Illinois General Assembly - Full Text of HB4735
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Full Text of HB4735  102nd General Assembly

HB4735eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4735 EngrossedLRB102 24375 RJF 33609 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 4 as follows:
 
6    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
7    (Section scheduled to be repealed on December 31, 2029)
8    Sec. 4. Health Facilities and Services Review Board;
9membership; appointment; term; compensation; quorum.
10    (a) There is created the Health Facilities and Services
11Review Board, which shall perform the functions described in
12this Act. The Department shall provide operational support to
13the Board as necessary, including the provision of office
14space, supplies, and clerical, financial, and accounting
15services. The Board may contract for functions or operational
16support as needed. The Board may also contract with experts
17related to specific health services or facilities and create
18technical advisory panels to assist in the development of
19criteria, standards, and procedures used in the evaluation of
20applications for permit and exemption.
21    (b) The State Board shall consist of 11 voting members.
22All members shall be residents of Illinois and at least 4 shall
23reside outside the Chicago Metropolitan Statistical Area.

 

 

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1Consideration shall be given to potential appointees who
2reflect the ethnic and cultural diversity of the State.
3Neither Board members nor Board staff shall be convicted
4felons or have pled guilty to a felony.
5    Each member shall have a reasonable knowledge of the
6practice, procedures and principles of the health care
7delivery system in Illinois, including at least 5 members who
8shall be knowledgeable about health care delivery systems,
9health systems planning, finance, or the management of health
10care facilities currently regulated under the Act. One member
11shall be a representative of a non-profit health care consumer
12advocacy organization. One member shall be a representative
13from the community with experience on the effects of
14discontinuing health care services or the closure of health
15care facilities on the surrounding community; provided,
16however, that all other members of the Board shall be
17appointed before this member shall be appointed. A spouse,
18parent, sibling, or child of a Board member cannot be an
19employee, agent, or under contract with services or facilities
20subject to the Act. Prior to appointment and in the course of
21service on the Board, members of the Board shall disclose the
22employment or other financial interest of any other relative
23of the member, if known, in service or facilities subject to
24the Act. Members of the Board shall declare any conflict of
25interest that may exist with respect to the status of those
26relatives and recuse themselves from voting on any issue for

 

 

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1which a conflict of interest is declared. No person shall be
2appointed or continue to serve as a member of the State Board
3who is, or whose spouse, parent, sibling, or child is, a member
4of the Board of Directors of, has a financial interest in, or
5has a business relationship with a health care facility.
6    Notwithstanding any provision of this Section to the
7contrary, the term of office of each member of the State Board
8serving on the day before the effective date of this
9amendatory Act of the 96th General Assembly is abolished on
10the date upon which members of the Board, as established by
11this amendatory Act of the 96th General Assembly, have been
12appointed and can begin to take action as a Board.
13    (c) The State Board shall be appointed by the Governor,
14with the advice and consent of the Senate. Not more than 6 of
15the appointments shall be of the same political party at the
16time of the appointment.
17    The Secretary of Human Services, the Director of
18Healthcare and Family Services, and the Director of Public
19Health, or their designated representatives, shall serve as
20ex-officio, non-voting members of the State Board.
21    (d) Of those members initially appointed by the Governor
22following the effective date of this amendatory Act of the
2396th General Assembly, 3 shall serve for terms expiring July
241, 2011, 3 shall serve for terms expiring July 1, 2012, and 3
25shall serve for terms expiring July 1, 2013. Thereafter, each
26appointed member shall hold office for a term of 3 years,

 

 

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1provided that any member appointed to fill a vacancy occurring
2prior to the expiration of the term for which his or her
3predecessor was appointed shall be appointed for the remainder
4of such term and the term of office of each successor shall
5commence on July 1 of the year in which his predecessor's term
6expires. Each member shall hold office until his or her
7successor is appointed and qualified. The Governor may
8reappoint a member for additional terms, but no member shall
9serve more than 3 terms, subject to review and re-approval
10every 3 years.
11    (e) State Board members, while serving on business of the
12State Board, shall receive actual and necessary travel and
13subsistence expenses while so serving away from their places
14of residence. State Board members may opt in to receive a
15stipend of $250 and the State Board chair may opt in to receive
16a stipend of $400 for each Board meeting that they attend.
17Until March 1, 2010, a member of the State Board who
18experiences a significant financial hardship due to the loss
19of income on days of attendance at meetings or while otherwise
20engaged in the business of the State Board may be paid a
21hardship allowance, as determined by and subject to the
22approval of the Governor's Travel Control Board.
23    (f) The Governor shall designate one of the members to
24serve as the Chairman of the Board, who shall be a person with
25expertise in health care delivery system planning, finance or
26management of health care facilities that are regulated under

 

 

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1the Act. The Chairman shall annually review Board member
2performance and shall report the attendance record of each
3Board member to the General Assembly.
4    (g) The State Board, through the Chairman, shall prepare a
5separate and distinct budget approved by the General Assembly
6and shall hire and supervise its own professional staff
7responsible for carrying out the responsibilities of the
8Board.
9    (h) The State Board shall meet at least every 45 days, or
10as often as the Chairman of the State Board deems necessary, or
11upon the request of a majority of the members.
12    (i) Six members of the State Board shall constitute a
13quorum. The affirmative vote of 6 of the members of the State
14Board shall be necessary for any action requiring a vote to be
15taken by the State Board. A vacancy in the membership of the
16State Board shall not impair the right of a quorum to exercise
17all the rights and perform all the duties of the State Board as
18provided by this Act.
19    (j) A State Board member shall disqualify himself or
20herself from the consideration of any application for a permit
21or exemption in which the State Board member or the State Board
22member's spouse, parent, sibling, or child: (i) has an
23economic interest in the matter; or (ii) is employed by,
24serves as a consultant for, or is a member of the governing
25board of the applicant or a party opposing the application.
26    (k) The Chairman, Board members, and Board staff must

 

 

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1comply with the Illinois Governmental Ethics Act.
2(Source: P.A. 102-4, eff. 4-27-21.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.