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

 
5
Article 1.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 
10
Article 5.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 
4
Article 10.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB0158 Enrolled- 33 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 34 -LRB102 10244 CPF 15570 b

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

 

 

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

 

 

HB0158 Enrolled- 36 -LRB102 10244 CPF 15570 b

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

 

 

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

 

 

HB0158 Enrolled- 38 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 39 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 40 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 41 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 42 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 43 -LRB102 10244 CPF 15570 b

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

 

 

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

 

 

HB0158 Enrolled- 45 -LRB102 10244 CPF 15570 b

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

 

 

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

 

 

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

 

 

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

 

 

HB0158 Enrolled- 49 -LRB102 10244 CPF 15570 b

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

 

 

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

 
16    Section 20-5. The University of Illinois Hospital Act is
17amended by adding Section 8d as follows:
 
18    (110 ILCS 330/8d new)
19    Sec. 8d. N95 masks. Pursuant to and in accordance with
20applicable local, State, and federal policies, guidance and
21recommendations of public health and infection control
22authorities, and taking into consideration the limitations on

 

 

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1access to N95 masks caused by disruptions in local, State,
2national, and international supply chains, the University of
3Illinois Hospital shall provide N95 masks to physicians
4licensed under the Medical Practice Act of 1987, registered
5nurses and advanced practice registered nurses licensed under
6the Nurse Licensing Act, and any other employees or
7contractual workers who provide direct patient care and who,
8pursuant to such policies, guidance, and recommendations, are
9recommended to have such a mask to safely provide such direct
10patient care within a hospital setting. Nothing in this
11Section shall be construed to impose any new duty or
12obligation on the University of Illinois Hospital or employee
13that is greater than that imposed under State and federal laws
14in effect on the effective date of this amendatory Act of the
15102nd General Assembly. This Section is repealed on December
1631, 2021.
 
17    Section 20-10. The Hospital Licensing Act is amended by
18adding Section 6.28 as follows:
 
19    (210 ILCS 85/6.28 new)
20    Sec. 6.28. N95 masks. Pursuant to and in accordance with
21applicable local, State, and federal policies, guidance and
22recommendations of public health and infection control
23authorities, and taking into consideration the limitations on
24access to N95 masks caused by disruptions in local, State,

 

 

HB0158 Enrolled- 52 -LRB102 10244 CPF 15570 b

1national, and international supply chains, a hospital licensed
2under this Act shall provide N95 masks to physicians licensed
3under the Medical Practice Act of 1987, registered nurses and
4advanced practice registered nurses licensed under the Nurse
5Licensing Act, and any other employees or contractual workers
6who provide direct patient care and who, pursuant to such
7policies, guidance, and recommendations, are recommended to
8have such a mask to safely provide such direct patient care
9within a hospital setting. Nothing in this Section shall be
10construed to impose any new duty or obligation on the hospital
11or employee that is greater than that imposed under State and
12federal laws in effect on the effective date of this
13amendatory Act of the 102nd General Assembly. This Section is
14repealed on December 31, 2021.
 
15
Article 35.

 
16    Section 35-5. The Illinois Public Aid Code is amended by
17changing 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
21to be paid to a hospital for inpatient psychiatric services
22shall be $363.77.
23    (b) For purposes of this Section, "hospital" means the

 

 

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1following:
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.

 

 

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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

 

 

HB0158 Enrolled- 55 -LRB102 10244 CPF 15570 b

1services" means those services provided to patients who are in
2need of short-term acute inpatient hospitalization for active
3treatment of an emotional or mental disorder.
4    (b-5) Notwithstanding any other provision of this Section,
5and subject to appropriation, the inpatient, per diem rate to
6be paid to all safety-net hospitals for inpatient psychiatric
7services on and after January 1, 2021 shall be at least $630.
8    (c) No rules shall be promulgated to implement this
9Section. For purposes of this Section, "rules" is given the
10meaning contained in Section 1-70 of the Illinois
11Administrative Procedure Act.
12    (d) This Section shall not be in effect during any period
13of time that the State has in place a fully operational
14hospital assessment plan that has been approved by the Centers
15for Medicare and Medicaid Services of the U.S. Department of
16Health and Human Services.
17    (e) On and after July 1, 2012, the Department shall reduce
18any rate of reimbursement for services or other payments or
19alter any methodologies authorized by this Code to reduce any
20rate of reimbursement for services or other payments in
21accordance with Section 5-5e.
22(Source: P.A. 97-689, eff. 6-14-12.)
 
23
Title IV. Medical Implicit Bias

 
24
Article 45.

 

 

 

HB0158 Enrolled- 56 -LRB102 10244 CPF 15570 b

1    Section 45-5. The Department of Professional Regulation
2Law of the Civil Administrative Code of Illinois is amended by
3adding 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"
7means a person licensed or registered by the Department of
8Financial and Professional Regulation under the following
9Acts: Medical Practice Act of 1987, Nurse Practice Act,
10Clinical Psychologist Licensing Act, Illinois Dental Practice
11Act, Illinois Optometric Practice Act of 1987, Pharmacy
12Practice Act, Illinois Physical Therapy Act, Physician
13Assistant Practice Act of 1987, Acupuncture Practice Act,
14Illinois Athletic Trainers Practice Act, Clinical Social Work
15and Social Work Practice Act, Dietitian Nutritionist Practice
16Act, Home Medical Equipment and Services Provider License Act,
17Naprapathic Practice Act, Nursing Home Administrators
18Licensing and Disciplinary Act, Illinois Occupational Therapy
19Practice Act, Illinois Optometric Practice Act of 1987,
20Podiatric Medical Practice Act of 1987, Respiratory Care
21Practice Act, Professional Counselor and Clinical Professional
22Counselor Licensing and Practice Act, Sex Offender Evaluation
23and Treatment Provider Act, Illinois Speech-Language Pathology
24and Audiology Practice Act, Perfusionist Practice Act,

 

 

HB0158 Enrolled- 57 -LRB102 10244 CPF 15570 b

1Registered Surgical Assistant and Registered Surgical
2Technologist Title Protection Act, and Genetic Counselor
3Licensing Act.
4    (b) For license or registration renewals occurring on or
5after January 1, 2022, a health care professional who has
6continuing education requirements must complete at least a
7one-hour course in training on implicit bias awareness per
8renewal period. A health care professional may count this one
9hour for completion of this course toward meeting the minimum
10credit hours required for continuing education. Any training
11on implicit bias awareness applied to meet any other State
12licensure requirement, professional accreditation or
13certification requirement, or health care institutional
14practice agreement may count toward the one-hour requirement
15under this Section.
16    (c) The Department may adopt rules for the implementation
17of this Section.
 
18
Title V. Substance Abuse and Mental Health Treatment

 
19
Article 50.

 
20    Section 50-5. The Illinois Controlled Substances Act is
21amended by changing Section 414 as follows:
 
22    (720 ILCS 570/414)

 

 

HB0158 Enrolled- 58 -LRB102 10244 CPF 15570 b

1    Sec. 414. Overdose; limited immunity from prosecution.
2    (a) For the purposes of this Section, "overdose" means a
3controlled substance-induced physiological event that results
4in a life-threatening emergency to the individual who
5ingested, inhaled, injected or otherwise bodily absorbed a
6controlled, counterfeit, or look-alike substance or a
7controlled substance analog.
8    (b) A person who, in good faith, seeks or obtains
9emergency medical assistance for someone experiencing an
10overdose shall not be arrested, charged, or prosecuted for a
11violation of Section 401 or 402 of the Illinois Controlled
12Substances Act, Section 3.5 of the Drug Paraphernalia Control
13Act, Section 55 or 60 of the Methamphetamine Control and
14Community Protection Act, Section 9-3.3 of the Criminal Code
15of 2012, or paragraph (1) of subsection (g) of Section 12-3.05
16of the Criminal Code of 2012 Class 4 felony possession of a
17controlled, counterfeit, or look-alike substance or a
18controlled substance analog if evidence for the violation
19Class 4 felony possession charge was acquired as a result of
20the person seeking or obtaining emergency medical assistance
21and providing the amount of substance recovered is within the
22amount identified in subsection (d) of this Section. The
23violations listed in this subsection (b) must not serve as the
24sole basis of a violation of parole, mandatory supervised
25release, probation, or conditional discharge, or any seizure
26of property under any State law authorizing civil forfeiture

 

 

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1so long as the evidence for the violation was acquired as a
2result of the person seeking or obtaining emergency medical
3assistance in the event of an overdose.
4    (c) A person who is experiencing an overdose shall not be
5arrested, charged, or prosecuted for a violation of Section
6401 or 402 of the Illinois Controlled Substances Act, Section
73.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
8the Criminal Code of 2012, or paragraph (1) of subsection (g)
9of Section 12-3.05 of the Criminal Code of 2012 Class 4 felony
10possession of a controlled, counterfeit, or look-alike
11substance or a controlled substance analog if evidence for the
12violation Class 4 felony possession charge was acquired as a
13result of the person seeking or obtaining emergency medical
14assistance and providing the amount of substance recovered is
15within the amount identified in subsection (d) of this
16Section. The violations listed in this subsection (c) must not
17serve as the sole basis of a violation of parole, mandatory
18supervised release, probation, or conditional discharge, or
19any seizure of property under any State law authorizing civil
20forfeiture so long as the evidence for the violation was
21acquired as a result of the person seeking or obtaining
22emergency medical assistance in the event of an overdose.
23    (d) For the purposes of subsections (b) and (c), the
24limited immunity shall only apply to a person possessing the
25following amount:
26        (1) less than 3 grams of a substance containing

 

 

HB0158 Enrolled- 60 -LRB102 10244 CPF 15570 b

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

 

 

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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
8has reasonable suspicion or probable cause to detain, arrest,
9or search the person described in subsection (b) or (c) of this
10Section for criminal activity and the reasonable suspicion or
11probable cause is based on information obtained prior to or
12independent of the individual described in subsection (b) or
13(c) taking action to seek or obtain emergency medical
14assistance and not obtained as a direct result of the action of
15seeking or obtaining emergency medical assistance. Nothing in
16this Section is intended to interfere with or prevent the
17investigation, arrest, or prosecution of any person for the
18delivery or distribution of cannabis, methamphetamine or other
19controlled substances, drug-induced homicide, or any other
20crime if the evidence of the violation is not acquired as a
21result of the person seeking or obtaining emergency medical
22assistance 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
25Protection Act is amended by changing Section 115 as follows:
 

 

 

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1    (720 ILCS 646/115)
2    Sec. 115. Overdose; limited immunity from prosecution.
3    (a) For the purposes of this Section, "overdose" means a
4methamphetamine-induced physiological event that results in a
5life-threatening emergency to the individual who ingested,
6inhaled, injected, or otherwise bodily absorbed
7methamphetamine.
8    (b) A person who, in good faith, seeks emergency medical
9assistance for someone experiencing an overdose shall not be
10arrested, charged or prosecuted for a violation of Section 55
11or 60 of this Act or Section 3.5 of the Drug Paraphernalia
12Control Act, Section 9-3.3 of the Criminal Code of 2012, or
13paragraph (1) of subsection (g) of Section 12-3.05 of the
14Criminal Code of 2012 Class 3 felony possession of
15methamphetamine if evidence for the violation Class 3 felony
16possession charge was acquired as a result of the person
17seeking or obtaining emergency medical assistance and
18providing the amount of substance recovered is less than 3
19grams one gram of methamphetamine or a substance containing
20methamphetamine. The violations listed in this subsection (b)
21must not serve as the sole basis of a violation of parole,
22mandatory supervised release, probation, or conditional
23discharge, or any seizure of property under any State law
24authorizing civil forfeiture so long as the evidence for the
25violation was acquired as a result of the person seeking or

 

 

HB0158 Enrolled- 63 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 64 -LRB102 10244 CPF 15570 b

1independent of the individual described in subsection (b) or
2(c) taking action to seek or obtain emergency medical
3assistance and not obtained as a direct result of the action of
4seeking or obtaining emergency medical assistance. Nothing in
5this Section is intended to interfere with or prevent the
6investigation, arrest, or prosecution of any person for the
7delivery or distribution of cannabis, methamphetamine or other
8controlled substances, drug-induced homicide, or any other
9crime if the evidence of the violation is not acquired as a
10result of the person seeking or obtaining emergency medical
11assistance 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
15by 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
19by the Department in the Adult Protective Services division,
20or is contracted with the Department, and works on the
21development or implementation of social services to respond to
22and prevent adult abuse, neglect, or exploitation.
23    (b) The Department shall implement a dementia training

 

 

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1program that must include instruction on the identification of
2people with dementia, risks such as wandering, communication
3impairments, and elder abuse, and the best practices for
4interacting with people with dementia.
5    (c) Training of at least 2 hours shall be completed at the
6start of employment with the Adult Protective Services
7division. Persons who are employees of the Adult Protective
8Services division on the effective date of this amendatory Act
9of the 102nd General Assembly shall complete this training
10within 6 months after the effective date of this amendatory
11Act of the 102nd General Assembly. The training shall cover
12the 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
17hours of dementia training covering the subjects described in
18subsection (c).
19    (e) This Section is designed to address gaps in current
20dementia training requirements for Adult Protective Services
21officials and improve the quality of training. If laws or
22rules existing on the effective date of this amendatory Act of
23the 102nd General Assembly contain more rigorous training
24requirements for Adult Protective Service officials, those
25laws or rules shall apply. Where there is overlap between this
26Section and other laws and rules, the Department shall

 

 

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1interpret this Section to avoid duplication of requirements
2while ensuring that the minimum requirements set in this
3Section are met.
4    (f) The Department may adopt rules for the administration
5of this Section.
 
6
Article 65.

 
7    Section 65-1. Short title. This Article may be cited as
8the Behavioral Health Workforce Education Center of Illinois
9Act. References in this Article to "this Act" mean this
10Article.
 
11    Section 65-5. Findings. The General Assembly finds as
12follows:
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

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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
22Center of Illinois.
23    (a) The Behavioral Health Workforce Education Center of
24Illinois is created and shall be administered by a teaching,
25research, or both teaching and research public institution of

 

 

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1higher education in this State. Subject to appropriation, the
2Center shall be operational on or before July 1, 2022.
3    (b) The Behavioral Health Workforce Education Center of
4Illinois shall leverage workforce and behavioral health
5resources, including, but not limited to, State, federal, and
6foundation grant funding, federal Workforce Investment Act of
71998 programs, the National Health Service Corps and other
8nongraduate medical education physician workforce training
9programs, and existing behavioral health partnerships, and
10align with reforms in Illinois.
 
11    Section 65-15. Structure.
12    (a) The Behavioral Health Workforce Education Center of
13Illinois shall be structured as a multisite model, and the
14administering public institution of higher education shall
15serve as the hub institution, complemented by secondary
16regional hubs, namely academic institutions, that serve rural
17and small urban areas and at least one academic institution
18serving a densely urban municipality with more than 1,000,000
19inhabitants.
20    (b) The Behavioral Health Workforce Education Center of
21Illinois shall be located within one academic institution and
22shall be tasked with a convening and coordinating role for
23workforce research and planning, including monitoring progress
24toward Center goals.
25    (c) The Behavioral Health Workforce Education Center of

 

 

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1Illinois shall also coordinate with key State agencies
2involved in behavioral health, workforce development, and
3higher education in order to leverage disparate resources from
4health care, workforce, and economic development programs in
5Illinois government.
 
6    Section 65-20. Duties. The Behavioral Health Workforce
7Education Center of Illinois shall perform the following
8duties:
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

 

 

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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

 

 

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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,

 

 

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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
21Act, the Board of Higher Education shall select a public
22institution of higher education, with input and assistance
23from the Division of Mental Health of the Department of Human
24Services, to administer the Behavioral Health Workforce
25Education Center of Illinois.

 

 

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1    (b) The selection process shall articulate the principles
2of the Behavioral Health Workforce Education Center of
3Illinois, not inconsistent with this Act.
4    (c) The Board of Higher Education, with input and
5assistance from the Division of Mental Health of the
6Department of Human Services, shall make its selection of a
7public institution of higher education based on its ability
8and 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

 

 

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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
9may 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
13Section 3-10 as follows:
 
14    (35 ILCS 105/3-10)
15    Sec. 3-10. Rate of tax. Unless otherwise provided in this
16Section, the tax imposed by this Act is at the rate of 6.25% of
17either the selling price or the fair market value, if any, of
18the tangible personal property. In all cases where property
19functionally used or consumed is the same as the property that
20was purchased at retail, then the tax is imposed on the selling
21price of the property. In all cases where property
22functionally used or consumed is a by-product or waste product

 

 

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1that has been refined, manufactured, or produced from property
2purchased at retail, then the tax is imposed on the lower of
3the fair market value, if any, of the specific property so used
4in this State or on the selling price of the property purchased
5at retail. For purposes of this Section "fair market value"
6means the price at which property would change hands between a
7willing buyer and a willing seller, neither being under any
8compulsion to buy or sell and both having reasonable knowledge
9of the relevant facts. The fair market value shall be
10established by Illinois sales by the taxpayer of the same
11property as that functionally used or consumed, or if there
12are no such sales by the taxpayer, then comparable sales or
13purchases of property of like kind and character in Illinois.
14    Beginning on July 1, 2000 and through December 31, 2000,
15with respect to motor fuel, as defined in Section 1.1 of the
16Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
17the Use Tax Act, the tax is imposed at the rate of 1.25%.
18    Beginning on August 6, 2010 through August 15, 2010, with
19respect to sales tax holiday items as defined in Section 3-6 of
20this Act, the tax is imposed at the rate of 1.25%.
21    With respect to gasohol, the tax imposed by this Act
22applies to (i) 70% of the proceeds of sales made on or after
23January 1, 1990, and before July 1, 2003, (ii) 80% of the
24proceeds of sales made on or after July 1, 2003 and on or
25before July 1, 2017, and (iii) 100% of the proceeds of sales
26made thereafter. If, at any time, however, the tax under this

 

 

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1Act on sales of gasohol is imposed at the rate of 1.25%, then
2the tax imposed by this Act applies to 100% of the proceeds of
3sales of gasohol made during that time.
4    With respect to majority blended ethanol fuel, the tax
5imposed by this Act does not apply to the proceeds of sales
6made on or after July 1, 2003 and on or before December 31,
72023 but applies to 100% of the proceeds of sales made
8thereafter.
9    With respect to biodiesel blends with no less than 1% and
10no more than 10% biodiesel, the tax imposed by this Act applies
11to (i) 80% of the proceeds of sales made on or after July 1,
122003 and on or before December 31, 2018 and (ii) 100% of the
13proceeds of sales made thereafter. If, at any time, however,
14the tax under this Act on sales of biodiesel blends with no
15less than 1% and no more than 10% biodiesel is imposed at the
16rate of 1.25%, then the tax imposed by this Act applies to 100%
17of the proceeds of sales of biodiesel blends with no less than
181% and no more than 10% biodiesel made during that time.
19    With respect to 100% biodiesel and biodiesel blends with
20more than 10% but no more than 99% biodiesel, the tax imposed
21by this Act does not apply to the proceeds of sales made on or
22after July 1, 2003 and on or before December 31, 2023 but
23applies to 100% of the proceeds of sales made thereafter.
24    With respect to food for human consumption that is to be
25consumed off the premises where it is sold (other than
26alcoholic beverages, food consisting of or infused with adult

 

 

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1use cannabis, soft drinks, and food that has been prepared for
2immediate consumption) and prescription and nonprescription
3medicines, drugs, medical appliances, products classified as
4Class III medical devices by the United States Food and Drug
5Administration that are used for cancer treatment pursuant to
6a prescription, as well as any accessories and components
7related to those devices, modifications to a motor vehicle for
8the purpose of rendering it usable by a person with a
9disability, and insulin, blood sugar urine testing materials,
10syringes, and needles used by human diabetics, for human use,
11the tax is imposed at the rate of 1%. For the purposes of this
12Section, until September 1, 2009: the term "soft drinks" means
13any complete, finished, ready-to-use, non-alcoholic drink,
14whether carbonated or not, including but not limited to soda
15water, cola, fruit juice, vegetable juice, carbonated water,
16and all other preparations commonly known as soft drinks of
17whatever kind or description that are contained in any closed
18or sealed bottle, can, carton, or container, regardless of
19size; but "soft drinks" does not include coffee, tea,
20non-carbonated water, infant formula, milk or milk products as
21defined in the Grade A Pasteurized Milk and Milk Products Act,
22or drinks containing 50% or more natural fruit or vegetable
23juice.
24    Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "soft drinks" means non-alcoholic
26beverages that contain natural or artificial sweeteners. "Soft

 

 

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

 

 

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1drugs" does not include grooming and hygiene products. For
2purposes of this Section, "grooming and hygiene products"
3includes, but is not limited to, soaps and cleaning solutions,
4shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
5lotions and screens, unless those products are available by
6prescription only, regardless of whether the products meet the
7definition of "over-the-counter-drugs". For the purposes of
8this paragraph, "over-the-counter-drug" means a drug for human
9use that contains a label that identifies the product as a drug
10as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
11label 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
17the 98th General Assembly, "prescription and nonprescription
18medicines and drugs" includes medical cannabis purchased from
19a registered dispensing organization under the Compassionate
20Use of Medical Cannabis Program Act.
21    As used in this Section, "adult use cannabis" means
22cannabis subject to tax under the Cannabis Cultivation
23Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
24and does not include cannabis subject to tax under the
25Compassionate Use of Medical Cannabis Program Act.
26    If the property that is purchased at retail from a

 

 

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1retailer is acquired outside Illinois and used outside
2Illinois before being brought to Illinois for use here and is
3taxable under this Act, the "selling price" on which the tax is
4computed shall be reduced by an amount that represents a
5reasonable allowance for depreciation for the period of prior
6out-of-state use.
7(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
8101-593, eff. 12-4-19.)
 
9    Section 70-10. The Service Use Tax Act is amended by
10changing 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
13Section, the tax imposed by this Act is at the rate of 6.25% of
14the selling price of tangible personal property transferred as
15an incident to the sale of service, but, for the purpose of
16computing this tax, in no event shall the selling price be less
17than the cost price of the property to the serviceman.
18    Beginning on July 1, 2000 and through December 31, 2000,
19with respect to motor fuel, as defined in Section 1.1 of the
20Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
21the 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
23tax imposed by this Act applies to (i) 70% of the selling price
24of property transferred as an incident to the sale of service

 

 

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1on or after January 1, 1990, and before July 1, 2003, (ii) 80%
2of the selling price of property transferred as an incident to
3the sale of service on or after July 1, 2003 and on or before
4July 1, 2017, and (iii) 100% of the selling price thereafter.
5If, at any time, however, the tax under this Act on sales of
6gasohol, as defined in the Use Tax Act, is imposed at the rate
7of 1.25%, then the tax imposed by this Act applies to 100% of
8the proceeds of sales of gasohol made during that time.
9    With respect to majority blended ethanol fuel, as defined
10in the Use Tax Act, the tax imposed by this Act does not apply
11to the selling price of property transferred as an incident to
12the sale of service on or after July 1, 2003 and on or before
13December 31, 2023 but applies to 100% of the selling price
14thereafter.
15    With respect to biodiesel blends, as defined in the Use
16Tax Act, with no less than 1% and no more than 10% biodiesel,
17the tax imposed by this Act applies to (i) 80% of the selling
18price of property transferred as an incident to the sale of
19service on or after July 1, 2003 and on or before December 31,
202018 and (ii) 100% of the proceeds of the selling price
21thereafter. If, at any time, however, the tax under this Act on
22sales of biodiesel blends, as defined in the Use Tax Act, with
23no less than 1% and no more than 10% biodiesel is imposed at
24the rate of 1.25%, then the tax imposed by this Act applies to
25100% of the proceeds of sales of biodiesel blends with no less
26than 1% and no more than 10% biodiesel made during that time.

 

 

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1    With respect to 100% biodiesel, as defined in the Use Tax
2Act, and biodiesel blends, as defined in the Use Tax Act, with
3more than 10% but no more than 99% biodiesel, the tax imposed
4by this Act does not apply to the proceeds of the selling price
5of property transferred as an incident to the sale of service
6on or after July 1, 2003 and on or before December 31, 2023 but
7applies to 100% of the selling price thereafter.
8    At the election of any registered serviceman made for each
9fiscal year, sales of service in which the aggregate annual
10cost price of tangible personal property transferred as an
11incident to the sales of service is less than 35%, or 75% in
12the case of servicemen transferring prescription drugs or
13servicemen engaged in graphic arts production, of the
14aggregate annual total gross receipts from all sales of
15service, the tax imposed by this Act shall be based on the
16serviceman's cost price of the tangible personal property
17transferred as an incident to the sale of those services.
18    The tax shall be imposed at the rate of 1% on food prepared
19for immediate consumption and transferred incident to a sale
20of service subject to this Act or the Service Occupation Tax
21Act by an entity licensed under the Hospital Licensing Act,
22the Nursing Home Care Act, the ID/DD Community Care Act, the
23MC/DD Act, the Specialized Mental Health Rehabilitation Act of
242013, or the Child Care Act of 1969. The tax shall also be
25imposed at the rate of 1% on food for human consumption that is
26to be consumed off the premises where it is sold (other than

 

 

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1alcoholic beverages, food consisting of or infused with adult
2use cannabis, soft drinks, and food that has been prepared for
3immediate consumption and is not otherwise included in this
4paragraph) and prescription and nonprescription medicines,
5drugs, medical appliances, products classified as Class III
6medical devices by the United States Food and Drug
7Administration that are used for cancer treatment pursuant to
8a prescription, as well as any accessories and components
9related to those devices, modifications to a motor vehicle for
10the purpose of rendering it usable by a person with a
11disability, and insulin, blood sugar urine testing materials,
12syringes, and needles used by human diabetics, for human use.
13For the purposes of this Section, until September 1, 2009: the
14term "soft drinks" means any complete, finished, ready-to-use,
15non-alcoholic drink, whether carbonated or not, including but
16not limited to soda water, cola, fruit juice, vegetable juice,
17carbonated water, and all other preparations commonly known as
18soft drinks of whatever kind or description that are contained
19in any closed or sealed bottle, can, carton, or container,
20regardless of size; but "soft drinks" does not include coffee,
21tea, non-carbonated water, infant formula, milk or milk
22products as defined in the Grade A Pasteurized Milk and Milk
23Products Act, or drinks containing 50% or more natural fruit
24or vegetable juice.
25    Notwithstanding any other provisions of this Act,
26beginning September 1, 2009, "soft drinks" means non-alcoholic

 

 

HB0158 Enrolled- 87 -LRB102 10244 CPF 15570 b

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

 

 

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1beginning September 1, 2009, "nonprescription medicines and
2drugs" does not include grooming and hygiene products. For
3purposes of this Section, "grooming and hygiene products"
4includes, but is not limited to, soaps and cleaning solutions,
5shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
6lotions and screens, unless those products are available by
7prescription only, regardless of whether the products meet the
8definition of "over-the-counter-drugs". For the purposes of
9this paragraph, "over-the-counter-drug" means a drug for human
10use that contains a label that identifies the product as a drug
11as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
12label 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
18Act 98-122), "prescription and nonprescription medicines and
19drugs" includes medical cannabis purchased from a registered
20dispensing organization under the Compassionate Use of Medical
21Cannabis Program Act.
22    As used in this Section, "adult use cannabis" means
23cannabis subject to tax under the Cannabis Cultivation
24Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
25and does not include cannabis subject to tax under the
26Compassionate Use of Medical Cannabis Program Act.

 

 

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1    If the property that is acquired from a serviceman is
2acquired outside Illinois and used outside Illinois before
3being brought to Illinois for use here and is taxable under
4this Act, the "selling price" on which the tax is computed
5shall be reduced by an amount that represents a reasonable
6allowance for depreciation for the period of prior
7out-of-state use.
8(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
9101-593, eff. 12-4-19.)
 
10    Section 70-15. The Service Occupation Tax Act is amended
11by 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
14Section, the tax imposed by this Act is at the rate of 6.25% of
15the "selling price", as defined in Section 2 of the Service Use
16Tax Act, of the tangible personal property. For the purpose of
17computing this tax, in no event shall the "selling price" be
18less than the cost price to the serviceman of the tangible
19personal property transferred. The selling price of each item
20of tangible personal property transferred as an incident of a
21sale of service may be shown as a distinct and separate item on
22the serviceman's billing to the service customer. If the
23selling price is not so shown, the selling price of the
24tangible personal property is deemed to be 50% of the

 

 

HB0158 Enrolled- 90 -LRB102 10244 CPF 15570 b

1serviceman's entire billing to the service customer. When,
2however, a serviceman contracts to design, develop, and
3produce special order machinery or equipment, the tax imposed
4by this Act shall be based on the serviceman's cost price of
5the tangible personal property transferred incident to the
6completion of the contract.
7    Beginning on July 1, 2000 and through December 31, 2000,
8with respect to motor fuel, as defined in Section 1.1 of the
9Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
10the 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
12tax imposed by this Act shall apply to (i) 70% of the cost
13price of property transferred as an incident to the sale of
14service on or after January 1, 1990, and before July 1, 2003,
15(ii) 80% of the selling price of property transferred as an
16incident to the sale of service on or after July 1, 2003 and on
17or before July 1, 2017, and (iii) 100% of the cost price
18thereafter. If, at any time, however, the tax under this Act on
19sales of gasohol, as defined in the Use Tax Act, is imposed at
20the rate of 1.25%, then the tax imposed by this Act applies to
21100% of the proceeds of sales of gasohol made during that time.
22    With respect to majority blended ethanol fuel, as defined
23in the Use Tax Act, the tax imposed by this Act does not apply
24to the selling price of property transferred as an incident to
25the sale of service on or after July 1, 2003 and on or before
26December 31, 2023 but applies to 100% of the selling price

 

 

HB0158 Enrolled- 91 -LRB102 10244 CPF 15570 b

1thereafter.
2    With respect to biodiesel blends, as defined in the Use
3Tax Act, with no less than 1% and no more than 10% biodiesel,
4the tax imposed by this Act applies to (i) 80% of the selling
5price of property transferred as an incident to the sale of
6service on or after July 1, 2003 and on or before December 31,
72018 and (ii) 100% of the proceeds of the selling price
8thereafter. If, at any time, however, the tax under this Act on
9sales of biodiesel blends, as defined in the Use Tax Act, with
10no less than 1% and no more than 10% biodiesel is imposed at
11the rate of 1.25%, then the tax imposed by this Act applies to
12100% of the proceeds of sales of biodiesel blends with no less
13than 1% and no more than 10% biodiesel made during that time.
14    With respect to 100% biodiesel, as defined in the Use Tax
15Act, and biodiesel blends, as defined in the Use Tax Act, with
16more than 10% but no more than 99% biodiesel material, the tax
17imposed by this Act does not apply to the proceeds of the
18selling price of property transferred as an incident to the
19sale of service on or after July 1, 2003 and on or before
20December 31, 2023 but applies to 100% of the selling price
21thereafter.
22    At the election of any registered serviceman made for each
23fiscal year, sales of service in which the aggregate annual
24cost price of tangible personal property transferred as an
25incident to the sales of service is less than 35%, or 75% in
26the case of servicemen transferring prescription drugs or

 

 

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1servicemen engaged in graphic arts production, of the
2aggregate annual total gross receipts from all sales of
3service, the tax imposed by this Act shall be based on the
4serviceman's cost price of the tangible personal property
5transferred incident to the sale of those services.
6    The tax shall be imposed at the rate of 1% on food prepared
7for immediate consumption and transferred incident to a sale
8of service subject to this Act or the Service Occupation Tax
9Act by an entity licensed under the Hospital Licensing Act,
10the Nursing Home Care Act, the ID/DD Community Care Act, the
11MC/DD Act, the Specialized Mental Health Rehabilitation Act of
122013, or the Child Care Act of 1969. The tax shall also be
13imposed at the rate of 1% on food for human consumption that is
14to be consumed off the premises where it is sold (other than
15alcoholic beverages, food consisting of or infused with adult
16use cannabis, soft drinks, and food that has been prepared for
17immediate consumption and is not otherwise included in this
18paragraph) and prescription and nonprescription medicines,
19drugs, medical appliances, products classified as Class III
20medical devices by the United States Food and Drug
21Administration that are used for cancer treatment pursuant to
22a prescription, as well as any accessories and components
23related to those devices, modifications to a motor vehicle for
24the purpose of rendering it usable by a person with a
25disability, and insulin, blood sugar urine testing materials,
26syringes, and needles used by human diabetics, for human use.

 

 

HB0158 Enrolled- 93 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 94 -LRB102 10244 CPF 15570 b

1off the premises where it is sold" includes all food sold
2through a vending machine, except soft drinks, candy, and food
3products that are dispensed hot from a vending machine,
4regardless of the location of the vending machine.
5    Notwithstanding any other provisions of this Act,
6beginning September 1, 2009, "food for human consumption that
7is to be consumed off the premises where it is sold" does not
8include candy. For purposes of this Section, "candy" means a
9preparation of sugar, honey, or other natural or artificial
10sweeteners in combination with chocolate, fruits, nuts or
11other ingredients or flavorings in the form of bars, drops, or
12pieces. "Candy" does not include any preparation that contains
13flour or requires refrigeration.
14    Notwithstanding any other provisions of this Act,
15beginning September 1, 2009, "nonprescription medicines and
16drugs" does not include grooming and hygiene products. For
17purposes of this Section, "grooming and hygiene products"
18includes, but is not limited to, soaps and cleaning solutions,
19shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
20lotions and screens, unless those products are available by
21prescription only, regardless of whether the products meet the
22definition of "over-the-counter-drugs". For the purposes of
23this paragraph, "over-the-counter-drug" means a drug for human
24use that contains a label that identifies the product as a drug
25as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
26label includes:

 

 

HB0158 Enrolled- 95 -LRB102 10244 CPF 15570 b

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
6Act 98-122), "prescription and nonprescription medicines and
7drugs" includes medical cannabis purchased from a registered
8dispensing organization under the Compassionate Use of Medical
9Cannabis Program Act.
10    As used in this Section, "adult use cannabis" means
11cannabis subject to tax under the Cannabis Cultivation
12Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
13and does not include cannabis subject to tax under the
14Compassionate Use of Medical Cannabis Program Act.
15(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
16101-593, eff. 12-4-19.)
 
17    Section 70-20. The Retailers' Occupation Tax Act is
18amended 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
21Section, the tax imposed by this Act is at the rate of 6.25% of
22gross receipts from sales of tangible personal property made
23in the course of business.
24    Beginning on July 1, 2000 and through December 31, 2000,

 

 

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1with respect to motor fuel, as defined in Section 1.1 of the
2Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
3the Use Tax Act, the tax is imposed at the rate of 1.25%.
4    Beginning on August 6, 2010 through August 15, 2010, with
5respect to sales tax holiday items as defined in Section 2-8 of
6this Act, the tax is imposed at the rate of 1.25%.
7    Within 14 days after the effective date of this amendatory
8Act of the 91st General Assembly, each retailer of motor fuel
9and gasohol shall cause the following notice to be posted in a
10prominently visible place on each retail dispensing device
11that is used to dispense motor fuel or gasohol in the State of
12Illinois: "As of July 1, 2000, the State of Illinois has
13eliminated the State's share of sales tax on motor fuel and
14gasohol through December 31, 2000. The price on this pump
15should reflect the elimination of the tax." The notice shall
16be printed in bold print on a sign that is no smaller than 4
17inches by 8 inches. The sign shall be clearly visible to
18customers. Any retailer who fails to post or maintain a
19required sign through December 31, 2000 is guilty of a petty
20offense for which the fine shall be $500 per day per each
21retail premises where a violation occurs.
22    With respect to gasohol, as defined in the Use Tax Act, the
23tax imposed by this Act applies to (i) 70% of the proceeds of
24sales made on or after January 1, 1990, and before July 1,
252003, (ii) 80% of the proceeds of sales made on or after July
261, 2003 and on or before July 1, 2017, and (iii) 100% of the

 

 

HB0158 Enrolled- 97 -LRB102 10244 CPF 15570 b

1proceeds of sales made thereafter. If, at any time, however,
2the tax under this Act on sales of gasohol, as defined in the
3Use Tax Act, is imposed at the rate of 1.25%, then the tax
4imposed by this Act applies to 100% of the proceeds of sales of
5gasohol made during that time.
6    With respect to majority blended ethanol fuel, as defined
7in the Use Tax Act, the tax imposed by this Act does not apply
8to the proceeds of sales made on or after July 1, 2003 and on
9or before December 31, 2023 but applies to 100% of the proceeds
10of sales made thereafter.
11    With respect to biodiesel blends, as defined in the Use
12Tax Act, with no less than 1% and no more than 10% biodiesel,
13the tax imposed by this Act applies to (i) 80% of the proceeds
14of sales made on or after July 1, 2003 and on or before
15December 31, 2018 and (ii) 100% of the proceeds of sales made
16thereafter. If, at any time, however, the tax under this Act on
17sales of biodiesel blends, as defined in the Use Tax Act, with
18no less than 1% and no more than 10% biodiesel is imposed at
19the rate of 1.25%, then the tax imposed by this Act applies to
20100% of the proceeds of sales of biodiesel blends with no less
21than 1% and no more than 10% biodiesel made during that time.
22    With respect to 100% biodiesel, as defined in the Use Tax
23Act, and biodiesel blends, as defined in the Use Tax Act, with
24more than 10% but no more than 99% biodiesel, the tax imposed
25by this Act does not apply to the proceeds of sales made on or
26after July 1, 2003 and on or before December 31, 2023 but

 

 

HB0158 Enrolled- 98 -LRB102 10244 CPF 15570 b

1applies to 100% of the proceeds of sales made thereafter.
2    With respect to food for human consumption that is to be
3consumed off the premises where it is sold (other than
4alcoholic beverages, food consisting of or infused with adult
5use cannabis, soft drinks, and food that has been prepared for
6immediate consumption) and prescription and nonprescription
7medicines, drugs, medical appliances, products classified as
8Class III medical devices by the United States Food and Drug
9Administration that are used for cancer treatment pursuant to
10a prescription, as well as any accessories and components
11related to those devices, modifications to a motor vehicle for
12the purpose of rendering it usable by a person with a
13disability, and insulin, blood sugar urine testing materials,
14syringes, and needles used by human diabetics, for human use,
15the tax is imposed at the rate of 1%. For the purposes of this
16Section, until September 1, 2009: the term "soft drinks" means
17any complete, finished, ready-to-use, non-alcoholic drink,
18whether carbonated or not, including but not limited to soda
19water, cola, fruit juice, vegetable juice, carbonated water,
20and all other preparations commonly known as soft drinks of
21whatever kind or description that are contained in any closed
22or sealed bottle, can, carton, or container, regardless of
23size; but "soft drinks" does not include coffee, tea,
24non-carbonated water, infant formula, milk or milk products as
25defined in the Grade A Pasteurized Milk and Milk Products Act,
26or drinks containing 50% or more natural fruit or vegetable

 

 

HB0158 Enrolled- 99 -LRB102 10244 CPF 15570 b

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

 

 

HB0158 Enrolled- 100 -LRB102 10244 CPF 15570 b

1pieces. "Candy" does not include any preparation that contains
2flour or requires refrigeration.
3    Notwithstanding any other provisions of this Act,
4beginning September 1, 2009, "nonprescription medicines and
5drugs" does not include grooming and hygiene products. For
6purposes of this Section, "grooming and hygiene products"
7includes, but is not limited to, soaps and cleaning solutions,
8shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
9lotions and screens, unless those products are available by
10prescription only, regardless of whether the products meet the
11definition of "over-the-counter-drugs". For the purposes of
12this paragraph, "over-the-counter-drug" means a drug for human
13use that contains a label that identifies the product as a drug
14as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
15label 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
21the 98th General Assembly, "prescription and nonprescription
22medicines and drugs" includes medical cannabis purchased from
23a registered dispensing organization under the Compassionate
24Use of Medical Cannabis Program Act.
25    As used in this Section, "adult use cannabis" means
26cannabis subject to tax under the Cannabis Cultivation

 

 

HB0158 Enrolled- 101 -LRB102 10244 CPF 15570 b

1Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
2and does not include cannabis subject to tax under the
3Compassionate Use of Medical Cannabis Program Act.
4(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
5101-593, eff. 12-4-19.)
 
6
Article 72.

 
7    Section 72-1. Short title. This Article may be cited as
8the Underlying Causes of Crime and Violence Study Act.
 
9    Section 72-5. Legislative findings. In the State of
10Illinois, two-thirds of gun violence is related to suicide,
11and one-third is related to homicide, claiming approximately
1212,000 lives a year. Violence has plagued communities,
13predominantly poor and distressed communities in urban
14settings, which have always treated violence as a criminal
15justice issue, instead of a public health issue. On February
1621, 2018, Pastor Anthony Williams was informed that his son,
17Nehemiah William, had been shot to death. Due to this
18disheartening event, Pastor Anthony Williams reached out to
19State Representative Elizabeth "Lisa" Hernandez, urging that
20the issue of violence be treated as a public health crisis. In
212018, elected officials from all levels of government started
22a coalition to address violence as a public health crisis,
23with the assistance of faith-based organizations, advocates,

 

 

HB0158 Enrolled- 102 -LRB102 10244 CPF 15570 b

1and community members and held a statewide listening tour from
2August 2018 to April 2019. The listening tour consisted of
3stops on the South Side and West Side of Chicago, Maywood,
4Springfield, and East St. Louis, with a future scheduled visit
5in Danville. During the statewide listening sessions,
6community members actively discussed neighborhood safety,
7defining violence and how and why violence occurs in their
8communities. The listening sessions provided different
9solutions to address violence, however, all sessions confirmed
10a disconnect from the priorities of government and the needs
11of these communities.
 
12    Section 72-10. Study. The Department of Public Health and
13the Department of Human Services shall study how to create a
14process to identify high violence communities, also known as
15R3 (Restore, Reinvest, and Renew) areas, and prioritize State
16dollars to go to these communities to fund programs as well as
17community and economic development projects that would address
18the underlying causes of crime and violence.
19    Due to a variety of reasons, including in particular the
20State's budget impasse, funds from multiple sources to
21establish such a comprehensive policy are subject to
22appropriation. Private philanthropic efforts will also be
23considered. Policies like R3 are needed in order to provide
24communities that have historically suffered from divestment,
25poverty, and incarceration with smart solutions that can solve

 

 

HB0158 Enrolled- 103 -LRB102 10244 CPF 15570 b

1the plague of structural violence that includes collective,
2interpersonal, and self-directed violence. Understanding
3structural violence helps explain the multiple and often
4intersecting forces that create and perpetuate these
5conditions on multiple levels. It is clear that violence is a
6public health problem that needs to be treated as such.
7Research has shown that when violence is treated in such a way
8that educates, fosters collaboration, and redirects the
9funding on a governmental level, its effects can be slowed or
10even halted, resulting in civility being brought to our
11communities in the State of Illinois. Research has shown that
12when violence is treated in such a way, then its effects can be
13slowed or even halted.
 
14    Section 72-15. Report. The Department of Public Health
15and the Department of Human Services are required to report
16their findings to the General Assembly by December 31, 2021.
 
17
Article 80.

 
18    Section 80-5. The Employee Sick Leave Act is amended by
19changing 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,

 

 

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1stepchild, spouse, domestic partner, sibling, parent,
2mother-in-law, father-in-law, grandchild, grandparent, or
3stepparent.
4    "Department" means the Department of Labor.
5    "Personal care" means activities to ensure that a covered
6family member's basic medical, hygiene, nutritional, or safety
7needs are met, or to provide transportation to medical
8appointments, for a covered family member who is unable to
9meet those needs himself or herself. "Personal care" also
10means being physically present to provide emotional support to
11a covered family member with a serious health condition who is
12receiving inpatient or home care.
13    "Personal sick leave benefits" means any paid or unpaid
14time available to an employee as provided through an
15employment benefit plan or paid time off policy to be used as a
16result of absence from work due to personal illness, injury,
17or medical appointment, or for personal care of a covered
18family member. An employment benefit plan or paid time off
19policy does not include long term disability, short term
20disability, an insurance policy, or other comparable benefit
21plan 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

 

 

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1provided by the employer for absences due to an illness,
2injury, or medical appointment of the employee's child,
3stepchild, spouse, domestic partner, sibling, parent,
4mother-in-law, father-in-law, grandchild, grandparent, or
5stepparent, or for personal care of a covered family member on
6the same terms upon which the employee is able to use personal
7sick leave benefits for the employee's own illness or injury.
8An employer may request written verification of the employee's
9absence from a health care professional if such verification
10is required under the employer's employment benefit plan or
11paid time off policy.
12    (b) An employer may limit the use of personal sick leave
13benefits provided by the employer for absences due to an
14illness, injury, or medical appointment, or personal care of
15the employee's covered family member of the employee's child,
16stepchild, spouse, domestic partner, sibling, parent,
17mother-in-law, father-in-law, grandchild, grandparent, or
18stepparent to an amount not less than the personal sick leave
19that would be earned or accrued during 6 months at the
20employee's then current rate of entitlement. For employers who
21base personal sick leave benefits on an employee's years of
22service instead of annual or monthly accrual, such employer
23may limit the amount of sick leave to be used under this Act to
24half of the employee's maximum annual grant.
25    (c) An employer who provides personal sick leave benefits
26or a paid time off policy that would otherwise provide

 

 

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1benefits as required under subsections (a) and (b) shall not
2be 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
6adding 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
9shall develop a policy for testing its water supply for
10Legionella bacteria. The policy shall include the frequency
11with which testing is conducted. The policy and the results of
12any tests shall be made available to the Department upon
13request.
 
14    Section 90-10. The Hospital Licensing Act is amended by
15adding Section 6.29 as follows:
 
16    (210 ILCS 85/6.29 new)
17    Sec. 6.29. Testing for Legionella bacteria. A hospital
18shall develop a policy for testing its water supply for
19Legionella bacteria. The policy shall include the frequency
20with which testing is conducted. The policy and the results of
21any tests shall be made available to the Department upon

 

 

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1request.
 
2
Article 95.

 
3    Section 95-5. The Child Care Act of 1969 is amended by
4changing Section 7 as follows:
 
5    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
6    Sec. 7. (a) The Department must prescribe and publish
7minimum standards for licensing that apply to the various
8types of facilities for child care defined in this Act and that
9are equally applicable to like institutions under the control
10of the Department and to foster family homes used by and under
11the direct supervision of the Department. The Department shall
12seek the advice and assistance of persons representative of
13the various types of child care facilities in establishing
14such standards. The standards prescribed and published under
15this Act take effect as provided in the Illinois
16Administrative Procedure Act, and are restricted to
17regulations pertaining to the following matters and to any
18rules and regulations required or permitted by any other
19Section 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

 

 

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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;

 

 

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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;

 

 

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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

 

 

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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,
5licensed group day care home providers, and licensed day care
6center directors and classroom staff shall participate in at
7least one training that includes the topics of early childhood
8social emotional learning, infant and early childhood mental
9health, early childhood trauma, or adverse childhood
10experiences. Current licensed providers, directors, and
11classroom staff shall complete training by July 1, 2022 and
12shall participate in training that includes the above topics
13at least once every 3 years.
14    (b) If, in a facility for general child care, there are
15children diagnosed as mentally ill or children diagnosed as
16having an intellectual or physical disability, who are
17determined to be in need of special mental treatment or of
18nursing care, or both mental treatment and nursing care, the
19Department shall seek the advice and recommendation of the
20Department of Human Services, the Department of Public Health,
21or both Departments regarding the residential treatment and
22nursing care provided by the institution.
23    (c) The Department shall investigate any person applying
24to be licensed as a foster parent to determine whether there is
25any evidence of current drug or alcohol abuse in the
26prospective foster family. The Department shall not license a

 

 

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1person as a foster parent if drug or alcohol abuse has been
2identified in the foster family or if a reasonable suspicion
3of such abuse exists, except that the Department may grant a
4foster parent license to an applicant identified with an
5alcohol or drug problem if the applicant has successfully
6participated in an alcohol or drug treatment program,
7self-help group, or other suitable activities and if the
8Department determines that the foster family home can provide
9a safe, appropriate environment and meet the physical and
10emotional needs of children.
11    (d) The Department, in applying standards prescribed and
12published, as herein provided, shall offer consultation
13through employed staff or other qualified persons to assist
14applicants and licensees in meeting and maintaining minimum
15requirements for a license and to help them otherwise to
16achieve programs of excellence related to the care of children
17served. Such consultation shall include providing information
18concerning education and training in early childhood
19development to providers of day care home services. The
20Department may provide or arrange for such education and
21training for those providers who request such assistance.
22    (e) The Department shall distribute copies of licensing
23standards to all licensees and applicants for a license. Each
24licensee or holder of a permit shall distribute copies of the
25appropriate licensing standards and any other information
26required by the Department to child care facilities under its

 

 

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1supervision. Each licensee or holder of a permit shall
2maintain appropriate documentation of the distribution of the
3standards. Such documentation shall be part of the records of
4the facility and subject to inspection by authorized
5representatives of the Department.
6    (f) The Department shall prepare summaries of day care
7licensing standards. Each licensee or holder of a permit for a
8day care facility shall distribute a copy of the appropriate
9summary and any other information required by the Department,
10to the legal guardian of each child cared for in that facility
11at the time when the child is enrolled or initially placed in
12the facility. The licensee or holder of a permit for a day care
13facility shall secure appropriate documentation of the
14distribution of the summary and brochure. Such documentation
15shall be a part of the records of the facility and subject to
16inspection by an authorized representative of the Department.
17    (g) The Department shall distribute to each licensee and
18holder of a permit copies of the licensing or permit standards
19applicable to such person's facility. Each licensee or holder
20of a permit shall make available by posting at all times in a
21common or otherwise accessible area a complete and current set
22of licensing standards in order that all employees of the
23facility may have unrestricted access to such standards. All
24employees of the facility shall have reviewed the standards
25and any subsequent changes. Each licensee or holder of a
26permit shall maintain appropriate documentation of the current

 

 

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1review of licensing standards by all employees. Such records
2shall be part of the records of the facility and subject to
3inspection by authorized representatives of the Department.
4    (h) Any standards involving physical examinations,
5immunization, or medical treatment shall include appropriate
6exemptions for children whose parents object thereto on the
7grounds that they conflict with the tenets and practices of a
8recognized church or religious organization, of which the
9parent is an adherent or member, and for children who should
10not be subjected to immunization for clinical reasons.
11    (i) The Department, in cooperation with the Department of
12Public Health, shall work to increase immunization awareness
13and participation among parents of children enrolled in day
14care centers and day care homes by publishing on the
15Department's website information about the benefits of
16immunization against vaccine preventable diseases, including
17influenza and pertussis. The information for vaccine
18preventable diseases shall include the incidence and severity
19of the diseases, the availability of vaccines, and the
20importance of immunizing children and persons who frequently
21have close contact with children. The website content shall be
22reviewed annually in collaboration with the Department of
23Public Health to reflect the most current recommendations of
24the Advisory Committee on Immunization Practices (ACIP). The
25Department shall work with day care centers and day care homes
26licensed under this Act to ensure that the information is

 

 

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1annually distributed to parents in August or September.
2    (j) Any standard adopted by the Department that requires
3an applicant for a license to operate a day care home to
4include a copy of a high school diploma or equivalent
5certificate with his or her application shall be deemed to be
6satisfied if the applicant includes a copy of a high school
7diploma or equivalent certificate or a copy of a degree from an
8accredited institution of higher education or vocational
9institution or equivalent certificate.
10(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
11100-201, eff. 8-18-17.)
 
12
Article 100.

 
13    Section 100-1. Short title. This Article may be cited as
14the Special Commission on Gynecologic Cancers Act.
 
15    Section 100-5. Creation; members; duties; report.    
16    (a) The Special Commission on Gynecologic Cancers is
17created. 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:

 

 

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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

 

 

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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
12compensation or reimbursement from the Commission. Members
13shall select a Chair from among themselves and the Chair shall
14set the meeting schedule.
15    (c) The Illinois Department of Public Health shall provide
16administrative support to the Commission.
17    (d) The Commission is charged with the study of the
18following:
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

 

 

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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
11General Assembly no later than December 31, 2021 and, upon the
12filing of its report, is dissolved.
 
13    Section 100-90. Repeal. This Article is repealed on
14January 1, 2023.
 
15
Article 105.

 
16    Section 105-5. The Illinois Public Aid Code is amended by
17changing 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
21and after July 1, 2020.
22    (a) To preserve and improve access to hospital services,

 

 

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

 

 

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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

 

 

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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
11hospital shall receive an annual payment equal to the amounts
12below, to be paid in 12 equal installments on or before the
13seventh State business day of each month, except that no
14payment shall be due within 30 days after the later of the date
15of notification of federal approval of the payment
16methodologies required under this Section or any waiver
17required under 42 CFR 433.68, at which time the sum of amounts
18required under this Section prior to the date of notification
19is 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

 

 

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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

 

 

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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
13organizations (MCOs) to make directed payments and
14pass-through payments according to this Section. Each calendar
15year, the Department shall require MCOs to pay the maximum
16amount out of these funds as allowed as pass-through payments
17under federal regulations. The Department shall require MCOs
18to make such pass-through payments as specified in this
19Section. The Department shall require the MCOs to pay the
20remaining amounts as directed Payments as specified in this
21Section. The Department shall issue payments to the
22Comptroller by the seventh business day of each month for all
23MCOs that are sufficient for MCOs to make the directed
24payments and pass-through payments according to this Section.
25The Department shall require the MCOs to make pass-through
26payments and directed payments using electronic funds

 

 

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1transfers (EFT), if the hospital provides the information
2necessary to process such EFTs, in accordance with directions
3provided monthly by the Department, within 7 business days of
4the 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
6the funds are paid by EFT and the MCOs have received directed
7payment instructions. If funds are not paid through the
8Comptroller by EFT, payment must be made within 7 business
9days of the date actually received by the MCO. The MCO will be
10considered to have paid the pass-through payments when the
11payment remittance number is generated or the date the MCO
12sends the check to the hospital, if EFT information is not
13supplied. If an MCO is late in paying a pass-through payment or
14directed payment as required under this Section (including any
15extensions granted by the Department), it shall pay a penalty,
16unless waived by the Department for reasonable cause, to the
17Department equal to 5% of the amount of the pass-through
18payment or directed payment not paid on or before the due date
19plus 5% of the portion thereof remaining unpaid on the last day
20of each 30-day period thereafter. Payments to MCOs that would
21be paid consistent with actuarial certification and enrollment
22in the absence of the increased capitation payments under this
23Section shall not be reduced as a consequence of payments made
24under this subsection. The Department shall publish and
25maintain on its website for a period of no less than 8 calendar
26quarters, the quarterly calculation of directed payments and

 

 

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1pass-through payments owed to each hospital from each MCO. All
2calculations and reports shall be posted no later than the
3first day of the quarter for which the payments are to be
4issued.
5    (f)(1) For purposes of allocating the funds included in
6capitation payments to MCOs, Illinois hospitals shall be
7divided into the following classes as defined in
8administrative 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

 

 

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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
13assessed prior to the beginning of each calendar year and the
14new class designation shall be effective January 1 of the next
15year. The Department shall publish by rule the process for
16establishing class determination.
17    (g) Fixed pool directed payments. Beginning July 1, 2020,
18the Department shall issue payments to MCOs which shall be
19used to issue directed payments to qualified Illinois
20safety-net hospitals and critical access hospitals on a
21monthly basis in accordance with this subsection. Prior to the
22beginning of each Payout Quarter beginning July 1, 2020, the
23Department shall use encounter claims data from the
24Determination Quarter, accepted by the Department's Medicaid
25Management Information System for inpatient and outpatient
26services rendered by safety-net hospitals and critical access

 

 

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1hospitals to determine a quarterly uniform per unit add-on for
2each 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

 

 

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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.

 

 

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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,
8the Department shall issue payments to MCOs which shall be
9used to issue directed payments to Illinois hospitals not
10identified in paragraph (g) on a monthly basis. Prior to the
11beginning of each Payout Quarter beginning July 1, 2020, the
12Department shall use encounter claims data from the
13Determination Quarter, accepted by the Department's Medicaid
14Management Information System for inpatient and outpatient
15services rendered by hospitals in each hospital class
16identified in paragraph (f) and not identified in paragraph
17(g). For the period July 1, 2020 through December 2020, the
18Department 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

 

 

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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

 

 

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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

 

 

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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

 

 

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1    Directed Payment amount as identified by the Department on
2    its quarterly determination report.
3    Notwithstanding any other provision of this subsection, if
4the Department determines that the actual total hospital
5utilization data that is used to calculate the fixed rate
6directed payments is substantially different than anticipated
7when the rates in this subsection were initially determined
8(for unforeseeable circumstances such as the COVID-19
9pandemic), the Department may adjust the rates specified in
10this subsection so that the total directed payments
11approximate the total spending amount anticipated when the
12rates 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.

 

 

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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
7payments shall be recalculated in order to spend the
8additional funds for directed payments that result from
9reduction in the amount of pass-through payments allowed under
10federal regulations. The additional funds for directed
11payments shall be allocated proportionally to each class of
12hospitals 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.

 

 

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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
13Department shall notify each hospital of changes to the
14payment methodologies in this Section, including, but not
15limited to, changes in the fixed rate directed payment rates,
16the aggregate pass-through payment amount for all hospitals,
17and the hospital's pass-through payment amount for the
18upcoming calendar year.
19    (l) Notwithstanding any other provisions of this Section,
20the Department may adopt rules to change the methodology for
21directed and pass-through payments as set forth in this
22Section, but only to the extent necessary to obtain federal
23approval of a necessary State Plan amendment or Directed
24Payment Preprint or to otherwise conform to federal law or
25federal regulation.
26    (m) As used in this subsection, "managed care

 

 

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1organization" or "MCO" means an entity which contracts with
2the Department to provide services where payment for medical
3services is made on a capitated basis, excluding contracted
4entities for dual eligible or Department of Children and
5Family Services youth populations.
6    (n) In order to address the escalating infant mortality
7rates among minority communities in Illinois, the State shall,
8subject to appropriation, create a pool of funding of at least
9$50,000,000 annually to be disbursed among safety-net
10hospitals that maintain perinatal designation from the
11Department of Public Health. The funding shall be used to
12preserve or enhance OB/GYN services or other specialty
13services at the receiving hospital, with the distribution of
14funding to be established by rule and with consideration to
15perinatal hospitals with safe birthing levels and quality
16metrics 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
20the Racial Impact Note Act.
 
21    Section 110-5. Racial impact note.
22    (a) Every bill which has or could have a disparate impact
23on racial and ethnic minorities, upon the request of any

 

 

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1member, shall have prepared for it, before second reading in
2the house of introduction, a brief explanatory statement or
3note that shall include a reliable estimate of the anticipated
4impact on those racial and ethnic minorities likely to be
5impacted by the bill. Each racial impact note must include,
6for racial and ethnic minorities for which data are available:
7(i) an estimate of how the proposed legislation would impact
8racial and ethnic minorities; (ii) a statement of the
9methodologies and assumptions used in preparing the estimate;
10(iii) an estimate of the racial and ethnic composition of the
11population who may be impacted by the proposed legislation,
12including those persons who may be negatively impacted and
13those persons who may benefit from the proposed legislation;
14and (iv) any other matter that a responding agency considers
15appropriate in relation to the racial and ethnic minorities
16likely to be affected by the bill.
 
17    Section 110-10. Preparation.
18    (a) The sponsor of each bill for which a request under
19Section 110-5 has been made shall present a copy of the bill
20with the request for a racial impact note to the appropriate
21responding agency or agencies under subsection (b). The
22responding agency or agencies shall prepare and submit the
23note to the sponsor of the bill within 5 calendar days, except
24that whenever, because of the complexity of the measure,
25additional time is required for the preparation of the racial

 

 

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1impact note, the responding agency or agencies may inform the
2sponsor of the bill, and the sponsor may approve an extension
3of the time within which the note is to be submitted, not to
4extend, however, beyond June 15, following the date of the
5request. If, in the opinion of the responding agency or
6agencies, there is insufficient information to prepare a
7reliable estimate of the anticipated impact, a statement to
8that effect can be filed and shall meet the requirements of
9this Act.
10    (b) If a bill concerns arrests, convictions, or law
11enforcement, a statement shall be prepared by the Illinois
12Criminal Justice Information Authority specifying the impact
13on racial and ethnic minorities. If a bill concerns
14corrections, sentencing, or the placement of individuals
15within the Department of Corrections, a statement shall be
16prepared by the Department of Corrections specifying the
17impact on racial and ethnic minorities. If a bill concerns
18local government, a statement shall be prepared by the
19Department of Commerce and Economic Opportunity specifying the
20impact on racial and ethnic minorities. If a bill concerns
21education, one of the following agencies shall prepare a
22statement specifying the impact on racial and ethnic
23minorities: (i) the Illinois Community College Board, if the
24bill affects community colleges; (ii) the Illinois State Board
25of Education, if the bill affects primary and secondary
26education; or (iii) the Illinois Board of Higher Education, if

 

 

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1the bill affects State universities. Any other State agency
2impacted or responsible for implementing all or part of this
3bill shall prepare a statement of the racial and ethnic impact
4of the bill as it relates to that agency.
 
5    Section 110-15. Requisites and contents. The note shall be
6factual in nature, as brief and concise as may be, and, in
7addition, it shall include both the immediate effect and, if
8determinable or reasonably foreseeable, the long range effect
9of the measure on racial and ethnic minorities. If, after
10careful investigation, it is determined that such an effect is
11not ascertainable, the note shall contain a statement to that
12effect, setting forth the reasons why no ascertainable effect
13can be given.
 
14    Section 110-20. Comment or opinion; technical or
15mechanical defects. No comment or opinion shall be included
16in the racial impact note with regard to the merits of the
17measure for which the racial impact note is prepared; however,
18technical or mechanical defects may be noted.
 
19    Section 110-25. Appearance of State officials and
20employees in support or opposition of measure. The fact that a
21racial impact note is prepared for any bill shall not preclude
22or restrict the appearance before any committee of the General
23Assembly of any official or authorized employee of the

 

 

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1responding agency or agencies, or any other impacted State
2agency, who desires to be heard in support of or in opposition
3to the measure.
 
4
Article 115.

 
5    Section 115-5. The Illinois Public Aid Code is amended by
6adding Section 14-14 as follows:
 
7    (305 ILCS 5/14-14 new)
8    Sec. 14-14. Increasing access to primary care in
9hospitals. The Department of Healthcare and Family Services
10shall develop a program to facilitate coordination between
11Federally Qualified Health Centers (FQHCs) and safety net
12hospitals, with the goal of increasing care coordination,
13managing chronic diseases, and addressing the social
14determinants of health on or before December 31, 2021.
15Coordination between FQHCs and safety hospitals may include,
16but is not limited to, embedding FQHC staff in hospitals,
17utilizing health information technology for care coordination,
18and enabling FQHCs to connect hospital patients to
19community-based resources when needed to provide whole-person
20care. In addition, the Department shall develop a payment
21methodology to allow FQHCs to provide care coordination
22services, including, but not limited to, chronic disease
23management and behavioral health services. The Department of

 

 

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1Healthcare and Family Services shall develop a payment
2methodology to allow for FQHC care coordination services by no
3later than December 31, 2021.
 
4
Article 120.

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

 

 

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

 

 

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1years; up to 6 members to serve for terms of 2 years; and up to
25 members to serve for a term of one year, so that the term of
3no more than 6 members expire in the same year. All members
4shall be legal residents of the State of Illinois. The duties
5of the Board shall include, but not be limited to, the
6following:
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.

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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1    Justice Information Authority, the Department of
2    Agriculture, the Department of Transportation, the
3    Department of Corrections, the Department of Commerce and
4    Economic Opportunity, and the Chair of the State Board of
5    Health to also serve on the Partnership. A member of the
6    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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        The 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
17among its members.
18    Members of the Board shall receive compensation for their
19services at the rate of $150 per day, not to exceed $10,000 per
20year, as designated by the Director for each day required for
21transacting the business of the Board and shall be reimbursed
22for necessary expenses incurred in the performance of their
23duties. The Board shall meet from time to time at the call of
24the Department, at the call of the chairperson, or upon the
25request of 3 of its members, but shall not meet less than 4
26times per year.

 

 

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1    (b) (Blank).
2    (c) An Advisory Board on Necropsy Service to Coroners,
3which shall counsel and advise with the Director on the
4administration of the Autopsy Act. The Advisory Board shall
5consist of 11 members, including a senior citizen age 60 or
6over, appointed by the Governor, one of whom shall be
7designated as chairman by a majority of the members of the
8Board. In the appointment of the first Board the Governor
9shall appoint 3 members to serve for terms of 1 year, 3 for
10terms of 2 years, and 3 for terms of 3 years. The members first
11appointed under Public Act 83-1538 shall serve for a term of 3
12years. All members appointed thereafter shall be appointed for
13terms of 3 years, except that when an appointment is made to
14fill a vacancy, the appointment shall be for the remaining
15term of the position vacant. The members of the Board shall be
16citizens of the State of Illinois. In the appointment of
17members of the Advisory Board the Governor shall appoint 3
18members who shall be persons licensed to practice medicine and
19surgery in the State of Illinois, at least 2 of whom shall have
20received post-graduate training in the field of pathology; 3
21members who are duly elected coroners in this State; and 5
22members who shall have interest and abilities in the field of
23forensic medicine but who shall be neither persons licensed to
24practice any branch of medicine in this State nor coroners. In
25the appointment of medical and coroner members of the Board,
26the Governor shall invite nominations from recognized medical

 

 

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1and coroners organizations in this State respectively. Board
2members, while serving on business of the Board, shall receive
3actual necessary travel and subsistence expenses while so
4serving away from their places of residence.
5(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
6revised 7-17-19.)
 
7
Article 125.

 
8    Section 125-1. Short title. This Article may be cited as
9the Health and Human Services Task Force and Study Act.
10References 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.

 

 

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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

 

 

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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
10Health and Human Services Task Force is created within the
11Department of Human Services to undertake a systematic review
12of health and human service departments and programs with the
13goal of improving health and human service outcomes for
14Illinois residents.
 
15    Section 125-15. Study.
16    (1) The Task Force shall review all health and human
17service departments and programs and make recommendations for
18achieving a system that will improve interagency
19interoperability with respect to improving access to
20healthcare, healthcare disparities, workforce competency and
21diversity, social determinants of health, and data sharing and
22collection. These recommendations shall include, but are not
23limited to, the following elements:
24        (i) impact on infant and maternal mortality;

 

 

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

 

 

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1programs and agencies in the State, including, but not limited
2to, Medicaid and other health care programs administered by
3the State, and increase awareness of trauma and its effects on
4communities across Illinois.
5    (5) The Task Force shall review and examine the connection
6between access to education and health outcomes particularly
7in African American and minority communities and make
8recommendations on public policies to address any gaps or
9deficiencies.
 
10    Section 125-20. Membership; appointments; meetings;
11support.
12    (1) The Task Force shall include representation from both
13public and private organizations, and its membership shall
14reflect regional, racial, and cultural diversity to ensure
15representation of the needs of all Illinois citizens. Task
16Force members shall include one member appointed by the
17President of the Senate, one member appointed by the Minority
18Leader of the Senate, one member appointed by the Speaker of
19the House of Representatives, one member appointed by the
20Minority Leader of the House of Representatives, and other
21members appointed by the Governor. The Governor's appointments
22shall 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,

 

 

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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.

 

 

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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
17duration of the Task Force.
18    (3) In the event of a vacancy, the appointment to fill the
19vacancy shall be made in the same manner as the original
20appointment.
21    (4) The Task Force shall convene within 60 days after the
22effective date of this Act. The initial meeting of the Task
23Force shall be convened by the co-chair selected by the
24Governor. Subsequent meetings shall convene at the call of the
25co-chairs. The Task Force shall meet on a quarterly basis, or
26more often if necessary.

 

 

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1    (5) The Department of Human Services shall provide
2administrative support to the Task Force.
 
3    Section 125-25. Report. The Task Force shall report to the
4Governor and the General Assembly on the Task Force's progress
5toward its goals and objectives by June 30, 2021, and every
6June 30 thereafter.
 
7    Section 125-30. Transparency. In addition to whatever
8policies or procedures it may adopt, all operations of the
9Task Force shall be subject to the provisions of the Freedom of
10Information Act and the Open Meetings Act. This Section shall
11not be construed so as to preclude other State laws from
12applying to the Task Force and its activities.
 
13    Section 125-40. Repeal. This Article is repealed June 30,
142023.
 
15
Article 130.

 
16    Section 130-1. Short title. This Article may be cited as
17the 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
20declares all of the following:

 

 

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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

 

 

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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.

 

 

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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
6identify and propose statewide policies to eliminate systemic
7racism and advance equitable solutions for Black and Brown
8people in Illinois.
9    (b) The Anti-Racism Commission shall consist of the
10following 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;

 

 

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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
15administrative support for the Commission.
16    (d) The Commission is charged with, but not limited to,
17the 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.

 

 

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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

 

 

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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
19Governor and the General Assembly no later than December 31,
202021. The Commission is dissolved upon the filing of its
21report.
 
22    Section 130-15. Repeal. This Article is repealed on
23January 1, 2023.
 
24
Article 131.

 

 

 

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1    Section 131-1. Short title. This Article may be cited as
2the Sickle Cell Prevention, Care, and Treatment Program Act.
3References 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
7Treatment Program.
 
8    Section 131-10. Sickle Cell Prevention, Care, and
9Treatment Program. The Department shall establish a grant
10program for the purpose of providing for the prevention, care,
11and treatment of sickle cell disease and for educational
12programs 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

 

 

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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.

 

 

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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:

 

 

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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
7implement the sickle cell disease educational outreach program
8described 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
11special fund in the State treasury for the purpose of carrying
12out the provisions of this Act and for no other purpose. The
13Fund shall be administered by the Department. Expenditures
14from 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
22thereafter, the Department, with the assistance of:
23        (1) the Center for Minority Health Services;
24        (2) health care providers that treat individuals with

 

 

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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;
7shall perform a study to determine the prevalence, impact, and
8needs of individuals with sickle cell disease and the sickle
9cell 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

 

 

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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
8performed under this Section to the General Assembly.
 
9    Section 131-30. Implementation subject to appropriation.
10Implementation of this Act is subject to appropriation.
 
11    Section 131-90. The State Finance Act is amended by adding
12Section 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
18is amended by changing Sections 4, 5.4, and 8.7 as follows:
 
19    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)

 

 

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1    (Section scheduled to be repealed on December 31, 2029)
2    Sec. 4. Health Facilities and Services Review Board;
3membership; appointment; term; compensation; quorum.
4    (a) There is created the Health Facilities and Services
5Review Board, which shall perform the functions described in
6this Act. The Department shall provide operational support to
7the Board as necessary, including the provision of office
8space, supplies, and clerical, financial, and accounting
9services. The Board may contract for functions or operational
10support as needed. The Board may also contract with experts
11related to specific health services or facilities and create
12technical advisory panels to assist in the development of
13criteria, standards, and procedures used in the evaluation of
14applications for permit and exemption.
15    (b) The State Board shall consist of 11 9 voting members.
16All members shall be residents of Illinois and at least 4 shall
17reside outside the Chicago Metropolitan Statistical Area.
18Consideration shall be given to potential appointees who
19reflect the ethnic and cultural diversity of the State.
20Neither Board members nor Board staff shall be convicted
21felons or have pled guilty to a felony.
22    Each member shall have a reasonable knowledge of the
23practice, procedures and principles of the health care
24delivery system in Illinois, including at least 5 members who
25shall be knowledgeable about health care delivery systems,
26health systems planning, finance, or the management of health

 

 

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1care facilities currently regulated under the Act. One member
2shall be a representative of a non-profit health care consumer
3advocacy organization. One member shall be a representative
4from the community with experience on the effects of
5discontinuing health care services or the closure of health
6care facilities on the surrounding community; provided,
7however, that all other members of the Board shall be
8appointed before this member shall be appointed. A spouse,
9parent, sibling, or child of a Board member cannot be an
10employee, agent, or under contract with services or facilities
11subject to the Act. Prior to appointment and in the course of
12service on the Board, members of the Board shall disclose the
13employment or other financial interest of any other relative
14of the member, if known, in service or facilities subject to
15the Act. Members of the Board shall declare any conflict of
16interest that may exist with respect to the status of those
17relatives and recuse themselves from voting on any issue for
18which a conflict of interest is declared. No person shall be
19appointed or continue to serve as a member of the State Board
20who is, or whose spouse, parent, sibling, or child is, a member
21of the Board of Directors of, has a financial interest in, or
22has a business relationship with a health care facility.
23    Notwithstanding any provision of this Section to the
24contrary, the term of office of each member of the State Board
25serving on the day before the effective date of this
26amendatory Act of the 96th General Assembly is abolished on

 

 

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1the date upon which members of the 9-member Board, as
2established by this amendatory Act of the 96th General
3Assembly, have been appointed and can begin to take action as a
4Board.
5    (c) The State Board shall be appointed by the Governor,
6with the advice and consent of the Senate. Not more than 6 5 of
7the appointments shall be of the same political party at the
8time of the appointment.
9    The Secretary of Human Services, the Director of
10Healthcare and Family Services, and the Director of Public
11Health, or their designated representatives, shall serve as
12ex-officio, non-voting members of the State Board.
13    (d) Of those 9 members initially appointed by the Governor
14following the effective date of this amendatory Act of the
1596th General Assembly, 3 shall serve for terms expiring July
161, 2011, 3 shall serve for terms expiring July 1, 2012, and 3
17shall serve for terms expiring July 1, 2013. Thereafter, each
18appointed member shall hold office for a term of 3 years,
19provided that any member appointed to fill a vacancy occurring
20prior to the expiration of the term for which his or her
21predecessor was appointed shall be appointed for the remainder
22of such term and the term of office of each successor shall
23commence on July 1 of the year in which his predecessor's term
24expires. Each member shall hold office until his or her
25successor is appointed and qualified. The Governor may
26reappoint a member for additional terms, but no member shall

 

 

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1serve more than 3 terms, subject to review and re-approval
2every 3 years.
3    (e) State Board members, while serving on business of the
4State Board, shall receive actual and necessary travel and
5subsistence expenses while so serving away from their places
6of residence. Until March 1, 2010, a member of the State Board
7who experiences a significant financial hardship due to the
8loss of income on days of attendance at meetings or while
9otherwise engaged in the business of the State Board may be
10paid a hardship allowance, as determined by and subject to the
11approval of the Governor's Travel Control Board.
12    (f) The Governor shall designate one of the members to
13serve as the Chairman of the Board, who shall be a person with
14expertise in health care delivery system planning, finance or
15management of health care facilities that are regulated under
16the Act. The Chairman shall annually review Board member
17performance and shall report the attendance record of each
18Board member to the General Assembly.
19    (g) The State Board, through the Chairman, shall prepare a
20separate and distinct budget approved by the General Assembly
21and shall hire and supervise its own professional staff
22responsible for carrying out the responsibilities of the
23Board.
24    (h) The State Board shall meet at least every 45 days, or
25as often as the Chairman of the State Board deems necessary, or
26upon the request of a majority of the members.

 

 

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1    (i) Six Five members of the State Board shall constitute a
2quorum. The affirmative vote of 6 5 of the members of the State
3Board shall be necessary for any action requiring a vote to be
4taken by the State Board. A vacancy in the membership of the
5State Board shall not impair the right of a quorum to exercise
6all the rights and perform all the duties of the State Board as
7provided by this Act.
8    (j) A State Board member shall disqualify himself or
9herself from the consideration of any application for a permit
10or exemption in which the State Board member or the State Board
11member's spouse, parent, sibling, or child: (i) has an
12economic interest in the matter; or (ii) is employed by,
13serves as a consultant for, or is a member of the governing
14board of the applicant or a party opposing the application.
15    (k) The Chairman, Board members, and Board staff must
16comply 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
22that all health care facilities, with the exception of skilled
23and intermediate long-term care facilities licensed under the
24Nursing Home Care Act, provide a Safety Net Impact Statement,
25which shall be filed with an application for a substantive

 

 

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1project or when the application proposes to discontinue a
2category of service.
3    (b) For the purposes of this Section, "safety net
4services" are services provided by health care providers or
5organizations that deliver health care services to persons
6with barriers to mainstream health care due to lack of
7insurance, inability to pay, special needs, ethnic or cultural
8characteristics, or geographic isolation. Safety net service
9providers include, but are not limited to, hospitals and
10private practice physicians that provide charity care,
11school-based health centers, migrant health clinics, rural
12health clinics, federally qualified health centers, community
13health centers, public health departments, and community
14mental health centers.
15    (c) As developed by the applicant, a Safety Net Impact
16Statement 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

 

 

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1    community, if reasonably known by the applicant.
2    (d) Safety Net Impact Statements shall also include all of
3the 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
25application accompanied by a Safety Net Impact Statement has
26been filed, in a newspaper having general circulation within

 

 

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

 

 

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

 

 

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1facility is located, the State Board, the Director of Public
2Health, and the Director of Healthcare and Family Services.
3The changes made to this subsection by this amendatory Act of
4the 101st General Assembly shall apply to all applications
5submitted after the effective date of this amendatory Act of
6the 101st General Assembly.
7    (b) No later than 30 days after issuance of a permit to
8close a health care facility or discontinue a category of
9service, the permit holder shall give written notice of the
10closure or discontinuation to the State Senator and State
11Representative serving the legislative district in which the
12health care facility is located.
13    (c)(1) If there is a pending lawsuit that challenges an
14application to discontinue a health care facility that either
15names the Board as a party or alleges fraud in the filing of
16the application, the Board may defer action on the application
17for up to 6 months after the date of the initial deferral of
18the application.
19    (2) The Board may defer action on an application to
20discontinue a hospital that is pending before the Board as of
21the effective date of this amendatory Act of the 102nd General
22Assembly for up to 60 days after the effective date of this
23amendatory Act of the 102nd General Assembly.
24    (3) The Board may defer taking final action on an
25application to discontinue a hospital that is filed on or
26after January 12, 2021, until the earlier to occur of: (i) the

 

 

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1expiration of the statewide disaster declaration proclaimed by
2the Governor of the State of Illinois due to the COVID-19
3pandemic that is in effect on January 12, 2021, or any
4extension thereof, or July 1, 2021, whichever occurs later; or
5(ii) the expiration of the declaration of a public health
6emergency due to the COVID-19 pandemic as declared by the
7Secretary of the U.S. Department of Health and Human Services
8that is in effect on January 12, 2021, or any extension
9thereof, or July 1, 2021, whichever occurs later. This
10paragraph (3) is repealed as of the date of the expiration of
11the statewide disaster declaration proclaimed by the Governor
12of the State of Illinois due to the COVID-19 pandemic that is
13in effect on January 12, 2021, or any extension thereof, or
14July 1, 2021, whichever occurs later.
15    (d) The changes made to this Section by this amendatory
16Act of the 101st General Assembly shall apply to all
17applications submitted after the effective date of this
18amendatory 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
23changing Section 5-30.1 as follows:
 

 

 

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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
5which contracts with the Department to provide services where
6payment 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
20organizations are subject to the provisions of the Managed
21Care Reform and Patient Rights Act.
22    (c) An MCO shall pay any provider of emergency services
23that does not have in effect a contract with the contracted
24Medicaid MCO. The default rate of reimbursement shall be the
25rate paid under Illinois Medicaid fee-for-service program

 

 

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1methodology, including all policy adjusters, including but not
2limited to Medicaid High Volume Adjustments, Medicaid
3Percentage Adjustments, Outpatient High Volume Adjustments,
4and all outlier add-on adjustments to the extent such
5adjustments are incorporated in the development of the
6applicable MCO capitated rates.
7    (d) An MCO shall pay for all post-stabilization services
8as 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

 

 

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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
9determining 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
11Illinois Medicaid program may have unintended operational
12challenges 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

 

 

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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
19limited 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

 

 

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1fee-for-service coverage.
2    If the fee-for-service system is ultimately determined to
3have been responsible for coverage on the date of service, the
4Department shall provide for an extended period for claims
5submission 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.

 

 

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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
5order to monitor MCO payments to hospital providers, pursuant
6to this amendatory Act of the 100th General Assembly, the
7Department shall post an analysis of MCO claims processing and
8payment performance on its website every 6 months. Such
9analysis shall include a review and evaluation of a
10representative sample of hospital claims that are rejected and
11denied for clean and unclean claims and the top 5 reasons for
12such actions and timeliness of claims adjudication, which
13identifies the percentage of claims adjudicated within 30, 60,
1490, and over 90 days, and the dollar amounts associated with
15those claims. The Department shall post the contracted claims
16report required by HealthChoice Illinois on its website every
173 months.
18    (g-8) Dispute resolution process. The Department shall
19maintain a provider complaint portal through which a provider
20can submit to the Department unresolved disputes with an MCO.
21An unresolved dispute means an MCO's decision that denies in
22whole or in part a claim for reimbursement to a provider for
23health care services rendered by the provider to an enrollee
24of the MCO with which the provider disagrees. Disputes shall
25not be submitted to the portal until the provider has availed
26itself of the MCO's internal dispute resolution process.

 

 

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

 

 

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1dispute, or the lapse of the period for submitting such
2information, the Department shall issue a written decision on
3the dispute based on contractual terms between the provider
4and the MCO, contractual terms between the MCO and the
5Department of Healthcare and Family Services and applicable
6Medicaid policy. The decision of the Department shall be
7final. By January 1, 2020, the Department shall establish by
8rule further details of this dispute resolution process.
9Disputes between MCOs and providers presented to the
10Department for resolution are not contested cases, as defined
11in Section 1-30 of the Illinois Administrative Procedure Act,
12conferring any right to an administrative hearing.
13    (g-9)(1) The Department shall publish annually on its
14website a report on the calculation of each managed care
15organization'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

 

 

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1with federal law and regulation following a claims runout
2period determined by the Department.
3    (g-10)(1) "Liability effective date" means the date on
4which an MCO becomes responsible for payment for medically
5necessary and covered services rendered by a provider to one
6of its enrollees in accordance with the contract terms between
7the MCO and the provider. The liability effective date shall
8be 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
20MCO at the same time that the provider submits an enrollment
21application to the Department through IMPACT.
22    (3) By October 1, 2019, the Department shall require all
23MCOs to update their provider directory with information for
24new practitioners of existing contracted providers within 30
25days of receipt of a complete and accurate standardized roster
26template in the format approved by the Department provided

 

 

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

 

 

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1payment for failure to comply with any timely submission
2requirements under this Code or under any existing contract,
3unless the non-electronic format claim submission occurs after
4the initial 180 days following the latest date of service on
5the claim, or after the 90 business days correction period
6following notification to the provider of rejection or denial
7of payment.
8    (h) The Department shall not expand mandatory MCO
9enrollment into new counties beyond those counties already
10designated by the Department as of June 1, 2014 for the
11individuals whose eligibility for medical assistance is not
12the seniors or people with disabilities population until the
13Department provides an opportunity for accountable care
14entities and MCOs to participate in such newly designated
15counties.
16    (i) The requirements of this Section apply to contracts
17with accountable care entities and MCOs entered into, amended,
18or renewed after June 16, 2014 (the effective date of Public
19Act 98-651).
20    (j) Health care information released to managed care
21organizations. A health care provider shall release to a
22Medicaid managed care organization, upon request, and subject
23to the Health Insurance Portability and Accountability Act of
241996 and any other law applicable to the release of health
25information, the health care information of the MCO's
26enrollee, if the enrollee has completed and signed a general

 

 

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1release form that grants to the health care provider
2permission to release the recipient's health care information
3to the recipient's insurance carrier.
4    (k) The Department of Healthcare and Family Services,
5managed care organizations, a statewide organization
6representing hospitals, and a statewide organization
7representing safety-net hospitals shall explore ways to
8support billing departments in safety-net hospitals.
9    (l) The requirements of this Section added by this
10amendatory Act of the 102nd General Assembly shall apply to
11services provided on or after the first day of the month that
12begins 60 days after the effective date of this amendatory Act
13of the 102nd General Assembly.
14(Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18;
15100-587, 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
18adding 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
22created within the Department of Healthcare and Family
23Services to evaluate the effectiveness of Illinois' managed

 

 

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1care 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

 

 

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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
18chief of staff, or their designees, shall serve as the
19Commission's executive administrators in providing
20administrative support, research support, and other
21administrative tasks requested by the Commission's co-chairs.
22Any expenses, including, but not limited to, travel and
23housing, shall be paid for by the Department's existing
24budget.
25    (d) The members of the Commission shall receive no
26compensation for their services as members of the Commission.

 

 

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1    (e) The Commission shall meet quarterly beginning as soon
2as is practicable after the effective date of this amendatory
3Act 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

 

 

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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

 

 

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1    safety-net hospitals.
2    (f-5) The Department shall make available upon request the
3analytics of Medicaid managed care clearinghouse data
4regarding processing.
5    (g) Beginning January 1, 2022, and for each year
6thereafter, the Commission shall submit a report of its
7findings and recommendations to the General Assembly. The
8report to the General Assembly shall be filed with the Clerk of
9the House of Representatives and the Secretary of the Senate
10in electronic form only, in the manner that the Clerk and the
11Secretary shall direct.
 
12
Article 160.

 
13    Section 160-5. The State Finance Act is amended by adding
14Sections 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
19Oversight Fund is created as a special fund in the State
20treasury. Subject to appropriation, available annual moneys in
21the Fund shall be used by the Department of Healthcare and
22Family Services to support contracting with women and

 

 

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1minority-owned businesses as part of the Department's Business
2Enterprise Program requirements. The Department shall
3prioritize contracts for care coordination services, workforce
4development, and other services that support the Department's
5mission to promote health equity. Funds may not be used for any
6administrative costs of the Department.
 
7
Article 170.

 
8    Section 170-5. The Illinois Public Aid Code is amended by
9adding 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
13created within the Department of Healthcare and Family
14Services to develop a program to support and grow minority,
15women, 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

 

 

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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
12chief of staff, or their designees, shall serve as the
13Commission's executive administrators in providing
14administrative support, research support, and other
15administrative tasks requested by the Commission's co-chairs.
16Any expenses, including, but not limited to, travel and
17housing, shall be paid for by the Department's existing
18budget.
19    (d) The members of the Commission shall receive no
20compensation for their services as members of the Commission.
21    (e) The members of the Commission shall designate
22co-chairs of the Commission to lead their efforts at the first
23meeting of the Commission.
24    (f) The Commission shall meet at least monthly beginning
25as soon as is practicable after the effective date of this
26amendatory Act of the 102nd General Assembly.

 

 

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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.

 

 

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1    (h) The Commission shall provide recommendations to the
2Department and the General assembly by April 15, 2021 in order
3to ensure prompt implementation of the Medicaid Business
4Opportunity Program.
5    (i) Beginning January 1, 2022, and for each year
6thereafter, the Commission shall submit a report of its
7findings and recommendations to the General Assembly. The
8report to the General Assembly shall be filed with the Clerk of
9the House of Representatives and the Secretary of the Senate
10in electronic form only, in the manner that the Clerk and the
11Secretary shall direct.
 
12
Article 172.

 
13    Section 172-5. The Illinois Public Aid Code is amended by
14changing Section 14-13 as follows:
 
15    (305 ILCS 5/14-13)
16    Sec. 14-13. Reimbursement for inpatient stays extended
17beyond medical necessity.
18    (a) By October 1, 2019, the Department shall by rule
19implement a methodology effective for dates of service July 1,
202019 and later to reimburse hospitals for inpatient stays
21extended beyond medical necessity due to the inability of the
22Department or the managed care organization in which a
23recipient is enrolled or the hospital discharge planner to

 

 

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1find an appropriate placement after discharge from the
2hospital. The Department shall evaluate the effectiveness of
3the current reimbursement rate for inpatient hospital stays
4beyond medical necessity.
5    (b) The methodology shall provide reasonable compensation
6for the services provided attributable to the days of the
7extended stay for which the prevailing rate methodology
8provides no reimbursement. The Department may use a day
9outlier program to satisfy this requirement. The reimbursement
10rate shall be set at a level so as not to act as an incentive
11to avoid transfer to the appropriate level of care needed or
12placement, after discharge.
13    (c) The Department shall require managed care
14organizations to adopt this methodology or an alternative
15methodology that pays at least as much as the Department's
16adopted methodology unless otherwise mutually agreed upon
17contractual language is developed by the provider and the
18managed care organization for a risk-based or innovative
19payment methodology.
20    (d) Days beyond medical necessity shall not be eligible
21for per diem add-on payments under the Medicaid High Volume
22Adjustment (MHVA) or the Medicaid Percentage Adjustment (MPA)
23programs.
24    (e) For services covered by the fee-for-service program,
25reimbursement under this Section shall only be made for days
26beyond medical necessity that occur after the hospital has

 

 

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1notified the Department of the need for post-discharge
2placement. For services covered by a managed care
3organization, hospitals shall notify the appropriate managed
4care organization of an admission within 24 hours of
5admission. For every 24-hour period beyond the initial 24
6hours after admission that the hospital fails to notify the
7managed care organization of the admission, reimbursement
8under 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
13adding 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
16visiting services.
17    (a) As used in this Section:
18    "Home visiting" means a voluntary, evidence-based strategy
19used to support pregnant people, infants, and young children
20and their caregivers to promote infant, child, and maternal
21health, to foster educational development and school
22readiness, and to help prevent child abuse and neglect. Home

 

 

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1visitors are trained professionals whose visits and activities
2focus on promoting strong parent-child attachment to foster
3healthy child development.
4    "Perinatal doula" means a trained provider who provides
5regular, voluntary physical, emotional, and educational
6support, but not medical or midwife care, to pregnant and
7birthing persons before, during, and after childbirth,
8otherwise known as the perinatal period.
9    "Perinatal doula training" means any doula training that
10focuses on providing support throughout the prenatal, labor
11and delivery, or postpartum period, and reflects the type of
12doula care that the doula seeks to provide.
13    (b) Notwithstanding any other provision of this Article,
14perinatal doula services and evidence-based home visiting
15services shall be covered under the medical assistance
16program, subject to appropriation, for persons who are
17otherwise eligible for medical assistance under this Article.
18Perinatal doula services include regular visits beginning in
19the prenatal period and continuing into the postnatal period,
20inclusive of continuous support during labor and delivery,
21that support healthy pregnancies and positive birth outcomes.
22Perinatal doula services may be embedded in an existing
23program, such as evidence-based home visiting. Perinatal doula
24services provided during the prenatal period may be provided
25weekly, services provided during the labor and delivery period
26may be provided for the entire duration of labor and the time

 

 

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1immediately following birth, and services provided during the
2postpartum period may be provided up to 12 months postpartum.
3    (c) The Department of Healthcare and Family Services shall
4adopt rules to administer this Section. In this rulemaking,
5the Department shall consider the expertise of and consult
6with doula program experts, doula training providers,
7practicing doulas, and home visiting experts, along with State
8agencies implementing perinatal doula services and relevant
9bodies under the Illinois Early Learning Council. This body of
10experts shall inform the Department on the credentials