Full Text of SB2124 97th General Assembly
SB2124sam001 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 2/27/2012
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| 1 | | AMENDMENT TO SENATE BILL 2124
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2124 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Health Facilities Planning Act is | 5 | | amended 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| 7 | | (Section scheduled to be repealed on December 31, 2019)
| 8 | | Sec. 4. Health Facilities and Services Review Board; | 9 | | membership; appointment; term;
compensation; quorum. | 10 | | Notwithstanding any other provision in this Section, members of | 11 | | the State Board holding office on the day before the effective | 12 | | date of this amendatory Act of the 96th General Assembly shall | 13 | | retain their authority. | 14 | | (a) There is created the Health
Facilities and Services | 15 | | Review Board, which
shall perform the functions described in | 16 | | this
Act. The Department shall provide operational support to |
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| 1 | | the Board, including the provision of office space, supplies, | 2 | | and clerical, financial, and accounting services. The Board may | 3 | | contract with experts related to specific health services or | 4 | | facilities and create technical advisory panels to assist in | 5 | | the development of criteria, standards, and procedures used in | 6 | | the evaluation of applications for permit and exemption.
| 7 | | (b) Beginning March 1, 2010, the State Board shall consist | 8 | | of 9 voting members. All members shall be residents of Illinois | 9 | | and at least 4 shall reside outside the Chicago Metropolitan | 10 | | Statistical Area. Consideration shall be given to potential | 11 | | appointees who reflect the ethnic and cultural diversity of the | 12 | | State. Neither Board members nor Board staff shall be convicted | 13 | | felons or have pled guilty to a felony. | 14 | | Each member shall have a reasonable knowledge of the | 15 | | practice, procedures and principles of the health care delivery | 16 | | system in Illinois, including at least 5 members who shall be | 17 | | knowledgeable about health care delivery systems, health | 18 | | systems planning, finance, or the management of health care | 19 | | facilities currently regulated under the Act. One member shall | 20 | | be a representative of a non-profit health care consumer | 21 | | advocacy organization. Spouses or other members of the | 22 | | immediate family of the Board cannot be an employee, agent, or | 23 | | under contract with services or facilities subject to the Act. | 24 | | Prior to appointment and in the course of service on the Board, | 25 | | members of the Board shall disclose the employment or other | 26 | | financial interest of any other relative of the member, if |
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| 1 | | known, in service or facilities subject to the Act. Members of | 2 | | the Board shall declare any conflict of interest that may exist | 3 | | with respect to the status of those relatives and recuse | 4 | | themselves from voting on any issue for which a conflict of | 5 | | interest is declared. No person shall be appointed or continue | 6 | | to serve as a member of the State Board who is, or whose | 7 | | spouse, parent, or child is, a member of the Board of Directors | 8 | | of, has a financial interest in, or has a business relationship | 9 | | with a health care facility. | 10 | | Notwithstanding any provision of this Section to the | 11 | | contrary, the term of
office of each member of the State Board | 12 | | serving on the day before the effective date of this amendatory | 13 | | Act of the 96th General Assembly is abolished on the date upon | 14 | | which members of the 9-member Board, as established by this | 15 | | amendatory Act of the 96th General Assembly, have been | 16 | | appointed and can begin to take action as a Board. Members of | 17 | | the State Board serving on the day before the effective date of | 18 | | this amendatory Act of the 96th General Assembly may be | 19 | | reappointed to the 9-member Board. Prior to March 1, 2010, the | 20 | | Health Facilities Planning Board shall establish a plan to | 21 | | transition its powers and duties to the Health Facilities and | 22 | | Services Review Board.
| 23 | | (c) The State Board shall be appointed by the Governor, | 24 | | with the advice
and consent of the Senate. Not more than 5 of | 25 | | the
appointments shall be of the same political party at the | 26 | | time of the appointment.
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| 1 | | The Secretary of Human Services, the Director of Healthcare | 2 | | and Family Services, and
the Director of Public Health, or | 3 | | their designated representatives,
shall serve as ex-officio, | 4 | | non-voting members of the State Board.
| 5 | | (d) Of those 9 members initially appointed by the Governor | 6 | | following the effective date of this
amendatory Act of the 96th | 7 | | General Assembly, 3 shall serve for terms expiring
July 1, | 8 | | 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | 9 | | shall serve
for terms expiring July 1, 2013. Thereafter, each
| 10 | | appointed member shall
hold office for a term of 3 years, | 11 | | provided that any member
appointed to fill a vacancy
occurring | 12 | | prior to the expiration of the
term for which his or her | 13 | | predecessor was appointed shall be appointed for the
remainder | 14 | | of such term and the term of office of each successor shall
| 15 | | commence on July 1 of the year in which his predecessor's term | 16 | | expires. Each
member appointed after the effective date of this | 17 | | amendatory Act of the 96th General Assembly shall hold office | 18 | | until his or her successor is appointed and qualified. The | 19 | | Governor may reappoint a member for additional terms, but no | 20 | | member shall serve more than 3 terms, subject to review and | 21 | | re-approval every 3 years.
| 22 | | (e) State Board members, while serving on business of the | 23 | | State Board,
shall receive actual and necessary travel and | 24 | | subsistence expenses while
so serving away from their places
of | 25 | | residence. Until March 1, 2010, a
member of the State Board who | 26 | | experiences a significant financial hardship
due to the loss of |
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| 1 | | income on days of attendance at meetings or while otherwise
| 2 | | engaged in the business of the State Board may be paid a | 3 | | hardship allowance, as
determined by and subject to the | 4 | | approval of the Governor's Travel Control
Board. On and after | 5 | | the effective date of this amendatory Act of the 97th General | 6 | | Assembly, Board members shall receive compensation for duties | 7 | | related to all attended scheduled meetings of the full Board at | 8 | | a rate of $35,000 per year. However, a member's salary shall be | 9 | | proportionally reduced for each scheduled meeting of the full | 10 | | Board that he or she does not attend. Participation at public | 11 | | hearings, committee meetings, and meetings with staff, as well | 12 | | as time spent on reviewing applications, shall not be | 13 | | compensated separately. Salaries provided under this | 14 | | subsection shall not be paid out of the General Revenue Fund, | 15 | | but shall be paid out of the Illinois Health Facilities | 16 | | Planning Fund from fees collected for the processing of | 17 | | applications by the State Board, provided that there are | 18 | | sufficient funds available after paying all other | 19 | | administrative costs.
| 20 | | (f) The Governor shall designate one of the members to | 21 | | serve as the Chairman of the Board, who shall be a person with | 22 | | expertise in health care delivery system planning, finance or | 23 | | management of health care facilities that are regulated under | 24 | | the Act. The Chairman shall annually review Board member | 25 | | performance and shall report the attendance record of each | 26 | | Board member to the General Assembly. The Chairman shall |
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| 1 | | receive compensation in addition to that provided in subsection | 2 | | (e), at a rate of $30,000 per year, for duties specific to the | 3 | | chairmanship. The Chairman shall also receive compensation | 4 | | under subsection (e) for all attended scheduled meetings of the | 5 | | full Board. Compensation provided under this subsection shall | 6 | | not be paid out of the General Revenue Fund, but shall be paid | 7 | | out of the Illinois Health Facilities Planning Fund from fees | 8 | | collected for the processing of applications by the State | 9 | | Board, provided that there are sufficient funds available after | 10 | | paying all other administrative costs. | 11 | | (g) The State Board, through the Chairman, shall prepare a | 12 | | separate and distinct budget approved by the General Assembly | 13 | | and shall hire and supervise its own professional staff | 14 | | responsible for carrying out the responsibilities of the Board.
| 15 | | (h) The State Board shall meet at least every 45 days, or | 16 | | as often as
the Chairman of the State Board deems necessary, or | 17 | | upon the request of
a majority of the members.
| 18 | | (i)
Five members of the State Board shall constitute a | 19 | | quorum.
The affirmative vote of 5 of the members of the State | 20 | | Board shall be
necessary for
any action requiring a vote to be | 21 | | taken by the State
Board. A vacancy in the membership of the | 22 | | State Board shall not impair the
right of a quorum to exercise | 23 | | all the rights and perform all the duties of the
State Board as | 24 | | provided by this Act.
| 25 | | (j) A State Board member shall disqualify himself or | 26 | | herself from the
consideration of any application for a permit |
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| 1 | | or
exemption in which the State Board member or the State Board | 2 | | member's spouse,
parent, or child: (i) has
an economic interest | 3 | | in the matter; or (ii) is employed by, serves as a
consultant | 4 | | for, or is a member of the
governing board of the applicant or | 5 | | a party opposing the application.
| 6 | | (k) The Chairman, Board members, and Board staff must | 7 | | comply with the Illinois Governmental Ethics Act. | 8 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)".
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