Full Text of SB0244 95th General Assembly
SB0244ham001 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 5/16/2007
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| AMENDMENT TO SENATE BILL 244
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| AMENDMENT NO. ______. Amend Senate Bill 244 as follows: | 3 |
| immediately above the enacting clause, by inserting the | 4 |
| following: | 5 |
| "WHEREAS, The 94th General Assembly funded a study by the | 6 |
| Lewin Group, "An Evaluation of Illinois' 'Certificate of Need' | 7 |
| Program", which recommended that "... the Illinois legislature | 8 |
| move forward to continue the 'Certificate-of-Need' program | 9 |
| with an abundance of caution...". Given the potential for harm | 10 |
| to specific critical elements of the health care system, | 11 |
| non-traditional arguments for maintaining | 12 |
| "Certificate-of-Need" laws deserve consideration, until the | 13 |
| evidence on the impact that specialty providers and ambulatory | 14 |
| surgery centers may have on safety-net providers and services | 15 |
| can be better quantified. In response to the Lewin analysis and | 16 |
| additional concerns regarding health planning in Illinois, the |
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| 95th General Assembly enacted Senate Bill 611 (Public Act | 2 |
| 95-0001) that extended the "sunset" date of the Illinois Health | 3 |
| Facilities Planning Act from April 1, 2007 to May 31, 2007 so | 4 |
| that interested parties could agree on a strategy to further | 5 |
| extend the "sunset" date, and develop a more comprehensive | 6 |
| reform agenda; therefore"; and
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| by replacing everything after the enacting clause with the | 8 |
| following:
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| "Section 5. The Illinois Health Facilities Planning Act is | 10 |
| amended by changing Section 19.6 and by adding Sections 12.5 | 11 |
| and 15.5 as follows: | 12 |
| (20 ILCS 3960/12.5 new)
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| Sec. 12.5. Update of existing bed inventory and associated | 14 |
| bed need projections. The State Agency shall immediately update | 15 |
| the existing bed inventory and associated bed need projections | 16 |
| required by Sections 12 and 12.3 of this Act, using the most | 17 |
| recently published historical utilization data, 10-year | 18 |
| population projections, and a consistent 85% migration factor | 19 |
| for each category of service. | 20 |
| (20 ILCS 3960/15.5 new) | 21 |
| Sec. 15.5. Task Force on Health Planning Reform. | 22 |
| (a) The Task Force on Health Planning Reform is created. |
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| (b) The Task Force shall consist of 15 voting members, as | 2 |
| follows: 6 persons, who are not currently employed by a State | 3 |
| agency, appointed by the Director of Public Health, 3 of whom | 4 |
| shall be persons with knowledge and experience in the delivery | 5 |
| of health care services, including at least 1 person | 6 |
| representing organized health service workers, 2 of whom shall | 7 |
| be persons with professional experience in the administration | 8 |
| or management of health care facilities, and 1 of whom shall be | 9 |
| a person with experience in health planning; 2 members of the | 10 |
| Illinois Senate appointed by the President of the Senate, one | 11 |
| of whom shall be designated a co-chair at the time of | 12 |
| appointment; 2 members of the Illinois Senate appointed by the | 13 |
| Senate Minority Leader; 2 members of the Illinois House of | 14 |
| Representatives appointed by the Speaker of the House of | 15 |
| Representatives, one of whom shall be designated a co-chair at | 16 |
| the time of appointment; 2 members of the Illinois House of | 17 |
| Representatives appointed by the House Minority Leader; and one | 18 |
| member, or a designee, appointed by the Attorney General of | 19 |
| Illinois. | 20 |
| The following persons, or their designees, shall serve, ex | 21 |
| officio, as nonvoting members of the Task Force: the Director | 22 |
| of Public Health, the Secretary of the Illinois Health | 23 |
| Facilities Planning Board, the Director of Healthcare and | 24 |
| Family Services, the Secretary of Human Services, and the | 25 |
| Director of the Governor's Office of Management and Budget.
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| Members shall serve without compensation, but may be |
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| reimbursed for their expenses in relation to duties on the Task | 2 |
| Force.
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| A vote of 10 members appointed to the Task Force is | 4 |
| required with respect to the adoption of recommendations to the | 5 |
| Governor and General Assembly and the final report required by | 6 |
| this Section. | 7 |
| (c) The Task Force shall gather information and make | 8 |
| recommendations relating to at least the following topics in | 9 |
| relation to the Illinois Health Facilities Planning Act:
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| (1) The impact of health planning on the provision of | 11 |
| essential and accessible health care services; prevention | 12 |
| of unnecessary duplication of facilities and services; | 13 |
| improvement in the efficiency of the health care system; | 14 |
| maintenance of an environment in the health care system | 15 |
| that supports quality care; the most economic use of | 16 |
| available resources; and the effect of repealing this Act. | 17 |
| (2) Reform of the Illinois Health Facilities Planning | 18 |
| Board to enable it to undertake a more active role in | 19 |
| health planning to provide guidance in the development of | 20 |
| services to meet the health care needs of Illinois, | 21 |
| including identifying and recommending initiatives to meet | 22 |
| special needs. | 23 |
| (3) Reforms to ensure that health planning under the | 24 |
| Illinois Health Facilities Planning Act is coordinated | 25 |
| with other health planning laws and activities of the | 26 |
| State. |
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| (4) Reforms that will enable the Illinois Health | 2 |
| Facilities Planning Board to focus most of its project | 3 |
| review efforts on "Certificate-of-Need" applications | 4 |
| involving new facilities, discontinuation of services, | 5 |
| major expansions, and volume-sensitive services, and to | 6 |
| expedite review of other projects to the maximum extent | 7 |
| possible. | 8 |
| (5) Reforms that will enable the Illinois Health | 9 |
| Facilities Planning Board to determine how criteria, | 10 |
| standards, and procedures for evaluating project | 11 |
| applications involving specialty providers, ambulatory | 12 |
| surgical facilities, and other alternative health care | 13 |
| models should be amended to give special attention to the | 14 |
| impact of those projects on traditional community | 15 |
| hospitals to assure the availability and access to | 16 |
| essential quality medical care in those communities. | 17 |
| (6) Implementation of policies and procedures | 18 |
| necessary for the Illinois Health Facilities Planning | 19 |
| Board to give special consideration to the impact of the | 20 |
| projects it reviews on access to "safety net" services. | 21 |
| (7) Changes in policies and procedures to make the | 22 |
| Illinois health facilities planning process predictable, | 23 |
| transparent, and as efficient as possible; requiring the | 24 |
| State Agency (the Illinois Department of Public Health) and | 25 |
| the Illinois Health Facilities Planning Board to provide | 26 |
| timely and appropriate explanations of its decisions and |
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| establish more effective procedures to enable public | 2 |
| review and comment on facts set forth in State Agency staff | 3 |
| analyses of project applications prior to the issuance of | 4 |
| final decisions on each project. | 5 |
| (8) Reforms to ensure that patient access to new and | 6 |
| modernized services will not be delayed during a transition | 7 |
| period under any proposed system reform; and that the | 8 |
| transition should minimize disruption of the process for | 9 |
| current applicants. | 10 |
| (9) Identification of the resources necessary to | 11 |
| support the work of the Agency and the Board.
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| (d) The Task Force shall recommend reforms regarding the | 13 |
| following:
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| (1) The size and membership of current Illinois Health | 15 |
| Facilities Planning Board. Review and make recommendations | 16 |
| on the reorganization of the structure and function of the | 17 |
| Illinois Health Facilities Planning Board and the State | 18 |
| Agency responsible for health planning (the Illinois | 19 |
| Department of Public Health), giving consideration to | 20 |
| various options for re-assigning the primary | 21 |
| responsibility for the review, approval, and denial of | 22 |
| project applications between the Board and the State | 23 |
| Agency, so that the "Certificate-of-Need" process is | 24 |
| administered in the most effective, efficient, and | 25 |
| consistent manner possible in accordance with the | 26 |
| objectives referenced in subsection (c) of this Section. |
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| (2) Changes in policies and procedures that will charge | 2 |
| the Illinois Health Facilities Planning Board with | 3 |
| developing a long range health facilities plan (10 years) | 4 |
| to be updated at least every 2 years, so that it is a | 5 |
| rolling 10-year plan based upon data no older than 2 years. | 6 |
| The plan should incorporate an inventory of the State's | 7 |
| health facilities infrastructure including both facilities | 8 |
| and services regulated under this Act, as well as | 9 |
| facilities and services that are not currently regulated | 10 |
| under this Act, as determined by the Board. The planning | 11 |
| criteria and standards should be adjusted to take into | 12 |
| consideration services that are regulated under the Act, | 13 |
| but are also offered by non-regulated providers. The | 14 |
| Illinois Department of Public Health bed inventory should | 15 |
| be updated each year using the most recent utilization data | 16 |
| for both hospitals and long-term care facilities including | 17 |
| 2003, 2004, 2005 and subsequent-year inpatient discharges | 18 |
| and days. This revised bed supply should be used as the bed | 19 |
| supply input for all Planning Area bed need calculations. | 20 |
| Ten-year population projection data should be incorporated | 21 |
| into the plan. Plan updates may include re-drawing planning | 22 |
| area boundaries to reflect population changes. The Task | 23 |
| Force shall consider whether the inventory formula should | 24 |
| use migration factors for the medical/surgical, | 25 |
| pediatrics, obstetrics, and other categories of service, | 26 |
| and if so, what those migration factors should be. The |
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| Board should hold public hearings on the plan and its | 2 |
| updates. There should be a mechanism for the public to | 3 |
| request that the plan be updated more frequently to address | 4 |
| emerging population and demographic trends. In developing | 5 |
| the plan, the Board should consider health plans and other | 6 |
| related publications that have been developed both in | 7 |
| Illinois and nationally. In developing the plan, the need | 8 |
| to ensure access to care, especially for "safety net" | 9 |
| services, including rural and medically underserved | 10 |
| communities, should be included. | 11 |
| (3) Changes in regulations that establish separate | 12 |
| criteria, standards, and procedures when necessary to | 13 |
| adjust for structural, functional, and operational | 14 |
| differences between long term care facilities and acute | 15 |
| care facilities and that allow routine changes of | 16 |
| ownership, facility sales, and closure requests to be | 17 |
| processed on a timely basis. Consider rules to allow | 18 |
| flexibility for facilities to modernize, expand, or | 19 |
| convert to alternative uses that are in accord with health | 20 |
| planning standards. | 21 |
| (4) Changes in policies and procedures so that the | 22 |
| Illinois Health Facilities Planning Board updates the | 23 |
| standards and criteria on a regular basis and proposes new | 24 |
| standards to keep pace with the evolving health care | 25 |
| delivery system. Proton Therapy and Treatment is an example | 26 |
| of a new, cutting-edge procedure that may require the Board |
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| to immediately develop criteria, standards, and procedures | 2 |
| for that type of facility. Temporary advisory committees | 3 |
| may be appointed to assist in the development of revisions | 4 |
| to the Board's standards and criteria, including experts | 5 |
| with professional competence in the subject matter of the | 6 |
| proposed standards or criteria that are to be developed. | 7 |
| (5) Changes in policies and procedures to expedite | 8 |
| project approval, particularly for less complex projects, | 9 |
| including standards for determining whether a project is in | 10 |
| "substantial compliance" with the Board's review | 11 |
| standards. The review standards must include a requirement | 12 |
| for applicants to include a "Safety Net" Impact Statement. | 13 |
| This Statement shall describe the project's impact on | 14 |
| safety net services in the community. The State Agency | 15 |
| Report shall include an assessment of the Statement. | 16 |
| (6) Changes to enforcement processes and compliance | 17 |
| standards to ensure they are fair and consistent with the | 18 |
| severity of the violation. | 19 |
| (7) Revisions in policies and procedures to prevent | 20 |
| conflicts of interest by members of the Illinois Health | 21 |
| Facilities Planning Board and State Agency staff, | 22 |
| including increasing the penalties for violations.
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| (8) Other changes determined necessary to improve the | 24 |
| administration of this Act.
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| (e) The State Agency, at the direction of the Task Force, | 26 |
| may hire any necessary staff or consultants, enter into |
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| contracts, and make any expenditures necessary for carrying out | 2 |
| the duties of the Task Force, all out of moneys appropriated | 3 |
| for that purpose. Staff support services shall be provided to | 4 |
| the Task Force by the State Agency from such appropriations. | 5 |
| (f) The Task Force may establish any advisory committee to | 6 |
| ensure maximum public participation in the Task Force's | 7 |
| planning, organization, and implementation review process. If | 8 |
| established, advisory committees shall (i) advise and assist | 9 |
| the Task Force in its duties and (ii) help the Task Force to | 10 |
| identify issues of public concern. | 11 |
| (g) The Task Force shall submit findings and | 12 |
| recommendations to the Governor and the General Assembly by | 13 |
| March 1, 2008, including any necessary implementing | 14 |
| legislation, and recommendations for changes to policies, | 15 |
| rules, or procedures that are not incorporated in the | 16 |
| implementing legislation. | 17 |
| (h) The Task Force is abolished on August 1, 2008.
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| (20 ILCS 3960/19.6)
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| (Section scheduled to be repealed on May 31, 2007)
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| Sec. 19.6. Repeal. This Act is repealed on August 31, 2008
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| May 31, 2007 .
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| (Source: P.A. 94-983, eff. 6-30-06; 95-1, eff. 3-30-07.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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