Full Text of HB5537 103rd General Assembly
HB5537eng 103RD GENERAL ASSEMBLY | | | HB5537 Engrossed | | LRB103 37655 AWJ 67782 b |
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| 1 | | AN ACT concerning health. | 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Act is | 5 | | amended by changing Section 5.4 as follows: | 6 | | (20 ILCS 3960/5.4) | 7 | | (Section scheduled to be repealed on December 31, 2029) | 8 | | Sec. 5.4. Safety Net Impact Statement. | 9 | | (a) General review criteria shall include a requirement | 10 | | that all health care facilities, including nursing homes | 11 | | operated by a county, but otherwise with the exception of | 12 | | skilled and intermediate long-term care facilities licensed | 13 | | under the Nursing Home Care Act, provide a Safety Net Impact | 14 | | Statement, which shall be filed with an application for a | 15 | | substantive project or when the application proposes to | 16 | | discontinue a category of service. A Safety Net Impact | 17 | | Statement shall also be filed with an application to change | 18 | | ownership of a nursing home operated by a county. | 19 | | (b) For the purposes of this Section, "safety net | 20 | | services" are services provided by health care providers or | 21 | | organizations that deliver health care services to persons | 22 | | with barriers to mainstream health care due to lack of | 23 | | insurance, inability to pay, special needs, ethnic or cultural |
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| 1 | | characteristics, or geographic isolation. Safety net service | 2 | | providers include, but are not limited to, hospitals and | 3 | | private practice physicians that provide charity care, | 4 | | school-based health centers, migrant health clinics, rural | 5 | | health clinics, federally qualified health centers, community | 6 | | health centers, public health departments, and community | 7 | | mental health centers , and nursing homes operated by a county . | 8 | | (c) As developed by the applicant, a Safety Net Impact | 9 | | Statement shall describe all of the following: | 10 | | (1) The project's material impact, if any, on | 11 | | essential safety net services in the community, including | 12 | | the impact on racial and health care disparities in the | 13 | | community, to the extent that it is feasible for an | 14 | | applicant to have such knowledge. | 15 | | (2) The project's impact on the ability of another | 16 | | provider or health care system to cross-subsidize safety | 17 | | net services, if reasonably known to the applicant. | 18 | | (3) How the discontinuation of a facility or service | 19 | | might impact the remaining safety net providers in a given | 20 | | community, if reasonably known by the applicant. | 21 | | (d) Safety Net Impact Statements shall also include all of | 22 | | the following: | 23 | | (1) For the 3 fiscal years prior to the application, a | 24 | | certification describing the amount of charity care | 25 | | provided by the applicant. The amount calculated by | 26 | | hospital applicants shall be in accordance with the |
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| 1 | | reporting requirements for charity care reporting in the | 2 | | Illinois Community Benefits Act. Non-hospital applicants | 3 | | shall report charity care, at cost, in accordance with an | 4 | | appropriate methodology specified by the Board. | 5 | | (2) For the 3 fiscal years prior to the application, a | 6 | | certification of the amount of care provided to Medicaid | 7 | | patients. Hospital and non-hospital applicants shall | 8 | | provide Medicaid information in a manner consistent with | 9 | | the information reported each year to the State Board | 10 | | regarding "Inpatients and Outpatients Served by Payor | 11 | | Source" and "Inpatient and Outpatient Net Revenue by Payor | 12 | | Source" as required by the Board under Section 13 of this | 13 | | Act and published in the Annual Hospital Profile. Nursing | 14 | | homes operated by a county shall also provide the number | 15 | | of the facility's Medicaid and Medicare certified beds for | 16 | | the 3 fiscal years prior to the application. | 17 | | (3) Any information the applicant believes is directly | 18 | | relevant to safety net services, including information | 19 | | regarding teaching, research, and any other service. | 20 | | (e) The Board staff shall publish a notice, that an | 21 | | application accompanied by a Safety Net Impact Statement has | 22 | | been filed, in a newspaper having general circulation within | 23 | | the area affected by the application. If no newspaper has a | 24 | | general circulation within the county, the Board shall post | 25 | | the notice in 5 conspicuous places within the proposed area. | 26 | | (f) Any person, community organization, provider, or |
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| 1 | | health system or other entity wishing to comment upon or | 2 | | oppose the application may file a Safety Net Impact Statement | 3 | | Response with the Board, which shall provide additional | 4 | | information concerning a project's impact on safety net | 5 | | services in the community. | 6 | | (g) Applicants shall be provided an opportunity to submit | 7 | | a reply to any Safety Net Impact Statement Response. | 8 | | (h) The State Board Staff Report shall include a statement | 9 | | as to whether a Safety Net Impact Statement was filed by the | 10 | | applicant and whether it included information on charity care, | 11 | | the amount of care provided to Medicaid patients, and | 12 | | information on teaching, research, or any other service | 13 | | provided by the applicant directly relevant to safety net | 14 | | services. The report shall also indicate the names of the | 15 | | parties submitting responses and the number of responses and | 16 | | replies, if any, that were filed. | 17 | | The State Board Staff Report shall also include a | 18 | | statement of findings about an application's safety net impact | 19 | | when the application: | 20 | | (1) proposes a substantive project at a nursing home | 21 | | operated by a county; | 22 | | (2) includes a change of ownership of a nursing home | 23 | | currently operated by a county; or | 24 | | (3) proposes to discontinue services at a nursing home | 25 | | operated by a county. | 26 | | The findings shall be considered when determining whether |
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| 1 | | an application fulfills the public interest requirements of | 2 | | this Act. | 3 | | (Source: P.A. 102-4, eff. 4-27-21.) | 4 | | Section 10. The Counties Code is amended by changing | 5 | | Section 5-21001 as follows: | 6 | | (55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001) | 7 | | Sec. 5-21001. Establishment and maintenance of county | 8 | | home. In any county which establishes and maintains a county | 9 | | sheltered care home or a county nursing home for the care of | 10 | | infirm or chronically ill persons, as provided in Section | 11 | | 5-1005, the County Board shall have power: | 12 | | 1. To acquire in the name of the county by purchase, grant, | 13 | | gift, or legacy, a suitable tract or tracts of land upon which | 14 | | to erect and maintain the home, and in connection therewith a | 15 | | farm or acreage for the purpose of providing supplies for the | 16 | | home and employment for such patients as are able to work and | 17 | | benefit thereby. | 18 | | The board shall expend not more than $20,000 for the | 19 | | purchase of any such land or the erection of buildings without | 20 | | a 2/3 vote of all its members in counties of 300,000 or more | 21 | | population, or a favorable vote of at least a majority of all | 22 | | its members in counties under 300,000 population. | 23 | | 2. To receive in the name of the county, gifts and legacies | 24 | | to aid in the erection or maintenance of the home. |
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| 1 | | 3. To appoint a superintendent and all necessary employees | 2 | | for the management and control of the home and to prescribe | 3 | | their compensation and duties. | 4 | | 4. To arrange for physicians' or other health care | 5 | | professionals' services and other medical care for the | 6 | | patients in the home and prescribe the compensation and duties | 7 | | of physicians so designated. | 8 | | 5. To control the admission and discharge of patients in | 9 | | the home. | 10 | | 6. To fix the rate per day, week, or month which it will | 11 | | charge for care and maintenance of the patients. Rates so | 12 | | established may vary according to the amount of care required, | 13 | | but the rates shall be uniform for all persons or agencies | 14 | | purchasing care in the home except rates for persons who are | 15 | | able to purchase their own care may approximate actual cost. | 16 | | 7. To make all rules and regulations for the management of | 17 | | the home and of the patients therein. | 18 | | 8. To make appropriations from the county treasury for the | 19 | | purchase of land and the erection of buildings for the home, | 20 | | and to defray the expenses necessary for the care and | 21 | | maintenance of the home and for providing maintenance, | 22 | | personal care and nursing services to the patients therein, | 23 | | and to cause an amount sufficient for those purposes to be | 24 | | levied upon the taxable property of the counties and collected | 25 | | as other taxes and further providing that in counties with a | 26 | | population of not more than 1,000,000 to levy and collect |
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| 1 | | annually a tax of not to exceed .1% of the value, as equalized | 2 | | or assessed by the Department of Revenue, of all the taxable | 3 | | property in the county for these purposes. The tax shall be in | 4 | | addition to all other taxes which the county is authorized to | 5 | | levy on the aggregate valuation of the property within the | 6 | | county and shall not be included in any limitation of the tax | 7 | | rate upon which taxes are required to be extended, but shall be | 8 | | excluded therefrom and in addition thereto. The tax shall be | 9 | | levied and collected in like manner as the general taxes of the | 10 | | county, and when collected, shall be paid into a special fund | 11 | | in the county treasury and used only as herein authorized. No | 12 | | such tax shall be levied or increased from a rate lower than | 13 | | the maximum rate in any such county until the question of | 14 | | levying such tax has first been submitted to the voters of such | 15 | | county at an election held in such county, and has been | 16 | | approved by a majority of such voters voting thereon. The | 17 | | corporate authorities shall certify the question of levying | 18 | | such tax to the proper election officials, who shall submit | 19 | | the question to the voters at an election held in accordance | 20 | | with the general election law. | 21 | | The proposition shall be in substantially the following | 22 | | form: | 23 | | --------------------------------------------------------
| 24 | | Shall ........ County be authorized
| 25 | | to levy and collect a tax at a rate not YES
| 26 | | to exceed .1% for the purpose of -------------------
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| 1 | | ........ (purchasing, maintaining) a NO
| 2 | | county nursing home?
| 3 | | ------------------------------------------------------------- | 4 | | If a majority of votes cast on the question are in favor, | 5 | | the county shall be authorized to levy the tax. | 6 | | If the county has levied such tax at a rate lower than the | 7 | | maximum rate set forth in this Section, the county board may | 8 | | increase the rate of the tax, but not to exceed such maximum | 9 | | rate, by certifying the proposition of such increase to the | 10 | | proper election officials for submission to the voters of the | 11 | | county at a regular election in accordance with the general | 12 | | election law. The proposition shall be in substantially the | 13 | | following form: | 14 | | ----------------------------------------------
| 15 | | Shall the maximum rate
| 16 | | of the tax levied by........ YES
| 17 | | County for the purpose of.......
| 18 | | (purchasing, maintaining) a ----------------------------
| 19 | | county nursing home be
| 20 | | increased from........ to NO
| 21 | | ........ (not to exceed .1%)
| 22 | | ------------------------------------------------------------- | 23 | | If a majority of all the votes cast upon the proposition | 24 | | are in favor thereof, the county board may levy the tax at a | 25 | | rate not to exceed the rate set forth in this Section. | 26 | | 9. To Upon the vote of a 2/3 majority of all the members of |
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| 1 | | the board, to sell, dispose of or lease for any term, any part | 2 | | of the home properties in such manner and upon such terms as it | 3 | | deems best for the interest of the county, and to make and | 4 | | execute all necessary conveyances thereof in the same manner | 5 | | as other conveyances of real estate may be made by a county . | 6 | | However, if the home was erected after referendum approval by | 7 | | the voters of the county, it shall not be sold or disposed of | 8 | | except after referendum approval thereof by a majority of the | 9 | | voters of the county voting thereon. | 10 | | A referendum to sell the home shall be in substantially | 11 | | the following form: | 12 | | -------------------------------------------------------------
| 13 | | Shall........County sell (county
| 14 | | home) to (entity name), an (entity
| 15 | | type) located at (principal address),
| 16 | | which was incorporated on (incorporation date),
| 17 | | and whose managers and members are ....
| 18 | | .... for (sale price)?
| 19 | | -------------------------------------- | 20 | | Votes shall be recorded as "Yes" or "No". | 21 | | A referendum to close the home shall be in substantially | 22 | | the following form: | 23 | | -------------------------------------------------------------
| 24 | | Shall........County close
| 25 | | (county home), the county nursing home
| 26 | | located at (address)?
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| 1 | | --------------------------------------- | 2 | | Votes shall be recorded as "Yes" or "No". | 3 | | The proposition to lease the home shall be in | 4 | | substantially the following form: | 5 | | -------------------------------------------------------------
| 6 | | Shall........County lease (county
| 7 | | home) to (entity name), an (entity
| 8 | | type) located at (principal address),
| 9 | | which was incorporated on (incorporation date),
| 10 | | and whose managers and members are ...
| 11 | | .... for (lease amount) for a term of
| 12 | | not more than (years)?
| 13 | | -------------------------------------- | 14 | | Votes shall be recorded as "Yes" or "No". | 15 | | If the home was erected after referendum approval by the | 16 | | voters of the county, the county nursing home may be leased | 17 | | upon the vote of a 3/5 majority of all the members of the | 18 | | board. | 19 | | 10. To operate a sheltered care home as a part of a county | 20 | | nursing home provided that a license to do so is obtained | 21 | | pursuant to the Nursing Home Care Act, as amended. | 22 | | (Source: P.A. 99-581, eff. 1-1-17 .) |
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