Full Text of SB3230 100th General Assembly
SB3230 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3230 Introduced 2/15/2018, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3960/4 | from Ch. 111 1/2, par. 1154 |
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Amends the Illinois Health Facilities Planning Act. Provides that a majority of the filled appointments, but no less than 4 appointed members, to the Health Facilities and Services Review Board (currently, 5 members) shall constitute a quorum. Provides that the affirmative vote of the majority of the filled appointments, but no less than 4 appointed members, (currently, 5 members) shall be necessary for any action requiring a vote to be taken by the State Board. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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| 7 | | (Section scheduled to be repealed on December 31, 2019)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 | 17 | | the Board as necessary, including the provision of office | 18 | | space, supplies, and clerical, financial, and accounting | 19 | | services. The Board may contract for functions or operational | 20 | | support as needed. The Board may also contract with experts | 21 | | related to specific health services or facilities and create | 22 | | technical advisory panels to assist in the development of | 23 | | criteria, standards, and procedures used in the evaluation of |
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| 1 | | applications for permit and exemption.
| 2 | | (b) Beginning March 1, 2010, the State Board shall consist | 3 | | of 9 voting members. All members shall be residents of Illinois | 4 | | and at least 4 shall reside outside the Chicago Metropolitan | 5 | | Statistical Area. Consideration shall be given to potential | 6 | | appointees who reflect the ethnic and cultural diversity of the | 7 | | State. Neither Board members nor Board staff shall be convicted | 8 | | felons or have pled guilty to a felony. | 9 | | Each member shall have a reasonable knowledge of the | 10 | | practice, procedures and principles of the health care delivery | 11 | | system in Illinois, including at least 5 members who shall be | 12 | | knowledgeable about health care delivery systems, health | 13 | | systems planning, finance, or the management of health care | 14 | | facilities currently regulated under the Act. One member shall | 15 | | be a representative of a non-profit health care consumer | 16 | | advocacy organization. A spouse, parent, sibling, or child of a | 17 | | Board member cannot be an employee, agent, or under contract | 18 | | with services or facilities subject to the Act. Prior to | 19 | | appointment and in the course of service on the Board, members | 20 | | of the Board shall disclose the employment or other financial | 21 | | interest of any other relative of the member, if known, in | 22 | | service or facilities subject to the Act. Members of the Board | 23 | | shall declare any conflict of interest that may exist with | 24 | | respect to the status of those relatives and recuse themselves | 25 | | from voting on any issue for which a conflict of interest is | 26 | | declared. No person shall be appointed or continue to serve as |
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| 1 | | a member of the State Board who is, or whose spouse, parent, | 2 | | sibling, or child is, a member of the Board of Directors of, | 3 | | has a financial interest in, or has a business relationship | 4 | | with a health care facility. | 5 | | Notwithstanding any provision of this Section to the | 6 | | contrary, the term of
office of each member of the State Board | 7 | | serving on the day before the effective date of this amendatory | 8 | | Act of the 96th General Assembly is abolished on the date upon | 9 | | which members of the 9-member Board, as established by this | 10 | | amendatory Act of the 96th General Assembly, have been | 11 | | appointed and can begin to take action as a Board. Members of | 12 | | the State Board serving on the day before the effective date of | 13 | | this amendatory Act of the 96th General Assembly may be | 14 | | reappointed to the 9-member Board. Prior to March 1, 2010, the | 15 | | Health Facilities Planning Board shall establish a plan to | 16 | | transition its powers and duties to the Health Facilities and | 17 | | Services Review Board.
| 18 | | (c) The State Board shall be appointed by the Governor, | 19 | | with the advice
and consent of the Senate. Not more than 5 of | 20 | | the
appointments shall be of the same political party at the | 21 | | time of the appointment.
| 22 | | The Secretary of Human Services, the Director of Healthcare | 23 | | and Family Services, and
the Director of Public Health, or | 24 | | their designated representatives,
shall serve as ex-officio, | 25 | | non-voting members of the State Board.
| 26 | | (d) Of those 9 members initially appointed by the Governor |
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| 1 | | following the effective date of this
amendatory Act of the 96th | 2 | | General Assembly, 3 shall serve for terms expiring
July 1, | 3 | | 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | 4 | | shall serve
for terms expiring July 1, 2013. Thereafter, each
| 5 | | appointed member shall
hold office for a term of 3 years, | 6 | | provided that any member
appointed to fill a vacancy
occurring | 7 | | prior to the expiration of the
term for which his or her | 8 | | predecessor was appointed shall be appointed for the
remainder | 9 | | of such term and the term of office of each successor shall
| 10 | | commence on July 1 of the year in which his predecessor's term | 11 | | expires. Each
member appointed after the effective date of this | 12 | | amendatory Act of the 96th General Assembly shall hold office | 13 | | until his or her successor is appointed and qualified. The | 14 | | Governor may reappoint a member for additional terms, but no | 15 | | member shall serve more than 3 terms, subject to review and | 16 | | re-approval every 3 years.
| 17 | | (e) State Board members, while serving on business of the | 18 | | State Board,
shall receive actual and necessary travel and | 19 | | subsistence expenses while
so serving away from their places
of | 20 | | residence. Until March 1, 2010, a
member of the State Board who | 21 | | experiences a significant financial hardship
due to the loss of | 22 | | income on days of attendance at meetings or while otherwise
| 23 | | engaged in the business of the State Board may be paid a | 24 | | hardship allowance, as
determined by and subject to the | 25 | | approval of the Governor's Travel Control
Board.
| 26 | | (f) The Governor shall designate one of the members to |
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| 1 | | serve as the Chairman of the Board, who shall be a person with | 2 | | expertise in health care delivery system planning, finance or | 3 | | management of health care facilities that are regulated under | 4 | | the Act. The Chairman shall annually review Board member | 5 | | performance and shall report the attendance record of each | 6 | | Board member to the General Assembly. | 7 | | (g) The State Board, through the Chairman, shall prepare a | 8 | | separate and distinct budget approved by the General Assembly | 9 | | and shall hire and supervise its own professional staff | 10 | | responsible for carrying out the responsibilities of the Board.
| 11 | | (h) The State Board shall meet at least every 45 days, or | 12 | | as often as
the Chairman of the State Board deems necessary, or | 13 | | upon the request of
a majority of the members.
| 14 | | (i) A majority of the filled appointments to
Five members | 15 | | of the State Board , but no less than 4 appointed members, shall | 16 | | constitute a quorum.
The affirmative vote of the majority of | 17 | | the filled appointments, but no less than 4 appointed members, | 18 | | 5 of the members of the State Board shall be
necessary for
any | 19 | | action requiring a vote to be taken by the State
Board. A | 20 | | vacancy in the membership of the State Board shall not impair | 21 | | the
right of a quorum to exercise all the rights and perform | 22 | | all the duties of the
State Board as provided by this Act.
| 23 | | (j) A State Board member shall disqualify himself or | 24 | | herself from the
consideration of any application for a permit | 25 | | or
exemption in which the State Board member or the State Board | 26 | | member's spouse,
parent, sibling, or child: (i) has
an economic |
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| 1 | | interest in the matter; or (ii) is employed by, serves as a
| 2 | | consultant for, or is a member of the
governing board of the | 3 | | applicant or a party opposing the application.
| 4 | | (k) The Chairman, Board members, and Board staff must | 5 | | comply with the Illinois Governmental Ethics Act. | 6 | | (Source: P.A. 99-527, eff. 1-1-17 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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