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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Health Facilities Planning Act is | ||||||||||||||||||||||||||||
5 | amended by changing Section 12 as follows:
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6 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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7 | (Section scheduled to be repealed on December 31, 2019) | ||||||||||||||||||||||||||||
8 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||||||||||||||||||||||||
9 | this Act,
the State Board
shall
exercise the following powers | ||||||||||||||||||||||||||||
10 | and duties:
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11 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||||||||||||||||||||||||
12 | procedures or reviews which may vary
according to the purpose | ||||||||||||||||||||||||||||
13 | for which a particular review is being conducted
or the type of | ||||||||||||||||||||||||||||
14 | project reviewed and which are required to carry out the
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15 | provisions and purposes of this Act. Policies and procedures of | ||||||||||||||||||||||||||||
16 | the State Board shall take into consideration the priorities | ||||||||||||||||||||||||||||
17 | and needs of medically underserved areas and other health care | ||||||||||||||||||||||||||||
18 | services identified through the comprehensive health planning | ||||||||||||||||||||||||||||
19 | process, giving special consideration to the impact of projects | ||||||||||||||||||||||||||||
20 | on access to safety net services.
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21 | (2) Adopt procedures for public
notice and hearing on all | ||||||||||||||||||||||||||||
22 | proposed rules, regulations, standards,
criteria, and plans | ||||||||||||||||||||||||||||
23 | required to carry out the provisions of this Act.
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1 | (3) (Blank).
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2 | (4) Develop criteria and standards for health care | ||||||
3 | facilities planning,
conduct statewide inventories of health | ||||||
4 | care facilities, maintain an updated
inventory on the Board's | ||||||
5 | web site reflecting the
most recent bed and service
changes and | ||||||
6 | updated need determinations when new census data become | ||||||
7 | available
or new need formulae
are adopted,
and
develop health | ||||||
8 | care facility plans which shall be utilized in the review of
| ||||||
9 | applications for permit under
this Act. Such health facility | ||||||
10 | plans shall be coordinated by the Board
with pertinent State | ||||||
11 | Plans. Inventories pursuant to this Section of skilled or | ||||||
12 | intermediate care facilities licensed under the Nursing Home | ||||||
13 | Care Act, skilled or intermediate care facilities licensed | ||||||
14 | under the ID/DD Community Care Act, skilled or intermediate | ||||||
15 | care facilities licensed under the MC/DD Act, facilities | ||||||
16 | licensed under the Specialized Mental Health Rehabilitation | ||||||
17 | Act of 2013, or nursing homes licensed under the Hospital | ||||||
18 | Licensing Act shall be conducted on an annual basis no later | ||||||
19 | than July 1 of each year and shall include among the | ||||||
20 | information requested a list of all services provided by a | ||||||
21 | facility to its residents and to the community at large and | ||||||
22 | differentiate between active and inactive beds.
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23 | In developing health care facility plans, the State Board | ||||||
24 | shall consider,
but shall not be limited to, the following:
| ||||||
25 | (a) The size, composition and growth of the population | ||||||
26 | of the area
to be served;
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1 | (b) The number of existing and planned facilities | ||||||
2 | offering similar
programs;
| ||||||
3 | (c) The extent of utilization of existing facilities;
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4 | (d) The availability of facilities which may serve as | ||||||
5 | alternatives
or substitutes;
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6 | (e) The availability of personnel necessary to the | ||||||
7 | operation of the
facility;
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8 | (f) Multi-institutional planning and the establishment | ||||||
9 | of
multi-institutional systems where feasible;
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10 | (g) The financial and economic feasibility of proposed | ||||||
11 | construction
or modification; and
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12 | (h) In the case of health care facilities established | ||||||
13 | by a religious
body or denomination, the needs of the | ||||||
14 | members of such religious body or
denomination may be | ||||||
15 | considered to be public need.
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16 | The health care facility plans which are developed and | ||||||
17 | adopted in
accordance with this Section shall form the basis | ||||||
18 | for the plan of the State
to deal most effectively with | ||||||
19 | statewide health needs in regard to health
care facilities.
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20 | (5) Coordinate with the Center for Comprehensive Health | ||||||
21 | Planning and other state agencies having responsibilities
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22 | affecting health care facilities, including those of licensure | ||||||
23 | and cost
reporting. Beginning no later than January 1, 2013, | ||||||
24 | the Department of Public Health shall produce a written annual | ||||||
25 | report to the Governor and the General Assembly regarding the | ||||||
26 | development of the Center for Comprehensive Health Planning. |
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1 | The Chairman of the State Board and the State Board | ||||||
2 | Administrator shall also receive a copy of the annual report.
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3 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
4 | State
any grants or bequests of money, securities or property | ||||||
5 | for
use by the State Board or Center for Comprehensive Health | ||||||
6 | Planning in the administration of this Act; and enter into | ||||||
7 | contracts
consistent with the appropriations for purposes | ||||||
8 | enumerated in this Act.
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9 | (7) The State Board shall prescribe procedures for review, | ||||||
10 | standards,
and criteria which shall be utilized
to make | ||||||
11 | periodic reviews and determinations of the appropriateness
of | ||||||
12 | any existing health services being rendered by health care | ||||||
13 | facilities
subject to the Act. The State Board shall consider | ||||||
14 | recommendations of the
Board in making its
determinations.
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15 | (8) Prescribe, in consultation
with the Center for | ||||||
16 | Comprehensive Health Planning, rules, regulations,
standards, | ||||||
17 | and criteria for the conduct of an expeditious review of
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18 | applications
for permits for projects of construction or | ||||||
19 | modification of a health care
facility, which projects are | ||||||
20 | classified as emergency, substantive, or non-substantive in | ||||||
21 | nature. | ||||||
22 | Six months after June 30, 2009 (the effective date of | ||||||
23 | Public Act 96-31), substantive projects shall include no more | ||||||
24 | than the following: | ||||||
25 | (a) Projects to construct (1) a new or replacement | ||||||
26 | facility located on a new site or
(2) a replacement |
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1 | facility located on the same site as the original facility | ||||||
2 | and the cost of the replacement facility exceeds the | ||||||
3 | capital expenditure minimum, which shall be reviewed by the | ||||||
4 | Board within 120 days; | ||||||
5 | (b) Projects proposing a
(1) new service within an | ||||||
6 | existing healthcare facility or
(2) discontinuation of a | ||||||
7 | service within an existing healthcare facility, which | ||||||
8 | shall be reviewed by the Board within 60 days; or | ||||||
9 | (c) Projects proposing a change in the bed capacity of | ||||||
10 | a health care facility by an increase in the total number | ||||||
11 | of beds or by a redistribution of beds among various | ||||||
12 | categories of service or by a relocation of beds from one | ||||||
13 | physical facility or site to another by more than 20 beds | ||||||
14 | or more than 10% of total bed capacity, as defined by the | ||||||
15 | State Board, whichever is less, over a 2-year period. | ||||||
16 | The Chairman may approve applications for exemption that | ||||||
17 | meet the criteria set forth in rules or refer them to the full | ||||||
18 | Board. The Chairman may approve any unopposed application that | ||||||
19 | meets all of the review criteria or refer them to the full | ||||||
20 | Board. | ||||||
21 | Such rules shall
not abridge the right of the Center for | ||||||
22 | Comprehensive Health Planning to make
recommendations on the | ||||||
23 | classification and approval of projects, nor shall
such rules | ||||||
24 | prevent the conduct of a public hearing upon the timely request
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25 | of an interested party. Such reviews shall not exceed 60 days | ||||||
26 | from the
date the application is declared to be complete.
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1 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
2 | pertaining to the granting of permits for
construction
and | ||||||
3 | modifications which are emergent in nature and must be | ||||||
4 | undertaken
immediately to prevent or correct structural | ||||||
5 | deficiencies or hazardous
conditions that may harm or injure | ||||||
6 | persons using the facility, as defined
in the rules and | ||||||
7 | regulations of the State Board. This procedure is exempt
from | ||||||
8 | public hearing requirements of this Act.
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9 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
10 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
11 | days, of applications for permits for projects to
construct or | ||||||
12 | modify health care facilities which are needed for the care
and | ||||||
13 | treatment of persons who have acquired immunodeficiency | ||||||
14 | syndrome (AIDS)
or related conditions.
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15 | (10.5) Provide its rationale when voting on an item before | ||||||
16 | it at a State Board meeting in order to comply with subsection | ||||||
17 | (b) of Section 3-108 of the Code of Civil Procedure. | ||||||
18 | (11) Issue written decisions upon request of the applicant | ||||||
19 | or an adversely affected party to the Board. Requests for a | ||||||
20 | written decision shall be made within 15 days after the Board | ||||||
21 | meeting in which a final decision has been made. A "final | ||||||
22 | decision" for purposes of this Act is the decision to approve | ||||||
23 | or deny an application, or take other actions permitted under | ||||||
24 | this Act, at the time and date of the meeting that such action | ||||||
25 | is scheduled by the Board. The transcript of the State Board | ||||||
26 | meeting shall be incorporated into the Board's final decision. |
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1 | The staff of the Board shall prepare a written copy of the | ||||||
2 | final decision and the Board shall approve a final copy for | ||||||
3 | inclusion in the formal record. The Board shall consider, for | ||||||
4 | approval, the written draft of the final decision no later than | ||||||
5 | the next scheduled Board meeting. The written decision shall | ||||||
6 | identify the applicable criteria and factors listed in this Act | ||||||
7 | and the Board's regulations that were taken into consideration | ||||||
8 | by the Board when coming to a final decision. If the Board | ||||||
9 | denies or fails to approve an application for permit or | ||||||
10 | exemption, the Board shall include in the final decision a | ||||||
11 | detailed explanation as to why the application was denied and | ||||||
12 | identify what specific criteria or standards the applicant did | ||||||
13 | not fulfill. | ||||||
14 | (12) Require at least one of its members to participate in | ||||||
15 | any public hearing, after the appointment of a majority of the | ||||||
16 | members to the Board. | ||||||
17 | (13) Provide a mechanism for the public to comment on, and | ||||||
18 | request changes to, draft rules and standards. | ||||||
19 | (14) Implement public information campaigns to regularly | ||||||
20 | inform the general public about the opportunity for public | ||||||
21 | hearings and public hearing procedures. | ||||||
22 | (15) Establish a separate set of rules and guidelines for | ||||||
23 | long-term care that recognizes that nursing homes are a | ||||||
24 | different business line and service model from other regulated | ||||||
25 | facilities. An open and transparent process shall be developed | ||||||
26 | that considers the following: how skilled nursing fits in the |
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1 | continuum of care with other care providers, modernization of | ||||||
2 | nursing homes, establishment of more private rooms, | ||||||
3 | development of alternative services, and current trends in | ||||||
4 | long-term care services.
The Chairman of the Board shall | ||||||
5 | appoint a permanent Health Services Review Board Long-term Care | ||||||
6 | Facility Advisory Subcommittee that shall develop and | ||||||
7 | recommend to the Board the rules to be established by the Board | ||||||
8 | under this paragraph (15). The Subcommittee shall also provide | ||||||
9 | continuous review and commentary on policies and procedures | ||||||
10 | relative to long-term care and the review of related projects. | ||||||
11 | The Subcommittee shall make recommendations to the Board no | ||||||
12 | later than January 1, 2016 and every January thereafter | ||||||
13 | pursuant to the Subcommittee's responsibility for the | ||||||
14 | continuous review and commentary on policies and procedures | ||||||
15 | relative to long-term care. In consultation with other experts | ||||||
16 | from the health field of long-term care, the Board and the | ||||||
17 | Subcommittee shall study new approaches to the current bed need | ||||||
18 | formula and Health Service Area boundaries to encourage | ||||||
19 | flexibility and innovation in design models reflective of the | ||||||
20 | changing long-term care marketplace and consumer preferences | ||||||
21 | and submit its recommendations to the Chairman of the Board no | ||||||
22 | later than January 1, 2017. The Subcommittee shall evaluate, | ||||||
23 | and make recommendations to the State Board regarding, the | ||||||
24 | buying, selling, and exchange of beds between long-term care | ||||||
25 | facilities within a specified geographic area or drive time. | ||||||
26 | The Board shall file the proposed related administrative rules |
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1 | for the separate rules and guidelines for long-term care | ||||||
2 | required by this paragraph (15) by no later than September 30, | ||||||
3 | 2011. The Subcommittee shall be provided a reasonable and | ||||||
4 | timely opportunity to review and comment on any review, | ||||||
5 | revision, or updating of the criteria, standards, procedures, | ||||||
6 | and rules used to evaluate project applications as provided | ||||||
7 | under Section 12.3 of this Act. | ||||||
8 | The Chairman of the Board shall appoint voting members of | ||||||
9 | the Subcommittee, who shall serve for a period of 3 years, with | ||||||
10 | one-third of the terms expiring each January, to be determined | ||||||
11 | by lot. Appointees shall include, but not be limited to, | ||||||
12 | recommendations from each of the 3 statewide long-term care | ||||||
13 | associations, with an equal number to be appointed from each. | ||||||
14 | Compliance with this provision shall be through the appointment | ||||||
15 | and reappointment process. All appointees serving as of April | ||||||
16 | 1, 2015 shall serve to the end of their term as determined by | ||||||
17 | lot or until the appointee voluntarily resigns, whichever is | ||||||
18 | earlier. | ||||||
19 | One representative from the Department of Public Health, | ||||||
20 | the Department of Healthcare and Family Services, the | ||||||
21 | Department on Aging, and the Department of Human Services may | ||||||
22 | each serve as an ex-officio non-voting member of the | ||||||
23 | Subcommittee. The Chairman of the Board shall select a | ||||||
24 | Subcommittee Chair, who shall serve for a period of 3 years. | ||||||
25 | (16) Prescribe the format of the State Board Staff Report. | ||||||
26 | A State Board Staff Report shall pertain to applications that |
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1 | include, but are not limited to, applications for permit or | ||||||
2 | exemption, applications for permit renewal, applications for | ||||||
3 | extension of the obligation period, applications requesting a | ||||||
4 | declaratory ruling, or applications under the Health Care | ||||||
5 | Worker Self-Referral Act. State Board Staff Reports shall | ||||||
6 | compare applications to the relevant review criteria under the | ||||||
7 | Board's rules. | ||||||
8 | (17) Establish a separate set of rules and guidelines for | ||||||
9 | facilities licensed under the Specialized Mental Health | ||||||
10 | Rehabilitation Act of 2013. An application for the | ||||||
11 | re-establishment of a facility in connection with the | ||||||
12 | relocation of the facility shall not be granted unless the | ||||||
13 | applicant has a contractual relationship with at least one | ||||||
14 | hospital to provide emergency and inpatient mental health | ||||||
15 | services required by facility consumers, and at least one | ||||||
16 | community mental health agency to provide oversight and | ||||||
17 | assistance to facility consumers while living in the facility, | ||||||
18 | and appropriate services, including case management, to assist | ||||||
19 | them to prepare for discharge and reside stably in the | ||||||
20 | community thereafter. No new facilities licensed under the | ||||||
21 | Specialized Mental Health Rehabilitation Act of 2013 shall be | ||||||
22 | established after June 16, 2014 (the effective date of Public | ||||||
23 | Act 98-651) except in connection with the relocation of an | ||||||
24 | existing facility to a new location. An application for a new | ||||||
25 | location shall not be approved unless there are adequate | ||||||
26 | community services accessible to the consumers within a |
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1 | reasonable distance, or by use of public transportation, so as | ||||||
2 | to facilitate the goal of achieving maximum individual | ||||||
3 | self-care and independence. At no time shall the total number | ||||||
4 | of authorized beds under this Act in facilities licensed under | ||||||
5 | the Specialized Mental Health Rehabilitation Act of 2013 exceed | ||||||
6 | the number of authorized beds on June 16, 2014 (the effective | ||||||
7 | date of Public Act 98-651). | ||||||
8 | (18) Adopt rules to implement the requirements of Section | ||||||
9 | 8b of the University of Illinois Hospital Act and Section 6.14h | ||||||
10 | of the Hospital Licensing Act. | ||||||
11 | (Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
12 | 98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. | ||||||
13 | 7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277, | ||||||
14 | eff. 8-5-15; revised 10-15-15.) | ||||||
15 | Section 10. The University of Illinois Hospital Act is | ||||||
16 | amended by adding Section 8b as follows: | ||||||
17 | (110 ILCS 330/8b new) | ||||||
18 | Sec. 8b. Supplier diversity goals. | ||||||
19 | (a) The public policy of this State is to collaboratively | ||||||
20 | work with hospitals that serve Illinois residents to improve | ||||||
21 | their supplier diversity in a non-antagonistic manner. | ||||||
22 | (b) The Health Facilities and Services Review Board shall | ||||||
23 | require the University of Illinois Hospital to submit an annual | ||||||
24 | report by April 15, 2017 and every April 15 thereafter, in a |
| |||||||
| |||||||
1 | searchable Adobe PDF format, on all procurement goals and | ||||||
2 | actual spending for female-owned, minority-owned, | ||||||
3 | veteran-owned, and small business enterprises in the previous | ||||||
4 | calendar year. These goals shall be expressed as a percentage | ||||||
5 | of the total work performed by the entity submitting the | ||||||
6 | report, and the actual spending for all female-owned, | ||||||
7 | minority-owned, veteran-owned, and small business enterprises | ||||||
8 | shall also be expressed as a percentage of the total work | ||||||
9 | performed by the entity submitting the report. | ||||||
10 | (c) The University of Illinois Hospital in its annual | ||||||
11 | report shall include the following information: | ||||||
12 | (1) an explanation of the plan for the next year to
| ||||||
13 | increase participation; | ||||||
14 | (2) an explanation of the plan to increase the goals; | ||||||
15 | (3) the areas of procurement that the University of | ||||||
16 | Illinois Hospital shall be
actively seeking more | ||||||
17 | participation in in the next year; | ||||||
18 | (4) an outline of the plan to alert and encourage
| ||||||
19 | potential vendors in that area to seek business from the | ||||||
20 | University of Illinois Hospital; | ||||||
21 | (5) an explanation of the challenges faced in finding
| ||||||
22 | quality vendors and offer any suggestions for what the | ||||||
23 | Health Facilities and Services Review Board could do to be | ||||||
24 | helpful to identify those vendors; | ||||||
25 | (6) a list of the certifications the University of | ||||||
26 | Illinois Hospital
recognizes; |
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| |||||||
1 | (7) the point of contact for any potential vendor who
| ||||||
2 | wishes to do business with the University of Illinois | ||||||
3 | Hospital and explain the process for a vendor to enroll | ||||||
4 | with the University of Illinois Hospital as a | ||||||
5 | minority-owned, women-owned, or veteran-owned company; and | ||||||
6 | (8) any particular success stories to encourage other
| ||||||
7 | hospitals to emulate best practices. | ||||||
8 | (d) Each annual report shall include the rules, | ||||||
9 | regulations, and definitions used for the procurement goals in | ||||||
10 | the University of Illinois Hospital's annual report. | ||||||
11 | (e) The University of Illinois Hospital shall participate | ||||||
12 | in the annual workshop described in subsection (e) of Section | ||||||
13 | 6.14h of the Hospital Licensing Act. The Health Facilities and | ||||||
14 | Services Review Board shall publish a database on its website | ||||||
15 | of the point of contact for the University of Illinois Hospital | ||||||
16 | for supplier diversity, along with a list of certifications the | ||||||
17 | University of Illinois Hospital recognizes from the | ||||||
18 | information submitted in each annual report. The Health | ||||||
19 | Facilities and Services Review Board shall publish each annual | ||||||
20 | report on its website and shall maintain each annual report for | ||||||
21 | at least 5 years. | ||||||
22 | Section 15. The Hospital Licensing Act is amended by adding | ||||||
23 | Section 6.14h as follows: | ||||||
24 | (210 ILCS 85/6.14h new) |
| |||||||
| |||||||
1 | Sec. 6.14h. Supplier diversity goals. | ||||||
2 | (a) The public policy of this State is to collaboratively | ||||||
3 | work with hospitals that serve Illinois residents to improve | ||||||
4 | their supplier diversity in a non-antagonistic manner. | ||||||
5 | (b) The Health Facilities and Services Review Board shall | ||||||
6 | require all participating hospitals under the Health | ||||||
7 | Facilities and Services Review Board's authority to submit an | ||||||
8 | annual report by April 15, 2017 and every April 15 thereafter, | ||||||
9 | in a searchable Adobe PDF format, on all procurement goals and | ||||||
10 | actual spending for female-owned, minority-owned, | ||||||
11 | veteran-owned, and small business enterprises in the previous | ||||||
12 | calendar year. These goals shall be expressed as a percentage | ||||||
13 | of the total work performed by the participating hospital | ||||||
14 | submitting the report, and the actual spending for all | ||||||
15 | female-owned, minority-owned, veteran-owned, and small | ||||||
16 | business enterprises shall also be expressed as a percentage of | ||||||
17 | the total work performed by the entity submitting the report. | ||||||
18 | (c) Each participating hospital in its annual report shall | ||||||
19 | include the following information: | ||||||
20 | (1) an explanation of the plan for the next year to
| ||||||
21 | increase participation; | ||||||
22 | (2) an explanation of the plan to increase the goals; | ||||||
23 | (3) the areas of procurement that the participating | ||||||
24 | hospital shall be
actively seeking more participation in in | ||||||
25 | the next year; | ||||||
26 | (4) an outline of the plan to alert and encourage
|
| |||||||
| |||||||
1 | potential vendors in that area to seek business from the | ||||||
2 | participating hospital; | ||||||
3 | (5) an explanation of the challenges faced in finding
| ||||||
4 | quality vendors and offer any suggestions for what the | ||||||
5 | Health Facilities and Services Review Board could do to be | ||||||
6 | helpful to identify those vendors; | ||||||
7 | (6) a list of the certifications the participating | ||||||
8 | hospital
recognizes; | ||||||
9 | (7) the point of contact for any potential vendor who
| ||||||
10 | wishes to do business with the participating hospital and | ||||||
11 | explain the process for a vendor to enroll with the | ||||||
12 | participating hospital as a minority-owned, women-owned, | ||||||
13 | or veteran-owned company; and | ||||||
14 | (8) any particular success stories to encourage other
| ||||||
15 | hospitals to emulate best practices. | ||||||
16 | (d) Each annual report shall include the rules, | ||||||
17 | regulations, and definitions used for the procurement goals in | ||||||
18 | the participating hospital's annual report. | ||||||
19 | (e) The Health Facilities and Services Review Board, the | ||||||
20 | University of Illinois Hospital, and all participating | ||||||
21 | hospitals shall hold an annual workshop open to the public in | ||||||
22 | 2016 and every year thereafter on the state of supplier | ||||||
23 | diversity to collaboratively seek solutions to structural | ||||||
24 | impediments to achieving stated goals, including testimony | ||||||
25 | from each participating hospital as well as subject matter | ||||||
26 | experts and advocates. The Health Facilities and Services |
| |||||||
| |||||||
1 | Review Board shall publish a database on its website of the | ||||||
2 | point of contact for each participating hospital for supplier | ||||||
3 | diversity, along with a list of certifications each | ||||||
4 | participating hospital recognizes from the information | ||||||
5 | submitted in each annual report. The Health Facilities and | ||||||
6 | Services Review Board shall publish each annual report on its | ||||||
7 | website and shall maintain each annual report for at least 5 | ||||||
8 | years. | ||||||
9 | (f) For the purposes of this Section, "participating | ||||||
10 | hospital" means a hospital that has more than 50 beds.
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|