Rep. Camille Y. Lilly

Filed: 3/10/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 158

2    AMENDMENT NO. ______. Amend House Bill 158 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1common defense; and secure the blessings of freedom and
2liberty to ourselves and our posterity - do ordain and
3establish this Constitution for the State of Illinois."
4    The Illinois Legislative Black Caucus finds that, in order
5to improve the health outcomes of Black residents in the State
6of Illinois, it is essential to dramatically reform the
7State's health and human service system. For over 3 decades,
8multiple health studies have found that health inequities at
9their very core are due to racism. As early as 1998 research
10demonstrated that Black Americans received less health care
11than white Americans because doctors treated patients
12differently on the basis of race. Yet, Illinois' health and
13human service system disappointingly continues to perpetuate
14health disparities among Black Illinoisans of all ages,
15genders, and socioeconomic status.
16    In July 2020, Trinity Health announced its plans to close
17Mercy Hospital, an essential resource serving the Chicago
18South Side's predominantly Black residents. Trinity Health
19argued that this closure would have no impact on health access
20but failed to understand the community's needs. Closure of
21Mercy Hospital would only serve to create a health access
22desert and exacerbate existing health disparities. On December
2315, 2020, after hearing from community members and advocates,
24the Health Facilities and Services Review Board unanimously
25voted to deny closure efforts, yet Trinity still seeks to
26cease Mercy's operations.

 

 

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1    Prior to COVID-19, much of the social and political
2attention surrounding the nationwide opioid epidemic focused
3on the increase in overdose deaths among white, middle-class,
4suburban and rural users; the impact of the epidemic in Black
5communities was largely unrecognized. Research has shown rates
6of opioid use at the national scale are higher for whites than
7they are for Blacks, yet rates of opioid deaths are higher
8among Blacks (43%) than whites (22%). The COVID-19 pandemic
9will likely exacerbate this situation due to job loss,
10stay-at-home orders, and ongoing mitigation efforts creating a
11lack of physical access to addiction support and harm
12reduction groups.
13    In 2018, the Illinois Department of Public Health reported
14that Black women were about 6 times as likely to die from a
15pregnancy-related cause as white women. Of those, 72% of
16pregnancy-related deaths and 93% of violent
17pregnancy-associated deaths were deemed preventable. Between
182016 and 2017, Black women had the highest rate of severe
19maternal morbidity with a rate of 101.5 per 10,000 deliveries,
20which is almost 3 times as high as the rate for white women.
21    In the City of Chicago, African American and Latinx
22populations are suffering from higher rates of AIDS/HIV
23compared to the general population. Recent data places HIV as
24one of the top 5 leading causes of death in African American
25women between the ages of 35 to 44 and the seventh ranking
26cause in African American women between the ages of 20 to 34.

 

 

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1Among the Latinx population, nearly 20% with HIV exclusively
2depend on indigenous-led and staffed organizations for
3services.
4    Cardiovascular disease (CVD) accounts for more deaths in
5Illinois than any other cause of death, according to the
6Illinois Department of Public Health; CVD is the leading cause
7of death among Black residents. According to the Kaiser Family
8Foundation (KFF), for every 100,000 people, 224 Black
9Illinoisans die of CVD compared to 158 white Illinoisans.
10Cancer, the second leading cause of death in Illinois, too is
11pervasive among African Americans. In 2019, an estimated
12606,880 Americans, or 1,660 people a day, died of cancer; the
13American Cancer Society estimated 24,410 deaths occurred in
14Illinois. KFF estimates that, out of every 100,000 people, 191
15Black Illinoisans die of cancer compared to 152 white
16Illinoisans.
17    Black Americans suffer at much higher rates from chronic
18diseases, including diabetes, hypertension, heart disease,
19asthma, and many cancers. Utilizing community health workers
20in patient education and chronic disease management is needed
21to close these health disparities. Studies have shown that
22diabetes patients in the care of a community health worker
23demonstrate improved knowledge and lifestyle and
24self-management behaviors, as well as decreases in the use of
25the emergency department. A study of asthma control among
26black adolescents concluded that asthma control was reduced by

 

 

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135% among adolescents working with community health workers,
2resulting in a savings of $5.58 per dollar spent on the
3intervention. A study of the return on investment for
4community health workers employed in Colorado showed that,
5after a 9-month period, patients working with community health
6workers had an increased number of primary care visits and a
7decrease in urgent and inpatient care. Utilization of
8community health workers led to a $2.38 return on investment
9for every dollar invested in community health workers.
10    Adverse childhood experiences (ACEs) are traumatic
11experiences occurring during childhood that have been found to
12have a profound effect on a child's developing brain structure
13and body which may result in poor health during a person's
14adulthood. ACEs studies have found a strong correlation
15between the number of ACEs and a person's risk for disease and
16negative health behaviors, including suicide, depression,
17cancer, stroke, ischemic heart disease, diabetes, autoimmune
18disease, smoking, substance abuse, interpersonal violence,
19obesity, unplanned pregnancies, lower educational achievement,
20workplace absenteeism, and lower wages. Data also shows that
21approximately 20% of African American and Hispanic adults in
22Illinois reported 4 or more ACEs, compared to 13% of
23non-Hispanic whites. Long-standing ACE interventions include
24tools such as trauma-informed care. Trauma-informed care has
25been promoted and established in communities across the
26country on a bipartisan basis, including in the states of

 

 

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1California, Florida, Massachusetts, Missouri, Oregon,
2Pennsylvania, Washington, and Wisconsin. Several federal
3agencies have integrated trauma-informed approaches in their
4programs and grants which should be leveraged by the State.
5    According to a 2019 Rush University report, a Black
6person's life expectancy on average is less when compared to a
7white person's life expectancy. For instance, when comparing
8life expectancy in Chicago's Austin neighborhood to the
9Chicago Loop, there is a difference of 11 years between Black
10life expectancy (71 years) and white life expectancy (82
11years).
12    In a 2015 literature review of implicit racial and ethnic
13bias among medical professionals, it was concluded that there
14is a moderate level of implicit bias in most medical
15professionals. Further, the literature review showed that
16implicit bias has negative consequences for patients,
17including strained patient relationships and negative health
18outcomes. It is critical for medical professionals to be aware
19of implicit racial and ethnic bias and work to eliminate bias
20through training.
21    In the field of medicine, a historically racist
22profession, Black medical professionals have commonly been
23ostracized. In 1934, Dr. Roland B. Scott was the first African
24American to pass the pediatric board exam, yet when he applied
25for membership with the American Academy of Pediatrics he was
26rejected multiple times. Few medical organizations have

 

 

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1confronted the roles they played in blocking opportunities for
2Black advancement in the medical profession until the formal
3apologies of the American Medical Association in 2008. For
4decades, organizations like the AMA predicated their
5membership on joining a local state medical society, several
6of which excluded Black physicians.
7    In 2010, the General Assembly, in partnership with
8Treatment Alternatives for Safe Communities, published the
9Disproportionate Justice Impact Study. The study examined the
10impact of Illinois drug laws on racial and ethnic groups and
11the resulting over-representation of racial and ethic minority
12groups in the Illinois criminal justice system. Unsurprisingly
13and disappointingly, the study confirmed decades long
14injustices, such as nonwhites being arrested at a higher rate
15than whites relative to their representation in the general
16population throughout Illinois.
17    All together, the above mentioned only begins to capture a
18part of a larger system of racial injustices and inequities.
19The General Assembly and the people of Illinois are urged to
20recognize while racism is a core fault of the current health
21and human service system, that it is a pervasive disease
22affecting a multiplitude of institutions which truly drive
23systematic health inequities: education, child care, criminal
24justice, affordable housing, environmental justice, and job
25security and so forth. For persons to live up to their full
26human potential, their rights to quality of life, health care,

 

 

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1a quality job, a fair wage, housing, and education must not be
2inhibited.
3    Therefore, the Illinois Legislative Black Caucus, as
4informed by the Senate's Health and Human Service Pillar
5subject matter hearings, seeks to remedy a fraction of a much
6larger broken system by addressing access to health care,
7hospital closures, managed care organization reform, community
8health worker certification, maternal and infant mortality,
9mental and substance abuse treatment, hospital reform, and
10medical implicit bias in the Illinois Health Care and Human
11Service Reform Act. This Act shall achieve needed change
12through the use of, but not limited to, the Medicaid Managed
13Care Oversight Commission, the Health and Human Services Task
14Force, and a hospital closure moratorium, in order to address
15Illinois' long-standing health inequities.
 
16
Title II. Community Health Workers

 
17
Article 5.

 
18    Section 5-1. Short title. This Article may be cited as the
19Community Health Worker Certification and Reimbursement Act.
20References in this Article to "this Act" mean this Article.
 
21    Section 5-5. Definition. In this Act, "community health
22worker" means a frontline public health worker who is a

 

 

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1trusted member or has an unusually close understanding of the
2community served. This trusting relationship enables the
3community health worker to serve as a liaison, link, and
4intermediary between health and social services and the
5community to facilitate access to services and improve the
6quality and cultural competence of service delivery. A
7community health worker also builds individual and community
8capacity by increasing health knowledge and self-sufficiency
9through a range of activities, including outreach, community
10education, informal counseling, social support, and advocacy.
11A community health worker shall have the following core
12competencies:
13        (1) communication;
14        (2) interpersonal skills and relationship building;
15        (3) service coordination and navigation skills;
16        (4) capacity-building;
17        (5) advocacy;
18        (6) presentation and facilitation skills;
19        (7) organizational skills; cultural competency;
20        (8) public health knowledge;
21        (9) understanding of health systems and basic
22    diseases;
23        (10) behavioral health issues; and
24        (11) field experience.
25    Nothing in this definition shall be construed to authorize
26a community health worker to provide direct care or treatment

 

 

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1to any person or to perform any act or service for which a
2license issued by a professional licensing board is required.
 
3    Section 5-10. Community health worker training.
4    (a) Community health workers shall be provided with
5multi-tiered academic and community-based training
6opportunities that lead to the mastery of community health
7worker core competencies.
8    (b) For academic-based training programs, the Department
9of Public Health shall collaborate with the Illinois State
10Board of Education, the Illinois Community College Board, and
11the Illinois Board of Higher Education to adopt a process to
12certify academic-based training programs that students can
13attend to obtain individual community health worker
14certification. Certified training programs shall reflect the
15approved core competencies and roles for community health
16workers.
17    (c) For community-based training programs, the Department
18of Public Health shall collaborate with a statewide
19association representing community health workers to adopt a
20process to certify community-based programs that students can
21attend to obtain individual community health worker
22certification.
23    (d) Community health workers may need to undergo
24additional training, including, but not limited to, asthma,
25diabetes, maternal child health, behavioral health, and social

 

 

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1determinants of health training. Multi-tiered training
2approaches shall provide opportunities that build on each
3other and prepare community health workers for career pathways
4both within the community health worker profession and within
5allied professions.
 
6    Section 5-15. Illinois Community Health Worker
7Certification Board.
8    (a) There is created within the Department of Public
9Health, in shared leadership with a statewide association
10representing community health workers, the Illinois Community
11Health Worker Certification Board. The Board shall serve as
12the regulatory body that develops and has oversight of initial
13community health workers certification and certification
14renewals for both individuals and academic and community-based
15training programs.
16    (b) A representative from the Department of Public Health,
17the Department of Financial and Professional Regulation, the
18Department of Healthcare and Family Services, and the
19Department of Human Services shall serve on the Board. At
20least one full-time professional shall be assigned to staff
21the Board with additional administrative support available as
22needed. The Board shall have balanced representation from the
23community health worker workforce, community health worker
24employers, community health worker training and educational
25organizations, and other engaged stakeholders.

 

 

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1    (c) The Board shall propose a certification process for
2and be authorized to approve training from community-based
3organizations, in conjunction with a statewide organization
4representing community health workers, and academic
5institutions, in consultation with the Illinois State Board of
6Education, the Illinois Community College Board and the
7Illinois Board of Higher Education. The Board shall base
8training approval on core competencies, best practices, and
9affordability. In addition, the Board shall maintain a
10registry of certification records for individually certified
11community health workers.
12    (d) All training programs that are deemed certifiable by
13the Board shall go through a renewal process, which will be
14determined by the Board once established. The Board shall
15establish criteria to grandfather in any community health
16workers who were practicing prior to the establishment of a
17certification program.
18    (e) To ensure high-quality service, the Illinois Community
19Health Worker Certification Board shall examine and consider
20for adoption best practices from other states that have
21implemented policies to allow for alternative opportunities to
22demonstrate competency in core skills and knowledge in
23addition to certification.
24    (f) The Department of Public Health shall explore ways to
25compensate members of the Board.
 

 

 

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1    Section 5-20. Reimbursement. Community health worker
2services shall be covered under the medical assistance
3program, subject to appropriation, for persons who are
4otherwise eligible for medical assistance. The Department of
5Healthcare and Family Services shall develop services,
6including, but not limited to, care coordination and
7diagnosis-related patient services, for which community health
8workers will be eligible for reimbursement and shall request
9approval from the federal Centers for Medicare and Medicaid
10Services to reimburse community health worker services under
11the medical assistance program. For reimbursement under the
12medical assistance program, a community health worker must
13work under the supervision of an enrolled medical program
14provider, as specified by the Department, and certification
15shall be required for reimbursement. The supervision of
16enrolled medical program providers and certification are not
17required for community health workers who receive
18reimbursement through managed care administrative moneys.
19Noncertified community health workers are reimbursable at the
20discretion of managed care entities following availability of
21community health worker certification. In addition, the
22Department of Healthcare and Family Services shall amend its
23contracts with managed care entities to allow managed care
24entities to employ community health workers or subcontract
25with community-based organizations that employ community
26health workers.
 

 

 

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1    Section 5-23. Certification. Certification shall not be
2required for employment of community health workers.
3Noncertified community health workers may be employed through
4funding sources outside of the medical assistance program.
 
5    Section 5-25. Rules. The Department of Public Health and
6the Department of Healthcare and Family Services may adopt
7rules for the implementation and administration of this Act.
 
8
Title III. Hospital Reform

 
9
Article 10.

 
10    Section 10-5. The Hospital Licensing Act is amended by
11changing Section 10.4 as follows:
 
12    (210 ILCS 85/10.4)  (from Ch. 111 1/2, par. 151.4)
13    Sec. 10.4. Medical staff privileges.
14    (a) Any hospital licensed under this Act or any hospital
15organized under the University of Illinois Hospital Act shall,
16prior to the granting of any medical staff privileges to an
17applicant, or renewing a current medical staff member's
18privileges, request of the Director of Professional Regulation
19information concerning the licensure status, proper
20credentials, required certificates, and any disciplinary

 

 

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1action taken against the applicant's or medical staff member's
2license, except: (1) for medical personnel who enter a
3hospital to obtain organs and tissues for transplant from a
4donor in accordance with the Illinois Anatomical Gift Act; or
5(2) for medical personnel who have been granted disaster
6privileges pursuant to the procedures and requirements
7established by rules adopted by the Department. Any hospital
8and any employees of the hospital or others involved in
9granting privileges who, in good faith, grant disaster
10privileges pursuant to this Section to respond to an emergency
11shall not, as a result of their acts or omissions, be liable
12for civil damages for granting or denying disaster privileges
13except in the event of willful and wanton misconduct, as that
14term is defined in Section 10.2 of this Act. Individuals
15granted privileges who provide care in an emergency situation,
16in good faith and without direct compensation, shall not, as a
17result of their acts or omissions, except for acts or
18omissions involving willful and wanton misconduct, as that
19term is defined in Section 10.2 of this Act, on the part of the
20person, be liable for civil damages. The Director of
21Professional Regulation shall transmit, in writing and in a
22timely fashion, such information regarding the license of the
23applicant or the medical staff member, including the record of
24imposition of any periods of supervision or monitoring as a
25result of alcohol or substance abuse, as provided by Section
2623 of the Medical Practice Act of 1987, and such information as

 

 

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1may have been submitted to the Department indicating that the
2application or medical staff member has been denied, or has
3surrendered, medical staff privileges at a hospital licensed
4under this Act, or any equivalent facility in another state or
5territory of the United States. The Director of Professional
6Regulation shall define by rule the period for timely response
7to such requests.
8    No transmittal of information by the Director of
9Professional Regulation, under this Section shall be to other
10than the president, chief operating officer, chief
11administrative officer, or chief of the medical staff of a
12hospital licensed under this Act, a hospital organized under
13the University of Illinois Hospital Act, or a hospital
14operated by the United States, or any of its
15instrumentalities. The information so transmitted shall be
16afforded the same status as is information concerning medical
17studies by Part 21 of Article VIII of the Code of Civil
18Procedure, as now or hereafter amended.
19    (b) All hospitals licensed under this Act, except county
20hospitals as defined in subsection (c) of Section 15-1 of the
21Illinois Public Aid Code, shall comply with, and the medical
22staff bylaws of these hospitals shall include rules consistent
23with, the provisions of this Section in granting, limiting,
24renewing, or denying medical staff membership and clinical
25staff privileges. Hospitals that require medical staff members
26to possess faculty status with a specific institution of

 

 

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1higher education are not required to comply with subsection
2(1) below when the physician does not possess faculty status.
3        (1) Minimum procedures for pre-applicants and
4    applicants for medical staff membership shall include the
5    following:
6            (A) Written procedures relating to the acceptance
7        and processing of pre-applicants or applicants for
8        medical staff membership, which should be contained in
9        medical staff bylaws.
10            (B) Written procedures to be followed in
11        determining a pre-applicant's or an applicant's
12        qualifications for being granted medical staff
13        membership and privileges.
14            (C) Written criteria to be followed in evaluating
15        a pre-applicant's or an applicant's qualifications.
16            (D) An evaluation of a pre-applicant's or an
17        applicant's current health status and current license
18        status in Illinois.
19            (E) A written response to each pre-applicant or
20        applicant that explains the reason or reasons for any
21        adverse decision (including all reasons based in whole
22        or in part on the applicant's medical qualifications
23        or any other basis, including economic factors).
24        (2) Minimum procedures with respect to medical staff
25    and clinical privilege determinations concerning current
26    members of the medical staff shall include the following:

 

 

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1            (A) A written notice of an adverse decision.
2            (B) An explanation of the reasons for an adverse
3        decision including all reasons based on the quality of
4        medical care or any other basis, including economic
5        factors.
6            (C) A statement of the medical staff member's
7        right to request a fair hearing on the adverse
8        decision before a hearing panel whose membership is
9        mutually agreed upon by the medical staff and the
10        hospital governing board. The hearing panel shall have
11        independent authority to recommend action to the
12        hospital governing board. Upon the request of the
13        medical staff member or the hospital governing board,
14        the hearing panel shall make findings concerning the
15        nature of each basis for any adverse decision
16        recommended to and accepted by the hospital governing
17        board.
18                (i) Nothing in this subparagraph (C) limits a
19            hospital's or medical staff's right to summarily
20            suspend, without a prior hearing, a person's
21            medical staff membership or clinical privileges if
22            the continuation of practice of a medical staff
23            member constitutes an immediate danger to the
24            public, including patients, visitors, and hospital
25            employees and staff. In the event that a hospital
26            or the medical staff imposes a summary suspension,

 

 

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1            the Medical Executive Committee, or other
2            comparable governance committee of the medical
3            staff as specified in the bylaws, must meet as
4            soon as is reasonably possible to review the
5            suspension and to recommend whether it should be
6            affirmed, lifted, expunged, or modified if the
7            suspended physician requests such review. A
8            summary suspension may not be implemented unless
9            there is actual documentation or other reliable
10            information that an immediate danger exists. This
11            documentation or information must be available at
12            the time the summary suspension decision is made
13            and when the decision is reviewed by the Medical
14            Executive Committee. If the Medical Executive
15            Committee recommends that the summary suspension
16            should be lifted, expunged, or modified, this
17            recommendation must be reviewed and considered by
18            the hospital governing board, or a committee of
19            the board, on an expedited basis. Nothing in this
20            subparagraph (C) shall affect the requirement that
21            any requested hearing must be commenced within 15
22            days after the summary suspension and completed
23            without delay unless otherwise agreed to by the
24            parties. A fair hearing shall be commenced within
25            15 days after the suspension and completed without
26            delay, except that when the medical staff member's

 

 

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1            license to practice has been suspended or revoked
2            by the State's licensing authority, no hearing
3            shall be necessary.
4                (ii) Nothing in this subparagraph (C) limits a
5            medical staff's right to permit, in the medical
6            staff bylaws, summary suspension of membership or
7            clinical privileges in designated administrative
8            circumstances as specifically approved by the
9            medical staff. This bylaw provision must
10            specifically describe both the administrative
11            circumstance that can result in a summary
12            suspension and the length of the summary
13            suspension. The opportunity for a fair hearing is
14            required for any administrative summary
15            suspension. Any requested hearing must be
16            commenced within 15 days after the summary
17            suspension and completed without delay. Adverse
18            decisions other than suspension or other
19            restrictions on the treatment or admission of
20            patients may be imposed summarily and without a
21            hearing under designated administrative
22            circumstances as specifically provided for in the
23            medical staff bylaws as approved by the medical
24            staff.
25                (iii) If a hospital exercises its option to
26            enter into an exclusive contract and that contract

 

 

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1            results in the total or partial termination or
2            reduction of medical staff membership or clinical
3            privileges of a current medical staff member, the
4            hospital shall provide the affected medical staff
5            member 60 days prior notice of the effect on his or
6            her medical staff membership or privileges. An
7            affected medical staff member desiring a hearing
8            under subparagraph (C) of this paragraph (2) must
9            request the hearing within 14 days after the date
10            he or she is so notified. The requested hearing
11            shall be commenced and completed (with a report
12            and recommendation to the affected medical staff
13            member, hospital governing board, and medical
14            staff) within 30 days after the date of the
15            medical staff member's request. If agreed upon by
16            both the medical staff and the hospital governing
17            board, the medical staff bylaws may provide for
18            longer time periods.
19            (C-5) All peer review used for the purpose of
20        credentialing, privileging, disciplinary action, or
21        other recommendations affecting medical staff
22        membership or exercise of clinical privileges, whether
23        relying in whole or in part on internal or external
24        reviews, shall be conducted in accordance with the
25        medical staff bylaws and applicable rules,
26        regulations, or policies of the medical staff. If

 

 

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

 

 

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1            (F-5) A written notice of a final adverse decision
2        by a hospital governing board.
3            (G) Notice given 15 days before implementation of
4        an adverse medical staff membership or clinical
5        privileges decision based substantially on economic
6        factors. This notice shall be given after the medical
7        staff member exhausts all applicable procedures under
8        this Section, including item (iii) of subparagraph (C)
9        of this paragraph (2), and under the medical staff
10        bylaws in order to allow sufficient time for the
11        orderly provision of patient care.
12            (H) Nothing in this paragraph (2) of this
13        subsection (b) limits a medical staff member's right
14        to waive, in writing, the rights provided in
15        subparagraphs (A) through (G) of this paragraph (2) of
16        this subsection (b) upon being granted the written
17        exclusive right to provide particular services at a
18        hospital, either individually or as a member of a
19        group. If an exclusive contract is signed by a
20        representative of a group of physicians, a waiver
21        contained in the contract shall apply to all members
22        of the group unless stated otherwise in the contract.
23        (3) Every adverse medical staff membership and
24    clinical privilege decision based substantially on
25    economic factors shall be reported to the Hospital
26    Licensing Board before the decision takes effect. These

 

 

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1    reports shall not be disclosed in any form that reveals
2    the identity of any hospital or physician. These reports
3    shall be utilized to study the effects that hospital
4    medical staff membership and clinical privilege decisions
5    based upon economic factors have on access to care and the
6    availability of physician services. The Hospital Licensing
7    Board shall submit an initial study to the Governor and
8    the General Assembly by January 1, 1996, and subsequent
9    reports shall be submitted periodically thereafter.
10        (4) As used in this Section:
11        "Adverse decision" means a decision reducing,
12    restricting, suspending, revoking, denying, or not
13    renewing medical staff membership or clinical privileges.
14        "Economic factor" means any information or reasons for
15    decisions unrelated to quality of care or professional
16    competency.
17        "Pre-applicant" means a physician licensed to practice
18    medicine in all its branches who requests an application
19    for medical staff membership or privileges.
20        "Privilege" means permission to provide medical or
21    other patient care services and permission to use hospital
22    resources, including equipment, facilities and personnel
23    that are necessary to effectively provide medical or other
24    patient care services. This definition shall not be
25    construed to require a hospital to acquire additional
26    equipment, facilities, or personnel to accommodate the

 

 

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1    granting of privileges.
2        (5) Any amendment to medical staff bylaws required
3    because of this amendatory Act of the 91st General
4    Assembly shall be adopted on or before July 1, 2001.
5    (c) All hospitals shall consult with the medical staff
6prior to closing membership in the entire or any portion of the
7medical staff or a department. If the hospital closes
8membership in the medical staff, any portion of the medical
9staff, or the department over the objections of the medical
10staff, then the hospital shall provide a detailed written
11explanation for the decision to the medical staff 10 days
12prior to the effective date of any closure. No applications
13need to be provided when membership in the medical staff or any
14relevant portion of the medical staff is closed.
15(Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)
 
16
Article 15.

 
17    Section 15-3. The Illinois Health Finance Reform Act is
18amended by changing Section 4-4 as follows:
 
19    (20 ILCS 2215/4-4)  (from Ch. 111 1/2, par. 6504-4)
20    Sec. 4-4. (a) Hospitals shall make available to
21prospective patients information on the normal charge incurred
22for any procedure or operation the prospective patient is
23considering.

 

 

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1    (b) The Department of Public Health shall require
2hospitals to post, either by physical or electronic means, in
3prominent letters, in letters no more than one inch in height
4the established charges for services, where applicable,
5including but not limited to the hospital's private room
6charge, semi-private room charge, charge for a room with 3 or
7more beds, intensive care room charges, emergency room charge,
8operating room charge, electrocardiogram charge, anesthesia
9charge, chest x-ray charge, blood sugar charge, blood
10chemistry charge, tissue exam charge, blood typing charge and
11Rh factor charge. The definitions of each charge to be posted
12shall be determined by the Department.
13(Source: P.A. 92-597, eff. 7-1-02.)
 
14    Section 15-5. The Hospital Licensing Act is amended by
15changing Sections 6, 6.14c, 10.10, and 11.5 as follows:
 
16    (210 ILCS 85/6)  (from Ch. 111 1/2, par. 147)
17    Sec. 6. (a) Upon receipt of an application for a permit to
18establish a hospital the Director shall issue a permit if he
19finds (1) that the applicant is fit, willing, and able to
20provide a proper standard of hospital service for the
21community with particular regard to the qualification,
22background, and character of the applicant, (2) that the
23financial resources available to the applicant demonstrate an
24ability to construct, maintain, and operate a hospital in

 

 

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1accordance with the standards, rules, and regulations adopted
2pursuant to this Act, and (3) that safeguards are provided
3which assure hospital operation and maintenance consistent
4with the public interest having particular regard to safe,
5adequate, and efficient hospital facilities and services.
6    The Director may request the cooperation of county and
7multiple-county health departments, municipal boards of
8health, and other governmental and non-governmental agencies
9in obtaining information and in conducting investigations
10relating to such applications.
11    A permit to establish a hospital shall be valid only for
12the premises and person named in the application for such
13permit and shall not be transferable or assignable.
14    In the event the Director issues a permit to establish a
15hospital the applicant shall thereafter submit plans and
16specifications to the Department in accordance with Section 8
17of this Act.
18    (b) Upon receipt of an application for license to open,
19conduct, operate, and maintain a hospital, the Director shall
20issue a license if he finds the applicant and the hospital
21facilities comply with standards, rules, and regulations
22promulgated under this Act. A license, unless sooner suspended
23or revoked, shall be renewable annually upon approval by the
24Department and payment of a license fee as established
25pursuant to Section 5 of this Act. Each license shall be issued
26only for the premises and persons named in the application and

 

 

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1shall not be transferable or assignable. Licenses shall be
2posted, either by physical or electronic means, in a
3conspicuous place on the licensed premises. The Department
4may, either before or after the issuance of a license, request
5the cooperation of the State Fire Marshal, county and multiple
6county health departments, or municipal boards of health to
7make investigations to determine if the applicant or licensee
8is complying with the minimum standards prescribed by the
9Department. The report and recommendations of any such agency
10shall be in writing and shall state with particularity its
11findings with respect to compliance or noncompliance with such
12minimum standards, rules, and regulations.
13    The Director may issue a provisional license to any
14hospital which does not substantially comply with the
15provisions of this Act and the standards, rules, and
16regulations promulgated by virtue thereof provided that he
17finds that such hospital has undertaken changes and
18corrections which upon completion will render the hospital in
19substantial compliance with the provisions of this Act, and
20the standards, rules, and regulations adopted hereunder, and
21provided that the health and safety of the patients of the
22hospital will be protected during the period for which such
23provisional license is issued. The Director shall advise the
24licensee of the conditions under which such provisional
25license is issued, including the manner in which the hospital
26facilities fail to comply with the provisions of the Act,

 

 

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1standards, rules, and regulations, and the time within which
2the changes and corrections necessary for such hospital
3facilities to substantially comply with this Act, and the
4standards, rules, and regulations of the Department relating
5thereto shall be completed.
6(Source: P.A. 98-683, eff. 6-30-14.)
 
7    (210 ILCS 85/6.14c)
8    Sec. 6.14c. Posting of information. Every hospital shall
9conspicuously post, either by physical or electronic means,
10for display in an area of its offices accessible to patients,
11employees, and visitors the following:
12        (1) its current license;
13        (2) a description, provided by the Department, of
14    complaint procedures established under this Act and the
15    name, address, and telephone number of a person authorized
16    by the Department to receive complaints;
17        (3) a list of any orders pertaining to the hospital
18    issued by the Department during the past year and any
19    court orders reviewing such Department orders issued
20    during the past year; and
21        (4) a list of the material available for public
22    inspection under Section 6.14d.
23    Each hospital shall post, either by physical or electronic
24means, in each facility that has an emergency room, a notice in
25a conspicuous location in the emergency room with information

 

 

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1about how to enroll in health insurance through the Illinois
2health insurance marketplace in accordance with Sections 1311
3and 1321 of the federal Patient Protection and Affordable Care
4Act.
5(Source: P.A. 101-117, eff. 1-1-20.)
 
6    (210 ILCS 85/10.10)
7    Sec. 10.10. Nurse Staffing by Patient Acuity.
8    (a) Findings. The Legislature finds and declares all of
9the following:
10        (1) The State of Illinois has a substantial interest
11    in promoting quality care and improving the delivery of
12    health care services.
13        (2) Evidence-based studies have shown that the basic
14    principles of staffing in the acute care setting should be
15    based on the complexity of patients' care needs aligned
16    with available nursing skills to promote quality patient
17    care consistent with professional nursing standards.
18        (3) Compliance with this Section promotes an
19    organizational climate that values registered nurses'
20    input in meeting the health care needs of hospital
21    patients.
22    (b) Definitions. As used in this Section:
23    "Acuity model" means an assessment tool selected and
24implemented by a hospital, as recommended by a nursing care
25committee, that assesses the complexity of patient care needs

 

 

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1requiring professional nursing care and skills and aligns
2patient care needs and nursing skills consistent with
3professional nursing standards.
4    "Department" means the Department of Public Health.
5    "Direct patient care" means care provided by a registered
6professional nurse with direct responsibility to oversee or
7carry out medical regimens or nursing care for one or more
8patients.
9    "Nursing care committee" means an existing or newly
10created hospital-wide committee or committees of nurses whose
11functions, in part or in whole, contribute to the development,
12recommendation, and review of the hospital's nurse staffing
13plan established pursuant to subsection (d).
14    "Registered professional nurse" means a person licensed as
15a Registered Nurse under the Nurse Practice Act.
16    "Written staffing plan for nursing care services" means a
17written plan for guiding the assignment of patient care
18nursing staff based on multiple nurse and patient
19considerations that yield minimum staffing levels for
20inpatient care units and the adopted acuity model aligning
21patient care needs with nursing skills required for quality
22patient care consistent with professional nursing standards.
23    (c) Written staffing plan.
24        (1) Every hospital shall implement a written
25    hospital-wide staffing plan, recommended by a nursing care
26    committee or committees, that provides for minimum direct

 

 

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1    care professional registered nurse-to-patient staffing
2    needs for each inpatient care unit. The written
3    hospital-wide staffing plan shall include, but need not be
4    limited to, the following considerations:
5            (A) The complexity of complete care, assessment on
6        patient admission, volume of patient admissions,
7        discharges and transfers, evaluation of the progress
8        of a patient's problems, ongoing physical assessments,
9        planning for a patient's discharge, assessment after a
10        change in patient condition, and assessment of the
11        need for patient referrals.
12            (B) The complexity of clinical professional
13        nursing judgment needed to design and implement a
14        patient's nursing care plan, the need for specialized
15        equipment and technology, the skill mix of other
16        personnel providing or supporting direct patient care,
17        and involvement in quality improvement activities,
18        professional preparation, and experience.
19            (C) Patient acuity and the number of patients for
20        whom care is being provided.
21            (D) The ongoing assessments of a unit's patient
22        acuity levels and nursing staff needed shall be
23        routinely made by the unit nurse manager or his or her
24        designee.
25            (E) The identification of additional registered
26        nurses available for direct patient care when

 

 

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

 

 

10200HB0158ham001- 34 -LRB102 10244 CPF 23250 a

1            (A) Selection, implementation, and evaluation of
2        minimum staffing levels for inpatient care units.
3            (B) Selection, implementation, and evaluation of
4        an acuity model to provide staffing flexibility that
5        aligns changing patient acuity with nursing skills
6        required.
7            (C) Selection, implementation, and evaluation of a
8        written staffing plan incorporating the items
9        described in subdivisions (c)(1) and (c)(2) of this
10        Section.
11            (D) Review the following: nurse-to-patient
12        staffing guidelines for all inpatient areas; and
13        current acuity tools and measures in use.
14        (4) A nursing care committee must address the items
15    described in subparagraphs (A) through (D) of paragraph
16    (3) semi-annually.
17    (e) Nothing in this Section 10.10 shall be construed to
18limit, alter, or modify any of the terms, conditions, or
19provisions of a collective bargaining agreement entered into
20by the hospital.
21(Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12;
2297-813, eff. 7-13-12.)
 
23    (210 ILCS 85/11.5)
24    Sec. 11.5. Uniform standards of obstetrical care
25regardless of ability to pay.

 

 

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1    (a) No hospital may promulgate policies or implement
2practices that determine differing standards of obstetrical
3care based upon a patient's source of payment or ability to pay
4for medical services.
5    (b) Each hospital shall develop a written policy statement
6reflecting the requirements of subsection (a) and shall post,
7either by physical or electronic means, written notices of
8this policy in the obstetrical admitting areas of the hospital
9by July 1, 2004. Notices posted pursuant to this Section shall
10be posted in the predominant language or languages spoken in
11the hospital's service area.
12(Source: P.A. 93-981, eff. 8-23-04.)
 
13    Section 15-10. The Language Assistance Services Act is
14amended by changing Section 15 as follows:
 
15    (210 ILCS 87/15)
16    Sec. 15. Language assistance services.
17    (a) To ensure access to health care information and
18services for limited-English-speaking or non-English-speaking
19residents and deaf residents, a health facility must do the
20following:
21        (1) Adopt and review annually a policy for providing
22    language assistance services to patients with language or
23    communication barriers. The policy shall include
24    procedures for providing, to the extent possible as

 

 

10200HB0158ham001- 36 -LRB102 10244 CPF 23250 a

1    determined by the facility, the use of an interpreter
2    whenever a language or communication barrier exists,
3    except where the patient, after being informed of the
4    availability of the interpreter service, chooses to use a
5    family member or friend who volunteers to interpret. The
6    procedures shall be designed to maximize efficient use of
7    interpreters and minimize delays in providing interpreters
8    to patients. The procedures shall insure, to the extent
9    possible as determined by the facility, that interpreters
10    are available, either on the premises or accessible by
11    telephone, 24 hours a day. The facility shall annually
12    transmit to the Department of Public Health a copy of the
13    updated policy and shall include a description of the
14    facility's efforts to insure adequate and speedy
15    communication between patients with language or
16    communication barriers and staff.
17        (2) Develop, and post, either by physical or
18    electronic means, in conspicuous locations, notices that
19    advise patients and their families of the availability of
20    interpreters, the procedure for obtaining an interpreter,
21    and the telephone numbers to call for filing complaints
22    concerning interpreter service problems, including, but
23    not limited to, a TTY number for persons who are deaf or
24    hard of hearing. The notices shall be posted, at a
25    minimum, in the emergency room, the admitting area, the
26    facility entrance, and the outpatient area. Notices shall

 

 

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1    inform patients that interpreter services are available on
2    request, shall list the languages most commonly
3    encountered at the facility for which interpreter services
4    are available, and shall instruct patients to direct
5    complaints regarding interpreter services to the
6    Department of Public Health, including the telephone
7    numbers to call for that purpose.
8        (3) Notify the facility's employees of the language
9    services available at the facility and train them on how
10    to make those language services available to patients.
11    (b) In addition, a health facility may do one or more of
12the following:
13        (1) Identify and record a patient's primary language
14    and dialect on one or more of the following: a patient
15    medical chart, hospital bracelet, bedside notice, or
16    nursing card.
17        (2) Prepare and maintain, as needed, a list of
18    interpreters who have been identified as proficient in
19    sign language according to the Interpreter for the Deaf
20    Licensure Act of 2007 and a list of the languages of the
21    population of the geographical area served by the
22    facility.
23        (3) Review all standardized written forms, waivers,
24    documents, and informational materials available to
25    patients on admission to determine which to translate into
26    languages other than English.

 

 

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1        (4) Consider providing its nonbilingual staff with
2    standardized picture and phrase sheets for use in routine
3    communications with patients who have language or
4    communication barriers.
5        (5) Develop community liaison groups to enable the
6    facility and the limited-English-speaking,
7    non-English-speaking, and deaf communities to ensure the
8    adequacy of the interpreter services.
9(Source: P.A. 98-756, eff. 7-16-14.)
 
10    Section 15-15. The Fair Patient Billing Act is amended by
11changing Section 15 as follows:
 
12    (210 ILCS 88/15)
13    Sec. 15. Patient notification.
14    (a) Each hospital shall post a sign with the following
15notice:
16         "You may be eligible for financial assistance under
17    the terms and conditions the hospital offers to qualified
18    patients. For more information contact [hospital financial
19    assistance representative]".
20    (b) The sign under subsection (a) shall be posted, either
21by physical or electronic means, conspicuously in the
22admission and registration areas of the hospital.
23    (c) The sign shall be in English, and in any other language
24that is the primary language of at least 5% of the patients

 

 

10200HB0158ham001- 39 -LRB102 10244 CPF 23250 a

1served by the hospital annually.
2    (d) Each hospital that has a website must post a notice in
3a prominent place on its website that financial assistance is
4available at the hospital, a description of the financial
5assistance application process, and a copy of the financial
6assistance application.
7    (e) Within 180 days after the effective date of this
8amendatory Act of the 102nd General Assembly, each Each
9hospital must make available information regarding financial
10assistance from the hospital in the form of either a brochure,
11an application for financial assistance, or other written or
12electronic material in the emergency room, material in the
13hospital admission, or registration area.
14(Source: P.A. 94-885, eff. 1-1-07.)
 
15    Section 15-16. The Health Care Violence Prevention Act is
16amended by changing Section 15 as follows:
 
17    (210 ILCS 160/15)
18    Sec. 15. Workplace safety.
19    (a) A health care worker who contacts law enforcement or
20files a report with law enforcement against a patient or
21individual because of workplace violence shall provide notice
22to management of the health care provider by which he or she is
23employed within 3 days after contacting law enforcement or
24filing the report.

 

 

10200HB0158ham001- 40 -LRB102 10244 CPF 23250 a

1    (b) No management of a health care provider may discourage
2a health care worker from exercising his or her right to
3contact law enforcement or file a report with law enforcement
4because of workplace violence.
5    (c) A health care provider that employs a health care
6worker shall display a notice, either by physical or
7electronic means, stating that verbal aggression will not be
8tolerated and physical assault will be reported to law
9enforcement.
10    (d) The health care provider shall offer immediate
11post-incident services for a health care worker directly
12involved in a workplace violence incident caused by patients
13or their visitors, including acute treatment and access to
14psychological evaluation.
15(Source: P.A. 100-1051, eff. 1-1-19.)
 
16    Section 15-17. The Medical Patient Rights Act is amended
17by changing Sections 3.4 and 5.2 as follows:
 
18    (410 ILCS 50/3.4)
19    Sec. 3.4. Rights of women; pregnancy and childbirth.
20    (a) In addition to any other right provided under this
21Act, every woman has the following rights with regard to
22pregnancy and childbirth:
23        (1) The right to receive health care before, during,
24    and after pregnancy and childbirth.

 

 

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1        (2) The right to receive care for her and her infant
2    that is consistent with generally accepted medical
3    standards.
4        (3) The right to choose a certified nurse midwife or
5    physician as her maternity care professional.
6        (4) The right to choose her birth setting from the
7    full range of birthing options available in her community.
8        (5) The right to leave her maternity care professional
9    and select another if she becomes dissatisfied with her
10    care, except as otherwise provided by law.
11        (6) The right to receive information about the names
12    of those health care professionals involved in her care.
13        (7) The right to privacy and confidentiality of
14    records, except as provided by law.
15        (8) The right to receive information concerning her
16    condition and proposed treatment, including methods of
17    relieving pain.
18        (9) The right to accept or refuse any treatment, to
19    the extent medically possible.
20        (10) The right to be informed if her caregivers wish
21    to enroll her or her infant in a research study in
22    accordance with Section 3.1 of this Act.
23        (11) The right to access her medical records in
24    accordance with Section 8-2001 of the Code of Civil
25    Procedure.
26        (12) The right to receive information in a language in

 

 

10200HB0158ham001- 42 -LRB102 10244 CPF 23250 a

1    which she can communicate in accordance with federal law.
2        (13) The right to receive emotional and physical
3    support during labor and birth.
4        (14) The right to freedom of movement during labor and
5    to give birth in the position of her choice, within
6    generally accepted medical standards.
7        (15) The right to contact with her newborn, except
8    where necessary care must be provided to the mother or
9    infant.
10        (16) The right to receive information about
11    breastfeeding.
12        (17) The right to decide collaboratively with
13    caregivers when she and her baby will leave the birth site
14    for home, based on their conditions and circumstances.
15        (18) The right to be treated with respect at all times
16    before, during, and after pregnancy by her health care
17    professionals.
18        (19) The right of each patient, regardless of source
19    of payment, to examine and receive a reasonable
20    explanation of her total bill for services rendered by her
21    maternity care professional or health care provider,
22    including itemized charges for specific services received.
23    Each maternity care professional or health care provider
24    shall be responsible only for a reasonable explanation of
25    those specific services provided by the maternity care
26    professional or health care provider.

 

 

10200HB0158ham001- 43 -LRB102 10244 CPF 23250 a

1    (b) The Department of Public Health, Department of
2Healthcare and Family Services, Department of Children and
3Family Services, and Department of Human Services shall post,
4either by physical or electronic means, information about
5these rights on their publicly available websites. Every
6health care provider, day care center licensed under the Child
7Care Act of 1969, Head Start, and community center shall post
8information about these rights in a prominent place and on
9their websites, if applicable.
10    (c) The Department of Public Health shall adopt rules to
11implement this Section.
12    (d) Nothing in this Section or any rules adopted under
13subsection (c) shall be construed to require a physician,
14health care professional, hospital, hospital affiliate, or
15health care provider to provide care inconsistent with
16generally accepted medical standards or available capabilities
17or resources.
18(Source: P.A. 101-445, eff. 1-1-20.)
 
19    (410 ILCS 50/5.2)
20    Sec. 5.2. Emergency room anti-discrimination notice. Every
21hospital shall post, either by physical or electronic means, a
22sign next to or in close proximity of its sign required by
23Section 489.20 (q)(1) of Title 42 of the Code of Federal
24Regulations stating the following:
25    "You have the right not to be discriminated against by the

 

 

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1hospital due to your race, color, or national origin if these
2characteristics are unrelated to your diagnosis or treatment.
3If you believe this right has been violated, please call
4(insert number for hospital grievance officer).".
5(Source: P.A. 97-485, eff. 8-22-11.)
 
6    Section 15-25. The Abandoned Newborn Infant Protection Act
7is amended by changing Section 22 as follows:
 
8    (325 ILCS 2/22)
9    Sec. 22. Signs. Every hospital, fire station, emergency
10medical facility, and police station that is required to
11accept a relinquished newborn infant in accordance with this
12Act must post, either by physical or electronic means, a sign
13in a conspicuous place on the exterior of the building housing
14the facility informing persons that a newborn infant may be
15relinquished at the facility in accordance with this Act. The
16Department shall prescribe specifications for the signs and
17for their placement that will ensure statewide uniformity.
18    This Section does not apply to a hospital, fire station,
19emergency medical facility, or police station that has a sign
20that is consistent with the requirements of this Section that
21is posted on the effective date of this amendatory Act of the
2295th General Assembly.
23(Source: P.A. 95-275, eff. 8-17-07.)
 

 

 

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1    Section 15-30. The Crime Victims Compensation Act is
2amended by changing Section 5.1 as follows:
 
3    (740 ILCS 45/5.1)  (from Ch. 70, par. 75.1)
4    Sec. 5.1. (a) Every hospital licensed under the laws of
5this State shall display prominently in its emergency room
6posters giving notification of the existence and general
7provisions of this Act. The posters may be displayed by
8physical or electronic means. Such posters shall be provided
9by the Attorney General.
10    (b) Any law enforcement agency that investigates an
11offense committed in this State shall inform the victim of the
12offense or his dependents concerning the availability of an
13award of compensation and advise such persons that any
14information concerning this Act and the filing of a claim may
15be obtained from the office of the Attorney General.
16(Source: P.A. 81-1013.)
 
17    Section 15-35. The Human Trafficking Resource Center
18Notice Act is amended by changing Sections 5 and 10 as follows:
 
19    (775 ILCS 50/5)
20    Sec. 5. Posted notice required.
21    (a) Each of the following businesses and other
22establishments shall, upon the availability of the model
23notice described in Section 15 of this Act, post a notice that

 

 

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1complies with the requirements of this Act in a conspicuous
2place near the public entrance of the establishment or in
3another conspicuous location in clear view of the public and
4employees where similar notices are customarily posted:
5        (1) On premise consumption retailer licensees under
6    the Liquor Control Act of 1934 where the sale of alcoholic
7    liquor is the principal business carried on by the
8    licensee at the premises and primary to the sale of food.
9        (2) Adult entertainment facilities, as defined in
10    Section 5-1097.5 of the Counties Code.
11        (3) Primary airports, as defined in Section 47102(16)
12    of Title 49 of the United States Code.
13        (4) Intercity passenger rail or light rail stations.
14        (5) Bus stations.
15        (6) Truck stops. For purposes of this Act, "truck
16    stop" means a privately-owned and operated facility that
17    provides food, fuel, shower or other sanitary facilities,
18    and lawful overnight truck parking.
19        (7) Emergency rooms within general acute care
20    hospitals, in which case the notice may be posted by
21    electronic means.
22        (8) Urgent care centers, in which case the notice may
23    be posted by electronic means.
24        (9) Farm labor contractors. For purposes of this Act,
25    "farm labor contractor" means: (i) any person who for a
26    fee or other valuable consideration recruits, supplies, or

 

 

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1    hires, or transports in connection therewith, into or
2    within the State, any farmworker not of the contractor's
3    immediate family to work for, or under the direction,
4    supervision, or control of, a third person; or (ii) any
5    person who for a fee or other valuable consideration
6    recruits, supplies, or hires, or transports in connection
7    therewith, into or within the State, any farmworker not of
8    the contractor's immediate family, and who for a fee or
9    other valuable consideration directs, supervises, or
10    controls all or any part of the work of the farmworker or
11    who disburses wages to the farmworker. However, "farm
12    labor contractor" does not include full-time regular
13    employees of food processing companies when the employees
14    are engaged in recruiting for the companies if those
15    employees are not compensated according to the number of
16    farmworkers they recruit.
17        (10) Privately-operated job recruitment centers.
18        (11) Massage establishments. As used in this Act,
19    "massage establishment" means a place of business in which
20    any method of massage therapy is administered or practiced
21    for compensation. "Massage establishment" does not
22    include: an establishment at which persons licensed under
23    the Medical Practice Act of 1987, the Illinois Physical
24    Therapy Act, or the Naprapathic Practice Act engage in
25    practice under one of those Acts; a business owned by a
26    sole licensed massage therapist; or a cosmetology or

 

 

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1    esthetics salon registered under the Barber, Cosmetology,
2    Esthetics, Hair Braiding, and Nail Technology Act of 1985.
3    (b) The Department of Transportation 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 place near the public entrance of
7each roadside rest area or in another conspicuous location in
8clear view of the public and employees where similar notices
9are customarily posted.
10    (c) The owner of a hotel or motel shall, upon the
11availability of the model notice described in Section 15 of
12this Act, 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 employees where similar notices
15are customarily posted.
16    (d) The organizer of a public gathering or special event
17that is conducted on property open to the public and requires
18the issuance of a permit from the unit of local government
19shall post a notice that complies with the requirements of
20this Act in a conspicuous and accessible place in or about the
21premises in clear view of the public and employees where
22similar notices are customarily posted.
23    (e) The administrator of a public or private elementary
24school or public or private secondary school shall post a
25printout of the downloadable notice provided by the Department
26of Human Services under Section 15 that complies with the

 

 

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1requirements of this Act in a conspicuous and accessible place
2chosen by the administrator in the administrative office or
3another location in view of school employees. School districts
4and personnel are not subject to the penalties provided under
5subsection (a) of Section 20.
6    (f) The owner of an establishment registered under the
7Tattoo and Body Piercing Establishment Registration Act shall
8post a notice that complies with the requirements of this Act
9in a conspicuous and accessible place in clear view of
10establishment employees.
11(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17;
12100-671, eff. 1-1-19.)
 
13    (775 ILCS 50/10)
14    Sec. 10. Form of posted notice.
15    (a) The notice required under this Act shall be at least 8
161/2 inches by 11 inches in size, written in a 16-point font,
17except that when the notice is provided by electronic means
18the size of the notice and font shall not be required to comply
19with these specifications, and shall state the following:
 
20"If you or someone you know is being forced to engage in any
21activity and cannot leave, whether it is commercial sex,
22housework, farm work, construction, factory, retail, or
23restaurant work, or any other activity, call the National
24Human Trafficking Resource Center at 1-888-373-7888 to access

 

 

10200HB0158ham001- 50 -LRB102 10244 CPF 23250 a

1help and services.
 
2Victims of slavery and human trafficking are protected under
3United States and Illinois law. The hotline is:
4        * Available 24 hours a day, 7 days a week.
5        * Toll-free.
6        * Operated by nonprofit nongovernmental organizations.
7        * Anonymous and confidential.
8        * Accessible in more than 160 languages.
9        * Able to provide help, referral to services,
10    training, and general information.".
 
11    (b) The notice shall be printed in English, Spanish, and
12in one other language that is the most widely spoken language
13in the county where the establishment is located and for which
14translation is mandated by the federal Voting Rights Act, as
15applicable. This subsection does not require a business or
16other establishment in a county where a language other than
17English or Spanish is the most widely spoken language to print
18the notice in more than one language in addition to English and
19Spanish.
20(Source: P.A. 99-99, eff. 1-1-16.)
 
21
Article 20.

 
22    Section 20-5. The University of Illinois Hospital Act is

 

 

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1amended by adding Section 8d as follows:
 
2    (110 ILCS 330/8d new)
3    Sec. 8d. N95 masks. Pursuant to and in accordance with
4applicable local, State, and federal policies, guidance and
5recommendations of public health and infection control
6authorities, and taking into consideration the limitations on
7access to N95 masks caused by disruptions in local, State,
8national, and international supply chains, the University of
9Illinois Hospital shall provide N95 masks to physicians
10licensed under the Medical Practice Act of 1987, registered
11nurses and advanced practice registered nurses licensed under
12the Nurse Licensing Act, and any other employees or
13contractual workers who provide direct patient care and who,
14pursuant to such policies, guidance, and recommendations, are
15recommended to have such a mask to safely provide such direct
16patient care within a hospital setting. Nothing in this
17Section shall be construed to impose any new duty or
18obligation on the University of Illinois Hospital or employee
19that is greater than that imposed under State and federal laws
20in effect on the effective date of this amendatory Act of the
21102nd General Assembly. This Section is repealed on December
2231, 2021.
 
23    Section 20-10. The Hospital Licensing Act is amended by
24adding Section 6.28 as follows:
 

 

 

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1    (210 ILCS 85/6.28 new)
2    Sec. 6.28. N95 masks. Pursuant to and in accordance with
3applicable local, State, and federal policies, guidance and
4recommendations of public health and infection control
5authorities, and taking into consideration the limitations on
6access to N95 masks caused by disruptions in local, State,
7national, and international supply chains, a hospital licensed
8under this Act shall provide N95 masks to physicians licensed
9under the Medical Practice Act of 1987, registered nurses and
10advanced practice registered nurses licensed under the Nurse
11Licensing Act, and any other employees or contractual workers
12who provide direct patient care and who, pursuant to such
13policies, guidance, and recommendations, are recommended to
14have such a mask to safely provide such direct patient care
15within a hospital setting. Nothing in this Section shall be
16construed to impose any new duty or obligation on the hospital
17or employee that is greater than that imposed under State and
18federal laws in effect on the effective date of this
19amendatory Act of the 102nd General Assembly. This Section is
20repealed on December 31, 2021.
 
21
Article 35.

 
22    Section 35-5. The Illinois Public Aid Code is amended by
23changing Section 5-5.05 as follows:
 

 

 

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1    (305 ILCS 5/5-5.05)
2    Sec. 5-5.05. Hospitals; psychiatric services.
3    (a) On and after July 1, 2008, the inpatient, per diem rate
4to be paid to a hospital for inpatient psychiatric services
5shall be $363.77.
6    (b) For purposes of this Section, "hospital" means the
7following:
8        (1) Advocate Christ Hospital, Oak Lawn, Illinois.
9        (2) Barnes-Jewish Hospital, St. Louis, Missouri.
10        (3) BroMenn Healthcare, Bloomington, Illinois.
11        (4) Jackson Park Hospital, Chicago, Illinois.
12        (5) Katherine Shaw Bethea Hospital, Dixon, Illinois.
13        (6) Lawrence County Memorial Hospital, Lawrenceville,
14    Illinois.
15        (7) Advocate Lutheran General Hospital, Park Ridge,
16    Illinois.
17        (8) Mercy Hospital and Medical Center, Chicago,
18    Illinois.
19        (9) Methodist Medical Center of Illinois, Peoria,
20    Illinois.
21        (10) Provena United Samaritans Medical Center,
22    Danville, Illinois.
23        (11) Rockford Memorial Hospital, Rockford, Illinois.
24        (12) Sarah Bush Lincoln Health Center, Mattoon,
25    Illinois.

 

 

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1        (13) Provena Covenant Medical Center, Urbana,
2    Illinois.
3        (14) Rush-Presbyterian-St. Luke's Medical Center,
4    Chicago, Illinois.
5        (15) Mt. Sinai Hospital, Chicago, Illinois.
6        (16) Gateway Regional Medical Center, Granite City,
7    Illinois.
8        (17) St. Mary of Nazareth Hospital, Chicago, Illinois.
9        (18) Provena St. Mary's Hospital, Kankakee, Illinois.
10        (19) St. Mary's Hospital, Decatur, Illinois.
11        (20) Memorial Hospital, Belleville, Illinois.
12        (21) Swedish Covenant Hospital, Chicago, Illinois.
13        (22) Trinity Medical Center, Rock Island, Illinois.
14        (23) St. Elizabeth Hospital, Chicago, Illinois.
15        (24) Richland Memorial Hospital, Olney, Illinois.
16        (25) St. Elizabeth's Hospital, Belleville, Illinois.
17        (26) Samaritan Health System, Clinton, Iowa.
18        (27) St. John's Hospital, Springfield, Illinois.
19        (28) St. Mary's Hospital, Centralia, Illinois.
20        (29) Loretto Hospital, Chicago, Illinois.
21        (30) Kenneth Hall Regional Hospital, East St. Louis,
22    Illinois.
23        (31) Hinsdale Hospital, Hinsdale, Illinois.
24        (32) Pekin Hospital, Pekin, Illinois.
25        (33) University of Chicago Medical Center, Chicago,
26    Illinois.

 

 

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1        (34) St. Anthony's Health Center, Alton, Illinois.
2        (35) OSF St. Francis Medical Center, Peoria, Illinois.
3        (36) Memorial Medical Center, Springfield, Illinois.
4        (37) A hospital with a distinct part unit for
5    psychiatric services that begins operating on or after
6    July 1, 2008.
7    For purposes of this Section, "inpatient psychiatric
8services" means those services provided to patients who are in
9need of short-term acute inpatient hospitalization for active
10treatment of an emotional or mental disorder.
11    (b-5) Notwithstanding any other provision of this Section,
12and subject to appropriation, the inpatient, per diem rate to
13be paid to all safety-net hospitals for inpatient psychiatric
14services on and after January 1, 2021 shall be at least $630.
15    (c) No rules shall be promulgated to implement this
16Section. For purposes of this Section, "rules" is given the
17meaning contained in Section 1-70 of the Illinois
18Administrative Procedure Act.
19    (d) This Section shall not be in effect during any period
20of time that the State has in place a fully operational
21hospital assessment plan that has been approved by the Centers
22for Medicare and Medicaid Services of the U.S. Department of
23Health and Human Services.
24    (e) On and after July 1, 2012, the Department shall reduce
25any rate of reimbursement for services or other payments or
26alter any methodologies authorized by this Code to reduce any

 

 

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1rate of reimbursement for services or other payments in
2accordance with Section 5-5e.
3(Source: P.A. 97-689, eff. 6-14-12.)
 
4
Title IV. Medical Implicit Bias

 
5
Article 45.

 
6    Section 45-5. The Department of Professional Regulation
7Law of the Civil Administrative Code of Illinois is amended by
8adding Section 2105-15.7 as follows:
 
9    (20 ILCS 2105/2105-15.7 new)
10    Sec. 2105-15.7. Implicit bias awareness training.
11    (a) As used in this Section, "health care professional"
12means a person licensed or registered by the Department of
13Financial and Professional Regulation under the following
14Acts: Medical Practice Act of 1987, Nurse Practice Act,
15Clinical Psychologist Licensing Act, Illinois Dental Practice
16Act, Illinois Optometric Practice Act of 1987, Pharmacy
17Practice Act, Illinois Physical Therapy Act, Physician
18Assistant Practice Act of 1987, Acupuncture Practice Act,
19Illinois Athletic Trainers Practice Act, Clinical Social Work
20and Social Work Practice Act, Dietitian Nutritionist Practice
21Act, Home Medical Equipment and Services Provider License Act,
22Naprapathic Practice Act, Nursing Home Administrators

 

 

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1Licensing and Disciplinary Act, Illinois Occupational Therapy
2Practice Act, Illinois Optometric Practice Act of 1987,
3Podiatric Medical Practice Act of 1987, Respiratory Care
4Practice Act, Professional Counselor and Clinical Professional
5Counselor Licensing and Practice Act, Sex Offender Evaluation
6and Treatment Provider Act, Illinois Speech-Language Pathology
7and Audiology Practice Act, Perfusionist Practice Act,
8Registered Surgical Assistant and Registered Surgical
9Technologist Title Protection Act, and Genetic Counselor
10Licensing Act.
11    (b) For license or registration renewals occurring on or
12after January 1, 2022, a health care professional who has
13continuing education requirements must complete at least a
14one-hour course in training on implicit bias awareness per
15renewal period. A health care professional may count this one
16hour for completion of this course toward meeting the minimum
17credit hours required for continuing education. Any training
18on implicit bias awareness applied to meet any other State
19licensure requirement, professional accreditation or
20certification requirement, or health care institutional
21practice agreement may count toward the one-hour requirement
22under this Section.
23    (c) The Department may adopt rules for the implementation
24of this Section.
 
25
Title V. Substance Abuse and Mental Health Treatment

 

 

 

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1
Article 50.

 
2    Section 50-5. The Illinois Controlled Substances Act is
3amended by changing Section 414 as follows:
 
4    (720 ILCS 570/414)
5    Sec. 414. Overdose; limited immunity from prosecution.
6    (a) For the purposes of this Section, "overdose" means a
7controlled substance-induced physiological event that results
8in a life-threatening emergency to the individual who
9ingested, inhaled, injected or otherwise bodily absorbed a
10controlled, counterfeit, or look-alike substance or a
11controlled substance analog.
12    (b) A person who, in good faith, seeks or obtains
13emergency medical assistance for someone experiencing an
14overdose shall not be arrested, charged, or prosecuted for a
15violation of Section 401 or 402 of the Illinois Controlled
16Substances Act, Section 3.5 of the Drug Paraphernalia Control
17Act, Section 55 or 60 of the Methamphetamine Control and
18Community Protection Act, Section 9-3.3 of the Criminal Code
19of 2012, or paragraph (1) of subsection (g) of Section 12-3.05
20of the Criminal Code of 2012 Class 4 felony possession of a
21controlled, counterfeit, or look-alike substance or a
22controlled substance analog if evidence for the violation
23Class 4 felony possession charge was acquired as a result of

 

 

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1the person seeking or obtaining emergency medical assistance
2and providing the amount of substance recovered is within the
3amount identified in subsection (d) of this Section. The
4violations listed in this subsection (b) must not serve as the
5sole basis of a violation of parole, mandatory supervised
6release, probation, or conditional discharge, or any seizure
7of property under any State law authorizing civil forfeiture
8so long as the evidence for the violation was acquired as a
9result of the person seeking or obtaining emergency medical
10assistance in the event of an overdose.
11    (c) A person who is experiencing an overdose shall not be
12arrested, charged, or prosecuted for a violation of Section
13401 or 402 of the Illinois Controlled Substances Act, Section
143.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
15the Criminal Code of 2012, or paragraph (1) of subsection (g)
16of Section 12-3.05 of the Criminal Code of 2012 Class 4 felony
17possession of a controlled, counterfeit, or look-alike
18substance or a controlled substance analog if evidence for the
19violation Class 4 felony possession charge was acquired as a
20result of the person seeking or obtaining emergency medical
21assistance and providing the amount of substance recovered is
22within the amount identified in subsection (d) of this
23Section. The violations listed in this subsection (c) must not
24serve as the sole basis of a violation of parole, mandatory
25supervised release, probation, or conditional discharge, or
26any seizure of property under any State law authorizing civil

 

 

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1forfeiture so long as the evidence for the violation was
2acquired as a result of the person seeking or obtaining
3emergency medical assistance in the event of an overdose.
4    (d) For the purposes of subsections (b) and (c), the
5limited immunity shall only apply to a person possessing the
6following amount:
7        (1) less than 3 grams of a substance containing
8    heroin;
9        (2) less than 3 grams of a substance containing
10    cocaine;
11        (3) less than 3 grams of a substance containing
12    morphine;
13        (4) less than 40 grams of a substance containing
14    peyote;
15        (5) less than 40 grams of a substance containing a
16    derivative of barbituric acid or any of the salts of a
17    derivative of barbituric acid;
18        (6) less than 40 grams of a substance containing
19    amphetamine or any salt of an optical isomer of
20    amphetamine;
21        (7) less than 3 grams of a substance containing
22    lysergic acid diethylamide (LSD), or an analog thereof;
23        (8) less than 6 grams of a substance containing
24    pentazocine or any of the salts, isomers and salts of
25    isomers of pentazocine, or an analog thereof;
26        (9) less than 6 grams of a substance containing

 

 

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1    methaqualone or any of the salts, isomers and salts of
2    isomers of methaqualone;
3        (10) less than 6 grams of a substance containing
4    phencyclidine or any of the salts, isomers and salts of
5    isomers of phencyclidine (PCP);
6        (11) less than 6 grams of a substance containing
7    ketamine or any of the salts, isomers and salts of isomers
8    of ketamine;
9        (12) less than 40 grams of a substance containing a
10    substance classified as a narcotic drug in Schedules I or
11    II, or an analog thereof, which is not otherwise included
12    in this subsection.
13    (e) The limited immunity described in subsections (b) and
14(c) of this Section shall not be extended if law enforcement
15has reasonable suspicion or probable cause to detain, arrest,
16or search the person described in subsection (b) or (c) of this
17Section for criminal activity and the reasonable suspicion or
18probable cause is based on information obtained prior to or
19independent of the individual described in subsection (b) or
20(c) taking action to seek or obtain emergency medical
21assistance and not obtained as a direct result of the action of
22seeking or obtaining emergency medical assistance. Nothing in
23this Section is intended to interfere with or prevent the
24investigation, arrest, or prosecution of any person for the
25delivery or distribution of cannabis, methamphetamine or other
26controlled substances, drug-induced homicide, or any other

 

 

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1crime if the evidence of the violation is not acquired as a
2result of the person seeking or obtaining emergency medical
3assistance in the event of an overdose.
4(Source: P.A. 97-678, eff. 6-1-12.)
 
5    Section 50-10. The Methamphetamine Control and Community
6Protection Act is amended by changing Section 115 as follows:
 
7    (720 ILCS 646/115)
8    Sec. 115. Overdose; limited immunity from prosecution.
9    (a) For the purposes of this Section, "overdose" means a
10methamphetamine-induced physiological event that results in a
11life-threatening emergency to the individual who ingested,
12inhaled, injected, or otherwise bodily absorbed
13methamphetamine.
14    (b) A person who, in good faith, seeks emergency medical
15assistance for someone experiencing an overdose shall not be
16arrested, charged or prosecuted for a violation of Section 55
17or 60 of this Act or Section 3.5 of the Drug Paraphernalia
18Control Act, Section 9-3.3 of the Criminal Code of 2012, or
19paragraph (1) of subsection (g) of Section 12-3.05 of the
20Criminal Code of 2012 Class 3 felony possession of
21methamphetamine if evidence for the violation Class 3 felony
22possession charge was acquired as a result of the person
23seeking or obtaining emergency medical assistance and
24providing the amount of substance recovered is less than 3

 

 

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

 

 

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1assistance in the event of an overdose.
2    (d) The limited immunity described in subsections (b) and
3(c) of this Section shall not be extended if law enforcement
4has reasonable suspicion or probable cause to detain, arrest,
5or search the person described in subsection (b) or (c) of this
6Section for criminal activity and the reasonable suspicion or
7probable cause is based on information obtained prior to or
8independent of the individual described in subsection (b) or
9(c) taking action to seek or obtain emergency medical
10assistance and not obtained as a direct result of the action of
11seeking or obtaining emergency medical assistance. Nothing in
12this Section is intended to interfere with or prevent the
13investigation, arrest, or prosecution of any person for the
14delivery or distribution of cannabis, methamphetamine or other
15controlled substances, drug-induced homicide, or any other
16crime if the evidence of the violation is not acquired as a
17result of the person seeking or obtaining emergency medical
18assistance in the event of an overdose.
19(Source: P.A. 97-678, eff. 6-1-12.)
 
20
Article 55.

 
21    Section 55-5. Findings. The General Assembly finds that:
22        (1) Prior to August of 2020, the federal Substance
23    Abuse and Mental Health Services Administration (SAMHSA)
24    and the federal Confidentiality of Substance Use Disorder

 

 

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1    Patient Records, set forth at 42 CFR 2, prohibited the
2    sharing of substance use disorder treatment information by
3    opioid treatment programs with prescription monitoring
4    programs.
5        (2) In August 2020, SAMHSA amended 42 CFR 2 to permit
6    the sharing of substance use disorder treatment
7    information by opioid treatment programs with prescription
8    monitoring programs if required by State law and if
9    patient consent is obtained. In light of the federal
10    modification to 42 CFR 2, the protections available under
11    federal and State law, and the express requirement of
12    patient consent, the reporting by opioid treatment
13    programs to the prescription monitoring program is
14    permitted and will allow for better coordination of care
15    among treating providers.
 
16    Section 55-10. The Illinois Controlled Substances Act is
17amended by changing Section 316 as follows:
 
18    (720 ILCS 570/316)
19    Sec. 316. Prescription Monitoring Program.
20    (a) The Department must provide for a Prescription
21Monitoring Program for Schedule II, III, IV, and V controlled
22substances that includes the following components and
23requirements:
24        (1) The dispenser must transmit to the central

 

 

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

 

 

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1        of the American Society for Automation and Pharmacy or
2        its successor.
3        (2) The information required to be transmitted under
4    this Section must be transmitted not later than the end of
5    the next business day after the date on which a controlled
6    substance is dispensed, or at such other time as may be
7    required by the Department by administrative rule.
8        (3) A dispenser must transmit the information required
9    under this Section by:
10            (A) an electronic device compatible with the
11        receiving device of the central repository;
12            (B) a computer diskette;
13            (C) a magnetic tape; or
14            (D) a pharmacy universal claim form or Pharmacy
15        Inventory Control form.
16        (3.5) The requirements of paragraphs (1), (2), and (3)
17    of this subsection (a) also apply to opioid treatment
18    programs licensed or certified by the Department of Human
19    Services' Division of Substance Use Prevention and
20    Recovery and that are authorized by the federal Drug
21    Enforcement Administration to prescribe Schedule II, III,
22    IV, or V controlled substances for the treatment of opioid
23    use disorder. Opioid treatment programs may not transmit
24    information without patient consent, and reports made may
25    not be utilized for law enforcement purposes, each as
26    proscribed by 42 CFR 2, as amended by 42 U.S.C. 290dd-2.

 

 

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1    Treatment of a patient may not be conditioned upon his or
2    her consent to reporting.
3        (4) The Department may impose a civil fine of up to
4    $100 per day for willful failure to report controlled
5    substance dispensing to the Prescription Monitoring
6    Program. The fine shall be calculated on no more than the
7    number of days from the time the report was required to be
8    made until the time the problem was resolved, and shall be
9    payable to the Prescription Monitoring Program.
10    (a-5) Notwithstanding subsection (a), a licensed
11veterinarian is exempt from the reporting requirements of this
12Section. If a person who is presenting an animal for treatment
13is suspected of fraudulently obtaining any controlled
14substance or prescription for a controlled substance, the
15licensed veterinarian shall report that information to the
16local law enforcement agency.
17    (b) The Department, by rule, may include in the
18Prescription Monitoring Program certain other select drugs
19that are not included in Schedule II, III, IV, or V. The
20Prescription Monitoring Program does not apply to controlled
21substance prescriptions as exempted under Section 313.
22    (c) The collection of data on select drugs and scheduled
23substances by the Prescription Monitoring Program may be used
24as a tool for addressing oversight requirements of long-term
25care institutions as set forth by Public Act 96-1372.
26Long-term care pharmacies shall transmit patient medication

 

 

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1profiles to the Prescription Monitoring Program monthly or
2more frequently as established by administrative rule.
3    (d) The Department of Human Services shall appoint a
4full-time Clinical Director of the Prescription Monitoring
5Program.
6    (e) (Blank).
7    (f) Within one year of January 1, 2018 (the effective date
8of Public Act 100-564), the Department shall adopt rules
9requiring all Electronic Health Records Systems to interface
10with the Prescription Monitoring Program application program
11on or before January 1, 2021 to ensure that all providers have
12access to specific patient records during the treatment of
13their patients. These rules shall also address the electronic
14integration of pharmacy records with the Prescription
15Monitoring Program to allow for faster transmission of the
16information required under this Section. The Department shall
17establish actions to be taken if a prescriber's Electronic
18Health Records System does not effectively interface with the
19Prescription Monitoring Program within the required timeline.
20    (g) The Department, in consultation with the Advisory
21Committee, shall adopt rules allowing licensed prescribers or
22pharmacists who have registered to access the Prescription
23Monitoring Program to authorize a licensed or non-licensed
24designee employed in that licensed prescriber's office or a
25licensed designee in a licensed pharmacist's pharmacy who has
26received training in the federal Health Insurance Portability

 

 

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1and Accountability Act and 42 CFR Part 2 to consult the
2Prescription Monitoring Program on their behalf. The rules
3shall include reasonable parameters concerning a
4practitioner's authority to authorize a designee, and the
5eligibility of a person to be selected as a designee. In this
6subsection (g), "pharmacist" shall include a clinical
7pharmacist employed by and designated by a Medicaid Managed
8Care Organization providing services under Article V of the
9Illinois Public Aid Code under a contract with the Department
10of Healthcare and Family Services for the sole purpose of
11clinical review of services provided to persons covered by the
12entity under the contract to determine compliance with
13subsections (a) and (b) of Section 314.5 of this Act. A managed
14care entity pharmacist shall notify prescribers of review
15activities.
16(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
17100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
187-12-19; 101-414, eff. 8-16-19.)
 
19
Article 60.

 
20    Section 60-5. The Adult Protective Services Act is amended
21by adding Section 3.1 as follows:
 
22    (320 ILCS 20/3.1 new)
23    Sec. 3.1. Adult protective services dementia training.

 

 

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1    (a) This Section shall apply to any person who is employed
2by the Department in the Adult Protective Services division
3who works on the development and implementation of social
4services to respond to and prevent adult abuse, neglect, or
5exploitation, subject to appropriation.
6    (b) The Department shall develop and implement a dementia
7training program that must include instruction on the
8identification of people with dementia, risks such as
9wandering, communication impairments, elder abuse, and the
10best practices for interacting with people with dementia.
11    (c) Initial training of 4 hours shall be completed at the
12start of employment with the Adult Protective Services
13division and shall cover the following:
14        (1) Dementia, psychiatric, and behavioral symptoms.
15        (2) Communication issues, including how to communicate
16    respectfully and effectively.
17        (3) Techniques for understanding and approaching
18    behavioral symptoms.
19        (4) Information on how to address specific aspects of
20    safety, for example tips to prevent wandering.
21        (5) When it is necessary to alert law enforcement
22    agencies of potential criminal behavior involving a family
23    member, caretaker, or institutional abuse; neglect or
24    exploitation of a person with dementia; and what types of
25    abuse that are most common to people with dementia.
26        (6) Identifying incidents of self-neglect for people

 

 

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1    with dementia who live alone as well as neglect by a
2    caregiver.
3        (7) Protocols for connecting people living with
4    dementia to local care resources and professionals who are
5    skilled in dementia care to encourage cross-referral and
6    reporting regarding incidents of abuse.
7    (d) Annual continuing education shall include 2 hours of
8dementia training covering the subjects described in
9subsection (c).
10    (e) This Section is designed to address gaps in current
11dementia training requirements for Adult Protective Services
12officials and improve the quality of training. If currently
13existing law or rules contain more rigorous training
14requirements for Adult Protective Service officials, those
15laws or rules shall apply. Where there is overlap between this
16Section and other laws and rules, the Department shall
17interpret this Section to avoid duplication of requirements
18while ensuring that the minimum requirements set in this
19Section are met.
20    (f) The Department may adopt rules for the administration
21of this Section.
 
22
Article 65.

 
23    Section 65-1. Short title. This Article may be cited as
24the Behavioral Health Workforce Education Center of Illinois

 

 

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1Act. References in this Article to "this Act" mean this
2Article.
 
3    Section 65-5. Findings. The General Assembly finds as
4follows:
5        (1) There are insufficient behavioral health
6    professionals in this State's behavioral health workforce
7    and further that there are insufficient behavioral health
8    professionals trained in evidence-based practices.
9        (2) The Illinois behavioral health workforce situation
10    is at a crisis state and the lack of a behavioral health
11    strategy is exacerbating the problem.
12        (3) In 2019, the Journal of Community Health found
13    that suicide rates are disproportionately higher among
14    African American adolescents. From 2001 to 2017, the rate
15    for African American teen boys rose 60%, according to the
16    study. Among African American teen girls, rates nearly
17    tripled, rising by an astounding 182%. Illinois was among
18    the 10 states with the greatest number of African American
19    adolescent suicides (2015-2017).
20        (4) Workforce shortages are evident in all behavioral
21    health professions, including, but not limited to,
22    psychiatry, psychiatric nursing, psychiatric physician
23    assistant, social work (licensed social work, licensed
24    clinical social work), counseling (licensed professional
25    counseling, licensed clinical professional counseling),

 

 

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1    marriage and family therapy, licensed clinical psychology,
2    occupational therapy, prevention, substance use disorder
3    counseling, and peer support.
4        (5) The shortage of behavioral health practitioners
5    affects every Illinois county, every group of people with
6    behavioral health needs, including children and
7    adolescents, justice-involved populations, working
8    adults, people experiencing homelessness, veterans, and
9    older adults, and every health care and social service
10    setting, from residential facilities and hospitals to
11    community-based organizations and primary care clinics.
12        (6) Estimates of unmet needs consistently highlight
13    the dire situation in Illinois. Mental Health America
14    ranks Illinois 29th in the country in mental health
15    workforce availability based on its 480-to-1 ratio of
16    population to mental health professionals, and the Kaiser
17    Family Foundation estimates that only 23.3% of
18    Illinoisans' mental health needs can be met with its
19    current workforce.
20        (7) Shortages are especially acute in rural areas and
21    among low-income and under-insured individuals and
22    families. 30.3% of Illinois' rural hospitals are in
23    designated primary care shortage areas and 93.7% are in
24    designated mental health shortage areas. Nationally, 40%
25    of psychiatrists work in cash-only practices, limiting
26    access for those who cannot afford high out-of-pocket

 

 

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1    costs, especially Medicaid eligible individuals and
2    families.
3        (8) Spanish-speaking therapists in suburban Cook
4    County, as well as in immigrant new growth communities
5    throughout the State, for example, and master's-prepared
6    social workers in rural communities are especially
7    difficult to recruit and retain.
8        (9) Illinois' shortage of psychiatrists specializing
9    in serving children and adolescents is also severe.
10    Eighty-one out of 102 Illinois counties have no child and
11    adolescent psychiatrists, and the remaining 21 counties
12    have only 310 child and adolescent psychiatrists for a
13    population of 2,450,000 children.
14        (10) Only 38.9% of the 121,000 Illinois youth aged 12
15    through 17 who experienced a major depressive episode
16    received care.
17        (11) An annual average of 799,000 people in Illinois
18    aged 12 and older need but do not receive substance use
19    disorder treatment at specialty facilities.
20        (12) According to the Statewide Semiannual Opioid
21    Report, Illinois Department of Public Health, September
22    2020, the number of opioid deaths in Illinois has
23    increased 3% from 2,167 deaths in 2018 to 2,233 deaths in
24    2019.
25        (13) Behavioral health workforce shortages have led to
26    well-documented problems of long wait times for

 

 

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1    appointments with psychiatrists (4 to 6 months in some
2    cases), high turnover, and unfilled vacancies for social
3    workers and other behavioral health professionals that
4    have eroded the gains in insurance coverage for mental
5    illness and substance use disorder under the federal
6    Affordable Care Act and parity laws.
7        (14) As a result, individuals with mental illness or
8    substance use disorders end up in hospital emergency
9    rooms, which are the most expensive level of care, or are
10    incarcerated and do not receive adequate care, if any.
11        (15) There are many organizations and institutions
12    that are affected by behavioral health workforce
13    shortages, but no one entity is responsible for monitoring
14    the workforce supply and intervening to ensure it can
15    effectively meet behavioral health needs throughout the
16    State.
17        (16) Workforce shortages are more complex than simple
18    numerical shortfalls. Identifying the optimal number,
19    type, and location of behavioral health professionals to
20    meet the differing needs of Illinois' diverse regions and
21    populations across the lifespan is a difficult logistical
22    problem at the system and practice level that requires
23    coordinated efforts in research, education, service
24    delivery, and policy.
25        (17) This State has a compelling and substantial
26    interest in building a pipeline for behavioral health

 

 

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1    professionals and to anchor research and education for
2    behavioral health workforce development. Beginning with
3    the proposed Behavioral Health Workforce Education Center
4    of Illinois, Illinois has the chance to develop a
5    blueprint to be a national leader in behavioral health
6    workforce development.
7        (18) The State must act now to improve the ability of
8    its residents to achieve their human potential and to live
9    healthy, productive lives by reducing the misery and
10    suffering with unmet behavioral health needs.
 
11    Section 65-10. Behavioral Health Workforce Education
12Center of Illinois.
13    (a) The Behavioral Health Workforce Education Center of
14Illinois is created and shall be administered by a teaching,
15research, or both teaching and research public institution of
16higher education in this State. Subject to appropriation, the
17Center shall be operational on or before July 1, 2022.
18    (b) The Behavioral Health Workforce Education Center of
19Illinois shall leverage workforce and behavioral health
20resources, including, but not limited to, State, federal, and
21foundation grant funding, federal Workforce Investment Act of
221998 programs, the National Health Service Corps and other
23nongraduate medical education physician workforce training
24programs, and existing behavioral health partnerships, and
25align with reforms in Illinois.
 

 

 

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1    Section 65-15. Structure.
2    (a) The Behavioral Health Workforce Education Center of
3Illinois shall be structured as a multisite model, and the
4administering public institution of higher education shall
5serve as the hub institution, complemented by secondary
6regional hubs, namely academic institutions, that serve rural
7and small urban areas and at least one academic institution
8serving a densely urban municipality with more than 1,000,000
9inhabitants.
10    (b) The Behavioral Health Workforce Education Center of
11Illinois shall be located within one academic institution and
12shall be tasked with a convening and coordinating role for
13workforce research and planning, including monitoring progress
14toward Center goals.
15    (c) The Behavioral Health Workforce Education Center of
16Illinois shall also coordinate with key State agencies
17involved in behavioral health, workforce development, and
18higher education in order to leverage disparate resources from
19health care, workforce, and economic development programs in
20Illinois government.
 
21    Section 65-20. Duties. The Behavioral Health Workforce
22Education Center of Illinois shall perform the following
23duties:
24        (1) Organize a consortium of universities in

 

 

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1    partnerships with providers, school districts, law
2    enforcement, consumers and their families, State agencies,
3    and other stakeholders to implement workforce development
4    concepts and strategies in every region of this State.
5        (2) Be responsible for developing and implementing a
6    strategic plan for the recruitment, education, and
7    retention of a qualified, diverse, and evolving behavioral
8    health workforce in this State. Its planning and
9    activities shall include:
10            (A) convening and organizing vested stakeholders
11        spanning government agencies, clinics, behavioral
12        health facilities, prevention programs, hospitals,
13        schools, jails, prisons and juvenile justice, police
14        and emergency medical services, consumers and their
15        families, and other stakeholders;
16            (B) collecting and analyzing data on the
17        behavioral health workforce in Illinois, with detailed
18        information on specialties, credentials, additional
19        qualifications (such as training or experience in
20        particular models of care), location of practice, and
21        demographic characteristics, including age, gender,
22        race and ethnicity, and languages spoken;
23            (C) building partnerships with school districts,
24        public institutions of higher education, and workforce
25        investment agencies to create pipelines to behavioral
26        health careers from high schools and colleges,

 

 

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1        pathways to behavioral health specialization among
2        health professional students, and expanded behavioral
3        health residency and internship opportunities for
4        graduates;
5            (D) evaluating and disseminating information about
6        evidence-based practices emerging from research
7        regarding promising modalities of treatment, care
8        coordination models, and medications;
9            (E) developing systems for tracking the
10        utilization of evidence-based practices that most
11        effectively meet behavioral health needs; and
12            (F) providing technical assistance to support
13        professional training and continuing education
14        programs that provide effective training in
15        evidence-based behavioral health practices.
16        (3) Coordinate data collection and analysis, including
17    systematic tracking of the behavioral health workforce and
18    datasets that support workforce planning for an
19    accessible, high-quality behavioral health system. In the
20    medium to long-term, the Center shall develop Illinois
21    behavioral workforce data capacity by:
22            (A) filling gaps in workforce data by collecting
23        information on specialty, training, and qualifications
24        for specific models of care, demographic
25        characteristics, including gender, race, ethnicity,
26        and languages spoken, and participation in public and

 

 

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1        private insurance networks;
2            (B) identifying the highest priority geographies,
3        populations, and occupations for recruitment and
4        training;
5            (C) monitoring the incidence of behavioral health
6        conditions to improve estimates of unmet need; and
7            (D) compiling up-to-date, evidence-based
8        practices, monitoring utilization, and aligning
9        training resources to improve the uptake of the most
10        effective practices.
11        (4) Work to grow and advance peer and parent-peer
12    workforce development by:
13            (A) assessing the credentialing and reimbursement
14        processes and recommending reforms;
15            (B) evaluating available peer-parent training
16        models, choosing a model that meets Illinois' needs,
17        and working with partners to implement it universally
18        in child-serving programs throughout this State; and
19            (C) including peer recovery specialists and
20        parent-peer support professionals in interdisciplinary
21        training programs.
22        (5) Focus on the training of behavioral health
23    professionals in telehealth techniques, including taking
24    advantage of a telehealth network that exists, and other
25    innovative means of care delivery in order to increase
26    access to behavioral health services for all persons

 

 

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1    within this State.
2        (6) No later than December 1 of every odd-numbered
3    year, prepare a report of its activities under this Act.
4    The report shall be filed electronically with the General
5    Assembly, as provided under Section 3.1 of the General
6    Assembly Organization Act, and shall be provided
7    electronically to any member of the General Assembly upon
8    request.
 
9    Section 65-25. Selection process.
10    (a) No later than 90 days after the effective date of this
11Act, the Board of Higher Education shall select a public
12institution of higher education, with input and assistance
13from the Division of Mental Health of the Department of Human
14Services, to administer the Behavioral Health Workforce
15Education Center of Illinois.
16    (b) The selection process shall articulate the principles
17of the Behavioral Health Workforce Education Center of
18Illinois, not inconsistent with this Act.
19    (c) The Board of Higher Education, with input and
20assistance from the Division of Mental Health of the
21Department of Human Services, shall make its selection of a
22public institution of higher education based on its ability
23and willingness to execute the following tasks:
24        (1) Convening academic institutions providing
25    behavioral health education to:

 

 

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1            (A) develop curricula to train future behavioral
2        health professionals in evidence-based practices that
3        meet the most urgent needs of Illinois' residents;
4            (B) build capacity to provide clinical training
5        and supervision; and
6            (C) facilitate telehealth services to every region
7        of the State.
8        (2) Functioning as a clearinghouse for research,
9    education, and training efforts to identify and
10    disseminate evidence-based practices across the State.
11        (3) Leveraging financial support from grants and
12    social impact loan funds.
13        (4) Providing infrastructure to organize regional
14    behavioral health education and outreach. As budgets
15    allow, this shall include conference and training space,
16    research and faculty staff time, telehealth, and distance
17    learning equipment.
18        (5) Working with regional hubs that assess and serve
19    the workforce needs of specific, well-defined regions and
20    specialize in specific research and training areas, such
21    as telehealth or mental health-criminal justice
22    partnerships, for which the regional hub can serve as a
23    statewide leader.
24    (d) The Board of Higher Education may adopt such rules as
25may be necessary to implement and administer this Section.
 

 

 

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1
Title VI. Access to Health Care

 
2
Article 70.

 
3    Section 70-5. The Use Tax Act is amended by changing
4Section 3-10 as follows:
 
5    (35 ILCS 105/3-10)
6    Sec. 3-10. Rate of tax. Unless otherwise provided in this
7Section, the tax imposed by this Act is at the rate of 6.25% of
8either the selling price or the fair market value, if any, of
9the tangible personal property. In all cases where property
10functionally used or consumed is the same as the property that
11was purchased at retail, then the tax is imposed on the selling
12price of the property. In all cases where property
13functionally used or consumed is a by-product or waste product
14that has been refined, manufactured, or produced from property
15purchased at retail, then the tax is imposed on the lower of
16the fair market value, if any, of the specific property so used
17in this State or on the selling price of the property purchased
18at retail. For purposes of this Section "fair market value"
19means the price at which property would change hands between a
20willing buyer and a willing seller, neither being under any
21compulsion to buy or sell and both having reasonable knowledge
22of the relevant facts. The fair market value shall be
23established by Illinois sales by the taxpayer of the same

 

 

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1property as that functionally used or consumed, or if there
2are no such sales by the taxpayer, then comparable sales or
3purchases of property of like kind and character in Illinois.
4    Beginning on July 1, 2000 and through December 31, 2000,
5with respect to motor fuel, as defined in Section 1.1 of the
6Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
7the Use Tax Act, the tax is imposed at the rate of 1.25%.
8    Beginning on August 6, 2010 through August 15, 2010, with
9respect to sales tax holiday items as defined in Section 3-6 of
10this Act, the tax is imposed at the rate of 1.25%.
11    With respect to gasohol, the tax imposed by this Act
12applies to (i) 70% of the proceeds of sales made on or after
13January 1, 1990, and before July 1, 2003, (ii) 80% of the
14proceeds of sales made on or after July 1, 2003 and on or
15before July 1, 2017, and (iii) 100% of the proceeds of sales
16made thereafter. If, at any time, however, the tax under this
17Act on sales of gasohol is imposed at the rate of 1.25%, then
18the tax imposed by this Act applies to 100% of the proceeds of
19sales of gasohol made during that time.
20    With respect to majority blended ethanol fuel, the tax
21imposed by this Act does not apply to the proceeds of sales
22made on or after July 1, 2003 and on or before December 31,
232023 but applies to 100% of the proceeds of sales made
24thereafter.
25    With respect to biodiesel blends with no less than 1% and
26no more than 10% biodiesel, the tax imposed by this Act applies

 

 

10200HB0158ham001- 86 -LRB102 10244 CPF 23250 a

1to (i) 80% of the proceeds of sales made on or after July 1,
22003 and on or before December 31, 2018 and (ii) 100% of the
3proceeds of sales made thereafter. If, at any time, however,
4the tax under this Act on sales of biodiesel blends with no
5less than 1% and no more than 10% biodiesel is imposed at the
6rate of 1.25%, then the tax imposed by this Act applies to 100%
7of the proceeds of sales of biodiesel blends with no less than
81% and no more than 10% biodiesel made during that time.
9    With respect to 100% biodiesel and biodiesel blends with
10more than 10% but no more than 99% biodiesel, the tax imposed
11by this Act does not apply to the proceeds of sales made on or
12after July 1, 2003 and on or before December 31, 2023 but
13applies to 100% of the proceeds of sales made thereafter.
14    With respect to food for human consumption that is to be
15consumed off the premises where it is sold (other than
16alcoholic beverages, food consisting of or infused with adult
17use cannabis, soft drinks, and food that has been prepared for
18immediate consumption) and prescription and nonprescription
19medicines, drugs, medical appliances, products classified as
20Class III medical 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,

 

 

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

 

 

10200HB0158ham001- 88 -LRB102 10244 CPF 23250 a

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

 

 

10200HB0158ham001- 89 -LRB102 10244 CPF 23250 a

1label includes:
2        (A) A "Drug Facts" panel; or
3        (B) A statement of the "active ingredient(s)" with a
4    list of those ingredients contained in the compound,
5    substance or preparation.
6    Beginning on the effective date of this amendatory Act of
7the 98th General Assembly, "prescription and nonprescription
8medicines and drugs" includes medical cannabis purchased from
9a registered dispensing organization under the Compassionate
10Use of Medical Cannabis Program Act.
11    As used in this Section, "adult use cannabis" means
12cannabis subject to tax under the Cannabis Cultivation
13Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
14and does not include cannabis subject to tax under the
15Compassionate Use of Medical Cannabis Program Act.
16    If the property that is purchased at retail from a
17retailer is acquired outside Illinois and used outside
18Illinois before being brought to Illinois for use here and is
19taxable under this Act, the "selling price" on which the tax is
20computed shall be reduced by an amount that represents a
21reasonable allowance for depreciation for the period of prior
22out-of-state use.
23(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
24101-593, eff. 12-4-19.)
 
25    Section 70-10. The Service Use Tax Act is amended by

 

 

10200HB0158ham001- 90 -LRB102 10244 CPF 23250 a

1changing Section 3-10 as follows:
 
2    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
3    Sec. 3-10. Rate of tax. Unless otherwise provided in this
4Section, the tax imposed by this Act is at the rate of 6.25% of
5the selling price of tangible personal property transferred as
6an incident to the sale of service, but, for the purpose of
7computing this tax, in no event shall the selling price be less
8than the cost price of the property to the serviceman.
9    Beginning on July 1, 2000 and through December 31, 2000,
10with respect to motor fuel, as defined in Section 1.1 of the
11Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
12the Use Tax Act, the tax is imposed at the rate of 1.25%.
13    With respect to gasohol, as defined in the Use Tax Act, the
14tax imposed by this Act applies to (i) 70% of the selling price
15of property transferred as an incident to the sale of service
16on or after January 1, 1990, and before July 1, 2003, (ii) 80%
17of the selling price of property transferred as an incident to
18the sale of service on or after July 1, 2003 and on or before
19July 1, 2017, and (iii) 100% of the selling price thereafter.
20If, at any time, however, the tax under this Act on sales of
21gasohol, as defined in the Use Tax Act, is imposed at the rate
22of 1.25%, then the tax imposed by this Act applies to 100% of
23the proceeds of sales of gasohol made during that time.
24    With respect to majority blended ethanol fuel, as defined
25in the Use Tax Act, the tax imposed by this Act does not apply

 

 

10200HB0158ham001- 91 -LRB102 10244 CPF 23250 a

1to the selling price of property transferred as an incident to
2the sale of service on or after July 1, 2003 and on or before
3December 31, 2023 but applies to 100% of the selling price
4thereafter.
5    With respect to biodiesel blends, as defined in the Use
6Tax Act, with no less than 1% and no more than 10% biodiesel,
7the tax imposed by this Act applies to (i) 80% of the selling
8price of property transferred as an incident to the sale of
9service on or after July 1, 2003 and on or before December 31,
102018 and (ii) 100% of the proceeds of the selling price
11thereafter. If, at any time, however, the tax under this Act on
12sales of biodiesel blends, as defined in the Use Tax Act, with
13no less than 1% and no more than 10% biodiesel is imposed at
14the rate of 1.25%, then the tax imposed by this Act applies to
15100% of the proceeds of sales of biodiesel blends with no less
16than 1% and no more than 10% biodiesel made during that time.
17    With respect to 100% biodiesel, as defined in the Use Tax
18Act, and biodiesel blends, as defined in the Use Tax Act, with
19more than 10% but no more than 99% biodiesel, the tax imposed
20by this Act does not apply to the proceeds of the selling price
21of property transferred as an incident to the sale of service
22on or after July 1, 2003 and on or before December 31, 2023 but
23applies to 100% of the selling price thereafter.
24    At the election of any registered serviceman made for each
25fiscal year, sales of service in which the aggregate annual
26cost price of tangible personal property transferred as an

 

 

10200HB0158ham001- 92 -LRB102 10244 CPF 23250 a

1incident to the sales of service is less than 35%, or 75% in
2the case of servicemen transferring prescription drugs or
3servicemen engaged in graphic arts production, of the
4aggregate annual total gross receipts from all sales of
5service, the tax imposed by this Act shall be based on the
6serviceman's cost price of the tangible personal property
7transferred as an incident to the sale of those services.
8    The tax shall be imposed at the rate of 1% on food prepared
9for immediate consumption and transferred incident to a sale
10of service subject to this Act or the Service Occupation Tax
11Act by an entity licensed under the Hospital Licensing Act,
12the Nursing Home Care Act, the ID/DD Community Care Act, the
13MC/DD Act, the Specialized Mental Health Rehabilitation Act of
142013, or the Child Care Act of 1969. The tax shall also be
15imposed at the rate of 1% on food for human consumption that is
16to be consumed off the premises where it is sold (other than
17alcoholic beverages, food consisting of or infused with adult
18use cannabis, soft drinks, and food that has been prepared for
19immediate consumption and is not otherwise included in this
20paragraph) and prescription and nonprescription medicines,
21drugs, medical appliances, products classified as Class III
22medical devices by the United States Food and Drug
23Administration that are used for cancer treatment pursuant to
24a prescription, as well as any accessories and components
25related to those devices, modifications to a motor vehicle for
26the purpose of rendering it usable by a person with a

 

 

10200HB0158ham001- 93 -LRB102 10244 CPF 23250 a

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

 

 

10200HB0158ham001- 94 -LRB102 10244 CPF 23250 a

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

 

 

10200HB0158ham001- 95 -LRB102 10244 CPF 23250 a

1as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
2label includes:
3        (A) A "Drug Facts" panel; or
4        (B) A statement of the "active ingredient(s)" with a
5    list of those ingredients contained in the compound,
6    substance or preparation.
7    Beginning on January 1, 2014 (the effective date of Public
8Act 98-122), "prescription and nonprescription medicines and
9drugs" includes medical cannabis purchased from a registered
10dispensing organization under the Compassionate Use of Medical
11Cannabis Program Act.
12    As used in this Section, "adult use cannabis" means
13cannabis subject to tax under the Cannabis Cultivation
14Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
15and does not include cannabis subject to tax under the
16Compassionate Use of Medical Cannabis Program Act.
17    If the property that is acquired from a serviceman is
18acquired outside Illinois and used outside Illinois before
19being brought to Illinois for use here and is taxable under
20this Act, the "selling price" on which the tax is computed
21shall be reduced by an amount that represents a reasonable
22allowance for depreciation for the period of prior
23out-of-state use.
24(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
25101-593, eff. 12-4-19.)
 

 

 

10200HB0158ham001- 96 -LRB102 10244 CPF 23250 a

1    Section 70-15. The Service Occupation Tax Act is amended
2by changing Section 3-10 as follows:
 
3    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
4    Sec. 3-10. Rate of tax. Unless otherwise provided in this
5Section, the tax imposed by this Act is at the rate of 6.25% of
6the "selling price", as defined in Section 2 of the Service Use
7Tax Act, of the tangible personal property. For the purpose of
8computing this tax, in no event shall the "selling price" be
9less than the cost price to the serviceman of the tangible
10personal property transferred. The selling price of each item
11of tangible personal property transferred as an incident of a
12sale of service may be shown as a distinct and separate item on
13the serviceman's billing to the service customer. If the
14selling price is not so shown, the selling price of the
15tangible personal property is deemed to be 50% of the
16serviceman's entire billing to the service customer. When,
17however, a serviceman contracts to design, develop, and
18produce special order machinery or equipment, the tax imposed
19by this Act shall be based on the serviceman's cost price of
20the tangible personal property transferred incident to the
21completion of the contract.
22    Beginning on July 1, 2000 and through December 31, 2000,
23with respect to motor fuel, as defined in Section 1.1 of the
24Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
25the Use Tax Act, the tax is imposed at the rate of 1.25%.

 

 

10200HB0158ham001- 97 -LRB102 10244 CPF 23250 a

1    With respect to gasohol, as defined in the Use Tax Act, the
2tax imposed by this Act shall apply to (i) 70% of the cost
3price of property transferred as an incident to the sale of
4service on or after January 1, 1990, and before July 1, 2003,
5(ii) 80% of the selling price of property transferred as an
6incident to the sale of service on or after July 1, 2003 and on
7or before July 1, 2017, and (iii) 100% of the cost price
8thereafter. If, at any time, however, the tax under this Act on
9sales of gasohol, as defined in the Use Tax Act, is imposed at
10the rate of 1.25%, then the tax imposed by this Act applies to
11100% of the proceeds of sales of gasohol made during that time.
12    With respect to majority blended ethanol fuel, as defined
13in the Use Tax Act, the tax imposed by this Act does not apply
14to the selling price of property transferred as an incident to
15the sale of service on or after July 1, 2003 and on or before
16December 31, 2023 but applies to 100% of the selling price
17thereafter.
18    With respect to biodiesel blends, as defined in the Use
19Tax Act, with no less than 1% and no more than 10% biodiesel,
20the tax imposed by this Act applies to (i) 80% of the selling
21price of property transferred as an incident to the sale of
22service on or after July 1, 2003 and on or before December 31,
232018 and (ii) 100% of the proceeds of the selling price
24thereafter. If, at any time, however, the tax under this Act on
25sales of biodiesel blends, as defined in the Use Tax Act, with
26no less than 1% and no more than 10% biodiesel is imposed at

 

 

10200HB0158ham001- 98 -LRB102 10244 CPF 23250 a

1the rate of 1.25%, then the tax imposed by this Act applies to
2100% of the proceeds of sales of biodiesel blends with no less
3than 1% and no more than 10% biodiesel made during that time.
4    With respect to 100% biodiesel, as defined in the Use Tax
5Act, and biodiesel blends, as defined in the Use Tax Act, with
6more than 10% but no more than 99% biodiesel material, the tax
7imposed by this Act does not apply to the proceeds of the
8selling price of property transferred as an incident to the
9sale of service on or after July 1, 2003 and on or before
10December 31, 2023 but applies to 100% of the selling price
11thereafter.
12    At the election of any registered serviceman made for each
13fiscal year, sales of service in which the aggregate annual
14cost price of tangible personal property transferred as an
15incident to the sales of service is less than 35%, or 75% in
16the case of servicemen transferring prescription drugs or
17servicemen engaged in graphic arts production, of the
18aggregate annual total gross receipts from all sales of
19service, the tax imposed by this Act shall be based on the
20serviceman's cost price of the tangible personal property
21transferred incident to the sale of those services.
22    The tax shall be imposed at the rate of 1% on food prepared
23for immediate consumption and transferred incident to a sale
24of service subject to this Act or the Service Occupation Tax
25Act by an entity licensed under the Hospital Licensing Act,
26the Nursing Home Care Act, the ID/DD Community Care Act, the

 

 

10200HB0158ham001- 99 -LRB102 10244 CPF 23250 a

1MC/DD Act, the Specialized Mental Health Rehabilitation Act of
22013, or the Child Care Act of 1969. The tax shall also be
3imposed at the rate of 1% on food for human consumption that is
4to be consumed off the premises where it is sold (other than
5alcoholic beverages, food consisting of or infused with adult
6use cannabis, soft drinks, and food that has been prepared for
7immediate consumption and is not otherwise included in this
8paragraph) and prescription and nonprescription medicines,
9drugs, medical appliances, products classified as Class III
10medical devices by the United States Food and Drug
11Administration that are used for cancer treatment pursuant to
12a prescription, as well as any accessories and components
13related to those devices, modifications to a motor vehicle for
14the purpose of rendering it usable by a person with a
15disability, and insulin, blood sugar urine testing materials,
16syringes, and needles used by human diabetics, for human use.
17For the purposes of this Section, until September 1, 2009: the
18term "soft drinks" means any complete, finished, ready-to-use,
19non-alcoholic drink, whether carbonated or not, including but
20not limited to soda water, cola, fruit juice, vegetable juice,
21carbonated water, and all other preparations commonly known as
22soft drinks of whatever kind or description that are contained
23in any closed or sealed can, carton, or container, regardless
24of size; but "soft drinks" does not include coffee, tea,
25non-carbonated water, infant formula, milk or milk products as
26defined in the Grade A Pasteurized Milk and Milk Products Act,

 

 

10200HB0158ham001- 100 -LRB102 10244 CPF 23250 a

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

 

 

10200HB0158ham001- 101 -LRB102 10244 CPF 23250 a

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

 

 

10200HB0158ham001- 102 -LRB102 10244 CPF 23250 a

1cannabis subject to tax under the Cannabis Cultivation
2Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
3and does not include cannabis subject to tax under the
4Compassionate Use of Medical Cannabis Program Act.
5(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
6101-593, eff. 12-4-19.)
 
7    Section 70-20. The Retailers' Occupation Tax Act is
8amended by changing Section 2-10 as follows:
 
9    (35 ILCS 120/2-10)
10    Sec. 2-10. Rate of tax. Unless otherwise provided in this
11Section, the tax imposed by this Act is at the rate of 6.25% of
12gross receipts from sales of tangible personal property made
13in the course of business.
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 2-8 of
20this Act, the tax is imposed at the rate of 1.25%.
21    Within 14 days after the effective date of this amendatory
22Act of the 91st General Assembly, each retailer of motor fuel
23and gasohol shall cause the following notice to be posted in a
24prominently visible place on each retail dispensing device

 

 

10200HB0158ham001- 103 -LRB102 10244 CPF 23250 a

1that is used to dispense motor fuel or gasohol in the State of
2Illinois: "As of July 1, 2000, the State of Illinois has
3eliminated the State's share of sales tax on motor fuel and
4gasohol through December 31, 2000. The price on this pump
5should reflect the elimination of the tax." The notice shall
6be printed in bold print on a sign that is no smaller than 4
7inches by 8 inches. The sign shall be clearly visible to
8customers. Any retailer who fails to post or maintain a
9required sign through December 31, 2000 is guilty of a petty
10offense for which the fine shall be $500 per day per each
11retail premises where a violation occurs.
12    With respect to gasohol, as defined in the Use Tax Act, the
13tax imposed by this Act applies to (i) 70% of the proceeds of
14sales made on or after January 1, 1990, and before July 1,
152003, (ii) 80% of the proceeds of sales made on or after July
161, 2003 and on or before July 1, 2017, and (iii) 100% of the
17proceeds of sales made thereafter. If, at any time, however,
18the tax under this Act on sales of gasohol, as defined in the
19Use Tax Act, is imposed at the rate of 1.25%, then the tax
20imposed by this Act applies to 100% of the proceeds of sales of
21gasohol 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 proceeds of sales made on or after July 1, 2003 and on
25or before December 31, 2023 but applies to 100% of the proceeds
26of sales made thereafter.

 

 

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1    With respect to biodiesel blends, as defined in the Use
2Tax Act, with no less than 1% and no more than 10% biodiesel,
3the tax imposed by this Act applies to (i) 80% of the proceeds
4of sales made on or after July 1, 2003 and on or before
5December 31, 2018 and (ii) 100% of the proceeds of sales made
6thereafter. If, at any time, however, the tax under this Act on
7sales of biodiesel blends, as defined in the Use Tax Act, with
8no less than 1% and no more than 10% biodiesel is imposed at
9the rate of 1.25%, then the tax imposed by this Act applies to
10100% of the proceeds of sales of biodiesel blends with no less
11than 1% and no more than 10% biodiesel made during that time.
12    With respect to 100% biodiesel, as defined in the Use Tax
13Act, and biodiesel blends, as defined in the Use Tax Act, with
14more than 10% but no more than 99% biodiesel, the tax imposed
15by this Act does not apply to the proceeds of sales made on or
16after July 1, 2003 and on or before December 31, 2023 but
17applies to 100% of the proceeds of sales made thereafter.
18    With respect to food for human consumption that is to be
19consumed off the premises where it is sold (other than
20alcoholic beverages, food consisting of or infused with adult
21use cannabis, soft drinks, and food that has been prepared for
22immediate consumption) and prescription and nonprescription
23medicines, drugs, medical appliances, products classified as
24Class III medical devices by the United States Food and Drug
25Administration that are used for cancer treatment pursuant to
26a prescription, as well as any accessories and components

 

 

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

 

 

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

 

 

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1definition of "over-the-counter-drugs". For the purposes of
2this paragraph, "over-the-counter-drug" means a drug for human
3use that contains a label that identifies the product as a drug
4as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
5label includes:
6        (A) A "Drug Facts" panel; or
7        (B) A statement of the "active ingredient(s)" with a
8    list of those ingredients contained in the compound,
9    substance or preparation.
10    Beginning on the effective date of this amendatory Act of
11the 98th General Assembly, "prescription and nonprescription
12medicines and drugs" includes medical cannabis purchased from
13a registered dispensing organization under the Compassionate
14Use of Medical Cannabis Program Act.
15    As used in this Section, "adult use cannabis" means
16cannabis subject to tax under the Cannabis Cultivation
17Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
18and does not include cannabis subject to tax under the
19Compassionate Use of Medical Cannabis Program Act.
20(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
21101-593, eff. 12-4-19.)
 
22
Article 72.

 
23    Section 72-1. Short title. This Article may be cited as
24the Underlying Causes of Crime and Violence Study Act.
 

 

 

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1    Section 72-5. Legislative findings. In the State of
2Illinois, two-thirds of gun violence is related to suicide,
3and one-third is related to homicide, claiming approximately
412,000 lives a year. Violence has plagued communities,
5predominantly poor and distressed communities in urban
6settings, which have always treated violence as a criminal
7justice issue, instead of a public health issue. On February
821, 2018, Pastor Anthony Williams was informed that his son,
9Nehemiah William, had been shot to death. Due to this
10disheartening event, Pastor Anthony Williams reached out to
11State Representative Elizabeth "Lisa" Hernandez, urging that
12the issue of violence be treated as a public health crisis. In
132018, elected officials from all levels of government started
14a coalition to address violence as a public health crisis,
15with the assistance of faith-based organizations, advocates,
16and community members and held a statewide listening tour from
17August 2018 to April 2019. The listening tour consisted of
18stops on the South Side and West Side of Chicago, Maywood,
19Springfield, and East St. Louis, with a future scheduled visit
20in Danville. During the statewide listening sessions,
21community members actively discussed neighborhood safety,
22defining violence and how and why violence occurs in their
23communities. The listening sessions provided different
24solutions to address violence, however, all sessions confirmed
25a disconnect from the priorities of government and the needs

 

 

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1of these communities.
 
2    Section 72-10. Study. The Department of Public Health and
3the Department of Human Services shall study how to create a
4process to identify high violence communities, also known as
5R3 (Restore, Reinvest, and Renew) areas, and prioritize State
6dollars to go to these communities to fund programs as well as
7community and economic development projects that would address
8the underlying causes of crime and violence.
9    Due to a variety of reasons, including in particular the
10State's budget impasse, funds from multiple sources to
11establish such a comprehensive policy are subject to
12appropriation. Private philanthropic efforts will also be
13considered. Policies like R3 are needed in order to provide
14communities that have historically suffered from divestment,
15poverty, and incarceration with smart solutions that can solve
16the plague of structural violence that includes collective,
17interpersonal, and self-directed violence. Understanding
18structural violence helps explain the multiple and often
19intersecting forces that create and perpetuate these
20conditions on multiple levels. It is clear that violence is a
21public health problem that needs to be treated as such.
22Research has shown that when violence is treated in such a way
23that educates, fosters collaboration, and redirects the
24funding on a governmental level, its effects can be slowed or
25even halted, resulting in civility being brought to our

 

 

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1communities in the State of Illinois. Research has shown that
2when violence is treated in such a way, then its effects can be
3slowed or even halted.
 
4    Section 72-15. Report. The Department of Public Health
5and the Department of Human Services are required to report
6their findings to the General Assembly by December 31, 2021.
 
7
Article 80.

 
8    Section 80-5. The Employee Sick Leave Act is amended by
9changing Sections 5 and 10 as follows:
 
10    (820 ILCS 191/5)
11    Sec. 5. Definitions. In this Act:
12    "Covered family member" means an employee's child,
13stepchild, spouse, domestic partner, sibling, parent,
14mother-in-law, father-in-law, grandchild, grandparent, or
15stepparent.
16    "Department" means the Department of Labor.
17    "Personal care" means activities to ensure that a covered
18family member's basic medical, hygiene, nutritional, or safety
19needs are met, or to provide transportation to medical
20appointments, for a covered family member who is unable to
21meet those needs himself or herself. "Personal care" also
22means being physically present to provide emotional support to

 

 

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1a covered family member with a serious health condition who is
2receiving inpatient or home care.
3    "Personal sick leave benefits" means any paid or unpaid
4time available to an employee as provided through an
5employment benefit plan or paid time off policy to be used as a
6result of absence from work due to personal illness, injury,
7or medical appointment, or for personal care of a covered
8family member. An employment benefit plan or paid time off
9policy does not include long term disability, short term
10disability, an insurance policy, or other comparable benefit
11plan or policy.
12(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
13    (820 ILCS 191/10)
14    Sec. 10. Use of leave; limitations.
15    (a) An employee may use personal sick leave benefits
16provided by the employer for absences due to an illness,
17injury, or medical appointment of the employee's child,
18stepchild, spouse, domestic partner, sibling, parent,
19mother-in-law, father-in-law, grandchild, grandparent, or
20stepparent, or for personal care of a covered family member on
21the same terms upon which the employee is able to use personal
22sick leave benefits for the employee's own illness or injury.
23An employer may request written verification of the employee's
24absence from a health care professional if such verification
25is required under the employer's employment benefit plan or

 

 

10200HB0158ham001- 112 -LRB102 10244 CPF 23250 a

1paid time off policy.
2    (b) An employer may limit the use of personal sick leave
3benefits provided by the employer for absences due to an
4illness, injury, or medical appointment, or personal care of
5the employee's covered family member of the employee's child,
6stepchild, spouse, domestic partner, sibling, parent,
7mother-in-law, father-in-law, grandchild, grandparent, or
8stepparent to an amount not less than the personal sick leave
9that would be earned or accrued during 6 months at the
10employee's then current rate of entitlement. For employers who
11base personal sick leave benefits on an employee's years of
12service instead of annual or monthly accrual, such employer
13may limit the amount of sick leave to be used under this Act to
14half of the employee's maximum annual grant.
15    (c) An employer who provides personal sick leave benefits
16or a paid time off policy that would otherwise provide
17benefits as required under subsections (a) and (b) shall not
18be required to modify such benefits.
19(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
20
Article 90.

 
21    Section 90-5. The Nursing Home Care Act is amended by
22adding Section 3-206.06 as follows:
 
23    (210 ILCS 45/3-206.06 new)

 

 

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1    Sec. 3-206.06. Testing for Legionella bacteria. A facility
2shall develop a policy for testing its water supply for
3Legionella bacteria. The policy shall include the frequency
4with which testing is conducted. The policy and the results of
5any tests shall be made available to the Department upon
6request.
 
7    Section 90-10. The Hospital Licensing Act is amended by
8adding Section 6.29 as follows:
 
9    (210 ILCS 85/6.29 new)
10    Sec. 6.29. Testing for Legionella bacteria. A hospital
11shall develop a policy for testing its water supply for
12Legionella bacteria. The policy shall include the frequency
13with which testing is conducted. The policy and the results of
14any tests shall be made available to the Department upon
15request.
 
16
Article 95.

 
17    Section 95-5. The Child Care Act of 1969 is amended by
18changing Section 7 as follows:
 
19    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
20    Sec. 7. (a) The Department must prescribe and publish
21minimum standards for licensing that apply to the various

 

 

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1types of facilities for child care defined in this Act and that
2are equally applicable to like institutions under the control
3of the Department and to foster family homes used by and under
4the direct supervision of the Department. The Department shall
5seek the advice and assistance of persons representative of
6the various types of child care facilities in establishing
7such standards. The standards prescribed and published under
8this Act take effect as provided in the Illinois
9Administrative Procedure Act, and are restricted to
10regulations pertaining to the following matters and to any
11rules and regulations required or permitted by any other
12Section of this Act:
13        (1) The operation and conduct of the facility and
14    responsibility it assumes for child care;
15        (2) The character, suitability and qualifications of
16    the applicant and other persons directly responsible for
17    the care and welfare of children served. All child day
18    care center licensees and employees who are required to
19    report child abuse or neglect under the Abused and
20    Neglected Child Reporting Act shall be required to attend
21    training on recognizing child abuse and neglect, as
22    prescribed by Department rules;
23        (3) The general financial ability and competence of
24    the applicant to provide necessary care for children and
25    to maintain prescribed standards;
26        (4) The number of individuals or staff required to

 

 

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1    insure adequate supervision and care of the children
2    received. The standards shall provide that each child care
3    institution, maternity center, day care center, group
4    home, day care home, and group day care home shall have on
5    its premises during its hours of operation at least one
6    staff member certified in first aid, in the Heimlich
7    maneuver and in cardiopulmonary resuscitation by the
8    American Red Cross or other organization approved by rule
9    of the Department. Child welfare agencies shall not be
10    subject to such a staffing requirement. The Department may
11    offer, or arrange for the offering, on a periodic basis in
12    each community in this State in cooperation with the
13    American Red Cross, the American Heart Association or
14    other appropriate organization, voluntary programs to
15    train operators of foster family homes and day care homes
16    in first aid and cardiopulmonary resuscitation;
17        (5) The appropriateness, safety, cleanliness, and
18    general adequacy of the premises, including maintenance of
19    adequate fire prevention and health standards conforming
20    to State laws and municipal codes to provide for the
21    physical comfort, care, and well-being of children
22    received;
23        (6) Provisions for food, clothing, educational
24    opportunities, program, equipment and individual supplies
25    to assure the healthy physical, mental, and spiritual
26    development of children served;

 

 

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1        (7) Provisions to safeguard the legal rights of
2    children served;
3        (8) Maintenance of records pertaining to the
4    admission, progress, health, and discharge of children,
5    including, for day care centers and day care homes,
6    records indicating each child has been immunized as
7    required by State regulations. The Department shall
8    require proof that children enrolled in a facility have
9    been immunized against Haemophilus Influenzae B (HIB);
10        (9) Filing of reports with the Department;
11        (10) Discipline of children;
12        (11) Protection and fostering of the particular
13    religious faith of the children served;
14        (12) Provisions prohibiting firearms on day care
15    center premises except in the possession of peace
16    officers;
17        (13) Provisions prohibiting handguns on day care home
18    premises except in the possession of peace officers or
19    other adults who must possess a handgun as a condition of
20    employment and who reside on the premises of a day care
21    home;
22        (14) Provisions requiring that any firearm permitted
23    on day care home premises, except handguns in the
24    possession of peace officers, shall be kept in a
25    disassembled state, without ammunition, in locked storage,
26    inaccessible to children and that ammunition permitted on

 

 

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1    day care home premises shall be kept in locked storage
2    separate from that of disassembled firearms, inaccessible
3    to children;
4        (15) Provisions requiring notification of parents or
5    guardians enrolling children at a day care home of the
6    presence in the day care home of any firearms and
7    ammunition and of the arrangements for the separate,
8    locked storage of such firearms and ammunition;
9        (16) Provisions requiring all licensed child care
10    facility employees who care for newborns and infants to
11    complete training every 3 years on the nature of sudden
12    unexpected infant death (SUID), sudden infant death
13    syndrome (SIDS), and the safe sleep recommendations of the
14    American Academy of Pediatrics; and
15        (17) With respect to foster family homes, provisions
16    requiring the Department to review quality of care
17    concerns and to consider those concerns in determining
18    whether a foster family home is qualified to care for
19    children.
20    By July 1, 2022, all licensed day care home providers,
21licensed group day care home providers, and licensed day care
22center directors and classroom staff shall participate in at
23least one training that includes the topics of early childhood
24social emotional learning, infant and early childhood mental
25health, early childhood trauma, or adverse childhood
26experiences. Current licensed providers, directors, and

 

 

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1classroom staff shall complete training by July 1, 2022 and
2shall participate in training that includes the above topics
3at least once every 3 years.
4    (b) If, in a facility for general child care, there are
5children diagnosed as mentally ill or children diagnosed as
6having an intellectual or physical disability, who are
7determined to be in need of special mental treatment or of
8nursing care, or both mental treatment and nursing care, the
9Department shall seek the advice and recommendation of the
10Department of Human Services, the Department of Public Health,
11or both Departments regarding the residential treatment and
12nursing care provided by the institution.
13    (c) The Department shall investigate any person applying
14to be licensed as a foster parent to determine whether there is
15any evidence of current drug or alcohol abuse in the
16prospective foster family. The Department shall not license a
17person as a foster parent if drug or alcohol abuse has been
18identified in the foster family or if a reasonable suspicion
19of such abuse exists, except that the Department may grant a
20foster parent license to an applicant identified with an
21alcohol or drug problem if the applicant has successfully
22participated in an alcohol or drug treatment program,
23self-help group, or other suitable activities and if the
24Department determines that the foster family home can provide
25a safe, appropriate environment and meet the physical and
26emotional needs of children.

 

 

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1    (d) The Department, in applying standards prescribed and
2published, as herein provided, shall offer consultation
3through employed staff or other qualified persons to assist
4applicants and licensees in meeting and maintaining minimum
5requirements for a license and to help them otherwise to
6achieve programs of excellence related to the care of children
7served. Such consultation shall include providing information
8concerning education and training in early childhood
9development to providers of day care home services. The
10Department may provide or arrange for such education and
11training for those providers who request such assistance.
12    (e) The Department shall distribute copies of licensing
13standards to all licensees and applicants for a license. Each
14licensee or holder of a permit shall distribute copies of the
15appropriate licensing standards and any other information
16required by the Department to child care facilities under its
17supervision. Each licensee or holder of a permit shall
18maintain appropriate documentation of the distribution of the
19standards. Such documentation shall be part of the records of
20the facility and subject to inspection by authorized
21representatives of the Department.
22    (f) The Department shall prepare summaries of day care
23licensing standards. Each licensee or holder of a permit for a
24day care facility shall distribute a copy of the appropriate
25summary and any other information required by the Department,
26to the legal guardian of each child cared for in that facility

 

 

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1at the time when the child is enrolled or initially placed in
2the facility. The licensee or holder of a permit for a day care
3facility shall secure appropriate documentation of the
4distribution of the summary and brochure. Such documentation
5shall be a part of the records of the facility and subject to
6inspection by an authorized representative of the Department.
7    (g) The Department shall distribute to each licensee and
8holder of a permit copies of the licensing or permit standards
9applicable to such person's facility. Each licensee or holder
10of a permit shall make available by posting at all times in a
11common or otherwise accessible area a complete and current set
12of licensing standards in order that all employees of the
13facility may have unrestricted access to such standards. All
14employees of the facility shall have reviewed the standards
15and any subsequent changes. Each licensee or holder of a
16permit shall maintain appropriate documentation of the current
17review of licensing standards by all employees. Such records
18shall be part of the records of the facility and subject to
19inspection by authorized representatives of the Department.
20    (h) Any standards involving physical examinations,
21immunization, or medical treatment shall include appropriate
22exemptions for children whose parents object thereto on the
23grounds that they conflict with the tenets and practices of a
24recognized church or religious organization, of which the
25parent is an adherent or member, and for children who should
26not be subjected to immunization for clinical reasons.

 

 

10200HB0158ham001- 121 -LRB102 10244 CPF 23250 a

1    (i) The Department, in cooperation with the Department of
2Public Health, shall work to increase immunization awareness
3and participation among parents of children enrolled in day
4care centers and day care homes by publishing on the
5Department's website information about the benefits of
6immunization against vaccine preventable diseases, including
7influenza and pertussis. The information for vaccine
8preventable diseases shall include the incidence and severity
9of the diseases, the availability of vaccines, and the
10importance of immunizing children and persons who frequently
11have close contact with children. The website content shall be
12reviewed annually in collaboration with the Department of
13Public Health to reflect the most current recommendations of
14the Advisory Committee on Immunization Practices (ACIP). The
15Department shall work with day care centers and day care homes
16licensed under this Act to ensure that the information is
17annually distributed to parents in August or September.
18    (j) Any standard adopted by the Department that requires
19an applicant for a license to operate a day care home to
20include a copy of a high school diploma or equivalent
21certificate with his or her application shall be deemed to be
22satisfied if the applicant includes a copy of a high school
23diploma or equivalent certificate or a copy of a degree from an
24accredited institution of higher education or vocational
25institution or equivalent certificate.
26(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;

 

 

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1100-201, eff. 8-18-17.)
 
2
Article 100.

 
3    Section 100-1. Short title. This Article may be cited as
4the Special Commission on Gynecologic Cancers Act.
 
5    Section 100-5. Creation; members; duties; report.    
6    (a) The Special Commission on Gynecologic Cancers is
7created. Membership of the Commission shall be as follows:
8        (1) A representative of the Illinois Comprehensive
9    Cancer Control Program, appointed by the Director of
10    Public Health;
11        (2) The Director of Insurance, or his or her designee;
12    and
13        (3) 20 members who shall be appointed as follows:
14                (A) three members appointed by the Speaker of
15        the House of Representatives, one of whom shall be a
16        survivor of ovarian cancer, one of whom shall be a
17        survivor of cervical, vaginal, vulvar, or uterine
18        cancer, and one of whom shall be a medical specialist
19        in gynecologic cancers;
20                (B) three members appointed by the Senate
21        President, one of whom shall be a survivor of ovarian
22        cancer, one of whom shall be a survivor of cervical,
23        vaginal, vulvar, or uterine cancer, and one of whom

 

 

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1        shall be a medical specialist in gynecologic cancers;
2                (C) three members appointed by the House
3        Minority Leader, one of whom shall be a survivor of
4        ovarian cancer, one of whom shall be a survivor of
5        cervical, vaginal, vulvar, or uterine cancer, and one
6        of whom shall be a medical specialist in gynecologic
7        cancers;
8                (D) three members appointed by the Senate
9        Minority Leader, one of whom shall be a survivor of
10        ovarian cancer, one of whom shall be a survivor of
11        cervical, vaginal, vulvar, or uterine cancer, and one
12        of whom shall be a medical specialist in gynecologic
13        cancers; and
14                (E) eight members appointed by the Governor,
15        one of whom shall be a caregiver of a woman diagnosed
16        with a gynecologic cancer, one of whom shall be a
17        medical specialist in gynecologic cancers, one of whom
18        shall be an individual with expertise in community
19        based health care and issues affecting underserved and
20        vulnerable populations, 2 of whom shall be individuals
21        representing gynecologic cancer awareness and support
22        groups in the State, one of whom shall be a researcher
23        specializing in gynecologic cancers, and 2 of whom
24        shall be members of the public with demonstrated
25        expertise in issues relating to the work of the
26        Commission.

 

 

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1    (b) Members of the Commission shall serve without
2compensation or reimbursement from the Commission. Members
3shall select a Chair from among themselves and the Chair shall
4set the meeting schedule.
5    (c) The Illinois Department of Public Health shall provide
6administrative support to the Commission.
7    (d) The Commission is charged with the study of the
8following:
9        (1) establishing a mechanism to ascertain the
10    prevalence of gynecologic cancers in the State and, to the
11    extent possible, to collect statistics relative to the
12    timing of diagnosis and risk factors associated with
13    gynecologic cancers;
14        (2) determining how to best effectuate early diagnosis
15    and treatment for gynecologic cancer patients;
16        (3) determining best practices for closing disparities
17    in outcomes for gynecologic cancer patients and innovative
18    approaches to reaching underserved and vulnerable
19    populations;
20        (4) determining any unmet needs of persons with
21    gynecologic cancers and those of their families; and
22        (5) providing recommendations for additional
23    legislation, support programs, and resources to meet the
24    unmet needs of persons with gynecologic cancers and their
25    families.
26    (e) The Commission shall file its final report with the

 

 

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1General Assembly no later than December 31, 2021 and, upon the
2filing of its report, is dissolved.
 
3    Section 100-90. Repeal. This Article is repealed on
4January 1, 2023.
 
5
Article 105.

 
6    Section 105-5. The Illinois Public Aid Code is amended by
7changing Section 5A-12.7 as follows:
 
8    (305 ILCS 5/5A-12.7)
9    (Section scheduled to be repealed on December 31, 2022)
10    Sec. 5A-12.7. Continuation of hospital access payments on
11and after July 1, 2020.
12    (a) To preserve and improve access to hospital services,
13for hospital services rendered on and after July 1, 2020, the
14Department shall, except for hospitals described in subsection
15(b) of Section 5A-3, make payments to hospitals or require
16capitated managed care organizations to make payments as set
17forth in this Section. Payments under this Section are not due
18and payable, however, until: (i) the methodologies described
19in this Section are approved by the federal government in an
20appropriate State Plan amendment or directed payment preprint;
21and (ii) the assessment imposed under this Article is
22determined to be a permissible tax under Title XIX of the

 

 

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1Social Security Act. In determining the hospital access
2payments authorized under subsection (g) of this Section, if a
3hospital ceases to qualify for payments from the pool, the
4payments for all hospitals continuing to qualify for payments
5from such pool shall be uniformly adjusted to fully expend the
6aggregate net amount of the pool, with such adjustment being
7effective on the first day of the second month following the
8date the hospital ceases to receive payments from such pool.
9    (b) Amounts moved into claims-based rates and distributed
10in accordance with Section 14-12 shall remain in those
11claims-based rates.
12    (c) Graduate medical education.
13        (1) The calculation of graduate medical education
14    payments shall be based on the hospital's Medicare cost
15    report ending in Calendar Year 2018, as reported in the
16    Healthcare Cost Report Information System file, release
17    date September 30, 2019. An Illinois hospital reporting
18    intern and resident cost on its Medicare cost report shall
19    be eligible for graduate medical education payments.
20        (2) Each hospital's annualized Medicaid Intern
21    Resident Cost is calculated using annualized intern and
22    resident total costs obtained from Worksheet B Part I,
23    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
24    96-98, and 105-112 multiplied by the percentage that the
25    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
26    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the

 

 

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1    hospital's total days (Worksheet S3 Part I, Column 8,
2    Lines 14, 16-18, and 32).
3        (3) An annualized Medicaid indirect medical education
4    (IME) payment is calculated for each hospital using its
5    IME payments (Worksheet E Part A, Line 29, Column 1)
6    multiplied by the percentage that its Medicaid days
7    (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
8    and 32) comprise of its Medicare days (Worksheet S3 Part
9    I, Column 6, Lines 2, 3, 4, 14, and 16-18).
10        (4) For each hospital, its annualized Medicaid Intern
11    Resident Cost and its annualized Medicaid IME payment are
12    summed, and, except as capped at 120% of the average cost
13    per intern and resident for all qualifying hospitals as
14    calculated under this paragraph, is multiplied by 22.6% to
15    determine the hospital's final graduate medical education
16    payment. Each hospital's average cost per intern and
17    resident shall be calculated by summing its total
18    annualized Medicaid Intern Resident Cost plus its
19    annualized Medicaid IME payment and dividing that amount
20    by the hospital's total Full Time Equivalent Residents and
21    Interns. If the hospital's average per intern and resident
22    cost is greater than 120% of the same calculation for all
23    qualifying hospitals, the hospital's per intern and
24    resident cost shall be capped at 120% of the average cost
25    for all qualifying hospitals.
26    (d) Fee-for-service supplemental payments. Each Illinois

 

 

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1hospital shall receive an annual payment equal to the amounts
2below, to be paid in 12 equal installments on or before the
3seventh State business day of each month, except that no
4payment shall be due within 30 days after the later of the date
5of notification of federal approval of the payment
6methodologies required under this Section or any waiver
7required under 42 CFR 433.68, at which time the sum of amounts
8required under this Section prior to the date of notification
9is due and payable.
10        (1) For critical access hospitals, $385 per covered
11    inpatient day contained in paid fee-for-service claims and
12    $530 per paid fee-for-service outpatient claim for dates
13    of service in Calendar Year 2019 in the Department's
14    Enterprise Data Warehouse as of May 11, 2020.
15        (2) For safety-net hospitals, $960 per covered
16    inpatient day contained in paid fee-for-service claims and
17    $625 per paid fee-for-service outpatient claim for dates
18    of service in Calendar Year 2019 in the Department's
19    Enterprise Data Warehouse as of May 11, 2020.
20        (3) For long term acute care hospitals, $295 per
21    covered inpatient day contained in paid fee-for-service
22    claims for dates of service in Calendar Year 2019 in the
23    Department's Enterprise Data Warehouse as of May 11, 2020.
24        (4) For freestanding psychiatric hospitals, $125 per
25    covered inpatient day contained in paid fee-for-service
26    claims and $130 per paid fee-for-service outpatient claim

 

 

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1    for dates of service in Calendar Year 2019 in the
2    Department's Enterprise Data Warehouse as of May 11, 2020.
3        (5) For freestanding rehabilitation hospitals, $355
4    per covered inpatient day contained in paid
5    fee-for-service claims for dates of service in Calendar
6    Year 2019 in the Department's Enterprise Data Warehouse as
7    of May 11, 2020.
8        (6) For all general acute care hospitals and high
9    Medicaid hospitals as defined in subsection (f), $350 per
10    covered inpatient day for dates of service in Calendar
11    Year 2019 contained in paid fee-for-service claims and
12    $620 per paid fee-for-service outpatient claim in the
13    Department's Enterprise Data Warehouse as of May 11, 2020.
14        (7) Alzheimer's treatment access payment. Each
15    Illinois academic medical center or teaching hospital, as
16    defined in Section 5-5e.2 of this Code, that is identified
17    as the primary hospital affiliate of one of the Regional
18    Alzheimer's Disease Assistance Centers, as designated by
19    the Alzheimer's Disease Assistance Act and identified in
20    the Department of Public Health's Alzheimer's Disease
21    State Plan dated December 2016, shall be paid an
22    Alzheimer's treatment access payment equal to the product
23    of the qualifying hospital's State Fiscal Year 2018 total
24    inpatient fee-for-service days multiplied by the
25    applicable Alzheimer's treatment rate of $226.30 for
26    hospitals located in Cook County and $116.21 for hospitals

 

 

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1    located outside Cook County.
2    (e) The Department shall require managed care
3organizations (MCOs) to make directed payments and
4pass-through payments according to this Section. Each calendar
5year, the Department shall require MCOs to pay the maximum
6amount out of these funds as allowed as pass-through payments
7under federal regulations. The Department shall require MCOs
8to make such pass-through payments as specified in this
9Section. The Department shall require the MCOs to pay the
10remaining amounts as directed Payments as specified in this
11Section. The Department shall issue payments to the
12Comptroller by the seventh business day of each month for all
13MCOs that are sufficient for MCOs to make the directed
14payments and pass-through payments according to this Section.
15The Department shall require the MCOs to make pass-through
16payments and directed payments using electronic funds
17transfers (EFT), if the hospital provides the information
18necessary to process such EFTs, in accordance with directions
19provided monthly by the Department, within 7 business days of
20the date the funds are paid to the MCOs, as indicated by the
21"Paid Date" on the website of the Office of the Comptroller if
22the funds are paid by EFT and the MCOs have received directed
23payment instructions. If funds are not paid through the
24Comptroller by EFT, payment must be made within 7 business
25days of the date actually received by the MCO. The MCO will be
26considered to have paid the pass-through payments when the

 

 

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1payment remittance number is generated or the date the MCO
2sends the check to the hospital, if EFT information is not
3supplied. If an MCO is late in paying a pass-through payment or
4directed payment as required under this Section (including any
5extensions granted by the Department), it shall pay a penalty,
6unless waived by the Department for reasonable cause, to the
7Department equal to 5% of the amount of the pass-through
8payment or directed payment not paid on or before the due date
9plus 5% of the portion thereof remaining unpaid on the last day
10of each 30-day period thereafter. Payments to MCOs that would
11be paid consistent with actuarial certification and enrollment
12in the absence of the increased capitation payments under this
13Section shall not be reduced as a consequence of payments made
14under this subsection. The Department shall publish and
15maintain on its website for a period of no less than 8 calendar
16quarters, the quarterly calculation of directed payments and
17pass-through payments owed to each hospital from each MCO. All
18calculations and reports shall be posted no later than the
19first day of the quarter for which the payments are to be
20issued.
21    (f)(1) For purposes of allocating the funds included in
22capitation payments to MCOs, Illinois hospitals shall be
23divided into the following classes as defined in
24administrative rules:
25        (A) Critical access hospitals.
26        (B) Safety-net hospitals, except that stand-alone

 

 

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1    children's hospitals that are not specialty children's
2    hospitals will not be included.
3        (C) Long term acute care hospitals.
4        (D) Freestanding psychiatric hospitals.
5        (E) Freestanding rehabilitation hospitals.
6        (F) High Medicaid hospitals. As used in this Section,
7    "high Medicaid hospital" means a general acute care
8    hospital that is not a safety-net hospital or critical
9    access hospital and that has a Medicaid Inpatient
10    Utilization Rate above 30% or a hospital that had over
11    35,000 inpatient Medicaid days during the applicable
12    period. For the period July 1, 2020 through December 31,
13    2020, the applicable period for the Medicaid Inpatient
14    Utilization Rate (MIUR) is the rate year 2020 MIUR and for
15    the number of inpatient days it is State fiscal year 2018.
16    Beginning in calendar year 2021, the Department shall use
17    the most recently determined MIUR, as defined in
18    subsection (h) of Section 5-5.02, and for the inpatient
19    day threshold, the State fiscal year ending 18 months
20    prior to the beginning of the calendar year. For purposes
21    of calculating MIUR under this Section, children's
22    hospitals and affiliated general acute care hospitals
23    shall be considered a single hospital.
24        (G) General acute care hospitals. As used under this
25    Section, "general acute care hospitals" means all other
26    Illinois hospitals not identified in subparagraphs (A)

 

 

10200HB0158ham001- 133 -LRB102 10244 CPF 23250 a

1    through (F).
2    (2) Hospitals' qualification for each class shall be
3assessed prior to the beginning of each calendar year and the
4new class designation shall be effective January 1 of the next
5year. The Department shall publish by rule the process for
6establishing class determination.
7    (g) Fixed pool directed payments. Beginning July 1, 2020,
8the Department shall issue payments to MCOs which shall be
9used to issue directed payments to qualified Illinois
10safety-net hospitals and critical access hospitals on a
11monthly basis in accordance with this subsection. Prior to the
12beginning of each Payout Quarter beginning July 1, 2020, the
13Department shall use encounter claims data from the
14Determination Quarter, accepted by the Department's Medicaid
15Management Information System for inpatient and outpatient
16services rendered by safety-net hospitals and critical access
17hospitals to determine a quarterly uniform per unit add-on for
18each hospital class.
19        (1) Inpatient per unit add-on. A quarterly uniform per
20    diem add-on shall be derived by dividing the quarterly
21    Inpatient Directed Payments Pool amount allocated to the
22    applicable hospital class by the total inpatient days
23    contained on all encounter claims received during the
24    Determination Quarter, for all hospitals in the class.
25            (A) Each hospital in the class shall have a
26        quarterly inpatient directed payment calculated that

 

 

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1        is equal to the product of the number of inpatient days
2        attributable to the hospital used in the calculation
3        of the quarterly uniform class per diem add-on,
4        multiplied by the calculated applicable quarterly
5        uniform class per diem add-on of the hospital class.
6            (B) Each hospital shall be paid 1/3 of its
7        quarterly inpatient directed payment in each of the 3
8        months of the Payout Quarter, in accordance with
9        directions provided to each MCO by the Department.
10        (2) Outpatient per unit add-on. A quarterly uniform
11    per claim add-on shall be derived by dividing the
12    quarterly Outpatient Directed Payments Pool amount
13    allocated to the applicable hospital class by the total
14    outpatient encounter claims received during the
15    Determination Quarter, for all hospitals in the class.
16            (A) Each hospital in the class shall have a
17        quarterly outpatient directed payment calculated that
18        is equal to the product of the number of outpatient
19        encounter claims attributable to the hospital used in
20        the calculation of the quarterly uniform class per
21        claim add-on, multiplied by the calculated applicable
22        quarterly uniform class per claim add-on of the
23        hospital class.
24            (B) Each hospital shall be paid 1/3 of its
25        quarterly outpatient directed payment in each of the 3
26        months of the Payout Quarter, in accordance with

 

 

10200HB0158ham001- 135 -LRB102 10244 CPF 23250 a

1        directions provided to each MCO by the Department.
2        (3) Each MCO shall pay each hospital the Monthly
3    Directed Payment as identified by the Department on its
4    quarterly determination report.
5        (4) Definitions. As used in this subsection:
6            (A) "Payout Quarter" means each 3 month calendar
7        quarter, beginning July 1, 2020.
8            (B) "Determination Quarter" means each 3 month
9        calendar quarter, which ends 3 months prior to the
10        first day of each Payout Quarter.
11        (5) For the period July 1, 2020 through December 2020,
12    the following amounts shall be allocated to the following
13    hospital class directed payment pools for the quarterly
14    development of a uniform per unit add-on:
15            (A) $2,894,500 for hospital inpatient services for
16        critical access hospitals.
17            (B) $4,294,374 for hospital outpatient services
18        for critical access hospitals.
19            (C) $29,109,330 for hospital inpatient services
20        for safety-net hospitals.
21            (D) $35,041,218 for hospital outpatient services
22        for safety-net hospitals.
23    (h) Fixed rate directed payments. Effective July 1, 2020,
24the Department shall issue payments to MCOs which shall be
25used to issue directed payments to Illinois hospitals not
26identified in paragraph (g) on a monthly basis. Prior to the

 

 

10200HB0158ham001- 136 -LRB102 10244 CPF 23250 a

1beginning of each Payout Quarter beginning July 1, 2020, the
2Department shall use encounter claims data from the
3Determination Quarter, accepted by the Department's Medicaid
4Management Information System for inpatient and outpatient
5services rendered by hospitals in each hospital class
6identified in paragraph (f) and not identified in paragraph
7(g). For the period July 1, 2020 through December 2020, the
8Department shall direct MCOs to make payments as follows:
9        (1) For general acute care hospitals an amount equal
10    to $1,750 multiplied by the hospital's category of service
11    20 case mix index for the determination quarter multiplied
12    by the hospital's total number of inpatient admissions for
13    category of service 20 for the determination quarter.
14        (2) For general acute care hospitals an amount equal
15    to $160 multiplied by the hospital's category of service
16    21 case mix index for the determination quarter multiplied
17    by the hospital's total number of inpatient admissions for
18    category of service 21 for the determination quarter.
19        (3) For general acute care hospitals an amount equal
20    to $80 multiplied by the hospital's category of service 22
21    case mix index for the determination quarter multiplied by
22    the hospital's total number of inpatient admissions for
23    category of service 22 for the determination quarter.
24        (4) For general acute care hospitals an amount equal
25    to $375 multiplied by the hospital's category of service
26    24 case mix index for the determination quarter multiplied

 

 

10200HB0158ham001- 137 -LRB102 10244 CPF 23250 a

1    by the hospital's total number of category of service 24
2    paid EAPG (EAPGs) for the determination quarter.
3        (5) For general acute care hospitals an amount equal
4    to $240 multiplied by the hospital's category of service
5    27 and 28 case mix index for the determination quarter
6    multiplied by the hospital's total number of category of
7    service 27 and 28 paid EAPGs for the determination
8    quarter.
9        (6) For general acute care hospitals an amount equal
10    to $290 multiplied by the hospital's category of service
11    29 case mix index for the determination quarter multiplied
12    by the hospital's total number of category of service 29
13    paid EAPGs for the determination quarter.
14        (7) For high Medicaid hospitals an amount equal to
15    $1,800 multiplied by the hospital's category of service 20
16    case mix index for the determination quarter multiplied by
17    the hospital's total number of inpatient admissions for
18    category of service 20 for the determination quarter.
19        (8) For high Medicaid hospitals an amount equal to
20    $160 multiplied by the hospital's category of service 21
21    case mix index for the determination quarter multiplied by
22    the hospital's total number of inpatient admissions for
23    category of service 21 for the determination quarter.
24        (9) For high Medicaid hospitals an amount equal to $80
25    multiplied by the hospital's category of service 22 case
26    mix index for the determination quarter multiplied by the

 

 

10200HB0158ham001- 138 -LRB102 10244 CPF 23250 a

1    hospital's total number of inpatient admissions for
2    category of service 22 for the determination quarter.
3        (10) For high Medicaid hospitals an amount equal to
4    $400 multiplied by the hospital's category of service 24
5    case mix index for the determination quarter multiplied by
6    the hospital's total number of category of service 24 paid
7    EAPG outpatient claims for the determination quarter.
8        (11) For high Medicaid hospitals an amount equal to
9    $240 multiplied by the hospital's category of service 27
10    and 28 case mix index for the determination quarter
11    multiplied by the hospital's total number of category of
12    service 27 and 28 paid EAPGs for the determination
13    quarter.
14        (12) For high Medicaid hospitals an amount equal to
15    $290 multiplied by the hospital's category of service 29
16    case mix index for the determination quarter multiplied by
17    the hospital's total number of category of service 29 paid
18    EAPGs for the determination quarter.
19        (13) For long term acute care hospitals the amount of
20    $495 multiplied by the hospital's total number of
21    inpatient days for the determination quarter.
22        (14) For psychiatric hospitals the amount of $210
23    multiplied by the hospital's total number of inpatient
24    days for category of service 21 for the determination
25    quarter.
26        (15) For psychiatric hospitals the amount of $250

 

 

10200HB0158ham001- 139 -LRB102 10244 CPF 23250 a

1    multiplied by the hospital's total number of outpatient
2    claims for category of service 27 and 28 for the
3    determination quarter.
4        (16) For rehabilitation hospitals the amount of $410
5    multiplied by the hospital's total number of inpatient
6    days for category of service 22 for the determination
7    quarter.
8        (17) For rehabilitation hospitals the amount of $100
9    multiplied by the hospital's total number of outpatient
10    claims for category of service 29 for the determination
11    quarter.
12        (18) Each hospital shall be paid 1/3 of their
13    quarterly inpatient and outpatient directed payment in
14    each of the 3 months of the Payout Quarter, in accordance
15    with directions provided to each MCO by the Department.
16        (19) Each MCO shall pay each hospital the Monthly
17    Directed Payment amount as identified by the Department on
18    its quarterly determination report.
19    Notwithstanding any other provision of this subsection, if
20the Department determines that the actual total hospital
21utilization data that is used to calculate the fixed rate
22directed payments is substantially different than anticipated
23when the rates in this subsection were initially determined
24(for unforeseeable circumstances such as the COVID-19
25pandemic), the Department may adjust the rates specified in
26this subsection so that the total directed payments

 

 

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1approximate the total spending amount anticipated when the
2rates were initially established.
3    Definitions. As used in this subsection:
4            (A) "Payout Quarter" means each calendar quarter,
5        beginning July 1, 2020.
6            (B) "Determination Quarter" means each calendar
7        quarter which ends 3 months prior to the first day of
8        each Payout Quarter.
9            (C) "Case mix index" means a hospital specific
10        calculation. For inpatient claims the case mix index
11        is calculated each quarter by summing the relative
12        weight of all inpatient Diagnosis-Related Group (DRG)
13        claims for a category of service in the applicable
14        Determination Quarter and dividing the sum by the
15        number of sum total of all inpatient DRG admissions
16        for the category of service for the associated claims.
17        The case mix index for outpatient claims is calculated
18        each quarter by summing the relative weight of all
19        paid EAPGs in the applicable Determination Quarter and
20        dividing the sum by the sum total of paid EAPGs for the
21        associated claims.
22    (i) Beginning January 1, 2021, the rates for directed
23payments shall be recalculated in order to spend the
24additional funds for directed payments that result from
25reduction in the amount of pass-through payments allowed under
26federal regulations. The additional funds for directed

 

 

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1payments shall be allocated proportionally to each class of
2hospitals based on that class' proportion of services.
3    (j) Pass-through payments.
4        (1) For the period July 1, 2020 through December 31,
5    2020, the Department shall assign quarterly pass-through
6    payments to each class of hospitals equal to one-fourth of
7    the following annual allocations:
8            (A) $390,487,095 to safety-net hospitals.
9            (B) $62,553,886 to critical access hospitals.
10            (C) $345,021,438 to high Medicaid hospitals.
11            (D) $551,429,071 to general acute care hospitals.
12            (E) $27,283,870 to long term acute care hospitals.
13            (F) $40,825,444 to freestanding psychiatric
14        hospitals.
15            (G) $9,652,108 to freestanding rehabilitation
16        hospitals.
17        (2) The pass-through payments shall at a minimum
18    ensure hospitals receive a total amount of monthly
19    payments under this Section as received in calendar year
20    2019 in accordance with this Article and paragraph (1) of
21    subsection (d-5) of Section 14-12, exclusive of amounts
22    received through payments referenced in subsection (b).
23        (3) For the calendar year beginning January 1, 2021,
24    and each calendar year thereafter, each hospital's
25    pass-through payment amount shall be reduced
26    proportionally to the reduction of all pass-through

 

 

10200HB0158ham001- 142 -LRB102 10244 CPF 23250 a

1    payments required by federal regulations.
2    (k) At least 30 days prior to each calendar year, the
3Department shall notify each hospital of changes to the
4payment methodologies in this Section, including, but not
5limited to, changes in the fixed rate directed payment rates,
6the aggregate pass-through payment amount for all hospitals,
7and the hospital's pass-through payment amount for the
8upcoming calendar year.
9    (l) Notwithstanding any other provisions of this Section,
10the Department may adopt rules to change the methodology for
11directed and pass-through payments as set forth in this
12Section, but only to the extent necessary to obtain federal
13approval of a necessary State Plan amendment or Directed
14Payment Preprint or to otherwise conform to federal law or
15federal regulation.
16    (m) As used in this subsection, "managed care
17organization" or "MCO" means an entity which contracts with
18the Department to provide services where payment for medical
19services is made on a capitated basis, excluding contracted
20entities for dual eligible or Department of Children and
21Family Services youth populations.
22    (n) In order to address the escalating infant mortality
23rates among minority communities in Illinois, the State shall,
24subject to appropriation, create a pool of funding of at least
25$50,000,000 annually to be disbursed among safety-net
26hospitals that maintain perinatal designation from the

 

 

10200HB0158ham001- 143 -LRB102 10244 CPF 23250 a

1Department of Public Health. The funding shall be used to
2preserve or enhance OB/GYN services or other specialty
3services at the receiving hospital, with the distribution of
4funding to be established by rule and with consideration to
5perinatal hospitals with safe birthing levels and quality
6metrics for healthy mothers and babies.
7(Source: P.A. 101-650, eff. 7-7-20.)
 
8
Article 110.

 
9    Section 110-1. Short title. This Article may be cited as
10the Racial Impact Note Act.
 
11    Section 110-5. Racial impact note.
12    (a) Every bill which has or could have a disparate impact
13on racial and ethnic minorities, upon the request of any
14member, shall have prepared for it, before second reading in
15the house of introduction, a brief explanatory statement or
16note that shall include a reliable estimate of the anticipated
17impact on those racial and ethnic minorities likely to be
18impacted by the bill. Each racial impact note must include,
19for racial and ethnic minorities for which data are available:
20(i) an estimate of how the proposed legislation would impact
21racial and ethnic minorities; (ii) a statement of the
22methodologies and assumptions used in preparing the estimate;
23(iii) an estimate of the racial and ethnic composition of the

 

 

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1population who may be impacted by the proposed legislation,
2including those persons who may be negatively impacted and
3those persons who may benefit from the proposed legislation;
4and (iv) any other matter that a responding agency considers
5appropriate in relation to the racial and ethnic minorities
6likely to be affected by the bill.
 
7    Section 110-10. Preparation.
8    (a) The sponsor of each bill for which a request under
9Section 110-5 has been made shall present a copy of the bill
10with the request for a racial impact note to the appropriate
11responding agency or agencies under subsection (b). The
12responding agency or agencies shall prepare and submit the
13note to the sponsor of the bill within 5 calendar days, except
14that whenever, because of the complexity of the measure,
15additional time is required for the preparation of the racial
16impact note, the responding agency or agencies may inform the
17sponsor of the bill, and the sponsor may approve an extension
18of the time within which the note is to be submitted, not to
19extend, however, beyond June 15, following the date of the
20request. If, in the opinion of the responding agency or
21agencies, there is insufficient information to prepare a
22reliable estimate of the anticipated impact, a statement to
23that effect can be filed and shall meet the requirements of
24this Act.
25    (b) If a bill concerns arrests, convictions, or law

 

 

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1enforcement, a statement shall be prepared by the Illinois
2Criminal Justice Information Authority specifying the impact
3on racial and ethnic minorities. If a bill concerns
4corrections, sentencing, or the placement of individuals
5within the Department of Corrections, a statement shall be
6prepared by the Department of Corrections specifying the
7impact on racial and ethnic minorities. If a bill concerns
8local government, a statement shall be prepared by the
9Department of Commerce and Economic Opportunity specifying the
10impact on racial and ethnic minorities. If a bill concerns
11education, one of the following agencies shall prepare a
12statement specifying the impact on racial and ethnic
13minorities: (i) the Illinois Community College Board, if the
14bill affects community colleges; (ii) the Illinois State Board
15of Education, if the bill affects primary and secondary
16education; or (iii) the Illinois Board of Higher Education, if
17the bill affects State universities. Any other State agency
18impacted or responsible for implementing all or part of this
19bill shall prepare a statement of the racial and ethnic impact
20of the bill as it relates to that agency.
 
21    Section 110-15. Requisites and contents. The note shall be
22factual in nature, as brief and concise as may be, and, in
23addition, it shall include both the immediate effect and, if
24determinable or reasonably foreseeable, the long range effect
25of the measure on racial and ethnic minorities. If, after

 

 

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1careful investigation, it is determined that such an effect is
2not ascertainable, the note shall contain a statement to that
3effect, setting forth the reasons why no ascertainable effect
4can be given.
 
5    Section 110-20. Comment or opinion; technical or
6mechanical defects. No comment or opinion shall be included
7in the racial impact note with regard to the merits of the
8measure for which the racial impact note is prepared; however,
9technical or mechanical defects may be noted.
 
10    Section 110-25. Appearance of State officials and
11employees in support or opposition of measure. The fact that a
12racial impact note is prepared for any bill shall not preclude
13or restrict the appearance before any committee of the General
14Assembly of any official or authorized employee of the
15responding agency or agencies, or any other impacted State
16agency, who desires to be heard in support of or in opposition
17to the measure.
 
18
Article 115.

 
19    Section 115-5. The Illinois Public Aid Code is amended by
20adding Section 14-14 as follows:
 
21    (305 ILCS 5/14-14 new)

 

 

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1    Sec. 14-14. Increasing access to primary care in
2hospitals. The Department of Healthcare and Family Services
3shall develop a program to facilitate coordination between
4Federally Qualified Health Centers (FQHCs) and safety net
5hospitals, encourage coordination between Federally Qualified
6Health Centers (FQHCs) and hospitals, including, but not
7limited to, safety-net hospitals, with the goal of increasing
8care coordination, managing chronic diseases, and addressing
9the social determinants of health on or before December 31,
102021. Coordination between FQHCs and safety hospitals may
11include, but is not limited to, embedding FQHC staff in
12hospitals, utilizing health information technology for care
13coordination and enabling FQHCs to connect hospital patients
14to community-based resources when needed to provide
15whole-person care. In addition, the Department shall develop a
16payment methodology to allow FQHCs to provide care
17coordination services, including, but not limited to, chronic
18disease management and behavioral health services. The
19Department of Healthcare and Family Services shall develop a
20payment methodology to allow for FQHC care coordination
21services by no later than December 31, 2021.
 
22
Article 120.

 
23    Section 120-5. The Civil Administrative Code of Illinois
24is amended by changing Section 5-565 as follows:
 

 

 

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1    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
2    Sec. 5-565. In the Department of Public Health.
3    (a) The General Assembly declares it to be the public
4policy of this State that all residents citizens of Illinois
5are entitled to lead healthy lives. Governmental public health
6has a specific responsibility to ensure that a public health
7system is in place to allow the public health mission to be
8achieved. The public health system is the collection of
9public, private, and voluntary entities as well as individuals
10and informal associations that contribute to the public's
11health within the State. To develop a public health system
12requires certain core functions to be performed by government.
13The State Board of Health is to assume the leadership role in
14advising the Director in meeting the following functions:
15        (1) Needs assessment.
16        (2) Statewide health objectives.
17        (3) Policy development.
18        (4) Assurance of access to necessary services.
19    There shall be a State Board of Health composed of 20
20persons, all of whom shall be appointed by the Governor, with
21the advice and consent of the Senate for those appointed by the
22Governor on and after June 30, 1998, and one of whom shall be a
23senior citizen age 60 or over. Five members shall be
24physicians licensed to practice medicine in all its branches,
25one representing a medical school faculty, one who is board

 

 

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1certified in preventive medicine, and one who is engaged in
2private practice. One member shall be a chiropractic
3physician. One member shall be a dentist; one an environmental
4health practitioner; one a local public health administrator;
5one a local board of health member; one a registered nurse; one
6a physical therapist; one an optometrist; one a veterinarian;
7one a public health academician; one a health care industry
8representative; one a representative of the business
9community; one a representative of the non-profit public
10interest community; and 2 shall be citizens at large.
11    The terms of Board of Health members shall be 3 years,
12except that members shall continue to serve on the Board of
13Health until a replacement is appointed. Upon the effective
14date of Public Act 93-975 (January 1, 2005) this amendatory
15Act of the 93rd General Assembly, in the appointment of the
16Board of Health members appointed to vacancies or positions
17with terms expiring on or before December 31, 2004, the
18Governor shall appoint up to 6 members to serve for terms of 3
19years; up to 6 members to serve for terms of 2 years; and up to
205 members to serve for a term of one year, so that the term of
21no more than 6 members expire in the same year. All members
22shall be legal residents of the State of Illinois. The duties
23of the Board shall include, but not be limited to, the
24following:
25        (1) To advise the Department of ways to encourage
26    public understanding and support of the Department's

 

 

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1    programs.
2        (2) To evaluate all boards, councils, committees,
3    authorities, and bodies advisory to, or an adjunct of, the
4    Department of Public Health or its Director for the
5    purpose of recommending to the Director one or more of the
6    following:
7            (i) The elimination of bodies whose activities are
8        not consistent with goals and objectives of the
9        Department.
10            (ii) The consolidation of bodies whose activities
11        encompass compatible programmatic subjects.
12            (iii) The restructuring of the relationship
13        between the various bodies and their integration
14        within the organizational structure of the Department.
15            (iv) The establishment of new bodies deemed
16        essential to the functioning of the Department.
17        (3) To serve as an advisory group to the Director for
18    public health emergencies and control of health hazards.
19        (4) To advise the Director regarding public health
20    policy, and to make health policy recommendations
21    regarding priorities to the Governor through the Director.
22        (5) To present public health issues to the Director
23    and to make recommendations for the resolution of those
24    issues.
25        (6) To recommend studies to delineate public health
26    problems.

 

 

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1        (7) To make recommendations to the Governor through
2    the Director regarding the coordination of State public
3    health activities with other State and local public health
4    agencies and organizations.
5        (8) To report on or before February 1 of each year on
6    the health of the residents of Illinois to the Governor,
7    the General Assembly, and the public.
8        (9) To review the final draft of all proposed
9    administrative rules, other than emergency or peremptory
10    preemptory rules and those rules that another advisory
11    body must approve or review within a statutorily defined
12    time period, of the Department after September 19, 1991
13    (the effective date of Public Act 87-633). The Board shall
14    review the proposed rules within 90 days of submission by
15    the Department. The Department shall take into
16    consideration any comments and recommendations of the
17    Board regarding the proposed rules prior to submission to
18    the Secretary of State for initial publication. If the
19    Department disagrees with the recommendations of the
20    Board, it shall submit a written response outlining the
21    reasons for not accepting the recommendations.
22        In the case of proposed administrative rules or
23    amendments to administrative rules regarding immunization
24    of children against preventable communicable diseases
25    designated by the Director under the Communicable Disease
26    Prevention Act, after the Immunization Advisory Committee

 

 

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1    has made its recommendations, the Board shall conduct 3
2    public hearings, geographically distributed throughout the
3    State. At the conclusion of the hearings, the State Board
4    of Health shall issue a report, including its
5    recommendations, to the Director. The Director shall take
6    into consideration any comments or recommendations made by
7    the Board based on these hearings.
8        (10) To deliver to the Governor for presentation to
9    the General Assembly a State Health Assessment (SHA) and a
10    State Health Improvement Plan (SHIP). The first 5 3 such
11    plans shall be delivered to the Governor on January 1,
12    2006, January 1, 2009, and January 1, 2016, January 1,
13    2021, and June 30, 2022, and then every 5 years
14    thereafter.
15        The State Health Assessment and State Health
16    Improvement Plan Plan shall assess and recommend
17    priorities and strategies to improve the public health
18    system, and the health status of Illinois residents,
19    reduce health disparities and inequities, and promote
20    health equity. The State Health Assessment and State
21    Health Improvement Plan development and implementation
22    shall conform to national Public Health Accreditation
23    Board Standards. The State Health Assessment and State
24    Health Improvement Plan development and implementation
25    process shall be carried out with the administrative and
26    operational support of the Department of Public Health

 

 

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1    taking into consideration national health objectives and
2    system standards as frameworks for assessment.
3        The State Health Assessment shall include
4    comprehensive, broad-based data and information from a
5    variety of sources on health status and the public health
6    system including:
7            (i) quantitative data, if it is available, on the
8        demographics and health status of the population,
9        including data over time on health by gender identity,
10        sexual orientation, race, ethnicity, age,
11        socio-economic factors, geographic region, disability
12        status, and other indicators of disparity;
13            (ii) quantitative data on social and structural
14        issues affecting health (social and structural
15        determinants of health), including, but not limited
16        to, housing, transportation, educational attainment,
17        employment, and income inequality;
18            (iii) priorities and strategies developed at the
19        community level through the Illinois Project for Local
20        Assessment of Needs (IPLAN) and other local and
21        regional community health needs assessments;
22            (iv) qualitative data representing the
23        population's input on health concerns and well-being,
24        including the perceptions of people experiencing
25        disparities and health inequities;
26            (v) information on health disparities and health

 

 

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1        inequities; and
2            (vi) information on public health system strengths
3        and areas for improvement.
4        The Plan shall also take into consideration priorities
5    and strategies developed at the community level through
6    the Illinois Project for Local Assessment of Needs (IPLAN)
7    and any regional health improvement plans that may be
8    developed.
9        The State Health Improvement Plan Plan shall focus on
10    prevention, social determinants of health, and promoting
11    health equity as key strategies as a key strategy for
12    long-term health improvement in Illinois.
13        The State Health Improvement Plan Plan shall identify
14    priority State health issues and social issues affecting
15    health, and shall examine and make recommendations on the
16    contributions and strategies of the public and private
17    sectors for improving health status and the public health
18    system in the State. In addition to recommendations on
19    health status improvement priorities and strategies for
20    the population of the State as a whole, the State Health
21    Improvement Plan Plan shall make recommendations, provided
22    that data exists to support such recommendations,
23    regarding priorities and strategies for reducing and
24    eliminating health disparities and health inequities in
25    Illinois; including racial, ethnic, gender identification,
26    sexual orientation, age, disability, socio-economic, and

 

 

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1    geographic disparities. The State Health Improvement Plan
2    shall make recommendations regarding social determinants
3    of health, such as housing, transportation, educational
4    attainment, employment, and income inequality.
5        The development and implementation of the State Health
6    Assessment and State Health Improvement Plan shall be a
7    collaborative public-private cross-agency effort overseen
8    by the SHA and SHIP Partnership. The Director of Public
9    Health shall consult with the Governor to ensure
10    participation by the head of State agencies with public
11    health responsibilities (or their designees) in the SHA
12    and SHIP Partnership, including, but not limited to, the
13    Department of Public Health, the Department of Human
14    Services, the Department of Healthcare and Family
15    Services, the Department of Children and Family Services,
16    the Environmental Protection Agency, the Illinois State
17    Board of Education, the Department on Aging, the Illinois
18    Housing Development Authority, the Illinois Criminal
19    Justice Information Authority, the Department of
20    Agriculture, the Department of Transportation, the
21    Department of Corrections, the Department of Commerce and
22    Economic Opportunity, and the Chair of the State Board of
23    Health to also serve on the Partnership. A member of the
24    Governors' staff shall participate in the Partnership and
25    serve as a liaison to the Governors' office.
26        The Director of the Illinois Department of Public

 

 

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1    Health shall appoint a minimum of 15 other members of the
2    SHA and SHIP Partnership representing a Planning Team that
3    includes a range of public, private, and voluntary sector
4    stakeholders and participants in the public health system.
5    For the first SHA and SHIP Partnership after the effective
6    date of this amendatory Act of the 102nd General Assembly,
7    one-half of the members shall be appointed for a 3-year
8    term, and one-half of the members shall be appointed for a
9    5-year term. Subsequently, members shall be appointed to
10    5-year terms. Should any member not be able to fulfill his
11    or her term, the Director may appoint a replacement to
12    complete that term. The Director, in consultation with the
13    SHA and SHIP Partnership, may engage additional
14    individuals and organizations to serve on subcommittees
15    and ad hoc efforts to conduct the State Health Assessment
16    and develop and implement the State Health Improvement
17    Plan. Members of the SHA and SHIP Partnership shall
18    receive no compensation for serving as members, but may be
19    reimbursed for their necessary expenses if departmental
20    resources allow.
21        The SHA and SHIP Partnership This Team shall include:
22    the directors of State agencies with public health
23    responsibilities (or their designees), including but not
24    limited to the Illinois Departments of Public Health and
25    Department of Human Services, representatives of local
26    health departments, representatives of local community

 

 

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1    health partnerships, and individuals with expertise who
2    represent an array of organizations and constituencies
3    engaged in public health improvement and prevention, such
4    as non-profit public interest groups, groups serving
5    populations that experience health disparities and health
6    inequities, groups addressing social determinants of
7    health, health issue groups, faith community groups,
8    health care providers, businesses and employers, academic
9    institutions, and community-based organizations.
10        The Director shall endeavor to make the membership of
11    the Partnership diverse and inclusive of the racial,
12    ethnic, gender, socio-economic, and geographic diversity
13    of the State. The SHA and SHIP Partnership shall be
14    chaired by the Director of Public Health or his or her
15    designee.
16        The SHA and SHIP Partnership shall develop and
17    implement a community engagement process that facilitates
18    input into the development of the State Health Assessment
19    and State Health Improvement Plan. This engagement process
20    shall ensure that individuals with lived experience in the
21    issues addressed in the State Health Assessment and State
22    Health Improvement Plan are meaningfully engaged in the
23    development and implementation of the State Health
24    Assessment and State Health Improvement Plan.
25        The State Board of Health shall hold at least 3 public
26    hearings addressing a draft of the State Health

 

 

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1    Improvement Plan drafts of the Plan in representative
2    geographic areas of the State. Members of the Planning
3    Team shall receive no compensation for their services, but
4    may be reimbursed for their necessary expenses.
5        Upon the delivery of each State Health Improvement
6    Plan, the Governor shall appoint a SHIP Implementation
7    Coordination Council that includes a range of public,
8    private, and voluntary sector stakeholders and
9    participants in the public health system. The Council
10    shall include the directors of State agencies and entities
11    with public health system responsibilities (or their
12    designees), including but not limited to the Department of
13    Public Health, Department of Human Services, Department of
14    Healthcare and Family Services, Environmental Protection
15    Agency, Illinois State Board of Education, Department on
16    Aging, Illinois Violence Prevention Authority, Department
17    of Agriculture, Department of Insurance, Department of
18    Financial and Professional Regulation, Department of
19    Transportation, and Department of Commerce and Economic
20    Opportunity and the Chair of the State Board of Health.
21    The Council shall include representatives of local health
22    departments and individuals with expertise who represent
23    an array of organizations and constituencies engaged in
24    public health improvement and prevention, including
25    non-profit public interest groups, health issue groups,
26    faith community groups, health care providers, businesses

 

 

10200HB0158ham001- 159 -LRB102 10244 CPF 23250 a

1    and employers, academic institutions, and community-based
2    organizations. The Governor shall endeavor to make the
3    membership of the Council representative of the racial,
4    ethnic, gender, socio-economic, and geographic diversity
5    of the State. The Governor shall designate one State
6    agency representative and one other non-governmental
7    member as co-chairs of the Council. The Governor shall
8    designate a member of the Governor's office to serve as
9    liaison to the Council and one or more State agencies to
10    provide or arrange for support to the Council. The members
11    of the SHIP Implementation Coordination Council for each
12    State Health Improvement Plan shall serve until the
13    delivery of the subsequent State Health Improvement Plan,
14    whereupon a new Council shall be appointed. Members of the
15    SHIP Planning Team may serve on the SHIP Implementation
16    Coordination Council if so appointed by the Governor.
17        Upon the delivery of each State Health Assessment and
18    State Health Improvement Plan, the SHA and SHIP
19    Partnership The SHIP Implementation Coordination Council
20    shall coordinate the efforts and engagement of the public,
21    private, and voluntary sector stakeholders and
22    participants in the public health system to implement each
23    SHIP. The Partnership Council shall serve as a forum for
24    collaborative action; coordinate existing and new
25    initiatives; develop detailed implementation steps, with
26    mechanisms for action; implement specific projects;

 

 

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1    identify public and private funding sources at the local,
2    State and federal level; promote public awareness of the
3    SHIP; and advocate for the implementation of the SHIP. The
4    SHA and SHIP Partnership shall implement strategies to
5    ensure that individuals and communities affected by health
6    disparities and health inequities are engaged in the
7    process throughout the 5-year cycle. The SHA and SHIP
8    Partnership shall regularly evaluate and update the State
9    Health Assessment and track implementation of the State
10    Health Improvement Plan with revisions as necessary. The
11    SHA and SHIP Partnership shall not have the authority to
12    direct any public or private entity to take specific
13    action to implement the SHIP. ; and develop an annual
14    report to the Governor, General Assembly, and public
15    regarding the status of implementation of the SHIP. The
16    Council shall not, however, have the authority to direct
17    any public or private entity to take specific action to
18    implement the SHIP.
19        The State Board of Health shall submit a report by
20    January 31 of each year on the status of State Health
21    Improvement Plan implementation and community engagement
22    activities to the Governor, General Assembly, and public.
23    In the fifth year, the report may be consolidated into the
24    new State Health Assessment and State Health Improvement
25    Plan.
26        (11) Upon the request of the Governor, to recommend to

 

 

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1    the Governor candidates for Director of Public Health when
2    vacancies occur in the position.
3        (12) To adopt bylaws for the conduct of its own
4    business, including the authority to establish ad hoc
5    committees to address specific public health programs
6    requiring resolution.
7        (13) (Blank).
8    Upon appointment, the Board shall elect a chairperson from
9among its members.
10    Members of the Board shall receive compensation for their
11services at the rate of $150 per day, not to exceed $10,000 per
12year, as designated by the Director for each day required for
13transacting the business of the Board and shall be reimbursed
14for necessary expenses incurred in the performance of their
15duties. The Board shall meet from time to time at the call of
16the Department, at the call of the chairperson, or upon the
17request of 3 of its members, but shall not meet less than 4
18times per year.
19    (b) (Blank).
20    (c) An Advisory Board on Necropsy Service to Coroners,
21which shall counsel and advise with the Director on the
22administration of the Autopsy Act. The Advisory Board shall
23consist of 11 members, including a senior citizen age 60 or
24over, appointed by the Governor, one of whom shall be
25designated as chairman by a majority of the members of the
26Board. In the appointment of the first Board the Governor

 

 

10200HB0158ham001- 162 -LRB102 10244 CPF 23250 a

1shall appoint 3 members to serve for terms of 1 year, 3 for
2terms of 2 years, and 3 for terms of 3 years. The members first
3appointed under Public Act 83-1538 shall serve for a term of 3
4years. All members appointed thereafter shall be appointed for
5terms of 3 years, except that when an appointment is made to
6fill a vacancy, the appointment shall be for the remaining
7term of the position vacant. The members of the Board shall be
8citizens of the State of Illinois. In the appointment of
9members of the Advisory Board the Governor shall appoint 3
10members who shall be persons licensed to practice medicine and
11surgery in the State of Illinois, at least 2 of whom shall have
12received post-graduate training in the field of pathology; 3
13members who are duly elected coroners in this State; and 5
14members who shall have interest and abilities in the field of
15forensic medicine but who shall be neither persons licensed to
16practice any branch of medicine in this State nor coroners. In
17the appointment of medical and coroner members of the Board,
18the Governor shall invite nominations from recognized medical
19and coroners organizations in this State respectively. Board
20members, while serving on business of the Board, shall receive
21actual necessary travel and subsistence expenses while so
22serving away from their places of residence.
23(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
24revised 7-17-19.)
 
25
Article 125.

 

 

 

10200HB0158ham001- 163 -LRB102 10244 CPF 23250 a

1    Section 125-1. Short title. This Article may be cited as
2the Health and Human Services Task Force and Study Act.
3References in this Article to "this Act" mean this Article.
 
4    Section 125-5. Findings. The General Assembly finds that:
5        (1) The State is committed to improving the health and
6    well-being of Illinois residents and families.
7        (2) According to data collected by the Kaiser
8    Foundation, Illinois had over 905,000 uninsured residents
9    in 2019, with a total uninsured rate of 7.3%.
10        (3) Many Illinois residents and families who have
11    health insurance cannot afford to use it due to high
12    deductibles and cost sharing.
13        (4) Lack of access to affordable health care services
14    disproportionately affects minority communities
15    throughout the State, leading to poorer health outcomes
16    among those populations.
17        (5) Illinois Medicaid beneficiaries are not receiving
18    the coordinated and effective care they need to support
19    their overall health and well-being.
20        (6) Illinois has an opportunity to improve the health
21    and well-being of a historically underserved and
22    vulnerable population by providing more coordinated and
23    higher quality care to its Medicaid beneficiaries.
24        (7) The State of Illinois has a responsibility to help

 

 

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1    crime victims access justice, assistance, and the support
2    they need to heal.
3        (8) Research has shown that people who are repeatedly
4    victimized are more likely to face mental health problems
5    such as depression, anxiety, and symptoms related to
6    post-traumatic stress disorder and chronic trauma.
7        (9) Trauma-informed care has been promoted and
8    established in communities across the country on a
9    bipartisan basis, and numerous federal agencies have
10    integrated trauma-informed approaches into their programs
11    and grants, which should be leveraged by the State of
12    Illinois.
13        (10) Infants, children, and youth and their families
14    who have experienced or are at risk of experiencing
15    trauma, including those who are low-income, homeless,
16    involved with the child welfare system, involved in the
17    juvenile or adult justice system, unemployed, or not
18    enrolled in or at risk of dropping out of an educational
19    institution and live in a community that has faced acute
20    or long-term exposure to substantial discrimination,
21    historical oppression, intergenerational poverty, a high
22    rate of violence or drug overdose deaths, should have an
23    opportunity for improved outcomes; this means increasing
24    access to greater opportunities to meet educational,
25    employment, health, developmental, community reentry,
26    permanency from foster care, or other key goals.
 

 

 

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1    Section 125-10. Health and Human Services Task Force. The
2Health and Human Services Task Force is created within the
3Department of Human Services to undertake a systematic review
4of health and human service departments and programs with the
5goal of improving health and human service outcomes for
6Illinois residents.
 
7    Section 125-15. Study.
8    (1) The Task Force shall review all health and human
9service departments and programs and make recommendations for
10achieving a system that will improve interagency
11interoperability with respect to improving access to
12healthcare, healthcare disparities, workforce competency and
13diversity, social determinants of health, and data sharing and
14collection. These recommendations shall include, but are not
15limited to, the following elements:
16        (i) impact on infant and maternal mortality;
17        (ii) impact of hospital closures, including safety-net
18    hospitals, on local communities; and
19        (iii) impact on Medicaid Managed Care Organizations.
20    (2) The Task Force shall review and make recommendations
21on ways the Medicaid program can partner and cooperate with
22other agencies, including but not limited to the Department of
23Agriculture, the Department of Insurance, the Department of
24Human Services, the Department of Labor, the Environmental

 

 

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1Protection Agency, and the Department of Public Health, to
2better address social determinants of public health,
3including, but not limited to, food deserts, affordable
4housing, environmental pollutions, employment, education, and
5public support services. This shall include a review and
6recommendations on ways Medicaid and the agencies can share
7costs related to better health outcomes.
8    (3) The Task Force shall review the current partnership,
9communication, and cooperation between Federally Qualified
10Health Centers (FQHCs) and safety-net hospitals in Illinois
11and make recommendations on public policies that will improve
12interoperability and cooperations between these entities in
13order to achieve improved coordinated care and better health
14outcomes for vulnerable populations in the State.
15    (4) The Task Force shall review and examine public
16policies affecting trauma and social determinants of health,
17including trauma-informed care, and make recommendations on
18ways to improve and integrate trauma-informed approaches into
19programs and agencies in the State, including, but not limited
20to, Medicaid and other health care programs administered by
21the State, and increase awareness of trauma and its effects on
22communities across Illinois.
23    (5) The Task Force shall review and examine the connection
24between access to education and health outcomes particularly
25in African American and minority communities and make
26recommendations on public policies to address any gaps or

 

 

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1deficiencies.
 
2    Section 125-20. Membership; appointments; meetings;
3support.
4    (1) The Task Force shall include representation from both
5public and private organizations, and its membership shall
6reflect regional, racial, and cultural diversity to ensure
7representation of the needs of all Illinois citizens. Task
8Force members shall include one member appointed by the
9President of the Senate, one member appointed by the Minority
10Leader of the Senate, one member appointed by the Speaker of
11the House of Representatives, one member appointed by the
12Minority Leader of the House of Representatives, and other
13members appointed by the Governor. The Governor's appointments
14shall include, without limitation, the following:
15        (A) One member of the Senate, appointed by the Senate
16    President, who shall serve as Co-Chair;
17        (B) One member of the House of Representatives,
18    appointed by the Speaker of the House, who shall serve as
19    Co-Chair;
20        (C) Eight members of the General Assembly representing
21    each of the majority and minority caucuses of each
22    chamber.
23        (D) The Directors or Secretaries of the following
24    State agencies or their designees:
25            (i) Department of Human Services.

 

 

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1            (ii) Department of Children and Family Services.
2            (iii) Department of Healthcare and Family
3        Services.
4            (iv) State Board of Education.
5            (v) Department on Aging.
6            (vi) Department of Public Health.
7            (vii) Department of Veterans' Affairs.
8            (viii) Department of Insurance.
9        (E) Local government stakeholders and nongovernmental
10    stakeholders with an interest in human services, including
11    representation among the following private-sector fields
12    and constituencies:
13            (i) Early childhood education and development.
14            (ii) Child care.
15            (iii) Child welfare.
16            (iv) Youth services.
17            (v) Developmental disabilities.
18            (vi) Mental health.
19            (vii) Employment and training.
20            (viii) Sexual and domestic violence.
21            (ix) Alcohol and substance abuse.
22            (x) Local community collaborations among human
23        services programs.
24            (xi) Immigrant services.
25            (xii) Affordable housing.
26            (xiii) Food and nutrition.

 

 

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1            (xiv) Homelessness.
2            (xv) Older adults.
3            (xvi) Physical disabilities.
4            (xvii) Maternal and child health.
5            (xviii) Medicaid managed care organizations.
6            (xix) Healthcare delivery.
7            (xx) Health insurance.
8    (2) Members shall serve without compensation for the
9duration of the Task Force.
10    (3) In the event of a vacancy, the appointment to fill the
11vacancy shall be made in the same manner as the original
12appointment.
13    (4) The Task Force shall convene within 60 days after the
14effective date of this Act. The initial meeting of the Task
15Force shall be convened by the co-chair selected by the
16Governor. Subsequent meetings shall convene at the call of the
17co-chairs. The Task Force shall meet on a quarterly basis, or
18more often if necessary.
19    (5) The Department of Human Services shall provide
20administrative support to the Task Force.
 
21    Section 125-25. Report. The Task Force shall report to the
22Governor and the General Assembly on the Task Force's progress
23toward its goals and objectives by June 30, 2021, and every
24June 30 thereafter.
 

 

 

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1    Section 125-30. Transparency. In addition to whatever
2policies or procedures it may adopt, all operations of the
3Task Force shall be subject to the provisions of the Freedom of
4Information Act and the Open Meetings Act. This Section shall
5not be construed so as to preclude other State laws from
6applying to the Task Force and its activities.
 
7    Section 125-40. Repeal. This Article is repealed June 30,
82023.
 
9
Article 130.

 
10    Section 130-1. Short title. This Article may be cited as
11the Anti-Racism Commission Act. References in this Article to
12"this Act" mean this Article.
 
13    Section 130-5. Findings. The General Assembly finds and
14declares all of the following:
15        (1) Public health is the science and art of preventing
16    disease, of protecting and improving the health of people,
17    entire populations, and their communities; this work is
18    achieved by promoting healthy lifestyles and choices,
19    researching disease, and preventing injury.
20        (2) Public health professionals try to prevent
21    problems from happening or recurring through implementing
22    educational programs, recommending policies,

 

 

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1    administering services, and limiting health disparities
2    through the promotion of equitable and accessible
3    healthcare.
4        (3) According to the Centers for Disease Control and
5    Prevention, racism and segregation in the State of
6    Illinois have exacerbated a health divide, resulting in
7    Black residents having lower life expectancies than white
8    citizens of this State and being far more likely than
9    other races to die prematurely (before the age of 75) and
10    to die of heart disease or stroke; Black residents of
11    Illinois have a higher level of infant mortality, lower
12    birth weight babies, and are more likely to be overweight
13    or obese as adults, have adult diabetes, and have
14    long-term complications from diabetes that exacerbate
15    other conditions, including the susceptibility to
16    COVID-19.
17        (4) Black and Brown people are more likely to
18    experience poor health outcomes as a consequence of their
19    social determinants of health, health inequities stemming
20    from economic instability, education, physical
21    environment, food, and access to health care systems.
22        (5) Black residents in Illinois are more likely than
23    white residents to experience violence-related trauma as a
24    result of socioeconomic conditions resulting from systemic
25    racism.
26        (6) Racism is a social system with multiple dimensions

 

 

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1    in which individual racism is internalized or
2    interpersonal and systemic racism is institutional or
3    structural and is a system of structuring opportunity and
4    assigning value based on the social interpretation of how
5    one looks; this unfairly disadvantages specific
6    individuals and communities, while unfairly giving
7    advantages to other individuals and communities; it saps
8    the strength of the whole society through the waste of
9    human resources.
10        (7) Racism causes persistent racial discrimination
11    that influences many areas of life, including housing,
12    education, employment, and criminal justice; an emerging
13    body of research demonstrates that racism itself is a
14    social determinant of health.
15        (8) More than 100 studies have linked racism to worse
16    health outcomes.
17        (9) The American Public Health Association launched a
18    National Campaign against Racism.
19        (10) Public health's responsibilities to address
20    racism include reshaping our discourse and agenda so that
21    we all actively engage in racial justice work.
 
22    Section 130-10. Anti-Racism Commission.
23    (a) The Anti-Racism Commission is hereby created to
24identify and propose statewide policies to eliminate systemic
25racism and advance equitable solutions for Black and Brown

 

 

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1people in Illinois.
2    (b) The Anti-Racism Commission shall consist of the
3following members, who shall serve without compensation:
4        (1) one member of the House of Representatives,
5    appointed by the Speaker of the House of Representatives,
6    who shall serve as co-chair;
7        (2) one member of the Senate, appointed by the Senate
8    President, who shall serve as co-chair;
9        (3) one member of the House of Representatives,
10    appointed by the Minority Leader of the House of
11    Representatives;
12        (4) one member of the Senate, appointed by the
13    Minority Leader of the Senate;
14        (5) the Director of Public Health, or his or her
15    designee;
16        (6) the Chair of the House Black Caucus;
17        (7) the Chair of the Senate Black Caucus;
18        (8) the Chair of the Joint Legislative Black Caucus;
19        (9) the director of a statewide association
20    representing public health departments, appointed by the
21    Speaker of the House of Representatives;
22        (10) the Chair of the House Latino Caucus;
23        (11) the Chair of the Senate Latino Caucus;
24        (12) one community member appointed by the House Black
25    Caucus Chair;
26        (13) one community member appointed by the Senate

 

 

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1    Black Caucus Chair;
2        (14) one community member appointed by the House
3    Latino Caucus Chair; and
4        (15) one community member appointed by the Senate
5    Latino Caucus Chair.
6    (c) The Department of Public Health shall provide
7administrative support for the Commission.
8    (d) The Commission is charged with, but not limited to,
9the following tasks:
10        (1) Working to create an equity and justice-oriented
11    State government.
12        (2) Assessing the policy and procedures of all State
13    agencies to ensure racial equity is a core element of
14    State government.
15        (3) Developing and incorporating into the
16    organizational structure of State government a plan for
17    educational efforts to understand, address, and dismantle
18    systemic racism in government actions.
19        (4) Recommending and advocating for policies that
20    improve health in Black and Brown people and support
21    local, State, regional, and federal initiatives that
22    advance efforts to dismantle systemic racism.
23        (5) Working to build alliances and partnerships with
24    organizations that are confronting racism and encouraging
25    other local, State, regional, and national entities to
26    recognize racism as a public health crisis.

 

 

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1        (6) Promoting community engagement, actively engaging
2    citizens on issues of racism and assisting in providing
3    tools to engage actively and authentically with Black and
4    Brown people.
5        (7) Reviewing all portions of codified State laws
6    through the lens of racial equity.
7        (8) Working with the Department of Central Management
8    Services to update policies that encourage diversity in
9    human resources, including hiring, board appointments, and
10    vendor selection by agencies, and to review all grant
11    management activities with an eye toward equity and
12    workforce development.
13        (9) Recommending policies that promote racially
14    equitable economic and workforce development practices.
15        (10) Promoting and supporting all policies that
16    prioritize the health of all people, especially people of
17    color, by mitigating exposure to adverse childhood
18    experiences and trauma in childhood and ensuring
19    implementation of health and equity in all policies.
20        (11) Encouraging community partners and stakeholders
21    in the education, employment, housing, criminal justice,
22    and safety arenas to recognize racism as a public health
23    crisis and to implement policy recommendations.
24        (12) Identifying clear goals and objectives, including
25    specific benchmarks, to assess progress.
26        (13) Holding public hearings across Illinois to

 

 

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1    continue to explore and to recommend needed action by the
2    General Assembly.
3        (14) Working with the Governor and the General
4    Assembly to identify the necessary funds to support the
5    Anti-Racism Commission and its endeavors.
6        (15) Identifying resources to allocate to Black and
7    Brown communities on an annual basis.
8        (16) Encouraging corporate investment in anti-racism
9    policies in Black and Brown communities.
10    (e) The Commission shall submit its final report to the
11Governor and the General Assembly no later than December 31,
122021. The Commission is dissolved upon the filing of its
13report.
 
14    Section 130-15. Repeal. This Article is repealed on
15January 1, 2023.
 
16
Article 131.

 
17    Section 131-1. Short title. This Article may be cited as
18the Sickle Cell Prevention, Care, and Treatment Program Act.
19References in this Article to "this Act" mean this Article.
 
20    Section 131-5. Definitions. As used in this Act:
21    "Department" means the Department of Public Health.
22    "Program" means the Sickle Cell Prevention, Care, and

 

 

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1Treatment Program.
 
2    Section 131-10. Sickle Cell Prevention, Care, and
3Treatment Program. The Department shall establish a grant
4program for the purpose of providing for the prevention, care,
5and treatment of sickle cell disease and for educational
6programs concerning the disease.
 
7    Section 131-15. Grants; eligibility standards.
8    (a) The Department shall do the following:
9        (1)(A) Develop application criteria and standards of
10    eligibility for groups or organizations who apply for
11    funds under the program.
12        (B) Make available grants to groups and organizations
13    who meet the eligibility standards set by the Department.
14    However:
15            (i) the highest priority for grants shall be
16        accorded to established sickle cell disease
17        community-based organizations throughout Illinois; and
18            (ii) priority shall also be given to ensuring the
19        establishment of sickle cell disease centers in
20        underserved areas that have a higher population of
21        sickle cell disease patients.
22        (2) Determine the maximum amount available for each
23    grant provided under subparagraph (B) of paragraph (1).
24        (3) Determine policies for the expiration and renewal

 

 

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1    of grants provided under subparagraph (B) of paragraph
2    (1).
3        (4) Require that all grant funds be used for the
4    purpose of prevention, care, and treatment of sickle cell
5    disease or for educational programs concerning the
6    disease. Grant funds shall be used for one or more of the
7    following purposes:
8            (A) Assisting in the development and expansion of
9        care for the treatment of individuals with sickle cell
10        disease, particularly for adults, including the
11        following types of care:
12                (i) Self-administered care.
13                (ii) Preventive care.
14                (iii) Home care.
15                (iv) Other evidence-based medical procedures
16            and techniques designed to provide maximum control
17            over sickling episodes typical of occurring to an
18            individual with the disease.
19            (B) Increasing access to health care for
20        individuals with sickle cell disease.
21            (C) Establishing additional sickle cell disease
22        infusion centers.
23            (D) Increasing access to mental health resources
24        and pain management therapies for individuals with
25        sickle cell disease.
26            (E) Providing counseling to any individual, at no

 

 

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1        cost, concerning sickle cell disease and sickle cell
2        trait, and the characteristics, symptoms, and
3        treatment of the disease.
4                (i) The counseling described in this
5            subparagraph (E) may consist of any of the
6            following:
7                    (I) Genetic counseling for an individual
8                who tests positive for the sickle cell trait.
9                    (II) Psychosocial counseling for an
10                individual who tests positive for sickle cell
11                disease, including any of the following:
12                        (aa) Social service counseling.
13                        (bb) Psychological counseling.
14                        (cc) Psychiatric counseling.
15        (5) Develop a sickle cell disease educational outreach
16    program that includes the dissemination of educational
17    materials to the following concerning sickle cell disease
18    and sickle cell trait:
19            (A) Medical residents.
20            (B) Immigrants.
21            (C) Schools and universities.
22        (6) Adopt any rules necessary to implement the
23    provisions of this Act.
24    (b) The Department may contract with an entity to
25implement the sickle cell disease educational outreach program
26described in paragraph (5) of subsection (a).
 

 

 

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1    Section 131-20. Sickle Cell Chronic Disease Fund.
2    (a) The Sickle Cell Chronic Disease Fund is created as a
3special fund in the State treasury for the purpose of carrying
4out the provisions of this Act and for no other purpose. The
5Fund shall be administered by the Department.
6    (b) The Fund shall consist of:
7        (1) Any moneys appropriated to the Department for the
8    Sickle Cell Prevention, Care, and Treatment Program.
9        (2) Gifts, bequests, and other sources of funding.
10        (3) All interest earned on moneys in the Fund.
 
11    Section 131-25. Study.
12    (a) Before July 1, 2022, and on a biennial basis
13thereafter, the Department, with the assistance of:
14        (1) the Center for Minority Health Services;
15        (2) health care providers that treat individuals with
16    sickle cell disease;
17        (3) individuals diagnosed with sickle cell disease;
18        (4) representatives of community-based organizations
19    that serve individuals with sickle cell disease; and
20        (5) data collected via newborn screening for sickle
21    cell disease;
22shall perform a study to determine the prevalence, impact, and
23needs of individuals with sickle cell disease and the sickle
24cell trait in Illinois.

 

 

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1    (b) The study must include the following:
2        (1) The prevalence, by geographic location, of
3    individuals diagnosed with sickle cell disease in
4    Illinois.
5        (2) The prevalence, by geographic location, of
6    individuals diagnosed as sickle cell trait carriers in
7    Illinois.
8        (3) The availability and affordability of screening
9    services in Illinois for the sickle cell trait.
10        (4) The location and capacity of the following for the
11    treatment of sickle cell disease and sickle cell trait
12    carriers:
13            (A) Treatment centers.
14            (B) Clinics.
15            (C) Community-based social service organizations.
16            (D) Medical specialists.
17        (5) The unmet medical, psychological, and social needs
18    encountered by individuals in Illinois with sickle cell
19    disease.
20        (6) The underserved areas of Illinois for the
21    treatment of sickle cell disease.
22        (7) Recommendations for actions to address any
23    shortcomings in the State identified under this Section.
24    (c) The Department shall submit a report on the study
25performed under this Section to the General Assembly.
 

 

 

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1    Section 131-30. Implementation subject to appropriation.
2Implementation of this Act is subject to appropriation.
 
3    Section 131-90. The State Finance Act is amended by adding
4Section 5.937 as follows:
 
5    (30 ILCS 105/5.937 new)
6    Sec. 5.937. The Sickle Cell Chronic Disease Fund.
 
7
Title VII. Hospital Closure

 
8
Article 135.

 
9    Section 135-5. The Illinois Health Facilities Planning Act
10is amended by changing Sections 4, 5.4, and 8.7 as follows:
 
11    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
12    (Section scheduled to be repealed on December 31, 2029)
13    Sec. 4. Health Facilities and Services Review Board;
14membership; appointment; term; compensation; quorum.
15    (a) There is created the Health Facilities and Services
16Review Board, which shall perform the functions described in
17this Act. The Department shall provide operational support to
18the Board as necessary, including the provision of office
19space, supplies, and clerical, financial, and accounting
20services. The Board may contract for functions or operational

 

 

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1support as needed. The Board may also contract with experts
2related to specific health services or facilities and create
3technical advisory panels to assist in the development of
4criteria, standards, and procedures used in the evaluation of
5applications for permit and exemption.
6    (b) The State Board shall consist of 11 9 voting members.
7All members shall be residents of Illinois and at least 4 shall
8reside outside the Chicago Metropolitan Statistical Area.
9Consideration shall be given to potential appointees who
10reflect the ethnic and cultural diversity of the State.
11Neither Board members nor Board staff shall be convicted
12felons or have pled guilty to a felony.
13    Each member shall have a reasonable knowledge of the
14practice, procedures and principles of the health care
15delivery system in Illinois, including at least 5 members who
16shall be knowledgeable about health care delivery systems,
17health systems planning, finance, or the management of health
18care facilities currently regulated under the Act. One member
19shall be a representative of a non-profit health care consumer
20advocacy organization. One member shall be a representative
21from the community with experience on the effects of
22discontinuing health care services or the closure of health
23care facilities on the surrounding community; provided,
24however, that all other members of the Board shall be
25appointed before this member shall be appointed. A spouse,
26parent, sibling, or child of a Board member cannot be an

 

 

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1employee, agent, or under contract with services or facilities
2subject to the Act. Prior to appointment and in the course of
3service on the Board, members of the Board shall disclose the
4employment or other financial interest of any other relative
5of the member, if known, in service or facilities subject to
6the Act. Members of the Board shall declare any conflict of
7interest that may exist with respect to the status of those
8relatives and recuse themselves from voting on any issue for
9which a conflict of interest is declared. No person shall be
10appointed or continue to serve as a member of the State Board
11who is, or whose spouse, parent, sibling, or child is, a member
12of the Board of Directors of, has a financial interest in, or
13has a business relationship with a health care facility.
14    Notwithstanding any provision of this Section to the
15contrary, the term of office of each member of the State Board
16serving on the day before the effective date of this
17amendatory Act of the 96th General Assembly is abolished on
18the date upon which members of the 9-member Board, as
19established by this amendatory Act of the 96th General
20Assembly, have been appointed and can begin to take action as a
21Board.
22    (c) The State Board shall be appointed by the Governor,
23with the advice and consent of the Senate. Not more than 6 5 of
24the appointments shall be of the same political party at the
25time of the appointment.
26    The Secretary of Human Services, the Director of

 

 

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1Healthcare and Family Services, and the Director of Public
2Health, or their designated representatives, shall serve as
3ex-officio, non-voting members of the State Board.
4    (d) Of those 9 members initially appointed by the Governor
5following the effective date of this amendatory Act of the
696th General Assembly, 3 shall serve for terms expiring July
71, 2011, 3 shall serve for terms expiring July 1, 2012, and 3
8shall serve for terms expiring July 1, 2013. Thereafter, each
9appointed member shall hold office for a term of 3 years,
10provided that any member appointed to fill a vacancy occurring
11prior to the expiration of the term for which his or her
12predecessor was appointed shall be appointed for the remainder
13of such term and the term of office of each successor shall
14commence on July 1 of the year in which his predecessor's term
15expires. Each member shall hold office until his or her
16successor is appointed and qualified. The Governor may
17reappoint a member for additional terms, but no member shall
18serve more than 3 terms, subject to review and re-approval
19every 3 years.
20    (e) State Board members, while serving on business of the
21State Board, shall receive actual and necessary travel and
22subsistence expenses while so serving away from their places
23of residence. Until March 1, 2010, a member of the State Board
24who experiences a significant financial hardship due to the
25loss of income on days of attendance at meetings or while
26otherwise engaged in the business of the State Board may be

 

 

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1paid a hardship allowance, as determined by and subject to the
2approval of the Governor's Travel Control Board.
3    (f) The Governor shall designate one of the members to
4serve as the Chairman of the Board, who shall be a person with
5expertise in health care delivery system planning, finance or
6management of health care facilities that are regulated under
7the Act. The Chairman shall annually review Board member
8performance and shall report the attendance record of each
9Board member to the General Assembly.
10    (g) The State Board, through the Chairman, shall prepare a
11separate and distinct budget approved by the General Assembly
12and shall hire and supervise its own professional staff
13responsible for carrying out the responsibilities of the
14Board.
15    (h) The State Board shall meet at least every 45 days, or
16as often as the Chairman of the State Board deems necessary, or
17upon the request of a majority of the members.
18    (i) Six Five members of the State Board shall constitute a
19quorum. The affirmative vote of 6 5 of the members of the State
20Board shall be necessary for any action requiring a vote to be
21taken by the State Board. A vacancy in the membership of the
22State Board shall not impair the right of a quorum to exercise
23all the rights and perform all the duties of the State Board as
24provided by this Act.
25    (j) A State Board member shall disqualify himself or
26herself from the consideration of any application for a permit

 

 

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1or exemption in which the State Board member or the State Board
2member's spouse, parent, sibling, or child: (i) has an
3economic interest in the matter; or (ii) is employed by,
4serves as a consultant for, or is a member of the governing
5board of the applicant or a party opposing the application.
6    (k) The Chairman, Board members, and Board staff must
7comply with the Illinois Governmental Ethics Act.
8(Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)
 
9    (20 ILCS 3960/5.4)
10    (Section scheduled to be repealed on December 31, 2029)
11    Sec. 5.4. Safety Net Impact Statement.
12    (a) General review criteria shall include a requirement
13that all health care facilities, with the exception of skilled
14and intermediate long-term care facilities licensed under the
15Nursing Home Care Act, provide a Safety Net Impact Statement,
16which shall be filed with an application for a substantive
17project or when the application proposes to discontinue a
18category of service.
19    (b) For the purposes of this Section, "safety net
20services" are services provided by health care providers or
21organizations that deliver health care services to persons
22with barriers to mainstream health care due to lack of
23insurance, inability to pay, special needs, ethnic or cultural
24characteristics, or geographic isolation. Safety net service
25providers include, but are not limited to, hospitals and

 

 

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1private practice physicians that provide charity care,
2school-based health centers, migrant health clinics, rural
3health clinics, federally qualified health centers, community
4health centers, public health departments, and community
5mental health centers.
6    (c) As developed by the applicant, a Safety Net Impact
7Statement shall describe all of the following:
8        (1) The project's material impact, if any, on
9    essential safety net services in the community, including
10    the impact on racial and health care disparities in the
11    community, to the extent that it is feasible for an
12    applicant to have such knowledge.
13        (2) The project's impact on the ability of another
14    provider or health care system to cross-subsidize safety
15    net services, if reasonably known to the applicant.
16        (3) How the discontinuation of a facility or service
17    might impact the remaining safety net providers in a given
18    community, if reasonably known by the applicant.
19    (d) Safety Net Impact Statements shall also include all of
20the following:
21        (1) For the 3 fiscal years prior to the application, a
22    certification describing the amount of charity care
23    provided by the applicant. The amount calculated by
24    hospital applicants shall be in accordance with the
25    reporting requirements for charity care reporting in the
26    Illinois Community Benefits Act. Non-hospital applicants

 

 

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1    shall report charity care, at cost, in accordance with an
2    appropriate methodology specified by the Board.
3        (2) For the 3 fiscal years prior to the application, a
4    certification of the amount of care provided to Medicaid
5    patients. Hospital and non-hospital applicants shall
6    provide Medicaid information in a manner consistent with
7    the information reported each year to the State Board
8    regarding "Inpatients and Outpatients Served by Payor
9    Source" and "Inpatient and Outpatient Net Revenue by Payor
10    Source" as required by the Board under Section 13 of this
11    Act and published in the Annual Hospital Profile.
12        (3) Any information the applicant believes is directly
13    relevant to safety net services, including information
14    regarding teaching, research, and any other service.
15    (e) The Board staff shall publish a notice, that an
16application accompanied by a Safety Net Impact Statement has
17been filed, in a newspaper having general circulation within
18the area affected by the application. If no newspaper has a
19general circulation within the county, the Board shall post
20the notice in 5 conspicuous places within the proposed area.
21    (f) Any person, community organization, provider, or
22health system or other entity wishing to comment upon or
23oppose the application may file a Safety Net Impact Statement
24Response with the Board, which shall provide additional
25information concerning a project's impact on safety net
26services in the community.

 

 

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1    (g) Applicants shall be provided an opportunity to submit
2a reply to any Safety Net Impact Statement Response.
3    (h) The State Board Staff Report shall include a statement
4as to whether a Safety Net Impact Statement was filed by the
5applicant and whether it included information on charity care,
6the amount of care provided to Medicaid patients, and
7information on teaching, research, or any other service
8provided by the applicant directly relevant to safety net
9services. The report shall also indicate the names of the
10parties submitting responses and the number of responses and
11replies, if any, that were filed.
12(Source: P.A. 100-518, eff. 6-1-18.)
 
13    (20 ILCS 3960/8.7)
14    (Section scheduled to be repealed on December 31, 2029)
15    Sec. 8.7. Application for permit for discontinuation of a
16health care facility or category of service; public notice and
17public hearing.
18    (a) Upon a finding that an application to close a health
19care facility or discontinue a category of service is
20complete, the State Board shall publish a legal notice on 3
21consecutive days in a newspaper of general circulation in the
22area or community to be affected and afford the public an
23opportunity to request a hearing. If the application is for a
24facility located in a Metropolitan Statistical Area, an
25additional legal notice shall be published in a newspaper of

 

 

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1limited circulation, if one exists, in the area in which the
2facility is located. If the newspaper of limited circulation
3is published on a daily basis, the additional legal notice
4shall be published on 3 consecutive days. The legal notice
5shall also be posted on the Health Facilities and Services
6Review Board's website and sent to the State Representative
7and State Senator of the district in which the health care
8facility is located. In addition, the health care facility
9shall provide notice of closure to the local media that the
10health care facility would routinely notify about facility
11events.
12    An application to close a health care facility shall only
13be deemed complete if it includes evidence that the health
14care facility provided written notice at least 30 days prior
15to filing the application of its intent to do so to the
16municipality in which it is located, the State Representative
17and State Senator of the district in which the health care
18facility is located, the State Board, the Director of Public
19Health, and the Director of Healthcare and Family Services.
20The changes made to this subsection by this amendatory Act of
21the 101st General Assembly shall apply to all applications
22submitted after the effective date of this amendatory Act of
23the 101st General Assembly.
24    (b) No later than 30 days after issuance of a permit to
25close a health care facility or discontinue a category of
26service, the permit holder shall give written notice of the

 

 

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1closure or discontinuation to the State Senator and State
2Representative serving the legislative district in which the
3health care facility is located.
4    (c)(1) If there is a pending lawsuit that challenges an
5application to discontinue a health care facility that either
6names the Board as a party or alleges fraud in the filing of
7the application, the Board may defer action on the application
8for up to 6 months after the date of the initial deferral of
9the application.
10    (2) The Board may defer action on an application to
11discontinue a hospital that is pending before the Board as of
12the effective date of this amendatory Act of the 102nd General
13Assembly for up to 60 days after the effective date of this
14amendatory Act of the 102nd General Assembly.
15    (3) The Board may defer taking final action on an
16application to discontinue a hospital that is filed on or
17after January 12, 2021, until the earlier to occur of: (i) the
18expiration of the statewide disaster declaration proclaimed by
19the Governor of the State of Illinois due to the COVID-19
20pandemic that is in effect on January 12, 2021, or any
21extension thereof, or July 1, 2021, whichever occurs later; or
22(ii) the expiration of the declaration of a public health
23emergency due to the COVID-19 pandemic as declared by the
24Secretary of the U.S. Department of Health and Human Services
25that is in effect on January 12, 2021, or any extension
26thereof, or July 1, 2021, whichever occurs later. This

 

 

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1paragraph (3) is repealed as of the date of the expiration of
2the statewide disaster declaration proclaimed by the Governor
3of the State of Illinois due to the COVID-19 pandemic that is
4in effect on January 12, 2021, or any extension thereof, or
5July 1, 2021, whichever occurs later.
6    (d) The changes made to this Section by this amendatory
7Act of the 101st General Assembly shall apply to all
8applications submitted after the effective date of this
9amendatory Act of the 101st General Assembly.
10(Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.)
 
11
Title VIII. Managed Care Organization Reform

 
12
Article 150.

 
13    Section 150-5. The Illinois Public Aid Code is amended by
14changing Section 5-30.1 as follows:
 
15    (305 ILCS 5/5-30.1)
16    Sec. 5-30.1. Managed care protections.
17    (a) As used in this Section:
18    "Managed care organization" or "MCO" means any entity
19which contracts with the Department to provide services where
20payment for medical services is made on a capitated basis.
21    "Emergency services" include:
22        (1) emergency services, as defined by Section 10 of

 

 

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1    the Managed Care Reform and Patient Rights Act;
2        (2) emergency medical screening examinations, as
3    defined by Section 10 of the Managed Care Reform and
4    Patient Rights Act;
5        (3) post-stabilization medical services, as defined by
6    Section 10 of the Managed Care Reform and Patient Rights
7    Act; and
8        (4) emergency medical conditions, as defined by
9    Section 10 of the Managed Care Reform and Patient Rights
10    Act.
11    (b) As provided by Section 5-16.12, managed care
12organizations are subject to the provisions of the Managed
13Care Reform and Patient Rights Act.
14    (c) An MCO shall pay any provider of emergency services
15that does not have in effect a contract with the contracted
16Medicaid MCO. The default rate of reimbursement shall be the
17rate paid under Illinois Medicaid fee-for-service program
18methodology, including all policy adjusters, including but not
19limited to Medicaid High Volume Adjustments, Medicaid
20Percentage Adjustments, Outpatient High Volume Adjustments,
21and all outlier add-on adjustments to the extent such
22adjustments are incorporated in the development of the
23applicable MCO capitated rates.
24    (d) An MCO shall pay for all post-stabilization services
25as a covered service in any of the following situations:
26        (1) the MCO authorized such services;

 

 

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

 

 

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1        (1) MCOs shall not impose any requirements for prior
2    approval of emergency services.
3        (2) The MCO shall cover emergency services provided to
4    enrollees who are temporarily away from their residence
5    and outside the contracting area to the extent that the
6    enrollees would be entitled to the emergency services if
7    they still were within the contracting area.
8        (3) The MCO shall have no obligation to cover medical
9    services provided on an emergency basis that are not
10    covered services under the contract.
11        (4) The MCO shall not condition coverage for emergency
12    services on the treating provider notifying the MCO of the
13    enrollee's screening and treatment within 10 days after
14    presentation for emergency services.
15        (5) The determination of the attending emergency
16    physician, or the provider actually treating the enrollee,
17    of whether an enrollee is sufficiently stabilized for
18    discharge or transfer to another facility, shall be
19    binding on the MCO. The MCO shall cover emergency services
20    for all enrollees whether the emergency services are
21    provided by an affiliated or non-affiliated provider.
22        (6) The MCO's financial responsibility for
23    post-stabilization care services it has not pre-approved
24    ends when:
25            (A) a plan physician with privileges at the
26        treating hospital assumes responsibility for the

 

 

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1        enrollee's care;
2            (B) a plan physician assumes responsibility for
3        the enrollee's care through transfer;
4            (C) a contracting entity representative and the
5        treating physician reach an agreement concerning the
6        enrollee's care; or
7            (D) the enrollee is discharged.
8    (f) Network adequacy and transparency.
9        (1) The Department shall:
10            (A) ensure that an adequate provider network is in
11        place, taking into consideration health professional
12        shortage areas and medically underserved areas;
13            (B) publicly release an explanation of its process
14        for analyzing network adequacy;
15            (C) periodically ensure that an MCO continues to
16        have an adequate network in place; and
17            (D) require MCOs, including Medicaid Managed Care
18        Entities as defined in Section 5-30.2, to meet
19        provider directory requirements under Section 5-30.3;
20        and .
21            (E) require MCOs to ensure that any
22        Medicaid-certified provider under contract with an MCO
23        and previously submitted on a roster on the date of
24        service is paid for any medically necessary,
25        Medicaid-covered, and authorized service rendered to
26        any of the MCO's enrollees, regardless of inclusion on

 

 

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1        the MCO's published and publicly available directory
2        of available providers.
3        (2) Each MCO shall confirm its receipt of information
4    submitted specific to physician or dentist additions or
5    physician or dentist deletions from the MCO's provider
6    network within 3 days after receiving all required
7    information from contracted physicians or dentists, and
8    electronic physician and dental directories must be
9    updated consistent with current rules as published by the
10    Centers for Medicare and Medicaid Services or its
11    successor agency.
12    (g) Timely payment of claims.
13        (1) The MCO shall pay a claim within 30 days of
14    receiving a claim that contains all the essential
15    information needed to adjudicate the claim.
16        (2) The MCO shall notify the billing party of its
17    inability to adjudicate a claim within 30 days of
18    receiving that claim.
19        (3) The MCO shall pay a penalty that is at least equal
20    to the timely payment interest penalty imposed under
21    Section 368a of the Illinois Insurance Code for any claims
22    not timely paid.
23            (A) When an MCO is required to pay a timely payment
24        interest penalty to a provider, the MCO must calculate
25        and pay the timely payment interest penalty that is
26        due to the provider within 30 days after the payment of

 

 

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1        the claim. In no event shall a provider be required to
2        request or apply for payment of any owed timely
3        payment interest penalties.
4            (B) Such payments shall be reported separately
5        from the claim payment for services rendered to the
6        MCO's enrollee and clearly identified as interest
7        payments.
8        (4)(A) The Department shall require MCOs to expedite
9    payments to providers identified on the Department's
10    expedited provider list, determined in accordance with 89
11    Ill. Adm. Code 140.71(b), on a schedule at least as
12    frequently as the providers are paid under the
13    Department's fee-for-service expedited provider schedule.
14            (B) Compliance with the expedited provider
15        requirement may be satisfied by an MCO through the use
16        of a Periodic Interim Payment (PIP) program that has
17        been mutually agreed to and documented between the MCO
18        and the provider, if and the PIP program ensures that
19        any expedited provider receives regular and periodic
20        payments based on prior period payment experience from
21        that MCO. Total payments under the PIP program may be
22        reconciled against future PIP payments on a schedule
23        mutually agreed to between the MCO and the provider.
24            (C) The Department shall share at least monthly
25        its expedited provider list and the frequency with
26        which it pays providers on the expedited list.

 

 

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1    (g-5) Recognizing that the rapid transformation of the
2Illinois Medicaid program may have unintended operational
3challenges for both payers and providers:
4        (1) in no instance shall a medically necessary covered
5    service rendered in good faith, based upon eligibility
6    information documented by the provider, be denied coverage
7    or diminished in payment amount if the eligibility or
8    coverage information available at the time the service was
9    rendered is later found to be inaccurate in the assignment
10    of coverage responsibility between MCOs or the
11    fee-for-service system, except for instances when an
12    individual is deemed to have not been eligible for
13    coverage under the Illinois Medicaid program; and
14        (2) the Department shall, by December 31, 2016, adopt
15    rules establishing policies that shall be included in the
16    Medicaid managed care policy and procedures manual
17    addressing payment resolutions in situations in which a
18    provider renders services based upon information obtained
19    after verifying a patient's eligibility and coverage plan
20    through either the Department's current enrollment system
21    or a system operated by the coverage plan identified by
22    the patient presenting for services:
23            (A) such medically necessary covered services
24        shall be considered rendered in good faith;
25            (B) such policies and procedures shall be
26        developed in consultation with industry

 

 

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1        representatives of the Medicaid managed care health
2        plans and representatives of provider associations
3        representing the majority of providers within the
4        identified provider industry; and
5            (C) such rules shall be published for a review and
6        comment period of no less than 30 days on the
7        Department's website with final rules remaining
8        available on the Department's website.
9    The rules on payment resolutions shall include, but not be
10limited to:
11        (A) the extension of the timely filing period;
12        (B) retroactive prior authorizations; and
13        (C) guaranteed minimum payment rate of no less than
14    the current, as of the date of service, fee-for-service
15    rate, plus all applicable add-ons, when the resulting
16    service relationship is out of network.
17    The rules shall be applicable for both MCO coverage and
18fee-for-service coverage.
19    If the fee-for-service system is ultimately determined to
20have been responsible for coverage on the date of service, the
21Department shall provide for an extended period for claims
22submission outside the standard timely filing requirements.
23    (g-6) MCO Performance Metrics Report.
24        (1) The Department shall publish, on at least a
25    quarterly basis, each MCO's operational performance,
26    including, but not limited to, the following categories of

 

 

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1    metrics:
2            (A) claims payment, including timeliness and
3        accuracy;
4            (B) prior authorizations;
5            (C) grievance and appeals;
6            (D) utilization statistics;
7            (E) provider disputes;
8            (F) provider credentialing; and
9            (G) member and provider customer service.
10        (2) The Department shall ensure that the metrics
11    report is accessible to providers online by January 1,
12    2017.
13        (3) The metrics shall be developed in consultation
14    with industry representatives of the Medicaid managed care
15    health plans and representatives of associations
16    representing the majority of providers within the
17    identified industry.
18        (4) Metrics shall be defined and incorporated into the
19    applicable Managed Care Policy Manual issued by the
20    Department.
21    (g-7) MCO claims processing and performance analysis. In
22order to monitor MCO payments to hospital providers, pursuant
23to this amendatory Act of the 100th General Assembly, the
24Department shall post an analysis of MCO claims processing and
25payment performance on its website every 6 months. Such
26analysis shall include a review and evaluation of a

 

 

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1representative sample of hospital claims that are rejected and
2denied for clean and unclean claims and the top 5 reasons for
3such actions and timeliness of claims adjudication, which
4identifies the percentage of claims adjudicated within 30, 60,
590, and over 90 days, and the dollar amounts associated with
6those claims. The Department shall post the contracted claims
7report required by HealthChoice Illinois on its website every
83 months.
9    (g-8) Dispute resolution process. The Department shall
10maintain a provider complaint portal through which a provider
11can submit to the Department unresolved disputes with an MCO.
12An unresolved dispute means an MCO's decision that denies in
13whole or in part a claim for reimbursement to a provider for
14health care services rendered by the provider to an enrollee
15of the MCO with which the provider disagrees. Disputes shall
16not be submitted to the portal until the provider has availed
17itself of the MCO's internal dispute resolution process.
18Disputes that are submitted to the MCO internal dispute
19resolution process may be submitted to the Department of
20Healthcare and Family Services' complaint portal no sooner
21than 30 days after submitting to the MCO's internal process
22and not later than 30 days after the unsatisfactory resolution
23of the internal MCO process or 60 days after submitting the
24dispute to the MCO internal process. Multiple claim disputes
25involving the same MCO may be submitted in one complaint,
26regardless of whether the claims are for different enrollees,

 

 

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1when the specific reason for non-payment of the claims
2involves a common question of fact or policy. Within 10
3business days of receipt of a complaint, the Department shall
4present such disputes to the appropriate MCO, which shall then
5have 30 days to issue its written proposal to resolve the
6dispute. The Department may grant one 30-day extension of this
7time frame to one of the parties to resolve the dispute. If the
8dispute remains unresolved at the end of this time frame or the
9provider is not satisfied with the MCO's written proposal to
10resolve the dispute, the provider may, within 30 days, request
11the Department to review the dispute and make a final
12determination. Within 30 days of the request for Department
13review of the dispute, both the provider and the MCO shall
14present all relevant information to the Department for
15resolution and make individuals with knowledge of the issues
16available to the Department for further inquiry if needed.
17Within 30 days of receiving the relevant information on the
18dispute, or the lapse of the period for submitting such
19information, the Department shall issue a written decision on
20the dispute based on contractual terms between the provider
21and the MCO, contractual terms between the MCO and the
22Department of Healthcare and Family Services and applicable
23Medicaid policy. The decision of the Department shall be
24final. By January 1, 2020, the Department shall establish by
25rule further details of this dispute resolution process.
26Disputes between MCOs and providers presented to the

 

 

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1Department for resolution are not contested cases, as defined
2in Section 1-30 of the Illinois Administrative Procedure Act,
3conferring any right to an administrative hearing.
4    (g-9)(1) The Department shall publish annually on its
5website a report on the calculation of each managed care
6organization's medical loss ratio showing the following:
7        (A) Premium revenue, with appropriate adjustments.
8        (B) Benefit expense, setting forth the aggregate
9    amount spent for the following:
10            (i) Direct paid claims.
11            (ii) Subcapitation payments.
12            (iii) Other claim payments.
13            (iv) Direct reserves.
14            (v) Gross recoveries.
15            (vi) Expenses for activities that improve health
16        care quality as allowed by the Department.
17    (2) The medical loss ratio shall be calculated consistent
18with federal law and regulation following a claims runout
19period determined by the Department.
20    (g-10)(1) "Liability effective date" means the date on
21which an MCO becomes responsible for payment for medically
22necessary and covered services rendered by a provider to one
23of its enrollees in accordance with the contract terms between
24the MCO and the provider. The liability effective date shall
25be the later of:
26        (A) The execution date of a network participation

 

 

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1    contract agreement.
2        (B) The date the provider or its representative
3    submits to the MCO the complete and accurate standardized
4    roster form for the provider in the format approved by the
5    Department.
6        (C) The provider effective date contained within the
7    Department's provider enrollment subsystem within the
8    Illinois Medicaid Program Advanced Cloud Technology
9    (IMPACT) System.
10    (2) The standardized roster form may be submitted to the
11MCO at the same time that the provider submits an enrollment
12application to the Department through IMPACT.
13    (3) By October 1, 2019, the Department shall require all
14MCOs to update their provider directory with information for
15new practitioners of existing contracted providers within 30
16days of receipt of a complete and accurate standardized roster
17template in the format approved by the Department provided
18that the provider is effective in the Department's provider
19enrollment subsystem within the IMPACT system. Such provider
20directory shall be readily accessible for purposes of
21selecting an approved health care provider and comply with all
22other federal and State requirements.
23    (g-11) The Department shall work with relevant
24stakeholders on the development of operational guidelines to
25enhance and improve operational performance of Illinois'
26Medicaid managed care program, including, but not limited to,

 

 

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1improving provider billing practices, reducing claim
2rejections and inappropriate payment denials, and
3standardizing processes, procedures, definitions, and response
4timelines, with the goal of reducing provider and MCO
5administrative burdens and conflict. The Department shall
6include a report on the progress of these program improvements
7and other topics in its Fiscal Year 2020 annual report to the
8General Assembly.
9    (g-12) Notwithstanding any other provision of law, if the
10Department or an MCO requires submission of a claim for
11payment in a non-electronic format, a provider shall always be
12afforded a period of no less than 90 business days, as a
13correction period, following any notification of rejection by
14either the Department or the MCO to correct errors or
15omissions in the original submission.
16    Under no circumstances, either by an MCO or under the
17State's fee-for-service system, shall a provider be denied
18payment for failure to comply with any timely submission
19requirements under this Code or under any existing contract,
20unless the non-electronic format claim submission occurs after
21the initial 180 days following the latest date of service on
22the claim, or after the 90 business days correction period
23following notification to the provider of rejection or denial
24of payment.
25    (h) The Department shall not expand mandatory MCO
26enrollment into new counties beyond those counties already

 

 

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1designated by the Department as of June 1, 2014 for the
2individuals whose eligibility for medical assistance is not
3the seniors or people with disabilities population until the
4Department provides an opportunity for accountable care
5entities and MCOs to participate in such newly designated
6counties.
7    (i) The requirements of this Section apply to contracts
8with accountable care entities and MCOs entered into, amended,
9or renewed after June 16, 2014 (the effective date of Public
10Act 98-651).
11    (j) Health care information released to managed care
12organizations. A health care provider shall release to a
13Medicaid managed care organization, upon request, and subject
14to the Health Insurance Portability and Accountability Act of
151996 and any other law applicable to the release of health
16information, the health care information of the MCO's
17enrollee, if the enrollee has completed and signed a general
18release form that grants to the health care provider
19permission to release the recipient's health care information
20to the recipient's insurance carrier.
21    (k) The Department of Healthcare and Family Services,
22managed care organizations, a statewide organization
23representing hospitals, and a statewide organization
24representing safety-net hospitals shall explore ways to
25support billing departments in safety-net hospitals.
26    (l) The requirements of this Section added by this

 

 

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1amendatory Act of the 102nd General Assembly shall apply to
2services provided on or after the first day of the month that
3begins 60 days after the effective date of this amendatory Act
4of the 102nd General Assembly.
5(Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18;
6100-587, eff. 6-4-18; 101-209, eff. 8-5-19.)
 
7
Article 155.

 
8    Section 155-5. The Illinois Public Aid Code is amended by
9adding Section 5-30.17 as follows:
 
10    (305 ILCS 5/5-30.17 new)
11    Sec. 5-30.17. Medicaid Managed Care Oversight Commission.
12    (a) The Medicaid Managed Care Oversight Commission is
13created within the Department of Healthcare and Family
14Services to evaluate the effectiveness of Illinois' managed
15care program.
16    (b) The Commission shall consist of the following members:
17        (1) One member of the Senate, appointed by the Senate
18    President, who shall serve as co-chair.
19        (2) One member of the House of Representatives,
20    appointed by the Speaker of the House of Representatives,
21    who shall serve as co-chair.
22        (3) One member of the House of Representatives,
23    appointed by the Minority Leader of the House of

 

 

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1    Representatives.
2        (4) One member of the Senate, appointed by the Senate
3    Minority Leader.
4        (5) One member representing the Department of
5    Healthcare and Family Services, appointed by the Governor.
6        (6) One member representing the Department of Public
7    Health, appointed by the Governor.
8        (7) One member representing the Department of Human
9    Services, appointed by the Governor.
10        (8) One member representing the Department of Children
11    and Family Services, appointed by the Governor.
12        (9) One member of a statewide association representing
13    Medicaid managed care plans, appointed by the Governor.
14        (10) One member of a statewide association
15    representing a majority of hospitals, appointed by the
16    Governor.
17        (11) Two academic experts on Medicaid managed care
18    programs, appointed by the Governor.
19        (12) One member of a statewide association
20    representing primary care providers, appointed by the
21    Governor.
22        (13) One member of a statewide association
23    representing behavioral health providers, appointed by the
24    Governor.
25        (14) Members representing Federally Qualified Health
26    Centers, a long-term care association, a dental

 

 

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1    association, pharmacies, pharmacists, a developmental
2    disability association, a Medicaid consumer advocate, a
3    Medicaid consumer, an association representing physicians,
4    a behavioral health association, and an association
5    representing pediatricians, appointed by the Governor.
6        (15) A member of a statewide association representing
7    only safety-net hospitals, appointed by the Governor.
8    (c) The Director of Healthcare and Family Services and
9chief of staff, or their designees, shall serve as the
10Commission's executive administrators in providing
11administrative support, research support, and other
12administrative tasks requested by the Commission's co-chairs.
13Any expenses, including, but not limited to, travel and
14housing, shall be paid for by the Department's existing
15budget.
16    (d) The members of the Commission shall receive no
17compensation for their services as members of the Commission.
18    (e) The Commission shall meet quarterly beginning as soon
19as is practicable after the effective date of this amendatory
20Act of the 102nd General Assembly.
21    (f) The Commission shall:
22        (1) review data on health outcomes of Medicaid managed
23    care members;
24        (2) review current care coordination and case
25    management efforts and make recommendations on expanding
26    care coordination to additional populations with a focus

 

 

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1    on the social determinants of health;
2        (3) review and assess the appropriateness of metrics
3    used in the Pay-for-Performance programs;
4        (4) review the Department's prior authorization and
5    utilization management requirements and recommend
6    adaptations for the Medicaid population;
7        (5) review managed care performance in meeting
8    diversity contracting goals and the use of funds dedicated
9    to meeting such goals, including, but not limited to,
10    contracting requirements set forth in the Business
11    Enterprise for Minorities, Women, and Persons with
12    Disabilities Act; recommend strategies to increase
13    compliance with diversity contracting goals in
14    collaboration with the Chief Procurement Officer for
15    General Services and the Business Enterprise Council for
16    Minorities, Women, and Persons with Disabilities; and
17    recoup any misappropriated funds for diversity
18    contracting;
19        (6) review data on the effectiveness of processing to
20    medical providers;
21        (7) review member access to health care services in
22    the Medicaid Program, including specialty care services;
23        (8) review value-based and other alternative payment
24    methodologies to make recommendations to enhance program
25    efficiency and improve health outcomes;
26        (9) review the compliance of all managed care entities

 

 

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1    in State contracts and recommend reasonable financial
2    penalties for any noncompliance;
3        (10) produce an annual report detailing the
4    Commission's findings based upon its review of research
5    conducted under this Section, including specific
6    recommendations, if any, and any other information the
7    Commission may deem proper in furtherance of its duties
8    under this Section;
9        (11) review provider availability and make
10    recommendations to increase providers where needed,
11    including reviewing the regulatory environment and making
12    recommendations for reforms;
13        (12) review capacity for culturally competent
14    services, including translation services among providers;
15    and
16        (13) review and recommend changes to the safety-net
17    hospital definition to create different classifications of
18    safety-net hospitals.
19    (f-5) The Department shall make available upon request the
20analytics of Medicaid managed care clearinghouse data
21regarding processing.
22    (g) Beginning January 1, 2022, and for each year
23thereafter, the Commission shall submit a report of its
24findings and recommendations to the General Assembly. The
25report to the General Assembly shall be filed with the Clerk of
26the House of Representatives and the Secretary of the Senate

 

 

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1in electronic form only, in the manner that the Clerk and the
2Secretary shall direct.
 
3
Article 160.

 
4    Section 160-5. The State Finance Act is amended by adding
5Sections 5.935 and 6z-124 as follows:
 
6    (30 ILCS 105/5.935 new)
7    Sec. 5.935. The Managed Care Oversight Fund.
 
8    (30 ILCS 105/6z-124 new)
9    Sec. 6z-124. Managed Care Oversight Fund. The Managed Care
10Oversight Fund is created as a special fund in the State
11treasury. Subject to appropriation, available annual moneys in
12the Fund shall be used by the Department of Healthcare and
13Family Services to support contracting with women and
14minority-owned businesses as part of the Department's Business
15Enterprise Program requirements. The Department shall
16prioritize contracts for care coordination services, workforce
17development, and other services that support the Department's
18mission to promote health equity. Funds may not be used for any
19administrative costs of the Department.
 
20
Article 170.