Full Text of SB0447 101st General Assembly
SB0447eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by changing Section 2310-220 as follows:
| 7 | | (20 ILCS 2310/2310-220) (was 20 ILCS 2310/55.73)
| 8 | | Sec. 2310-220. Findings; rural obstetrical care. The | 9 | | General
Assembly finds
that substantial areas of rural Illinois | 10 | | lack adequate access to obstetrical
care. The primary cause of | 11 | | this problem is the absence of qualified
practitioners who are | 12 | | willing to offer obstetrical services. A significant
barrier to | 13 | | recruiting and retaining those practitioners is the high cost | 14 | | of
professional liability insurance for practitioners offering | 15 | | obstetrical care.
| 16 | | Therefore, the Department, from funds appropriated for | 17 | | that purpose, shall
award grants to physicians practicing | 18 | | obstetrics in rural designated shortage
areas, as defined in | 19 | | Section 3.04 of the Underserved Physician Workforce Family | 20 | | Practice Residency Act, for the
purpose of reimbursing those | 21 | | physicians for the costs of obtaining malpractice
insurance | 22 | | relating to obstetrical services. The Department shall | 23 | | establish
reasonable conditions, standards, and duties |
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| 1 | | relating to the application for
and receipt of the grants.
| 2 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 3 | | Section 10. The Family Practice Residency Act is amended by | 4 | | changing the title of the Act and Sections 1, 2, 3.03, 3.06, | 5 | | 3.07, 3.09, 4.01, 4.02, 4.07, 4.10, 4.11, 5, 6, and 9 and by | 6 | | adding Section 3.10 as follows:
| 7 | | (110 ILCS 935/Act title)
| 8 | | An Act to provide grants for primary care and other family | 9 | | practice residency programs , and
medical student scholarships , | 10 | | and loan repayment assistance through the Illinois Department | 11 | | of Public Health.
| 12 | | (110 ILCS 935/1) (from Ch. 144, par. 1451)
| 13 | | Sec. 1.
This Act shall be known and may be cited as the | 14 | | Underserved Physician Workforce Act "Family Practice
Residency | 15 | | Act" .
| 16 | | (Source: P.A. 80-478.)
| 17 | | (110 ILCS 935/2) (from Ch. 144, par. 1452)
| 18 | | Sec. 2.
The purpose of this Act is to establish programs in | 19 | | the
Illinois Department of Public Health to upgrade primary | 20 | | health care
services for all citizens of the State, to increase | 21 | | access, and to reduce health care disparities by providing | 22 | | grants to family
practice and preventive medicine residency |
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| 1 | | programs, scholarships to
medical students, and a loan | 2 | | repayment program for physicians and other eligible health | 3 | | primary care providers who
will agree to practice in areas of | 4 | | the State demonstrating the greatest
need for more professional | 5 | | medical care. The programs shall encourage
family practice | 6 | | physicians and other eligible health care primary care | 7 | | providers to locate in areas where health manpower
shortages | 8 | | exist and to increase the total number of family practice
| 9 | | physicians and other eligible health care primary care | 10 | | providers in the State.
| 11 | | (Source: P.A. 98-674, eff. 6-30-14.)
| 12 | | (110 ILCS 935/3.03) (from Ch. 144, par. 1453.03)
| 13 | | Sec. 3.03.
"Committee" means the Advisory Committee for | 14 | | Family
Practice Residency Programs created by this Act.
| 15 | | (Source: P.A. 80-478.)
| 16 | | (110 ILCS 935/3.06) (from Ch. 144, par. 1453.06)
| 17 | | Sec. 3.06.
" Residency Family practice residency program" | 18 | | means a program
accredited by the Accreditation Council for | 19 | | Graduate Medical Education ,
or the Committee on Postdoctoral | 20 | | Training of the American Osteopathic
Association.
| 21 | | (Source: P.A. 84-1341.)
| 22 | | (110 ILCS 935/3.07) (from Ch. 144, par. 1453.07)
| 23 | | Sec. 3.07.
"Eligible medical student" means a person who |
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| 1 | | meets all of
the following qualifications:
| 2 | | (a) he or she is an Illinois resident at the time of | 3 | | application for
a scholarship under the program | 4 | | established by this Act;
| 5 | | (b) he or she is studying medicine in a medical school | 6 | | located in
Illinois;
| 7 | | (c) he or she exhibits financial need as determined by | 8 | | the
Department; and
| 9 | | (d) he or she agrees to practice full-time in a | 10 | | Designated
Shortage Area as a primary care physician , | 11 | | general surgeon, emergency medicine physician, or | 12 | | obstetrician one year for each year he or she
is a | 13 | | scholarship recipient.
| 14 | | (Source: P.A. 84-1341.)
| 15 | | (110 ILCS 935/3.09) | 16 | | Sec. 3.09. Eligible health care provider primary care | 17 | | providers . "Eligible health care provider primary care | 18 | | providers " means a primary care physician, general surgeon, | 19 | | emergency medicine physician, or obstetrician health care | 20 | | providers within specialties determined to be eligible by the | 21 | | U.S. Health Resources and Services Administration for the | 22 | | National Health Service Corps Loan Repayment Program .
| 23 | | (Source: P.A. 98-674, eff. 6-30-14.) | 24 | | (110 ILCS 935/3.10 new) |
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| 1 | | Sec. 3.10. Primary care physician. "Primary care | 2 | | physician" means a general internist, family physician, or | 3 | | general pediatrician.
| 4 | | (110 ILCS 935/4.01) (from Ch. 144, par. 1454.01)
| 5 | | Sec. 4.01.
To allocate funds to family practice residency | 6 | | programs
according to the following priorities:
| 7 | | (a) to increase the number of eligible health care | 8 | | providers family practice physicians in
Designated | 9 | | Shortage Areas;
| 10 | | (b) (blank); to increase the percentage of | 11 | | obstetricians establishing practice
within the State upon | 12 | | completion of residency;
| 13 | | (c) to increase the number of accredited , eligible | 14 | | health care provider family practice residencies
within | 15 | | the State;
| 16 | | (d) to increase the percentage of eligible health care | 17 | | providers family practice physicians
establishing practice | 18 | | within the State upon completion of residency; and
| 19 | | (e) to provide funds for rental of office space, | 20 | | purchase of equipment ,
and other uses necessary to enable | 21 | | eligible health care providers family practitioners to | 22 | | locate their
practices in communities located in | 23 | | designated shortage areas.
| 24 | | (Source: P.A. 86-1384.)
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| 1 | | (110 ILCS 935/4.02) (from Ch. 144, par. 1454.02)
| 2 | | Sec. 4.02.
To determine the procedures for the distribution | 3 | | of the
funds to family practice residency programs, including | 4 | | the establishment
of eligibility criteria in accordance with | 5 | | the following guidelines:
| 6 | | (a) preference for programs which are to be established | 7 | | at locations
which exhibit potential for extending | 8 | | eligible health care provider family practice physician
| 9 | | availability to Designated Shortage Areas;
| 10 | | (b) preference for programs which are located away from | 11 | | communities
in which medical schools are located; and
| 12 | | (c) preference for programs located in hospitals | 13 | | having affiliation
agreements with medical schools located | 14 | | within the State.
| 15 | | In distributing such funds, the Department may also | 16 | | consider as secondary
criteria whether a family practice | 17 | | residency program has:
| 18 | | (1) Adequate courses of instruction in the behavioral | 19 | | sciences;
| 20 | | (2) Availability and systematic utilization of | 21 | | opportunities for residents
to gain experience through | 22 | | local health departments or other preventive
or | 23 | | occupational medical facilities;
| 24 | | (3) A continuing program of community-oriented | 25 | | research in such areas
as risk factors in community | 26 | | populations, immunization levels, environmental
hazards, |
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| 1 | | or occupational hazards;
| 2 | | (4) Sufficient mechanisms for maintenance of quality | 3 | | training, such as
peer review, systematic progress | 4 | | reviews, referral system, and maintenance
of adequate | 5 | | records; and
| 6 | | (5) An appropriate course of instruction in societal, | 7 | | institutional , and
economic conditions affecting a rural | 8 | | health care family practice.
| 9 | | (Source: P.A. 81-321.)
| 10 | | (110 ILCS 935/4.07) (from Ch. 144, par. 1454.07)
| 11 | | Sec. 4.07.
To coordinate the family residency grants | 12 | | program
established under this Act with the program | 13 | | administered by the Illinois
Board of Higher Education under | 14 | | the " Health Services Education Grants
Act " .
| 15 | | (Source: P.A. 80-478.)
| 16 | | (110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)
| 17 | | Sec. 4.10.
To establish programs, and the criteria for such | 18 | | programs,
for the repayment of the educational loans of primary | 19 | | care physicians and other eligible health primary care | 20 | | providers who
agree to serve in Designated Shortage Areas for a | 21 | | specified period of time,
no less than 2 years. Payments under | 22 | | this program may be made for the
principal, interest , and | 23 | | related expenses of government and
commercial loans received by | 24 | | the individual for tuition expenses, and all other
reasonable |
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| 1 | | educational expenses incurred by the individual. Payments made | 2 | | under this
provision shall be exempt from Illinois State Income | 3 | | Tax. The Department may use tobacco settlement recovery funding | 4 | | or other available funding to implement this Section.
| 5 | | (Source: P.A. 98-674, eff. 6-30-14.)
| 6 | | (110 ILCS 935/4.11) (from Ch. 144, par. 1454.11)
| 7 | | Sec. 4.11.
To require family practice residency programs | 8 | | seeking
grants under this Act to make application according to | 9 | | procedures
consistent with the priorities and guidelines | 10 | | established in Sections
4.01 and 4.02 of this Act.
| 11 | | (Source: P.A. 80-478.)
| 12 | | (110 ILCS 935/5) (from Ch. 144, par. 1455)
| 13 | | Sec. 5.
The Advisory Committee for Family Practice | 14 | | Residency Programs
is created and shall consult with the | 15 | | Director in the administration of
this Act. The Committee shall | 16 | | consist of 9 members
appointed by the Director, 4 of whom shall | 17 | | be eligible health care providers family practice
physicians , | 18 | | one of whom shall be the dean or associate or deputy dean of a
| 19 | | medical school in this
State, and 4 of whom shall be | 20 | | representatives of the general public.
Terms of membership | 21 | | shall be 4 years. Initial appointments by the
Director shall be | 22 | | staggered, with 4 appointments terminating January 31,
1979 and | 23 | | 4 terminating January 31, 1981. Each member shall continue to
| 24 | | serve after the expiration of his term until his successor has |
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| 1 | | been
appointed. No person shall serve more than 2 terms. | 2 | | Vacancies shall be
filled by appointment for the unexpired term | 3 | | of any member in the same
manner as the vacant position had | 4 | | been filled. The Committee shall
select from its members a | 5 | | chairman from among the eligible health care provider family | 6 | | practice
physician members, and such other officers as may be | 7 | | required. The
Committee shall meet as frequently as the | 8 | | Director deems necessary, but
not less than once each year. The | 9 | | Committee members shall receive no
compensation but shall be | 10 | | reimbursed for actual expenses incurred in
carrying out their | 11 | | duties.
| 12 | | (Source: P.A. 92-635, eff. 7-11-02.)
| 13 | | (110 ILCS 935/6) (from Ch. 144, par. 1456)
| 14 | | Sec. 6.
Residency Family practice residency programs | 15 | | seeking funds under this
Act shall make application to the | 16 | | Department. The application shall
include evidence of local | 17 | | support for the program, either in the form of
funds, services , | 18 | | or other resources. The ratio of State support to local
support | 19 | | shall be determined by the Department in a manner that is
| 20 | | consistent with the purpose of this Act as stated in Section 2 | 21 | | of this
Act. In establishing such ratio of State to local | 22 | | support , the Department
may vary the amount of the required | 23 | | local support depending upon the
criticality of the need for | 24 | | more professional health care services and , the
geographic | 25 | | location and the economic base of the Designated Shortage
Area.
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| 1 | | (Source: P.A. 80-478.)
| 2 | | (110 ILCS 935/9) (from Ch. 144, par. 1459)
| 3 | | Sec. 9.
The Department shall annually report to the General | 4 | | Assembly
and the Governor the results and progress of the | 5 | | programs established by
this Act on or before March 15th.
| 6 | | The annual report to the General Assembly and the Governor | 7 | | shall include
the impact of programs established under this Act | 8 | | on the ability of
designated shortage areas to attract and | 9 | | retain eligible physicians and other health
care providers | 10 | | personnel . The report shall include recommendations to improve | 11 | | that
ability.
| 12 | | The requirement for reporting to the General Assembly shall | 13 | | be satisfied
by filing copies of the report as required by | 14 | | Section 3.1 of the General Assembly Organization Act,
and | 15 | | filing such additional copies with the State Government Report
| 16 | | Distribution Center for the General Assembly as is required | 17 | | under paragraph
(t) of Section 7 of the State Library Act.
| 18 | | (Source: P.A. 100-1148, eff. 12-10-18.)
| 19 | | (110 ILCS 935/7 rep.) | 20 | | Section 15. The Family Practice Residency Act is amended by | 21 | | repealing Section 7. | 22 | | Section 20. The Nurses in Advancement Law is amended by | 23 | | changing Section 1-20 as follows:
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| 1 | | (110 ILCS 970/1-20) (from Ch. 144, par. 2781-20)
| 2 | | Sec. 1-20. Scholarship requirements. It shall be lawful for | 3 | | any
organization to condition any loan or grant upon the | 4 | | recipient's executing
an agreement to commit not more than 5 | 5 | | years of his or her professional
career to the goals | 6 | | specifically outlined within the agreement including a
| 7 | | requirement that recipient practice nursing or medicine in | 8 | | specifically
designated practice and geographic areas.
| 9 | | Any agreement executed by an organization and any recipient | 10 | | of loan or grant
assistance shall contain a provision for | 11 | | liquidated damages to be paid for
any breach of any provision | 12 | | of the agreement, or any commitment
contained therein, together | 13 | | with attorney's fees and costs for the enforcement
thereof. Any | 14 | | such covenant shall be valid and enforceable in the courts of
| 15 | | this State as liquidated damages and shall not be considered a | 16 | | penalty,
provided that the provision for liquidated damages | 17 | | does not exceed $2,500 for
each year remaining for the | 18 | | performance of the agreement.
| 19 | | This Section shall not be construed as pertaining to or | 20 | | limiting any
liquidated damages resulting from scholarships | 21 | | awarded under the Underserved Physician Workforce Family
| 22 | | Practice Residency Act.
| 23 | | (Source: P.A. 92-651, eff. 7-11-02.)
| 24 | | Section 25. The Private Medical Scholarship Agreement Act |
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| 1 | | is amended by changing Section 3 as follows:
| 2 | | (110 ILCS 980/3) (from Ch. 144, par. 2703)
| 3 | | Sec. 3.
Any such agreement executed by such an organization | 4 | | and any
recipient of loan, grant assistance or recommendation | 5 | | may contain a provision for
liquidated damages to be paid for | 6 | | any breach of any provision of the
agreement, or any commitment | 7 | | contained therein, together with attorney's fees and costs
for | 8 | | the enforcement thereof. Any such covenant shall be valid and
| 9 | | enforceable in the courts of this State as liquidated damages | 10 | | and shall not
be considered a penalty, provided that such | 11 | | provision for liquidated damages does not
exceed $2,500 for | 12 | | each year
remaining for the performance of such agreement.
| 13 | | This Section shall not be construed as pertaining to or | 14 | | limiting any
liquidated damages resulting from scholarships | 15 | | awarded under the Underserved Physician Workforce "Family
| 16 | | Practice Residency Act ", as amended .
| 17 | | (Source: P.A. 86-999.)
| 18 | | Section 30. The Illinois Public Aid Code is amended by | 19 | | changing Section 12-4.24a as follows:
| 20 | | (305 ILCS 5/12-4.24a) (from Ch. 23, par. 12-4.24a)
| 21 | | Sec. 12-4.24a.
Report and recommendations concerning | 22 | | designated
shortage area. The Illinois Department shall | 23 | | analyze payments made to
providers of medical services under |
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| 1 | | Article V of
this Code to
determine whether any special | 2 | | compensatory standard should be applied to
payments to such | 3 | | providers in designated shortage areas as defined in
Section | 4 | | 3.04 of the Underserved Physician Workforce Family Practice | 5 | | Residency Act , as now or hereafter
amended . The Illinois | 6 | | Department shall, not later than June 30, 1990,
report to the | 7 | | Governor and the General Assembly concerning the results of
its | 8 | | analysis, and may provide by rule for adjustments in its | 9 | | payment rates
to medical service providers in such areas.
| 10 | | (Source: P.A. 92-111, eff. 1-1-02.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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