Full Text of HB5053 96th General Assembly
HB5053eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| WHEREAS, The General Assembly finds and recognizes that | 3 |
| there is a shortage of psychiatrists in designated shortage | 4 |
| areas within this State; therefore | 5 |
| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 8 |
| Psychiatry Practice Incentive Act. | 9 |
| Section 5. Purpose. The purpose of this Act is to establish | 10 |
| a program in the Department of Public Health to ensure access | 11 |
| to psychiatric health care services for all citizens of the | 12 |
| State, by establishing programs of grants, loans, and loan | 13 |
| forgiveness to recruit and retain psychiatric service | 14 |
| providers in designated areas of the State for physicians who | 15 |
| will agree to establish and maintain psychiatric practice in | 16 |
| areas of the State demonstrating the greatest need for more | 17 |
| psychiatric care. The program shall encourage licensed | 18 |
| psychiatrists to locate in areas where shortages exist and to | 19 |
| increase the total number of such physicians in the State. | 20 |
| Section 10. Definitions. In this Act, unless the context | 21 |
| otherwise requires: |
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| "Department" means the Department of Public Health. | 2 |
| "Director" means the Director of Public Health. | 3 |
| "Designated shortage area" means an area designated by the | 4 |
| Director as a psychiatric or mental health physician shortage | 5 |
| area, as defined by the United States Department of Health and | 6 |
| Human Services or as further defined by the Department to | 7 |
| enable it to effectively fulfill the purpose stated in Section | 8 |
| 5 of this Act. Such areas may include the following: | 9 |
| (1) an urban or rural area that is a rational area for | 10 |
| the delivery of health services;
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| (2) a population group; or
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| (3) a public or nonprofit private medical facility.
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| "Eligible medical student" means a person who meets all of | 14 |
| the following qualifications: | 15 |
| (1) He or she is an Illinois resident at the time of | 16 |
| application for assistance under the program established | 17 |
| by this Act.
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| (2) He or she is studying medicine in a medical school | 19 |
| located in Illinois.
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| (3) He or she exhibits financial need, as determined by | 21 |
| the Department.
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| (4) He or she agrees to practice full time in a | 23 |
| designated shortage area as a psychiatrist for one year for | 24 |
| each year that he or she receives assistance under this | 25 |
| Act.
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| (5) He or she agrees to accept medical payments, as |
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| defined in this Act, and to serve targeted populations. | 2 |
| "Medical facility" means a facility for the delivery of | 3 |
| health services. "Medical facility" includes a hospital, State | 4 |
| mental health institution, public health center, outpatient | 5 |
| medical facility, rehabilitation facility, long-term care | 6 |
| facility, federally-qualified health center, migrant health | 7 |
| center, community health center, community mental health | 8 |
| center, or State correctional institution. | 9 |
| "Medical payments" means compensation provided to | 10 |
| physicians for services rendered under Article V of the | 11 |
| Illinois Public Aid Code. | 12 |
| "Medically underserved area" means an urban or rural area | 13 |
| designated by the Secretary of the United States Department of | 14 |
| Health and Human Services as an area with a shortage of | 15 |
| personal health services or as otherwise designated by the | 16 |
| Department of Public Health. | 17 |
| "Medically underserved population" means (i) the | 18 |
| population of an urban or rural area designated by the | 19 |
| Secretary of the United States Department of Health and Human | 20 |
| Services as an area with a shortage of personal health | 21 |
| services, (ii) a population group designated by the Secretary | 22 |
| of the United States Department of Health and Human Services as | 23 |
| having a shortage of personal health services, or (iii) as | 24 |
| otherwise designated by the Department of Public Health. | 25 |
| "Psychiatric physician" means a person licensed to | 26 |
| practice medicine in all of its branches under the Medical |
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| Practice Act of 1987 with board eligibility or certification in | 2 |
| the specialty of psychiatry, as defined by recognized standards | 3 |
| of professional medical practice. | 4 |
| "Psychiatric practice residency program" means a program | 5 |
| accredited by the Residency Review Committee for Psychiatry of | 6 |
| the Accreditation Council for Graduate Medical Education or the | 7 |
| American Osteopathic Association. | 8 |
| "Targeted populations" means one or more of the following: | 9 |
| (i) a medically underserved population, (ii) persons in a | 10 |
| medically underserved area, (iii) an uninsured population of | 11 |
| this State, and (iv) persons enrolled in a medical program | 12 |
| administered by the Illinois Department of Healthcare and | 13 |
| Family Services. | 14 |
| "Uninsured population" means persons who (i) do not own | 15 |
| private health care insurance, (ii) are not part of a group | 16 |
| insurance plan, and (iii) are not eligible for any State or | 17 |
| federal government-sponsored health care program. | 18 |
| Section 15. Powers and duties of the Department. The | 19 |
| Department shall have all of the following powers and duties: | 20 |
| (1) To allocate funds to psychiatric practice | 21 |
| residency and child and adolescent fellowship programs | 22 |
| according to the following priorities:
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| (A) to increase the number of psychiatric | 24 |
| physicians in designated shortage areas;
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| (B) to increase the percentage of psychiatric |
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| physicians establishing practice within the State upon | 2 |
| completion of residency;
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| (C) to increase the number of accredited | 4 |
| psychiatric practice residencies within the State; and
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| (D) to increase the percentage of psychiatric | 6 |
| practice physicians establishing practice within the | 7 |
| State upon completion of residency. | 8 |
| (2) To determine the procedures for the distribution of | 9 |
| the funds to psychiatric residency programs, including the | 10 |
| establishment of eligibility criteria in accordance with | 11 |
| the following guidelines: | 12 |
| (A) preference for programs that are to be | 13 |
| established at locations that exhibit potential for | 14 |
| extending psychiatric practice physician availability | 15 |
| to designated shortage areas;
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| (B) preference for programs that are located away | 17 |
| from communities in which medical schools are located; | 18 |
| and
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| (C) preference for programs located in hospitals | 20 |
| that have affiliation agreements with medical schools | 21 |
| located within the State.
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| In distributing such funds, the Department may also | 23 |
| consider as secondary criteria whether or not a psychiatric | 24 |
| practice residency program has (i) adequate courses of | 25 |
| instruction in the child and adolescent behavioral | 26 |
| disorder sciences;
(ii) availability and systematic |
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| utilization of opportunities for residents to gain | 2 |
| experience through local health departments, community | 3 |
| mental health centers, or other preventive or occupational | 4 |
| medical facilities;
(iii) a continuing program of | 5 |
| community oriented research in such areas as risk factors | 6 |
| in community populations;
(iv) sufficient mechanisms for | 7 |
| maintenance of quality training, such as peer review, | 8 |
| systematic progress reviews, referral system, and | 9 |
| maintenance of adequate records; and
(v) an appropriate | 10 |
| course of instruction in societal, institutional, and | 11 |
| economic conditions affecting psychiatric practice. | 12 |
| (3) To receive and disburse federal funds in accordance | 13 |
| with the purpose stated in Section 5 of this Act. | 14 |
| (4) To enter into contracts or agreements with any | 15 |
| agency or department of this State or the United States to | 16 |
| carry out the provisions of this Act. | 17 |
| (5) To coordinate the psychiatric residency grants | 18 |
| program established under this Act with other student | 19 |
| assistance and residency programs administered by the | 20 |
| Department and the Board of Higher Education under the | 21 |
| Health Services Education Grants Act, including, but not be | 22 |
| limited to, the establishment of criteria, standards and | 23 |
| procedures that enable a person who has qualified and | 24 |
| received assistance under the Family Practice Residency | 25 |
| Act to receive credit under that Act for any additional | 26 |
| training in the specialty of psychiatry recognized under |
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| this Act and who practices as a psychiatrist in a | 2 |
| designated shortage area. Creditable training and practice | 3 |
| under this Act shall be considered sufficient evidence in | 4 |
| meeting the service obligations under the Family Practice | 5 |
| Residency Act. | 6 |
| (6) To design and coordinate a study for the purpose of | 7 |
| assessing the characteristics of practice resulting from | 8 |
| the psychiatric practice residency programs including, but | 9 |
| not limited to, information regarding the nature and scope | 10 |
| of practices, location of practices, years of active | 11 |
| practice following completion of residency and other | 12 |
| information deemed necessary for the administration of | 13 |
| this Act. | 14 |
| (7) To establish a program, and the criteria for such
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| program, for the repayment of the educational loans of
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| physicians who agree to (i) serve in designated shortage | 17 |
| areas
for a specified period of time, no less than 3 years, | 18 |
| (ii) accept medical payments, as defined in this Act, and | 19 |
| (iii) serve targeted populations to the extent required by | 20 |
| the program. Payments under this program may be made for | 21 |
| the principal, interest, and related expenses of | 22 |
| government and commercial loans received by the individual | 23 |
| for tuition expenses and all other reasonable educational | 24 |
| expenses incurred by the individual. Payments made under | 25 |
| this provision are exempt from State income tax, as | 26 |
| provided by law. |
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| (8) To require psychiatric practice residency programs | 2 |
| seeking grants under this Act to make application according | 3 |
| to procedures consistent with the priorities and | 4 |
| guidelines established in items (1) and (2) of this | 5 |
| Section. | 6 |
| (9) To adopt rules and regulations that are necessary | 7 |
| for the establishment and maintenance of the programs | 8 |
| required by this Act. | 9 |
| Section 20. Application requirement; ratio of State | 10 |
| support to local support. Residency programs seeking funds | 11 |
| under this Act must make application to the Department. The | 12 |
| application shall include evidence of local support for the | 13 |
| program, either in the form of funds, services, or other | 14 |
| resources. The ratio of State support to local support shall be | 15 |
| determined by the Department in a manner that is consistent | 16 |
| with the purposes of this Act, as set forth in Section 5 of | 17 |
| this Act. In establishing such ratio of State support to local | 18 |
| support, the Department may vary the amount of the required | 19 |
| local support depending upon the criticality of the need for | 20 |
| more professional health care services, the geographic | 21 |
| location, and the economic base of the designated shortage | 22 |
| area. | 23 |
| Section 25. Study participation. Residency programs | 24 |
| qualifying for grants under this Act shall participate in the |
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| study required in item (6) of Section 15 of this Act. | 2 |
| Section 30. Illinois Administrative Procedure Act. The | 3 |
| Illinois Administrative Procedure Act is hereby expressly | 4 |
| adopted and incorporated herein as if all of the provisions of | 5 |
| such Act were included in this Act. | 6 |
| Section 35. Annual report. The Department shall annually | 7 |
| report to the General Assembly and the Governor the results and | 8 |
| progress of all programs established under this Act on or | 9 |
| before March 15.
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| The annual report to the General Assembly and the Governor | 11 |
| must include the impact of programs established under this Act | 12 |
| on the ability of designated shortage areas to attract and | 13 |
| retain physicians and other health care personnel. The report | 14 |
| shall include recommendations to improve that ability. | 15 |
| The requirement for reporting to the General Assembly shall | 16 |
| be satisfied by filing copies of the report with the Speaker, | 17 |
| the Minority Leader, and the Clerk of the House of | 18 |
| Representatives and the President, the Minority Leader and the | 19 |
| Secretary of the Senate and the Legislative Research Unit, as | 20 |
| required by Section 3.1 of the General Assembly Organization | 21 |
| Act, and by filing such additional copies with the State | 22 |
| Government Report Distribution Center for the General Assembly | 23 |
| as is required under paragraph (t) of Section 7 of the State | 24 |
| Library Act. |
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| Section 40. Penalty for failure to fulfill obligation. Any | 2 |
| recipient of assistance under this Act who fails to fulfill his | 3 |
| or her obligation to practice full-time in a designated | 4 |
| shortage area as a psychiatrist for one year for each year that | 5 |
| he or she is a recipient of assistance shall pay to the | 6 |
| Department a sum equal to 3 times the amount of the assistance | 7 |
| provided for each year that the recipient fails to fulfill such | 8 |
| obligation. A recipient of assistance who fails to fulfill his | 9 |
| or her practice obligation shall have 30 days after the date on | 10 |
| which that failure begins to enter into a contract with the | 11 |
| Department that sets forth the manner in which that sum is | 12 |
| required to be paid. The amounts paid to the Department under | 13 |
| this Section shall be deposited into the Community Health | 14 |
| Center Care Fund and shall be used by the Department to improve | 15 |
| access to primary health care services as authorized by | 16 |
| subsection (a) of Section 2310-200 of the Department of Public | 17 |
| Health Powers and Duties Law of the Civil Administrative Code | 18 |
| of Illinois (20 ILCS 2310/2310-200). | 19 |
| The Department may transfer to the Illinois Finance | 20 |
| Authority, into an account outside of the State treasury, | 21 |
| moneys in the Community Health Center Care Fund as needed, but | 22 |
| not to exceed an amount established by rule by the Department | 23 |
| to establish a reserve or credit enhancement escrow account to | 24 |
| support a financing program or a loan or equipment leasing | 25 |
| program to provide moneys to support the purposes of subsection |
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| (a) of Section 2310-200 of the Department of Public Health | 2 |
| Powers and Duties Law of the Civil Administrative Code of | 3 |
| Illinois (20 ILCS 2310/2310-200). The disposition of moneys at | 4 |
| the conclusion of any financing program under this Section | 5 |
| shall be determined by an interagency agreement.
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