | problems.
| ||||||
9 | (7) To make recommendations to the Governor through | ||||||
10 | the Director
regarding the coordination of State public | ||||||
11 | health activities with other
State and local public health | ||||||
12 | agencies and organizations.
| ||||||
13 | (8) To report on or before February 1 of each year on | ||||||
14 | the health of the
residents of Illinois to the Governor, | ||||||
15 | the General Assembly, and the
public.
| ||||||
16 | (9) To review the final draft of all proposed | ||||||
17 | administrative rules,
other than emergency or peremptory | ||||||
18 | preemptory rules and those rules that another
advisory | ||||||
19 | body must approve or review within a statutorily defined | ||||||
20 | time
period, of the Department after September 19, 1991 | ||||||
21 | (the effective date of
Public Act
87-633). The Board shall | ||||||
22 | review the proposed rules within 90
days of
submission by | ||||||
23 | the Department. The Department shall take into | ||||||
24 | consideration
any comments and recommendations of the | ||||||
25 | Board regarding the proposed rules
prior to submission to | ||||||
26 | the Secretary of State for initial publication. If
the |
| |||||||
| |||||||
1 | Department disagrees with the recommendations of the | ||||||
2 | Board, it shall
submit a written response outlining the | ||||||
3 | reasons for not accepting the
recommendations.
| ||||||
4 | In the case of proposed administrative rules or | ||||||
5 | amendments to
administrative
rules regarding immunization | ||||||
6 | of children against preventable communicable
diseases | ||||||
7 | designated by the Director under the Communicable Disease | ||||||
8 | Prevention
Act, after the Immunization Advisory Committee | ||||||
9 | has made its
recommendations, the Board shall conduct 3 | ||||||
10 | public hearings, geographically
distributed
throughout the | ||||||
11 | State. At the conclusion of the hearings, the State Board | ||||||
12 | of
Health shall issue a report, including its | ||||||
13 | recommendations, to the Director.
The Director shall take | ||||||
14 | into consideration any comments or recommendations made
by | ||||||
15 | the Board based on these hearings.
| ||||||
16 | (10) To deliver to the Governor for presentation to | ||||||
17 | the General Assembly a State Health Assessment (SHA) and a | ||||||
18 | State Health Improvement Plan (SHIP) . The first 5 3 such | ||||||
19 | plans shall be delivered to the Governor on January 1, | ||||||
20 | 2006, January 1, 2009, and January 1, 2016 , January 1, | ||||||
21 | 2021, and June 30, 2022, and then every 5 years | ||||||
22 | thereafter. | ||||||
23 | The State Health Assessment and State Health | ||||||
24 | Improvement Plan Plan shall assess and recommend | ||||||
25 | priorities and strategies to improve the public health | ||||||
26 | system , and the health status of Illinois residents, |
| |||||||
| |||||||
1 | reduce health disparities and inequities, and promote | ||||||
2 | health equity. The State Health Assessment and State | ||||||
3 | Health Improvement Plan development and implementation | ||||||
4 | shall conform to national Public Health Accreditation | ||||||
5 | Board Standards. The State Health Assessment and State | ||||||
6 | Health Improvement Plan development and implementation | ||||||
7 | process shall be carried out with the administrative and | ||||||
8 | operational support of the Department of Public Health | ||||||
9 | taking into consideration national health objectives and | ||||||
10 | system standards as frameworks for assessment . | ||||||
11 | The State Health Assessment shall include | ||||||
12 | comprehensive, broad-based data and information from a | ||||||
13 | variety of sources on health status and the public health | ||||||
14 | system including: | ||||||
15 | (i) quantitative data, if it is available, on the | ||||||
16 | demographics and health status of the population, | ||||||
17 | including data over time on health by gender identity, | ||||||
18 | sexual orientation, race, ethnicity, age, | ||||||
19 | socio-economic factors, geographic region, disability | ||||||
20 | status, and other indicators of disparity; | ||||||
21 | (ii) quantitative data on social and structural | ||||||
22 | issues affecting health (social and structural | ||||||
23 | determinants of health), including, but not limited | ||||||
24 | to, housing, transportation, educational attainment, | ||||||
25 | employment, and income inequality; | ||||||
26 | (iii) priorities and strategies developed at the |
| |||||||
| |||||||
1 | community level through the Illinois Project for Local | ||||||
2 | Assessment of Needs (IPLAN) and other local and | ||||||
3 | regional community health needs assessments; | ||||||
4 | (iv) qualitative data representing the | ||||||
5 | population's input on health concerns and well-being, | ||||||
6 | including the perceptions of people experiencing | ||||||
7 | disparities and health inequities; | ||||||
8 | (v) information on health disparities and health | ||||||
9 | inequities; and | ||||||
10 | (vi) information on public health system strengths | ||||||
11 | and areas for improvement. | ||||||
12 | The Plan shall also take into consideration priorities | ||||||
13 | and strategies developed at the community level through | ||||||
14 | the Illinois Project for Local Assessment of Needs (IPLAN) | ||||||
15 | and any regional health improvement plans that may be | ||||||
16 | developed.
| ||||||
17 | The State Health Improvement Plan Plan shall focus on | ||||||
18 | prevention , social determinants of health, and promoting | ||||||
19 | health equity as key strategies as a key strategy for | ||||||
20 | long-term health improvement in Illinois. | ||||||
21 | The State Health Improvement Plan Plan shall identify | ||||||
22 | priority State health issues and social issues affecting | ||||||
23 | health, and shall examine and make recommendations on the | ||||||
24 | contributions and strategies of the public and private | ||||||
25 | sectors for improving health status and the public health | ||||||
26 | system in the State. In addition to recommendations on |
| |||||||
| |||||||
1 | health status improvement priorities and strategies for | ||||||
2 | the population of the State as a whole, the State Health | ||||||
3 | Improvement Plan Plan shall make recommendations , provided | ||||||
4 | that data exists to support such recommendations, | ||||||
5 | regarding priorities and strategies for reducing and | ||||||
6 | eliminating health disparities and health inequities in | ||||||
7 | Illinois; including racial, ethnic, gender identification , | ||||||
8 | sexual 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 |
| |||||||
| |||||||
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 | Governor's staff shall participate in the Partnership and | ||||||
7 | serve as a liaison to the Governor's 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | The State Board of Health shall submit a report by | ||||||
2 | January 31 of each year on the status of State Health | ||||||
3 | Improvement Plan implementation and community engagement | ||||||
4 | activities to the Governor, General Assembly, and public. | ||||||
5 | In the fifth year, the report may be consolidated into the | ||||||
6 | new State Health Assessment and State Health Improvement | ||||||
7 | Plan. | ||||||
8 | (11) Upon the request of the Governor, to recommend to | ||||||
9 | the Governor
candidates for Director of Public Health when | ||||||
10 | vacancies occur in the position.
| ||||||
11 | (12) To adopt bylaws for the conduct of its own | ||||||
12 | business, including the
authority to establish ad hoc | ||||||
13 | committees to address specific public health
programs | ||||||
14 | requiring resolution.
| ||||||
15 | (13) (Blank). | ||||||
16 | Upon appointment, the Board shall elect a chairperson from | ||||||
17 | among its
members.
| ||||||
18 | Members of the Board shall receive compensation for their | ||||||
19 | services at the
rate of $150 per day, not to exceed $10,000 per | ||||||
20 | year, as designated by the
Director for each day required for | ||||||
21 | transacting the business of the Board
and shall be reimbursed | ||||||
22 | for necessary expenses incurred in the performance
of their | ||||||
23 | duties. The Board shall meet from time to time at the call of | ||||||
24 | the
Department, at the call of the chairperson, or upon the | ||||||
25 | request of 3 of its
members, but shall not meet less than 4 | ||||||
26 | times per year.
|
| |||||||
| |||||||
1 | (b) (Blank).
| ||||||
2 | (c) An Advisory Board on Necropsy Service to Coroners, | ||||||
3 | which shall
counsel and advise with the Director on the | ||||||
4 | administration of the Autopsy
Act. The Advisory Board shall | ||||||
5 | consist of 11 members, including
a senior citizen age 60 or | ||||||
6 | over, appointed by the Governor, one of
whom shall be | ||||||
7 | designated as chairman by a majority of the members of the
| ||||||
8 | Board. In the appointment of the first Board the Governor | ||||||
9 | shall appoint 3
members to serve for terms of 1 year, 3 for | ||||||
10 | terms of 2 years, and 3 for
terms of 3 years. The members first | ||||||
11 | appointed under Public Act 83-1538 shall serve for a term of 3 | ||||||
12 | years. All members appointed thereafter
shall be appointed for | ||||||
13 | terms of 3 years, except that when an
appointment is made
to | ||||||
14 | fill a vacancy, the appointment shall be for the remaining
| ||||||
15 | term of the position vacant. The members of the Board shall be | ||||||
16 | citizens of
the State of Illinois. In the appointment of | ||||||
17 | members of the Advisory Board
the Governor shall appoint 3 | ||||||
18 | members who shall be persons licensed to
practice medicine and | ||||||
19 | surgery in the State of Illinois, at least 2 of whom
shall have | ||||||
20 | received post-graduate training in the field of pathology; 3
| ||||||
21 | members who are duly elected coroners in this State; and 5 | ||||||
22 | members who
shall have interest and abilities in the field of | ||||||
23 | forensic medicine but who
shall be neither persons licensed to | ||||||
24 | practice any branch of medicine in
this State nor coroners. In | ||||||
25 | the appointment of medical and coroner members
of the Board, | ||||||
26 | the Governor shall invite nominations from recognized medical
|
| |||||||
| |||||||
1 | and coroners organizations in this State respectively. Board | ||||||
2 | members, while
serving on business of the Board, shall receive | ||||||
3 | actual necessary travel and
subsistence expenses while so | ||||||
4 | serving away from their places of residence.
| ||||||
5 | (Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17; | ||||||
6 | revised 7-17-19.)
| ||||||
7 | Article 125. | ||||||
8 | Section 125-1. Short title. This Article may be cited as | ||||||
9 | the Health and Human Services Task Force and Study Act. | ||||||
10 | References in this Article to "this Act" mean this Article. | ||||||
11 | Section 125-5. Findings. The General Assembly finds that:
| ||||||
12 | (1) The State is committed to improving the health and | ||||||
13 | well-being of Illinois residents and families.
| ||||||
14 | (2) According to data collected by the Kaiser | ||||||
15 | Foundation, Illinois had over 905,000 uninsured residents | ||||||
16 | in 2019, with a total uninsured rate of 7.3%. | ||||||
17 | (3) Many Illinois residents and families who have | ||||||
18 | health insurance cannot afford to use it due to high | ||||||
19 | deductibles and cost sharing.
| ||||||
20 | (4) Lack of access to affordable health care services | ||||||
21 | disproportionately affects minority communities | ||||||
22 | throughout the State, leading to poorer health outcomes | ||||||
23 | among those populations.
|
| |||||||
| |||||||
1 | (5) Illinois Medicaid beneficiaries are not receiving | ||||||
2 | the coordinated and effective care they need to support | ||||||
3 | their overall health and well-being.
| ||||||
4 | (6) Illinois has an opportunity to improve the health | ||||||
5 | and well-being of a historically underserved and | ||||||
6 | vulnerable population by providing more coordinated and | ||||||
7 | higher quality care to its Medicaid beneficiaries.
| ||||||
8 | (7) The State of Illinois has a responsibility to help | ||||||
9 | crime victims access justice, assistance, and the support | ||||||
10 | they need to heal.
| ||||||
11 | (8) Research has shown that people who are repeatedly | ||||||
12 | victimized are more likely to face mental health problems | ||||||
13 | such as depression, anxiety, and symptoms related to | ||||||
14 | post-traumatic stress disorder and chronic trauma.
| ||||||
15 | (9) Trauma-informed care has been promoted and | ||||||
16 | established in communities across the country on a | ||||||
17 | bipartisan basis, and numerous federal agencies have | ||||||
18 | integrated trauma-informed approaches into their programs | ||||||
19 | and grants, which should be leveraged by the State of | ||||||
20 | Illinois.
| ||||||
21 | (10) Infants, children, and youth and their families | ||||||
22 | who have experienced or are at risk of experiencing | ||||||
23 | trauma, including those who are low-income, homeless, | ||||||
24 | involved with the child welfare system, involved in the | ||||||
25 | juvenile or adult justice system, unemployed, or not | ||||||
26 | enrolled in or at risk of dropping out of an educational |
| |||||||
| |||||||
1 | institution and live in a community that has faced acute | ||||||
2 | or long-term exposure to substantial discrimination, | ||||||
3 | historical oppression, intergenerational poverty, a high | ||||||
4 | rate of violence or drug overdose deaths, should have an | ||||||
5 | opportunity for improved outcomes; this means increasing | ||||||
6 | access to greater opportunities to meet educational, | ||||||
7 | employment, health, developmental, community reentry, | ||||||
8 | permanency from foster care, or other key goals.
| ||||||
9 | Section 125-10. Health and Human Services Task Force. The | ||||||
10 | Health and Human Services Task Force is created within the | ||||||
11 | Department of Human Services to undertake a systematic review | ||||||
12 | of health and human service departments and programs with the | ||||||
13 | goal of improving health and human service outcomes for | ||||||
14 | Illinois residents. | ||||||
15 | Section 125-15. Study.
| ||||||
16 | (1) The Task Force shall review all health and human | ||||||
17 | service departments and programs and make recommendations for | ||||||
18 | achieving a system that will improve interagency | ||||||
19 | interoperability with respect to improving access to | ||||||
20 | healthcare, healthcare disparities, workforce competency and | ||||||
21 | diversity, social determinants of health, and data sharing and | ||||||
22 | collection. These recommendations shall include, but are not | ||||||
23 | limited to, the following elements: | ||||||
24 | (i) impact on infant and maternal mortality;
|
| |||||||
| |||||||
1 | (ii) impact of hospital closures, including safety-net | ||||||
2 | hospitals, on local communities; and
| ||||||
3 | (iii) impact on Medicaid Managed Care Organizations. | ||||||
4 | (2) The Task Force shall review and make recommendations | ||||||
5 | on ways the Medicaid program can partner and cooperate with | ||||||
6 | other agencies, including but not limited to the Department of | ||||||
7 | Agriculture, the Department of Insurance, the Department of | ||||||
8 | Human Services, the Department of Labor, the Environmental | ||||||
9 | Protection Agency, and the Department of Public Health, to | ||||||
10 | better address social determinants of public health, | ||||||
11 | including, but not limited to, food deserts, affordable | ||||||
12 | housing, environmental pollutions, employment, education, and | ||||||
13 | public support services. This shall include a review and | ||||||
14 | recommendations on ways Medicaid and the agencies can share | ||||||
15 | costs related to better health outcomes. | ||||||
16 | (3) The Task Force shall review the current partnership, | ||||||
17 | communication, and cooperation between Federally Qualified | ||||||
18 | Health Centers (FQHCs) and safety-net hospitals in Illinois | ||||||
19 | and make recommendations on public policies that will improve | ||||||
20 | interoperability and cooperations between these entities in | ||||||
21 | order to achieve improved coordinated care and better health | ||||||
22 | outcomes for vulnerable populations in the State. | ||||||
23 | (4) The Task Force shall review and examine public | ||||||
24 | policies affecting trauma and social determinants of health, | ||||||
25 | including trauma-informed care, and make recommendations on | ||||||
26 | ways to improve and integrate trauma-informed approaches into |
| |||||||
| |||||||
1 | programs and agencies in the State, including, but not limited | ||||||
2 | to, Medicaid and other health care programs administered by | ||||||
3 | the State, and increase awareness of trauma and its effects on | ||||||
4 | communities across Illinois.
| ||||||
5 | (5) The Task Force shall review and examine the connection | ||||||
6 | between access to education and health outcomes particularly | ||||||
7 | in African American and minority communities and make | ||||||
8 | recommendations on public policies to address any gaps or | ||||||
9 | deficiencies.
| ||||||
10 | Section 125-20. Membership; appointments; meetings; | ||||||
11 | support.
| ||||||
12 | (1) The Task Force shall include representation from both | ||||||
13 | public and private organizations, and its membership shall | ||||||
14 | reflect regional, racial, and cultural diversity to ensure | ||||||
15 | representation of the needs of all Illinois citizens. Task | ||||||
16 | Force members shall include one member appointed by the | ||||||
17 | President of the Senate, one member appointed by the Minority | ||||||
18 | Leader of the Senate, one member appointed by the Speaker of | ||||||
19 | the House of Representatives, one member appointed by the | ||||||
20 | Minority Leader of the House of Representatives, and other | ||||||
21 | members appointed by the Governor. The Governor's appointments | ||||||
22 | shall include, without limitation, the following:
| ||||||
23 | (A) One member of the Senate, appointed by the Senate | ||||||
24 | President, who shall serve as Co-Chair; | ||||||
25 | (B) One member of the House of Representatives, |
| |||||||
| |||||||
1 | appointed by the Speaker of the House, who shall serve as | ||||||
2 | Co-Chair; | ||||||
3 | (C) Eight members of the General Assembly representing | ||||||
4 | each of the majority and minority caucuses of each | ||||||
5 | chamber. | ||||||
6 | (D) The Directors or Secretaries of the following | ||||||
7 | State agencies or their designees: | ||||||
8 | (i) Department of Human Services. | ||||||
9 | (ii) Department of Children and Family Services. | ||||||
10 | (iii) Department of Healthcare and Family | ||||||
11 | Services. | ||||||
12 | (iv) State Board of Education. | ||||||
13 | (v) Department on Aging. | ||||||
14 | (vi) Department of Public Health. | ||||||
15 | (vii) Department of Veterans' Affairs. | ||||||
16 | (viii) Department of Insurance. | ||||||
17 | (E) Local government stakeholders and nongovernmental | ||||||
18 | stakeholders with an interest in human services, including | ||||||
19 | representation among the following private-sector fields | ||||||
20 | and constituencies: | ||||||
21 | (i) Early childhood education and development. | ||||||
22 | (ii) Child care. | ||||||
23 | (iii) Child welfare. | ||||||
24 | (iv) Youth services. | ||||||
25 | (v) Developmental disabilities. | ||||||
26 | (vi) Mental health. |
| |||||||
| |||||||
1 | (vii) Employment and training. | ||||||
2 | (viii) Sexual and domestic violence. | ||||||
3 | (ix) Alcohol and substance abuse. | ||||||
4 | (x) Local community collaborations among human | ||||||
5 | services programs. | ||||||
6 | (xi) Immigrant services. | ||||||
7 | (xii) Affordable housing. | ||||||
8 | (xiii) Food and nutrition. | ||||||
9 | (xiv) Homelessness. | ||||||
10 | (xv) Older adults. | ||||||
11 | (xvi) Physical disabilities. | ||||||
12 | (xvii) Maternal and child health. | ||||||
13 | (xviii) Medicaid managed care organizations. | ||||||
14 | (xix) Healthcare delivery. | ||||||
15 | (xx) Health insurance. | ||||||
16 | (2) Members shall serve without compensation for the | ||||||
17 | duration of the Task Force. | ||||||
18 | (3) In the event of a vacancy, the appointment to fill the | ||||||
19 | vacancy shall be made in the same manner as the original | ||||||
20 | appointment. | ||||||
21 | (4) The Task Force shall convene within 60 days after the | ||||||
22 | effective date of this Act. The initial meeting of the Task | ||||||
23 | Force shall be convened by the co-chair selected by the | ||||||
24 | Governor. Subsequent meetings shall convene at the call of the | ||||||
25 | co-chairs. The Task Force shall meet on a quarterly basis, or | ||||||
26 | more often if necessary. |
| |||||||
| |||||||
1 | (5) The Department of Human Services shall provide | ||||||
2 | administrative support to the Task Force. | ||||||
3 | Section 125-25. Report. The Task Force shall report to the | ||||||
4 | Governor and the General Assembly on the Task Force's progress | ||||||
5 | toward its goals and objectives by June 30, 2021, and every | ||||||
6 | June 30 thereafter. | ||||||
7 | Section 125-30. Transparency. In addition to whatever | ||||||
8 | policies or procedures it may adopt, all operations of the | ||||||
9 | Task Force shall be subject to the provisions of the Freedom of | ||||||
10 | Information Act and the Open Meetings Act. This Section shall | ||||||
11 | not be construed so as to preclude other State laws from | ||||||
12 | applying to the Task Force and its activities. | ||||||
13 | Section 125-40. Repeal. This Article is repealed June 30, | ||||||
14 | 2023. | ||||||
15 | Article 130. | ||||||
16 | Section 130-1. Short title. This Article may be cited as | ||||||
17 | the Anti-Racism Commission Act. References in this Article to | ||||||
18 | "this Act" mean this Article. | ||||||
19 | Section 130-5. Findings. The General Assembly finds and | ||||||
20 | declares all of the following:
|
| |||||||
| |||||||
1 | (1) Public health is the science and art of preventing | ||||||
2 | disease, of protecting and improving the health of people, | ||||||
3 | entire populations, and their communities; this work is | ||||||
4 | achieved by promoting healthy lifestyles and choices, | ||||||
5 | researching disease, and preventing injury.
| ||||||
6 | (2) Public health professionals try to prevent | ||||||
7 | problems from happening or recurring through implementing | ||||||
8 | educational programs, recommending policies, | ||||||
9 | administering services, and limiting health disparities | ||||||
10 | through the promotion of equitable and accessible | ||||||
11 | healthcare.
| ||||||
12 | (3) According to the Centers for Disease Control and | ||||||
13 | Prevention, racism and segregation in the State of | ||||||
14 | Illinois have exacerbated a health divide, resulting in | ||||||
15 | Black residents having lower life expectancies than white | ||||||
16 | citizens of this State and being far more likely than | ||||||
17 | other races to die prematurely (before the age of 75) and | ||||||
18 | to die of heart disease or stroke; Black residents of | ||||||
19 | Illinois have a higher level of infant mortality, lower | ||||||
20 | birth weight babies, and are more likely to be overweight | ||||||
21 | or obese as adults, have adult diabetes, and have | ||||||
22 | long-term complications from diabetes that exacerbate | ||||||
23 | other conditions, including the susceptibility to | ||||||
24 | COVID-19.
| ||||||
25 | (4) Black and Brown people are more likely to | ||||||
26 | experience poor health outcomes as a consequence of their |
| |||||||
| |||||||
1 | social determinants of health, health inequities stemming | ||||||
2 | from economic instability, education, physical | ||||||
3 | environment, food, and access to health care systems.
| ||||||
4 | (5) Black residents in Illinois are more likely than | ||||||
5 | white residents to experience violence-related trauma as a | ||||||
6 | result of socioeconomic conditions resulting from systemic | ||||||
7 | racism.
| ||||||
8 | (6) Racism is a social system with multiple dimensions | ||||||
9 | in which individual racism is internalized or | ||||||
10 | interpersonal and systemic racism is institutional or | ||||||
11 | structural and is a system of structuring opportunity and | ||||||
12 | assigning value based on the social interpretation of how | ||||||
13 | one looks; this unfairly disadvantages specific | ||||||
14 | individuals and communities, while unfairly giving | ||||||
15 | advantages to other individuals and communities; it saps | ||||||
16 | the strength of the whole society through the waste of | ||||||
17 | human resources.
| ||||||
18 | (7) Racism causes persistent racial discrimination | ||||||
19 | that influences many areas of life, including housing, | ||||||
20 | education, employment, and criminal justice; an emerging | ||||||
21 | body of research demonstrates that racism itself is a | ||||||
22 | social determinant of health.
| ||||||
23 | (8) More than 100 studies have linked racism to worse | ||||||
24 | health outcomes.
| ||||||
25 | (9) The American Public Health Association launched a | ||||||
26 | National Campaign against Racism.
|
| |||||||
| |||||||
1 | (10) Public health's responsibilities to address | ||||||
2 | racism include reshaping our discourse and agenda so that | ||||||
3 | we all actively engage in racial justice work.
| ||||||
4 | Section 130-10. Anti-Racism Commission.
| ||||||
5 | (a) The Anti-Racism Commission is hereby created to | ||||||
6 | identify and propose statewide policies to eliminate systemic | ||||||
7 | racism and advance equitable solutions for Black and Brown | ||||||
8 | people in Illinois.
| ||||||
9 | (b) The Anti-Racism Commission shall consist of the | ||||||
10 | following members, who shall serve without compensation:
| ||||||
11 | (1) one member of the House of Representatives, | ||||||
12 | appointed by the Speaker of the House of Representatives, | ||||||
13 | who shall serve as co-chair;
| ||||||
14 | (2) one member of the Senate, appointed by the Senate | ||||||
15 | President, who shall serve as co-chair;
| ||||||
16 | (3) one member of the House of Representatives, | ||||||
17 | appointed by the Minority Leader of the House of | ||||||
18 | Representatives;
| ||||||
19 | (4) one member of the Senate, appointed by the | ||||||
20 | Minority Leader of the Senate;
| ||||||
21 | (5) the Director of Public Health, or his or her | ||||||
22 | designee;
| ||||||
23 | (6) the Chair of the House Black Caucus;
| ||||||
24 | (7) the Chair of the Senate Black Caucus;
| ||||||
25 | (8) the Chair of the Joint Legislative Black Caucus;
|
| |||||||
| |||||||
1 | (9) the director of a statewide association | ||||||
2 | representing public health departments, appointed by the | ||||||
3 | Speaker of the House of Representatives; | ||||||
4 | (10) the Chair of the House Latino Caucus;
| ||||||
5 | (11) the Chair of the Senate Latino Caucus;
| ||||||
6 | (12) one community member appointed by the House Black | ||||||
7 | Caucus Chair;
| ||||||
8 | (13) one community member appointed by the Senate | ||||||
9 | Black Caucus Chair;
| ||||||
10 | (14) one community member appointed by the House | ||||||
11 | Latino Caucus Chair; and
| ||||||
12 | (15) one community member appointed by the Senate | ||||||
13 | Latino Caucus Chair.
| ||||||
14 | (c) The Department of Public Health shall provide | ||||||
15 | administrative support for the Commission.
| ||||||
16 | (d) The Commission is charged with, but not limited to, | ||||||
17 | the following tasks:
| ||||||
18 | (1) Working to create an equity and justice-oriented | ||||||
19 | State government.
| ||||||
20 | (2) Assessing the policy and procedures of all State | ||||||
21 | agencies to ensure racial equity is a core element of | ||||||
22 | State government.
| ||||||
23 | (3) Developing and incorporating into the | ||||||
24 | organizational structure of State government a plan for | ||||||
25 | educational efforts to understand, address, and dismantle | ||||||
26 | systemic racism in government actions.
|
| |||||||
| |||||||
1 | (4) Recommending and advocating for policies that | ||||||
2 | improve health in Black and Brown people and support | ||||||
3 | local, State, regional, and federal initiatives that | ||||||
4 | advance efforts to dismantle systemic racism.
| ||||||
5 | (5) Working to build alliances and partnerships with | ||||||
6 | organizations that are confronting racism and encouraging | ||||||
7 | other local, State, regional, and national entities to | ||||||
8 | recognize racism as a public health crisis.
| ||||||
9 | (6) Promoting community engagement, actively engaging | ||||||
10 | citizens on issues of racism and assisting in providing | ||||||
11 | tools to engage actively and authentically with Black and | ||||||
12 | Brown people.
| ||||||
13 | (7) Reviewing all portions of codified State laws | ||||||
14 | through the lens of racial equity.
| ||||||
15 | (8) Working with the Department of Central Management | ||||||
16 | Services to update policies that encourage diversity in | ||||||
17 | human resources, including hiring, board appointments, and | ||||||
18 | vendor selection by agencies, and to review all grant | ||||||
19 | management activities with an eye toward equity and | ||||||
20 | workforce development.
| ||||||
21 | (9) Recommending policies that promote racially | ||||||
22 | equitable economic and workforce development practices.
| ||||||
23 | (10) Promoting and supporting all policies that | ||||||
24 | prioritize the health of all people, especially people of | ||||||
25 | color, by mitigating exposure to adverse childhood | ||||||
26 | experiences and trauma in childhood and ensuring |
| |||||||
| |||||||
1 | implementation of health and equity in all policies.
| ||||||
2 | (11) Encouraging community partners and stakeholders | ||||||
3 | in the education, employment, housing, criminal justice, | ||||||
4 | and safety arenas to recognize racism as a public health | ||||||
5 | crisis and to implement policy recommendations.
| ||||||
6 | (12) Identifying clear goals and objectives, including | ||||||
7 | specific benchmarks, to assess progress.
| ||||||
8 | (13) Holding public hearings across Illinois to | ||||||
9 | continue to explore and to recommend needed action by the | ||||||
10 | General Assembly.
| ||||||
11 | (14) Working with the Governor and the General | ||||||
12 | Assembly to identify the necessary funds to support the | ||||||
13 | Anti-Racism Commission and its endeavors.
| ||||||
14 | (15) Identifying resources to allocate to Black and | ||||||
15 | Brown communities on an annual basis.
| ||||||
16 | (16) Encouraging corporate investment in anti-racism | ||||||
17 | policies in Black and Brown communities.
| ||||||
18 | (e) The Commission shall submit its final report to the | ||||||
19 | Governor and the General Assembly no later than December 31, | ||||||
20 | 2021. The Commission is dissolved upon the filing of its | ||||||
21 | report.
| ||||||
22 | Section 130-15. Repeal. This Article is repealed on | ||||||
23 | January 1, 2023. | ||||||
24 | Article 131. |
| |||||||
| |||||||
1 | Section 131-1. Short title. This Article may be cited as | ||||||
2 | the Sickle Cell Prevention, Care, and Treatment Program Act. | ||||||
3 | References in this Article to "this Act" mean this Article. | ||||||
4 | Section 131-5. Definitions. As used in this Act: | ||||||
5 | "Department" means the Department of Public Health. | ||||||
6 | "Program" means the Sickle Cell Prevention, Care, and | ||||||
7 | Treatment Program. | ||||||
8 | Section 131-10. Sickle Cell Prevention, Care, and | ||||||
9 | Treatment Program. The Department shall establish a grant | ||||||
10 | program for the purpose of providing for the prevention, care, | ||||||
11 | and treatment of sickle cell disease and for educational | ||||||
12 | programs concerning the disease. | ||||||
13 | Section 131-15. Grants; eligibility standards. | ||||||
14 | (a) The Department shall do the following: | ||||||
15 | (1)(A) Develop application criteria and standards of | ||||||
16 | eligibility for groups
or organizations who apply for | ||||||
17 | funds under the program. | ||||||
18 | (B) Make available grants to groups and organizations | ||||||
19 | who meet
the eligibility standards set by the Department. | ||||||
20 | However: | ||||||
21 | (i) the highest priority for grants shall be | ||||||
22 | accorded to
established sickle cell disease
|
| |||||||
| |||||||
1 | community-based organizations throughout Illinois; and | ||||||
2 | (ii) priority shall also be given to ensuring the
| ||||||
3 | establishment of sickle cell disease centers in | ||||||
4 | underserved
areas that have a higher population of | ||||||
5 | sickle cell disease
patients. | ||||||
6 | (2) Determine the maximum amount available for each | ||||||
7 | grant provided under subparagraph (B) of paragraph (1). | ||||||
8 | (3) Determine policies for the expiration and renewal | ||||||
9 | of grants provided under subparagraph (B) of paragraph | ||||||
10 | (1). | ||||||
11 | (4) Require that all grant funds be used for the | ||||||
12 | purpose of
prevention, care, and treatment of sickle cell | ||||||
13 | disease or
for educational programs concerning the | ||||||
14 | disease.
Grant funds shall be used for one or more of the | ||||||
15 | following purposes: | ||||||
16 | (A) Assisting in the development and expansion of | ||||||
17 | care for the
treatment of individuals with sickle cell | ||||||
18 | disease, particularly
for adults, including the | ||||||
19 | following types of care: | ||||||
20 | (i) Self-administered care. | ||||||
21 | (ii) Preventive care. | ||||||
22 | (iii) Home care. | ||||||
23 | (iv) Other evidence-based medical procedures | ||||||
24 | and
techniques designed to provide maximum control | ||||||
25 | over
sickling episodes typical of occurring to an | ||||||
26 | individual with
the disease. |
| |||||||
| |||||||
1 | (B) Increasing access to health care for | ||||||
2 | individuals with sickle cell disease. | ||||||
3 | (C) Establishing additional sickle cell disease | ||||||
4 | infusion centers. | ||||||
5 | (D) Increasing access to mental health resources | ||||||
6 | and pain management therapies for individuals with | ||||||
7 | sickle cell disease. | ||||||
8 | (E) Providing counseling to any individual, at no | ||||||
9 | cost, concerning sickle cell disease and sickle cell | ||||||
10 | trait, and the characteristics, symptoms, and | ||||||
11 | treatment of the disease. | ||||||
12 | (i) The counseling described in this | ||||||
13 | subparagraph (E) may consist of any of the | ||||||
14 | following: | ||||||
15 | (I) Genetic counseling for an individual | ||||||
16 | who tests positive for the sickle cell trait. | ||||||
17 | (II) Psychosocial counseling for an | ||||||
18 | individual who tests positive for sickle cell | ||||||
19 | disease, including any of the following: | ||||||
20 | (aa) Social service counseling. | ||||||
21 | (bb) Psychological counseling. | ||||||
22 | (cc) Psychiatric counseling.
| ||||||
23 | (5) Develop a sickle cell disease educational
outreach | ||||||
24 | program that includes the dissemination of
educational | ||||||
25 | materials to the following concerning sickle cell
disease | ||||||
26 | and sickle cell trait:
|
| |||||||
| |||||||
1 | (A) Medical residents. | ||||||
2 | (B) Immigrants. | ||||||
3 | (C) Schools and universities. | ||||||
4 | (6) Adopt any rules necessary to implement the | ||||||
5 | provisions of this Act. | ||||||
6 | (b) The Department may contract with an entity to
| ||||||
7 | implement the sickle cell disease educational outreach program
| ||||||
8 | described in paragraph (5) of subsection (a).
| ||||||
9 | Section 131-20. Sickle Cell Chronic Disease Fund. | ||||||
10 | (a) The Sickle Cell Chronic Disease Fund is
created as a | ||||||
11 | special fund in the State treasury for the purpose of carrying | ||||||
12 | out the provisions of this
Act and for no other
purpose. The | ||||||
13 | Fund shall be administered by the Department.
Expenditures | ||||||
14 | from the Fund shall be subject to appropriation. | ||||||
15 | (b) The Fund shall consist of: | ||||||
16 | (1) Any moneys appropriated to the Department for the | ||||||
17 | Sickle Cell Prevention, Care, and Treatment Program. | ||||||
18 | (2) Gifts, bequests, and other sources of funding. | ||||||
19 | (3) All interest earned on moneys in the Fund.
| ||||||
20 | Section 131-25. Study. | ||||||
21 | (a) Before July 1, 2022, and on a
biennial basis | ||||||
22 | thereafter, the Department, with the assistance
of: | ||||||
23 | (1) the Center for Minority Health Services; | ||||||
24 | (2) health care providers that treat individuals with |
| |||||||
| |||||||
1 | sickle cell
disease; | ||||||
2 | (3) individuals diagnosed with sickle cell disease; | ||||||
3 | (4) representatives of community-based organizations | ||||||
4 | that
serve individuals with sickle cell disease; and | ||||||
5 | (5) data collected via newborn screening for sickle | ||||||
6 | cell disease;
| ||||||
7 | shall perform a study to determine the prevalence, impact, and
| ||||||
8 | needs of individuals with sickle cell disease and the sickle | ||||||
9 | cell trait in
Illinois.
| ||||||
10 | (b) The study must include the following: | ||||||
11 | (1) The prevalence, by geographic location, of | ||||||
12 | individuals
diagnosed with sickle cell disease in | ||||||
13 | Illinois. | ||||||
14 | (2) The prevalence, by geographic location, of | ||||||
15 | individuals
diagnosed as sickle cell trait carriers in | ||||||
16 | Illinois. | ||||||
17 | (3) The availability and affordability of screening | ||||||
18 | services in
Illinois for the sickle cell trait.
| ||||||
19 | (4) The location and capacity of the following for the
| ||||||
20 | treatment of sickle cell disease and sickle cell trait | ||||||
21 | carriers:
| ||||||
22 | (A) Treatment centers. | ||||||
23 | (B) Clinics. | ||||||
24 | (C) Community-based social service organizations. | ||||||
25 | (D) Medical specialists.
| ||||||
26 | (5) The unmet medical, psychological, and social needs
|
| |||||||
| |||||||
1 | encountered by individuals in Illinois with sickle cell | ||||||
2 | disease. | ||||||
3 | (6) The underserved areas of Illinois for the | ||||||
4 | treatment of
sickle cell disease.
| ||||||
5 | (7) Recommendations for actions to address any | ||||||
6 | shortcomings
in the State identified under this Section. | ||||||
7 | (c) The Department shall submit a report on the study | ||||||
8 | performed
under this Section to the General Assembly. | ||||||
9 | Section 131-30. Implementation subject to appropriation. | ||||||
10 | Implementation of this Act is subject to appropriation. | ||||||
11 | Section 131-90. The State Finance Act is amended by adding | ||||||
12 | Section 5.937 as follows: | ||||||
13 | (30 ILCS 105/5.937 new) | ||||||
14 | Sec. 5.937. The Sickle Cell Chronic Disease Fund. | ||||||
15 | Title VII. Hospital Closure | ||||||
16 | Article 135. | ||||||
17 | Section 135-5. The Illinois Health Facilities Planning Act | ||||||
18 | is amended by changing Sections 4, 5.4, and 8.7 as follows:
| ||||||
19 | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
2 | Sec. 4. Health Facilities and Services Review Board; | ||||||
3 | membership; appointment; term;
compensation; quorum. | ||||||
4 | (a) There is created the Health
Facilities and Services | ||||||
5 | Review Board, which
shall perform the functions described in | ||||||
6 | this
Act. The Department shall provide operational support to | ||||||
7 | the Board as necessary, including the provision of office | ||||||
8 | space, supplies, and clerical, financial, and accounting | ||||||
9 | services. The Board may contract for functions or operational | ||||||
10 | support as needed. The Board may also contract with experts | ||||||
11 | related to specific health services or facilities and create | ||||||
12 | technical advisory panels to assist in the development of | ||||||
13 | criteria, standards, and procedures used in the evaluation of | ||||||
14 | applications for permit and exemption.
| ||||||
15 | (b) The State Board shall consist of 11 9 voting members. | ||||||
16 | All members shall be residents of Illinois and at least 4 shall | ||||||
17 | reside outside the Chicago Metropolitan Statistical Area. | ||||||
18 | Consideration shall be given to potential appointees who | ||||||
19 | reflect the ethnic and cultural diversity of the State. | ||||||
20 | Neither Board members nor Board staff shall be convicted | ||||||
21 | felons or have pled guilty to a felony. | ||||||
22 | Each member shall have a reasonable knowledge of the | ||||||
23 | practice, procedures and principles of the health care | ||||||
24 | delivery system in Illinois, including at least 5 members who | ||||||
25 | shall be knowledgeable about health care delivery systems, | ||||||
26 | health systems planning, finance, or the management of health |
| |||||||
| |||||||
1 | care facilities currently regulated under the Act. One member | ||||||
2 | shall be a representative of a non-profit health care consumer | ||||||
3 | advocacy organization. One member shall be a representative | ||||||
4 | from the community with experience on the effects of | ||||||
5 | discontinuing health care services or the closure of health | ||||||
6 | care facilities on the surrounding community; provided, | ||||||
7 | however, that all other members of the Board shall be | ||||||
8 | appointed before this member shall be appointed. A spouse, | ||||||
9 | parent, sibling, or child of a Board member cannot be an | ||||||
10 | employee, agent, or under contract with services or facilities | ||||||
11 | subject to the Act. Prior to appointment and in the course of | ||||||
12 | service on the Board, members of the Board shall disclose the | ||||||
13 | employment or other financial interest of any other relative | ||||||
14 | of the member, if known, in service or facilities subject to | ||||||
15 | the Act. Members of the Board shall declare any conflict of | ||||||
16 | interest that may exist with respect to the status of those | ||||||
17 | relatives and recuse themselves from voting on any issue for | ||||||
18 | which a conflict of interest is declared. No person shall be | ||||||
19 | appointed or continue to serve as a member of the State Board | ||||||
20 | who is, or whose spouse, parent, sibling, or child is, a member | ||||||
21 | of the Board of Directors of, has a financial interest in, or | ||||||
22 | has a business relationship with a health care facility. | ||||||
23 | Notwithstanding any provision of this Section to the | ||||||
24 | contrary, the term of
office of each member of the State Board | ||||||
25 | serving on the day before the effective date of this | ||||||
26 | amendatory Act of the 96th General Assembly is abolished on |
| |||||||
| |||||||
1 | the date upon which members of the 9-member Board, as | ||||||
2 | established by this amendatory Act of the 96th General | ||||||
3 | Assembly, have been appointed and can begin to take action as a | ||||||
4 | Board.
| ||||||
5 | (c) The State Board shall be appointed by the Governor, | ||||||
6 | with the advice
and consent of the Senate. Not more than 6 5 of | ||||||
7 | the
appointments shall be of the same political party at the | ||||||
8 | time of the appointment.
| ||||||
9 | The Secretary of Human Services, the Director of | ||||||
10 | Healthcare and Family Services, and
the Director of Public | ||||||
11 | Health, or their designated representatives,
shall serve as | ||||||
12 | ex-officio, non-voting members of the State Board.
| ||||||
13 | (d) Of those 9 members initially appointed by the Governor | ||||||
14 | following the effective date of this
amendatory Act of the | ||||||
15 | 96th General Assembly, 3 shall serve for terms expiring
July | ||||||
16 | 1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | ||||||
17 | shall serve
for terms expiring July 1, 2013. Thereafter, each
| ||||||
18 | appointed member shall
hold office for a term of 3 years, | ||||||
19 | provided that any member
appointed to fill a vacancy
occurring | ||||||
20 | prior to the expiration of the
term for which his or her | ||||||
21 | predecessor was appointed shall be appointed for the
remainder | ||||||
22 | of such term and the term of office of each successor shall
| ||||||
23 | commence on July 1 of the year in which his predecessor's term | ||||||
24 | expires. Each
member shall hold office until his or her | ||||||
25 | successor is appointed and qualified. The Governor may | ||||||
26 | reappoint a member for additional terms, but no member shall |
| |||||||
| |||||||
1 | serve more than 3 terms, subject to review and re-approval | ||||||
2 | every 3 years.
| ||||||
3 | (e) State Board members, while serving on business of the | ||||||
4 | State Board,
shall receive actual and necessary travel and | ||||||
5 | subsistence expenses while
so serving away from their places
| ||||||
6 | of residence. Until March 1, 2010, a
member of the State Board | ||||||
7 | who experiences a significant financial hardship
due to the | ||||||
8 | loss of income on days of attendance at meetings or while | ||||||
9 | otherwise
engaged in the business of the State Board may be | ||||||
10 | paid a hardship allowance, as
determined by and subject to the | ||||||
11 | approval of the Governor's Travel Control
Board.
| ||||||
12 | (f) The Governor shall designate one of the members to | ||||||
13 | serve as the Chairman of the Board, who shall be a person with | ||||||
14 | expertise in health care delivery system planning, finance or | ||||||
15 | management of health care facilities that are regulated under | ||||||
16 | the Act. The Chairman shall annually review Board member | ||||||
17 | performance and shall report the attendance record of each | ||||||
18 | Board member to the General Assembly. | ||||||
19 | (g) The State Board, through the Chairman, shall prepare a | ||||||
20 | separate and distinct budget approved by the General Assembly | ||||||
21 | and shall hire and supervise its own professional staff | ||||||
22 | responsible for carrying out the responsibilities of the | ||||||
23 | Board.
| ||||||
24 | (h) The State Board shall meet at least every 45 days, or | ||||||
25 | as often as
the Chairman of the State Board deems necessary, or | ||||||
26 | upon the request of
a majority of the members.
|
| |||||||
| |||||||
1 | (i) Six
Five members of the State Board shall constitute a | ||||||
2 | quorum.
The affirmative vote of 6 5 of the members of the State | ||||||
3 | Board shall be
necessary for
any action requiring a vote to be | ||||||
4 | taken by the State
Board. A vacancy in the membership of the | ||||||
5 | State Board shall not impair the
right of a quorum to exercise | ||||||
6 | all the rights and perform all the duties of the
State Board as | ||||||
7 | provided by this Act.
| ||||||
8 | (j) A State Board member shall disqualify himself or | ||||||
9 | herself from the
consideration of any application for a permit | ||||||
10 | or
exemption in which the State Board member or the State Board | ||||||
11 | member's spouse,
parent, sibling, or child: (i) has
an | ||||||
12 | economic interest in the matter; or (ii) is employed by, | ||||||
13 | serves as a
consultant for, or is a member of the
governing | ||||||
14 | board of the applicant or a party opposing the application.
| ||||||
15 | (k) The Chairman, Board members, and Board staff must | ||||||
16 | comply with the Illinois Governmental Ethics Act. | ||||||
17 | (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18 .)
| ||||||
18 | (20 ILCS 3960/5.4) | ||||||
19 | (Section scheduled to be repealed on December 31, 2029) | ||||||
20 | Sec. 5.4. Safety Net Impact Statement. | ||||||
21 | (a) General review criteria shall include a requirement | ||||||
22 | that all health care facilities, with the exception of skilled | ||||||
23 | and intermediate long-term care facilities licensed under the | ||||||
24 | Nursing Home Care Act, provide a Safety Net Impact Statement, | ||||||
25 | which shall be filed with an application for a substantive |
| |||||||
| |||||||
1 | project or when the application proposes to discontinue a | ||||||
2 | category of service. | ||||||
3 | (b) For the purposes of this Section, "safety net | ||||||
4 | services" are services provided by health care providers or | ||||||
5 | organizations that deliver health care services to persons | ||||||
6 | with barriers to mainstream health care due to lack of | ||||||
7 | insurance, inability to pay, special needs, ethnic or cultural | ||||||
8 | characteristics, or geographic isolation. Safety net service | ||||||
9 | providers include, but are not limited to, hospitals and | ||||||
10 | private practice physicians that provide charity care, | ||||||
11 | school-based health centers, migrant health clinics, rural | ||||||
12 | health clinics, federally qualified health centers, community | ||||||
13 | health centers, public health departments, and community | ||||||
14 | mental health centers. | ||||||
15 | (c) As developed by the applicant, a Safety Net Impact | ||||||
16 | Statement shall describe all of the following: | ||||||
17 | (1) The project's material impact, if any, on | ||||||
18 | essential safety net services in the community, including | ||||||
19 | the impact on racial and health care disparities in the | ||||||
20 | community, to the extent that it is feasible for an | ||||||
21 | applicant to have such knowledge. | ||||||
22 | (2) The project's impact on the ability of another | ||||||
23 | provider or health care system to cross-subsidize safety | ||||||
24 | net services, if reasonably known to the applicant. | ||||||
25 | (3) How the discontinuation of a facility or service | ||||||
26 | might impact the remaining safety net providers in a given |
| |||||||
| |||||||
1 | community, if reasonably known by the applicant. | ||||||
2 | (d) Safety Net Impact Statements shall also include all of | ||||||
3 | the following: | ||||||
4 | (1) For the 3 fiscal years prior to the application, a | ||||||
5 | certification describing the amount of charity care | ||||||
6 | provided by the applicant. The amount calculated by | ||||||
7 | hospital applicants shall be in accordance with the | ||||||
8 | reporting requirements for charity care reporting in the | ||||||
9 | Illinois Community Benefits Act. Non-hospital applicants | ||||||
10 | shall report charity care, at cost, in accordance with an | ||||||
11 | appropriate methodology specified by the Board. | ||||||
12 | (2) For the 3 fiscal years prior to the application, a | ||||||
13 | certification of the amount of care provided to Medicaid | ||||||
14 | patients. Hospital and non-hospital applicants shall | ||||||
15 | provide Medicaid information in a manner consistent with | ||||||
16 | the information reported each year to the State Board | ||||||
17 | regarding "Inpatients and Outpatients Served by Payor | ||||||
18 | Source" and "Inpatient and Outpatient Net Revenue by Payor | ||||||
19 | Source" as required by the Board under Section 13 of this | ||||||
20 | Act and published in the Annual Hospital Profile. | ||||||
21 | (3) Any information the applicant believes is directly | ||||||
22 | relevant to safety net services, including information | ||||||
23 | regarding teaching, research, and any other service. | ||||||
24 | (e) The Board staff shall publish a notice, that an | ||||||
25 | application accompanied by a Safety Net Impact Statement has | ||||||
26 | been filed, in a newspaper having general circulation within |
| |||||||
| |||||||
1 | the area affected by the application. If no newspaper has a | ||||||
2 | general circulation within the county, the Board shall post | ||||||
3 | the notice in 5 conspicuous places within the proposed area. | ||||||
4 | (f) Any person, community organization, provider, or | ||||||
5 | health system or other entity wishing to comment upon or | ||||||
6 | oppose the application may file a Safety Net Impact Statement | ||||||
7 | Response with the Board, which shall provide additional | ||||||
8 | information concerning a project's impact on safety net | ||||||
9 | services in the community. | ||||||
10 | (g) Applicants shall be provided an opportunity to submit | ||||||
11 | a reply to any Safety Net Impact Statement Response. | ||||||
12 | (h) The State Board Staff Report shall include a statement | ||||||
13 | as to whether a Safety Net Impact Statement was filed by the | ||||||
14 | applicant and whether it included information on charity care, | ||||||
15 | the amount of care provided to Medicaid patients, and | ||||||
16 | information on teaching, research, or any other service | ||||||
17 | provided by the applicant directly relevant to safety net | ||||||
18 | services. The report shall also indicate the names of the | ||||||
19 | parties submitting responses and the number of responses and | ||||||
20 | replies, if any, that were filed.
| ||||||
21 | (Source: P.A. 100-518, eff. 6-1-18 .) | ||||||
22 | (20 ILCS 3960/8.7) | ||||||
23 | (Section scheduled to be repealed on December 31, 2029) | ||||||
24 | Sec. 8.7. Application for permit for discontinuation of a | ||||||
25 | health care facility or category of service; public notice and |
| |||||||
| |||||||
1 | public hearing. | ||||||
2 | (a) Upon a finding that an application to close a health | ||||||
3 | care facility or discontinue a category of service is | ||||||
4 | complete, the State Board shall publish a legal notice on 3 | ||||||
5 | consecutive days in a newspaper of general circulation in the | ||||||
6 | area or community to be affected and afford the public an | ||||||
7 | opportunity to request a hearing. If the application is for a | ||||||
8 | facility located in a Metropolitan Statistical Area, an | ||||||
9 | additional legal notice shall be published in a newspaper of | ||||||
10 | limited circulation, if one exists, in the area in which the | ||||||
11 | facility is located. If the newspaper of limited circulation | ||||||
12 | is published on a daily basis, the additional legal notice | ||||||
13 | shall be published on 3 consecutive days. The legal notice | ||||||
14 | shall also be posted on the Health Facilities and Services | ||||||
15 | Review Board's website and sent to the State Representative | ||||||
16 | and State Senator of the district in which the health care | ||||||
17 | facility is located. In addition, the health care facility | ||||||
18 | shall provide notice of closure to the local media that the | ||||||
19 | health care facility would routinely notify about facility | ||||||
20 | events. | ||||||
21 | An application to close a health care facility shall only | ||||||
22 | be deemed complete if it includes evidence that the health | ||||||
23 | care facility provided written notice at least 30 days prior | ||||||
24 | to filing the application of its intent to do so to the | ||||||
25 | municipality in which it is located, the State Representative | ||||||
26 | and State Senator of the district in which the health care |
| |||||||
| |||||||
1 | facility is located, the State Board, the Director of Public | ||||||
2 | Health, and the Director of Healthcare and Family Services. | ||||||
3 | The changes made to this subsection by this amendatory Act of | ||||||
4 | the 101st General Assembly shall apply to all applications | ||||||
5 | submitted after the effective date of this amendatory Act of | ||||||
6 | the 101st General Assembly. | ||||||
7 | (b) No later than 30 days after issuance of a permit to | ||||||
8 | close a health care facility or discontinue a category of | ||||||
9 | service, the permit holder shall give written notice of the | ||||||
10 | closure or discontinuation to the State Senator and State | ||||||
11 | Representative serving the legislative district in which the | ||||||
12 | health care facility is located. | ||||||
13 | (c) (1) If there is a pending lawsuit that challenges an | ||||||
14 | application to discontinue a health care facility that either | ||||||
15 | names the Board as a party or alleges fraud in the filing of | ||||||
16 | the application, the Board may defer action on the application | ||||||
17 | for up to 6 months after the date of the initial deferral of | ||||||
18 | the application. | ||||||
19 | (2) The Board may defer action on an application to | ||||||
20 | discontinue a hospital that is pending before the Board as of | ||||||
21 | the effective date of this amendatory Act of the 102nd General | ||||||
22 | Assembly for up to 60 days after the effective date of this | ||||||
23 | amendatory Act of the 102nd General Assembly. | ||||||
24 | (3) The Board may defer taking final action on an | ||||||
25 | application to discontinue a hospital that is filed on or | ||||||
26 | after January 12, 2021, until the earlier to occur of: (i) the |
| |||||||
| |||||||
1 | expiration of the statewide disaster declaration proclaimed by | ||||||
2 | the Governor of the State of Illinois due to the COVID-19 | ||||||
3 | pandemic that is in effect on January 12, 2021, or any | ||||||
4 | extension thereof, or July 1, 2021, whichever occurs later; or | ||||||
5 | (ii) the expiration of the declaration of a public health | ||||||
6 | emergency due to the COVID-19 pandemic as declared by the | ||||||
7 | Secretary of the U.S. Department of Health and Human Services | ||||||
8 | that is in effect on January 12, 2021, or any extension | ||||||
9 | thereof, or July 1, 2021, whichever occurs later. This | ||||||
10 | paragraph (3) is repealed as of the date of the expiration of | ||||||
11 | the statewide disaster declaration proclaimed by the Governor | ||||||
12 | of the State of Illinois due to the COVID-19 pandemic that is | ||||||
13 | in effect on January 12, 2021, or any extension thereof, or | ||||||
14 | July 1, 2021, whichever occurs later. | ||||||
15 | (d) The changes made to this Section by this amendatory | ||||||
16 | Act of the 101st General Assembly shall apply to all | ||||||
17 | applications submitted after the effective date of this | ||||||
18 | amendatory Act of the 101st General Assembly.
| ||||||
19 | (Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.) | ||||||
20 | Title VIII. Managed Care Organization Reform | ||||||
21 | Article 150. | ||||||
22 | Section 150-5. The Illinois Public Aid Code is amended by | ||||||
23 | changing Section 5-30.1 as follows: |
| |||||||
| |||||||
1 | (305 ILCS 5/5-30.1) | ||||||
2 | Sec. 5-30.1. Managed care protections. | ||||||
3 | (a) As used in this Section: | ||||||
4 | "Managed care organization" or "MCO" means any entity | ||||||
5 | which contracts with the Department to provide services where | ||||||
6 | payment for medical services is made on a capitated basis. | ||||||
7 | "Emergency services" include: | ||||||
8 | (1) emergency services, as defined by Section 10 of | ||||||
9 | the Managed Care Reform and Patient Rights Act; | ||||||
10 | (2) emergency medical screening examinations, as | ||||||
11 | defined by Section 10 of the Managed Care Reform and | ||||||
12 | Patient Rights Act; | ||||||
13 | (3) post-stabilization medical services, as defined by | ||||||
14 | Section 10 of the Managed Care Reform and Patient Rights | ||||||
15 | Act; and | ||||||
16 | (4) emergency medical conditions, as defined by
| ||||||
17 | Section 10 of the Managed Care Reform and Patient Rights
| ||||||
18 | Act. | ||||||
19 | (b) As provided by Section 5-16.12, managed care | ||||||
20 | organizations are subject to the provisions of the Managed | ||||||
21 | Care Reform and Patient Rights Act. | ||||||
22 | (c) An MCO shall pay any provider of emergency services | ||||||
23 | that does not have in effect a contract with the contracted | ||||||
24 | Medicaid MCO. The default rate of reimbursement shall be the | ||||||
25 | rate paid under Illinois Medicaid fee-for-service program |
| |||||||
| |||||||
1 | methodology, including all policy adjusters, including but not | ||||||
2 | limited to Medicaid High Volume Adjustments, Medicaid | ||||||
3 | Percentage Adjustments, Outpatient High Volume Adjustments, | ||||||
4 | and all outlier add-on adjustments to the extent such | ||||||
5 | adjustments are incorporated in the development of the | ||||||
6 | applicable MCO capitated rates. | ||||||
7 | (d) An MCO shall pay for all post-stabilization services | ||||||
8 | as a covered service in any of the following situations: | ||||||
9 | (1) the MCO authorized such services; | ||||||
10 | (2) such services were administered to maintain the | ||||||
11 | enrollee's stabilized condition within one hour after a | ||||||
12 | request to the MCO for authorization of further | ||||||
13 | post-stabilization services; | ||||||
14 | (3) the MCO did not respond to a request to authorize | ||||||
15 | such services within one hour; | ||||||
16 | (4) the MCO could not be contacted; or | ||||||
17 | (5) the MCO and the treating provider, if the treating | ||||||
18 | provider is a non-affiliated provider, could not reach an | ||||||
19 | agreement concerning the enrollee's care and an affiliated | ||||||
20 | provider was unavailable for a consultation, in which case | ||||||
21 | the MCO
must pay for such services rendered by the | ||||||
22 | treating non-affiliated provider until an affiliated | ||||||
23 | provider was reached and either concurred with the | ||||||
24 | treating non-affiliated provider's plan of care or assumed | ||||||
25 | responsibility for the enrollee's care. Such payment shall | ||||||
26 | be made at the default rate of reimbursement paid under |
| |||||||
| |||||||
1 | Illinois Medicaid fee-for-service program methodology, | ||||||
2 | including all policy adjusters, including but not limited | ||||||
3 | to Medicaid High Volume Adjustments, Medicaid Percentage | ||||||
4 | Adjustments, Outpatient High Volume Adjustments and all | ||||||
5 | outlier add-on adjustments to the extent that such | ||||||
6 | adjustments are incorporated in the development of the | ||||||
7 | applicable MCO capitated rates. | ||||||
8 | (e) The following requirements apply to MCOs in | ||||||
9 | determining payment for all emergency services: | ||||||
10 | (1) MCOs shall not impose any requirements for prior | ||||||
11 | approval of emergency services. | ||||||
12 | (2) The MCO shall cover emergency services provided to | ||||||
13 | enrollees who are temporarily away from their residence | ||||||
14 | and outside the contracting area to the extent that the | ||||||
15 | enrollees would be entitled to the emergency services if | ||||||
16 | they still were within the contracting area. | ||||||
17 | (3) The MCO shall have no obligation to cover medical | ||||||
18 | services provided on an emergency basis that are not | ||||||
19 | covered services under the contract. | ||||||
20 | (4) The MCO shall not condition coverage for emergency | ||||||
21 | services on the treating provider notifying the MCO of the | ||||||
22 | enrollee's screening and treatment within 10 days after | ||||||
23 | presentation for emergency services. | ||||||
24 | (5) The determination of the attending emergency | ||||||
25 | physician, or the provider actually treating the enrollee, | ||||||
26 | of whether an enrollee is sufficiently stabilized for |
| |||||||
| |||||||
1 | discharge or transfer to another facility, shall be | ||||||
2 | binding on the MCO. The MCO shall cover emergency services | ||||||
3 | for all enrollees whether the emergency services are | ||||||
4 | provided by an affiliated or non-affiliated provider. | ||||||
5 | (6) The MCO's financial responsibility for | ||||||
6 | post-stabilization care services it has not pre-approved | ||||||
7 | ends when: | ||||||
8 | (A) a plan physician with privileges at the | ||||||
9 | treating hospital assumes responsibility for the | ||||||
10 | enrollee's care; | ||||||
11 | (B) a plan physician assumes responsibility for | ||||||
12 | the enrollee's care through transfer; | ||||||
13 | (C) a contracting entity representative and the | ||||||
14 | treating physician reach an agreement concerning the | ||||||
15 | enrollee's care; or | ||||||
16 | (D) the enrollee is discharged. | ||||||
17 | (f) Network adequacy and transparency. | ||||||
18 | (1) The Department shall: | ||||||
19 | (A) ensure that an adequate provider network is in | ||||||
20 | place, taking into consideration health professional | ||||||
21 | shortage areas and medically underserved areas; | ||||||
22 | (B) publicly release an explanation of its process | ||||||
23 | for analyzing network adequacy; | ||||||
24 | (C) periodically ensure that an MCO continues to | ||||||
25 | have an adequate network in place; and | ||||||
26 | (D) require MCOs, including Medicaid Managed Care |
| |||||||
| |||||||
1 | Entities as defined in Section 5-30.2, to meet | ||||||
2 | provider directory requirements under Section 5-30.3 ; | ||||||
3 | and . | ||||||
4 | (E) require MCOs to ensure that any | ||||||
5 | Medicaid-certified provider
under contract with an MCO | ||||||
6 | and previously submitted on a roster on the date of | ||||||
7 | service is
paid for any medically necessary, | ||||||
8 | Medicaid-covered, and authorized service rendered to
| ||||||
9 | any of the MCO's enrollees, regardless of inclusion on
| ||||||
10 | the MCO's published and publicly available directory | ||||||
11 | of
available providers. | ||||||
12 | (2) Each MCO shall confirm its receipt of information | ||||||
13 | submitted specific to physician or dentist additions or | ||||||
14 | physician or dentist deletions from the MCO's provider | ||||||
15 | network within 3 days after receiving all required | ||||||
16 | information from contracted physicians or dentists, and | ||||||
17 | electronic physician and dental directories must be | ||||||
18 | updated consistent with current rules as published by the | ||||||
19 | Centers for Medicare and Medicaid Services or its | ||||||
20 | successor agency. | ||||||
21 | (g) Timely payment of claims. | ||||||
22 | (1) The MCO shall pay a claim within 30 days of | ||||||
23 | receiving a claim that contains all the essential | ||||||
24 | information needed to adjudicate the claim. | ||||||
25 | (2) The MCO shall notify the billing party of its | ||||||
26 | inability to adjudicate a claim within 30 days of |
| |||||||
| |||||||
1 | receiving that claim. | ||||||
2 | (3) The MCO shall pay a penalty that is at least equal | ||||||
3 | to the timely payment interest penalty imposed under | ||||||
4 | Section 368a of the Illinois Insurance Code for any claims | ||||||
5 | not timely paid. | ||||||
6 | (A) When an MCO is required to pay a timely payment | ||||||
7 | interest penalty to a provider, the MCO must calculate | ||||||
8 | and pay the timely payment interest penalty that is | ||||||
9 | due to the provider within 30 days after the payment of | ||||||
10 | the claim. In no event shall a provider be required to | ||||||
11 | request or apply for payment of any owed timely | ||||||
12 | payment interest penalties. | ||||||
13 | (B) Such payments shall be reported separately | ||||||
14 | from the claim payment for services rendered to the | ||||||
15 | MCO's enrollee and clearly identified as interest | ||||||
16 | payments. | ||||||
17 | (4)(A) The Department shall require MCOs to expedite | ||||||
18 | payments to providers identified on the Department's | ||||||
19 | expedited provider list, determined in accordance with 89 | ||||||
20 | Ill. Adm. Code 140.71(b), on a schedule at least as | ||||||
21 | frequently as the providers are paid under the | ||||||
22 | Department's fee-for-service expedited provider schedule. | ||||||
23 | (B) Compliance with the expedited provider | ||||||
24 | requirement may be satisfied by an MCO through the use | ||||||
25 | of a Periodic Interim Payment (PIP) program that has | ||||||
26 | been mutually agreed to and documented between the MCO |
| |||||||
| |||||||
1 | and the provider, if and the PIP program ensures that | ||||||
2 | any expedited provider receives regular and periodic | ||||||
3 | payments based on prior period payment experience from | ||||||
4 | that MCO. Total payments under the PIP program may be | ||||||
5 | reconciled against future PIP payments on a schedule | ||||||
6 | mutually agreed to between the MCO and the provider. | ||||||
7 | (C) The Department shall share at least monthly | ||||||
8 | its expedited provider list and the frequency with | ||||||
9 | which it pays providers on the expedited list. | ||||||
10 | (g-5) Recognizing that the rapid transformation of the | ||||||
11 | Illinois Medicaid program may have unintended operational | ||||||
12 | challenges for both payers and providers: | ||||||
13 | (1) in no instance shall a medically necessary covered | ||||||
14 | service rendered in good faith, based upon eligibility | ||||||
15 | information documented by the provider, be denied coverage | ||||||
16 | or diminished in payment amount if the eligibility or | ||||||
17 | coverage information available at the time the service was | ||||||
18 | rendered is later found to be inaccurate in the assignment | ||||||
19 | of coverage responsibility between MCOs or the | ||||||
20 | fee-for-service system, except for instances when an | ||||||
21 | individual is deemed to have not been eligible for | ||||||
22 | coverage under the Illinois Medicaid program; and | ||||||
23 | (2) the Department shall, by December 31, 2016, adopt | ||||||
24 | rules establishing policies that shall be included in the | ||||||
25 | Medicaid managed care policy and procedures manual | ||||||
26 | addressing payment resolutions in situations in which a |
| |||||||
| |||||||
1 | provider renders services based upon information obtained | ||||||
2 | after verifying a patient's eligibility and coverage plan | ||||||
3 | through either the Department's current enrollment system | ||||||
4 | or a system operated by the coverage plan identified by | ||||||
5 | the patient presenting for services: | ||||||
6 | (A) such medically necessary covered services | ||||||
7 | shall be considered rendered in good faith; | ||||||
8 | (B) such policies and procedures shall be | ||||||
9 | developed in consultation with industry | ||||||
10 | representatives of the Medicaid managed care health | ||||||
11 | plans and representatives of provider associations | ||||||
12 | representing the majority of providers within the | ||||||
13 | identified provider industry; and | ||||||
14 | (C) such rules shall be published for a review and | ||||||
15 | comment period of no less than 30 days on the | ||||||
16 | Department's website with final rules remaining | ||||||
17 | available on the Department's website. | ||||||
18 | The rules on payment resolutions shall include, but not be | ||||||
19 | limited to: | ||||||
20 | (A) the extension of the timely filing period; | ||||||
21 | (B) retroactive prior authorizations; and | ||||||
22 | (C) guaranteed minimum payment rate of no less than | ||||||
23 | the current, as of the date of service, fee-for-service | ||||||
24 | rate, plus all applicable add-ons, when the resulting | ||||||
25 | service relationship is out of network. | ||||||
26 | The rules shall be applicable for both MCO coverage and |
| |||||||
| |||||||
1 | fee-for-service coverage. | ||||||
2 | If the fee-for-service system is ultimately determined to | ||||||
3 | have been responsible for coverage on the date of service, the | ||||||
4 | Department shall provide for an extended period for claims | ||||||
5 | submission outside the standard timely filing requirements. | ||||||
6 | (g-6) MCO Performance Metrics Report. | ||||||
7 | (1) The Department shall publish, on at least a | ||||||
8 | quarterly basis, each MCO's operational performance, | ||||||
9 | including, but not limited to, the following categories of | ||||||
10 | metrics: | ||||||
11 | (A) claims payment, including timeliness and | ||||||
12 | accuracy; | ||||||
13 | (B) prior authorizations; | ||||||
14 | (C) grievance and appeals; | ||||||
15 | (D) utilization statistics; | ||||||
16 | (E) provider disputes; | ||||||
17 | (F) provider credentialing; and | ||||||
18 | (G) member and provider customer service. | ||||||
19 | (2) The Department shall ensure that the metrics | ||||||
20 | report is accessible to providers online by January 1, | ||||||
21 | 2017. | ||||||
22 | (3) The metrics shall be developed in consultation | ||||||
23 | with industry representatives of the Medicaid managed care | ||||||
24 | health plans and representatives of associations | ||||||
25 | representing the majority of providers within the | ||||||
26 | identified industry. |
| |||||||
| |||||||
1 | (4) Metrics shall be defined and incorporated into the | ||||||
2 | applicable Managed Care Policy Manual issued by the | ||||||
3 | Department. | ||||||
4 | (g-7) MCO claims processing and performance analysis. In | ||||||
5 | order to monitor MCO payments to hospital providers, pursuant | ||||||
6 | to this amendatory Act of the 100th General Assembly, the | ||||||
7 | Department shall post an analysis of MCO claims processing and | ||||||
8 | payment performance on its website every 6 months. Such | ||||||
9 | analysis shall include a review and evaluation of a | ||||||
10 | representative sample of hospital claims that are rejected and | ||||||
11 | denied for clean and unclean claims and the top 5 reasons for | ||||||
12 | such actions and timeliness of claims adjudication, which | ||||||
13 | identifies the percentage of claims adjudicated within 30, 60, | ||||||
14 | 90, and over 90 days, and the dollar amounts associated with | ||||||
15 | those claims. The Department shall post the contracted claims | ||||||
16 | report required by HealthChoice Illinois on its website every | ||||||
17 | 3 months. | ||||||
18 | (g-8) Dispute resolution process. The Department shall | ||||||
19 | maintain a provider complaint portal through which a provider | ||||||
20 | can submit to the Department unresolved disputes with an MCO. | ||||||
21 | An unresolved dispute means an MCO's decision that denies in | ||||||
22 | whole or in part a claim for reimbursement to a provider for | ||||||
23 | health care services rendered by the provider to an enrollee | ||||||
24 | of the MCO with which the provider disagrees. Disputes shall | ||||||
25 | not be submitted to the portal until the provider has availed | ||||||
26 | itself of the MCO's internal dispute resolution process. |
| |||||||
| |||||||
1 | Disputes that are submitted to the MCO internal dispute | ||||||
2 | resolution process may be submitted to the Department of | ||||||
3 | Healthcare and Family Services' complaint portal no sooner | ||||||
4 | than 30 days after submitting to the MCO's internal process | ||||||
5 | and not later than 30 days after the unsatisfactory resolution | ||||||
6 | of the internal MCO process or 60 days after submitting the | ||||||
7 | dispute to the MCO internal process. Multiple claim disputes | ||||||
8 | involving the same MCO may be submitted in one complaint, | ||||||
9 | regardless of whether the claims are for different enrollees, | ||||||
10 | when the specific reason for non-payment of the claims | ||||||
11 | involves a common question of fact or policy. Within 10 | ||||||
12 | business days of receipt of a complaint, the Department shall | ||||||
13 | present such disputes to the appropriate MCO, which shall then | ||||||
14 | have 30 days to issue its written proposal to resolve the | ||||||
15 | dispute. The Department may grant one 30-day extension of this | ||||||
16 | time frame to one of the parties to resolve the dispute. If the | ||||||
17 | dispute remains unresolved at the end of this time frame or the | ||||||
18 | provider is not satisfied with the MCO's written proposal to | ||||||
19 | resolve the dispute, the provider may, within 30 days, request | ||||||
20 | the Department to review the dispute and make a final | ||||||
21 | determination. Within 30 days of the request for Department | ||||||
22 | review of the dispute, both the provider and the MCO shall | ||||||
23 | present all relevant information to the Department for | ||||||
24 | resolution and make individuals with knowledge of the issues | ||||||
25 | available to the Department for further inquiry if needed. | ||||||
26 | Within 30 days of receiving the relevant information on the |
| |||||||
| |||||||
1 | dispute, or the lapse of the period for submitting such | ||||||
2 | information, the Department shall issue a written decision on | ||||||
3 | the dispute based on contractual terms between the provider | ||||||
4 | and the MCO, contractual terms between the MCO and the | ||||||
5 | Department of Healthcare and Family Services and applicable | ||||||
6 | Medicaid policy. The decision of the Department shall be | ||||||
7 | final. By January 1, 2020, the Department shall establish by | ||||||
8 | rule further details of this dispute resolution process. | ||||||
9 | Disputes between MCOs and providers presented to the | ||||||
10 | Department for resolution are not contested cases, as defined | ||||||
11 | in Section 1-30 of the Illinois Administrative Procedure Act, | ||||||
12 | conferring any right to an administrative hearing. | ||||||
13 | (g-9)(1) The Department shall publish annually on its | ||||||
14 | website a report on the calculation of each managed care | ||||||
15 | organization's medical loss ratio showing the following: | ||||||
16 | (A) Premium revenue, with appropriate adjustments. | ||||||
17 | (B) Benefit expense, setting forth the aggregate | ||||||
18 | amount spent for the following: | ||||||
19 | (i) Direct paid claims. | ||||||
20 | (ii) Subcapitation payments. | ||||||
21 | (iii)
Other claim payments. | ||||||
22 | (iv)
Direct reserves. | ||||||
23 | (v)
Gross recoveries. | ||||||
24 | (vi)
Expenses for activities that improve health | ||||||
25 | care quality as allowed by the Department. | ||||||
26 | (2) The medical loss ratio shall be calculated consistent |
| |||||||
| |||||||
1 | with federal law and regulation following a claims runout | ||||||
2 | period determined by the Department. | ||||||
3 | (g-10)(1) "Liability effective date" means the date on | ||||||
4 | which an MCO becomes responsible for payment for medically | ||||||
5 | necessary and covered services rendered by a provider to one | ||||||
6 | of its enrollees in accordance with the contract terms between | ||||||
7 | the MCO and the provider. The liability effective date shall | ||||||
8 | be the later of: | ||||||
9 | (A) The execution date of a network participation | ||||||
10 | contract agreement. | ||||||
11 | (B) The date the provider or its representative | ||||||
12 | submits to the MCO the complete and accurate standardized | ||||||
13 | roster form for the provider in the format approved by the | ||||||
14 | Department. | ||||||
15 | (C) The provider effective date contained within the | ||||||
16 | Department's provider enrollment subsystem within the | ||||||
17 | Illinois Medicaid Program Advanced Cloud Technology | ||||||
18 | (IMPACT) System. | ||||||
19 | (2) The standardized roster form may be submitted to the | ||||||
20 | MCO at the same time that the provider submits an enrollment | ||||||
21 | application to the Department through IMPACT. | ||||||
22 | (3) By October 1, 2019, the Department shall require all | ||||||
23 | MCOs to update their provider directory with information for | ||||||
24 | new practitioners of existing contracted providers within 30 | ||||||
25 | days of receipt of a complete and accurate standardized roster | ||||||
26 | template in the format approved by the Department provided |
| |||||||
| |||||||
1 | that the provider is effective in the Department's provider | ||||||
2 | enrollment subsystem within the IMPACT system. Such provider | ||||||
3 | directory shall be readily accessible for purposes of | ||||||
4 | selecting an approved health care provider and comply with all | ||||||
5 | other federal and State requirements. | ||||||
6 | (g-11) The Department shall work with relevant | ||||||
7 | stakeholders on the development of operational guidelines to | ||||||
8 | enhance and improve operational performance of Illinois' | ||||||
9 | Medicaid managed care program, including, but not limited to, | ||||||
10 | improving provider billing practices, reducing claim | ||||||
11 | rejections and inappropriate payment denials, and | ||||||
12 | standardizing processes, procedures, definitions, and response | ||||||
13 | timelines, with the goal of reducing provider and MCO | ||||||
14 | administrative burdens and conflict. The Department shall | ||||||
15 | include a report on the progress of these program improvements | ||||||
16 | and other topics in its Fiscal Year 2020 annual report to the | ||||||
17 | General Assembly. | ||||||
18 | (g-12) Notwithstanding any other provision of law, if the
| ||||||
19 | Department or an MCO requires submission of a claim for | ||||||
20 | payment
in a non-electronic format, a provider shall always be | ||||||
21 | afforded
a period of no less than 90 business days, as a | ||||||
22 | correction
period, following any notification of rejection by | ||||||
23 | either the
Department or the MCO to correct errors or | ||||||
24 | omissions in the
original submission. | ||||||
25 | Under no circumstances, either by an MCO or under the
| ||||||
26 | State's fee-for-service system, shall a provider be denied
|
| |||||||
| |||||||
1 | payment for failure to comply with any timely submission
| ||||||
2 | requirements under this Code or under any existing contract,
| ||||||
3 | unless the non-electronic format claim submission occurs after
| ||||||
4 | the initial 180 days following the latest date of service on
| ||||||
5 | the claim, or after the 90 business days correction period
| ||||||
6 | following notification to the provider of rejection or denial
| ||||||
7 | of payment. | ||||||
8 | (h) The Department shall not expand mandatory MCO | ||||||
9 | enrollment into new counties beyond those counties already | ||||||
10 | designated by the Department as of June 1, 2014 for the | ||||||
11 | individuals whose eligibility for medical assistance is not | ||||||
12 | the seniors or people with disabilities population until the | ||||||
13 | Department provides an opportunity for accountable care | ||||||
14 | entities and MCOs to participate in such newly designated | ||||||
15 | counties. | ||||||
16 | (i) The requirements of this Section apply to contracts | ||||||
17 | with accountable care entities and MCOs entered into, amended, | ||||||
18 | or renewed after June 16, 2014 (the effective date of Public | ||||||
19 | Act 98-651).
| ||||||
20 | (j) Health care information released to managed care | ||||||
21 | organizations. A health care provider shall release to a | ||||||
22 | Medicaid managed care organization, upon request, and subject | ||||||
23 | to the Health Insurance Portability and Accountability Act of | ||||||
24 | 1996 and any other law applicable to the release of health | ||||||
25 | information, the health care information of the MCO's | ||||||
26 | enrollee, if the enrollee has completed and signed a general |
| |||||||
| |||||||
1 | release form that grants to the health care provider | ||||||
2 | permission to release the recipient's health care information | ||||||
3 | to the recipient's insurance carrier. | ||||||
4 | (k) The Department of Healthcare and Family Services, | ||||||
5 | managed care organizations, a statewide organization | ||||||
6 | representing hospitals, and a statewide organization | ||||||
7 | representing safety-net hospitals shall explore ways to | ||||||
8 | support billing departments in safety-net hospitals. | ||||||
9 | (l) The requirements of this Section added by this
| ||||||
10 | amendatory Act of the 102nd General Assembly shall apply to
| ||||||
11 | services provided on or after the first day of the month that
| ||||||
12 | begins 60 days after the effective date of this amendatory Act
| ||||||
13 | of the 102nd General Assembly. | ||||||
14 | (Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18; | ||||||
15 | 100-587, eff. 6-4-18; 101-209, eff. 8-5-19.) | ||||||
16 | Article 155. | ||||||
17 | Section 155-5. The Illinois Public Aid Code is amended by | ||||||
18 | adding Section 5-30.17 as follows: | ||||||
19 | (305 ILCS 5/5-30.17 new) | ||||||
20 | Sec. 5-30.17. Medicaid Managed Care Oversight Commission. | ||||||
21 | (a) The Medicaid Managed Care Oversight Commission is | ||||||
22 | created within the Department of Healthcare and Family | ||||||
23 | Services to evaluate the effectiveness of Illinois' managed |
| |||||||
| |||||||
1 | care program. | ||||||
2 | (b) The Commission shall consist of the following members: | ||||||
3 | (1) One member of the Senate, appointed by the Senate | ||||||
4 | President, who shall serve as co-chair. | ||||||
5 | (2) One member of the House of Representatives, | ||||||
6 | appointed by the Speaker of the House of Representatives, | ||||||
7 | who shall serve as co-chair. | ||||||
8 | (3) One member of the House of Representatives, | ||||||
9 | appointed by the Minority Leader of the House of | ||||||
10 | Representatives. | ||||||
11 | (4) One member of the Senate, appointed by the Senate | ||||||
12 | Minority Leader. | ||||||
13 | (5) One member representing the Department of | ||||||
14 | Healthcare and Family Services, appointed by the Governor. | ||||||
15 | (6) One member representing the Department of Public | ||||||
16 | Health, appointed by the Governor. | ||||||
17 | (7) One member representing the Department of Human | ||||||
18 | Services, appointed by the Governor. | ||||||
19 | (8) One member representing the Department of Children | ||||||
20 | and Family Services, appointed by the Governor. | ||||||
21 | (9) One member of a statewide association representing | ||||||
22 | Medicaid managed care plans, appointed by the Governor. | ||||||
23 | (10) One member of a statewide association | ||||||
24 | representing a majority of hospitals, appointed by the | ||||||
25 | Governor. | ||||||
26 | (11) Two academic experts on Medicaid managed care |
| |||||||
| |||||||
1 | programs, appointed by the Governor. | ||||||
2 | (12) One member of a statewide association | ||||||
3 | representing primary care providers, appointed by the | ||||||
4 | Governor. | ||||||
5 | (13) One member of a statewide association | ||||||
6 | representing behavioral health providers, appointed by the | ||||||
7 | Governor. | ||||||
8 | (14) Members representing Federally
Qualified Health | ||||||
9 | Centers, a long-term care association, a dental | ||||||
10 | association, pharmacies, pharmacists, a developmental | ||||||
11 | disability association, a Medicaid consumer advocate, a | ||||||
12 | Medicaid consumer, an association representing physicians, | ||||||
13 | a behavioral health association, and an association | ||||||
14 | representing pediatricians, appointed by the Governor. | ||||||
15 | (15) A member of a statewide association representing | ||||||
16 | only safety-net hospitals, appointed by the Governor. | ||||||
17 | (c) The Director of Healthcare and Family Services and | ||||||
18 | chief of staff, or their designees, shall serve as the | ||||||
19 | Commission's executive administrators in providing | ||||||
20 | administrative support, research support, and other | ||||||
21 | administrative tasks requested by the Commission's co-chairs. | ||||||
22 | Any expenses, including, but not limited to, travel and | ||||||
23 | housing, shall be paid for by the Department's existing | ||||||
24 | budget. | ||||||
25 | (d) The members of the Commission shall receive no | ||||||
26 | compensation for their services as members of the Commission. |
| |||||||
| |||||||
1 | (e) The Commission shall meet quarterly beginning as soon | ||||||
2 | as is practicable after the effective date of this amendatory | ||||||
3 | Act of the 102nd General Assembly. | ||||||
4 | (f) The Commission shall: | ||||||
5 | (1) review data on health outcomes of Medicaid managed | ||||||
6 | care members; | ||||||
7 | (2) review current care coordination and case | ||||||
8 | management efforts and make recommendations on expanding | ||||||
9 | care coordination to additional populations with a focus | ||||||
10 | on the social determinants of health; | ||||||
11 | (3) review and assess the appropriateness of metrics | ||||||
12 | used in the Pay-for-Performance programs; | ||||||
13 | (4) review the Department's prior authorization and | ||||||
14 | utilization management requirements and recommend | ||||||
15 | adaptations for the Medicaid population; | ||||||
16 | (5) review managed care performance in meeting | ||||||
17 | diversity contracting goals and the use of funds dedicated | ||||||
18 | to meeting such goals, including, but not limited to, | ||||||
19 | contracting requirements set forth in the Business | ||||||
20 | Enterprise for Minorities, Women, and Persons with | ||||||
21 | Disabilities Act; recommend strategies to increase | ||||||
22 | compliance with diversity contracting goals in | ||||||
23 | collaboration with the Chief Procurement Officer for | ||||||
24 | General Services and the Business Enterprise Council for | ||||||
25 | Minorities, Women, and Persons with Disabilities; and | ||||||
26 | recoup any misappropriated funds for diversity |
| |||||||
| |||||||
1 | contracting; | ||||||
2 | (6) review data on the effectiveness of processing to | ||||||
3 | medical providers; | ||||||
4 | (7) review member access to health care services in | ||||||
5 | the Medicaid Program, including specialty care services; | ||||||
6 | (8) review value-based and other alternative payment | ||||||
7 | methodologies to make recommendations to enhance program | ||||||
8 | efficiency and improve health outcomes; | ||||||
9 | (9) review the compliance of all managed care entities | ||||||
10 | in State contracts and recommend reasonable financial | ||||||
11 | penalties for any noncompliance; | ||||||
12 | (10) produce an annual report detailing the | ||||||
13 | Commission's findings based upon its review of research | ||||||
14 | conducted under this Section, including specific | ||||||
15 | recommendations, if any, and any other information the | ||||||
16 | Commission may deem proper in furtherance of its duties | ||||||
17 | under this Section; | ||||||
18 | (11) review provider availability and make | ||||||
19 | recommendations to increase providers where needed, | ||||||
20 | including reviewing the regulatory environment and making | ||||||
21 | recommendations for reforms; | ||||||
22 | (12) review capacity for culturally competent | ||||||
23 | services, including translation services among providers; | ||||||
24 | and | ||||||
25 | (13) review and recommend changes to the safety-net | ||||||
26 | hospital definition to create different classifications of |
| |||||||
| |||||||
1 | safety-net hospitals. | ||||||
2 | (f-5) The Department shall make available upon request the | ||||||
3 | analytics of Medicaid managed care clearinghouse data | ||||||
4 | regarding processing. | ||||||
5 | (g) Beginning January 1, 2022, and for each year | ||||||
6 | thereafter, the Commission shall submit a report of its | ||||||
7 | findings and recommendations to the General Assembly. The | ||||||
8 | report to the General Assembly shall be filed with the Clerk of | ||||||
9 | the House of Representatives and the Secretary of the Senate | ||||||
10 | in electronic form only, in the manner that the Clerk and the | ||||||
11 | Secretary shall direct. | ||||||
12 | Article 160. | ||||||
13 | Section 160-5. The State Finance Act is amended by adding | ||||||
14 | Sections 5.935 and 6z-124 as follows: | ||||||
15 | (30 ILCS 105/5.935 new) | ||||||
16 | Sec. 5.935. The Managed Care Oversight Fund. | ||||||
17 | (30 ILCS 105/6z-124 new) | ||||||
18 | Sec. 6z-124. Managed Care Oversight Fund. The Managed Care | ||||||
19 | Oversight Fund is created as a special fund in the State | ||||||
20 | treasury. Subject to appropriation, available annual moneys in | ||||||
21 | the Fund shall be used by the Department of Healthcare and | ||||||
22 | Family Services to support contracting with women and |
| |||||||
| |||||||
1 | minority-owned businesses as part of the Department's Business | ||||||
2 | Enterprise Program requirements. The Department shall | ||||||
3 | prioritize contracts for care coordination services, workforce | ||||||
4 | development, and other services that support the Department's | ||||||
5 | mission to promote health equity. Funds may not be used for any | ||||||
6 | administrative costs of the Department. | ||||||
7 | Article 170. | ||||||
8 | Section 170-5. The Illinois Public Aid Code is amended by | ||||||
9 | adding Section 5-30.16 as follows: | ||||||
10 | (305 ILCS 5/5-30.16 new) | ||||||
11 | Sec. 5-30.16. Medicaid Business Opportunity Commission. | ||||||
12 | (a) The Medicaid Business Opportunity Commission is
| ||||||
13 | created within the Department of Healthcare and Family | ||||||
14 | Services
to develop a program to support and grow minority, | ||||||
15 | women, and persons with disability owned businesses. | ||||||
16 | (b) The Commission shall consist of the following members: | ||||||
17 | (1) Two members appointed by the Illinois Legislative | ||||||
18 | Black Caucus. | ||||||
19 | (2) Two members appointed by the Illinois Legislative | ||||||
20 | Latino Caucus. | ||||||
21 | (3) Two members appointed by the Conference of Women | ||||||
22 | Legislators of the Illinois General Assembly. | ||||||
23 | (4) Two members representing a statewide Medicaid |
| |||||||
| |||||||
1 | health plan association, appointed by the Governor. | ||||||
2 | (5) One member representing the Department of | ||||||
3 | Healthcare and Family Services, appointed by the Governor. | ||||||
4 | (6) Three members representing businesses currently | ||||||
5 | registered with the Business Enterprise Program, appointed | ||||||
6 | by the Governor. | ||||||
7 | (7) One member representing the disability community, | ||||||
8 | appointed by the Governor. | ||||||
9 | (8) One member representing the Business Enterprise | ||||||
10 | Council, appointed by the Governor. | ||||||
11 | (c) The Director of Healthcare and Family Services and | ||||||
12 | chief of staff, or their designees, shall serve as the | ||||||
13 | Commission's executive administrators in providing | ||||||
14 | administrative support, research support, and other | ||||||
15 | administrative tasks requested by the Commission's co-chairs. | ||||||
16 | Any expenses, including, but not limited to, travel and | ||||||
17 | housing, shall be paid for by the Department's existing | ||||||
18 | budget. | ||||||
19 | (d) The members of the Commission shall receive no | ||||||
20 | compensation for their services as members of the Commission. | ||||||
21 | (e) The members of the Commission shall designate | ||||||
22 | co-chairs of the Commission to lead their efforts at the first | ||||||
23 | meeting of the Commission. | ||||||
24 | (f) The Commission shall meet at least monthly beginning | ||||||
25 | as soon as is practicable after the effective date of this | ||||||
26 | amendatory Act of the 102nd General Assembly. |
| |||||||
| |||||||
1 | (g) The Commission shall: | ||||||
2 | (1) Develop a recommendation on a Medicaid Business | ||||||
3 | Opportunity Program for Minority, Women, and Persons with | ||||||
4 | Disability Owned business contracting requirements to be | ||||||
5 | included in the contracts between the Department of | ||||||
6 | Healthcare and Family Services and the Managed Care | ||||||
7 | entities for the provision of Medicaid Services. | ||||||
8 | (2) Make recommendations on the process by which | ||||||
9 | vendors or providers would be certified as eligible to be | ||||||
10 | included in the program and appropriate eligibility | ||||||
11 | standards relative to the healthcare industry. | ||||||
12 | (3) Make a recommendation on whether to include not | ||||||
13 | for profit organizations, diversity councils, or diversity | ||||||
14 | chambers as eligible for certification. | ||||||
15 | (4) Make a recommendation on whether diverse staff | ||||||
16 | shall be considered within the goals set for managed care | ||||||
17 | entities. | ||||||
18 | (5) Make a recommendation on whether a new platform | ||||||
19 | for certification is necessary to administer this program | ||||||
20 | or if the existing platform for the Business Enterprise | ||||||
21 | Program is capable of including recommended changes coming | ||||||
22 | from this Commission. | ||||||
23 | (6) Make a recommendation on the ongoing activity of | ||||||
24 | the Commission including structure, frequency of meetings, | ||||||
25 | and agendas to ensure ongoing oversight of the program by | ||||||
26 | the Commission. |
| |||||||
| |||||||
1 | (h) The Commission shall provide recommendations to the | ||||||
2 | Department and the General assembly by April 15, 2021 in order | ||||||
3 | to ensure prompt implementation of the Medicaid Business | ||||||
4 | Opportunity Program. | ||||||
5 | (i) Beginning January 1, 2022, and for each year | ||||||
6 | thereafter, the Commission shall submit a report of its | ||||||
7 | findings and recommendations to the General Assembly. The | ||||||
8 | report to the General Assembly shall be filed with the Clerk of | ||||||
9 | the House of Representatives and the Secretary of the Senate | ||||||
10 | in electronic form only, in the manner that the Clerk and the | ||||||
11 | Secretary shall direct. | ||||||
12 | Article 172. | ||||||
13 | Section 172-5. The Illinois Public Aid Code is amended by | ||||||
14 | changing Section 14-13 as follows: | ||||||
15 | (305 ILCS 5/14-13) | ||||||
16 | Sec. 14-13. Reimbursement for inpatient stays extended | ||||||
17 | beyond medical necessity. | ||||||
18 | (a) By October 1, 2019, the Department shall by rule | ||||||
19 | implement a methodology effective for dates of service July 1, | ||||||
20 | 2019 and later to reimburse hospitals for inpatient stays | ||||||
21 | extended beyond medical necessity due to the inability of the | ||||||
22 | Department or the managed care organization in which a | ||||||
23 | recipient is enrolled or the hospital discharge planner to |
| |||||||
| |||||||
1 | find an appropriate placement after discharge from the | ||||||
2 | hospital. The Department shall evaluate the effectiveness of | ||||||
3 | the current reimbursement rate for inpatient hospital stays | ||||||
4 | beyond medical necessity. | ||||||
5 | (b) The methodology shall provide reasonable compensation | ||||||
6 | for the services provided attributable to the days of the | ||||||
7 | extended stay for which the prevailing rate methodology | ||||||
8 | provides no reimbursement. The Department may use a day | ||||||
9 | outlier program to satisfy this requirement. The reimbursement | ||||||
10 | rate shall be set at a level so as not to act as an incentive | ||||||
11 | to avoid transfer to the appropriate level of care needed or | ||||||
12 | placement, after discharge. | ||||||
13 | (c) The Department shall require managed care | ||||||
14 | organizations to adopt this methodology or an alternative | ||||||
15 | methodology that pays at least as much as the Department's | ||||||
16 | adopted methodology unless otherwise mutually agreed upon | ||||||
17 | contractual language is developed by the provider and the | ||||||
18 | managed care organization for a risk-based or innovative | ||||||
19 | payment methodology. | ||||||
20 | (d) Days beyond medical necessity shall not be eligible | ||||||
21 | for per diem add-on payments under the Medicaid High Volume | ||||||
22 | Adjustment (MHVA) or the Medicaid Percentage Adjustment (MPA) | ||||||
23 | programs. | ||||||
24 | (e) For services covered by the fee-for-service program, | ||||||
25 | reimbursement under this Section shall only be made for days | ||||||
26 | beyond medical necessity that occur after the hospital has |
| |||||||
| |||||||
1 | notified the Department of the need for post-discharge | ||||||
2 | placement. For services covered by a managed care | ||||||
3 | organization, hospitals shall notify the appropriate managed | ||||||
4 | care organization of an admission within 24 hours of | ||||||
5 | admission. For every 24-hour period beyond the initial 24 | ||||||
6 | hours after admission that the hospital fails to notify the | ||||||
7 | managed care organization of the admission, reimbursement | ||||||
8 | under this subsection shall be reduced by one day.
| ||||||
9 | (Source: P.A. 101-209, eff. 8-5-19.) | ||||||
10 | Title IX. Maternal and Infant Mortality | ||||||
11 | Article 175. | ||||||
12 | Section 175-5. The Illinois Public Aid Code is amended by | ||||||
13 | adding Section 5-18.5 as follows: | ||||||
14 | (305 ILCS 5/5-18.5 new) | ||||||
15 | Sec. 5-18.5. Perinatal doula and evidence-based home | ||||||
16 | visiting services. | ||||||
17 | (a) As used in this Section: | ||||||
18 | "Home visiting" means a voluntary, evidence-based strategy | ||||||
19 | used to support pregnant people, infants, and young children | ||||||
20 | and their caregivers to promote infant, child, and maternal | ||||||
21 | health, to foster educational development and school | ||||||
22 | readiness, and to help prevent child abuse and neglect. Home |
| |||||||
| |||||||
1 | visitors are trained professionals whose visits and activities | ||||||
2 | focus on promoting strong parent-child attachment to foster | ||||||
3 | healthy child development. | ||||||
4 | "Perinatal doula" means a trained provider who provides | ||||||
5 | regular, voluntary physical, emotional, and educational | ||||||
6 | support, but not medical or midwife care, to pregnant and | ||||||
7 | birthing persons before, during, and after childbirth, | ||||||
8 | otherwise known as the perinatal period. | ||||||
9 | "Perinatal doula training" means any doula training that | ||||||
10 | focuses on providing support throughout the prenatal, labor | ||||||
11 | and delivery, or postpartum period, and reflects the type of | ||||||
12 | doula care that the doula seeks to provide. | ||||||
13 | (b) Notwithstanding any other provision of this Article, | ||||||
14 | perinatal doula services and evidence-based home visiting | ||||||
15 | services shall be covered under the medical assistance | ||||||
16 | program, subject to appropriation, for persons who are | ||||||
17 | otherwise eligible for medical assistance under this Article. | ||||||
18 | Perinatal doula services include regular visits beginning in | ||||||
19 | the prenatal period and continuing into the postnatal period, | ||||||
20 | inclusive of continuous support during labor and delivery, | ||||||
21 | that support healthy pregnancies and positive birth outcomes. | ||||||
22 | Perinatal doula services may be embedded in an existing | ||||||
23 | program, such as evidence-based home visiting. Perinatal doula | ||||||
24 | services provided during the prenatal period may be provided | ||||||
25 | weekly, services provided during the labor and delivery period | ||||||
26 | may be provided for the entire duration of labor and the time |
| |||||||
| |||||||
1 | immediately following birth, and services provided during the | ||||||
2 | postpartum period may be provided up to 12 months postpartum. | ||||||
3 | (c) The Department of Healthcare and Family Services shall | ||||||
4 | adopt rules to administer this Section. In this rulemaking, | ||||||
5 | the Department shall consider the expertise of and consult | ||||||
6 | with doula program experts, doula training providers, | ||||||
7 | practicing doulas, and home visiting experts, along with State | ||||||
8 | agencies implementing perinatal doula services and relevant | ||||||
9 | bodies under the Illinois Early Learning Council. This body of | ||||||
10 | experts shall inform the Department on the credentials | ||||||
11 | necessary for perinatal doula and home visiting services to be | ||||||
12 | eligible for Medicaid reimbursement and the rate of | ||||||
13 | reimbursement for home visiting and perinatal doula services | ||||||
14 | in the prenatal, labor and delivery, and postpartum periods. | ||||||
15 | Every 2 years, the Department shall assess the rates of | ||||||
16 | reimbursement for perinatal doula and home visiting services | ||||||
17 | and adjust rates accordingly. | ||||||
18 | (d) The Department shall seek such State plan amendments | ||||||
19 | or waivers as may be necessary to implement this Section and | ||||||
20 | shall secure federal financial participation for expenditures | ||||||
21 | made by the Department in accordance with this Section. | ||||||
22 | Title X. Medicaid Managed Care Reform | ||||||
23 | Article 185. |
| |||||||
| |||||||
1 | Section 185-1. Short title. This Article may be cited as | ||||||
2 | the Medicaid Technical Assistance Act. References in this | ||||||
3 | Article to "this Act" mean this Article. | ||||||
4 | Section 185-3. Findings. The General Assembly finds as | ||||||
5 | follows: | ||||||
6 | (1) This Act seeks to remedy a fraction of a much | ||||||
7 | larger broken system by addressing access to health care, | ||||||
8 | managed care organization reform, mental and substance | ||||||
9 | abuse treatment services, and services to address the | ||||||
10 | social determinants of health. | ||||||
11 | (2) Illinois transitioned Medicaid services to managed | ||||||
12 | care with the goals of achieving better health outcomes | ||||||
13 | for the Medicaid population and reducing the per capita | ||||||
14 | costs of health care. | ||||||
15 | (3) Illinois benefits when people have support | ||||||
16 | constructing the sturdy foundation of health and | ||||||
17 | well-being that we all need to reach our potential. | ||||||
18 | Medicaid managed care can be a vital tool in ensuring that | ||||||
19 | people have the full range of supports that form this | ||||||
20 | foundation, including services from community providers | ||||||
21 | that address behavioral health needs, as well as related | ||||||
22 | services that help people access food, housing, and | ||||||
23 | employment.
| ||||||
24 | (4) However, there are barriers that prevent Illinois | ||||||
25 | from fully realizing the benefits of Medicaid managed |
| |||||||
| |||||||
1 | care. The 2 devastating years of the State budget impasse | ||||||
2 | resulted in 2 years of lost opportunity for community | ||||||
3 | providers to invest in the people, systems, and technology | ||||||
4 | that are necessary for them to participate in Medicaid | ||||||
5 | managed care. A recent survey by the Illinois | ||||||
6 | Collaboration on Youth of more than 130 community | ||||||
7 | providers revealed that the majority do not have contracts | ||||||
8 | with managed care organizations, and most do not have | ||||||
9 | adequate billing and technology infrastructure sufficient | ||||||
10 | for Medicaid billing now or in the future. The survey also | ||||||
11 | revealed that community-based providers primarily serving | ||||||
12 | people of color are the least prepared to participate in | ||||||
13 | Medicaid managed care. | ||||||
14 | (5) The disparity in readiness between providers | ||||||
15 | primarily serving people of color and those who serve a | ||||||
16 | more mixed or white clientele is especially urgent because | ||||||
17 | 62% of Illinois' Medicaid recipients are people of color. | ||||||
18 | Racial disparities in behavioral health care result in | ||||||
19 | significant human and financial costs to both the | ||||||
20 | individual and to the State.
| ||||||
21 | (6) The COVID-19 pandemic has further exacerbated the | ||||||
22 | health disparities experienced by communities of color. | ||||||
23 | COVID-19 has increased both the Medicaid-eligible | ||||||
24 | population in Illinois, and increased the demand for | ||||||
25 | behavioral health services, as Illinois residents grapple | ||||||
26 | with trauma, death, job loss, depression, suicide, |
| |||||||
| |||||||
1 | addiction, and exposure to violence. In addition, COVID-19 | ||||||
2 | threatens the stability and viability of community-based | ||||||
3 | providers, further straining the health care safety net | ||||||
4 | for people who depend on Medicaid for these essential | ||||||
5 | services. | ||||||
6 | (7) Lack of support for a diversity of providers | ||||||
7 | reduces choice for Medicaid recipients and may incentivize | ||||||
8 | managed care organizations to focus on a narrow selection | ||||||
9 | of community partners. Having some choice in which | ||||||
10 | providers people see for these essential services and | ||||||
11 | having access to providers who understand their community, | ||||||
12 | culture, and language has been demonstrated to reduce | ||||||
13 | disparities in health outcomes and improve health and | ||||||
14 | well-being across the life span.
| ||||||
15 | (8) The Medicaid managed care system lacks consistent, | ||||||
16 | statewide support for community providers, creating | ||||||
17 | inefficiency and duplication. Providers need targeted | ||||||
18 | trainings focused on their levels of readiness, learning | ||||||
19 | collaboratives to provide group-level support for those | ||||||
20 | experiencing similar challenges, and a mechanism to | ||||||
21 | identify problems that need systemic solutions. Illinois | ||||||
22 | could receive up to 70% in Medicaid matching funds from | ||||||
23 | the federal government to supplement the costs of | ||||||
24 | operating a Medicaid Technical Assistance Center. | ||||||
25 | (9) When community-based health care providers are | ||||||
26 | able to contract with managed care organizations to |
| |||||||
| |||||||
1 | deliver Medicaid services, people can access the care they | ||||||
2 | need, in their communities, from providers they trust.
| ||||||
3 | Section 185-5. Definitions. As used in this Act: | ||||||
4 | "Behavioral health providers" means mental health and | ||||||
5 | substance use disorder providers. | ||||||
6 | "Department" means the Department of Healthcare and Family | ||||||
7 | Services. | ||||||
8 | "Health care providers" means organizations who provide | ||||||
9 | physical, mental, substance use disorder, or social | ||||||
10 | determinant of health services. | ||||||
11 | "Health equity" means providing care that does not vary in | ||||||
12 | quality because of personal characteristics such as gender, | ||||||
13 | ethnicity, geographic location, and socioeconomic status.
| ||||||
14 | "Network adequacy" means a Medicaid beneficiaries' ability | ||||||
15 | to access all necessary provider types within time and | ||||||
16 | distance standards as defined in the Managed Care Organization | ||||||
17 | model contract. | ||||||
18 | "Service deserts" means geographic areas of the State with | ||||||
19 | no or limited Medicaid providers that accept Medicaid. | ||||||
20 | "Social determinants of health" means any conditions that | ||||||
21 | impact an individual's health, including, but not limited to, | ||||||
22 | access to healthy food, safety, education, and housing | ||||||
23 | stability. | ||||||
24 | "Stakeholders" means, but are not limited to, health care | ||||||
25 | providers, advocacy organizations, managed care organizations, |
| |||||||
| |||||||
1 | Medicaid beneficiaries, and State and city partners. | ||||||
2 | Section 185-10. Medicaid Technical Assistance Center. The | ||||||
3 | Department of Healthcare and Family Services shall establish a | ||||||
4 | Medicaid Technical Assistance Center. The Medicaid Technical | ||||||
5 | Assistance Center shall operate as a cross-system educational | ||||||
6 | resource to strengthen the business infrastructure of health | ||||||
7 | care provider organizations in Illinois to ultimately increase | ||||||
8 | the capacity, access, health equity, and quality of Illinois' | ||||||
9 | Medicaid managed care program, HealthChoice Illinois, and | ||||||
10 | YouthCare, the Medicaid managed care program for children and | ||||||
11 | youth who receive Medicaid health services through the | ||||||
12 | Department of Children and Family Services. The Medicaid | ||||||
13 | Technical Assistance Center shall be established within the | ||||||
14 | Department's Office of Medicaid Innovation. | ||||||
15 | Section 185-15. Collaboration. The Medicaid Technical | ||||||
16 | Assistance Center shall collaborate with public and private | ||||||
17 | partners throughout the State to identify, establish, and | ||||||
18 | maintain best practices necessary for health providers to | ||||||
19 | ensure their capacity to participate in HealthChoice Illinois | ||||||
20 | or YouthCare. The Medicaid Technical Assistance Center shall | ||||||
21 | administer the following: | ||||||
22 | (1) Outreach and engagement: The Medicaid Technical | ||||||
23 | Assistance Center shall undertake efforts to identify and | ||||||
24 | engage community-based providers offering behavioral |
| |||||||
| |||||||
1 | health services or services addressing the social | ||||||
2 | determinants of health, especially those predominantly | ||||||
3 | serving communities of color or those operating within or | ||||||
4 | near service deserts, for the purpose of offering training | ||||||
5 | and technical assistance to them through the Medicaid | ||||||
6 | Technical Assistance Center. Outreach and engagement | ||||||
7 | services may be subcontracted. | ||||||
8 | (2) Trainings: The Medicaid Technical Assistance | ||||||
9 | Center shall create and administer ongoing trainings for | ||||||
10 | health care providers. Trainings may be subcontracted. The | ||||||
11 | Medicaid Technical Assistance Center shall provide | ||||||
12 | in-person and web-based trainings. In-person training | ||||||
13 | shall be conducted throughout the State. All trainings | ||||||
14 | must be free of charge. The Medicaid Technical Assistance | ||||||
15 | Center shall administer post-training surveys and | ||||||
16 | incorporate feedback. Training content and delivery must | ||||||
17 | be reflective of Illinois providers' varying levels of | ||||||
18 | readiness, resources, and client populations. | ||||||
19 | (3) Web-based resources: The Medicaid Technical | ||||||
20 | Assistance Center shall maintain an independent, easy to | ||||||
21 | navigate, and up-to-date website that includes, but is not | ||||||
22 | limited to: recorded training archives, a training | ||||||
23 | calendar, provider resources and tools, up-to-date | ||||||
24 | explanations of Department and managed care organization | ||||||
25 | guidance, a running database of frequently asked questions | ||||||
26 | and contact information for key staff members of the |
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1 | Department, managed care organizations, and the Medicaid | ||||||
2 | Technical Assistance Center. | ||||||
3 | (4) Learning collaboratives: The Medicaid Technical | ||||||
4 | Assistance Center shall host regional learning | ||||||
5 | collaboratives that will supplement the Medicaid Technical | ||||||
6 | Assistance Center training curriculum to bring together | ||||||
7 | groups of stakeholders to share issues and best practices, | ||||||
8 | and to escalate issues. Leadership of the Department and | ||||||
9 | managed care organizations shall attend learning | ||||||
10 | collaboratives on a quarterly basis. | ||||||
11 | (5) Network adequacy reports: The Medicaid Technical | ||||||
12 | Assistance Center shall publicly release a report on | ||||||
13 | Medicaid provider network adequacy within the first 3 | ||||||
14 | years of implementation and annually thereafter. The | ||||||
15 | reports shall identify provider service deserts and health | ||||||
16 | care disparities by race and ethnicity. | ||||||
17 | (6) Equitable delivery system: The Medicaid Technical | ||||||
18 | Assistance Center is committed to the principle that all | ||||||
19 | Medicaid recipients have accessible and equitable physical | ||||||
20 | and mental health care services. All providers served | ||||||
21 | through the Medicaid Technical Assistance Center shall | ||||||
22 | deliver services notwithstanding the patient's race, | ||||||
23 | color, gender, gender identity, age, ancestry, marital | ||||||
24 | status, military status, religion, national origin, | ||||||
25 | disability status, sexual orientation, order of protection | ||||||
26 | status, as defined under Section 1-103 of the Illinois |
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1 | Human Rights Act, or immigration status. | ||||||
2 | Section 185-20. Federal financial participation. The | ||||||
3 | Department of Healthcare and Family Services, to the extent | ||||||
4 | allowable under federal law, shall maximize federal financial | ||||||
5 | participation for any moneys appropriated to the Department | ||||||
6 | for the Medicaid Technical Assistance Center. Any federal | ||||||
7 | financial participation funds obtained in accordance with this | ||||||
8 | Section shall be used for the further development and | ||||||
9 | expansion of the Medicaid Technical Assistance Center. All | ||||||
10 | federal financial participation funds obtained under this | ||||||
11 | subsection shall be deposited into the Medicaid Technical | ||||||
12 | Assistance Center Fund created under Section 25. | ||||||
13 | Section 185-25. Medicaid Technical Assistance Center Fund. | ||||||
14 | The Medicaid Technical Assistance Center Fund is created as a | ||||||
15 | special fund in the State treasury. The Fund shall consist of | ||||||
16 | any moneys appropriated to the Department of Healthcare and | ||||||
17 | Family Services for the purposes of this Act and any federal | ||||||
18 | financial participation funds obtained as provided under | ||||||
19 | Section 20. Subject to appropriation, moneys in the Fund shall | ||||||
20 | be used for carrying out the purposes of this Act and for no | ||||||
21 | other purpose. All interest earned on the moneys in the Fund | ||||||
22 | shall be deposited into the Fund. | ||||||
23 | Section 185-90. The State Finance Act is amended by adding |
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1 | Section 5.935 as follows: | ||||||
2 | (30 ILCS 105/5.935 new) | ||||||
3 | Sec. 5.935. The Medicaid Technical Assistance Center Fund. | ||||||
4 | Title XI. Miscellaneous | ||||||
5 | Article 999.
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6 | Section 999-99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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