093_HB2809sam003

 










                                     LRB093 08360 AMC 15445 a

 1                    AMENDMENT TO HOUSE BILL 2809

 2        AMENDMENT NO.     .  Amend House Bill 2809  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The State Finance Act is amended by changing
 5    Section 25 as follows:

 6        (30 ILCS 105/25) (from Ch. 127, par. 161)
 7        Sec. 25.  Fiscal year limitations.
 8        (a)  All    appropriations   shall   be   available   for
 9    expenditure for the fiscal year or for a lesser period if the
10    Act making that appropriation so specifies.  A deficiency  or
11    emergency  appropriation  shall  be available for expenditure
12    only through June 30 of the year when  the  Act  making  that
13    appropriation is enacted unless that Act otherwise provides.
14        (b)  Outstanding  liabilities as of June 30, payable from
15    appropriations which have otherwise expired, may be paid  out
16    of  the  expiring  appropriations  during  the 2-month period
17    ending at the close of business on August  31.   Any  service
18    involving  professional  or  artistic  skills or any personal
19    services by an employee  whose  compensation  is  subject  to
20    income tax withholding must be performed as of June 30 of the
21    fiscal  year  in  order  to  be  considered  an  "outstanding
22    liability as of June 30" that is thereby eligible for payment
 
                            -2-      LRB093 08360 AMC 15445 a
 1    out of the expiring appropriation.
 2        However,  payment  of  tuition reimbursement claims under
 3    Section 14-7.03 or 18-3 of the School Code may be made by the
 4    State Board of Education from its  appropriations  for  those
 5    respective  purposes  for  any  fiscal  year, even though the
 6    claims reimbursed by the payment may be  claims  attributable
 7    to  a  prior  fiscal  year,  and  payments may be made at the
 8    direction of the State Superintendent of Education  from  the
 9    fund  from  which the appropriation is made without regard to
10    any fiscal year limitations.
11        Medical  payments  may  be  made  by  the  Department  of
12    Veterans' Affairs from its appropriations for those  purposes
13    for  any  fiscal  year,  without  regard to the fact that the
14    medical services being compensated for by  such  payment  may
15    have been rendered in a prior fiscal year.
16        Medical  payments may be made by the Department of Public
17    Aid and child care payments may be made by the Department  of
18    Human Services (as successor to the Department of Public Aid)
19    from  appropriations  for those purposes for any fiscal year,
20    without regard to the fact that the  medical  or  child  care
21    services  being compensated for by such payment may have been
22    rendered in a prior fiscal year; and payments may be made  at
23    the   direction  of  the  Department  of  Central  Management
24    Services from the Health Insurance Reserve Fund and the Local
25    Government Health Insurance Reserve Fund  without  regard  to
26    any fiscal year limitations.
27        Additionally,  payments  may be made by the Department of
28    Human Services from its appropriations, or  any  other  State
29    agency  from  its  appropriations  with  the  approval of the
30    Department of Human Services, from the Immigration Reform and
31    Control  Fund  for  purposes  authorized  pursuant   to   the
32    Immigration Reform and Control Act of 1986, without regard to
33    any fiscal year limitations.
34        Further,  with  respect to costs incurred in fiscal years
 
                            -3-      LRB093 08360 AMC 15445 a
 1    2002 and 2003  only,  payments  may  be  made  by  the  State
 2    Treasurer from its appropriations from the Capital Litigation
 3    Trust Fund without regard to any fiscal year limitations.
 4        (c)  Further,  payments  may be made by the Department of
 5    Public Health and the Department of Human Services (acting as
 6    successor to  the  Department  of  Public  Health  under  the
 7    Department  of  Human  Services  Act)  from  their respective
 8    appropriations for grants for medical care to or on behalf of
 9    persons  suffering  from  chronic  renal   disease,   persons
10    suffering  from  hemophilia,  rape victims, and premature and
11    high-mortality risk infants and their mothers and for  grants
12    for  supplemental  food  supplies  provided  under the United
13    States Department of Agriculture Women, Infants and  Children
14    Nutrition  Program, for any fiscal year without regard to the
15    fact that the services being compensated for by such  payment
16    may have been rendered in a prior fiscal year.
17        (d)  The  Department  of Public Health and the Department
18    of Human Services (acting as successor to the  Department  of
19    Public  Health  under  the  Department of Human Services Act)
20    shall each annually submit to the State  Comptroller,  Senate
21    President,  Senate  Minority  Leader,  Speaker  of the House,
22    House  Minority  Leader,  and  the  respective  Chairmen  and
23    Minority Spokesmen of the Appropriations  Committees  of  the
24    Senate  and  the House, on or before December 31, a report of
25    fiscal year funds used to pay for services  provided  in  any
26    prior  fiscal year.  This report shall document by program or
27    service category those expenditures from  the  most  recently
28    completed  fiscal  year  used to pay for services provided in
29    prior fiscal years.
30        (d-5)  Appropriations to the Department  of  Professional
31    Regulation  to  establish  the  Illinois  Center  for Nursing
32    pursuant to item (iv-5) of subsection (e) of Section 20-40 of
33    the Nursing and Advanced Practice Nursing Act are not subject
34    to  the  fiscal  year  limitations  established  under   this
 
                            -4-      LRB093 08360 AMC 15445 a
 1    Section.
 2        (e)  The  Department  of Public Aid and the Department of
 3    Human Services (acting as  successor  to  the  Department  of
 4    Public   Aid)   shall  each  annually  submit  to  the  State
 5    Comptroller,  Senate  President,  Senate   Minority   Leader,
 6    Speaker  of  the House, House Minority Leader, the respective
 7    Chairmen  and  Minority  Spokesmen  of   the   Appropriations
 8    Committees of the Senate and the House, on or before November
 9    30,  a  report  that  shall  document  by  program or service
10    category those expenditures from the most recently  completed
11    fiscal  year  used  to pay for (i) services provided in prior
12    fiscal years and (ii) services for which claims were received
13    in prior fiscal years.
14        (f)  The Department of Human Services  (as  successor  to
15    the  Department  of  Public Aid) shall annually submit to the
16    State Comptroller, Senate President, Senate Minority  Leader,
17    Speaker   of  the  House,  House  Minority  Leader,  and  the
18    respective   Chairmen   and   Minority   Spokesmen   of   the
19    Appropriations Committees of the Senate and the House, on  or
20    before December 31, a report of fiscal year funds used to pay
21    for  services (other than medical care) provided in any prior
22    fiscal year.   This  report  shall  document  by  program  or
23    service  category  those  expenditures from the most recently
24    completed fiscal year used to pay for  services  provided  in
25    prior fiscal years.
26        (g)  In  addition,  each  annual  report  required  to be
27    submitted by the Department of Public  Aid  under  subsection
28    (e)  shall  include the following information with respect to
29    the State's Medicaid program:
30             (1)  Explanations  of  the  exact  causes   of   the
31        variance between the previous year's estimated and actual
32        liabilities.
33             (2)  Factors  affecting  the  Department  of  Public
34        Aid's  liabilities,  including but not limited to numbers
 
                            -5-      LRB093 08360 AMC 15445 a
 1        of aid recipients, levels of medical service  utilization
 2        by  aid  recipients, and inflation in the cost of medical
 3        services.
 4             (3)  The results  of  the  Department's  efforts  to
 5        combat fraud and abuse.
 6        (h)  As  provided  in  Section  4 of the General Assembly
 7    Compensation Act, any utility bill for service provided to  a
 8    General  Assembly  member's  district  office  for  a  period
 9    including  portions of 2 consecutive fiscal years may be paid
10    from funds appropriated for such expenditure in either fiscal
11    year.
12        (i)  An agency which administers a fund classified by the
13    Comptroller as an internal service fund may issue rules for:
14             (1)  billing  user  agencies  in  advance  based  on
15        estimated charges for goods or services;
16             (2)  issuing credits during  the  subsequent  fiscal
17        year  for  all  user  agency payments received during the
18        prior fiscal year which  were  in  excess  of  the  final
19        amounts owed by the user agency for that period; and
20             (3)  issuing  catch-up  billings  to  user  agencies
21        during  the  subsequent fiscal year for amounts remaining
22        due when payments received from the  user  agency  during
23        the  prior  fiscal  year  were less than the total amount
24        owed for that period.
25    User agencies are authorized to  reimburse  internal  service
26    funds  for  catch-up billings by vouchers drawn against their
27    respective appropriations for the fiscal year  in  which  the
28    catch-up billing was issued.
29    (Source: P.A. 92-885, eff. 1-13-03.)

30        Section  10.   The  Nursing and Advanced Practice Nursing
31    Act is amended by changing Section 20-40 and adding  Sections
32    5-16 and 5-18 as follows:
 
                            -6-      LRB093 08360 AMC 15445 a
 1        (225 ILCS 65/5-16 new)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec.  5-16.  Illinois Center for Nursing.  The Department
 4    shall create the Illinois Center for Nursing,  the  goals  of
 5    which  shall  include,  but  not  be  limited  to, all of the
 6    following:
 7             (1)  To  develop  a  strategic  statewide  plan  for
 8        nursing resources.
 9             (2)  To convene multidisciplinary groups  to  review
10        the work of the Center and evaluate policy implications.
11             (3)  To   enhance  and  promote  nurse  recognition,
12        reward, and renewal activities across the State.
13             (4)  To create a dynamic system for projecting nurse
14        workforce supply and demand.
15             (5)  To conduct biennial surveys of nurses to  track
16        retirement  plans  and  issues  impacting  nurses  in the
17        workplace.
18             (6)  To conduct biennial surveys of nurse  employers
19        to measure changes in demand and skill mix.
20             (7)  To   evaluate   population   demographics   and
21        available  health  indicator  data  to determine how they
22        relate to the demand for nursing services.
23             (8)  To project  how  changes  in  the  health  care
24        delivery  system,  including  the use of technology, will
25        effect nursing demand in terms of number and  educational
26        mix.
27             (9)  To   study  the  relationship  between  various
28        staffing models and patient outcomes.
29             (10)  To promote an adequate  nursing  workforce  in
30        terms   of   numbers,  diversity,  educational  mix,  and
31        geographic distribution.
32             (11)  To develop creative mechanisms  to  attract  a
33        diverse group of students to nursing as an attractive and
34        viable career option.
 
                            -7-      LRB093 08360 AMC 15445 a
 1             (12)  To  develop  strategies  for ensuring adequate
 2        numbers of faculty who are prepared to mentor students in
 3        a changing health care system.
 4             (13)  To  monitor  educational   trends,   including
 5        applications, enrollments, and graduate outcomes.
 6             (14)  To  provide resources and programs designed to
 7        promote recognition and retention.
 8             (15)  To  promote  collaboration   between   nursing
 9        education    and    practice   to   determine   necessary
10        competencies and design professional practice.
11             (16)  To develop and support nursing  education  and
12        nursing  practice  collaborative  efforts at the regional
13        and State level.
14             (17)  To  provide  funding  for  the  planning   and
15        implementation  of demonstration projects of professional
16        practice models, with an emphasis on staffing models.
17             (18)  To promote, inform, and educate the public  as
18        to the impact of nurses in health care delivery.
19        The Illinois Center for Nursing shall work in conjunction
20    with   the   Illinois  Coalition  for  Nursing  Resources  in
21    accomplishing its goals.

22        (225 ILCS 65/5-18 new)
23        (Section scheduled to be repealed on January 1, 2008)
24        Sec.  5-18.  Advanced  Practice  Nurses  Services   Grant
25    Program.    The   Department  shall  establish  the  Advanced
26    Practice Nurses Services Grant Program, the  goals  of  which
27    shall include, but not be limited to, the following:
28             (1)  To create a statewide plan to promote awareness
29        among  the  underserved  populations  of  APN services in
30        their area.
31             (2)  To develop a mechanism to  provide  underserved
32        population access to APN services.
 
                            -8-      LRB093 08360 AMC 15445 a
 1        (225 ILCS 65/20-40)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec.  20-40.  Fund.   There  is hereby created within the
 4    State Treasury the Nursing Dedicated and  Professional  Fund.
 5    The monies in the Fund may be used by and at the direction of
 6    the Department for the administration and enforcement of this
 7    Act, including but not limited to:
 8             (a)  Distribution and publication of the Nursing and
 9        Advanced  Practice  Nursing Act and the rules at the time
10        of renewal to all  persons  licensed  by  the  Department
11        under this Act.
12             (b)  Employment     of     secretarial,     nursing,
13        administrative,  enforcement,  and  other  staff  for the
14        administration of this Act.
15             (c)  Conducting a survey, as prescribed by  rule  of
16        the  Department,  once  every  4 years during the license
17        renewal period.
18             (d)  Conducting of training seminars  for  licensees
19        under    this    Act   relating   to   the   obligations,
20        responsibilities, enforcement and other provisions of the
21        Act and its rules.
22             (d-5)  Establishment and operation of  the  Illinois
23        Center for Nursing as provided for in Section 5-16.
24             (d-6)  Funding  for  the  Advanced  Practice  Nurses
25        Services Grant Program.
26             (e)  Disposition of Fees:
27                  (i)  (Blank).
28                  (ii)  All  of  the  fees  and  fines  collected
29             pursuant  to  this  Act  shall  be  deposited in the
30             Nursing Dedicated and Professional Fund.
31                  (iii)  For the fiscal year  beginning  July  1,
32             1988,  the moneys deposited in the Nursing Dedicated
33             and Professional Fund shall be appropriated  to  the
34             Department  for  expenses  of the Department and the
 
                            -9-      LRB093 08360 AMC 15445 a
 1             Board  in  the  administration  of  this  Act.   All
 2             earnings received from investment of moneys  in  the
 3             Nursing  Dedicated  and  Professional  Fund shall be
 4             deposited in the Nursing Dedicated and  Professional
 5             Fund and shall be used for the same purposes as fees
 6             deposited in the Fund.
 7                  (iv)  For  the  fiscal  year  beginning July 1,
 8             2001 and for each fiscal year  thereafter,  $750,000
 9             of the moneys deposited in the Nursing Dedicated and
10             Professional  Fund  each year shall be set aside and
11             appropriated to the Illinois  Department  of  Public
12             Health  for nursing scholarships awarded pursuant to
13             the    Nursing    Education     Scholarship     Law.
14             Representatives  of  the  Department and the Nursing
15             Education Scholarship Program Advisory Council shall
16             review this requirement and the  scholarship  awards
17             every 2 years.
18                  (iv-5)  For  the  fiscal year beginning July 1,
19             2004, $1,000,000 of the moneys  deposited  into  the
20             Nursing  Dedicated  and  Professional  Fund shall be
21             appropriated  to  the  Department  to  be  used   to
22             establish   the   Illinois  Center  for  Nursing  as
23             provided for in Section 5-16 and subsection (d-5) of
24             this Section.
25                  (iv-6)  For the fiscal year beginning  July  1,
26             2004,  and  each fiscal year thereafter, $150,000 of
27             the moneys deposited into the Nursing Dedicated  and
28             Professional  Fund  shall  be  appropriated  to  the
29             Department  to be used to fund the Advanced Practice
30             Nurses Services Grant Program  as  provided  for  in
31             Section 5-18 and subsection (d-6) of this Section.
32                  (v)  Moneys  in  the Fund may be transferred to
33             the Professions Indirect  Cost  Fund  as  authorized
34             under   Section   2105-300   of  the  Department  of
 
                            -10-     LRB093 08360 AMC 15445 a
 1             Professional Regulation Law (20 ILCS 2105/2105-300).
 2    (Source: P.A. 91-239, 1-1-00; 92-46, eff. 7-1-01.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.".