Full Text of HB2509 94th General Assembly
HB2509enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning hospitals.
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| 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 | 5 |
| Hospital Basic Services Preservation Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Basic services" means emergency room and obstetrical | 8 |
| services provided within a hospital. "Basic services" is | 9 |
| limited to the emergency and obstetric units and services | 10 |
| provided by those units. | 11 |
| "Eligible expenses" means expenses for expanding | 12 |
| obstetrical or emergency units, updating equipment, repairing | 13 |
| essential equipment, and purchasing new equipment that will | 14 |
| increase the quality of basic services provided. "Eligible | 15 |
| expenses" does not include expenses related to cosmetic | 16 |
| upgrades, staff expansion or salary, or structural expansion of | 17 |
| any unit or department of a hospital. | 18 |
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"Essential community hospital provider" means a facility | 19 |
| meeting criteria established by rule by the State Treasurer.
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| Section 7. Hospital Basic Services Review Board. | 21 |
| (a) The Hospital Basic Services Review Board is created for | 22 |
| the purpose of reviewing and recommending to the State | 23 |
| Treasurer essential community hospitals seeking | 24 |
| collateralization of basic service loans for eligible expenses | 25 |
| related to completing, attaining, or upgrading basic services. | 26 |
| (b) The Board shall consist of 5 members as follows: one | 27 |
| member appointed by the Governor; one member appointed by the | 28 |
| Speaker of the House of Representatives; one member appointed | 29 |
| by the President of the Senate; one member appointed by the | 30 |
| Minority Leader of the House of Representatives; and one member | 31 |
| appointed by the Minority Leader of the Senate. The members of |
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| the Board shall serve at the pleasure of their appointing | 2 |
| authorities. Vacancies shall be filled in the same manner as | 3 |
| the original appointment. | 4 |
| (c) The Department of Public Health shall provide staff | 5 |
| assistance to the Board as is reasonably required in order for | 6 |
| the Board to carry out its responsibilities. | 7 |
| Section 10. Hospital Basic Services Preservation Fund.
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| There is created in the State treasury the Hospital Basic | 9 |
| Services Preservation Fund. The Fund shall be administered by | 10 |
| the State Treasurer to collateralize loans from financial | 11 |
| institutions for capital projects necessary to maintain | 12 |
| certain basic services required for the efficient and effective | 13 |
| operation of essential community hospital providers who | 14 |
| otherwise may not be able to meet financial institution credit | 15 |
| standards for issuance of a standard commercial loan. The Fund | 16 |
| shall consist of all public and private moneys donated or | 17 |
| transferred to the Fund for the purpose of enabling essential | 18 |
| community hospitals to continue to provide basic quality health | 19 |
| care services that are subject to and meet standards of need | 20 |
| under the Health Facilities Planning Act. All public funds | 21 |
| deposited into the Fund shall be subject to appropriation by | 22 |
| the General Assembly. | 23 |
| Section 15. Basic services loans. | 24 |
| (a) Essential community hospitals seeking | 25 |
| collateralization of loans under this Act must apply to the | 26 |
| Illinois Health Facilities Planning Board on a form prescribed | 27 |
| by the Illinois Health Facilities Planning Board by rule. The | 28 |
| Illinois Health Facilities Planning Board shall review the | 29 |
| application and, if it approves the applicant's plan, shall | 30 |
| forward the application and its approval to the Hospital Basic | 31 |
| Services Review Board. | 32 |
| (b) Upon receipt of the applicant's application and | 33 |
| approval from the Illinois Health Facilities Planning Board, | 34 |
| the Hospital Basic Services Review Board shall request from the |
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| applicant and the applicant shall submit to the Hospital Basic | 2 |
| Services Review Board all of the following information: | 3 |
| (1) A copy of the hospital's last audited financial | 4 |
| statement. | 5 |
| (2) The percentage of the hospital's patients each year | 6 |
| who are Medicaid patients. | 7 |
| (3) The percentage of the hospital's patients each year | 8 |
| who are Medicare patients. | 9 |
| (4) The percentage of the hospital's patients each year | 10 |
| who are uninsured. | 11 |
| (5) The percentage of services provided by the hospital | 12 |
| each year for which the hospital expected payment but for | 13 |
| which no payment was received. | 14 |
| (6) Any other information required by the Hospital | 15 |
| Basic Services Review Board by rule. | 16 |
| The Hospital Basic Services Review Board shall review the | 17 |
| applicant's original application, the approval of the Illinois | 18 |
| Health Facilities Planning Board, and the information provided | 19 |
| by the applicant to the Hospital Basic Services Review Board | 20 |
| under this Section and make a recommendation to the State | 21 |
| Treasurer to accept or deny the application. | 22 |
| (c) If the Hospital Basic Services Review Board recommends | 23 |
| that the application be accepted, the State Treasurer may | 24 |
| collateralize the applicant's basic service loan for eligible | 25 |
| expenses related to completing, attaining, or upgrading basic | 26 |
| services, including, but not limited to, delivery, | 27 |
| installation, staff training, and other eligible expenses as | 28 |
| defined by the State Treasurer by rule. The total cost for any | 29 |
| one project to be undertaken by the applicants shall not exceed | 30 |
| $10,000,000 and the amount of each basic services loan | 31 |
| collateralized under this Act shall not exceed $5,000,000. | 32 |
| Expenditures related to basic service loans shall not exceed | 33 |
| the amount available in the Fund necessary to collateralize the | 34 |
| loans. The terms of any basic services loan collateralized | 35 |
| under this Act must be approved by the State Treasurer in | 36 |
| accordance with standards established by the State Treasurer by |
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| rule. | 2 |
| Section 20. Responsibility of hospitals. Each hospital | 3 |
| that receives a loan collateralized under this Act shall take | 4 |
| the necessary measures, as defined by the State Treasurer by | 5 |
| rule, to account for all moneys and to ensure that they are | 6 |
| spent on the basic services for which the loan was approved. | 7 |
| Any hospital receiving a loan collateralized under this Act is | 8 |
| not eligible for collateralization of another basic services | 9 |
| loan under this Act within 10 years after the deposit of funds | 10 |
| awarded under the first collateralized loan. | 11 |
| Section 25. Rules. The State Treasurer shall promulgate | 12 |
| rules necessary for the administration of this Act.
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| Section 90. The State Finance Act is amended by adding | 14 |
| Section
5.640 and by changing Section 8h as follows:
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| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Hospital Basic Services Preservation Fund. | 17 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 19 |
| (a) Except as provided in subsection (b), notwithstanding | 20 |
| any other
State law to the contrary, the Governor
may, through | 21 |
| June 30, 2007, from time to time direct the State Treasurer and | 22 |
| Comptroller to transfer
a specified sum from any fund held by | 23 |
| the State Treasurer to the General
Revenue Fund in order to | 24 |
| help defray the State's operating costs for the
fiscal year. | 25 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 27 |
| revenues to be deposited
into the fund during that fiscal year | 28 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 29 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 30 |
| 2005 only, prior to calculating the July 1, 2004 final | 31 |
| balances, the Governor may calculate and direct the State |
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| Treasurer with the Comptroller to transfer additional amounts | 2 |
| determined by applying the formula authorized in Public Act | 3 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 4 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 6 |
| amount less than
the amount remaining unexpended and unreserved | 7 |
| from the total appropriation
from that fund estimated to be | 8 |
| expended for that fiscal year. This Section does not apply to | 9 |
| any
funds that are restricted by federal law to a specific use, | 10 |
| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | 11 |
| Fund, the Medicaid Provider Relief Fund, or the Reviewing Court | 12 |
| Alternative Dispute Resolution Fund, or the Hospital Basic | 13 |
| Services Preservation Fund, or to any
funds to which subsection | 14 |
| (f) of Section 20-40 of the Nursing and Advanced Practice | 15 |
| Nursing Act applies. Notwithstanding any
other provision of | 16 |
| this Section, for fiscal year 2004,
the total transfer under | 17 |
| this Section from the Road Fund or the State
Construction | 18 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 19 |
| revenues to be deposited
into the fund during that fiscal year | 20 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 21 |
| year 2005 through fiscal year 2007, no amounts may be | 22 |
| transferred under this Section from the Road Fund, the State | 23 |
| Construction Account Fund, the Criminal Justice Information | 24 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 25 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 27 |
| Governor
may include receipts, transfers into the fund, and | 28 |
| other
resources anticipated to be available in the fund in that | 29 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 31 |
| amounts designated
under this Section as soon as may be | 32 |
| practicable after receiving the direction
to transfer from the | 33 |
| Governor.
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| (b) This Section does not apply to any fund established | 35 |
| under the Community Senior Services and Resources Act.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
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| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 2 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 3 |
| 1-15-05.)
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